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Home My WebLink About2014-517 AMS - Cruz Concrete Experts LLC for labor to install basketball court at RENA Community Center $2,000 DocuSign Envelope ID:460EC398-6CEE-4CAF-831A-1D646823727C [Departmental Use Only] TITLE RENA-Basketball Court FY 2015 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1St day of October, 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 Conrete 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 a concrete Basketball Court at RENA Community Center,not to exceed$2,000 per attached proposal dated September 25, 2014. The term of this agreement rendered shall be from October 1 to October 31,2014. 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 two thousand dollars, ($2,000). 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 I Revised 7/14 1 DocuSign Envelope ID:460EC398-6CEE-4CAF-831A-1D646823727C Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://oran ems. nc. ov/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. Indemni : 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 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 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priori 1y: 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. Governing 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] i I Revised 7/14 2 DocuSign Envelope ID:460EC398-6CEE-4CAF-831A-1D646823727C IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER D-usig—d hy: v By. 156WAA { OAML.vsf" By: C 08379049755E477... ` O.Uay Iwanager 200 S. Cameron St. Cruz Concrete Experts LLC P.O.Box 8181 800 Linens Street Hillsborough,NC 27278 Graham,NC 27253 l s i t I I Revised 7/14 3 DocuSign Envelope ID:460EC398-6CEE-4CAF-831A-1D646823727C CRUZ CONCRETE EXPERTS LLC. 800 Linens Street Graham NC 27253 9/25/14 Proposal Dear: Paul Sorell 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 $ 2,000 Itemized charges are shown below: Basketball court 27 yds of concrete. Labor only,concrete is not included Thank you for choosing Cruz Concrete Experts LLC.We hope to work with you again in the future. Sincerely, Demetrio Cruz Owner i i I I DocuSign Envelope ID:460EC398-6CEE-4CAF-831A-1D646823727C Ac°® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) L--� 09/16/2014 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 :LOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate 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 the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME; Compare Insurance Agency LLC PHON E (919) 863-0150 Fax A/C No l:(919) 063-0156 6531 Cl_eedmoor Rd Suite 206 E oalLS .iliana @compareins.org INSURERS AFFORDING COVERAGE NAIC# Raleigh NC 27613- INSURER A-Harf ord Mutual Insurance 14141 INSURED Cruz Concrete Experts LLC INSURERS., 800 Linens St INSURER C; INSURER 0: INSURER E 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 REDUCED BY PAID CLAIMS. INSR ADDLSUBR POLICY EFF. POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/Y YYYJ (MMIDONYYYJ LIMITS A GENERALLIABILITY 9110413 0/04/2013 0/04/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTE15- ImMMERCIAL GENERAL LIABILITY / / / J PREMISES Ea occurrence $ 100,000 CLAIMS-MADE Fx-1 OCCUR / / / / MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: / / / / PRODUCTS-COMP/OPAGG $ 2,000;000 POLICY rx-1 PRO LOC J / / / $ / J / / MBINED SINGLE LIMIT AUTOMOBILE LIABILITY Co accident ANY AUTO / / / / BODILY INJURY(Per person) $ ALL OWNED SCHEDULED / / / / BODILY INJURY(Per accident) $ AUTOS NON-OWNED / J / / PROP $ HIRED AUTOS AUTOS Per..E DAMAGE ident UMBRELLA LIAB HOCCUR J / / J EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE / / / / AGGREGATE S DED I I RETENTION$ / / / / S A WORKERS COMPENSATION 4020413 0/04/2013 0/04/2014 X WCSTATU- OTH- AND EMPLOYERS'LIABILITY Y/N �' ER ANY PROPRIETOR/PARTNER/EXECUTIVE / / / J E.L EACH ACCIDENT 1 $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.LDISEASE-EAEMPLOYE $ 1,000,000 If yes describe under DESCRIPTION OF OPERATIONS below J / / J E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) ATTN. TAMMY CERTIFICATE HOLDER CANCELLATION ( ) - (919) 644-3001 tcomar@orangecountync.gov SHOULD ANY OF THE ABOVE DESCRIBE POLI IES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, OTIC WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PRO ISIONS Orange County PO BOX 8181 AUTHO IZE RE SENTATIVE Hillsboro NC 27278- ACORD 25(2010/05) 8• 0 ACORD CORPORATION. All rights "reserved. INS026(201005).01 The ACORD name and logo are registered marks of ACORD �rjvvvt/ vvvt DocuSign Envelope ID:460EC398-6CEE-4CAF-831A-1D646823727C CERTIFICATE OF LIABILITY INSURANCE [:E)AT(3(MMIDDlYYYY) 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 POIICy(IOS)must be endorsed. If SUBROGATION IS WAIVED, subject to the.terms and conditions of tho policy,certain Policies may require an ondorsornont. A statomont on this certificate does not confer rights to the [01t.eiA ifie holder In Ilou of such endorsoment(s). DUCER mpare Insurance Agency LLC PHONE 31 Creadmoor Rd Suite 206 MAIL (919) 863-0150 N • X19) oc]-oiss .taiaha @comparaina.org jgh NC 2 7 613 INSURERS A FFORDING COVERAGE NAIC o RED CZ"tl. INHURPR A•Hm:rtord Mutual Inauranco Concrete Exp®rt LLC Linens St IN kdrx INSUR°R C I INSURER 0: h INSURER C; NC 27253- INSURSRF; 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, LTR TYPG OF INSURANCE LICY NUMDGR MMLI CFP u A GENERAL LIASILITT MM/ ry LIMITS 9110413 0/04/2013 0/04/2014 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE P MICR � � S 100,000 OCCUR / / MED EXP An ono roon S 10,000 PERSONAL&ADV INJURY s 1,000,000 GIINFRAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; / / PRODUCTS•COMNOP AGG S 2,000'2q POLICY X PRO- LOC AUTOMOEIUS LIABILITY d / C0m8IN -LIMI ANYAUTO ; n ALL OWNED SCHEDULGD / / / / BODILY INJURY(Par paroan) S AU AUTOS / / / / BODILY INJURY(Par aceldmt) S HIT AUTOS AUTO 1wNeD / / / / P r p AM s UMBRELLA LIAM OCCUR / / / / EXCESS UAD EACH OCCURRENCF. S CLAJMS-MADE / / / / AGGREGATE S GO RETCNTI N S / / / / A AND dMPS YERS'LIAIUr 020413 0 04 2013 10/04/2024 X I'ATU- H• S AND OMPLOYBRS'LJABI(J7Y ANY PROPRIETOR/PARTNFR/EXECUTIVGY/N , OFFICeR/MEMOCR EXCLUDCD? ❑ NIA E. EACH, (Mandatory 3 (Mandatory In NH) 1,000,000/ / / / Irg,dowdba under F L DISEASE•EA FMPLOYE S 1 000 000 DESCRIPTION OF OPERATIONS baloN CL.DISEASE-POLICY LIMIT S 1'.000,00 DESCRIPTION OF OPERATIONS/LOCATIONS/-CHIC LPS (Amch ACORD 101,Adainonai Rama 8ahaaulo,jr more a as 1 RTTN. TAt41Y Pa Is roQUlroe) 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 Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO HOX 6181 aAUTI40Rrzao C SENTATtvC Hillsboro WC 27276- ACORD 26(2010105) / INS025(201005),01 0198 •2010 ACORD CORP I All rights reserved. The ACORD namo and logo are registered mar of ACORD