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HomeMy WebLinkAboutQWEST - CONTRACT - RFP - P871 TELEPHONE EQUIPMENT MAINTENANCE SERVICESSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Qwest Interprise America, Inc., 1801 California St., 19th Floor, Denver CO 80202, hereinafter referred to as "Service Provider". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control, including without limitation: act of God; fire; flood; earthquake; labor strike; sabotage; fiber cut; embargoes; power failure, e.g., rolling blackouts, electrical surges or current fluctuations; lightning; suppliers' failures; acts or omissions of telecommunications common carriers (whether or not affiliated with the Service Provider); material shortages or unavailability or other delay in delivery not resulting from the responsible parry's failure to timely place orders therefore; lack of or delay in transportation; government codes, ordinances, SA 10/01 1 EXHIBIT C - PBX SYSTEM INFORMATION The following is the basic PBX version and feature package. Also included is a basic trunk count. This is for vendor information and is of course subject to change. COMPONENT: Meridian Option 81C PBX, Version 3011, Software Level 25.30. OPTIONS: 1, 2, 4, 5, 7, 8, 9, 10, 11-25, 28, 29, 32-55, 57-64, 67-77, 80, 81, 83, 87-93, 95, 98, 106-111, 113-119, 121, 132, 133, 139-140, 145- 147, 149, 155, 157, 160, 162, 164, 167, 170, 173, 174, 178, 181, 186, 191, 203-205, 214, 222, 223, 227-229, 234, 240, 242, 243, 245-247, 250, 251, 253, 254, 256, 258, 291, 296, 299, 301, 306, 307, 310, 315, 329, 330, 331, 334, 350, and 380. TYPES OF TRUNKS MUSIC 3 PAGE 7 RAN 4 DID 94 via PRI COT 24via DTI FEX-Denver 6 FEX-Greeley 1 PRI 4 EXHIBIT D - BUILDING LOCATIONS & ASSOCIATED EQUIPMENT City Hall West City Hall East Civic Center City Building Development Services Facilities Police Annex Building Lincoln Center 2500 ports. Mulberry Pool Library Fire Administration Fire Station I MPO Museum Utility Customer Service Utilities Service Center Equipment Services Transportation Garage Natural Areas -Nat. Res Tra nsfort/Dia I -A -Ride Park Shop City Park 9 Maintenance City Park 9 Golf Course F.C. Hsg Authority Grandview Cemetery Waste Water Treat. II 300 LaPorte Ave Meridian Option 81 PBX, digital sets, 2500 ports 300 LaPorte Ave Digital sets, 2500 sets, 2500 ports, radio 215 N Mason Digital sets, 2500 sets, 2500 ports 281 N. College Digital sets, 2500 sets, 2500 ports, radio 117 N. Mason St Digital sets, 2500 sets, 2500 ports 230 LaPorte Avenue 2500 set. 417 W. Magnolia City -Fiber Fiber Remote, digital sets, 424 W. Mulberry Digital sets, Unity sets, 201 Peterson City -Fiber Fiber Remote, Carrier Remote, digital sets, 2500 ports, 2500 sets 101 Remington St Digital sets, 2500 ports, 505 Peterson St Digital sets, 2500 ports, 235 Mathews St Digital sets, 2500 ports„ data, radio 200 Mathews Digital sets, 330 S. College Ave ---------------------------------------------------- Digital sets, ACD agents, 2500 ports, 700 Wood St City -Fiber Fiber Remote, digital sets, 2500 ports, paging, radio 835 Wood St Digital sets, 2500 sets, 2500 ports 906 W. Vine Dr ---------------------------------------------------- Digital sets, 2500 sets, 2500 ports 1745 Hoffman Mill Rd City -Fiber Mini -Carrier Remote, digital sets, 2500 ports 6570 Portner Rd 415 S. Bryan Ave 411 S. Bryan Ave 411 S. Bryan Ave 1715 W. Mountain Ave 1900 W. Mountain Ave 3036 E. Drake Rd Qwest t-1 Carrier Remote, digital sets, 2500 ports, radio City -Fiber Carrier Remote, digital sets, 2500 sets, radio Unity sets 2500 sets Digital sets, 2500 ports Digital sets, 2500 sets, radio Qwest T-1 Carrier Remote, digital sets, 2500 ports, paging All connected to the City's PBX via Qwest OPX circuits: Aztlan Center 112 E. Willow 8x24 Norstar, 7208 & 7310 sets, EPIC 1801 Riverside Ave 8x24 Norstar, 7208 & 7310 sets, 2500 sets F.C. Hsg Auth. Maintenance 1400 Riverside Ave 6x16 Norstar, 7310 sets Poudre Fire Auth., Station 2 416 S. Bryan Ave 8x24 Norstar, 7310 sets Poudre Fire Auth., Station 3 2000 Matthews St 8x24 Norstar, 7310 sets Poudre Fire Auth., Station 42030 Devonshire 8x24 Norstar, 7310 sets Poudre Fire Auth., Station 5 615 Hogan Dr 8x24 Norstar, 7310 sets Poudre Fire Auth., Station 6 2511 Donella Ct. 8x24 Norstar, 7310 sets Poudre Fire Auth., Station 7 2817 N. Overland Tr. 8x24 Norstar, 7310 sets Poudre Fire Auth., Station 10 2067 Vermont Dr.8x24 Norstar, 7310 sets Poudre Fire Auth., Station 12 321 Country Club Dr 8x24 Norstar, 7310 sets BUILDING LOCATIONS & ASSOCIATED EQUIPMENT (continued) Poudre Fire Auth., Station 13 Mulberry Water Rec. Fac. 505 Riverside Ave Water Treatment Plant 1 4316 LaPorte Ave 3400 W. Vine Dr. 8x24 Norstar, 7310 sets 6x16 Norstar Unit, 7208 & 7310 sets, 2500 ports, paging, radio 8x24 Norstar, 7208 & 7310 sets, 2500 ports, paging system The following are connected to the City's PBX via QWEST OPX circuits City Park Facilities 