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HomeMy WebLinkAboutRequest to Purchase - Facilities & MaintenanceBoard of County Commissioners Re: Request to Continue Keyless Access Dear BOCC, '•ac's' � t 4 •, t . � .s.+�s..:dzow� Grant County Facilities & Maintenance POBox 37 Ephrata WA 98823 (509) 754-2011 Ext -3272 April 26, 2021 Last year Grant County began a project in which keyless access control for certain buildings and doors located at the Grant County Ephrata C Street campus. Convergint was selected as the turnkey integrator for this project as they are the regional partner with Lenel, who's security systems and service meet Grant County's requirements. This system allows access to buildings and spaces via programmed badges. In continuation of this project, the Moses Lake Wheeler Road facilities has an additional three doors that would be beneficial to staff for access and security. The ones to be added are the main hallway door to probation, the District Court outside door next to the WSU, and the main entry to Probation. The cost for these and the additional controls will be $13,826.02. The project will be funded from REET 1 expense account 126.168.00.9112.594186401. In is my opinion that Grant County should continue implementing the Lenel Access control and therefore I am requesting permission from the Grant County Board of Commissioners to proceed. Sincerely, 51�0w4t sd"6& Kevin Schmidt Manager Grant County, Wa Facilities & Maintenance Department `c+c'wr' nF' F tj 13 , �A x5 l3 Rw4Q Y �.: 4 d Dated this _" vL�. day of Board of County Commissioders Grant. County, Washington Appr9ve Disapprove Abstain Dist #1 Dist # I Dist # I Dist #2 Dist # 2 Dist # 2 Dist #3 mist # 3 Dist # 3 Kevin Schmidt Manager Facilities and Maintenance Kschmidt@grantcountywa.gov "To meet current and future needs, serving together with public and private entities, while fostering a respectful and successful work environment" *JnP co T E C - ES Making a Daily Difference April 21, 2021 Grant County Central Services Grant County District Court/WSU Building 1525 E Wheeler Road Moses Lake, Washington 98837 Attention: Reference: CO2 Add 3 CR 450 Shattuck Ave, Renton,Washington 98507 Phone 425-272-2250 Mobile 206-306-3272 warren.teafatiller�convergint.com Quotation: WT00352532P RFP#: License/Cert On behalf of our thousands of global colleagues, I want to personally thank you for considering Convergint Technologies for this project and for providing us with the opportunity to present this proposal addressing your electronic security needs. We are confident that this proven solution is both comprehensive and customized to meet your needs today and in the years ahead. Convergint Technologies met with Grant County officials to support a request to add security for the Grant County Building "Moses Lake District Court / WSU Building" located at 1525 -Wheeler Rd Moses Lake, WA 98837. Convergint has prepared pricing in accordance with the rate schedule per Blanket Contract 4488. Intent to file prevailing wage per WACs Title 296 Chapter 296-127-01322. Electronic Technician Chapter 39.12 RCW Rate as of 11/1/2019 ($53.57) Moses Lake District Court I WSU Building SCOPE OF WORK This is a Convergint Technologies security proposal to Grant County for the Grant County property located at 1525 -Wheeler Rd Moses Lake, WA 98837. This project design was based on a site walk with Convergint contractors, Grant County personnel and renderings provided by Grant County. A site walk was completed with no documentation. 'UNITED STATES • CANADA • ASIA PACIFIC • EUROPE 0 District Court /VVSU Building MDF ACCESS CONTROL FIELD DEVICES o Two (1)UNL-132O o Three (3)Card Readers, REX'sand Door Contacts o Three (3) Electrified door hardware o Cabling tosupport the three (])doors Reference Doors l. North center exit door 2. Center hall toprobation door Materials Page 2 of 6 Part—. ip tion Un' it PHC6 Proice 1 Grant County District Court WSU Moses Lake 2 Blanket Contract # 4488 3 ON CONTRACT MATERIAL DISCOUNT PER 4488 4 OFF CONTRACT MATERIAL 25% Mark-up Per Contract -5 Dual Reader Interface Module (Series 3 —Supports W/Mj 8 inputs, 6 (5A) form C relays, RoHS, CE, C -Tick and UL294 certified 8 3.00 DS160 REQUEST TO EXIT PIR LIGHT GREY $ 78.30 $ 234.90 10 3.00 1078CW-G MAGNETIC CONTACTS/ 3/4" GREY STEEL DOOR $ 10.70 $ 32.10 I RECESSED CLOSED LOOP/WIDE GAP Page 2 of 6 Clarifications and Exclusion 1.All work proposed herein, shall be performed during normal business hours Monday through Friday 8:OOarn-SIX]pm. 2. Low voltage wiring shall beinstalled via open air code approved methods. 3. Provision orinstallation ofconduit, wire, boxes, fittings orother electrical installation materials unless specifically listed under Inclusions or Bill of Materials. 4. Permits orassociated fees are not included. S. Customer to provide static IP addresses and network connections at panel locations. 6. Customer toprovide asecured staging & storage area for project re\atedrnateha\s. 7. Pricing assumes that electronic Auto CAD files are available from customer for our use in creating submittal drawings. 0. Twenty -Five percent (25%) of the proposed sell price shall be payable to Convergint Technologies for project mobilization. Mobilization shall be invoiced and due upon customer acceptance ofthis proposal. 9. Proposal does not include sales tax unless otherwise noted. 10. Anything in the Contract Documents notwithstanding, in no event shall either Contractor or Subcontractor be liable for special, indirect, incidental or consequential damages, including commercial loss, loss of use, or lost profits, even if either party has been advised of the possibility ofsuch damages. Il. CoDveqgiDLTechnologies n83erveStherighLtODegOtia[eDlUtUGllyGCCep[8bieCODtraC[terDlSand conditions with customer bymaking mutually agreeable changes tothe formal contract included in the Bid Documents. Page 3 of 6 Hot Performance Items Panel wiring with point topoint connections Payment & Performance Bonds Riser drawingwithhome -run wiri-ng- SpedaltvBackboxes System Engineering System Meets Plans/Drawings Terminal Cabinets Vertical Core Drilling Workstations by Convergint CAD) Patch and Paint Record Documentation A\sBuihi Servers byConvergint _ Submittal Drawings System isDesign-Build System Programming Termination ofControl Equipment Enclosures Page 4 of 6 Installation ofWire and Cable Material (listed inthe BOM) One -Year Warranty onLabor One -Year Warranty onParts Project Management Servers bvOthers Testing ofall Proposed Devices Workstations byOthers 120 VAC Power and Fused Disconnect Switch 120 VAC Power Receptacles Additional Lighting Requirements for Cameras Applicable Taxes Attend General Contractor Project Meetings Attend Owner Project Meetings Authority having Jurisdiction permit drawing Cable (requires customer CAD) Ceiling Tiles and Ceiling Grid Repairs Connection toBuilding Fire Alarm Panel Correction nfWiring Faults Caused bvOthers Door wiring typical connections Electrical Installation Permit Electrified Door Locking Hardware Engineering and Drawings Equipment rack layout drawing FAPermit and Plan Review Fees Fire Stopping (Excludes Existing Penetrations) Fire Watch Floor Coverings for Lifts Floor plan with device placement and numbering Freight (prepaid) (requires customer CAD) Horizontal Core Drilling Installation of Bridle Rings Installation ofCCTV Cameras Installation ofConduit, Boxes and Fittings Installation ofControl Equipment Enclosures Installation ofControl Panels Installation of Intercom Systems Installation of Intrusion Panels Installation of Low Voltage Wire Installation ofNetwork Cabling Lo Card Readers Installation of Network Cabling to |P Cameras Installation of Network Cabling to |P Intercoms Installation ofSpecialty Backboxes Installation of Terminal Cabinets Installation ofVideo Recorders (DVR/NVR) Installation ofWire Hangars Lifts Loading Software onCustomer Provided Computer Low Voltage Permits Mounting/Termination ofProposed Devices On -Site Lockable Storage Facility Operations & Maintenance Manuals Owner toProvide DHCPLease Reservations for Owner toProvide Static |PAddresses Network Connected Devices Owner Training Panel Wall Elevation drawing (may require customer Panel wiring with point topoint connections Payment & Performance Bonds Riser drawingwithhome -run wiri-ng- SpedaltvBackboxes System Engineering System Meets Plans/Drawings Terminal Cabinets Vertical Core Drilling Workstations by Convergint CAD) Patch and Paint Record Documentation A\sBuihi Servers byConvergint _ Submittal Drawings System isDesign-Build System Programming Termination ofControl Equipment Enclosures Page 4 of 6 g Total Project Investment: $ 11,,929.46 Thank you for considering Convergint Technologies for your Security needs. If you have any questions or would like additional information, please don't hesitate to contact me immediately. If you would like to proceed with the scope of work as outlined in this proposal, please sign below and return to my attention. Sincerely, Warren Teafatiller Convergint Technologies Warren Teafatiller By signing below, I accept this proposal and agree to the Terms and Conditions contained herein Citidy- CaAer, BOCC Chair Customer Name (Printed) Customer e I ) 11 w AZ V Autho ed Signature Page 5 of 6 �� � 1-01 1 A zi Date C Title Convergint Technologies' Install Terms & Conditions Throughout this Installation Proposal, the term, "Convergint" refers to the Convergint Technologies affiliate operating in the state/province in which the work is being performed. SECTION 1. THE WORK This Installation Proposal takes precedence over and supersedes any and all prior proposals, correspondence, and oral agreements or representations relating to the work set forth in the attached scope of work ("Work"). This Installation Proposal commences on the Start Date as specified in the attached scope of work and represents the entire agreement between Convergint and Customer (the "Agreement"). In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force. Convergint agrees in accordance with the mutually agreed project schedule: a. To submit shop drawings, product data, samples and similar submittals if required in performing the Work; b. To pay for all labor, materials, equipment, tools, supervision, programming, testing, startup and documentation required to perform the Work in accordance with the Agreement; c. Secure and pay for permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, unless local regulations provide otherwise; and d. Hire subcontractors and order material to perform part of the Work, if necessary, while remaining responsible for the completion of theWork. Customer agrees in accordance with the mutually agreed project schedule, and at no cost to Convergint: a. To promptly approve submittals provided by Convergint; b. To provide access to all areas of the facility which are necessary to complete the Work; c. To supply suitable electrical service as required by Convergint;and d. That in the event of any emergency or systems failure, reasonable safety precautions will be taken by Customer to protect life and property during the period of time from when Convergint is first notified of the emergency or failure and until such time that Convergint notifies the Customer that the systems are operational or that the emergency has cleared. No monitoring services are included in the Work. Any such services shall be governed by a separate agreement. Title to the Work, including any materials comprising the Work, shall pass to Customer as the Work is completed and the materials are incorporated into the Work at Customer's site. If materials are earlier stored on Customer's site pursuant to agreement between Customer and Convergint, title with respect to such materials shall pass to Customer upon delivery to Customer site. SECTION 2. PRICING Pricing and amounts proposed shall remain valid for 30 days unless otherwise specified. Price includes only the material listed based on Convergint's interpretation of plans and specifications unless noted otherwise. Additional equipment, unless negotiated prior to order placement, will be billed accordingly. Sales taxes, (and in Canada GST/PST) and any other taxes assessed on Customer shall be added to the price upon invoice to Customer. SECTION 3. INVOICE REMITTANCE AND PAYMENT If the Work is performed over more than a month, Convergint will invoice Customer each month for the Work performed during the previous month. Customer agrees to pay the amount due to Convergint as invoiced, within thirty (30) days of the date of such invoice. If the Work is completed in less than one month, Customer agrees to pay Convergint in full after the Work has been performed within thirty (3 0) days of the date of being invoiced. Invoices shall not include or be subject to a project retention percentage. If Customer is overdue in any payment to Convergint, Convergint shall be entitled to suspend the Work until paid, and charge Customer an interest rate 1 and 1/2% percent per month, (or the maximum rate permitted by law, whichever is less), and may avail itself of any other legal or equitable remedy. Customer shall reimburse Convergint costs incurred in collecting any amounts that become overdue, including attorney fees, court costs and any other reasonable expenditure. SECTION 4. WARRANTY Convergint provides the following SOLE AND EXCLUSIVE warranty to the Customer: For the period of one (1) year, commencing at the earlier of substantial completion of the Work, or first beneficial use, ("Warranty Period"): a. That Work performed under this Agreement will be ofgood quality; b. That all equipment will be new unless otherwise required or permitted by this Agreement; C. That the Work will be free from defects not inherent in the quality required or permitted; and d. That the Work will conform to the requirements ofthis Agreement. The Customer's sole remedy for any breach of this warranty is that Convergint shall remove, replace and/or repair at its own expense any defective or improper Work, discovered within the Warranty Period, provided Convergint is notified in writing of any defect within the Warranty Period. Any equipment or products installed by Convergint in the course of performing the Work hereunder shall only carry such warranty as is provided by the manufacturer thereof, which Convergint hereby assigns to Customer without recourse to Convergint. Upon request of Customer, Convergint will use commercially reasonable efforts to assist Customer in enforcing any such third -party warranties. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by Convergint, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. NO FURTHER WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER THIS AGREEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. SECTION 5. CHANGES Without invalidating this Agreement or any bond given hereunder, Customer or Convergint may request changes in the Work. Any changes to the Agreement shall be in writing signed by both Customer and Convergint. If Customer orders any additional work or causes any material interference with Convergint's performance of the Work, Convergint shall be entitled to an equitable adjustment in the time for performance and in the Agreement Price, including a reasonable allowance for overhead and profit. SECTION 6. FORCE MAJEURE Neither Customer nor Convergint shall be responsible or liable for, shall incur expense for, or be deemed to be in breach of this Agreement because of any delay in the performance of their respective obligations pursuant to this Agreement due solely to circumstances beyond their reasonable control ("Force Majeure") and without the fault or negligence of the party experiencing such delay. A Force Majeure event shall include, but not be limited to: accident, fire, storm, water, flooding, negligence, vandalism, power failure, installation of incompatible equipment, improper operating procedures, source current fluctuations or lighting. If performance by either party is delayed due to Force Majeure, the time for that performance shall be extended for a period of time reasonably necessary to overcome the effect of the delay. Any Services required by Convergint due to reasons set forth in this Force Majeure Section shall be charged to Customer in addition to any amounts due under this Agreement. Convergint Technologies Install Terms and Conditions Version 1.12 June 2020 SECTION 7. INSURANCE Convergint shall have the following insurance coverage during the term of this Agreement, and shall provide certificates of insurance to the Customer prior to beginning work hereunder: Worker's Compensation Statutory Limits Employer's Liability $1,000,000 per occurrence/aggregate Commercial General Liability $1,000,000 per occurrence/aggregate $2,000,000 general aggregate Automobile Liability $1,000,000 per occurrence/aggregate Excess/Umbrella Liability $10,000,000 per occurrence/aggregate All insurance policies carried by Convergint shall be primary to and noncontributory with the insurance afforded to Customer and shall name the Customer as "additional insured", with respect to liability arising out of work performed by Convergint, as applicable, but only to the extent of liabilities falling within the indemnity obligations of Convergint, pursuant to the terms of this Agreement. Convergint shall provide to the Customer no less than thirty (30) days' notice prior to the termination or cancellation of any such insurance policy. SECTION 8. INDEMNIFICATION Convergint shall indemnify and hold Customer harmless from and against