12 In I Harris Construction Company, LLC

12
In I Harris Construction Company, LLC
Harris Construction Company, LLC
Miranda Kammerlohr
1701 E. Atlantic Blvd, Suite 4
Pompano Beach, FL 33060
VP Administration
Phone: 1303-386-5968
Fax: 954.775.3763
Email: [email protected]
CONFIDENTIAL
Warehouse and Service Agreement
Contract*
Date: 11/14/13
Baymeadows Moving & Storage
Attn. Mike McCreary
6419 Phillips Hwy
Jacksonville, FL 32216
Good day, Mr. Mike McCreary,
Harris Construction Company, LLC. appoints the warehouseman (Agent), whose name is listed above,
as its service agent, and the Agent accepts the appointment subject to the terms and conditions set
forth herein including the attachments hereto, The scope of this Agreement is limited exclusively to
providing Harris Construction Company, LLC with warehousing, local delivery services and other
services as described below and on the attachments hereto (Services).
Project Service Details
Scope of Work
Project Type: Hotel Furniture Fixtures and Equipment (Commodities) Storage & Delivery in
the quantities, locations, specific service and time frames set forth on Attachment 1 hereto.
Warehousing:
1. Handling in of Harris Construction Company, LLC ' customers' Commodities to include
general inspection of Commodities.
2. Inventory all Commodities and place into storage.
3. Provide a complete inventory and POD,
4. Complete inventory required to be sent every 30 days of on hand goods in warehouse to
Harris Construction Company, LLC.
5. Fax or email receiving reports accompanied by packing slips and bill of lading within 24
hours of shipment receipt.
6. Fax or email delivery tickets within 24 hours of shipment delivery.
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7. Warehouse hours of Operation: M-F 8:00 am - 5:00 pm
1. Final Mile Delivery:
1. Tailgate delivery of Commodities to site as requested by Harris Construction Company, LLC,
Rates
All rates and charges that Agent may asses are set forth on Attachment 2 hereto.
Agent Agrees
1. To represent Harris Construction Company, LLC faithfully and diligently.
2. To comply fully with all instructions and procedures detailed above, and such other instructions,
procedures, standards, requirements, goals and policies applicable to the Agent's performance
of this Agreement.
3, To maintain the following insurance and to name Harris Construction Company, LLC as
Certificate Holder: warehouse legal liability of at least $1,000,000 per occurrence, commercial
general liability coverage of at least $1,000,000 per occurrence and workers' compensation
statutory limits with $500,000 employer's liability included,
4. To furnish Harris Construction Company, LLC services only upon written instructions from the
designated Harris Construction Company, LLC personnel identified in this Agreement or
addendum.
5. To forward receiving reports within 24 hours; to fax or electronically scan and email delivery
tickets within 24 hours; and provide carrier bills of lading, packing slips and all other related
documents for each shipment received in performance of the Agreement unless instructed
otherwise by Harris Construction Company, LLC in writing. If Harris Construction Company,
LLC is assessed any penalties or other costs by its customer or another supplier due to Agent's
failure to comply, Agent shall be responsible for such penalties and costs.
6, To notify Harris Construction Company, LLC within 24 hours of receiving damaged, short or
over Commodities.
7. To store all Commodities received in performance of this Agreement in such manner that Agent
is able to locate and to identify the whole or any such portion of such Cpmmtditles acid to make"
the same available for immediate delivery. All Commodities received for a specific project shall
be stored separate and apart from all Commodities received for any other projects covered by
other agreements.
8. To provide reasonable and necessary security arrangements to ensure the safe storage and
transportation of any and all Commodities in the performance of this Agreement.
9. Agent shall secure either written permission from Harris Construction Company, LLC or release
number in advance of each delivery.
10. To provide as a member of each work crew dispatched to a jobsite, a working supervisor who
shall be charged with responsibility for (a) contacting Harris Construction Company, LLC
immediately upon encountering any condition or circumstance which interferes with or impedes
the rendering of any service to be performed by the Agent pursuant to the Agreement; (b)
obtaining from the Customer's on site authorized agent an excluded inconvenience form for
each condition or circumstance which interferes or impedes the rendering of any service to be
performed by the Agent pursuant to this Agreement; (c) otherwise ensuring professional and
proper performance of services in accordance with Harris Construction Company, LLC
instructions and procedures included herein.
11. To assist Harris Construction Company, LLC, upon request, in the investigation and adjustment
of claims and collection of charges due Harris Construction Company, LLC. Such duties shall
Include, but not be limited to (a) enforcing on Harris Construction Company, LLC behalf any
lien on Commodities received in performance of this Agreement which the Agent may have in
operation of law and otherwise; (b) assisting Harris Construction Company, LLC in enforcing
any lien on Commodities received in performance of this Agreement which Harris Construction
Company, LLC may have by law and otherwise.
12. To invoice Harris Construction Company, LLC promptly for all authorized services at the rates
specified in this Agreement. All such invoices shall (a) be prepared in a legible manner; (b)
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accurately reflect all times, work hours, weights, and all other factors upon which the charges
are based; (c) bear project and applicable release numbers and be accompanied by required,
properly completed documentation including the documents specified in Section 5 above and
any other documents reasonably required by Harris Construction Company, LLC. Failure to so
invoice Harris Construction Company, LLC within sixty (60) days after services shall result in
non-payment for such services.
