HomeMy WebLinkAbout2013-453 AMS-ProNet Systems Inc Relocate Card Access Door at West Campus Office Bldg $767.69 [Departmental Use Only]
TITLE ProNet
FY 2014
ORANGE COUNTY
NORTH CAROLINA CONTRACT UNDER$1,000.00
THIS AGREEMENT, made and entered into this 31 st day of October, 2013, ("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 ProNet Systems, 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: 131 W. Margaret Lane/, Hillsborough: Relocate the
card access door at the West Campus Office Building.
The term of this agreement rendered shall be from October 31, 2013 to November 30,2013.
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
performed in accord with this Agreement. The amount to be paid by the County shall not exceed $767.69,
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 Provider, 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
be required by Owner'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://oran eg co uniync.gov/purchasing/contracts.asp).
Last modified 9/13 1
If Owner's Risk Manager determines additional insurance coverage is required such additional insurance
shall be designated here (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 Owner's Risk Manager.
5. Indemni : 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 in carrying out Provider's duties and obligations related to the Services to be provided in
this Agreement.
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.
7. 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 in writing and signed by the parties. Modifications may be evidenced
by telefacsimile signature.
8. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the
State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this
Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in
Orange County,North Carolina.
9. E-Verify: Pursuant to the terms of North Carolina General Statute 153A-449(b) no county
may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply
with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable,
failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes
constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is
in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes.
10. Non Appro riation: 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.
[SIGNATURE PAGE TO FOLLOW]
Last modified 9/13 2
In the event that public funds are unavailable and not appropriated for the performance of
Owner's obligations under this Ag;cement, then this Agreement shall automatically expire
without penalty to Owner in.-Zediately 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
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. E-VERIFY
Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter
into a contract with a contractor unless the contractor and the contractor's subcontractors comply
with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where
applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the
General Statutes constitutes Contractor's breach of this Agreement. By executing this
Agreement Contractor affirms Contractor is in compliance with Article 2 of Chapter 64 of the
North Carolin< General Statutes.
12. ENTIRE AGREEMENT
The parties have read this Agreement and agree to be bound by all of its terms, and further
agree that it, together with specifically referenced documents, constit;...s the complete and
exclusive statement of the Agreemelr- hol re F=i the partiep :.'ess and until by a Witten
amendment to this Agreement signed by the parties. Modifications may be evidenced by
telefacsimile signatures. Should any conflict arise in the terms of any documents referenced
herein and this Agreement the terms of this Agreement shall be given priority and shall control
over all other such documents. Should a request for proposals and a proposal be referenced the
terms of the request for proposals shall have priority over the terms of the proposal.
13. COMPLIANCE WITH LAW/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. 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 anti-discrimination laws.
[SIGNATURE PAGE TO FOLLOW]
Revised 9/13 3
IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement,
effective as of the day and date first above written.
ORANGE COUNTY CONT C
By By
County ager ProNet Systems,Inc.
200 S ameron St. 3200 Glen Royal Road, ite 107
P Box 8181 Raleigh,NC 27617
Hillsborough,NC 27279 919-277-2070
This instrument has been approved as to technical content.
Jeffi-Wy Thompson,Department Dire.c..._
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Office of the Chief Financial Officer
This instrument ha been approved as to legal form and sufficiency.
AJ�Fice o the County Attorney
`r
Revised 9/13 4
SY,�S'i'EMS,IN� `Y
3200 GLEN ROYAL ROAD, SUITE 107, RALEIGH, NC 27617
www.r)ronetsystemsonline.com TELEPHONE 919.277.2070 FAX 919.277.2072
Q100313-A-Orange County-Door Relocal' (':,ml,as Ofr•.•e'nuildmg
October 3,2013
Mr.Paul Sorrell
Orange County
Asset Management Services
PO Box 8181
Hillsborough,NC 27278
Cc: Tammy Comar
a
i
Dear Mr. Sorrell,
RE: ORANGE COUNTY DOOR REL 117—k<<.-YN AT WEST( -'.',;PU_-'OFFICE E'lit.�.�,•.�.
With reference to your request for a proposal to relocate the card access door at the West Campus Building,
we have pleasure in offering the following proposal for your review. r
' I
Equipment Description
1
Quantity 11 Euent Descri3ttori Unit Price Total Price
Cable and Installation Materials 38.04
Total Including Cable and Materials 38.04 {
Add Estimated Shipping .91
Add 7.5%Sales Tax 2.92
------ Add Labor --------------------- -- 725.82
P
L
B
Total Price Including Labor,Sales Tax,and Shipping $767.69
Q!00313-A Orange Count):Door Relocii. ;Jp',s Office n• : •one SIM-, 1,. 11m.