claims, damages, losses and expenses, attributable to bodily injury, sickness, disease or death, or to destruction of tangible property, but only to the extent caused by: a) the negligent or willful acts or omissions of Convergint or Convergint's employees or subcontractors while on Customer's site, or b) the malfunction of the equipment supplied by Convergint, or c) Convergint's breach of this Agreement. IN NO EVENT SHALL EITHER CONVERGINT OR CUSTOMER BE LIABLE TO THE OTHER PARTY HERETO FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING COMMERCIAL LOSS, LOSS OF USE OR LOST PROFITS, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CONVERGINT BE LIABLE TO CUSTOMER FOR ANY AMOUNTS IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO CONVERGINT. It is understood and agreed by the parties hereto that Convergint is or may be providing intrusion products which are designed to provide notification of certain events but are not intended to be guarantees or insurers against any acts for which they are supposed to monitor or inform. Convergint's indemnification obligation pursuant to Section 8 herein, does not apply to the extent the loss indemnified against is caused by any intrusion product or software provided by but not manufactured by Convergint. Convergint shall have no liability to Customer for any losses to the extent such losses are caused by the intrusion product or software. Customer shall indemnify, defend, and hold harmless Convergint, from and against all claims, lawsuits, damages, losses and expenses by persons not a party to this Agreement, but only to the extent caused by such intrusion product or software provided by but not manufactured by Convergint. SECTION 9. COMPLIANCE WITH LAW, SAFETY, & HAZARDOUS MATERIALS This Agreement shall be governed and construed in accordance with the laws of the state/province in which the Work is being performed. Convergint agrees to comply with all laws and regulations relating to or governing its provision of the Work. Convergint shall comply with all safety related laws and regulations and with the safety program of the Customer, provided such program is supplied to Convergint prior to beginning work. In the event that Convergint discovers or suspects the presence of hazardous materials, or unsafe working conditions at Customer's facility where the Work is to be performed, Convergint is entitled to stop the Work at that facility if such hazardous materials, or unsafe working conditions were not provided by or caused by Convergint. Convergint in its sole discretion shall determine when it is "safe" to return to perform the Work at Customer's facility. Convergint shall have no responsibility for the discovery, presence, handling, removing or disposal of or exposure of persons to hazardous materials in any form at the Customer's facility. Customer shall indemnify and hold harmless Convergint from and against claims, damages, losses and expenses, including but not limited to, reasonable attorney's fees, arising out of or resulting from undisclosed hazardous materials, or unsafe working conditions at Customer's facility. Customer acknowledges that applicable law or regulation may limit Customer's rights and impose obligations with respect to information or data obtained using software capable of obtaining what may in certain circumstances be characterized as biometric information (individually and collectively, the "Software") and agrees that Customer is solely responsible to ensure its own compliance with such laws or regulations. Customer shall completely indemnify, defend (including pay attorneys' fees and disbursements), and hold harmless Convergint, its affiliates, and any employees, agents, contractors or representatives of any of the foregoing from and against any and all losses, liability, damages, penalties, expenses, claims, demands, actions, or causes of action, judgments (finally awarded) or settlements (individually and collectively, "Liabilities") arising from or related to any intentional or negligent acts or omissions of Customer or any of its agents, affiliates, employees, or representatives arising from or related to the Software, any hardware, software, or other services associated with the Software, or the use of any of the foregoing by or on behalf of Customer, including but not limited to those arising from or related to Customer's failure to comply with applicable laws or regulations related to its use of the Software or any hardware, software, or other services associated with the Software, including but not limited to the Customer's failure to obtain any necessary consents from affected individuals or provide any necessary disclosures or protections with respect to the information of such individuals under any applicable privacy or data security law, but excluding matters for which Convergint has agreed to indemnify Customer from and against third party claims for copyright and trade secret infringement under the terms of the End User License Agreement for the Software between Convergint and Customer. Notwithstanding the foregoing, Customer and Convergint agree that Liabilities suffered by a third party (other than an affiliate of Convergint) which are an element of loss subject to indemnification under this paragraph shall be deemed direct damages. SECTION 10. DISPUTES In the event of any dispute between Convergint and Customer, Convergint and Customer shall first attempt to resolve the dispute in the field, but if that is not successful, then in a meeting between authorized officers of each company. If settlement attempts are not successful, then the dispute shall be decided exclusively by arbitration. Such arbitration shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect and shall be a final binding resolution of the issues presented between the parties. The prevailing party shall be entitled to recover