Loading...
HomeMy WebLinkAbout2022-432-E-IT Dept-NetPlanner Systems- Change Order 4 to Outside Plant Fiber OpticRevised 06/21 ORANGE COUNTY CHANGE ORDER REQUEST NORTH CAROLINA ______________________________________________________________________________________________________________ Date: 9/2/2022 Project: Outside Plant Fiber Infrastructure Change Order No. 4 Department: IT Department Address: 131 W. Margaret Lane Project: 61370035-897086-30007 Contractor: NetPlanner Systems, Inc Contractor Address: 1229 Perry Road, Ste 108 Apex, NC 27502 Effective date of original contract: 3March2021 (2021-160) This change order increases decreases the contract time by days. Check here if no impact to contract time . Will this change order impact the date of substantial completion? Yes No. If yes, the amended date of substantial completion is: _______________________________________________________________________________________________________________ Full Description of Change: NetPlanner is providing a solid rock price to drill solid rock and pull back the 2 x1.25” ducts. The price per foot is $51.50 and this includes all necessary equipment to perform a solid rock bore. Orange County will be billed accordingly for rock footage per drill shot only up to a maximum of $10,000. Example: if the shot is 500ft and 400ft of that is dirt, the 400ft is covered under the previous quote and the 100ft of rock is to be billed at an additional cost of $51.50 per foot. In that example, the additional cost would be $ $5,150.00. The rock drilling is a price per foot as an adder is $51.50 per foot. There is no way to know upfront how much solid rock will be in the way. This change order is to provide an additional $10,000 to the contract, which would cover up to 194 ft of rock drilling. Reason for Change: Rock is in the pathway of drilling to install conduit to hold Orange County Fiber. See Attachment A. _______________________________________________________________________________________________________________ Original contract sum: $ 307,070.14 Contract sum prior to this change order: $ 374,628.26 Amount of this change order: $ 10,000.00 Total sum of the contract including this change order: $ 384,628.26 _______________________________________________________________________________________________________________ This change order is executed to amend the contract time or contract sum. It shall not be construed to impact the original contract, project, services, or work in any other manner. All other terms of the Original Contract remain in effect. Approved and executed this 2nd day of September, 2022. _______________________________ _____________________________ _____________________________ Contractor Owner Architect (when retained) By:____________________________ By:___________________________ By:___________________________ DocuSign Envelope ID: FDBA7E76-DFF9-4C2E-9D34-9390DEA99D4F 9/2/2022 9/2/20229/5/2022 Revised 06/21 DocuSign Envelope ID: FDBA7E76-DFF9-4C2E-9D34-9390DEA99D4F Revised 06/21 ORANGE COUNTY—DEPARTMENT USE ONLY _____________________________________________________________________________________________________ Party/Vendor Name: NetPlanner Systems, Inc Party/Vendor Contact Person: Mike Dycus Contact Phone: 770.833.3130 Party/Vendor Address: 1229 Perry Road, Suite 108 City Apex State: NC Zip: 27502 Department: OCIT Amount: 10,000.00 Purpose: Change Order 4 to Outside Plant Fiber Optic Infrastructure per RFP#367-OC5301 Budget Code(s): 61370035-897086-30007 Vendor # 67077 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 9/2/2022 Approved by Board Yes No Agenda Date: --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: N/A Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services 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 ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: FDBA7E76-DFF9-4C2E-9D34-9390DEA99D4F 9/2/2022 9/4/2022 9/4/2022 9/5/2022 1229 Perry Road, Suite 109 Apex, NC 27502 Direct: (919) 290-8011 Cell: (770) 833-7643 andrew.rakestraw@netplanner.com Atlanta, GA ●Augusta, GA ●Columbus, GA ●Savannah, GA ●Raleigh, NC Corporate Headquarters: 3145 Northwoods Parkway, Suite 800 ● Norcross, GA 30071 Office: (770) 662-5482 ● Fax: (770) 441-3773 ● Toll-Free: (800) 795-1975 www.netplanner.com 9-1-22 RE: AR20215 – Orange County, North Carolina – RFP No. 367-OC 5301 – Change Order 4 Thank you for the opportunity to provide a proposal for the Orange County, North Carolina – RFP No. 367-OC 5301 CO#4 project. With over 30 years of experience in the industry, NetPlanner Systems, Inc. has a long history successfully completing projects of this scope and magnitude. As one of the Southeast's leading providers of information transport systems, NetPlanner Systems, Inc. has established a reputation for completing projects on time and within budget. We dedicate our efforts to staying on top of the ever- changing world of communications technology in order to consistently deliver innovative, high performing systems. Our goal is to provide you with the highest quality products and a level of customer service that exceeds your expectations. Please do not hesitate to contact me if you have any questions about this proposal. Again, thank you for this opportunity. We look forward to working with you. Pricing is based on the following: •Rock, a soft or a solid rock adder cost per ft of drilling Attachment A DocuSign Envelope ID: FDBA7E76-DFF9-4C2E-9D34-9390DEA99D4F 1229 Perry Road, Suite 109 Apex, NC 27502 Direct: (919) 290-8011 Cell: (770) 833-7643 andrew.rakestraw@netplanner.com Atlanta, GA ● Augusta, GA ● Columbus, GA ● Savannah, GA ● Raleigh, NC Corporate Headquarters: 3145 Northwoods Parkway, Suite 800 ● Norcross, GA 30071 Office: (770) 662-5482 ● Fax: (770) 441-3773 ● Toll-Free: (800) 795-1975 www.netplanner.com SCOPE OF WORK NetPlanner is providing a solid rock price to drill solid rock and pull back the 2 x1.25” ducts. The price per foot is $51.50 and this includes all necessary equipment to perform a solid rock bore. The client will be billed accordingly for rock footage per drill shot only. Example: if the shot is 500ft and 400 is dirt that part is cover under the previous quote and this 100ft is to be billed at an additional per foot cost of $51.50 per foot and this is an adder to the main quote. The additional cost is $ $5,150.00 When bore path is determined to be rock, a soft or a solid rock adder will be allocated to overall cost accordingly. NetPlanner reserves the right to bill that additional amount, upon mutual agreement price above before any rock is to be drilled. The rock drilling is a price per foot as an adder is $51.50 per foot. There is no way to know upfront how much solid rock will be in the way. NetPlanner can do an open T&M of $51.50 per ft and then show how much solid rock total foot at the end of the project. Or NetPlanner can do up to 194 ft $10,00.00 open PO. DocuSign Envelope ID: FDBA7E76-DFF9-4C2E-9D34-9390DEA99D4F 1229 Perry Road, Suite 109 Apex, NC 27502 Direct: (919) 290-8011 Cell: (770) 833-7643 andrew.rakestraw@netplanner.com Atlanta, GA ● Augusta, GA ● Columbus, GA ● Savannah, GA ● Raleigh, NC Corporate Headquarters: 3145 Northwoods Parkway, Suite 800 ● Norcross, GA 30071 Office: (770) 662-5482 ● Fax: (770) 441-3773 ● Toll-Free: (800) 795-1975 www.netplanner.com PAYMENTS NetPlanner Systems, Inc. will invoice Customer for all materials and for mobilization upon approval of proposal. Customer will be invoiced for labor at the end of the project or at the end of the month, whichever comes first, based upon the percentage of the project completed. The Customer agrees to pay any and all payments according to the payment schedule. Should said payment(s) not be made, or if satisfactory arrangements for payment have not been made, NetPlanner Systems, Inc. reserves the right to stop all work until such time as payment is rendered or satisfactory payment arrangements have been made. Standard payment terms are NET 15. Any required closeout documents, including, but not limited to, as-built drawings, test results, and warranties, will be released to the Customer once 90% of the total project payment has been received by NetPlanner Systems, Inc. NetPlanner Systems, Inc. operates primarily as a contractor for sales tax purposes. This means that all sales tax is paid to the Department of Revenue at the point of purchase of materials and that no sales tax may be charged to NetPlanner Systems, Inc. customers. INCLUSIONS Pricing includes above described items by NetPlanner Systems, Inc. and applies to regular business hours unless otherwise stated, Monday -Friday 7:30 AM - 4:30 PM. This bid proposal and the pricing within is valid for 90 days, however materials may not be purchased until jobsite is ready for low voltage scope to begin. If the metal market experiences any volatility during this time, pricing may be adjusted to compensate for difference." EXCLUSIONS Overtime labor is not included in this proposal. NetPlanner Systems is not responsible for conduit, millwork, or other general construction requirements that provide pathways to provided equipment. This also includes any ceiling reconstruction, i.e. ceiling tile/grid, sheetrock, etc. NetPlanner Systems is not responsible for any configuration of Customer’s network equipment that may impede the completion of the project. NetPlanner Systems is not liable to the Customer or any third party for any delays, damages or equipment failure caused by any circumstances beyond our reasonable control. DocuSign Envelope ID: FDBA7E76-DFF9-4C2E-9D34-9390DEA99D4F 1229 Perry Road, Suite 109 Apex, NC 27502 Direct: (919) 290-8011 Cell: (770) 833-7643 andrew.rakestraw@netplanner.com Atlanta, GA ● Augusta, GA ● Columbus, GA ● Savannah, GA ● Raleigh, NC Corporate Headquarters: 3145 Northwoods Parkway, Suite 800 ● Norcross, GA 30071 Office: (770) 662-5482 ● Fax: (770) 441-3773 ● Toll-Free: (800) 795-1975 www.netplanner.com NetPlanner Systems is not responsible for any applicable wall support, network, and power requirements. TIMELINE NetPlanner Systems operates all integration projects on an estimated four – six week lead time before beginning onsite installation. During this time the NetPlanner Systems staff assigned to the project shall prepare deliverables (CAD, programming, etc.), order/receive equipment and begin required fabrication. Lead times can vary depending on manufacturers’ lead times, which NetPlanner Systems does not control. Lead time begins once a signed Statement of Work (SOW) and Purchase Order (PO) are received from the Customer and receipt is confirmed by NetPlanner Systems. The project will not begin nor will a Project Manager be assigned until a signed SOW and PO are received. Once these items are received, a Project Manager will be assigned and the Customer will be contacted with proposed installation dates. Delays in installation approvals could result in originally proposed installation dates no longer being available. System commissioning will take place after all equipment and cabling has been installed. NetPlanner Systems will test and certify that the integrated system functions properly and is ready for Customer’s use. If applicable, prior to installation, NetPlanner Systems’ certified programmers will custom-write and design the Customer’s touch panel GUI and complete audio, video, lighting and control code for the integration solution. Upon completion of and payment for the project, the Customer will own all coding associated with the project. CHANGE ORDERS Changes to the Scope of Work, delays due to site closings, limited access, or other events which the Customer requests will be handled as part of a Change Order. Customer should contact NetPlanner Systems’ Project Manager with any requested changes, modifications, or enhancements to the project. NetPlanner Systems’ Project Manager will prepare a Change Order which will address scope functionality changes, detail cost implications, and reflect any necessary equipment changes. The Project Manager must receive the signed Change Order before NetPlanner Systems will proceed with any ordering or changes in the project. Additional labor resulting from a Change Order will be estimated at the time of request. If overtime or weekend work is required, the labor rate will be subject to a 1.5 multiplier. If holiday work is required, the labor rate will be subject to a 2.0 multiplier. The cost of additional materials and labor will be presented for Customer approval prior to commencing work on the Change Order. Additional charges for the changes will be added to the contract price and billed with the next scheduled contract payment. DocuSign Envelope ID: FDBA7E76-DFF9-4C2E-9D34-9390DEA99D4F 1229 Perry Road, Suite 109 Apex, NC 27502 Direct: (919) 290-8011 Cell: (770) 833-7643 andrew.rakestraw@netplanner.com Atlanta, GA ● Augusta, GA ● Columbus, GA ● Savannah, GA ● Raleigh, NC Corporate Headquarters: 3145 Northwoods Parkway, Suite 800 ● Norcross, GA 30071 Office: (770) 662-5482 ● Fax: (770) 441-3773 ● Toll-Free: (800) 795-1975 www.netplanner.com The completion date shall be adjusted according to the change(s) mentioned above, and the original completion date shall become null and void. Agreements made by the Customer with other vendors or subcontractors on the job are not recognized. CUSTOMER-SUPPLIED ITEMS All materials supplied by the Customer are to be on site by the specified date in the contract. It is the responsibility of the Customer to ensure that Customer-supplied items are in good and sufficient condition to be installed and that all necessary parts to install such items are present. The Customer bears all responsibilities pertaining to the condition, performance, and warranties of Customer-supplied items. NetPlanner Systems, Inc. shall install Customer-supplied items 'as is' and shall bear no responsibility, either explicit or implied, for the item or for its condition, performance, or warranty. CUSTOMER RESPONSIBILITIES To ensure that the project goes smoothly, please implement the following: A) Designate one person to be the Customer's point of contact. This person shall be kept informed of the job's progress and shall be provided answers to questions as they arise. B) Direct all questions to NetPlanner Systems, Inc.'s designated point of contact. Avoid trying to resolve questions or problems with workers, vendors, or other individuals on or off the job site. C) Make any and all changes to the original contract in writing and ensure that a "Change Order" form is completed and signed before those changes are made. D) NetPlanner Systems, Inc. shall in no way be held responsible for making the proposed system fully operational in the event that the Customer fails to disclose in explicit written terms the features required of the system and where lack of doing so is the cause for such failure to become operational. If such omissions by any third party or the Customer cause the system to be incomplete and unable to function as expected, it is up to the Customer to provide financial resources to correct such omissions. QUALITY All work shall be performed in a good and workmanlike manner per industry standards. All material is guaranteed to be new, unless otherwise specified. DocuSign Envelope ID: FDBA7E76-DFF9-4C2E-9D34-9390DEA99D4F 1229 Perry Road, Suite 109 Apex, NC 27502 Direct: (919) 290-8011 Cell: (770) 833-7643 andrew.rakestraw@netplanner.com Atlanta, GA ● Augusta, GA ● Columbus, GA ● Savannah, GA ● Raleigh, NC Corporate Headquarters: 3145 Northwoods Parkway, Suite 800 ● Norcross, GA 30071 Office: (770) 662-5482 ● Fax: (770) 441-3773 ● Toll-Free: (800) 795-1975 www.netplanner.com SAFETY NetPlanner Systems, Inc. shall take all necessary precautions for the safety of persons and the protection of the work and adjoining property. NetPlanner Systems, Inc. shall comply with all applicable provisions of federal, state and local safety laws and building codes including, without limitation, the provisions of 29 CFR 1910.147 (OSHA Lockout/Tagout Standard). INDEPENDENT CONTRACTORS The relationship of Customer and NetPlanner Systems, Inc. created by this agreement shall be that of independent contractors and not one of joint venture, partnership, or employment. During the term of this Agreement and for a period of two (2) years following the date of the termination or expiration of this Agreement (or the date of any subsequent termination of the parties' relationship, whichever is later), Customer covenants and agrees that Customer shall not, directly or indirectly: (i) solicit, recruit, or hire (or attempt to solicit, recruit, or hire) or otherwise assist anyone in soliciting, recruiting, or hiring, any employee of NetPlanner Systems, Inc. who performed work for NetPlanner Systems, Inc. within the last year of Customer's relationship with NetPlanner Systems, Inc. or who was otherwise engaged or employed with NetPlanner Systems, Inc. at the time of termination or expiration of this Agreement and the parties' relationship or (ii) otherwise encourage, solicit, or support any such employee(s) to leave their employment with NetPlanner Systems, Inc., until such employee's employment with NetPlanner Systems, Inc. has been voluntarily or involuntarily terminated or separated for at least six (6) months. In the event the Customer hires a NetPlanner Systems, Inc. employee, the Customer agrees to compensate NetPlanner Systems, Inc. an amount equal to the employee's minimum annual salary. DAVIS BACON ACT NetPlanner Systems, Inc. is compliant with all State, Federal and local labor and employee relations laws including Davis Bacon and Davis Bacon Related Act regulations and guidelines. Based upon Federal guidelines, it is the contracting agency's and/or contractor's responsibility to (a) notify bidders when a project falls under the Davis Bacon Act and/or Davis Bacon Related Act guidelines and (b) provide the Prevailing Wage Determination attached to the contract. NetPlanner Systems, Inc. bids its labor based upon criteria and requirements outlined within the RFP; as such, we will not take into consideration Davis Bacon Act/DBRA wage requirements if it has not been designated within the RFP/bid documents as a requirement. If a contract is awarded and later determined to be a Davis Bacon/Davis Bacon Related Act project, NetPlanner Systems, Inc. will issue a change order for the additional labor costs and/or have the right to cancel the contract based upon the contractor's failure to properly notify bidders of the DocuSign Envelope ID: FDBA7E76-DFF9-4C2E-9D34-9390DEA99D4F 1229 Perry Road, Suite 109 Apex, NC 27502 Direct: (919) 290-8011 Cell: (770) 833-7643 andrew.rakestraw@netplanner.com Atlanta, GA ● Augusta, GA ● Columbus, GA ● Savannah, GA ● Raleigh, NC Corporate Headquarters: 3145 Northwoods Parkway, Suite 