Loading...
HomeMy WebLinkAboutResolution - 2007-R0106 - Contract - JM Fiber Optics Inc.- Fiber Optics Testing And Training - 03/22/2007�7 Resolution No. 2007—RO106 March 22, 2007 Item No. 5.19 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and JM Fiber Optics, Inc., of Chino, California for fiber optics testing and training per ITB 07 -018 -RW, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 22nd day of March , 2007• ATTEST: DAVID A. MILLER, MAYOR 4QJ4-ec.aCss '5�-� Rebecca Garza, City Secretary ED AS TO LATENT: .es Loomis istant City Manager/Transportation and Public Works APPROVED AS TO FORM: ver,-Attorneyy of D Dres/OfficeDepot07ConRes March 20, 2007 Resolution No. 2007-RO106 Fiber Optics, Inc. Supply — Integration — Installation — ETA® Certification Training MATERIAL., EQUIPMENT AND TRAINING CONTRACT THIS MATERIAL, EQUIPMENT AND TRAINING CONTRACT (the "CONTRACT") is made this twenty first day of March 2007 by and between JM Fiber Optics, Inc., a California Corporation, located at 6251 Schaefer Avenue, Suite D, Chino CA 91710 (the "Supplier") and the City of Lubbock, located at 1625 13th Street, Lubbock, TX 79457 (the "Customer"). The Customer, for the considerations hereinafter named, agrees to the follows: SECTION 1. THE WORK OF THIS CONTRACT The Supplier and the Customer agree that the Supplier is to perform the following, which shall be defined as the work (the "Work")-. Provide the City of Lubbock with products and training services as outlined in our proposal submitted March 8, 2007 and outlined below per the requirements of RFQ 07 -018 -RW. PRODUCTS UNIT QTY PART NUMBER 1 DESCRIPTION EA 1 CMA4500 f Nettest OTDR, SM/SC, software, VFL EA 2 FB1 -SM-1 000 -SC -SC 1 1KM SC fiber launch box EA 1 JM -F1-0017 f Buffer tube stripper EA 1 MK021 Rotary cable slitter (4.5mm to 28.5mm OD) EA 1 OFS300-400C 1 Noyes 400x inspection microscope EA 1 JM -F1-64301 Kevlar Shears EA 1 FSM -50S -KIT 1 Fujikura FSM -50s fusion splice kit EA 1 NN203 / No-Nik 203um fiber buffer stripper EA 1 SLP5-6D 1 Noyes SM test kit wMave ID EA 1 VF12-00-0900 / Noyes visual fault locator EA 1 LSSG 1 Laser shielded safety goggles EA 1 JM -700T -KIT ! VS300 1 VCP1 1 Termination and restoration kit with Noyes view inspection scope and software BX 41 JM -10031 Optic prep tissue pack (50 count) EA 2 JM -0001V f Index matching gel (A oz) 6251 Schaefer Avenue, Suite D -Chino, CA 91710 ] Phone: (909) 628-3445 - Fax: (909) 628-1990 — www.jmfiberoptics.com California State Contractor's License Number 772630 JM Fiber Optics is a Certified 8(a) MBE/DBE Fiber Optics, Inc. Supply — Integration — Installation ETA@ Certification Training PK 11 JM -25183 / 2.5mm wrapped swabs (100 pk) EA 3 C036692 / Cletop-A (400 swipes/reel) EA 31 JM -FPS -60 1 Fusion splice protectors (50 pk) EA 210 ND -353 / Epoxy EA 210 JM-FT3ML / Epoxy syringe SERVICES 5 -Day ETA® Fiber Optic Installer certification training for a total of 12 students 12 - ETA® FOI exams Instructor lodging, travel, meas and misc. expense CONTRACT TOTAL: $64,753.85 Note: Applicable State, local and Federal tax will be added to this Contract. SECTION 2. TERMS AND CONDITIONS The Customer agrees to pay the Supplier for the performance of the work, the sum accepted by Customer (the "Supplier Firm Fixed Pricing Proposal"), subject to the provisions set forth below. • This contract assumes there is no requirement for the payment of Texas Prevailing Wages, Davis -Bacon, Waish-Healy Act, Contract Service Act, or any other pre -determined or prevailing wages or fringe benefits. In the event there is a requirement for the payment of specific wages and/or fringe benefits, the difference between such specific wages and/or benefits and the actual wages paid and/or benefits paid, plus JM Fiber Optics normal mark-up for overhead and profit, shall be an extra to this Contract. • If a Payment and/or Performance Bonds are required, this cost will be added to this Contract. • Applicable State, local and Federal tax will be added to this Contract.. • Customer to furnish a clear and open training area each day. The size of the training area will be determined by the Customer and Supplier. • This Contract excludes any liquidated damages. • The Work to be performed Monday through Friday, during normal business working hours (8:00 a.m. to 4:30 p.m.). If for some reason beyond the control of the Supplier, Work must be performed at other times requiring the payment of overtime, the premium portion and all associated costs, plus normal mark-up, shall be an extra to the Contract. 6251 Schaefer Avenue, Suite D - Chino, CA 91710 2 Phone: (909) 628-3445 - Fax: (909) 628-1990 — www.jmfiberopties.com California State Contractor's License Number 772630 JM Fiber Optics is a Certified 8(a) MBE/DBE Fiber Optics, Iii • Supply — Integration — Installation — ETAt Certification Training • Customer shall secure and pay for permits and governmental fees, licenses and inspections,� necessary for proper execution and completion of the Work unless otherwise specified by the Contract. • This Contract is based on the completion of the entire requirements of RFQ 07 -018 -RW. A reduction in the amount of work to be completed will increase the price of the individual work items. • Alterations or deviations, if any, from the requirements of RFQ 07 -018 -RW, or any delays or postponements of work by the Customer or his agents which result in additional material or labor costs, will become an extra charge, which will be billed as an addition to this Contract at the hourly labor rate of $125 along with equipment and/or material costs in effect at the time. Any extra move on or off the Customers site, due to circumstances beyond the Suppliers control, will be billed as an extra as stated above. • Terms for the payment of all invoices are net thirty (30) days from the acceptance of this Contract with a one -and -one half percent (1'/%) monthly interest charge on all past due accounts. In the event legal action is instituted to enforce any of the terms or conditions of this proposal, the prevailing party shall be entitled to recover reasonable attorney's fees and collection costs. • To the fullest extent permitted by law, the Customer shall indemnify and hold harmless the Supplier and all of their agents and employees from and against all claims, damages, losses if any kind, including economic losses, costs, and expenses, including without limitation, attorneys' fees, arising out of, or resulting from, the performance of the Supplier under this Contract. • The Supplier warrants to the Customer that the products furnished under this Contract, will comply with the requirements of RFQ 07 -018 -RW. The Supplier warrants, under the manufacturers limited warranty, that the products supplied by the Supplier shall be new and free of defects for a period of one (1) year from the date of substantial completion of the Work. • This proposal is predicated on the terms and conditions contained herein and shall not be modified by any other terms and conditions, including other payment terms, which may be agreed upon by the Customer and Supplier. • This Contract is subject to negotiation of an acceptable form of contract between the Customer and Supplier. • Work will be completed in an agreed upon timeframe set by both the Customer and Supplier. 6251 Schaefer Avenue, Suite D - Chino, CA 91710 Phone: (909) 628-3445 - Fax: (909) 628-1990 — www.jmfiberoptics.com California State Contractor's License Number 772630 JM Fiber Optics is a Certified 8(a) MBEI©BF Fiber Optics, Inc. Supply - integration - Installation - ETA@ Certification Training ACCEPTED THIS 22nd DAY OF March CITY OF LUBBOCK, TEXAS , 2007 By: David A Miller, Mayor ATTEST: APPROVED AS TO CONTENT: By: By; (12,z� R becca Garza, City Secretary e I D. H aA, Vf i raffrc EnJ neer APPROVED AS TO FORM: By: `D di a Attorn o nuns JM FIBER OPTICS, INC. By.�, Kenneth G. Rivera, President ATTEST: BY: n,, -71 a M. Rose, Vice President 6251 Schaefer Avenue, Suite D - Chino, CA 91710 4 Phone: (909) 628-3445 - F'az. (909) 628-1990 — www.jmfiberoptics.com California State Contractor's License Number 772630 JM Fiber Optics is a Certified 8(a) MBE/DBE