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HomeMy WebLinkAbout2017-360-E AMS - Cameron & Cameron Assembly, Moving & Storage to remove flood items from BOE building DocuSign Envelope ID: E095E6A8-9DC2-4D20-9BED-D87C646E307A [Departmental Use Only] TITLE Furniture Move BOE FY 2017/18 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 8th day of August, 2017, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"), party 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: Clean out all old furniture, fixtures and misc. items from the basement of the Orange County Board of Elections building and dispose due to flooding which has damaged all furniture and fixtures. The term of this agreement rendered shall be from August 8,2017 to August 31, 2017. 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 One Thousand Five Hundred Dollars, ($1,500.00). 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 Revised 2/17 1 DocuSign Envelope ID: E095E6A8-9DC2-4D20-9BED-D87C646E307A 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 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 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 consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A 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: 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 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.orangecountync.gov/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 affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 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 Revised 2/17 2 DocuSign Envelope ID: E095E6A8-9DC2-4D20-9BED-D87C646E307A 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 2/17 3 DocuSign Envelope ID: E095E6A8-9DC2-4D20-9BED-D87C646E307A IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER oosyea y: uosgea vv: By boV,L&t. w�wsLt 8/3/2017 By:� � uow Sr. 7/28/2017 ' County Manager Title: CEO 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 2/17 4 DocuSign Envelope ID: E095E6A8-9DC2-4D20-9BED-D87C646E307A ORANGE COUNTY-DEPARTMENT USE ONLY Department Party/Vendor Name: Cameron & Cameron Assembly, Moving & Storage Party/Vendor Contact Person: Bennie Cameron(Bennie @camcammoving.com) Contact Phone: 919-530-1202 Party/Vendor Address: 1818 Avondale Drive, Ste 18 City Durham State: NC Zip: 27701 Department: AMS Amount: $1500.00 Purpose: Remove all flood damaged furniture and fixtures from the basement of the Board of Elections building and dispose. Budget Code(s): 61370035-880000-10008 Vendor # 35179 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No Contract Type: (Check one)New ® Renewal ❑ Amendment ❑ Effective Date 8/8/17 Approved by Board Yes ❑No Agenda Date: This agreement is approved as to technical form and content: �—oo<s�gea oy: Department Director's Signature 2 m w Date: 8/1/2017 Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of insurance standards, specifications,and requirements: oo<s�gea ey: Qlisa(01W-to 8/2/2017 Office of the Risk Management Office Date: Financial Services —.e This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: �—oo<s�gea ey: Office of the Chief Financial Officer el" Date: 8/2/2017 Legal Services This agreement is approved as to legal form and sufficiency: �—oo<s�gea ey: ,)66.rok.nts 8/3/2017 Office of the County Attorney---ea„ Date: Clerk to the Board Received for record retention: All Docusign contracts must be copied to Donna Lloyd upon completion @ Dolloyd@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 2/17 5 DocuSign Envelope ID: E095E6A8-9DC2-4D20-9BED-D87C646E307A Revised 2/17 6 DocuSign Envelope ID: E095E6A8-9DC2-4D20-9BED-D87C646E307A CA E R0111 camemmn & CamemmnAssemmbUy, & Invoice ~e 1O18 Avondale Drive, Suite 18 nomunitn'm1111111'noku""n1111111111 ulhou Durhmm. NC27701 mov/wc`^sssnoo`sroRAGE Phone It (919) 530-1202 bennieqcmmcmmmovingcom Date linvoiice Fmx# (919) 530-1207 www.cmmeron|ogio1icocom 6/29/2017 8499 03000 To Orange County Orange County P.O. BOX 8181 ihiillsborough,INC 27278 �00. Nmmmlber Terms Project Quantity Item Code Desnhibtinn PdneEanh Arnnmnt Direct Labor 6/29/17 Clean out all old furniture/fixtures and misc. 1.500.00 1.500.00 items from tIe basement of tIe E3crd of Election building and disposal it in the landfill. thanks for allowing CamCam moving to serve you. $1,500.00 Totall DocuSign Envelope ID: E095E6A8-9DC2-4D20-9BED-D87C646E307A CAME&CA-01 MCOLSON ACORL7` CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 01/10/2017 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 have ADDITIONAL INSURED provisions 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Michael Colson MBA,AAI,AIS,CBIA NAME: First Citizens Insurance Services (A//CC,NIJ,Ext):(336)4124295 (A/C,No):(336)420-7705 4300 Six Forks Road E-MAIL PO Box 29611 ADDRSS:michael.colson@firstcitizens.com Raleigh,NC 27676-0611 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Evanston Insurance Company 35378 INSURED INSURER B:Integon National Insurance Co 29742 Cameron&Cameron Assembly Moving and Storage Inc. INSURER C:Scottsdale Insuarance Company 41297 1418 Avondale Dr. Suite 18 INSURER D:Carolina Casualty Insurance Company Durham,NC 27701 INSURER E: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DDIYYYYI (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 3AA107887 01/17/2017 01/17/2018 DAMAGETORENTED 100,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY" COMBINED SINGLE LIMIT 1,000'000 (Ea accident) ANY AUTO 2002957509 12/23/2016 12/23/2017 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY(Per accident) $ X AUTOS ONLY X AUUTOS ONLY (ROPERTY DAMAGE (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE XBS0066521 01/17/2017 01/17/2018 AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 $ D WORKERS COMPENSATION X PER 0TH AND EMPLOYERS'LIABILITY BNUWC0132768 08/30/2016 08/30/2017 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/YN N/A E,L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500'000 If yes,describe under - 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Renurks 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 9 ty ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 8181 Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD