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HomeMy WebLinkAboutItem No. 07 - Public Works Construction Agreement with Triton Technology Solutions Inc. for th7)Public Works Construction Agreement with Triton Technology Solutions Inc. for the Design, Purchase, and Installation of the Audio-Visual Presentation, Production, and Broadcast System in the New City Hall Project (CIP Project No. Z20006) Approve and authorize the City Manager to execute a contract with Triton Technology Solutions Inc. for the audio-visual presentation, production, and broadcast system in the New City Hall Project (CIP Project No. Z20006) in an amount not to exceed $1,783,163.18 in such final form as approved by the City Attorney; authorize the City Manager to execute change orders not exceeding a 10% contingency of $178,316.32 for uncertainties and adjustments; and authorize the City Clerk to file the notice of completion once the entire scope of work is complete and return withheld retention to the contractor. Page 1 of 3 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Jason Simpson, City Manager Prepared by:Shannon Buckley, Assistant City Manager Date:January 28, 2025 Subject:Public Works Construction Agreement with Triton Technology Solutions Inc. for the Design, Purchase, and Installation of the Audio-Visual Presentation, Production, and Broadcast System in the New City Hall Project (CIP Project No. Z20006) Recommendation Approve and authorize the City Manager to execute a contract with Triton Technology Solutions Inc. for the audio-visual presentation, production, and broadcast system in the New City Hall Project (CIP Project No. Z20006) in an amount not to exceed $1,783,163.18 in such final form as approved by the City Attorney; authorize the City Manager to execute change orders not exceeding a 10% contingency of $178,316.32 for uncertainties and adjustments; and authorize the City Clerk to file the notice of completion once the entire scope of work is complete and return withheld retention to the contractor. Background In accordance with the requirements set forth in the California Public Contract Code, on August 29, 2024, the City posted on PlanetBids the request for qualification for the audio-visual presentation and production and broadcast system in the City Hall Project (CIP Project No. Z20006). Responses were due on Thursday, September 19, 2024. Triton Technology Solutions Agreement New City Hall Page 2 of 3 Six responses were received on or before the deadline of 2:00 p.m. Thursday, September 19, 2024. The responses were reviewed in Planetbids, examined, and declared in City Hall. Following a complete evaluation of the six companies, four companies (bold & underlined) below were selected for interviews by City staff: Triton Technology Solutions Western Audio-Visual Security Integrated Media Systems P2s Borrelli and Associates, Inc. Key Code Media On October 10, 2024, interviews were conducted at City Hall to better learn the applicable qualifications in detail and specific technical processes to complete the required scope of work. During these interviews, essential information was gleaned surrounding a lengthy interview discussing the following items: Company data and qualifications Like experiences with specific references Technical expertise of the entire staff (number of staff, the staff assigned to this project) Proven city council chamber project expertise (specific cities) Adherence to industry standards Proposed approach to detail a project plan (design, purchase, build, program, test, commission). Specify which elements are self-performed and which elements are outsourced resources. From these interviews, staff selected three companies for a site visit to see firsthand the work of these three companies. During the site visit, staff engaged the three companies and their staff that performed the work on-site, and they discussed with the end users the many technical attributes, processes, and day-to-day capabilities of the systems in use. Below are the companies and site visit Cities: Triton Technology Solutions City of Irvine Western Audio-Visual Security City of Carson Integrated Media Systems City of Redondo Beach Discussion The final three companies, all showing favorably through the selection process, were asked to provide a written proposal with competitive pricing to the City for consideration. The submittal was to include a design process complete with system design documentation, associated costs, and a proposed equipment list with programming and system commissioning. Council Chamber Audio-Visual Presentation System Production and Broadcast System Lighting System (of the production lighting) Triton Technology Solutions Agreement New City Hall Page 3 of 3 All three companies provided a final submittal. Triton Technology Solutions was the only company to provide a complete and thorough submittal of the requested written proposal with accurate cost pricing for the design, purchase, and installation of the audio-visual presentation, production, and broadcast system. The Triton Technology Solutions proposed amount is $1,783,163.18. Note: The total cost of this project is $1,783,163.18; however, the bond will only be applied to $1,603,625.67 of the contract, which does not include the cost of the Design and Annual Support Contract or Bond Cost. Fiscal Impact Funding costs are included in the Fiscal Year 24/25 – 28/29 Capital Improvement Plan (CIP) budget, CIP Project No. Z20006. Attachments Attachment 1- Agreement Attachment 2 - Triton Technology Solutions Proposal Date January 7, 2025 City Manager’s Office 1 3 8 3 7 7 Agreement No. __________ AGREEMENT FOR PUBLIC WORKS CONSTRUCTION Triton Technology Solutions Inc. For the City Hall Audio-Visual Presentation & Production & Broadcast System CIP PROJECT NO. Z20006 This Agreement for Public Works Construction (“Agreement”) is made and entered into as of January 28, 2025 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Triton Technology Solutions Inc. (“Contractor”). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1.The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as: City Hall Audio-Visual Presentation & Production & Broadcast System(the “Project”) The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Staff, are identified as: The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein. 2.Compensation. a.For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being one million seven hundred eighty- three thousand one hundred sixty-three dollars and eighteen cents ($1,783,163.18). 2 3 8 3 7 7 b.City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents. c.Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 3.Completion of Work. a.Contractor shall perform and complete all work within 200 working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b.All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project. c.Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d.City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $500 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 3 3 8 3 7 7 4.Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor. Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following: a.The scope of the change in the work; b.The amount of the adjustment to the contract price; and c.The extent of the adjustment to the Schedule of Performance. The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 5.Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney. 6.Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City. 7.Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 8.Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to 4 3 8 3 7 7 property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 9.Insurance Requirements. a.Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies. i.Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii.Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii.Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. 5 3 8 3 7 7 iv.Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v.Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b.Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i.The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii.This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii.This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv.The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v.Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi.The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c.Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d.Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of 6 3 8 3 7 7 performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 10.Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor:Triton Technology Solutions Inc. Attn: Kristen Tetherton 32234 Paseo Adelanto Suite E-1 San Juan Capistrano CA 92675 11.Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 12.Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 13.Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 14.Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 15.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 16.Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 7 3 8 3 7 7 17.Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees. 18.Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 19.Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City. 20.Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21.Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 22.Prevailing Wages. a.Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 8 3 8 3 7 7 b.Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced. c.Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d.Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e.Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. 23.Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] 9 3 8 3 7 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation “CONTRACTOR” Triton Technology Solutions Inc City Manager ATTEST: By: Kristen Tetherton Its: President City Clerk APPROVED AS TO FORM: By:Click or tap here to enter text. Its:Click or tap here to enter text. City Attorney Assistant City Manager EXHIBIT A CONTRACTOR’S PROPOSAL [ATTACHED] EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHED] Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 | www.TritonTechnologySolutions.com This document is confidential between Triton Technology Solutions and City of Lake Elsinore. It cannot be shared with anyone outside of either organization without approval from either organization. COVER LETTER January 7, 2025 City of Lake Elsinore Gus Papagolos 130 South Main Street Lake Elsinore Dear Mr. Gus Papagolos, Thank you for the opportunity to provide you with a firm fixed proposal for design and estimates for the equipment, installation materials and labor for the installation and commissioning of the system. This proposal has been revised by removing the contingency and I have reduced the cost of the bond. I spoke to my bonding agent, and he said the city needs to specify that the bond does not apply to the Design Labor and the Annual Support fees. I added some verbiage to my proposal that reflects this. Please feel free to reach out to me with any questions or concerns you may have. Sincerely, Kristen Tetherton President (949) 388-3919 TRITl!IN ----"------"---------- TECH NOL O CY SOLUTIONS BECAUSE TECHNOLOGY NEVER ENDS COUNCIL CHAMBER AUDIO VISUAL DESIGN AND INSTALLATION Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 Office | 866.275.9175 Fax | www.TritonTechnologySolutions.com Page | 2 Proposal Contents COVER LETTER ............................................................................................................. 1 SCOPE OF WORK.......................................................................................................... 3 PROJECT PROCESS ..................................................................................................... 5 PRICING ......................................................................................................................... 9 PAYMENT TERMS ....................................................................................................... 10 PROJECT ASSUMPTIONS AND EXLUSIONS ............................................................ 11 TERMS AND CONDITIONS .......................................................................................... 12 WARRANTY STATEMENT ........................................................................................... 13 ANNUAL SUPPORT CONTRACT PROPOSAL ............................................................ 