HomeMy WebLinkAbout07-132 Resolution No. 07-132
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
TURN-KEY NETWORK SOLUTIONS, INC.
FOR INSTALLATION OF FIBER OPTIC CABLE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin, City Manager, and Jennifer Quinton, Acting City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with Turn-Key
Network Solutions, Inc. for installation of fiber optic cable, a copy of which is attached hereto and
made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton
Jennifer Quinton, Acting City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into this 16s' day of May, 2007 by and between the CITY OF
ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Turn-Key Network
Solutions, Inc., a Michigan corporation, authorized to do business in the State of Illinois (hereinafter
referred to as"VENDOR").
WHEREAS, the CITY desires to engage the VENDOR to furnish certain professional services in
connection with the Installation of Single Mode Fiber Optic Cable (hereinafter referred to as the Fiber
Installation Project).
AND
NOW, THEREFORE, it is hereby agreed by and between the CITY and the VENDOR that the CITY does
hereby retain the VENDOR 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 FIBER INSTALLATION 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 of the
CITY,herein after referred to as the"MANAGER".
B. VENDOR shall provide to the CITY the services as set forth in the Scope of Services is
attached hereto as Attachment A, proposal RFP 07-055 dated April 30, 2007. In the
event of any conflict between the terms and provisions of this Agreement and the terms
and provisions of Attachment A, the terms and provisions of this Agreement shall
control.
II. PROGRESS REPORTS
The VENDOR will submit to the MANAGER a detailed schedule outlining the steps to be
taken during the FIBER INSTALLATION PROJECT and scheduled dates of completion for
each.
III. WORK PRODUCTS
All work products prepared by the VENDOR pursuant hereto including, but not limited to,
reports,studies,and recommendations shall be the property of the CITY and shall be delivered
to the CITY upon request of the MANAGER provided, however, that the VENDOR may
retain copies of such work products for its records.
IV. PAYMENTS TO THE VENDOR(Not To Exceed Method)
A. The CITY shall reimburse the VENDOR for services under this Agreement a not to
exceed amount of $513,505, regardless of actual Costs incurred by the VENDOR
unless SUBSTANTIAL modifications to the FIBER INSTALLATION PROJECT are
authorized in writing by the MANAGER. VENDOR shall perform the services
pursuant to this Agreement according to the schedule attached hereto.
B. For outside services provided by other firms or sub-Vendors, the CITY shall pay the
VENDOR the invoiced fee to the VENDOR. No such outside services shall be
provided by other firms or sub-Vendors unless the VENDOR receives the CITY's
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advanced written approval.
C. The CITY shall pay to the VENDOR the actual costs of reimbursable items listed in
Attachment A, as well as the additional services if requested by the City at the prices
stated in Attachment A.
D. The CITY shall make periodic payments to the VENDOR based upon actual progress
within 30 days after receipt and approval of invoice. Total of periodic payments to the
VENDOR shall not exceed the amount shown in paragraph A above,and full payments
for each task shall not be made until the task is completed and accepted by the
MANAGER.
V. INVOICES
A. The VENDOR shall submit invoices in a format approved by the CITY.
B. The VENDOR shall maintain records showing actual time devoted and cost incurred.
The VENDOR shall permit the authorized representative of the CITY to inspect and
audit all data and records of the VENDOR for work done under this Agreement. The
VENDOR 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 VENDOR. In the event that this
Agreement is so terminated, the VENDOR 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 VENDOR is given a notice to
proceed and,unless terminated for cause or pursuant to Article VI,shall be deemed concluded
on the date the CITY determines that all of the VENDOR'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 VENDOR wishes to make a claim for additional compensation as a result of action taken
by the CITY, the VENDOR 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 VENDOR's fee shall be valid only to the extent that such changes
are included in writing signed by the CITY and the VENDOR. Regardless of the decision of
the MANAGER relative to a claim submitted by the VENDOR, all work required under this
Agreement as determined by the MANAGER shall proceed without interruption.
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
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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
A. To the fullest extent permitted by law, VENDOR 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 VENDOR in
connection herewith, including negligence or omissions of employees or agents of the
VENDOR 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. The provisions of this paragraph shall survive any
completion,expiration and/or termination of this Agreement.
B. To the fullest extent permitted by law, CITY agrees to and shall indemnify, defend and
hold harmless the VENDOR, its directors, officers, employees, and agents 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 CITY in connection herewith,
including negligence or omissions of employees or agents of the CITY. In the event of
any action against the VENDOR, its directors, officers, employees, and agents covered
by the foregoing duty to indemnify, defend and hold harmless such action shall be
defended be legal counsel of the VENDOR's choosing. The provisions of this paragraph
shall survive any completion,expiration and/or termination of this Agreement.
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 VENDOR 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 VENDOR shall deliver to the Purchasing 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 City.
The Certificate of Insurance which shall include Contractual obligation assumed by the
VENDOR 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
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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.
XIII. 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.
XIV. 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.
XV. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and
other provisions of this Agreement and the VENDOR shall remain liable to the CITY with
respect to each and every item,condition and other provision hereof to the same extent that the
VENDOR 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.
XVI. 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.
XVII. 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.
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XVIII. 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.
XIX. 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.
XX. 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.
XXI. NEWS RELEASES
The VENDOR may not issue any news releases without prior approval from the MANAGER,
nor will the VENDOR make public proposals developed under this Agreement without prior
written approval from the MANAGER prior to said documentation becoming matters of public
record.
XXII. COOPERATION WITH OTHER VENDORS
The VENDOR shall cooperate with any other Vendors in the CITY's employ or any work
associated with the FIBER INSTALLATION PROJECT.
XXIII. INTERFERENCE WITH PUBLIC CONTRACTING
The VENDOR 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.
XXIV. SEXUAL HARASSMENT
As a condition of this contract, the VENDOR 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;
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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.
XXV. WRITTEN COMMUNICATIONS
All recommendations and other communications by the VENDOR to the MANAGER and to
other participants which may affect cost or time of completion, shall be made or confirmed in
writing. The MANAGER may also require other recommendations and communications by
the VENDOR be made or confirmed in writing.
XXVI. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
ENGINEER shall comply with all applicable Federal, State, City and other requirements of
law, including, but not limited to, any applicable requirements regarding prevailing wages,
minimum wage, workplace safety and legal status of employees. ENGINEER shall also at its
expense secure all permits and licenses,pay all charges and fees and give all notices necessary
and incident to the due and lawful prosecution of the work,and/or the products and/or services
to be provided for in this AGREEMENT."
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 VENDOR:
Doug Lautenbach
President
Turn-key Network Solutions,Inc.
2—84th St. SW
Byron Center,MI 49315
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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
B By:
Cit lerk City Manag r
(SEAL)
For the VENDOR:
Dated this 16th day of May,A.D.,2007.
ATTEST: TURN-KEY NETWORK SOLUTIONS, INC.
By: x��� By: 6r-
Secretaryssz O President
(SEAL)
7
002—84th Street
Byron Center,MI 49315
Phon
lUrrm
e: 616.455.9840
Fa
Network Solutions, Inc.
Proposal
A. The Vendor
a. Turnkey Network Solutions, 002—84`h Street SW, Bryon Center, MI
49315
b. Jeff Thon, office - 616.988.3346; fax—616.455.9845; email—
jthon(a,tkns.net
c. Turn-Key Network Solutions, Inc. was formed in 2000 as a
telecommunications contractor with headquarters in Grand Rapids,
Michigan. The concept behind Turn-Key was simple—to provide a
"Turn-Key" solution for our customers' telecommunications needs.
Instead of having to contract with multiple vendors, Turn-key would
handle all aspects of the job. This approach was cemented in 2001 with
the onset of our relationship with SBC for Central Office engineering and
installation through our"Cluster" contract. Our reach expanded in 2002
when we opened a second office in Muncie, IN which supported our
operations in Indiana and Ohio. In 2003 we opened our office in Detroit,
MI to support the many projects and on-going work in that area. As our
reputation grew so did the demand for our services. In 2005, we opened an
office in Columbus, Ohio to meet this demand. In 2006,we moved our
office in Indiana from Muncie to Indianapolis to have a more centralized
location. And in 2007, we have opened our office in Chicago, IL. In our
six and a half years in business we have been involved in many exciting
and important projects including the engineering and installation of the
Ford Motor Company's "Dearborn Fiber Network"which today ties over
45 Ford building together with a private fiber network spanning Dearborn
and Allen Park. We have also been very involved in the construction of
State-wide fiber networks for both Verizon Wireless and Cingular
Wireless.
d. Turn-key Network Solutions, Inc. is a privately held telecommunications
contractor based in Grand Rapids, MI that focuses on providing a
complete solution to our customers telecom infrastructure needs. We offer
a complete line of services ranging from outside plant (OSP) engineering,
construction, and maintenance to Central Office(CO) design, installation
and equipment turn up and testing. We are also a certified distributor of
the full range of Cisco electronics with a focus on optical transmission
products. With over 100 employees focusing on the needs of customers,
Turn-key has quickly become the premier provider of fiber optic based
telecom contracting in the mid-west. Our employees provide our services,
not subcontractors, giving us ultimate control over quality, cost, and
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schedule. We pride ourselves on being the "Single source solution for all
of your telecommunications infrastructure needs".
e. Office Listings—The Chicago office would be the primary office
responsible for handling this project. Their office hours are 7am to 5pm,
but crews are on call 24/7 for maintenance and emergency services.
i. Executive Offices and Operations Headquarters—Grand
Rapids,MI
2—84th Street
Byron Center, MI 49315
Tel: 616-455-9840
Fax: 616-455-9845
ii. Columbus, OH Office
3450 Millikin Court
Suite A
Columbus, OH 43228
Tel: 614-527-7222
Fax: 614-527-8885
iii. Indianapolis, IN Office
1728 Churchman Ave
Indianapolis, IN 46203
Tel: 317-777-7500
Fax: 317-777-7491
iv. Chicago, IL Office
11870 Route 47
Huntley, IL 60142
Tel: 847-404-6925
f. If a problem arises, our crew leader would involve our Project Manager; if
our Project Manager can not solve the issue then our Director would be
contacted, then to the Vice President level and then to the President.
g. Turn-Key Network Solutions, Inc. is not involved in any outstanding
litigation.
B. References and Clients
a. City of Northbrook, Kelly Hamill, (847) 272-5050
b. John Dystra; Level 3 Communications, (708)410-1683
c. Tom McGrath, Telecom General Contractor, (312) 733-3828
d. Tim Hall, US Signal Corporation, (616) 988-7035
e. Lars Nyquist, Infinity Fiber, (574)472-0752
C. The Technical Proposal
a. Section 1 —Turnkey's approach to this section will be placing lx1.25"
inner duct in an existing 2.5" inner duct. We will be using a power
rodding truck where accessible and a small hydraulic pulling machine for
any other locations. The fiber will be placed via a pneumatic blowing
machine and by hand if needed. The fiber will be terminated using a
Sumitomo fusion splice machine and bi-directionally tested with an
OTDR machine.
b. Section 2 —Turnkey's approach to this section will be placing lx2"inner
duct via directional bore machine,placing four new hand holes with a
320001b lid, placing 100' maintenance coils in each hand hole, and place
fiber via pneumatic blowing machine. The fiber will be terminated using
a Sumitomo fusion splice machine and bi-directionally tested with an
OTDR machine. Our price includes a complete engineering and CAD
prints.
c. Section 3 —Turnkey's approach to this section will be placing lx2"inner
duct via directional bore machine,placing 22 new hand holes with a
320001b lid,placing 100' maintenance coils in each hand hole and place
fiber via pneumatic blowing machine. The fiber will be terminated using
a Sumitomo fusion splice machine and bi-directionally tested with an
OTDR machine. Our price includes a complete engineering and CAD
prints.
d. Section 4—Turnkey's approach to this section will be placing lx2"inner
duct via directional bore machine, placing 10 new hand holes with a
320001b lid, placing 100' maintenance coils in each hand hole and place
fiber via pneumatic blowing machine. The fiber will be terminated using
a Sumitomo fusion splice machine and bi-directionally tested with an
OTDR machine. Our price includes a complete engineering and CAD
prints.
Cost Proposal
A.
j Item Unit Rate
Engineering ft. $ 0.75
Place inner duct ft. $ 1 .25
Place fiber ft. $ 0.75
Directional Bore - City ft. $ 9.00
Directional Bore - Rural ft. $ 7.00
Place Hand Hole ea. $ 500.00
Fusion Splice ea. $ 50.00
a. Section 1
Materials $ 24.491 .48
Equipment $ 15,561.70
Labor $ 62,246.82
Total Project Section 1 $ 102,300.00
b. Section 2
Materials $ 12,187.45
Equipment $ 10,173.51
Labor $ 40,694.04
Total Project Section 2 $ 63,055.00
c. Section 3
Materials $ 54,965.61
Equipment $ 35,776.88
Labor $ 143,107.52
Total Project Section 3 $ 233,850.00
d. Section 4
Materials $ 22,135.10
Equipment $ 18,432.98
Labor $ 73,731.92
Total Project Section 4 $ 114,300.00
e. If per diem and any other travel expenses are needed, then these dollars are
included in the above costs.
f. This price does not include any permit fees. All permit fees to be paid by owner.
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.
1. To assure compliance with the City of Elgin's Affirmative Action Ordinance, all contractors
and vendors,herein referred to as"bidders,"are requested to submit the following information:
a. Work force analysis using the enclosed Bidder's Employee Utilization form.
b. Provide the information required in Item #3 on the Employee Utilization Form if the
answer to Question#2 on the form is"Yes."
c. Provide a written commitment outlining the steps that the bidder plans to take in the
area of recruitment and promotion of minorities and females to assure equal
employment opportunity. (A copy of the bidder's affirmative action plan may be
submitted in lieu of this requirement.)
2. To assure compliance with the City of Elgin's Sexual Harassment Ordinance, all bidders must
submit a signed sexual harassment form enclosed with the Invitation to Bid.
3. The undersigned certifies that the offerer 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.
4. The undersigned certifies that the offerer is not barred from offering on this solicitation as a
result of a conviction for the violation of State law prohibiting bid-rigging or bid-rotating.
5. The successful bidder agrees that, upon acceptance by the City of Elgin,the executed Invitation
to Bid, along with all instructions, conditions, and specifications attached thereto, constitute a
binding contract which may be enforced by the city.
Signature/Title its t cki
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Company TLU I4— �+.f�1>,J�6(( t��l�t`"t6`ti I t'1c.
Address 2 -2441 Siw.e.,4-
Thirtrik CictitkirM 149315
Phone (Q 40 — 456-- 9&4D
Fax ( - 45 5- g445
Email j4kotj -11 S. y1Q,f
FEIN 3$-352.409
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CITY OF ELGIN, ILLINOIS, BIDDER'S EMPLOYEE UTILIZATION FORM
This report is required by the City of Elgin and must be submitted before the contract can be awarded.
Chapter 3.12.1000 Affirmative Action-City Contracts
1. Name and Address of Bidder Description ofPro''ect
`-tT,trn- 61 Iie,4turry , ,lttfiero S, loc. CA o t l �/y�
f $G�h Sited 3W ktSa 911 < MH f4,I►�dt Pber
irtryl lf r MA ,4'315 c_ ' '.CIF,
JOB Total Whites Blacks Hispanics Asians or American Minority Female
CATEGORIES Employees Pacific Indians (M&F) (All
Islanders Categories)
M / F M /F M I F M I F M / F
Example: 18 3 5 3 2 4 I 55.6% 44.4%
Managers (10/18) (8/18)
0 lce.s+4 ld t 5 bY. 83.3'4
osP Etoternr I 4 3 O% _ 42. 11
ceMhu(o r 1% 11 I VA, 5.61
fl dfr S q -41. Quo 0%
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TOTALS "f l 01 10 7- Z!p 10 '
Signature of mpany Official Title Telephone Number Date Signed Page 1
49 . i--- fl 3 dean- (:¢it —4 5-9840 41z5107 of_11-
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2. Have you ever been awarded a bid by the City of Elgin?
Yes V No
3. If the answer to question#2 is Yes,please submit a copy of the Employee Utilization Form that
was submitted with your last successful bid along with a fully completed copy of this form.
4. If the statistical data provided above shows underutilization of minorities and/or females,
please submit, according to the guideline provided in the attached document, a written
commitment to provide equal employment opportunity.
NOTE: In the event that a contractor or vendor, etc., fails to comply with the fair employment and
affirmative action provisions of the City of Elgin, the City, amongst other actions, may cancel,
terminate,or suspend the contract in whole or in part.
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CITY OF ELGIN, ILLINOIS, EQUAL EMPLOYMENT WRITTEN
COMMITMENT GUIDELINE
The written commitment required in Item#4 of the Bidder's Employee Utilization Form shall:
1. Set out the name and phone number of the bidder's Equal Employment Officer.
2. Clearly identify the bidder's recruitment area and the percentage of minorities and
females in the area's population and labor force.
3. Set out what the bidder has done and has set as a goal to ensure the recruitment of
minority and female employees.
4. Set out the bidder's specific goals to recruit minorities and females for training programs
or other similar opportunities available through the bidder's organization,
5. Indicate bidder's consent to submit to the City of Elgin, upon request, statistical data
concerning its employee composition and recruitment efforts anytime during the term of
the contract.
6. Show bidder's consent to distribute copies of the written commitment to all persons who
participate in recruitment, screening, referral, and selection and hiring of job applicants
for the bidder.
7. Clearly show that the bidder shall require all subcontractors, if any, to submit a written
commitment complying with the above requirements of their affirmative action plan to
the City of.Elgin.
8. Clearly state the bidder agrees that:
"Bidder(company name)shall not discriminate against any employee or applicant on the
basis of race, color, religion, sex, national origin, age, place of birth, ancestry, martial
status, or disability (physical or mental)which will not interfere with the performance of
the job in question."
Description of Groups for Classification Purposes
White: all persons having origins in Europe,North America,or the Middle East
Black: all persons having origins in any of the Black racial groups of Africa
Hispanic: all persons of Mexican,Puerto Rican,Cuban,Central South American,or other Spanish culture or
origin,regardless of race
Asian American: all persons having origins in the Far East, Southeast Asia,the Indian subcontinent,or the
Pacific Islands
American Indians: all persons having origins in any of the original peoples of North America who maintain
cultural identification through tribal affiliation or community recognition
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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
bidder is required to have written sexual harassment policies that include, at a minimum, the
following information:
• the illegality of sexual harassment
• the definition of sexual harassment under state law
• a description of sexual harassment,utilizing examples
• a vendor's internal complaint process including penalties
• the legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights,and the Illinois Human Rights Commission
• directions on how to contract the department and commission
• 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.
Signature/Title
Company Tu -14- 141 Sol u,4iO'V►S, hiC.
Date 4/2,5/oi
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 bidders concerning compliance with these requirements should be
directed to the City of Elgin-Human Resources Department at(847)931-5618.
I hereby agree to fully indemnify and hold the City of Elgin harmless from any and all
liability, loss, or damage, includingcosts of defense or claim, demands, costs of judgment
g , J g
against it arising from any sexual harassment complaint resulting from the act of any
member of my organization in the performance of this contract.
S ignature/Title
Company {i M—ULy kteilik ?rte-- &(whevtst I Y1C.
Date 412510
5
CITY OF ELGIN,ILLINOIS
TAX COLLUSION/DEBARMENT/PREVAILING WAGE
AFFIDAVIT
State of /11.'e./ ss.
County of Y/
Docyjczo , being first duly sworn,
deposes and says:
That s/he isicivi1. " of the firm
of the party making the foregoing bid and that the bidder is not barred from contracting
with any unit or local government as a result of a violation of 720 Illinois Compiled
Statutes, Section 5/33E-3 or 5/33E-4, as amended; and, no collusion or agreement among
other bidders or prospective bidders to bid a fixed price or otherwise restrain freedom of
competition by agreement has taken place, and, bidder 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 bidder also certifies that it shall comply, where
applicable,with the Prevailing Wage Act 820 ILCS 130/0.01 et seq.
Signature of Bidder, if an individual:
Signature of Bidder, if a partnership:
Subscribed and sworn to
before me this 2;5 day of
,alp y --,20o
Signature of Bidder, if a corporation: My commissio expires:
5f,Z��Ir II
President
Secretary MATHtAS METZGER
Notary public.State o1 Michigan
County of Kent
My Commission Expires:05/21/2011
Acting in the County o(____
6'
AGREEMENT
THIS AGREEMENT,made and entered into this_day of ,2007 by and between the CITY OF
ELG1N, an Illinois municipal corporation (hereinafter referred to as "CITY") and , a
corporation, authorized to do business in the State of (hereinafter referred to as
"VENDOR").
WHEREAS, the CITY desires to engage the VENDOR to furnish certain professional services in
connection with the Installation of Single Mode Fiber Optic Cable (hereinafter referred to as the Fiber
Installation Project).
AND
NOW,THEREFORE,it is hereby agreed by and between the CITY and the VENDOR that the CITY does
hereby retain the VENDOR 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 FIBER INSTALLATION 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 of the
CITY,hemetn after referred To as The"IviANAULK".
B. VENDOR shall provide to the CITY the services as set forth in the Scope of Services is
attached hereto as Attachment A, proposal dated . In the event of any
conflict between the terms and provisions of this Agreement and the terms and
provisions of Attachment A,the terms and provisions of this Agreement shall control.
IL PROGRESS REPORTS
A. A detailed schedule for the FIBER INSTALLATION PROJECT is included as
Attachment B, attached hereto. Progress will be recorded on the schedule and
submitted monthly as a component of the Status Report described in C.below.
B. The Vendor will submit to the MANAGER a detailed schedule outlining the steps to be
taken during the FIBER INSTALLATION PROJECT process and dates of completion
for each.
III. WORK PRODUCTS
All work products prepared by the VENDOR pursuant hereto including, but not limited to,
reports,studies,and recommendations shall be the property of the CITY and shall be delivered
to the CITY upon request of the MANAGER provided, however, that the VENDOR may
retain copies of such work products for its records.
IV. PAYMENTS TO THE VENDOR(Lump Sum Method)
A. The CITY shall reimburse the VENDOR for services under this Agreement a lump sum
of ($ ), regardless of actual Costs incurred by the VENDOR
unless SUBSTANTIAL modifications to the FIBER INSTALLATION PROJECT are
authorized in writing by the MANAGER. VENDOR shall perform the services
7
CNA SURETY"'
BID BOND
(Percentage)
BOND No.
KNOW ALL PERSONS BY THESE PRESENTS,That we Turn..-Key Network 5-ciution;s, ac
of 2 - 84th.__.Street SW. S ite C. Byxon Center, Et1.. 49315
, hereinafter referred to as the Principal, and
Western Surety Company
as Surety, are held and firmly bound unto City of Elgin
of 150 Dexter Court, Elgin, IL 60120
, hereinafter referred to as the Obligee, in the amount of
1.0 4L Amount B t...... >a of
(Amount Bi. _), for the payment of which we bind ourselves, our legal representatives,
successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for_.._.___.._....,._
1nsta1lati.or, of Single moste Fiber Ont.ic Cable -__ _
NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be
specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or
contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the
damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this
obligation shall be void; otherwise to remain in full force and effect.
SIGNED, SEALED AND DATED this _.. 24th day of _April 2•007
Principal
Turn-Key Network. Solutions;. Inc•.
Surety
Western Surety Company
BY: _ _�s''a4
Dennis . H- dricks ,Attorney-in-Fact •
•
Form F4595-8-2001
• .
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
Thomas L Stuit,Dennis Jay Hendricks,Edward W Berends,Jerry H Niewiek,Individually
of Grandville,MI,its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf
bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts—
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 27th day of October,2006.
suatr,.
WESTERN SURETY COMPANY
.7412.4Z7-Paul .Brufat,Senior Vice President
State of South Dakota
ss
County of Minnehaha
On this 27th day of October,2006,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that
he resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and
acknowledges same to be the act and deed of said corporation.
My commission expires
D.KRELL
November 30,2012 / \NOTARY PUBLIC/ J
r SOUTH DAKOTA r
D.Krell,No ary Public
CERTIFICATE
I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 24th day of April , 2007 .
Ec WESTERN SURETY COMPANY
eo
Aror*� (4: 24111771 -/
L.Nelson,Assistant Secretary
Form F4280.09-06
lob F 6-
c�i City of Elgin Agenda Item No. .—
r it
E `
May 18, 2007 L i.p `ig QqQ
rfPt ► M
a 111
TO: Mayor and Members of the City Council I L 6P i1�i QIQ
N � ,„
FROM: Olufemi Folarin, City Manager :p‘4.0
Jeff Massey, MIS Director RNAM IA YS ENT IITTY VI GOVERNMENT
EF AND[DUALITY INFRASTRUCTURE
SUBJECT: MIS RFP 07-055 Installation of Fiber Optic Cable
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider an agreement with Turn-Key Network Solutions, Inc. for the installation
of fiber optic cable.
RECOMMENDATION
It is recommended that the City Council approve the agreement with Turn-Key Network
Solutions, Inc in the amount of$513,505 for the installation of fiber optic cable.
BACKGROUND
In 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 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, Police
Department, Hemmens Auditorium, Fire Station 1, FS2, FS3, FS4, and FSS. Elginet has proved
to be of such usefulness and benefit that all of the fiber strands provided by Jones are now being
used by one of the four partner agencies.
