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HomeMy WebLinkAbout2014-258 AMS - Intellicom for surveillance system at Orange County parking deck $19,926 r 4!yl S NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 23rd day of May, 2014 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 9, 2014 through July 31, 2014. The Project Commencement Date shall be June 9, 2014. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Nineteen Thousand Nine Hundred Twenty-Six Dollars ($19,926) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): Install customer porvided PVC conduit,junction boxes, category six cabeling, and category six jacks to provide infrastructure for the video surveillance system st the Orange County parking deck. 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 Revised 9/13 1 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 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. This or any other written notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. 7. INSURANCE REQUIREMENTS Contractor 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://oranizecountync.goy/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 8. INDEMNIFICATION Contractor agrees to defend, indemnify, save and protect Owner and Owner's lender, if any, f 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 full 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. 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. r E Revised 9/13 2 I ti 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. I 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 Carolina 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, 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. 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] 1 i } I 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. ORANG CONTRACTOR ' By By Co&i M na er Intellicom, Inc. 200 S. Cameron St. 2902 S. Miami Blvd, Ste. C P.O. Box 8181 Durham,NC 27703 Hillsborough,NC 27278 919-957-1949 This ins ent has been approved as to technical content. Jeffrey Vhothps-on,lbepartment Director 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 n approved as to legal form and sufficiency. f Office ZkKthe County Attorney i i i { Revised 9/13 4 ti In • L(! 1 Com Inc. D2902 S. ami urrh mNC 276703 Ste, C Office: 919.957.1949 communication specialists Fax: 919.957,8737 May 16, 2014 TO: Wayne Fenton Orange County RE: Parking Deck Video Surveillance Intellicom is pleased to furnish the following proposal: SCOPE OF WORK: i Install customer provided PVC conduit, junction boxes, category six cabling, and category six jacks to provide infrastructure for the video surveillance system at the Orange County parking deck. Total proposal: $19,926.00 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 ns on the Web©www.intellicomusa.com In tellicom, Inc, Parking deck Bid Total: 19,926 Materials Profit Materials Cost: $1,449 $257 Mark-up: 145 Materials+ Mark-up: $1,594 estimated tax $112 Avg Points Total Materials Bid: $1,706 8% Labor Profit Labor Cost: $18,220 $0 Markup: $0 Avg Points Total Labor Bid: $18,220 0% Total Profit $257 Number of outlet locations: 1 Total Avg Points Average price per outlet: $19,926.20 1% PRINTED Confidential! Internal Use Only 05/19/14 I i '4�°RO® CERTIFICATE OF LIABILITY INSURANCE 2/28/2014' 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 pol(cy(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 Cor1T c Janet Davis CISR CRIS AAI N E: First Citizens Insurance Services PHONE (919)833-9761 FAC, (919)716-2226 P O Box 29611 aoAlES janet.davis @firstcitizene.com R INSURER(S)AFFORDING COVERAGE NAIC Y Raleigh NC 27 62 6-0 611 INSURERA:Sentinel Ins Co LTD 11000 INSURED INSURERB:Trumbull Ins Co 27120 'r Intellicom, Inc. INSURER C: 2902 S Miami Blvd INSURERD: Suite C INSURERE: Durham NC 27703 INSURER F: COVERAGES CERTIFICATE NUMBER:2014-2015 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, i EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDU CED BY PAID CLAIMS. E INTR TYPE OF INSURANCE ADDLISUBRI POLICY EFF POLICY EXP POLICY NUMBER IDD MMIDO LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I X COMMERCIAL GENERAL LIABILITY DEREMISES AMAGE TO RENTED 8 1,000,000 s Cal A CLAIMS-MADE ❑X OCCUR 2SBABN5619 /1/2014 /1/2015 MEDEXP(An one person) S 10,000 f PERSONAL 8 ADV INJURY $ 1,000,000 r GENERAL AGGREGATE S 2,000,000 GENI AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGO S 2,000,000 X POLICY LOC PR0. $ AUTOMOBILE LIABILITY Ea COMBINED accident) L LIMIT 11000,000 A X ANY AUTO BODILY INJURY(Per person) $ AUTOSWNED 2UECRB6948 /1/2014 /1/2015 BODILYINJURY(Peraccident) S HIRED AUTOS HSCHEDULED AUTOS OVVNED War a DAMAGE _ Uninsured motodstcombined S 1,000,000 X UMBRELLA LU1B OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB x CLAIMS-MADE AGGREGATE $ 5,000,000 DED I X I RETENTION$ 10,00C I LSBABIN5619 /1/2014 /1/2015 $ B WORKERS COMPENSATION I WC TATU- I JOTH_ AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? NIA (Mandatory in NH) 21,BCCI9389 /1/2014 /1/2015 E.L.DISEASE-EA EMPLOYE $ 1 000 000 If es,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 000 000 x DESCRIPTION OF OPERATIONS I LOCATIONS/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 P.O. Box 8181 I Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE (k J Davis CISR CRIS AAI ACORD 25(2010/05) ©1988-2010ACORD CORPORATION. All rights reserved. INS025 r7nion51 ni Tho Ar`r)Rrl nnmo nnri Innn area ronictororl marlrc of annpn