its reasonable attorneys' fees and costs. SECTION 11. MISCELLANEOUS Neither party to this Agreement shall assign this Agreement without the prior written consent of the other party hereto. Convergint may assign this Agreement to any of its parents, subsidiaries or affiliated companies or any entity majority owned by Convergint. Notices shall be in writing and addressed to the other party, in accordance with the names and addresses of the parties as shown above. All notices shall be effective upon receipt by the party to whom the notice was sent. A waiver ofthe terms hereunder by one party to the other party shall not be effective unless in writing and signed by a person with authority to commit the Customer or Convergint and delivered to the non -waiving party according to the notice provision herein. No waiver by Customer or Convergint shall operate as a continuous waiver, unless the written waiver specifically states that it is a continuous waiver of the terms stated in that waiver. The Sections regarding invoicingwarranty, and indemnity, and disputes shall survive the termination of this Agreement. .__ . ^.___�- Uwe co T E CH E S Making a Daily Difference April 21, 2021 Grant County Central Services Grant County District Court/WSU Building 1525 E Wheeler Road Moses Lake, Washington 98837 Attention: Reference: C01 Add CR 450 Shattuck Ave, Renton,Washington 98507 Phone 425-272-2250 Mobile 206-306-3272 warren.teafatiller@convergint.com Quotation: WT00352517P RFP#: License/Cert On behalf of our thousands of global colleagues, I want to personally thank you for considering Convergint Technologies for this project and for providing us with the opportunity to present this proposal addressing your electronic security needs. We are confident that this proven solution is both comprehensive and customized to meet your needs today and in the years ahead. Convergint Technologies met with Grant County officials to support a request to add security for the Grant,founty Building "Moses Lake District Court / WSU Building" located at 1525 -Wheeler Rd Moses Lake., WA 98837. Convergint has prepared pricing in accordance with the rate schedule per Blanket Contract 4488. Intent to file prevailing wage per WACs Title 296 Chapter 296-127-01322. Electronic Technician Chapter 39.12 RCW Rate as of 11/1/2019 ($53.57) Moses Lake District Court I WSU Building SCOPE OF WORK This is a Convergint Technologies security proposal to Grant County for the Grant County property located at 1525 -Wheeler Rd Moses Lake, WA 98837. This project design was based on a site walk with Convergint contractors,. Grant County personnel and renderings provided by Grant County. A site walk was completed with no documentation. UNITED STATES • CANADA • ASIA PACIFIC EUROPE 0 District Court / WSU Building MDF ACCESS CONTROL FIELD DEVICES o One (1) LNL-1320 o One (1) Card Readers Reference Doors 1. Separating Door District Court and WSU Materials Xte, de&' P 0 'w Ut Is Part . . : -b '' �. 1. . .. D ni Price ne �scribtldn. rice.. -1 Grant County District Court WSU Moses Lake 2 Blanket Contract # 4488 -3 ON CONTRACT MATERIAL DISCOUNT PER 4488 4 OFF CONTRACT MATERIAL 5 25% Mark-up Per Contract Dual Reader Interface Module (Series 3 —Supports 6 1.00 LNL-1320-S3 OSDP Readers) — 12/24 VDC, 2 Reader interface, 539.60 $ 539.60 W , 8 inputs, 6 (5A) form C relays, RoHS, CE, C -Tick and UL294 certified 7 1.00 920PMPNEK RDR, RP40 MULTICLASS SE E, LF 243.01 $ 243.01 1 IMA007 :Page 2 of 6 $ 782.61 $ 405.00 $ 290.00 $ 367.65 $ 51.30 $ 11896.56 5xc Clarifications and Exclusion 1. All work proposed herein, shall be performed during normal business hours Monday through Friday 8:00 am - 5:00 pm. 2. Low voltage wiring shall be installed via open air code approved methods. 3. Provision or installation of conduit, wire, boxes, fittings or other electrical installation materials unless specifically listed under Inclusions or Bill of Materials. 4. Permits or associated fees are not included. 5. Customer to provide static IP addresses and network connections at panel locations. 6. Customer to provide a secured staging & storage area for project related materials. 7. Pricing assumes that electronic Auto CAD files are available from customer for our use in creating submittal drawings. 8. Twenty -Five percent (25%) of the proposed sell price shall be payable to Convergint Technologies for project mobilization. Mobilization shall be invoiced and due upon customer acceptance of this proposal. 9. Proposal does not include sales tax unless otherwise noted. 10. Anything in the Contract Documents notwithstanding, in no event shall either Contractor or Subcontractor be liable for special, indirect, incidental or consequential damages, including commercial loss, loss of use, or lost profits, even if either party has been advised of the possibility of such damages. 11. Convergint Technologies reserves the right to negotiate mutually acceptable contract terms and conditions with customer by making mutually agreeable changes to the formal contract included in the Bid Documents. Page 3 of 6 ..•r.�_.. Tey .-�.. :... .., .. . .. .. ... .::.:/j F..