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HomeMy WebLinkAboutReg 2004-09-20 Item 7B - Contract - Fiber Network Consulting with Asset Analytics for $25,500 COUNCIL AGENDA SYNOPSIS t�/ �P ti --Initials ITEM NO. 0 j 1� 1- Meeting Date 1 Prepared* 1 May 's review 1 Council review 1 effel, 1;i►. 9/20/04 I Fr 1 �A I1/41/01 �j• tsos 1 1 1 1 I I 1 1 1 I ITEM INFORMATION CAS NUMBER: 04-004 I ORIGINAL AGENDA DATE: SEPTEMBER 20, 2004 AGENDA ITEM TITLE Connectivity Asset Analytics Consultant Contract CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Z Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 9/20/04 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal PerR Police PIV I SPONSOR'S Asset Analytics' Contract No. 04 -010 expired on June 30, 2004. A new contract will allow SUMMARY Asset Analytics to continue with specific tasks associated with the deployment of the Tukwila Fiber Network as approved by City Council. Total cost for the contract through December 31, 2004 is $25,500.00 (continues monthly charge of $8,500.00 for three months). REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 9/8/04 RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Forward to Council for approval COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $25,500.00 Fund Source: 302 Connectivity Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/20/04 MTG. DATE ATTACHMENTS 9/20/04 Information Memo dated September 10, 2004 (revised from UC) Contract for Services with Exhibits Utilities Committee Meeting Minutes from September 8, 2004 INFORMATION MEMO To: Mayor Mullet From: Public Works Director,~q~TQ Date: September 10, 2004 ~ Subject: Asset Analytics Consultant Contract ISSUE Council needs to approve contract between Asset Analytics (David Luman) and the City. BACKGROUND The City has contracted with Asset Analytics to achieve City's goal of deploying a metropolitan area network and providing gigabit Ethernet connectivity to Tukwila citizens and businesses. Contract expired on June 30, 2004. DISCUSSION The original contract between the City and Asset Analytics was approved in January 2002. Since the approval of the basic contract, several amendments have been executed. Amendments allowed critical tasks associated with the connectivity initiative to be accomplished. These tasks include the audit and proofing of the City's conduit system, network design, and the development of a business model. Due to budget concerns, and competing priorities, the City wants to reevaluate the business model and consider an option that addresses the fiber deployment only to the Commemial Business District (CBD) with an option to connect from the CBD to the Sabey Data Center. To reduce deployment costs, Asset Analytics will factor in the use of Public Works Department Street Crews that have recently been trained and certified to work on fiber optic systems. Asset Analytics will conduct a cost-benefit analysis and determine the advantages and disadvantages of using City Crews. The Statement of Work is described in Exhibit A (Attachment 1). Please note that Contractor will not proceed with any task until directed by the City. To accomplish City's requirements, Council must approve attached Contract with Asset Analytics. The Contract expires on December 31, 2004 but could be terminated sooner under the Contract Termination provision. RECOMMENDATION Present to Council for discussion and approval/disapproval. attachment: Contract Contract For Services This agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", and Assets Analytics, Inc hereinafter referred to as "the Contractor" whose principal office is located at 16004 Tualatin - Sherwood Road, Suite 505, Sherwood, OR 971~,0. Whereas, the City has determined the need to have certain services performed for its citizens but does not have the staffing or expertise to perform such services, and Whereas, the City desires to have the Contractor perform such services pursuant to certain terms and conditions, now, therefore, in Consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Scope and Schedule of Services to be Performed bv Contractor. The Contractor shall perform those services described in Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statues, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall not perform any task described in Exhibit A without a written "notice to proceed" notification from the City. The Contractor shall request and obtain pdor written approval from the City if the scope or schedule is to be modified in any way. Compensation and IVlethod of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed twenty five thousand five hundred dollars ($25,500) at a rate of eight thousand, five hundred dollars ($8,500) per month. This compensation includes all incidental expenses except those agreed to in advance that will be reimbursed by the City. Duration of A r_q~ment. This Agreement shall be in full force and effect for a pedod commencing October :~, 2004 and ending December 31, 2004 unless sooner terminated under the provisions hereinafter specified. Indeoendent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State 1Industrial l~nsurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. ]~ndemnification. The Contractor shall indemnify, defend and hold harmless the City its officers, agents and employees, from and against any and all claims, losses, or liability, including attorney's fees, adsing from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against he City, its officers, agents and employees, the Contractor expressly waives its immunity under ~tle 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. Record Keeoino and Reoorting. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records that sufficiently and properly reflect all direct and indirect costs of any nature expended and services in the performance of this Agreement. These records shall be maintained for a period of seven years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 4014 and by the City. Audits and Insoections. The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by law during the performance of this Agreement. Termination. The City has the right to terminate this Agreement after giving the Contractor thirty days wdtten notice of the City's intent to terminate this Agreement. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. EnUre Aoreement. This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind nay of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Notices to the Contractor shall be sent to the address provided by the Contractor identified in the introductory paragraph above. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or the proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that the venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this .day of , CONTRAC-rOR: cl-rY OF TUKVVILA For Assets Analytics, Inc. Steven M. Mullet, Mayor A'I-FEST/AUTH ENTZCATED: City Clerk, Jane E. Cantu APPROVED AS TO FORM: Office of the City Attorney EXHIBIT A Statement of Work Work described in this Exhibit shall not commence without a written "Notice to Proceed" provided by the City. Contractor shall submit to the City a written schedule that outlines when the following tasks will be completed. Schedule shall be submitted to the City, ATTN: Public Works Director, not later than 15 days after receipt of"Notice to Proceed". 1. TASK A: SUBMIT A BUSINESS MODEL Contractor shall re-evaluate the most recent business model associated with the proposed deployment of the Tukwila Fiber Network (TFN). Update and submit a formal written business model that considers the fiber deployment costs of only the Commercial Business District (CBD) and as an option, a connection from the CBD to the Sabey Data Center (CBD). The new business model shall include assumptions used in developing the model such as take rates, network architecture selection, service providers, operations and ma'mtenance, bill of materials and other pertinent data. 2. TASK B: DETERMINE REVENUE SOURCES Asset Analytics shall explore and determine from content providers, revenue opportunities to defray or recapture deployment costs. Provide a written report to the City, summarizing by content provider, the services and the amount of revenne that the City can expect to receive. 3. TASK C: USE OF CITY'S STREET CREWS In collaboration with City Staff, Contractor shall factor use of Public Works Department Street Crews that have recently been trained and certified to work on fiber optic projects. Contractor shall summarize in written form, the advantages and disadvantages of using tra'med City Crews and assess whether or not use of trained City Crews would lower fiber deployment costs. 4. TASK D: EVALUATE POTENTIAL EFFICIENCIES WITH CITY TRAFFIC SIGNAL PROJECTS In collaboration with City Staff, Contractor shall explore possible efficiencies that could be achieved with respect to the TFN Project and the City's traffic signal program (Green River Signal Project and the CBD Signal Interconnect Project). Provide a written report that outlines how TFN would interface with the two projects, and the savings that could be obtained. 5. TASK E: FINALIZE LIST OF VENDORS FOR SYSTEM COMPONENTS Contractor shall coordinate and develop a list of vendors that would provide equipment, and service. Contractor shall provide to the City a list summarizing the names of vendors and the equipment/services that they could provide. 6. TASK F: DETERMINE FINANCING/FUNDING STRATEGY In close coordination with City's Finance Director, determine the optimal short and long- term financing/funding resources. Coordinate with commercial entities (QWEST, Verizon, COMCAST, Dynamic City, and other companies that may become potential fimding partners. Provide a written summary of companies contacted and an assessment of their interest in becoming partners to the Project. 7. TASK G: MID-POINT REPORT On or before November 15, 2004, Contractor shall brief and submit report to the City Council on progress related to TASKS A-F. 8. TASK H: OTHER TASKS DEEMED NECESSARY BY CITY At the direction of the City, Contractor shall perform tasks related to this Statement of Work. These tasks include but not limited to meetings with City Staff, attendance at Utilities Committee Meetings, Connectivity Committee Meetings, and Council Meetings. EXHIBIT B Payment Terms The Contractor will invoice the City each month for work completed as described in Exhibit A. Said invoice shall not exceed eight thousand, five hundred dollars ($8,500) per month. Invoices will be paid within twenty days. Utilities Committee September 8, 2004 Present: Pam Carter, Chair; Pam Linder, Dennis Robertson .]im Morrow, Frank Iriarte, Ryan Larson, Mike Cusick, Jill Mosqueda, Bob Giberson, Gall Labanara, Pat Brodin, Lucy Lauterbach; Jonathan Hagar, Dan Dolan, Rick Dronen - Level 3 Communications 1. Asset Analytics Contract David Lumen's contract with the City expired. A new contract has been drafted and has an attached work program of tasks to be done. A revised statement was passed out, with a clarification that City crews have been trained and are able to work on fiber optic systems. Pam L wanted to be clear that any work City crews do on fiber optic takes away from their already-crowded work schedules. Dennis asked who is on the Connectivity Committee. He wanted included in the memo when this goes to Council what this authorizes and also a list of deliverables in the midpoint, perhaps including the alternatives being considered. Recommend Contract to COW if possible, or 9/20 Reqular Heetinq for approval. 2. Franchise Level 3 Communications Level 3 is a national and international provider of high tech computer and telecommunications service. They wish to serve a major customer in the north end of the City. They want to install 8, 1~/4" conduits from S. Norfolk Street through boring along the street. Their lines will enable other telecom providers to use their lines to serve the business community. Just as was done in the late 90's when many telecom companies were going through the City, no problems are expected. Dennis asked if there were any reasons the City would not want this to go through,.and staff answered there were nc)t. They said they are public rights of way to benefit the public, including telecom providers. Recommend franchise approval to COW if possible, or 9/20 Reqular Meeting if not. 3. Lift Station 12 Upqrade Completion This pump station near Strander and Andover Park West had a major upgrade this spring and summer. The project had ten change orders, but some cost more and others cost less, with the final tally an underrun of over $14,000. Everyone was pleased with how the project turned Out. Accept protect and release retainacle for Pump 12 Upgrade project on consent aqenda of a Reqular Heetinq.