The URL can be used to link to this page

Home My WebLink About2014-269 AMS - ProNet System Inc. to install cameras at Eno River parking deck $29,879.37 rr NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter"Agreement"), is made and entered into this 26th day of May, 2014 by and between Orange County,North Carolina(hereinafter the "Owner")party of the first part; and ProNet Systems,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 f Beginning and ending dates of contract: June 2,2014 through July 31,2014. The Project [ Commencement Date shall be June 2,2014. d F 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Twenty-Nine Thousand Eight Hundred Seventy-Nine Dollars and Thirty-Seven Cents($29,879.37) 3 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): Install cameras at the Eno River Parking Deck, Orange County. 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 t approval of the invoice by the contracting department. I 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. i 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. i 6. TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days'written notice to the t 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. r 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 hM://orangecogniync.gov/purchasing/contracts asp). If Owner's Risk Manager determines r 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, 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. I I 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. Revised 9/13 2 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 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 t 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] 4 E t Revised 9/13 3 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, i effective as of the day and date first above written. ORANGE O CON C By By_ Co ty na e ProNdlystems,Inc. 200 S. Cameron St. 3200 Glen Royal Road i P.O.Box 8181 Raleigh,NC 27617 s Hillsborough,NC 27278 919-277-2070 This instrument has been approved as to technical content. E E Jeffrey T to son,— e� partment Director s 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 has be n ag ved as to legal form and sufficiency. Office of the unty Attorney 4 i i t t f Revised 9/13 4 3200 GLEN ROYAL ROAD, SUITE 107, RALEIGH, NC 27617 www.oronetsystemsonline.com TELEPHONE 919.277.2070 FAX 919.277.2072 Q051914-Orange County-Eno River Parking Deck May 19,2014 al.1)v-. 0slay 5, v o Mr. Wayne Fenton 0 3 a _)3 a g Orange County 00 Asset Management Services PO Box 8181 Hillsborough,NC 27278 Cc:Jeff Thompson Dear Mr.Fenton, RE: ORANGE COUNTY-ENO RIVER PARKING DECK. With reference to your request for a proposal for cameras to be installed at the Eno River Parking Deck, Orange County,we have pleasure in submitting our proposal for your review. Equipment Description Quantity Equipment Description Unit Price Total Price 1 2 Megapixel Cameras 741.15 1,482.30 2 Junction Boxes two megapixel am Ceras 76.96 153.90 19 Two Me a ixel Outdoor Dome cameras 741.15 14,081.85 1 Enterprise License for up to 16 Camera Channels and Unlimited Client Connections 3,640.95 '3,640.95 1 Enterprise License for up to 4 Cameras and Unlimited Client Connections. 935.55 935.55 Enterprise License for up to 1 Additional Camera Channels and Unlimited Client Connections __271.35 271.35 —T Installation Materials — — - 666.49 - - ----_- -- = -- -- _ . _- E ui ment Total Including Cable and Materials _ 21 232 39 Add Estimated Shipping 514.15 Add 7.5%Sales Tax 1,630.99 -— Add Labor -- - ---- - — - T 6,50Lg4 — ---- - _ -- _--- - - - ---__-- --- -- ------1 ! Total Price Includin g Equipment,Labor,Sales Tax,and Shipping $29,879.37 Please Note: This proposal excludes all Cable,Conduit and POE Switches necessary for the operation of these cameras-which will be done"By Others> Q05191-4 Oi-tingc('ouniv I:no hivcr Parking I)cck hoNci S��stcros_ Inc. 1 AC R" CERTIFICATE OF LIABILITY INSURANCE D TE(MMI2014 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 Amy H.Paschal _ NAME:Ken B Lawson Jr. P"C.N . 919-846-2090 ext 105 ac No; 91 9-846-2438 dba Lawson Insurance Group EEA DRESS: paschaa @nationwide.com 6512-101 SIX Forks Rd. INSURERS AFFORDING COVERAGE NAIC# Raleigh,NC 27615 _ _ — INSURER A: Nationwide Mutual Insurance Company INSURED INSURER B: AmGUARD Insurance Company ProNet Systems,Inc INSURER C: Progressive Southeastern Ins Company 3200 Glen Royal Road INSURERD: Suite 107 INSURER E: 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. IL L S R POLICY OUD IXP TR TYPE OF INSURANCE POLICY NUMBER MA POLICY LIMITS X COMMERCIAL GENERAL LIABILITY ACP 2262994383 02 122/2014 2/22/2015 EACH OCCURRENCE $ 1,000,000 DAMAGE TO A CLAIMS-MADE �OCCUR RENTED 100,000 PREMISES Ea occurrence $ X Contractual Liability MED FRCP(Any one person) $ 5,000 X Contractor's Enhancement PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY�JECOT- El LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY 07864851-3 04/13/2014 4/13/2015 Ee COMBINED SINGLE LIMIT $ 1,000,000 C ANY AUTO BODILY INJURY(Per person) $ X ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $. AUTOS Per aocident $ X UMBRELLA LIAS OCCUR ACP 2262994383 02/22/2014 2/22/2015 kEACH OCCURRENCE $ 4,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE 4,000,000 DIED I X I I RETENTION$ None $ - WORKERS COMPENSATION PRWC552943 4103/2014 4/03/2015 IPER STATUTE ER- B AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 500,000 (Mandatory In NH)EXCLUDED? a N A E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 A Business Services Bond 7900388862 07/11/2014 7/11/2015 $50,000.Bond Limit (3rd Party) DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Orange County is included as additional insured where applicable per Blanket Contractors Enhancement Endorsement CG 72 88. Waiver of Subrogation applies per endorsement. CERTIFICATE HOLDER CANCELLATION Orange County P.O.Box 8181 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Hillsborough,NC 27278 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTA E-Mail: patf @pronetsystemsnc.com 1 88-2014 CORD CORPORATION. All rights reserved. ACORD 25(2014101) / The ACORD name and logo are registered marks of ACORD