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HomeMy WebLinkAbout2020-158-E AMS - Gonzalez Courthouse painting DocuSign Envelope ID: F202BA43-FFBB-479D-A3DC-3F53200045DB ppos [Departmental Use Only] TITLE Hist.Court Int.Paint FY 2020 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA TICS AGREEMENT,made and entered into this 5th day of February, 2020, ("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; W;ITNESSETH: 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: Interior painting of the Historic Court House. Court room painting, repair cracks on walls (left and right side of room), scrape peeling paint and prime with oil base, skim coat mud on peeled areas, paint walls corner to corner (only 2 walls). Spot primer and touch up paint at water leak areas on ceiling. The term of this agreement rendered shall be from 02/05/2020 to 04/05/2020. 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. Pae: The County agrees, to pay at the rates specified for Services satisfactorily (as determined by the County)performed in accord with this Agreement. The amount to be paid by the County shall not exceed Twenty Three Hundred Dollars,($2300.00). 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. Revised 1019 1 DocuSign Envelope ID: F202BA43-FFBB-479D-A3DC-3F53200045DB 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 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. h }. If County's Risk is Manager determines additional insurance coverage is required such additional insurance shall be designated here NA (if no additional insurance required mark NIA as being not applicable). Provider shall not j commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemni : To the extent authorized by North Carolina law 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. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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 uxitil 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 11 A 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.orangecoppiync.gov/departi,nentq/purcliasiiig division/contracts. h .). 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. 1474UL 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. Revised 11/19 2 DocuSign Envelope ID: F202BA43-FFBB-479D-A3DC-3F53200045DB 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. 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 i. 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 COUNTY PROVIDER UocuSigned by: UocuSigned by: 6681844C5... MUM 1C42F... 200 S. Cameron St. Hector Javier Rivera,Representative P.O. Box 8181 Gonzalez Painters&Contractors Inc Hillsborough,NC 27278 4301 Bennett Memorial Road,Durham,NC Revised 11/19 3 DocuSign Envelope ID: F202BA43-FFBB-479D-A3DC-3F53200045DB Gonzalez Painters&Contractors Inc Estimate 0006N ` 1 4301 Bennett Memorial Road 02/05/2020 ' Durham,NC 27705 00nZ LtZ Phone:919-477-E058 a�nrcr��Canlrc��ra�.ir•7c Company Representative Hector Javier Rivera Phone:(919)702-5510 javier@fgpaintirig.com Eddie Hutter Joky:2018-13473:Eddie Hutter Orange County NC 106 East Margaret Lane Hillsborough,NC 27278(919)442-7905 ! 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-fixtureskurtains) *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 floorifurniture scratches,existing paint on fixtures). d)At completion of Job,GPC will remove all job-related debris,materials and tools to leave the work area in broom-clean condition. e)GPC is using high quality paint f)GPC will use Sherwin Williams or Benjamin Moare products,unless another product Is required at description of the jab. The Interior Paint scope is for the following areas: i Price i. Interior Paint $2,300.00 Historic court house. Court room. Repair cracks walls on left and right side of the room. Scrape peeling paint and prime with oil base. Skim coat mud on peeled areas. Paint walls corner to corner(only 2 walis) Note. Need to cover with drop cloths and plastic on floor on work areas. Apply latex primer on patches before paint. Ceiling. Spot primer and couch up paint at water leak area. $2,300.00 TOTAL $2,300.00 p0a0 DocuSign Envelope ID: F202BA43-FFBB-479D-A3DC-3F53200045DB TERMS:Gonzalez Painters and Contractors,Inc.to be referred as'GPC',The Customer to be referred as`You', #NSURANCE:GPC has Liability Insurance&Worker's Compensation and it is available upon your request. LIMITED WARRANTY;GPC guarantees that all work executed under this contract wilf be free of defects in materials and workmanship for one year from the date of final acceptance,all defects occurring within that period shall be repaired or replaced at no cost to the customer. This warranty excludes,and in ne event GPC will be responsible for,consequential or incidental damages caused by accident or abuse,temperature changes,settlement,or moisture-including cracks caused by expansion andlor contraction. For Roof Replacement,the warranty is provided in the Roof Section of this estimate. WORK STANDARD:All work is to be completed in a manner according to standard practices.GPC will remain on jab premises until completion of project.Work site will be cleaned daily and upon project completion.All agreements may be delayed or suspended temporarily upon u nforeseea bi a andlor force majeure events, CHANGE ORDERS:This estimate is a proposal and your acceptance is subject to GPC approval in order to make this contract biding. Changes(including additional work)to this estimate must be approved by GPC with a riew estimate.GPC workers are instructed not to undertake additional work without authorization.Start Date is to be agreed verbally or through e-mail.Change of Start Date may require additional charge. COST:GPC will provide"Materials and Labor"(unless otherwise specified,for example"Labor Only"). PAYMENT:Acceptable forms of payment are cash,check,money order,or credit card.The total on this Estimate is due on the last day of the jab.Partial Payments will be requested when the job lasts longer than two weeks. ACCEPTANCE OF ESTIMATE:Customer to indicate acceptance of this estimate by signing below-within 30 days of the date of the estimate.GPC must have a signed estimate to secure a Start Date for the job. Company Authorized Signature Date Customer Signature Date Customer Signature Date DocuSign Envelope ID: F202BA43-FFBB-479D-A3DC-3F53200045DB ACCORD® CERTIFICATE OF LIABILITY INSURANCE DATE{MMriaDYYVY) `� 08/21/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERriFiCATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED B Y 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(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 endorsement. A statement on this certificate does not confer ri hts to the certificate holder in lieu of such endorsements . PRODUCER CONTACT NAME: AROUND THE CORNER INS PHONE FAX 4 31 BROAD ST A/C,No,Ext: AIC, o E-MAIL ADDRESS: DURHAM NC 27705 6-7 HB INSURER(S)AFFORDING COVERAGE NAIL# INSURERA:TRAVELERS PROPERTY CASUALTY COMPANf OF AYERICA INSURED INSURER 6: GCNZALEZ PAINTERS AND INSURERC CONTRACTORS INC 4301 BENNETT MEMORIAL RD INSURERD: DURHAM NC 27705 INSURERS 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 NA AED 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. LIMIT SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSA ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICYNUMBER MMIDDIYYYY MMIDDlYYYYPDAMAGE LIMITS COMMERCIAL GENERAL LIABILITY RENCE $ RENTED CLAIMS-MADE ❑OCCUR a occurrence S one arson $ ADVINJURY GEN`RLEAGpGREGATE LIMIT APPU ES PER: GENERAL $ PO�ICo PROJECT LOG PRODUCTS COMPIOP AGG $ AUTOMOBILE LIABILITY COMBINED 8 INGLE LIMIT Ea accident $ ANY AUTO BODILY INJU Y Per erson $ OWNEOAUTO$ SCHEDULED BODILYINJU Y Feraccident $ ONLY AUTOS PROPERTY AMAGE HIRED AUTOS NON-OWNED Per accident $ ONLY AUTOS ONLY 5 UMBRELLA LIAB OCCUR EACH OCCU kRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION PER OTH- A AND EMPLOYERS'LIABILITY (15 UB-9F56581-2-19) 03-18-19 03-18-20 X STq 'TE ER ANY PROPRIETORIPARTNERIEXECJTIVE OFFICERIMEMBER EXCLUDED7 YIN E.L.EACH A CIDENT $ 1 r 0 fl 0,00 0 (Mandatory in NH) Y NIA N E.L.DISEAS —EA EMPLOYEE$ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below 1E.L.OISEAS -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES(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 EXPIRATtON 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.09-1 S) DocuSign Envelope ID: F202BA43-FFBB-479D-A3DC-3F53200045DB 1 0 DATE(MMIODIYYYY) ACC]R" CERTIFICATE OF LIABILITY INSURANCE ��- 08/22/2019 BMR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER FIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFOI DIED 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 terns 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 STRICKLAND INSURANCE BROKERS INC NAME: 400 COMMERCE COURT uC No Ext: 919 286-9500 IC Ne; 919 286 9501 Jz EMAIL GOLDSBORO,NC 27534 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC A INSURER A:ATLANTIC CASUALTY INSURANCE OMPANY INSURED GONZALEZ PAINTERS 8 CONTRACTORS INC INSURER B 4301 BENNETT MEMORIAL ROAD W INSURER C DURHAM, NC 27705 INSURER D: INSURER E INSU RER 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 REQUIRLMLNT,TERM OR CONDRION 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 ADOL UBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER h1 M1DD1YYYY MMlDD1YYYY X COMMERCIAL GENERALLIASILITY L001039496-3 03/17/2019 3/17/2020 EACHOCCURRENc $1,000,000 CLAIMS-MAOF OCCUR PREMISES Eaoem ence $100,000 MED EXP(Any one rson) $5,000 A PERSONAL&ADV 11 JURY $1,000.000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREG TE $2,000.000 X POLICY❑ JPERT LOC PRODUCTS-COM OPAGG $1,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE IMIT S Ea accident ANY AUTO BOOILYINJURY(Pe person) § ALL OWNED SCHEDULED BODILY INJURY Pe accident § AUTOS AUTOS ( ) HIRED AUTOS NON-OWNED PROPER OAMAG $ AUTOS Peraccident UM/UIM $ UMBRELLA LIAB OCCUR EACH OCCURRENC E $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DEB RETENTION $ WORKERS COMPENSATION PER .OTH- ANDEMPLOYERS'LIABILITY YINI STATUTE JER ANY PROPRIETORIPARTNERIEXECU nVE ❑ E.L.EACH ACCIDE $ OFFICEWIVE IBER EXCLUDED? NIA (Mandatary in NH) E.L-DISEASE-EA PLOYS $ I€yyes,desalbe under OESCRIPTION OF OPERATIONS below E.L.DISEASE-POL LIMIT § DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) PER POLICY CERTIFICATE HOLDER CANCELLATION ORANGE COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POILIC 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 c0 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD