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Home My WebLink About2018-746-E AMS - Gonzalez Painting Justice Center mural painting DocuSign Envelope ID:7DD65668-C818-41E5-B88B-6036AFB1B155 [Departmental Use Onl ❑s TITLE Mural Paint FY 1 8/'19 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 12th day of November, 2018, ("Effective Date") by and between Orange County,North Carolina, a body politic and corporate organized under the laws of the State of North Carolina,(the "County"), party of the first part; and Gonzalez Painters&Contractors, Inc(the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Justice Facility-Mural Courtroom- 106 E Margaret Ln- Repair damage areas at one wall(court room)and paint. The term of this agreement rendered shall be from 11/19/2018 to 12/31/2018. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIIE'IC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not emceed Two Thousand Five Hundred, ($2,500.00). Payment shall be made within thirty (30)days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver-Clause. 3. independent Contractor: The Provider shall operate as an independent contractor, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers'compensation purposes, The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Revised 10117(Mgr appry A 6118) 1 DocuSign Envelope ID:7DD65668-C818-41E5-B88B-6036AFB1B155 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http:ffwww.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indernni : The Provider agrees, without limitation, to defend, indemnify,and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees)arising from bodily injury, including death,to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 6. Termination:This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to Provider. 7. Entire_ Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article I I and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecorni ,lie. og y/departmentslpurchasing divisionlcontracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination, By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified,and has not utilized the services of any agent or subcontractor identified,on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution_. Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Revised 10/17(Mgr appry 5k 6118) 2 I DocuSign Envelope ID:7DD65668-C818-41E5-B88B-6036AFB1B155 14, Non Appro rip ration: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement,then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS'WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE ""o m's en bY: PROVIU _DocuSigned by: E�r c wuS �Vt In Ky: $y' F21 F65A1766D487...A3Ejreci:364@4... F l orencl o Gonzalez Department>JUector Title: 244 S. Cameron St. Gonzalez Painters&Contractors,Inc P.O. Sox 8181 1344 Kennett Memorial Rd Hillsborough,NC 27278 Durham,NC 27745 Revised 10117(Mgr appry 5k 6118) r DocuSign Envelope ID:7DD65668-C818-41E5-B88B-6036AFB1B155 Gonzalez Painters Fx Contractors Inc. Estimate ' 4301 Bennett Memorial Road Durham,NC 27705 10/29/2018 Phone:(919)477-6058 r-t+rntprw S Cx�nndcrors.mac Asset Management Service Job:2018-11161:Asset Management Service 106 East Margaret Lane Nillsbarough, NC 27278 (919)201-6829 Interior Painting Section JOB DESCRIPTION: a)Customer preparation before GPC arrives(recommended to do at least 1-day before job begins): Removal of valuable items from work area(small electronics,plants,art work) Identify preferred access points for GPC staff to enter your home to ensure privacy Identify a safe area to keep your pets and small children while GPC staff is doing the job. b)GPC preparation of work area before painting: •Protect work areas to avoid damage to furniture and fixtures(cover floors,cover light-fixtureslcurtains) •For Walls&Non-Textured Ceilings:minor drywall repairs.If major drywall repairs needed,it must be specified as separate item on this estimate(ex:replacement of water-damaged drywall) For Trim:light sanding&minor caulking.If trim replacement needed,it must be specified as separate item on this estimate(ex:Trim is damaged,broken,chewed). c)GPC is not responsible for existing damage in the work area(existing floorffurn€tune scratches,existing paint on fixtures).. d3 At completion of Job,GPC will remove all job-related debris,materials and tools to leave the work area In broom-clean condition. The Interior Paint scope is for the following areas: Price Interior Paint 1 Repair $2`500,00 Repair damage areas at One wall(court room)and paint -Apply one coat of primer and two coats of paint 9match existing color) Use Sherwin Williams or Benjamin Moore paints $2,500.00 TOTAL $2,500-00 1 4 Y DocuSign Envelope ID:7DD65668-C818-4l E5-B88B-6036AFB1B155 DocuSign Envelope ID:9E3B3EAD-CF32-439E-80DF-AEAC4FOC85D6 c" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/UDiYYYY) 0812502018 ALJ THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFbRDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING;INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the cerilllcale holdar Is an ADDITIONAL INSURED,the p011oy(les)must he endorsed, It SUBROGATION IS WAIVED,SubJatt I. the terms and conditions of the policy,certain polio lea may requlro an onclarsemotit, A statement on this certlRcate does not Confor rights to the cartlRcats holder in 110u of such sildorsotnertf(s), PRODUCER k-A-A01I ROUND 7HE CCIRNER fNSAGENCY ING STRICKLAND INSURANCE BROKERS INC �{B�: _ 4GD COMMERCE COURT AC,I{Jo ep1, 919 2t18.95t70 _ A c,Nol: 910 286-9501 GOLDSBORO,NO 27534 8$;— INSURER(S)At'FOi OINO3 COVERAGE NAIC# Ir1suREO G INSURPRA ATLANTIC CASUALTY INSURANCE COMPANY i3Pl2ALEZ PAINTEF�S&C ONTRACTORS INC : 4301 BENNETT MEMORIAL ROAD Rauncan: DURHAM, NO 27106 INSURERS NSURERD; -- INSURER E' INSURERF COVERAOLS CERTIFICATE NUMBER; REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO-PMHSTANDINC3 ANY REQUtREMENT,TERM OR CON131TION OF ANY CONTRACTOR OTHER DOCUMENT WITH R€SPECT TO WHICH THIS OERT(FICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS, !T 7YPeOFINSURAIICE POLICY NUMBER 67fAOp idtOO E Y LIMITS }( COMMERCIAL GENERAL CIA6ILITY L001039496.2 03/17/2018 03/17/2019 EAf;if OcC+JRRCNc:E t 1,000,000 cLAlrne•s,iAb� occ+r� PRE+r.IL•ES ee owirtwe*1 S 100,001} A - MED rXP(Any one p y onl $5,000 PERSONAL aADVWxRY ;1,400,000 .0ENL A00REGATE LVIT 10PLIES PER. GEFIEr?A!,A66RE�3A7C i 2,0(ID,OQfl }C POLICY C�j� �L9C PROCi1CT5-C(+MP1OPMs0 $1,000,OD0 UYHER. -- - AUTOM(SBlLELli{SILnY PINY AAJTO LI00[L`r a<'IJURY{Perpars�} I ps,*tEo fiCHEOVLEO AUT F,OTOS BODILY iRURY(Pot so:ddapl) :1 HIkL•aRUT4S AUCOSYtiJIED - PAPr9Sardi�r,l UM/UIM $ UMBRELLALIAe GCCUR EACHO=RRENCE EXCE95 LIAR 4 ClhrF,ICTnAUE AGGREOATE ; a p BETE rKm WORRERa COMPcn0ATloH - pp ANDEMPLOYFRS"L(ABILITY YIN F 3�ATUTE ERH I ,AJe!{FftOFRItTCRIPARiHt.Pra.,GU VE C L.EACH ACC4i}kNT gqFFKA RUEMDER PACLUQbW NIA 4 lMsn4ttory In NHI II s liwdboundet EL.DISEASE-iEAFIAPLow` !)ESGRR'no"oP VAERATR)N:i hplo+'r —F-11,DISEASE-POLICY LIMIT OFkCR IPTIDNOF'OPFRATJONSILOCATIOI3/VEHICLES(ACORD101,AddlllanalRemark.schodule,maybeattached)fmur#apat4lerequlretll PER POLICY CERTIFICATE HOLDER CANCELLATION ORANGE COUNTY SHOULD ANY OF THE ABOVE OEOaCRIBEO POLICIES BE CANCELLED BEFORE PO BOX 81ST THE EXPJRATIOII DATE THEREOF. NOTICE WILL BE DELIVERED IN HILLSBOROUGH,NO 27778 ACCORDA14CE WITH THE POLICY PROW WOWS. AUTHORIZED REPRESGNTATIVE 1968-2014 ACORD CORPORATION, All rfghte ressrved, ACOR1)28(2014101) The ACORD flarn0 apd 10 90 are rag(stared In arks of ACORf) DocuSign Envelope ID:7DD65668-C818-41 E5-B88B-6036AFB1 B155 i DOCUSign Envelope ID:9E3B3EAD-CF32-439E-SODF-AEAC4FOC85D6 4.'xvr: i Glf- , iC"rr"a CERTIFICATE OF LIABILITY INSURANCE °I`TE3""AU0"""' T�IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CE=RTIFICATE HOLDER, THIS 1'.. CE=RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDE=D BY THE POLICIES BELOW, THIS CHRTIFICATE OF INSURANCE GOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($),AUTHORIZED RUPRESENTATIVE OR PRODUCER,AND THE GER7IFICATE HOLDER, IMPORTANT:If the,certificate holder Is an ADDITIONAL INSURED,the pollcy(les)mast have ADDITIONAL INSURED Provislons or he endorsed. If SUBROGATION is WAIVED,subject to the terms and conditions of the Dopey, cartel, policies may rognire an endorsement. A Statement on t Is certifica o dines not confor tic hts o t a c C oil ler In Ileu of Such an o se e t s, PRODUCER CONTACT AkOUND THE CORNY R INS AM 1 PHONE FAX 1431 13ROAD ST A7G NO Ell); AIC,No I E DURHAN NC 27745 ADDRESS: Y1 767HB INSURER.S.APFOROING COWRAeE HAIC A INSURERA:TRAVELERS PROPERTY CASUALTY C%IVANY OF AMERICA _ IFi9URED• - INSURER a: GONZ1iLEL PAINTERS AND f: CONTRACTORS INC INSURER C' ` 9 301 BENNETT MEMORIAL, RD INSURER D. a. DURRAM NC 27745 INSURER E: ' INSURER r: 4 , 1 COVHRAGE� CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE . POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR ZITHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLIC3ES. LIMITS SHOWN MAY HAVE -� .' C BEIEN REDUCER BY PAIb CLAIMS, a1N POLICY EFF POLICY EXP L TYPE OF INSORAHeC ANSO 1VVo POLTOY NUMBER MNUD Yy" MNVAnrYYYY LIMITS +} COPdMCRCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED 'y>>. CLA11f,$•NtgOE OCCUR PREMISES Ea otnrrtnnce S PERSONAL ❑ ! U I GENY AGGRELTH75 LINUT APPLIES PER: GENCRALAGGREGATE S POLCY❑PROJECT M LOG PRODUCTS-COMPIOPAW 5 AUTOMOBILE LIABILITY a ocddCnl COEbBINED SINGIE LIMIT i{ • E 'S ANYAUEO BODILY INJURY(Per persom S EDAUTOS SCHEDULED n®OILYINJURY Parecti3en! S HIqEDAUTOS NON OyYNED W"'AIIS ONLY AUTOSONLY UMORELLAVAtt OCCUR $EXCESS UAB CIARRS•MADS OED RETENTYOII $ $WORKERS COMPENSATION -AND EMPLOYERS`LIABILITY (6,'JUF3�9F56581-2-18} 03-18-18 03-18-19 £{ - ANY PROPRIETORIPARTNERdFXECUTIWE OFFiCERrI,tENIBER EXCLUDED? E.L CACHACCIDENT S 1,000,000 ! 3.; IMandasoryMNHE NIA P1 1,000,000 T?�s kk Y VA-01SEASE-EA EMPLOYEE S "I F DESCRIPTION OP OPERATI 5 6o:ew E,L.DtlSf:A5E-POLIGY:JPAIi 1,000,000 -i-i Ili.v. nA. t11PTIGNQFDY€1tATlONSJLDCATIGHSfVEHfCLEl3(ACORO101,AddlllcnalROnkarksSchodule,mpybmaRacho[ilt=is spacehmquliedl CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE W17H THE POLICY PROVISION$. ORANGE COUNTY AU7HOR12EDREPRE$ENTATIVE � n .. PO BOX 8181 1dTLI'SBORO'[7GEf NC 27278 �.. 81988.2018 ACORD CORPORATION.All rights roaarvad. ACORD 26(201GI03) The ACORO name and logo are registered marks of ACORD i9•