HomeMy WebLinkAbout2012-088 Child Support - Longent Instllation of equipment for cell phone coverage $18649~o ~ z- d £~8'~
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NORTH CAROLINA
SERVICES AGREEMENT UNDER $90,000.00
ORANGE COUNTY
This Services Agreement (herinafter "Agreement"), made and entered into this 6th day of
April, 2012, ("Effecfive Date") by and between Orange County, North Carolina a body politic
and corporate of the State of North Carolina (hereinafter, the "County") and Longent,
(hereinafter, the "Provider").
WITNESSETA:
That the Couz~ty and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect
to (insert type ofproject): The atfached proposal dated 3/14/2012
ii} By execteting this Agreement, the Provider represents and agxees that Provider is
qua.lified 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.
iii) Tirx~e is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Coznpensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provid.ed. The Provider shall provide the County with aIl services
requixed in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practace throughout the United States and in accordance
with applicable federal, state azzd local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
Revised July 2010
ii) 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 Counry.
iii) The Provider shall not, except as otherwise provided far ini this Agreemen~,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No pezmissioza for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. A,ny and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreernent, shall be considered employees ar
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers coxz~.pensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) Provider a,grees that Provider, its employees, agents and its subcontxactors, if any,
shall be required to comply with a11 federal, state and local antidiscrimination
laws, regulations and policies that relate to the performance of Provider's services
under this Agreement.
vi) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Providez represents tha# it and/or its
employees, agen#s and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and nat in a state of suspension or revocation.
3. Basic Services
a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided): See attached proposal for services to boost cell
sevice on the basement level of #he West Campus Office Building
4. Duration of Services
a. Term. The term of this Agreement shall be from 4/16/2Q12 to 4/30/2012.
b. Scheduling of Services.
i) Th.e Provider shall schedule and perform his activities in a timely manner.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate his efforts, including providing additional
resources and working overtime, as necessary, to pexform his services in
accordance with the approved project schedule at no additional cost to the
County.
iii} The Commencement Date for the Provider's Basic Services sha11 be 4/16/2012.
Revised July 2010
2
5. Compensation
a. Com ensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for a11 services under this Agreement
except for any authorized Reimbursable Expenses which are defined hexein. The
m~imum amount payable for Basic Services shall not exceed Eighteen thousand, six
hundred and forty-nine Dollars ($18,b49.70). Payment for Basic Services shall became
due and payable within thirry (30) days of Provider properly invoicing County. Payment
sha1l be subject to provisions of Section S(b).
b. Dis utes. In the event the amount stated on an invoice is disputed by the Couniy, the
County may withhold payment of alI or a portion of the annount stated on an invoice
until the parties resolve the dispute. Should Provider fail to perform its duties under the
terms of this Agreement, County may, withou# fault or penalty, witl~old any payment
associated with the work to be performed until such time as said work is campleted.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
b. Responsibilities of the County
a. Cooperatian and Coordination. The County has designated (Wayne Fenton} to act as
the County's representative with respect to the Project and shail have the authority to
render decisions within guidelines established by fihe County Manager and/or the County
Board of Cornmissioners and shall be available during workirig hours as often as may be
reasonably required to render decisions and to fixrnish information.
7. Insurance
a. General Requirements. The Provider shall purchase and maintain and shall cause each
of lus subcantractors to purchase and maiutain, during the period of performance of this
Agreement:
i) Worlcer's Com~pensation Tnsurance for protection from claims under workers' or
workmen's compensation acts;
ii) Comprehensive General Liability Lnsurance covering claims arising out of or
relating to bodily injury, including bodily injury, sickness, disease or death of any
of the Provider's employees or any other person and to real and personal property
including loss of use resulting thereof;
iii) Comprehensive Au#omobile Liability ~nsurance, including hixed and non-owned
vehicles, if any, covering personal injury or death, and property damage; and
iv) Professional Liability Insurazxce, covering personal injury, bodily injury and
property damage and claims arising out of or related to the performance under this
Agreement by the Provider or his agexzts, Providers and employees.
