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HomeMy WebLinkAbout2016-236-E AMS - Cameron and Cameron Assembly, Moving and Storage for moving services at WHSC dental clinics DocuSign Envelope ID: 7AC381CB-4AC4-46B1-8BE7-56D9F7188FOA [Departmental Use Only] TITLE 300 W TRYON FURN MOVE FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 29th day of April, 2016, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"), parry of the first part; and Cameron & Cameron Assembly, Moving & Storage (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: provide man power and equipment to move furniture and fixtures at 300 W Tryon Street, Dental Clinic and offices, in preparation for flooring restoration, as described in provided estimate 4108, dated April 15, 2016. The term of this agreement rendered shall be from April 27, 2016 to May 31, 2016. 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 five hundred dollars, ($2,500). 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 1/16 1 DocuSign Envelope ID: 7AC381CB-4AC4-46B1-8BE7-56D9F7188FOA 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.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (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 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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement 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. County may suspend this Agreement upon reasonable 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. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement 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. 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. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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. Revised 1/16 2 DocuSign Envelope ID: 7AC381CB-4AC4-46B1-8BE7-56D9F7188FOA [SIGNATURE PAGE TO FOLLOW] Revised 1/16 3 DocuSign Envelope ID: 7AC381CB-4AC4-46B1-8BE7-56D9F7188FOA IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGt COUNTY PROVIDER ocuSigne by. DocuSigned by: By: i�av��g�gigc7 l�ga7��ws(c� By: tit sic, F. COUn y 1V1dIl�5�C7r Title 9D6014Q3FC2463... 200 S. Cameron St. Cameron& Cameron Assembly, Moving& Storage P.O. Box 8181 1818 Avondale Drive, Ste 18 Hillsborough,NC 27278 Durham,NC 27701 Revised 1/16 4 DocuSign Envelope ID: 7AC381CB-4AC4-46B1-8BE7-56D9F7188FOA CAMERON Cameron&Cameron Assembly,Moving&Storage 1818 Avondale Drive,Suite 18 Durham, NC 27701 MOVING•ASSEMBLY-STORAGE Phone# (919)530-1202 Fax# (919)530-1207 Date Estimate# bennie(@camcammovinq.com 4/15/2016 108 Name/Address Orange County Asset MGMT-Facilities 600 Highway 86 North Hillsborough,NC 27278 Attn: Freddy Brooks Project Description Qty Rate Total Cameron&Cameron Assembly,Moving&Storage can 2,500.00 2,500.00 provide man power and equipment to move furniture/fixtures from offices, labs,closets and lobby area for floor replacement.We will move offices in two stages to complete this project,all items will remain on site as floor repairs is be done.All content must be packed before move can take place,all file cabinets can be moved with contents in place. Scope of work. Dismantle 11 offices and move out. 2 break rooms Storage room. 4 Dental Labs Waiting area. After 90 days this estimate may be subject to an increase. Total $2,500.00 E-mail .� 15 1-7 DocuSign Envelope ID: 7AC381CB-4AC4-46B1-8BE7-56D9F7188FOA 714/26/2016 TE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 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 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 Michael Colson NAME: HOE First Citizens Insurance Services A/c NNo Ext: (919)833-9761 FAX No: (919)716-2226 P O Box 29611 E-MAIL ADDRESS:michael.colson @firstcitizens.com INSURER(S)AFFORDING COVERAGE NAIC# Raleigh NC 27626-0611 INSURERA:ESSex Insurance Company INSURED INSURER B National General Cameron & Cameron Assembly Moving and Storage Inc. INSURERC:Carolina Casualty Insurance CO 1418 Avondale Dr. INSURER D: Suite 18 INSURER E: Durham NC 27701 INSURER F: COVERAGES CERTIFICATE NUMBER:15-16 WC 16-17 GL 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 EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE � OCCUR PREM SESOEa olccurrDence $ 100,000 3DS8026 1/17/2016 1/17/2017 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 X POLICY❑ PRO [::] LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) 1,000,000 ANY AUTO BODILY INJURY(Per person) $ B ALL OWNED SCHEDULED AUTOS X AUTOS 2002957509 12/23/2015 12/23/2016 BODILY INJURY(Per accident) $ NON-OWNED Pera E-ZtDAMAGE HIRED AUTOS AUTOS Medical payments $ 5,000 UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 500,000 C OFFICER/MEMBER EXCLUDED? ❑Y (Mandatory in NH) BNUWC0132768 8/30/2015 8/30/2016 E.L.DISEASE-EA EMPLOYE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Whitted Furniture Move CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Michael Colson/MLC01 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025r9mdmi