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HomeMy WebLinkAbout2019-650-E AMS - Gonzalez Painters Animal Services DocuSign Envelope ID:AF8C0098-E41E-4A92-BEA6-388EE5DF4E16 os [Departmental Use Only] TITLE Animal Sery Paint FY 2020 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 20th day of September, 2019, ("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: Animal Services-1601 Eubanks Rd-Exterior painting which will include wood soffits and ceilings at front of the building as well as power wash and urethane. The term of this agreement rendered shall be from 9/30/2019 to 12/31/2019. 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 Two Thousand Nine Hundred, ($2,900.00). 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 12/18 1 DocuSign Envelope ID:AF8C0098-E41E-4A92-l3EA6-388EE5DF4E16 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/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. Indemnity: 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 IA 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.oran ec�ounlync. og v/departments/purchasing division/contracts.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 12/18 2 DocuSign Envelope ID:AF8C0098-E41E-4A92-l3EA6-388EE5DF4E16 10. 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 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. GRAN Uocusigned by: PROVIDE" Uocusigned hy: Ste. Qv►n.� _�__�� By: _ sooscoae81844c5. By: F29F65A77B60487. Department Director Title: 200 S. Cameron St. Gonzalez Painters&Contractors,INC P.O. Box 8181 4301 Bennett Memorial Road Hillsborough,NC 27278 Durham,NC 27705 Revised 12/18 3 DocuSign Envelope ID:AF8C0098-E41E-4A92-BEA6-388EE5DF4E16 Gonzalez Painters&Contractors Inc. Estimate _•, 4301 Bennett Memorial Road Durham,NC 27705 Q71�l Phone:(919)477-6058 ' /2019 Company Representative (Jon7A LJ. Z Hector Javier Rivera L! Phone.(919)702-5510 javier@fgpainting.00m Paul Sorrell Job:2018-12457:Paul Sorrell 1601 Eubanks Road Chapel Hill,NC 27516 (919)619-8041 . Exterior Painting Section JOB DESCRIPTION: a)Customer preparation before GPC arrives(recommended to do at least 1-day before job begins):"Removal of iterns from around the house and decks'identify a safe area to keep your pets and sma11 children while G P C staff is doing the job. b]At completion of Job,GPC will remove all jab-related debris,materials and tools. The Exterior Paint scope is for the following areas: Price Exterior Paint $3.100.00 Wood Soffits and ceilings at front of the building. Light power wash and apply i coat of clear urethane waterborne. Reattach loose boards where needed. Light sand before clear application. Notes. Include beams, Optional. Light power wash and paint red siding and trim 1 coat same color. Apply caulk at cracks and seems. Price.$2350.00(not included in total price) -Protect work areas to avoid damage to plants,furniture,and fixtures(using plastic) -Pressure Wash the areas to be painted -Remove surface debris,mold,mildew,oxidation -Remove downspouts to paint behind,if needed -Prepare surface area(putty nail-holes,scrape peeling paint,and feather-sand) -After painting is done,remove all job-related debris and materials to leave the area in broom-clean condition. Note:Additional coat of paint is an extra charge-If needed, PAINT PRODUCTS: GPC will use same product use originally. $3,100,00 j Sub Total $3,100.00 Discount:Javier(Estimator) ($200.00) !!! TOTAL - $2,900.00; �V� DocuSign Envelope ID:AF8C0098-E41 E-4A92-BEA6-388EE5DF4E16 D® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD 08/21/2012D19 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 E Y THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREII AUTH RIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provi ions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endor ement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT NAME, AROUND THE CORNER INS PHONE Pax 1431 BROAD ST A1C,No,Ext: AlC, o E-MAIL ADDRESS: DURHAM NC 27705 7�?H)3 INSURER(S)AFFORDING COVERAGE NAIL p INSURER A:TRAVELERS PROPERTY CASUALTY COMPAN OF ANERICA INSURED iNSl1RER B: GONZALEZ PAINTERS AND INSURER C: CONTRACTORS INC 4301 BENNETT MEMORIAL RD INSURERD: DURHAM NC 27705 INSURERF INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION I UMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED N ED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT 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. INS14 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSO WVO POLICY NUMBER MMlDDIYYYY MM1DDlYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCL ZRENCE $ DAMAGE T RENTED CLAIMS-MADE ❑OCCUR PREMISES a occurrence $ MED EXP Y one arson $ PERSONAL ADV INJURY GEN'RL EAGGgGREGATE LIMIT APPLIES PER: GENERAL $ POLIO PROJECT ❑ LOC PRODUCTS COMPIOP AGG $ $ AUTOMOBILE LIABILITY COMBINED E INGLE LIMIT Ea accident $ ANY AUTO BODILY INJU iY Perperson) $ OWNEDAUTOS SCHEDULED BODILYINJU Y Per accident $ ONLY AUTOS PROPERTY AMAGE HIRED AUTOS NON-OWNED Per accident $ ONLY AUTOS ONLY 5 UMBRELLA LIAR OCCUR EACH OCCU kRENCE $ EXCESS UAS CLAIMS-MADE AGGREGATE $ DEDI IRETENTION $ WORKERS COMPENSATION EA OH A AND EMPLOYERS'LIABILITY (6JUB-9F56581-2-19) 03-18-19 03-18-20 X S TE R ANY PROPRiFTORIPARTNERIEXECUTIVE OFFICERWEMBER EXCLUDED? YIN E.L.EACH A CIDENT 5 1,000,000 (Mandatory in NH) 1r N N!p' E.L.DISEAS —EA EMPLOYEE$ 1,000,0O0 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE —POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE C ANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERS IN ACCORDANCE WITH THE POLICY PROVISIONS. ORANGE COUNTY AUTHORIZED REPRESENTATIVE PO BOX 8181 HILLSBOROUGH NC 27278 ©1988-2015 ACORD CORPORATION,All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD (Rev.09-18) DocuSign Envelope ID:AF8C0098-E41 E-4A92-BEA6-388EE5DF4E16 7A-FE(MMIDDIYYYY) ACC)I " CERTIFICATE OF LIABILITY INSURANCE019 BMR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER IFICATE 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 IN URER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATIC N IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate doe not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AROUND THE CORNER INS AGENCY INC STRICKLANO INSURANCE BROKERS INC NAME: 400 COMMERCE COURT PHONE1 919-286-9500 A� Ne: - Ext: 919-286-9501 EMAIL GOLDSBORO,NC 27534 ADDRESS: INSURER($)AFFORDING COVERAGE NAICN INSURER A:ATLANTIC CASUALTY INSURANCE OMPANY INSURED GONZALEZ PAINTERS&CONTRACTORS INC INSURER B 4301 BENNETT MEMORIAL ROAD INSURERC: DURHAM, NC 27705 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUM BER: THIS IS TO CERTIFY THAT THE POLICIES OF #NSURANCE 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 SU JECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BFIEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AD- UBR POLICY NUMBER PM DDIYYYY DY MMD YYY OLICY EFF POLICY EXP LTR LIMITS X COMMERCIAL GENERAL LIABILITY L001039496-3 03/17/2019 3/17/2020 EACH OCCURRENC $1,000,000 CLAIMS MADE IX-1 OCCUR PREMISES Ea orris encn $100,000 MED EXP(Any one rson) $5,000 A R-FISORAL&ADV 11 IJUIKY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREG TE $2,000.000 X POLICY❑�T ❑LOC PRODUCTS-COM OPAGG $1,000,000 OTHER •$ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT § _ Ea accident ANY AUTO BOCILY INJURY(Pe peracn) IS ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Ps accident) $ HIRED AUTOS NON-0WNED PROPERTYOAI $ AUTOS Per accident UM/UIM $ UMBRELLA LIAB OCCUR EACH OCCURREN $ EXCESS LIAR CLAIMS-MADE AGGREGATE § DIED RETENTION § WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY IN STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE Y E.L.FACH ACCiDE $ OFFIC£RIMEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA E VIPLOYEE $ It yes,descrlbe under DESCRIPTION OF OPERATIONS below E.L-DISEASE-POL LIMIT § DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORU 101,Additional Remarks Schedule,maybe attached Ir more space Is required) PER POLICY CERTIFICATE HOLDER CANCELLATION ORANGE COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLIC ES BE CANCELLED BEFORE PO BOX 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HILLSBOROUGH,NC 27278 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD