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Home My WebLink About2014-492 AMS - Cruz Concrete Experts LLC to install sidewalks and A/C pads at RENA Community Center $3,000 a-t-� q-q�0/� R�15 [Departmental Use Only] TITLE RENA SIDEWALKS FY 2015 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 5th day of September, 2014, ("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 Cruz Concrete Experts LLC(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: labor to install 740 square foot sidewalk, 130 square foot Air Conditioning Pads, and 1005 square foot street sidewalk,per the attached July 31,2014 proposal. The term of this agreement rendered shall be from September 5,2014 to September 19,2014. 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 three thousand dollars, ($3,000). 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 Owner's Risk Manager as such insurance requirements are described in the Orange County Revised 7/14 1 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://orangecounWc.gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of n/a(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 Owner'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. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of _ g Y the parties or by the County upon written 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 IA 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 this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Govemin Law:aw: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. 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. 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 anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. [SIGNATURE PAGE TO FOLLOW] Revised 7/14 2 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By: By: /JGtt#it� � Z County Manager 200 S. Cameron St. Cruz Concrete Experts LLC P.O. Box 8181 800 Linens Street Hillsborough,NC 27278 Graham,NC 27253 Revised 7/14 3 CRUZ CONCRETE EXPERTS LLC. 800 Linens Street Graham NC 27253 „_;;;., Proposal Dear: Paul Sorrell This table summarizes your current estimate activity. Please review this information and let us know if you have any questions. Estimate Job Rena Community Center Estimate Amount $ Itemized charges are shown below. 740 sf.Side walk on site $1,100 labor $1,500 concrete 130 sf.A/C Pads $ 200 labor -�' $ 240 concrete 1005 sf.Street side walk $1,507 labor $3,000 concrete Thank you for choosing Cruz Concrete Experts LLC.We hope to work with you again in the future. Sincerely, F Demetrio Cruz 1.441- CERTIFICATE OF LIABILITY INSURANCE DA713(MMIDDIYYYY) (V/ 09/05/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THtS 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 tho certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of tho policy,certain policies may requiro an ondorsamont. A statomont on this certificate does not confer rights to the certificato holder In llou of such endorsoment(s). PRODUCER N Compare Insurance Agency LLC PMONE (919) 863-0150 6531 Creadmoor Rd Suite 206 'MAIL .miaha @compareina.erg INSURERS AFFORDING COVERAGE NAICU Raleigh NC 27613- INRURPRA;Hamford Mutual Inaura,nco 14141 INSURED Crut Conoreto Experts LLC IN kert n; 800 Linans St INSURER Ct INSURER D INSURER C c Graham NC 27253— 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 REDUCCO BY PAID CLAIMS, INSR TYPE OF INOURANCE LICY NUMOGR MMLI EPP MM(J !V LIMITS A UENERALL1AOILITY 9110413 0/04/2013 0/04/2014 EACH OCCURRENCE S 1,000,000 �{ COMMERCIAL GENERAL.LIABILITY / / / / PRQMISeS(Eawyrrno) S 100,000 CLAIMS-MADE Fx—1 OCCUR / / / MED E%P An ono rcon) $ 10,000 PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GCN'L AGGREGATE LIMIT APPLIES PER' / PRODUCTS•COMPIOY AGG S 2,000,000 POLICY FX7 PRO I LOC / / / S AUTOMOSIL-UADILITY / COMWNED SINGLE.LIMIT To i n ANY AUTO / / / / BODILY INJURY(Par peracn) S ALL OWNED SCHEDULED / / / / BODILY INJURY(Par oc ddant) S AUTOS AUTOS HIRED AUTOS AU7pS ED / / f / P r o AMA S UMBRELLA LIAM OCCUR / / rACH OCCURRENCE S EXCESS UAQ HCLAIMS-MADE / / � / AGGREGATE S EO RETENTI N S / / S A WORKERS COMPENSATION 4020413 167-3472-313 10/04/2014 X IATU- H• ANO tlMPLOYERS'LIADIUri YIN ANY PROPRIETORIPARTNFRrExEcu-nvG / / / / E.L EACH ACCIDENT S 1 000 000 OPFICPRrMEMDCR D(CLUD@0-7 ❑ NIA / / (Mandatory In NM) F L DISEASE.EA FMPLOYEE S 1,000,000 Irg.dosariba undor DESCRIPTION OF OPERATIONS bolow / / / E.L.DISEASE-POLICY LIMIT S 1 1 000 1 000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Ado'clanal Remarks Sehodule,If more apaaa Is roGulrod) ATTN. TAMMY CERTIFICATE HOLDER CANCELLATION ( ) - (919) 644-3001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS- Orango County PO BOX 8181 AUTNORIZCO REPRESENTATIVC Hillsboro KC 27276- / ACORD 26(2010105) ®198 •2010 ACORD CORE I All rights reserved. INS025(zoiow)m The ACORD name and logo are registered mar of ACORD