HomeMy WebLinkAbout01-292 Resolution No. 01-292
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
BROADBAND DEVELOPMENT 3 FOR METROPOLITAN AREA FIBER OPTIC
NETWORK FEASIBILITY AND DESIGN SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to execute
an agreement on behalf of the City of Elgin with Broadband
Development 3 for Metropolitan Area Fiber Optic Network
Feasibility and Design Services, a copy of which is attached
hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: October 24 , 2001
Adopted: October 24 , 2001
Vote : Yeas : 5 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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AGREEMENT
THIS AGREEMENT, made and entered into this 25th day of October, 2001, by and between the CITY
OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Broadband
Development Group 3, an Illinois Corporation (Hereinafter referred to as "Consultant").
WHEREAS, the CITY desires to engage the Consultant to furnish certain professional services in
connection with Metropolitan Area Fiber Optic Network Feasibility and Design Services (hereinafter
referred to as the PROJECT).
AND
WHEREAS, the Consultant has submitted a proposal for the professional services that has been
accepted by the Elgin City Council.
NOW, THEREFORE, it is hereby agreed by and between the CITY and the Consultant that the CITY
does hereby retain the Consultant for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in all
Consulting matters involved in the PROJECT, subject to the following terms and conditions and
stipulations, to-wit:
I. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the MIS Director herein
after referred to as the"DIRECTOR".
B. Consultant will perform the following outlined steps:
1. Feasibility Study
2. Preliminary Network Design
3. Budget Analysis
4. RFP technical documentation for construction services
C. A detailed Scope of Services is attached hereto as Attachment A. Consultant shall
perform all recommended activities described in Attachment A.
II. PROJECT SCHEDULE
A detailed project schedule for the Project is included as Attachment B, attached hereto.
III. WORK PRODUCTS
All work products prepared by the Consultant pursuant hereto including, but not limited too,
reports, designs, calculations, work drawings, studies, photographs, models and
recommendations shall be the property of the CITY and shall be delivered to the CITY upon
request of the DIRECTOR provided, however, that the Consultant may retain copies of such
work products for its records. Such work products are not intended or represented to be
suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and
such reuse shall be at the sole risk of the CITY without liability or legal exposure to the
Consultant.
IV. PAYMENTS TO THE Consultant (Not To Exceed Method)
A. For services provided the Consultant shall be reimbursed at the hourly rate of$150 per
hour on this PROJECT, with the total fee not to exceed $17,500.00 regardless of the
actual costs incurred by the Consultant unless substantial modifications to the scope
of the work are authorized in writing by the DIRECTOR.
B. The CITY shall make periodic payments to the Consultant based upon actual progress
within 30 days after receipt and approval of invoice. Said periodic payments to the
Consultant shall not exceed the amounts shown in the following schedule, and full
payments for each task shall not be made until the task is completed and accepted by
the DIRECTOR.
V. INVOICES
A The Consultant shall submit invoices in a format approved by the CITY. Progress
reports will be included with all payment requests.
B. The Consultant shall maintain records showing actual time devoted and cost incurred.
The Consultant shall permit the authorized representative of the CITY to inspect and
audit all data and records of the Consultant for work done under this Agreement. The
Consultant shall make these records available at reasonable times during the
Agreement period, and for a year after termination of this Agreement.
VI. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any
time upon fifteen (15) days prior written notice to the Consultant. In the event that this
Agreement is so terminated, the Consultant shall be paid for services actually performed and
reimbursable expenses actually incurred prior to termination, except that reimbursement shall
not exceed the task amounts set forth under Paragraph IV above.
VII. TERM
This Agreement shall become effective as of the date the Consultant is given a notice to
proceed and, unless terminated for cause or pursuant to Article V, shall be deemed
concluded on the date the CITY determines that all of the Consultant's work under this
agreement is completed. A determination of completion shall not constitute a waiver of any
rights or claims which the CITY may have or thereafter acquire with respect to any term or
provision of the Agreement.
VIII. NOTICE OF CLAIM
If the Consultant wishes to make a claim for additional compensation as a result of action
taken by the CITY, the Consultant shall give written notice of his claim within 15 days after
occurrence of such action. No claim for additional compensation shall be valid unless so
made. Any changes in the Consultant's fee shall be valid only to the extent that such
changes are included in writing signed by the CITY and the Consultant. Regardless of the
decision of the DIRECTOR relative to a claim submitted by the Consultant, all work required
under this Agreement as determined by the DIRECTOR shall proceed without interruption.
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IX. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement, such violation or breach shall
be deemed to constitute a default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach;
and, in addition, if either party, by reason of any default, fails within fifteen (15) days after
notice thereof by the other party to comply with the conditions of the Agreement, the other
party may terminate this Agreement.
X. INDEMNIFICATION
To the fullest extent permitted by law, Consultant agrees to and shall indemnify, defend and
hold harmless the CITY, its officers, employees, agents, boards and commissions from and
against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief,
including but not limited to workers compensation claims, in any way resulting from or arising
out of negligent actions or omissions of the Consultant in connection herewith, including
negligence or omissions of employees or agents of the Consultant arising out of 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.
XI. NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the CITY shall be charged personally or
held contractually liable under any term or provision of this Agreement or because of their
execution, approval or attempted execution of this Agreement.
XII. INSURANCE
A. Comprehensive Liability. The Consultant shall provide, pay for and maintain in
effect, during the term of this Agreement, a policy of comprehensive general liability
insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000
aggregate for property damage.
The Consultant shall deliver to the DIRECTOR a Certification of Insurance naming the
CITY as additional insured. The policy shall not be modified or terminated without
thirty(30)days prior written notice to the DIRECTOR.
The Certificate of Insurance which shall include Contractual obligation assumed by the
Consultant under Article X entitled "Indemnification"shall be provided.
This insurance shall apply as primary insurance with respect to any other insurance or
self-insurance programs afforded to the CITY. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance,
alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to
be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned, non-owned and hired motor vehicles with limits of not
less than $500,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a $1,000,000 aggregate.
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D. Professional Liability. The Consultant shall carry Consultants Professional Liability
Insurance Covering claims resulting from error, omissions or negligent acts with a
combined single limit of not less than $1,000,000 per occurrence. A Certificate of
Insurance shall be submitted to the DIRECTOR as evidence of insurance protection.
The policy shall not be modified or terminated without thirty (30) days prior written
notice to the DIRECTOR.
XIII. INFRINGEMENT PROTECTION
The Consultant represents and warrants that neither the equipment, software nor any
combination thereof provided pursuant to this Agreement violates or infringes upon any U.S.
patent, copyright, trade secret or any other proprietary right of any third party. In which such
infringement is alleged, the Consultant will, to the extent permitted by law, defend or settle
the claim at its own expense and indemnify and hold harmless the City against any
expenses, costs or damages (including legal fees and expenses) incurred by the City in
connection with such claim. In accordance with Section X herein, in the event of any action
brought against the City, its officers, employees, agents, boards, or commissions, covered by
the foregoing duty to indemnify and defend and hold harmless, such action shall be defended
by legal counsel of the City's choosing.
XIV. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement, there shall be no
discrimination against any employee or applicant for employment because of sex, age, race,
color, creed, national origin, marital status, of the presence of any sensory, mental or
physical handicap, unless based upon a bona fide occupational qualification, and this
requirement shall apply to, but not be limited to, the following: employment advertising, layoff
or termination, rates of pay or other forms of compensation and selection for training,
including apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of
sex, race, color, creed, national origin, age except minimum age and retirement provisions,
marital status or the presence of any sensory, mental or physical handicap. Any violation of
this provision shall be considered a violation of a material provision of this Agreement and
shall be grounds for cancellation, termination or suspension, in whole or in part, of the
Agreement by the CITY.
XV. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors
and the assigns of the parties hereto; provided, however, that no assignment shall be made
without the prior written consent of the CITY.
XVI. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and
other provisions of this Agreement and the Consultant shall remain liable to the CITY with
respect to each and every item, condition and other provision hereof to the same extent that
the Consultant would have been obligated if it had done the work itself and no assignment,
delegation or subcontract had been made. Any proposed subcontractor shall require the
CITY's advanced written approval.
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XVII. NO CO-PARTNERSHIP OR AGENCY
This agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
XVIII. SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other
provision of this Agreement, or any portion thereof, shall be held to be void or otherwise
unenforceable, all other portions of this Agreement shall remain in full force and effect.
XIX. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define, limit or describe the
scope of intent of any provision of this Agreement, nor shall they be construed to affect in any
manner the terms and provisions hereof or the interpretation or construction thereof.
XX. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed, modified, discharged or extended except by
written amendment duly executed by the parties. Each party agrees that no representations
or warranties shall be binding upon the other party unless expressed in writing herein or in a
duly executed amendment hereof, or change order as herein provided.
XXI. APPLICABLE LAW
This Agreement shall be deemed to have been made in, and shall be construed in
accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or
the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane
County, Illinois.
XXII. NEWS RELEASES
The Consultant may not issue any news releases without prior approval from the
DIRECTOR, nor will the Consultant make public proposals developed under this Agreement
without prior written approval from the DIRECTOR prior to said documentation becoming
matters of public record.
XXIII. COOPERATION WITH OTHER CONSULTANTS
The Consultant shall cooperate with any other consultants in the CITY's employ or any work
associated with the PROJECT.
XXIV. INTERFERENCE WITH PUBLIC CONTRACTING
The Consultant certifies hereby that it is not barred from bidding on this contract as a result of
a violation of 720 ILCS 5/33E et seq. Or any similar state or federal statute regarding bid
rigging.
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XXV. SEXUAL HARASSMENT
As a condition of this contract, the Consultant shall have written sexual harassment policies
that include, at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
A copy of the policies must be provided to the Department of Human Rights upon request
775 ILCS 5/2-105.
XXVI. WRITTEN COMMUNICATIONS
All recommendations and other communications by the Consultant to the DIRECTOR and to
other participants which may affect cost or time of completion, shall be made or confirmed in
writing. The DIRECTOR may also require other recommendations and communications by
the Consultant be made or confirmed in writing.
XXVII. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail, postage prepaid, addressed as follows:
A. As to CITY:
Jeff Massey, MIS Director
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to Consultant:
Alan Kraus, Chief Executive Officer
Broadband Development Group 3
8700 W. Bryn Mawr Ave
Chicago, IL 60631
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IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this
Agreement in triplicate as though each copy hereof was an original and that there are no other oral
agreements that have not been reduced to writing in this statement.
For the CITY:
ATTEST: THE CITY OF ELGIN
By WileD—v1/4...-s-42„ By . a-k--t-----
City Clerk C' y Manager
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Dated thisthis'Jca ,,, ppp$- 660— , A.D., 2001.
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ATTEST .L t ?'
By `
By Z. By
Secretary President
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(SEAL)
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Sc ,edutt A .
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Professional Services Proposal
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For The
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11141
I City Of Elgin
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Executive Summary
1111 More cities are building Metropolitan Area Networks to link facilities and bring new productivity tools to
their employees. In line with your requirements to expand your existing municipal network,the economic
I times are right to obtain the best pricing on the equipment and labor needed to implement this network.
BBD3 recommends a feasibility study be performed to develop the technology approach,cost structure and
technical requirements to expand the existing Metropolitan Area Network.
III
Proposed Approa
ch
I Broadband Develop 3 recommends the City of Elgin examine the feasibility of expanding the existing
Metropolitan Area Network to connect to the new facilities. BBD3 will work with the City to determine
the technical requirements of the network and the technical approaches required to expand the network.
I Our experience indicates that a condominium or consortium approach,where other taxing bodies own a
portion of the network,will reduce the price of the infrastructure for each group as a long term approach.
However,as you have recognized the larger approach seems to be delaying your more immediate needs
from being satisfied.
IBBD3 recommends the feasibility study determine the following in concert with the City departments:
1. Determine the facilities to be linked throughout the community and related agency
2. Determine a probable topology for the network
3. Determine the best technical base for the network.
4. Develop a preliminary budget for the construction of the cableplant
5. Develop a preliminary budget for active equipment.
6. Develop the technical statement that can be used as part of an RFP I
Page 2
8700 WEST BRYN MAWR AVENUE I sour"'800 I CHICAGO,It 60631 I PHONE 773.714.4960 I FAX 773.714.4962
7. Attend no more than two meetings to assist with project presentation to city managers.
Pricing
Broadband Development 3 performs these services with an hourly cost of$150 per hour.
BBD3 will develop a detailed work statement and related pricing based upon the exact objectives for each
phase of the study. This initial study appears to be composed of four tasks:
1. Feasibility Study—Examine the technical case for the network. Work with the city agencies to
develop the most likely paths and technical approach to expand the network.
2. Preliminary Network design—Develop a preliminary network design using readily available
equipment from leading manufactures and common costs for the installation of the fiber optic
cableplant.
3. Budget analysis—Develop a spreadsheet showing the estimated cost of building the network.
This estimate is based upon typical installation costs for cable and types of equipment from a
major manufacturer that are appropriate for the applications to be supported. Provide a verbal
presentation to the City.
4. Prepare a formal technical document to be included within an RFP document. Prepare a formal
presentation for the city management.
The pricing of the four steps is estimated to require approximately—//5 hours to complete.
This project is proposed on a time and material basis with a not to eXCeed Cost$17,5ooplus out-
of-pocket expenses.
•
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8700 WEST BRYN MAWR AVENUE I SOUTH 800 I CHICAGO,n.60631 I PHONE 773.714.4960 I FAX 773.714.4962
•
Schedule B.
