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HomeMy WebLinkAbout2019-092-E AMS - Motorola outdoor antenna DocuSign Envelope ID:283A3B52-C94B-489E-9B1D-4FD2FEF5E4AB [Departmental Use Only] TITLE Antenna FY 18-19 NORTH CAROLINA SERVICES AGREEMENT UNDER$90,000.00 NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 15th day of February, 2019, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Motorola Solutions, Inc, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Wall mounted antenna system Removal and Re- Installation at 510 Meadowlands Drive, Hillsborough NC. ii) By executing this Agreement, the 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. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Revised 12/18 1 DocuSign Envelope ID:283A3B52-C94B-489E-9B1D-4FD2FEF5E4AB quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns 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. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of any proposal. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Removal and re-installation of wall mounted antenna system (5 yagi and 4 stick antenna) per proposal dated 1/23/19 and statement of work dated 1/22/19. 4. Duration of Services a. Term. The term of this Agreement shall be from February 15, 2019 to July 15, 2019. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. Revised 12/18 2 DocuSign Envelope ID:283A3B52-C94B-489E-9B1D-4FD2FEF5E4AB ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be February 15, 2019. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement. The maximum amount payable for Basic Services shall not exceed Twenty Four Thousand, One Hundred Thirty-Seven Dollars ($24,137.00). Payment for Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. 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. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Angel Barnes) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may 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 consist of N/A(if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in Revised 12/18 3 DocuSign Envelope ID:283A3B52-C94B-489E-9B1D-4FD2FEF5E4AB effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. The Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. Revised 12/18 4 DocuSign Envelope ID:283A3B52-C94B-489E-9B1D-4FD2FEF5E4AB e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assigmnent. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. c. Non-Discrimination. 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 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.oran eg countync• ov�/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 paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. Revised 12/18 5 DocuSign Envelope ID:283A3B52-C94B-489E-9B1D-4FD2FEF5E4AB f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. 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. It is expressly agreed that County 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 County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Signatures. 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. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider's Name Attention:AMS Motorola Solutions, Inc P.O. Box 8181 315 Kitty Hawk Drive Hillsborough,NC 27278 Morrisville,NC 27560 [SIGNATURE PAGE TO FOLLOW] Revised 12/18 6 DocuSign Envelope ID:283A3B52-C94B-489E-9B1D-4FD2FEF5E4AB IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: �akkit.�{euuwt 2/19/2019 r�ta�� } 2/11/2019 By' QQ,�,..�,,, '�'`� By: County Manager Ron Bolt, General Manager Printed Name and Title Revised 12/18 7 DocuSign Envelope ID:283A3B52-C94B-489E-9B1D-4FD2FEF5E4AB MOTOROLA Motorola,Inc To: ORANGE COUNTY From: Amanda Barringer KEVIN MEDLIN 315 Kitty Hawk Dr Morrisville,NC 27560 Phone: Phone: 919-741-8431 Fax: North Carolina Sales Team Fax: 919-882-9905 Qty Model# Description Your Price I Extended Price ORANGE COUNTY EM-MAIN CENTER-OUTDOOR ANTENNA REMOVAL AND INSTALL FOR ORANGE EM-FOR REMEDIATION 700 LMR 400 COAX $1.69 $1,184.62 35 N MALE CONNECTOR $9.62 $336.54 8 POLYPHASER $115.38 $923.08 1 MAN LIFT 2 TRIPS $9,230.77 $9,230.77 1 MISC.GROUNDING AND INTSTALATION PARTS $692.31 $692.31 1 LABOR $11,769.23 $11,769.23 Notes: 1.North Carolina sales tax has not been included in this quotation. 2.Prices in accordance with North Carolina State Contract#725G 3.Proposal Valid for 60 Days Proposal Name: ORANGE COUNTY Equipment 24,136.54 Payment Terms: NET 30 Taxes Not Applied Delivery: TBD Proposal Date: 1/23/2019 Total 24,136.54 DocuSign Envelope ID:283A3B52-C94B-489E-9B1D-4FD2FEF5E4AB MOrOROLA SOLUTIONS Orange County Wall mounted antenna system Removal and Re-Installation Statement of Work 1/22/19 Overview This document describes the statement of work (SOW) provided by Motorola to disconnect the existing antenna system from the Orange County, NC ("Orange County") Primary Communications Center and re- install this equipment following the Orange County remediation process. This document and other supporting information are provided to Orange County for the stated improvements. Relocation and installation services will be supplied for the following subsystems: • Wall mounted antenna system (5 yagi and 4 stick antenna) The following sections provide general descriptions of the implementation details provided under this contract. Antenna System A man lift will be rented to get up to the antennas on the wall. Antennas, pipes, coax, wall and mounted brackets will be removed. Before the Orange County contractor comes in for the sanitization. Antenna System Re-Installation Upon notice from Orange County that the Primary PSAP remediation process and remodeling has been completed Motorola/MCA will provide the following installation services. Wall mounted antenna system A man lift will be rented again the wall mounted brackets will be install with the pipes. The antenna will be put on the pipes, coax will be run from the antenna into the building to the poly phasers. All equipment will be grounded to the Motorola R56 standard. Wall mounted bracket will be reused and the antennas. Coax will be replaced as because it went into the building. 