HomeMy WebLinkAbout2001-05440
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INDIAN RIVER COUNTY JAIL
DENTENTION ELECTRONICS REPLACEMENT
TABLE OFCONTENTS
AGREEMENT
SECTION A GENERAL CONDITIONS
SECTION B SPECIAL PROVISIONS
SECTION C SCOPE OF WORK
FORMS:
SWORN STATEMENT PUBLIC ENTITY CRIME
STATEMENT OF DISCLOSURE
PERFORMANCE BOND
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AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of February by and
between
Selmens Building Technologies, 2969 SW42nd Avenue, Palm City, Florida 34990
hereinafter called the CONTRACTOR and INDIAN RIVER COUNTY herein called the
OWNER.
WITNESSED: That whereas, the OWNER and the CONTRACTOR for the
consideration hereinafter named, agree as set forth below:
Article 1. SCOPE OF WORK
As outlined and described in the scope of work provided herein as Section C for the
installation of Detention Electronics at the Indian River County Jail.
CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall
furnish, for the sum amount of S 245,375.00 all of the necessary
labor, material, and equipment to perform the work described in Section C in accordance
with the Contract Documents.
Article 2. Time of Completion:
200 Days from receipt of the Notice to Proceed.
Article 3. General:
The CONTRACTOR hereby certifies that he has read every clause of the Contract
Documents and that he has made such examination of the location of the proposed work
as is necessary to understand fully the nature of the obligation herein made; and shall
complete the same the time limit specified herein in accordance with the plans and
specifications,
The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for
the work, The CONTRACTOR shall provide Performance & payment Bond for all work
in this Agreement.
All work under this Contract shall be done to the satisfaction of the OWNER, who shall
in all cases determine the amount, quality, fitness, and acceptability of the several kinds
of work and materials which are to be paid for hereunder, and shall decide all questions
which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and
his decision thereon shall be final and conclusive; and such determination and decision,
in case any question shall arise, shall be a condition precedent to the right of the
CONTRACTOR to receive any money hereunder.
Any clause or section of this contract or specification which may for any reason be
declared invalid, may be eliminated therefrom; and the intent of this contract and the
remaining portion thereof will remain in full force and effect as though such invalid
clause or section has not been incorporated therein.
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Article 4. Quantities and Prices:
The OWNER shall pay the CONTRACTOR monthly progress payments . less 14 %
retainage, for all work included and completed in accordance with this Contract. The
CONTRACTOR shall provide a description of work completed with each pay request
and may include materials stored on site but not yet installed ( itemized listing of
materials) .
Article 5. Acceptance and Final Payment:
Final payment will be equal to ten per cent (10%) of the total amount of the contract and
will be payable upon the issuance of The Certificate of Acceptance.
When the work provided for under this contract has been completed, in accordance with
the terms thereof, a final estimate showing the amount of such work shall be prepared by
the CONTRACTOR, and filed with the OWNER within fifteen days after the date of
completion,
The Certificate of Acceptance shall not be issued until completed as -built drawings of the
actual construction have been furnished to the OWNER and verified by the OWNERS
representative Mr. Lynn Williams, Superintendent of Buildings and Grounds.
All monies expended by the OWNER according to the terms of this contract and
thereunder chargeable to the CONTRACTOR, all monies payable to the OWNER as
liquidated damages, and all deductions provided by the Contract, state laws. or governing
regulations shall be retained from the final payment.
In accordance with the Florida Prompt payment Act, after receipt of the final acceptance
by the OWNER representative, the OWNER shall make payment to the CONTRACTOR
in the full amount of the FINAL PAYMENT. PAYMENT and acceptance of such
payment by the CONTRACTOR shall release the OWNER from all claims or liabilities
to the CONTRACTOR in connection with this Contract.
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Article 6. The Contract Documents:
The General Conditions, Special Conditions, Scope of Work, Bonds, together with this
Agreement, form the Contract, and are fully a part of this Contract as if included herein.
IN WITNESS WHEREOF, the parties hereto havT executed this AGREEMENT the day
and year first above written. PGE &
(CONTRACTOR)
Signed and Sealed by the
CONTRACTOR in the presence of:
R
ti4RPIfAmk FwPrPagk Attest
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Assistant Secretary i
INDIAN RIVER COUNTY
(OWNER)
By: ei � .
Caroline D. aChnn, Chairman
BCC Approved: 03-06-2001
mes E. Char(dt.er
ounty Administrator
(Seal)
Fe ton, Clerk tr it Court
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SECTION A
GENERAL CONDITIONS
l.0 RESPONSIBILITIES OF THE CONTRACTOR
1.1 Performance: The CONTRACTOR shall perform all authorized work initiated by
the OWNER promptly and diligently in a good, proper and workmanlike manner in
accordance with these Specifications. The CONTRACTOR, in doing the work, shall
have the freedom to perform the authorized work by such means and in such a manner as
he may choose within the limits of this Scope of Work. Employees of the
CONTRACTOR shall not be deemed employees of the OWNER for any purposes
whatsoever,
1.2 ALfaterials, Services and facilities: The CONTRACTOR shall provide and pay for
all labor, tools, equipment, transportation and materials and these shall be of a high
quality in every respect. The CONTRACTOR'S employees shall be as clean and in good
appearance as the job conditions permit and shall conduct themselves in an industrious
and courteous manner. Modern tools kept in good working order shall be utilized.
Adequate first aid supplies shall be provided by the CONTRACTOR and shall be
accessible to the employees.
1.3 Subcontractor The CONTRACTOR may utilize service or specialty
SUBCONTRACTORS on those parts of the work which under normal contracting
practices are performed by specialty SUBCONTRACTORS. The following provisions
shall apply:
1.3.1 The CONTRACTOR shall notify the OWNER of any subcontract that is to
be utilized and no subcontractor shall be employed without the approval of the
OWNER. Approval will be withheld unless sub -contractor has fully complied with
all the terms of Article 1.7, insurance, including coverage to the limits provided in
paragraph 1.7 and providing the owner a certificate of insurance naming the owner
as additional insured as provided in Article 1.7.4.
1.3.2 The CONTRACTOR shall be as fully responsible to the OWNER to the
extent of its negligent or wrongful acts and omissions or willful misconduct of
persons directly employed by CONTRACTOR, including its agents and sub-
contractors as CONTRACTOR is for the negligent or wrongful acts and omissions
or willful misconduct of persons strictly employed by CONTRACTOR .
1.3.3 Nothing contained in this contract shall create any kind of contractual
Relationship between the OWNER and any SUBCONTRACTOR,
1.4 Compliance with Latins and Regulations: All County, State and Federal laws,
regulations or ordinances must be strictly observed. CONTRACTORS shall be
responsible for all practical and legal notices and signals to the public while the work is
in progress and shall take precautions that may be necessary to protect life and property.
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1.5 Responsibility for Dumages: The CONTRACTOR shall indemnify and hold
harmless the OWNER from all suits, actions or claims of any character brought on
account of any injuries or damages received or sustained by any person, persons, or
property to the extent caused directly by or through the said CONTRACTOR, or by
neglect in safeguarding the work, through the use of unacceptable materials or
workmanship or by or on account of any negligent or wrongful activity or omission,
neglect or willful misconduct of tire CONTRACTOR, a SUBCONTRACTOR or by an
account of; any claim or amounts recovered from any infringement of patent, trademark
or copyright or from any claims or amounts arising or recovered under the "Workers
Compensation Law" or any other law, by-laws, ordinance, order or decree..
1.6 Enforcement or Litigation Cost: The CONTRACTOR shall pay all costs and
expenses that may be incurred by the OWNER(i) in enforcing compliance by the
CONTRACTOR with the provisions of this contract, or (ii) in defending any proceeding
or suit brought against the OWNER for violation by the CONTRACTOR, of any law or
ordinance, or (iii) in defending any action or suit for which indemnification is required
thereunder. If the OWNER shall be, or be made, a party to any litigation with respect to
any matter arising; out of, or related to, this contract as to which the CONTRACTOR is at
fault or responsible, the CONTRACTOR shall pay all judgments, decrees and costs,
including, reasonable attorney's fees, incurred by or imposed upon, the OWNER in
connection therewith but only to the extent such litigation is caused directly by the
negligent or wrongful acts or omissions or willful misconduct of the CONTRACTOR or
its Sub contractors.
I.'7 Insurance
1.7.1 OWNERS and SUBCONTRACTORS Insurance: The CONTRACTOR shall not
commence work until he has obtained all the insurance required under this section, and
until such insurance has been approved by the OWNER, nor shall the CONTRACTOR
allow any SUBCONTRACTOR to commence work until the SUBCONTRACTOR has
obtained the insurance required for a CONTRACTOR herein and such insurance has
been approved unless the SUES -CONTRACTOR'S work is covered by the protections
afforded by the CONTRACTOR'S insurance.
1.7.2 Compensation Insurance: The CONTRACTOR shall procure and maintain
worker's compensation insurance to the extent required by law for all his employees to be
engaged in work under this contract. In case any employees are to be engaged in
hazardous work under this contract and are not protected under the worker's
compensation statute, the CONTRACTOR shall provide adequate coverage for the
protection of such employees.
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1.7.3 Public Liability Insurance: The CONTRACTOR shall procure and shall maintain
broad form comprehensive general liability insurance (including contractual coverage)
and comprehensive automobile liability insurance in amounts not less than shown below.
The OWNER shall be an additional named insured on this insurance with respect to all
claims arising out of the operations or work to be performed.
Comprehensive General
$1,000,000 combined single
(Public) Liability
limit for bodily injury
(other than automobile)
property damage
A) Premises/Operations
13) Independent CONTRACTORS
C) Products/Completed Operations
I3) Personal Injury
E) Contractual Liability
F) Explosion, collapse and underground
property damage
Automobile Bodily Injury
$300,000 per individual
$500,000 aggregate
Automobile Property
$500,000 per occurrence
Damage Liability
A) Owned/Leased Automobiles
B) Non -Owned Automobiles
C) Mired Automobiles
1.7.4 Proof of Coverage of Insurance: The CONTRACTOR shall furnish the OWNER a
certificate of insurance in a form acceptable to the OWNER for the insurance required.
Such certificate or an endorsement provided by the CONTRACTOR must state that the
OWNER will be given thirty (30) days written notice prior to cancellation or reduction in
coverage below the limits set in Article 1.7. Copies of an endorsement naming OWNER
as Additional Name Insured must accompany the certificate of insurance.
1.8 Permits and Licenses: The CONTRACTOR shall procure all permits and licenses,
pay all charges and fees and give all notice necessary and incidental to the performance
of the work.
1.9 Assignment of Contract: The contract may not be assigned.
1.9.1 Fiscal Non-Funcling: In the event sufficient budgeted funds are not available for a
new fiscal period, the OWNER shall notify the vendor of such occurrence, and the
contract shall terminate on the last day of the current fiscal period without penalty or
expense to the County.
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C. A
1.10 Liens: Before the final acceptance of the work and payment by the OWNER, the
CONTRACTOR shall furnish to the OWNER proper satisfactory evidence, under oath,
that al 1 claims for labor and materials employed or used in the construction of said work
have been settled and no legal claim can be filed against the OWNER for such labor and
materials. If such evidence is not furnished to the OWNER, such amounts as may be
necessary to meet the unsatisfied claims may be retained from moneys due to the
CONTRACTOR under this contract until the liability shall be frilly discharged.
2.0 CONDUCT OF THE WORK
2.1 Al I parts and materials to be permanently installed shall be new and of the most
suitable grade for the purpose intended. Equipment shall be modern, in ,good condition,
and of adequate size and proper type to perform the duty required.
2.2 Defective Work rind Materials
2.2.1 Al I materials furnished or work dome, when not in accordance with the
intent of these 5pecitications, shall be rejected and shall be removed immediately and
replaced by suitable and satisfactory work and materials. Failure to reject any defective
work or materials will not prevent later rejection when such a defect is discovered and
shall not relieve the CONTRACTOR of his obligation to fi IMI his contract even though
such work and materials have been previously inspected by the OWNER and accepted, it
shall not obligate the OWNER to final acceptance nor shall it prevent the OWNER in any
time subsequent from recovering damages from work actually shown to be defective
within a one (1) year period after the final acceptance by the owner of CONTRACTOR'S
work. All equipment not manufactured by CONTRACTOR carries only such warranty as.
given by the manufacturer thereof and which is hereby assigned to the OWNER without
recourse to CONTRACTOR.
2.2.2 If the CONTRACTOR fails to remove any defective work or materials, the
OWNER shall have the right to stop work and remedy the cause at the
expense of the CONTRACTOR.
2.2.3 If the OWNER deems it expedient to accept minor imperfect work, the
OWNER shall have the right to retain such work and an equitable deduction shall be
made in the Contract price.
2.3 Damage to the Work. Until final acceptance of the work by the OWNER, it shall be
under the charge and care of the CONTRACTOR and he shall take every necessary
precaution against injury or damage to the work by the action of the elements, or from
any other cause whatsoever. The CONTRACTOR shall rebuild, repair, restore and make
good, at his own expense, damages to any portion of the work before its completion and
acceptance but only to the extent such damages are caused directly by CONTRACTOR,
its employees, agents or sub -contractors.
2.4 Final Cleanup. Before the work is considered complete, al l rubbish and unused
material due to, or connected with, the work must be removed and the premises left in a
condition satisfactory to the OWNER. All property, public or private, disturbed or
damaged, during the execution of the work shall be restored to its former condition.
Final payment will be withheld until such work is accomplished.
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3d0 SAFETY AND PROTECTION
3.1 Safety. The CONTRACTOR shall furnish and install a I I necessary equipment and
facilities for the protection of the workers and the safety of the public and shall carry on
this work in a planner best calculated to avoid injury to the public or to the workers.
3.2 Protection of Adjacent Property and Utilities. The CONTRACTOR shall conduct
his work in such a manner as to avoid damage to adjacent private or public property and
shall immediately repair or pay far any damage incurred through his operations. The
CONTRACTOR shall take cognizance of al 1 existing utilities and he shall operate with
due care in the vicinity of such utilities and shall immediately repair or have repaired at
no additional costs to the OWNER any breakage or damage caused by his operation.
Should the OWNER be required to make such repairs, the cost of such repairs shall be
deducted from the contract price.
4.0 TERIVIINATIONIDEFAULT
4.1 If the CONTRACTOR shall be adjudged as bankrupt, or if he should make a
general assignment for the benefit of his creditor(s), or if a receiver shall be appointed for
the CONTRACTOR, or if he should persistently or repeatedly refuses or tails to supply
enough properly skilled workmen or proper materials, or if lie should refuse or Fail to
make payment to persons supplying labor or materials for the work under the contract, or
persistently disregards instructions of the OWNER, or fails to observe or perform, or be
guilty of a substantial violation of any provision of the contract documents, then the
OWNER, after serving at least ten (10) days prior written notice to the CONTRACTOR
of default and of its intent to terminate.( and such default shall continue not remedied for
a period of ten (10) days), may terminate the contract without prejudice to any other rights
or remedies and take possession of the work, and the OWNER may take possession of,
and utilize in completing the work, such materials, appliances and equipment as may be
on the site of the work and necessary therefore. 'I he CONTRACTOR shall be liable to
the OWNER for any damages resulting from such deflult.
5.4 DELAY
5.1 Notwithstanding the contract schedule, the OWNER shall have the right to delay
performance for ftp to three (3) months as necessary or desirable, and such delay shall not
be deemed a breach of contract, but the contract schedule shall be extended for a period
equivalent to the time lost by reason of the OWNERS delay. In the event of such delay ,
OWNER shall be liable for any and all costs and expenses for labor, overhead and
equipment incurred by Contractor up to the date of delay.
5.2 If the work is stopped or delayed for more than three (3) months, either in whole or
in substantial part, either the OWNER or CONTRACTOR may elect to terminate the
contract because of such delay. If such stoppage or delay is due to actions taken by the
OWNER within its control, CONTRACTOR'S sole remedy under the contract shall be
reimbursement for costs reasonably expended iit preparation for or in performance of the
contract plus CONTRACTOR'S lost profit for the period of CON'TRACTOR'S
performance on the Job site.
5.3 If the performance of the contrAct is delayed by fire, lightning, earthquuke. cyclone
or other such cause completely beyond the control of either the OWNER or
CONTRACTOR, then the time for completion of the contract shall be extended for a
period equivalent to the: time lost by reason of any of the aforesaid cause,.
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6.4 WARRANTY/GUARANTEE
6.1 CONTRACTOR warrants and guarantees to OWNER that all materials will be new
unless otherwise specified and that all work will be of good quality and free from defects
and in accordance with the Specifications.
6.2 CONTRACTOR agrees to remedy promptly and without cost to OWNER, any
defective materials or workmanship which appear within a one (1) year period after the
date of final acceptance by the OWNER of the CONTRACTOR'S work. All equipment
not manufactured by CONTRACTOR carries only such warranty as given by the
manufacturer thereof and which is hereby assigned to the OWNER without recourse to
CONTRACTOR.
6.3 No provision contained in these Specifications shall be held to limit
CONTRACTOR'S liability for defects to less than the legal limit of liability in
accordance with law.
6.4 No provision contained in these Specifications shall be held to limit the terms and
conditions of the Manufacturer's Warranty and CONTRACTOR shall secure parts,
materials and equipment to be installed with Manufacturer's full warranty as to parts and
service for one (1) year wherever possible.
6.5 As- Built Drawing Requirements:
Prior to final acceptance, the CONTRACTOR shall submit to the OWNER three
(3) sets of As Built Plans and technical submittals for each major
component/equipment installed. 'phis plan set shall show the exact way in which
the instailation was constructed, including all changes during the course of the
project.
6.5.3 The CONTRACTOR shall correct any errors to the As -Built plans upon review by
the OWNER before Final Acceptance is complete.
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8.0 NOTICES
8.1 Notices to the CONTRACTOR pursuant to these Specifications shall be deemed to
have been properly sent when mailed to the CONTRACTOR at the address provided on
the bid form,
8.2 Notices to the OWNER shall be deemed to have been properly sent when mailed to
the Purchasing Director of the OWNER at the address stated for the mailing; of bids on
(lie Invitation to Sid.
9.0 DISPUTE
9.1 Except as otherwise provided in this contract. any dispute concerning a question of
fact or of interpretation of a requirement of the contract which is not disposed of by
mutual consent between the parties shall be decided by the County Administrator who
shall reduce the decision to writing and furnish a copy thereof to the parties. In
connection with any dispute proceeding under this clause, the party shall be afforded an
opportunity to be heard and to offer evidence in support of its version of the facts and
interpretation of the contract.
9.1.2 The County Administrator shall make such explanation as may be necessary
to complete, explain or make definite the provisions of this contract and the
findings, and conclusions shall not be final and binding on both parties. Either party
may reject the County Administrator's decision within thirty (30) days of its
issuance and request a binding; Arbitration hearing; as agreed to by the parties.
Pending the Final decision of a dispute thereunder, CONTRACTOR shall proceed
diligently with its performance of the contract in accordance with the preliminary
directions of time County Administrator.
WO TERMINATION BY THE COUNTY
10.1 The OWNER reserves time right to terminate a contract by giving thirty (30) days
notice in writing, of the intention to terminate, for the convenience of time County, without
cause.
10.2 Fiscal Non -Funding: In the event sufficient budgeted funds are not available for a
new fiscal period, the OWNER shall notify the vendor of such occurrence and the
contract shall terminate on the last day of the current fiscal period without penalty or
expense to the County.
11.0 PUBLIC ENTITY CRIMES
11.1 Public Entity Crimes - Section 287.133 of the Florida State Statutes requires that a
CONTRACTOR submit a sworn statement coneerming Public Entity e:rimcs before a
purchase of $10,000.00 or more can be made by a Government Entity, Bidders are
required to submit (lie enclosed form ( Refer to Forms Section of Sid DoCtinicnl) wvith
their bid, as failure to do so may be reason for rejection of bid.
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18.0 PUBLIC DISCLOSURE STATEMENT
12.3 Conflict of Interest: Any entity submitting a bid or entering into a contract with
the OWNER shall disclose any relationship that may exist between the contracting entity
and a County Commissioner or County employee. The relationship with either must be
disclosed as follows:
12.1.1 Father, mother, son daughter, brother, sister, uncle, aunt, first cousin,
nepheav, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law,
son -in -lax, brother- in-laav, sister-in-law; stepfather, stepmother, stepson, stepdaughter,
stepbrother, half brother, half sister, grandparent, or grandchild
12.2 The term "affiliate" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the management of the
entity. T he disclosure of relationships shall be a sworn statement made on a County
approved form. (Form provided in the Forms Section of this Bid). Failure to submit
form may be cause for rejection of bid.
13.0 Anything in the contract documents notwithstanding, in no event shall the
OWNER or CONTRACTOR be liable for special, indirect, incidental or consequential
damages, including commercial loss or lost profits, even if either party has been advised
of the possibility of such damages.
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SECTION B
SPECIAL CONDITIONS
1.1 These Special Provisions shall supplement the General Conditions and shall
govern purchases by the County of Indian River.
2.0 DESCRIPTION OF THE WORK/ALTERATIONS
2.1 The work for this project shall consist of furnishing and installing all the necessary
equipment, materials and labor for the installation as described in the Scope of Work
2.2 Extra work: Without invalidating the contract, the OWNER may at any time, by
written change order and without preliminary notice to the surety, order extra work
within the general scope or alter the work by addition or reduction, and the contract price
will be adjusted accordingly.
2.3 Changes in work: The OWNER shall have the right to suspend work wholly or in
part for such period or periods as may be deemed necessary due to unsuitable weather or
other conditions which the OWNER considers unfavorable for tite work to proceed. No
allowance of any kind will be made for such suspension of work except an equivalent
time for completion of the contract.
2.4 Changed conditions: If during the progress of work, field conditions are found to
differ materially from those covered by the Scope of Work or from those which could
reasonably have been foreseen by the CONTRACTOR after examination of the site, the
CONTRACTOR shall call such conditions to the attention of the OWNER .and necessary
changes will be made to the Specifications. If these changes entail extra work or
materials the value of such work shall be determined by unit price set out in the contract,
or if not set out, the values of such work or change shall be determined by negotiation.
The OWNER and CONTRACTOR shall execute a change order to the contract at
mutually satisfactory unit prices or Bump sums for any extra work, addition or deletion
made necessary by such changed conditions and requested by the County.
3.0 COMMENCEMENT OF WORK
3.1 The work shall commence immediately upon receipt of a Notice to Proceed,
4.0 TIME OF COMPLETION
41 The work shall be completed within the time stated in the agreement as time
required to complete all work.
5.0 CONTRACT PRICE
5.1 The OWNER shall pay the CONTRACTOR for the work at the price(s) stated in
the agreement. No additional payment shall be made to the CONTRACTOR except for
additional work or materials as stated on a valid change order issued by the OWNER
prior to the performance of the work or delivery of materials.
5.7 Final Payment AccePrance: The acceptance by the CONTRACTOR of final
payment due on termination of this contract shall constitute a full and complete release of
the OWNER from any and all claims, demands and causes of action whatsoever which
the CONTRACTOR, its successors or assigns have or may have against the OWNER
under the provisions of this contract.
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6.4 EXAMINATION OF THE SITE
6.1 Before execution of the agreement, the contractor shall visit the job site in order to
ascertain the prevailing local conditions which may affect the work to be done.
6.2 Arrangements to visit the work site may be made by contacting Lynn Williams,
Building & Grounds Superintendent at (561) 567-8000 extension 1419 .
6.3 No payment for additional work or materials shall be trade upon any claim of
changed conditions(s) if such condition(s) could have been reasonably foreseen upon
diligent examination of the site prior to submission of the bid.
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7.1 The OWNER and its authorized representatives shall be permitted free access and
every reasonable facility for the inspection of all work and materials.
7.2 Work by OWNER: The OWNER hereby reserves the right to perform activities
not covered in this contract in the area where work is being done under this contract with
its own forces.
7.3 Work by Other CONTRACTORS: The OWNER hereby reserves the right to
permit other CONTRACTORS to work within the area which is the site of the work
under the contract.
7.4 Coordination: CONTRACTOR shall afford OWNER and other CONTRACTORS
reasonable opportunity for the introduction and storage of their equipment, materials and
the execution of their work concurrently, and shall properly coordinate its work with
theirs in the best interest of the County.
&0 FONDS
8.1 BidSecurfty: Not Required for the project.
8.2 Performance Bond: The CONTRACTOR shall furnish a Performance & Payment
Bond in the form attached to these specifications in an amount of 125% of the lump sum
amount 'bid as security for the full and complete performance of the contract and for the
payment of all persons performing labor, furnishing materials or furnishing equipment in.
connection with the contract.
8.3 Requirements as to .Surety: The surety or Sureties shall be a company or
companies satisfactory to the County. Any surety shall be required to have a resident
agent in the State of Florida and shall be duly licensed to conduct business therein. The
requirement of Florida resident agent may be waived by the OWNER if evidence
satisfactory to the OWNER is provided that applicable requirements have been met to
permit service of process on a State official under State law.
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SIEMENS
Indian River County ]ail
Retrofit Phase f
Siemens Building Technologies, Inc.
Landis Division
2969 S.W. 42" d Avenue
Palm City, FL
561-223-8222
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Scope of 'Doric
Access and Lighting Control System Retrofit
1) Siemens Building Technologies, Inc., Landis Division shalt furnish, install and fully
commission the detention electronic locking, lighting, and intercom control systems
for the existing control rooms A & B.
2) The old existing control consoles and relays in control rooms A & B will be
removed and replaced with new graphic control panels and switching relays
manufactured by Montgomery Technology Inc. Siemens Building Technologies will
install the new MTl control panel displays and consoles utilizing the existing
conduit, control wiring, and existing control cabinets. The installation of the control
system will be performed under the direct supervision of the manufacture with shop
drawings, flow diagrams, bill of materials, component designation and sequence of
operation all bearing the name of the manufacture. All materials and equipment
used will be standard components, regularly manufactured for this and other
systems and not custom designed specifically for this project. All systems and
components will be thoroughly tested and proven before turned over to the county
staff.
3) Control Room A:
a) Control room A will have a single new control console installed that will
consolidate the three existing control panels into one. The new control console
will control the existing locking, lighting and intercom control devices. The
existing counter and turret will be replaced with the MTI graphic control
displays. The new turret will include the new graphic control displays, the new
quad color monitor, and the existing intercom system. The existing control
cabinets with the switching relays will be reused and the new switching relays
and electronics will be mounted in them. The new counter and turret will be
installed as close as possible to the wall to enable the staff to view the hallway
to the right of the counsel. All existing wiring and cabling will be unutilized. The
existing four doors on the second floor and the two doors in the kitchen will be
reconnected to the new graphic control system.
b) All the existing black and white monitors in control room A will be replaced with
a new multiplex 20" color monitor installed in the new control console. The
cameras will be viewed from this single monitor on rotational bases. When a
door button is pushed, its camera will be fully displayed on the monitor.
c) The eight black and white cameras serving control room A will be replaced with
color cameras. The seven existing camera housings and cabling will be
reused. The outdoor pan and tilt camera housing and pole will be replaced and
the existing cabling wilt be reused.
d) The security surveillance cameras and control system will be manufactured by
Philips Communication and Security Systems. The system will include color
cameras, a 16 -channel color switcher and controller, and a keyboard with
joystick for the pan and tilt camera.
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4) Control Room B:
a) Control room B will have the four existing control graphic display panels replaced
with new MTt control graphic display consoles. The new consoles will control the
existing locking, lighting, and intercom control devices. The existing control
cabinets with the switching relays will be reused and the new switching relays
and electronics will be mounted in them. All the existing turrets and control
panels will be reused and refitted with new MTI control devices. All existing
wiring and cabling will be reused. The FEAR system will be reworked into the
new control consoles.
b) The four existing black and white cameras and monitors will be replaced with
new color fixed cameras and 9" color monitors. The existing camera housings
and cabling will be reused.
c) The fire alarm FEAR system not being used will be removed.
5) Execution of work:
a) Control Room A: The work will begin with the electrical contractor moving each
wire in the existing control panels and control cabinets to terminal strips mounted
on the side of the cabinets. All wiring and terminal blocks will be labeled to
correspond to the existing controlled device. The intent of moving the wiring to
terminal strips on the side of the panels and cabinets is to have less downtime
during the system changeover process. All work during changeover will be done
after hours. During the changeover to the new system, the inmates will be
required to be moved to different areas of the cellblock. If any downtime of the
control panels occurs during operating hours, the doors will have to be locked
and unlocked with the existing access key locks. Siemens will provide a
complete set of as built drawings after the work is completed.
b) Control Room B: The work in control room B will be accomplished using the
same method as 6n control room A. Each control wire will be moved to the sides
of the cabinets and terminated to terminal strips. Each wire will be identified and
numbered.
5) A standard one-year warranty on materials installed by Siemens Building
Technologies will be provided after the date of substantial completion.
7) Siemens Building Technologies will provide a project manager who will be
responsible for all coordination of the retrofit of the equipment and wiring. A
complete set of reference manuals and documentation on the installation and the
MTI system will be provided at the end of the project.
8) Siemens Building Technologies will provide 20 hours of staff training.
9) Repair of any door locks, lighting controls, or intercom equipment determined to be
not part of this scope will not be replaced or repaired by Siemens Building
Technologies,
90) Performance Bond included.
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Access and Lighting Control System Retrofit
System Retrofit for:
• Control Room A: Single door locking, lighting, and intercom control
console.
• Control Room A: Camera system with multiplex monitor control.
• Control Room B: Four door lacking, lighting, and intercom control
consoles.
• Control Room B: Four cameras and monitors.
Labor & Documentation:
• As built drawings
• Complete set of reference manuals and documentation for MTI system
• Wiring termination & check out
• Device to device check out
• Engineering j Installation
• Programming / Start Up
• One Year Warranty
• Owner Training
NOT ZNCLUDED:
• Repair of any door locks, lighting, and intercom equipment that is
determined to be non-functional at the time of installation of new
control consoles.
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References:
Monroe Detention Center
Ron Forman 305-292-4641
St. John's Correction Facility
Charles Boles (904) 829-6496
Polk Correction Institute
Robert Nichols (813)
984-2273
Hillsborough Co. Juvenile Assessment Center
Jerry Converse (813) 975-5692
r"eci' Manager:
Project Manager for Siemens Building Technologies: Bill Dykeman
ftguiar Time Hourly Rates:
Mechanics - $66.00
E=lectricians - $56.00
Specialist, E=ngineer - $80.00
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Siemens Building Technologies, Inc.
Landis Division
Access and Lighting Control System Retrofit
By and Between:
Siemens Building Technologies Indian River County Jail
Landis Division
2969 SW 42"d AVE
Palm City, FL 34990
All aforementioned work small be provided at
Indian River County Jail
4055 41't ave
Vero Beach, Florida.
Siemens, Inc. shall complete the scope of work as outlined in the
attached proposal dated October 1, 2000 and the attached terms
and conditions dated January 1999,
TOTAL. NET CHARGES: $ 245,375.00
Prices quoted in this proposal are firm for 90 days.
Proposal accepted by: Proposal submitted by:
Print Name:
Title:
Dan Lague
Siemens, Inc. Representative
Signature Date Signature - Date
F--]
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SWORN STATEMENT UNDER SECTION
287,133(3), ILORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted for installation of Detention Electronics at the
Indian River County Jail.
2. This sworn statement is submitted
by 51EF1r118RStMLt NGiFCItt10LOGiES,BIC. �1Ef�IkitfLOGdES,�NC
whose business address 1000DonrLDPA mAY
is BUFFXOVWt IL 600894519
and (if applicable) its Federal Identification No.(FEIN)
is J - 76 4 B 8 , If entity has no FEIN ,include the Social Security Number of the
in widual signing this sworn statement:
Hoe G, Bermudez and m relationship to the entity
3. My name is Assistant era �WY Y i? y
named above is
4. 1 understand that a "public entity crime" as defined in
Paragraph 2.87.133 (1)(g), Florida Statutes, means a violation of any state or federal law by
a person with respect to, and directly related to, the transaction of business with any
public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any bid or contract for goods or services to be
provided to any public entity
or an agency or political subdivision of any other state or of the United States and
involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material
misrepresentations.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, non -jury trial, or entry of a plea of guilty or nolo contendere.
b. 1 understand that an "affiliate" as defined in Paragraph
287.133(l)(a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control of any natural person who is active in the management
of the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners, shareholders,
Employees, members and agents who are active in the management of an affiliate,
the OWNERSHIP by one person of shares constituting a controlling interest in another
Person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one
person controls another person. A person who knowingly enters into a joint venture
with a person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
a
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7. I understand that a "Person" as defined in Paragraph 287.133(1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state of the United
States with the legal power to enter into a binding contract and which bids or applies to
bid on contracts for the provision of goods or services let by a public entity, or which
otherwise transacts or applies to transact business with a public entity. The term "person"
includes those officers, directors, executives, partners, shareholders, employees, members
and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement. (Please indicate which statement
applies)
/ Neither the entity submitting this sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
management of the entity, nor any affiliate of the entity have been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers,
directors, executives, partners, shareholders, employees, members or agents who are
active in management of the entity, or an affiliate of the entity has been charged with, and
convicted of, a public entity crime subsequent to July 1, 1989, and (Please indicate which
additional statement applies)
There has been a proceeding concerning the conviction before a hearing officer of
the State of Florida, Division of Administrative Hearings. The final order entered by the
hearing officer did not place the person or affiliate on the convicted vendor list.(Please
attach a copy of the final order)
The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the convicted vendor list.
(Please attach a copy of the final order)
The person or affiliate has not been placed on the convicted vendor list. (Please
describe any action taken by, or pending with, the Department of General Services)
Signature:
14&
Date / -2//01)
STATE OF
O WNEROF
Personally appeared before me, the undersigned
authority,_ 0 oc Nrrnjcu-z-- who after first being sworn by me, affixed z000
his/her signature in the spacc provided above on this d ! —day of _) 7eu "-e,f ,19
Notary Public, State at large / t—
My Commission Expires.. i og
OFFICIAL SEAL
PAULINE A CIOTOLA
NOTAFIV PUBLIC, STATE OF ILLINOIS
MY co MMlss!(1r�1 EX�'IILE8:03721AIA
^1 � a
•
F-1
•
SWORN STATEMENT UNDER SECTION 105.08,
INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Bid
or Contract No. for
2. This sworn statement is submitted by:
SVDM WLa#t0 =piOtAW% W -
(name of entity submittingst�c} statement
SI R BUIDINGTECHN i.OGIES,ft
1000 OEERFIELO PAl KWAY
whose business address is:_ BUFF L01IR n 600&9AW
and (if applicable) its Federal Employer Identification Number
(FEIN) IS:_I -3 _�_a-76Z4f e8 (If the entity has no FEIN, include the Social
Security Number of the individual signing this sworn
statement. j
Noe G. Bermudez
1 My name is ACRIAtAnt
[please pfirif name a m t al signing]
and my relationship to the entity named above is
4. I understand that an "affiliate" as defined in Section 105.08, INDIAN RIVER County
Code, means:
The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members,
and agents who are active in the management of the entity.
5. I understand that the relationship with a County Commissioner or County employee
that must be disclosed is as follows:
Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece,
husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law,
sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half
brother, half sister, grandparent or grandchild.
40
r
4W
fi. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement. [please indicate which statement
applies.]
V/ Neither the entity submitting this sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
management of the entity, have any relationships as defined in Section 105.08, Indian
River County Code, with any County Commissioner or County employee.
— The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active
in management of the entity have the following relationships with a County
Commissioner or County employee:
Name of Affiliate Name of County Commissioner Relationship
or Entity or employee
[signature]
/,4b-
1/00
[date]
STATE OF +`
COUNTY OF �L
The foregoing instrument was acknowledged before me this,2/1� day of bedzA%,6er
2000'by lJd,C eetmod-e2 ,
of 51 emeA.5 {;1d moo.a De(pie- corporation, on
behalf of the corporation. He/Sher is personally known to me or who has produced
l7 tu,prs Uc A4-1, as identification.
NOTA)LY,PUBLIC
�
sign.
print: e-rN0 N. EroiOt.A
State of ire 4a at large f0V
My Commission Expires:
0 ASEAL
PALfLl A C10TOt_A,
No Hy PUBLlC, SrArp
MY 0
OF PLElRIOH!
4"MMISSIOM EXF4REti;03f21e01
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PERFORMANCE BOND
KNOW All MEN BY THESE PRESENTS that as Principal,
hereinafter called CONTRACTOR, and , as surety,
hereinafter called Surety, are held and firmly bound unto INDIAN RIVER COUNTY,
Florida, as Obligee, herein ager called OWNER, in the amount
of Dollars ($ ), for the payment whereof
CONTRACTOR and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, j ointly and severally, firmly by these presents.
WHEREAS, the CONTRACTOR has by written agreement, date , 19
entered into a contract with OWNER for in accordance with
the specifications prepared by the OWNER, hereinafter called the Contract.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the
principal,.
1. Faithfully performs the contract at the times and in the manner prescribed in the
Contract; and
2. Promptly makes payments to all persons, including claimants as defined in Section
255.05(1), Florida Statutes, supplying labor, materials and equipment used directly or
indirectly by the said CONTRACTOR, CONTRACTORS, SUBCONTRACTOR or
SUBCONTRACTORS in the prosecution of the work provided for in the contract; and
3. Satisfies all claims and demands incurred for the same and fully indemnifies and
saves harmless the OWNER from all losses, damages, expenses, costs and attorney's
fees, including appellate proceedings, which the OWNER suffers by reason of failure to
do so and fully reimburses and repays the OWNFIR all outlay and expense which the
OWNER may incur in making good any such defect; and
4. Performs the guarantee of all work and materials furnished under the contract for
the time specified in the Contract, then this obligations shall be null and void; otherwise it
shall remain in full force and effect.
And provided that any alterations which may be made in the terms of the Contract or
in the work to be done under it, or the giving by the OWNER of any extension of time for
the performance of the Contract, or any other forbearance on
the part of either the OWNER or Principal to the other shall not in any way release the
Principal and Surety or Sureties, or either or any of them, their heirs, executors,
administrators, successors or assigns for their liability thereunder, notice to the Surety or
Sureties, of any such alteration, execution or forbearance being hereby waived.
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SIGNED AND SEALED this day of ,19 , in the presence of:
ATTEST: AS TO PRINCIPAL:
TITLE
ATTEST.
TITLE BY:
TITLE:
COUNTERSIGNED BY:
NAME:
TITLE:
STREET ADDRESS:
*Note: Post Office address of resident agent is not acceptable.
CA
A5 TO SURETY:
Resident Agent
This Bond shall be accompanied with Attorney -in -Fact's and Agent's authority from
Surety