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Home My WebLink AboutAgenda Report - May 5, 2010 D-05AGENDA ITEM b'so CITY 1 �PCOUNCIL 9</FORS AGENDA TITLE: Adopt Resolution Rejecting Non -Responsive Bids, Awarding Contract for Municipal Service Center PBX Replacement Project to AdvanTel Networks, of Sacramento ($183,856.91) and Appropriating Funds ($200,000) MEETING DATE: May 5,2010 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt a resolution rejecting non-responsive bids, awarding the contract for the Municipal Service Center PBX Replacement Project to AdvanTel Networks, of Sacramento, in the amount of $183,856.91 and appropriating funds in the amount of $200,000. BACKGROUND INFORMATION: This project consists of replacing the Municipal Service Center (MSC) PBX with anew Voice Over Internet Protocol (VOIP) system to provide expanded phone system capabilities and to provide pathways for technology-based communications throughout the MSC complex. Facilities served by the existing MSC PBX include: Public Works, Transit Vehicle Maintenance Facility, Warehouse, Animal Services and the Electric Utility Department. The Requestfor Proposalsfor this projectwas approved by City Council on February 3, 2010. The City received the following four proposals for this project on March 16, 2010. Bidder Engineer's Estimate AdvanTe I Networks Vox Network Solutions *NetVersant, Inc. (non-responsive) *Cross Telecom (non-responsive) Location Sacramento Sacramento Fremont San Jose Proposal $150,000.00 $183,856.91 $231,852.85 $162,948.75 $182,166.88 *The NetVersant Solutions and Cross Telecom bids included "Bid Clarification" comments and have been determined to be non-responsive by the City Attorney. A city is required to reject a bid as non-responsive when the response: 1) affects the amount of the bid; 2) gives a bidder an advantage over others; 3) provides a potential vehicle for favoritism; 4) might cause other potential bidders to refrain from bidding; or 5) affects the ability to make bid comparisons (Ghillotti v. City of Richmond (1996) 45 Cal.App.4tn 897) NetVersant's and Cross Telecom's clarifications give them an advantage, affect the amount of the bid and affect bid comparisons because they state they will not provide services required in the bid package. Staff is recommending the appropriation of $200,000 to cover construction costs, testing and inspection, City staff time, and contingencies. APPROVED: Blair King Cit anager K UP\PROJECTSWIISC\MSC PBX Replacement Project\CAward MSC PBX.doc 4/20/2010 Adopt Resolution Rejecting Non -Responsive Bids, Awarding Contract for Municipal Service Center PBX Replacement Project to AdvanTel Networks, of Sacramento ($183,856.91) and Appropriating Funds ($200,000) May 5,2010 Page 2 FISCAL IMPACT: Funding will be from Electric Utility, Water Utility, Wastewater Utility and Transit funds. FUNDING AVAILABLE: Requested Appropriation: Electric Utility (161) Water Utility (18 1 ) Wastewater Utility (17 1) Transit (1250) $50,000,000 $50,000,000 $50,000,000 $50,000,000 J6(- an Ayers Deputy City Manager/Internal Services Director I J/1 F. Wally Sabfdelin PublicWorks Director Prepared by Gary Wiman, Construction Project Manager FWS/GW/pmf cc: City Attorney Purchasing Officer ManagementAnalystAreida-Yadav K:\WP\PROJECT8\M18C\MSC PB)(ReplacernentProject\CAward MSCPBX.doc 4/20/2010 City of Lodi MSC PBX Replacement Project CONTRACT CITY OF LODI, CALIFORNIA THIS CONTRACT made by and between the CITY OF LODI, State of California, herein referred to as the "City," and ADVANTEL NETWORKS, herein referred to as the "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other, as follows: The complete Contract consists of the following documents which are incorporated herein by this reference, to -wit: Request for Design/Build Proposal Bridging Documents Bid Proposal (Contractor Provided Schedule of Values) Special Provisions Contract Contract Bonds Addenda All of the above documents, sometimes hereinafter referred to as the "Contract Documents," are intended to cooperate so that any work called for in one and not mentioned in the other is to be executed the same as if mentioned in all said documents. ARTICLE I - That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City and under the condition expressed in the two bonds bearing even date with these presents and hereunto annexed, the Contractor agrees with the City, at Contractor's cost and expense, to do all the work, furnish all labor and furnish all the materials except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete in a good workmanlike and substantial manner and to the satisfaction of the City the proposed improvements as shown and described in the Contract Documents which are hereby made a part of the Contract. ARTICLE 11- The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide all materials and services not supplied by the City and to do the work according to the terms and conditions for the price herein, and hereby contracts to pay the same as set forth in Clauses 65 and 66 Special Conditions, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE Ill - The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division 2 of the Labor Code. The Contractor and any Subcontractorwill pay the general prevailing wage rate and other employer payments for health and welfare, pension, vacation, travel time, and subsistence pay, CITY OF LODI PAGE I apprenticeship or other training programs. The responsibility for compliance with these Labor Code requirements is on the prime contractor. ARTICLE IV - And the Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Contract Documents and the requirements of the Engineer under them, to -wit: TOTAL CONTRACT AMOUNT Guaranteed Maximum Price *$183,856.91 *Exhibit A is the Schedule of Values from Contractor dated March 15,20 10. ARTICLE V - By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' 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. ARTICLE VI - It is further expressly agreed by and between the parties hereto that, should there be any conflict between the terms of this instrument and the Bid Proposal of the Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VII - The City is to furnish the necessary rights-of-way and easements for the work as specified under the Special Provisions, All labor or materials not mentioned specifically as being done by the City will be supplied by the Contractor to accomplish the work as outlined in the documents. ARTICLE VIII — The Contractor agrees to commence work pursuant to this contract and to diligently prosecute to completion in accordance with the following schedule: 1. Complete design and submission of plans to the City of Lodi Building Department within 60 calendar days after the Notice to Proceed; 2. City of Lodi Design Review Time: 15 Calendar Days 3. Complete construction 30 calendar days after the date of the City of Lodi Building Permit issuance. 4. Total Construction Project (excludingBuilding Department Permit Review): 105 calendar days. When signing this contract, the Contractor agrees that the times of completion for this contract are reasonable, that failure to meet the milestones completion shall result in the assessment of liquidated damages charges to the Contractor, and that the Contractor agrees to pay the City liquidated damages of $1,000.00 per day for each day the work is not totally completed beyond the times specified in the preceding paragraph. Contractor agrees that this amount may be deducted from the amount due the Contractor under the contract. CITY OF LODI PAGE 2 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date written below. CONTRACTOR CITY OF LODI Title (CORPORATE SEAL) By: Blair King, City Manager Date: Attest: Randi Johl, City Clerk Approved as to form: D. Stephen Schwabauer, City Attorney CITY OF LODI PAGE 3 Exhibit A -' `-� AdwAlrei.Inc. SCHEDULE OF VALUES �T VA�7 EL 3266 Ramos Cade NTWB17AS LE Sacramento, CA 95827 3,000.00 . ___... (916)029.9109 Stratum 3 dock ContrPCP Assyreplaces NTAK20AD $ -359.17 S Contractors License 633064 $ 5,000.00 $ Submitted to: CITYOF LODI, CA to t met a crrr Account Manager TOTAL DATAEQUIPMFNT 5 LynnSemingson Contact: Gary R Wlman $ 262.50 $ 918-5044171 Phone: 209333.6076 NTE907AD 1 Premium Service Pkg TDM User License $ 100.00 $ 1,600.00 Date: 3118/2010 CITY OF LODI PBX REPLACEMENT 140.00 $ 14,420.00 PBX UPGRADEHARDWAREAND SOFTWARE NTE96BED Q Model Description Discounted Unit Cost Extended Total Cost 1 NTWB17AS System Upgrade lat to CS 1000E CPPM - SA - $ 310011.00 $ 3,000.00 2 NTAK20ADB Stratum 3 dock ContrPCP Assyreplaces NTAK20AD $ -359.17 S 718.34 $ 5,000.00 $ 5,000.00 to t met a crrr SURETY BONDD436qSE TOTAL DATAEQUIPMFNT 5 NTDW63BAES ASSY, CS1000MGC SOOBTADAPTER(ROHS) $ 262.50 $ 1,312.50 16 NTE907AD 1 Premium Service Pkg TDM User License $ 100.00 $ 1,600.00 103 NTES VEB 1.1 Premium Service Package IP User License$ 140.00 $ 14,420.00 15 NTE96BED Convert 1 TDM to S IP User License $ 40.00 $ 600.00 1 NTHU62AC CPPM Signaling Server (Chassis orCabinet) -R6 $ 2,100.00 $ 2,100.00 1 NTM427ACE6 CP PMSignaling ServerS/W on CorrloactFlash-RIs 60 with NTM44057E6 that Includes software Instail files software, PEPS blank backup 26B CF $ $ 1 NTTKI4ABE6 AC Power Cord - NA NEMA 5-15P 125V 13A 10it $ 16.67 $ 16.67 1 NTWB19AB SA to HA CPPM Upgrade Kit - $ 3,250.00 $ 3,250.01) 4 NTWB22AB Conversion to MG 1000E $ 2,4DD.00 $ 9,600.00 1 NTTL04EA TM 50 Sets Licenses Expansion $ 159.17 $ 159.17 1 NTE9000R gt andafd Avaifablf to High AvailabiltyCPPM t onfWuriition Change $ 12;SOD.00 $ 12,500.00 1 NTE96DJC System Upgrade to Communication Server 1000E CPPM Standard AvailabillIq $ 650.00 $ 650.00 1 NTM441CC Compact Flash S/W Inst Kit Dual Prcessor (CPPM) R6 with 512 MB Compact $ $ 1 N7TL43AD SRS Upgrade Upgrade to TM 4.0 $ $ 584 SVOM0068 Software Release Subscription Enablement - Software Upgrade Like for Like $ 1 NTAK20ADES Stratum 3 dock ContrPCP replaces NTAK20AD 59.17 $ 359.17 1 NTBK80BA Ground Bar Option 11Cfor same room AC Cabinets (1 per system if 2 or 38.34 $ 38.34 5 NTDU0606E6 IP O/8 R145 M to M Ethernet Cable (25cm) 36.67 $ :$2,250.DD 183.35 2 NTDU22HB Media Gateway 1000E Chassis $ 4,51)0.001 NTDU23AC Media Gateway 1000 nder 3750 $ 1,037.50 1 NTHU62AC CPPM Signaling Server (Chassis orCabinet) -R6 $ 2,100.00 $ 2,100.00 1 NTM427ACE6 CP PM Signaling ServerS/W on Compact Flash-RLs 6.0 with NTM44057E6 $ $ 1 NTSF680D Option 11CTMDI Package (1.SMB) $ 1,576.67 $ 1576.67 3 NTTK14ABE6 AC Power Cord - NA NEMA 5-15P 125V 13A 10ft $ 16.67 $ 50.01 118 NTYSOSBCE6 IP Phone 1140E - Graphite with Eng keycaps, no power supply (RoHS) $ 300.00 $ 3SAW-00 703 GU43GOAQQ- CSSODO-PartnerAssuranceSoftwareSupport-Plus upgrades-$ 11 $ 10.32 $ 7254.96 703- GU430OAQQ CS3000- Part; erAssurance Software Support -Plus upgrades-SLNAQQ $ 10.32 $ 7,254.96 NOTAL PBXHARDWARE SOFTWARE 1 $ 109,718,31 DATA EQUIPMENT Model Description DiscountedUnit Cost Extended Total Cost 2 HPP-J9089At1ABA ProCurve2610.48 PWR $ 1,711.851 $ 3,423.70 2 HPP-J9089A#ABA ProCurve 261024 PAR $ 1,001,49 $ 2,002.98 3 W490860ABA ProCurve2610-24/12 PWR $ 614.60 $ 1,843E0 $ 5,000.00 $ 5,000.00 I SURETY BONDD436qSE TOTAL DATAEQUIPMFNT $ 7,270,48 SALES TAX Qty jModel Desnipllon 1 TOTALSALESTAX $ 10,236,52 LABOR/ TELECOM AND DATA Qty Model Description Description unit usf 1 PBXLABOR PBX Labor. Includes Protect management, 32Hrs after hours, Train the trainer for 6-10 people, 1dayposteutonsite $ 16,600.00 $ 16,600.00 1 IT LABOR Leorfor LANSurvey, Switch Deployment VLANProgramming 5,510.00 5,510.00 1 R LABOR LABOR ALLOWANCE FOR DATA CHANGE ORDERS $ 5,000.00 $ 5,000.00 1 bond SURETY BONDD436qSE TOTAL LABOR $ 27,110.00 Qty Model Description unit usf ENd th 24 Maintenance/dvle Center 24X7)(365 Hardware, Software, Monitoring/ exclude hones $ 768.35 $ 1$440.40 12 Maintenance/Service b n t 24X7X365 Hardware, Software, Monitoring/ exclude hones $ 149.10 $ 1,789,20 AdvanTel Networks Proprietary 2 of 2 TOTAL SUPPORT 20 229,60 Octel 250, EndofSupport. Besteffortstime and materialonly 1 IBOND ISURETY BOND EXPENSE $ 9,292.00 TOTAL SCHEDUt : nF VCI_ItES PRICING, PnSTFn nM GIBARANTERn MAXIMUM PRICE PAGE S 183.856.91 SIGNEDAND DATED BY. PRINTEDNANE Ge PRINTED TITLE zj jib /��,� / /y �" 19 /} AZ& A AdvanTel Networks Proprietary 2 of 2 RESOLUTION NO. 2010-52 A RESOLUTION OF THE LODI CITY COUNCIL REJECTING NON-RESPONSIVE BIDS; AWARDING CONTRACT FOR MUNICIPAL SERVICE CENTER PBX REPLACEMENT PROJECT; AND FURTHER APPROPRIATING FUNDS WHEREAS, in answer to notice duly published in accordance with law and the order of this City Council, sealed proposals were received and publicly opened on March 16, 2010, at 2:00 p.m. for the Municipal Service Center PBX Replacement Project, described in the request for proposals therefore approved by the City Council on February 3,2010; and WHEREAS, said proposals have been checked and tabulated and a report thereof filed with the City Manager as follows: Bidder Proposal AdvanTel Networks $183,856.91 Vox Network Solutions $231,852.85 NetVersant, Inc. (non-responsive)" $162,948.75 Cross Telecom (non-responsive)* $182,166.88 WHEREAS, the NetVersant and Cross Telecom proposals included "Bid Clarification" comments and have been determined to be non-responsive by the City Attorney. A city is required to reject a bid as non-responsive when the response: 1) affects the amount of the bid; 2) gives a bidder an advantage over others; 3) provides a potential vehicle for favoritism; 4) might cause other potential bidders to refrain from bidding; or 5) affects the ability to make bid comparisons (Ghillotti v City of Richmond (1996) 45 Cal.AppAth 897). The NetVersant Solutions' and Cross Telecoms' clarifications give them an advantage, affect the amount of the bid, and affect bid comparisons because they decline to provide services required in the bid package; and WHEREAS, staff recommends awarding the contract for the Municipal Service Center PBX Replacement Project to the lowest responsive bidder, AdvenTel Networks, of Sacramento, California; and WHEREAS, staff recommends appropriating $200,000 to cover construction costs, testing and inspection, City staff time, and contingencies. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby determine that the NetVersant and Cross Telecom proposals, which included "Bid Clarification" comments, to be non-responsive and reject those bids; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby award the contract for the Municipal Service Center PBX Replacement Project to the lowest responsive bidder, AdvanTel Networks, of Sacramento, California, in the amount of $183,856.91; and BE IT FURTHER RESOLVED that funds in the amount of $200,000 be appropriated for the project from Electric Utility, Water Utility, Wastewater Utility, and Transit funds. Dated: May 5, 2010 hereby certify that Resolution No. 2010-52 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 5, 2010, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and Mayor Katzakian NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None 2010-52