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HomeMy WebLinkAbout2019-564-E AMS - Certapro Sportsplex Pool Painting DocuSign Envelope ID: B883DFBA-83C4-4CO2-92D1-CAD668CBE4D7 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 17th day of August, 2019 by and between Orange County, North Carolina (hereinafter the "County" and/or "Owner") party of the first part; and CertaPro Painters (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: August 17, 2019 through September 1, 2019. The Project Commencement Date shall be August 17, 2019. Dollar Amount Not to Exceed: Twenty- Two Thousand, Eight Hundred Eighty-Eight Dollars ($22,888.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Provide all labor and materials necessary for painting surfaces as outlined in proposal job # KS967000174 dated July 24, 2019. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. Contractor is solely responsible for obtaining all permits necessary to complete the Work in compliance with local, state, and/or federal law. The Contractor is responsible for all physical damage to owned or rented machinery, tools, equipment, forms, and other items owned, rented or used by the Contractor and/or Subcontractor(s) in the performance of the Work including all of Owner's property in Contractor's care, custody, or control, and all such property while it is in transit. 3. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. Revised 12/18 1 DocuSign Envelope ID: B883DFBA-83C4-4CO2-92D1-CAD668CBE4D7 4. RELATIONSHIP OF PARTIES Contractor is an independent contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 5. SUSPENSION AND TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30) days' written notice to Contractor. Owner may suspend the Work at any time for Owner's convenience and without penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by Owner. The notice required by this section or any other notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, the United States Post Office. 6. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner'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.oran eg countync. og v/departments/purchasing_division/contracts.php). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 7. INDEMNIFICATION Contractor agrees, without limitation, to defend, indemnify, save, and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees resulting in property damage or personal injury, including death, or other loss related to the Work. Contractor is responsible for all errors or omissions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. It is the intent of this section to require Contractor to indemnify the Owner to the full extent permitted under North Carolina law. 8. NON-ASSIGNMENT AND OWNER'S REPRESENTATIVE Revised 12/18 2 DocuSign Envelope ID: B883DFBA-83C4-4CO2-92D1-CAD668CBE4D7 Contractor shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the Owner. The County has designated(Angel Barnes)to act as the County's representative with respect to the Work and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 9. NON—APPROPRIATION Contractor acknowledges that Owner 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 Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 10. DISPUTE RESOLUTION Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http://www.oran ec�ountync. o�partments/purchasing division/contracts.php). 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. 12. COMPLIANCE WITH LAW/GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. Contractor 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 non-discrimination laws, policies, rules, and regulations and Revised 12/18 3 DocuSign Envelope ID: B883DFBA-83C4-4CO2-92D1-CAD668CBE4D7 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.oran e�tync. o�partments/purchasing division/contracts.php). Any violation of the Orange County Non-Discrimination Policy 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 Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor identified, on the lists created by the State Treasurer pursuant to G.S. 147-86.58 and G.S. 147-86.81. 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 intent of the Parties to comply with Article 11 A and Article 40 of North Carolina General Statute Chapter 66. IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR By 8/22/2019 By x, > f`_ 8/21/2019 C , County Manager CertaPro Painters 200 S. Cameron St. 6104 Oak Forest Drive P.O. Box 8181 Raleigh,NC Hillsborough,NC 27278 27616 Revised 12/18 4 DocuSign Envelope ID: B883DFBA-83C4-4CO2-92D1-CAD668CBE4D7 CermSft "JO W Kirt Sto Independent Franchise Owner: Job#: KS967000174 Date: 07/24/2019019 6104 Oak Forest Dr. Raleigh, NC 27616 EXTERIOR PROPOSAL (919)876-2008 Fax: (919)876-2013 kstorch@certapro.com 1-800-462-3782 License#: 59109 Full Workers Compensation Coverage/$2,000,000 General Liability Insurance Orange County Sportsplex Special Notes: Andrew Stock 101 Meadowlands Dr CertaPro Painters will repaint outlined surfaces using premium products from the Sherwin Hillsborough*,NC 27278 Williams Paint Company Phone:919-605-2418 AJStock@oc-sportsplex.com Production will take place when the pool is closed and other contractor work is being done A scissor lift will be required to repaint outlined surfaces, price is included in proposal. All"white"areas being repainted will receive 1 coat-Color match of existing surfaces. All accent blue areas will be repainted with 2-coat coverage,color TBD We will coordinate with other contractors timing of production during pool renovations All Banners and signs will be removed by customer prior to production ***Update 7/31/19*** We will caulk all expansion joints on tilt up walls and repaint entry walls from lobby to pool area Production to be done between dates of 8/17/19-9/1/19 when pool is closed for renovations ******CertaPro Painters is an officially Licensed General Contractor in the State of North Carolina,South Carolina and Tennessee****** *Surface Preparation/Cleaning-all previously painted surfaces will be cleaned effectively prior to applying coats of primer or finish paint systems,so that all specified coatings will bond effectively to substrate *Paint Application-all coatings will be applied in accord with manufacturer's written recommendations by brush,roll,spray(or combination). *Coat Thickness-paint material will be applied within manufacturer's recommended spread rate and mileage. *Safety Guidelines/MSDS -OSHA safety guidelines will be adhered to at all times and Material Safety Data Sheets for all products will be maintained on site. *Liability/Worker's Compensation-current copies of our liability and worker's compensation will be supplied prior to our start GENERAL DESCRIPTION: Painting to: Pool walls and entry ways at Orange County Sportsplex in Hillsborough,NC QUESTIONABLE AREAS Include Exclude CMU&Concrete walls,Wooden storage area walls,CMU Bathroom walls,Metal ceiling surfaces,All other surfaces in Columns all inside pool deck, Entry way walls pool deck area PREPARATION PRIMING Surface Type/Area Primer Purpose DocuSign Envelope ID: B883DFBA-83C4-4CO2-92D1-CAD668CBE4D7 a IL . F Repaint Pool walls, entry ways, Repaint Pool walls, entry ways, Repaint Pool walls, entry ways, CMU Columns and wooden CMU Columns and wooden CMU Columns and wooden stora a accent area stora a accent areas storage accent areas ti 9 I{ � Repaint Pool walls, entry ways, Repaint Pool walls, entry ways, Repaint Pool walls, entry ways, CMU Columns and wooden CMU Columns and wooden CMU Columns and wooden storage accent areas storage accent areas storage accent areas FINISH COATS Surface Area Manufacture/Paint Type #Coats Color CMU&Concrete Sherwin Williams Multi-surface Acrylic 1 Match Surfaces CMU,Concrete and Sherwin Williams Multi-surface Acrylic 2 Light Blue to Royal Wooden Surface Accent areas Clean Up: Daily upon completion. Notes/Misc: CUSTOMER SERVICE COMMITMENT The goal for this job is to provide the best customer experience possible.This is accomplished by being friendly and courteous,by doing things right the first time,and by respecting your property and your home. We recognize that we are guests in your home. WARRANTY ON ALL WORK We warranty all of our work for 2 years against blistering and peeling.This is not just a"handshake" warranty.This is a legal document,please see back of proposal for details. WORKMANSHIP All paint project and workmanship completed by CertaPro Painters will be in cooperation with existing PDCA(Painting and Decorating Contractors of America)standards. PAYMENT TERMS:A 30%deposit is due prior to your start date. PAYMENT OPTIONS: Check,Cash,Visa,Master Card and Amex A 3.5%financing surcharge applies for credit card payments. Optional items listed are not included in the total price unless indicated with a "Yes." All Labor, Paint, Materials: $22,888.00 TOTAL $22,888.00 DocuSign Envelope ID: B883DFBA-83C4-4CO2-92D1-CAD668CBE4D7 Signature of Authorized Franchise Representative: Date: Payment is due: Scheduled Payments(to be determined) (I/WE HAVE READ THE TERMS STATED HEREIN,THEY HAVE (I/WE)HAVE EXAMINED THE JOB STATED HEREIN,THEY EXPLAINED TO(MEWS)AND(I/WE)FIND THEM TO BE HAVE SHOWN TO(MEWS)AND(I/WE)FIND THE JOB TO SATISFACTORY,AND HEREBY ACCEPT THEM. BE SATISFACTORY,AND HEREBY ACCEPT THE JOB AS COMPLETE. SIGNATURE Date SIGNATURE Date DocuSign Envelope ID: B883DFBA-83C4-4CO2-92D1-CAD668CBE4D7 SHERSTO-02 RFURY '4�aRo CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) kk-� 8/12/2019 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 certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Rhonda Fury Pittman Insurance Group,LLC PHONE 919 741-5284 FAX 4011 Westchase Blvd.Suite 120 (A/C,No,Ext):( ) (A/C,No): Raleigh, NC 27607 E-MAIL rhonda@pittgroupllc.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Builders Mutual Insurance Comp 10844 INSURED INSURER B: Sheri Storch Services Inc INSURERC: DBA CertaPro Painters 6104 Oak Forest Drive INSURER D: Raleigh,NC 27616-2910 INSURER E: INSURER F: COVERAGES 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 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 TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR PCP0003897 12/17/2018 12/17/2019 DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 X OTHER:PD-$250 Deductible A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO PCA0020512 12/17/2018 12/17/2019 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PerOac R DAMAGE $ AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE MUB0005270 12/17/2018 12/17/2019 AGGREGATE $ 4,000,000 DED X RETENTION$ 10,000 A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN WCP1056332 12/17/2018 12/17I2019 1,000,000 ANY PROPRIETOR PARTNER EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT A Equipment Floater PCP0003897 12/17/2018 12/17/2019 Limit 50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Officers:Kirt Storch and Sheri Storch are excluded from Worker's Compensation CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g y ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE *a- ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD