The URL can be used to link to this page

Home My WebLink About2016-742-E AMS - Gonzalez Painting Courthouse DocuSign Envelope ID:AF325259-CDD5-451D-9FF8-03E242D66646 [Departmental Use Only] TITLE Courthouse Painting FY 2016-2017 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 24th day of August, 2016, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"), party of the first part; and Gonzalez Painters & Contractors, INC (the "Provider"), parry 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 (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Courthouse-Prep and paint windows. Apply one coat of primer and two coats of paint. Remove storm windows to paint behind and reinstall after painting(clean glass), repair window glaze as needed. Apply paint by hand. The term of this agreement rendered shall be from September 1",2016 to October l' 2016. 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. SPECIFIC TERMS I. 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 exceed Sixteen Thousand Five Hundred, ($16,500.00). 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 Viability Insurance, Automobile Insurance, Workers' Compensation. Insurance, and any additional insurance as may Revised 6/16 1 DocuSign Envelope ID:AF325259-CDD5-451D-9FF8-03E242D66646 be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/de]?artments/purchasing division contracts. h ). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark NIA 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. S_ Indemni : The Provider agrees 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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement on the part of the Provider. 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 the Provider_ 7_ Entire Agreement and Si atures: 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 44 of North Carolina General Statute Chapter 66_ 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina- 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 Anti-Discrimination Policy. 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 affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 10. Dispute resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Change County,North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. Nan Appropriation: 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 Revised 6116 2 DocuSign Envelope ID:AF325259-CDD5-451 D-9FF8-03E242D66646 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. [SIGNATURE PAGE TO FOLLOW] Revised 6/16 DocuSign Envelope ID:AF325259-CDD5-451D-9FF8-03E242D66646 IN WITNESS WHEREOF, County and the Provider have signed this Agreement,effective as of the day first written above. OR ,.r o cu�g d by, PROxfm-vD UocuSigned by: I0637994B755E477 6Etilnit� A�MwtC V S f;== By. .. By:' F21F65A17B60487... 1 Dungy ivianager Title: uwner 200 S. Cameron St. Gonzalez Painters& Contractors,INC P.O.Box 8181 4301 Bennett Memorial Rd Hillsborough,NC 27278 Durham,NC 27705 Revised 6/16 4 DocuSign Envelope ID:AF325259-CDD5-451D-9FF8-03E242D66646 GONZALEZ PAINTERS & Painrt2rs�Can3rc3Cf ors. I�fC CONTRACTORS,INC 4301 Sennett Memorial Rd Durham NC 27705 ESTIMATE 9I9-477-6058 Bit!ts�: Date: Estimate#: 81512016 16202 Asset Management Services JOBS Court House-10+6 E Margaret Lane Hillsborough, NC 27278 1 919-201-6829 - Description: Amount: 'CHANGE ORDERS -This is only a proposal and your acceptance is subject to our approval in order to make this contract binding.. (-If after you agree to this work,you desire any change of additional work,please contact us,as the cost of all revisions must be agreed upon in writing.Workers are instructed not to undertake additional work without authorization. -Starting date is to be agreed verbally or through e-mail conversation.Change may require additional charge. -You will be notified of all needed carpentry or plaster repairs before they are done.If additional carpentry is found after project starts,$25 per hour plus materials will be charged. -It is essential that the work area be available to us,free from other trades.As a result of trade interference, I Gonzalez Painters and contractors,INC,may leave the job and additional charges may be incurred. COST -We propose to furnish material and labor or labor only—complete and in accordance with abo�,e spec cations for the sum of all as stated above.Individual tasks,if selected,may require additional pricing.Price is valid for i 90 days,unless otherwise noted. PAYMENT The balance is to be paid on the last day of the job. -Progress payments may be requested throughout the course of the job if the job lasts longer than three(3) weeks. -.Acceptable forms of payment are cash,check,money order,or credit card. ACCEPTANCE OF PROPOSAL I-Please indicate your acceptance of this proposal by signing this copy and returning to us. 1-We must have your signed copy in order to secure a start date. -By signing this contract,I acknowledge that I have read and understood the terms and conditions of this proposal. SIGN DATE (Upon your approval,please print this last page,sign and return) l • I 1 Thank you for the opportunity to quote;your job Total $16,500.00 I Page 3 DocuSign Envelope ID:AF325259-CDD5-451 D-9FF8-03E242D66646 GONZALEZ PAINTERS & {�j�n,E rs Cnntractors, IrJC CONTRACTORS,LTC 4301 Bennett.Memorial Rd Durham NC 27705 ESTIMATE 919-477-6058 Sill to. Date: Estimate#: 8/5/2016 16202 Asset Management Services 30B. Court House-106 E Margaret Lane Hillsborough, NC 27278 919-201-6829 f Description: Amount: INSURANCE 1 Liability insurance and worker's compensation are carried through CMA Insurance,certificate of insurance is available upon request LIMITED WARRANTY Gonzalez Painters and contractors,LNC hereby guarantees that all work executed under this contract will be i free of defects in materials and workmanship for a period of one(1)years from the date of final acceptance.All defects occurring within that period shall be replaced or repaired at no cost to the owner.This warranty is in lieu of all other warranties,expressed or implied.Our responsibility is limited to correct the condition as indicated EEEE1 above. I I -This warranty excludes and in no event-dill Gonzalez Paintm and contractors,INC be responsible for If i consequential or incidental damages caused by accident or abuse,temperature changes,settlement or moisture, i.e.cracks caused by expansion and/or contraction.Cracks will be properly prepared as indicated at time of job,. but will not be covered under this warranty. WORK STANDARD D All wort-is to be completed in a manner according to standard practice&'Worker(s)will remain on job premised until completion of project.Work site will be cleaned daily and upon project completion.All agreements are contingent upon strikes,accidents,or delayed beyond our control. -The painting contractor will produce a"properly painted surface".A'-properly painted surface is one that is l uniform in color and sheen.It is one that is fire of foreign material,lumps,skin sags,holidays,misses, strike-through,or insufficient coverage.It is a surface that is free of drips,splatters,spills,or over-spray which the contractors'workforce causes.Compliance to meeting the criteria of the'-properly painted surface"shall be determined when viiewiu without magnification at a distance of Eve feet or more under normal lighting conditions and from a normal viewing position. -Any prior drips or poor workmanship prior to this painting may or may not be able to be corrected and will be determined at the time of the estimate- CUSTOMER RESPONSEHLITY -Please take specific note of job description V -Color must be chosen one(1)week prior to start date.An Additional cost Nvill be charged for color changes made after the commencement of work. -Alarms must be turned❑ffwhile work is in progress 1 ~ Thank you for the opportunity to quote your job Totaf.. R Page 2 DocuSign Envelope ID:AF325259-CDD5-451 D-9FF8-03E242D66646 3 DATE(MwoolY'•:'1^r') CERTIFICATE OF LIABILITY INSURANCE 8I3012016 THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATiVHLY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 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. WPORTANT: if the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUWMGATION IS WAIVED,subject to the terms and conditions of the polity,certain policies may require an endorsemein_ A statement on this certificate does not confer rights to the certificate holder in lieu of such endos.ement(s). wITAcT przoauD£a NAME: Catherine Hummel i:atherine Hummel =Edi, 9192869500 Around The Corner Insurance Agency Inc. M _ I -1431 Broad St. INSU s AFFORDPIG COVERAGE NAICC Durham NC,27705 — _.. INSllRERA: AUandCCasuaftY INSURED, INSURER B:Travelers lGonzalez Painters And Contractors INSURERC: 113518 Guess Rd INSURER 0: Durham. NC 27705 I I INSURER F: I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: I -HIS'S TO CERTIFY THAT THE PORKIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIoo I OICATED- NO-,VITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CCRTIFICATE MAY EE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS- EXC'USIONS,.%D CONCITIONS OF SUCH POLICIES.LRAiTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PO.' ; POLICY EXP .. - L 7r1; TYPE CIF JNSURANCE POLICY NUMIDER- I mwm - I MIIS UNITS GENERAL LIASILITY - ! i EACH OCCURRENCE 3 1 000_.,0E7_0_-- A 1001039496-0 03f17t18 03117/17 €1UKLNItu 00NrAER30A-:aE%'ZAALLA$ILITY aREvu Eaoddirm ae s�,00,000-. —= s I ns;.SCE I aCCL:R j i a+Ea P(Are one parson) S � N 00U � _.. ._ ....._.__—. PERsaNA.LSAB571NJISRY s GENERAL AGGREGATE s 2 000,0-0 CEV-L AGGREGATE UMIT APPLI ES PEP: I PRODUCTS-COMPJOPAGG S Poucy Lac AUTOMOBILE LW8ILIS"Y i ,I COMB t 1F LLF S -_...... ANY ALITG 'BODILY IN,;u RY Merpersm) �S W ALL OWICED :SCHEDUL—.0 ... I i I1017iLY EN.SURYfPar aaudMlf} S . .AUTOS .NON-OAPN--O PPROPERTY PAMP.GE _._. ....... k S H`.IREDAL'TOS AUTOS .v s _. ---•.-UMBRELLA UAIE EACH OCCURRENCE 5 I OCCUR _.. _ ._...-__.._ EXCESS LIA6 i^ h75_h}ALiE I AGGREGATE 5 --�---�q I i DED RETE>dYION$ WORKERS COWENSATION I I NC STATU- A.W0 EMPLOYERS llaA;[TY YrH f 6JUI39F50581-2-10 03/18/16i 03/18/17 PRaFR= OWPA2 YERfEISECUI7hE s E.L.EACHACOD£NT is $1,000,000 nF -E2V, MAzREXCLU7ED7 HlA _._ ] MandmoryinNK) ; E.L DISEASE-EA EMPLOYEE!$ $1000000 1 yes,descnae ender i a-s RIPTIOr or jPc-PATIONSbelw iEL-DLSE0.5E-POLCYLJMT`s s $1,000.000 I E 1 I r � j I DESC PrPTION of OP ee AnONs f LOCATIONS I VENCLES(Attach ACORD lal,Addition,]Remarks Schedule,1mom space Is required} I I i CERTIFICATE HOLDER CANCELLATION ORANGE COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HiLLS60ROUCH NC 27278 ACCORDANCE WTH THE POLICY PROVISIONS. � AUTHORIZW REPRESENTATIVE 7I �1 j 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(20101055) The ACORD name and logo are registered marks of ACORD