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HomeMy WebLinkAboutTaylored Systems, Inc./Brookshire Golf CourseCon ka _4* 01.1 t . 09. O 'f Taylored Systems, Inc. Brookshire Golf Course - 2008 APPROVED, AS i0 Appropriation #1 150A350900; P.O.#18244 FORM BY: qk, Contract Not To Exceed $40,651.00 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is hereby made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (hereinafter "City"), and Taylored Systems, Inc. (hereinafter "Professional"). RECITALS WHEREAS City owns and is responsible for the operation and maintenance of its property, personnel, public works and infrastructure; and WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing responsibilities; and WHEREAS, Professional is experienced in providing and desires to provide to City the professional services ("Services") referenced herein; and WHEREAS, City desires to engage Professional as an independent contractor for the purpose of .providing to City the Services referenced herein; NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions set forth herein, City and Professional mutually agree as follows: SECTION 1. INCORPORATION OF RECITALS The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof. SECTION 2. SCOPE OF SERVICES 2.1 City desires to engage Professional as an independent contractor for the Services set forth in attached Exhibit A, incorporated herein by this reference. 2.2 Professional understands and agrees that City may, from time to time, request Professional to provide additional or modified Services to City. When City desires additional Services from Professional, the City shall notify Professional of such additional Services desired, as well as the time frame in which same are to be provided. Only after City has approved Professional's time and cost estimate for the provision of such additional Services, has encumbered sufficient monies to pay for same, and has authorized Professional, in writing: to provide such additional Services, shall such Services be provided by Professional to City. A copy of the City's authorization documents for the purchase of additional Services shall be numbered and attached hereto in the order in which they are approved by City. 2.3 Time is of the essence of this Agreement. jjL g "y Oln?fl OS-tFOM6 I1? 5m FORM Rm 2p J .12'1RWX 1:30 YMf I Taylored Systems, Inc. Brookshire Golf Course - 2008 Appropriation#1 1504350900; P.O.#18244 Contract Not To Exceed $40,651.00 SECTION 3. CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the. Services. 3.4 City shall designate payment of the Services from City budget appropriation number 1150- 4350900 funds. 3.5 City shall designate the Mayor or his duly authorized representative to act on City's behalf on all matters regarding the Services. SECTION 4. PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5. COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than Forty Thousand Six Hundred Fifty One Dollar ($40,651.00) (the "Estimate"). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within sixty (60) days from the date of City's receipt of same, or be subject to a late charge of one percent (1%) of such unpaid and undisputed invoice amount for each month same remains unpaid. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City's prior written consent. ILA Bu•UfY OrammU??mtaimL SavieY3'ORI.LSAOfuvmY Sm+cu f(1M1 Rn IW] ?tr:IUIRWX I10 PMI 2 Taylored Systems. Inc. Brookshire Golf Course - 2008 Appropriation 011504350900; P.O. #18244 Contract Not To Exceed $40,651.00 SECTION 6. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2008, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. SECTION 7. MISCELLANEOUS 7.1 Termination. 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days' notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional's receipt of City's "Notice To Cease Services." 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect. City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries. Nothing contained, herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship. The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents; employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 'L?R RKZ+MV dt?mWto]oiiwY 5mvo1FOR\41Um1'vnmYSwico iOPAI Raw 3N]4c:IL1/1pW 1:l1iPM] 3 Taylored Systems. Inc. Brookshire Golf Course - 2008 Appropriation #1150-4350900: P.O.#18244 Contract Not To Exceed $40,651.00 7.5 Insurance. Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such insurance as is necessary for the protection of City and Professional from all claims under workers' compensation, occupational disease and/or unemployment compensation acts, because of errors and omissions, because of bodily injury, including, but not limited to, the personal injury, sickness, disease, or death of any of Professional's employees, agents or contractors and/or because of any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty (30) days' prior written notice to City. 7.6 Liens. Professional shall not cause or permit the filing of any lien on any of City's property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional's sole cost and expense. 7,7 Default. In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional's warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files,, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance. Professional agrees to comply with all laws, executive orders, rules. and regulations applicable to Professional's performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals' required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attomey fees resulting from any failure by Professional to do so. This indenmification obligation shall survive the termination of this Agreement. (Z'E Bm hDonwm?I4ofmimd5mvaclfURMNYOfncmysv,i?m fUMlRm tWi.tlsIL V1UJX ISn Pw 4' Taylored Systems, Inc. Brookshire Golf Course - 2008 Appropriation #1150-4350900: P.O. #18244 Contract Not To Exceed $40,651.00 7.9 Indemnification. Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 7.10 Discrimination Prohibition. Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. 7.11 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction,, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. 7.12 Notice. Any notice, invoice, order or other correspondence required or allowed to be sent pursuant.to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel Department of Administration One Civic Square Cannel, Indiana 46032 ATTENTION: David Van Bruaene PROFESSIONAL: Taylored Systems 14701 Cumberland Road, Suite 100 Noblesville, Indiana 46060 ATTENTION: Allen Wilson Douglas C. Haney Carmel City Attorney One Civic Square Carmel, Indiana 46032 17_F. 1MV WUmvnuUTOlownal 5v`-TOWM feumW Sm FORM Rav2W'I.?:1VMM61:20 M9 5 Taylored'Systems, Inc. Brookshire Golf Course -2008 Appropriation #l 150-4350900; P.O. #18244 Contract Not To Exceed $40,651.00 Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.13 Effective Date. The effective date ("Effective Date") of this Agreement shall be the date on which the last of the parties hereto executes same. 7.14 Governing Law: Lawsuits. This Agreement shall be governed by and construed in accordance with'the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Cannel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any. right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.. 7.15 Waiver. Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. 7.16 Non-Assi ]nment. Professional shall not. assign or pledge this Agreement nor delegate its obligations hereunder without City's prior written consent. 7.17 Entire Agreement. This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision.of this Agreement may be amended, added to or subtracted from except by hit agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any,provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. 7.18 Representation and Warranties. Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 'Z'?6uf NY ?mmnmt??AW rsuwil Sm?icaVORMSMnfm®mY Saw.'o iORNMEpi].JU.:ILIl11MY 11f PM1n 6 Taylored Systems, Inc. Brookshire Golf Course - 2008 Appropriation #11504350900; P.O. #18244 Contract Not To Exceed $40,651.00 7.19 Headings. All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.20 Advice of Counsel. The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.21 Copyright. City acknowledges that various materials which may be used and/or generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional's property. 7.22 Personnel. Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under liis supervision and all personnel engaged in the work shall be fully qualified to perform such services. 7.23 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or-early termination of this agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. 7.24 Accomplishment of Project Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City's organization. tZ?CauNlY puvmmnWr?l?uJ Sa?ssefFORR6tPmIw?mJ Saws FORM Rtv.W].JS:IYIRiMH 1:3U PAf? Taylored Systems, Inc. Brookshire Golf Course - 2008 Appropriation #11504350900; P.O. #18244 Contract Not To Exceed $40,651.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: Burke, Member E, T: D' na Cordray,IA C, ler?-Treasurer Date: z? /0 TAYLORED SYSTEMS, INC. BY: '00? Authorized Signature Printed Name, zl-?e'-'Aorl- 9 /t ?s/?EVYG /L 1/l r?s,? Title: 07 FID/TIN: 35'? ?39s?s? SSN if Sole Proprietor: Date: IZ?a?..urv? uworwmdse.umroxw?vmra.:.a sa.:w roam zr xnm.ivuxmai:m rn+] 8 Page I of 13 10 The sender of this message has requested a read receipt. Click,here to_sen_d a receipt. Van Bruaene Dave From: Luckoski, Todd C Sent: Tue 9/16/2008 10:49 AM To: Van Bruaene, Dave Cc: Subject: FW: Proposal Document Brookshire Golf Club 5594.doc Attachments: Updated From: Allen Wilson (mailto:awilson@taylored.com] Sent: Tuesday, September 16, 2008 10:49 AM To: Luckoski, Todd C Subject: Proposal Document Brookshire Golf Club 5594.doc Sorry, got in a hurry SAYLOAOFL`eltlJ/ s7YSAElYS9 INC. Brookshire Golf Club TAYLORED SYSTEMS STRUCTURED CABLING PROPOSAL & SCOPE OF WORK PREPARED BY: ALLEN WILSON (317) 776-4000 2 X LL4 littp:Howa.carmel.in.gov/exchange/dvanbruaene(a carmel.in.gov/lnbox/rW:%2OProposal%... 9/16/2008 Page 2 of 13 awilson@t"jqred.com Prepared for: Todd Luckoski 317-710-6145 DATE: September 15, 2008 INTRODUCTION: Taylored Systems, Inc. is pleasedto present a proposal for a Structured Cabling Solution. Since the cabling solution that you select to connect your voice and data communications systems becomes the lifeline of that system, choosing a qualified provider is a critical decision. Taylored Systems installs all of its projects to TIA/EIA- 568B, IEEE & BICSI Standards with Certified Installers to implement it. Taylored Systems uses only high-end quality products in Its solutions, which are backed by the manufacturer as well as Taylored Systems warranties. Out goal is to provide our customers with a physical layer Infrastructure capable of supporting all applications designed in conjunction with today's standards. By taking time to listen, study your business and understand your goals, Taylored Systems can installa complete structured cabling solution with service and support during and after the installation. rA w Taylored Systems is proud to offer Leviton connectivity for your cabling project. \N` (V Restriction on Disclosure And Use Of Information and Data This proposal or quotation includes information and datathat shall not be disclosed outside the realm. of its intended use and shall not be duplicated, used or disclosed -in whole or in pan- for any purpose other than to evaluate this proposal / quotation / bid. This specifically includes any and all competitors or similar companies of this nature. The information subject to this restriction is contained in the sheets LM bearing a reference to the restriction notice on this title page. ,. littp:Howa.carmel.in.gov/exchange/dvanbruaene a),,carmel.in.gov/Inbox/PW:`/`20Proposal`/o... 9/16/2008 Page 3 of 13 Addendum (A) - Quote / Contract # 5594 Carmel Re-development Commission - Cabling Scope of Work Taylored Systems will provide the material and labor to complete the following: Brookshire Golf Club Voice, Data, CATV and Copper Place, terminate and test (39) - CAT 5e cables to voice/data locations. • Extend D-Marc with 25-pair cable • Place (3) CATV RG6 runs and terminate to RG6 connectors. Conduit to TV locations to be installed by electrician • Place (1) 48"h x 25" d wall mount data rack with fan • Place (1) 48-port category 5e patch panels with rear management bar • Place (3) open horizontal wire managers • Place (1) shelf for UPS to set in rack • Place (1) rack mount UPS • Place (1) rack mount power strip • Place (1) rack ground bar N Place proper grounding • Place all voice and data runs in ]-Hooks according to standards • Label all runs at outlet and at closet location and provide a clean marked up set of prints • All voice and data runs will be tested with a Level 3 scope. Test results will be submitted at the completion of the project X • Provide (20) 10', (40) assorted T, 5', and 3' patch cords • Remove old cable htip:Howa.cannel.in.gov/exchange/dvanbniaene(p,carmel.in.gov/lnbox/b W :%2OProposal%... 9/16/2008 Page 4 of 13 Project Pricing Labor: Materials: Total: $ 4,904.64 $ 4,796.60 $ 9,701.24 Customer Acceptance Date Taylored Systems Acceptance To our valued customers. Taylored Systems takes pride in striving,to meet our customer's needs and timelines. Please help us in realizing it takes time for us to order the materials and schedule the necessary manpower to install your Structured Cabling Project. Taylored systems needs (10) Business days to begin your project after contract is signed and down payment Is received. This allows us to order materials and schedule manpower. Should you desire a date sooner than this, an expedite fee may be required. All materials are subject to manufacturers applicable to re-stocking fees. Any special order or custom ordered materials cannot be returned. w w Due to escalating raw material costs our suppliers have informed us that copper cable is subject to N "price in effect" at the time of order. Should you decide to work with Taylored Systems on this project please give us a call to verify any change in cable pricing. We apologize for any inconvenience this may cause. Addendum (A) - Quote / Contract # 5594 continued i X X Lf OUTSIDE PLANT CABLING SCOPE OF WORK http://owa.carniel.in.gov/exchange/dyanbriiaene@carinel. in.gov/Inbox/F W:%20Proposal%... 9/16/2008 Page 6 of 13 All materials are subject to manufacturers applicable to re-stocking fees. Any special order or custom ordered materials cannot be returned. Due to escalating raw material costs our suppliers have informed us that copper cable is subject to "price in effect" at the time of order. Should you decide to work with Taylored Systems on this project please give us a call to verify any change in cable pricing. We apologize for any inconvenience this may cause. CONNECTIVITY OPTIONS Patch Cords for proposed Data Cat See w w 3 foot RJ45-RJ45 patch cord $ 3.00 5 foot RJ45-RJ45 patch cord $ 3.50 7 foot RJ45-RJ45 patch cord $ 4.00 10 foot RJ45-RJ45 patch cord $ 4.75 X LLS http://owa.carmel.in.gov/exchange/dvanbru aene@carmel.in.gov/I nbox/F W:%20 Proposal%... 9/16/2008 Page 7 of 13 CUSTOMER RESPONSIBILITIES I.I All prints furnished by Customer, Architect, General Contractor or Customer Representitive must ensure prints are accurate and to scale for Taylored Systems to properly and accurately quote the project. 1.2 If no (to scale) prints are available, Taylored Systems is not responsible for shortages in any cables including voice, data, copper and fiber optic cables. A change order will be required for any additional cable, and labor to install the cable. 12 Customer is responsible for correctly identifying and informing Taylored Systems as to the return air handling system as a PLENUM or a NON-PLENUM rated system. Non ducted return air systems are PLENUM rated and require a plenum rated cable by code. 13 All cabling will be installed at each location as specified on the customer-supplied drawings. Any changes to drawings which require additional materials and labor will require a change order. 1.5 All Work Area cabling will be installed inside of walls in customer installed conduits where possible. Should we not be able to install cable inside walls a change order will be required for materials and labor to install the appropriate amount of surface mount raceway. Proper raceways will be utilized when dealing with modular furniture mounting or floor mounts. Horizontal cabling will not be exposed unless it is run through unfinished areas. Example; wall to cubes 1.6 All conduit and sleeves are to be. provided by others unless stated in Scope-of-Work w w http://owa.carmel.in. gov/exchange/dvanbruaenep,catniel. i n.gov/1 nboxlF W: %20Proposal`/o... 9/16/2008 Page 8 of 13 TAYLORED SYSTEMS STANDARD PRACTICES INSTALLATION 1.1 All cabling, faceplates, patch panels, equipment, etc., will be installed according to all applicable building codes and standards, as well as, all manufacturer specifications. 1.4 All voice/data cables will be routed from the Work Area to the appropriate distribution closet as directed by the Taylored Systems engineer with final input from the Certified installer. 1.6 Any core drill penetrations through walls.and floors will be sleeved and fire stopped by others unless otherwise stated. 1.7 All horizontal and backbone cabling will be installed parallel with the building structures. No, diagonal cable runs will be accepted without prior approval of the Taylored Systems engineer. All cabling will be supported at intervals no greater than 5 feet. In manufacturing or unfinished office space, where cable is exposed, the cables will be routed through bar-joist or supported with beam clamps, rings, or 1-hooks. At no time will drop ceiling panels, support wires, or grids be considered an acceptable supporting device. 1.8 At no time will cabling be supported by or attached to fire suppression equipment such as sprinkler pipes or brackets. w 1.9 Work Area faceplates will be installed at the same height from the floor as the power r?l outlets, or in the case of modular furniture, in a designated access point. 2. EQUIPMENT RACKS 2.1 Fquipment racks and/or cabinets will be anchored in a permanent manner so as not to present a safety hazard. Floor mount racks will be mounted to the floor with bolts and LU http://owa.cannel.in,govlexchange/dvanbruaenep,carmel.in.govAnboxlFW:%20Prbposal%... 9/16/2008 Page 9 of 13 anchors. Wall mount racks/cabinets will be mounted to a plywood backboard, which will be securely anchored to the wall. 2.2 Backboards will measure at least the height of the rack/cabinet and four feet wide. In addition, the backboard will be at least. three-quarters of an inch thick. The backboard will be anchored through the wall to at least two structural studs. In the case of a back- board being mounted to a masonry type wall, the wall will be drilled and anchored. At no time will plastic anchors or drywall screws be acceptable for supporting either the rack or backboard. 2.3 In the case of a floor mount rack being used on a raised floor, threaded rod will be installed through the floor panels to uni-strut with a washer and nut tightened to the rack for stability. 3. MOUNTING HARDWARE 3.1 All mounting hardware will strictly adhere to EIA/TIA standards, National Electrical Code and All State and Local ordinances. 4. SAFETY 4.1 Taylored Systems will be responsible to furnish their personnel with the necessary safety %* equipment (hard hats, safety belts, glasses, etc.), as specified by OSHA and all applicable rJ plant standards of the client. ?o 4.2 In addition, installation personnel will strictly adhere to all OSHA safety standards as well as plant safety procedures of the customer. 5. TESTING 5.1 Taylored Systems will test the horizontal cabling according to EIA/TIA TSB 67 W http://owa.carmel.in.gov/exchange/dvanbruaene(a,)carinel.in.gov/liiboxlF W:%20Proposal%... 9/16/2008 Page 10 of 13 specifications using a WireScope 350. A copy of the test results are available to the customer for no additional charge. 5.2 All fiber optic cable strands will be tested with a power meter/light source to determine acceptable loss levels. As an option all fiber strands can be tested with an OTDR and a trace supplied to the customer. 5.3 A printed label with a unique identifier will be attached to each Work Area outlet and patch panel, which will coincide with the designation on the floor plans. 6. WARRANTY 6.1 Taylored Systems warrants the material and workmanship with a one year warranty from the date of installation. Taylored Systems will repair or replace any cable or connector that does not support the application specified for the category of cabling and/or connector installed. 6.2 This warranty will be rendered null and void if is discovered that: 6.2.1 The cabling installation has undergone alterations from any parry other than Taylored Systems since the successful completion of the installation. 6.2.2 The cable installation has been damaged since the successful completion of the installation. a 6.2.3 Acts of God, such as lightning, flood, earthquakes, etc. tJ 6.3 In cases where the warranty has become null and void, Taylored Systems will bill the Q customer for all materials and labor used on a Time & Material basis. 6.4 Extended Warranty Commitment Statement: Leviton, together with f? Taylored Systems will provide system performance assurance and product warranties for telecommunications cabling systems which utilize authorized Leviton Products and X 4' Qualified Cable and which are designed and installed by Taylored Systems in accordance littp://owa.carmel.in.gov/exchange/dvanbruaene(a,)cartnet.in.gov/inboxfF W:%20Proposal%... 9/16/2008 Page II of 13 with Leviton specifications for the agreed upon period from the date of completion. If applicable, warranties are identified in the scope of work section of this document. CHANGE ORDERS 7.1 The customer may request changes within the general scope of the project by completing a change order provided by Taylored Systems, signed by its project manager or other individual designated and Taylored Systems shall promptly proceed with such changes. Any change requiring more labor and material will result in an adjustment of the price to be paid to Taylored Systems based on negotiated price or time and material rates. Change orders may extend the time required to complete the work. In no event shall any dispute over additional payment be grounds for delay of the original work or payment of original contract. 8. CONTACT Any questions regarding this-project should be submitted to your Taylored Systems, Inc. representative: w w Allen Wilson N (317) 774-3517 awilson@ta3d_qred.com ° 9. ASSUMPTIONS ° 00, L 9.1 Customer to provide drilling through walls, ceilings, or floors that exceed 4 inches in-depth and %: inch in diameter, firewall penetrations or specialty drilling equipment (i.e. w-ray equipment, ground fault http://owa.carmel.in.gov/exchange/dvanbruaeneocarmel.in.gov/lnbox/f W:%20Proposal%... 9/16/2008 Page 12 of 13 drills, core boring, etc.). 9.2 Assume no union labor or prevailing wages are required and that no use of sub- contractors be limited. 9.3 Assumes work will be performed during regular working hours (8:00 AM to 5:OOPM Monday through Friday). Weekend or after hours work may result in additional charges. 9.4 Assume on-site parking to be provided by customer. 9.5 Customer to provide current scaled and accurate building floor plans of the facilities two (2) weeks prior to cable installation in hard copy and in CAD. Plans shall include.all walls, windows, doors, furniture, telephone, printer and workstation locations; Taylored Systems can provide this service for an additional fee. 9.6 Assume any existing conduits and pathways to be used will be undamaged and have available capacity and access. 9.7 Pricing assumes reasonable unobstructed work by our crews and any downtime caused by the customer or other contractors, where in our crews cannot perform their work or must lease the site and return, will be billed at a Time & Material rate. 10. CONSTRUCTION DAMAGE / VANDALISM 10.1 Taylored Systems will not be held liable or responsible for damage to installed or on site materials caused by accidental damage or vandalism by other contractors or persons. N I1' X LU http://owa.carmel.in.gov/exchange/dvanbruaene(r?,carmel.iii.gov/lnbox/F W:°/`2OProposal%... 9/16/2008 Page 5 of 13 Taylored Systems will provide the material and labor to complete the following: Place (2) 1.25" conduits and (3) hand holes between the new Comm. Room and the Maintenance Facility Place (1) 6-strand single-mode fiber from New Comm. Room to Maintenance Facility Terminate fiber to SC connectors and into patch panels at each end and test Place (1) 25-pair cable from New Comm. Room to Maintenance Facility Terminate 25-pair cable to lighting protection at each end Provide (2) SC to LC SM fiber patch cords Project Pricing Labor: $ 23,530.00 Materials: $ 7,419.76 Total: $ 30,949.76 Customer Acceptance Date Taylored Systems Acceptance To our valued customers. Taylored Systems takes pride in striving to meet our customer's needs and timelines. Please help us in realizing it takes time for us to order the materials and schedule the necessary manpower to install your Structured Cabling Project. Taylored Systems needs (to) Business days to begin your project after contract Is signed and down payment is received. This allows us to order materials and schedule manpower. Should you desire a date sooner than this, an expedite fee may be required. litip://owa.carmel.in.gov/exchange/dvanbruaene(a carmel.in.gov/1nboxiFW:%20Proposal`/o... 9/16/2008 w w f_ UJ