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HomeMy WebLinkAbout2003-175 7 29 INDIAN RIVER COUNTY COURTHOUSE Expansion to the CCTV monitoring system TABLE OF CONTENTS 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 Y l AGREEMENT THIS AGREEMENT, made and entered into this 1 st day of July 2003 , by and between Seimens 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 Cameras, monitors and CCTV accessories at the Indian River County Courthouse . CONTRACTOR, as an independent CONTRACTOR and not as an employee , shall furnish, for the sum amount of $ 40,633 . 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 : 120 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 . Article 4 . Quantities and Prices : The OWNER shall pay the CONTRACTOR monthly progress payments , less 10 % 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 . T 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 have executed this GREEMENT the day and year first above written. V(CONTRACTOR) Signed and Sealed by the CONTRACTOR in the presence of. a� NZPzz Attest MMA SeeYene Aip� DD752605 INDIAN RIVER COUNTY i e e tember 23, 2006 (OWN ) ---� By Attest _ K th R . Mac t Chairman Fok, Jeffrey K Barton, Clerko of Circu' Court Approved by BCC : July 22 , 2003 CountyAttomey Approved as to Form and Legal Sufficiency tnhn Rivv Ca Approved ate Admirt, Legal 67 — Budgel Dept. — 7 Risk Mgr. SECTION A GENERAL CONDITIONS 1 . 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 Materials, 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 pf the , OWNER. Approval will be v�ithheld unless sub-contractor has fully complied4ith all the, teims of Artid'e _13 insurance, �ncluding coverage to the , limits proided in paragraph 1 . and providing the owner a certificate of insurance naming theoe wner Ile as additional ins, tl as provided me Article 1 . 7.4 . 1 . 3 .2 The CONTRAC'T`OR ;shall be as fully responsible to the OWNER .to `the extent of its neglignf9If ongul acts and omissions or willful msc©nduot of persons directly emplayei byIle C , NTRACTOR, including its agents and; sub contractors as CONTRACTORis for the negligent or wrongful acts and omissions ' or willful misconduct of persons strictly; 6mployed 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 Laws 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. 1 . 5 Responsibility for Damages : 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 the 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 Ltt g�x i`on Cost;; 'The CONTRACTOR shall pay all costs and. expenses that may be incurred by the O:WR(i) in enforcing compliance .uy the: CONTRACTOR with the provisions= of.this contract, or (ii) in defending any proceeding or suit brought against e t�WNER for tolatiori by the .CONTRACTOR, of any lam{ €or or."dinanee, or (iii) iii defe d tg any action or ,:suit for which indemnification is recluared thereunder. 'If the OWNS hall . be or be made, a party to any litigation with respect tt%. any 'matter arising out of, or related to, .this contract as to hic6'h the C (JNTRACTOR. is at fault or responsible; the CONTRACTOR% % shall pay all judgments, decrees anti .costs, including reasonable attorney's .fees, incurred by or imposed upon, the (OWNER : in connection therewith. but 'Only to the stent such litigation is > caused directly by the ': negligent or wrongful actk6k. omissions or willful misconduct of the CONTRACTOR or its Sub contractors. 1 . 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 SUB - 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 . 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 B) Independent CONTRACTORS C ) Products/Completed Operations D) Personal Injury E) Contractual Liability F) Explosion, collapse and underground property damage Automobile Bodily Injury $ 1 , 000 , 000 combined single Limit for bodily injury and And property damage Automobile Property $ 1 , 000 , 000 per occurrence Damage Liability A) Owned/Leased Automobiles B ) Non-Owned Automobiles C) Hired Automobiles 1 .7 .4 Proof of Coverage oflnsurance : The CONTRACTOR shall furnish the , OWNER' a. certificate of insurance in a fo m 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 ( ) daysritten notice prior. , to cancellation or reduction in . coverage below the limits .yet tncle 1 ;7. Copies .of an endorsement naming OWNER'' as Additional Name Insure mitcconipany 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 . 19 Assignment of Contract . The contract may not be assigned. ""ll 1 . 9 . 1 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 . 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 fully 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 And Materials. 2 .2 . 1, All materials furriislied or work done, when not in accordance with the intent of these Specifications, shad be rejected end shall be. removed immediately and replaced by -suitable and satisfactory work and ixiaterials: Failure ;to reject any, defective work or: materials will not prevent tater rejection.When such a defect is disceaered and shall not relieve the , CONTRACTOR ; of his obligaticin to fulfill, his , contract even though such _work: and materials have; been pr iously inspected by the. OWNER and accepted, it shall not obligate the OWNER to final ccepta - nor shad it'preverit the ' OWNER in any; tune subsequent from recovering ; damages 50,om work actually shown to be defective . withiri a cine ( l ) year period aft ithe ;final acceptance b the owner of CONTRACTOWS work. All equipment not manufadtured:by CONTRACTOR carries only such, warranty as given by the manufacturer ; there6 arid ,which ;is hereby issignecl- :to the: OWNER without recourse to CONTRACTOR. f 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 CON "RAC 'O and < he : shall talo every necessary; precaution against injury or damage to the�ywork by the action of the elements, or from. any ether cause whatsoever. The CONTRACTOR shall rebuild, repair, restore and make' good, at his own expense, damages to 3' pbrtz' of the work before its completion and acceptance but only to the extent suehdamages arocatiaed directly by CONTRACTOR, its employees, ' agents or subcontractors. 2 .4 Final Cleanup . Before the work is considered complete, all 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. Al 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 . 3 . 0 SAFETY AND PROTECTION 3 . 1 Safety. The CONTRACTOR shall furnish and install al 1 necessary equipment and facilities for the protection of the workers and the safety of the public and shall carry on this work in a manner 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 for any damage incurred through his operations . The CONTRACTOR shall take cognizance of al l 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 TERMINATION/DEFAULT 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 fails to supply enough properly skilled workmen or proper materials, or if he 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 . The CONTRACTOR shall be liable to the OWNER for any damages resulting from such default. 5.0 DELAY 51c�tthtandir�g the ' contract schedule, the OWNER shall :have the right to delay pecrinanee fc�r ,up to three (3 ) months as necessaynr deable, and such delay shall not be deemed a breach of contract, but the contract „ hedule shall be extended for a period equivalent ta"" the time Inst by reason of the O l S delay. 1n :the event of such delay OWN2 shall be liable for any and all cots acl expenses for labor, overhead and e`qui�rnent incurred by Contractor up to the' date ,0' 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 in preparation for or in performance of the contract plus CONTRACTOR ' S lost profit for the period of CONTRACTOR ' S performance on the job site . 5 . 3 If the performance of the contract is delayed by fire, lightning, earthquake , 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 causes . 6.0 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 . ,CONTRACTOR 2 ACTOR agrees to remedy promptly and without ` dst` to OWNER, any defective "materials or workmanship which appear within ; a cine (I) year period after the date ©f final acceptance by the OWNER of the CONTR) d1b S, work. All. equipment' not manufactured by' CONTRACTOR carries only such warranty '- as given by the manufacturet thereof and which is hereby assigned "to the OW1lER " without recourse to ' 41AACTOR. 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 . This plan set shall show the exact way in which the installation was constructed, including all changes during the course of the proj ect . 6 . 5 . 3 The CONTRACTOR shall correct any errors to the As-Built plans upon review by the OWNER before Final Acceptance is complete . 7.0 INTENTIONALLY OMITTED 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 the Invitation to Bid. 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. 91.2 Tie County Adnttnistrator shall make such explanatibn as may be necessary tQ com€peteexplair� ar make definite finI .e provisions of this contract and the ' fincljngs, An&ddridlusions ahall not be final and binding. on both°parties , Eithet pAJ y may reject the County Administrator' s decision within ; thirty (3 }) . days of its issuane and request a in hearing as , agreed tri` by the parties; prior to instigating civil litigation. Pending the final decision of a dispute - thereunder, CONTRACTOR shall proceed diligently with its performance of die contract in acc;&dan&with the preliminary directions of the County Administrator. 10 . 0 TERMINATION BY THE COUNTY 10 . 1 The ,'Oe' r %` R xeservos tho fight to terminate a contract ,6y giving thiity (30 days notice in writing, etftl�'bjintention ta=terminate, for the convenience of:.tl e 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 concerning Public Entity crimes before a purchase of $ 10 ,000 . 00 or more can be made by a Government Entity . 12 . 0 PUBLIC DISCLOSURE STATEMENT 12 . 1 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, 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, 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 . The disclosure of relationships shall be a sworn statement made on a County approved form . 13 .0 Anything; in the caiitraet documents notwithstanding, in no event shall the OWNER or COhITRAOT6R b6 liable for special, indirect, incidental or consequential damages, including comnercialglass . or lost pcfits, ' even if either party has been acviscd' of the passibility of such "damages .` 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 the 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 lump 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 4 . 1 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 . 2 Final Payment Acceptance : 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 . 6.0 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 made 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 . 7. 0 COOPERATION/COORDINATION 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 . 8 . 0 BONDS 8 . 1 Bid Security : 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. SECTION C Scope of Work Courthouse Camera System expansion scope of work : The following cameras will be added to the Courthouse . ❑ Camera # 1 - Outdoor fixed color camera Judges parking area facing South . ❑ Camera #2 - Outdoor fixed color camera Judges parking area facing North . ❑ Camera #3 - Indoor fixed dome color camera located in the Family Relations area . ❑ Camera #4 - Indoor fixed dome color camera located in the Circuit County Civil area . ❑ Camera #5 - Outdoor fixed color camera facing breezeway towards rear of building . (Wide Lens) ❑ Camera #6 - Outdoor fixed color camera facing breezeway towards lobby area and door (Wide Lens) . ❑ Camera #7 - Indoor fixed dome color camera located in traffic misdemeanor area . ❑ Camera #8 - Indoor fixed dome color camera hallway in traffic misdemeanor area . ❑ Camera #9 - Outdoor fixed color camera sally port area . ❑ Camera # 10 & 11 — Outdoor ( PTZ) color cameras mounted on wall facing the walkways and entrance area of the courthouse . ❑ Camera # 12 — Outdoor Fixed with wide lens color camera mounted on roof facing parking deck . Central Control Room : Two 20" Color Monitors will be mounted on the top of the existing control cabinet in the Central Control Room . A Digital Recorder and switcher will be mounted in the control cabinet to record the views of the cameras . The keyboard for the switcher will be mounted in the control cabinet to change the views of cameras . The camera at the entrance of the courthouse will be reconnected into the new digital recorder. Judges Exiting/Entry Corridors : One 9" monitor will be mounted at each (2) Existing/Entry Corridors . The monitor will display the camera set to monitor the exiting Door. The following additional services will be provided : 1 . Complete system design and drawings . 2 . Standard one-year warranty on Cameras and accessories . 3 . Siemens Building Technologies Project Management . 1 ) A standard one-year warranty on materials installed by Siemens Building Technologies will be provided after the date of substantial completion . 2) Siemens Building Technologies will provide a project manager who will be responsible for all coordination of the retrofit of the equipment and wiring . 3) Siemens Building Technologies will provide 2 hours of staff training . 4) Performance Bond included . Labor & Documentation , • As built drawings • All wiring will be in Plenum Cable . Camera transformers mounted in Central station room . • Wiring termination & check out • Device to device check out • Engineering / Installation • Programming / Start Up • One Year Warranty • Owner Training NOT INCLUDED: • Repairs to existing CCTV system . Project Manager: Project Manager for Siemens Building Technologies : Rich Forbes Price Agreement for Regular Time Hourly Rates: Mechanics - $ 66 . 00 Electricians - $ 66 . 00 Specialist , Engineer - $ 80 . 00 Siemens Building Technologies, Inc . Building Automation Division Indian River County Courthouse - Expansion to the Existing Camera System By and Between : Siemens Building Technologies Indian River County Government Building Automation Division 2969 SW 42nd AVE Palm City , FL 34990 All aforementioned work shall be provided at Indian River County Courthouse 2000 16th Avenue Vero Beach , FI 32960 Siemens , Inc . shall complete the scope of work as outlined in the proposal dated June 24 , 2003 . TOTAL NET CHARGES : $ 40 , 633 . 00 SWORN STATEMENT UNDER SECTION 287 . 133 (3 ) , FLORIDA 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 Cameras and monitors at the Indian River County Courthouse . 2 . This sworn statement is submitted by S/EMEA/S /3u/,c y/n/!, %Ees-nvvG OG, /cs, JNe , whose business address is /O/// 444Js1A/as ,d e: ; lcllewm ,x Fi . 336z :5 and (if applicable) its Federal Identification No . (FEIN) is 3 - 276 24186 If entity has no FEIN , include the Social Security Number of the individual signing t .his sworn statement : 3 . My name is W/ /LL14A1 57L/A/ and my relationship to the entity named above is A, sr/ c7 4 . I understand that a "public entity crime " as defined in Paragraph 287 . 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 fury trial , or entry of a plea of guilty or nolo contendere . 6 . I 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 . 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 : Date ? ' ,? ' of 3 STATE OF i41 G /i d q OWNEROF Personally appeared before me, the undersigned authority, Pt 11 tA ," 6 . who after first being sworn by me , affixed his/her signature in the space provided above on this s3 day of J " 1 ., , 2003 Notary Public , to , State at large My Commission Expires : e. 1 P` r� Pati Scavone �( ; My Commission DD152605 '?e, n Expires September 23 , 2006 r . r 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 : S /�r�Ns �U/L1� <nr/, / �C<iivOGUI/ES 1/VC[name of entity submitting sworn statement] whose business address is : o / I /3usljove" UQ. and (if applicable) its Federal Employer Identification Number (FEIN) IS : 13 - Z74oZLI S6 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement . ) 3 . My name is S tel✓ [please print name of individual 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 . 6 . 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, 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 � ,,�•%D....�, kms, ��� "'`� [signature] ?, 3 - 2 - -:, 3 [date] STATE OF rjo/idA COUNTY OF &?04 fot The foregoing instrument was acknowledged before me this day of J 20 D3 , by b LdtAm b . Sir ' z4off.ca- Mmqr � , of sicon011 IdfA j ?CCA . a Z (44d4e &- corporation, on behalf of the corporation . He/She is personally known to me or who has produced as identification. NOTARY PUBLIC sign : a� print : �o►. xi pati Scavone • My Commission DD152605 o, M1 Expires September 23, 2006 State of Florida at large My Commission Expires : ( Seal)