16 COUNCIL CHAMBER AUDIO VISUAL DESIGN AND INSTALLATION Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 Office | 866.275.9175 Fax | www.TritonTechnologySolutions.com Page | 3 SCOPE OF WORK The scope of work for this project includes Triton providing a firm fixed pricing for the design on the system with budgetary estimates for the equipment, installation materials and labor for the installation and commissioning of the system. Triton’s design will include the following systems with the estimates based on these systems: 1. Council Chamber Audio-Visual Presentation System. This system includes the following: a. Sources to the audio-visual system that may include: i. Dedicated and installed as well as Bring Your Own Device (BYOD) such as laptops, tablets, and phones with assorted operating systems connecting either wired or wirelessly. These devices are used for presentation as well as soft codec (Zoom, MS Teams, or others) use in the room. This requires audio with mix-minus and video both in and out of the devices being used. These sources are created in the production and presentation systems. ii. Wired and Wireless microphones to be used at the dais, staff desks and podiums. b. The audio-visual system will support the following: i. Video and audio feeds to the broadcast production system that include presentation content and voting results ii. The primary audience displays will be evaluated during the design and may include LED Wall(s), Projection including potentially ultra short throw systems, and/or flat panel displays. These will display the content to the audience including but not limited to, program content, computer generated content, agenda information, voting results, speaker timer, and other content needed to be displayed during a meeting. iii. Displays on the dais that can display the Council’s agenda and program content. iv. Potential displays on the staff desks to display content. This will be discussed during the design and will be based on the furniture layout of the room and the audience displays. v. Potential confidence monitor/s at the podium if required. vi. Speakers in the chamber, at member seats, and overflow spaces vii. Assistive Listening System in the chamber supported by closed captioning to Broadcast and overflow participants. c. The audio-visual system will be controlled via a control system that will allow: i. The city to select what sources they want displayed or heard in the chamber. ii. Control the audio levels in the chamber for sources and speakers iii. Individual mic level control within the chamber including muting and unmuting specific microphones, chairman override capability, or all microphones. iv. Lighting control to control both house and broadcast lighting d. Council Chamber Camera System COUNCIL CHAMBER AUDIO VISUAL DESIGN AND INSTALLATION Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 Office | 866.275.9175 Fax | www.TritonTechnologySolutions.com Page | 4 i. Pan/Tilt/Zoom cameras will be designed into the space based upon sightline studies and plans. ii. Remote control of the cameras including presets, pan, tilt, zoom, iris, color adjustments, white and black balance, gain and other controls. iii. The control system will have ability to control one or two cameras remotely during a non-council or broadcast meeting for when the chamber is used for other meetings that may include Zoom or Teams. e. Voting, Request to Speak and Digital Name Plates i. Provide design for a voting system capable of tracking yes, no, or abstain votes and displaying it in multiple methods. ii. Voting will be displayed in real-time to audience members and overflow participants as well as provide a feed for broadcast production iii. A request to speak queue will be displayed to chair as well as staff positions iv. RTS system will provide a timeout feature whose length can be set by the chair or staff from the control system. v. Digital nameplates will be designed at each member position facing the audience vi. Nameplates shall be customizable by staff to accommodate changes in members or positions at council dais. vii. The ability to use public speaker kiosk systems now or as a future addition to the system f. Podium – ADA i. A height adjustable podium will be specified to accommodate physically challenged speakers ii. Podium will have various technology features to allow curated real-time display of user content as well as provide a feed for production control. iii. A confidence monitor in front of the podium will provide preview of speaker provided content for curation by staff for display and broadcast. 2. Production and Broadcast System a. The broadcast production system will utilize a PTZ Camera layout in the chamber to capture the council members, staff, and speaker at the podium. Cameras will be controlled primarily from production control but also from touch panel/s within the Chamber for non-broadcast events. b. The primary platform for broadcasting Chamber meetings will be digital streaming services with tie ins to the local cable broadcast facilities. c. The chamber audio system will produce a dedicated program audio mix for use by production control room that can be automated or mixed discretely in production control room if desired. d. Closed captioning and AI translation may be part of this system and will be discussed during the design. COUNCIL CHAMBER AUDIO VISUAL DESIGN AND INSTALLATION Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 Office | 866.275.9175 Fax | www.TritonTechnologySolutions.com Page | 5 e. Broadcast system will include a master control playback solution like the Cablecast VIO playback server system. f. Technical furniture will be specified based on the number of operators, their workflow, and the equipment they need to operate during a meeting. 3. Lighting System includes the design of the production lighting. There will be integrated control between the house lighting and production lighting in the chamber. a. Lighting design specification shall be used in conjunction with an interior design/er to provide best broadcast friendly colors to the space. b. Design to include electrical and conduit requirements, fixture and lamp specification, lighting control of the production lighting and interface with house lighting. PROJECT PROCESS This project includes our Triton Project Process, which describes our approach and methodology to a design and provides project oversight for this project. The entire process is made up of four phases in which each one is built upon the other. The two phases, Program Phase and Design Phase, will require collaboration between us and the City of Lake Elsinore to define all the project requirements. Without collaboration, it is not possible to define the customer’s objectives and expectations, nor design a system that will meet them. Within both the Program and Design Phase, the client will be required to review and approve all deliverables before proceeding to the next phase. This allows the client to fully understand their systems specification, capabilities, budgets, timelines, etc. This review and approval process confirms that the design is meeting their objectives and expectations. The Project Process includes value engineering throughout the entire process, which allows us to discuss alternative designs, products and/or processes that could be applied to the project with the benefit of saving the customer money. The Triton Project Process is as follows: Program Phase: The first phase of the process is to develop the conceptual design and define overall project goals. This phase allows the project team to brainstorm at a high level and determine the specific functionality for each system area and location of the project. The deliverables of this phase include block and flow diagrams, a Rough Order of Magnitude (ROM) estimate of proposed equipment, space layout drawings and preliminary functional description of the system. Conduct and attend one onsite and one remote meeting. COUNCIL CHAMBER AUDIO VISUAL DESIGN AND INSTALLATION Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 Office | 866.275.9175 Fax | www.TritonTechnologySolutions.com Page | 6 Provide Needs Analysis Review Existing Documentation – Facilities Benchmark Comparable Facilities Conduct Program Meeting – Management, Operator, Engineering Program Report including: Conceptual Design ROM estimate of proposed equipment Equipment Demonstrations Preliminary functional description of system This phase is signed off as completed by the client before moving to Design Phase. Design Phase: The Design Phase refines the research and design findings from the Program Phase. This second phase takes the information from Program Phase and develops the design into detail. Once this phase is completed, the client will know everything that needs to be known about the project from a technical standpoint including how all equipment will be wired, where the equipment will be installed, what size technical furniture or number of racks will be required, as well as electrical and mechanical requirements. A final Bill of Material is prepared inclusive of specific line- item equipment lists. This phase includes the following: Conduct and attend one onsite and two remote meetings. Research Benchmark Equipment Develop System Design Establish the Infrastructure Concept Schematic, Design (Wire Diagrams) Critical Design Review of Technical Systems Final space planning, floor plans, equipment locations, etc. Rack elevations and/or console and furniture layouts Mounting Details (Projector, Monitors, Cameras, etc.) I/O Panel Design and Layout Identification of power, and conduit requirements. The customer will complete the implementation of power and conduit requirements. Deliverables and Approval Provide 11X17 Drawings using Triton Title Blocks in both hard and soft copy. Soft copy is delivered in both AutoCAD and pdf formats. Drawings include single line drawings that document every cable and all the equipment that will be installed in this project. (Cables not documented include power, keyboard, and mice.) Depending on the project other drawings may include floor plans, reflected ceiling plan, console and rack elevations. Provide Bill of Material (BOM) in both hard and soft copy formats. Soft copy is provided in both Excel and pdf formats. It will be formatted with the following order: item #, quantity, manufacturer, equipment model #, description, price, and extended price. If there is Customer Furnished Equipment (CFE) that is required in this project, those items will be designated as CFE on the BOM with no price associated with it. Provide Cable Database in both hard and soft copy formats. Soft copy is provided in Excel format. • ·~~ ·~~ • ·~~ • • • • • • ·~~ ·~~ • • • • • • • ·~~ ·~~ ·~~ • • • COUNCIL CHAMBER AUDIO VISUAL DESIGN AND INSTALLATION Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 Office | 866.275.9175 Fax | www.TritonTechnologySolutions.com Page | 7 Final project costs for remaining phases, equipment, and installation materials. Project timeline for remaining phases. This phase is signed off as completed by the client before moving to Installation Phase. Installation Phase: Once the customer approves the design, the project moves to the installation phase. Deliverables and activities in this phase are as follows: Installation Coordination Meeting Create cable labels Prepare Submittals Shop Drawings Sample Finishes Detailed Technical Drawings Customer to procure all equipment Prepare New Site for Installation Rack Grounds Cable Trays Pre-Assembly and testing Assemble and test the Technical System Install Equipment Run Cables Label all cables and equipment Vendor Commissioning Deliverable All Equipment Installed Wiring Complete This phase is signed off as completed by the client before moving to Commissioning Phase. Commissioning Phase: This is the system startup phase where the equipment and wiring are tested, operational parameters set and configured to ensure complete functionality. Triton coordinates operational training provided by the equipment manufacturer. The working system is delivered to the client as a fully functional and operating system. This phase includes system acceptance by the customer, as-built engineering drawings delivery, and overall technical system review. Deliverables and activities in this phase include: Set equipment parameters Preliminary Tests Generate Punch List Inspect, Test, and Align System Up to 16 Hours of system and technical review for the CUSTOMER’S technical staff responsible for the maintenance and troubleshooting of the system is included at no cost. This will be done in two sessions of up to four hours. Deliverables Final As-Built Engineering Drawings will be provided in both Hard and Soft Copy. • • ·~~ ·~~ • • • • ·~~ ·~~ • • • • ·~~ ·~~ • ·~~ ·~~ • • • • COUNCIL CHAMBER AUDIO VISUAL DESIGN AND INSTALLATION Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 Office | 866.275.9175 Fax | www.TritonTechnologySolutions.com Page | 8 One set of bound notebooks(s) will be provided to house the hard copy drawings printed on 11”X17” size paper. Two USB Drives with electronic copies of: 1. AutoCAD dwg files of the as-built drawings 2. Adobe pdf files of the as-built drawings 3. Microsoft Excel Wire List Items delivered to the customer that were included with any new equipment 1. Operational Manuals (if provided by manufacturer) 2. Manufacturer CD’s containing the software versions and releases installed on the equipment (if applicable) 3. Equipment accessories/options not needed during the installation 4. Other technical information that may have been provided Project Sign Off from Client COUNCIL CHAMBER AUDIO VISUAL DESIGN AND INSTALLATION Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 Office | 866.275.9175 Fax | www.TritonTechnologySolutions.com Page | 9 PRICING The total contract price for this project is $1,783,163.18, however the bond will only be applied to $1,603,625.67 of the contract which does not include the cost of the Design Labor, Annual Support Contract, or Bond Cost. DESIGN LABOR – Firm Fixed Pricing Per Scope of Work $ 76,320.00 ADD ALT DESIGN LABOR - Firm Fixed Pricing to include LED WALL $ 15,145.00 ADD ALT DESIGN LABOR - Firm Fixed Pricing to include house lighting $ 36,000.00 and broadcast lighting design BUDGET ITEMS B Council Chamber Audio-Visual Presentation System1 $ 205,976.00 B Council Chamber LED Wall2 $ 250,000.00 B Council Chamber PTZ Cameras $ 84,071.00 B Council Chamber Voting & Request to Speak System 3 $ 104,070.00 B Council ADA Podium $ 10,000.00 B Broadcast and Production System $ 317,213.00 B Broadcast Lighting System (House lighting fixtures not included) $ 194,445.00 Includes broadcast lighting installation. B Installation and Commissioning Labor $ 223,375.00 B ADD ALT Installation and Commissioning Labor LED WALL $ 30,000.00 B Installation Materials $ 36,375.00 B Freight and Shipping $ 36,408.77 B Sales Tax and E-Waste $ 111,691.89 B Bond – Not applied to Design Labor, or Annual Support $ 32,072.51 B Annual Support Contract– Not included in Bond $ 20,000.00 TOTAL: $1,783,163.18 1This reflects projection with audience monitors no LED Wall 2This reflects the budget for a single LED Wall 3This does not include kiosks for public speakers COUNCIL CHAMBER AUDIO VISUAL DESIGN AND INSTALLATION Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 Office | 866.275.9175 Fax | www.TritonTechnologySolutions.com Page | 10 PAYMENT TERMS Payment terms for this project is as follows: DESIGN LABOR – Labor to be invoiced with payment due in Net 30 days at the following milestones: B 10% to be invoiced at time of kick off meeting  B 30% to be invoiced when first set of single lines are delivered for review.  B 30% to be invoiced during 2nd set of drawings are delivered for review  B 30% to be invoiced when final set of drawings are delivered for review.  B 10% to be held in retention until design and budget is approved by city and we move into the installation phase. INSTALALTION AND COMMISSIONING LABOR– Labor to be invoiced with payment due in Net 30 days at the following milestones: B 10% to be invoiced at the end of the 1st week onsite B 10% to be invoiced at the end of the 2nd week onsite  B 10% to be invoiced at the end of the 3rd week onsite  B 10% to be invoiced at the end of the 4th week onsite  B 10% to be invoiced at the end of the 5th week onsite  B 20% to be invoiced at the end of the 6th week onsite  B 20% to be invoiced at the end of the 7th week onsite  B 10% to be held in retention until as-built documentation has been delivered and training has been completed. EQUIPMENT AND INSTALLATION MATERIALS – Some manufacturers will require a deposit upon an order being placed and luckily it is only a few. The manufacturers that will require a deposit will be communicated during the design. Typically, it is the production lighting and voting manufacturers that require a deposit All payments are due in Net 30 days except for the deposit. The payment terms for the equipment and installation materials are:  B 50% Deposit required by manufacturers at time of contract with remaining 50% to be invoiced once shipped to your warehouse or Triton’s, whichever occurs first.  B Equipment manufacturers that do not require a deposit and the installation materials are invoiced once shipped to your warehouse, or Triton’s, whichever occurs first with the invoice due in Net 30 days. BOND – The bond will be invoiced at time of it being issued. COUNCIL CHAMBER AUDIO VISUAL DESIGN AND INSTALLATION Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 Office | 866.275.9175 Fax | www.TritonTechnologySolutions.com Page | 11 PROJECT ASSUMPTIONS AND EXLUSIONS B All existing equipment is in working order B It is the City’s responsibility to provide the network security design, and/or Active Directory Authentication to any network devices as part of the system. B We will have access to the space for total of eleven consecutive weeks. These weeks need to occur when the rooms are clean and dust free from construction with all infrastructure in place and rooms have been painted and finished. B The City’s is to provide clear cable pathways utilizing conduit, ladder, or other methods. Triton will collaborate with the client to identify what is required. B Triton does not perform any high voltage electrical as we do not have a C10 Contractor's license, nor does Triton install any new conduit pathways for low voltage cabling. This is provided by the client or their electrician. B All permits to be provided by owner B All acoustic, high voltage electrical, mechanical, and civil engineering is provided by the city. B Scaffolding or lifts are not included as it is assumed all aspects of the installation can be completed using 10’ ladders. B Plenum Cabling is not a requirement of this project. B Triton Technology Solutions assumes that City staff including the Production Manager, City Clerk and all other staff who have input on the design will be available to answer questions during all phases of this project. B Triton will inform the city if there is any change in the scope of work and will provide a price for the change. The city then can decide to accept or reject the change. If the change is accepted, then the city will need to issue a revised PO or contract. B This proposal is valid for 90 days from the date of submittal. Please note that the equipment budgets do not include potential future tariffs that may be put in place by the Federal Government which may affect final pricing and budgets. B Delays by the customer, GC, or others, which extend the timeline will affect Triton’s cost and Triton will require a change order to cover the additional costs for the additional time required to provide these services over an extended period. B It is the city’s responsibility to warrant the security of any and all information provided for data and or network security provided for this project. For more information, Triton’s Data and Network Security Liability Disclosure is available upon request. B The labor quoted is not a condition of equipment being purchased from Triton. B BIM (Building Information Modeling) is not included in this proposal. B If Triton is a sub-contractor to a higher tiered contractor, payment must be made whether the higher tiered contractor has been paid by their client or not. Triton’s payment cannot be withheld if the higher tiered contractors’ payment is being withheld for any reason that is not within Triton’s scope of work or control. B Liquidated damages is not a condition of this contract. COUNCIL CHAMBER AUDIO VISUAL DESIGN AND INSTALLATION Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 Office | 866.275.9175 Fax | www.TritonTechnologySolutions.com Page | 12  TERMS AND CONDITIONS  B LIMITATION OF LIABILITY: Neither party shall be liable for loss of profits or any special, incidental, or consequential damages arising from this agreement, however caused, even if the other part has been advised of the possibility of such potential loss or damage. In no event shall either party’s liability for actions arising from or related to the services provided under this agreement exceed the amount of fees payable for such services pursuant to this agreement.  B TERMINATION: The City of Lake Elsinore may terminate this Agreement at any time upon written notice to Triton. Triton may terminate this Agreement upon thirty (30) days prior written notice to the City of Lake Elsinore only upon the occurrence of the material breach of any of the terms or conditions of this Agreement by the City of Lake Elsinore including but not limited to any failure to make payment as required herein, and the breach is not cured within thirty (30) days after written notice thereof. In the event of termination of this Agreement as provided herein, City of Lake Elsinore shall remain responsible to pay Triton, in accordance with this Agreement, for any services provided by Triton to the City of Lake Elsinore in accordance with this Agreement through the date of termination, for which full payment has not been made. Subsequent to the date of termination, following notice, Triton shall have no further responsibility to perform any services for the City of Lake Elsinore.  B CONFIDENTALITY: This proposal and all its content and any attached documents are proprietary and confidential and cannot be used for any purpose other than evaluating the proposal. It is not to be shared in whole or in part with anyone outside the City of Lake Elsinore. COUNCIL CHAMBER AUDIO VISUAL DESIGN AND INSTALLATION Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 Office | 866.275.9175 Fax | www.TritonTechnologySolutions.com Page | 13 WARRANTY STATEMENT The warranty of systems designed and installed by Triton fall into two included categories: I. System Installation Warranty (Covered by Triton) II. Equipment Warranty (Covered by the Manufacturer, NOT Triton) I. System Installation Warranty: Covered by Triton The System Installation Warranty covers the INSTALLATION materials needed to connect the equipment within a system and is covered by Triton. Triton warrants all system installation components and workmanship to be free from defects for a minimum period of one (1) year from the date of customer final acceptance and sign-off or Substantial Completion1 whichever comes FIRST. This warranty includes all system installation components such as: Cable, connectors, nuts, bolts, screws, cable support bars, terminal blocks, tie- raps, strain relief, mounting brackets, input/output panels, custom software, or custom equipment manufactured where no commercial product was available or was unsuitable. It is important to note this warranty covers installation materials of the system and NOT the equipment within the system unless Triton has manufactured the individual component. Triton will warranty any custom designed / built equipment or interfaces created by Triton for a period of (1) year. Triton will correct or replace any of the above installation components that fail during the one (1) year warranty period at NO CHARGE to the customer. If Triton provides system design services to the customer, Triton also warrants that the components selected or recommended, and the system configuration including system performance specifications is operational and appropriate for the intended use as agreed upon by the customer and shown in the single line documentation and equipment lists provided with the system for the same period of one (1) year. Triton will work diligently to ensure the system design meets or exceeds the expectations of the customer. It is the customer’s responsibility to fully understand the capabilities and limitations of the system BEFORE signing off on the final single line documentation. Triton will correct any system design configuration that fails to perform to specification or as diagramed after the single lines have been approved. If the system will not function as depicted on the single line diagrams, Triton will provide the engineering services for the re-design and subsequent changes to documentation, and any other design element affected by the change at NO CHARGE to the customer. The customer will be responsible for any equipment items needed to make the system functional. Equally important to what is provided by the System Installation Warranty, is what is not covered. NOT COVERED under the Triton System Installation Warranty: 1. Manufactured Equipment that fails to operate DURING the installation period. If during the system installation, a piece of equipment fails to operate properly, Triton will coordinate with the manufacturer or vendor that provided the equipment to have it repaired or replaced as necessary only if the equipment is purchased from Triton. 1. If the equipment is not purchased from Triton the customer will need to coordinate the repair or replacement of the piece of equipment. COUNCIL CHAMBER AUDIO VISUAL DESIGN AND INSTALLATION Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 Office | 866.275.9175 Fax | www.TritonTechnologySolutions.com Page | 14 2. If the equipment is not purchased from Triton and this causes a delay of the installation, testing, commissioning or completion of the project, the customer will be charged for the time lost for any Triton employee not able to complete their work during that delay. If other work can be assigned to the employee then there will be no additional charge. It will be the responsibility of the customer to provide the freight to/from the manufacturer as required by the manufacturer’s warranty agreement. Triton will not be liable for missed deadlines or loss of business to the customer for equipment that does not function and is beyond the control of Triton. 2. Manufactured Equipment fails AFTER system sign-off. If an equipment item fails after the system is operational and signed-off by the customer. The customer will be responsible for getting the equipment item repaired or replaced according to the manufacturer’s warranty. Triton is not responsible for the removal or reinstallation of the item. If the customer is not technically capable of removal/reinstallation of the item, Triton will provide those services at the prevailing rates. 3. Legacy equipment provided by the customer as part of a system installation that fails to operate will be the responsibility of the customer to have repaired and function to a level of specification in accordance with system in which it is placed. (i.e., the unit meets broadcast or manufacturers specifications if designed to be used in a broadcast system) 4. System design modifications that affect the operational capability of the system after it has been installed, tested, and signed off. If the customer changes the design or re-wires the system and is not in accordance with the single line documents provided, Triton will NOT warranty the portion of the system that was changed or its effect on the remaining portions of the system. NOTE: a change in one area may affect another. If Triton must research and correct the problem that was a result of a customer design change after approval, the customer will be responsible for all charges at the Triton prevailing rates. 5. Triton will not warrant software and computer configuration changes performed by the customer after system sign-off. Computer-based equipment is extremely sensitive to configuration changes. When Triton completes an installation that includes software, ONLY those programs and configurations recommended or approved by the manufacturer or software provider should be placed on the computer. If the customer adds, changes, updates, deletes, or otherwise changes the software or configuration of the computer, Triton will not warrant the computer-based system operation. It is highly recommended that ANY of the computer-based systems be operated in strict accordance with the manufacturer’s recommendations. The customer will be responsible for all expenses to either return the system to its original configuration or find the solution that enables the change to be functional. COUNCIL CHAMBER AUDIO VISUAL DESIGN AND INSTALLATION Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 Office | 866.275.9175 Fax | www.TritonTechnologySolutions.com Page | 15 6. System design by consultants or others is NOT warranted by Triton unless Triton has completed a thorough engineering review. Triton will not knowingly embark on a system design or installation that is known to be flawed or in which the operational performance is questionable. 7. Equipment modifications. Modifications to equipment that is not approved by the manufacturer may not be warranted within a system. Generally, those will be limited to the specific item but may have a detrimental effect on other components of the system. 8. Use of non-standard equipment, connectors, cables, or adapters. If a customer uses non-standard items within the system that are not part of the Triton installation process, and approved by Triton, Triton will not warrant these items and related systems. It will be the customer’s responsibility to ensure the compatibility of such items for their intended use within the system. 9. Data and Network Security. Triton Technology Solutions, Inc. shall make all efforts to maintain network and data security during the project. Triton will not guarantee or warrant the security of any information you provide for this project. Triton to be held harmless for any and all claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of classified information, alteration of electronic information, extortion, and network security. Triton is not liable for any breach response costs as well as regulatory fines and penalties nor credit monitoring expenses. Triton’s Network Liability Clause is available for more information and detail to how we will make every effort to maintain data security during the project. 10. Training. Training is not included in the system warranty; however, it is available at an additional cost if required. II. The Equipment Warranty: NOT Covered by Triton The Equipment warranty covers the manufactured equipment items that make up the system such as Cameras, Projectors, Switchers, Editors, Monitors, Distribution Amplifiers, and other manufactured items. The warranties for these items are covered by the MANUFACTURER and may vary in length and level of coverage. Under our standard warranty, Triton does not cover these equipment items since they are covered by the manufacturer. Triton MAY provide various levels of equipment warranty services for an additional charge. Definitions: 1 Substantial Completion is defined as the customer having the first beneficial use of the system as it was intended or designed COUNCIL CHAMBER AUDIO VISUAL DESIGN AND INSTALLATION Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 Office | 866.275.9175 Fax | www.TritonTechnologySolutions.com Page | 16 ANNUAL SUPPORT CONTRACT PROPOSAL This Master Service Agreement Proposal is for an all-inclusive support agreement which includes the following: Triton will come onsite every other month to service your system, and this includes the following: • Unlimited phone, text, remote login, and/or email support during normal business hours, M-F 8am – 5pm excluding weekends and holidays for system technical problems only. This includes but is not limited to the time to research any potential solutions, work with the manufacturer tech support on behalf of the City or coordinate RMA’s. • Updates of existing Documentation in AutoCAD when changes are made during a service. Documentation will be delivered as both a .dwg and pdf format file. • Free engineering consulting for the implementation of a new system. This will include a budget for the system. • During an onsite service we will provide Installation of any replacement equipment and new cabling if required. • General Maintenance Services, include but not limited to: o Cleaning equipment of dust including vacuuming of filters and equipment. o Confirm all video and audio levels are set properly and adjust, as necessary. o Make any repairs or corrections to the system that the client has notified Triton of. Equipment requiring repair will follow procedures listed below. o Calibrate camera settings including color, sync, black & white balance. o Monitor system generated emails for system status or potential maintenance needs. o Check health of hard drives, SAN, or NAS o Check hard drive storage availability. o Check microphones, audio mixer and audio system including mixer and potentially DSP settings. o Check pan/tilt stops on cameras. o Check input/output functionality at I/O or BSP panels. o Remove unnecessary video and audio patch cables. o Test and calibrate mixer levels and work with client to adjust presets if needed. o Update software and firmware for equipment as required and as time allows. This will be done as determined by the Triton Engineer onsite and City Staff. o Provide written report of services performed including any recommendations or items that need to be addressed. o Coordination or equipment to be sent to authorized repair center. • Up to 16 hours of custom Crestron and/or Biamp programming • Provide a 2nd technician at time of scheduled service if a 2nd technician is required. This occurs when troubleshooting needs to occur between two people COUNCIL CHAMBER AUDIO VISUAL DESIGN AND INSTALLATION Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 Office | 866.275.9175 Fax | www.TritonTechnologySolutions.com Page | 17 needed to be in different rooms and/or when equipment mounted to walls or ceilings require maintenance. • Provide a technician outside of the regular monthly service or bi-monthly service for emergencies. Response time to any condition is as follows: • Once notified of a condition or issue, Triton will provide phone or email technical support within 24 hours of the initial notification, as long as the 24 hours is within normal business hours and does not include weekends or holidays. Once the problem has been identified Triton will help the client over the phone to find a work around or fix it if possible. If no work around or fix is possible, then Triton will schedule an appointment to come onsite within 5 business days. Any equipment that requires repair, Triton will provide the following service: • Triton will work with the manufacturer through the trouble shooting and return authorization process. • Once Triton receives a proposal for the service work (sometimes this information can be given prior to the manufacturer receiving the product and other times they need to physically evaluate the unit) we will provide a proposal to the City with the service charges that include a 10% gross margin. The repair would not be completed until the City authorized it in writing. • Once the item is repaired and sent back, Triton will reinstall and test it • Triton will try in good faith to acquire loaner equipment from the manufacturer while the City’s equipment is in for repair. If none is available the City has the option to rent equipment which is not included in this contract. PRICING The pricing for the Master Service Agreement is as follows: • $20,000.00 PAYMENT TERMS Triton will invoice with payment due in Net 30 days at time of the contract, and then at 3-, 6-, 9- month intervals ASSUMPTIONS AND EXCLUSIONS B Rental fees for lifts or other specialty equipment to gain access to, or test equipment are not included and would be billed to the city. B Triton will require unrestricted access to equipment and/or area(s) during normal business hours on scheduled visits. B With remote support, Triton will have the ability to remotely login in, however this will be granted by the city on a case-by-case basis at the time of service. Triton will not have “always on” remote access. COUNCIL CHAMBER AUDIO VISUAL DESIGN AND INSTALLATION Triton Technology Solutions, Inc 32234 Paseo Adelanto Suite E-1 San Juan Capistrano, CA 92675 949.388.3919 Office | 866.275.9175 Fax | www.TritonTechnologySolutions.com Page | 18 B It is the City’s responsibility to warrant the security of all information provided for data and or network security provided during this agreement. For more information, Triton’s Data and Network Security Liability Disclosure is available upon request. B Triton warrants the consumables needed for a repair to be free from defects for a minimum period of one (1) year from the date of the service call. Consumables are cables, connectors, solder, rack screws, or other consumables used or required during a service and or repair that is provided by Triton. The labor performed during an onsite visit is warranted for 90 days. Parts like lamps, fuses and batteries or other equipment parts are warranted under their standard manufacturer warranty. B This agreement does not include any benchwork services. Benchwork services will be provided by the equipment manufacturer, but Triton will coordinate the repair if required.