HomeMy WebLinkAbout2018-658-E AMS - Intellicom Sportsplex FieldhouseRevised 10/17 1
NORTH CAROLINA CONSTRUCTION SERVICES
AGREEMENT UNDER $50,000
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter “Agreement”), is made and entered
into this 31st day of August, 2018 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;
W I T N E S S E T H:
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: August 31, 2018 through October 31, 2018. The
Project Commencement Date shall be September 4, 2018. Dollar Amount Not to Exceed:
Twenty-Five Thousand Dollars ($25,000.00)
2. SERVICES
Contractor agrees to provide the following construction services (the “Work”): Provide
multi-mode armored 24 strand fiber from existing demarc to the new MDF (approximately 500'),
provide and install one 25 pair copper feeder from the existing demarc to the new MDF.
Terminate on new 24 port patch panel in the MDF and on a 66 block in the demarc. Install one 2-
post open data rack with cable management and secure to wall with ladder tray. Install one 2u
fiber enclosure in the MDF and one wall mount fiber enclosure in the demarc. Install
approximately 26 data cables. Install one category six 48 port patchpanel. Install two category six
outlets for fire alarm, test and label all cabling to industry standards.
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.
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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
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, without limitation, 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 resulting in property
damage or personal injury, including death, or other loss 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
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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
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. The policy is incorporated
herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php).
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 non-discrimination laws, policies, rules, and regulations and
the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each
policy is incorporated herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php). Any violation
of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may
immediately terminate this Agreement without further obligation on the part of the County. This
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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 identified, on the lists
created by the State Treasurer pursuant to G.S. 147-86.58 and G.S. 147-86.81. This Agreement
together with any amendments or modifications may be executed electronically. All electronic
signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and
intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute
Chapter 66.
[SIGNATURE PAGE TO FOLLOW]
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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 ________________________________
County Manager Intellicom, Inc.
200 S. Cameron St. 2902 S. Miami Blvd, Ste. C
P.O. Box 8181 Durham, NC
Hillsborough, NC 27278 27703
DocuSign Envelope ID: 7E9FF784-5580-4F4F-95AD-AAF601ED7565
Providing all of your communication needs including: VOICE * DATA * FIBER OPTICS * PUBLIC ADDRESS * SECURITY
Visit us on the Web @ www.intellicomusa.com
2902 S. Miami Blvd., Ste. C
Durham, NC 27703
Office: 919.957.1949
Fax: 919.957.8737
May31, 2017
TO: Angel Barnes
Orange County
RE: Sportsplex Annex
Scope of Work
Provide and install the following:
One multi-mode armored 24 strand fiber from the existing demarc to the new MDF (appox.
500’).
One 25 pair copper feeder from the existing demarc to the new MDF. Terminate on new 24 port
patch panel in the MDF and on a 66 block in the demarc.
Install one 2-post open data rack with cable management, and secure to wall with ladder tray.
Install one 2u fiber enclosure in the MDF and one wall mount fiber enclosure in the demarc.
Install 26 category six data cables. Install one category six 48 port patchpanel.
Install two category six outlets for fire alarm.
Test and label all cabling to industry standards.
Total Price: $19,217.00
Thank you for the opportunity to submit a proposal. We look forward to working with you on this project.
Mike Bullock
DocuSign Envelope ID: 7E9FF784-5580-4F4F-95AD-AAF601ED7565
DocuSign Envelope ID:7E9FF784-5580-4F4F-95AD-AAF601 ED7565
A R� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
o3/zs/zols
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 CONTACT Steven Stacy
NAME:
Pelnik Insurance PHONE (919)459-8000 FAX (866)714-3576
A/C No Ext: A/C,No
100 Ridgeview Drive E-MAIL Steve.Stacy @Pelnik.com
ADDRESS:
Suite 100 INSURER(S)AFFORDING COVERAGE NAIC#
Cary NC 27511 INSURERA: Selective Ins Co ofAmerica 12572
INSURED INSURER B: guilders Mutual Insurance Co 10844
INTELLICOM INC AND PLC COMMUNICATIONS,INC INSURER C:
2902 S MIAMI BLVD STE C INSURER D:
INSURER E:
DURHAM NC 27703-9042 INSURER F:
COVERAGES CERTIFICATE NUMBER: CL1832816358 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 UBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY)
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE �OCCUR PREM SESO(Ea occur RENTED $ 500,000
MED EXP(Any one person) $ 15,000
A S 2162397 04/01/2018 04/01/2019 PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 3,000,000
POLICY � PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 3,000,000
JECT
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
(Ea accident)
X ANYAUTO BODILY INJURY(Per person) $
A OWNED SCHEDULED S 2162397 04/01/2018 04/01/2019 BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY X AUTOS ONLY (Per accident)
Auto Elite Pac $
X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 6,000,000
A EXCESS LIAB CLAIMS-MADE S 2162397 04/01/2018 04/01/2019 AGGREGATE $ 6,000,000
DED I X1 RETENTION$ 0 $
WORKERS COMPENSATION X1 STATUTE EORH
AND EMPLOYERS'LIABILITY YIN 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
B OFFICER/MEMBER EXCLUDED? ❑ N/A PWC1010380 03 04/01/2018 04/01/2019
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
IfVes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
Limit 100,000
Leased Rented Equipment
A S 2162397 04/01/2018 04/01/2019
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached 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
Orange County ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 8181
AUTHORIZED REPRESENTATIVE
Hillsborough NC 27278
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