In 2002 and 2003 the City extended the fiber network, adding more than 10 miles of new fiber
that connected the Public Works facility, the Water Department facilities at Slade Ave meter
shop, Riverside Water Treatment Plant, Airlite Water Treatment Plant, Wing Park facilities,
Lords Park facilities, Highlands Pro Shop, Sports Complex facilities, Bluff City Cemetery office,
and Fire Station 6. At the completion of that fiber project, all City facilities were connected to
the fiber optic wide area network. The fiber network provides a high bandwidth backbone that
allowed the City to install a Voice Over IP phone system in 2003. The VOIP system has saved
the City over $200,000 per year in telephone communication charges over the last 4 years,
completely paying for the cost of installing the fiber. The fiber WAN also allows the City to
have a centralized data storage and server infrastructure reducing system acquisition and
maintenance costs.
RFP 07-055 Installation of Fiber Optic Cable
May 18, 2007
Page 2
To continue the success and usefulness of the fiber optic network, all new City facilities have
been scheduled to receive the fiber. The subject contract will add almost 10 miles of new fiber
to the City network. Fiber optic cable will be installed from Riverside Water Treatment Plant to
Airlite Water Plant in conduit that was installed as part of the 2005 water main project. This will
provide a fiber loop between the water plants to allow the water SCADA management system to
remain fully operational in the event of a break in the network and provide fiber capacity for new
City facilities west of Randall Road. This new fiber will then be extended to the Hawthorn Hill
nature center, Fire Station 7, and the Bowes Creek Country Club.
The fiber itself has a useful life expectancy of more than 30 years. This fiber network will also
serve as a backhaul connection for the City-wide, outside wireless network system now being
designed. Each City facility with a fiber connection will be a primary access point to bring the
wireless network into the city system.
Five vendors responded to the request for proposals. All five are highly qualified fiber optic
contractors. Turn-Key Network Solutions, Inc. has provided the most responsive, lowest cost
proposal. The cost tabulation sheet is attached. Turn-Key has been installing fiber cable since
2000 and has completed several similar projects for other municipalities and communication
carriers in the Northeastern Illinois area. Turn-Key has a local office in Huntley Illinois.
References were contacted and provided very positive recommendations.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Toll Brothers representatives have initially indicated that the installation of fiber optic cable is
not included within the scope of the golf course development agreement with the City and as a
result is not their financial responsibility. Conversations between the parties are ongoing in an
effort to resolve the issue.
AFINANCIAL IMPACT
itoL.,
The contract with Turn-Key Network Solutions, Inc is for $513,505. There are funds budgeted
and available for the installation of fiber optic cable. The project has been divided into four
segments. Each segment has its own funding source.
Segment 1 Riverside WTP - Airlite WTP ; $105,350 ;Water Operating Fund, account number
401-4002-771.91-46, project 409698, $125,000 budgeted and available.
Segment 2 Airlite WTP - Hawthorn Hill ; $ 63,055; Park Development Fund- West Zone
Capital, account number 340-0000-795.92-36, project 509501; $1,214,675 budgeted, $104,915
available.
RFP 07-055 Installation of Fiber Optic Cable
May 18, 2007
Page 3
Segment 3 Hawthorn Hill - Fire Station 7; $233,850 ; Riverboat Lease Fund, account number
276-0000- 791.92-36, project 289506; $4,902,350 budgeted, $1,736,000 available.
Segment 4 Fire Station 7 - Bowes Creek CC $111,250 ; Riverboat Lease Fund, account number
276-0000-791.92-32, project 509687; $200,000 budgeted and available.
v\f"\)LEGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to approve the contract with Turn-Key Network Solutions.
2. The City Council may choose to award the contract to a qualified competing vendor.
3. The City Council may choose to not award the contract for installation of fiber optic
cable.
Respectfully submitted for Council consideration.
JM
Attachment
RFP 07-055 Installation of Fiber Optic Cable
May 18, 2007
Page4
RFP 07-055 Installation of Fiber Optic Cable Cost Tabulation Sheet:
Vendor Total Cost
Turn-Key Network Solutions $513,505
002— 84th Street
Byron Center, MI 49315
Michels Corporation $608,279
817 W. Main St
Brownsville, WI 53006
Kelso-Burnett $639,429
5617 Sockness Dr.
Rockford, IL 61109
Adesta $696,708
1200 Landmark Center
Omaha, NE 68102
Pace Systems $729,963
2040 Corporate Lane
Naperville, IL 60563