800 ● Norcross, GA 30071 Office: (770) 662-5482 ● Fax: (770) 441-3773 ● Toll-Free: (800) 795-1975 www.netplanner.com Prevailing Wage requirements. In some instances, the Prevailing Wage Determination provided within an RFP/bid package does not include an employee classification matching the specialized skills required of our employees. Under these circumstances, our quote is based upon the prevailing wage rates for our classification, in the project's specific geographic location. In addition, should the contract be awarded to our company, we would need to submit an SF1444 requesting a wage conformance to include a worker classification for Telecommunications / Voice / Data / Video technicians. FEDERAL SUBCONTRACTOR STATUS If applicable, the parties hereby incorporate the requirements of 41 CFR §§60 1.4 (a) (7), and 29 CFR Part 471, Appendix A to Subpart A. If applicable, this contractor and subcontractor shall also abide by the requirements of 41 CFR § 60 300.5 (a) and 41 CFR § 60 741.5 (a). These regulations prohibit discrimination against qualified protected veterans and qualified individuals on the basis of disability, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities. BUILDING CODES All work performed under this agreement shall comply with applicable building codes. Any additional work required by the Building Department beyond the agreement of this contract is not the responsibility of NetPlanner Systems, Inc. Terms and Conditions Proprietary and Confidential NetPlanner Systems, Inc. ASBESTOS AND OTHER HAZARDOUS MATERIALS It is the obligation of the Customer to determine if the structure covered by this contract contains asbestos and/or other hazardous materials. This proposal and contract does not include any provision (neither monetary provisions nor time-schedule provisions) to cover the unforeseen hazards or additional work necessitated by removal of asbestos and/or other hazardous materials. If asbestos and/or other hazardous materials are discovered after work is already in progress, and if the asbestos and/or other hazardous materials represent a changed condition from those described in the plans and specifications, then NetPlanner Systems, Inc. shall be entitled to additional compensation and an increase in time for completion of the project. DocuSign Envelope ID: FDBA7E76-DFF9-4C2E-9D34-9390DEA99D4F 1229 Perry Road, Suite 109 Apex, NC 27502 Direct: (919) 290-8011 Cell: (770) 833-7643 andrew.rakestraw@netplanner.com Atlanta, GA ● Augusta, GA ● Columbus, GA ● Savannah, GA ● Raleigh, NC Corporate Headquarters: 3145 Northwoods Parkway, Suite 800 ● Norcross, GA 30071 Office: (770) 662-5482 ● Fax: (770) 441-3773 ● Toll-Free: (800) 795-1975 www.netplanner.com EXISTING CONDITIONS NetPlanner Systems, Inc. makes no representation of existing conditions and assumes no responsibility of condition for any of the Customer's equipment that may or may not be relocated or affected by NetPlanner Systems, Inc.'s work. HIDDEN DEFECTS It is acknowledged that hidden defects, faulty wiring, or other defective components of existing systems may need to be updated or replaced in order to properly complete the above-quoted work, and further acknowledged that the expense, if any, will be the responsibility of the Customer. PATHWAYS All conduits installed by others are assumed to be passable. NetPlanner Systems, Inc. is not responsible for repairing or replacing pathways installed by others. Any conduits routing below foundation grade must be identified by the Customer so that NetPlanner Systems, Inc. can properly specify outdoor rated cable. Failure to identify such conduits will result in cable being replaced at additional cost to Customer. Indoor cable routing below foundation grade will not be warranted by NetPlanner Systems, Inc. LIENS NetPlanner Systems, Inc. retains the right to file a mechanic's lien and will not indemnify Customer and/or Lessee against all claims or liens filed by NetPlanner Systems, Inc. Indemnity shall include costs and attorneys' fees. FINANCE CHARGES Any contract payment or invoice amount not paid by the due date shall be considered delinquent and shall bear interest at the rate of one and one-half percent (1 1/2%) per month on the outstanding balance. If steps shall be taken, whether by suit or otherwise, to collect any sum including interest which has become delinquent, the Customer agrees to pay all costs thereby incurred, including any reasonable collector's fees, attorney fees, and court costs. INDEMNITY AND LIABILITY NetPlanner Systems, Inc.'s obligation to indemnify Customer or any other party shall be limited to the extent the loss, cost, expense, claim or demand for which indemnification is sought (i) arises out of or results from the negligence of NetPlanner Systems, Inc., its employees and subcontractors, and (ii) arises out of bodily injury (including death) or DocuSign Envelope ID: FDBA7E76-DFF9-4C2E-9D34-9390DEA99D4F 1229 Perry Road, Suite 109 Apex, NC 27502 Direct: (919) 290-8011 Cell: (770) 833-7643 andrew.rakestraw@netplanner.com Atlanta, GA ● Augusta, GA ● Columbus, GA ● Savannah, GA ● Raleigh, NC Corporate Headquarters: 3145 Northwoods Parkway, Suite 800 ● Norcross, GA 30071 Office: (770) 662-5482 ● Fax: (770) 441-3773 ● Toll-Free: (800) 795-1975 www.netplanner.com damage to tangible property of third parties. The indemnity shall not be interpreted to make NetPlanner Systems, Inc. liable for the negligence of any other party, nor for loss or damage to property or existing facilities of the Customer at or near the site of the Work. NetPlanner Systems, Inc. shall not be liable for any special or consequential damages, loss of profits, interest penalties or fines. Customer must make written demand for indemnity promptly after a claim is made against it. NetPlanner Systems, Inc. absolves itself of any liability due to omissions or failures to perform by any engineering firm, consultant or other party engaged by the Customer. NetPlanner Systems, Inc. shall in no way be held responsible for making the proposed system fully operational if faulty design from any party not hired by NetPlanner Systems, Inc. is the cause for such failure to become operational. WARRANTY NetPlanner Systems, Inc. hereby guarantees that the work shall be free from defects in labor for one (1) year from the date of completion of the project. NetPlanner Systems, Inc.'s liability for breach of warranty or failure or defect in performance of the Contract shall be limited to re-performing corrective services of the type originally performed by NetPlanner Systems, Inc. with its own forces, beginning at final completion and continuing for twelve (12) months thereafter, provided NetPlanner Systems, Inc. receives written notice of defective work within the warranty period. Materials and active hardware are warranted as specified by individual manufacturers and not by NetPlanner Systems, Inc. NetPlanner Systems, Inc. will exchange any defective equipment at no labor cost for a period of 30 days. After 30 days, the Customer is responsible for exchanging defective equipment. NetPlanner Systems, Inc. can install exchanged equipment on a time and materials basis. NetPlanner Systems, Inc. reserves the right to repair or replace defective items and will not compensate others for repair or replacement services. ACKNOWLEDGEMENTS This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, representations, commitments, understandings or agreements between the parties, either written or oral. This Agreement shall not be changed or modified by any oral agreement or any other agreement unless the same is in writing and signed by the party against whom enforcement of the change, modification or discharge is sought. If NetPlanner Systems, Inc.'s proposal is made a part of this Agreement and said proposal contains DocuSign Envelope ID: FDBA7E76-DFF9-4C2E-9D34-9390DEA99D4F 1229 Perry Road, Suite 109 Apex, NC 27502 Direct: (919) 290-8011 Cell: (770) 833-7643 andrew.rakestraw@netplanner.com Atlanta, GA ● Augusta, GA ● Columbus, GA ● Savannah, GA ● Raleigh, NC Corporate Headquarters: 3145 Northwoods Parkway, Suite 800 ● Norcross, GA 30071 Office: (770) 662-5482 ● Fax: (770) 441-3773 ● Toll-Free: (800) 795-1975 www.netplanner.com any terms or conditions inconsistent with the terms and conditions of this Agreement Form, then this Agreement Form shall govern. ACCEPTANCE NetPlanner Systems, Inc. is hereby authorized to perform the work as specified. Payment shall be made as outlined above. Customer agrees this proposal constitutes in its entirely all that will be provided by NetPlanner Systems, Inc. Customer's signature certifies acceptance of the terms and conditions set forth in this proposal and posted at www.netplanner.com/termsandconditions. If this proposal is distributed by e-mail, then replying to such e-mail with the subject or message "I Accept" or any request by the Customer for NetPlanner Systems, Inc. to begin work on this project will constitute full acceptance of the terms and conditions set forth in this proposal and posted at www.netplanner.com/termsandconditions.pdf. Customer NetPlanner Systems, Inc. Authorized Signature: Authorized Signature: _ _ _ _ Printed Name: _ _ Printed Name: _ _ Title: _ _ Title: _ _ Date: _ _ Date: _ _ RE: AR20215 – Orange County, North Carolina – RFP No. 367-OC 5301 – Change Order 4 DocuSign Envelope ID: FDBA7E76-DFF9-4C2E-9D34-9390DEA99D4F