5860 W. Las Positas Blvd, Suite 7, Pleasanton,California 94588 Phone Mobile (707) 4546535
[email protected]
October 19, 2022
Emeryville School District Quotation: AP10482217P
ECCL RFP#:
4727 San Pablo Ave Emeryville, California 94608 License/Cert Attention:
Reference: ECCL Gate
On behalf of Convergint’s global network of colleagues, I would like to personally thank you for providing Convergint with the opportunity to present this proposal addressing your electronic security needs. We are confident that this proven solution is both comprehensive and customized to meet your needs today, and in the future.
Convergint’s reputation for service excellence is backed by a foundational commitment to our core value of service, and we have been recognized as the #1 Systems Integrator by SDM Magazine. This recognition reflects the strong relationships Convergint has developed with the industry’s top technology manufacturers, and our history of success with providing exceptional service to our customers.
Our guiding principle has always been to be our customers’ best service provider. Our dedicated and certified team of professionals strives to uphold our customer-focused, service-based mission to make a daily difference for our customers. After achieving a successful on-time and on-budget project installation, Convergint will provide you with the industry’s best ongoing service, including our 24/7 customer portal iCare, designed to track service work orders, project progress, and provide you with detailed metric reporting for continuous improvement.
The following security proposal is specifically designed to meet your needs. As your single point of contact, please feel free to contact me with any additional questions you may have. Thank you again for trusting Convergint as your partner.
Scope of Work
Convergint will program/ install all devices on the below bill of materials to an existing Lenel Access Control System for Emeryville Unified School District at 4727 San Pablo Ave, Emeryville. This will include the following:
HID Card Readers with Contacts - Locations (1) Gate B Entry/ Exit Double Door (1) Gate C Entry Double Door (1) Gate D Double Door Entry/ Exit AIPHONE -Locations (1) Gate B Entry/ Exit Double Door (1) Gate C Entry Double Door (1) Gate D Double Door Entry/ Exit
Desk Stations for Intercom/ Master Stations- (1) Building C (1) Building D (1) Building B
Utilize an authorized Trade Partner (PTS) under the supervision of the Convergint Project Manager to provide and install all electronic door locking hardware and install all cabling/ field devices.
Customer to provide:
- data jacks for each desk station
-all necessary network racking.
-120V power for both systems.
-Network infostructure.
-Internet access.
-POE Switch.
-Fire rated piece of plywood of 4ft by 4ft at IDF location will be required to mount controller. -Open ports for additional readers
Materials
Line Qty Part Description Unit Price Extended
Price
1 Gate Devices
2 3.00 920PTNN
EK00000 RDR, RP40, MULTICLASS $ 286.24 $ 858.72
3 3.00 N205WG/
ST WIDE GAP GATE CONTACT $ 95.44 $ 286.32
4 Intercom System
5 Door Stations
6 3.00 AIP-IXDV IX-DV IP VIDEO DOOR STN,SURF $ 1,096.28 $ 3,288.84 7 Desk Stations
8 3.00 AIPIXMV7B IX MASTER, 7 BLACK $ 1,241.85 $ 3,725.55 9 Relay Controls
10 3.00 AIPIXWMA MULTI-PURPOSE ADAPTOR $ 611.41 $ 1,834.23 Equipment Total
$ 9,993.66
Total Labor
$ 9,304.80
Other Costs
$ 24,075.36
Freight/Warranty
$ 645.64
Tax if applicable
$ 1,049.33
Total Project Price
$ 45,068.79
Clarifications and Exclusion
1. All work proposed herein, shall be performed during normal business hours Monday through Friday 8:00 am - 5:00 pm.
2. Low voltage wiring shall be installed via open air code approved methods.
3. Provision or installation of conduit, wire, boxes, fittings or other electrical installation materials unless specifically listed under Inclusions or Bill of Materials.
4. Permits or associated fees are not included.
5. Customer to provide static IP addresses and network connections at panel locations.
6. Customer to provide a secured staging & storage area for project related materials.
7. Pricing assumes that electronic Auto CAD files are available from customer for our use in creating submittal drawings.
8. Twenty-Five percent (25%) of the proposed sell price shall be payable to Convergint for project mobilization. Mobilization shall be invoiced and due upon customer acceptance of this proposal.
9. Proposal does not include sales tax unless otherwise noted.
10. Anything in the Contract Documents notwithstanding, in no event shall either Contractor or Subcontractor be liable for special, indirect, incidental or consequential damages, including commercial loss, loss of use, or lost profits, even if either party has been advised of the possibility of such damages.
11. Convergint reserves the right to negotiate mutually acceptable contract terms and conditions with customer by making mutually agreeable changes to the formal contract included in the Bid Documents.
12. Customer acknowledges that supply-chain and shipping difficulties may result in unavoidable delays in deliveries of materials despite timely placement of orders and efforts by Convergint and its suppliers to avoid such delays. Customer agrees to provide Convergint with reasonable extensions of time to the extent of any such delays and Convergint agrees to make reasonable efforts to avoid or minimize such delays. Customer further acknowledges that the above-referenced supply-chain and shipping difficulties may result in unanticipated increases to Convergint’s proposal pricing on products covered by this quote or any resulting agreement and that such increases may occur between the time this quote is provided, or any resulting contract is executed and the time when Convergint actually purchases the products covered by this quote or a resulting agreement. Customer agrees that it will pay any such increase in Convergint’s initial pricing of obtaining the products above the proposal pricing upon which the quote or agreement was based, by change order or otherwise, and Convergint agrees that it shall make commercially reasonable efforts to minimize any such increase.
Performance Items
Items Included
Applicable Taxes Electrified Door Locking Hardware
Installation of Low Voltage Wire Material (listed in the BOM) One-Year Warranty on Labor One-Year Warranty on Parts
Operations & Maintenance Manuals Owner to Provide DHCP Lease Reservations for Network Connected Devices
Owner to Provide Static IP Addresses Owner Training
Project Management Record Documentation (As-Built)
System Programming Testing of all Proposed Devices
Wire
Items Excluded
120 VAC Power and Fused Disconnect Switch 120 VAC Power Receptacles Additional Lighting Requirements for Cameras Attend General Contractor Project Meetings Attend Owner Project Meetings Authority having Jurisdiction permit drawing (requires customer CAD)
Cable Ceiling Tiles and Ceiling Grid Repairs
Connection to Building Fire Alarm Panel Correction of Wiring Faults Caused by Others Door wiring typical connections Electrical Installation Permit Engineering and Drawings Equipment rack layout drawing
FA Permit and Plan Review Fees Fire Stopping (Excludes Existing Penetrations) Fire Watch Floor Coverings for Lifts
Floor plan with device placement and numbering
(requires customer CAD)
Freight (prepaid)
Horizontal Core Drilling Installation of Bridle Rings
Installation of CCTV Cameras Installation of Conduit, Boxes and Fittings Installation of Control Equipment Enclosures Installation of Control Panels Installation of Intercom Systems Installation of Intrusion Panels Installation of Network Cabling to Card Readers Installation of Network Cabling to IP Cameras Installation of Network Cabling to IP Intercoms Installation of Specialty Backboxes Installation of Terminal Cabinets Installation of Video Recorders (DVR/NVR) Installation of Wire and Cable Installation of Wire Hangars Lifts Loading Software on Customer Provided
Computer
Low Voltage Permits Mounting/Termination of Proposed Devices On-Site Lockable Storage Facility Panel Wall Elevation drawing (may require customer CAD)
Panel wiring with point to point connections Patch and Paint Payment & Performance Bonds Riser drawing with home run wiring Servers by Convergint Servers by Others
Specialty Backboxes Submittal Drawings
System Engineering System is Design-Build
System Meets Plans/Drawings Terminal Cabinets
Termination of Control Equipment Enclosures Vertical Core Drilling Workstations by Convergint Workstations by Others
Total Project Investment: $ 45,068.79
Thank you for considering Convergint for your Security needs. If you have any questions or would like additional information, please don't hesitate to contact me immediately. If you would like to proceed with the scope of work as outlined in this proposal, please sign below and return to my attention.
Sincerely,
Angelo Puentes
Convergint
Angelo Puentes
By signing below, I accept this proposal and agree to the Terms and Conditions contained herein
October 19, 2022
Customer Name (Printed) Date
Authorized Signature Title
Convergint Technologies’ Install Terms& Conditions Version 1.12 June 2020 Convergint Technologies Install Terms and Conditions
Throughout this Installation Proposal, the term, “Convergint” refers to the Convergint Technologies affiliate operating in the state/province in which the work is being performed.
SECTION 1. THE WORK
This Installation Proposal takes precedence over and supersedes any and all prior proposals, correspondence, and oral agreements or representations relating to the work set forth in the attached scope of work (“Work”).
This Installation Proposal commences on the Start Date as specified in the attached scope of work and represents the entire agreement between Convergint and Customer (the “Agreement”). In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in fullforce.
Convergint agrees in accordance with the mutually agreed project schedule:
a. To submitshop drawings, product data,samples and similarsubmittalsif required in performing the Work;
b. To pay for all labor, materials, equipment, tools,supervision, programming, testing,startup and documentation required to performthe Work in accordance with the Agreement; c. Secure and pay for permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, unlesslocal regulations provide otherwise; and d. Hire subcontractors and order material to perform part of the Work, if necessary, while remaining responsible for the completion oftheWork.
Customer agrees in accordance with the mutually agreed project schedule, and at no cost to Convergint:
a. To promptly approve submittals provided byConvergint; b. To provide accessto all areas of the facilitywhich are necessary to complete the Work; c. To supply suitable electricalservice as required byConvergint;and d. That in the event of any emergency or systems failure, reasonable safety precautions will be taken by Customerto protect life and property during the period of time from when Convergint is first notified of the emergency or failure and until such time that Convergint notifies the Customer that the systems are operational or that the emergency has cleared.
No monitoring services are included in the Work. Any such services shall be governed by a separate agreement.
Title to the Work, including any materials comprising the Work, shall pass to Customer as the Work is completed and the materials are incorporated into the Work at Customer's site. If materials are earlier stored on Customer's site pursuant to agreement between Customer and Convergint, title with respect to such materials shall pass to Customer upon delivery to Customer site.
SECTION 2. PRICING
Pricing and amounts proposed shallremain valid for 30 days unless otherwise specified. Price includes only the material listed based on Convergint’s interpretation of plans and specifications unless noted otherwise.
Additional equipment, unless negotiated prior to order placement, will be billed accordingly. Sales taxes, (and in Canada GST/PST) and any other taxes assessed on Customer shall be added to the price upon invoice to Customer.
SECTION 3. INVOICE REMITTANCE AND PAYMENT
If the Work is performed over more than a month,Convergintwill invoice Customer each month for the Work performed during the previous month. Customer agrees to pay the amount due to Convergint as invoiced, within thirty (30) days of the date of such invoice. If the Work is completed in less than one month, Customer agreesto pay Convergint in full after the Work has been performed within thirty (30) days of the date of being invoiced. Invoices shall not include or be subject to a project retention percentage. If Customer is overdue in any payment to Convergint, Convergintshall be entitled to suspend the Work until paid, and charge Customer an interest rate 1 and 1/2% percent per month,(or the maximumrate permitted by law, whichever is less), and may avail itself of any otherlegal or equitable remedy. Customershall reimburse Convergint costs incurred in collecting any amounts that become overdue, including attorney fees, court costs and any other reasonable expenditure.
SECTION 4. WARRANTY
Convergint provides the following SOLE AND EXCLUSIVE warranty to the Customer:
For the period of one (1) year, commencing at the earlier of substantial completion of the Work, or first beneficial use, (“Warranty Period”):
a. That Work performed under this Agreement will be ofgood quality; b. That all equipment will be new unless otherwise required or permitted by thisAgreement; c. That the Work will be free from defects not inherentin the quality required or permitted; and
d. That the Work will conform to the requirements ofthis Agreement.
The Customer’s sole remedy for any breach of this warranty is that Convergint shall remove, replace and/or repair at its own expense any defective or improper Work, discovered within the Warranty Period, provided Convergint is notified in writing of any defect within the Warranty Period.
Any equipment or productsinstalled by Convergint in the course of performing the Work hereundershall only carry such warranty as is provided by the manufacturer thereof, which Convergint hereby assignsto Customer without recourse to Convergint. Upon request of Customer, Convergint will use commercially reasonable efforts to assist Customer in enforcing any such third-party warranties. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by Convergint, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. NO FURTHER
WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO ANY
GOODS OR SERVICES PROVIDED UNDER THIS AGREEMENT, AND ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED.
SECTION 5. CHANGES
Without invalidating this Agreement or any bond given hereunder, Customer or Convergint may request changes in the Work. Any changes to the Agreement shall be in writing signed by both Customer and Convergint. If Customer orders any additional work or causes any material interference with Convergint’s performance of the Work, Convergint shall be entitled to an equitable adjustment in the time for performance and in the Agreement Price, including a reasonable allowance for overhead and profit.
SECTION 6. FORCE MAJEURE
Neither Customer nor Convergintshall be responsible or liable for, shall incur expense for, or be deemed to be in breach of this Agreement because of any delay in the performance of theirrespective obligations pursuant to this Agreement due solely to circumstances beyond their reasonable control (“Force Majeure”) and without the fault or negligence of the party experiencing such delay. A Force Majeure event shall include, but not be limited to: accident, fire, storm, water, flooding, negligence, vandalism, power failure, installation of incompatible equipment, improper operating procedures,source current fluctuations or lighting.If performance by either party is delayed due to Force Majeure, the time for that performance shall be extended for a period of time reasonably necessary to overcome the effect of the delay. Any Services required by Convergint due to reasons set forth in this Force Majeure Section shall be charged to Customer in addition to any amounts due under this Agreement.
SECTION 7. INSURANCE
Convergint shall have the following insurance coverage during the term of this Agreement, and shall provide certificates of insurance to the Customer prior to beginning work hereunder:
Worker’sCompensation Statutory Limits
Employer’s Liability $1,000,000 per occurrence /aggregate CommercialGeneral Liability $1,000,000 peroccurrence/aggregate
$2,000,000 general aggregate
AutomobileLiability $1,000,000 per occurrence/aggregate Excess/Umbrella Liability $10,000,000 peroccurrence/aggregate
All insurance policies carried by Convergint shall be primary to and noncontributory with the insurance afforded to Customer and shall name the Customer as “additional insured”, with respect to liability arising out of work performed by Convergint, as applicable, but only to the extent of liabilitiesfalling within the indemnity obligations of Convergint, pursuant to the terms of this Agreement.Convergintshall provide to theCustomer no lessthan thirty (30) days’ notice priorto the termination or cancellation of any such insurance policy.
SECTION 8. INDEMNIFICATION
Convergint shall indemnify and hold Customer harmless from and against claims, damages, losses and expenses, attributable to bodily injury,sickness, disease or death, or to destruction of tangible property, but only to the extent caused by: a) the negligent or willful acts or omissions of Convergint or Convergint’s employees or subcontractors while on Customer’ssite, or b) the malfunction of the equipmentsupplied by Convergint, or c) Convergint’s breach of this Agreement.
IN NO EVENT SHALL EITHER CONVERGINT OR CUSTOMER BE LIABLE TO THE OTHER PARTY
HERETO FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING
COMMERCIAL LOSS,LOSS OF USE OR LOSTPROFITS, EVEN IF THAT PARTY HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CONVERGINT BE LIABLE TO
CUSTOMER FOR ANY AMOUNTS IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO CONVERGINT.
It is understood and agreed by the parties hereto that Convergint is or may be providing intrusion products which are designed to provide notification of certain events but are not intended to be guarantees or insurers against any acts for which they are supposed to monitor or inform. Convergint’s indemnification obligation pursuant to Section 8 herein, does not apply to the extent the loss indemnified against is caused by any intrusion product or software provided by but not manufactured by Convergint. Convergint shall have no liability to Customer for any losses to the extent such losses are caused by the intrusion product or software.
Customer shall indemnify, defend, and hold harmless Convergint, from and against all claims, lawsuits, damages, losses and expenses by persons not a party to this Agreement, but only to the extent caused by such intrusion product or software provided by but not manufactured by Convergint.
SECTION 9. COMPLIANCE WITH LAW, SAFETY, & HAZARDOUS MATERIALS This Agreement shall be governed and construed in accordance with the laws of the state/province in which the Work is being performed. Convergint agrees to comply with all laws and regulations relating to or governing its provision of the Work. Convergint shall comply with all safety related laws and regulations and with the safety program of the Customer, provided such programis supplied to Convergint prior to beginningwork.
In the event that Convergint discovers or suspects the presence of hazardous materials, or unsafe working conditions at Customer’s facility where the Work is to be performed, Convergint is entitled to stop the Work at that facility if such hazardous materials, or unsafe working conditions were not provided by or caused by Convergint. Convergint in its sole discretion shall determine when it is “safe” to return to perform the Work at Customer’s facility. Convergint shall have no responsibility for the discovery, presence, handling, removing or disposal of or exposure of persons to hazardous materials in any form at the Customer’s facility. Customer shall indemnify and hold harmlessConvergint from and against claims, damages, losses and expenses, including but not limited to, reasonable attorney’s fees, arising out of or resulting from undisclosed hazardous materials, or unsafe working conditions at Customer’sfacility.
Customer acknowledges that applicable law or regulation may limit Customer’s rights and impose obligations with respect to information or data obtained using software capable of obtaining what may in certain circumstances be characterized as biometric information (individually and collectively, the “Software”) and agrees that Customer is solely responsible to ensure its own compliance with such laws or regulations. Customer shall completely indemnify, defend (including pay attorneys’ fees and disbursements), and hold harmless Convergint, its affiliates, and any employees, agents, contractors or representatives of any of the foregoing from and against any and all losses, liability, damages, penalties, expenses, claims, demands, actions, or causes of action, judgments (finally awarded) or settlements (individually and collectively, “Liabilities”) arising from or related to any intentional or negligent acts or omissions of Customer or any of its agents, affiliates, employees, or representatives arising from or related to the Software, any hardware, software, or other services associated with the Software, or the use of any of the foregoing by or on behalf of Customer, including but not limited to those arising from or related to Customer’s failure to comply with applicable laws or regulations related to its use of the Software or any hardware, software, or other services associated with the Software, including but not limited to the Customer’s failure to obtain any necessary consents from affected individuals or provide any necessary disclosures or protections with respect to the information of such individuals under any applicable privacy or data security law, but excluding matters for which Convergint has agreed to indemnify Customer from and against third party claims for copyright and trade secret infringement under the terms of the End User License Agreement for the Software between Convergint and Customer. Notwithstanding the foregoing, Customer and Convergint agree that Liabilities suffered by a third party (other than an affiliate of Convergint) which are an element of loss subject to indemnification under this paragraph shall be deemed direct damages.
SECTION 10. DISPUTES
In the event of any dispute between Convergint and Customer, Convergint and Customer shall first attempt to resolve the dispute in the field, but if that is not successful, then in a meeting between authorized officers of each company. If settlement attempts are not successful, then the dispute shall be decided exclusively by arbitration.
Such arbitration shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect and shall be a final binding resolution of the issues presented between the parties.The prevailing party shall be entitled to recoveritsreasonable attorneys’fees and costs.
SECTION 11. MISCELLANEOUS
Neither party to this Agreement shall assign this Agreement without the prior written consent of the other party hereto. Convergint may assign this Agreement to any of its parents, subsidiaries or affiliated companies or any entity majority owned by Convergint.
Notices shall be in writing and addressed to the other party, in accordance with the names and addresses of the parties as shown above. All noticesshall be effective upon receipt by the party to whom the notice wassent.
A waiverofthe terms hereunder by one partyto the other partyshallnot be effective unlessin writing and signed by a person with authority to commit the Customer or Convergint and delivered to the non-waiving party according to the notice provision herein. No waiver by Customer or Convergintshall operate as a continuous waiver, unless the written waiver specifically states that it is a continuous waiver of the terms stated in that waiver.
The Sections regarding invoicing, warranty, and indemnity, and disputes shall survive the termination of this Agreement.