Alp
Warranty
All products are covered for one year,parts and labor,from date of hand over. An extended maintenance
program is available. This includes parts and labor on all products for the second year after date of hand over.
Service Rates
Out of warranty ull out is charged at$75.1)0 per hour and$95.00 per hour out of hours(regular business
hours are 8.00 am to 5.00 pm,Monday to Friday). Response time is same day if service call is requested
before 10.00 am or if the system down due to failure.
All product is covered for one year,parts and labor,from date of hand over. A Service Contract for an
extended maintenance program is offered if required. This includes parts and labor on-"products for the
second year after date of hand over.
Service Contract
A maintenance program is offered below.
Full Maintenance $ -per year
Terms of Payment
Unless otherwise arranged,50%of payment is due upon receipt of the order,and 50%of payment is due
upon project completion. Interest will be charged at a rate of 1.5%per month on accounts 10 days past due.
Validity
These rates are valid for a period of thirty days from today's date.
We,trust that in submitting.this proposal we have addressed all your requiremen!s. Should you require further
clarification or additional infom-tion,please do not hesitate to contact us.
Sincerely,
Alan Jelley
ProNet Systems,Inc. 1
Accepted:
i
Signed .......................................................For and On Behalf of Orange County
......................... Print Name&Title
6
Date..........................................................
c;)
1003 1 3-A Oran!e Corm)'Door Re.localion 1 NIest C'1111piis Officc Building rroNc1 'S\-1ems. ine. 2.
® DATE(MMIDD/YYYY)
A� CERTIFICATE OF LIABILITY INSURANCE
07/17/2013
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((es) 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 CNgM A' Amy H.Paschal
Ken B Lawson Jr. .919-846-2090 ext 105 _FAX/C No:919-846-2438
dba Lawson Insurance Group EMAIL s aschaa nationwide.com
6512-101 Six Forks Rd. INSURER(S) AFFORDING COVERAGE NAIC#
Raleigh,NC 27615 INSURERA: Nationwide Mutual Insurance Company
INSURED INSURER B: EastGUARD Insurance Company
ProNet Systems,Inc INSURER C: Pro ressive Southeastern Ins Company
3200 Glen Royal Road INSURER D:
Suite 107 INSURERE:
Raleigh,NC 27617 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.
INS TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY OFF POU D EXP LIMITS
- . GENERAL LIABILITY ACP2252994383 0212212013 0212212014 EACH OCCURRENCE $1.000.000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY $100,000
CLAIMS-MADE �OCCUR MED EXP one on $5,000
X Contractual Liability PERSONAL&ADV INJURY $1,000,000
X I Contractors Enhancement GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000
POLICY X PRO LOC $
AUTOMOBILE LIABILITY 07864851-2 3/01/201303/01/2014 COMBINED SINGLEUMIT 1000000
C ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
X AUTOS AUTOS
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $AUTOS r
X UMBRELLA LIAO X OCCUR ACP2252994383 2/22/2013 02/22/2014 EACH OCCURRENCE s4,000,000
A RXEXCES S UAB CLAIMS-MADE AGGREGATE $4 000 000
ED I X I RETENTION SNone $
woRICERS coMPENSAnoN pRWC119466 4103/2013 04/03/2014 X WC 3Tim 'R
AND EMPLOYERS'LIABILITY
B ANY PROPRIETOR/PARTNER/EXECUTIVE a NIA A E.L.EACH ACCIDENT $500,000
OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $500,000
(Mandatory in NH)
if y�describe under E.L.DISEASE-POLICY LIMIT $500,000
DESCRIPTION OF OPERATIONS below
A Business Services Bond 7900388862 7/11/2013 07/11/2014 $50,000.Bond Limit
3rd Pa
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more apace is requlred)
Orange County is Included as additional insured where applicable per Contractors Enhancement Endorsement CG 72 88 attached.
Waiver of Subrogation applies and is noted on the attached CG 7288.
CERTIFICATE HOLDER CANCELLATION
Orange County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
P.O.BOX 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Hillsborough,NC 27278 ACCORDANCE WITH THE POLICY PROVISIONS.
ATTN: Tammy Comar AUTHORIZED REPRESENTA
E-Mail: tcomar@orangecountync.gov
E-Mail: a ronets stemsnc.com
>a 1 88-2010 CORD CORPORATION. All rights reserved.
�eC� �.�L ACORD name and logo are registerc ed marks of ACORD
ACORD 25(2010/05) r 1 ��� ✓