City of Elgin
Fiber Optic Network "Feasability Study" Schedule
Duration Scheduled
Work Breakdown Detail In Hours Completion
1. Feasability Study Based on 22 work days
Meet with city rep. Review Base Prints
Define: contact list, facility list,
network and fiber requirements 3 S+1
Facility walkthrough: Establish
physical installation points; fiber term
network harware, power and space 6 S+2
Initial Route Walkout 35 S+8
Identify Cable Route
Identify Transition Points(sewer to UG)
Identify access/egress points
Measure route distances
Document walkout data on base prnt 6 S+9
Review Redline with city rep 5 S+10
Address easement/access/ROW
2. Preliminary Network Design
Generate BOM based on Walkout 6 S+11
Generate Scope of Work 10 S+13
Generate network Logical 6 S+14
Review Design with city rep 2 S+14
3. Budget Analysis
Generate analysis spreadsheet from
BOM, fiber and equipment installation
Scope of Work
Use "typical" budgetary pricing for like work 9 S+16
Present and review budget analysis
with city rep 2 S+16
•
City of Elgin
Fiber Optic Network "Feasability Study" Schedule
Duration Scheduled
Work Breakdown Detail In Hours Completion
4. Prepare Technical Documentation
Generate spec documentation
for all construction materials. 8 S+18
Generate detailed construction spec
based on BOM and Scope of Work 9 S+20
Assemble final technical
requirements document
for inclusion in RFP 6 S+21
Review and Sign-off Technology
and Feasability Study Documentation with
city rep 2 S+22
Total Hours 115
"S"stands for starting date. So, S+1 is starting date plus one day. S+22 is starting date plus 22 days (estin
•
K.(OF t
o�ti Agenda Item No.
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City of Elgin
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October 19, 2001 «to [� . ��
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To: Mayor and Members of the City Council FINANCIAEY STABLE
SERVICEB,CITY ERNMENT
AND QUALITY INFRASTRUCTURE
From: Joyce A. Parker, City Manager
Subject : Fiber Optic Metropolitan Area Network Consulting
PURPOSE
The purpose of this memorandum is to provide Mayor and members of
the City Council with information to award a contract for
Professional Services to Broadband Development Group 3 for Fiber
Optic Network Consulting Services.
BACKGROUND
The City is preparing to expand the fiber optic based, wide area
network (know as Elginet) , that currently connects City Hall, the
Hemmens, Police Department, Parks main office, Public Works, and
all five Fire Stations . This network is shared with School
District U46, Elgin Community College, and the Gail Borden Library.
Our project is to expand the fiber network to include the Slade
Avenue water meter shop, Riverside water treatment plant, Wing Park
facilities, Sports Complex/Golf Course, Lords Park facilities,
Bluff City Cemetery office, and eventually the new Public Works
facility. When this is finished the City will have a completely
City-owned, high speed network for data, voice and video. We will
be able to eliminate many leased line connections and centrex phone
services resulting in potential savings of thousands of dollars per
month.
New developments in the construction of long haul fiber optic
networks and municipal area networks now allow for use of existing
storm sewer, sanitary sewer, and other abandoned underground pipes
such as natural gas and water, as well as the traditional buried
fiber conduit . The consultants from Broadband Development Group 3
(BBD3) are local experts in designing Metropolitan Area Networks
using sewer lines and other existing underground pipes . BBD3 has
performed similar projects for the City of Chicago (CityNet) , City
of Highland Park, Village of Northbrook, and several other
municipalities as well as commercial entities and cable television
operators .
Fiber Optic Metropolitan Area Network Consulting
October 19, 2001
Page 2
During this past year, several consultants have made presentations
to the technology action team regarding development and deployment
of a wide area fiber network. BBD3 is the only vendor with the
complete qualifications and experience to conduct this type of
project . Broadband Development 3 is a 15-year-old company based in
Chicago that has a unique expertise and experience in designing
governmental and institutional wide area networks utilizing
existing underground infrastructure . In this engagement BBD3 will
perform a feasibility study to determine the existence and
usability of underground infrastructure such as storm and sanitary
sewers and any abandoned pipelines such as natural gas or water.
They will then do a preliminary network design to include necessary
equipment and cable routes, a cost analysis for budgeting purposes
and, finally, an RFP will be prepared for the actual construction
project . Construction of the new fiber will begin in the spring of
2002 .
COMMUNITY GROUPS/INTERESTED GROUPS CONTACTED
MIS Committee and Technology Action Team
91 FINANCIAL IMPACT
The cost for the consulting services totals $17, 500 . Funds have
been budgeted and are available in the MIS Capital Projects account
number, 010-2101-718 . 92-50, project number 219504 .
GAL IMPACT
None .
ALTERNATIVES
1 . Award the contract as recommended.
2 . Do not award the contract .
Fiber Optic Metropolitan Area Network Consulting
October 19, 2001
Page 3
RECOMMENDATION
The recommendation is to approve the contract award in the amount
of $17, 500 . 00 to Broadband Development 3 .
Re ectfully Submitted,
Joyce A. Parker
City Manager