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Home My WebLink About2019-063-E AMS - Intellicom ES exterior wall data cable replacement DocuSign Envelope ID:A8A67740-1AF44E94-91311-523896817AB4 [Departmental Use Only] TITLE Data for ES FY 18-19 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 6th day of February, 2019, ("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 Intellicom, 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: Remove the faceplates and jacks from 12 quad data outlets, 2 dual data outlets, 12 coax/TV outlets and 1 clock. Label and roll up cables in the ceiling. Re-install all data cabling with new jacks and faceplates. The term of this agreement rendered shall be from February 6, 2019 to July 1, 2019. 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 Two Thousand Two Hundred Seven Dollars, ($2,207.00). 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 contractor, 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 Revised 12/18 1 DocuSign Envelope ID:A8A67740-1AF44E94-91311-523896817AB4 be required by County'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 County'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). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemnity: The Provider agrees, without limitation, 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. County may suspend this Agreement upon reasonable notice to Provider. 7. Entire Agreement and Signatures: 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. 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 the intent of the parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and 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 state and federal anti-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.oran ecountync. og v/departments/purchasing_division/contracts.php.). 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 Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. 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. Revised 12/18 2 DocuSign Envelope ID:A8A67740-1AF44E94-91311-523896817AB4 10. Non Appropriation: 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER �ro s'gnetl by: 0 5' a cr: �k tS 2/7/2019 Mau & 2/6/2019 By:lC By' Department Director Title: vP operations 200 S. Cameron St. Intellicom, Inc P.O. Box 8181 2902 S. Miami Blvd, Ste. C Hillsborough,NC 27278 Durham,NC 27703 Revised 12/18 3 DocuSign Envelope ID:A8A67740-1AF44E94-91311-523896817AB4 • icom , Inc., Durham, S. Miami Blvd., Ste. C Durham, NC 27703 Office: 919.957.1949 communication specialists Fax: 919.957.8737 January 23, 2019 TO: Angel Barnes OC RE: 911 Center Scope: Remove the faceplates and jacks from 12 quad data outlets, 2 dual data outlets, 12 coax/TV outlets and 1 clock. Label and roll up cables in the ceiling. Re-install all data cabling with new jacks and faceplates. If new cabling is required, additional charges will apply. Estimated Cost: $2,207.00 Thank you for the opportunity to quote this project. We look forward to working with you. Mike Bullock Providing all of your communication needs including:VOICE*DATA*FIBER OPTICS*PUBLIC ADDRESS*SECURITY Visit us on the Web @ www.intellicomusa.com DocuSign Envelope ID:A8A67740-1AF4-4E94-9B11-523896817AB4 FDATE(MMfpplYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 0312812018 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). PRCOUCER CONTACT Steven Stacy NAME: Pelnik Insurance AHD No Efle: (919)459-8000 FAX(AIC No; (866)714-3576 100 Ridgeview Drive E-MAIL Steve.Stacy@Peinik,com ADDRESS: .Suite 100 INSURER(S)AFFORnING COVERAGE NAIC p Cary NC 27511 INSURERA: Selective ins Go of America 12572 INSURED INSURER a: Builders Mutual Insurance Co 10844 INTELLICOM INC AND PLC COMMUNICATIONS,INC INSURER C 2902 S MIAMI BLVD STE C INSURER D INSURER E DURHAM NO 27703-9042 INSURER F COVERAGES CERTIFICATE NUMBER: GL1832616358 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 MAYBE 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 AUUL15UIJH POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER MM1D01YYYY MMICCNYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE S 1,000,000 CLAIMS MADE Fx OCCUR PREMISE$ Eaxcerrence S 500,000 MED EXP(Any one person) 5 15.000 A S 2162397 04/01/2018 04/01/2019 PERSONAL&ADV INJURY S 1.000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE 5 3,000,000 POLICY 19 JECT LOC PRODUCTS-COMPIOPAGG 5 3,000,000 OTHER s AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) s A OWNED SCHEDULED S 2162397 04/0112018 04/01/2019 BODILY INJURY(Per accident) S AUTOS ONLY AUTOS X HIRED v NON-OWNED PROPERTY DAMAGE 5 AUTOS ONLY /'� AUTOS ONLY Per acatlent Auto Elite Pac $ X UMBRELLA LIAB X OCCUR EACHOCCURRENCE S 6,000,000 A EXCESS LIAR CLAIMS-MADE S 2162397 04/01/2018 04/01/2019 AGGREGATE 5 6,000.000 X DED RETENTION S 0 $ WORKERS COMPENSATION X PER STATUTE ERH AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTNERlEXECUTIvE 1.000.000 B OFFICERWEMBEREXCLUDED? NIA PWC101038003 0410112018 04/01/2019 4 EAc�Acc;oENr s (Mandatory in NH) E.L,DISEASE-EA EMPLOYEE 5 1,000,000 If yes,describe under n 1,000.000 c.^�C^..IPT:ON OF OP[RATOr.S L-c7aw- EL 04SEASE-POLiC LiMiT 5 Leased Rented Equipment A S 2162397 0410112018 0410112019 Limit 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I 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 O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD