Term_Contract_for_Fire_Alarm_and_Burglar_Alarm_Systems_Monitoring,_Testing,_Inspection,_and_Maintenance_(Addendum_#4_Revision).pdf

INVITATION FOR BID

IFB-604908-24/LNF

TERM CONTRACT FOR FIRE ALARM AND

BURGLAR ALARM SYSTEMS MONITORING,

TESTING, INSPECTION, AND MAINTENANCE

1301 East Second St.

Sanford, FL 32771

RELEASE DATE: October 31, 2024

DEADLINE FOR QUESTIONS: November 22, 2024

RESPONSE DEADLINE: December 4, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

IFB #IFB-604908-24/LNF

Title: Term Contract for Fire Alarm and Burglar Alarm Systems Monitoring, Testing, Inspection, and Maintenance https://secure.procurenow.com/portal/seminolefl https://secure.procurenow.com/portal/%7bproject.government.code%7d

Seminole County

Term Contract for Fire Alarm and Burglar Alarm Systems

Monitoring, Testing, Inspection, and Maintenance

TABLE OF CONTENTS

I. Introduction II. Scope of Services

III. Instructions to Bidders IV. Additional Terms & Conditions - Maintenance Svcs V. Instructions for the Preparation of Bids VI. Evaluation Phases

Attachments:

A - UPDATED Exhibit C - Price Proposal

B - Part 2 Exhbit C - Price Proposal Per Line Item

C - Fire Alarm Equipment List

D - Draft Agreement (IFB-604908-24)

Title: Term Contract for Fire Alarm and Burglar Alarm Systems Monitoring, Testing, Inspection, and Maintenance

1. Introduction

The Bidder is expected to completely analyze the information contained in this Invitation for Bid

(IFB) as guidance for the preparation of their written submittal. The Bidder’s written bid should be specific, detailed, and complete to demonstrate the Bidder’s understanding of the requested work clearly and fully and/or delivery requirements.

1.1. Summary

The Contractor will be responsible for all labor, materials, tools, supplies, equipment, coordination, supervision and incidentals necessary to perform remote station monitoring, repair, testing, inspection; and installation and replacement of fire alarm systems, burglar alarm systems, and components at all COUNTY owned and leased facilities, some of which will be performed on an emergency basis, and in accordance with the National Fire Protection Agency (NFPA) 72 Standards and

State Fire Marshall rules and guidelines.

1.2. Contact Information

Leticia Figueroa Senior Procurement Analyst 1301 East Second Street Sanford, FL 32771 Email: lfigueroa@seminolecountyfl.gov Phone: (407) 665-7119

Department:

Resource Management - Purchasing & Contracts

1.3. Timeline

Release Project Date October 31, 2024

Question Submission Deadline November 22, 2024, 10:00am

Proposal Submission Deadline December 4, 2024, 2:00pm mailto:lfigueroa@seminolecountyfl.gov tel:(407)665-7119

Title: Term Contract for Fire Alarm and Burglar Alarm Systems Monitoring, Testing, Inspection, and Maintenance

2. Scope of Services

2.1. TERM CONTRACT FOR FIRE ALARM AND BURGLAR ALARM

SYSTEMS MONITORING, TESTING, INSPECTION, AND

MAINTENANCE

GENERAL DESCRIPTION OF SERVICES. The Contractor will be responsible for all labor, materials, tools, supplies, equipment, coordination, supervision and incidentals necessary to perform remote station monitoring, repair, testing, inspection; and installation and replacement of fire alarm systems, burglar alarm systems, and components at all COUNTY owned and leased facilities, some of which will be performed on an emergency basis; and in accordance with the National Fire Protection Agency (NFPA) 72 Standards and State Fire Marshall rules and guidelines.

I. DEFINITIONS. Definitions to be used in this contract:

A. Contract Documents – the documents that will form the Contract between the parties, including the “Request for Proposal (which includes the Scope of Services)”, any attachments or addendum thereto, the CONTRACTOR’s “Proposal” and the executed agreement, provided, however, that the terms of this scope of Services shall prevail if in conflict with any other document.

B. County’s Representative – The designated official to represent the COUNTY. The

Facilities Division Manager of the COUNTY or his/her designee shall be the COUNTY’s representative for the purpose of the contract documents. Wherever in the Contract documents the approval, disapproval, consent, consultation, direction, or other action of the COUNTY is anticipated; such actions shall relate to the COUNTY’s representative unless the context or a provision of law otherwise specifies the action to be taken by the Board of County

Commissioners or a person who is not the COUNTY’s representative.

C. Good and workmanlike manner - That quality of work performed by one who has the knowledge, training or experience necessary for the successful practice of a trade or occupation and performed in a manner generally considered proficient by those capable of judging such work. It is understood and agreed that the Facilities Manager and his/her designees are capable of judging what is and what is not “good and workmanlike”.

II. PROVISION OF QUALIFIED PERSONNEL.

A. Technicians assigned to work on COUNTY facilities shall be trained and have adequate experience to complete the work in a “good and workmanlike manner” and in compliance with industry standards.

B. CONTRACTOR shall possess and maintain throughout the term of this agreement a

Florida Certified Alarm System Contractor 1 Certification. CONTRACTOR’s personnel that perform services shall possess and maintain throughout the term of this agreement a Florida

Certified Alarm System Agent Certification.

C. Communication with the COUNTY Facilities staff and other COUNTY employees is required to perform this scope of services. Communication with the Facilities staff is necessary in order to exchange information and instructions regarding the work assigned. Communication

Title: Term Contract for Fire Alarm and Burglar Alarm Systems Monitoring, Testing, Inspection, and Maintenance with other COUNTY employees is necessary in order to keep them informed regarding work schedules and status. Therefore, technicians assigned to work on COUNTY facilities shall be able to communicate properly, both verbal and non-verbal with COUNTY personnel.

D. All personnel assigned to work on COUNTY facilities shall be required to pass a background check conducted by the Seminole County Sheriff’s Department. The COUNTY alone shall determine if the results of the background check are acceptable.

E. The CONTRACTOR shall designate his representative and single point of contact. This person shall be the person through whom the COUNTY shall conduct all normal business activities and direct normal correspondence.

III. PROCEDURES FOR PERFORMING SERVICES.

A. All work shall be performed in a “good and workmanlike manner” and in compliance with industry standards and authorities having jurisdiction. It is understood and agreed that the

Facilities Division Manager and his/her designees are qualified and shall determine what is considered “good and workmanlike manner”. Work that is deemed to fall short of “good and workmanlike manner” shall be corrected by the CONTRACTOR at no additional cost to the

COUNTY.

B. In the performance of services, CONTRACTOR is solely responsible for compliance with all Federal, State and Local Codes and Regulations applicable at the time services are performed.

C. CONTRACTOR’S employee(s) shall report to the appropriate site at a mutually agreed-upon time prior to commencing work and return after completing work. This requirement applies to testing, maintenance, repair and call-backs

D. The CONTRACTOR shall make every effort to minimize inconvenience to COUNTY employees and the public at service locations.

E. CONTRACTOR shall furnish all lifts, ladders, tools, machinery, computers and other related equipment to complete the work. The COUNTY will not provide the CONTRACTOR with the appropriate manufacturer’s software.

F. CONTRACTOR is responsible for prompt cleanup and proper disposal of excess material, scrap material, trash and debris from the jobsite.

G. CONTRACTOR shall keep a safe and orderly workplace at all times.

H. CONTRACTOR shall be responsible for the repair of damage to buildings or other

COUNTY property that results from CONTRACTOR activities. This includes, but is not limited to plumbing systems, electrical systems, air conditioning systems, landscapes, pavement, irrigations systems, etc.

I. The CONTRACTOR shall be responsible to obtain and pay for all permits required to perform work and services on COUNTY facilities.

J. CONTRACTOR shall be responsible for any disposal fees that may be incurred for the removal of materials from COUNTY property in the performance of this contract.

Title: Term Contract for Fire Alarm and Burglar Alarm Systems Monitoring, Testing, Inspection, and Maintenance

K. CONTRACTOR, while performing services pursuant to this agreement, shall take all necessary precautions to protect buildings and personnel. CONTRACTOR shall at all times guard against damage to COUNTY property and injury to COUNTY employees, the public and other vendors and contractors and shall be held responsible for replacing or repairing any such loss or damage. The CONTRACTOR shall comply with all State, OSHA and other applicable safety regulations.

L. All work orders issued to the CONTRACTOR as an emergency will require the

CONTRACTOR to have a technician on site within two (2) hours of verbal, written or electronic notification.

M. If the necessary repairs to the system cannot be performed at the time of the initial visit, the system shall be stabilized to avoid repeat alarm conditions before the technician leaves the site and until such time as the repairs can be completed.

N. The CONTRACTOR shall provide the COUNTY with a status report on the condition of the fire alarm system prior to departing from the site.

IV. REPRESENTATIVE OF COUNTY AND CONTRACTOR.

A. The COUNTY representative for the administration of this Agreement shall be the

Facilities Division Manager or his/her designee. The COUNTY Facilities Division Manager or his/her designee shall be the single point of contact for the CONTRACTOR. The Facilities

Division Manager or his/her designee shall have the authority to transmit instructions, receive information, interpret and define COUNTY policy and make decisions regarding the work covered under this Agreement. The COUNTY is not obligated to compensate the

CONTRACTOR for any work performed by the CONTRACTOR not authorized by the Facilities

Division Manager or his/her designee.

B. CONTRACTOR shall designate a single point of contact and representative who is authorized to act on behalf of CONTRACTOR. A CONTRACTOR representative shall be available to the COUNTY (24) hours per day, (7) days per week, (365) days per year. The

CONTRACTOR shall keep the COUNTY continuously advised of the identity of the

CONTRACTOR representative. CONTRACTOR shall provide the COUNTY with all the contact information necessary to contact the CONTRACTOR representative (24) hours per day every day.

V. OTHER WORK. Other work by the COUNTY or under a separate agreement with a third party may be in progress at the service locations. CONTRACTOR shall cooperate at all times with others and shall coordinate his work with the work of others or as may be directed by the

COUNTY. CONTRACTOR shall not commit or permit any act which will interfere with the performance of work by any other contractor or by COUNTY employees.

VI. PERFORMANCE OF WORK.

A. Section A – Monitoring.

i. Contractor shall furnish fire alarm system protection/notification (24) hours per day,

(365) days per year for all buildings listed in Exhibit “A” - monthly monitoring column.

ii. An automatic phone line and DACT (Digital Alarm Communication Transmitter) test must be performed every (24) hours at 9:00 a.m. to ensure proper operation of the equipment.

Title: Term Contract for Fire Alarm and Burglar Alarm Systems Monitoring, Testing, Inspection, and Maintenance

iii. Contractor shall provide an emergency contact technician and telephone number for

(24)-hour service dispatch.

iv. Contractor must provide a UL/ETL certification for Central Station Monitoring.

v. Central station must be able to distinguish between a fire alarm system trouble, phone line trouble, DACT trouble, supervisory system trouble, and fire alarm.

vi. Contractor’s monitoring station shall have the ability to suspend, resume, modify or update monitoring of a location as needed for repairs, maintenance, testing or any other need, through voice and/or other electronic communications. The monitoring station shall also be able to note and/or modify special instructions regarding response or dispatch to alarms, supervisory or trouble notifications from the alarm system(s) per instructions from the County representatives.

vii. The central station must maintain a record of all communication tests, alarms, supervisory and trouble signals from each protected property. Such records involving alarms and interruption of service shall indicate the nature of the signal, time of occurrence, and time of restoration of service where applicable. A copy of such records shall be provided to the subscriber annually and to the Fire Marshall upon request.

viii. The DACT must dial the central station using a toll free or local phone number.

ix. The monitoring portion of the contract shall allow for a period not to exceed (90) days from the effective date of the contract for permitting and re-programming of the DACT if necessary. Monitoring of any location shall not commence until after the completion of the permitting and re-programming and shall be coordinated with the previous monitoring contractor so as not to create a disruption of monitoring services. The effective date for the transition of monitoring services from the previous contractor to the new contractor shall be agreed upon, in writing, by the County representative. All costs of permitting and re-programming shall be the responsibility of the CONTRACTOR.

B. Section B - Testing and Inspections.

i. All testing and inspections shall comply with minimum NFPA 13, 14, 96 and 72 standards and State Fire Marshall guidelines, and shall comply with FS 633 and F.A.C 69A-48 as well as any other state, county of local requirements or guidelines.

ii. Before proceeding with any testing, all persons and facilities that will receive an alarm, supervisory, or trouble signal shall be notified by the contractor to prevent unnecessary response. At the conclusion of the testing, those previously notified shall be further notified that the testing has concluded. Monitoring shall be resumed as soon as possible once any testing is completed.

iii. Each time a fire alarm system is inspected or tested a fire alarm service tag must be affixed to the fire alarm control panel and a detailed entry must be made into the system log.

Each time a system is inspected, tested, serviced or altered, a certificate of compliance (NFPA

72 form) shall be completed and provided to the County Representative

iv. Annual costs for Attachment “A” testing and inspections shall be a total of all inspection fees for one calendar year regardless of frequency.

Title: Term Contract for Fire Alarm and Burglar Alarm Systems Monitoring, Testing, Inspection, and Maintenance

v. Any deficiencies found during testing and inspections shall be reported to the County representative immediately.

vi. All fire alarm and burglar alarm cabinets shall be cleaned inside and out as part of every inspection.

C. Section C – Repair.

i. All services, excluding monthly monitoring, testing, and inspections, shall be deemed a repair.

ii. Except in an emergency situation, all repair activities shall be approved by the County before it is performed.

iii. A detailed quote must be submitted by the contractor in accordance with the rates provided in Section 4, and approved in writing by the County representative, before any repairs may take place.

iv. If repair work is required due to acts or omissions of the contractor, the costs of such work shall be borne solely by the contractor.

v. The contractor shall maintain an adequate inventory of any and all necessary peripheral devices and fire alarm control components and related materials, in order to insure minimal system down time, at no additional charge to the County. Inventory shall be maintained at the local shop location.

vi. At any time throughout the life of this agreement a third party quote may be obtained for a maintenance or repair task at the sole discretion of the County.

vii. All parts furnished under this contract shall be new and genuine manufacturer's recommended or authorized replacement parts. Use of used parts is strictly prohibited.

viii. The CONTRACTOR shall notify the COUNTY before commencing and upon completion of all repair activities.

Supplemental Terms and Conditions

TABLE OF CONTENTS

GENERAL CONDITIONS

Sections Page

1. Definitions/Interpretations 2

2. Preliminary Matters 4

3. Contractor's Responsibilities 5

4. Work by Others 10

5. Project Manager’s Status during Construction 10

Title: Term Contract for Fire Alarm and Burglar Alarm Systems Monitoring, Testing, Inspection, and Maintenance

6. Delays and Extension of Time 12

7. Schedules 13

8. Warranty or Guarantee, Tests and Inspections, Connections, Removal or Acceptance of Defective Work 14

9. Suspension of Work and Termination 15

10. Miscellaneous 15

GENERAL CONDITIONS

SECTION 1 - DEFINITIONS/INTERPRETATIONS

Definitions.

Whenever used in the Contract Documents, the following terms shall have the meanings indicated, which shall be applicable to both the singular and plural thereof.

Addenda - Written or graphic instruments issued prior to the date for opening Bids which modify or interpret the Bidding Documents by additions, deletions, corrections or clarifications.

Acceptance: Final Acceptance - The formal action by COUNTY accepting the Work as being complete after certification by County’s Representative of Final Completion.

Agreement - The written Agreement between COUNTY and CONTRACTOR covering the Work to be performed; other Contract Documents are incorporated in or referenced in the Agreement and made a part thereof as provided therein.

Building Elements - An architectural, structural, electrical, mechanical or plumbing component of a building, facility, space, or site.

Change Order - A written instrument issued on or after the Effective Date of the Agreement, of which when duly executed by COUNTY and CONTRACTOR amends the Contract Documents to provide for changes in the Work or in the provisions of the Contract Documents, or changes in Contract Price or Contract Time, or any combination thereof.

Contract Claim - Any dispute arising out of or related to the Contract Documents between the

COUNTY and CONTRACTOR including, but not limited to, any demand or assertion by one of the parties seeking any equitable adjustment of the Contract Price, Contract Time or other relief with respect to the Contract Documents.

Contract Documents - The Agreement and those documents referenced in the Agreement.

Contract Price - The total compensation, subject to authorized adjustments, payable by

COUNTY to CONTRACTOR for satisfactory completion of all Work under the Contract

Documents as stated in the Agreement.

Contract Time - The period of time allotted in the Contract Documents, subject to authorized adjustments, for Substantial Completion and Final Completion of the Work, or other interim completion dates identified in the Contract Documents.

Title: Term Contract for Fire Alarm and Burglar Alarm Systems Monitoring, Testing, Inspection, and Maintenance

CONTRACTOR - The individual, partnership, corporation, joint venture, or other legal entity or combination thereof, who is currently and actively licensed by the State of Florida and who has entered into the Agreement with COUNTY for the performance of the Work. The term

"CONTRACTOR" means CONTRACTOR or its authorized representative.

COUNTY - Seminole County, a political subdivision of the State of Florida; the Owner.

Date of Commencement of the Contract Time - The Begin Date given by the Purchase Order when the Contract Time commences to run.

Day - A calendar day of 24 hours lasting from midnight one day to midnight the next day.

Defect or Defective - A reference to Work that is unsatisfactory, faulty or deficient, or does not conform to the contract plans or specifications or does not meet the requirements of any inspection, code, reference standard, test or approval referred to in the Contract Documents or has been damaged prior to Final Acceptance (unless responsibility for the protection thereof has been assumed by COUNTY).

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 by the last of the two parties to sign.

Equipment - The Machinery and Equipment, together with the necessary supplies for upkeep and maintenance thereof; also, the tools and all other apparatus necessary, for the construction and acceptable completion of the Work.

Holidays - Days designated by Seminole County as legal holidays. These days are:

New Year's Day - January 1st Martin Luther King's Birthday - Third Monday in January Memorial Day - Last Monday in May Independence Day - July 4th Labor Day - First Monday in September Veteran's Day - As Designated Thanksgiving Day - Fourth Thursday in November Day after Thanksgiving Day - Fourth Friday in November Christmas Day - December 25th

Laws and Regulations; Laws or Regulations - Laws, Rules, Codes, Regulations, Ordinances, and/or court or administrative orders of the federal, state and local governments.

Materials - Any substances to be incorporated in the Work under the Contract Documents.

Permits - An authoritative or official certificate of permission.

Progress Schedule - All documentation related to the planning, scheduling and implementation of the Work as described in the Contract Documents.

Project - The total construction of which the Work to be provided under the Contract

Documents is a part as indicated elsewhere in the Contract Documents.

Title: Term Contract for Fire Alarm and Burglar Alarm Systems Monitoring, Testing, Inspection, and Maintenance

Project Manager - The authorized representative of the County who is assigned to the Project.

The County’s representative acting directly or through duly authorized representatives.

Subcontractor - An individual, partnership, corporation, joint venture, or other combination thereof having a Sub-agreement with CONTRACTOR for (a) the performance of labor in connection with part of the Work at the site; or (b) for both performing labor in connection with part of the Work at the site and furnishing items of Materials or Equipment for incorporation into the Work. Subcontractor also means an individual, partnership, corporation, joint venture, or other combination thereof that has a Sub-agreement with another Subcontractor to perform any of the Work at the site.

Supplier - A manufacturer, fabricator, Supplier, distributor, material-man or vendor.

Total Bid - Amount stated in the Bid Form by the Bidder as the Bidder's offer to furnish all labor, Materials and Equipment to perform all Work in strict accordance with the Contract Documents.

If an Agreement is awarded to a Bidder, the Total Bid amount shall be the Contract Price.

Warranty Period - The period of time within which CONTRACTOR shall promptly, without cost to COUNTY and in accordance with COUNTY's written instructions, either correct Defective

Work or, if it has been rejected by COUNTY, remove it from the site and replace it with non-

Defective Work. The Warranty Period does not limit the CONTRACTOR's warranty that the

Work has been completed in accordance with the Contract Documents.

Work - All labor, permits, bonds, equipment, Materials and incidentals required for the construction of the improvement by the Contract Documents, including superintendence, use of

Equipment and tools, and all services and responsibilities prescribed or implied, which are necessary for the complete performance by the CONTRACTOR of his obligations under the

Contract Documents. Unless otherwise specified herein or in the Contract Documents, all costs of liability and of performing the Work shall be at the CONTRACTOR's expense.

SECTION 2 - PRELIMINARY MATTERS

Copies of Documents. COUNTY shall furnish to CONTRACTOR one copy of the Contract

Documents free of charge. CONTRACTOR will be responsible for obtaining additional copies.

Commencement of the Contract Time; Purchase Order. The Contract Time will begin on the date indicated in the Purchase Order.

The CONTRACTOR shall start to perform the Work on the date indicated on the Purchase

Order. Prior to the issuance of a Purchase Order , a preconstruction conference shall be attended by the CONTRACTOR and his subcontractors, PROJECT MANAGER and COUNTY and other entities as applicable to the Work at which time a date will be established for the issuance of the Purchase Order.

Before Starting Work. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent information and all applicable field measurements. CONTRACTOR shall promptly report in writing to

PROJECT MANAGER any conflict, error or discrepancy which CONTRACTOR or any of his

Subcontractors or Suppliers may discover and shall obtain a written interpretation or clarification from PROJECT MANAGER before proceeding with any Work affected thereby; provided, however, CONTRACTOR shall not be liable to COUNTY or PROJECT MANAGER for failure to

Title: Term Contract for Fire Alarm and Burglar Alarm Systems Monitoring, Testing, Inspection, and Maintenance report any conflict, error or discrepancy unless CONTRACTOR or any of his Subcontractors or suppliers had actual knowledge thereof or should reasonably have known thereof.

Before commencement of the Work, CONTRACTOR shall submit to the PROJECT MANAGER for review a preliminary Progress Schedule indicating the starting and finishing dates of each

Work activity, and a proposed schedule.

Preconstruction Conference. Prior to commencement of Work at the site, a conference will be held for review of the schedules, to establish procedures for a working understanding among the parties as to the Work.

Physical Conditions. The CONTRACTOR shall take the steps necessary to ascertain the nature and the location of the Work. The CONTRACTOR shall also determined for himself the existing physical conditions which can affect the work or its cost, including but not limited to, (1) conditions bearing upon mobilization, demolition, transportation, disposal, handling and storage of materials; (2) the availability of labor, water, electric power; (3) uncertainties of weather; (4) the conformation of surface and subsurface ground conditions; (5) the character and limitations of the equipment, machinery and existing physical conditions within the limits of construction or within the buildings that are utilized during the Work.

The CONTRACTOR shall employ only competent personnel and utilize only suitable equipment in performing the layout of the Work. Contractor shall not engage the services of any person or persons in the employ of the COUNTY for performance of the layout of the Work. Adequate field notes and records shall be kept on a daily basis as the layout work is accomplished. These field notes and records shall be available for review by the PROJECT MANAGER as the Work progresses and copies shall be furnished at the time of completion of the Project. Any inspection or checking of the CONTRACTOR's field notes or layout work by the PROJECT

MANAGER and the acceptance of all or any part thereof shall not relieve the CONTRACTOR of his responsibility to achieve the lines, grades and dimensions shown in the Plans/Specifications.

SECTION 3 - CONTRACTOR'S RESPONSIBILITIES

Supervision and Superintendence. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract

Documents. CONTRACTOR shall be solely responsible for all means and methods, techniques, schedules, sequences and procedures of construction and for providing the required safety precautions, for coordinating all portions of the Work with all regulatory, jurisdictional and governmental authorities, for further coordination as required with commercial businesses, private residents and employees of the Owner and for enforcement of order and cooperation among the CONTRACTOR's employees and all of the Subcontractors and Suppliers. The

CONTRACTOR shall be responsible to see that the competed Work complies accurately with the Contract Documents and its intent.

Personnel and Working Hours. CONTRACTOR shall at all times maintain good discipline and order at the site.

CONTRACTOR shall provide competent, qualified personnel to perform construction as required by the Contract Documents. CONTRACTOR is fully responsible to provide a sufficient number of skilled workers and supervisory personnel to perform the Work and assure that the

Title: Term Contract for Fire Alarm and Burglar Alarm Systems Monitoring, Testing, Inspection, and Maintenance

Work is completed according to the established Construction Schedule and within the Contract

Time. Failure to fully man the Project with supervisory personnel, skilled workers or common laborers of which actions shall lead to a delay in the Work Schedule shall be cause for a claim for damages against CONTRACTOR or termination of CONTRACTOR by the Owner.

Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, all Work at the site shall be performed during normal working hours, unless otherwise specified. Normal working hours shall be defined as period occurring between the hours beginning at 7:00 a.m. and ending at 5:00 p.m., exclusive of Saturdays, Sundays, or

Holidays.

Items of Material or Equipment. All Materials and Equipment shall be of good quality and new.

All Materials and Equipment shall be handled, stored, applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier.

Manufacturers' or Suppliers' warranties for all Materials, products and Equipment to be furnished by CONTRACTOR and to be incorporated into the completed Work shall be furnished to COUNTY through CONTRACTOR.

Project is to be constructed with asbestos-free materials.

Concerning Subcontractors - The Contractor will be fully responsible for all acts and omissions of his Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that they are employed by him. Nothing contained in the Contract Documents shall create, nor be interpreted to create, privity or any other contractual relationship whatsoever between the County and any

Subcontractor or any person except the Contractor, or any obligation on the part of the County to payor to see to the payment of any monies due any Subcontractor, except as may otherwise be required by law. The County may furnish to any Subcontractor, to the extent practicable, evidence of amounts paid to the Contractor on account of specific Work done. The Contractor agrees to bind specifically every Subcontractor to the applicable terms and conditions of the

Contract Documents for the benefit of the County. All Work performed for the Contractor by

Subcontractors shall be pursuant to an appropriate agreement between the Contractor and the

Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance held by the County as trustee.

Patent Fees and Royalties - The Contractor will pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others.

Permits. Unless otherwise provided in the Contract Documents, CONTRACTOR shall obtain and pay for all construction permits, fees, and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. CONTRACTOR shall pay all charges of public and private utility service companies for all required utility services that complete and accomplish the

Work according to the Contract Documents. The CONTRACTOR shall meet all requirements of all permits and licenses and shall be responsible for all fines, assessments, and penalties of any nature assessed against the CONTRACTOR or COUNTY or both relating to any permit violation.

Title: Term Contract for Fire Alarm and Burglar Alarm Systems Monitoring, Testing, Inspection, and Maintenance

Laws and Regulations. CONTRACTOR shall give all notices and comply with all Laws and

Regulations applicable to the Work. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations and without such notice to

PROJECT MANAGER, CONTRACTOR shall bear all costs arising therefrom.

CONTRACTOR shall pay all sales, consumer, use and other taxes required to be paid by it in accordance with the Laws and Regulations of the place of the Project.

CONTRACTOR shall comply with all Federal, State, and Local laws, ordinances, codes, and regulations applying to the Work. The CONTRACTOR shall be solely responsible for bidding and constructing the Work per the current building codes as required by the Contract

Documents and the construction practices normally applicable to each trade vendors or installer’s trade.

All items to be purchased under this contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health

Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the

National Fire Protection Association (NFPA).

Use of Premises. The CONTRACTOR shall confine construction equipment, the storage of materials and the operations of workers to areas permitted by Laws and Regulations, rights-of-way, easements or required by the Contract Documents or limited by the Owner. The

CONTRACTOR shall not unreasonably encumber the premises with construction equipment or materials or other equipment. The CONTRACTOR shall assume full responsibility for any damage to any such property, or to the owner or occupant thereof or of any other property, caused or alleged to have been caused by or incident to the execution of this Work. The

CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim.

During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work.

Periodically, during construction, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises for disposal. At completion of the Work all tools, appliances, construction equipment and machinery, and surplus materials shall be removed by the Contractor and shall leave the site clean and ready for occupancy by COUNTY.

CONTRACTOR shall restore to original condition or better all property not designated for alteration by the Contract Documents, but, was impacted due to the construction operations and close proximity to the Project.

CONTRACTOR shall not load or permit any part of any structure to be loaded in any manner that will endanger human life or damage the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to loads that will endanger human life or damage it.

Safety and Protection. CONTRACTOR shall be solely and completely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work.

CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the Work and other persons (including but not limited to the general public or employees of the Owner) who may be affected thereby; all the Work and all Materials or Equipment to be incorporated therein, whether in storage on or off the site; and other property at the site, adjacent thereto, or utilized

Title: Term Contract for Fire Alarm and Burglar Alarm Systems Monitoring, Testing, Inspection, and Maintenance by CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as PROJECT MANAGER issues a notice to COUNTY and CONTRACTOR that the Work is acceptable.

All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by

CONTRACTOR, any Subcontractor, Supplier or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR at his sole cost.

CONTRACTOR shall comply with all applicable Laws and Regulations of any governmental entity having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss including, but not limited to, OSHA (Public Law 91-596) and the Contract Work

Hours and Safety Standards Act (Public Law 91-54); and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall designate a responsible member of his organization at the site whose duties shall be preventing accidents and insuring compliance with all applicable safety regulations. This person shall be CONTRACTOR's

Superintendent unless otherwise designated in writing by CONTRACTOR to COUNTY.

At all times CONTRACTOR shall, and shall cause his Subcontractors and Suppliers to, carefully protect its and their Work, materials, equipment, and supplies against damage or injury from the weather. If in the opinion of PROJECT MANAGER any of the above has been damaged or injured by reason of failure on the part of CONTRACTOR, any Subcontractor or Supplier to perform according to the requirements of this provision, said Work, Materials, Equipment and supplies shall be removed and replaced at the expense of CONTRACTOR.

CONTRACTOR shall notify PROJECT MANAGER of any job site injuries at the Project site.

Serious injuries shall be verbally reported to the PROJECT MANAGER within two (2) hours of occurrence of the incident. CONTRACTOR shall submit a written report of each serious injury to

PROJECT MANAGER within twenty-four (24) hours of occurrence of the incident.

CONTRACTOR shall prepare injury reports regardless of whether the injury is to the

CONTRACTOR's personnel, subcontractors, COUNTY personnel or other persons.

Emergencies. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROJECT MANAGER or COUNTY, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give COUNTY prompt written notice if

CONTRACTOR believes that any significant changes in the Work have resulted because of the action taken in response to an emergency. If COUNTY determines that changes are required, COUNTY shall authorize the changes by written Change Order. If the emergency was not due to the fault or negligence of CONTRACTOR, or any Subcontractor or Supplier or anyone for whose acts any of them may be liable and the changes cause an increase or decrease in

CONTRACTOR's cost or the time required to perform any part of the Work, COUNTY shall make an adjustment in Contract Time.

Continuing the Work. CONTRACTOR shall carry on the Work and maintain the Progress

Schedule during all disputes or disagreements with COUNTY. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and

COUNTY may otherwise agree in writing. Suspension of the Work by CONTRACTOR during

Title: Term Contract for Fire Alarm and Burglar Alarm Systems Monitoring, Testing, Inspection, and Maintenance any dispute or disagreement with COUNTY shall entitle COUNTY to terminate the CONTRACT for cause, except as otherwise provided in Section 15.

Responsibility for Coordinating and Connecting to Existing Services and Utilities. At all points where the Work constructed by CONTRACTOR connects to existing utilities and services, the actual Work of making the necessary connection to the existing service or utility shall be arranged for and coordinated by CONTRACTOR at no expense to COUNTY (unless specifically indicated otherwise). Services and utilities included within (but not limited to) this responsibility are roadways, sidewalks, driveways, ditches, electrical, lighting, sanitary sewer, mechanical, fire suppression, water distribution, gas, plumbing, communications, data, phone, storm water, etc. Connections shall be made at a time that will result in the least possible interference with existing services.

Storage of Materials. Materials shall be so stored as to insure the preservation of their quality, color, and fitness for the Work and shall be so located as to facilitate prompt inspection, and to minimize noise impacts on sensitive receivers. Materials improperly stored may be rejected without testing. Materials or equipment shall not be stored under the canopy or within the ‘drip line’ of any trees without prior approval by the Project Manager.

The insurance, protection and security of stored materials shall be the sole responsibility of the

CONTRACTOR. The COUNTY shall not be liable or at risk for any loss of materials due to theft, weather, negligence, nor for any damages to the stored materials.

Defective Materials. Materials which are or have been improperly stored. All such materials, whether in place or not, will be rejected and shall, unless otherwise permitted by the PROJECT

MANAGER, be removed immediately from the site of the Work and from the CONTRACTOR's storage areas, at the CONTRACTOR's expense. No rejected material, the defects of which have been subsequently corrected, shall be used until approval has been given. Upon failure on the part of the CONTRACTOR to comply promptly with any order of the PROJECT MANAGER made under the provisions of this Section, the PROJECT MANAGER shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any moneys due or to become due the CONTRACTOR.

CONTRACTOR's Responsibility for Work. Until acceptance of the Work by the COUNTY it shall be under the charge and custody 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, arising either from the execution or from the non-execution of the Work. The

CONTRACTOR shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any of the above causes before its completion and acceptance except that in case of catastrophic damage the COUNTY may, at its discretion, reimburse the CONTRACTOR for the repair of such damage due to unforeseeable causes beyond the control of and without the fault or negligence of the

CONTRACTOR including, but not restricted to, Acts of God, of the public enemy or of governmental authorities.

Interferences. The CONTRACTOR shall at all times conduct the Work in such manner and in such sequence as to insure the least practicable interference with County employees, pedestrian/visitor traffic due to County business and vehicular traffic. The CONTRACTOR's

Title: Term Contract for Fire Alarm and Burglar Alarm Systems Monitoring, Testing, Inspection, and Maintenance vehicles, personnel, materials and equipment shall be operated in such a manner that they will not be a hazard or hindrance to daily operations and performance of County business.

Coordination with other Contractors. The CONTRACTOR shall coordinate and arrange his

Work and dispose of his Materials so as not to interfere with operations of other contractors engaged upon adjacent work and to join his Work to that of others in a proper manner, in accordance with the spirit of the Plans or Specifications, and to perform his Work in the proper sequence in relation to that of other contractors. Each contractor shall be responsible for any damage done by him or his agents to the work performed by another contractor.

Final Cleaning Up of Job Site. Upon completion of the Work, and before Acceptance and Final

Payment will be made, the CONTRACTOR shall remove from the COUNTY's job site and adjacent property all false Work, Equipment, surplus and discarded Materials, rubbish and temporary structures; CONTRACTOR shall restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the Work, and shall leave all waterways and drainage facilities unobstructed.

SECTION 4 - WORK BY OTHERS

Related Work at Site. COUNTY may perform other work at the site by COUNTY's own forces, provide for or allow other work to be performed by other owners, or let others direct contracts for other work. If the fact that such other work is to be performed was not noted in the Contract

Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work.

If COUNTY contracts with others for the performance of other work at the site, the

CONTRACTOR shall be responsible for coordination of the activities among the various contractors. Coordination with other contractors will be the sole responsibility of CONTRACTOR and neither COUNTY nor PROJECT MANAGER shall have any authority or responsibility with respect to such coordination.

Extensions in Contract Time. If CONTRACTOR is delayed at any time in performing or furnishing the Work by any act or neglect of another contractor or entity performing work at the site noted in the Contract Documents, CONTRACTOR may request an extension or adjustment in Contract Time and if COUNTY agrees that the delay requires an adjustment in Contract Time, COUNTY shall authorize the necessary extension of Contract Time. However, an extension in

Contract Time(s), if so granted, shall be CONTRACTOR's sole and exclusive remedy with respect to COUNTY, for any delay, disruption, interference, inefficiency, extension, constructive acceleration or hindrance and associated costs, however caused, resulting from delays caused by others performing other work at the site.

Contract Time Coordination. CONTRACTOR shall give prompt written notice to COUNTY, PROJECT MANAGER and any other affected contractor(s) whenever CONTRACTOR anticipates a conflict in Contract Time(s) related to or simultaneous with associated Contract

Time (s) in the work of others.

When Work is performed out of sequence and ahead of interfacing Work, CONTRACTOR shall be responsible for taking reasonable steps to minimize damage or loss to the Work which may be caused by others during the performance of their work, including (but not limited to)

Title: Term Contract for Fire Alarm and Burglar Alarm Systems Monitoring, Testing, Inspection, and Maintenance furnishing written notice to PROJECT MANAGER and to the other contractors that Work has been performed out of sequence and ahead of interfacing Work.

When work by others is performed out of sequence and ahead of interfacing Work, the said work shall be considered as if it had been shown on the Contract Documents. CONTRACTOR shall be responsible for protecting said work and shall replace, repair or otherwise settle with others any and all damage caused as a result of the performance of Work out of sequence.

SECTION 5 - PROJECT MANAGER'S STATUS DURING CONSTRUCTION

COUNTY'S Representative. PROJECT MANAGER will be COUNTY's representative during the construction of the Work. The duties and responsibilities and the limitations of authority of

PROJECT MANAGER as COUNTY's representative during construction are set forth in the

Contract Documents and shall not be extended without written consent of COUNTY and

PROJECT MANAGER.

Visits to Site. PROJECT MANAGER will make visits to the site at intervals appropriate to the various stages of the Work 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.

Project Representation. COUNTY may designate another agent to represent COUNTY at the site who is not the PROJECT MANAGER or its agent or employee.

Duties, Responsibilities and Limitations of Authority of PROJECT MANAGER. The

PROJECT MANAGER will perform the duties and responsibilities described herein. PROJECT

MANAGER shall generally issue all communications to CONTRACTOR including but not limited to communications directed to CONTRACTOR from COUNTY. CONTRACTOR shall generally issue all communications to COUNTY through PROJECT MANAGER

PROJECT MANAGER will provide instructions on procedures to be followed and schedule inspections of the Work; review daily inspection reports prepared; prepare documents as required and review them with COUNTY, as applicable.

PROJECT MANAGER will attend meetings with CONTRACTOR, such as the Preconstruction

Conference, Project Meetings and any other Project related meetings and prepare and circulate copies of minutes thereof. The preparation and circulation of minutes of preconstruction conferences, Project meetings and any other Project related meetings shall not relieve

CONTRACTOR of CONTRACTOR's responsibility to coordinate the work of the COUNTY, utility contractors, or the work of others or the CONTRACTOR's responsibility for scheduling and sequencing its Work with the work of the COUNTY, utility contractors or the work of others.

PROJECT MANAGER will conduct general on-site observations of the Work in progress and will observe for non-conformance reports to determine if the Work is proceeding in accordance with the Contract Documents.

PROJECT MANAGER will notify CONTRACTOR of disapproval or rejection of defective Work and will notify CONTRACTOR whether Defective Work is to be corrected, or replaced.

PROJECT MANAGER will accompany…