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HomeMy WebLinkAbout03-20 Resolution No. 03-20 RESOLUTION AUTHORIZING EXECUTION OF A METROPOLITAN AREA NETWORK CONSTRUCTION AGREEMENT WITH ACRUX CABLING, LLC BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, be and is hereby authorized and directed to execute a Metropolitan Area Network Construction Agreement on behalf of the City of Elgin with ACRUX Cabling, LLC for phase two construction of an Elgin Metropolitan Area Fiber Optic Network, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: February 12 , 2003 Adopted: February 12 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk METROPOLITAN AREA NETWORK CONSTRUCTION AGREEMENT This Agreement is made and entered this /SETH day of & , 2003 by and between the City of Elgin ("City"), an Illinois municipal corporation and ACRUX Cabling, LLC ("Contractor") having a principle place of business at 5049 27th Avenue, Rockford, IL 61109, incorporated in the State of Illinois. WHEREAS, on December 21, 2001 the City released an Invitation for Bids 01-157 entitled Metropolitan Area Network; WHEREAS, Contractor submitted a timely bid on February 19, 2002 and WHEREAS, the City Council has deemed Contractor to have submitted the most advantageous proposal for Metropolitan Area Network, hereinafter referred to as "Work;" NOW THEREFORE, in consideration of the mutual covenants herein set forth, the sufficiency of which is hereby acknowledges, the parties hereto hereby agree as follows: 1. Scope of Work- Contract Documents. Contractor shall furnish, except as may otherwise be provided in writing, all labor, services, materials, tools, and equipment for the construction and completion of the Work proposed to be done under this Agreement. Contractor will construct and complete the Work in a thorough and workmanlike manner in every respect to the satisfaction and approval of the City, within the time specified herein and in strict accordance with the agreement, including without limitation the following documents: this Agreement and any Addenda thereto; the City Request for Proposals; the Contractor's proposal response thereto, including any addenda or clarifications; Bonds; Notice of Award; Notice to Proceed; and any modifications, change orders, field orders, or other similar revisions properly authorized after the execution of this Agreement. The Standard Specifications for Road and Bridge Construction, adopted January 1, 1997 by the Illinois Department of Transportation, in effect on the date of contract award is incorporated by reference herein and is made a part of the Contract Documents. All of the said documents are hereby made a part of this Agreement and form the contract documents as fully as if the same were set forth at length herein. 2. Description of Project- Completion. Contractor shall perform all of the Work except as otherwise stated within this Agreement pursuant to the specifications stated in the Contractor's original proposal dated March 8, 2002, and Contractor's best and final proposal dated April 23, 2002 ("Contractor's specifications") attached to and incorporated into the Agreement as `Exhibit A", and pursuant to the City's Request for Proposal under RFP 01-157 entitled Metropolitan Area Network. In case of any conflict between the Contractor's specifications and the City's Standards and Specifications, the City's Standards and Specifications shall control unless otherwise indicated herein. Contractor shall be responsible for providing barricading and traffic control, for insuring the safety of the public during the performance of the Work, in accordance with the Manual on Uniform Traffic Control Devices and the requirements of the City, and for maintaining access through the area in which the Work is to be performed. 3. Relationship of Contractor to City. The Contractor accepts the relationship of trust and confidence established between it and the City by this Agreement. Contractor covenants with the City to furnish its best skill and judgment and to cooperate with the City's Project Manager and all other persons and entities in furthering the interests of the City. Contractor agrees to furnish efficient business administration and superintendence and to use its best efforts to furnish at all times an adequate supply of workers and materials, and to perform the Work in the best way and in the most expeditious and economical manner consistent with the interests of the City. 4. Contractor's Representations. In order to induce the City to enter into this Agreement, the Contractor makes the following representations: a. The Contractor has familiarized itself with the nature and the extent of the contract documents, Work, the locality, all physical characteristics of the area, including without limitation, improvements, soil conditions, drainage, topography, and all other features of the terrain, and with the local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the Work, or apply in any manner whatsoever to the Work. b. Contractor has carefully considered all physical conditions at the site and existing facilities affecting cost, progress, or performance of the Work. c. Contractor has given the City written notice of all conflicts, errors, or discrepancies that it has discovered in the contract documents and such documents are acceptable to the Contractor. d. CONTRACTOR represents he has made a reasonable inspection of the construction site and hereby voluntarily waives the incorporation of the provisions of 30 ILCS 557/1 et seq. and represents that the negotiated contract price is the sole consideration for the construction of the improvement described in this contract. Further, OWNER shall not be liable to CONTRACTOR for any amount of money over the negotiated contract price. 5. Project Manager. The City's Project Manager, for the purposes of the contract documents is the following or such other person as the City may designate in writing: Jeffery D. Massey, MIS Director. 6. Time of Commencement and Completion. a. The Work shall be completed according to phases established by the City. No Work shall be commenced by the Contractor until after a pre-construction meeting of the Contractor, the City Engineer, and other City representatives as appropriate. b. Prompt completion of the Work is essential to the City. Time is of the essence in all respects regarding this Agreement and the Work. Contractor shall carry out construction of the project with all due diligence. Subject to allowances agreed to by the City and Contractor for bad weather working days, substantial completion of the project shall be achieved by no later than 120 calendar days after the date on which the Contractor commences work, but in no event shall such substantial completion occur later than September 1, 2003. For the purposes of this Agreement, "substantial completion" is defined as the time at which the Work has progressed to the point where, in the opinion of City, the Work is sufficiently complete, in accordance with the Contract Documents, so that the Work can be utilized for the purposes for which it is intended. c. City and Contractor agree that as reasonable liquidated damages for delay(but not as a penalty) Contractor shall pay City$100 for each day beyond the time specified for Substantial Completion in the Contract Documents. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the times specified in the Contract Documents (hereinafter referred to as "Contract Times") or any proper extension thereof granted by City, Contractor shall pay City $ 100.00 for each day beyond the time for Final Completion. d. Delays and Damages. In the event Contractor is delayed in the prosecution and completion of the Work or achievement of any Contract Times because of any delays caused by City or Engineer, Contractor shall have no claim against City or Engineer for damages or contract adjustment other than an extension of the Contract Times as provided herein and the waiving of liquidated damages during the period occasioned by the delay. 7. Payment. The City agrees to pay, and Contractor agrees to accept, in full payment for the performance of this Agreement, an amount not to exceed $ 563,230 dollars. Unit prices shall not exceed those shown in Exhibit B attached hereto and incorporated herein by reference. City shall withhold, from all payments prior to Substantial Completion, an amount equal to up to ten percent (10%) of work completed, at City's sole discretion. Upon Substantial Completion, City may release a portion of the retainage to Contractor, retaining at all times an amount sufficient to cover the cost of the Work remaining to be completed, at City's sole discretion. The time for payment of any retainage from City to Contractor shall be at City's sole discretion. Such payment shall not be unreasonably withheld. 8. Scope of Payment. The Contractor shall accept the compensation, as herein provided, in full payment for furnishing all materials, equipment, labor, tools, and incidentals necessary to complete the Work and for performing all work contemplated and embraced under this Agreement. Compensation shall also include loss or damage caused by the nature of the Work, the action of the elements, or any unforeseen difficulties which may be encountered during the prosecution of the Work, for all expenses incurred in consequence of the suspension or discontinuance of the Work as herein specified, and for any infringement of patent, trademark, or copyright. Compensation shall be for completing the Work according to the plans, specifications, and all contract documents. Neither the payment of any estimate or progress payment nor the payment of any retained percentage shall relieve the Contractor of any obligations to correct any defective work or material. No funds, payable under this Agreement or any part thereof, shall become due and payable, if the City so elects, until the Contractor shall satisfy the City that it has fully settled or paid for all materials and equipment used in or upon the work and labor done in connection therewith. The City may pay any or all such claims or bills, wholly or in part, and deduct the amount or amounts so paid from any funds due Contractor. In the event the surety on any contract, performance bond, payment bond, or warranty bond given by the Contractor becomes insolvent, or is placed in the hands of a receiver, or has its right to do business in the state revoked, the City may withhold payment of funds due Contractor until the Contractor has provided a bond or other security to the satisfaction of the City in lieu of the bond so executed by such surety. 9. Application for Progress Payment. By the 15th day of each month, Contractor shall submit to the City for review and approval, an application for payment fully completed and signed by Contractor covering the Work completed through the last day of the prior month and accompanied by such supporting documentation as is required by these contract documents, including without limitation, time sheets, invoices, receipts, bills of lading, and all other documents the City may require. Materials on hand but not complete in place may not be included for payment at the discretion of the City. Each subsequent application for payment shall include an affidavit of Contractor providing that all previous progress payments received on account of the Work have been applied to discharge in full all of Contractor's obligations reflected in prior applications for payment. Notwithstanding the progress payments, it is the intent and purpose of the City to withhold ten percent (10%) of payments to Contractor until final payment. 10. Ownership of Plans, Specifications, and Documents. Except for Contractor's executed set, all of the plans and the contract documents are the property of the City. Contractor shall be provided plans, specifications, permits, and other documents and materials required to perform the Work. The plans and specifications are not to be used on other Work, and all sets shall be returned to City at the completion or cessation of the Work or termination of this Agreement. 11. No Personal Liability. In carrying out any of the provisions of this Agreement or in exercising any power or authority thereby, there shall be no personal liability of the City, its governing body, staff, consultants, officials, attorneys, representatives, agents, or employees. 12. Observation of All Laws. It is assumed that Contractor is familiar with all federal, state, and local laws, codes, ordinances, and regulations which in any manner affect those engaged or employed in the work or the material or equipment used in or upon the site, or in any way affect the conduct of the work or construction of the project. No pleas or claims of misunderstanding or ignorance by Contractor shall in any way serve to modify the provisions of the Agreement. Contractor shall at all times observe and comply with all federal, state, county, local, and municipal laws, codes, ordinances, and regulations in any manner affecting the conduct of the work or the project. 13. Agreement Provisions Prevail. The intent and purpose of this Agreement and the construction documents is to complement each other; however, the terms and provisions of this Agreement shall prevail regarding differences in, discrepancies with, or conflicts of, terms or provisions contained in other contract documents. 14. Contractor's Responsibility for Work. Until the final acceptance of the Work by the City in writing, Contractor shall have the charge and care thereof, and shall take every necessary precaution against injury or damage to any part thereof by the effects of the elements or from any other cause. Contractor, at its own expense, shall rebuild, repair, restore, and correct all injuries or damages to any portion of the Work occasioned by any causes before its completion and acceptance. In case of suspension of Work from any cause whatsoever, Contractor shall be responsible for all materials and shall properly store same, if necessary, and shall provide suitable drainage, barricades, and warning signs where necessary. Contractor shall correct or replace, at its own expense and as required by City, any material which may be destroyed, lost, damaged, or in any way made useless for the purpose and use intended by the contract documents, plans, and specifications prior to final acceptance of the Work, or portions thereof. Contractor shall be relieved of the responsibilities provided in this section upon final acceptance of the Work by City, except no such relief shall apply to damages or injuries caused by or related to actions of Contractor or its subcontractors. 15. Termination of Contractor's Responsibility. The project will be considered complete when all Work has been finished, the final inspection made, and the Work accepted by City in writing, and all claims for payment of labor, materials, or services of any kind used in connection with the work thereof have been paid or settled by Contractor or its surety. Contractor will then be released from further obligation except as set forth in the surety bond, and except as required in this Agreement and the contract documents regarding the Contractor's guaranty of Work. 16. Indemnification. To the fullest extent permitted by law, Contractor agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Contractor or Contractor's officers, employees, agents or subcontractors in the performance of this agreement. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. 17. Insurance and Bonds. The Contractor shall not commence work under this Agreement until it has obtained all insurance required by the contract documents and such insurance has been approved by City. The Contractor shall not allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been obtained and approved. For the duration of this Agreement, the Contractor must maintain the insurance coverage required in this section. Each policy must list the City as an additional insured. The Contractor and all Subcontractors waive subrogation rights against the City for all losses. Such insurance shall apply as primary insurance with respect to any other insurance or self-insurance program afforded to the City of Elgin. There shall be no endorsement or modification of such insurance to make it excess over other available insurance, and alternatively, if the insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to the City of Elgin. The insurance required shall include all major division of coverage and shall be on a comprehensive general basis including Premise and Operations (including X-C-U), Products and Completed Operations, and Owned, Non-owned, Leased, and Hired Motor Vehicles. Such insurance shall be written for not less than any limits of liability required by law or the following limits, whichever are greater: Commercial Liability General Aggregate $2 Million Products Completed Operations Aggregate $1 Million Personal Injury and Advertising Limit $1 Million Each Occurrence $1 Million Automotive-for all owned, non-owned, hired and leased vehicles Combined single limit $1 Million or Bodily injury- each person $500,000 each accident $1 Million Property damage-each occurrence $1 Million Umbrella Combined single limit $2 Million General aggregate $2 Million Worker's Compensation Statutory $1 Million Employer's Liability $100,000 Builder's Risk $ contract amount The Contractor may purchase and maintain excess liability insurance in the umbrella form in order to satisfy the limits of liability required for the insurance to be purchased and maintained in accordance with the requirements set forth above. Any such amounts must be in addition to the umbrella limits required, must list all underlying policies, and must list the City as an additional insured. Evidence of such excess liability shall be delivered to the City in the same form and manner as the required insurance policies. The City reserves the right, at its sole discretion, to amend the insurance requirements contained herein. All insurance shall be written on an occurrence basis, unless the City approves in writing coverage on a claims-made basis. Coverages whether written on an occurrence or a claims-made basis shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment. Certificates of Insurance acceptable to the City and confirming the insurance coverage required herein are attached to the Contract. The City shall have no obligation to execute the Contract and may award the Contract to the next lowest responsible and responsive bidder, if such insurance certificates have not been provided to the City within five (5) business days after presentation of the Contract to the Contractor for execution. The Contractor shall furnish to the City copies of any endorsements that are subsequently issued amending limits of coverage. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the City may immediately terminate the contract, or at its discretion may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the City shall be repaid by Contractor to the City upon demand, or the City may offset the cost of the premiums against any monies due to Contractor from the Owner. Contractor shall furnish a performance bond, payment bond, and warranty bond in an amount determined by the Project Manager, but in any event at least equal to the contract price, as security for the faithful performance and payment of all Contractor's obligations under the contract documents, including but not limited to the guaranty period provided in Section 20. These bonds shall remain in effect at least until 30 days after the date of final payment. All bonds shall be in the forms prescribed by the contract documents and be executed by such sureties as (i) are licensed to conduct business in the State of Illinois and (ii) are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570, amended, by the Audit Staff, Bureau of Account, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business in Illinois is terminated, or it ceases to meet the requirements of clauses (i) and (ii) of this section, Contractor shall, within five (5) days thereafter, substitute another bond and surety, both of which shall be acceptable to the City. 18. Evidence of Satisfaction of Liens. Contractor shall provide City with written evidence that all persons who have done work or furnished material under this Agreement and are entitled to liens therefor under any laws of the State of Illinois have been fully paid or are not entitled to such liens. Final payment shall not be made to Contractor until the City is reasonably satisfied that all claims or liens have been satisfied by Contractor. 19. Acceptance of Work. No act of the City, or of any representative thereof, either in superintending or directing the Work, or any extension of time for the completion of the Work, shall be regarded as an acceptance of such Work or any part thereof, or of materials used therein, either wholly or in part. Acceptance shall be evidenced only by the final certificate of City. Before any final certificate shall be issued, Contractor shall execute an affidavit on the certificate that it accepts the same in full payment and settlement of all claims on account of work done and materials furnished under this contract, and that all claims for materials provided or labor performed have been paid or set aside in full. No waiver of any breach of this contract by City or anyone acting on their behalf shall be held as a waiver of any other subsequent breach thereof. Any remedies provided herein shall be cumulative. 20. Guaranty of Work. Contractor agrees to guarantee all work under this Agreement for a period of one year from the date of final acceptance by the City. If any unsatisfactory condition or damage develops within the time of this guaranty due to materials or workmanship that are defective, inferior, or not in accordance with the Agreement, as reasonably determined by City, then the Contractor shall, when notified by City, immediately place such guaranteed work in a condition satisfactory to City. The City shall have all available remedies to enforce such guaranty, except that City shall not have any work performed independently to fulfill such guaranty and require Contractor to pay City such sums as were expended by the City for such work, unless the City has first given notice to the Contractor of the deficiency and given the Contractor a reasonable opportunity to cure the same. 21. Costs and Attorneys' Fees. In addition to the indemnification provisions of this Agreement and the contract documents, and provided that the City is not in material default of this Agreement or the direct cause of litigation, the Contractor shall be responsible for and pay the City for all of the costs, expert, and attorneys' fees related to litigation or other forms of dispute resolution arising out of any matter related to this Agreement, the contract documents, or the Work. 22. Change Orders. Change orders, as defined in Section 5.04.005 of the Elgin Municipal Code 1976, as amended, and Section 33E-9 of the Illinois Criminal Code of 1961, as amended (720 ILCS 5/33E-9), shall be subject to the approval of the Elgin City Council before becoming effective. a. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the Contractor to the City Project Manager. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price shall be determined as follows: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved; or 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum. b. Change of Contract Times The Contract Times (or Milestones) may only be changed by a Change Order authorized by the City Council or by a Written Amendment authorized by the City Council. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the other party to the Contract. 23. No Assignment. No assignment or delegation by a party hereto of any rights under, obligations or interests in the Agreement shall be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law); and unless specifically stated to the contrary in any written consent to an assignment, no assignment shall release or discharge the assignor from any duty or responsibility under the Contract Documents. 24. Governing Law. This Agreement shall be deemed entered into in Kane County, Illinois, and shall be governed by the laws of the State of Illinois. The parties agree to the jurisdiction and venue of the Circuit Court of Kane County in connection with any dispute arising out of or in any matter connected with this Agreement. 25. Subcontracting. It is understood and agreed that the employment of the Contractor by the City for the purposes of said project shall be exclusive, but the Contractor shall have the right to employ such assistance as may be required for the performance of the project. Said Contractor shall be responsible for the compensation, insurance, and all clerical detail involved in the employment of said assistance. 26. Equal Opportunity Employer. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disability or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, age, sex, disability, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, 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, notice to be provided by an agency of the federal government, setting forth the provisions of the Equal Opportunity Laws. The Contractor shall be in compliance with the appropriate provisions of the American with Disabilities Act of 1990 as enacted and from time to time amQnded and any other applicable federal regulation. A signed, written certificate stating compliance with the Americans with Disabilities Act may be requested at any time during the life of any purchase order or contract and with any new purchase order or contract issued by the City. 27. Independent Contractor. Contractor and any persons employed by Contractor for the performance of work hereunder shall be independent contractors and not employees or agents of the City. Nothing herein shall be construed as establishing a quality standard for any individual, or as establishing any right on the part of the City to oversee the actual work of the Contractor or to instruct any individual as to how the Work will be performed. Contractor shall have the right to employ such assistance as may be required for the performance of work under this Agreement. Said Contractor shall be responsible for the compensation, insurance, and all clerical detail pertaining to such assistants, and shall be solely responsible for providing any training, tools, benefits, materials, and equipment. IN WITNESS WHEREOF, City and Contractor have signed this Agreement. One counterpart each has been delivered to City, Contractor and Surety. This Agreement shall be effective on: & 1_P CITY CONTRACTOR: By: By , Title C s, Title: FEIN# 3,9—G o Iz G j3 Address for giving notices: Address for giving notices: Mr. Jeff Massey Rich Elk 150 Dexter Court Acrux Cabling, LLC Elgin IL 60120 504927 1h Ave Rockford, IL 61109 Exhibit A Phases P- A comprehensive Fiber Optic MAN Proposal prepared for: City Of Agin 150 Dexter Court Elgin, IL 60120 MAN Fiber Optic Backbones /Design and Installation for City Of Elgin Metropolitan Area Network RFP No. 01-157 Prepared by: Kip Armstrong & Brian Vargyas A CRUX Cabling, L.L.C. & Notwires,.L.L.C. March 8th, 2002 The content of this document has been expressly prepared for the City of Elgin and is the property of ACRUX Cabling, L.L.C., Notwires, LLC and may not be disclosed in whole or in part to any third party without the prior written consent ACRUX Cabling&Notwires. ACRUX Cabling/Notwires—Elgin MAN Proposal Elgin MAN Preliminary Proposal Response to RFP No. 01-157 ACRUX Cabling, LLC & NotWires LLC 1. Introduction The purpose of this proposal is to satisfy and/or exceed the requirements issues by the City of Elgin for a City owned Metropolitan Area Network. The main objective is to procure,install,configure,test and provide ongoing network management services for a Metropolitan Area Network connecting several municipal Facilities_ This response is provided through a joint venture between ACRUX Cabling and Notwires bringing the complete solution_ This proposal is divided into several functional sections.ACRUX/Notwires believe to be the best fit provider for this project with the following dear advantages, • Meet and exceed in certain areas the project and technical requirements for this proposal, including delivering a completely City owned fiber managed network; • Contractor has local established presence with a footprint of customers within the residential market and school district which is consistent with the long term vision of privatetpublic collaboration intended by the City to expand infrastructure capacity and provoke economic development. • Solutions driven, proposal includes fiber build and network electronic components.Additionally included are network installation,management and proven capabilities beyond imrnediate required work in areas directly related to maximizing the MAN,including hosting,wireless transport service and application services_ • Quality of service,technical depth of our staff and overall value. ACRUX/Notwires gladly look forward to the opportunity to engage on this project and to expand its long-term relationship with the City of Elgin. Authorized individuals to bind offer or contractually and contact information as follow, ing,LL.0 C l(ipArms troM Orlando Sales Manager President 5046 27�'Avenue 3108 S. Route 59 Suite 124/266 Rockford,Illinois 61109 Naperville,IL 60564 Phone:815-397A680 Phone:630-563-4102 Fax:815-397-4682 Fax:630-563-4102 3 ACRUX Cabling,LLC—Elgin Fiber Optic MAN Proposal Elgin MAN Preliminary Proposal Response to RFP No. 01-157(Revised) ACRUX Cabling, LL This proposal meets and in some cases exceeds the original scope required within the RFP.Some of the features of the proposed architecture are; • A completely City owned network instead of lease capacity through other carrier. • Connectivity between sites can be at GB Ethemet far exceeding 100Mbps required Single internelworking equipment connecting backbone links and LAN users reducing equipment requirements. • Network as deployed will be capable of data,voice and video from day-1. • Contractor is a service provider has the ability to provide additional Internet transit capacity to accommodate growth. ACRUX Cabling We bring extensive experience on all types of Voice, Data and Fiber Optic Cable Installations.We also design and implement wide area networks utilizing Telecommunication Circuits, Cisco and Proxim Radio Frequency Systems and Wireless Laser Communications. Cabling Services Belden is typically the manufacturer that wee use for copper cable.We are a Belden Registered Installation Contractor and can offer a Belden 20 year Manufactures Warranty on our installations. Siecor is our vendor of choice for all Fiber Optic products. We are certified in Fiber Optic Installation, Terminations, Fusion Splicing and, OTDR Testing_ While we can use the crimp on fiber connectors currently on the market,we prefer to use the more reliable hand polished W curing method. ACRUX Cabling also provides Outside Plant Installations utilizing Outdoor Trenching, Directional Boring and Aerial Cable Placement. We also have experience in large campus cable design, maintenance and placement,and numerous outside plant installations including placed manholes and underground dud runs. Mreless Networks ACRUX Cabling provides Wireless Wide Area Networks and Local Area Networks in 11 Mbps designs. Since 1996,we have installed over 300 wireless systems in businesses, hospitals and school districts throughout Northern Illinois. With the reduced cost of Cisco�4ironet 11Mbps systems, the number of installations we are encountering is climbing rapidly. ACRUX Communications can also provide Proxim Fligh Speed Wireless Wide Area Networks in 20Mbps and 100Mbps full duplex designs. ACRUX Cabling does not sub-contract any part of the Wireless network instanation. ACRUX ACRUX Cabling,LLC—Elgin Fiber Optic MAN Proposal Coverage Area Typically,ACRUX Cabling has crews working across Northem Illinois from 1-80 to the Wisconsin border and from the Indiana border to the Mississippi River. We also have crews in the Madison, Galesburg and Macomb areas on a regular basis. For larger corporate customers with specific needs and requirements we are able to send crews almost anywhere in the country. Certifications ➢ Aironet Authorized Reseller ➢ Proxim Authorized Reseller ➢ Belden Registered Installation Contractor ➢ Cisco Premier Partner ➢ Siecor Authorized Reseller Benefits of ACRUX Cabling,LLC. ➢ Flexible Scheduling and Timely Installations ➢ Bonded and Insured Union Installation Technicians ➢ Simultaneous(mutti-site)Roll-Out Capability ➢ Complete Turnkey Solutions: Design and Implementation(large or small) ➢ Statewide Installation Service on Voice,Data,Video and Fiber Optic Cabling ➢ Projects Meet and Exceed Local&National Electrical Codes and Industry Standards ➢ Dedicated Project Manager for each Installation(large or will) ➢ AIt Installations are Accurately Tested, Labeled and Documented Outside Plant Fiber Optic Installation Reference List Western Illinois University Sherman Hall Macomb, Illinois Contact:Cindy Moore Phone:(309)-298-1709 Project.Over 6 miles of fiber and voice backbones throughout campus Gallatin River Communications Galesburg,Illinois Contact:Patrick Horariey Phone:(309)-345-5208 Project:Over 6 miles of fiber and voice backbones throughout campus Swedish American Hospital 1400 Charles Street Rockford,Illinois 61104 Contact: Phone:(815)-968-4400 Project:Multiple fiber optic backbone connections between main hospital remote building sites and fiber optic backbones throughout Swedish American Hospital lGshmukee Community Hospital 626 Bethany Road Dekalb,Illinois 60115 Contact:Mr.Jeffrey Reifsteck , ACRUX ACRUX Cabling,LLC—Elgin Fiber Optic MAN Proposal Phone:(815)-756-1521 ext.8956 Project:WWAN between main hospital and 6 remote building sites and multiple fiber backbones throughout IGshwaukee Community Hospital Indian Prairie School District 204 780 Shoreline Drive Aurora,Illinois 60504 Contact:EL Smith Phone:(630)-375-3094 Project:WWAN between main hospital and 6 remote building sites and multiple fiber backbones throughout schools in district Scope of Service The purpose of this proposal is for a complete finer design and implementation for a Fiber Optic Metropolitan Area Network for the City of Qgin. City of Elgin Fiber Optic MAN Site Survey and Design The City of Elgin is currently considering the installation of fiber optic cable located throughout much of the City through sewer lines as an alternative to direct bury methods.Were physical conditions prohibit the use of traditional plowing,trenching or directional bore methods of installation,use of sewers is an excellent choice. One of the disadvantages of sewer line installation is if cable becomes damaged repair costs will be a costly endeavor.There will be no service loops or access to allow for splicing of damaged fiber.Also installation of any additional fiber optic cabling in the same route would incur similar installation costs as the original project While the installation utilizing sewer lines in highly congested areas such as downtown Chicago would be an excellent choice,the City of Elgin's Fiber Optic MAN can be installed utilizing traditional installation methods offering the City of Fin a number of advantages over sewer line installation. ACRUX Cabling's proposal will utilize 1 '/inch smooth wall innerduct and places hand holes approximately every 1,500ft 2,000ft.Each of the handholes will contain 50ft 75ft of the appropriate fiber optic cable size.If a fiber optic cable is damaged this coil will allow cable to be pulled in either direction so that a repair can be made.Coils would also allow for easy connection of additional nodes to the fiber optic cable. The City of Elgin has expressed an interest in providing and charging business entities for use fiber optic cable for data and voice services.If fiber optic cable is installed in the City of Elgin sewer system access to make these fiber optic connections will be costly if possible at all.Our approach maldng these connections would be relatively easy and can be done at almost any point in the fiber installation. ACRUX Cabling has evaluated all fiber optic cable installation pathways between sites and has conducted a detailed Site Survey to connect the City of Elgin building sites and three public building sites within the Metropolitan Area Network. The following details the MAN locations and the sites they are connected to for the fiber optic installation and design based on the criteria set forth in the Request for Proposal by the City of Elgin. ACRUX ACRUX Cabling,LLC—Elgin Fiber Optic MAN Proposal Included are the appradmate fiber optic cable lengths between sites,single-mode fiber optic cable and associated parts,hand holes,sweeps to building,splice closures, 1 1/2 smooth wall innerduct,building transitions,warming signs for fiber optic cable,wait signage and permits as required for a complete installation are included as part of this Scope of Work. General Specifications and Assumptions: ➢ Arry trenching perfomned for the installation of the 1 1/2"Sub-Duct would include ground restoration. ➢ AN hand holes will have bolt down covers and have"City of Elgin"stamped on the cover. ➢ Fiber Optic Cable will be blown in so no pull rope is required. AC;KUN ACRUX Cabling,LLC—Elgin Fiber Optic MAN Proposal ➢ ACRUX will install buried fiber optic warning signs as required between the building sites. Segment#6 Lords Park Pavilion Building to Lords Park Maintenance Office Directional Boringllnstallation of 11/2"Subduct and 12-strand Single Mode FiberlFusion Splicing/ Pullboxes/Building Transitions(1.5801t.) ➢ ACRUX will directional bore/trench from the Lords Park Pavilion Building to the Lords Park Maintenance Office Building. ACRUX will install a Siecor 12-strand Single Mode OSP Dud Fiber Optic Cable in 11/2"Sub-Dud between the Lords Paris Pavilion and Lords Park Maintenance Office Building site. ➢ ACRUX will install 3"conduit transitions with the appropriate sweeps into the buildings at the Wing Paris Maintenance Office building site. ➢ ACRUX will install one(1)24-fiber FDC(Fiber Distribution Center)with the appropriate Single- Mode Fiber Optic Panel inserts at the building's Network Room. ➢ ACRUX will install the appropriate LC Single-Mode Pigtail Connectors at the Lords Park Maintenance Office Network Room. ➢ ACRUX will install buried fiber optic warning signs as required between the building sites. ➢ ACRUX will install the appropriate hangers/damps for the Fiber Optic Cable runs to the Network Room Fiber Distribution Pant of the location. ➢ ACRUX will label all Fiber-Optic Cables at all temmnation points. ➢ ACRUX will install buried fiber optic warning signs as required between the building sites. Segment#6 Lords Park Maintenance Office to Lords Park Pool Building Directional Borina/Installation of 11/2"Subduct and 6-strand Single Mode Fiber/Fusion Splicing/Pullboxes/ Building Transitions(800it.) ➢ ACRUX will directional bore/trench frorn the Lords Paris Maintenance Office Building to the Lords Park Pod Building. ACRUX will install a Siecor 6-strand Single Mode OSP Duct Fiber Optic Cable in 1 1/2"Sub-Dud between the Lords Park Maintenance Office Building and Lords Park Pod Building site. ➢ ACRUX will install 3"conduit transitions with the appropriate sweeps into the buildings at the Lords Park Pod Building site. ➢ ACRUX will install one(1)24-fiber FDC(Fiber Distribution Center)with the appropriate Single- Mode Fiber Optic Panel inserts at the building's Network Room. ➢ ACRUX will install the appropriate LC Single-Mode Pigtail Connectors at the Lords Park Pod Building Network Room. ➢ ACRUX will install buried fiber optic warning signs as required between the building sites. ➢ ACRUX will install the appropriate hangers(damps for the Fiber Optic Cable runs to the Network Room Fiber Distribution Point of the location. ➢ ACRUX will label all Fiber-Optic Cables at all termination pants. ACRUX ACRUX Cabling,LLC—Elgin Fiber Optic MAN Proposal ➢ ACRUX will install buried fiber optic warning signs as required between the building sites. Total Price Segment#6 for all Materials and Installation Labor above.......................$89,940.00 Segment#7 Fire Station#5 to Bluff City Cemetery Directional Boring/Installation of 11/2" Subduct and 12-strand Single Mode Fiber/Fusion Splicing/Pullboxes/Building Transitions 3 8{ , 15% ➢ ACRUX will directional bore/trench from Fire Station#5 to the Bluff City Cemetery Budding. ACRUX will install a Siecor 12-strand Single Mode OSP Duct Fiber Optic Cable in 1 12"Sub-Dud between the building sites. ➢ ACRUX will install 3°conduit transitions with the appropriate sweeps into the buildings at the Bluff City Cemetery building site. ➢ ACRUX will install one(1)24-fiber FDC(Fiber Distribution Center)with the appropriate Single- Mode Fiber Optic Panel inserts at the building's Network Rooms. ➢ ACRUX will install the appropriate LC Single-Mode Pigtail Connectors at the Bluff City Cemetery Building Network Room. ➢ ACRUX will install buried fiber optic waming signs as required between the building sites. ➢ ACRUX will install the appropriate hangers/clamps for the Fiber Optic Cable runs to the Network Room Fiber Distribution Point of the location. ➢ ACRUX will label all Fiber-Optic Cables at all termination points. ➢ ACRUX will install buried fiber optic warning signs as required between the building sites. Total Price Segment#7 for all Materials and Installation Labor above.......................$82,630.00 Segment#8 Elgin City Hall to U-46 Administrative Building Directional Bodwnstallation of 11/2"Subduct 24-strand Single Mode Fiber/Fusion Splicing/Pullboxes/Building Transitions 13,200%1 ➢ ACRUX will directional bore from the o Elgin City Hall to the U-46 Administrative Building as required and install a Siecor 24-strand Single Mode OSP Dud Fiber Optic Cable in 1 UT Sub- Dud between the building sites. ➢ ACRUX will install 3'X 4'X 36"hand holes as required every 1,500ft.-Z000ft.between the sites. ➢ ACRUX will install 3°conduit transitions with the appropriate sweeps into the buildings at the Old Public Works Building and the Elgin City Hall Building. ➢ ACRUX will install two(2)24-fiber FDC(Fiber Distribution Center)with the appropriate Single- Mode Fiber Optic Panel inserts at the building's Network Rooms. ➢ ACRUX will install the appropriate LC Single-Mode Pigtail Connectors at the Elgin City,Hall Building and U46 Administrative Building Network Rooms. ➢ ACRUX will install buried fiber optic warning signs as required between the building sites. , ACRUX ACRUX Cabling,LLC—Elgin Fiber Optic MAN Proposal ➢ ACRUX will install the appropriate hangers/damps for the Fiber Optic Cable runs to the Network Room Fiber Distribution Point of each location. ➢ ACRUX wilt label all Fiber-Optic Cables at all termination points. ➢ ACRUX will test all fiber-optic cables for dB loss and provide the City of Elgin with the test results on disk with the appropriate software to read the test results_ Toted Price Segment#8 for all Materials and Installation Labor above $85,700.00 Segment#9 Elgin Golf Course Clubhouse Building to Elgin Sports Complex Office Directional BonrKiAnstMlat3ion of 11/2"Subduct and 6 strand Single Mode Fiber/Fusion SpHcingl Pupboxest Buikhm Transrtrons(4 870ft.) ➢ ACRUX will directional bom t i nch from the Elgin Golf Course Building to the Elgin Sports Complex Offioe Building. ACRUX will instal a Siecor 12-strand Single Mode OSP Dud Fiber Optic Cable in 1 12°Sub4Xuct between the Agin Golf Course Budding and Eton Sports Complex Office Building site_ ➢ ACRUX will install 3°conduit transitions with the appropriate sweeps into the building at the Agin Sports Complex Office building site. ➢ ACRUX will install one(1)24-fiber FDC(Fiber Distribution Center)with the appropriate Single- Mode Fiber Optic Panel inserts at the building's Network Room- "I ACRUX ACRUX Cabling, LLC—Elgin Fiber Optic MAN Proposal ➢ ACRUX will install the appropriate LC Single-Mode Pigtail Connectors at the Elgin Sports Complex Office Network Room. ➢ ACRUX will install buried fiber optic warning signs as required between the building sites_ ➢ ACRUX will install the appropriate hangers/damps for the Fiber Optic Cable runs to the Netmxk Room Fiber Distribution Point of the location_ ➢ ACRUX will label all Fiber-Optic Cables at all termination points. ➢ ACRUX will install buried fiber optic warning signs as required between the building sites. Total Price Segment#9 for all Materials and Installation labor above S 6 0;800;oa ACRUX December 23`d, 2002 Jeff Massey City of Elgin 150 Dexter Court Elgin, IL 60120 Re: Crystal Street Handhole to Wing Park Golf Building Directional Boring/ Installation of 1Yz" HDPE/ Locator Wire/ Handhole/6-strand Single-Mode Altos Fiber Optic Cable/Terminations/Building Transitions (4,500 ft.) Dear: Jeff Thank you for requesting a quotation from ACRUX Cabling, LLC. This proposal covers the costs associated with Directional Boring, Locator Wire, Handhole, Conduit Building Transitions, and the installation of 1 1/2" HDPE (High Density Poly-Ethelene) and Single- Mode Fiber Optic Cable between the to be installed Crystal Street Handhole and the Wing Park Golf Building. The Scope of Work for this project is as follows: Scope of Work- Crystal Street Handhole to Wing Park Golf Building Directional Boring/Installation of 1%" HDPE/ Locator Wire/ Handhole/6-strand Single-Mode Altos Fiber Optic Cable/Terminations/ Building Transitions (4,500 ft.) ➢ ACRUX will directional bore/plow and install one (1) 1 1/2" Smooth Wall HDPE (High Density Poly-Ethelene) between the to be installed Crystal Street Handhole and the Wing Park Golf Building. ➢ ACRUX will install 14 AWG Locator Wire between the to be installed Crystal Street Handhole and the Wing Park Golf Building. ➢ ACRUX will install one (1) 30"X 48"X 36" hand holes between the to be installed Crystal Street Handhole and the Wing Park Golf Building. ➢ ACRUX will install a Seicor 12-strand Single-Mode Altos Fiber Optic Cable in the above 1 %2° Smooth Wall HDPE between the between the to be installed Crystal Street Handhole and the Wing Park Golf Building. ➢ ACRUX will install a fusion splice the Seicor 6-strand Single-Mode Altos Fiber Optic Cable in the North Crystal Street handhole above for the fiber optic connection to the Wing Park Golf Building. ACRUX ➢ ACRUX will install 3-inchConduit Sweep/Conduit for the Fiber Optic Cabling transition point of the building. All necessary materials the transition and sealing at the building identified above. ➢ ACRUX will install a 6-strand Single-Mode Riser Fiber Optic Cable from the above building transition point as required at Wing Park Golf Building. ➢ ACRUX will terminate all Single-Mode Fiber-Optic Cables on SC Pigtails on the appropriate fiber WICS (Wall Interconnect Centers) or the existing Rack Mounted Fiber Optic Distribution Center. The appropriate fiber panels will be used in the Main Network Room of the building identified above. ➢ ACRUX will install if the appropriate bridal-rings, O-rings/beam clamps for all cable runs from the Network Closet Communication Rack. ➢ ACRUX will test all Fiber Optic Cables, and verify all meet EIA/TIA Standards. ➢ ACRUX will label Fiber-Optic Cables at all termination points. Total Cost for Fiber Optic Installation of all Material and Labor above..$ 37 680.00 Additional Terms and Conditions ➢ All work will be completed during normal business hours, 7:00 AM — 3:30 PM. ➢ ACRUX will adhere to EIA/TIA test specifications including attenuation, near- crosstalk (NEXT), shorts/breaks, correct pairing, and cable length. ➢ Pricing is based on uninterrupted time present to the Scope of Work and ACRUX's terms and conditions. ➢ Pricing is valid until June 30`h, 2003. ➢ ACRUX will invoice the City of Elgin for thirty (30%) payable to ACRUX Cabling, L.L.C. to cover material costs upon signing of the project contract. ➢ ACRUX will monthly progress bill the City of Elgin based on work preformed and completed on the above project. ➢ Final payment is due within 30 days of completion of the project. ➢ Any outside (fiber or wireless) portion of proposal is dependent on non-threatening weather. This is required for the safety of field staff and quality of workmanship. Work will not proceed if temperature is below freezing with 5 mile/hour winds or above, 10 mile/hr or heavy snow or rainfall. ➢ Customer agrees to abide by the terms and conditions of use for any subscribe services. ➢ Some fiber routes for equipment interconnections are through existing fiber. Any single logical fiber path shall not exceed 32,000 feet in length. Additional equipment shall be required, at the customer expense, if this limit is exceeded. ACRUX December 23`d, 2002 Jeff Massey City of Elgin 150 Dexter Court Elgin, IL 60120 Re: Airlite Road Water Facility to Royal Blvd. Fire Station Directional Boring/ Installation of 1%" HDPE/ Locator Wire/ Handholes/ 12-strand Single-Mode Fiber Optic Cable/Terminations/ Building TransitionsO1,000 ft.) Dear: Jeff Thank you for requesting a quotation from ACRUX Cabling, LLC. This proposal covers the costs associated with Directional Boring, Locator Wire, Handholes, Conduit Building Transitions, and the installation of 1 1/2" HDPE (High Density Poly-Ethelene) and Single- Mode Fiber Optic Cable between the Airlite Road Water Facility and the Royal Blvd. Fire Station. The Scope of Work for this project is as follows: Scope of Work- Airlite Road Water Facility to Royal Blvd. Fire Station Directional Boring/Installation of 1'/2" HDPE/ Locator Wire/ Handholes/ 12-strand Single-Mode Fiber Optic Cable/Terminations/Building Transitions(11,000 ft.) ➢ ACRUX will directional bore and install one (1) 1 1/2" Smooth Wall HDPE (High Density Poly-Ethelene) between the Airlite Road Water Facility and the Royal Blvd. Fire Station. ➢ ACRUX will install 14 AWG Locator Wire between the Airlite Road Water Facility and the Royal Blvd. Fire Station. ➢ ACRUX will install three (3) 30"X 48" X 36" Handholes between the Airlite Road Water Facility and the Royal Blvd. Fire Station. ➢ ACRUX will install a Seicorl2-strand Single-Mode Altos Fiber Optic Cable in the above 1 '/2" Smooth Wall HDPE between the Airlite Road Water Facility and the Royal Blvd. Fire Station. ➢ ACRUX will install 3-inchConduit Sweeps/Conduit for the Fiber Optic Cabling transition points of both of the buildings. All necessary materials the transition and sealing at each of the buildings identified above. F!, ACRUX ➢ ACRUX will install a 12-strand Single-Mode Riser Fiber Optic Cable from the above building transition points as required at Airlite Road Water Facility and the Royal Blvd. Fire Station. ➢ ACRUX will terminate all Single-Mode Fiber-Optic Cables on SC Pigtails on the appropriate fiber WICS (Wall Interconnect Centers) or the existing Rack Mounted Fiber Optic Distribution Center. The appropriate fiber panels will be used in the Main Network Room of each of the buildings identified above. ➢ ACRUX will install if the appropriate bridal-rings, O-rings/beam clamps for all cable runs from the Network Closet Communication Rack. ➢ ACRUX will test all Fiber Optic Cables, and verify all meet EIA/TIA Standards. ➢ ACRUX will label Fiber-Optic Cables at all termination points. Total Cost for Fiber Optic Installation of all Material and Labor above..$ 107, 540.00 Additional Terms and Conditions ➢ All work will be completed during normal business hours, 7:00 AM — 3:30 PM. ➢ ACRUX will adhere to EIA/TIA test specifications including attenuation, near- crosstalk (NEXT), shorts/breaks, correct pairing, and cable length. ➢ Pricing is based on uninterrupted time present to the Scope of Work and ACRUX's terms and conditions. ➢ Pricing is valid until June 30 t', 2003. ➢ ACRUX will invoice the City of Elgin for thirty (30%) payable to ACRUX Cabling, L.L.C. to cover material costs upon signing of the project contract. ➢ ACRUX will monthly progress bill the City of Elgin based on work preformed and completed on the above project. ➢ Final payment is due within 30 days of completion of the project. ➢ Any outside (fiber or wireless) portion of proposal is dependent on non-threatening weather. This is required for the safety of field staff and quality of workmanship. Work will not proceed if temperature is below freezing with 5 mile/hour winds or above, 10 mile/hr or heavy snow or rainfall. ➢ Customer agrees to abide by the terms and conditions of use for any subscribe services. ➢ Some fiber routes for equipment interconnections are through existing fiber. Any single logical fiber path shall not exceed 32,000 feet in length. Additional,equipment shall be required, at the customer expense, if this limit is exceeded. F!, ACRUX December 23`d, 2002 Jeff Massey City of Elgin 150 Dexter Court Elgin, IL 60120 Re: Kimball Street Handhole to New Chicago Street Fire Station Directional Boring/Installation of 1'/2" HDPE/ Locator Wire/2 % inch Conduit Transition of Fox River Bridge/Handholes/24-strand/ 12-strand Single-Mode Altos Fiber Optic Cable/Terminations/ Building Transitions (8,000 ft.) Dear: Jeff Thank you for requesting a quotation from ACRUX Cabling, LLC. This proposal covers the costs associated with Directional Boring, Locator Wire, Handholes, Conduit Building Transitions, and the installation of 1 1/2" HDPE (High Density Poly-Ethelene) and Single- Mode Fiber Optic Cable between the existing Kimball Street Handhole and the New Chicago Street Building. The Scope of Work for this project is as follows: Scope of Work- Kimball Street Handhole to New Chicago Street Fire Station Directional Boring/Installation of 1'/Z" HDPE/ Locator Wire/2 '/z inch Conduit Transition of Fox River Bridge/ Handholes/24-strand / 12-strand Single-Mode Altos Fiber Optic Cable/Terminations/ Building Transitions (8,000 ft.) ➢ ACRUX will directional bore and install one (1) 1 1/2" Smooth Wall HDPE (High Density Poly-Ethelene) between the existing Kimball Street Handhole and the Kimball Street Bridge transition point. ➢ ACRUX will install a 2% inch Galvanized Conduit at the transition across the Fox River under the Kimball Street Bridge from the east side of the bridge to the west side of the bridge. ➢ ACRUX will a 2Y2 inch Galvanized Conduit as a transition under the Kimball Street Bridge from the south side of the bridge to the north side Electrical Pull-Box Conduit. ➢ ACRUX will install 14 AWG Locator Wire between the existing Kimball Street handhole and the New Chicago Street Fire Station Building. ➢ ACRUX will install three (3) 30"X 48"X 36" hand holes between the existing Kimball Street handhole and the New Chicago Street Fire Station Building. F!, ACRUX ➢ ACRUX will directional bore and install one (1) 1 1/2" Smooth Wall HDPE (High Density Poly-Ethelene) between the North Crystal Street handhole and the New Chicago Street Fire Station Building. ➢ ACRUX will install a Seicor 24-strand Single-Mode Altos Fiber Optic Cable in the above 1 V Smooth Wall HDPE between the existing Kimball Street handhole and the handole to be installed at Kimball Street and North Crystal Street. ➢ ACRUX will install a Seicor Fiber Splice Enclosure in the North Crystal Street handhole above for the fiber optic connections to the New Chicago Street Fire Station, Route 31/Kimball Street Traffic Light and the Wing Park Golf Building. ➢ ACRUX will fusion splice and pull-back a 6-strand Single-Mode Altos Fiber Optic Cable from the North Crystal Street handhole to the Route 31/Kimball Street Traffic Light Signal. ➢ ACRUX will fusion splice and install a 12-strand Single-Mode Altos Fiber Optic Cable from the North Crystal Street handhole to the New Chicago Street Fire Station Building. ➢ ACRUX will install 3-inchConduit Sweeps/Conduit for the Fiber Optic Cabling transition point of the building. All necessary materials the transition and sealing at each of the building identified above. ➢ ACRUX will install a 6-strand Single-Mode Riser Fiber Optic Cable from the above building transition points as required at the New Chicago Street Fire Station Building. ➢ ACRUX will terminate all Single-Mode Fiber-Optic Cables on SC Pigtails on the appropriate fiber WICS (Wall Interconnect Centers). The appropriate fiber panels will be used in the Main Network Room of each of the building identified above. ➢ ACRUX will install if the appropriate bridal-rings, O-rings/beam clamps for all cable runs from the Network Closet Communication Rack. ➢ ACRUX will test all Fiber Optic Cables, and verify all meet EIA/TIA Standards. ➢ ACRUX will label Fiber-Optic Cables at all termination points. Total Cost for Fiber Optic Installation of all Material and Labor above....$ 98, 940.00 Additional Terms and Conditions ➢ All work will be completed during normal business hours, 7:00 AM —3:30 PM. ➢ ACRUX will adhere to EIA/TIA test specifications including attenuation, near- crosstalk (NEXT), shorts/breaks, correct pairing, and cable length. "k, ACRUX ACRUX Cabling, LLC—Elgin Fiber Optic MAN Proposal 6. Price Proposal 6.2 Task 2—Segment Pricing for Installation of Underground Duct and Single Mode Fiber Optic Cable Segment 6—Fire Station 5 to Lords Park Facilities $ 89,940.00 Segment 7—Fire Station 5 to Bluff City Cemetery $ 82,630.00 Segment 8 —City Hall to School District U46 Admin Hub $ 85,700.00 Segment 9— Highlands Club House to Sports Complex Office $ 60,800.00 Segment 10—Crystal/Kimball St to Wing Park Club House $ 37,680.00 Total from MIS Capital Projects 275-0000-791.92-50...... $356,750.00 Segment 11 —Airlite Water Treatment Plant to Fire St 4 $107,540.00 Total from Water Fund Captial Segment 12 —City Hall to Area 77 Fire Station $ 98,940.00 Total from Area 77 Project Grand Total Phase 2 fiber project cost $563,230.00 ACRUX V 4. Standards and Comparative Evaluation Criteria Doc Section Title Support Comment A-1 Outside Plant Construction Standards ACCEPT ACRUX will not require any sewer conduit to satisfy the A-2 Underground Construction ACCEPT requirements under RFP Installed Inter-building Associated A-3 Structures ACCEPT A-4 Cable Routes and Labeling ACCEPT Approval Process for Proposed Installation A-5 in City Sewer ACCEPT Applicable as to satisfy processes for boring/trenching A-6 Submittals for Approval ACCEPT A-7 Installation of Cable ACCEPT Including all subsections as applicable Equipment Installation Guidelines and A-8 Requirements ACCEPT Including all subsections as applicable B Specifications and Definitions ACCEPT Including all subsections as applicable C Standards and Code References ACCEPT Including all subsections as applicable D Installation Process Requirements ACCEPT Including all subsections as applicable Installation Standards for Customer Premise E Equipment ACCEPT Including all subsections as applicable F-1 Equivalent Products ACCEPT G Category 5e Component Specification ACCEPT Including all subsections as applicable Fiber/Optic Multimedia Patch Panels and H Outlets ACCEPT Including all subsections as applicable VII Evaluation Criteria ACCEPT Including all subsections as applicable Elgin MAN Project MaCO. .. _ J.APr 03 _ Ms.y.fir..... ..._ Jun ...._.__ Jul'0 Aufl'� ..__........ SeP_' �. .__ ID Ea In MAN Phass Duration 90 days Mar A r Me Jun Jul Aug e _...... ._..........._.�_._..._.... -- 2 ..Apr___ ..._ _... _-....g_.. ._ Pep 2 Infrastructure Deployment 85 days - 3 ® Procurement 2 wks' crux 4 Site Installation and testing 65 days 5 Fiber Installation 13 wks 8� Infrastructure system testing 1 wk f�.Acrux 7 Customer acceptance testing 1 wk Elgin 8 Network Deployment 90 days 9 Design review 1 wk Elgln[50%) 10 Equip procurement&config 2 wks 11 _ Site Install and testing 15 days ;14 Network Equipment Installation 3 wks Networking system testing 1 wk Acrux[10%)'. Customer acceptance testing 1 wk ,Acrux[26%],Elgln[40%)i Task �^� Milestone External Tasks a'" �'•a +' Project;Infrastructure Deployment ry lit Sp Summa ' Date:Fri 3/8/02 ��� External Milestone Progress Project Summary Deadline 1;1, Pagel ALTOS* All-Dielectric Cables Corning 2-288 Fibers Cable Systems Description ALTOS*Dielectric cables are lightweight cables designed PE Jacket for duct and aerial(lashed)installation.The loose tube design R'p—d provides stable performance over a wide temperature range and . (a required)rs is compatible with any telecommunications grade optical fiber. WaterSwellable Tape Buffer Tube Features/Benefits Fibers (2 fibers�tube) • Flexible,craft-friendly buffer tubes are easy to route in (2 W—s per to e)Yam closures central Member • Standard buffer tube size reduces the number of access tools After required by craft personnel 4-fiber ALTOS Cable I Drawing zA-779 • Dry'cables,incorporating an innovative waterblocking design,eliminate the need for traditional flooding com- PE Jacket pound,providing efficient and craft-friendly cable preparation R4—d •• Dielectric strength Members(as required) • S-Z stranded,loose tube design isolates fibers from installa- WaterSwellable Tape don and environmental rigors and facilitates mid-span access Buffer Tube Fibers • Dielectric strength members have no preferential bend and (s gibes per tube) require no bonding or grounding WaterSwellable Yam • Medium density PE jacket is rugged,durable,and easy Central Member to strip 3"ber ALTOS Cable I Drawing ZA-" • Meets industry standards and specifications including ICEN-W and Telcordia,and is listed with RUS 1755900 PE Jacket Ripoord Dielectric strength Members(as required) WaterSwellable Tape Buffer Tube Fibers (12 fibers per tube) WafetSwellable Yam central Member 288-Fiber ALTOS Cable)Drawing z4-78o PE Outer lacket Dielectric S +s M b1�•4 Remben b( / Water-Swellable Tape fi led llufferTube/ Watu-SwduWe Yam / ' Dielectric central Member/ ALTOS AII-Oiekctrk Cable)Dewing U-785 CORNING Product Specifications ALTOS® All-Dielectric Cables Corning 2-288 Fibers Cable Systems Mechanical Specifications Maximum Tensile Loads Installation: 2700 N(600 ibf) Long-Term Installed: 890 N(200 tbo Operating Temperature Storage: 40°to+70°C(-40°to+158°F) Installation: -30°to+70°C(-22°to+158°F) Long-Term: -40°to+70°C(-40°to+158°F) Number Number Nominal Nominal Maximum of of Weight Outer Minimum Bend Radius Representative Fiber Fibers Tube Active Central kg/km Diameter Loaded Installed Coming Cable Systems count Per Tube Positions Tubes Member (IbA000 ft) mm(on) cm(in) cm(in) Part Numbers' 2-4 2 5 t-2 Dielectric 97(65) 11.7(0.46) 17.5(6.9) 11.7(4.6) 004RW4-14101A20 5-30 6 5 I-5 Dielectric 96(65) 11.7(0.46) 17.5(6.9) 11.7(4.6) 030RW4-1410WO 31-36 6 6 6 Dielectric 109(73) 12.3(0.48) 18.4(7.2) 12.3(4.8) 036RW4-14101A20 37-60 12 5 4-5 Dielectric 99(67) 11.8(0.46) 17.7(7.0) 11.8(4.6) 060RW4-14101A20 61-72 12 6 6 Dielectric 113(76) 12.5(0.49) 18.8(7.4) 12.5(4.9) 072RW4-14101A20 73-96 12 8 7-8 Dielectric 146(98) 14.3(0.56) 21.4(8.4) 14.3(5.6) 096RW4-14101A20 97-120 12 10 9-10 Dielectric 184(124) 16.2(0.64) 243(9.6) 161(6.4) 120RW4-1410IA20 121-192 12 16 11-16 Dielectric 202(136) 17.8(0.70) 26.7(10.5) 17.8(7.0) 192RW4-14101A20 193-216 12 18 17-18 Dielectric 223(1.50) 18.5(0.73) 27.8(10.9) 18.5(7.3) 216RW4-14101A20 217-240 12 20 19-20 Dielectric 243(163) 19.4(0.76) 29.1(11.5) 19-4(7.6) 240RW4-14101A20 241-288 12 24 21-24 Dielectric 300(202) 21.5(0.85) 32.2(12.7) 21.5(8.5) 288RW4-14101A20 Note: 'Aaual diameter may vary by±5%. 'Pkau Contact Conning Cabk Systens Customer Service to verify a speafu designs part number when ordering. Coming Cable Systertts U:C•PO Box 489•Hickory,NC 28603-0489 USA 1-800-743-2675*FAX:828-901-5973•Intemational:+t-W-goi-SOoo•LtWWwww"ming cam/cablesystems CORNW Coming Cabe Systems reserves the tight to improve,enhance.and modify the features and specifications of Coming Cabe Systems'products W without prior ratWxzbm AUM is a registered trademark of Comm Cabk System&ands,inc Dry is a trademah of Comm Cabe Systems ° �vi°v"'anat10n &ands,inc M Other trademach are the properties of their respective avmersCOming Cable Systems is ISO gom certified A%6,zow Coning Cable Syst ems.All rights reserved.Published in the USA CLTi4-H9/February zooz/6M Attachment 1 City of Elgin, Illinois Certification Requirements Please submit all required forms and documentation, fully completed and signed,with your proposal. No proposal will be accepted without this information To assure compliance with the City of Elgin's Affirmative Action Ordinance,all contractors and vendors. Herein referred to as"Respondents", are requested to submit the following information_ 1_ Workforce analysis based upon the requirements established in the Equal Employment Written Commitment Guideline. 2. Provide a written commitment outlining the steps that the Respondent plans to take in the area of recruitment and promotion of minorities and females to assure equal employment opportunity. (A copy of the Respondent's affirmative action plan may be submitted in lieu of this requirement.) 3. To assure compliance with the City,of Elgin's Sexual Harassment Ordinance, all Respondents must submit a signed sexual harassment form enclosed with the Invitation to Proposal. 4. The undersigned certifies that the Respondent is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. 5. The undersigned certifies that the Respondent is not barred from offering on this solicitation as a result of a conviction for the violation of State law prohibiting proposal-rigging or proposal-rotating. 6. The successful Respondent agrees that upon acceptance by the City of Elgin, the executed Invitation to Proposal along with all instructions,conditions, and specifications attached thereto constitute a binding contract which may be enforced by the city. Signature/Title '�{/1- J Company Name Address Phone Number FEIN No. �3s� —A19 3 60 ACRUX Cabling/Notwires—Elgin MAN Proposal CERTIFICATIONS IONS OF COMPLIANCE - ACRUX CABLING, L.L.0 Illinois Human Riphts Act ACRUX Cabling,L.L.C.complies with the provisions of the Illinois Human Rights Act(ACT)dealing with equal employment opportunities(Section 2-105, 7751LCCS SQ-105)including equality of employment opportunity and the regulations of the Department of Hunan Rights of the State of Illinois and also must provide for the adoption and implementation of written Sexual Harassment Policies. ACRUX Cabling certifies that it has complied with the requirements of the Illinois Hunan Rights Act, effective July 1, 1991 Illinois Drug-Free Workplace Act ACRUX Cabling,LL.C.,having in excess of twenty-five employees,does hereby certify to Section 3 of the Illinois Drug-Free Workplace Act(111_Rev.Stat.Ch_ 127 par 132.313)that ACRUX Cabling shall provide a dnxj4ee workplace for all employees engaged in the performance of work under the contract by complying with the requirements of the Illinois Drug-Free Workplace Act and further certifies that ACRUX Cabling is not ineligible for award of this contract by reason of debarment for violation of the Illinois Drug-Free Workplace ACT. Bidder Eligibility Pursuant to Public Act 85-1295(Illinois Revised Statutes, 1987,ch.38,art-33E)ACRUX Cabling hereby certifies that it is not barred from bidding on public contract for bid rigging or bid rotation and is not barred from bidding on the aforementioned contract as a result of a violation of either Section 33E-3 or 33E4 of Article 33E of Chapter 38 of the Illinois Revised Statutes. ACRUX Cabling,L.L.C. Date:March 07,2002 38 Attachment 3 City of Elgin, Illinois Sexual Harassment - - Policies and Programs Effective July 1, 1993, every party to any contract with the City of Elgin and every eligible Respondent is required to have written sexual harassment policies that include,at a minimum, the following information: 1. the illegality of sexual harassment 2. the definition of sexual harassment under state law 3. a description of sexual harassment, utilizing examples 4. a vendor's internal complaint process including penalties 5. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission 6. directions on how to contract the department and commission 7. protection against retaliation as provided by Section 6-101 of the Human Rights _act I hereby affirm that the organization which I represent has in place sexual harassment policies which include the required information set fourth above, and I hereby agree to furnish the City of Elgin - Human Resources Department with a copy of these policies if they so request. ,. F•f3 � Sia bnature/Title Company t ' Date zjl Sexual harassment is defined as follows: "Sexual harassment" means any unwelcome sexual advances.or requests for sexual favors or any conduct of a sexual nature when(1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual,or(3)such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. " Any questions by contracting parties or eligible Respondents concerning compliance with these requirements should be directed to the City of Elgin- Human Resources Department at(847) 931-5618. 63 I hereby agree to fully indemnify and hold the City of Elgin harmless from any and all liability, loss or damage including costs of defense or claim,demands, costs of judgment against it arising from any sexual harassment complaint resulting from the act of any member of my organization in the performance of this cop{act. Signature/Title Company L � Date 317 64 Attachment 4 TAX/COLLUSIONIDEBARMENT/PREVAILING WAGE AFFIDAVIT State of County of . being first duly sworn, deposes and says: That he is /% `�. ", of the firm of the party making the foregoing proposal and that the R ndent is not barred from contracting with any unit or local government as a result of a violation of 720 Illinois Compiled Statutes_ Section 5/')3E-") or 5/33E-4, as amended; and, no collusion or agreement among other Respondents or prospective Respondents to bid a fixed price or otherwise restrain freedom of competition by agreement has taken place; and, Respondent is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. The Respondent also certifies that it shall comply, where-app I 1cab le'with the Prevailing Wage Act 820 ILCS 130/0.01 et seq. Signature of Respondent, if an individual: Signature of Respondent, if a partnership: Subscribed and sworn to before me this day of , 20 Signature of Respondent; if a corporation: My commission expires: i�z t SEAL Notary Public President z Se e v �"( 65 05/28%2002 12:59 8158852933 UNDERGROUND SERVICES PAGE 03 �� CERTIFICATE OF UA LITY IRSURANC a 03 THIS CERTIFICATE I8 133UE AS A MATTER OF MIF PRODUM ONLY AND COMERS NO RIGHTS UPON THE CERTIFICATE Market Insurance Group HOLDER-TM CERTIFICATE DO"NOT AMEND,EXTEND OR 2601 Raid Farm a ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Rockford IL 61114 COMPANIES AFFORDING COVERAGE COMPANY Market Insurance Croup A Cincinnati Insurance Company 015-654-0001 1 -654-2743 iksuftBO COMPANY B Cincinnati Casualty Company COMPANY Underground Services, Inc. C p0 Box 16113 COMPANY LOVea park IL 61132-6173 d COVERAWS TM a TO CERTIFY THAT THE POUChn Of VAURANCE uVM BELOW HAV!RMN d*JED TO THE INSURED NAMED ABOVE FOR THE POLICY PNpOO 00C,ATm.NOTM WANION4 ANY REQUWt& ff1 TU M OR CONDITION OF ANY CONTVA*T OR OTHER DOCUMENT WITH RQ*wT TO wTpCH THIS COMRC.AM MAY K USUND OR MAY PERTANI THE BiaUIW=AFFOROEO eY THE POUCIES DV*CmOW HERM a SUBJECT TO ALL THE MAW W(CILMONS AM COND(TIOIW OF SUCH r0U6XE6-UM FT9 6WMN MAY HAVC-Beft REOUCED OY PALO CLM - tYE OP NtuRAHCE POLCY RMBR TE IP G N) �Y n uMrrs CA DA MA OY DATE LTR GENWAL AGGREGATES a N/A A X commmaALaeexAtuAwn' CPP0710587* 01/01/02 01/01/03 PROoum-CowoPAoG $2 000,000 111.0 MADE g O-CUR PmtsoNAL a AM 16NIRY $1,000,000 OWNW6&CON ItACTORSPROT H:ACH000kwowNCE 31,00 000 FM DAMAGE(AM are&*1 $500,000 Meo ow am v«wM $10,000 AUTOMOOIL!UA60.ITY coaaNeD SsmLe umrr $1,000,000 A X AI+'r CPP0710587* 01/01/02 01/01/03 ALL OWNED AUTOS OODCY INJURY = SCHEDULED AUTO$ (Par vanoN HIRED AUTOS BODILY(NJURY IPersC wono IION.OYNIQD AUTOS PROPERTY OAMA06 f GARAaE WMLlTY AUTO ONLY•eA ACCIOENT I ANY AUTO OTHER THAN AUTO ONLY. EACH ACC WMT i AGGREGATE $ WCUS u„RK,TI, EACH OCCURRENCE S 5 C 0001_000 A X LgmmuAFORM CCC4463338 01/01/02 01/01/03 AGGREGATE S OTrI XIMAH UY8R4LLAFORM $ WORIOW COMP[NIATM AND • EMPLOY LIABNJTY EL EACHACGDENT $1001000 B �E v+CL XC8981578-03* 01/01/02 01/01/03 aemseASC•POUCYUWT 55009000 Of"CCRa AIL! FIEXCL EL 002EAW-EA EMPLOY" 1100,000 OTHER 000ruiPTIoN of OrlRATION8n OCA [TOM Aqg {Lte lisLitsre 1to in force at affective data of Policy- Tha 1 ON Z nCis lis Elgin tional Projedtaured ATTMA for general, auto l abut► CERIIFICAre HbLwR CANCELLATION C IELGET. SHOULD ANY OF THE A00VE DESL�POLICIES BE CANC9IEO BEFORE THE M4RATM DATE THEREOF,THE ISSUING COMPANY WR L ENOEAV'OR TO MAC 10 OATS WIBTTEN NOTICE TO THE CERTDWATE HOLDER NAMED TO THE LEFT, City of Elgin 150 Dexter Road BUT FAILURE TO SUCH NOTICE NOONJUAT10NORLIABBJTY Elgin IL 60120 OPANY Rr 4teSENTAT&W, TIVE Mark Ir tip MAY-28-2002 TUE 02:39 PM FLYNN INS AGENCY FAX N0. 8158776393 P. 01 Aroma CERTIFICATE OF LIABILITY INSURANCE..�ID RG DATE(M , 101(00 UX-2 05/20/02 PFCODUGW - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Flynn Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 15490 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 4455 N. Mulford Road ALTER THE COVERAGE AFFORDED BY THE KtICIES BELOW. Rockford IL 61132 Phone: 815-877-4100 Fax-.615-677-6393 INSURERS AFFORDING COVERAGE INSURED INSURERk Continental Western 1:Zaurance INSURER 9: Acxux Cab"ng, LLC "! RC: -- 5046 27th Ave WSURER0: Rockford TL 61109 -- -- - ----. - - INSURER E: COVERAGES TW POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUREMEHT,TERM OR OONnMON OF ANY CONTRACT OR OTHER DOCUMENT WITN RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR MAY PERTAIL THE ISUWINOE AFFOROEO OY THE POLICIES OESCREED HEREIN IS:UEUECT M ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SO--H POLICIES.AWREfaATE L*tTS SHOWN WY HAVE BEEN REDUCED 6Y PA0 CLAN4. MLKF- TYPE OF INENIRANCE POLICY NUMBER GATE DATE I I L HOTS . GE M LIABILITY EACH oCCURREIVCE $1,000,000 A x NMMEROMCENERALLJAWTY RK464 01/15/02 01/15/03 FIRE DAMAGE(AC(O4s" $100,000 CLAW MADE a OCCUR MED W(A^Y ftm P6ma4 $5,000 -- ____ PERSONAL&AOV INJURY A f - _ GENERlILAO(3RCi3ATE f 2 000,000 GEM AGGREGATE LIHUT APPLIES PER: PRODUCTS-COIAPIOP AGG $2 000,000 -... PRO. .. POLICY JECT I LOC -- -- AUTOMOBI.ELIA -ITY SI LaIr A ANYAUTO RK464 01/15/02 01/15/03 T $500,000 X ALL OWNED AUTOS -- --- BODILY INJURY j X SCHEDULED AUTOS (Pw vwzon) X H*WDAUT05 6000..Y MLri1RY f X NmowNEO AUTOS (P-A-id" ---------- PROPERTYDAIW(G3E f (Poi a( �j OARAOC L IA4ILITY AUTO ONLY-EA!.CCIDENT f ANYAUTO OTHER THAN Fa ACC j AUTO ONLY: AGG f EXCC"LIABWTY EACH OC XJRIZEVCE s OCCUR f-1 CLNAA6MAOE AGGREGATE- ------ j _ s OEOUCTELE - j — RETENTION f f Y*CAV( iE COLMENSATTON AND TORY xTu ER A EIMPLOYFRS LII1811IiY RK464 01/15/02 01/15/03 E.L EACH ACCprNT S3000000 EL DISEASE-F-f,9WN.OYEE $1000000 El-U.SEASE-PdIJCYWUT $1000000 aTNER A Umbrella Coverage RK46422 01/15/02 01/15103 OA000000 DESCRIPTION OF SWNS AWEO GY ENOORSENMENri6PECIAL PROVISIONS CERTIFICATE HOLDER N ADDITIONAL INSURED.-INSURER LETTER= CANCELLATION CITYOFE SHOULD ANY OF THE ABOVE DESCRISEA POLICES KC W:EUM BETORE THE EXPIRATION GATE THERECW THE ISWM INSURER WILL ENMAVOR TO MAIL DAYS WRITTEN City Of Elgin NOTICE TO THE CERTIFICATE HOLDER NA 4en TO n1W LITT,BUT FAILURE TO OO SO 04ALL 150 Dexter Ct. IW9W NO OULXIAWN OR LWO ITY OF ANY KM UPON THE MkIRFx,Ira AGWn OR Elgin IL 60120 T! AUTHCMtIiEO n I e Christina cco Amon*A-1q ITI07% c+4497gI 0 V-fWPnQATMU 1444 ATTACHMENT 8 PERFORMANCE BOND Bond No. 355300 We, the undersigned, Acrux Cabling, LLC (Name of Contractor) 5049 27th Ave. Rockford IL 61109 (Address of Contractor) Corporation (Corporation, Partnership,or Individual) hereinafter called"Principal", and Rr.I Ins an P om�a�c y (Name of Surety) 18100 Jefferson Park Rd. Ste 104 Cleveland, OH , (Address of Surety) 44130 hereinafter called"Surety", are held and firmly bound unto the CITY OF ELGIN, 150 Dexter Court, Elgin, Il 60120, hereinafter called"Owner", in the sum of Five Hundred Thirty Five Thousand and 00/100 Dollars($535,000.00 . We hereby jointly and severally bind ourselves, our heirs,executors, administrators, successors, and assigns. Principal has entered into a certain contract with Owner,dated the day of , 20 , a copy of which is attached Hereto and made a part hereof, for the project known as: METROPOLITAN AREA NETWORK and Principal and Surety hereby bind themselves to Owner for the performance of the contract. Now, therefore, if Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by Owner, with or without notice -to Surety and during the guaranty period set forth in the contract, and if it shall satisfy all claims, obligations, requirements and demands incurred pursuant to such contract, and shall fully indemnify and save harmless Owner from all costs,damages, suits, causes of action and any and all other liability of whatsoever nature, which it may suffer by reason of Principal's failure to do so, and shall reimburse and repay Owner all outlay and expense which Owner may incur in making good any default, then this obligation shall be void; otherwise, this bond shall remain in full force and effect;-provided, further, that the said Surety for value received hereby agrees that no change, extension of time, alteration or addition to the terms of such contract or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond. Surety hereby waives notice of any such changes,extensions of time, alterations or additions to the terms of such contract or to the work or specifications provided for 92 therein. Provided, further, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed on this 30thday of May , 20 02. CONTRACTOR AS PRINCIPAL SURETY (Signature) (Signature) Name and Title �G% Name and Tit Ke11y A. Jacob or e -in-Fact SEAL SEAL 93 ATTACHMENT 9 PAYMENT BOND Bond No. 355300 We, the undersigned, Acrux Cabling, LLC (Name of Contractor) 5049 27th Ave. , Rockford, IL 61109 (Address of Contractor) Corporation (Corporation, Partnership or Individual),hereinafter called"Principal", and RLI Insurance Company (Name of Surety)18 i00 Jefferson Park Rd Ste 104 Cleveland, OH (Address of Surety) 44130 hereinafter called"Surety",are held and firmly bound unto the CITY OF ELGIN, 150 Dexter Court, Elgin, IL 60120, hereinafter called"Owner", in the sum of * Dollars ($535,000.00). We hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors and assigns. *Five Hundred Thirty Five Thousand and 00/100 Dollars Principal has entered into a certain contract with Owner dated the_day of , 20_, a copy of which is attached hereto.and made a part hereof, for the project known as METROPOLITAN AREA NETWORK Now, therefore, if Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for all materials used in connection with.the work,and shall promptly make payment for all insurance premiums on said work, and for all labor performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise this bond shall remain in full force and effect. Surety for value received hereby agrees that no changes, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such changes, extensions of time,alterations or additions to the terms of the contract or to the work or specifications. Provided,further,that no final settlement between the Owner and the Contractor shall abridge 94 the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed on this30thday of M_ ay , 2002 . CONTRACTOR AS PRINCIPAL SURETY (Signature) (Signa Name and Title: !� �Gfi�co /.� Name and Title. e A. Ja obs, Attorney-in-F. n7Ai✓�.y /tZO�N�i.¢- SEAL SEAL 95 D I V I S 10 N POWER OF ATTORNEY 9025 N.Lindbergh Dr. • Peoria,IL 61615 Know All Men by These Presents: BOND NO. SSB- 3 5 5 3 0 0 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI INSURANCE COMPANY, an Illinois corporation, does hereby make, constitute and appoint - Stephen T Kaziner, Jam .s I.Moorg Dawn I AaMan- Bonnie Kruse Peggy Faun Alice Rhn ds Kelly A Jacobs lennifer I Mr.C'nmh _ Elaine Marcus Mary Beth Peterson Jointly or Severall y in the City of Countryside State tate of its true and lawful Agent and Attorney-in-Fact,with full power and authority hereby conferred,to sign,execute,acknowledge and deliver for and on its behalf as Surety,the following described bond. Any bond,undertaking,recognizances,or other written obligations(other than bail bonds,bank depository bonds, mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper or note guarantee bonds) providing the bond penalty does not exceed Five Million Dollars($5,000,000). The acknowledgement and execution of such bond by the said Attorney-in-Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to-wit: All Ioq¢5t po&cres undertakings;Powers.of Attorney,or,athei obligations of the corporation shall be executed in the corporate name,of t)re domp !^bYtltePCesident Secretary;any Assistant Secretary,Treasurer, Vice President,or"by such other officers as ors r4 -authorize The Preslderit, any Vice President,Secretary and Assistant Secretary,or;the Treasurer, �tt13s t>r Fictr Agts who shall have authority to issue bonds,pglrcres, or undertakings in the name of the ;' �� e�sxp�;a�deal is nt>;C n�ces�� y fot tl�evalydty of any bonds policies, undettaking�, Powers of Attorney;or other obrg ' - st ttrd cor ra on,zTh - � �ri._ �� ��3l�tclr of�r�er and the'�gxporayte seal may be printed by facsimile." (Blue shaded area above indicates authenticity) IN WITNESS WHEREOF, the RLI Insurance company has caused these presents to be executed by its President with its corporate seat affixed this 1st day of August,2001. %lulla11Crtgr �gANCr;�, •,, RU INSURANCE COMPANY 6GgPGRgTct` gZ l = SEAL - - President State of Illinois ) SS County of Peoria ) •'•••••• N0 rr'rnrruMW%%% CERTIFICATE On this list day of August , 2001, before me, a Notary Public, I,the undersigned officer of RLI Insurance Company,a stock corpora- personally appeared Jonathan E. Michael, who being by me duty tion of the State of Illinois,do hereby certify that the attached Power sworn,acknowledged that he signed the above Power of Attorney as of Attorney is in full force and effect and is irrevocable;and further- the aforesaid officer of the RLI INSURANCE COMPANY and acknowl- more,that the Resolution of the Company as set forth in the Power of edged said instrument to be the voluntary act and deed of said Attornev,is now in force.In testimonywhereof,I have hereunto set my corporation. hand and the seal of the RLI Insurance Company P Y this 30th day of MA3r— --2QQ2 AXJC RLI INSURANCE COMPANY Notary ublic By: C "OFFICIAL SEAL" L� President ror _ HME L.MONTGOME a t'0MWJSS10rl EXPIRES 0ZWoU4 ,wAnir moron STATE OF ILLINOIS } } COUNTY OF COOK } On May 30, 2002, before me, a Notary Public in and for said County and State, residing therein,duty commissioned and sworn, personally appeared Kelly A. Jacobs,known to me to be Attorney-in-Fact of RLI Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat, the day and year stated in this certificate above. My Commission Expires March 29, 2004 Notary Public e�IAL SEAL L WN L MORGAN Y PUBLIC.STATE OF ILLINOIS MMISSION EXPIRES.03128/04 %5 — City of Elgin Agenda Item No.� .r tin January 10, 2003 rag • as E1� rm TO: Mayor and Members of the City Council LLL FROM: Olufemi Folarin, Interim City Manager RNA IKEFFICIFNT SERVICES, AND MIAUTY INFRASTNJCMM SUBJECT: Phase Two of Fiber Optic Network Construction PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to enter into a contract with Acrux Cabling, LLC for phase two construction of an Elgin Metropolitan Area Fiber Optic Network. BACKGROUND During 1994, the cable tv franchise holder (then Jones Intercable) , along with their own system, built a fiber optic institutional network and turned it over to the City. This fiber network, now known as Elginet, is shared, by intergovernmental agreement, between the City of Elgin, School District U46, Elgin Community College, and the Gail Borden Library District . Some of the fiber provided by Jones is now being used by the City as a fiber optic network that connects City Hall, the Police Department, the Parks & Rec Grove Street office, Hemmens Auditorium, Public Works, and the five fire stations.. Elginet has proved to be of such usefulness and benefit that most of the fiber strands provided by Jones are now being used by one of the four partner agencies. The scope of this project is to extend the fiber network, adding more than 10 miles of new fiber in two phases. Phase One included the new Public Works facility, the Water Department facilities at Slade Ave meter shop and Riverside Water treatment plant, the Wing Park facilities and the new Highlands pro shop. Phase One was completed in December, 2002 . Phase Two will include putting in fiber to the Bluff City Cemetery office, the Elgin Sports Complex, the facilities at Lords Park, the new Area 77 fire station, Airlite Water Plant, and connecting Wing Park to the City network. At the completion of Phase Two, all City facilities will be included in the fiber wide area network, Phase 2 of Fiber Optic Network Construction January 10, 2003 Page 2 which will enable us to run voice, video, and data over the -network. we will have the ability to share large data files, e- mail, voice-mail, phone service, and video over the high speed fiber network. The fiber itself will have a useful life expectancy of more than 30 years. This fiber network will also serve as a starting point to expand fiber services to businesses and residents in Elgin. There is a very high probability of attracting a common carrier that will buy some of the excess capacity to provide high speed communications services to Elgin businesses and residents. Phase One of the project with Acrux went very well. The vendor is very responsive to the needs and requirements of working with the City. Acrux completed all required segments on time and within budget. All segments completed in Phase One are now in productive use. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT This project is being completed in two phases. Phase Two, which is being recommended in this contract, is for $563,230. There are sufficient funds available for phase two which will be funded from three sources: 1. Riverboat Fund, MIS Strategic Plan Initiatives, account 275- 0000-791 . 92-47, project 219511, 2003 budgeted and available $1, 141, 000, this project $356, 750. 2 . Water Fund Capital, Fiber Optic Connection, account 401-4002- 771.91-46, project 409011, 2003 budgeted and available $81, 000, and account 381-4000-795 .91-46, project 409011, budgeted and available $26, 540. The $26, 540 was transferred from the savings of a previously completed project, for a total of $107, 504 . 3. Riverboat Fund, Fire Station 6 Land, account 275-0000-791.92- 31,project 289505, 2001 budgeted and available $670, 000, this project $98, 940 . "' Total cost for phase two is $563,230. Phase 2 of Fiber Optic Network Construction January 10, 2003 Page 3 C3AL IMPACT None. ALTERNATIVES 1) Approve the contract to Acrux Cabling as recommended. 2) Do not approve a contract. RECOMMENDATION It is recommended that the City Council approve the phase two contract with Acrux Cabling, LLC in the amount of $563,230. Respectfully submitted, Olufe i F rin Interi ty Manager JM/jm Attachments ` a ACRUX Cabling,LLC—Elgin Fiber Optic MAN Proposal 6. Price Proposal 6.2 Task 2—Segment Pricing for Installation of Underground Duct and Single Mode Fiber Optic Cable Segment 6—Fire Station 5 to Lords Park Facilities $ 89,940.00 Segment 7—Fire Station 5 to Bluff City Cemetery $ 82,630.00 Segment 8—City Hall to School District U46 Admin Hub $ 85,700.00 Segment 9—Highlands Club House to Sports Complex Office $ 60,800.00 Segment 10—CrystalXimball St to Wing Park Club House $ 37,680.00 Total from MIS Strategic Initiatives 275-0000-791.92-50 $356.750.00 Proj#219511 Segment 11 —Airlite Water Treatment Plant to Fire St 4 $107,540.00 Total from Water Fund Captia1401-4002-771.91-46 Proj#409011 Segment 12—City Hall to Area 77 Fire Station $ 98,940.00 Total from Fire Station 6 Land 275-0000-791.92 Proj#289505 Grand Total Phase 2 fiber project cost $563,230.00