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HomeMy WebLinkAbout3124RESOLUTION NO. 3124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH JBK COMMUNICATIONS, INC. TO PROVIDE TELECOMMUNICATION SERVICES AND INSTALL TELECOMMUNICATION COMPONENTS AT VARIOUS CITY FACILITIES. THE COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: SECTION 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute an Agreement for Professional Services with JBK COMMUNICATIONS, INC. to provide telecommunication services and install telecommunication components at various City facilities. A copy of said Agreement as set forth in Exhibit "A" is attached hereto and incorporated herein by this reference. SECTION 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED this /f _ day of Q , 1999. Resolution No. 3124 October 14, 1999 Page 1 CITY OF AUBURN q,i,.d.a).a., CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: 5s5 Michael J. Reynol s, City Attorney Resolution No. 3124 October 14, 1999 Page 2 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and with JBK Communications Inc., hereinafter referred to as "CONSULTANT ". In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. Please see attachment 1 for detailed pricing. The scope of work for this project includes the following sites: City Hall (25 W. Main), Fire Station 31 (1101 D. St. NE), Fire Station 32 (1951 R. St. SE), Fire Station 33 (2905 C St. SW), Maintenance and Operations Building (1305 C. St. SW) and the Senior Center (910 9th St. SE). At City Hall, the single mode fiber cable installed by TCl/AT &T will be connected to a fiber patch panel. In addition, the single mode fiber cable installed by the King County INET, will be connected to the fiber patch panel as well. At City Hall, distribution fiber will be 62.5/125 micron, tight buffered, multi -mode, 6 strand fiber and distributed from the server room on the 1st floor to the East Wing data closet and to the South Wing (both floors). The fiber will be tested for continuity and loss with a light power meter and results will be provided. At each site, a wall mounted data rack will be installed, a data patch panel will be installed and Plenum rated Category 5 cable will be installed for the number of data ports needed and tested per EIAITIA 568 Standards. Printed test results will be provided. The first phase of this project will begin at City Hall and then branch out to the remote sites. .CA16, f 4, e ; 3 4.25" Agreement for Professional Services October 8, 1999 Page 1 of 11 Total cost for this project will not exceed $52,350.00 Sales Tax $ 4,502.10 Total After Sales Tax $56,852.10 2. TERM. The term of this contract begins on November 15t, 1999 and will conclude on February 15th 2000. This will give JBK communications sufficient time to wire each above mentioned locations. 3. COMPENSATION. In the event services beyond those specified in the Scope of Work, and not included in the compensation listed in this agreement are required, a contract modification shall be negotiated and approved by the CITY prior to any effort being expended on such services 4. RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally accepted professional and the requirements of the CITY. Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Agreement for Professional Services October 8, 1999 Page 2 of 11 Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 5. INDEMNIFICATION /HOLD HARMLESS. The CONSULTANT shall indemnify and hold the CITY and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims, demands or suits based solely upon the conduct of the CITY, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees and (b) the CITY, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the CITY of defending such claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The provisions of this section shall survive the expiration or termination of this Agreement. 6. INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the CONSULTANT is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. 7. INSURANCE. Agreement for Professional Services October 8, 1999 Page 3 of 11 CONSULTANT shall procure and maintain for the duration of this Agreement, commercial general liability insurance against claims for injuries to persons or damage to property which may arise from or in conjunction with services provided to the CITY by the CONSULTANT, its agents, employees or subcontractors, under this Agreement. The CONSULTANT agrees to provide commercial general liability insurance and shall maintain liability limits of no less then ONE MILLION DOLLARS ($1,000,000) per occurrence and ONE MILLION DOLLARS ($1,000,000) general aggregate. The CONSULTANT shall also provide and maintain professional liability coverage in the minimum liability limits of ONE MILLION DOLLARS ($1,000,000) per claim and ONE MILLION DOLLARS ($1,000,000) aggregate. The general liability coverage shall also provide that the CITY, its officers, employees and agents are to be covered as additional insured as respects: Liability arising out of the services or responsibilities performed by or under obligation of the CONSULTANT under the terms of this Agreement, by the CONSULTANT, its employees, agents and subcontractors. Both the general liability and professional liability coverage shall provide that the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officials, employees and agents. Any insurance or self insurance maintained by the CITY, its officials, employees or agents shall be excess to the CONSULTANT'S insurance and shall not contribute with it. Each insurance policy required by this section of the Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except when thirty (30) days prior written notice has been given to the CITY by certified mail return receipt requested. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT agrees to provide copies of the certificates of insurance to the CITY specifying the coverage required by this section within 14 days of the execution of this Agreement. The CITY reserves the right to require that complete, certified copies of all required insurance policies be submitted to the CITY at any time. The CITY will Agreement for Professional Services October 8, 1999 Page 4 of 11 pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. 8. NONDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 9. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information and materials as the CONSULTANT may have accumulated , prepared or obtained as part of providing services under the terms of this Agreement by the CONSULTANT, shall belong to and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to maintain all books and records relating to its operation and concerning this Agreement for a period of six (6) years following the date that this Agreement is expired or otherwise terminated. The CONSULTANT further agrees that the CITY may inspect any and all documents held by the CONSULTANT and relating to this Agreement upon good cause at any reasonable time within the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S request, the originals of all drawings, documents, and items specified in this Section and information compiled in providing services to the CITY under the terms of this Agreement. Reuse by the CITY of any of the drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information and materials on extensions of this project or any other project without the written permission of the CONSULTANT shall be at the CITY'S sole risk. 10. TERMINATION OF AGREEMENT. Agreement for Professional Services October 8, 1999 Page 5 of 11 This Agreement may be terminated by either party upon twenty (20) days written notice to the other party, and based upon any cause. In the event of termination due to the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to the date of termination. Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptly discontinue all services affected as directed by the written notice, and (2) deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained in performing this Agreement, whether completed or in process. 11. GENERAL PROVISIONS. 11.1. This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 11.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach hereof, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with the performance of the services and obligations herein. 11.3. The CITY and the CONSULTANT respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement with respect to all covenants to this Agreement. 11.4. This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. Agreement for Professional Services October 8, 1999 Page 6 of 11 11.5. Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement including reasonable attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. 11.6. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 11.7. If any provision of this agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. Agreement for Professional Services October 8, 1999 Page 7 of 11 CITY OF AUBURN .1-R.e.-re Charles A. Booth, Mayor Date 0 — ?47 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Authorized S ature 1601 /1,17-717 Print or Type Name TITLE: D 1=�T Address 5-2-o3 k v y ✓ILL) ? Address Gt.A4- 9/g D3 Phone ( 3 6c7 L /5'`i- /7.")-3 Fax# (360) "/3g- 3V9J Federal Tax ID # % l- )3 2 - 0 3/D REF. H: \FORMS\FE054 (R 7/99) E: \FORMS \FE054 (R 7/99) Agreement for Professional Services October 8, 1999 Page 8 of 11 10/07/99 18:33 FAX 3604383491 JBK C03111 INC el 02 f. /i.,--/ /23.7( mmu121cal ons Inc. 5203 Lacey fJfuoi 66 Lacey; arviinylon 9403 -2443 206-459-1223 .ax ')Cum6et 206-4383491 Thomas Smith City of Auburn Auburn, WA October 8, 1999 Dear Thomas, This cost estimate is for City Hall, Fire 31, Fire 32, Fire 33 and Maintenance and Operations. Costa break -out per location as follows: A. City Hall Basement 7 Category S Runs $175,00 per run $ 1,225.00 1' Floor 66 Category 5 Runs 5175.00 per run 11,550.00 2m Foos 82 Category 5 Runs $175.00 per Run 14,350.00 Server Room to South & East 5,000.00 Wings on 1st and 2nd Floors. Fiber Feed (5) Wall Mount Racks $150.00 each 750.00 Patch Panels as needed S100.00 each 500.00 Basement (1) 72 Port pp, (1) 60 fiber s.m. 5,000 Cable, (1) 8 fibers. m. cable B. Fire 31 C. Maintenance & Operations Subtotal $38,375.00 17 Category 5 Runs (1)Wall Mount Data Rack (1) 48 Port, Cat. 5 Patch Panel Subtotal $ 3,225.00 5175.00 per tan $ 2,975.00 $150.00 each 150.00 $ 100.00 each 100.00 22 Category 5 Runs $175.00 per tun $ 3,850.00 (1) Wall Motmt Data Rack $150.00 each 150.00 (1) 48 Port Patch Panel $100.00 each 100.00 Subtotal 54,100.00 10/07/99 18:33 FAX 3604383491 D. Fire 32 E. Fire 33 F. Senior Center City Hall Fire 31 Maintenance & Operations Fire 32 Fire 33 Senior Center Subtotal % Sales Tax Total JBK COMM INC 5 Category 5 Runs S175,00 per run $ 875.00 (1) Wall Mount Data Rack 5150.00 each 150.00 (1) 16 Port Patch Panel S 75.00 each 75.00 Subtotal S1100.00 5 Category 5 Runs (1) Wall Mount Data Rack (1) 16 Port Patch Panel Subtotal $1,100.00 $ 175.00 per run S 875.00 $150,00 each 150.00 $ 75.00 each 75.00 24 Category 5 Runs $175,00 per run $4,200.00 (1) Wall Mount Data Rack 150.00 $150.00 each 150.00 (1) 32 Port Patch Panel $ 87.50 each 87.51 Subtotal $4,437.50 S 38,375.00 3,225.00 4,100.00 1,100.00 1,100.00 4.437.50 S 52,337.50 All Category 5 wire will be Plenum rated. All Category 5 vrire will be Standards. Printed test results will be provided. Distribution fiber will be 62.5 /125 micron, tight buffered, multi -mode, Floor to the East Virg 14 Floor Closet and the South Vulg. The fiber light power meter and results provided. Please feel free to call me at (360) 459 -1223 with any questions regarding this cost estimate. All system components have a one -year factory warranty. JBK Communications, Inc. will provide a one- year warranty on all materials and workmanship We also provide all miscellaneous equipment needed for installation. JBK Communications Inc. is highly qualified with over 70 years of combined experience in the telephone industry, most of which has been in the Olympia area, dealing with State agencies. Our employees are paid prevailing wages. As a local company, we can respond quickly to any repair problems that may arise. We can complete the installation by your required due date providing that there are no more than a reasonable number of changes to the original specifications_ Any delays to the job caused by contracted companies other than RIK Communications, Inc., may result in additional time and/or travel rharges. Any customer changes may result in additional time, materials and travel charges. installed and tested per EIA/TIA 568 6 strand fiber from the server room on the l will be tested for continuity and loss with a Thank you for considering my company for the opportunity to serve you. Sincerely, Robert J. Fitzgerald RCDD President/JBK Communications, Inc. 2] 03