Res 1463 - Agrmt Adv Comm Tech
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COUNCIL BILL NO. 1862
RESOLUTION NO. 1463
A RESOLUTION ENTERING INTO AN AGREEMENT WITH ADVANCED
COMMUNICATION TECHNOLOGIES, INC. TO PROVIDE FIBER OPTIC CABLING
AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT.
WHEREAS, the City has adopted an Information Systems Strategic Plan in order to
update and implement an efficient computer system; and
WHEREAS, a portion of this plan is to provide fiber optic cabling to connect City
computer facilities; and
WHEREAS, the City requested proposals to provide said fiber optic cabling; and
WHEREAS, Advanced Communication Technologies, Inc. submitted a proposal which
was accepted by the City Council to provide said fiber optic cabling; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an agreement with Advanced
Communication Technologies, Inc. to provide and install fiber optic cabling.
Section 2. That the Mayor is authorized to execute, on behalf the City, said agreement, a
copy of which is affixed hereto as Attachment" "and by this reference is incorporated herein.
Approved as to form~ ~ 2: '] - '1'6
City Attorney Date
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder ,
ATTEST: fY/li;. ~sl
Mary T ant, CIty Recorder
City ofW oodburn, Oregon
APPROVED:
Nancy A.
February 9, 1998
February 10, 1998
February 10, 1998
February 10, 1998
PAGE 1- COUNCIL BILL NO.
RESOLUTION NO.
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AGREEMENT
ATTACHMENT A
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TInS AGRBEMBNT is made IUd eateRd into as olthe date first iDdicated on the
~ture page, by &ad bcw,~ the City ofWoodbum, 0Rg0IIj m Oregon IlUli.cipaI corporation,
(bereinafta' refeaed to u "CitY'), IIId Advuced CnmmlJ-vcation TechnoIogies,Jnc., an Oregon
Corporation, (heRinafter refemd to as ~ntractor"). .
1. ~pe orWork
Contractor sbaJl provide &ad install for City Fiber Optic CabIiag in strict accordance with
all requiremeats &ad ~ l"nIItJined in EDibit A, (the City of Woodburn Request
for Proposal for Fiber Optic CabHng) and ExlnDit B, (Contractcrl response to the
Request for Proposal for Fiber Optic Cabling). AD provisions and covenants contained in
ExIu"bit A and Exhibit B arc hereby specificaJly incorponted by reference and sball become
a part of this Agreemeot u iftWly set forth hecein. Contractor shall furnish all labor and
materials for said cabling work.
AD of the work: and servic:es provided by Contractol' sbaJl be in strict conformity with the
speci1ications cont.ained in Exhibit A and Exhibit B. If the apecifications arc DOt
sufficiently dear to permit Contractor to proceed with inJhtmng or providing the ~
City will, upon request from Contractor, fbmish additional instructions, together with such
additional ~ as may be ~. When such request is made by Contractor,
it IDI1It be made in ample time to permit the preparation of the instructions and
speclfications before the information is required by Contractor to meet the implementation
schedule. Such additional instructions and specifications shall be consistent with this
Agreemem aud shall have the same force and effect as if contained in the Agreemeot.
2. Contrad Priu
City shall pay Contractor for performance of the work described in Section A an amount
not to exceed Sl1,OOO.oo Said amount is payable as foBows:
A An invoice shall be issued by Contractor for aD work performed under this
Agreemeot which is due and payable upon receipt. SI,loo.oo sbaJ1 be retained by
City until such time as all of Contractor's work is completed and accepted by City.
B. S 1, 100.00 upon final completion of all of Contractor' ~ work and acceptance of the
work by City.
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3. Contnd'lime
ATTACHMENT...d __
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The work IbaII COftUIU'IIICe upon ~Itioa ofthia Apeemeat ad ..... be compIetecI by
March 2. 1998. Coatnct<< IhallIIOt be liable fbr Illy delay GI" aoapedormance caused by
an act of God, strikes, unavaiJabiJity of materials. 01' Illy other CODtiDgcncy beyond
Contractor'. coatroI.
4. In.nnn~
Contractor sbaII obtaia, It Coatractor'. ClCpCDIO, aDd keep iD effect cIuriDg tho term oftbis
Agreemeat, ~ paenlliabiIity iDIurIDce CCMlriaa bodily iqiury and property
damage. Combined IiDgle limit per occumnce IhIII not be lea tIIIt SI,OOO,OOO, 01' the
equivalent. The liability iDIurIDce covense required fbr pedormaace of this Agreement
sbaIl include City, u an adcfltionll insured but only with respect to Contractor'. activities
to be performed under this Agreement.
S. Standard of Care
In the pedormaace ofits ICI'Yices, Cootrador sbaJl use that degree of care and skill
ordiDariIy exerdsed UDder similar cirenftlltlDcel by reputable IPePIben ofits profession
practiciDg in the State of Oregon. Coatnct<< will reperfonn Illy JerVices not ~ this
standard without additional compensation. Contractor'. n:perfornua~ of any services,
even if done It City'. nquat, sbaJl DOt be coD8iderecl u . Ji!IIitation 01' waiver by aty of
any other n:mcdies or claims it may have arising out ofCoatrldor's filiIure to perform in
accordaDce with the Ipplicable standard of care 01' this Apeemeat
6. WalT.aoties
Contractor warrants that aD cquipmc:ot, when installed, will be in good working order and
will conform to the tecbnicaI specifications contained in Exhibit A and Exhibit B. AD
equipment sbaU be new, except u specifically aUowed through stipulation in the Request
for Proposal and accepted response.
Contractor's JZt8ndard W8II'IDty provisions for purchased equipment, to the extent that
they are not less protective of City than the terms oftbis Agreement, sball apply beginning
after acceptance of the work by City.
All implied and expressed W8II'IDty provisions of the Uniform Commercial Code (ORS
Cbaptec 72) are incorporated ~ this Agreement.
7. Risk of Lot. Prior to A~taD~
During the period on-order equipment is in transit or in possession of City, up to and
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ATTAC.MMENT A.
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induding the date ofnw.DtIfioa. u tpeCified by Contractor, or up to IDd in6"'"'g the
date of acoeptaDco by City, Coatnctor ad it insunn relieve at)' ofrapon-ibility for aD
risk ofloa 0( <<~ to. the equip""' TbereIfter, aD risk ofloa 0( <<damIae to,
auch equipmeat IbaJI be OIl aty, except u deIc:ribed in "W1IT8IItiea".
a. Work is ....pet1y ., CI(J
An work in its originII fbrm, inch...... but DOt limited to documePts.. u bunt drawings.
traei~ RCOrdt, myIan, papen, computer ~ diaries and photographs, pedonned
or produced by Coatnctor UDder this Asreemeat JbaD be the ~,iiw property of City
and sbaJI be deIMncI to City prior to final paymeat. Any ItItutory or common law rights
to such property held by Coatnctor u creator of such work sbaJI be COIlVeyed to City
upon request without IdditioDal compensation. Upon City's approval aad provided City
is identified in coDDCCtion therewith, Contractor may include Contractor's work hi its
promotional materials.
9. Oean-up
Contractor IbaIl dean up City'. premises in . thorough and workmtnJike manner to the
satisfaction of City whenever necessuy during the progress of tile work aDd also
whenever requested to do 10 by City.
la IDdftnDW~doD
Contractor ada10wledges responsibility for Iiabi1ity arising out of the negligent
perCo~ oftbia Asreement ad sbaIl hold City, its ofJiccn, agents, ad employees
harmless from, defead ad ~iiy the same of any and a11liability. settlements, loss,
costs and expeoses in coanection with any action, suit, or daim. resulting from
Contractor'. ~geat Ida, or omissions, provided purIU8Dt to this Agreement or ftom
Contractor's &ilure to perform its respoasibiJities as set forth in this Agreement. The
review, approval or acoeptaDco by City, of c:locuments or other work prepared or
submitted by Coatnctor sbaIl DOt relieve Contractor orits responsibility to provide such
materials in filii conformity with 0t1s requirements as set forth in this Agreement and to
indemnify City from any and aU costa and damages resulti"B ftom Contractor's fiWure to
adhere to the standard ofpedonnance desaibed herein.
11. Sub(ontradin.ud Anlpment.
Unless expressly authorized by this Agreement, Contractor shall neither subcontract with
others for any of the work prescribed hecein, nor assign any of Contractor' s rights
acquired hereunder without obtaining prior written approval from City.
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12. Tl!l'llllnatloll
ATTACHMENT ---LL-.
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This Asreemeat may be ter...,....ect for ClOIIftIIieace by either p8Ity with 30 dayi written
notice. or for caDle if either party &ill .....ntitlly to perform through DO &uIt of tile
other aDd does DOt oomnlf!fllCe COI'IeCtion of IUCb DODpeI'formI~ withiD S days ofwritten
notice aDd diIigeady complete tile ccxrec:tioa thereafter.
In the eveat oftat,tifttlOOu, Coatnctor IbaII perform IUCh additioaal work as it DeCasary .
for the orderly fiIiDg of cJoanneqQ aDd eIosing of tile work The time Ipeat 0Il1UCh work
IbaII DOt ex:ceed tell paalIIt (10%) ofdle time IpeIIt prior to the effective date of
termination. at)' IhaIl pay Coatnctor for .n work performed in accontmce with this
Agreement and .n work necessary foe filing and dosing as described in this section.
13. Worken CompenlatioD
Contractor is a subject employer UDder the Oregon Workers' Compensation Law and shall
comply with ORS 656.017, which requires workers' compensation ccm:rage for aD of
their workers. .
14. Bealth ("'.-toe P~eDts
Contractor shall pay when due .n IUIDI, indudi"8 sums withheld ftom Contractor's
employees pay, wbida Coatnctor bas Isreed to pay to health care providers for treatment
rendered to Contractor's employees.
15. Boon of LAbor
No person employed pursuant to this contract sbaIl be employed for more than eight hours
in any one day, or 40 hours in any one week, except in cases ofJleCeSSity, emergency, or
where the public policy, as determined by City, absolutely requires it. Employees sbaI1 be
compensated at the rate of time aDd a baJffoe aD overtime WOlbd in excess of 40 hours in
one week, except for individuals who are emuded from receiving overtime under ORS
653.010 to 653.261 or under 29 U.S.C. See. 201-209.
16. P~ent for LAbor. Material or Service!
A Contractor shall make payment when due to all persons supplying labor or material
for the prosecution of work performed under this Agreement.
B. Contractor shall not permit any lien or claim to be filed or prosecuted against City
on account of labor or material furnished pursuant to this Agreement.
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ATTACHMENT 11
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c. IfComnctor &ill, oeglects.or refhses to make payDIaIt when ~ of any daim for
. labor or services finished to Coatractor or . aubcoab.ctor for wodc perCormecl
punuaut to tis ~ aty may pay IUda claim and dIqe the amouDt of the
paymeat ... fimds 0Mld by Oty to Contnctor.
17. StAte InC!ome Tn: Wid...aldin,
Coutnetor IbaII pay to the 0Rg0a Departmeot ofRewme an IUIDI withheld ftom
employees punuaut to ORS 316.617.
18. lhc:yded P.per ~..Iftd '
To the maximum exteDt economically feasible, Contractor sball use recycled paper in
performing this Agrecmeut.
19. Discrimin.tion Prohibited
No person sba1l be deaied or IUbjccted to discrimination in receipt of the benefits ofany
services or activities made possible by or resu~ ftom this Agreement on the grounds of
sex, race, color, creed, marital status, age, disability or national origin. Any violation of
this provision sball be grouuds for l!II~1ation, taminadon or suspension of tile
Agreement in whole or in part by City.
20. J'umdidion
The law of the state ofOn:gon sball govern the validity of tis Agreement, its
interpretation and performant-.e, and any other claims related to it.
21. Adherence to Law
Contractor sbaIl adhere to all applicable federal and state laws, iDdOOing but not limited to
taws, rules, regulatiODS, and policies concerning employer and employee relationships,
workers' compeosatioo, and minimum and prevailiJJg wage requiremeots. Any certifi~
licenses or permits which Contractor is required by law to obtain or ~ntain in order to
perfonn work shall be obtained and maintained throughout the term of this Agreement.
22. Contractor's Warnn(y: No Waiver ofLepl Ripts
Notwithstanding any acceptance or payments, City sball not be precluded or estopped
ftom recovering from CoDtractor, or its insurer or surety, such danutges as may be
sustained by reason of Contractor's failure to comply with the terms of this Agreement. A
waiver by City of any breach by Contractor shaD not be deemed to be a waiver of any
subsequent breach by Contractor.
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23. Attonl~ Fees
ATTAC~ENT-4--
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In the eveat a IUit 01' actioo is Pwtituted to cafoR:e ..., riabt suanmteed pursuant to this
Agreemeat, the pnwaiIiag puty .... be .witJed to, iD ~ to the 1tatut0JY COlts and
disbunemcats. . ret~ &ttOIDeJI fee to be fixed by trial and appellate courts
respectively. .
U Nodus
All notices RqUired UDder this Aareemcat IbaD be deIiwred by facsimile, penooal
delivery, or mail and tbaD be addressed to the foI1owius peI'IODI:
ERIC ORTEN
Advanced Communication
Technologies, Inc.
12010 SW Garden Place
Portland, Oregon 97223
BEN GIT .J P$PIE
FUWlCC Director
City ofWoodbum
270 Montgomay Street
Woodburn, Oregon
Fax No. (503) 982-5244
25. Severability and Survival
If any oCtile provisions conUlioed in tbia Aareemcat arc held for any reason to be invalid,
illegal, or UDeIIfon:eable in any n:spect. IUdl invalidity, ~r-ty, or uneoforceabiIit will
not affect any other provision and this Aareemcat sbaII be construed u if sum invalid,
illegal, or unenforceable provision bad aever been contailled herein.
26. InteqatioD
This Agrecmeot, inclfuting Exhibit A and Exhibit B, constitutes the entire Agreement,
supersedes all prior written or onl undcrstaudiDgs, and may be changed only by a written
amendment executed by both parties.
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ATTACHMENT~
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IN Wl1'NESS WHEREOF, the parties beIao have caused. tis Agreement to be executed
in duplicate by their rapoctM authorized ofticen 01' a-.llKutatiws.
ADVANCEDCOMMONlCADON.
TECHNOLOGIES, )Ne.
By:
Date:
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Cl1.Y OF' WOODBURN
By:
Nancy A. IGtbey, Mayor
Date:
ATTAC~MENT A
Page of /5
CITY of WOODBURN
REQUEST for PROPOSAL
FmER OPTIC CABLING
A General Requirements-the City of Wood bum wishes to connect three of its facilities with
fiber optic cable. This cable will support data and/or voice services.
I. At least 12 strands of muti-mode fiber connecting the City Hall and the Aquatic
Center. Space is procured on Portland General Electric (PGE) utility poles to
allow the fiber to be run overhead to the Aquatic Center
2. At least 12 strands of muti-mode fiber connecting the City Hall and the Library.
Space is procured on PGE utility poles to allow the fiber to be run overhead to the
Library .
3. These two installations must be quoted separately, although both will be awarded
to the same contractor. Failure to provide separate pricing will result in
disqualification of the proposal.
4. At a minimum, the contractor should provide the following:
I. All necessary installation and building entrance facilities for the fiber
requested
IT AU required Electrical Protection and Grounding Devices
ill Fiber to be tenninated in 12-strand LID's in wire closets at each end
IV The completed installation should be ready to splice
v. Testing to insure that the installation meets industry standards
5 . Your bid should include all necessary labor and materials to complete this
installation.
EXHIBIT ---Ll
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B. . Construction Requiret1)ents
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1. Any construction or restoration plans for conduit and ducts must be submitted to
and approved by the city prior to commencement of the work.
2. The vendor must protect, replace or restore to original or better condition any
architectural or surface area of the city disturbed or altered by any construction or
vendor provided work.
3. The vendor must protect against disruption of above or below grade existing
utilities. Any damages to existing utilities must be corrected by the vendor on an
emergency basis. AU damages are the sole responsibility of the vendor and any
required repair or restoration costs shall be borne by the vendor.
4. The vendor must remove from the site on a daily basis, any debris resulting from
construction of or related to the installation of the Information Transport System.
Disposal containment, pick up and removal costs shall be the responsibility of the
vendor.
5. The vendor must immediately repair all damages to city building interior and
exterior walls, ceilings, foundations or floors.
6. The vendor must be aware of The City of Woodburn work schedules and
employee safety (both city and vendor). The City of Woodburn employees will
cooperate with the vendor in all safety issues.
7. The vendor must provide workers compensation insurance for all employees on
site.
EXHIBIT A
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c. Documentation
ATTACHMENT ....a
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1. The vendor shall prepare a complete documentation package upon completion of
the cable plant installation and testing. The documentation will be provided in
hard copy and electronic fonn.
2. The documentation shall include:
I. Maps indicating cable routes and cable support facilities used.
n. A written and signed statement certifying all tests were accurate and that
all cabling and installation techniques comply with all Federal, State and
local codes for building, electrical and fire safety as well as the performance
requirements specified in this dOQJment.
ID. As built diagrams as described in section H. 7.
EXHIBIT ~
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D. Warranty
ATTACHMENT A-
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I. The vendor will warranty the performance of the individual voice (tfinstalled) and
data station runs as well as the termination and cross connects for a period of one
year from the date of The City of Woodburn acceptance. A key element in this
document is the focus on end to end performance for data without specifying
individual components to be installed. The vendor is expected to utilize only the
components, media and craft skill that will produce a measurable and certifiable
performance level for the Information Transport system. Particular attention
should be focused on The City of Woodburn's requirement to support up to 100
Mbps of usable bandwidth on high quality copper wiring at the data jack in each
quad jack outlet.
2. The City of Woodburn will insist on prompt resolution of problems, not merely
prompt response for calls for service.
3. The warranty shall begin and be effective at the date of acceptance by the City of
Woodburn. The warranty shall be for a minimym of one year from system
acceptance covering parts and labor for all system components and provide 8 am
to 6 p.m. coverage for all problems.
4. All documentation shall be consistent with the labeling used throughout the
installation.
EXHIBIT --L1
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E.
Proposals
ATTACHMENT A
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Contact:
Ben Gillespie (503) 982-5211
City of Wood bum
270 Montgomery
Woodburn, Or. 97071
Fax
(503) 982-5244
2. Submission of Proposals-Sealed proposals (three copies) must be delivered to the
above mentioned contact before 10:00 a.m. on December 29, 1997. Proposals
received in response to this RFP will be opened at that date and time. Vendors
who wish to be present at that time will be informed of the number and names of
the proposers. No other information will be made available at that time.
3. Addenda to the Request for Proposals-The provisions of this RFP cannot be
modified by oral interpretations or statements. If inquiries or comments by
prospective vendors raise issued that require clarification by the City, or the City
decides to revise any part of this RFP, addenda will be provided to all persons who
have requested the RFP.
4. Contents of Proposals-Proposals must include:
I. Price
II. Three municipal entities for whom the vendor has provided like services
within the last year and whom the City may call for references.
III. Any exception taken to the RFP
5. Additional Information-The contact listed above is the sole point of contact in the
City for this RFP. AU correspondence pertaining to this RFP should be directed to
this person at the address and telephone number listed.
6. Evaluation Criteria-Selection will be based on:
I. Price
II. Qualityofrererences
EXHIBIT A
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7.
Schedule
ATTACHMENT A
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I. Pre bid conference
December 15, 1997, 10:00 a.m.-please note
the time
ll. Proposals due
December29, 1997
ID. Contract award
January 12, 1998
IV. Contract completion
January 31, 1998
8. Ownership of documents-Any reports, or diagrams prepared by the vendor shall
become the property of the City.
EXHIBIT A
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ACT
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ATTACHMENT...eJ _
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12010 S.W. &lIllen Place
Portland, Oregon 97223
phone 503-670-7777
fax 503-670-7788
12/26/97
City Of Woodburn
270 Montgomery
Woodburn, Or. 97071
Ben Gillespie
503-982-5211
RE: Bid for Fiber and Cat. 5 installation
This proposal is based on the infonnation given to us through the RFP and the addendum
for the cabling requirements for the city of Wood bum. We accept and win adhere to the
specifications laid out in the RFP. The warranty period will be as specified in the RFP and
all work will be done by Noram / Advanced Communication Technologies. No work will
be sub contracted out.
ACT (Advanced Communication Technologies) is owned by Noram Telecommunications
company. Noram's main line of work is installing outside plant communications cabling
and fiber. ACT has a variety of work all pertaining to inside communications work.
Together we are able to accomplish a one source of contact to facilitate jobs such as this.
We can provide service from the street to the desk top. We sell and service many lines of
phone systems, install high speed data networks and provide US West services such as
ordering T -I, ISDN lines etc.. We are a full service company with over 12 years in this
business as a company.
We are offering our pricing to the city of Wood bum as specified in the RFP and
the addendum. This proposal is for 66 locations being cabled with 4 cat. 5 cable
drops to each location. Two (2) drops are for data and will be terminated on high
density cat. 5 RJ-45 patch panels rack mounted. Two (2) drops are for voice and
will be terminated on AT&T 300 pair 110 blocks with C-4 connectors. All voice
and data installed will be certified for 100 MB standards set forth in the RFP. Any
additions to this project will require a written request for additional locations and a
signed change order will be required before work will be commenced for the
change. This quote does not include re-fabricating or completely reproducing new
blue print drawings of the buildings io be cabled. ACT will provide asbuilt
drawings from existing blue print formats to be provided to us by the city of
Woodburn. These prints must be on a computer base format so work done by us
can be added and printed out in a blue print form and returned to the city of
Woodburn as the asbuilt drawings for the work performed as required in the RFP.
In agreement to meet and/or exceed all specifications written and approved herein we
~o offer pricing for the fiber inStallation
'-:'~-=- EXHIBIT [!:) Strategic Partner for
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ATTACHMENT 4
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City Hall to Aquatic Center Labor and Materials
$4,850.00
City Hall to Library
$6150.00
Total Fiber Installation
511,000.00
The inside plant is bid on the requirements that all locations will receive 2 cat. 5 PVC 4
pair cable runs for data and 2 cat. 5 PVC 4 pair cable runs for voice. Cables will be color
coded to identify them with different color cables for each. This quote is for 66 locations
receiving 2 voice and 2 data each. For a total of264 new cable runs. We propose using
AT&T I Lucent jacks, face plat~ and 300 pair 110 blocks with C-4 connectors. Three
Ortronics high density cat. 5 48 port patch panels. The wall mount data rack will be a
Chatsworth Wall mount rack with a swing gate. 264 Cat. 5 patch cables are proposed to
accomodate both ends of each data cable.
Total Price Per Cable Run (all new Cat. 5) 5119.13
Total Price for Inside cabling 531,450.80
Total Price for Out Side Plant I fiber installation 511,000.00
Combined Total 542,450.80
References Provided By Noram :
Gary Ehranfield
City ofHillsboro
123 E. Main St.
Hillsboro Or. 97123
(503) 681-6101
Klau Med
8160 SW Nunbus
Beaverton Or. 97005
Russell Mickler
(503) 644-6747
Mike Vidito
City of V ancouver
110 East 13th Street
Vancouver W A 98660
(360) 737-6121 ext. 7602
Respectfully Submitted,
Jay Phillips
~HIBIT. 8-
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