� Performance Items CAD) Panel wiring with point to point connections It rd Installation of Wire and Cable Material (listed in the BOM) One -Year Warranty on Labor One -Year Warranty on Parts Project Management Servers by Others Testing of all Proposed Devices Workstations by Others .:.. e! cru 120 VAC Power and Fused Disconnect Switch 120 VAC Power Receptacles Additional Lighting Requirements for Cameras Applicable Taxes Attend General Contractor Project Meetings Attend Owner Project Meetings Authority having Jurisdiction permit drawing Cable (requires customer CAD) Ceiling Tiles and Ceiling Grid Repairs Connection to Building Fire Alarm Panel Correction of Wiring Faults Caused by Others Door wiring typical connections Electrical Installation Permit Electrified Door Locking Hardware Engineering and Drawings Equipment rack Layout drawing FA Permit and Plan Review Fees Fire Stopping (Excludes Existing Penetrations) Fire Watch Floor Coverings for Lifts Floor plan with device placement and numbering Freight (prepaid) (requires customer CAD) Horizontal Core Drilling Installation of Bridle Rings Installation of CCTV Cameras Installation of Conduit, Boxes and Fittings Installation of Control Equipment Enclosures Installation of Control Panels Installation of Intercom Systems Installation of Intrusion Panels Installation of Low Voltage Wire Installation of Network Cabling to Card Readers Installation of Network Cabling to IP Cameras Installation of Network Cabling to IP Intercoms Installation of Specialty Backboxes Installation of Terminal Cabinets Installation of Video Recorders (DVR/NVR) Installation of Wire Hangars Lifts Loading Software on Customer Provided Computer Low Voltage Permits Mounting/Termination of Proposed Devices On -Site Lockable Storage Facility Operations & Maintenance Manuals Owner to Provide DHCP Lease Reservations for Owner to Provide Static IP Addresses Network Connected Devices Owner Training Panel Wall Elevation drawing (may require customer CAD) Panel wiring with point to point connections Patch and Paint Payment & Performance Bonds Record Documentation (As -Built) Riser drawing with home run wiring Servers by Convergint Specialty Backboxes Submittal Drawings System Engineering System is Design -Build System Meets Plans/Drawings System Programming Terminal Cabinets Termination of Control Equipment Enclosures Vertical Core Drilling Wire Workstations by Convergint Page 4 of 6 Total Project Investment: $1,896.56 Thank you for considering Convergint Technologies for your Security needs. If you have any questions or would like additional information, please don't hesitate to contact me immediately. If you would like to proceed with the scope of work as outlined in this proposal, please sign below and return to my attention. Sincerely, Warren Teafatiller Convergint Technologies Warren Teafatiller By signing below, I accept this proposal and agree to the Terms and Conditions contained herein Cindy Carter, BOCC Chair Customer Name (Printed) &A '*\�Aut' rized Signature Page 5 of 6 Dite Convergint Technologies' Install Terms & Conditions Throughout this Installation Proposal, the term, "Convergint" refers to the Convergint Technologies affiliate operating in the state/province in which the work is being performed. SECTION 1. THE WORK This Installation Proposal takes precedence over and supersedes any and all prior proposals, correspondence, and oral agreements or representations relating to the work set forth in the attached scope of work ("Work"). This Installation Proposal commences on the Start Date as specified in the attached scope of work and represents the entire agreement between Convergint and Customer (the "Agreement"). In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force. Convergint agrees in accordance with the mutually agreed project schedule: a. To submit shop drawings, product data, samples and similar submittals if required in performing the Work; b. To pay for all labor, materials, equipment, tools, supervision, programming, testing, startup and documentation required to perform the Work in accordance with the Agreement; c. Secure and pay for permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, unless local regulations provide otherwise; and d. Hire subcontractors and order material to perform part of the Work, if necessary, while remaining responsible for the completion of theWork. Customer agrees in accordance with the mutually agreed project schedule, and at no cost to Convergint: a. To promptly approve submittals provided by Convergint; b. To provide access to all areas of the facility which are necessary to complete the Work; c. To supply suitable electrical service as required by Convergint;and d. That in the event of any emergency or systems failure, reasonable safety precautions will be taken by Customer to protect life and property during the period of time from when Convergint isfirst notified of the emergency or failure and until such time that Convergint notifies the Customer that the systems are operational or that the emergency has cleared. No monitoring services are included in the Work. Any such services shall be governed by a separate agreement. Title to the Work, including any materials comprising the Work, shall pass to Customer as the Work is completed and the materials are incorporated into the Work at Customer's site. If materials are earlier stored on Customer's site pursuant to agreement between Customer and Convergint, title with respect to such materials shall pass to Customer upon delivery to Customer site. SECTION 2. PRICING Pricing and amounts proposed shall remain valid for 30 days unless otherwise specified. Price includes only the material listed based on Convergint's interpretation of plans and specifications unless noted otherwise. Additional equipment, unless negotiated prior to order placement, will be billed accordingly. Sales taxes, (and in Canada GST/PST) and any other taxes assessed on Customer shall be added to the price upon invoice to Customer. SECTION 3. INVOICE REMITTANCE AND PAYMENT If the Work is performed over more than a month, Convergint will invoice Customer each month for the Work performed during the previous month. Customer agrees to pay the amount due to Convergint as invoiced, within thirty (30) days of the date of such invoice. If the Work is completed in less than one month, Customer agrees to pay Convergint in full after the Work has been performed within thirty (30) days of the date of being invoiced. Invoices shall not include or be subject to a project retention percentage. If Customer is overdue in any payment to Convergint, Convergint shall be entitled to suspend the Work until paid, and charge Customer an interest rate 1 and 1/2% percent per month, (or the maximum rate permitted by law, whichever is less), and may avail itself of any other legal or equitable remedy. Customer shall reimburse Convergint costs incurred in collecting any amounts that become overdue, including attorney fees, court costs and any other reasonable expenditure. SECTION 4. WARRANTY Convergint provides the following SOLE AND EXCLUSIVE warranty to the Customer: For the period of one (1) year, commencing at the earlier of substantial completion of the Work, or first beneficial use, ("Warranty Period"): a. That Work performed under this Agreement will be ofgood quality; b. That all equipment will be new unless otherwise required or permitted by this Agreement; C, That the Work will be free from defects not inherent in the quality required or permitted; and d. That the Work will conform to the requirements ofthis Agreement. The Customer's sole remedy for any breach of this warranty is that Convergint shall remove, replace and/or repair at its own expense any defective or improper Work, discovered within the Warranty Period, provided Convergint is notified in writing of any defect within the Warranty Period. Any equipment or products installed by Convergint in the course of performing the Work hereunder shall only carry such warranty as is provided by the manufacturer thereof, which Convergint hereby assigns to Customer without recourse to Convergint. Upon request of Customer, Convergint will use commercially reasonable efforts to assist Customer in enforcing any such third -party warranties. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by Convergint, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. NO FURTHER WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER THIS AGREEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRES SLY DISCLAIMED. SECTION 5. CHANGES Without invalidating this Agreement or any bond given hereunder, Customer or Convergint may request changes in the Work. Any changes to the Agreement shall be in writing signed by both Customer and Convergint. If Customer orders any additional work or causes any material interference with Convergint's performance of the Work, Convergint shall be entitled to an equitable adjustment in the time for performance and in the Agreement Price, including a reasonable allowance for overhead and profit. SECTION 6. FORCE MAJEURE Neither Customer nor Convergint shall be responsible or liable for, shall incur expense for, or be deemed to be in breach of this Agreement because of any delay in the performance of their respective obligations pursuant to this Agreement due solely to circumstances beyond their reasonable control ("Force Majeure") and without the fault or negligence of the party experiencing such delay. A Force Majeure event shall include, but not be limited to: accident, fire, storm, water, flooding, negligence, vandalism, power failure, installation of incompatible equipment, improper operating procedures, source current fluctuations or lighting. If performance by either party is delayed due to Force Majeure, the time for that performance shall be extended for a period of time reasonably necessary to overcome the effect of the delay. Any Services required by Convergint due to reasons set forth in this Force Majeure Section shall be charged to Customer in addition to any amounts due under this Agreement. Convergint Technologies Install Terms and Conditions Version 1.12 June 2020 SECTION 7. INSURANCE Convergint shall have the following insurance coverage during the term of this Agreement, and shall provide certificates of insurance to the Customer prior to beginning work hereunder: Worker's Compensation Statutory Limits Employer's Liability $1,000,000 per occurrence/aggregate Commercial General Liability $1,000,000 peroccurrence/aggregate $2,000,000 general aggregate Automobile Liability $1,000,000 per occurrence/aggregate Excess/Umbrella Liability $10,000,000 per occurrence/aggregate All insurance policies carried by Convergint shall be primary to and noncontributory with the insurance afforded to Customer and shall name the Customer as "additional insured", with respect to liability arising out of work performed by Convergint, as applicable, but only to the extent of liabilities falling within the indemnity obligations of Convergint, pursuant to the terms of this Agreement. Convergint shall provide to the Customer no less than thirty (30) days' notice prior to the termination or cancellation of any such insurance policy. SECTION 8. INDEMNIFICATION Convergint shall indemnify and hold Customer harmless from and against claims, damages, losses and expenses, attributable to bodily injury, sickness, disease or death, or to destruction of tangible property, but only to the extent caused by: a) the negligent or willful acts or omissions of Convergint or Convergint's employees or subcontractors while on Customer's site, or b) the malfunction of the equipment supplied by Convergint, or c) Convergint's breach of this Agreement. IN NO EVENT SHALL EITHER CONVERGINT OR CUSTOMER BE LIABLE TO THE OTHER PARTY HERETO FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING COMMERCIAL LOSS, LOSS OF USE OR LOST PROFITS, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT WILL CONVERGINT BE LIABLE TO CUSTOMER FOR ANY AMOUNTS IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO CONVERGINT. It is understood and agreed by the parties hereto that Convergint is or may be providing intrusion products which are designed to provide notification of certain events but are not intended to be guarantees or insurers against any acts for which they are supposed to monitor or inform. Convergint's indemnification obligation pursuant to Section 8 herein, does not apply to the extent the loss indemnified against is caused by any intrusion product or software provided by but not manufactured by Convergint. Convergint shall have no liability to Customer for any losses to the extent such losses are caused by the intrusion product or software. Customer shall indemnify, defend, and hold harmless Convergint, from and against all claims, lawsuits, damages, losses and expenses by persons not a party to this Agreement, but only to the extent caused by such intrusion product or software provided by but not manufactured by Convergint. SECTION 9. COMPLIANCE WITH LAW, SAFETY, & HAZARDOUS MATERIALS This Agreement shall be governed and construed in accordance with the laws of the state/province in which the Work is being performed. Convergint agrees to comply with all laws and regulations relating to or governing its provision of the Work. Convergint shall comply with all safety related laws and regulations and with the safety program of the Customer, provided such program is supplied to Convergint prior to beginningwork. In the event that Convergint discovers or suspects the presence of hazardous materials, or unsafe working conditions at Customer's facility where the Work is to be performed, Convergint is entitled to stop the Work at that facility if such hazardous materials, or unsafe working conditions were not provided by or caused by Convergint. Convergint in its sole discretion shall determine when it is "safe" to return to perform the Work at Customer's facility. Convergint shall have no responsibility for the discovery, presence, handling, removing or disposal of or exposure of persons to hazardous materials in any form at the Customer's facility. Customer shall indemnify and hold harmless Convergint from and against claims, damages, losses and expenses, including but not limited to, reasonable attorney's fees, arising out of or resulting from undisclosed hazardous materials, or unsafe working conditions at Customer's facility. Customer acknowledges that applicable law or regulation may limit Customer's rights and impose obligations with respect to information or data obtained using software capable of obtaining what may in certain circumstances be characterized as biometric information (individually and collectively, the "Software") and agrees that Customer is solely responsible to ensure its own compliance with such laws or regulations. Customer shall completely indemnify, defend (including pay attorneys' fees and disbursements), and hold harmless Convergint, its affiliates, and any employees, agents, contractors or representatives of any of the foregoing from and against any and all losses, liability, damages, penalties, expenses, claims, demands, actions, or causes of action, judgments (finally awarded) or settlements (individually and collectively, "Liabilities") arising from or related to any intentional or negligent acts or omissions of Customer or any of its agents, affiliates, employees, or representatives arising from or related to the Software, any hardware, software, or other services associated with the Software, or the use of any of the foregoing by or on behalf of Customer, including but not limited to those arising from or related to Customer's failure to comply with applicable laws or regulations related to its use of the Software or any hardware, software, or other services associated with the Software, including but not limited to the Customer's failure to obtain any necessary consents from affected individuals or provide any necessary disclosures or protections with respect to the information of such individuals under any applicable privacy or data security law, but excluding matters for which Convergint has agreed to indemnify Customer from and against third party claims for copyright and trade secret infringement under the terms of the End User License Agreement for the Software between Convergint and Customer. Notwithstanding the foregoing, Customer and Convergint agree that Liabilities suffered by a third party (other than an affiliate of Convergint) which are an element of loss subject to indemnification under this paragraph shall be deemed direct damages. SECTION 10. DISPUTES In the event of any dispute between Convergint and Customer, Convergint and Customer shall first attempt to resolve the dispute in the field, but if that is not successful, then in a meeting between authorized officers of each company. If settlement attempts are not successful, then the dispute shall be decided exclusively by arbitration. Such arbitration shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect and shall be a final binding resolution of the issues presented between the parties. The prevailing party shall be entitled to recover its reasonable attorneys' fees and costs. SECTION 11. MISCELLANEOUS Neither party to this Agreement shall assign this Agreement without the prior written consent of the other party hereto. Convergint may assign this Agreement to any of its parents, subsidiaries or affiliated companies or any entity majority owned by Convergint. Notices shall be in writing and addressed to the other party, in accordance with the names and addresses of the parties as shown above. All notices shall be effective upon receipt by the party to whom the notice was sent. A waiver of the terms hereunder by one party to the other party shall not be effective unless in writing and signed by a person with authority to commit the Customer or Convergint and delivered to the non -waiving party according to the notice provision herein. No waiver by Customer or Convergint shall operate as a continuous waiver, unless the written waiver specifically states that it is a continuous waiver of the terms stated in that waiver. The Sections regarding invoicing, warranty, and indemnity, and disputes shall survive the termination of this Agreement.