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Home My WebLink About2016-750-E AMS - Gonzalez Painting Tax Admin painting DocuSign Envelope ID: E34D59A8-5DED-42AB-B007-C9F17F80DB8C [Departmental Use Only] TITLE Tax Admin 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"), 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 (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Gateway Second Floor-Tax- Paint walls and trim at main areas (hallways, reception,kitchen areas and bathroom)Details in attached proposal. The term of this agreement rendered shall be from September 1",2016 to October Vt,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 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 exceed Six Thousand Eight Hundred,($6,800.00). 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 6116 1 DocuSign Envelope ID: E34D59A8-5DED-42AB-B007-C9F17F80DB8C Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http_I/www.orangecountync.gov/departments/purchasing divisionfcontracts.php). 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. 5. Indemnity: 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 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. 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 I lA and Article 40 of North Carolina General Statute Chapter 66. 8. Priori : 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 last 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 Orange 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. Non 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 6/16 2 DocuSign Envelope ID: E34D59A8-5DED-42AB-B007-C9F17F80DB8C 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 6n6 3 DocuSign Envelope ID: E34D59A8-5DED-42AB-B007-C9F17F80DB8C 1N WI IiNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. O%,-1 DocuSigned b—y I-- PIDnIrmr.r. DocuSigned by: By. It 0637994B755E477... By •IF21F65A17B6D467... County Manager Title: UM M I 200 S. Cameron St. Gonzalez Painters&Contractors,INC P.Q.Box 8181 4301 Bennett Memorial Rd Hillsborough,NC 27278 Durham,NC 27705 Revised 6f 16 4 DocuSign Envelope ID: E34D59A8-5DED-42AB-B007-C9F17F80DB8C GONZALEZ PAINTERS & CONTRACTORS, INC 4301 Bennett Memorial Rd Durham NC 27705 919-477-6058 ESTIMATE 9 .. Bill to: Date:- a, Est mate#: =5/2016 f 161.99 i Pau! Sorrel Tax administration offices building i 919-619-8041 Description: Amount: Second floor i 6,800.00 Paint walls and trim at main areas(hall ways,reception,Kitchen areas and bathrooms) I Apply 2 coats of paint at walls and I at trim Use Promar2OO by Sherwin Williams Repair cracks and holes as needed and caulk wood trim Protect work areas to avoid damage to furniture and fixtures i Remove MI job-related debris and materials and leave in broom-clean condition MATERIALS AND LABOR IS INCLUDED i f c 1 Thank you for the opp®rtunity to quote your joh Total $6,800.00 DocuSign Envelope ID: E34D59A8-5DED-42AB-B007-C9Fl7F80DB8C r 4& DATE(MMJDDM Y'ri CERTIFICATE OF LIABILITY INSURANCE � 613012016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING iNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. iMPORTANT: If the c ttflcate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,Certain policies may require an endorsement_ A statement on this certificate does not confer rights to zhe certificate holder in lieu of such andorsement(s). cONTPRODUCER wu1e: T Catherine Hummel j Cathedne Hummel PNOHE 9192869500 F'x Nfl; 1 ._869501 _. Around The Corner insurance Agency Inc. E-MAIL 1431 Broad St. INS AFFORDING COVERAGE Durham NC,27705 INsuRERA:Atlantic Casualty INSURED INSURERS:Travelers ,Gonzalez Painters And Contractors INSURER C: ... 3513 Guess Rd INSURER o k [Durham.NC 27705 wSURERe INSURER F: _ COVERAGES CERTIFICATE NUMBER: REVISION NUMBF-k I THIS IS TO CERTIFY THAT THE POLICIES OF INSURAIJCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I IN.GCATED. NO VLITHSTANDING ANY REOUIR.EWENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM$. II {— EXCLUSION'S AND CONDITIONS OF SUCH POLICIES.LITArfS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. em r 1LICY LTR TYPE OF INSURANCEADDL Sil t POUC.Y NUMBER 1 mn2p MWD POLICY�� LIMITS p 7R. GE'JERAL LIABILITY I EACi40CCURRENCE a. 1 fl00 O Q-- A j 11001039496-0 03117116 03117/17 +e/l C0hrr1LEnRICL1IAyj-F:3:4ECN•EE R?ALLMI41TY .C..... MED XP("oft va3onlaeru 500 -7 I PERSONAL a ADV INJURY S 3 .fJ...l IMP I GENERALAGGREGATE s _- 2.000,000 iZK-L AGGREGATE L11,17APPUFSPEP; PRODUCTS-CONIFJOPAGG s 1.fl00.040.- POLICY PRO- I�LU S AUTOMOBILE LLABIUTY � C COMBINED S, LIMITS ANY AUTO BODILY INJURY Per person} is .-.. kJL OWNED 1 AUTOS SCHEDULED BODILY INJURY rw.-accKtent) S AL!TOV - - - ---- 1l NON-OWNED PROPERLY o E S HiRE0ALITO& AUTOS 1 Per e..__. _ UMBRELLA UAB _ OLGi�R � 1 EACH OCCURRENCE 5 ! EXCESS LIAS i. 1 CL ml&9 MADE! !AGGREGATE QED ReTftNTION S I 3 WORKERS COMPENSATIONOTYI- 3 AND EMPLOYERS L IABrUTY Y 7 N !6JU B9F56581-2-16 03118/16 03/18/17 . li PRORRIET6RIP.ARTNEERxECECUTNE NIA E.L EACH ACOIDENT` IS $1 000,000'_ C •G1cRA1c-M8ER EXCLUDED? -._..... Ylandatory In NH] CL OW-ASE-EA EMPLOYEES $1 000 000 - .... Sys RI a ER:nONSbebw I I F.L.DISEASE-POLICYUMrr is 1 fl001JOG I , ii 1 DCSCRIP7I0N OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 1101,Aillmonal Asmarias Schedule,if mom apace Is requimd) { CSIR TFICATE HOLDER CANCELLATION ORANGE COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE � PC)BOX 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN i NILI SBCRC3UGH IuC27278 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1 C 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD