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HomeMy WebLinkAbout2017-046-E AMS - ProNet Systems, Inc. for PFAP building convert to Lenel OnGuard DocuSign Envelope ID: C85FF5C7-D3F2-45BF-8F47-E247793525EB NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 30th day of January, 2017 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 AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: January 30, 2017 through June 30, 2017. The Project Commencement Date shall be January 30, 2017. Dollar Amount Not to Exceed: Four thousand three hundred sixty three dollars, and sixty three cents ($4,363.63) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Contractor to provide Lenel OnGuard conversion and (1) card access door per proposal #Q122016 dated 12/20/2016 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. 3. 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. 4. 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 under this Agreement. Such personnel shall not be employees of or have any contractual relationship Revised 6/16 1 DocuSign Envelope ID: C85FF5C7-D3F2-45BF-8F47-E247793525EB 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. 5. SUSPENSION AND 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. Owner may suspend the Work at any time for Owner's convenience and without penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by Owner. The notice required by this section or any other 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. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, the United States Post Office. 6. 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://www.orangecountync.gov/departments/purchasing division/contracts.php). 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. 7. 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. Contractor is responsible for all errors or omissions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. It is the intent of this section to require Contractor to indemnify the Owner to the full extent permitted under North Carolina law. 8. 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. 9. 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 Revised 6/16 2 DocuSign Envelope ID: C85FF5C7-D3F2-45BF-8F47-E247793525EB 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 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. 10. DISPUTE RESOLUTION Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects which rules and procedures are incorporated herein. 11. 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. 12. 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. Contractor shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws,policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. Revised 6/16 3 DocuSign Envelope ID: C85FF5C7-D3F2-45BF-8F47-E247793525EB [SIGNATURE PAGE TO FOLLOW] Revised 6/16 4 DocuSign Envelope ID: C85FF5C7-D3F2-45BF-8F47-E247793525EB 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 /—OOCUSignetl by: ,IM Q DocuSignetl by: Bye.. N9JA3�39Bi55E4JmN' Bye-31 50592 . County Manager Alan Jelley 200 S. Cameron St. ProNet Systems, Inc. P.O. Box 8181 3200 Glen Royal Road, Ste 107, Raleigh,NC 27617 Hillsborough,NC 27278 919-277-2070 Revised 6/16 5 DocuSign Envelope ID: C85FF5C7-D3F2-45BF-8F47-E247793525EB O N�„ I iiiiii i /iii filth����fff( ���������� i//(...11t//l tad, 3200 GLEN ROYAL ROAD, SUITE 107, RALEIGH, NC 27617 www.pronetsystemsonline.com TELEPHONE 919.277.2070 FAX 919.277.2072 Q122016-Orange County-PFAP Building—Convert to Lenel and Add one(1)Card Access Door.Rev. 1 December 20,2016 Ms.Angel Barnes Orange County Asset Management Services PO Box 8181 Hillsborough,NC 27278 Dear Ms.Barnes, RE: ORANGE COUNTY—PFAP BUILDING—CONVERT TO LENEL AND ADD ONE(1)CARD ACCESS DOOR With reference to your request for a Lenel OnGuard conversion to the PFAP Building to Lenel OnGuard and the addition of one(1)card access door,making a total of two(2)card access controlled doors. We have pleasure in offering the following proposal for your review. Equipment Description Quantity Equipment Description Unit Price Total Price 1 Altronix AL400ULX 12/24 Volt Power Supply 253.80 253.80 1 Bosch DS-150 REX PIR 74.25 74.25 1 GE 1076CW Door Contacts 11.48 11.48 1 HES HE-1006 Electric Strike 373.95 373.95 1 HID 92ONTNNEK00000-L001 Smart Card Reader Switch Plate Gray 211.95 211.95 1 Lend LNL-1300 Reader Interface 255.15 255.15 1 Lend LNL-2220 Lend Intelligent Panel 1,478.25 1,478.25 Cable and Installation Materials 238.34 Equipment Total Including Cable and Materials 2,897.17 Add Estimated Shipping 70.12 Add Labor 1,091.90 Add 7.5%Sales Tax 304.44 Total Price Including Equipment,Labor,Sales Tax,and Shipping $4,363.63 1 DocuSign Envelope ID: C85FF5C7-D3F2-45BF-8F47-E247793525EB 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 call out is charged at$90.00 per hour and$110.00 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 is 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 all products for the second year after date of hand over. Service Contract A maintenance program is offered below. Full Maintenance $ 265.88 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 requirements. Should you require further clarification or additional information,please do not hesitate to contact us. Sincerely, Alan Jelley ProNet Systems,Inc. Accepted: Signed For and On Behalf of Orange County Print Name & Title Date 2 DocuSign Envelope ID: C85FF5C7-D3F2-45BF-8F47-E247793525EB ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/29/2016 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 have ADDITIONAL INSURED provisions or 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 ACT Amy H. Paschal Ken B. Lawson,Jr. (A/C,NNo,Ext): 919-846-2090 ext 105 FAX,No): 919-846-2438 Ken Lawson,Jr.Agency E-MAIL E paschaa@nationwide.com y ADDRSS: p h nationwide.com @ 6512-101 Six Forks Road INSURER(S)AFFORDING COVERAGE NAIC# Raleigh, NC 27615 INSURERA: Nationwide Mutual Insurance Company 23787 INSURED INSURER B: AmGUARD Insurance Company 13781 ProNet Systems, Inc. INSURER C: Nationwide Mutual Fire Ins Company 23779 3200 Glen Royal Road INSURER D: 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. INSR R TYPE OF INSURANCE I S POLICY EFF POLICY EXP NSD VD POLICY NUMBER T W LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY y ACP GLO 2282994383 02/22/201602/22/2017 EACH OCCURRENCE $ 1,000,000 DAMAGE RETED CLAIMS-MADE X OCCUR PREMISES O(Ea occurrence) $ 100,000 X Contractual Liability MED EXP(Any one person) $ 5,000 X Contractor's Enhancement PERSONAL&ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ C AUTOMOBILE LIABILITY y ACP BAF 3016921314 12/31/201512/31/2016 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ X OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) A X UMBRELLA LIAB X OCCUR y ACP CAF 228994383 02/22/201602/22/2017 EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000 DED X RETENTION$ none $ B WORKERS COMPENSATION PRWC700473 04/03/201604/03/2017 X P OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? y N/A (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 Tools and Equipment Installation Floater Equipment A Commercial Inland Marine ACP CIM 2282994383 02/22/201602/22/2017 $75,000. Limit/$500 Deductible All Job Sites of the Insured $22,250. Limit/VOW. Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Orange County is included as additional insured and Waiver of Subrogation applies per Blanket Contractors Enhancement Endorsement CG 72 88 under the general liability policy(please refer to attachments). The Umbrella/Excess Liability policy is"follow form". Blanket Waiver of Subrogation also applies to the workers compensation policy(please refer to attachments). 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. E-Mail: tcomar @orangecountync.gov AUTHOR)ZEDREPR ENTATVE E-Mail: anitaj @pronetsystemsnc.com / E-Mail: patf @pronetsystemsnc.com r. ", q. 1 + w. ..• f" ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: C85FF5C7-D3F2-45BF-8F47-E247793525EB PROGRESSIVE' BROWN PHILLIPS INS COMMERCIAL 4940-B WINDY HILL DR RALEIGH,NC 27609 1-919-874-0405 Policy number: 05786709-0 Underwritten by: PROGRESSIVE SOUTHEASTERN INS CO January 5,2017 Page 1 of 2 Certificate of Insurance Certificate Holder Insured Agent ORANGE COUNTY PRONET SYSTEMS INC BROWN PHILLIPS INS PO BOX 8181 3200 GLEN ROYAL RD STE 107 4940-B WINDY HILL DR HILLSBOROUGH, NC 27278 RALEIGH, NC 27617 RALEIGH, NC 27609 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Policy Effective Date: Dec 31, 2016 Policy Expiration Date: Dec 31, 2017 Insurance coverage(s) Limits BODILY INJURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT COMBINED UM/UIM BI $1,000,000 COMBINED SINGLE LIMIT ANY AUTO BODILY INJURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT Description of Location/Vehicles/Special Items Scheduled autos only 2003 FORD ECONO/CLUB WGN 1 FTNE24L63HB56220 UNINSURED MOTORIST PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT W/$100 DED COMPREHENSIVE $500 DED COLLISION $1,000 DED 2003 FORD ECONO/CLUB WGN 1 FTNE24L33HB92527 UNINSURED MOTORIST PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT W/$100 DED COMPREHENSIVE $500 DED COLLISION $1,000 DED 2006 FORD F150 1 FTRF12WX6NA28557 UNINSURED MOTORIST PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT W/$100 DED COMPREHENSIVE $500 DED COLLISION $1,000 DED 2006 JEEP COMMANDER 118HG58286C245131 UNINSURED MOTORIST PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT W/$100 DED COMPREHENSIVE $500 DED COLLISION $1,000 DED 2007 FORD ECONO/CLUB WGN 1 FTNE14W37DB26903 UNINSURED MOTORIST PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT W/$100 DED COMPREHENSIVE $500 DED COLLISION $1,000 DED Continued DocuSign Envelope ID C85rr5C7-z3r2-45oF-8r47E247783525Eo Policy number 05706709'0 Page of 2 2OO7 FORD EC0N0/CLURVVGN1FTNE14VV57DB3O3QQ UNINSURED MOTORIST PROPERTY DAMAGE $1.000.000 COMBINED SINGLE LIMIT W/$100DED COMPREHENSIVE $500 DED COLLISION $1,000 DED 2O13 FORD TRANSIT CONNECT NMOO7DN6DT1555Q4 UNINSURED MOTORIST PROPERTY DAMAGE $1.000.000 COMBINED SINGLE LIMIT W/$100DED COMPREHENSIVE $500 DED COLLISION $1,000 DED 2O14 JEEP GRAND CHEROKEE 1C4NFCG7E(Z72289 UNINSURED MOTORIST PROPERTY DAMAGE $1.000.000 COMBINED SINGLE LIMIT W/$100DED COMPREHENSIVE $500 DED COLLISION $1,000 DED 2O16 MERCEDES-BENZ GLE4884]GDA5GB9GA678426 Stated Amount $52.000 UNINSURED MOTORIST PROPERTY DAMAGE $1.000.000 COMBINED SINGLE LIMIT W/$100DED COMPREHENSIVE $500 DED COLLISION $1,000 DED Certificate number 00517NET709 Please be advised that the certificate holder will not be notified in the event of a mid-term cancellation. ii— --?#r Form 5241(10/02)