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HomeMy WebLinkAbout2020-169-E AMS - Chapel Hill Moving SDC move DocuSign Envelope ID:93FD61C9-1256-4C33-8BEE-47D904031A28 nnos [Departmental Use Only] TITLE SKILLS MOVE FY 2020 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1st 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 Chapel Hill Moving Company, Inc (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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Moving items from Skills Develpoment Center at 501 West Franklin Street to Southern Human Services, Whitted Building and Surplus to Cedar Grove Community Center. The term of this agreement rendered shall be from 02/01/20 to 03/01/20. 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 I. Payment: 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 One Thousand Nine Hundred and Forty Nine Dollars, ($1949.00). 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 11/19 1 DocuSign Envelope ID:93FD61C9-1256-4C33-8BEE-47D904031A28 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 be designated here NA (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. 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 until 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 I IA 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.oran etync. og v/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 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. 147-86.81. 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. 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 Revised 11/19 2 DocuSign Envelope ID:93FD61C9-1256-4C33-8BEE-47D904031A28 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 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 punvmFu DocuSigned by: DocuSigned by: 2DD9CD6681844C5... 0B7F2544F3D8485... ...vt.......,...v....L.:ector 11L1G. 200 S. Cameron St. Ethan Smith, Owner P.O. Box 8181 Chapel Hill Moving Company,Inc Hillsborough,NC 27278 7401 Rex Rd. Suite 104, Chapel Hill Revised 11/19 3 DocuSign Envelope ID:93FD61C9-1256-4C33-8BEE-47D904031A28 Chapel Hill Moving Company, Inc. 7401 Rex Road, Ste. 104 S`� Chapel Hill, NC 27516 s b 919.929.6683 a i MOVING SERVICES INVOICE Date: 2/11/20 Invoice #: 0211208 Payment Due: Upon Receipt Move Date: 213120 Name: Orange County Skills Development Center f Description: Moving Items from Skills Center�> Southern Human Services Center Whitted Building and Surplus load to Cedar Grave Time/Rates: 213I20 Base Charge = $170 (3 movers) = $170.00 Hourly Rates = 3 hours 39 min @ $2701hr(5 movers) _ $986.00 4 hours 40 min @ $1701hr{3 movers} _ $793.00 TOTAL AMOUNT DUE = $1949.00 Thank You For Your Business! DocuSign Envelope ID:93FD61C9-1256-4C33-8BEE-47D904031A28 Allison Cooper MEEMOR From: Alan Dorman Sent: Thursday, February 20,2020 7:14 AM To: AMservice Subject: Pay Invoice Attachments: Chapel hill Moving_5kills to Souther 0211208_$1,949_signed.pdf Please pay the invoice using these account and percentages: 10400130- Building 20% 803000 Improvements ------ .-.. 10240330- Building 80% 803000 I Improvements There was no PO for this work or contract. Thanks, Alan Dorman Assistant Director,Asset Management Services Orange County Mobile:919-619-8859 1 DocuSign Envelope ID:93FD6lC9-1256-4C33-8BEE-47D90403lA28 r-HAPHIL-W MWITHl� w GERTIFI DATE OF LIABILITY iIN URAN E ;TE 419„ tHl6 CAWM1CATM IS MWED AS A t1ATNR OF INFORMATION ONLY AND CONFERS NO RP3+",LWON THE CURTE ATE.WX.PEA.THIS CERTIFICATE DOTS NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EX7ENO DR ALTER THE C'a r;Fjj%0k Area kY THE PpLir ffs BELO+11t. TH16 CEIITIF1CATE OF INSURANCE DOES NOT CONSTITUTE A 00flYWIXT OETWIMN THE 1:9"INQ IRSUREF4S),AUl HURIakP REPREMNTATIVE OR PROOMER,AND THE CERTIFICATE!1Ol0ER, IMPORTANT: II the c UApie holder Is en ONAL Ir451JRE4.Uw pdWV Ij s must here A0111 CNAL INSUAISO peovlrvnn or 6e andorawL 1T Suliwlo AT" 19 41r8i4M Wblrel 10 Lht wms and omdLllansel IheMiky,tMAIrl pallolan may rWultoan on"wivrit A sterGBIRFs<11 Dri Wit Csl Hyitt dam not cuMH Willa fi41hi Sw*me borer Im 31cu ad such rndoriammtfmk PRODUO l iwraip VW-WWI&A S M k4_ P .NaJ:��yQ� �i N 3w:smvel �'I�4e,N �bsOJ ,IItiVr rr100 1�in cam — - FI9IrPEFry9IAFx0A[NW".0VEFW*k "Mir 11a1j�"A.T#arrsGuard Insurance CompsFig Of A1nW1s lnt IPWIMo Iha~d:BIidg4{OkiCAskWty' Insurance 1�9JS_ CI-IIAPEL IiLL W VING COM 1nd1W1C 74G7 REX AD STE 10a 1pc&v"u CHAPEL MILL,NC 2PS19 11cPA:.Rs: r1f3LG R F: QWRAW2 _ COMPICATE HLpIANP. RfY19ION NUDIMF1= THIS 15 TD QEWnFY TFKT THg PQLKA, OF INSURANCE U6T333 BELOR HAVE k1riM MLIE11 TO THE iNSLOW KWED ABOVE FOR THE POLJCY PERIOD NOKI -MD. MOTvaTt GTMOWrG AM I=LIIHGMr=NT. TEMA OR CONWION OF AM CONTRACT OR OTHER DOClHIAEFF WTH RE:313QC7 TQ wHir,"THIS C$fTIF1CATE r1d4Y 81E MUEQ CR MAY Pr;RTAN THE ir*IIJR D BY TfE POWIE:�-, CESCIRWED hER€W4SSMECT143 ALLMETEM5 QC "Xb NO AND-cDFQ111bh15OW MJCH Xxidt&UMMS&iOMI M-%Y MVE INEE.14 RfMXED IrY PAID CLAIMS. r rFe pr 11ra3w�Nrtt --- - - — — H5LJG4'�131115l1M 4 sIY Fri 1[Y IJI�Ir6 A, X -CO UMC AFL tiENU Y11 LM = Fd OOOLPREWE I IDAr -- ws.rwaE 1C 1I WIS�a T9G JIPM3T�-M AFW t1l9 4nam PRE rc RENTEDy �wsea;E.:)� 11 _Y E U E,P I.,% PE FasOr�S rUy'Ih.Ul95'_ ,8 1,OOd.004 IQAwn,f"p�.TeIWTAIP_W: aPVP GENERA-AC-13PECIATE - .E i . 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