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HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-053Temp. Reso # 12347 May 16, 2013 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2013- jr3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY CIF T,4M,4R,41: FI (1RIm 41 ITHOR171NC, THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN AUDIO VISUAL INNOVATIONS, INC. (AVI) AND THE CITY OF TAMARAC TO UPGRADE THE AUDIO VISUAL SYSTEMS IN THE CITY HALL COMMISSION CHAMBERS AND IN CONFERENCE ROOM 105; AUTHORIZING AN APPROPRIATION FOR AN AMOUNT NOT TO EXCEED $79,501.42; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE CHANGES AND ISSUE CHANGE ORDERS IN ACCORDANCE WITH THE THRESHOLDS AND PROVISIONS DELINEATED IN SECTION 6-147(J)(2) OF THE TAMARAC PROCUREMENT CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the audio visual systems in the City Hall Commission Chambers and the Conference Room 105 provide an essential public service in conducting various public meetings in these facilities ; and WHEREAS, the existing systems were installed in 2004 and are no longer reliable due to aging; and WHEREAS, a formal Invitation for Bid # 13-07B was advertised and issued with a due date of April 17, 2013, a copy of said invitation is attached hereto as Exhibit 1; and WHEREAS, three proposals were received from Audio Visual Innovations (AVI), Privide Eye Systems Troxell Communications $75 , 131.73 $103,042.00; and WHEREAS, AVI submitted the lowest bid attached hereto as Exhibit 2; and WHEREAS, The proposed system comes with a one year warranty and the Temp. Reso # 12347 May 16, 2013 Page 2 purchase of the second year warranty service is recommended at a cost of $4,369-69; and WHEREAS, funding for this project is available in the FY 2013 Information Technology budget; and WHEREAS, it is the recommendation of the Director of Information Technology and the Purchasing/Contracts Manager that the upgrade of the City Hall audio visual systems project be awarded to AVI for a total amount of warranty services; and $79,501.42 including the second year WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute an agreement with AVI to upgrade the audio visual systems in the City Hall; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits referenced herein are incorporated and made a specific part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized to award Invitation for Bid #13-07B and execute the required agreement with AVI, included herein as Exhibit 3, to upgrade the audio visual systems in the City Hall Commission Chamber and Conference Room 105 as proposed by AVI for an amount not to exceed $79,501.42 which includes the cost of the second year warranty coverage. SECTION 3: The City Manager or his designee is hereby authorized to make changes, and issue change orders in accordance with the thresholds and provisions delineated in Section 6-147(j)(2) of the Tamarac Procurement Code. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso # 12347 May 16, 2013 Page 3 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this I°2 day of 9, 2013. wr B ETH TALABISCO MAYOR ATTEST: PATRICIA TEUFE dmC INTERIM CITY CL RK RECORD OF COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM. BUSHNELt L410 DIST 2: COMM. ATKINS-GRAb i&ozfoo DIST 3: COMM. GLASSER DIST 4: V/M. DRESSLER HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM eAMUEL S. GOREN CITY ATTORNEY SUBMIT BID TO: CITY OF TAMARAC AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledgement BID NO.: 13-07B BID TITLE: UPGRADE OF AUDIOVISUAL SYSTEM AT TAMARAC CITY HALL BID OPENING DATE/TIME: APRIL 3, 2013 — 3:OOPM BUYER NAME: James Nicotra, CPPB BUYER PHONE: BUYER EMAIL: 954-597-3570 jimn@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: March 19, 2013 —11AM - Room 105 City Hall 7525 NW 88th Avenue, Tamarac, FL 33321 BONDING: 100% Payment/Performance Bond GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID BY iNDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS, IN THE SPECIAL CONDITIONS OF THE BID, OR IN THE SPECIFICATIONS/STATEMENT OF WORK. ANY AND ALL SPECIAL CONDITIONS THAT MAY. VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER THESE GENERAL CONDITIONS AND ANY CONFLICTING PROVISION WITHIN ANY VENDOR'S STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BID NUMBER AND THE BID TITLE. BIDS NOT SUBMITTED ON THE ATTACHED BID FORM MAY BE DEEMED NON -RESPONSIVE. ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON -RESPONSIVE. BIDDER COMPANY NAME: COMPANY ADDRESS: COMPANY PHONE: NAME OF AUTHORIZED AGENT: TITLE OF AUTHORIZED AGENT: AUTHORIZED AGENT EMAIL ADDRESS: BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: SIGNATURE OF AUTHORIZED AGENT: City of Tamarac '' Purchasing and Contracts Division Our Vision and Mission Our Vision: The City of Tamarac, our community of choice -- leading the nation in quality of life through safe neighborhoods, a vibrant economy, exceptional customer service and recognized excellence. Our Mission: We Are "Committed to Excellence. . . Always" It is our job to foster and create an environment that Responds to the Customer Creates and Innovates Works as a Team Achieves Results, and Makes a Difference In the fulfillment of our vision and mission, as stewards of the public trust, we value vision, integrity, efficiency and quality service. Our vendors are truly partners in meeting these commitments to the community, and in support of that vision and mission, we are committed to ensuring that qualified, competitive vendors who share our commitment to quality, efficiency, teamwork and customer service are employed to provide goods and services to the City. Our vendors are expected to deliver high quality products and efficient service that is provided on time and as ordered; in a manner that improves the overall value of the services that the City provides to its residents. In addition, we expect our vendors to work with the City as a team, and exhibit the highest level of integrity when dealing with any office or department of the City. Diligence in the execution of the requirements of this proposal will ultimately contribute to the overall quality of services provided to the entire community. The City is searching for a firm who will exemplify these ideals in the execution of their work, and the successful firm will be measured against the performance standards outlined in this bid invitation. INTRODUCTION It is the intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", 2 Section 6-141 et seq. It is the intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 et seq. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal'' are used interchangeably in reference to all offers submitted by prospective Bidders. Any and all special conditions in this IFB or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 1. SUBMISSION OF THE BID The Bidder is directed to deliver sealed bids to the City of Tamarac, Purchasing Division, 7525 N . W . 88th Avenue, Room 108, Tamarac, Florida 33321, no later than the date and time specified on the cover page of this solicitation document. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall become a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. City of Tamarac LEAP. Purchasing Contracts; It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified, the Bidder must use the bid form fumished in the bid document. The Bidder is requested to submit one (1) original and two (2) copies of the bid. The original bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All bid forms must be typewritten or completed in ink. The Bidder must initial any erasures or corrections in ink. All bids shall be submitted in the English language. All prices, terms and conditions quoted in the submitted bid shall be expressed in U.S. Dollars, and will be firm for acceptance for sixty (60) calendar days from the date of the bid opening unless otherwise stated by the City. The Bidder preparing a bid in response to this solicitation shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. 2. BID DEPOSIT When required on the cover page, a bid deposit or bid surety bond in the amount specified shall accompany the bid. Bid deposits shall be in the form of cash, certified check or cashier's check, drawn on a responsible bank doing business in the United States, and shall be made payable to the City of Tamarac. In lieu of a bid deposit, a bid surety provided by a firm licensed to business in the State of Florida shall be provided to the City. Any bid deposits will be returned to the Bidders at the time of contract award. The bid deposit of the successful vendor shall be returned upon receipt of acceptable Performance and/or Payment bonds. 3. BONDING When required by the specification herein, the successful Bidder shall furnish a Performance and Payment bond, and/or Warranty bond, as stated on the cover page of this solicitation, on the City's forms, within fifteen (15) calendar days after notification of contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the 01 bid and any bid deposit may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair estimate of the amount of damages the City would sustain due to Bidder's failure to fumish said bonds. 4. WITHDRAWAL OF BID Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the Purchasing Office. 5. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 6. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non - Collusive Affidavit Form and shall submit this form with the bid/proposal. The City considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 7. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 8. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or The City Far Your Life Ci�y of '1#Purchasing andContractsa increase quantities or add . or delete any item from the contract if it is determined that it best serves the interests of the City. 9. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC PAYMENTS Firm Pricing: Bid prices shall be ' fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, bid prices shall be fixed and firm for a period of sixty (60) calendar days, or ninety (90) calendar days when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Prompt Payment Discounts: Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Local Govemment Prompt Payment Act, F.S. Chapter 218. ****************IMPORTANT***************** Payments by Electronic Funds Transfer: Effective October 1, 2013, ALL payments by the City will be made by Direct Deposit (ACH) via electronic funds transfer. No paper checks will be issued after that date. Vendors must register for direct deposit with the City prior to receiving any payments by providing a "City of Tamarac Consent for Direct Deposit" form (ACH Form) to the City's Financial Services Accounting Division. The form may be accessed on the City of Tamarac web -site hftp://www.tamarac.orn/index.asDx?NID=62 2. Please contact the Purchasing & Contracts Division at the number shown on El this solicitation document herein as the first point of contact for more information. 10. DELIVERY All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 11. MANUFACTURER'S NAME & APPROVED EQUIVALENTS Manufacturer's name, trade name, brand name information and/or model/catalog numbers are used in these specifications for information and establishment of a quality level desired, and are not intended to restrict competition unless otherwise specified in the bid. The Bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturer's name and model/catalog number. Bidder shall submit complete descriptive literature and/or specifications with the bid. The burden of proof for specification compliance is solely on the Bidder. The City reserves the right to be the sole judge of what is equal and acceptable. Failure to provide this information within three (3) business days of the City's request may be grounds for bid disqualification. If Bidder fails to name a substitute, it will be assumed that the Bidder has submitted a bid which conforms in all aspects to the requirements of the bid document, and that the Bidder intends to furnish goods identical to the bid standard. 12. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the Bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 13. BACKGROUND INVESTIGATION As a part of the Bid evaluation process, the of a / .. a Thy Cif+ Fir Your Life PurchasingW �, #s City may conduct a background investigation the conditions, terms, specifications and including a criminal record check of Bidder's requirements of the bid shall be just cause for officers and/or employees, by the Broward cancellation of the bid award; notwithstanding County Sheriffs Office. Bidder's submission of any additional requirements enumerated in the a bid constitutes acknowledgement of and Special conditions herein relating to consent to such investigation. City shall be the performance based contracting. The City may, sole judge in determining Bidder's by written notice to the Bidder, terminate the qualifications. contract for failure to perform. The date of termination shall be stated in the notice. The 14. CONDITIONS OF MATERIALS City shall be the sole judge of All materials and products supplied by the nonperformance. Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a 18. INSPECTION particular purpose, free from defects and The City shall have the right to inspect any consistent with industry standards. The materials, components, equipment, supplies, products shall be delivered to the City in services or completed work specified herein. excellent condition. In the event that any of the Any of said items not complying with these products supplied to the City are found to be specifications are subject to rejection at the defective or do not conform to the option of the City. Any items rejected shall be specifications, the City reserves the right to removed from the premises of the City and/or return the product to the Bidder at no cost to replaced at the entire expense of the successful the City. vendor. Successful Bidder shall furnish all guarantees 19. TERMINATION and warranties to the Purchasing Division prior a. DEFAULT: In addition to all other remedies to final acceptance and payment. The warranty available to the City, this Agreement shall be period shall commence upon final acceptance subject to cancellation by the City for cause, of the product. should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, 15. COPYRIGHTS OR PATENT RIGHTS or requirements herein contained, if such neglect The Bidder warrants that there has been no or failure shall continue for a period of thirty (30) violation of copyrights or patent rights in days after receipt by Contractor of written notice manufacturing, producing or selling the goods of such neglect or failure. shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all b. TERMINATION FOR CONVENIENCE liability, loss or expense occasioned by any OF CITY: Notwithstanding any additional such violation. requirements for performance based contracting contained in the special conditions 16. SAFETY STANDARDS herein, the final Agreement may be terminated The Bidder warrants that the product(s) by the City for convenience, upon seven (7) supplied to the City conform with all respects to days of written notice by the City to the the standards set forth in the Occupational Contractor for such termination in which event Safety and Health Act of 1970 as amended, the Contractor shall be paid its compensation and shall be in compliance with Chapter 442, for services performed to termination date, Florida Statutes as well as any industry including services reasonably related to standards, if applicable. Any toxic substance termination. In the event that the Contractor listed in Section 38F-41.03 of the Florida abandons this Agreement or causes it to be Administrative Code delivered as a result of terminated, Contractor shall indemnify the city this order must be accompanied by a against loss pertaining to this termination. completed Material Safety Data Sheet (MSDS). c. FUNDING OUT: This agreement shall remain in full force and effect only as long as 17. PERFORMANCE the expenditures provided for in the Agreement Failure on the part of the Bidder to comply with have been appropriated by the City 5 �►Tamarac The city Fo( Yaw Lae ,► # i i' l � Contracts n D i l Commission of the City of Tamarac in the 23. TAXES annual budget for each fiscal year of this The City of Tamarac is exempt from all Agreement, and is subject to termination based Federal, State, and Local taxes. An exemption on lack of funding. certificate will be provided where applicable 20. ASSIGNMENT upon request. The Bidder shall not transfer or assign the 24. OMISSION OF DETAILS performance required by this bid without the Omission of any essential details from these prior written consent of the City. Any award specifications will not relieve the Bidder of issued pursuant to this bid and monies that supplying such product(s) as specified. may become due hereunder are not assignable except with prior written approval of 25. INSURANCE REQUIREMENTS the City. Bidder agrees to, in the performance of work and services under this Agreement, comply 21. EMPLOYEES with all federal, state, and local laws and Employees of the Bidder shall at all times be regulations now in effect, or hereinafter under its sole direction and not an employee or enacted during the term of this agreement that agent of the City. The Bidder shall supply are applicable to Contractor, its employees, competent and physically capable employees. agents, or subcontractors, if any, with respect The City may require the Bidder to remove an to the work and services described herein. employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall obtain at Bidder's expense all Bidder shall be responsible to the City for the necessary insurance in such form and amount acts and omissions of all employees working as required by the City's Risk & Safety Officer under its directions. before beginning work under this Agreement. Bidder shall maintain such insurance in full 22. NON-DISCRIMINATION & EQUAL force and effect during the life of this OPPORTUNITY EMPLOYMENT Agreement. Bidder shall provide to the City's During the performance of the Contract, the Risk & Safety Officer certificates of all Contractor shall not discriminate against any insurance required under this section prior to employee or applicant for employment beginning any work under this Agreement. because of race, color, sex, religion, age, Bidder shall indemnify and save the City national origin, marital status, political affiliation, harmless from any damage resulting to it for familial status, sexual orientation, or disability if failure of either Bidder or any subcontractor to qualified. The Contractor will take affirmative obtain or maintain such insurance. action to ensure that employees are treated during employment, without regard to their race, The following are required types and minimum color, sex. Religion, age, national origin, marital limits of insurance coverage, which the Bidder status, political affiliation, familial status, sexual agrees to maintain during the term of this orientation, or disability if qualified Such actions contract: must include, but not be limited to, the following: employment, promotion; demotion or transfer; Line of Business/ Occurrence Aggregate recruitment or recruitment advertising, layoff or Coverage termination; rates of pay or other forms of Commercial $19000,000 $190009000 compensation; and selection for training, General Liability including apprenticeship. The Contractor shall Including: agree to post in conspicuous places, available to Premises/Operations employees and applicants for employment, Contractual Liability notices to be provided by the contracting officer Personal Injury setting forth the provisions of this Explosion, Collapse, Underground Hazard Products/Completed OperationsBroad nondiscrimination clause. The Contractor further Form Property Damage agrees that he/she will ensure that Cross Liability and Severability of Interest Clause Subcontractors, if any, will be made aware of and will comply with this nondiscrimination Automobile Liability $190009000 $190001000 clause. C�ty of TamaracThe City nur Life Purchasing and Contracts Division Workers' Statutory Compensation & Employer's Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A- VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 26. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations 7 of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 27. INDEPENDENT CONTRACTOR An Agreement resulting from this solicitation does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable. to services rendered under any potential Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. Any potential Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 28. CLARIFICATION & ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Tamarac ----- ::a . . = The Ctty �nr Yn��r LEf�Purchasinaa!jd Contracts Division Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Bidder shall contact the Purchasing Office immediately. Any inquires, suggestions, requests concerning clarification, or requests for additional information shall be submitted in writing to the Purchasing and Contracts Manager. The City of Tamarac reserves the right to amend this bid prior to the Bid opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. 29. BID TABULATION Bidders may download the bid tabulation directly from the Internet at http://www.tamarac.orglbids.aspx . The City does not notify unsuccessful Bidders of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3)(a), or within 10 days after bid/proposal opening, whichever is earlier. 30. RECORDS/AUDITS The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. 31. UNBALANCED BIDS When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing, such bid may be rejected. 32. UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Bidder's submitted Schedule of Bid Prices or Price Proposal Form, the unit prices shall prevail. 33. VENUE Any Agreement resulting from this solicitation shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 34. FORM AGREEMENT DOCUMENT The City may attach as a part of this solicitation, a Form Agreement document. Bidders shall be responsible for complying with all of the terms and conditions of the Form Agreement document if included herein, except where variant or conflicting language may be included in any Special Conditions contained herein. Bidders shall note any deviation or variance with the Form Agreement document at the time of bid submission. 35. OTHER GOVERNMENTAL ENTITIES If a Bidder is awarded a contract as a result of this Invitation for Bid, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation for Bid and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. 36. BUDGETARY CONSTRAINTS In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget. PURCHASING AND CONTRACTS DIVISION Date: March 10, 2013 INVITATION FOR BID BID NO. 13-07B ALL QUALIFIED BIDDERS: BID NO. 13-07B Sealed Bids addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321 until 3:00 PM local time, April 3, 2013 for: UPGRADE OFAUDIO/VISUAL SYSTEM AT TAMARAC CITY HALL The City is soliciting proposals on behalf of the Information Technology Department to obtain the services of a qualified firm to Upgrade the AudioNisual Systems at Tamarac City Hall, Commission Chambers and the Conference Room 105. Sealed Proposals must be received and time stamped in the Purchasing Office, either by mail or hand delivery, on or before the date and time referenced above. Any Proposals received after 3:00 pm on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Official time will be measured by the time stamp in the Purchasing Office. A Pre -Bid Conference/Site Inspection will be held March 19, 2013, at 11:00 AM, Room 105 City Hall, Tamarac, FL 33321. Attendance at this pre -bid conference/site inspection is hi-ghly encouraged. City reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interests of the City. Bid documents may be obtained from the Purchasing Office or via the Internet at http://www.tamarac.org/index.aspx?nid=317 . For all inquiries, contact the Purchasing Office at (954) 597-3570 or via e-mail at jimn(atamarac.o[g Y �,1 �.4'A Jim Nicotra, CPPB Senior Procurement Specialist M..L_1:_L_ ^_ s A___1_ w n nnw n 7525 N.W. 88th Avenue I Tamarac, Florida 33321-2401 I P: 954.597.35701 F: 954.597.3565 EQUAL OPPORTUNITY EMPLOYER of Ll ♦ The Uily For Your HIP. Purchasing n dContractsDivision SPECIAL PROVISIONS BID 13-07B UPGRADE OF AUDIONISUAL SYSTEM AT TAMARAC CITY HALL 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified Contractors, for the upgrade of the AudioNisual System at the Tamarac City Hall, 7525 NW 881h Ave., Tamarac, Florida 33321. 2. BASIC DEFINITIONS Wherever used in the Agreement or in other Contract Documents, the following terms have the meanings indicated, which are applicable to both the singular and plural of each: 2.1 Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding requirements or the contract document. 2.2 Agreement — The written agreement between the City and the Contractor covering the Work to be performed including other Contract Documents that are attached to the Agreement and made a part thereof. 2.3 Application for Payment — the form acceptable to the Engineer/Project Manager which is used by the Contractor during the course of the work in requesting progress or final payments and which is accompanied by such supporting documentation as is required by the Contract Documents. 2.4 Change Order — A document that is signed by the Contractor and the City and authorizes an addition, deletion or revision in the Work within the general scope of this Agreement, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 2.5 City — The City of Tamarac, Florida. Also referred to as Owner. 2.6 Contract Documents — The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications of Bid No. 13-06B, all addenda issued prior to, all modifications issued after execution of this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional modifications and supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2.7 Contract Times — the number of consecutive calendar days stated in the Contract Documents to achieve substantial completion and/or complete the Work so that it is ready for final payment as evidenced by the Engineer/Project Managers written recommendation of final payment. 2.8 Defective — An adjective which when modifying the Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to final payment. 2.9 Drawings — As applicable, the drawings that show the character and scope of the Work to be performed and which are referred to in the Contract Documents. 10 V4-j!y_ I amarac Purchasing and Contracts Division 2.10 Effective Date of the Agreement — The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 2.11 Engineer/Project Manager — The City's authorized project representative. The words "Engineer" and "Engineer/Project Manager" are used interchangeably. 2.12 Field Order — A written order issued by the Engineer/Project Manager that requires minor changes in the Work but does not involve a change in Contract Price or Contract Time. 2.13 Milestone — A principal event specified in the Contract Documents relating to an intermediate complete date or time prior to Substantial Completion of all the Work. 2.14 Notice to Proceed — A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform the Contractor's obligations under the Contract Documents. 2.15 Project — the total construction for which the Contractor is responsible under this agreement, including all labor, materials, equipment and transportation used or incorporated in such construction. 2.16 Specifications — Those technical descriptions and Workmanship as applicable thereto. portions of the Contract Documents consisting of written of materials, equipment, construction systems, standards applied to the Work and certain administrative details 2.17 Subcontractor — An individual, firm or corporation having a direct Contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site. 2.18 Substantial Completion — "Substantial Completion" means the finishing or accomplishing of substantial performance of the Work as proscribed in the Contract Documents. "Substantial Performance" means there has been no willful departure from the terms of the Contract Documents and the Work has been honestly and faithfully performed in its material and substantial particulars. The term "Final Completion" means City's acceptance of the job. 2.19 Supplier — A manufacturer, fabricator, supplier, distributor, material man or vendor. 2.20 Unit Price Work — Work to be paid for on the basis of unit prices. 2.21 Work — The entire completed construction or, the various separately identifiable parts thereof required to be provided under the Contract Documents. Work is the result of performing services, specifically, including but not limited to construction, furnishing labor, testing, documentation, equipment and materials used or incorporated in the construction of the entire Contract Documents. The words "Project" and "Work" are used interchangeably. 2.22 Work Change Directive — A written directive to the Contractor issued on or after the effective date of the Agreement and signed by the City and recommended by the Engineer/Project Manager ordering an addition, deletion or revision in the Work. A Work Change Directive shall not change the Contract price or time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change 11 Ciof Tamarac �OGUAMTWIHHRMM Purchasing and Contracts Division Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. 2.23 Written Amendment — A written amendment of the Contract Documents, signed by the CITY and the Contractor on or after the Effective Date of the Agreement and normally dealing with the non -Engineering, or non -technical aspects rather than strictly Work related aspects of the Contract Documents. 3. ENUMERATION OF CONTRACT DOCUMENTS If any portion of the Contract Documents appears to be various documents comprising the Contract Documents precedence: 1. The Contract Drawings / Specifications 2. The City's Special Provisions 3. The City's Special Conditions in conflict with any other portion, the shall govern in the following order of 4. The City's Instructions to Bidders and General Terms and Conditions 5. The Sample Form Agreement As between schedules and information given on Drawings, the schedules shall govern; as between figures given on Drawings and scale measurements, the figures shall govern; as between large-scale drawings and small-scale drawings, the larger scale drawings shall govern. 4. INTENT It is the intent of the Contract Documents to describe a functionally complete Project in accordance with the Specifications. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words that have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implications, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City, the Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents. 5. SUPPLEMENTS, MINOR VARIATIONS OR DEVIATIONS In addition, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized in one or more of the following ways: 5.1 The Engineer/Project Manager's approval of a shop drawing or sample; or 5.2 The Engineer/Project Manager's written interpretation or clarification. 6. CONTRACTOR'S ADDITIONAL RESPONSIBILITY 6.1 The Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All Ci!y« tt The City For Your Life ,r urchasing and �/ on Contracts equipment provided pursuant to this agreement shall be in good and proper working order. 6.2 The Contractor shall provide a qualified, English speaking, superintendent present on the site at all times. The superintendent shall be a fully authorized agent of the Contractor, and have full authority to make on -site decisions and commitments regarding the Contractors Work. 6.3 The superintendent shall be satisfactory to the City and shall not be changed except with consent of the Engineer/Project Manager. 6.4 The Contractor shall assign to the work site at least one (1) supervisor at all times capable of making field decisions, interpreting plans, etc. The Contractor shall also provide suitable personnel who shall be available after work hour emergencies and capable of making appropriate decisions. The Contractor shall supply competent and physically capable employees having the requisite skill and experience to perform the work in a workmanlike manner. The City may require the Contractor to remove any employee working for or under the Contractor that the City deems careless, incompetent, insubordinate or otherwise objectionable. The Contractor shall be responsible to the City for the acts and omissions of all subcontractors and personnel working under the Contractor. 6.5 Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of the Contractor. Any material left on site overnight shall be properly marked and identified in order to ensure public safety. 6.6 The Contractor is responsible for familiarizing itself with the nature and extent of the Contract Documents, the Work, the locality, and with all local conditions, verifying all pertinent figures and applicable field measurements, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. The Contractor is responsible for making or causing to be made any examinations, investigations, tests and studies as it deems. necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Document. 6.7 Before beginning the Work or undertaking each component part of the Work, Contractor shall carefully study the Contract Documents, Special Conditions, Technical Specification, all pertinent figures and site conditions. Contractor shall promptly report in writing to the Engineer/Project Manager and City any conflict, error or discrepancy which Contractor may discover and shall obtain written interpretation or clarification from the Engineer/Project Manager before proceeding with any Work affected thereby. 6.8 Unless otherwise provided in the Contract Documents, the Contractor shall provide or cause to be provided and shall pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 6.9 The Contractor shall be responsible for and shall coordinate all construction means, methods, techniques, sequences and procedures. 6.10 The Contractor shall keep the City and the Engineer/Project Manager informed of the progress and quality of the Work. 13 r . E n uity f-or Your HIP sr Division Ci�y1 1 and Contracts 6.11 If requested in writing by the Contractor, the City, with reasonable promptness and in accordance with time limits agreed upon, shall interpret the requirements of the Contract Documents and shall decide (subject to other provisions in the Contract Documents governing claims, disputes and other matters in question) matters relating to performance. Such interpretations and decisions shall be in writing. 6.12 Contractor shall correct all Work, which does not conform to Contract Documents. 6.13 The Contractor warrants to the City that materials and equipment incorporated in the work will be new unless otherwise specified, and that the Work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. 6.14 The Contractor shall pay all applicable sales, consumer, use and similar taxes, and shall secure and pay for permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work. The Contractor shall identify all governmental authorities and agencies having jurisdiction to approve the construction, and obtain all permits and approvals with such governmental authorities as have jurisdiction, and assist the City in consultations with appropriate governmental authorities and agencies in obtaining all permits and approvals. 6.15 Without limiting the foregoing, Contractor shall pay all fees, costs, and expenses in connection with the applications, processing, and securing of approvals or permits, not previously obtained by the owner or its agent, from all governmental authorities which have jurisdiction over all aspects of this Work except City permits and fees which shall be waived except for so much of said fees as the City is required to remit to other governmental agencies. 6.16 The Contractor shall give notices and comply with laws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project. 6.17 The Contractor shall be responsible to the City for acts and omissions of the Contractor's employees and parties in privity of contract with the Contractor to perform any portion of the Work, including their agents and employees. 6.18 The Engineer/Project Manager shall prepare Change Orders for the City's approval and execution in accordance with the Contract Documents. Any work, which is commenced without a Change Order or Work Directive being approved, shall constitute a waiver of any claim of compensation for such work. All Change Orders must be approved by the City Manager or designee identified as such in writing. 6.19 The Contractor shall maintain in good order when present at the site one record copy of the drawings, specifications, product data, samples, shop drawings, Change Orders and other Modifications marked currently to record changes made during construction. These shall be delivered to the City upon completion of the construction and prior to final payment. 6.20 Contractor must repair any flooring, carpeting, ceiling tiles, drywall, etc., disturbed as a result of any work within the scope of this contract to all applicable codes and City standards. 14 Cit of .. t/ « :. ThP City For Your Life Purchasin and Contracts Divisio 7. FAMILIARITY WITH THE TOTAL SCOPE OF THE PROJECT 7.1 The Contractor shall be familiar with the total scope of the project prior to commencement of any work. In case of any questions or conflict, they must be brought to the attention of the Engineer/Project Manager prior to any work. If further assistance is needed, the Contractor may contact the Director of Public Works. The City shall not be responsible for the Contractor's failure to comply with this requirement. 7.2 The Contractor shall be responsible for repair and restoration of all utilities or any other items damaged during the Work. 7.3 By execution of the Agreement, The Contractor acknowledges that all requirements and conditions necessary to fulfill this Contract have been met. No contract adjustments shall be allowed for concealed site conditions. 8. SHOP DRAWINGS AND SAMPLES 8.1 The Contractor shall submit to The Engineer/Project Manager for review and approval three (3) copies of all Shop Drawings for all custom equipment, apparatus, machinery, fixtures, piping, wiring, fabricated structures and manufactured articles. The purpose of the Shop Drawing is to show the suitability, efficiency, technique -of -manufacture, installation requirements, detail of the item and evidence of compliance with the Contract Documents. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Engineer/Project Manager to review the information as required. 8.2 The Contractor shall also submit to the Engineer/Project Manager for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents and each sample shall be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 8.3 Before submission of each Shop Drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 8.4 At the time of each submission, the Contractor shall give the Engineer/Project Manager specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the Engineer/Project Manager for review and approval of each such variation. Failure to point out such departures shall not relieve the Contractor from his responsibility to comply with the Contract Documents. 15 City !,Tamarac The Uity For Yur Lde Purchas nd Contracts Division 8.5 Approval of the Shop Drawings by the Engineer/Project Manager shall be general and shall not relieve the Contractor of responsibility for the accuracy of such drawings nor for the proper fittings and construction of the Work, nor for the furnishing of material or Work required by the Contract Documents and not indicated on the drawings. No Work called for by any Shop Drawing shall be done until the Engineer/Project Manager has approved the drawings. The costs incurred for the City Engineer/Project Manager's review of shop drawings, substitutes, "or equal" items, or change orders shall be paid by the Contractor. 9. SUBCONTRACTORS, SUPPLIERS AND OTHERS 9.1 The Contractor shall furnish, in writing on the form included, the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Contractor shall not change a Subcontractor, person or entity previously selected if the City makes reasonable objection to such change. 9.2 The Contractor shall be fully responsible to the City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors, suppliers and of persons whose acts any of them may be liable and any other persons and organizations performing or furnishing of the Work under a direct or indirect contract with the Contractor. Nothing in the Contract Documents shall create any Contractual relationship between the City and any such subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. 10. CITY'S RESPONSIBILITIES 10.1 The City shall designate a representative authorized to act on the City's behalf with respect to the Project. The City or such authorized representative shall examine documents submitted by the Contractor and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the Work. 10.2 The City may appoint an on -site Project representative to observe the Work and to have such other responsibilities as the City and the Contractor agree in writing prior to execution of this Agreement. 10.3 The City shall cooperate with the Contractor in securing building and other permits, licenses and inspections. 10.4 If the City observes or otherwise becomes aware of a fault or defect in the Work or nonconformity with the Contract Documents, the City shall give prompt written notice thereof to the Contractor. 10.5 The City shall furnish required information and services and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the design and construction. 16 Ci!Ys tt . The City For Your Life Purchasing Dq 10.6 The City shall communicate with subcontractors only through the Contractor. 10.7 The City shall furnish data required of the City under the Contract Documents promptly. 10.8 If the Work is defective, or the Contractor fails to supply sufficient skilled Workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the City may order the Contractor to stop the Work, or any .portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. 11. ENGINEER/PROJECT MANAGER'S RESPONSIBILITIES 11.1 The Engineer/Project Manager or his designee will be the City's representative during the construction period and until final payment is made. 11.2 The Engineer/Project Manager will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Engineer/Project Manager's efforts will be directed toward providing for the City a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site inspections, the Engineer/Project Manager shall keep the City informed of the progress of the Work and shall endeavor to guard the City against defects and deficiencies in the Work. 11.3 The Engineer/Project Manager will issue technical clarifications and interpretations, with reasonable promptness. Should the Contractor fail to request interpretation of items the Contractor determines to be questionable in the Contract Documents neither the City nor the Engineer/Project Manager would thereafter entertain any excuse for failure to execute the Work in a satisfactory manner based upon such a reason or claim. 11.4 The Engineer/Project Manager may authorize minor variations in the Work from the technical requirements of the Contract Documents, which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These shall be accomplished by a Field Order and will be binding on the City, and also on the Contractor who shall perform the Work involved promptly. 11.5 The Engineer/Project Manager will have the authority to disapprove or reject Work that the Engineer/Project Manager believes to be defective, and will also have authority to require special inspections or testing of the Work whether or not the Work is fabricated, installed or completed. 17 �' ur asiq a C�c�;���sci°s i i�rision City of Tamarac ..a._�.....�� . _ _____._ 12. AVAILABILITY OF AREA TO STORE EQUIPMENT AND MATERIAL City will make every effort to provide suitable areas within or near the project site. Restoration of all storage areas shall be Contractor's responsibility. 13. CLEANUP AND RESTORATION 13.1 During and after completion of all work, the Contractor shall be responsible for all clean-up including but not limited to sweeping, cleaning and removal of loose material. Leftover or excessive material, debris, etc. must be completely removed from the work area and other affected areas at no expense to the City at the end of work. 13.2 Cleanup shall be performed on a routine basis in order to facilitate the maintenance of all work areas. Any damage to public or private property resulting from improper or incomplete cleanup shall be the sole responsibility of the Contractor as per Section 14, Damage To Public and/or Private Property. 13.3 The Contractor shall be responsible for the proper and legal removal and disposal of all construction debris. 13.4 The project site shall be maintained in a neat and clean manner, and upon final cleanup, the project site shall be left clear of all surplus material and debris. Paved areas shall be swept clean. 13.5 If the Contractor fails to properly maintain the site or perform required clean-ups and debris removal the City shall place the Contractor on written notice to perform required clean up. Contractor shall perform required clean up within twenty-four (24) hours of receipt of the City's written notice. 13.6 In the event that the Contractor does not comply, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 14. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY 14.1 Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. 14.2 The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. of a . 1 he Cityr Far YPurchasIL79 and Contracts Divisio t 14.3 In the event of damage, Contractor shall immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the City. 14.4 In the event of damage to public and/or private property, the Contractor shall immediately contact the Ciry's Public Works Department by telephone at (954) 597-3700 and inform the appropriate staff member about the location and extent of the damages. 14.5 In the event that the Contractor does not immediately repair to the satisfaction of the City damage to public and/or private property, the City may correct such damage. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such damage. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 15. CONNECTION TO CITY WATER (AS APPLICABLE) The Contractor must also comply with all City of Tamarac Public Services Department Utility Division and Building Department requirements, and contact these departments at least 48 hours prior to start of work. 16. BASIS OF PAYMENT, UNIT PRICES AND RIGHT TO CHANGE QUANTITIES Payment at the contract unit price shall be inclusive of all labor, materials, equipment, and incidental items. 17. ACCEPTANCE OF WORK Acceptance shall be based upon satisfactory completion; material test results, performance and appearance of the Work after the materials have established, been placed or found to be in good operating order. Prior to final acceptance, the Contractor shall remove and replace, satisfactory to the City, all defective areas. Any adjusted area that is found to be of an unsatisfactory condition shall be rejected and shall be removed and restored by the Contractor at no expense to the City. 18. TESTS AND INSPECTIONS 18.1 The Contractor shall give the City timely notice of readiness of the Work for all required inspections, tests or approvals. The Contractor shall assume full responsibility, pay all costs in connection therewith and furnish the City the required certificates of inspection, testing or approval for all materials, equipment for the Work and any part thereof unless otherwise specified herein. 18.2 The City inspectors shall have no authority to permit deviations from or to relax any of the provisions of the Contract Documents, or to delay the Agreement by failure to inspect the materials and Work with reasonable promptness. 18.3 The payment of any compensation in any form, or the giving of any gratuity or the granting of any favor by the Contractor to any inspectors, directly or indirectly is strictly prohibited and any such action on the part of the Contractor will constitute a breach of this Agreement. 19 o Tamarac The Lrty for Yo,r / . • Division Citv t 1 +� 19. CORRECTION OR REMOVAL OF DEFECTIVE WORK 19.1 The Contractor shall correct Work rejected by the City or known by the Contractor to be defective or failing to conform to the Construction Documents, whether observed before or after Final Completion and whether or not fabricated, installed or completed, and all work found to be defective in the one-year period from the date of Substantial Completion (the Warranty Period) shall be the responsibility of the Contractor, or within such longer period provided by any applicable special warranty in the Contract Documents. 19.2 The City shall provide the Contractor with written notice regarding defective or rejected work. Within seven days after receipt of such written notice from the City the Contractor shall commence with corrective action to remove and replace it with Work that is not defective or rejected. 19.3 If the Contractor fails to correct defective Work as required or persistently fails to carry out the Work in accordance with the Contract Documents, the City, by written order may stop the Work, or any portion thereof, until the cause for such order has been eliminated; however the City's right to stop the Work shall not give rise to a duty on the part of the City to exercise the right for benefit of the Contractor or other persons or entities. 19.4 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents within seven days after receipt of written notice from the City to commence and continue correction of such default or neglect, the City may give a second written notice to the Contractor. If within seven days following receipt of the second notice, the Contractor fails to correct such default or neglect with diligence and promptness, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 20. PROGRESS PAYMENTS 20.1 The Contractor shall deliver to the City itemized Applications for Payment for Payment. The Contractor may requisition payments for Work completed during the Project at intervals of not more than once a month. The Contractor's request shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with a certification by the Contractor that the Contractor has disbursed to all Subcontractors and Suppliers their pro- rata shares of the payment out of previous progress payments received by the Contractor for all Work completed and materials furnished in the previous period and that properly executed releases of liens by all Subcontractors, Suppliers and material men were provided and included in the Contractor's previous applications for payment, and any other supporting documentation as may be required by the Engineer/Project Manager or Contract Documents. Each requisition shall be submitted in triplicate to the Engineer/Project Manager for 20 Tamarac LIty of Purchasing and Contracts Division approval. The City shall make payment to the Contractor within thirty (30) calendar days after approval by the Engineer/Project Manager of the Contractor's requisition for payment. 20.2 Within thirty (30) days of the City's receipt of a properly submitted and correct Application for Payment, the City shall make payment to the Contractor. 20.3 The City shall retain Ten percent (10%) of all monies earned thru 50% of project completion by the Contractor, and 5% thereafter, until the Work is totally completed as specified, and accepted by the City. The parties hereto agree that 255.052, Florida Statutes, do not apply to this Agreement, or to any underlying agreements and obligations to which this Agreement pertains. 20.4 The Application for Payment shall constitute a representation by the Contractor to the City that, to the best of the Contractor's knowledge, information and belief, the design and construction have progressed to the point indicated, the quality of the Work covered by the application is in accordance with the Contract Documents and the Contractor is entitled to payment in the amount requested. 20.5 The Contractor shall pay each Subcontractor, upon receipt of payment from the City, out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which said Subcontractor is entitled in accordance with the terms of the Contractor's contract with such Subcontractor. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub -Subcontractors in similar manner. 20.6 The City shall have no obligation to pay or to be responsible in any way for payment to a Subcontractor of the Contractor except as may otherwise be required by law. 20.7 No progress payment or partial or entire use or occupancy of the Project by the City shall constitute an acceptance of Work not in accordance with the Contract Documents. 20.8 The Contractor warrants that: (1) title to Work, materials and equipment covered by an Application for Payment will pass to the City either by incorporation in construction or upon receipt of payment by the Contractor, whichever occurs first; (2) Work, materials and equipment covered by previous Applications for Payment are free and clear of liens, claims, security interests or encumbrances, hereinafter referred to as "liens"; and (3) no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or any other person performing Work at the site or furnishing materials or equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 20.9 The Contractor may apply for the return of the retainage held pursuant to Section 20.31 if the Contractor has satisfied the requirements of the Contract relating to retainage. The City shall pay the Contractor the amount retained for the Work, less the reasonable value of incorrect or incomplete Work, liquidated damages or both. Final payment of such withheld sum shall be made upon correction or 21 �h� City Far Yae�r 1.rfeDivision s � j t ! completion of such Work and resolution of all issues regarding liquidated damage. The release of retainage shall not become due until all Work is 100% completed as identified on the final punch list. The requirements of retainage include the following: 20.9.1 Repair and/or replacement of faulty or defective Work. 20.9.2 As -built drawings are submitted to and accepted by the City. 20.9.3 All Code requirements, inspections, testing and certificates of approval are conformed with, submitted and accepted by the City. 20.9.4 The City is satisfied all payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the City might in any way be responsible have been paid or otherwise satisfied to the extent and in such form as may be designated by the City. 20.9.5 Release of Lien is submitted and accepted by the City. 20.9.6 The Contractor's completion of Punch List. 20.9.7 Warranties are submitted to and accepted by the City. 21. CHANGE QUANTITIES/CHANGE ORDERS 21.11 The City, without invalidating this Agreement, may order additions, deletions or revisions to the Work. A written Amendment, Change Order or Work Change Directive shall authorize such additions, deletions or revisions. 21.2 All Change Orders which, individually or when cumulatively added to amounts authorized pursuant to prior Change Orders for this Project, increase the cost of the Work to the City or which extend the time for completion, must be formally authorized and approved by the appropriate City authority prior to their issuance and before Work may begin. 21.3 No claim against the City for extra Work in furtherance of a Change Order shall be allowed unless prior written City approval pursuant to this section has been obtained. 21.4 The Contract Price and Contract Time shall be changed only by Change Order or written Amendment. 21.5 The Engineer/Project Manager shall prepare Proposed Change Orders on forms provided by the City. When submitted for approval, they shall carry the signature of the Public Works Director, the City Manager, and the Contractor. 21.6 If the City and the Contractor are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract times that should be allowed as a result of a Work Change Directive, a claim may be made therefore. 22 CAN of Tamarac the Eit�ar Maur Purcha,. r s and Contracts Division 21.7 The Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented. 21.8 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice will be the Contractor's responsibility and the amount of each applicable bond shall be adjusted accordingly. 21.9 Any claim for adjustment in the Contract Price or time shall be based upon written notice delivered by the party making the claim to the other parties and to the Engineer/Project Manager not later than fifteen (15) calendar days after the occurrence or event giving rise to the claims and stating the general nature of the claim. No claim for an adjustment in the Contract Price or an extension of the contract time will be valid if not submitted in accordance with this Paragraph. 21.10 The cost or credit to the City from a change in the Work shall be determined by one or more of the following ways: 21.10.1 By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation where unit prices do not exist in the contract documents; 21.10.2 By unit prices stated in the Contract Documents or subsequently agreed upon; or 21.10.3 By cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee. 22. REGULATORY CHANGES The Contractor shall be compensated for changes in the Work necessitated by the enactment or revision of codes, laws, or regulations subsequent to the submission of the Contractor's proposal. 23. SUBSTANTIAL COMPLETION The specified warranty period for a specific Project does not begin until final completion of that project under that project's individual Notice to Proceed. . 24. FINAL INSPECTION Upon written notice from the Contractor that the Work is or an agreed portion thereof is complete, the City and the Engineer/Project Manager will make a final inspection and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The Contractor shall address such deficiencies in accordance with Section 19 "Correction or Removal of Defective Work" of this document. 25. FINAL APPLICATION FOR PAYMENT 25.1 After the Contractor has completed all such corrections to the satisfaction of the City and the Engineer/Project Manager and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked up record documents and other documents required by the Contract Documents, and after the Engineer/Project Manager has indicated that the Work . 23 City of Tamarac Purchasin and Contracts Division is acceptable, the Contractor may make application for final payment. The final application for payment shall be accompanied by (1) complete and legally effective releases or waivers of all liens arising out of or filed in connection with the Work and a final affidavit; or (2) the Contractor's receipts in full covering all labor, materials and equipment for which a lien could be filed; or (3) a final affidavit stating that all laborers, material men, Suppliers and Subcontractors who Worked for the Contractor under this Contract have been paid in full or if the fact be otherwise, identifying the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services or materials furnished and the reason(s) why the same remains unpaid. If any Subcontractor or Supplier fails to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the City to indemnify the City against any such lien. 25.2 The Contractor shall also submit with the final application for payment, the completed set of "As -Built" drawings for review and approval. The "As -Built" drawings shall be prepared, sealed and certified by a professional registered land surveyor licensed by the State of Florida. The Contractor shall deliver mylar sepias of the as built project, signed, sealed and dated by the responsible professional. In addition, "As -Built" plans are to be submitted in a digital format in AutoCAD latest version. The Digital File is to be compatible with the City's GIS system. Final payment to the Contractor shall not be made until said drawings have been reviewed and approved by the Engineer/Project Manager. Prior to approval, if necessary, the drawings may be returned to the Contractor for changes or modifications if in the opinion of the Engineer/Project Manager they do not represent correct or accurate "As -built" drawings. 26. FINAL PAYMENT AND ACCEPTANCE 26.1 If, on the basis of the Engineer/Project Manager's observation of the Work during construction and final inspection, and the Engineer/Project Manager's review of the final Application for Payment and accompanying documentation, the Engineer/Project Manager is satisfied that the Work has been completed and the Contractor's other obligations under the Contract Documents have been fulfilled, the Engineer/Project Manager will, within ten (10) days after receipt of the final Application for Payment, indicate in writing the Engineer/Project Manager's recommendation of payment and present the Application to the City for payment. Thereupon the Engineer/Project Manager will give written notice to the City and the Contractor that the Work is acceptable. Otherwise, the Engineer/Project Manager will return the Application to the Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case the Contractor shall make the necessary corrections and resubmit the Application. After presentation to the City of the Application and accompanying documentation, in appropriate form and substance, and with the Engineer/Project Manager's recommendation and notice of acceptability, the amount recommended by the Engineer/Project Manager will become due and will be paid by the City to the Contractor within the required time frame under Florida statue regarding such payments. 26.2 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the 24 CUK t ✓ « The City Far Your Lift Purchasing and Contracts D o Contract fully performed, and a final certificate for payment has been approved by the Engineer/Project Manager. The making of final payment shall constitute a waiver of claims by the City except those arising from: 26.2.1 Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. 26.2.2 Faulty or defective Work and latent defects discovered after acceptance. 26.2.3 Failure of the Work to comply with the requirements of the contract documents. 26.2.4 Terms of special warranties required by the contract documents. 26.2.5 Any of the Contractor's continuing obligations under this Agreement. 26.3 The acceptance of final payment by the Contractor shall constitute a waiver of claims by that payee except those previously made in writing and identified as unsettled at the time of final application for payment. 27. CITY'S RIGHT TO WITHHOLD PAYMENT 27.1 The City may withhold in part, final payment or any progress payment to such extent as allowed under Florida statute, necessary to protect itself from loss on account of: 27.2 Defective Work not remedied. 27.3 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 27.4 Failure of the Contractor to make payments to Subcontractors or Suppliers for materials or labor. 27.5 Damage to another Contractor not remedied. 27.6 The Contractor has incurred liability for liquidated damages. 27.7 Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract sum. 27.8 Reasonable evidences that the Work will not be completed within the Contract time. 27.9 Failure to carry out the Work in accordance with the Contract Documents. 27.10 When the above grounds are removed or resolved or the Contractor provides a Surety Bond or Consent of Surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 28. WARRANTIES 28.1 The Contractor warrants that all equipment, materials and Workmanship furnished, whether furnished by the Contractor or its subcontractors and Suppliers, will comply with the Technical Specifications, drawings and other descriptions supplied or adopted and that all services will be performed in a Workmanlike manner. 25 .' ll . i he uay Far Your Late Purchasing and Contracts Division 28.2 The Contractor warrants to the City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 28.3 The Contractor warrants to the City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 29. CORRECTION PERIOD 29.1 The Contractor warrants all material and Workmanship as noted in the Technical Specifications from date of final acceptance by the City. If within the period of warranty from the date of final completion or such longer period of time as may be prescribed by laws or regulations or, by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, whether observed before or after acceptance by the City, the Contractor shall commence with corrective action within seven (7) days after written notice of the such defect, without cost to the City and in accordance with the City's written instructions, either correct such defective Work, or, if it has been rejected by the City, remove it from the site and replace it with Work that is not defective and satisfactorily correct and remove and replace any damage to other Work or the Work of others resulting therefrom. If the Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Workmanship corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of the Engineer/Project Manager, attorneys and other professionals) will be paid by the Contractor. 29.2 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period as noted in the Technical Specifications after such correction or removal and replacement has been satisfactorily completed. 29.3 Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations that the Contractor might have under the Contract Documents. Establishment of the time period as described in Article 29, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligation other than specifically to correct the Work. 30. DELIVERY/INSTALLATION SCHEDULE 26 City ! Tamarac i ne tarty For Your Lite Purchasing f and Contracts n 30.1 The delivery/installation schedule shall be in the form of a tabulation, chart or graph (MS Project latest edition) and shall be in sufficient detail to show the critical path and the chronological relationship of all activities contained in the project. These include, but are not limited to: estimated starting and completion dates of various activities, submittals required to the Engineer/Project Manager for approval, procurement of material and scheduling of equipment. 30.2 The delivery/installation schedule shall allow for a maximum turnaround time by the Engineer/Project Manager of fourteen calendar days on all submittals, shop drawings and all requests for information. 30.3 The delivery/installation schedule shall reflect the completion of all Work to be performed within the specified time and in accordance with the Contract Documents. 30.4 The delivery/installation schedule shall be thoroughly reviewed and updated on a monthly basis. The revised schedule shall be submitted to the City at least every 30 days during the term of this Agreement and shall reflect a current schedule of activities, percent complete and remaining durations for all tasks. 30.5 Float, slack or contingency time derived from the early completion of tasks on the critical path is not for the exclusive use or benefit of the Contractor. The Contractor shall not utilize such time without the prior written consent of the City. 30.6 If the Contractor desires to make changes in the method of operation after the construction approval of the construction schedule, or if the Engineer/Project Manager determines that the schedule fails to reflect the actual progress, the Contractor shall submit to the Engineer/Project Manager a revised construction schedule for approval. 31. PROTECTION OF PERSONS AND. PROPERTY 31.1 The Contractor shall be solely responsible for initiating, maintaining and providing supervision for compliance with Occupational Safety and Health Act (OSHA) standards for safety precautions and programs in connection with the Work. 31.2 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials and equipment to be incorporated therein; and (3) other property at or adjacent to the site. 31.3 The Contractor shall comply with applicable laws, ordinances, rules, regulations and orders of public authorities bearing on the safety of persons and property and their protection from damage, injury or loss. 31.4 The Contractor shall be liable for damage or loss (other than damage or loss to property insured under the property insurance provided or required by the Contract Documents to be provided by the City) to property at the site caused in whole or in part by the Contractor, aSub-Contractor of the Contractor or anyone 27 City of Tamarac _ � o - � � Purchasing and Contracts Division directly or indirectly employed by either of them, or by anyone for whose acts they may be liable. 31.5 All unit prices provided by the Contractor as a part of this Bid shall include the cost of all safety equipment necessary for the performance of the Work. 31.6 The Contractor shall comply with the requirements of the Florida Trench Safety Act and all applicable OSHA Regulations pertaining to excavation. 31.7 The Contractor shall comply with Florida Statutes, Chapter 556, Underground Facility Damage Prevention and Safety Act and secure the underground locations and obtain a Sunshine State One Call Certification number prior to beginning any excavation. 32. WORK BY THE CITY OR CITY'S CONTRACTORS 32.1 The City reserves the right to perform Work related to, but not part of, the Project and to award separate contracts in connection with other Work at the site. 32.2 The Contractor shall afford the City's separate Contractors reasonable opportunity for introduction and storage of their materials and equipment for execution of their work. The Contractor shall incorporate and coordinate the Contractor's work with the work of the City's separate contractors as required by the Contract Documents. 32.3 Costs caused by defective or ill-timed Work shall be borne by the party responsible. 33. BID PREPARATION EXPENSE The Bidder preparing a bid in response to this bid shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for the expense of bid preparation and/or presentation. 34. CONTINGENCY ALLOWANCE The City reserves the right to add a contingency amount to the contract amount for unforeseen/unknown circumstances during the construction of the project under the Change Order provisions contained herein. The Contractor agrees that any unused portion of the contingency allowance shall remain with City and Contractor agrees they shall have no claim for the unused amount. The Contractor further agrees to execute a Change Order to the contract amount as may be required to deduct the unused amount of the contingency. 35. PRE -BID CONFERENCE The City shall conduct a pre -bid conference/site inspection at the date and time shown herein. Potential bidders are strongly encouraged to attend the pre -bid conference. Failure to attend such pre -bid conference shall not excuse the bidder from the requirement for familiarity with all site conditions, and for complying with all terms, conditions Scope of Work and other requirements of this bid document. 36. CUT OFF DATE FOR QUESTIONS AND CLARIFICATIONS a: City of ,, m .: The Urty For Yaw Lde Purchasing All Bidders are encouraged to submit their questions in writing to the Purchasing & Contracts Division, e-mail address, iim.nicotra@tamarac.orq relating to this project. Sufficient time will be provided Contractors during the bid process to visit the jobsite attend a Pre -Bid Conference and request responses to questions or clarifications with regard to this project. Note: All inquiries shall be submitted at least five (5) calendar days prior to the Bid Opening date. Late arriving questions or request for clarifications may not be addressed. 37. TIME OF COMPLETION The work shall commence and be completed between July 12, 2013 and August 20, 2013. After award of contract (expected in June) and delivery of Payment & Performance Bonds by the successful Contractor to City, a Purchase Order and a Notice to Proceed will be issued by City so Contractor may order equipment that may have associated lead-time. 38. PERMITS AND LICENSES Contractor shall be responsible for securing all necessary City, County, State, and Federal permits for this work. The successful Contractor shall submit copies of all permits required for this work. Cost of any required permit from City and other agencies will be reimbursed, except for the 1% Public Art Fee, if applicable, by City without markup, for properly submitted invoices. Public Art fee is based off of the cost of the Building Permit fee. 39. DELIVERY All items shall be delivered F.O.B. destination to a specific City of Tamarac address. All delivery costs and charges must be included in the bid price. Project substantial completion shall be within (30) calendar days from Contractor's receipt of City's Notice to Proceed. Final completion shall be (10) calendar days from date of substantial completion. 40. BONDS The Contractor shall furnish separate Performance and Payment Bonds in the amount of 100% of the total bid award as security for the faithful project performance and payment of all of the Contractor's obligations under the contract documents. At the completion and formal approval and acceptance of all work associated with specific work performed, a one year warranty period will begin. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 41. PERFORMANCE, PAYMENT AND WARRANTY BONDS Within fifteen (15) calendar days after the contract award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish CITY a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of 29 Ci!y otTamarac _ Purchasing and Contracts Division Treasury Circular No. 570. The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of 100% of the bid award. The Performance Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and save harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. Payment and Performance Bonds must be submitted on City forms, included herein. Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract price, or an additional bond shall be conditioned that the Successful Bidder correct any defective of faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by CITY. The Warranty Bond shall cover the cost of labor as well as materials. 42. LICENSES AND EXPERIENCE To be eligible for award of this project, the Contractor must possess at time of bid opening, a current State Certified and/or County Competency license as required to perform this Scope of Work; as determined by state or county licensing agency, plus a minimum of having performed three (3) verifiable projects of similar size and scope within the last three (5) years. Occupational license must be in effect as required by Florida Statute §205.065. 43. DELIVERY - LIQUIDATED DAMAGES Upon failure of the Contractor to complete the project within the specified time frame (plus approved extensions, if any) the Contractor shall pay to the City the sum of two hundred fifty dollars ($250.00) for each calendar day after the time specified for completion and readiness for final payment. This amount is not a penalty but liquated damages to City. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of the Contractor to complete the Contract on time. City shall have the right to deduct from and retain out moneys which may be due or which may become due and payable to Contractor. The amount of such liquidated damages and if the amount retained by City is insufficient to pay in full such liquidated damages, Contractor shall pay in full such liquidated damages. Contractor shall also be responsible for reimbursing City the total of all monies paid by the City to the engineer for additional engineering, inspection and administrative services until the work is complete. 30 of r it . The City For Your fife Purchasing SCOPE OF SERVICES BID NO. 13-07B UPGRADE OF AUDIOVISUAL SYSTEM AT TAMARAC CITY HALL The City of Tamarac is requesting sealed bids from seasoned audio/visual systems integrators to upgrade the existing audio/visual system in the Commission Chambers and correct outstanding sound quality issues in Conference Room 105 at the Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321. Upon completion of the project, the system shall provide for the successful performance / operation of the following Audio Visual Systems: A. City Commission Chambers 1. Existing system functionality and control features shall be maintained. 2. The new control system shall be network enabled and system controls shall be duplicated in a web/browser based environment. 3. Existing hardware in the A/V cabinet shall not be utilized in the new system. unless specifically approved by the City. 4. Existing cables shall be replaced with upgraded, using modern versions such as Cat 6 and HDMI. 5. Existing projector shall be replaced with an appropriate model that is at minimum 7500 lumens, and is required to produce a non -distorted, movie theater quality image of approximately 15' x 20' on a screen which will be operated under full lighting conditions (incandescent lighting using lighting cans, and a single suspended incandescent fixture.) . 6. The system shall provide for input from the following type of existing devices: a. PC or laptop computer with audio and video. Ports shall be located on both podiums and the City Clerk Station in front of the dais. b. Document Camera (1) C. DVD Player /VCR (2) d. Cable Television input 7. The system shall be capable of integrating with the telephone system (via a telephone line input) to support conference calling. 8. A new A/V cabinet shall be provided by the City. 9. Anew, online APC UPS shall be provided by contractor to support the A/V System operation, capable of supporting the full load of AN equipment (including already existing web streaming equipment) for at least fifteen (15) minutes. The UPS shall contain an APC network management card, thereby facilitating the ability of the IT Department to monitor remotely. 31 City of TamaracThe Gity� For Your Life Purchasing 10. Existing source routing /switching functionality shall be maintained. 11. In addition to the existing volume control / mute functionality, individual microphone volume / mute function shall be provided. 12. Existing audio feeds to City Clerk's Digital Recording System, Press Box, City Hall paging system and the Web Streaming system shall be maintained 13. A full system diagram shall be furnished upon completion. B. Main Conference Room (Room 105) An AN system is already in service at this location. System is mostly functional after recent component level upgrades. Despite such efforts, the intended functionality was not achieved. The City is requesting proposers to provide the following improvements while maintaining as much of the system components as possible. However, the existing Crestron control system should be replaced to match the system utilized in the Chambers. : 1. Determine the causes of the outstanding system issues and provide the appropriate solutions: a. Degradation of audio and video quality during use (mostly related to the quality of wiring terminations in the AN cabinet). b. Poor audio quality /controls (Feedback prevention, volume control, mute function) C. Switching /routing of audio and video. (If the PC is routed to the projector, PC sound should be enabled and controllable while maintaining the microphone input and amplification from around the conference table). 2. Audio/visual system at this location will accommodate multiple input sources for the audience, staff and members of the City Commission. The system shall provide for input from the following type of devices: a. PC or laptop computer b. Document Camera C. DVD Player / VCR d. Cable Television input 3. An audio feed will be provided from the sound system to the digital recording system, City Hall paging system and to the web streaming camera mounted on the ceiling. 4. A full system diagram shall be furnished upon final completion to the City Information Technology Department, which may be submitted as part of the final As -Built drawings. 5. Successful Contractor shall provide on -site training for up to three (3) staff members as may be required upon completion of installation, and prior to the deployment of the system. 32 1 � �'; tt . The €pity For Your Lie " • t s Contracts Division 6. Successful Contractor will provide a complete set of operating instructions/manuals for the new equipment at the point of final completion. 7. All work provided under this Agreement shall be warranted for parts and labor for a period of no less than one (1) year from the date of final completion. Warranty shall cover all products provided under the Agreement, and all labor to correct operational issues, or replacement of parts or equipment shall be provided to the City at no cost during the warranty period. (See Section 28 "Warranties" and 29 "Correction Period" of the "Special Provisions" Section herein for additional details.) 8. Serviceability may be a factor in considering the responsibility of firms responding to this bid. Please provide information regarding your ability to provide service to the City after the system is installed and operational. Please provide information about response time, parts availability, and proximity of the service location(s) to the City. The City requires that the successful contractor will be able to provide service to the City on an "as needed" basis. There may be instances where service lead time will be critical to the successful operation of the system. Please provide the City with your , service lead time information based on the time the first call is received from the City. Please provide the lead time for what your firm considers to as a "priority" call and a "routine" call. Service Lead Time (in hours): Priority Service: Routine Service: 9. Performance: Once completed, the system shall be fully operational, and shall provide for balanced and undistorted sound transmission and successful operability of system components in accordance with manufacturer's anticipated express warranties at least 95% of the time during the first year of operation. Balance of this Page is Intentionally Blank 33 of Tama . The City For Your LifePurchasing and Contracts Division City PROPOSAL FORM BID NO. 13-07B AUDIONISUAL SYSTEM FOR TAMARAC CITY HALL USE OF THIS PROPOSAL FORM IS REQUIRED. USE OF OTHER PROPOSAL FORM OR REVISION TO ANY TERMS & CONDITIONS HEREIN MAY YIELD YOUR BID NON -RESPONSIVE We propose to furnish the following in conformity with the specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Contractor for the successful completion of its obligation as specified in the contract documents All prices shall be quoted F.O.B. Destination, freight pre- paid, with inside delivery, installation, integration, testing, and training. Item / Description 1 Upgrade of AN System in City Commission Chambers a. Projector. Indicate Mfg./Model b. Control System Indicate Mfg./Model c. Audio /Microphones Indicate Mfg./Model(s) Not To Exceed Price S 8 d. Cables I $ Indicate Mfg. e. Parts, components, connectors, hardware, $ supplies and other materials required for the successful installation and operation of the project. NOTE: Include a complete list of components and items to be used in the completion of this project along with your bid response. List should include unit prices. f. Installation (Labor) to include the cost of all labor, time, testing, start-up, clean-up & other ancillary service costs related to the successful installation and operation of the system. M S Total Cost for City Commission Chambers: 2 Upgrade of AN System in Conference Room 105 a. Control System $ Indicate Mfg./Model b. Parts, components, connectors, hardware, $ supplies and other materials required for the successful installation and operation of the system. NOTE: Include a complete list of components and items to be used in the completion of this project along with your bid response. List should include unit prices. c. Installation (Labor) to include the cost of all $ labor, time, testing, start-up, clean-up & other ancillary service costs related to the successful installation and operation of the system. Total Cost for Conference Room 105: 3. Training of Personnel on proper operation and care of the system for up to three (3) staff $ members. 4. Indemnification $10.00 TOTAL BID PRICE: $ (Total Items 1 & 2) PROPOSAL SUBMITTED BY: Company Name: Address: City: State: Telephone: FAX: Email: Zip: NOTE: To be considered eligible for award, one (1) original copy of this Bid Form must be submitted with the Bid. 35 Cit., 1 hP C�tgr for Your Ltfe Purchasing iContracts NO BID INDICATION (IF "NO BID" IS OFFERED): Please indicate reason(s) why a Proposal is not being submitted at this time. COMPANY NAME: (Please Print): Phone: Fax: Balance of this Page is Intentionally Blank 36 UtKjoTamarac The City For Your Life Purchasing and Contracts ! ivisio BEFORE SUBMITTING YOUR PROPOSAL, MAKE SURE YOU... F-1 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. F12. Include Bid Form herein. Use of Alternate form of Proposal or revision to terms & conditions herein may yield your bid non -responsive. ❑ 3 Include a list of components to be used in the system. F-14 Provide Reference Form herein. F-15. Fill out and sign the Non -Collusive Affidavit and have it notarized. properly ❑ 6. Sign the Certification page. Failure to do so will result in our Bid being deemed g Y g non -responsive. F-17. Fill out the Offeror's Qualification Statement F-18 Sign the Vendor Drug Free Workplace Form. [__1 9 Fill out the List of Sub -Contractors or Subcontractors, if applicable. F-1 10 Fill out and sign the Certified Resolution. F-1 11 Please provide information regarding your ability to provide service to the City after the system is installed and operational. Please provide information about response time, parts availability, and proximity of the service location(s) to the City. F-1 12 Include all necessary Financial Statements that may be requested within the bid. F-1 13 Include any applicable County or State certified Licenses required to be held by Contractor or sub -contractors performing the scope of work. F-1 14 Include copy(s) of current Proof of Insurance certificates. F-1 15 Provide any additional documentation requested within the Bid Document. F-1 16 Submit ONE (1) Original AND two (2) copies as requested in the Bid Instructions. Clearly mark the sealed container with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Proposals will _not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID RESPONSE. 37 City of Tamarac The City Vicar Vo�ir Lrfe . and Contracts' REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/Fax E-mail Agency/Firm Name: Address City State Z i p Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Ci of The Urty For Your t ife Purchasingand Contracts. Tamarac LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non- responsive and may cause its rejection. Work to Be Performed % Total Contract 39 Contractor License No. if applicable Subcontractor Name/Address of tr . The City For Your Life .► urchasin and Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE PROPOSAL We (I), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (I) certify that we(I) have read the entire document, including the Scope of Work, Additional Requirements, Supplemental Attachments, Instructions to Proposers, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Request for Proposals. SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88th Avenue Tamarac, Florida 33321-2401 Indicate which type of organization below: INDIVIDUAL F-1 PARTNERSHIP ❑ If "Other", Explain: _ CORPORATION ❑ Authorized Signature Company Name Typed/Printed Name Telephone Fax Email address for above signer (if any) Address City, State, ZIP M Federal Tax ID Number OTHER F-1 City of Tamarac �The Lity Fir Your iiie Purchasingand Contracts Division CERTIFIED RESOLUTION I, (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this _ day of , 20�. (SEAL) Secretary Corporate Title NOTE: By. The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. 41 City_of Tamarac ..... Purchasin & Contracts Division PROPOSER'S QUALIFICATION STATEMENT The Proposer, under oath certifies to the truth and correctness of all statements and of all answers to questions made hereinafter: 1. If Proposer is a corporation, answer the following: a) Date of Incorporation: State of Incorporation: 2. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 3. How many years has your organization been in business under its present business name? a) Under what other former names has your organization operated? List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 4. State the name of the individual who will serve as the primary contact for the City: 5. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: 7. Has your company ever declared bankruptcy? Yes ❑ No EJ If yes, explain: 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes ❑ No ❑ If yes, explain: (date, service/project, bid title etc.) 4 Have you ever received a complaint on a contract governmental entity? Yes ❑ No ❑ If yes, explain: or bid awarded to you by any 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No ❑ If yes, explain: 42 Cite Tamarac � � � � � . � � � � � _ Purcha i� Qq2tracts � iisidn The Offeror acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Signature ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Narne(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: • DID take an oath, or ❑ DID NOT take an oath NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) m Grit of Tamarac -------- ____� _� Purchasing & Contracts Division NON -COLLUSIVE AFFIDAVIT State of ) County of ) says that: 1. )ss. He/she is the Representative or Agent) of that has submitted the attached Proposal; being first duly sworn, deposes and (Owner, Partner, Officer, the Offeror 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: M Witness Witness Printed Name Title City of Tamarac _. Purchasin Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) Whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath City of Tamarac Purchasing & Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, & employee assistance programs, and penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing commodities or contractual services that are under bid a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after each conviction. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Company Name ln fit of Tama, a --------------------------------- ��� �__�_ � � urchasi `ontracts Division �. FORM PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, as Principal, hereinafter called CONTRACTOR, and, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Dollars ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.: awarded the _day of , 20 , with OWNER for which contract is by reference made a park hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Indemnifies and pays OWNER all losses, damages (specifically including, but not'limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 713.01 supplying CONTRACTOR with all labor, materials and supplies used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Contract, then his obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within forty five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to the CONTRACTOR a notice that he intends to look to the Bond for protection. 2.2 A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to the CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment. 2.3 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect the Surety's obligation under this Bond. 47 City of Tamarac � _ _ Purchasing Contracts Division Signed and sealed this day of , 20 WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) IN THE PRESENCE OF: Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone City of Tamara _ _ _ _ Purchasing & ContractsDivision ACKNOWLEDGMENT State of County of On this the day of Public of the State of Florida, FORM PAYMENT BOND 20_, before me, the undersigned Notary the foregoing instrument was acknowledged by: of (Name of Corporate Officer) (Title) ,a (Name of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: DID take an oath, or ❑ DID NOT take an oath (State of Corporation) NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) n itv of Tamarac _ � _ � � � _ � � � _ _ _ _ T � � Purchasing& Contracts Division CERTIFICATE AS TO PRINCIPAL , certify that I am the Secretary of the Corporation named as Principal in the foregoing Payment Bond; that , who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) (Name of Corporation) 50 i t of Tamarac_ r asi Contracts Division FORM PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we, as Principal, hereinafter called CONTRACTOR, and, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Dollars, ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.: awarded the `day of , 20 , with OWNER for which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Fully performs the Contract between the CONTRACTOR and the OWNER dated , 20= for the within calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and I Upon notification by the OWNER, corrects any and all defective or faulty work or materials, which appear within one (1) year after final acceptance of the work. 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. 4.1 Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.2 Complete the Contract in accordance with its terms and conditions; or 4.3 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the OWNER elects, upon determination by the OWNER and Surety jointly of the best, lowest, qualified, responsible and responsive Bidder, arrange for a contract between such Bidder and OWNER, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph, shall 'City of Tamarac __.�_..__.____ Purchasi � , & Contracts Division mean the total amount payable by OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein and those persons or corporations provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents -and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) 120 Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above City of Tamarac �_...�._�_Purchasing Contracts Division IN THE PRESENCE OF: INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone 3 Ci�of Tamarac � � � � � _ Purchasinct & Contracts Division ACKNOWLEDGMENT FORM PERFORMANCE BOND State of County of On this the day of , 20 before me, State of Florida, the foregoing instrument was acknowledged (Name of Corporate Officer) (Title) ,a (Name of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: DID take an oath, or ❑ DID NOT take an oath the undersigned Notary Public of the by: of (State of Corporation) NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) C�Ka�_Tamarac ------ ._ .. �.� Purchasing Contracts Division. CERTIFICATE AS TO PRINCIPAL , certify that I am the Secretary of the Corporation named as Principal in the foregoing Performance Bond; that who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her signature thereto is_ genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) (Name of Corporation) City of Tamarac _ Purchasing & Contracts Division Contract Title: Contract/Purchase Order No.: APPLICATION FOR PAYMENT Original Contract Value: Contract Change Order Value: Current Contract Value: Cumulative No. Change Orders: Application for Payment is made, as shown below: 1. Original Contract Sum $ 2. Net Change by Change Orders $ 3. Contract Sum to Date (line 1 (+) or (-) line 2) $ 4. Total Completed and Stored to Date $ 5. Retainage a. _% of Completed Work $ b. % of Stored Material $ c. Total Retainage (line 5a +line 5b) $ 6. Total Earned less Retainage (line 4 —line 5c) $ 7. Less Previous Application For Payment (subtract line 6 from prior A.F.P.) $ 8. Current Payment Due $ 9. Balance to Finish, plus Retainage (line 3 —line 6) $ Submitted by: Contractor Approved for Payment: Project Manager Date: Date: W l y of Tamarac DATE OF ISSUANCE: OWNER: CITY OF TAMARAC 7525 NW 88" Avenue Tamarac, FL 33321-2401 BID NO. CONTRACTOR Purchasing & Contracts Division CHANGE ORDER CHANGE ORDER NO. PROJECT NAME: PROJECT NO. P.O. NUMBER IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN THE PLANS AND SPECIFICATIONS: DESCRIPTION: PURPOSE OF CHANGE ORDER: CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Time Previous Change Order No. to No. Net change from previous change orders Contract Price prior to this Change Order Contract Time prior to this Change Order Net (Increase) of this Change Order Net (Increase) of this Change Order Contract Price with all approved Change Orders Contract Time with all approved Change Orders RECOMMENDED APPROVED APPROVED BY BY BY Director City Manager Contractor Date Date Date Cif Tamarac _ _ � Purgiaasiq� L& Contracts Division FINAL RELEASE OF LIEN BY CONTRACTOR STATE OF • COUNTY OF • The undersigned contractor, under a certain contract with the City of Tamarac, dated , 20_, in connection with the following public work: PROJECT: CONTRACT NO. does hereby acknowledge receipt of the full contract price of $ , as modified by change order, addenda, etc., and hereby releases and discharges all liens, lien rights, claims or demands of any kind whatsoever which the undersigned contractor now has or might have against the City of Tamarac arising out of said contract or in connection with the aforesaid public improvement. That all claims, liens or other entitlements for labor, services, materials or supplies furnished, in connection with the aforesaid improvement have been fully paid. That an affidavit on behalf of the contractor, signed by , has been furnished to the City of Tamarac, as well as final releases of lien executed by all materialmen and subcontractor regardless of their tier. IN WITNESS WHEREOF, the contractor has caused this release to be executed in its name and under its seal by its proper officers, this day of B. Signed, Sealed and Delivered in the Presence of: Contractor Corporate Secretary Signature President Signature Type Name Type Name 120 E City of Tamarac Purchasing & Contracts Division ACKNOWLEDGMENT FINAL RELEASE OF LIEN State of Florida County of Broward On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: DID take an oath, or ❑ DID NOT take an oath NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) C itof Tamarac Purchasing & Contracts Division FORM AGREEMENT BETWEEN THE CITY OF TAMARAC AND 44. THIS AGREEMENT is made and entered into this — day of , 20 , by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and , a principal offices located at (the "Contractor') to provide for corporation with Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1. The Contract Documents The contract documents shall consist of this Agreement, Request for Proposal Document No. 13-0713, "Upgrade of AudioNisual System at Tamarac City Hall", including all conditions therein, (including any General Terms and Conditions, Supplementary Conditions, Statement of Work or any other provisions contained within the document), any and all addenda, Proposal executed and submitted by the Contractor, specifications, bond(s), (if applicable), and insurance certificate(s), the City Resolution awarding the project, and all modifications issued after execution of this Agreement. These documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2. The Work The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1 Contractor shall furnish all labor, materials, and equipment necessary to print, furnish, deliver and distribute various City of Tamarac publications. 2.2 Contractor shall provide all services in accordance with the Statement of Work enumerated in Request for Proposal 13-0713, "Upgrade of AudioNisual System at Tamarac City Hall". 2.3 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.4 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.5 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or sub -Contractors, if any, with respect to the work and services described herein. ii 3. of Tamarac Insurance rchasina & Contracts Division a. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid or proposal document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager Certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. b. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4. Time of Commencement and Substantial Completion 4.1 The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10) days after the date that Contractor receives the City's Notice to Proceed. The work shall be substantially completed within calendar days from issuance of City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. For the purposes of this Agreement, completion shall mean the issuance of final payment. 4.2 Prior to the commencement of work hereunder, the parties agree to work diligently and in good faith in performing their obligations hereunder, so that any required permits for the work may be obtained by City in accordance with the Schedule included in the Contract Documents. In the event that any delays in the work occur, despite diligent efforts of the parties hereto, and such delays are the result of force majeure or are otherwise outside of the control of either party hereto, then the parties shall agree on an equitable extension of time for substantial completion hereunder and any resulting increase in general condition cost. 5. Contract Sum The Contract Sum for the above work is Dollars and cents ($ ). 6. Payments Payment will be made for work that has been completed, inspected and properly invoiced. Retainage of ten percent (10%) will be deducted from monthly payments until 50% of project is complete. Retainage will be reduced to five percent (5%) thereafter. Retainage monies will be released upon satisfactory completion and final inspection of work. Invoices must bear project name, project number and bid P.O. number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. Contractor shall invoice the City and provide a written request to City to commence the one (1) year warranty period. All necessary Releases of Liens and Affidavits and approval of Final Payments shall be processed before warranty period begins. All payments shall be governed by Florida Prompt Payment Act, F.S., Part VII, Chapter 218. City desires to be able to make payments utilizing City's Visa Procurement Card as a means of expediting payments. It is highly desirable that the successful proposer have the capability to accept a Visa Procurement/Credit card as a means of payment. Regardless, vendor must accept electronic payments either via Procurement/Credit card or via direct deposit through electronic funds transfer (EFT). City of.Tamarac Purch,asing & Contracts Division 7. Indemnification 7.1 GENERAL INDEMNIFICATION: Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any sub - Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Contractor in the performance of the Work; or c). liens, claims or actions made by the Contractor or any sub -Contractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Contractor. 7.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 7.3 The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorneys fees) and costs. 7.1 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. Nothing contained herein is intended nor shalt it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 8. Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 9. Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the n Cii of Tamarac Purchasif7,q & Contracts Division State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 10. Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11. Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney_ at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR 12. Termination 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 12.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor Ciy of Tamarac Purchasing & Contracts Division neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 13. Uncontrollable Forces 13.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 13.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 14. Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 15. Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 16. Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 17. Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 18. Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. City of Tamarac Purchasit2g & Contracts Division 19. No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. Balance of Page is Intentionally Blank Cify of Tamarac Purchasing & Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its, duly authorized to execute same. ATTEST: Patricia Teufel, CMC Interim City Clerk Date ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMARAC Beth Talabisco Mayor Date Michael C. Cernech, City Manager Date: Approved as to form and legal sufficiency: Samuel S. Goren Company Name Signature of President/Owner Type/Print Name of President/Owner Date it € f' Tar arac Purchasing & Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , of t Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of 120 Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. DUMS PROPOSAL FORMS REFERENCES CERTIFICATION j QUALIFICATION STATEMENT R-DRUG FREE .i k4 FW 0 _}low��7r if}} r r t t. :. „r ............. w.w......:....:...:.. :..1vn..u•.•-va-.:�:ae. - ...mm•.avnc[.w.ii:.;.;.: w:.vuw':..n.n .vu .1..:.e; ._ _s-- •. _✓ L{. .L A.Gh -4:. .w.:L:L:4i}.l'^ <.,.A .L. .. .... ....... K.. /.:.w.� FEDERAL GOVERNMENT EXPERTISE With more than 40 years of industry experience, AVI-SPL specializes in developing the audio video technology of federal operations environments, As the global industry leader and a GSA contractor, AVI-SPL understands the critical need for effective presentation systems within a variety of venues. Our firm increases the readiness of the military, in addition to the operations of key local, state and national government agencies across the country. AVI-SPUs GSA contract supports the supply of audio video technology from over 400 manufacturers, which allows us to offer our clients the hest, cutting -edge selection of equipment and services. Our highly -trained technicians and staff are well -researched on the policies and regulations for purchasing, bidding, -contracts and workflow, Additionally, AVI-SPL offers comprehensive 24/7/365 support, available both on -site and off -site. Our areas of expertise include Secured Videoc+onferencing Centers Emergency Operations Centers Public Meeting Areas * Briefing Rooms * Command and Control Centers « Commission Chambers * Courtrooms 9 Auditoriums a Digital Signage From sophisticated videoconferencing and video gall displays, to easy -to -use systems that give you control at a single touch, AVI-SPL seamlessly integrates superior, customized technology to enhance communication and presentation capabilities. PARTIAL CLIENT LISTING.' Centers for Disease Control Federal Aviation Administration Federal Bureau of Investigation Homeland Security Langley Air Force Base Lockheed Martin U.S. central Command U.S. Department of Defense O.S. Naval Academy CITY Am PURCHASING AND CONTRACTS DIVISIOM 7525 NW 88"' AvENUE UmARAc,ft 33321 "Committed to Excellence... Always" ADDENDUM NO. 1 The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Bid No. I 3-07B. 1 Note-�i, Page 29, Para. 38. Permits & Licenses — This project will require a Tamarac Building Permit for some new wiring and some equipment. Therefore, a I% non- refundable Public Art Fee will be assessed on the construction value of this project and Will be collected by the Building and Code Compliance Dept. All other required permits and fees shall be secured by Contractor and will be reimbursed at cost her ON for properly submitted invoices. �`�Forthose interested, a 2site visit facilitated by our I.T. Dept., is scheduled for Monday, March 25th at 2:OOPM, Tamarac City Hall, Room 105., If interested, please arrive by 2:00 for this walk thru, AN System in Conference Room 105 shall have new,appropriate equipment to accommodate 8 Revo Labs microphones, Audio and Video Switching Equi::Pment and feedback suppression. ProjerCt is to include 2-Way Control communication (with status feedback) for both Room 105 and the Commission Chambers. Control screen shall be 10" viewable for the Commission Chambers and Conference Roorn 105.. Commission Chambers - Replace a total of (16) microphones.; (12) Dias, (2) Wireless, and O Podiums, Commission Chamber Pro'jector_ shall be LCD 525 fl'VY 8811f t A j-) u t-*s. X lio ry i a ( o c F I o ricki 3 3 3 42 1 .2 -4 0 1 1W ( 9 5 x!) 5 10" i 5,70 a IFfix 19 5 4) 5 9 7 3 5 6*5 10 vv wiA . lawaroc Org !I'quol Oppoot 11uns *v, (-mk,.A0yw CITY of TAMARAC PURCHASING AND CONTRACTs DivisioN 7525 NW 88" AVENUE TAMARAC, FL 33321 "'lCommitted to Excellence ... Always" ADDENDUM NO. 2 BID NO,13ft078 UPGRADE OF AUDIOIVISUAL SYSTEM AT TAMARAC CITY HALL DATE OF ADDENDUM': APRIL 1. 2013 .. . . ... . . . E. The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Bid No. 1 3-07B. NOTE.- The Bid Date has changed from April 3d to Monday, April Wt. All bids must be delivered to Room 108, Tamarac City Hall, 7525 NW 88 "' Ave, Tamarac, FL 33321, on or before, 3.00 pm local time. One additional site Visit has been sctieduled for this Wednesday, April 3rd at 9:30 am. Interested Bidders are invited to meet promptly in Room 105., Tamarac City Hall$ 7525 NW 88.1"' Ave, Tamarac, FL 33321 Additiosial informatiorr I UPS Operation Requiret-nents, Cha rnber AV Control Roo. at — Single UP cinit is to provide smooth over to Ih( -, AV Cabinet cornponents and the Web Strearning Equiproent and keep the cot n pc')i -tents alive dUring brief power outages. or flux tuations It is not, expected to supply power to any systenn c,c)rnponerits WWI& of the AV Control Room, 6. C"onfererice, Roorn 105 — Single UPS unit is to provide smooth power 1-cl tf-ie4 AV (.,abj'nP4 components an(J keep the. components alive during brief powp-r outaqecs, or fluotuattions.. 10's not expented to supply power to any ystern co viijwnents outside of the AV Cabinet. [M.) / VO4R, / Document (':arnera unit, s shall riot he repla. cold and removed froni tN-,^i AV (t4 -1. to be. t'l-Onsidered a sourcfi:)r the oi� )k.1 5 �6 Avar 1* kAd Page Acid (2) Control 29 J L or equivalent wall mounted speakers (include wall brackets) to the Commission Chamber Audio System. Please acknowledge this Addendum No. I by return with your bid and/or acknowledge receipt in your bid. Feld opening date remains April 3, 2013 at 3PM. Deliver bids to Room 108, Tamarac City Hall, 7525 NW 88h Ave, Tamarac, FL 33321. Audio Visual Innovations, Inc. NAME OF BIDDEN. CITY OF'TAmA A PURCHASING AND CONTRACTS DIVISION 7525 NW 88r" AVENUE TAMARAC, FL33321 "'Committed to xcettence...Always" ADDENDUM NO. 3 BID Nos13-03 B UPGRADE of AUDIO/VISUAL SYSTEM AT TA ARAC CITY HALL DATE OF ADDENDUM APRIL 4, 2013 ._ ::......:.w.' : _ �. ... .._.. ....... .... ...�.. The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Bid No.13-o7B. NOTE-. Bid Opening Date has changed from April 8, 2013 to Monday, April 1 , 2013, 3:00 PM local time. A forthcoming Addendum No.: 4 is expected to be issued within a few days containing additional or revised specificationlclad caflon. Please acknowledge this Addendum No. 3 by return Wth your bid and/or acknowledge receipt in your bid. Bid opening date is now Monday, April 15, 201 at 3PM, Deliver bids to Room 108, Tamarac City Hall, 7525 NW 88"' Ave, Tamar-ac, FL33321 NAME OF BIDDER: Audio Visual Innovations, Inc. 'v18 8 A uec TaiCf C0(7 c) .� � � �� � �#.] j 7�� ..+.. �. �`� 1,,. - ,J 1 M v,� l ,( ..j... 4��1. .fi '� -.�d ..��..i •.� �`'tf.�Yi 11.+�i���vr ��t e 3 Below is the list of approved components that shall be ublized in the new system deign, Crown Amps in bath locations are among the components to be replaced a v+olabs System Components b# Telex ADS► Listening System Screen Shots attached of current Crestron Remote Control Screens Please acknowledge receipt of this Addendum No. 2, by returningit and/or acknowledging it in y0tir Proposal. COMPANY NAME,: Audio Visual In o sation , Inc CITY OF TAMARAC PURCHASING AND CONTRACTs DiviSION 7525 NW 88"' AVENUE TAMARAC, FL 33321 "Committed to Excellence. ..Always" ADDENDUM NO. 4 BID NO.13-078 UPGRADE OF AUDIO/VISUAL SYSTEM AT TAM AC CITY HALL DATE Of ADDENDUM,* API L 4,2013 ............ The f'ollo ing cladfications, changes, additions and/or deletions are hereby made part of the Contract Documents for Bid No, 13-078. The City will adopt Native HD standardsin both A/V locations and therefore Bidders shall accommodate appropriate wiring and components. Existing PCs without DVI support shall be replaced by the City. Commission Chambers -1, Replace 14 existing rnicrophone..s with 21-24" gooseneck microphones shock mounted with mute function 2- Provide VGA with Audio / HDMJ plates on the centef desk, the guest podium, AVRack 3 Projector shall produce native HD image. All other system components and wldnq shall support the same. 4 DVI shall be the standard. for the Podium, Center Desk and the Dais, 5. Syste*am shall SLIpport 7 sound feed zones (Speakers, Web Stream Telephone System, conference calling... 6 Apple TV input shall be provided 7. Two rnicrt,)phurie jt; on 0--ie canter desk shall remain conne(.,,.,tP,(J and functional.. 8. DVD / VCR / Doc;ijrrient Garnera St-.)urces shall be elinfliv:ited from the system design 9 City sh-a-Irl r.-Wovido, Cable bt..)x with hardwired re note Poll 10 C.*,*jty sh.-cill provit-Je, fix,-11le"( to (14) 19 0 widescreen nionitt.,I)rs with DVI input 11 A41-th 6 1,,-)1 tli.onitons J by the center det�h Shall operate-.--%, III 11 , f­t' -) C1 3 �* , " �? � ': ) . (. ) 1 0 (0 r- A ? " �.j��, (jr 4 h it shall provide lnf rr�i ior� o the existing speakers,dimensions, etc, , Ex isting Crownlifier shall be reutilized, Conference 105 I Projector shall produ<;e native HID image, All other system components and Wring shall support the same. . Audio confer acing shall be provided 3, Apple TV input shall be provides . DVD / VCR Docurnent, Carries Sources shall be elirrimated from the system design , City shall Prov'de Comcast Cable box with hardWired infrared r rnot port ..... Existing gown rlr * r ba Note: Infomiatio ! regarding the current Speakers and Box dimensions shalt be. advised next week. Please acknowtedoe this AddendUm. N A by retum: with your bid and/or acknowledge receipt in your bid. Bid_ opening dateis Monday, April 1 ,. 2013 at. 3PM local tires. Bids must be delivered to Room 108 by 3.-OOpm, Tamarac C"it Hall., 75,25 NW 88hAve, Tamarac, FIL 33321. NAME DOE. owl QTY OF TAMARAC, PURCHASING ANONTRACTnAsm 7525 NW 88" AVENUE TAMARAC., FL 33321 "Committed to Excel/ence...Alwoys" BID NO. 13-078 UPGRADE OF AUDIO/VISUAL SYSTEM AT TAAA C CITY HALL DATE OF ADDENDUM: APRIL 8,2013 . .... ....... ... ........ . ...... ....... ... ... TO ALL P� ROW E CT1 VVE 81 DDER'S';, -Pi P.., fo11,()wing clarifications, cha. nges, additions and1w deletjooiis are, heral-)y mads ptwt of tht? Gontrac.,J Dociirnents- for Sid, No. 13-07B. NO'rEo- Photos -aftar,,hed of current Speakers in City's Commission Chambers. Please aoknowledge this Addendutii W. 5 by return with your bid and/or aPki opp,-ning date is Monday, April 16, 2013at t�.k-nowledge. recelpt in yoor bi d 1 31-) "Tamarac Gitv M lo4�al fitne. Bids rfius-t be deliverf..ad to Ri-x..)m 108 by Hall, 7526 NW 88 1h Ave, Tamarac, FL, 33321 NAME CIF SIDIDER♦ ::.� :y � '� ., a 'fit '• 4y ,.�. 1 • v, S Three (3) 6. 'Inch speakers T (2) 12 inch s ea keyjsubwoofer 4 Feet 2'x4' plywood speaker boy :s t> ? yxyry��}}uwM� etp ��i J� 4.' .. 12 inch C1411-ne. Pr 4 4 (J'AIIII)ISSIO 9?., ' ';...�..q..,^. i. a 2., r <.aa -�: �$, ...' S(".".1 n e Four (4) 6 liner speakers One (1)1 inch Speaker/subwoofer 2;x4l plywood speaker box 4 Feiet I 0 t 2 Feet a 6 0 1 CITY OF TAMARAC -PURCHASING AND CONTRACrS DIVISION 7525 NW 88"' AVENUE, TAMARAC, FL 33321 "'Committed to ExcellenCe.-Alwoys" The following clarifications, changes, additions and/or deletions are hereby mad I P, part of the. Contract DOCLIMerits for Bid NoI 3-07EK It is anticipated that this AddendUrn N«-). 6 will be the last prior` to Sicl Open* -1g, Bid Opening has been changeid from Monday, April 15 to Wednesday April 17, by 3-0-OPM local time and place Room 1051, Tarnarac City HaIV NOTE Con.-wilssion Chambero, 7,000 Lumens (rriin) LCD WUXGA - 1900 x 1080 or '1900 x 1200 - 16. 9 or 16.10 acceptablf:;,.. . Mips 21 "-24" as adviset] with a klantial Mic-Mute R0(.')f0 105. 35-00 LL10KNIS,, W.UXGA Pro.19(.-.Jor, No Laaip replaceme"I... 3 W. rvanty, Instant On. Room 105: Include a ne..w oode--.� acwepta. tale at-w-I a- pp..ropriate re.placernof t Projector Mount, P lea,�e thls,- Addavidiirn. No 6) by raturn wito"I Yoe hid andin. r ao.kri.owledge. rpeat.;eipfl in your hilly bld opening 6,-)teI,s Wednasday, April *17, 201,3 al I firne, J)1(r.'IS_.I h�ci (Jerig ered -to Room 108 by 3'-O:Opmr� GNIY n43 0 F�- i 'r 5:15 -4j : * I Jw .. ..a .Y...... ..r---w..w.. .�. . � ..---x... .. ..... . ..� Pw .u......u...w...,......nr.v..•r ....v ..... v .... ... .vim.-w-.wrwwrw Nw.<. N...............r .............♦ .r.r... J.. ..S. .r rviMv Mn PROPOSAL FORM BID NO. 134713 AUDIOVISUAL SYSTEM FOR TAMARAC CITY MALL USE of THIS PROPOSAL FORM IS REQUIRED. USE of OTHER PROPOSAL FORM OR REVISION TO ANY TERMS & CONDITIONS HEREIN MAY YIELD YOUR BID NON -RESPONSIVE e propose to furnish the following in conformity with the specifications and at the below bid prices. The hid prices quoted have been checked and .certified to be correct. Said pries are fixed and firm and shall be paid to Contractor for the successful completion of its obligation as specified in the contract documents All prides shall be quoted F.O.B. Destination, freight pre- paid, with 'Inside delivery, installation, integration, testing, and training. Item / Description I Not To Exceed Price 1 urgraclefSystem in City' oinrsslc Chambers a . Projector. Indicate Mfg./Model b. Control System Indicate Mfg ./Model c. Audio / Microphones Indicate Mfg./Model(s) d. Cables Indicate Mfg. e. Parts, components, connectors, hardware, supplies and other materials required for the successful installation and operation of the project. NOTE: Include a complete list of components and Items to be used in the completion of this project along with your bill response. List should include unit prices. f. . Installation (Labor) to include the cost of all labor, time, testing, startup, clean-up & ether ancillary service costs related to the successful installation and operation of the system. 3 Total Cost for City Commission Chambers: ♦ .. .Y. x...w.-Nt...i..♦,.O:.N...•..'iY •-. .x.J. J.. �. ..........,.............. ....r........• . vnYNvnv.twiJnYx.MY.vvFwwwvw.�.................................s. a...s :•. .x.•evY...wvn..v .rhwwrw+w..v r..•rr+.�.w.�w....... .Y..w.y.y •. 6. Successful contractor will provide a complete set of operating instructions/manuals for the new equipment at the point of final completion, 7. All work provided under this Agreement shall be warranted for parts and labor for a period of no less than one (1) year from the data of final completion. Warranty shall cover all products provided under the Agreement, and all labor to correct operational issues, or replacement of parts or equipment shall be provided to the city at no cost during the Warranty Period.. (SeeSection 28 'warranties" and 29 "CorrectionPeriod" of the especialProvisions" Section heroin for additional details, 11 8. Serviceability may he a 'factor in considering the responsibility of firms responding to this hid. Please provide information regarding your ability to provide service to the City after the system is installed and operational, Please _provide information about response time, pares av heserv�ce ocatron s to the :art ,.: __ The city requires that the successful contractor able to provide sar�rice to the pity on Sri 'gas needed, basis. There may be :,instances where service lead time Will be critical to the successful operation of the system. Please :provide the City with your service lead time information based on the time the first call- is received from the City. Please provide the lead time for what your firm considers to as a "priority" call and a "routine call, Service Lead Time (in hours), Priority Service. _ Routine Service; 9. Performance once completed, the system shall be fully operational, and shall provide for balanced and undistorted sound transmission and successful operability of system components in accordance with manufacturer's anticipated express warranties at least 9 % of he time during the first year of operation. Balance of this Page is Intentionally Blank 33 C; of Tamarac Purchasing and Contracts Division 2 Upgrade of AN System in Conference Room 105 a. Control System Indicate Mfg./Model b. Parts, components, connectors, hardware, supplies and other materials required for the successful installation and operation of the system. NOTE: Include a complete list of components and items to be used in the completion of this project along with your bid response. List should include unit prices. c. installation (Labor) to include the cost of all labor, time, testing, start-up, clean-up & other ancillary service costs related to the successful installation and operation of the system. ill Total Cost for Conference Room 105: 3. Training of Personnel on proper operation and care of the system for up to three (3) staff $ members. 4. Indemnification $10.00 1'LCASE 5F__�F �J rrAc-r-1F'4 TOTAL BID PRICE: (Total Items 1 8 2) PROPOSAL SUBMITTED BY: Company Name: Audio Vi: t.Ea1 InnC witinw;. in(% Address: p►eid Beach, Fi 3�2 city: State: rL- .0Tele hone:+ � �� Emai1: zip: �sp I /Val NOTE: To be considered eligible for award, one (1) original copy of this Bid Form must be submitted with the Bid. 35 C of Tamarac _ Purchases and Contracts Division NO BID INDICATION (IF "NO BID" IS OFFERED): Please indicate reason(s) why a Proposal is not being submitted at this time. COMPANY NAME: (Please Print): Phone: Fax: Balance of this Page is Intentionally Blank 36 Audio Visual innovations, Inc. - A tiMhcllt`7 owned subsidiary of AVI-SPL Inc. 718 South Military Trail :s Deerfield Beach, FL 33442 "I 44:-T,`f (954) 938-9382 Fax (954) 776-4772 CITY OF TAMARAC 7525 N.W. 88TH AVENUE TAMARAC, Ft. 33321 ,LAMES NICOTRA PAUL M. WAREHAM April 12, 2013 187259 ROOM 105 June 11, 2013 i } APC AP9t334 LAN MANAGEgfW INTERFACE CARD RA UPS 1 APC SMT754RM2U RACK MOUNTED UPS.150VAC S393.02 $393.02 1 APPLE 10" WIRELESS CONTROL TOUCH SCREEN WfTH APPLICATION LICENCE 5579.07 5579.07 1 ASUS RTN66U WIRELESS GATEWAY S180.23 $180.23 2 AVISPL Z*9 DVl TO HOMI ADAPTOR $2 66 $5.32 1 MSPL 9170 30' HOMI CABLE $45.44 $46 44 1 AWSPL 9173 6V HON11 CABLE $7g.38 $79.38 1 GRIEF GMA64OW TRIM RING WHITE S52.94 S52.94 1 CHIEF CMS003%v 3' PROJECTION COLUMN. WHITE $7.91 S7.91 1 CHiEF CM6440 UPPER PRQiECTOk P64OUNT S33.88 S33.88 1 CHIEF RPMAUW LOWER PROJECTION MOUNT WHITE $34,12 S34.12 .1 CHIEF UNS1 UNIVERSAL SHELF 1RU $18.40 S18.40 1 CLEARONE 310.154.055 8 CHANNEL AUTO MIC1LINE 14-AER WITH AEC AND PHONE DIALER $2.124.36 $2.124.36 5 COMPREHENSIVE MHD-MN17.3EPR0 311DW CABLE (PRQJECTOR. APPLE TV, CABLE BOX. ACCt;S$ PLATE, %{C}MI S1 T.44 S87.20 I COMPREHENSIVE h4VGA15P-P-3HWA 3' VGA WITH AUDIO CABLE (RACK ACCESS PLATE) $17.65 $17.65 1 CRESTRON CBL440-DVI-6 V DVt TO HOMI CABLE (C E DESKTOP) $29 41 $29.41 1 CRESTRON OMPS100C MULTIMEDIA SWITCHER AND SYSTEM CONTROLLER $3.529.41 $1529.41 1 CRESTRON 0MRMC8CALERC HDMI RECEIVER WITH RS232 CONTROL (PROJECTOR) $813.95 ,S813.95 1 CRESTRON HDDA2 HOMI DISTR81.0710N AMPLIFIER S294 12 $a94.12 1 LIBERTY RAPC1RU 1RU RACK ASSESS PLATE WITH VGA WIT14 AUDIO AND HDMI INPUT $105.81 S105.81 1 MIDDLE ATLANTIC FEBtCP12 1RU BLANK RACK PLATE, PACK OF 12 SW.74 $60.74 1 LUDDLE ATLANTIC RRF 1S SET OF REAR RACK MAILS. 16RU S23.61 $23.6 t I IPANASONIC PT-RZ37OU 135M ANSI LUMENS NATIVE HD LCD PROJECT -OR $3,005.56 1 S3.005.56 §20ment Total $11,762,23 installation hiatedsis . I i Labor And S tern Warranba S9,550-00 Dirda Costs $0.00 GerWel d Admiris"bve $561.94 Subtotal 22.375.2$ Tu As &&gble Tl3Y`AL .. t�.3T'S:xB This entire document and sit information enclosod Including drawings, specifications and designs to the property of AVI-SPL. Proprietary Information provided to cur client or his agonts is for the tote purpose of demonstrating AVI-SPL's capabllitias and thsil b6 hold In confidence. These materials may not be copied, distributed or disclosed In any way without the sole written ponnis,sion of an authorised representative of AVI-SPL Page 1 of 1 AVID SPL NT o U T O AVI-SPL is pleased to present you with the following audiovisual :solutions proposal for your UPGRADE OF AUDIOVISUAL SYSTEM AT This proposal document includes a description of our integration process, a summary of your organizations requirements, a description of our solutions, and a investment summary°, We would like to thank you again for considering AVI-SPL for your project ABOUT AW. At AV(-SPL, we are experts in applying the industry's most advanced audiovisual technologies. we translate this expertise into value for our clients through highly -customized systems integration solutions, equipment sales and services, we are,proud to serve as the industry's largest .global integrator, delivering comprehensive AV technology, presentation and collaboration solutions worldwide. A weft pfanrred, hrgh.fy -anticipated merger brought together tiro of rfie best A' companies ip the industry Audio isual Innovations, Inc. (AVI) and Signal- Perfection, Ltd. (SPL). Headquartered in Tampa, EL, and with offices nationwide, AV# began operations in 1979 and quickly became #1 as the largest privatelyheld, full -service audiovisual products and services provider in -the country. SPL formed in 1992 in Maryland and became the #2 :leading nationwide integrator for audio, video and collaborative communication solutions. As a unified corporation based in Tampa, AVI-SPL's expertise, global footprint, and cornprehenisive.menu of products and services make us the ideal partner for all of your audiovisual needs. With nearly 40 offices nationwide.. as well as international locations in Mexico and Dubai, AVI-SPL's Systems Integration Division is the largest and best trained in the industry, providing custom design and installation services for network operation centers, government commission chambers, boardrooms, meeting rooms, computer classrooms and distance learning facilities, we also provide incredible audiovisual enhancements to venues such as sports stadiums, casinos, theme parks.. museums and houses of worship. our portfolio also includes nnore than 40 professional sports stadiums and arena installations Our Integration Process AVI-SPL has developed a comprehensive integration: process designed to not only meet but exceed -- customer expectations. This five -step process begins with consultation and carves through to postRinstallation trainr`ng.' our goal at AVI-SPL is to work with you every step of the way to ensure that: your project is completed on schedule and within budget. Engineering and Design Once you gave accepted the proposal recommendation, AVi.-SPL will a.ssi n a Project Engineer to the project Learn. The Project Engineer will -work hand -ire -hand With your Account Manager through the entire project process and to completion. outing this phase, the information acquired during the needs analysis is developed into a technically sou d acid functional system design. The :Project Engineer, along with your AVI-SPL Account Manager, will perform a feasibility study, The report will include are examination of the desired capabilities, architectural, environmental', and technical details of your system. During the Engineering and Design process, the selection of the appropriate equipment, hardware and software is accomplished. The result of engineering & design phase is a system designed specifically to meet the requirements and environmental conditions that are unique to your application. Copyright AVI- PL. All Rights kesefved. Revised 3 g 20110 t Pre -installation Once you have contracted with AWSPL, the Pre -Installation phase begins. This .phase is critical in ensuring a seamless integration of the specified system. It is during this juncture that coordination between the Project Engineer, architects, general contractors, and other trades begins. while coordination with the ether trades is occurring., the AVI-SPL engineering team develops the required facility drawings, signal flow diagrams, equipment rack layouts and the design and programming of the custom control syst:em's graphical user interface (GUI), Although the Pre --Installation period may be one of the least visible and lengthy sups of the project process, AVI-SPL is committed to keeping you informed from the beginning to the end of your project. Initial communication will include contact information and organization of the AVI-SPL team that will be working with you. Shortly thereafter, you will begin receiving project status reports from the technical project team member responsible for routine contact throughout the entire project. During this phase, AVI-SPI`s fabrication team will assemble equipment racks and perform wiring and termination of equipment within the racks. The final stage of Pre -Installation is testing. Curing the testing process, AVI-5PI!s fabrication and engineering teams will test each piece of equipment to ensure it is working properly and is without noticeable manufacturer defect. Additional ..tests- perform include, testing . for , ro . er sr nat flow and -custom controls stems �o eration _ _ __ P g #� p g '� p On Site Installation This phase is by far the most noticeable, with the bulk of the integration being accomplished once your facility is clean and secure. To ensure your expectations are met, the field integration team responsible for your installation reports to and is directed by the Project Engineer for your system, Our professional, industry -trained -field integration team will install your system in a manner that exceeds industry standards. Our team will install all components, cables and hardware necessary to support the specified system. At the end of each day's operations, the field team will complete two additional tasks. First, the area in which AVI-SPL worked will be cleaned and left in an orderly state. Second, field tears report progress to us to ensure that we are up-to-date on every aspect of your project. If you ever have a question, you can contact the designated lead team member responsible for your project. Upon completion of the physical installation, the Project engineer, along with the field integration team, will perform functionality tests on the entire system. It is at this point that final adjustments are made to ensure optimum performance of each component and the system as a whole. Traln.ing .An integral part of the delivered system is user training. AVI-SPI is committed to providing you with clear and concise instructions on the use of each .system. Training and associated documentation will provide operational and maintenance personnel with information to support the daily use of the systenn. This training will consist of instruction and hands-on experience with each system, Documentation Final documentation will include as -built diagrams and the equipment operations. tranuals. The manuals delivered are those that are provided by the manufacturers with their products. This documentation will be assembled, bound and delivered on the day of training. Note: Audiovisual products do not ship from the manufacturers with maintenance and/or .service manuals. in most: cases, there are no user serviceable components within these products:. Maintenance and service manuals are generally restricted to authorized and trained service providers and are not available to the general public, therefore maintenance and service manuals are not a part of the standard documentation. 0 Copyright AVI-SPL All Righte Reserved. Revised 3109 3 o[ 10 INVESTMENT SUMMARY We are pleased to provide the following investment summary for the custom audiovisual solution described in the previous pages of this proposal. TOTAL EQUIPMENT COST Includes: all equipment, cable, connectors, hardware, cable support, terminal blocks, rack hardware, eta., to insure a complete and operational system. PROFESSIONAL INTEGRATION SERVICES Includes: Engineering, project management, CAD, on -site installation and wirings coordination and supervision., testing, checkout, owner training; eta. performed on the Owner's premises. Also includes all fabrication, modification, assembly, rack wiring, programming, warranties, etc., some performed at AVI-SPL 4S,452. 18 27s016.0 ... �€ _ . IRECT COST, Includes: Non equipment or labor casts such as travel expenses, per diet, lift and vehicle rentals, GENERAL & ADMIrNISTRATIVE $ 2$277.53 Includes all G & A expenses: clerical, bonds, vehicle mileage, shipping & insurance CUSTOMER SUPPORT 90 Day Full System Warranty Includes on site diagnostics and labor, bench repair labor, and all parks necessary to complete a repair. SYSTEM SUB TOTAL $ 75o185, 71 TAB As Applicable TOTAL 'I NVESTM ENT7S.1185, 71 Plus Applicable Sales Tax _ ---- ---- ---------- - AVI-ySPL Financial Solutions makes it easy for You to secure the best possible technology solutions. Our leasing options are perfect for companies that demand the best, but {don't want to consume valuable capital dollars or credit line. 50 IVlanth SHIELD lease Monthly Expense The Shield Program i a unique operating expense used for the acquisition of today's Video Teleconferencing Solutions. TheShield programincludes a "System Replacement Guarantee" SRC , that ensures that you will always have access to the best Video `teleconferencing solutions available. Client initials 0 Copyright A'VI - rL. All Rights Reserved Revised 3/09 0(10 CUSTOMER CARE .wT�R.w,4T�.. ...w�.,�....... :...«talP.w.w.:....4..........�..�..�r.....w.:.w�::.w.�wf...T�v......}+�wgr.,wwww....ww.rw�w... sw.v�.v........r..wv.l.ye4:::... At AVI-SPL, we believe that post integration Service and support is a critical element of any comprehensive audiovisual solution. As a result, we have developed the best in class Customer Care Program to provide our clients with the highest level of both emergency support and preventative maintenance. OUTSTANDING CUSTOMER SUPPORT 0 2417 Technical Help Desk - Staffed By AVI-SPL Engineers *ie Trouble ticket generation &. tracking * Dedicated tall free access number for access to the help desk '00 CISCO certified experts on staff **** Certified Videoconferencing Engineers (CVE) on staff Cisco Certified Network Associate and Professional (CCNA & CCNP) on staff ** Cisco Certified Design Associate and Professional (CCDA & CCDP) on staff .. 4* C'ertified Technology Specialist (CTS) on staff SEMI ANNUAL PREVENTATIVE MAINTENANCE **,e Inspect all surfaces, electrical and signal connections, clean as needed 4e Inspect all VCR's, DVD & CD players, Glean and lubricate as needed *,*e Inspect all displays, clean and adjust as need for optimal image quality -0 Complete system functionality test to ensure 100% functionality *** Perform walk through with client to demonstrate 100% functionality *#*q' Provide report of findings and recommendations WARRANTY :REPAIR BY CERTIFIED TECHNICIANS ❖ A l-SPA will provide all labor and parts to effectively perform repairs + Unlimited service calls with priority response *:* Overnight shipping: on replacement parts *:* Provide loaner table top projector (if applicable and necessary) FIRST YEAR CUSTOMER CARE PROGAM YES 1 would like the first year Customer Care Program NO -- t do don't want the first year Customer Care Program SECOND YEAR CUSTOMER CARE PROGAM YES : i would like the 2nd year Customer Care Program NO . t do don't want the 2nd year Customer tare Program Client Initials Client Initials Client Initials Client Initials $ 3,4S9.34 Plus Applicable Sales Tax $ 4,369.69 Plus Applicable Sales Tax » A 0 Copytight Aril- PL. All Rights Rese-ived Revised 3/09 � �� INCLUSIONS �IIAii>i►in items are MCLUDED In the ro tSCo o .iM4flf: All equipment,, wire and a essories required for a fully functional audits and video system. Non -union labor associated with turnkey engineering, installation, programming, testing and training. Documentation package including as -built system CAD diagrams andManufacture-es Operation manuals, Coordination and cooperation with the construction team in regards to installing the system. User training on system operation. Any additional trips, labor or materials due to failure of the gather work fortes to have the audiovisual systern rough -in work completed as anticipated and previously confirmed, will be added to the pcvject billing as required, Where applicable, the owner`s architect will provide AVI-Ws engineering department with all required architectural floor, reflected ceiling,, bultding elevation, and section plans in AutoCADO format at no charge to AVI-SPL. EXCLUSION The following Items are EXCLUDED from the pLojett scope of work: All conduits, high voltage wiring panels, breakers, relays, boons, receptacles, etc. Any related electrical work including; but not limited to 1.10VAC, conduit, core �ddiling, raceway and boxes. Voice/data cabling, tE analogue phone lines, lSDN tines, network ports, etc Network connectivity, routing, switching and port configuration necessary to support audiovisual equipment Concrete saw cutting and/or core drilling Fire wall, ceiling, roof and (toot penetration, patching, removal or fire stopping Necessary sheet rock replaciement, ceiling tile, Y-bat replacement and/or repair Any and all millwork (moldings, trim, etc.). All millwork or modifications to project millwork to accommodate the All equipment is to be provided by others, unless otherwise Noted in this proposal Painting'.. patching or finishing of architectural surfaces Perm. its (unless specifically provided for elsewhere in the contract) HVAC and plumbing relocation Rough -in, bracin& trawling or finish trim carpentry for installation Cutt.ing, structural weldin& or reinforcement of structural steel mere. bens required for support of assemblies, if required Owner furnished equipment or equipment by others that Is integrated into the systems (as described above) is assumed to be current, industry acceptable and in good working order. if it is determined that this equipment is faulty upon :installation, additional project charges may be incurred Additional costs for union labor are not included, unless specifically identified within this document. Client Initials- 0 Copyright AVI-S L, All Rights Reseiv►ed. of 10 2, Delivery The company will use its best efforts to deliver the Equipment, herein defined as the total deliverable as defined In the quotations, in accordance with the Buyer requested delivery date subject to receipt of all necessary information from Buyer Shipping dates are approximate only, and the Company shall not be liable for delays or for failure to manufacture due to causes beyond its reasonable control or due to compliance with any government regulatltills. Any delay shall extend delivery dates to the extent caused thereby. Buyer shall reimburse the Company its additional expenses resulting frog any Buyer -caused delay. When delivery of e Equipment is delayed at the request of the Buyer and the ,t{ipment has already been shipped to the Company, the Company will place the Equipment in storage and the Company will immediately invoice the Buyer 70% of the price, which will be promptly paid. The buyer shall have no right to cancel or rescind this agreement by reason of an excusable delay as defined herein, and shall accept such delayed performance by the company. The Buyer's receipt of the equipment shall constitute a waiver of any claims for delay. 3. Payment Terms Unless otherwise specified herein, the total contract price shall be paid as follows, 30% down payment at time of order. 40% upon delivery at Company; 30% upon completion or first beneficial use.. Unless otherwise specified, equipment is sold F.O.B. origin -Buyer to pay_ all shipping charges. If this quotation covers equipment for more than one syrstem, room, suite, or location, for purposes of payment in accordance with payment terms stated on the face hereof each room, suite, or location shall be treated as if the subject of a separate sale and payment made accordingly. Company shall not be liable for failures of or delays in manufacture, delivery or Installation resulting from any cause or causes beyond its reasonable control. 4. Buyer In Arrears Or Default In the event Buyer is in arrears with any payment whatsoever due from it to the Company at any time whatever, whether in respect of the purchase price or any other amount due from the buyer to the Company under the terms of this agreement, the amount in arrears shall bear interest at three (3) percent above the prime rate prevailing at the principal New York branch of Chase Manhattan Bank as from the date each amount falls due, pending actual payment thereof in full, without prejudice to any relief and remedy available to the Company. In the event of Buyer's default., the Company may, without notice, peaceably enter any premises in which the equipment is located and remove, hold and sell it in accordance with applicable law, to satisfy in whole or in part Buyer's obligations. TERMS CONDITIONS :n.•VI.u:.awwN�'.:mMMNwNNhYMw/.'.N-::HwM-.:v.-H.=MAw.•rlMwM.VMMMWM1eYavHl.Nw�M�M�-s.�W .'. a......... ........ _......... .................... .Y .............vn�w....•1•ha ...••..........,..V..•.••.•.MY.KSa.,.,.nawh.YaVNVv0.1VYM�. .. •a••... ••.••nYavvwN..wYwv. H_..A �M .vhv vr.:::.u•-..uuu:nKf.�tw:.WhvMM'n.. uYwn.,u.hY.•R..HKv.....: a..Y.Y••••a..n�nnw..�M+y�n.rnn:.wwAwN•••••u. Acceptance of Terms is quotation shalt not be binding upon the Company until signed ..,y the Buyer and accepted in writing by a duly authorized representative of the Company. Any modification, addition to, or waiver of any of the terns and conditions of this quotation shall not be effective unless in writing .and signed by an authorized representative of the company, and any different or conflicting terms appearing in Buyer's purchase order or other documents are expressly rejected by Company. Buyer's receipt of the Equipment shall constitute assent to all terms and conditions contained herein. No relaxation, forbearance or indulgence by the Company in enforcing any of the terms and conditions of this agreement or the granting of any time to any other party shall prejudice or restrict the rights and p*wers of the Com pang hereunder, nor shall waiver of any breach hereof operate as a 5. Title., Risk of toss waiver of any subsequent or continuing breach hereof; Title to the Equipment shall pass to Buyer upon delivery, subject to a purchase money security interest retained -by the C.o.mpany-' n tt.* Equipmment sold and the proceeds thereof until paymentofall amounts then due to the Company. The Company shall be entitled to remove the Equipment from the buyer's premises if all payments are not made when due. Buyer agrees to execute financing statements under the Uniform Commercial Code or other documents as the Company requests to protect its security interest. Risk of loss or damage to the Equipment or any part thereof shall pass to the Buyer upon delivery. b. installation & Site Preparation Installation (field assembly, interconnection, equipment calibration ,and checkout) is to be performed by the Company's trained technical employees. The Company shall be entitled to employ sub -contractors and/or agents to assist in or carry out, in whore or in part, the installation. in the event installation by Company employees is prevented by trade unions, the Buyer shall arrange with the trade unions at its awn expense to complete installation. The Company is thereafter liable only for engineering supervision of itnstallation. The Company shall coordinate and cooperate with other trades to facilitate satisfactory work progress. if the Company's work in progress is impeded by ether trades and/or contractors (excluding the Companies own subcontractors) or by scheduling delays due to the Buyer, time delays in the final 'installation as well as additional charges including labor, travel and reasonable expenses may result. The Buyer shall be responsible for preparing, at its own expense, the installation site in accordance with the company. s instructions, including the requirements specified in the quotation. in no event shall the Company be responsible for any Nigh voltage electrical work, ceiling modifications, structural modifications, or mechanical systems modifications. Unless otherwise specified, buyer shall provide the Company with source code for any non -Company programmed remote control system required to he modified under the terms of this agreement. 0 (".0pyright Ak ;-St=It, All Rich s f aserved Pevised aft}) 9 > f 10 6. Installation & Site Preparation (Continued) 9. Buyer Responsibilities The Buyer shall provide the Company with reasonable access to the Buyer or any user of the Equipment shall (1) notify the Company as soon tallation site before delivery, for purposes of determining site as any unusual operating peculiarity appears, and operate the tidiness fbr Installation, and shall designate an: individual on Equipment in a safe and competent manner in strict compliance with Buyer's staff to serve as a contact person for all site preparation established safety operating procedures and applicable laws and and installation issues. Buyer shall provide the Company wit'h free government regulations. In the event the Buyer or any user of the access to the installation site for the purpose of preparation for Equipment falls to comply with any ofthe above -stated conditions, the installation. tThe buyer shall Indemnify the Company against any Company's warranties and its obligations hereunder shall terminate loss, damage or claim arising out of the condition of the storage and without notice to Buyer.. installation premises. 1.0. Limitation Of Liability Buyer shall obtain at its expense and keep effective all permissions, The foregoing warranties are exclusive and in lieu of all other licenses, and permits whenever required in connection with the warranties, whether written or oral, 'implied or statutory. No implied installation and/or use of the Equipment and the premises Where warranty of merchantability or fitness for a particular. purpose shall the Equipment hall be situated:, apply; in no event will the company be liable for any damages.. other than the allocable charges paid by the buyer for the ,equipment, 7a. warranty arwhether direct, indirect, special, incidental or consequential.,, arising In the event the Equipment Is in any way misused or altered or I$ from any warranty claims. , ..... .. ,...... ', I re.parrd by sor:eone other than a representative of the Company .:. . .....:..:........ .....,......, ..... .... wv .1ch within the sole .judgmentofthe Company results in are 11. Taxes adverse effect, including effects upon performance or reliability of Any and all taxes levied or based on the prices in this agreement, or the the Equipment, the warranty and the Conn panV, s obligations Equipment being sold hereunder, exclusive of any taxes based on net hereunder .shall terminate without notice to Buyer. income, shall be .added to the selling prices set forth in -the quotat#on* otherwise, the Buyer shall provide theCompany with a tax exempt 7b. warranty Service. .-Chargers certificate acceptable to the taxing authorities. 'warranty service Will be provided in accordance with the Company's standard service terms. Where such terms are 12. Choice Of Law And Severability Inconsistent with the terms herein, the terms 'herein will govern. This agreement .shall be interpreted in accordance with and governed in Unless otherwise specified,. each installation/system carries a all respects by the lain of Florida. venue shall be Hillsborough County, ninety -day warranty covering defects in the installation portion of Florida. Should any provision of this agreement be found invalid or the sale. Components and materials carry the manufacturers unenforceable by a court of competent jurisdiction or by operation of warranty as described below, which may begreater than the any applicable law, it shall not affect the validity of any other provision rety-day listed above. The Company will attempt to reply to contained herein. in the event of litigation relating to the subject .1farranty service requests received from Buyer prior to 1:00 p.m. natter of .this Agreement, the non -prevailing party shall reimburse the within (br'ty-eight hours. In the event service is provided outside of prevailing party for all reasonable attorney fees and costs re,su Ling normal working hours, Buyer will be charged for any overtime therefrom. hours in accordance with the Company's then standard policy on overtime rates. formal working hours are 9 a.m. to S p.m...., Monday through Friday, excluding legal holidays. 8. Limitations Of Warranty _ Products. Of Others Unless otherwise specified, No warranty whatsoever is provided by the Company hereunder as to products manufactured by other than the Company, i.nclud ng but not limited to, cables, lamps., batteries, glassware, and evacuated devices (Including valve, cathode ray - tubes, and other special electron tubes). The Company's sole obligation with respect to any material or part identified in the quotation, literature, or specifications furnished to the Buyer as roanuNctured or supplied by others, shall be to pass on to the Buyer the applicable manufacturer's warranties, if any. 0ient Acceptance ^RRMM%MNMr O',WVNwnw:'MwW.w. Signed Dame Printed Name 13._Restocking Fees In the event Buyer wishes to returnanyEquipment based on reasons outside of the Company's control, Buyer agrees to pay any and all :restocking fees.. 14. General The quotation shall be firm for the period shown on the face hereof, subject to withdrawal or change by the Company upon notice at any- time time prior to acceptance of an order, It supersedes all prior agreements and understandings between the parties relating to the subject matter and is intended by the parties as the complete and exclusive statement of the terms of the. quotation and agreement, Any representation, affirmation of fact, course of prior dealings, promise or condition in connection shall not: bind the parties therewith or usage of the trade not incorporated herein. Company ................................... _... Date 0 Copyright AVI-SPL.. All Rights Reserved. Revised 3/09 REFERIENCES Please list government agendes and/or private firms with who you have done business during the last five years: Your Company Name Address City State Zip Phone/Fax E-mail Contact Name Agency/Firm Name. - Address city State zip Phone/Fax Contact Name Agency Firm Name. - Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name,, Address ,P City State Z"I Phone/Fax Contact Name ljaik-%'. 71, ,South Military Trail Deerfield Beach, Fl 33"2 13A AW PL Statement of Quairfroats"ons Ilet�Rference FLORIDA'S TURNPIKE ENTERPRISE Project Nar ne: Pompano Ops. Center Project Value $243,000.00 Client Contact Information: Fernando Gonzales Project Ir. .mile post 66 Pompano Beach,, EL 33069 Office: (9 4) 934-1156 mailto:ferna:ndo.-oonza:lez@dot.state.fl.us CITY OF PLANTATION Project Name: Corr mission Chamber Project Value: $331,000.00 Client Contact Information: Susan Slattery City Clerk 400 NW 73 Ave Plantation, FL 33317 Phone (94) 797-2237 POMPANO BEACH FIRE RESCUE Project Name: O Project Value $101,000. 0 Iient Contact Information: Kimberly H. Spill, C 1 O Emergency Manager 1206 NE 5th Avenue Pompano Bch., Fl. 33060 Phone (9 4) 54 -7799 Aup March 2T, 2013 AV1- SPL statement of Qualifications The Company ST. LUCIE COUNTY Shane Devitt TV Multimedia Coordinator 2300 Virginia Ave Ft. Pierce{ FL 34982 Office: (772) 462-1869 Length of Relationship: 8 years All wj�' a4 ✓3% iY''. Project Description. AVI-SPL has worked with the county to design, install and support the Douglas Anderson Emergency Operations Center. AVI-SPL met and consulted with the team to deliver a state of the art facility. AVI- SPL projects range is costs from $10,O0O.O0 to $500,o00.00. MARTIN COUNTY Randall W..,Saumier Capital Projects Adrnini.strator 24015E Monterey Road Stuart, FL 34996 Office: (772) 288­5932 Length of Relationship. 4 gears Project Description: AVI-SPL worked with the county to design, install and support the Martin County Public Safety Complex. AVI-SPL net and consulted with the team to deliver a state of the art facility. Projects range from $10.t000-00 to $50O0000.0O. LIEN I' illA ,�1�^ PROJECT NAME.PROJECT DESCRIPTION: - AD SS: T ELEPH xif ME PRIMARY OR PROJEC"T DATES, - OTAEC'T ( JEEP` CITY OF PLANTATION COMMI5510N CHAMBERS aur-ll visual technology.. Susan 551;attery, C11-fi- Clerk 954-797-.2648 Ed C rdo o PRIMARY' n. EC -Client- lli�� thee technology p rails Old btlil n � with old Inra-sI ructire required vein v.11 cif olrJ eqUirWilerit ancl cabling from conduit. ------------ PROX-1 .-'r NAME: POLICE DEPT. F O,IE'(.: DESCRIPTI IAA: fk Ll.t l-P! drpos4.r Room Iechnology in-stallation.. t~ iIJTAI...f NAMI . Sit.. ADDRESS: 4tit TELEPHONE 951-11-797-,21J7 F111M-CRY 0� St I�'.: PRIMARY O UD IE_k 'wTIV�,S A Cf Eii. \ E p ♦ vS t- The t egtl�`errir�r�� ������isi��1 I°4 ��+��i With a v�rleiy of��s � il�� c�1 1�efig es -AU010 VISCI I 1VATIQMS P'ROJECT REFERENCE SHEET PROJECT NA)VIE.- INDIAN RIVER COUNTY COMMISSION CHAMBERS PROJECT DESC IP TI iN . Provide a techonology upgrade to the 2800 sq. ft. Corrimission Chambers to include increased interaC+tion capability with . he audience. CONTACT NAME: Jerry Davis, Purchasing Manager ADDRESS.- 1840 251h Street VE110 BEACH, FL 32960 TELEPHONE 7 2-226-1418 AVI PROJECT MANAGER: ail, Lois / C. Horn PRIMARY OR SOB PRIMARY PROJECT DATE). 05/30/2006 08/31/2007 OBT i:TIVES 81 AC.H1►_ EM.EENT:S: The IRC Come—nission ch-ambers and a.t1 jacent conference roorpswe-re equipped with custom tailored, higli- i-tality technology, including 65,. LCD displays, 17" LCD monitors for the dais, a digital recording systern, and wireless microphones,. CH LLENG) ES; 'The mewly built Commission Chambers located within the two story County Commission Complex, was in need of a techr)010gy Ufl ride. Key factors with the installation of this 2800 s . ft.. facility centered on Orreasing interacictivity between the commissioners @nd the audience, providing L ea ei` broadcast and audio quality during presentations; and also enabling a beti-er level of corm*rc)l *11bi-ou,�htlixt the system. PROIECT INIAME, P 1. Sc IR � ) AE CT DIE, - f, � I PT 10 JN NAME ADDRESS: T F t Pi-10 N C- AVI Ail,",00) VIS(IIAL PIRUIECIT It NIAP'THNI COUN-Pt EINAERGOENCN OPEIRATIOP45 CENTEER tLOC) FEOC TRAHN-IING C-ENTER Ra.r.1dall sal-nnies �40,-( 'S( Monterey Rd. Stuarto FL 34996 'M-288-5412 PRIMARNN OPI SUB.- PRIMARY PROJECT DATES 05/14"007 12/15/"'007 riced En. C Trairtiriis 'n. kh:-, Area, OBJECTIN/t,'s 183 rhi", is possibly the mc-st ack".1 CHAIJ F. Ni", r-. S n t 5) Is. e to i p t: e o h p i n I I a rd A V !t; 'J M= a t i r ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Flory a .q County of On thlday the y ._ y of , 2 y� ,before me, the unders�gried Notary Pulls of the State of Florida, person lly appeared Mai f {Name(s) of individual(s) who appeared before notary) Whose name(s) is/are Subscribed to within the_inStr rnent, and be/shefthey aol�no edge that _ he/she/they executed it. WITNESS ray hand and official seal. NOTARY PUBLIC L.A.. OF OFFICE. Notgry public State of Flortda aebarah J Maseth �: r My Gommasian EE 86639�Yav� Expires €�3/1 W017 _ ..__& -- ----- --- - -- NOTARY PUBLIC, STATE OF FLORIDA DID take an oath, or L DID NOT take an oath fig! (Name of Notary Public: Pnint, Stamp, or Type as Commissioned) Iff'ter°sona lly known to me, or 0 Produced Identification: (Type of, Identification Produced) Y . i CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE PROPOSAL We (1), the undersigned, hereby agree to furnish the to (s erv1ce(s) described in the Invitation to Bid. W (1) certify that we(1) have reed the entire document, including the Scope of Fork, Additional Requirements, Supplemental Aft ch ents, Instructions Proposers, Terms and Conditions, and any addenda issued. We agree to comply vWth all of the requirements of the entire F c lutist for Proposals. indite which type of organization below INDIVIDUAL, PARTN 'f S IP 0 CORPORATION OTHER. C] 1f `Other" air: Autht `iz d Signature Company Name Qw uth Military Tratl &ftVfi%W AA Typed/Printed Name Address' .. wJcw.:. •�A�.. V.. a >:. .; F { ,., F • � �•w::' .: r Telephone City, State, ZIP •..anw.•.,w:wn.......�.........,,aww„.,,n.1„�..�w�w.ww..,...•..,..v_....__—_•.�u.....nw,.......... .. .•...2.:. :d ' •. , <} ,:nw>• Fax Federal Tax ID Number •+w.rvEvm•.vw•n } i� ,��� �� i � 3 A � t� �> lr � � x �-� � , � +f � y .f � .ww.wMw.....�......il...o.w.w...wJ�.3.......�..4w..«•w•.w•r..-n•.w.-.vJ�.+,..+.++�..�.R•��i, .... u_ .. ii address for above signor 1f; any 44 -.:I�fe� e,.i1 � de:.Jji .'�...►��% ♦� .. �.w1b«��7MJ.�rf.� r.•e �°Wf ��%.w<V'SaY ��i�DiN��~ The offeror acknowledges and understands that the information contained in response to this Qualification Statement shell be relied upon by owner in awarding the contract and such information is granted by offeror to be true. The discovery of any omission or misstatement that materially affects the offeror's qualifications to perform under the contract shall cause the owner to reject t e proposal, and if after the award, to cancel and terminate the award and/or contract. Ff �, f, a Signatur ACKNOWLEDGEMENT __ __ OFFS-Ro 's QUALIFICATION TATEt �" ........._ Mate of IFS Yf'' YA..I Counter of IIIr4�MM! ■IIMMY� � ^.'". ." •�.` � , * •♦^��ir JMIM+JMlrlll/�MPwMI�I e On this the day of 20 x before one, the undersigned rotary Public of the State of Florida, personally appeared &Z (Name(s) of individual(s) who appeared before notary) nd whose name(s) is/are Subscribed to Within the instrurnn that he/sh lthey executed it. W ry s Far is �' Deborah J Maser My Commits" EE 81*395 WITNESS my hand and official seal � �x� � ��� �,�AL 'IL NOTARY PUBLIC, STATE OF FLORID NOTARY PUBLIC SEAS. OF OFFICE: (Marne of Notary Public: Print; Stannp or Type as Ct mmilssioned) Personally known to me, or Produced identification. (Tyr)e of Identification Produced) 0 DID take an oath, or 1-1 DID NOT take an oath VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a cenitication with their bid/proposal certifying they have a drug -free workplace accordance r h Sion 287.087, Florida Statutes.. This requirement affects all public amities of the State and bees effective Anuary 1, 1991. The special condition is as follows; IDENnCAL TIE BIDS - preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a Business that certifies that it has implemented a drug -free v rkplec progra shall �v r preference in the awed process f bl`r h d roc drrrr s for ra ing tip bids will fc llOw d `if hdno c the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program} a business shall. Publish a statement notifying employees that the unlawful manufacture, :distribution, dispensing, possession, or use of a controlled substancers prohibited in the workplace and specifying the acfions that will be taken against employees for Violations of such prohibition Inform employees abode dangers of drug abuse in the workplace, the business's Policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, & employee assistance programs, and penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 1. In the statement speci ed in sdbsew.ion (4), notify the employees that, as a condition of w"ing on the commodities or contractual services that are under bid, the employee will abide by the terms of the statenjent rand will notify the employer of apy conviction of, or plea of guilty or n to contender for any violation of chapter 8.93 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days: after each conviction. Impose a Section on, or require the satisfactory partir pation in a drug abuse assistance or rehabilitation program if such is available in theemployee's communky, by arty employee who is so convicted. Make a good faith effort to continue to maintain a drugo--free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form mpli-es fully Wth the abcivo requirements. At...ithorliz()d Signa. tore �W.Wowo(+a 40Ns»C:Oa1tVwM�taP:wvk-INaNN"MP1M^MIMM(•wWM, x. LIST of SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work, under this Bid in excess of one percent of the Contractor's Total Bid Brice, and shall also list the portion of the Workthat will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words `and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non- responsive and may cause 'Its rejection. Work to Be Pe rform ed % Total Contract i y Contractor License No. if applicable S{2 46. Subcontractor Name/Address �t ... ©f Tamarac � Purcha�s � and Contracts Division ...-. CERTIFIED RESOLUTION (Marne), the dulyelected of JAPI.a AMorporate Title), a corporation organized and existing under the lags of the Mete of rL4 do hereby certify that thefbllorr,ring l esolut�ion u�as WOMMUMMMMMONJ unanimously adopted and passed by a quorum of the hoard of Directors of the said corporation at a meeting geld in accordant Wth law and the by-laws of the said corporation. "I`i" 1 HEREBY AESOLVED TH T (Name)", the 2ulr l (Tale of Officer) of Corate Title) be and is hereby authorized to execute and submft a Bid andior Bid Bon x if such bond is required, to the City of Tamarac and such other InssarYt u ents In writing ss may ba new on behalf of the said corporation; and that the Bid, Bird Bored, and other such nstrumen .S signed by him/her shall be binding pots the said corporation as its own acts and deeds. The secretory shall certify the names and signatures of thoseauthorized to act by the foregoing resolution The City of Tamarac shall be fully protected In relying upon such certification of the secretary and shall be Indemnified and saved harmless from any and all claims, demands, expenses, doss or damage ':resulting from or gaming oud of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certKy that the above resolution is in force and effect and has net been rev sedt revoked or rescinded. further certify that the following are the name* titles and otficial Signatures of those persons authorized to act by the foregoing resolution, a NAME TI`f Olga Given under rn : a i_ _ � hand � the deal of the said corporation this � r (SEAL) set i� X P"" Corporate Titre NOTE: By 20 L R The above is a suggested form of the type of Corporate Resolution desired. Such form nee not be folio ed explicitly, but the certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Sid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. 41 Av�C� SPL CUSTOMER CARE PROGRAM At AVI-SPA., we believe that post integration service and support is a critical element of any comprehensive audiovisual solution. As a result, we have developed the best in class Customer Care Program to provide our clients with the highest level of both emergency support and preventative maintenance. OUTSTANDING CUSTOMER SUPPORT 24f 7 Tethnical Help Desk - Staffed By AVI-SPC Engineers •� Trouble ticket generation & tracking «� oedic:ated toil free access nurnber for access to the help desk �.• CISCO certified experts on staff .� Certified Videoconferencing Engineers (CVE) on staff **• Cisco Certified Network Associate and Professional (CCNA & CC P) on staff •» Cisco Certified Design Associate and Professional (CODA & CCIDP) on staff Certified 'Technology Specialist (TS) on staff SEMI ANNUAL PREVENTATIVE MAINTENANCE Inspect all surfaces, electrical and signal connections, clean as needed «• Inspect all VCR's,, D D & CD players, clean and lubricate as needed *; Inspect all displays, clean and adjust as need for optimal image quality •. Complete system functionality test to ensure 100% functionality •# Perform walk through with client to demonstrate 100% functionality *:• Provide report of findings and recommendations WARRANTY REPAIR BY CERTIFIED TECHNICIANS ❖ AVI-SPL will provide all labor and parts to effectively perform repairs :• Unlimited service calls with priority response •• Overnight shipping on replacement parts ♦► Provide loader table top projector (if applicable and necessary) FIRST YEAR CUSTOMER CARE PROGAM YES . 1 would like the first year Customer Care Program No - r do don`t want the first year Customer Care Program SECOND YEAR CUSTOMER CARE. PROG►Ali YES - I would like the 2nd year Customer Care Prograrn NO - I dodon't want the 2nd year Customer Care Program Client Initials Client Initials Client initials Client Initials. 31459-34 Plus Applicable sales Tax $ 4,369.63 Pius Applicable Sales Tax c Copyngh( AVI-SPL. All R19ht- ReserveU °> Revised 3/019 7 of 1 0 <y, ay ,�r of a,R'�' ri • •IV Th.allk y-roo for using `I..SPL for your tech nology in•te ration and services needs! With the installa.tion of your new solution complete, the VI-.SP . Help Desk will now be the point of contact to assist with anY technology issues that may arise, VI-SP 's Held Desk is staffed with knowledgeable and certified personnel available to answer your questions and provide technical assistance. OOtoc:till the AVVSPt Nelp Desk The VI-SpL Help Desk can be reached either via its toll free number 1-866-S$8-6857 or by ernaili g avl$PI-SUPPort:@a:vl'spl.com. Upon -making Contact with the VI--SP ... Help Desk, yoo will be provided with a case number for tracking purposes., The Help Desk staff will work to address the problem ernotely when possible and will coordinate on:site corrective maintenance if determined necessary. In the event that the service delivery is not consistent with what has been described, the following escalation path is available: Roca Fiesta, SU erV#50r, Help Desk Services Direct: 10 -270-16 t, / Cell.- 48-63642 7 YnvMw.'..Wywpn4i{..y:•:YNMIv. w.MJw •w M'rMW.. J.::n1' .,. •.,.p;. Michael Starkey, Director, conferefice. Services & Help Desk irrect; 484-76 -:81 / Cell *484-250-3586 Phil Cai zxo,, Direttor Managed a Enterprise Services Direct: 610.-Slr3-4090 j Cell#. 484-744­4349 Contact if no response l`rorn .supervisor, Remote Ti,-'_xLhnicaI Services, Please allow 4 hours to respond to call before escalating to the Supety sorb, I'lelp Desk Services. Contact if no response from Supervisor, Help Desk Services, Please allow 4 hours to respond to call before escalating to the Director, Conference Service Help Desk, Contact if no re:sponse l`rorn Director, Conference Services Help Desk.. Vi --SPt loult s lo- i- vary 'tc; wor+ing with you to deliver a qtwlify service experience! Bank Reference: M&T Bank 1 M and T Plaza Buffalo, NY 14203 Contact: Robert Topper Email: stopper mt5.com Rhone: (860) 269-2179 * M&T client since April, 2008 0 Line of Credit: $30 0 Unused Credit Lire: $24M as of 1 /24/2012 Outstanding.- $6M as of 1 /24/2012 Expiration Date: 11 /15/2016 To request a letter of reference from M&T, :please contact Aurela Bicard a Aur ia.Bic.aw ftis Lcom Cc: ,dean Constant a Jean. onstant !yispl,com AUDIO VISUAL INNOVATIONS, INC. Federal 1 /#: 59-1958935 Payment Remittance: P.O. Box 02251 Baltimore, MD 21264 0 ACH Payment Info: Routing/TransI : 021052053 UP1C Acct : 47139741 Mira Transfer: Routing/Transit : 022000046 Acet. M 9845689810 SIGNAL PERFECTION LTD. DBA SPL INTEGRATED SOLUTIONS Payment Remittance: P.O. Box 62264 Baltimore, MD 21264 ACC# Payment into Routing/TransM.* 021052053 UP1C Acct M 41032728 Aire Transfer: Routing/TransM. 02200004 Acct, #: 9845689802 Federal IDM 52-1760942 Last updated '1/19j2012 LR) Payment methods accepted include A CH/EFT. wire transfer, credit card or check. Payments should be made according to the terms and conditions outlined 'in section 4 unless otherwise specified. dire transfers are required for International Payments. Wiring information will be provided on invoice: 0 Preferred payment method is through ACH/EFT. Electronic Payments should be semi to: Audio 'visual. Innovations, Inc, Signal Perfection, Ltd l&T Bank &T Plaza Buffalo, NY 14203 Account #: 47139741 Routing/Transit M 0210520 3 M&T Bank I l&T Plaza Buffalo, NY 14203 Account : 41032728 Routing/Transit ## 021052053 Last updated 1/19 201.2 V * lk !", v l."I I I I �d iri Vevt It, I L_ L., z!i x V* -AX RECEIPT C*AL I`- 1 L F L v SEPTEMBFiR 30. L 11) T C) S 1 201.3 Resceipt Business Type:,:i C* "V 1_, F-olp L:Xompriorl Code- Mitt'. hit WeS. YO(.)F-,,,' I -"..,,AGE 01"' fA)SM Cl., ,A) (7CINsf IIJ )(_.JSl_Y It Ito ­l (ILA m-1:1 ...... : I Lsl T No Text STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS LICENSING .BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 323 9 - 0783 SUL.LIVAN, EDWARD JOSEPH AUDIO VI S UAL ,INNO V'AT I ONS , INC. 165 CAKLEA DR. ENTERPRISE FL 32725 Congratulations! With this license you become one at the nearly one million Floridians: licensed by the Department of Business and Professional Regulation Our professionals and businesses range from architects to yacht brokers, frorn boxers to barb8gUe restaurants, and they keep Florida's economy strong. Every day a work to improve the stray we do business in order to serge you better°. For infurrnetinn about our services, please log onto w.m. "oridalicense.co"), 1*here you can find more information about our divisions and the regulations that impact you, subscribe: to department newsletters and learn more about the Department's initiatives Our mission at the Department is. License Efficiently, Regulate Fairly. We constantly strive to serve your better so that you can serve your customers. Thank you for cluing business in Florida, and co.N. retulations on your new licens. er �c;rr s�sesl a DEI-ACI-I HERE STATIC OF FLORIDA (850) 48 I -1395 STATE OF FLORIDA DEPARTMENT DP PROFESSIONAL AC 6 2 913 5 18 BUSINESS AND REGULATION ES12000862 08/14/12 128040331 CERT. SPECIALTY" ELECTRICAL CONTR SULLIVAN, EDWAR.D JOSEPH AUDIO VISUAL INNOVA:TICNS, INC CERTIFIED AS: LIMITED ENERGY SYSTEMS SPEC, IS CERTIFIED under the provisions of Cli.489 rs uptra► tooa data: AUG 31, 2014 L12081402561 DEPARTMENT DP BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS LICENSING BOARD SEO#L1208 .4a256 08114(2012 1128040331 ES1.2000862 A.dditl on�.1 Business - - ......� ...- ---- The SPECIALTY ELECTRICAL CONTRACTOR Named below IS CERTIFIED Uiider the provisions of Chapter 489 PS Expiration date: AUG 31., 2014 AS A LIMITED ENERGYSYSTEMS SPECIALIST SULLIVAN' I�'�+tARD JOSEPH AUDIO VISUAL INNOVATIONS, INC w 165 OAKLE.A DR ENTERPRISE FL 32725 RICX SCOTT KEN LAWSON GOVERNOR SECRETARY DISPLAY AS REQUIRED BY LA' . CERTIFICATEOF LIABILITY INSURANCE 121041M12 THIS CERTIFICATE IS ISSUED AS A FATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPO N 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 I SURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER., AND THE CERTIFICATE HOLDER* IMPORTANT., If the certificate holder Is an ADDITIONAL INSURED, the po icy(les) must be endorsed. It SUBROGATION 13 'ilyiAlVEQ, slahiect ct t0 the terms and conditions of the policy, ceftain policies may require an endorserrwint, A statement an this certifieste does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT A©A Risk Serrvtcts, Inc. of washingtont D.C. I OK 1120 20 h Street. :Nw tJrC. Na. ExII.(E6s) 281-71Z washiogton VC 20036 USA E-MAIL INSURED AU(Iio VISUal Innovations, inc. 6.301. Benjamin Road P.O. Box 261627 Tampa Ft 3368E usA ADDRESS: INSURER FNSUR€RB. INSURERC.- I�asl....I tr: INSURER E; INSURER F INSURER($) AfFQRMO COVERAGE The Travel ers Indemni ty Co. Hartford Dire insurance Co. Turin City Fire insurance Company NAIL # 25658 19682 29459 CQVERAC3ES CERTtI'ICA?E NUamBER r%7n ALAI" i'811 REVtSIt,�'#� Ul l"BER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE 04SURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TEAR i OR CONDITION OF ANY CONTRACT OR OWNER DOCUMENT WITH RESp.ECT 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. I mIts shown are as requested INSR LTR TYPE OF 00SURANCIE II!�SIt �MVC,L: POLICY t� UMOUR MNIt�f i 1rYYY iUMITS GEIWERAL. L AL ILffY 1.11111ZV15 EAC14 ACCUR NCE S1.000 _ 000 XA€Ir#2CIAIx GEi+RAI RIARIL.ItY , QOQ OCCUR CLAWS -MAC El MED EXP Y Dim) S10 I ow PENAL & ADV INJURY S 1, 00 , 000 CORAL A+C OMOATIr S2 , 001D , 000 rsE.k+�`I" AGGREGATEIR.IIIIII'� APPLIES PER PRODUCTS .. CC*APMP AGG w S2 , 000' 000 POLICY X PRC3- LSO to LIABILITY H -.- � XTOw 1OM8945p SINGLE LIIN1TAUTt1008iLE it $ 1 , 000 , 000 ANY AUTO X� WUILY INJURY I Pat p ca) ALL t WO SONEOULED Nl SLY IWURV (Pot .ace dooll � AUTOS TO � AUTOS r�EO PROPERTY DAMAGE AUMS par amden xS1IIiIQ CEf ON �C ''S'1oEf camp I ------------ x UMBRELLA LIAO X [?C:�u�t ---------- 4 2RHUz14B 1:1/ 17/7017 11717 201 � iYACFf OCCURREhICE $2 5 ,' OQ0.000 U excess L" CI APAS-MADE AGGREGATE S S , 00010.00 Q bETENTION C WORKERS COMPENSATION AND .1.1 17 2I 11 / 1 ,% 1: x 1WC $Y1# I:MALOYE:RV LI ILITY° Y ! IV TOY c.li�ari's A4Y PROMW.TOR f PAR TIM A J "ECUTJVr- S I EACH I ACCeI�ENT S1,000.000 cFriCOWE R EXCLLOCO? N t A Wandxtat I" N4 E L DISEASE -EA EMPLOYEE $1, 000 * 000 I!ye, desoiNN Of under DESCRIPTIONICOE� AI�ATF{?I�;� Eat* : L DISEA.SEPO ICY L101 $1, 000 , f�00 ..�... DESCRIPTION OF RATION$ t iLOCATIONS I YEMlfCLE S N,AKach ACOOID 101 Add tional Remarks Schedule, N mar* space is voqulrodR' Proof of coverage. jr CERTIFICATE HOLDER CAhiCELLA'nQN SHOULD .ANY Of THE ASOVE VeSCRISE0 POLICIES BE CANCELLED BEFORE T EXPIRATION OATS T"EREO . NOTICE WILL BE DELIVERED IN ACCOROANC£ WITH THE POLICY PROVISIOW, AUd i.0 V i SUa i Innovations, Inc. AUTMMRED REPRESIENtATIVE 6301 Benjamin (toad , ,P.0, 8ox 2.616.27'Tampa FL 33685 usA A10, lit 01588-200 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/0.6) The ACORD name and logo are registered harks of ACORD City of Tamarac Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AUDIO VISUAL INNOVATIONS, INC. THIS AGREEMENT is made and entered into thisZ day of , 2013 by and between the City of Tamarac, a municipal corporate with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Audio Visual Innovations Inc., a Florida corporation with principal offices located at 6301 Benjamin Rd., Suite 101, Tampa, FL 33634 (the "Contractor'') for the Upgrade of the Audio/Visual System at Tamarac City Hall Project. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The Contract Documents consist of this Agreement, Bid Document No. 13-07B, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between 13- 07B as issued by City, and Contractor's Proposal, 13-07B as issued by City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other Contract Document, this Agreement shall prevail. This Project consists of the upgrade of City Hall's Audio / Visual equipment, as well as all appurtenances and other incidentals as indicated by the technical specifications or as required to properly complete the project as intended. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to complete the scope of work, as outlined in the contract documents. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a I Agreement 0 S 0 City of Tamarac Purchasing and Contracts Division competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.4 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's General Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion 4.1 The work to be performed under this Agreement shall commence after City execution of this Agreement and during the timeframe of July 11 and August 9, 2013. The work shall be fully completed final during this time period, subject to any permitted extensions by City of time under the Contract Documents. For the purposes of this Agreement, completion shall mean the issuance of final payment. 4.2 During the pre -construction portion of the work hereunder, the parties agree to work diligently and in good faith in performing their obligations hereunder, so that all required permits, if applicable, for the construction 2 Agreement SS ----------------------- ------ -- 'ity of Tamorac Purchasing and Controcts Division portion of the work may be obtained by City in accordance with the Schedule included in the Contract Documents. In the event that any delays in the pre -construction or construction portion of the work occur, despite diligent efforts of the parties hereto, and such delays are the result of force majeure or are otherwise outside of the control of either party hereto, then the parties shall agree on an equitable extension of time for substantial completion hereunder and any resulting increase in general condition cost. 5) Contract Sum The Contract Sum for the above work is Seventy Nine Thousand Five Hundred and One Dollar and forty-two cents ($79,501.42). This amount includes the 2"d Year Customer Care Program commencing directly after the one (1) year warranty period of equipment, parts and labor after project completion. 6) Payments Payment will be made monthly for work that has been completed, inspected and properly invoiced. Retainage of ten percent (10%) will be deducted from monthly payments until 50% of project is complete. Retainage will be reduced to five percent (5%) thereafter. Retainage monies will be released upon satisfactory completion and final inspection of work. Invoices must bear project name, project number and bid P.O. number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. Contractor shall invoice the City and provide a written request to City to commence the one (1) year warranty period. All necessary Releases of Liens and Affidavits and approval of Final Payments shall be processed before warranty period begins. All payments shall be governed by Florida Prompt Payment Act, F.S., Part VII, Chapter 218. City desires to be able to make payments utilizing City's Visa Procurement Card as a means of expediting payments. It is highly desirable that the successful proposer have the capability to accept a Visa Procurement/Credit card as a means of payment. 7) Remedies 7.1 Damages: The City reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the City resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. 7.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, the City reserves the right to require that the Contractor correct all deficiencies in the work to bring the work into conformance without additional cost to the City, and / or replace any personnel who fail to perform in accordance with the requirements of this Agreement. The City shall be the sole judge of non-conformance and the quality of workmanship. 3 Agreement City of Tamarac Purchasing and Contracts Division 8) Change Orders 8.1 Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to a change order until the change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. All Change Orders shall include overhead and profit, not to exceed five percent (5%) and five percent (5%) respectively. 8.2 The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at Contractor's expense without change in the Contract Price or Time except as approved in writing by the City. 8.3 The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the City allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 8.4 The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 8.5 Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party no later than fifteen (15) days after the occurrence of the event giving rise to the claim. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 8.6 Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency El Agreement City of Tamarac Purchasing and Contracts Division time, at the time of delay, available to absorb specific delays and associated impacts is used. 8.7 In the event satisfactory adjustment cannot be reached by City and Contractor for any item requiring a change in the contract, and a change order has not been issued, City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a Guaranteed Maximum Price by City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the City. 9) No Damages for Delays ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY DELAYS. Contractor shall not be entitled to an increase in the construction cost or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for hindrances or delays due solely to fraud, bad faith or active interference on the part of City or its agents. In addition, if Contractor is delayed at any time in the progress of the Work by an act or neglect of the City's employees, or separate contractors employed by the City, or by changes ordered in the Work, or by delay authorized by the City pending arbitration, then the Contract Time shall be reasonably extended by Change Order, and the Guaranteed Maximum Price shall be reasonably increased by Change Order in order to equitably increase the general conditions component of the Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in the progress of the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's control, or by other causes which the City and Contractor agree may justify delay, then the Contract Time shall be reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to that extent specifically provided above. No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as 5 Agreement City of Tamarac Purchasing and Contracts Division recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather Station. 10) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release City from all claims of liability by Contractor in connection with the agreement. 11) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of final payment and as additionally provided for in the contract documents. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The warranty period does not begin until approval of final payment for the entire project. 12) Indemnification 12.1 Contractor shall indemnify and hold harmless City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though claim may be made after the termination hereof. 12.2 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 13) Non -Discrimination &Equal Opportunity Employment During performance of Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, 6 Agreement sB City of Tamorac Purchosing and Contracts Division layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 14) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 15) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 16) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 N Agreement . City of Tamarac Purchasing and Contracts Division With a copy to the City Attorney_ at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Audio Visual Innovations, Inc. 6301 Benjamin Rd. Suite 101 Tampa, FL 33634 (954) 938-9382 17) Termination 17.1 Termination for Convenience: This Agreement may be terminated by the City for .convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 17.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 18) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 19) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 20) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. City of Tamoroc Purchasing and Contracts Division 21) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 22) Uncontrollable Circumstances 22.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 22.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 23) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 24) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and 9 Agreement City of Tamarac Purchasing and Contracts Division * each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. Remainder of Page Intentionally Blank 10 Agreement 11 City of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and City Manager, and CONTRACTOR, signing by Vice President duly authorized to execute same. ATTEST: Interim City Clerk Date ATTEST: Signatufe o John Zettel CITY OFT R�- Beth Talabisco, Mayor this Agreement signing by and and through its C anager Approved as to form and legal sufficiency: (Pito Date Audio Visid`al Innovations Compa 9 orate ecretary Oign'a'ture of Vice President Type/Print Name of Corporate Secy. (CORPORATE SEAL) Steve Benjamin Type Name of Executive Vice President Date Agreement . SB Y......... __.Purct��►sirgand Contracts Division �i� t� Tr�rr�t�rac CORPORATE ACKNOWLEDGEMENT STATE OF �LoP. c, :SS COUNTY I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared, Steve Benjamin, Vice President of Audio Visual Innovations, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this. day of i *Y ETNA GRAY • • :* MY COMMISSION # EE 830987 �-�• P,a EXPIRES: August 28, 2016 Bonded Thru Notary Public Undenrirlers Print, Type c Stamp Name of Notary Public �-!r Personally known to me or El Produced Identification Type of I.D. Produced 9 DID take an oath, or F-1 DID NOT take an oath. 12 Agreement 9.