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HomeMy WebLinkAbout03-03-14 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Workshop but not prior to the posted start time. Mission Statement On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our vibrant culture and metropolitan location. Westlake, Texas – A Premier Knowledge Based Community Page 1 of 2 TOWN OF WESTLAKE, TEXAS Vision Points Sense of Place; Leadership; Caring Community; Exemplary Governance; and Service Excellence TOWN COUNCIL SPECIAL MEETING AGENDA March 3, 2014 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR WESTLAKE, TX 76262 COUNCIL CHAMBERS or MUNICIPAL CONFERENCE ROOM Special Session: 6:15 p.m. Page 2 of 2 Special Session 1. CALL TO ORDER 2. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 3. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of Resolution 14-08, Approving an Agreement with Alpha Fitness Solution for Fitness Equipment at Westlake Academy. b. Consider approval of Resolution 14-09, Approving an Agreement with Synetra Inc., for Communication Equipment at Westlake Academy. c. Consider approval of Resolution 14-10, Approving an Agreement with Audio Visual Innovations Inc., for Equipment at Westlake Academy. d. Consider approval of Resolution 14-11, Approving an Agreement with Business Interiors for Furniture at Westlake Academy. e. Consider approval of Resolution 14-12, Approving an Agreement with Convergint Technologies for Security Equipment at Westlake Academy. 4. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, February 26, 2014, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Town of Westlake Item # 2 – Citizen’s Presentations and recognitions CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of Resolution 14-08, Approving an Agreement with Alpha Fitness Solution for Fitness Equipment at Westlake Academy. b. Consider approval of Resolution 14-09, Approving an Agreement with Synetra Inc., for Communication Equipment at Westlake Academy. c. Consider approval of Resolution 14-10, Approving an Agreement with Audio Visual Innovations Inc., for Equipment at Westlake Academy. d. Consider approval of Resolution 14-11, Approving an Agreement with Business Interiors for Furniture at Westlake Academy. e. Consider approval of Resolution 14-12, Approving an Agreement with Convergint Technologies for Security Equipment at Westlake Academy. Town of Westlake Item # 3 – Consent Agenda Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, March 03, 2014 TOPIC: Consider a Resolution Authorizing the Town Manager to enter into an agreement with Alpha Fitness Solution to provide and install the athletic equipment for the Westlake Academy Phase I Expansion which includes the weight room located in the Field House, and authorize Town Manager to make funding changes not to exceed $25,000.00 on this project. STAFF CONTACT: Troy J. Meyer, Director of Facilities and Parks/Recreation DECISION POINTS Start Date Completion Date Timeframe: March 3, 2014 August 30, 2013 Click here to enter text. Funding: Amount - $60,000 Status- Funded Source- Bond Issuance 0T Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Financial Stewardship FS.Sustain Fiscal Health Strategic Issue Outcome Strategy Staff Action Capital Investment 3. Policy and Cost Analysis Drive by GRowth (Future Assets) SA 03.3: WA Campus Page 2 of 2 Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY The construction of Phase I of the Westlake Academy Campus Expansion project was approved by the Council in June 2013. Steele & Freeman was approved by the Council as the CM at Risk in April 2013. The estimated project budget is $10,500,000.00 which includes the hard and soft costs for the project. Estimated budget for the athletic equipment package is $60,000.00. This bid notices were posted on January 30th, followed by the bid opening on February 19th 2014. Two athletic equipment vendors attended the pre bid conference on February 12, 2014. Staff was notified by one of the vendors, in the conference, that they could not meet the specifications of the equipment list in the bid package. Staff reviewed the bids and confirmed that all items and specifications in the bid packages were met. Staff had the option to select contractors based on the total aggregate bid or awarding items or sections separately to one or more contractors based on unit pricing. In May of 2014 the Athletic Director submitted the athletic equipment budget of $60,000.00 for the project. The AD changed the brand of equipment in December 2014 to best meet the needs of the athletic program. This resulted in an increase in the cost of the equipment to $118,780.96. Alpha Fitness Solution was the only contractor who submitted a complete bid for the athletic equipment of $118,780.96. Marathon Fitness attended the pre bid conference but did not submit a bid for the project. At the time of the writing of this agenda memorandum, Staff has requested the AD inquire as to the willingness of some of our affiliates to fund this additional $58,780.96. If that commitment cannot be obtained, Staff will recommend at the Council meeting to reconfigure weight room equipment to fit the original $60,000 budget. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends Council approval of the agreement with Alpha Fitness Solution to provide and install the athletic equipment for the Field House of the Westlake Academy Phase I Expansion in the amount for $60,000.00 not exceed $118,780.96 with additional funding provide by WA affiliates and or interested parties to cover this cost increase. ATTACHMENTS Resolution Resolution 14-08 Page 1 of 3 TOWN OF WESTLAKE RESOLUTION NO. 14-08 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH ALPHA FITNESS SOLUTIONS TO PROVIDE AND INSTALL ATHLETIC EQUIPMENT FOR THE WESTLAKE ACADEMY PHASE I EXPANSION PROJECT, AND AUTHORIZE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000.00 ON THIS PROJECT. WHEREAS, the Town of Westlake is working to become a leader in premier educational facilities and programs; and, WHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and, WHEREAS, the option to select one contractor based on the total aggregate bid or awarding items or sections separately to one or more contractors based on unit pricing; and, WHEREAS, the Town Council finds that the contract from Alpha Fitness Solutions to provide and install the athletic equipment for the Field House for the Westlake Academy Phase I Expansion benefits the public and is in the best interest of the public, citizens of Westlake, Westlake Academy students and their parents; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest s of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby approve the agreement with Alpha Fitness Solutions and authorizes Town staff to purchase athletic equipment , as it relate s to the Westlake Academy Phase I Expansion construction project at the Westlake Academy Campus, attached as Exhibit “A”. SECTION 3: That the Town of Westlake Town Council hereby authorizes the Town Manager to approve change orders to this agreement up to $25,000.00 in the aggregate, on behalf of the Town of Westlake. Resolution 14-08 Page 2 of 3 SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 3rd DAY OF MARCH 2014. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer , Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 14-08 Page 3 of 3 Exhibit “A” Development Plan Amendment AGREEMENT THIS AGREEMENT is dated as of the 3`d day of March in the year 2014, by and between the Town of Westlake, Texas (hereinafter called OWNER) and Alpha Fitness Solutions hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The furnishing of all labor, shipping, materials, equipment, and incidentals for the Westlake Academy Expansion Phase I which include installing fitness equipment listed in the scope. All manufacture and warranty information must be provided in three ring notebook and CD. Article 2. CONTRACT TIME. 3.1. CONTRACTOR agrees to commence work within five (5) days after the date of written notice to commence work, and to complete the work on which he has bid within eighty (80) working days as provided in the General Conditions. Article 3. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article 5. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of one (1) year from the date of the repair and to maintain said work in good repair and condition for said term of one (1) year. CONTRACTOR binds itself to repair or replace the furnishing in whole or in part at any time within said period, if, in the opinion of the owner, it be deemed necessary 6.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ARCHITECT and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 6.4. In any and all claims against OWNER or ARCHITECT or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Article 7. Contract Documents The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consists of the following: 7.1 Notice to Bidders consisting. 7.2 Instructions to Bidders. 7.3 Proposal. 7.4 This Agreement. 7.5 Pre -bid Bond, Performance Bond, Payment and Maintenance Bonds 7.6 General Conditions. 7.7 General Requirements. 7.8 Set of Plans. There are no Contract Documents other than those listed above in this Article 7. Article 8. TERMINATION. OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. Article 9. MISCELLANEOUS. 10.1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself, its partners, successors, assignees and legal representatives to the other party hereto, its partners, successors, assignees and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed Three (3) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This agreement will be effective on the day of , 2014. oyXPI" Town of Westlake, Texas Bv: Laura Wheat, Mayor Z ATTEST: ATTEST: Kelly Edwards, TMRC, Town Secretary Address for giving notices: C QU11:7_(91ti7 3 Village Circle, Suite 202 Westlake, Texas 76262 If OWNER is a public body, attach resolution authorizing execution of Agreement. ) If CONTRACTOR is a Corporation, attach evidence of authority to sign.) Westlake Academy Expansion; 1311 .00 EQUIPMENT SPECIFICATION LIST 4. 8'1. , TAG LOCATION STYLE SPECIFICATION NUMBER I DESCIPiION Stand alone functional train T ing, 1/2 rack with dual LIST PRICE EXTENDED PRICE wrap aroundA pulleys. Pulleys adjustable vertical!} at 3" rr ter"als attachedtoindividual30OLb. steel we €gh StacksFieldHouse - eight with nylon crated al sand galvanized steel aircraft cable. (7) Gauge steel square tubingsandedandpolishedweldsandg g withE.1 Alternate Rpm ca r GS peed tube ends. Heavy duty. corner stitched vinyl upholstery. Equipment Footprint 72" Field House -Wei ht Xplead date - loaded -(4) way neck strength nriacliine. 2, `, 11 E3 f ) Gauge wall mainframe tubing, High precision, seallife; deep groove bearings and self lubricating ail r g p led.. for E.2 Room XPLOA? P3Ff l Joints, g 1 s, Low to ground loading Points. Ti r - I'tEgli re i lutran Q €t €Qnt It prrd I,de'dlust bl seats €tl, g and high grade upholstery pads. Civers €zed; r l 00paddedhandrips. i c Field House weight Xpload walk in IJead L €ft Shrug plate loaded siren th. „ xg ( Gacige wall nainfrarne ` tulip II€ h reci € g precision, s _ale. forlife: deep groove bearings and self lubr€`catiE.3 Room XPLOAD P3 ll ball a' g €nts. Low to ground loadirhg points. Tilt and ih(h €eSt3l#€ €on'ptS €t €Qr9irig and high rode upholstery gl,tle adjustable Seats withgprpads. Adjustable handles. Field HDLiS - Weight 0-90 Free Weights Adjustable l,IfiilltY Eer€ h, l I_) Gauge -steel fry rr€e bench. Marine, grade, contoured upholstery, ITEM E.4 RQOr s NOT SHOWNl CN PLAN, THIS ITEM PER OWNER REQUEST. TO E INSTALLED SEPARATELY, Field House: f3C7 -P i CONFIRt INSTALLATIO TIME FRAME WITH OWNERweight E,5 Room Free Weight F32TDR Two Tier Bar Bell Flack, (1:1) Gauge steel frame. HQ ids (10" pairs of durnbWls-. Total (NAUTILUS) Molded ourmbbell saddles. f _ TAG++ g {(ggggLi7CATlVi g''gSTYLE 7^ #^r per, ,} y gp }(ypS -c,rl l{.st Tl ViB [.V U3b #i..Fl wy ,.,. ,; :"'.,, i ESi;RiPTI# i Stand alone furict €onal train :ing, 1/ 2 rack dual Q LIST PRICE EXTENDED PRICEwithwraparoundullespy . Pulleys adjustable vertically at 3' intervals attachedItsindividual30OLb. steel weight stacks with nylon coatedFieldHouse - Weight Y galvanized steel aircraft cable. '7sandedandpolishedweldsandcappedtubeen (7) Gauge steel square tubing withpf' 1 Room r?s• Heavyy duty corner stitched v,nyl upholstery- Equipment Footprint 72" X Total (SAIVISQh) S 2,/5/2014 E,\no13JJJ.,00 Westlake Academy Exrsansion\ :,Q CD\E dt went S ecl3P iftcatrdr s lestlake Academy Equipment Specification L€st_02,08,14.xisx Page 1 of 2 Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, March 03, 2014 TOPIC: Consider a Resolution Authorizing the Town Manager to enter into an agreement with SYNETRA Inc. to provide and install the communication equipment for the Westlake Academy Phase I Expansion which includes the Multi Purpose Hall, Secondary Building and Field House, and authorize Town Manager to make funding changes not to exceed $25,000.00 on this project. STAFF CONTACT: Troy J. Meyer, Director of Facilities and Parks/Recreation DECISION POINTS Start Date Completion Date Timeframe: March 3, 2014 August 30, 2014 Funding: Amount - $115,238 Status- Funded Source- Bond Issuance Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Financial Stewardship FS.Sustain Fiscal Health Strategic Issue Outcome Strategy Staff Action Capital Investment 3. Policy and Cost Analysis Drive by GRowth (Future Assets) SA 03.3: WA Campus Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY The construction of Phase I of the Westlake Academy Campus Expansion Project was approved by the Council in June 2013. Steele & Freeman was approved by the Council as the CM at Risk in April 2013. The estimated project budget is $10,500,000.00 which includes the hard and soft costs for the project. Total estimated budget for the IT/Security/Audio Video package is $330,476.00. Total bid package come in at $454,204.00. IT $115,238.00 Audio video $115,238.00 Security $100.000.00 The bid notices were posted on February 1, 2014 followed by the bid opening on February 24, 2014. Town Staff reviewed the bids and have confirmed that all items and specifications in the bid package meet current communication/IT equipment requirements. Staff had the option to select contractors based on the total aggregate bid or awarding items or sections separately to one or more contractors based on unit pricing. SYNETRA Inc. was the only contractor who bid on section two communications of the low voltage wiring, security systems, data/phone, server equipment and audiovisual equipment low bid package. There were two other communication contractors who attended the pre bid conference on February 13, 2014. After review of the bids, staff is recommending the bid be awarded to SYNETRA Inc. in the amount of $188,300.00. This package was over budget by $73,062.00; however, staff will work with the contractor to reduce this amount to align with budget estimate and recommend use of the current own betterment to cover the increase in the communication/IT budget. Current balance own betterment $111,490.00 AV Package $28.912.00 Communication Package plus $73,063.00 Security $21,754.00 Owens Betterment Balance ($12,238.00) ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends Council approval of the agreement with Synetra Inc. to provide and install the communication equipment for the Westlake Academy Phase I Expansion and use $73,062.00 of the own betterment line item to cover the increase in the communication/IT package. ATTACHMENTS Resolution Resolution 14-09 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 14-09 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH SYNETRA INC. TO PROVIDE AND INSTALL THE COMMUNICATION EQUIPMENT FOR THE WESTLAKE ACADEMY PHASE I EXPANSION PROJECT, AND AUTHORIZE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000.00 ON THIS PROJECT. WHEREAS, the Town of Westlake is working to become a leader in premier educational facilities and programs; and, WHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and, WHEREAS, the option to select one contractor based on the total aggregate bid or awarding items or sections separately to one or more contractors based on unit pricing; and, WHEREAS, the Town Council finds that the contract from Synetra Inc. to provide and install the communication equipment for the Westlake Academy Phase I Expansion benefits the public and is in the best interest of the public, citizens of Westlake, Westlake Academy students and their parents; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest s of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby approve the agreement with Synetra Inc. and authorizes Town staff to purchase communication equipment, as it relates to the Westlake Academy Phase I Expansion construction project at the Westlake Academy Campus, attached as Exhibit “A”. SECTION 3: That the Town of Westlake Town Council hereby authorizes the Town Manager to approve change orders to this agreement up to $25,000.00 in the aggregate, on behalf of the Town of Westlake. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 14-09 Page 2 of 2 SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 3rd DAY OF MARCH 2014. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer , Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney AGREEMENT THIS AGREEMENT is dated as of the 3rd day of March in the year 2014, by and between the Town of Westlake, Texas (hereinafter called OWNER) and Synetra, Inc. hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The furnishing of all labor, shipping, materials, equipment, and incidentals for the Westlake Academy Expansion Phase I which include installing of all communication equipment listed in the scope. All manufacture and warranty information must be provided in three ring notebook and CD. to 3.1. CONTRACTOR agrees to commence work within five (5) days after the date of written notice to commence work, and to complete the work on which he has bid within eighty (80) working days as provided in the General Conditions. 4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of one (1) year from the date of the repair and to maintain said work in good repair and condition for said term of one (1) year. CONTRACTOR binds itself to repair or replace the furnishing in whole or in part at any time within said period, if, in the opinion of the owner, it be deemed necessary 6.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ARCHITECT and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 6.4. In any and all claims against OWNER or ARCHITECT or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Tim• [ VX* T1TrFMI • t The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consists of the following: 7.1 Notice to Bidders consisting. 7.2 Instructions to Bidders. 7.3 Proposal. 7.4 This Agreement. 7.5 Pre -bid Bond, Performance Bond, Payment and Maintenance Bonds 7.6 General Conditions. 7.7 General Requirements. 7.8 Set of Plans. There are no Contract Documents other than those listed above in this Article 7. Article 8. TERMINATION. OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. Article 9. MISCELLANEOUS. 10.1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself, its partners, successors, assignees and legal representatives to the other party hereto, its partners, successors, assignees and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed Three (3) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This agreement will be effective on the day of , 2014. C Town of Westlake, Texas By: Laura Wheat, Mayor ATTEST: ATTEST: Kelly Edwards, TMRC, Town Secretary Address for giving notices: 3 Village Circle, Suite 202 Westlake, Texas 76262 If OWNER is a public body, attach resolution authorizing execution of Agreement. ) If CONTRACTOR is a Corporation, attach evidence of authority to sign.) M'skm Dat :February 21, 2014 2 Horizontal Wire Managers 62.93 125.86 2 Vertical Wire Managers 369.53 739.06 8 Station Drops 185.80 1,486.40 FH -1 1 Ceiling Drop 190.00 190.00 1 Wall Mount Rack 279.94 279.94 1 48 Port Patch Panel 124.90 124.90 1 Fiber 1,853.40 1,853.40 2 Horizontal Wire Managers 62.93 125.86 8 8 1 1 3 1 Cisco 7945 Phones CUCME Phone Licenses - Enhanced 271.95 38.85 2,175.60 310.80 48 port Cisco PoE gigabit switch Cisco Smartnet Aerohive AP390 with support and power Aerohive AP170 w/ supoort and power 3660.22 344.52 1418 1718 3,660.22 344.52 4,254.00 1,718.00 Additonal Phone Licenses PA System Network Gear 8 2 1 57 57 1 22 Unity Express License - 5 Mailbox - CUCM and CUCME Communication Manager Express or SRST- 25 seat license Enhanced ntwk station port one -way IP Sin Ceiling Spkr metal brge bb fr v1420 1 way Ip glexhorn vandal res (white) Wireless Access Point 55.50 360.75 398.96 330.00 43.15 425.37 215.45 444.00 721.50 398.96 18,810.00 2,459.55 425.37 4,739.90 9 Switch Installation 185.80 1,672.20 Patch Cables 1 3' 7.37 7.37 1 5' 8.57 8.57 1 7' 9.77 9.77 1 9' 10.98 10.98 1 15' 14.56 14.56 1 20' 17.60 17.60 1 4 25' Equipment shelf 20.56 72.46 20.56 289.84 4 CPU Shelf 98.46 393.84 4 Keyboard and Monitor Shelf 214.80 859.20 4 Vented Equipment Shelf 72.46 289.84 Grounding Project Mgmt 1 1 400.00 1,800.00 400.00 1,800.00 Consumables 1 2,000.00 2,000.00 Documentation /CADD Subtotal 1 $ 345.00 345.00 130,070.76 Installation cost 46,230.00 Total Cost 176,300.76 Location & Item # MH -1 Quantities 6 Description of Items Station Drops Unit Price 185.80 Extended Price 1,114.80 1 Ceiling Drop 190.00 190.00 1 Wall mount rack 279.94 279.94 1 48 Port Patch Panel 124.90 12790 2 Horizontal Wire Managers 62.93 125.86 1 Fiber 3,090.00 3,090.00 SS -1 5 5 2 2 2 1 16 Cisco 7945 Phones CUCME Phone License- Enhanced Cisco 24 Port PoE Switch Cisco Smartnet AP390 AP 370 Station Drops 271.95 38.85 1773.23 167.04 1418 1418 185.80 1,359.75 194.25 3,546.46 334.08 2,836.00 1,418.00 2,972.80 25 Cisco 7945 Phones 271.95 6,798.75 25 CUCME Phone Licenses - Enhanced 38.85 971.25 6 48 Port Cisco PoE Switches 3,660.23 21,961.38 6 Cisco Smartnet 344.52 2,067.12 15 Aerohive AP 370 1418 21,270.00 4 Ceiling Drops 190.00 760.00 1 Wall mount rack 279.94 279.94 1 48 Port Patch Panel 124.90 124.90 2 Horizontal Wire Managers 62.93 125.86 1 Fiber 463.50 463.50 10 Station Drops 185.80 1,858.00 SS -2 4 Ceiling Drop 190.00 760.00 1 48 Port Patch Panel 124.90 124.90 1 Horizontal Wire Manager 62.93 62.93 4 Station Drops 185.80 743.20 SS -3 1 Ceiling Drop 190.00 190.00 1 Floor Mount Rack 270.12 270.12 1 48 Port Patch Panel 124.90 124.90 Town of WestlakeosyNsmrFeAUCDeploymentProjec) Security - Communcations Networking SERVICES OUT OF SCOPE: All services asked of or required of Synetra that are out of this scope of work will be agreed upon and billed at the standard rate. Services out of scope include but are not limited to the following regardless of being applicable: Softphone Function with Jabber Presence and IM Webex Toll- Bypass or Tail-End Hop Off Mobility The timely completion of the agreement will depend on the availability of necessary personnel from client and their commitment to this effort. Any delays caused by client or other party, may result in a change in project scheduling, staffing andlor pricing. For purposes of this SOW, holidays shall be defined as those observed by Synetra. Travel Costs: Customer will be charged for reasonable out-of-pocket travel and living expenses. Upon request, Synetra will provide receipts for individual fine item expenses valued at $25.00 or greater. The project cost provided represents Synetra's best pricing, given the information that has been provided, Synetra's interpretation of this information, and Synetra's experience with similar projects. Synetra reserves the tight to adjust the project cost based on unforeseen issues or client requested functional changes via a change order. Changes to project deliverables will be communicated, discussed, and agreed upon prior to being implemented. V - r., Page 4 of 7 Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, March 03, 2014 TOPIC: Consider a Resolution Authorizing the Town Manager to enter into an agreement with Audio Visual Innovation Inc. to provide and install the audio visual equipment for the Westlake Academy Phase I Expansion which includes the Multi Purpose Hall, Secondary Building and Field House, and authorize Town Manager to make funding changes not to exceed $25,000.00 on this project. STAFF CONTACT: Troy J. Meyer, Director of Facilities and Parks/Recreation DECISION POINTS Start Date Completion Date Timeframe: March 3, 2014 August 30, 2014 Funding: Amount - $115,238 Status- Funded Source- Bond Issuance Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Financial Stewardship FS.Sustain Fiscal Health Strategic Issue Outcome Strategy Staff Action Capital Investment 3. Policy and Cost Analysis Drive by GRowth (Future Assets) SA 03.3: WA Campus Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY The construction of Phase I of the Westlake Academy Campus Expansion Project was approved by the Council in June 2013. Steele & Freeman was approved by the Council as the CM at Risk in April 2013. The estimated project budget is $10,500,000.00, which includes the hard and soft cost s for the project. Total e stimated budget for the IT/Security/Audio Visual package is $330,476.00. Total bid package come in at $454,204.00. IT $115,237.00 Audio video $115,237.00 Security $100.000.00 The bid notices were posted on February 1, 2014 followed by the bid opening on February 24, 2014. Town Staff reviewed the bids and have confirmed that all items and specifications in the bid package meet current audio systems and equipment requirements. Staff had the option to select contractors based on the total aggregate bid or awarding items or sections separately to one or more contractors based on unit pricing. Audio Visual Innovation Inc. and Digital Resources, Inc., submitted the following bids for the low voltage wiring, security s ystems, data/phone, server equipment and audio visual equipment package. • Digital Recourses, Inc. $179,873.00 • Audio Visual Innovation Inc $144,149.74 After review of the bids, staff is recommending the bid be awarded to Audio Visual Innovation Inc. in the amount of $144,149.74. This package was over budget by $28,912.00; however, staff will work with the contractor to reduce this amount to align with budget estimate and recommend use of the current own betterment to cover the increase in the communication/IT budget. Current balance own betterment $111,490.00 AV Package $28.912.00 Communication Package plus $73,063.00 Security $21,754.00 Owens Betterment Balance ($12,238.00) ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends Council approval of the agreement with Audio Visual Innovation Inc. to provide and install the audio visual equipment for the West lake Academy Phase I Expansion and use $28,912.00 of the own betterment line item to cover the increase in the audio visual package. ATTACHMENTS Resolution Resolution 14-10 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 14-10 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH AUDIO VISUAL INNOVATIONS INC. TO PROVIDE AND INSTALL THE AUDIOVISUAL EQUIPMENT FOR THE WESTLAKE ACADEMY PHASE I EXPANSION PROJECT, AND AUTHORIZE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000.00 ON THIS PROJECT. WHEREAS, the Town of Westlake is working to become a leader in premier educational facilities and programs; and, WHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and, WHEREAS, the option to select one contractor based on the total aggregate bid or awarding items or sections separately to one or more contractors based on unit pricing; and, WHEREAS, the Town Council finds that the contract from Audio Visual Innovation Inc. to provide and install the audio visual equipment for the Westlake Academy Phase I Expansion benefits the public and is in the best interest of the public, citizens of Westlake, Westlake Academy students and their parents; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest s of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby approve the agreement with Audio Visual Innovation Inc. and authorizes Town staff to purchase audio visual equipment, as it relates to the Westlake Academy Phase I Expansion construction project at the Westlake Academy Campus, attached as Exhibit “A”,. SECTION 3: That the Town of Westlake Town Council hereby authorizes the Town Manager to approve change orders to this agreement up to $25,000.00 in the aggregate, on behalf of the Town of Westlake. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the Resolution 14-10 Page 2 of 2 remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 3rd DAY OF MARCH 2014. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer , Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney A ' ffffdT THIS AGREEMENT is dated as of the 3rd day of March in the year 2014, by and between the Town of Westlake, Texas (hereinafter called OWNER) and Audio Visual Innovations Inc. hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The furnishing of all labor, shipping, materials, equipment, and incidentals for the Westlake Academy Expansion Phase I which include installing of all audio visual equipment listed in the scope. All manufacture and warranty information must be provided in three ring notebook and CD. Article 2. CONTRACT TIME. 3.1. CONTRACTOR agrees to commence work within five (5) days after the date of written notice to commence work, and to complete the work on which he has bid within eighty (80) working days as provided in the General Conditions. Article 3. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article 5. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of one (1) year from the date of the repair and to maintain said work in good repair and condition for said term of one (1) year. CONTRACTOR binds itself to repair or replace the furnishing in whole or in part at any time within said period, if, in the opinion of the owner, it be deemed necessary 6.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ARCHITECT and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 6.4. In any and all claims against OWNER or ARCHITECT or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consists of the following: 7.1 Notice to Bidders consisting. 7.2 Instructions to Bidders. 7.3 Proposal. 7.4 This Agreement. 7.5 Pre -bid Bond, Performance Bond, Payment and Maintenance Bonds 7.6 General Conditions. 7.7 General Requirements 7.8 Set of Plans. There are no Contract Documents other than those listed above in this Article 7 Article 8. TERMINATION. OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. 10.1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself, its partners, successors, assignees and legal representatives to the other party hereto, its partners, successors, assignees and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed Three (3) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This agreement will be effective on the day of 12014. 1* 1 Tli PU Town of Westlake, Texas By: Laura Wheat, Mayor go ATTEST: ATTEST: Kelly Edwards, TMRC, Town Secretary Address for giving notices: Tgyrg 3 Village Circle, Suite 202 Westlake, Texas 76262 if OWNER is a public body, attach resolution authorizing execution of Agreement. ) If CONTRACTOR is a Corporation, attach evidence of authority to sign.) Audio Visual Innovations, Inc. - A wholly owned subsidiary of AVI -SPL, Inc. 13859 Diplomat Dr, Suite180 Dallas, TX 75234 972) 243 -4422 Fax (972) 243 -5450 www.avlsp .com rep el 8y Town of Westlake, TX 2600 J T Ottinger Road Westlake, TX Troy J. Meyer Brady Jolet ! Date raced ` February 19 [bbbrpallet V 1tci 4J€1„ • Page 1 of 2 W&M 1 WXGA DLP Network Short Throw Projector, 3000 lumens, 15000:1 contrast ratio, 1280x800, throw ratio 0.5, 3D ready, LAN control, integrated 4 13 Viewsonic PJD6683WS speaker, dual VGA inputs, VGA out, HDMI, 5000 791.21 10,285.73 hours lamp life (ECO mode), DynamicECO, Crestron RoomView Express, AMX certified, 6.6 lbs net. 5 13 Viewsonic WMK 027 Short Throw Wall Mount 312.73 4,065.49 6 13 FSR CB 42 Ceiling box for equipment 267.86 3,482.18 7 13 Apple Apple TV OWNER FURNISHED media streamer 0.00 0.00 10 13 BrightSign XD23 0 rkedNetwo Player with Dual, Full HD Decode 321 43 4,178.59 15 13 Comprehensive WP- 1520- E -P -AC Wall plate with VGA + 3.5mm audio 22.55 29315 17 12 Kramer VS -211H SWITCHER, 2 X 1 AUTOMATIC HDMI 160.16 1,921.92 STANDBY 6'0'--844-0--3 _. MPA 152 Plus, audio amplifier 203.30 2_,439.60 12 Extron 42- 133 -02 SpeedMount Compact Full -Range Surface Mount 153.85 1,846.20 Speakers -PAIR 28 12 Extron 60- 818 -03 MLC 104 IP Plus, MediaLink® Controller with 598.90 7,186.80 Ethernet Control 31 12 Etxron 60- 545 -03 IPA T RLY 4, IP Link® Accessory with Four 87,91 1,054.92 Relays 46" narrow -bezel commercial LED display with Full HD 1920x1080, 350 -nit brightness, wide viewing angle,4000:1 contrast ratio, Media player 36 4 Viewsonic CDE4600 -L with scheduling funciton, USB, wireless and LAN 990.86 3,963.44 content loading, HDMI, DVI, Composite, Component, VGA, RS232 and RJ45 connectivity, RS232 input and out, IR pass- through. 38 4 Chief TS318TU MEDIUM SWING ARMS, DUAL STUD 226.12 904.48 39 4 Chief 0AC516 -W FLAT PANEL PRE -WIRE IN -WALL BOX 4122 172.88 41 4 Apple Apple TV Media streamer - 0WNER FURNISHED 0.00 0.00. _. 4311 11 4 BrightSign XD230 Networked Player with Dual, Full HD Decode 321.43 1,285.72 46" narrow -bezel commercial LED display with Full HD 1920x1080, 350 -nit brightness, wide viewing angle,4000:1 contrast ratio, Media player 51 3 Viewsonic CDE4600 -L with scheduling funciton, USB, wireless and LAN 990.86 2,972.58 content loading, HDMI, DVI, Composite, Component, VGA, RS232 and RJ45 connectivity, RS232 input and out, IR pass- through. 53 3 Chief TS318TU MEDIUM SWING ARMS, _. DUAL STUDD 226.12 678.36^ 54 3 Chief PAC516 -W LFLATPANE PRE WIRE IN -WALL BOX 11 43.22 129.66 57 3 BrightSign XD230 Networked Player with Dual, Full HD Decode 321.43 964.29 61 1 Extron 60- 818 -03 MLC 104 IP Plus, MediaLink® Controller with 598.90 598.90EthernetControl 1 Comprehensive WP- 1520- E -P -AC Wall plate with VGA + 3.5mm audio 22.55 22.55 s 1 Bright Sign XD230 Networked Player with Dual, Full HD Decode 3-2-1-.4-- 3 321-43 64 1 Apple Apple TV OWNER FURNISHED media streamer 0,00 0.00 Page 1 of 2 Audio Visual Innovations, Inc. - A wholly owned subsidiary of AVI -SPL, Inc. 13859 Diplomat Dr, Suite180 Dallas, TX 75234 4 , (972) 243 -4422 Fax (972) 243 -5450 Town of Westlake, TX 2600 J T Ottinger Road Westlake, TX Troy J. Meyer repaedy . = . : )lett Rate r0p are" d 'February 10, 2014 peX i uf er Valli It' ' • ' Installation Labor And Svstem V As This entire document and all information enclosed including drawings, specifications and designs is the property of AVI -SPL. Proprietary information provided to our client or his agents is for the sole purpose of demonstrating AVI -SPL's capabilities and shall be held in confidence. These materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI -SPL Page 2 of 2 Audio Visual Innovations, Inc. 'A wholly owned subsidiary ofAVI-SPL.Inc. 13850 Diplomat Dr, Suko180 Dallas, TX75234 S-5 ' *i__ 11 - S _ (Q72)243-4422 Fax(072)243-5450AN vvvvvv^" ou "UU. 2OOOJTUttingerRoad Westlake, TX Troy J. Meyer par 46" narrow-bezel commercial LED display with Full HD 1920x1080, 350-nit brightness, wide viewing angle,4000:1 contrast ratio, Media player 9 1 Viewsonic CDE4600-L with scheduling funciton, USB, wireless and LAN 990.86 990.86 content loading, HDMI, DVI, Composite, Component, VGA, RS232 and RJ45 connectivity, RS232 input and out, IR pass-through. io 1 C_ o I mp I r I e6 ensive Hb_HD-6FSt Highsp'e ed kmif Cable- with Ether-net-6ft 8--,.2-4- 8,.2-4- 1 brightSign XD230 Networked Player with Dual, Full HD Decode 321.43 321.43 46" narrow-bezel commercial LED display with Full HD 1920x1080, 350-nit brightness, wide viewing angle,4000:1 contrast ratio, Media player 16 2 Viewsonic CDE4600-L with scheduling funciton, USB, wireless and LAN 990.86 1,981.72 content loading, HDMI, DVI, Composite, Component, VGA, RS232 and RJ45 connectivity, RS232 input and out, IR pass-through. 1 - 7 Brig,htSign XD230, N-etworked Player with Dual, Full- HD Decode 3-21,.43 642.8-6 18 2 Chief TS31UU MEbiLiM SWING'AkM§'b6AL stub 2'2'6. 1-2, 20 2 Comprehensive HD-HD-6EST High Speed HDMI Cable with Ethernet 6ft 8.24 16.48 23 1 Viewsonic Pro852OHD Full HD 1080p DLP Installation Projector, 5000 1,961.54 1,961.54lumens, 8000:1 DCR, 1920X1080 TENSIONED LARGE ADVANTAGE@ 27 1 DaLite 21820L ELECTROL@ - HDTV FORMAT, 108 x 192", HD 6,825.27 6,825.27 Pro 1.1 surface I Apple A p e TV Media streamer, OWNER FURNISHED 0.00 moo 31 1 Pioneer BDP-52FD BluRay player 328.57 33 1 Whirlwind Custom 12x12" wall plate with connectors as specified 268.13 268.13 42 1 Biamp AudiaEXPI AudiaEXPI 2 mic/line analog inputs, 2 line 548.35 548.35outputstoCobraNet(5 output, PoE Dual Channel Mixed System,lncludes ULX2/SM87A handheld transmitter, ULX1 47 1 Shure ULXP124/87-G3 bodypack transmitter, 2 ULXP4 professional 1,396.48 1,396.48 diversity receivers, four Y2 wave antennas, 2 power supplies, 2 batteries, dual rack mount kit 48 1 Shure WL183 WL183 Ornnidirectional lavalier microphone (for 8665 86.65bodypaktransmitters) Page 1 of 2 Audio Visual Innovations, Inc. - A wholly owned subsidiary of AVI -SPL, Inc. 13859 Diplomat Dr, Suite180 S , Dallas, TX 75234AV14421-1-W (972) 243 -4422 Fax (972) 243 -5450 www.avlsp .com Town of Westlake, T 2600 J T Ottinger Road Westlake, TX Troy J. Meyer remedy Brady li Il n ate Prpred i 4 P t pasai f iu ibertl 197555 it€3ft'i.1°Y10 , s m s - aCtc! r #ti.. • • Equipment Total 30,489.65 Installation Materials 1,510.49 Labor And System Warranties 19,785.40 Direct Costs 823.53 General & Administrative 1,090.09 51 9 JBL Control 65P /T g- SPEAKER, COMPACT FULL -RANGE 139.45 1,255.05 PENDANT W/ 5 -14 (ceiling speakers) INDOOR /OUTDOOR THREE -WAY MONITOR 52 2 JBL Control 30 LOUDSPEAKER, includes 70V transformer and 509.05 1,018.10 InvisiBall mounting base, 42 Ibs 58 1 Extron 60- 1313 -01 MPS 602, Media Presentation Switcher with 1,093.41 1,093.41 DTP Extension 62 1 Extron 60- 1104 -02 TLP 1000TV, 10" Tabletop TouchLink 2,192.31 2,192.31 Touch panel 63 1 Extron 60- 1026 -81 IPL 250, IP Link Control Processor 653.85 653.85 68 1 Middle Atlantic MRK -4431 44 SPACE 31" DEEP GANGABLE W /REAR 663.12 663.12 DOOR (BLACK FINISH) 69 1 Middle Atlantic SPN -44 -312 Side panels. Pair 380.74 380.74 71 1 Middle Atlantic CBS- MRK -31 Caster-base' aster base 105.52 105.52 i3 1 Various Various Misc rack hardware, power distribution 439.56 439.56 1 Cable pull labor 0.00 0.00 79 1 Comprehensive HD- HD- 50PROP 11 Pro AV /IT Series High Speed HDMI 24 AWG with 164.84 164.84 ProGrip, Surel-ength, CL2P Cable 50ft 80 2 Comprehensive HD- HD- 35PROP Pro AV/IT Series High Speed HDMI 24 AWG with 118.13 236.26 ProGripp,SureLen$th, CL2P Cable 35ft 81 2 Com rehensive HD HD -6EST Hi 2h Speed HDMI Cable with Ethernet 6ft 8.24 16.48 Equipment Total 30,489.65 Installation Materials 1,510.49 Labor And System Warranties 19,785.40 Direct Costs 823.53 General & Administrative 1,090.09 Subtotal 53,699.16 Tax As A licable g- y This entire document and all information enclosed including drawings, specifications and designs is the property of AV[-SPL. Proprietary information provided to our client or his agents is for the sole purpose of demonstrating AVI -SPL's capabilities and shall be held in confidence. These materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI -SPL Page 2 of 2 Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, March 03, 2014 TOPIC: Consider a Resolution Authorizing the Town Manager to enter into an agreement with Business Interiors to provide and install the office and classroom furniture for the Westlake Academy P hase I Expansion which includes the Multi Purpose Hall, Secondary Building and Field House, and authorize T own Manager to make funding changes not to exceed $25,000.00 on this project. STAFF CONTACT: Troy J. Meyer, Director of Facilities and Parks/Recreation DECISION POINTS Start Date Completion Date Timeframe: March 3, 2014 August 30, 2014 Click here to enter text. Funding: Amount - $374,209 Status- Funded Source- Bond Issuance 0T Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Financial Stewardship FS.Sustain Fiscal Health Strategic Issue Outcome Strategy Staff Action Capital Investment 3. Policy and Cost Analysis Drive by GRowth (Future Assets) SA 03.3: WA Campus Page 2 of 2 Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY The construction of Phase I of the Westlake Academy Campus Expansion Project was approved by the Council in June 2013. Steele & Freeman was approved by the Council as the CM at Risk in April 2013. The estimated project budget is $10,500,000.00 which includes the hard and soft cost s for the project. Estimated budget for the furniture package is $374,209.00. The bid notices were posted on January 30th followed by the bid opening on February 19th 2014. Town Staff and Bennett, Benner & Partners reviewed the bids and have confirmed that all items and specifications in the bid package were met. The package was divided into 11 sections based on the furniture type and manufacturer. Staff had the option to select contractors based on the total aggregate bid or awarding items or sections separately to one or more contractors based on unit pricing. Business Interiors was the only contractor who bid on all 11 sections. The following four bids were opened on February 19, 2014: Business Interiors $313,462.70 Royer & Schutts $181,183.58 Lone Star $99,085.51 * South Texas School Furniture $ 69,792.55 *(did not attend the pre bid conference) After review of the bids, staff is recommending the bid be awarded to Business Interiors in the amount of $310,400.70. This includes a $3,062.00 saving for awarding all 11 sections to Business Interiors. This package did not include the following miscellaneous items: interior items such as art work for office areas, clocks, trash cans and AEDS which are estimated at $63,538.00. The furniture bid and miscellaneous items total comes to $374,209, which is in the estimated FF & E budget by $676.209. This budget includes the following: IT, security, audio video, kitchen and athletic equipment. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends Council approval of the agreement with Business Interiors to provide and install the office and classroom furniture for the Westlake Academy Phase I Expansion. ATTACHMENTS Resolution Resolution 14-11 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 14-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH BUSINESS INTERIORS TO PROVIDE AND INSTALL THE OFFICE AND CLASSROOM FURNITURE FOR THE WESTLAKE ACADEMY PHASE I EXPANSION PROJECT, AND AUTHORIZE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000.00 ON THIS PROJECT. WHEREAS, the Town of Westlake is working to become a leader in premier educational facilities and programs; and, WHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and, WHEREAS, the option to select one contractor based on the total aggregate bid or awarding items or sections separately to one or more contractors based on unit pricing; and, WHEREAS, the Town Council finds that the contract from Business Interiors to provide and install the offices and classroom furniture for the Westlake Academy Phase I Expansion benefits the public and is in the best interest of the public, citizens of Westlake, Westlake Academy students and their parents; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest s of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby approve the agreement with Business Interiors and authorizes Town staff to purchase the office and classroom furniture, as it relates to the Westlake Academy Phase I Expansion construction project at the Westlake Academy Campus, attached as Exhibit “A”,. SECTION 3: That the Town of Westlake Town Council hereby authorizes the Town Manager approve change orders to this agreement up to $25,000.00 in the aggregate, on behalf of the Town of Westlake. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the Resolution 14-11 Page 2 of 2 remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 3rd DAY OF MARCH 2014. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer , Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney AGREEMENT THIS AGREEMENT is dated as of the 3`d day of March in the year 2014, by and between the Town of Westlake, Texas (hereinafter called OWNER) and Business Interiors hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The furnishing of all labor, shipping, materials, equipment, and incidentals for the Westlake Academy Expansion Phase I which include installing of all office furnishings for breakout space, conference room, workrooms, weight room, dining area, kitchen and classrooms listed in the scope. All manufacture and warranty information must be provided in three ring notebook and CD. Article 2. CONTRACT TIME. 3.1. CONTRACTOR agrees to commence work within five (5) days after the date of written notice to commence work, and to complete the work on which he has bid within eighty (80) working days as provided in the General Conditions. Article 3. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article 5. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of one (1) year from the date of the repair and to maintain said work in good repair and condition for said term of one (1) year. CONTRACTOR binds itself to repair or replace the furnishing in whole or in part at any time within said period, if, in the opinion of the owner, it be deemed necessary. 6.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ARCHITECT and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 6.4. In any and all claims against OWNER or ARCHITECT or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Article 7. Contract Documents The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consists of the following: 7.1 Notice to Bidders consisting. 7.2 Instructions to Bidders. 73 Proposal. 7.4 This Agreement. 7.5 Pre -bid Bond, Performance Bond, Payment and Maintenance Bonds 7.6 General Conditions. 7.7 General Requirements. 7.8 Set of Plans. There are no Contract Documents other than those listed above in this Article 7 UT10415-1.1111A V "r111JIM "s OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. r 10.1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself, its partners, successors, assignees and legal representatives to the other party hereto, its partners, successors, assignees and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed Three (3) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This agreement will be effective on the day of , 2014. 191Ti111IIA7i Town of Westlake, Texas Bv: Laura Wheat, Mayor go ATTEST: ATTEST: Kelly Edwards, TMRC, Town Secretary Address for giving notices: 3 Village Circle, Suite 202 Westlake, Texas 76262 if OWNER is a public body, attach resolution authorizing execution of Agreement. ) If CONTRACTOR is a Corporation, attach evidence of authority to sign.) WESTLAKE ACADEMY New Secondary School Building, Multipurpose Hall, Field House Bid Proposal - Summary BIDDER NAME: Business Interiors DATE: 2/19/14 Note: If awarded bid in entirety, Business Interiors will extend a savings of $3,062.00 for a bid total of $310,400.70 Westlake Academy 13111.00 BEMETT- BEWEP - PE171T ARCHITECTS + PLANNERS Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, March 03, 2014 TOPIC: Consider a Resolution Authorizing the Town Manager to enter into an agreement with Convergint Technologies to provide and install the security systems and equipment for the Westlake Academy Phase I E xpansion which includes the Multi Purpose Hall, Sec ondary Building and Field House, and authorize T own Manager to make funding changes not to exceed $25,000.00 on this project. STAFF CONTACT: Troy J. Meyer, Director of Facilities and Parks/Recreation DECISION POINTS Start Date Completion Date Timeframe: March 3, 2014 August 30, 2014 Click here to enter text. Funding: Amount - $100,000 Status- Funded Source- Bond Issuance 0T Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Financial Stewardship FS.Sustain Fiscal Health Strategic Issue Outcome Strategy Staff Action Capital Investment 3. Policy and Cost Analysis Drive by GRowth (Future Assets) SA 03.3: WA Campus Page 2 of 2 Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY The construction of Phase I of the Westlake Academy Campus Expansion Project was approved by the Council in June 2013. Steele & Freeman was approved by the Council as the CM at Risk in April 2013. The estimated project budget is $10,500,000.00 which includes the hard and soft cost s for the project. Estimated budget for the IT/Security/Audio Video package is $330,476.00. The bid notices were posted on February 1, 2014 followed by the bid opening on February 24, 2014. Town Staff reviewed the bids and have confirmed that all items and specifications in the bid package meet current security systems and equipment requirements. Staff had the option to select contractors based on the total aggregate bid or awarding items or sections separately to one or more contractors based on unit pricing. Convergint was the only contractor who bid on section one security systems of the low voltage wiring, security systems, data/phone, server equipment and audiovisual equipment low bid package. There were two other security contractors who attended the pr e bid conference on February 13 2014. After review of the bids, staff is recommending the bid be awarded to Convergint Technologies in the amount of $121,752.12. This package was over budget by $21,754.00; however, staff will work with the contractor to reduce this amount to align with budget estimate and recommend use of the current own betterment to cover the increase in the security systems and equipment budget. Current balance own betterment $111,490.00 AV Package $28.912.00 Communication Package plus $73,063.00 Security $21,754.00 Owens Betterment Balance ($12,238.00) ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends Council approval of the agreement with Convergint Technologies to provide and install the security system and equipment for the Westlake Academy Phase I Expansion and recommend using the $21,754.00 of the own betterment line item to cover the increase in the security systems and equipment package. ATTACHMENTS Resolution Resolution 14-12 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 14-12 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH CONVERGINT TECHOLOGIES TO PROVIDE AND INSTALL THE SECURITY SYSTEMS AND EQUIPMENT FOR THE WESTLAKE ACADEMY PHASE I EXPANSION PROJECT, AND AUTHORIZE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000.00 ON THIS PROJECT. WHEREAS, the Town of Westlake is working to become a leader in premier educational facilities and programs; and, WHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and, WHEREAS, the option to select one contractor based on the total aggregate bid or awarding items or sections separately to one or more contractors based on unit pricing; and, WHEREAS, the Town Council finds that the contract from Convergint Technologies to provide and install the security systems and equipment for the Westlake Academy Phase I Expansion benefits the public and is in the best interest of the public, citizens of Westlake, Westlake Academy students and their parents; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest s of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby approve the agreement with Convergint Technologies and authorizes Town staff to purchase security systems and equipment , as it relates to the Westlake Academy Phase I Expansion construction project at the Westlake Academy Campus, attached as Exhibit “A”,. SECTION 3: That the Town of Westlake Town Council hereby authorizes the Town Manager to approve change orders to this agreement up to $25,000.00 in the aggregate, on behalf of the Town of Westlake. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the Resolution 14-12 Page 2 of 2 remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 3rd DAY OF MARCH 2014. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer , Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney AGREEMENT THIS AGREEMENT is dated as of the 3rd day of March in the year 2014, by and between the Town of Westlake, Texas (hereinafter called OWNER) and Convergint Technologies hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The furnishing of all labor, shipping, materials, equipment, and incidentals for the Westlake Academy Expansion Phase I which include installing of all security systems listed in the scope. All manufacture and warranty information must be provided in three ring notebook and CD. Article 2. CONTRACT TIME. 3.1. CONTRACTOR agrees to commence work within five (5) days after the date of written notice to commence work, and to complete the work on which he has bid within eighty (80) working days as provided in the General Conditions. Article 3. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article 5. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of one (1) year from the date of the repair and to maintain said work in good repair and condition for said term of one (1) year. CONTRACTOR binds itself to repair or replace the furnishing in whole or in part at any time within said period, if, in the opinion of the owner, it be deemed necessary 6.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ARCHITECT and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 6.4. In any and all claims against OWNER or ARCHITECT or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consists of the following: 7.1 Notice to Bidders consisting. 7.2 Instructions to Bidders. 7.3 Proposal. 7.4 This Agreement. 7.5 Pre -bid Bond, Performance Bond, Payment and Maintenance Bonds 7.6 General Conditions. 7.7 General Requirements. 7.8 Set of Plans. There are no Contract Documents other than those listed above in this Article 7. Article 8. TERMINATION. OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. Article 9. MISCELLANEOUS. 10. 1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself, its partners, successors, assignees and legal representatives to the other party hereto, its partners, successors, assignees and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed Three (3) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This agreement will be effective on the day of 2014 OWNER: CONTRACTOR: Town of Westlake, Texas By: By: Laura Wheat, Mayor ATTEST: ATTEST: Kelly Edwards, TMRC, Town Secretary Address for giving notices: 3 Village Circle, Suite 202 Westlake, Texas 76262 If OWNER is a public body, attach resolution authorizing execution of Agreement. ) if CONTRACTOR is a Corporation, attach evidence of authority to sign.) GAO% 04 Date: February 24, 2014 Quotation: 2014330732 To: Westlake Academy Project: Westlake Academy Access Control /CCTV 3 village circle Suite #202 Westlake, TX 76262 FOB Shipping Point Attn: Troy J. Meyer From: Convergint Technologies Texas 810716 License Michael Botts michael.botts @convergint.com Mobile: (214) 673 -3060 irect: (469) 568 -7900 Fax: (469) 568 -7901 Convergint Technologies is pleased to provide this proposal for your consideration. This quotation shall remain firm for a period of forty -five (45) days from the proposal date, and price is based upon delivery of equipment within three (3) months. Convergint Technologies payment terms are net 30. This proposal includes labor and materials to provide Amag access Control and Avigilon IP video systems for the Westlake Academy expansion, Section one Security systems bid. Our proposal is based upon the Section One Security System specifications -Dated February 7 2014, and Drawings G -001, G -110, G -120, G -121, G -122, G- 140 dated 07.03.13 (reissued), project schedule 7 -28, Drawings C -005, C -006, and Answers to bid questions released 2- 14 -14. Components included within this proposal meet the specified equipment required in the specification and include the required software licenses, access enclosures with power supplies, termination of cabling, and readers for the locations proposed. This proposal also includes Installation labor, mounting and termination of components provided within this proposal. USA: Atlanta • Austin • Chicago _ DC m Dallas Denver •Houston - Los Angeles • Minneapolis e Nashville • -ties• Orleans • -N a Portland Richmond & San Francisco . Seattle $ Tulsa -tea. Beach . A A . Calgary . Edmonton * Fart tic - Murray k Lethbridge - Lloydminster • Vancouver Page 1 ot 11 Initial _ r, l t' TE CH" UC Q Es r r" Making a Gaily Difference February 24h, 2014 Executive Summary; Westlake Bid Section One - Security System 2304 Tarpley Rd: Suite 124, Carrollton, TX 75006 phone 469 -568 -7900 fax 469- 568 -7901 michael.botts @convergint.com www.convergint.com The following provides a summary of pricing for the base bid, bonds, and requested pricing options. BASE Project; Installation for Amag Access Control and Avigilon Video system $118,856.12 Payment and Performance Bond: $1,448.00 Maintenance Bond: $1,448.00 Total Project with Bonds $121,752.12 Multi Purpose Hall Optional 5MP Exterior Mounted Cameras Qty 2: $3,465.36 Secondary Building Optional 3MP Exterior Mounted Cameras Qty 2: $3,259.08 The detailed scopes and line item pricing for the alternates listed above are provided as separately attached. I SA: Atlanta • Austin • Chicago • DC • Dallas • Denver • Houston • Los Angeles • Minneapolis • Nashville • New Orleans • Portland Richmond • San Francisco • Seattle • CANADA. Calgary • Edmonton • Ft. McMurray • Lethbridge • Vancouver Town of Westlake Item # 4 – Adjournment Back up material has not been provided for this item.