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HomeMy WebLinkAboutC28270 Citywide Rplcmnt of Data Network CablingCITY OF PALM DESERT FINANCE DEPARTMENT STAFF REPORT REQUEST: AWARD OF CONTRACT NO. C28270 TO ADEPT COMMUNICATIONS IN THE AMOUNT OF $49,934.81 FOR THE CITY-WIDE REPLACEMENT OF DATA NETWORK CABLING BY: PAUL S. GIBSON, DIRECTOR OF FINANCE DATE: OCTOBER 23, 2008 CONTENTS: CONTRACT NO. C 28270 Recommendation: By Minute Motion: 1. Award a contract to Adept Communications in an amount not to exceed $49,934.81 to replace the data network cabling in City Hall, Visitor Center, Energy Management and Corporation Yard Buildings; 2. Authorize Finance Director to approve a 10% contingency in the amount of $5,000; 3. Authorize the Mayor to execute same; and 4. Funds are available in 110-4190-415-4040 account. Background: Most of the network cabling at the City Hall facility is old, and will not support high speed connections. The cable is also too old to allow for the possibility of using a voice over IP phone system. In order to bring our data network to a modern level and comply with industry standards, we issued an RFP to replace the data network cabling at the City Hall facility. The RFP also included replacing the older cable at the Corporation Yard, and installing network cabling at the Energy Management office. The Visitor Center Building has new cable installed; the contractor will only be testing it to verify that the cable is up to standards. Upon the due date, three vendors submitted bids for the specified needs of the City of Palm Desert. The results from the bid opening are as follows: Vendor Location Bid Amount Adept Communications La Quinta $49,934.81 Tele-Line Communications Riverside $61,225.00 Comtech Infrastructure Solutions Ontario Non -Responsive Staff recommends that Adept be awarded the contract because they provided the requested information correctly and their cost is desirable compared to the other two vendors that submitted RFP's. Comtech Infrastructure Solutions bid was considered non -responsive. Funding is available in account 110-4190-415-4040. Therefore, staff recommends that the City Council award the contract in the amount of $49,934.81 (plus a 10% contingency) to Adept Communications for replacing data network cabling. Submitted By: Paul Gibson, Director of Finance Approval: Carlos L. Ort PSG:cat City Manager CITY COUNCIL ACTION: APPROVED V DENIED,. RECEIVED OTHER, 'MEETING DATE Je AYES : Fe(51tScrl de ke liy,;VI;ejtl 61.0.-nn VOE3: A ieylp ..... ABSENT: ABSTAIN: A! i ;n N VERIFIED BY: PTV' J Original on File with City Clerk's OffirE AGREEMENT THIS AGREEMENT is made and entered into this 23�d day of October, 20081 by and between the City of Palm Desert, California, hereafter called "CITY", and Adept Communications hereinafter called "Contractor". WITNESSETH RECITALS: Contractor has submitted to CITY its Contractor's Proposal for the following City project, 1. REPLACING DATA NETWORK CABLING AT THE CITY HALL, VISITOR CENTER, ENERGY MANAGEMENT AND CORPORATION YARD BUILDINGS, - in strict accordance with the Contract Documents identified below and CITY has accepted said Proposal. 2. Contractor states that it has re-examined its Contractor's Proposal and found it to be correct, has ascertained that its subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accardance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The Bidder's Bond; (� The Performance Bond; (g) The Payment Bond; (h) Addenda(if applicable) No. 1; (i) Any Change Orders issued; (j) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within FORTY-FIVE (45) calendar days from the Notice to Proceed date to the satisfaction of the City's Representative. 3. In performing its responsibilities under this Agreement, Contractor shall comply with all federal, state, and local laws and regulations pertaining to the storage, use, and disposal of"hazardous or toxic wastes, substances, or materials" as defined by applicable law, to the extent such "hazardous or toxic wastes, substances, or materials" are within Contractor's control. The Contractor agrees to indemnify the 1 City for any costs, fees, fines or losses that may result from environmental contamination or natural resource damage on the subject property if caused by the Contractor's performance in storing, using or disposing of hazardous or toxic substances or materials or wastes such as, but not limited to, paints, lacquers, thinners, and other type coating or other water treatment chemicals. The City acknowledges and agrees that the City shall be responsible for any legal or other liability or damage arising out of the presence of environmental contamination or natural resource damage on the subject property by any cause other than the Contractor's performance in storing, using or disposing of hazardous or toxic substances or materials or wastes such as, but not limited to, paints, lacquers, thinners, and other type coating or other water treatment chemicals. 4. Contractor agrees to indemnify, defend and save CITY and its officers, agents and employees harmless from: a) Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to Contractor's employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of Contractor, its subcontractors, its agents or employees, and, all expenses of investigating and defending against same, b) Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material-men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. Attention is directed to the General Specifications, in its entirety are made part of this Agreement as set forth in Agreement paragraph 1, above. 5. Liquidated damages shall be $500.00 dollars per calendar day of delay. 6. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the CITY or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by CITY, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. 9. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes Contractor's 2 certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: Adept Communications gy; Attest By: Signature to be notarized Title: Title: OWNER: CITY OF PALM DESERT gy; Attest By: Title: Mayor of Palm Desert. California Title: City Clerk of Palm Desert APPROVED AS TO CONTENT: APPROVED AS TO FORM: PAUL S. GIBSON DAVID J. ERWIN, FINANCE DIRECTOR CITY ATTORNEY 3 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS the CITY OF PALM DESERT has awarded to Adent Communications after designated as the "Principal", a contract for: REPLACING DATA NETWORK CABLING AT THE CITY HALL,VISITOR CENTER,ENERGY MANAGEMENT AND CORPORATION YARD BUILDINGS. WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, Adept Communications the Principal, and as Surety, are held and firmly bound unto the CITY OF PALM DESERT hereinafter called the CITY, in the penal sum of Forty Nine Thousand Nine Hundred Thirty Four and 81/100 Dollars ($49,934.81), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the CITY, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the CITY to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. 4 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of , 2008. SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER 5 CITY OF PALM DESERT PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Adept Communications (hereinafter designated as the "Contractor"), an agreement dated October 23`d, 2008, described as follows: REPLACING DATA NETWORK CABLING AT THE CITY HALL, VISITOR CENTER, ENERGY MANAGEMENT AND CORPORATION YARD BUILDINGS, (hereinafter referred to as the "Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, Adept Communications, the undersigned Contractor, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF PALM DESERT and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of of Forty Nine Thousand Nine Hundred Thirtv Four and 81/100 Dollars ($49,934.81), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Contractor and his or its Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the Contractor or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 6 Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WI'INESS WHEREOF, we have hereunto set our hands and seal this day of , 20 PRINCIPAL/CONTRACTOR: SURETY: (Typed Name of Contractor) (Typed Name of Surety) By: By: (Signature) (Signature of Attorney-in-Fact) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is per thousand. The total amount of premium charged: $ (Corporate surety must fill in the above). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California lnsurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California lnsurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) 7