13. To warrant fully that (a) the Agent possesses the skills, knowledge, manpower, facilities,
equipment, equipment operating rights and vehicle(s) necessary for the performance of this
Agreement;(b) during the term of this Agreement Agent shall maintain all employer's liability
and workers' compensation insurance prescribed by applicable law and comprehensive general
liability insurance on an occurrence basis naming Harris Construction Company, LLC as an
additional insured with combined single limit coverage for personal and bodily Injury and
property damage of at least $1,000,000 for each occurrence; (c) the Agent has Inspected the
jobsite(s) covered by this Agreement and has fully informed Harris Construction Company, LLC
of any impediments or obstacles to the Agent's timely and orderly performance of this
Agreement.
14. To hold Harris Construction Company, LLC and its affiliates harmless from any charges or costs
or other liabilities not accepted by Harris Construction Company, LLC in this Agreement arising
from the Agent's unauthorized actions or services.
15. To comply with all lawful rules, regulations, ordinances, taxes and laws,
Harris Construction Company. LLC Aorees
1. To pay the Agent's valid and properly supported invoices within forty-five (45) days of receipt.
2. To provide the agent with instructions and project details as soon as reasonably practical.
3. Maximum liability limits on Agent liability for damages. Liability for negligence: The Agent
agrees to hold Harris Construction Company, LLC harmless to the extent of the actual value of
any commodity physically lost or damaged while in the Agent's care, custody and control.
Agent's liability for loss or damage to any Commodities resulting from any one - occurrence shall
not exceed $500 for any Commodities contained in one shipping container, nor more than
$5,000 for any one occurrence involving the loss or damage of Commodities contained within
more than one shipping container. Limits do not apply if loss or damage is caused by fire or
water. Harris Construction Company, LLC agrees to hold the Agent harmless for loss or damage
proximately caused by acts of God, the public enemy, the acts of public authority, quarantine,
war, insurrection, strikes, labor disputes, riots, earthquakes, deterioration by time, and
negligent acts or omissions of Harris Construction Company, LLC or its customer or their agent
representatives.
Liability for delay: The Agent shall be liable for any direct expense or consequential damage incurred
by Harris Construction Company, LLC or its customer as a result of the failure of the Agent to properly
and adequately perform the services in accordance with the job specifications including, but not limited
to, delay in delivery of Commodities to the jobsite at the time specified,
Both Parties Agree Thatz
1. The services provided by the Agent hereunder are personal in nature, and that none of the
rights herein granted to the Agent are transferable or assignable, either by operation of law or
otherwise.
2. This Agreement shall be effective upon execution by both parties or commencement of
Services, and shall continue in full force and effect indefinitely thereafter subject to the right
of either party to terminate this Agreement, with or without cause, upon sixty (60) days' written
notice to the other; provided that either party may terminate this Agreement immediately upon
written notice of breach to the other. The representations and obligations of the parties shall
survive the termination of this Agreement for any reason.
3. During and after the term of this Agreement, Agent shall indemnify, defend and hold Harris
Construction Company, LLC harmless from and against any and all criminal, civil, or
administrative claims, demands, fines, penalties, forfeitures, suits, loss, damage or liability and
attorney fees and other costs and expenses thereof, arising out of its performance of this
Agreement.
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All trade names, trademarks, service marks, symbols, insignias, logos, designs and other trade
identification, now and hereafter, owned or used by Harris Construction Company, LLC are
solely and exclusively the property of Harris Construction Company, LLC.
5. The failure of Harris Construction Company, LLC to enforce at any time any provisions of this
Agreement, or to exercise any option herein, or to require at any time performance by the
Agent of any provision hereof, shall In no way be construed as a waiver of such provision, nor
be construed to affect the validity of this contract, or the right of Harris Construction Company,
LLC thereafter to enforce each and every such provision.
6. If any provision of this Agreement is declared unlawful or unenforceable by judicial
determination or otherwise, the remaining provisions of this Agreement shall remain in full
force and effect.
7. It is expected that the job locations will be within the commercial zone of the community where
located and that the Agent's performance of services as provided herein will therefore be
exempt from state regulatory agency rate regulation. However, the parties recognize with
respect to this and other jobs, all or a portion of the transportation required by the customer
may be regulated. In such cases services may be performed by a properly certified carrier at
rates published In lawful tariffs established or filed under regulations of the governing
regulatory body.
4.
Please sign and return via email to Miranda Kammerlohr at mkammerlohorftharriscco•cpm; or mail
to:
Harris Construction Company, LLC
Miranda Kammerlohr, VP Administrator
1701 E. Atlantic Blvd, Suite 4
Pompano Beach, FL 33060
If Agent commences work prior to executing this Agreement then this Agreement will be
conclusively considered signed and accepted by such commencement of services.
Signed (Harrisy-
Signed (Agent)
Printed Name LORUE r-r_00t, C0 16,--1
Printed Name J e ``l
Title: CDPIZ PCT- 10
Title: Il&t / -A "
Date: t k ieD
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Date:
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Attachment 1
Hotel Furniture Fixtures and Equipment (Commodities) Storage & Delivery in the quantities,
locations, specific service and time frames
Property Address; Courtyard by Marriott Jacksonville Flagler Center
14402 Old St. Augustine Road
Jacksonville, FL 33258
Please e-mail all Invoices to
[email protected]
Invoice Address:
Harris Construction Company, LLC
1701 E. Atlantic Blvd, Suite 4
Pompano Beach, FL 33060
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Attachment 2
Warehouse Rates
CWT Rates
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Rate includes floor loaded items to be received.
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Storage
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Carper Rates p/Roll
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Carpet Pad Rates p/Roll
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Pallet Rates
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Hourly Rates Regular
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Hourly Rates Overtime
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Valuation
Rate p/$1,000.00
*Storage will be pro-rated based on the following:
1. Storage cycle starts on first date received.
2. Product stored for 15 days or less storage is to be prorated.
3. Tailgate delivery - warehouse is responsible to get the product to end of truck.
Agent Initials
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