Revised July 2010
3
b. Insurance Rat~in~ The minimum insurance rating for any com~any msuruig the Provider
shall be Best's A~£ th~ Pro~rad~x c~aes not me~t the ~nsu~auC~ ~eq~rem~ts, the ~bu~t~'s
~isk 1V,~ana.ger must~ b~e c~~s~t~~pxxo~~o;fi~rxa~L~ang f.t~~ ~gr~~meiati~
c. Limits of Covera~e. Minirnum limits of insurance coverage shall be as follows:
INSURANCE DESCRIPTION MINIMUM REQUIRED C~VERAGE
• Woxker's Compensation Limits for Coverage A- Statutory State of N.C.
Coverage B - Employers Liability
$soa,000 each accident and policy limit and disease each
employee
• Commercial General Liabiliiy $1,000,000 Each Occurrence; $2,000,000 Aggregate.
• Automobile Liability Combined Single Limit $500,000
• Professional Liability
d. Additional Insured. All insurance policzes (with the exception of Worker's
Compensation and Professional Liability) required under this Agreement shall name the
County as an additional insured party. Evidence of such insurance sha11 be furnished to
the County, together with evidence that each policy provides the County with not less
than thirty (30) days prior written no#ice of any cancellation, non-renewal or reduction
of caverage.
8. Indemnity
a. Indernnitv. The Provider agrees to defend, indemnify and hoid harmless the County
from all loss, liability, claims or expense, including attorney's fees, arising out of or
related to the Project and arising frorn bodily injury including death or properry damage
to any person or persons caused in whole or in part by the negligence or misconduct of
the Pravider except to the extent same are caused by the negligence or willful
misconduct of the County. It is #he intent of this provision to require the Provider to
indemxufy the County to the fulles# extent pernutted under North Carolina law.
9. Amendments to the Agreement
a. Chan~es in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be rnade by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services xequired by the Amendment only after reeeiving a
fully executed Amendment from the County.
10. Termutation
Revised July 2010
a. Termination for Convenience of the Cauntv. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days' prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upan the County's
material bzeach of tlus Agreement; provided, the County has not taken a11 reasonable
actions ta remedy the breach. The Provider shall give the County seven (7} days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipa#ed to be incurred by the Couniy due to errors or omissions of
the Provider.
ii) Should this Agreement be tezminated, the Provider sha11 deliver #o the County
within seven (7} days, at no additional cost, a11 deliverables including any
electronic data or fles relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement sha11 not constitute a
waiver of any clai.m for damages by the Cotu~ry for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
l l.. Additional Provisions
a. Limitation and Assi ent. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Ageement. Neither the
County nor the Provider shall assign or tzansfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina.
Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the perforn'ance or non-perforxnance of, this
Agreement sha11 be brought in the General Cou.rt of Justice of North Carolina sitting in
Orange County, North Caralina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. The Parties may agree to
nonbinding mediation af any dispute prior #o the bringing of such suit or action.
d. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations,
representations or agreernents, either written or oral. This Agreement may be amended
only by written insfrument signed by both parties. Modifications may be evidenced by
facsimile signatuxes.
Revised July 2090
5
e. Severabilitv. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
f. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
g. 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. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
h. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County
Attention:
P.O. Box 8181
Hillsborough, NC 27278
Provider's Name
Longent LCC
7517 Precision Drive
Raleigh, NC 27617
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY:
By:
PROVIDER:
By:
L
Printed Name
Revised July 2010
6
This instrunc~ent has been approved as to technical content.
~partment Di~ector
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Contral Act.
~c~.,.~. ~J. J~'~
Qffice of the Finance Director
This ins ent has been approved as to form and legal sufficiency.