1 DocuSign Envelope ID:283A3B52-C94B-489E-9B1D-4FD2FEF5E4AB Orange County Radio Consoles Statement of Work Motorola will not be responsible for any damage while equipment is removed, in storage and brought back to Orange County Emergency Management Dispatch. 2 DocuSign Envelope ID:283A3B52-C94B-489E-9B1D-4FD2FEF5E4AB `e DATE{MMIDDiYYYYI CERTIFICATE OF LIABILITY INSURANCE 612 112 01 8 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 endorsements). PRODUCER Stephens Insurance, LLC NAME:CONTACT Stephanie Jones 111 Center Street, Suite 100 PHONE FAX Little Rock, AR 72201 AIc No 501 377-3445 A1C No; 501 210-4627 ADDRESS: Ste hanie.Jones Ste hens.com INSURERS)AFFORDING COVERAGE NAIL 0 www.stephens.com INSURERA: Massachusetts Bay Insurance Company 22306 INSURED INSURER B. The Hanover Ins Uran Ce Company_ 22292 Mobile Communications America, Inc. INSURERC: Allmerica Financial Benefit Insurance Co 41640 & Subsidiaries 885 Cripple Creek INSURERO; _ Lawrenceville GA 30043 INSURERE: I N SURER F: COVERAGES CERTIFICATE NUMBER.- 43742355 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, TFRM OR CONDITION ❑F 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 SUBR POLICYNUMBER MMIDaYIYYYY MM?D LTR DfYYYY LIMITS A V COMMERCIAL GENERAL LIABILITY TDT-D351274-01 8/23/2018 8/23/2019 EACH OCCURRENCE $1 000 000 CLAIMS-MADE 7 OCCUR PREMiS S Ea ocrurcanaa $100 000 MED EXP(Any one person) $10 000 PERSONAL&ADV INJURY i 1 000 000 GERLAGGREGATELI MIT APPLIES PER: GENERAL AGGREGATE $2.000,000 POUCY[7]PI D- LOC PRODUCTS-COMPIOP AGG s2,000,000 OTHER' S A AUTOMOBILE LIABILITY ADT-D342535-01 8/23/2018 8/23/2019 COMSINQDISINGELIMIT s1040000 J ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) 3 AUTOS ONLYLAUTOSAUTO NON-OWNEO pROPERTYOAMAGE $ AUTOS ONLYAUTOS ONLY Per aoddentJ Gara ekes eal Llabilitv S B UMBRELLA LIAR V OCCUR UHT-0351276-01 8/23/2018 8/23/2019 EACH OCCURRENCE $10 000 000 EXCESS LIAa CLAIMS-MADE Commercial FOIOW AGGREGATE $10 000 000 DE❑ I -( RETENTIONSNil Form Policy $ C WORKERS COMPENSATION W2D-D343901-01 8/23/2018 8/23/2019 �/ I STATUTE I I ER AND EMPLOYERS'LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE YIN N 7A E.L.EACH ACCIDENT $1 00O 000 OFFICERIMEMSERIXCLUDE67 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION 0FOPERATIONS bebw E.L.DISEASE-POLICYLJMIT $1 ODO OOO B Professional Liability LHT-D351277-01 8/23/2018 8/23/2019 Each Claim Limit$2,000,000 Aggregate Limit$2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES[AC OR 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Orange County Emergency Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE PO Box 81 S 1 ACCORDANCE W THTHE POL CYPROVISION WILL BE DELIVERER IN 200 S Cameron Street Hillsborough INC 27278 AUTHORIZED REPRESENTATIVE Sian Payne ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and Toga are registered marks of AGOR❑ 43742355 I ]g119 Maa[er Certificate I Stephanie Jones 18/21/2618 5;3903 PM {CI]TI I Page 1 of 2 DocuSign Envelope ID:283A3B52-C94B-489E-9B1D-4FD2FEF5E4AB AGENCY CUSTOMER ID: LOC#: A�Q�l7� ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Stephens Insurance, LLC Mobile Subs diaries cafions America,Inc. POLICY NUMBER 885 Cripple Creek Lawrenceville GA 30043 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability(03/16) HOLDER:Orange County Emergency Services ADDRESS:PO Box a181 200 S Cameron Street Hillsborough NC 27278 ADDITIONAL NAMED INSUREDS Amerizon of North Carolina, LLC DBA Amerizon Wireless DBA Carter Electronic Service Company DBA Communications & Electronics DBA Communication Service DBA Communications Specialists of Columbia SC DBA East Georgia Communications DBA First Communications DBA First Georgia Communications DBA Infinity Technology Distributors & Consulting 5 DBA Mobile Communications Albany DBA Mobile Communications Athens DBA Mobile Communications Columbus DBA Mobile Communications of Charleston DBA Mobile Communications Valdosta DBA Seamless Mobility Solutions DBA Ward Bell Communications DBA Wireless Communications Infinity Technology Solutions, LLC Mobile Communications of Dekalb, Inc. Mobile Communications of Hall, LLC Mobile Communications of the Carolinas, LLC DBA Myrtle Beach Communications ACORD 101 (2008101) G 200B ACORD CORPORATION. All rights reserved. The AGORD name and logo are registered marks of ACORD ATTACHMENT 4374Z355 118119 Master Certifioata I Stephanie Sane& 18/21/2018 5;39;03 PM (r-DT) I Fag- 2 0£ 2 DocuSign Envelope ID:283A3B52-C94B-489E-9B1D-4FD2FEF5E4AB Stephens Insurance,LLC 11 i Center Street,Suite 100 Little Rock,AR 72201 MAIL DOCUMENT fsurei st Orange County Emergency Services Sender: Stephanie Jones PO Box 8181 Phone: 1-800-643-9691 200 S Cameron Street Hillsborough NC 27278 Subject: Cert No.43742355-Certificate of Liability:Mobile Communications America,Inc.- Date: 8/21/2018 No. of Pages: 3 URL: www,stephens.com The attached or linked document{s7 contain certification of insurance coverage for the insured named in the subject above.Your company is listed as the organization requesting receipt of these documents. 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