V Upgrades W

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Salt Lake Community College

Bid B5079

5

Solicitation B5079

70 Classroom A/V Upgrades W/Installation

designation: Public

Salt Lake Community College

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Salt Lake Community College

Bid B5079

5

B5079 70 Classroom A/V Upgrades W/Installation Number   

B5079

Title   

70 Classroom A/V Upgrades W/Installation

Expected Expenditure    $400,000.00 (This price is expected - not guaranteed) Start Date

May 29, 2015 8:48:31 AM MDT

End Date

Jun 15, 2015 1:00:00 PM MDT

Question & Answer End Date

Jun 10, 2015 12:00:00 PM MDT

Contact   

Bonnie Johnson 801-957-4534 [email protected]

Contract Duration   

60 days

Contract Renewal   

Not Applicable

Prices Good for   

60 days

Comments

NO SUBSTITUTES The following documents SHALL be submitted with your bid. Cover Sheet Page 1 Bid form contained herein Page 2 Note: Your bid must be submitted with all required documents listed above! Failure to do so and your bid is NON RESPONSIVE! Bidders must accept the Terms and Conditions included in Bid Attachment; A - SLCC Standard Terms & Conditions for Goods and Services. Any exception will result in a rejected bid. 63G-6a-604 (3)

Item Response Form

Item    

B5079-01-01 - B5079 -- 70 Classroom A/V Upgrades W/Installation

Quantity   

1 lot

Unit Price    Delivery Location          Salt Lake Community College Salt Lake Community College   4600 S Redwood RD   Salt Lake City UT  84123 Qty 1 Expected Expenditure  $400,000.00  Description NO SUBSTITUTES See Attached Document B5079 for the 6 line items and complete specifications The following documents SHALL be submitted with your bid. Cover Sheet Page 1 Bid form contained herein Page 2  Note:  Your bid must be submitted with all required documents listed above!  Failure to do so and your bid is NON RESPONSIVE! Bidders must accept the Terms and Conditions included in Bid Attachment; A - SLCC Standard Terms & Conditions for Goods and Services. Any exception will result in a rejected bid. 63G-6a-604 (3)

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Cover Sheet Page 1 Bid form contained herein Page 2  Salt Lake Community Note:  Your bid must be submitted with all required documents listed above!  Failure to do so and your bid is NON RESPONSIVE!

Bid B5079

College

Bidders must accept the Terms and Conditions included in Bid Attachment; A - SLCC Standard Terms & Conditions for Goods and Services. Any exception will result in a rejected bid. 63G-6a-604 (3)

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Salt Lake Community College

Bid B5079

SUBMITT THROUGH BIDSYNC: Solicitation Number:

SALT LAKE COMMUNITY COLLEGE REQUIRES THAT BIDS BE SUBMITTED THROUGH A SECURE MAILBOX AT BIDSYNC www.bidsync.com

Bid Due Date & Time:

B5079 June 15, 2015 1:00 p.m.

Date IFB Sent:

DO NOT FAX, MAIL, HAND DELIVER, OR EMAIL YOUR BID; THESE BIDS WILL NOT BE CONSIDERED

May 29, 2015

BONNIE JOHNSON, BUYER TELEPHONE (801) 957-4534 FAX (801) 957-4445 [email protected]

Invitation for Bid

Walk Through on April 17, 2014 at 2:00

70 Classroom A/V Upgrades with Installation

Goods and services to be purchased:

Please complete Company Name

Federal Tax Identification Number

Ordering Address

City

State

Zip Code

Remittance Address (if different from ordering address)

City

State

Zip Code

Type

Company Contact Person

Corporation

Partnership

Proprietorship

Government

Telephone Number (include area code)

Fax Number (include area code)

Company’s Internet Web Address

email Address

Discount Payment Terms (for quotation purposes, quoted discounts less

Days Required for Delivery After Receipt of Order (see attached for

than 30 days will not be considered)

any required minimums)

The following documents are included in this solicitation: Solicitation forms, instructions and general provisions, and specifications. Please review all documents carefully before completing. Authorized Representative’s Signature

Date

Type or Print Name

Position or Title

1

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Salt Lake Community College

Bid B5079

Solicitation Number:

Invitation for Bid

Bid Due Date & Time:

B5079 June 15, 2015 1:00 p.m.

Vendor Name:

NO SUBSTITUTES Item #

Qty

Unit

Description

Unit Price

1

70

EA

Epson PowerLite Pro G6770 WU Projector

2

27

EA

Extron PVS 200D 2-Input PoleVault System 42-207-03

3

23

EA

Extron PVS 400D 4-Input PoleVault System 42-208-03

4

70

EA

5

30

EA

Da-Lite 16 x 10 Wide Format Projector Screen, Model C, Matte White, 60” x 96”, with #6 brackets Lumens Document Camera Model PS751

6

70

JOB

Equipment Installation/labor (Per Scope of Work on page 3 & 5)

NOTE:

Extension

V11H699020

Any FREIGHT will be included in the price of the equipment and not as a separate line item.

Do not include FREIGHT as a separate line item

Total

The following documents SHALL be submitted with your bid. 1. Cover Sheet Page 1 2. Bid form contained herein Page 2

Note: Your bid must be submitted with all required documents listed above! Failure to do so and your bid is NON RESPONSIVE! Bidders must accept the Terms and Conditions included in Bid Attachment; A - SLCC Standard Terms & Conditions for Goods and Services. Any exception will result in a rejected bid. 63G-6a-604 (3)

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Salt Lake Community College

Bid B5079

Salt Lake Community College Bid Packet - 70 Classroom A/V Upgrades SLCC PROJECT COORDINATORS Kurt Shirkey

Taryn Buchanan Samuel Smith Randall Adams Guy Douros

Assistant Director, Instructional Technology Services Office: TB 213R, Taylorsville Redwood Campus Phone: (801) 957-5142 E-mail: [email protected] Instructional Technology Specialist (801) 957-6044 Jordan and Miller Campuses Instructional Technology Specialist (801) 957-3128 Airport and South City Campuses Instructional Technology Specialist (801) 957-3879 Taylorsville Redwood Campus Interactive Web/Video Conferencing (801) 957-3965 Taylorsville Redwood Campus

PROJECT OVERVIEW The college would like to upgrade the existing audio-visual [A/V] equipment in 70 classrooms at 5 separate SLCC campuses. Nearly all of these classrooms currently have installed data projectors, projection screens, and A/V wiring and input plates. These 70 standard-size classrooms will all receive the following new equipment: Epson ceiling-mounted data projectors, Da-Lite wall-mounted manual projection screens, Extron PoleVault systems or equivalent containing wall-mounted A/V control panels, ceiling-mounted amplifiers and speakers, associated audio/video/control cabling, and HDMI input plates. The SLCC Project Coordinators will provide the final classroom lists, locations, and installation schedules for the designated upgrade rooms at their respective campuses, and they will note the locations where the A/V equipment should be installed in each classroom. Other vendors and/or SLCC departments will provide all electrical connections (new or relocations of existing), network cabling (new or relocations), and external cable raceway/conduit that might be necessary for the A/V installations. SLCC technicians will also program the Extron MLC 104 A/V control systems in each room. Construction will need to be completed during normal business hours (8-5, M-F) whenever possible, with a schedule of installing a minimum of 10 classrooms per week for this 7 week project. If necessary, existing classes will be moved for a few days during the week they are scheduled for installation, so the 2 room per day, 10 rooms per week, schedule is mandatory. PROJECT TIMELINE MONDAY, JUNE 15th – Bids awarded MONDAY, JULY 6th – Begin installations (7 weeks) FRIDAY, AUGUST 21st – Installations complete

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SCOPE OF WORK All 70 Classrooms: - VENDOR WILL REMOVE ALL EXISTING A/V EQUIPMENT IN EACH CLASSROOM, INCLUDING OLD SPEAKERS, PROJECTORS, SCREENS, CABLING, AND MOUNTING BRACKETS (if these items are not being re-used). The vendor will need to stack them in one corner of the room, and SLCC staff will remove them - Remove existing wall-mounted or ceiling-mounted manual projection screens - Install new wall-mounted Da-Lite manual projection screens - Remove existing ceiling-mounted data projectors - Install new ceiling-mounted Epson data projectors (roughly half of the mounts will have to be relocated a few feet for altered throw distances – these will be marked) - Connect the data projectors to the A/V cabling and align the images Additional Work: 50 of the Classrooms – Install new Extron PVS 200D/400D PoleVault systems – all components plus cabling – Mount the MLC 104 controllers in marked wall locations in standard drywall – Mount the HDMI input wall plate(s) in marked wall locations in standard drywall and/or in marked locations in instructor podiums – Run provided cabling from the controllers and input plates to the data projectors/PVS 405D switchers – Mount the pair of flat-field speakers in standard drop-ceilings – Install the PVS 405D Switcher/Amp above the projectors, and run the provided audio cabling to the speakers – Set up new document cameras to replace existing document cameras in the 23 classrooms with the 400D PoleVault systems. Additional Work: 20 of the Classrooms – SLCC will provide all additional A/V components for these classrooms – equipment plus cabling and they will have a similar design to the other 50 classrooms with PoleVault systems – Mount a pair of flat-field or equivalent speakers in standard drop-ceilings – Mount a PVS 405D or equivalent amplifier near the projector, and run the provided audio cables to the speakers – Run provided cabling from the controllers and wall plates to the data projectors – Install provided MLC 104 controllers in existing Extron MLM-WB+ wall boxes, and the HDMI input wall plates in marked wall locations in standard drywall Additional Requirements: - There will be a mandatory classroom walk-through the week before work begins at each campus, to verify installation schedules, equipment locations, and other logistics - At the end of construction at each campus site there will be a mandatory classroom walk-through to make sure all rooms are functioning properly - Vendor will test all audio/video signals in each classroom to ensure they are working properly before the room is certified as complete - Installers will complete one entire classroom, and only after the Project Coordinators have checked and approved the wiring/installation, can they then begin work on all other rooms. 4 5/29/2015 4:19 PM

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Bid B5079

Vendor will need to follow the classroom installation schedules provided by SLCC technicians, with a minimum completion rate of 2 classrooms per day, M-F during regular business hours, for the 7week schedule. Vendor will need to follow all recommended installation procedures as outlined in the associated manuals for each piece of installed A/V equipment. Vendor will need to provide to SLCC staff all surplus cables, screws, connectors, equipment and manuals that came in the original boxes of equipment for the installations. At the end of each classroom installation, the vendor will need to remove all equipment and boxes from the room, clean and vacuum the workspace, put the tables and chairs back in position, and remove any construction materials and debris. The rooms need to be returned to the same condition they were in before the installation began. SLCC staff will note the locations of the nearest dumpsters for vendor to dispose of non-recyclable trash, and the vendor will need to break down and stack all cardboard packing materials in the hallway outside of each classroom so SLCC staff can take the cardboard to the appropriate recycling location. SLCC will install all electrical outlets for the data projectors, and provide all necessary conduit/raceways for the A/V cables. SLCC technicians will also program the Extron A/V control systems.

Equipment Shipping Address All equipment will need to be shipped to the following address: Salt Lake Community College – Central Receiving, FC 104 Attn: Kurt Shirkey, Instructional Technology Services 4600 S. Redwood Road Salt Lake City, UT 84123

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Bid B5079

ATTACHMENT A-SLCC STANDARD TERMS & CONDITIONS FOR GOODS AND SERVICES 1.

AUTHORITY: Provisions of this contract are pursuant to the authority set forth in the Salt Lake Community College (SLCC) Purchasing Policies and Procedures, and all applicable sections of the Utah Procurement Code, Title 63G, Chapter 6a, Utah Code Annotated, 1953, as amended, and all related statutes, regulations and rules which permit the College to purchase certain specified supplies and services, and other approved purchases for the College.

2.

CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE: The provisions of this contract shall be governed by the laws of the State of Utah. The parties will submit to the jurisdiction of the courts of the State of Utah for any dispute arising out of this Contract or the breach thereof. Venue shall be in the Third Judicial District Court for Salt Lake County.

3.

LAWS AND REGULATIONS: The Contractor and any and all supplies, services and equipment furnished will comply fully with all applicable Federal and State laws and regulations.

4.

5.

RECORDS ADMINISTRATION: The Contractor shall maintain, or supervise the maintenance of all records necessary to properly account for the payments made to the Contractor for costs authorized by this contract. These records shall be retained by the Contractor for at least four years after the contract terminates, or until all audits initiated within the four years, have been completed, whichever is later. The Contractor agrees to allow Salt Lake Community College, Board of Regents, State and/or Federal auditors, and College Staff, access to all the records relating to this contract, for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment. CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM”: The Status Verification System, also referred to as “E-verify”, only applies to contracts issued through a Request for Proposal process, and to sole sources that are included within a Request for Proposal. It does not apply to Invitation for Bids or to the Multi-Step Process. 5.1 Status Verification System 1. Each offeror and each person signing on behalf of any offeror certifies as to its own entity, under penalty of perjury, that the named Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of the contractor’s new employees that are employed in the State of Utah in accordance with applicable immigration laws including UCA Section 63G-12-302. 2. The Contractor shall require that the following provision be placed in each subcontract at every tier: “The subcontractor shall certify to the main (prime or general) contractor by affidavit that the subcontractor has verified through the Status Verification System the employment status of each new employee of the respective subcontractor, all in accordance with applicable immigration laws including UCA Section 63G-12-302 and to comply with all applicable employee status verification laws. Such affidavit must be provided prior to the notice to proceed for the subcontractor to perform the work.” 3. The State will not consider a proposal for award, nor will it make any award where there has not been compliance with this Section. 4. Manually or electronically signing the Proposal is deemed the Contractor’s certification of compliance with all provisions of this employment status verification certification required by all applicable status verification laws including UCA Section 63G-12302. 5.2 Indemnity Clause for Status Verification System 1. Contractor (includes, but is not limited to any Contractor, Design Professional, Designer or Consultant) shall protect, indemnify and hold harmless, the State and its officers, employees, agents, representatives and anyone that the State may be liable for, against any claim, damages or liability arising out of or resulting from violations of the above Status Verification System Section whether violated by employees, agents, or contractors of the following: (a) Contractor; (b) Subcontractor at any tier; and/or (c) any entity or person for whom the Contractor or Subcontractor may be liable. 2. Notwithstanding Section 1. above, Design Professionals or Designers under direct contract with the State shall only be required to indemnify the State for a liability claim that arises out of the design professional's services, unless the liability claim arises from the Design Professional's negligent act, wrongful act, error or omission, or other liability imposed by

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law except that the design professional shall be required to indemnify the State in regard to subcontractors or sub consultants at any tier that are under the direct or indirect control or responsibility of the Design Professional, and includes all independent contractors, agents, employees or anyone else for whom the Design Professional may be liable at any tier. 6.

CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are officers or employees of Salt Lake Community College unless disclosure regarding such has been made in accordance with UCA Section 67-16-8, 1953, as amended.

7.

CONTRACTOR IS AN INDEPENDENT CONTRACTOR: The Contractor shall be an independent contractor, and as such, shall have no authorization, express or implied, to bind SLCC to any agreements, settlements, liability, or understanding whatsoever, and agrees not to perform any acts as agent for SLCC, except as herein expressly set forth. Compensation stated herein shall be the total amount payable to the Contractor by SLCC. The Contractor shall be responsible for the payment of all income tax and social security amounts due as a result of payments received from SLCC for these contract services. Persons employed by SLCC and acting under the direction of SLCC shall not be deemed to be employees or agents of the Contractor.

8.

INDEMNITY: The Contractor agrees to indemnify, save harmless, and release the State of Utah, and all its officers, agents, volunteers, and employees from and against any and all loss, damages, injury, liability, suits, and proceedings arising out of the performance of this contract which are caused in whole or in part by the acts or negligence of the Contractor's officers, agents, volunteers, or employees, but not for claims arising from the State's sole negligence. The parties agree that if there are any Limitations of the Contractor’s Liability, including a limitation of liability for anyone for whom the Contractor is responsible, such Limitations of Liability will not apply to injuries to persons, including death, or to damages to property.

9.

INSURANCE: The contractor shall maintain Comprehensive General, Liability (including contractual liability for this agreement and products and completed operations coverage), Automobile Liability, and if applicable, Professional Liability Insurance, with a minimum single limit of $1,000,000 for each occurrence and $2,000,000 general aggregate for bodily injury (including death) and property damage liability. The contractor shall also maintain all employee related insurance, in the statutory amounts, such as unemployment compensation, worker's compensation, and employer's liability, for its employees involved in performing services pursuant to this contract. The contractor's insurance carriers must be authorized to do business in Utah. The insurers and policy provisions must be acceptable to the College's Risk and Insurance Manager. Each of the Contractor's insurance policies shall include an endorsement that names SLCC and its officers, and employees as additional insured's, and the policy shall provide SLCC and its officers and employees with primary coverage (not contributing coverage) for any liability arising as a result of the Contractor's acts or omissions in connection with this Contract. The Contractor is not required, however, to obtain an "additional insured" endorsement for any Workers' Compensation or professional liability insurance policy. Contractor waives any right of subrogation against SLCC and its officers and employees.

10. EMPLOYMENT PRACTICES: The Contractor agrees to abide by the provisions of Title VI and VII of the Civil Rights Act of 1964 (42USC 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities. Also, the Contractor agrees to abide by Utah's Executive Order, dated December 13, 2006, which prohibits sexual harassment in the workplace. Contractor also agrees to abide by any laws and policies of the State of Utah regarding any of the above mentioned prohibitions in this paragraph. 11. SEVERABILITY CLAUSE: If any provision of this contract is declared by a court of competent jurisdiction to be invalid, the remaining terms and provisions will not be affected; and the rights and obligations of the parties will be construed and enforced as if the Contract did not contain the particular provision held to be invalid.

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12. RENEGOTIATION OR MODIFICATIONS: This contract may be amended, modified, or supplemented only by written amendment to the contract, executed by authorized persons of the parties hereto, and attached to the original signed copy of the contract. Automatic renewals will not apply to this contract. 13. DEBARMENT: The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract), by any governmental department or agency or political subdivision of any governmental entity. If the Contractor cannot certify this statement, attach a written explanation for review by SLCC. The Contractor must notify the SLCC Director of Purchasing within 30 days if debarred by any governmental entity during the Contract period. 14. TERMINATION: Unless otherwise stated in this Contract, this Contract may be terminated with cause by either party, in advance of the specified termination date, upon written notice being given by the other party. The party in violation will be given ten (10) working days after notification to correct and cease the violation(s), after which the contract may be terminated for cause. This contract may be terminated without cause, in advance of the specified expiration date, by either party, upon sixty (60) days prior written notice being given the other party. On termination of this contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved services rendered to date of termination. 15. NONAPPROPRIATION OF FUNDS: The Contractor acknowledges SLCC cannot contract for the payment of funds not yet appropriated by the Utah State Legislature. If funding to SLCC is reduced due to an order by the Legislature, Governor, Board of Regents, or is required by State law, or if federal funding (when applicable) is not provided, SLCC may terminate this contract or proportionately reduce the services and purchase obligations and the amount due from SLCC upon 30 days written notice. In the case that funds are not appropriated or are reduced, SLCC will reimburse Contractor for products delivered or services performed through the date of cancellation or reduction, and SLCC will not be liable for any future commitments, penalties, or liquidated damages. 16. SALES TAX EXEMPTION: SLCC’s State of Utah sales and use tax exemption number is 11890789-002. The tangible personal property or services being purchased are being paid from SLCC funds and used in the exercise of that entity’s essential functions. If the items being purchased are construction materials, they will be converted into real property by employees of this government entity, unless otherwise stated in the contract. 17. NOTIFICATION SLCC HAS 501(c) (3) STATUS: SLCC has been granted 501(c)(3) status under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986. SLCC’s 501(c)(3) status may mean sales tax may not apply to a SLCC contractor’s purchase(s) directly associated with a SLCC construction project; the contractor bears the entire responsibility to determine such with the State Tax Commission. 18. WARRANTY: The contractor agrees to warrant and assume responsibility for all products (including hardware, firmware, and/or software products) that it licenses, contracts, or sells to the College under this contract for a period of one year, unless otherwise specified and mutually agreed upon elsewhere in this contract. The contractor (seller) acknowledges that all warranties granted to the buyer by the Uniform Commercial Code of the State of Utah apply to this contract. Product liability disclaimers and/or warranty disclaimers from the seller are not applicable to this contract unless otherwise specified and mutually agreed upon elsewhere in this contract. In general, the contractor warrants that: 1) the product will do what the salesperson said it would do; 2) the product will live up to all specific claims that the manufacturer makes in their advertisements; 3) the product will be suitable for the ordinary purposes for which such product is used; 4) the product will be suitable for any special purposes that the College has relied on the contractor’s skill or judgment to consider when it advised the College about the product; 5) the product has been properly designed and manufactured; 6) the product is free of significant defects or unusual problems about which the College has not been warned. Remedies available to the College include the following: the contractor will repair or replace at no charge to the College the product whose nonconformance is discovered and made known to the contractor in writing. If the repaired and/or replaced product proves to be inadequate, or fails of its essential purpose, the contractor will refund the full amount of any payments that have been made. Nothing in this warranty will be construed to limit any rights or remedies the College may otherwise have under this contract.

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19. PUBLIC INFORMATION: Except as identified in writing and expressly approved by SLCC, Contractor agrees that the contract will be a public document, and may be available for distribution. Contractor gives SLCC express permission to make copies of the contract in accordance with the State of Utah Government Records Access and Management Act. This permission to make copies as noted will take precedence over any statements of confidentiality, proprietary information, copyright information, or similar notation. 20. DELIVERY: All deliveries will be F.O.B. destination with all transportation and handling charges paid by the Contractor unless otherwise specified in this contract. Responsibility and liability for loss or damage will remain with Contractor until final inspection and acceptance when responsibility will pass to SLCC except as to latent defects, fraud and Contractor's warranty obligations. 21. ORDERING AND INVOICING: All orders will be shipped promptly in accordance with the delivery schedule. The Contractor will promptly submit invoices (within 30 days of shipment or delivery of services) to SLCC. The purchase order number and/or State Cooperative Contract number shall be listed on all invoices, freight tickets, and correspondence relating to the contract order. The prices paid by SLCC will be those prices listed in the contract. SLCC has the right to adjust or return any invoice reflecting incorrect pricing. 22. PAYMENT: Payments are normally made within 30 days following the date the order is delivered or the date a correct invoice is received, whichever is later. All payments to the Contractor will be remitted by mail unless paid by SLCC’s Purchasing Card (a major credit card). No payment will be made for services not rendered. 23. PATENTS, COPYRIGHTS, ETC.: The Contractor will release, indemnify and hold SLCC, its officers, agents and employees harmless from liability of any kind or nature, including the Contractor's use of any copyrighted or un-copyrighted composition, secret process, patented or un-patented invention, article or appliance furnished or used in the performance of this contract. 24. ASSIGNMENT/SUBCONTRACT: Contractor will not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this contract, in whole or in part, without the prior written approval of SLCC. 25. DEFAULT AND REMEDIES: Any of the following events will constitute cause for SLCC to declare Contractor in default of the contract: 1) Nonperformance of contractual requirements; 2) A material breach of any term or condition of this contract. SLCC will issue a written notice of default providing a ten (10) day period in which Contractor will have an opportunity to cure. Time allowed for cure will not diminish or eliminate Contractor's liability for damages. If the default remains, after Contractor has been provided the opportunity to cure, SLCC may do one or more of the following: 1) Exercise any remedy provided by law; 2) Terminate this contract and any related contracts or portions thereof; 3) Impose liquidated damages, if liquidated damages are listed in the contract; 4) Suspend Contractor from receiving future SLCC competitive solicitations. 26. FORCE MAJEURE: Neither party to this contract will be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. SLCC may terminate this contract after determining such delay or default will reasonably prevent successful performance of the contract.

27. ATTORNEY FEES. In the event it is necessary for either party to bring any action to enforce any of the terms of this Contract, it is agreed that the prevailing party will be entitled to its attorney’s fees and costs.

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28. PROCUREMENT ETHICS: The Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to SLCC is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan or reward, or any promise thereof to any person acting as a procurement officer on behalf of SLCC, or who in any official capacity participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization (63G-6a-2304.5), Utah Code Annotated, 1953, as amended). 29. CONFLICT OF TERMS: Contractor Terms and Conditions that apply must be in writing and attached to the contract. No other Terms and Conditions will apply to this contract including terms listed or referenced on a Contractor’s website, terms listed in a Contractor quotation/sales order, etc. In the event of any conflict in the contract terms and conditions, the order of precedence shall be: 1) Attachment A: SLCC Standard Terms & Conditions; 2) SLCC Contract Signature Page(s); 3) SLCC Additional Terms & Conditions, if any; 4) Contractor’s proposal/bid response (incorporated into Agreement by reference); and, 5) Contractor Terms & Conditions, if any. 30. ENTIRE AGREEMENT: This contract, including all Attachments, and documents incorporated by reference hereunder, and the related SLCC solicitation (if any) constitutes the entire agreement between the parties with respect to the subject matter, and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written. The terms of this Agreement shall supersede any additional or conflicting terms or provisions that may be set forth or printed on the Contractor’s work plans, cost estimate forms, receiving tickets, invoices, or any other related standard forms or documents of the Contractor that may subsequently be used to implement, record, or invoice services hereunder from time to time, even if such standard forms or documents have been signed or initialed by a representative of SLCC. The parties agree that the terms of this Agreement shall prevail in any dispute between the terms of this Agreement and the terms printed on any such standard forms or documents, and such standard forms or documents shall not be considered written amendments of this Agreement.

SLCC Office of Risk Management, Revised 01-25-13

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INVITATION FOR BID - INSTRUCTIONS AND GENERAL PROVISIONS 1. BID PREPARATION: (a) All prices and notations must be in ink or typewritten. (b) Price each item separately. Unit price shall be shown and a total price shall be entered for each item bid. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing quotation. (c) Unit price will govern, if there is an error in the extension. (d) Delivery time is critical and must be adhered to as specified. (e) Wherever in this document an item is defined by using a trade name of a manufacturer and/or model number, it is intended that the words, "or equivalent" apply. "Or equivalent" means any other brand that is equal in use, quality, economy and performance to the brand listed as determined by SLCC Purchasing Services. If the vendor lists a trade name and/or catalog number in the bid, it will be assumed the item meets the specifications unless the bid clearly states it is an alternate, and describes specifically how it differs from the item specified. All bids must include complete manufacturer’s descriptive literature if quoting an equivalent product. All products are to be of new, unused condition, unless otherwise requested in this solicitation. (f) By signing the quotation the vendor certifies that all of the information provided is accurate, that they are willing and able to furnish the item(s) specified, and that prices bid are correct. (g) This bid may not be withdrawn for a period of 60 days from bid due date. (h) Incomplete bids may be rejected. 2. SUBMITTING THE BID: (a) All bids must be submitted on BidSync, www.bidsync.com (b) SLCC will not consider faxed or emailed bids. (c) All prices bid must be both F.O.B. Origin and F.O.B. Destination. Additional charges including but not limited to delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, costs of bonds or for any other purpose must be included in the quotation for consideration and approval by SLCC Purchasing Services. Upon award of the contract, the shipping terms will be F.O.B. Destination, Freight Prepaid with freight charges to be added to the invoice unless otherwise specified by SLCC Purchasing Services. 3. SOLICITATION AMENDMENTS: All changes to this solicitation will be made through written addendum only thru BidSync. Bidders are cautioned not to consider verbal modifications. 4. PROPRIETARY INFORMATION: Suppliers are required to mark any specific information contained in their bid which is not to be disclosed to the public or used for purposes other than the evaluation of the bid. Each request for non-disclosure must be accompanied by a specific justification explaining why the information is to be protected. Pricing and service elements of any bid will not be considered proprietary. All material becomes the property of SLCC and may be returned only at SLCC's option. Bids submitted may be reviewed and evaluated by any persons at the discretion of SLCC. 5. SAMPLES: Samples of item(s) specified in the IFB, when required by SLCC, must be furnished free of charge to SLCC. Any items not destroyed by tests may, upon request made at the time the sample is furnished, be returned at the vendor's expense. 6. WARRANTY: The contractor agrees to warrant and assume responsibility for all products (including hardware, firmware, and/or software products) that it licenses, contracts, or sells to Salt Lake Community College under this contract for a period of one year, unless otherwise specified and mutually agreed upon elsewhere in this contract. The contractor (seller) acknowledges that all warranties granted to the buyer by the Uniform Commercial Code of the State of Utah apply to this contract. Product liability disclaimers and/or warranty disclaimers from the seller are not applicable to this contract unless otherwise specified and mutually agreed upon elsewhere in this contract. In general, the contractor warrants that: (1) the product will do what the salesperson said it would do, (2) the product will live up to all specific claims that the manufacturer makes in their advertisements, (3) the product will be suitable for the ordinary purposes for which such product is used, (4) the product will be suitable for any special purposes that SLCC has relied on the contractor’s skill or judgment to consider when it advised SLCC about the product, (5) the product has been properly designed and manufactured, and (6) the product is free of significant defects or unusual problems about which SLCC has not been warned. Remedies available to SLCC include the following: The contractor will repair or replace (at no charge to the SLCC) the product whose nonconformance is discovered and made known to the contractor in writing. If the repaired and/or replaced product proves to be inadequate, or fails of its essential purpose, the contractor will refund the full amount of any payments that have been made. Nothing in this warranty will be construed to limit any rights or remedies SLCC may otherwise have under this contract. 7. PURCHASING SERVICES APPROVAL: Purchase Orders placed, or contracts written with SLCC as a result of this ITB, will only be legally binding with the authorized signature of Salt Lake Community College Purchasing Services.

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Bid B5079

8. AWARD OF CONTRACT: (a) This is an informal quotation which will not be read at a public opening; however, the information may be publicly reviewed after award. To obtain a copy of this record (tabulation) you may either enclose a stamped self-addressed envelope, or review tabulation in our office. (b) The contract will be awarded with reasonable promptness, by written notice to the lowest responsible vendor that meets the specifications. Consideration will to be given to the quality of the product(s) to be supplied, conformity to the specifications, the purpose for which required, delivery time required, discount terms and other criteria set forth in this request for quotation. (c) SLCC Purchasing Services may accept any item or group of items, or overall low bid. (d) SLCC Purchasing Services has the right to cancel this request for quotation at any time prior to the award of contract. (e) SLCC Purchasing Services can reject any and all bids or waive any informality, or technicality in any bid received, if SLCC Purchasing Services believes it would serve the best interest of the College. (f) Before, or after, the award of a contract SLCC Purchasing Services has the right to inspect the vendor's premises and all business records to determine the holder's ability to meet contract requirements. (g) Estimated quantities are for quoting purposes only, and not to be interpreted as a guarantee to purchase any amount. (h) Utah has a reciprocal preference law which will to be applied against vendors quoting products or services produced in states which discriminate against Utah products. For details see Section 63-56 20.5 -20.6, Utah Code Annotated. (i) Multiple contracts may be awarded if the State determines it would be in its best interest. 9. ANTI-DISCRIMINATION ACT: The vendor agrees to abide by the provisions of the Utah Anti-discrimination Act, Title 34 Chapter 35, U.C.A. 1953, as amended, and Title VI and Title VII of the Civil Rights Act of 1964 (42 USC 2000e), which prohibit discrimination against any employee or applicant for employment, or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age, and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disabilities. Also vendor agrees to abide by Utah's Executive Order, dated March 17, 1993, which prohibits sexual harassment in the workplace. Vendor must include this provision in every subcontract or purchase order relating to purchases by Salt Lake Community College to insure that the subcontractors and vendors are bound by this provision. 10. DEBARMENT: The CONTRACTOR certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. If the CONTRACTOR cannot certify this statement, attach a written explanation for review by SLCC. 11. GOVERNING LAWS AND REGULATIONS: All Salt Lake Community College purchases are subject to the Salt Lake Community College Policies and Procedures, and applicable sections of the Utah Procurement Code, Title 63 Chapter 6a U.C.A. 1953, as amended. ************* NOTIFICATION: Any person may report suspected improper activity on the Whistleblower Hotline by calling EthicsPoint toll free (866)-297-0224, or visiting www.ethicspoint.com: select “File a Report”; enter Organization name “SLCC”; after reporting, jot down the Report Key. For questions about the Whistleblower process, please call (801) 957-4561.

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Question and Answers for Bid #B5079 - 70 Classroom A/V Upgrades W/Installation

Bid B5079

5

Overall Bid Questions Question 1 Does the College plan on using the HDBaseT input or edge blending capability on any of these Epson Projectors? (Submitted: May 29, 2015 3:34:44 PM MDT) Answer - No, we are using the standard HDMI and VGA inputs at this time. (Answered: May 29, 2015 4:17:21 PM MDT) Question Deadline: Jun 10, 2015 12:00:00 PM MDT

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