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Home My WebLink About2013-221 AMS - Intellicom Inc for Magistrate Office Renovation $8,510 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$25,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 28th day of June, 2013 by and between Orange County,North Carolina (hereinafter the "Owner") party of the first part; and Intellicom, Inc. (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM Beginning and ending dates of contract: June 28, 2013 through August 31, 2013. The Project Commencement Date shall be June 28, 2013. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Eight Thousand Five Hundred and Ten Dollars ($8,510) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): as outlined in the attached proposal for the Magistrate's Office Renovation. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions,in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 4. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 5. RELATIONSHIP OF PARTIES Contractor is an independent Contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services Revised November 2011 1 under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 6. TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days'written notice to the Owner, and the Owner may terminate this agreement upon thirty (30) days' written notice to Contractor. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, all insurance as required in the Owner's risk management policy and shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. Such insurance shall name the Owner as Additional Insured under both General Liability and Auto Liability policies. S. INDEMNIFICATION Contractor agrees to defend, indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. It is the intent of this section to require Contractor to indemnify the Owner to the extent permitted under North Carolina law. 9. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments,to any other party without the prior written consent of the Owner. j 10. NON—APPROPRIATION Contractor acknowledges that Owner 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 Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner 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 Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Revised November 2011 2 Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 11.ENTIRE AGREEMENT 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 by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. 12. GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR By By VMJAAett-� Frank W."Clifton—, ager Intelllicom, Inc. 200 S. Cameron S Mark Vaughan P.O. Box 8181 2902 S.Miami Blvd., Ste, C Hillsborough,NC 27278 Durham,NC 27703 This instrument has been approved as to technical content. 2� Je)jPey T ompson,Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ej r Office of the Finance Officer This instrument has been approved as to legal form and sufficiency. Of e of the County Attorney Revised November 2011 3 s 2902 S. Miami Blvd., Ste. C In i com , Inc Durham, NC 27703 Office: 919,957.1949 communication specialists Fax: 919.957.8737 May 27, 2013 TO: Jeff Thompson Orange County RE: Magistrate Office Relocation Project Intellicom is pleased to furnish the following proposal: SCOPE OF WORK: Provide and install voice and data cabling to the existing magistrate office rack. Install an access control system for the door including a power supply, mag lock and pushbutton release. An exterior enclosed telephone and door buzzer is included for the front door. Total proposal: $8510.00 Thank you for the opportunity to submit this proposal. We look forward to working with you on this project. Providing all of your communication needs including.VOICE•DATA FIBER OPTICS PUBLIC ADDRESS SECURITY Visit us on the Web @ www.intellicomusaxorn ACC> 2/20/CERTIFICATE OF LIABILITY INSURANCE D/20/`DDn2013 YYY) 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 NAONTACT Laura Riggs CBIA, CISR First Citizens Insurance Services PHONE (919)833-9761 FAX No):(419)716-2226 AJC P O Box 29611 a DRIESS.laura.riggs @firstcitizens.com INSURERS AFFORDING COVERAGE NAIC# Raleigh NC 27626-0611 INSURERA:Sentinel Ins Co LTD 11000 INSURED INSURER B:HartfOrd Ins CO of Midwest 37978 Intellicom, Inc. INSURER C: 2 902 S Miami Blvd INSURER 0: Suite C INSURER E: Durham NC 27703 INSURER F: COVERAGES CERTIFICATE NUMBER:2013-2014 Master 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 SUER POLICY NUMBER POLIC/YEYYF't POLICY EXP LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO R NTE) 100 000 X COMMERCIAL GENERAL LIABILITY PREMISE a oc urr nce $, , A CLAIMS-MADE a OCCUR X 22SBABN5619 /1/2013 3/1/2014 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 3,000,000 X1 POLICY X PRO- LOC $ AUTOMOBILE LIABILITY EQ aBINED SINGLE LIMIT 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED X 2UECRB694$ /1/2013 /1/2014 BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accid n Uninsured motorist combined $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE _$ 5,000,000 EXCESS LIAR CLAIMS-MADE �2SBABN5619 /1/2013 /1/2014 AGGREGATE $ 5,000,000 QED I X I RETENTION$ $ B WORKERS COMPENSATION X X WC'1RY OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 2WBCC19368 /1/2013 /1/2014 (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 I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County Dept of Purcashing & Central Sery POB 8181 AUTHORIZED REPRESENTATIVE Hillsborough, NC 27278 P Edwards CISR, CBIA -4�fXAL!A_.>�- ACORD 25(2010105) O 1988-2010 ACORD CORPORATION. All rights reserved. INS025 i9niom)m Tha ARf Pn nnma nnei Inn^era rnnicfararl mnrlra^f Af 092n