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HomeMy WebLinkAbout2003 CON Expanets - Extend Fiber Optic CablesAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND EXPANETS OF CALIFORNIA, INC. THIS AGREEMENT is entered into this 7th day of October, 2003, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Ex anets of California Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to extend existing fiber optic, Ethernet data cables and telco copper wiring from the existing main distribution frame (MDF) to the new data center. WHEREAS, the CITY has determined that the CONTRACTOR is a data and telecommunication service company and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: . ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A . The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. 3. PROJECT COORDINATION AND SUPERVISION. Bernard Yeo hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for Revised August 2003 the progress and execution of this Agreement for the CONTRACTOR. Dale Hardy thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit B (the Base amount) without prior written authorization from the City Manager . Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. 5. LENGTH OF AGREEMENT. Project will be completed within 45 days of the agreement. 6. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 7. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRAC- TOR's obligations to the CITY are solely such as are prescribed by this Agreement. 8. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable 2 Revised August 2003 State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 9. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 10. STANDARD OF CARE. A. The CONTRACTOR, in performing -any services under this- Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 11. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, 3 Revised August 2003 layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 12. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR available_ any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 13. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 14. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said 4 Revised August 2003 acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 15. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of--- $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. employees. ment. H. Any aggregate insurance limits must apply solely to this Agree- I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 16. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or 5 Revised August 2003 dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 17. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association(the"AAA") before__ _— resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 18. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; 6 Revised August 2003 (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 19. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv)_ if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Park Morse Acting City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Expanets of California, Inc. 12760 Danielson Court Suite A Poway, CA 92064 (Attn: Dale Hardy Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 20. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political 7 Revised August 2003 Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. E 21. If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 byv_ the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. t. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an 8 Revised August 2003 employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: APPROVED AS TO FORM: George H. Ei40 ser, III City Attorney OJL Expanets of Califorinia, Inc. By: Dale Hardy (Name) General Manager (Title) 9 Revised August 2003 AveAr A'C,"i--;2G System Line Item List for City of National City Schedule A - Structured Wiring System Attachment B LINE # - PART # QTY DESCRIPTION $/Total 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 BCE-6-P 700 006 240 103 921 946 760 004 358 700 009 392 CF4X1C 700 007 289 700 010 952 700 007 024 700 006 976 700 004 880 700 004 815 11312-712 55053-503 10250-512 11374-501 40604-001 10595-512 3M710SC125S 32123 32105 N/A 2 Chatsworth Plenum Consolidation Enclosure 3 Splice Tray 1 UCB1 Base Closure Kit 700 Avaya Plenum Singlemode 12 Strand 200 Avaya Plenum Multimode 12 Strand 150 Carlon Jnnrrduct 1 Avaya 72-Fiber Patch Panel LST1U-07217 4 Avaya Duplex SC Coupler Panels for LST 48 Avaya Multimode Fiber Connector 12 Avaya Singlemode Fiber Connector 48 Avaya MM SC Coupler 12 Avaya SM SC Coupler 1 Chatsworth Triangular Support Bracket 1 Chatsworth 7'x19" Strandard Equipment Rack 1 Chatsworth Overhead Ladder Rack 2 Chatsworth 6" Single Sided Vertical Wire Manager 1 Chatsworth Concrete Floor Kit 1 Chatsworth Rack -to -Runway Mounting Plate 24 3M 710 Connector 500 200 Pair Plenum Cable 250 100 Pair Plenum Cable 1 Miscellaneous Material This price includes material, installation labor, 7.75% sales tax, and This quote is valid until October 26, 2003 National City MDF Relocate 8-27-03.xLs Equipment Total Sales Tax 7.75% Labor/Services Total Total Investment one year warranty. Exp@nets, Proprietary Information 10,515.26 814.94 12,248.90 $ 23,579.10 1 of 1 8/27/2003 Attachment A CITY OF NATIONAL CITY Structured Cabling System Scope Of Work Expanets has examined the requirements of City of National City as conveyed through our discussions as well as the provided floor plans. A comprehensive understanding of City of National City Structured Cabling System requirements has been used to formulate our proposal response. Expanets will secure and make available upon request all applicable 'permits, licenses and fees required by law. To insure an orderly implementation, Expanets will designate a Project Manager to coordinate all installation activities. For additional welfare, Expanets will install its own ceiling hangers for overhead cabling, which will comply with the National Electric Code and the Municipal Code for earthquake bracing. In addition, Expanets will also install proper hardware to install cable bundles in a proper manner within the open ceiling areas. In managing the implementation of your installation, Expanets will follow recommendations promulgated by the Electronics Industry Association and the Telecommunications Industry Association. We will, furthermore, adhere to EIAITIA established guidelines as well as comply with BICSI's published standards for building structures. The proposed AVAYA Category 5E cabling system solution includes a 20-year Performance Warranty from the date of acceptance against manufacturers defects for labor and materials for the "Horizontal Link Sub -System". All other Non- AVAYA components provided and installed by Expanets will carry a 1-year Warranty from the date of acceptance against manufacturer defects for labor and materials. Page 1 CITY OF NATIONAL CITY Expanets Scope of Work Structured Cabling System Expanets will perform the following tasks for City of National City Structured Voice and Data Cabling System project: 1) Horizontal Cabling Tnfrastructure: • Expanets shall install (6) Category 5E cables for the wireless units. ___ • All cables shall be Category 5E Plenum rated 4-pair Unshielded Twisted Pair (UTP). • The cables will terminate on RJ-45 8-wire White Category 5E jack inserts with EIA/TIA 568B type wiring and will be placed in a single port surface mount box. • All data Category 5E cables will terminate on Category 5E, RJ-45 patch panels in the new MDF. 2) Rack Equipment, Wire Management and Cable Tray: • Expanets shall install (1) Chatsworth equipment rack in the MDF. • Expanets shall install horizontal wire mangers on the racks between each patch panel. Distribution Cabling Management: • Install a 48 Strand Singlemode and 12 Strand Multimode fiber cable from the existing rack to the new MDF. These cables will be plenum rated. • Expanets shall splice these two cables to the existing fiber cables. • The fiber cables will terminate on SC type connectors in the new MDF. • Install a total of 600 pairs from the Old MDF to the new MDF. These pairs will be spliced in the Old MDF. • Install a 100 pair cable from the New MDF to each satellite closet. Page 2 CITY OF NATIONAL CITY Expanets Scope of Work Structured Cabling System • The fiber and copper splice cases will be placed in Plenum Consolidation Enclosures. Testing, Labeling and As-Builts: • All voice/data station cables will be marked appropriately to be identified on each end of the cable. Each outlet location will be identified with its appropriate unique label ID. All wiring blocks and patch panels will also be labeled appropriately. • All cables will be tested with WaveTek Level 11 tester and certified for Category 5e performance. • Expanets will provide complete as-builts for the project at the completion of the project. Expanets realizes that projects of this magnitude will often require changes to existing design plans. Expanets personnel will work closely with the City of National City staff (or their representatives) to accommodate any changes to the scope of work for this project through normal change request procedures. Terms and Conditions: • This pricing is valid until October 25, 2003. The pricing will be subject to revision after that time. ■ Installation services are performed within normal business hours 7:00 am & 3:30 pm, Monday through Friday. Any other service requests outside of this area will be charged at overtime and/or doubletime rates. Page 3 CITY OF NATIONAL CITY Expanets Scope of Work Structured Cabling System • Return visit and/or Installation delay resulting from circumstances beyond Expanets control (such as construction delays, site access delays, etc.) may be billed at current normal hourly rate. • This proposal does not include charges related to working under and/or removing any asbestos materials. • Plenum rated ceiling cables are part of this proposal. • No conduit and/or electrical work is included as part of this proposal. We look forward to helping you bring this project to a successful completion. Page 4 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 7, 2003 AGENDA ITEM NO. 10 (-ITEM TITLE Resolution authorizing Council to waive the bid process and award a contract for the "Extension of existing Fiber Optic, Ethernet data cables and Telco copper wiring from the existing MDF to the new Data Center" to Expanets. i PREPARED BY Bernard Yeo Brenda Hodges EXPLANATION On September 16, 2003 Council approved the transfer of additional fund to an existing Capital Improvement Project ("CIP") to relocation of the City's Data Center via resolution #2003-131. A budget of $80,000 has been authorized for the project. A portion of that original budget ($23,500.00) is set aside for pulling wires, cable and fiber optics for data and phones. EPARTMENT MIS / Purchasing It is requested that City Council waive the formal bidding requirements, as allowed in Section 12a4 of Purchasing Ordinance #1480, and in Chapter 2.60.220(d) of the Municipal Code, which states that the Purchasing Agent may dispense with the requirements of bidding: 'When the City Council determines that due to special circumstances, it is to the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure'. See Attached Environmental Review )( N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Recommend Council waive the formal bid process, award this contract to Expanets, and authorize the Purchasing Agent to issue the resulting purchase order. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 2003-145 A-200 (9,,•99) Item Title Resolution authorizing Council to waive the bid process and award a contract for the "Extension of existing Fiber Optic, Ethernet data cables and Telco copper wiring from the existing MDF to the new Data Center" to Expanets. Explanation Rather than put this project out to bid, it is requested that the contract be awarded to Expanets for the following reasons: 1. Expanets is the current contract vendor for the City's voice/data cabling and telecommunication equipment maintenance, and as such, will be providing maintenance and support for all existing cabling and telecommunication/voicemail equipment/services. 2. In order to maintain and continue similar cabling requirement throughout the City campuses, it is recommended that the contract to extend existing data/telco cable be awarded to the current vendor, Expanet. 3. If we awarded the contract to another vendor, Expanets would still have to be involved because the project will involve moving the existing MDF and ensuring that existing telecommunication services (phone and fax in City Hall), which Expanet currently maintains, are not interrupted. 4. Special circumstances exist in that time is of the essence and a formal bid process would delay the project 6-8 weeks. 5. It is more efficient for Expanets to move and connect the wiring because their familiarity with the City's voice/data cabling setup and their working knowledge of existing City's telecommunication equipment and requirement. The proposal submitted by Expanets for performing all cable/wiring work required for this project is $23,580.00. RESOLUTION NO. 2003 — 145 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE PURCHASING AGENT TO WAIVE THE BID PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH EXPANETS OF CALIFORNIA, INC. FOR THE EXTENSION OF EXISTING FIBER OPTIC, ETHERNET DATA CABLES AND TELCO COPPER WIRING FROM THE EXISTING MAIN DISTRIBUTION FRAME TO THE NEW DATA CENTER WHEREAS, on September 16, 2003, the City Council adopted Resolution No. 2003-131, approving the transfer of additional funds to an existing Capital Improvement Project to relocate the City's Data Center; and WHEREAS, in order is relocate the Data Center, it is necessary to extend the existing fiber optic, Ethernet data cables and Telco copper wiring from the existing main distribution frame to the new Data Center; and WHEREAS, because Expanets is currently contracted with the City for the exiting voice/data cabling and telecommunication equipment maintenance, is familiar with the City's cabling setup, has working knowledge of existing City telecommunication equipment and requirements, and the formal bid process would delay the project up to 8 weeks, it is in the City's best interest to waive the formal bid process pursuant to Section 12.60.220(D) of the National City Municipal Code, which allows the Purchasing Agent to dispense with the requirements of the bidding process when the City Council determines that due to special circumstances, it is to the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Purchasing Agent to waive the bidding process, and authorizes the Mayor to execute an agreement with Expanets of California, Inc. for the extension of existing fiber optic, Ethernet data cables and Telco copper wiring from the existing main distribution frame to the new Data Center. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of October, 2003. ATTEST: Mi I R. DaIla, ity Clerk c ae Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III , City Attorney Passed and adopted by the Council of the City of National City, California, on October 7, 2003, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City'Clerk of the City 6fNational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2003-145 of the City of National City, California, passed and adopted by the Council of said City on October 7, 2003. City Clerk of the City of National City, California By: Deputy City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 October 16, 2003 Dale Hardy, General Manager Expanets of California Inc 12760 Danielson Court Suite A Poway CA 92064 Dear Mr. Hardy, On October 7, 2003, Resolution No. 2003-145 was passed and adopted by the City Council of the City of National City, authorizing the Purchasing Agent to waive the bid process and authorizing the Mayor to execute an agreement with Expanets of Calfornia Inc for the extension of existing fiber optic, Ethernet data cables and Telco copper wiring from the existing main distribution frame to the new data center. We are forwarding a certified copy of the above Resolution and a fully executed Agreement. Sincerely, Martha L. Alvarez Deputy City Clerk /mla Enclosure cc: MIS/Purchasing File No. C2003-41 M Recycled Paper