~
~
Office of the o Attorney
Revised July 2010
7
190181
~~ °~ CERTIFICATE OF LIABILITY INSURANCE DAT~/5I2O'I~)
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 Lisa Ishee
NAME:
Commercial Lines - 800-868-8834 PHONE . 704-557-2285 aC Na : 866-332-3051
Wells Fargo Insurance Services USA, Inc. nooR~ess: lisa.a.ishee@wellsfargo.com
6100 Fairview Road INSURER S AFFORDING COVERAGE NAIC #
Charlotte, NC 28210 ~NSURERA: Hartford Casualty Insurance Company 29424
INSURED iNSUReR e: Sentinel Insurance Company Ltd. 11000
Longent, LLC iNSUReR c: Hartford Undenvriters Insurance Company 30104
7517 Precision Drive, Suite 102 INSURER D:
~ Raleigh NC 27617 I INSURER F:
r.nvFRnr,FS f_FRTIRIrATF NIIMRCD• 4'IR'IR44 o~v~~~nu w~uoco. ..
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 PO~ICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR 7ypE OF INSURANCE ADDL SUBR
POLICY NUMBER POLICY EFF
MM/DDIYYYY POLICY EXP
MM/DD/YYYY
LIMITS
A GENERAL LIABILITY
22SBABG9302
~9~~2/~'~
09/02/12
EACH OCCURRENCE
$ 2,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED
PREMISES Ea occurrence 300,000
S
CLAIMS
MADE ~
-
OCCUR MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 2,000,000
GENERAL AGGREGATE $ 4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000
POLICY PRO- LOC $
B AUT OMOBILE LIABILITY 22UECB02450 12/6/2011 12/6/2012 COMBINED SINGLE LIMIT
Ea accident 1,000,000
ANY AUTO BODILY INJURY (Per person) $
ALL OWNED
AUTOS
x SCHEDULED
AUTOS BODILY INJURY Per accident
( ~ $
x x NON-OWNED PROPERTY DAMAGE
HIRED AUTOS
AUTOS
Per accident $
$
A X UMBRELLA LIAB X OCCUR 22SBABG9302 O9IOZI'I ~ O9IOZI'I Z EACH OCCURRENCE $ 5,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000
DED x RETENTION $ $
WORKERS COMPENSATION X WC STATU- OTH-
C ANDEMPIOYERS'LIABILITY 22WECNJ2286 9/Z/ZO'I'I JIZ/ZO'IZ
~,~N
ANY PROPRIETOR/PARTNER/EXECUTIVE
~
N ~ A E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT 1,000,000
$
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) .
(:tK I Irl(:A I t 1'1ULUtK (;AN(:tLLA 1 IUN
Orange County
PO Box 8181
Hillsborough, NC 27278
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEILED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE /~
y(rtA..~/~,~,~i~._
~
The ACORD name and logo are registered marks of ACORD OO 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05)
Longent
7577 Precision Drive Ste ~02, Raleigh, NC T7617 919.896.7298
Date: 3NM2072
Longent offers this quofation to the /ollowing Purehaser:
Purchaser. Orange County
Atldress:
131 Marqaret Street
Durham, NC 27705
Attn: David Cannell
Re: Covenne enhancement of Orsnae Countv
Ouotation No.: 01-12-616
Version # 4
Venion DaM: 3I1M2012
Engineer: Jeff St. Clair
Phone:
Fax:
located at 7a1 Mamwmr s~m.r in n~nnnm ur. ~nrr R ve.~.....~ r_.......w
ITEM MODEL NUMBER PRODUCT DESCRIPTION QTY UNIT PRICE EXTENDED PRICE
~ Axiom-25-P [Axiom-25J PCS modular repeater (80 dB gain, 20 d8m output power) 2 $2,524.50 S 5,049.00
Z Axiom-25-NMS [Aziom-25] Chassis, Network Management System, Power Supply Unit, Passive
Components, Cable Assembly, and Accessories for Axiom-25 1 54,653.00 S 4,653.00
3 Axiom-25-C [Aziom-25] Cellular modular repeater (80 dB gain, 15 dBm output power) 1 $2,524.50 S 2.524.50
4 L4TNM-PSA N Male Connector for 1/2" Andrew Plenum Coaz 8 517.70 $ 141.60
5 AL4RPV50
~ HELIAx° Plenum Rated Air Dielectric Coaxial Cable - Corrugated Aluminum - 1/2
in-OffWhitePVGacket 300 $1.76 S 528.00
6 Y42818A Multiband Yagi Antenna - 806-940 / 1710-2300MHz - BdBd / lOdBi Gain -
Connector N-type wi[h 12"pig[ail 1 5110.50 E 110.50
~ 1X63258-36 N-M to N-M, RG1428/U, 36", Plenum 9 $2515 S 226.35
8 488136 Weatherproofing Kit 1 $21.33 E 21.33
9 415105 Universal Ground Bar 1 $50.86 8 50.86
1U 489512 Non-Penetrating Rooftop Mast 1 $110.24 $ 11o.24
~~ 58776 N-M to N-M adaptor 2 $8.88 $ 77.76
1E 497530 N-FtoN-Madaptor-RightAngle 2 $10.36 $ Z~~~2
~3 14515 N Male Crimp Connector for LMR-400 Cable 4 $3.86 S 15.44
14 q72603 Mat Kit, 36"X36"%1/8" 2 $18.18 S 36.36
75 380348 LMR400-3/8" 200 $0.65 S 130.00
~6 67985 Grounding Kit, Coax, 60" for LMR 400 Z $17.16 $ 34.32
~~ 354405 Coax Ligh[ning Protector, 0-6 GHZ - N Female Connectors 2 519.56 S 39.12
~8 ~ 323511 2-way Micro-strip Power Splitter 700-D00 MHz - N Connector 2 $41.60 5 8320
19 L-ZDAq17002500d Tri-BandOmnidirectionalAntenna-3dBi 3 $33.60 S 100.80
ZO L-ZDA-003-680-6 DirectionalCoupler (1.Sd8/6dB)-700-2500MHz-NConnectors 1 584.00 $ 84.00
~1 L-ZDAGP1900-20-13 20 dBi Gain - 1850-1990 MHz - Gridded Sectional Parabolic Antenna 1 $145.00 S 145.00
EOUI PMENTTOTAL 51d,122.10
O 1 Fina/ S stem Desi n $ 600.00
t 2 Sysfem Commissioning/O imization $ 300.00
h 3 /nstallation
$
3,327.60
e 4 Pro~ect Mana ement $ 300.00
r 5 3 Year Maintenance, Extended Equipment Wananty, antl Monitaing Opt"ronal $6,174.42
Lon ent Services SuMotal 54 527.60
Tax TBD
Frei ht TBD
~ TOTAL Cost Bitl E18,649.70
STANDAF2D LEAD TIME 6 weeks ARO
SHIPPING TERMS Pre a and Adtl - Standartl FedEx Service
PAYMENT TERMS Net thirt 30 tla s from Date of Invoice
F.O.B. Ralei h, NC
WARRANTY 12 months hom date of com letion, labor onl
REMARKS puotation valid tor 30 da s from ~uotation Date
ASSUMPTIONS 7he quotation is basetl on the scope of work and drewinqs provided by the Customer.
Union laborwill not be requiretl.
Design assumes -85 dBm over 95% ot lhe area and time.
Design assumes Caniers are no more than 8CDMA/EVDO al BSOMHZ antl ifi PCS Carriers at 1900MHz.
Customer will coortlinate implementation approval from t~e Faciliry Owner.
Adequate Electical Service and Ground are available within 6' of the adive equipment locations.
All proposed cable paths are accessible via drop ceiling tiles, crawl space, or acces panels.
Riser Space between Hoors is available. Conng between floors is not required.
Dusttents are notrequiretl.
Bariery backup is not included in quote.
Asbestos monkoring/abatemenl are not requiretl nor includetl in lhe installation quotation
Horizontal fire wall penetrations are in place or permiried.
A mechanical lifi anC latltlers over 8' are nol required for this install.
Installation will be contluctetl during normal business hours.
Roof Penetretion will be completed by building owner pnor to start of installation.
Donor antenna will be installed on a non-penetreting sled mount on roof.
Cable length from rooftop donor antenna location to repeater is 100 feet or less.
Donor si nal is assumed to be -80 dBm or better on the roofto of the building /or LTE, Cellular, and PCS.
Respectlully submHted:
X.+.~«,t a<CC
CEO
a~~azo~z
Date
PROPRIF,TARY AND CONFIDF.NTIAL
Mey rot bc di.nnhad without wnnen crni.em of Lonpem I,LC