14-1206-015TELECOM NOTES:
1. CONTRACTOR TO INSTALL (2) 19" X 8'H CHATSWORTH RACKS AND CORRESPONDING 12" WIDE VERTICAL WIRE
MANAGERS ON EACH SIDE AND BETWEEN THE TWO RACKS.
2. FIBER SHALL BE SUPPORTED BY INDEPENDENT WIRE SUPPORT HANGERS ATTACHED TO THE EXISTING BUILDING
STRUCTURE AND FRAMEWORK AT A MAXIMUM OF FiVE (5) FOOT INTERVALS. THE WIRE SUPPORT SYSTEM INSTALLED
WILL BE SIZED TO ALLOW FOR FIFTY- (50) PERCENT GROWTH BEYOND THE INITIAL CABLE INSTALLATION. THE
CONTRACTOR SHALL ADHERE TO THE MANUFACTURER'S REQUIREMENTS FOR BENDING RADIUS AND PULLING TENSION OF
ALL CABLES.
3. FIRE STOPPING: SEALING OF OPENINGS BETWEEN FLOORS, THROUGH RATED FIRE AND SMOKE WALLS, EXISTING OR
CREATED BY THE CONTRACTOR FOR CABLE PASS - THROUGH SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR.
SEALING MATERIAL AND APPLICATION OF THIS MATERIAL SHALL BE ACCOMPLISHED IN SUCH A MANNER. WHICH IS
ACCEPTABLE TO THE LOCAL FIRE AND BUILDING AUTHORITIES HAVING JURISDICTION OVER THIS WORK. CREATION OF
SUCH OPENINGS AS ARE NECESSARY FOR CABLE PASSAGE BETWEEN LOCATIONS SHALL BE THE RESPONSIBILITY OF
THE CONTRACTOR. ANY OPENINGS CREATED BY OR FOR THE CONTRACTOR AND LEFT UNUSED SHALL ALSO BE
SEALED AS PART OF THIS WORK. ALL FIRE STOPPING MATERIAL USED SHALL BE OF THE REENTERABLE AND
REUSABLE TYPE.
4. BIDDER REQUIREMENTS: VENDOR MUST CURRENTLY BE AN AUTHORIZED VALUE ADDED RESELLER (VAR) / CERTIFIED
INSTALLER OF THE SYSTiMAX STRUCTURED CABLING SOLUTION. VENDOR'S CORE INSTALLATION TEAM MUST BE
MANUFACTURER TRAINED AND CERTIFIED IN THE INSTALLATION TECHNIQUES, PRACTICES, AND REQUIREMENTS
PERTAINING TO THE SYSTIMAX STRUCTURED CABLING SYSTEM. ALL PROJECT SUPERViSORS/FOREMEN SHALL BE
INDIVIDUALLY CERTIFIED. LIKEWISE, A MINIMUM PERCENTAGE OF INSTALLATION CREWMEMBERS SHALL BE INDIVIDUALLY
CERTIFIED AS HAVING SUCCESSFULLY COMPLETED THE MANUFACTURER'S TRAINING PROGRAM. THE MINIMUM
PERCENTAGE SHALL BE THAT. AS DEFINED BY THE MANUFACTURER'S REQUIREMENTS, TO QUALIFY FOR, OBTAIN, AND
TRANSFER THE MAXIMUM CERTIFIED INSTALLATION AND PERFORMANCE WARRANTIES TYPICALLY OFFERED AND
AVAILABLE TO THE END -USER.
BEFORE SUBMITTING A PROPOSAL, THE BIDDER SHALL CAREFULLY EXAMINE ALL SPECIFICATIONS, VISiT THE SiTE, AND
BE FULLY INFORMED AS TO ALL THE LAWS. ORDINANCES AND REGULATIONS, WAGE RATES, AND LABOR CONDITIONS IN
THE AREA OF OPERATION AFFECTING THE CONTRACT OR SCOPE OF WORK; AND SHALL INCLUDE iN THE PROPOSAL,
SUMS TO COVER THE COST OF ALL ITEMS, IMPLIED OR REQUIRED, IN ORDER TO OBTAIN THE COMPLETED
FUNCTIONALITY OF SYSTEMS CONTEMPLATED BY THE CONTRACT. SELECTED VENDOR WILL BE REQUIRED TO MAKE
FINAL INSPECTION OF ALL COMPLETED WORK iN CONJUNCTION WITH BHSF PERSONNEL OR ITS REPRESENTATIVE.
5. THE CONTRACTOR SHALL COMPLY IN EVERY WAY WITH THE REQUIREMENTS OF STATE AND LOCAL LAWS, CODES, AND
ORDINANCES. NO CLAIMS FOR ADDITIONAL PAYMENT WILL BE APPROVED FOR CHANGES REQUIRED TO COMPLY WITH
CODES, ORDINANCES, AND REGULATIONS IN EFFECT ON DATE OF PROPOSAL. IT IS THE CONTRACTOR'S RESPONSIBILITY
TO BECOME FAMILIAR WITH SUCH REQUIREMENTS BEFORE SUBMITTING THE PROPOSAL. CONTRACTOR SHALL BE
RESPONSIBLE FOR THE CALCULATING OF ALL CABLE LENGTHS AND MATERIAL QUANTITIES.
6. GROUNDING AND BONDING: ALL GROUNDING AND BONDING SHALL MEET THE NATIONAL ELECTRIC CODE (NEC) AS WELL
AS LOCAL CODES, WHICH SPECIFY ADDITIONAL GROUNDING AND /OR BONDING REQUIREMENTS. HORIZONTAL CABLES
SHALL BE GROUNDED IN COMPLIANCE WITH ANSI/NFPA 70 AND LOCAL REQUIREMENTS AND PRACTICES. HORIZONTAL
EQUIPMENT INCLUDES CROSS CONNECT FRAMES. PATCH PANELS AND RACKS, ACTIVE TELECOMMUNICATIONS EQUIPMENT
AND TEST APPARATUS AND EQUIPMENT WHEN REQUIRED BY LOCAL CODE, PROVIDE A TELECOMMUNICATIONS BONDING
BACKBONE UTILIZING A #6 -AWG OR LARGER BONDING CONDUCTOR THAT PROVIDES DIRECT BONDING BETWEEN
EQUIPMENT ROOMS AND TELECOMMUNICATIONS CLOSETS.
7. CONTRACTOR RESPONSIBILITY•. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE TO ANY SURFACES OR
WORK DISRUPTED AS A RESULT OF HiS WORK. REPAIR OF SURFACES, INCLUDING PAINTING, SHALL BE INCLUDED AS
NECESSARY.
8. PERMITS: PERMITS SHALL BE SECURED AND PAID FOR BY THE CONTRACTOR AND MADE AVAILABLE FOR INSPECTION
BY BAPTIST HEALTH. THE CONTRACTOR MUST SCHEDULE ROUGH AND FINAL INSPECTIONS.
9. APPLICABLE DOCUMENTS. STANDARDS, AND CODES: THE INSTALLED TRANSMISSION MEDIA. EQUIPMENT AND MATERIALS,
DISTRIBUTION SYSTEMS. AND ALL INSTALLATION PROCEDURES AND TECHNIQUES SHALL CONFORM TO, OR OTHERWISE BE
IN COMPLIANCE WITH ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS; REQUIREMENTS OF INDUSTRY AND PUBLIC
AGENCY STANDARDS; ALL APPLICABLE LOCAL AND JURISDICTIONAL CODES, ORDINANCES AND DOCUMENTS, AND ALL
APPLICABLE INDUSTRY PRACTICES. NOTABLE AMONG THESE ARE THE STANDARD TELECOMMUNICATIONS INSTALLATION
PRACTICES SET FORTH IN THE BUILDING INDUSTRY CONSULTING SERVICE INTERNATIONAL (BICSI) TELECOMMUNICATIONS
DISTRIBUTION METHODS MANUAL, ALL EIA/TIA 568A, 569. 606, 607 STANDARDS, AND OTHER RECOMMENDATIONS
WHICH MAY APPLY, INCLUDING, BUT NOT LIMITED TO THOSE OF THE FOLLOWING ENTITIES:
1. NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)
2. AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)
3. NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION (NEMA)
4. ELECTRONIC INDUSTRIES ASSOCIATION (QA)
,••, 5. TELECOMMUNICATIONS INDUSTRIES ASSOCIATION (TiA)
6. INSTITUTE OF ELECTRICAL & ELECTRONICS ENGINEERS (IEEE)
7. UNDERWRITERS LABORATORIES (UL)
8. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)
9. NATIONAL CABLE TELEVISION ASSOCIATION (NCTA)
10. INSULATED CABLE ENGINEERS ASSOCIATION (ICEA)
11. INTERNATIONAL ELECTRO TECHNICAL COMMISSION (AEC)
12. INTERNATIONAL ORGANIZATION FOR STANDARDIZATION (ISO)
13. INTERNATIONAL TELEGRAPH AND TELEPHONE CONSULTATIVE COMMITTEE (CCITT)
14. NATIONAL ELECTRICAL CODE (NEC)
15. FEDERAL COMMUNICATIONS COMMISSION (FCC)
16. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
17. BUILDING OFFICIALS AND CODE ADMINISTRATION NATIONAL CODE (BOCA)
18. SOUND SYSTEM ENGINEERING, 2ND EDITION, BY DAMS
19. BASICS OF AUDIO AND VISUAL SYSTEMS DESIGN, BY WADSWORTH
20. HANDBOOK FOR SOUND ENGINEERS, 2ND EDITION
21. AMERICANS WITH DISABILITIES ACT (ADA)
22. EQUIPMENT MANUFACTURERS' INSTALLATION MANUALS AND DOCUMENTATION
iN THE EVENT OF ANY CONFLICT BETWEEN THE AFORESAID LAWS. STANDARDS, CODES, ORDINANCES AND DOCUMENTS,
AND THE BHSF RFP SPECIFICATIONS, THE CONTRACTOR SHALL IMMEDIATELY BRING THE CONFLICT TO THE ATTENTION
OF BHSF, OR ITS REPRESENTATIVE PROJECT MANAGER.
10. WARRANTIES, MAINTENANCE AND SERVICE: A COMPREHENSIVE WARRANTY, MAINTENANCE, AND SERVICE DESCRIPTION
SHALL BE INCLUDED FOR ALL PROPOSED SYSTEMS WITH EACH PROPOSAL. THIS PORTION OF THE BIDDER'S RESPONSE
SHALL PROVIDE A BRIEF, BUT DETAILED DESCRIPTION OF THE CONTRACTOR AND MANUFACTURER WARRANTY
CERTIFICATION PROCESS AFTER COMPLETION OF THE CABLE PLANT INSTALLATION ACTIVITIES. AND FOR SUBSEQUENT
MOVES /ADDS /CHANGES (MACS) THAT MAY OCCUR OVER THE YEARS. THE BIDDER SHALL SPECIFICALLY STATE THE
PERIOD OF PRODUCT WARRANTY BEING OFFERED BY THE CONTRACTOR AND SYSTEM MANUFACTURER FOR APPLICATION
ASSURANCES AND MATERIAL WORKMANSHIP. LIKEWISE, THE VENDOR'S EXTENSION PERIOD OFFERED FOR THE
INSTALLATION LABOR WARRANTIES PERIOD SHALL BE STATED FOR ALL SYSTEMS PROVIDED AND INSTALLED UNDER
CONTRACT BY THE VENDOR, AND ACCEPTED BY BHSF. THE BIDDER SHALL ALSO PROVIDE A GENERALIZED UST OF,
AND STATE THE WARRANTY PERIOD BEING OFFERED TO BHSF FOR THE MATERIALS AND LABOR NOT TYPICALLY
INCLUDED UNDER THE STRUCTURED CABLING SYSTEM WARRANTY.
AS REFERENCED AND REQUIRED IN THE PREVIOUS SECTION, THE BIDDER'S RESPONSE SHALL SEPARATELY DESCRIBE
AND UST INTERVAL PERIODS APPLICABLE TO ANY RECOMMENDED/MANDATORY MAINTENANCE OR SERVICE THAT MUST
BE PERFORMED ON THE SYSTEMS PROPOSED IN ORDER TO MAINTAIN WARRANTY EFFECTIVENESS. IF NO SUCH
MAINTENANCE OR SERVICE IS RECOMMENDED OR MANDATORY TO MAINTAIN THE WARRANTY EFFECTIVENESS, THE
VENDOR SHALL MAKE A STATEMENT INDICATING SUCH FACT. OF SPECIFIC INTEREST IS THE LEVEL OF SERVICE AND
RESPONSE TiME THE HOSPITAL CAN EXPECT WHEN AND IF A WARRANTY OR SERVICE CALL IS PLACED.
FINALLY, BIDDERS' PROPOSALS SHALL PROVIDE A UST OR STATEMENT WHiCH HIGHLIGHTS CUSTOMER RESPONSIBILITIES
AND ANY SERVICE OR OPERATIONAL LIMITATIONS, TERMS OR OTHER CONDITIONS PLACED ON IN -HOUSE SERVICE
TECHNICIANS OR OTHER THIRD -PARTY CONTRACTED PERSONNEL WITH RESPECT TO MAINTAINING WARRANTY VALIDATION
WHEN PERFORMING MINOR MACS (MOVES / ADDS / CHANGES / TROUBLE - SHOOTING / MAINTENANCE) AS IS
TYPICALLY CALLED FOR IN THEIR DAILY JOB ACTIVITIES. IF SUCH IN -HOUSE OR THIRD - PARTIES ARE REQUIRED TO BE
INDIVIDUALLY CERTIFIED BY THE MANUFACTURER OR VENDOR SPONSORED TRAINING PROGRAMS iN ORDER TO MAINTAIN
THE VALIDITY OF EACH CABLE PLANT SYSTEM WARRANTY, THE BIDDER'S PROPOSAL SHALL SUMMARIZE THE DETAILS
AND EXTENT OF SAID REQUIREMENTS AND AVAILABILITY OF SUCH OPTIONAL CERTIFICATION TRAINING PROGRAMS. IF
COURSE OUTLINES, REGISTRATION INFORMATION, AND /OR OTHER PREPRINTED DOCUMENTATION IS SUPPLIED, IT SHALL
BE INCLUDED IN THE APPENDIX OF THE PROPOSAL. COSTS ASSOCIATED WITH SUCH CERTIFICATION PROGRAMS,
WHETHER PROVIDED THROUGH ONE -TIME OR GRADIENT LEVELS OF TRAINING, SHALL BE INCLUDED IN THE BIDDER'S
COST PROPOSAL AND BE CONSPICUOUSLY LABELED AS 'OPTIONAL ". OPTIONAL COSTS ARE NOT TO BE INCLUDED WITH
ROLLED -UP COSTS TO COMPLETE THE PROJECT.
11. CONTRACTOR GUARANTEE: THE CONTRACTOR GUARANTEES THAT THE CABLING SYSTEM SOLUTION FOR INSTALLATION
ON BHSF OWNED OR LEASED PREMISES DOES NOT CONTAIN ANY OMISSIONS OF ANY KIND, WHETHER IN MATERIAL OR
LABOR, NECESSARY AND DEEMED REQUIRED TO DELIVER A FULLY DOCUMENTED, TESTED, CERTIFIED, AND OPERATIONAL
NETWORK AS INTENDED BY THE SCOPE OF THE RFP, UNLESS EXPRESSLY DESCRIBED BY THE RFP OR THE
CONTRACTOR'S PROPOSED RESPONSE AS NOT INCLUDED, NECESSARY, OR DESIRABLE.
12. MODIFICATIONS TO AGREEMENT•. ANY WAIVER, ALTERATION, OR MODIFICATION OF ANY OF THE PROVISIONS OF THIS
AGREEMENT SHALL NOT BE VAUD UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF BOTH
PARTIES. NO RELAXATION, FORBEARANCE, OR INDULGENCE BY BHSF IN ENFORCING ANY OF THESE TERMS AND
CONDITIONS OR THE GRANTING OF ANY TiME TO ANY OTHER PARTY SHALL PREJUDICE OR RESTRICT THE RIGHTS AND
POWERS OF BHSF HEREUNDER, NOR SHALL WAIVER OF ANY BREACH HEREOF OPERATE AS A WAIVER OF ANY
SUBSEQUENT OR CONTINUING BREACH HEREOF.
13. CHANGE ORDER PROCEDURE: BHSF MAY. WITHOUT INVALIDATING THE CONTRACT, ORDER CHANGES IN THE WORK
WITHIN THE GENERAL SCOPE OF THE CONTRACT CONSISTING OF ADDITIONS, DELETIONS, OR OTHER REVISIONS WITH
CORRESPONDING ADJUSTMENTS TO THE CONTRACT PRICE OR TIME AS APPROPRIATE.
ALL CHANGES MUST BE AUTHORIZED BY WRITTEN CHANGE ORDER SIGNED BY THE VENDOR AND APPROVED BY BHSF.
IN THE EVENT THAT THE CHANGE REQUIRES AN ADJUSTMENT TO THE CONTRACT PRICE OR TiME, SUCH CHANGE ORDER
MUST BE APPROVED PRIOR TO THE CHANGE, EXCEPT IN AN EMERGENCY ENDANGERING LIFE OR PROPERTY IN WHICH
CASE THE VENDOR SHOULD OBTAIN VERBAL APPROVAL TO PROCEED FROM BHSF, IF AT ALL POSSIBLE. A WRITTEN
CHANGE ORDER SHALL THEN BE SUBMITTED WITHIN 48 HOURS OF THE EVENT. A UST OF PRICING MUST BE PROVIDED
FOR ANY ADDITIONAL COMPONENT MATERIAL OR LABOR THAT COULD BE ASSOCIATED WITH ANY CHANGE ORDER.
MINOR CHANGES IN THE WORK NOT INVOLVING AN ADJUSTMENT IN THE CONTRACT SUM OR AN EXTENSION OF THE
CONTRACT TiME AND NOT INCONSISTENT WITH THE INTENT OF THE CONTRACT MAY BE EFFECTED WITH VERBAL
APPROVAL AND FOLLOWED UP BY WRITTEN CHANGE ORDERS APPROVED BY BHSF'S TELECOMMUNICATION PROJECT
MANAGER WITHIN FIVE WORK DAYS OF THE VERBAL APPROVAL.
NO PAYMENT FOR EXTRAS SHALL BE MADE UNLESS SUCH EXTRAS AND THE PRICE THEREOF HAVE BEEN AUTHORIZED
IN WRITING BY BHSF UNDER THIS CHANGE ORDER PROCEDURE.
14. NO SUBSTITUTION / QUALITY ASSURANCE: VENDOR AGREES TO SUPPLY BRANDS, MODELS, AND SPECIFIED ITEMS, ETC.
DESCRIBED HEREIN WITH NO SUBSTITUTION UNLESS APPROVED IN ADVANCE iN WRITING BY BHSF.
ALL CABLING MATERIALS HAVE BEEN SELECTED AND COORDINATED AS TO CONSTRUCTION. DESIGN, SIZE. FINISH,
QUALITY, COLOR, HARDWARE, ETC., AND BHSF'S EXACT NEEDS AND REQUIREMENTS. ALL SUCH ITEMS SHALL BE USED
IN STRICT ACCORDANCE WITH THE SPECIFICATIONS SET FORTH HEREINAFTER, AS WELL AS, THE MANUFACTURER'S
APPLICABLE SPECIFICATIONS WHICH ARE MADE PART HEREOF. BHSF SHALL HAVE THE RIGHT TO REJECT ANY ITEMS
NOT SO IN ACCORDANCE OR WHICH ARE OTHERWISE DEFECTIVE.
THE VENDOR IS RESPONSIBLE FOR QUALITY UNDER THIS AGREEMENT AND SHALL ASSURE THAT THE GOODS AND
SERVICES CONFORM TO THE DRAWINGS, SPECIFICATIONS, AND CONTRACT REQUIREMENTS INCLUDING ANY TECHNICAL
REQUIREMENTS FOR MANUFACTURERS' PART NUMBERS SPECIFIED IN THIS AGREEMENT.
15. NEW MATERIAL: ALL EQUIPMENT, MATERIALS, AND CABLE SUPPLIED UNDER THIS AGREEMENT SHALL BE NEW. IN NO
CASE WiLL USED, RECONDITIONED, OR OBSOLEiE EQUIPMENT, MATERIALS, OR CABLE BE ACCEPTED UNLESS
SPECIFICALLY AUTHORIZED BY BHSF, I.E., REUSE OF EXISTING ROUTE OF SPECIFIED CABLE.
16. SUBCONTRACTING: THE VENDOR MAY SUBCONTRACT WORK TO BE PERFORMED HEREUNDER ONLY WITH PRIOR WRITTEN
CONSENT OF BHSF. WITHIN THEiR PROPOSAL, VENDOR SHALL DISCLOSE ALL ANTICIPATED SUBCONTRACTORS AND
THEIR ASSOCIATED SCOPES OF WORK. BHSF FURTHER RESERVES THE RIGHT TO REFUSE ANY SUBCONTRACTOR(S).
17. ASSIGNMENT OF CONTRACT•. THE CONTRACT(S) TO BE AWARDED, AND ANY AMOUNTS TO BE PAID HEREUNDER SHALL
NOT BE TRANSFERRED WITHOUT PRIOR WRITTEN CONSENT OF BHSF.
18. WARRANTIES: THE VENDOR SHALL WARRANT THAT AS OF THE INSTALLATION ACCEPTANCE DATE, THE CABLING
SYSTEM IS IN GOOD WORKING ORDER; THAT iT HAS BEEN INSTALLED IN A WORKMANLIKE MANNER, FREE FROM
DEFECTS AND INSTALLED IN ACCORDANCE WITH, AND CONFORMING TO MANUFACTURER'S PUBLISHED SPECIFICATIONS
AND WARRANTY PROVISIONS. THE VENDOR SHALL ALSO WARRANT THAT ALL WORK IS iN FULL COMPLIANCE WITH ALL
REQUIREMENTS OF THIS RFP, ALL REPRESENTATIONS AND WARRANTIES OF THE VENDOR. AND ALL PROVISIONS OF THE
FINAL CONTRACT BETWEEN THE VENDOR AND BHSF. ALL GOODS SOLD TO BHSF, AND ALL VENDORS' WORK SHALL BE
MERCHANTABLE AND FIT FOR THE PARTICULAR PURPOSE INTENDED. AND SHALL COMPLY WITH ALL SPECIFICATIONS.
THE VENDOR SHALL TRANSFER TO BHSF, AND BHSF SHALL RECEIVE GOOD TITLE TO ALL GOODS, FREE OF SECURITY
INTERESTS, LIENS. AND CLAIMS OF OTHERS, CONDITIONAL SALES AGREEMENTS. INFRINGEMENTS, AND OTHER SIMILAR
IMPAIRMENTS OF TITLE. A MINIMUM TWO -YEAR WARRANTY SHALL APPLY TO ALL LABOR AND MATERIALS PROVIDED
AND INSTALLED BY THE VENDOR WHICH ARE NOT COVERED BY THE MANUFACTURER'S EXTENDED WARRANTY.
IN THE EVENT THE VENDOR DOES NOT AFFECT A REPAIR WITHIN A REASONABLE PERIOD OF TiME AS DETERMINED BY
BHSF. BUT NOT TO EXCEED SEVEN CALENDAR DAYS, BHSF MAY SECURE REPAIR SERVICES FROM OTHER SOURCES AND
CHARGE THE VENDOR FOR SUCH COSTS WITHOUT VOIDING THE WARRANTY.
NO ACT BY BHSF OR ITS REPRESENTATIVES SHALL VOID THE WARRANTY OR ANY OTHER SUBSEQUENT MAINTENANCE
AGREEMENT UNLESS SPECIFICALLY STATED IN THE WARRANTIES SECTION IN THE VENDOR'S RESPONSE AND AGREED TO
BY BHSF.
IN ADDITION TO OTHER WARRANTIES. THE VENDOR SHALL WARRANT THAT NOTHING PROVIDED BY IT PURSUANT TO
THIS RFP AND ANY ENTERED AGREEMENT INFRINGES UPON THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING,
BUT NOT LIMITED TO. PATENTS, TRADEMARKS, SERVICE MARKS, COPYRIGHTS, AND ANY OTHER PROPRIETARY RIGHT OR
INTEREST. THE VENDOR SHALL DEFEND WITH COMPETENT COUNSEL, INDEMNIFY, AND HOLD HARMLESS BHSF, ITS
OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL CLAIMS OF SUCH INFRINGEMENT. iN THE EVENT THAT
ANY SUCH INFRINGEMENT SHALL BE FOUND, THE VENDOR SHALL. AT ITS EXPENSE. EITHER OBTAIN A LICENSE TO
PERMIT BHSF OR ITS REPRESENTATIVES TO USE THE ITEM WITHOUT RESTRICTION AS CONTEMPLATED BY THiS RFP AND
THE CONTRACT, OR ARRANGE FOR THE SUBSTiTU11ON OF ANOTHER ITEM OF EQUAL OR BETTER QUALITY.
PERFORMANCE, AND CAPABILITY THAT DOES NOT INFRINGE THE PROPRIETARY RIGHTS OF ANY OTHER PERSON OR
ENTITY.
BHSF SHALL HAVE THE RIGHT TO REJECT ANY ITEMS NOT FULFILLING THE REQUIREMENTS OF THIS SECTION. OR WHICH
ARE OTHERWISE DEEMED DEFECTIVE.
19. INDEMNIFICATION /SAVE HARMLESS: VENDOR SHALL INDEMNIFY AND SAVE HARMLESS THE BAPTIST HEALTH OF SOUTH
FLORIDA (BHSF). ANY OF ITS AFFILIATES AND /OR REPRESENTATIVES FROM ANY LOSS OR DAMAGE TO REAL PROPERTY
OR TANGIBLE PERSONAL PROPERTY. OR FROM ANY LOSS OR DAMAGE ARISING FROM BODILY INJURY. INCLUDING DEATH.
WHEN SUCH LOSS OR DAMAGE IS CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL WRONGDOING OF
THE VENDOR'S EMPLOYEES, SUBCONTRACTORS, OR AGENTS WHICH ARISES OUT OF PERFORMANCE OF THIS AGREEMENT.
VENDOR ALSO SHALL INDEMNIFY AND SAVE BHSF HARMLESS FROM AND AGAINST ANY MECHANIC'S LIEN OR CLAIM OR
SUCH LIEN RESULTING FROM, OR IN CONNECTION WITH, THE WORK PERFORMED BY THE VENDOR OR ITS
SUBCONTRACTORS UNDER THIS AGREEMENT.
VENDOR AGREES TO PERFORM THE WORK IN A PROFESSIONAL MANNER U7IU7JNG ACCEPTED SAFETY PRACTICES AND
ESTABLISHED INFECTIOUS CONTROL PROCEDURES. CONTRACTOR FURTHER AGREES TO INDEMNIFY AND SAVE THE
BAPTIST HEALTH OF SOUTH FLORIDA (BHSF). ITS AFFILIATES AND /OR ITS REPRESENTATIVES FROM ANY AND ALL
CLAIMS ARISING OUT OF THE WORK EFFORT DESCRIBED. THIS INDEMNITY AND SAVE HARMLESS AGREEMENT EXTENDS
TO CLAIMS FOR BODILY INJURY OR PROPERTY DAMAGE BY MEMBERS OF THE GENERAL PUBLIC, EMPLOYEES/PA -nENTS
OF BHSF, OR ANY OF ITS AFFIUA7iONS AND SPECIFICALLY INCLUDES CLAIMS BY EMPLOYEES, SUB - CONTRACTOR'S
EMPLOYEES, AND /OR AGENTS OF THE VENDOR AGAINST BHSF, OR ANY OF ITS AFFILIATIONS OR EMPLOYEES. VENDOR
SPECIFICALLY AGREES TO PAY ALL COSTS ASSOCIATED WITH THE DEFENSE OF ANY CLAIM ARISING OUT OF ANY
ACTIVITY. INCLUDING THE COST OF ATTORNEYS, TO APP7AR IN COURT ON BEHALF OF BHSF. OR ANY OF ITS
AFFILIATIONS OR EMPLOYEES.
20. INSURANCE AND INDEMNIFICATION: THE VENDOR. AT ITS SOLE COST AND EXPENSE, SHALL PROCURE AND MAINTAIN
AT ALL TIMES DURING THE PERFORMANCE OF THiS CONTRACT, INSURANCE AS FOLLOWS:
1) COMPREHENSIVE GENERAL LIABILITY INSURANCE IN AN AMOUNT NO LESS THAN $1,000,000 PER OCCURRENCE.
THiS INSURANCE SHALL INCLUDE COVERAGE FOR ANY BODILY INJURY OR PROPERTY DAMAGE CAUSED AS A
RESULT OF THE VENDOR'S OPERATIONS, INCLUDING THOSE OF ITS SUB - CONTRACTORS OR AGENTS. OTHER
COVERAGE TO BE INCLUDED: PREMISES /OPERATIONS; PRODUCT LIABILITY AND COMPLETED OPERATIONS;
CONTRACTUAL LIABILITY; INDEPENDENT CONTRACT COVERAGE; AND FIRE LEGAL LIABILITY.
2) AUTOMOBILE LIABILITY INSURANCE COVERING BOTH BODILY INJURY AND PROPERTY DAMAGE IN AN AMOUNT OF
NO LESS THAN $1,000,000 PER OCCURRENCE.
3) WORKER'S COMPENSA71ON AND EMPLOYER'S LIABILITY INSURANCE AT STATUTORY LIMITS.
4) "ALL RISKS" PROPERTY INSURANCE COVERING VENDOR'S OWN CONTENTS THAT ARE USED AT BHSF' PREMISES.
COVERAGE AND LIMITS ARE TO BE CONSIDERED MINIMUM REQUIREMENTS AND SHALL IN NO WAY LIMIT THE LIABILITY
OBUGA11ON OF THE CONTRACTOR. BHSF SHAD. BE LISTED AS AN ADDITIONAL INSURED AS POLICIES OF INSURANCE
WITH THE EXCEPTION OF WORKMAN'S COMPENSATION AND EMPLOYEES LIABILITY. CERTIFICATES OF INSURANCE
EVIDENCING THE ABOVE INSURANCE SHALL BE FURNISHED TO BHSF UPON COMMENCEMENT OF WORK ON THE
CONTRACT. VENDOR MAY NOT CANCEL. COVERAGE WITHOUT GIVING BHSF THIRTY DAYS PRIOR WRITTEN NOTICE.
21. DEFAULT: TIMELY PERFORMANCE OF CABLE INSTALLATION IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT.
IF THE CONTRACTOR REFUSES OR FAILS TO EXECUTE THE WORK, OR ANY SEPARABLE PART OF ANY OR ALL PROJECT
ORDERS RESULTING FROM AWARD OF THIS CONTRACT, WITH THE DILIGENCE THAT WILL ENSURE ITS COMPLETION WITHIN
THE TIME SPECIFIED INCLUDING ANY EXTENSION, OR FAILS TO COMPLETE THE WORK WITHIN AN ACCEPTABLE PERIOD
OF TIME, BHSF MAY. BY WRITTEN NOTICE TO THE CONTRACTOR, CANCEL THE RiGHT TO PROCEED WITH THE WORK (OR
THE SEPARABLE PART OF THE WORK) THAT HAS BEEN DELAYED. IN THIS EVENT, BHSF MAY TAKE POSSESSION OF
AND USE ANY MATERIALS AND APPLIANCES ON THE WORK SITE NECESSARY FOR COMPLETING THE WORK. THE
CONTRACTOR SHALL BE LIABLE FOR ANY DAMAGES TO BHSF RESULTING FROM THE CONTRACTOR'S REFUSAL OR
FAILURE TO COMPLETE THE WORK WITHIN THE SPECIFIED TiME, WHETHER OR NOT THE CONTRACTOR'S RIGHT TO
PROCEED WITH THE WORK IS TERMINATED. THIS LIABILITY INCLUDES ANY INCREASED COSTS INCURRED BY BHSF IN
COMPLETING THE WORK.
THE CONTRACTOR'S RiGHT TO PROCEED SHALL NOT BE CANCELED IF:
1) THE DELAY COMPLETING THE WORK ARISES FROM UNFORESEEN CAUSES BEYOND THE CONTROL AND WITHOUT
THE FAULT OR NEGLIGENCE OF THE CONTRACTOR. EXAMPLES OF SUCH CAUSES INCLUDE:
A). ACTS OF GOD OR OF THE PUBLIC ENEMY.
B). ACTS OF BHSF.
C). ACTS OF ANOTHER CONTRACTOR IN THE PERFORMANCE OF A CONTRACT WITH BHSF.
D). FIRES/FLOODS.
E). EPIDEMICS do QUARANTINE RESTRICTIONS.
F). STRIKES.
G). FREIGHT EMBARGOES.
H). UNUSUALLY SEVERE WEATHER.
1). DELAYS OF SUBCONTRACTORS OR SUPPLIERS AT ANY TiER ARISING FROM UNFORESEEN CAUSES BEYOND
THE REASONABLE CONTROL AND WITHOUT THE FAULT OR NEGLIGENCE OF BOTH THE CONTRACTOR AND THE
SUBCONTRACTOR OR SUPPLIERS.
2) THE CONTRACTOR, WITHIN TEN DAYS FROM THE BEGINNING OF ANY DELAY (UNLESS EXTENDED BY BHSF).
NOTIFIES BHSF IN WRITING OF THE CAUSES OF DELAY. BHSF SHALL ASCERTAIN THE FACTS AND THE EXTENT
OF DELAY. IF, IN THE JUDGMENT OF BHSF, THE FINDINGS OF FACT WARRANT SUCH ACTION, THE TiME FOR
COMPLETING THE WORK SHALL BE EXTENDED.
3) IF TiME OF COMPLETION IS ESSENTIAL AND THE VENDOR CANNOT COMPLETE THIS WORK WITHIN THE
ESTABLISHED TiME REQUIREMENT, THE VENDOR MAY BE EXCUSED AND BHSF MAY COMPLETE THE WORK USING
ITS OWN RESOURCES, OR CONTRACT WITH ANOTHER VENDOR FOR TIMELY COMPLETION.
4) THE RIGHTS AND REMEDIES OF BHSF IN THiS CLAUSE ARE IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES
PROVIDED BY LAW OR UNDER THIS CONTRACT.
22. FORCE MAJEURE. NEITHER PARTY SHALL BE LIABLE FOR A DELAY IN ITS PERFORMANCE OF ITS OBUGA11ONS AND
RESPONSIBILITIES UNDER THIS AGREEMENT DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, SUCH AS BUT NOT
LIMITED TO WAR. STRIKE, OR LOCKOUT, EMBARGO, NATIONAL EMERGENCY, INSURRECTION OR RIOT, ACTS OF THE
PUBLIC ENEMY, FIRE, FLOOD, OR OTHER NATURAL DISASTER, PROVIDED THAT SAID PARTY HAS TAKEN REASONABLE
MEASURES TO NOTIFY THE OTHER, IN WRITING OF THE DELAY.
23. BREACH: SHOULD THE VENDOR REPEATEDLY FAIL TO COMPLETE 100% OF iTS CONTRACTUAL OBLIGATIONS, THE
VENDOR SHAD_ BE DEEMED IN BREACH OF THE CONTRACT AND BHSF MAY CANCEL THE AGREEMENT IN TOTAL IN
ACCORDANCE WITH THE DEFAULT CLAUSE ON PAGE 16
24. WAIVER: THE WAIVER OF BREACH OR DEFAULT OF THIS AGREEMENT BY EITHER PARTY SHALL CONSTITUTE A WAIVER
ONLY AS TO SUCH PARTICULAR BREACH OR DEFAULT AND SHALL NOT CONSTITUTE A WAIVER OF ANY OTHER BREACH
OR DEFAULT.
25. JURISDICTION: THiS AGREEMENT SHALL BE INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA.
SHOULD ANY PROVISION OF THIS AGREEMENT BECOME INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT
JURISDICTION OR BY OPERA11ON OF ANY APPLICABLE LAW. IT SHALL NOT AFFECT THE VALIDITY OF ANY OTHER
PROVISION CONTAINED HEREIN.
COURSE OF DEALING, COURSE OF PERFORMANCE, COURSE OF CONDUCT, PRIOR DEALINGS, USAGE OF TRADE,
COMMUNITY STANDARDS, INDUSTRY STANDARDS, AND CUSTOMARY PRACTICE OF INTERPRETATION INVOLVING THE SALE,
DELIVERY, INSTALLATION, USE OR SERVICE OF THE EQUIPMENT AND GOODS AND SERVICES OR SIMILAR OR DISSIMILAR
EQUIPMENT, GOODS OR SERVICES SHALL NOT SERVE AS REFERENCES IN INTERPRETING THE TERMS AND CONDITIONS OF
THIS AGREEMENT.
26. SEVERABILITY. THE INVALIDITY OF ANY PROVISION OF THIS AGREEMENT SHALL NOT AFFECT THE VALIDITY OF ANY
OTHER PROVISION.
IN THE EVENT ANY PART OF THIS AGREEMENT IS FOUND TO BE ILLEGAL OR iN VIOLATION OF PUBLIC POLICY OR FOR
ANY OTHER REASON BE UNENFORCEABLE UNDER LAW, SUCH FINDINGS SHALL IN NO EVENT INVALIDATE THE OTHER
PARTS OF THE AGREEMENT.
27. DELAYED ENFORCEMENT: BHSF MAY DELAY ENFORCING OUR RIGHTS UNDER THIS AGREEMENT WITHOUT LOSING THE
RIGHT TO DO SO AT A LATER DATE.
28. TERMINATION (INSOLVENCY): SHOULD THE VENDOR BECOME THE SUBJECT OF A BANKRUPTCY PETITION FILED BY
OR AGAINST IT, BECOME INSOLVENT, SUFFER A RECEIVERSHIP OR HAVE A TRUSTEE APPOINTED FOR ALL OF ITS
ASSETS OR TAKE THE BENEFIT OF ANY LAW OR PROCEEDING IN DEALING WITH INSOLVENCY OR CREDITOR'S RIGHT,
THEN BHSF AT ITS DISCRETION MAY TERMINATE THIS AGREEMENT BY GIVING NOTICE OF CANCELLATION TO VENDOR IN
WRITING AND VENDOR SHALL REFUND TO BHSF WITHIN THIRTY DAYS OF SUCH NOTICE, THE AMOUNT OF THE
PURCHASE PRICE WHICH MAY HAVE BEEN PREVIOUSLY PAID BY BHSF FOR ANY UNDEUVERED GOODS AND SERVICES.
29. INDEPENDENT CONTRACTOR: THE SERVICES RENDERED HEREUNDER SHALL BE RENDERED BY THE VENDOR AS AN
INDEPENDENT CONTRACTOR. NONE OF THE BENEFITS PROVIDED BY BHSF TO ITS EMPLOYEES, INCLUDING BUT NOT
LIMITED TO, COMPENSATION INSURANCE AND UNEMPLOYMENT INSURANCE SHALL BE AVAILABLE TO THE VENDOR'S
EMPLOYEES, SUBCONTRACTORS, OR AGENTS. VENDOR SHALL WARRANT THAT NO BHSF EMPLOYEE, AGENT, STAFF
MEMBER, OR OFFICER IS ACTING AS OFFICER, AGENT, EMPLOYEE. SUBCONTRACTOR, OR CONSULTANT TO YOU IN
CONNECTION WITH ANY WORK CONTEMPLATED OR PERFORMED RELATIVE TO THIS AGREEMENT. VENDOR FURTHER
WARRANTS THAT NO BHSF AGENT. EMPLOYEE. STAFF MEMBER, OR OFFICER IS TAKING PART IN ANY OTHER WORK
CONTEMPLATED OR CONTRACTED BY CONTRACTOR.
30. EQUAL OPPORTUNITY: THE VENDOR, IN PERFORMING THE WORK REQUIRED BY THE AGREEMENT, SHALL NOT
DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT, INDEPENDENT CONTRACTOR, OR ANY PERSON
BECAUSE OF RACE. COLOR, RELIGION, CREED, ANCESTRY, SEX, AGE. NATIONAL ORIGIN, VETERAN STATUS, NON JOB
RELATED DISABILITY OR HANDICAP. THIS REQUIREMENT ALSO APPLIES TO ALL SUBCONTRACTORS OF THE VENDOR.
31. PERSONNEL ACCEPTANCE: BHSF MAY AT ANY 11ME OR FROM TIME TO TiME AND FOR REASONABLE CAUSE NOTIFY
VENDOR THAT IT WILL NO LONGER ACCEPT SERVICES PERFORMED BY ANY ONE OR MORE OF THE VENDOR'S
EMPLOYEES. BHSF SHALL HAVE NO OBLIGATION TO DISCLOSE TO THE VENDOR REASONS FOR ANY SUCH NOTICE.
VENDOR IS OBLIGATED TO REPLACE SUCH PERSON AND SKILLS SO THAT THE EFFECTIVENESS OF THE SERVICES IS NOT
COMPROMISED.
32. LIABILITY TO THIRD PERSONS: BHSF DOES NOT ASSUME ANY LIABILITY TO THIRD PERSONS, NOR WILL WE REIMBURSE
ANY CONTRACTOR FOR HIS LIABILITY TO THIRD PERSONS, WITH RESPECT TO LOSS DUE TO DEATH, BODILY INJURY, OR
DAMAGE TO PROPERTY RESULTING iN ANY WAY FROM THE PERFORMANCE OF THIS CONTRACT OR ANY SUBCONTRACT
HEREUNDER.
THE VENDOR SHALL GIVE BHSF'S REPRESENTATIVE IMMEDIATE NOTICE OF ANY SUIT OR ACTION FILED OR PROMPT
NOTICE OF ANY CLAIM MADE AGAINST THE VENDOR ARISING OUT OF THE PERFORMANCE OF THIS CONTRACT. THE
VENDOR ALSO SHALL FURNISH IMMEDIATELY TO BHSF, COPIES OF ALL PERTINENT PAPERS RECEIVED BY THE VENDOR
PERTAINING TO ANY SUCH CLAIMS.
THE VENDOR. AND AUTHORIZED SUB- CONTRACTORS ARE PROHIBITED FROM PUTTING A MECHANICS LIEN ON ANY BHSF
PROPERTY.
33. NOTICE OF LABOR DISPUTE: WHENEVER VENDOR HAS KNOWLEDGE THAT ANY ACTUAL OR POTENTIAL LABOR DISPUTE
IS DELAYING OR WILL THREATEN TO DELAY TIMELY PERFORMANCE OF THIS CONTRACT, THE VENDOR SHALL
IMMEDIATELY NOTIFY BHSF. IN WRITING, WITH ALL RELEVANT INFORMATION.
34. COMPLIANCE WITH CODES: VENDOR'S WORK UNDER THE CONTRACT SHALL BE OF SUCH QUALITY AS TO COMPLY WITH
ALL CODES, LAWS AND REGULATIONS. VENDOR iS RESPONSIBLE FOR OBTAINING ALL LICENSING AND PERMITS, AS
WELL AS ALL ASSOCIATED FEES AND COSTS TAXES BHSF IS A TAX EXEMPT ORGANIZATION AND THEREFORE RECEIVES
EXEMPTIONS FROM THE STATE OF FLORIDA SALES /SERVICES TAXES.
35. FEDERAL. STATE. AND LOCAL LAWS: VENDOR WILL COMPLY WITH ALL FEDERAL, STATE, AND LOCAL REGULATIONS AND
ORDINANCES CONCERNING WASTE DISPOSAL AND REMOVAL. AND THE TERMS AND CONDITIONS OF THIS CONTRACT, AND
IS RESPONSIBLE FOR ALL LICENSE AND PERMIT FEES.
36. REMOVAL OF DEBRIS: REMOVAL OF DEBRIS. INCLUDING ALL CARTONS. PACKING MATERIALS, WRAPPINGS, USED CABLE,
AND ALL OTHER DEBRIS RELATIVE TO INSTALLATIONS ON BHSF PREMISES SHALL BE THE SOLE RESPONSIBILITY OF THE
VENDOR.
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„ tel : 305.446.0649
fa x: 305. 444.5557
florida registration
no. AA - F000104
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