1599 S. City Park Avenue 2500 sets Collindale Golf Course 1441 E. Horsetooth Rd 2500 sets Lee Martinez Farm 600 N. Sherwood Unity sets, data Pottery Shop/Studio 1541 W. Oak St. 2500 set Rolland Moore Park 2201 S. Shields 2500 set Roselawn Cemetery 2718 E. Mulberry St 2500 set City Park Outdoor Pool 1599 S. City Park Avenue US West 1 FB lines. Not connected to City's PBX. EXHIBIT E — PRICING; TIME AND MATERIALS Labor Rates: $76.00/Hour Maintenance services performed under a Time and Materials basis $76.00/Hour Customer Service Orders (MACs: Moves, Adds, Changes) $114.00/Hour Overtime for MAC and repair work 1 Hour Minimum; Trip Charge of $45.00 $76.00/Hour Regular hours, $114.00/Hour Overtime Special Service Requests (Quick Turn around, same or next day) $76.00/Hour Cost to have City Technicians directly access vendors 2nd level support site (TAC/NOC, etc) for technical support, patches, etc. Qwest Standard Service Hours are defined for the purpose of this agreement as 8:00 a.m. to 5:00 p.m., Monday through Friday, local time, except Qwest observed holidays (New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day). Materials Invoices must be included with the Billing Invoices. Material Mark-ups: 10%, if a minimum of four (4) hours of Qwest labor is applied to individual Time and Materials requests, and Qwest assumes implementation activities for all materials requested. 25%, if materials are requested from Qwest and a minimum of four (4) hours of Qwest labor is not met; or, if materials are requested on a drop - ship basis. laws, rules, regulations or restrictions; war or civil disorder, or act of terrorism, and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15)days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Jeri Mael, Project Manager City of Fort Collins CITEL Division P.O. Box 580 Fort Collins, CO 80522 Service Provider: Qwest Interprise America, Inc. 1801 California St., 19th Floor Denver, CO 80202 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit E (Pricing; Time and Materials) price sheet. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. SA 10/01 2 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. For standard commercial service and product offerings, it is understood that the Service Provider may engage non -customer or project specific subcontractors and, therefore, such subcontractors shall be under the sole control of the Service Provider and shall not be contingent on a single Customer's approval or review. Notwithstanding the above, in the event that the Service Provider utilizes subcontractors specific and exclusive to the City only, the Service Provider will allow the City to review and approve such contractors. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials and as noted below, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were SA 10/01 3 furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. The warranty coverage for any Product shall be that provided by the manufacturer, including the warranty coverage for any Product which is a part of a system previously purchased from and installed by the Service Provider which is still under warranty. Implementation of any Product warranty is solely the responsibility of the City and any Qwest support of such warranty will be provided at the discretion of the Service Provider. Any warranty is conditioned on the Product not having been installed, altered, maintained, or repaired by anyone other than the Service Provider. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. The Service Provider agrees that the City may terminate the subject agreement without liability for any early termination or cancellation charges either for Cause (as defined herein) or pursuant to any specific termination right extended to the City under the terms of the subject agreement. For purposes of this proposal, "Cause" shall mean the failure of a party to perform a material obligation under the subject agreement which failure is not remedied, if curable: (a) in the event of a payment default by Customer, upon five (5) calendar days written notice, or (b) in the event of any other general default, upon thirty (30) calendar days written notice (unless a shorter SA 10/01 W notice period is expressly set forth in the agreement, in which case the shorter notice period shall apply). 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. The Service Provider will pass through to the City any warranties, representations, and indemnifications from the manufacturer of the equipment provided hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction SA 10/01 5 interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit C, consisting of one (1) page; and Exhibit D, consisting of two (2) pages; attached hereto and incorporated herein by this reference. .. 1ILLCity Clerk _�.. .P..03A4, •, Assistan't'City Attofhey CITY OF FORT COLLINS, COLORADO a municipal ccorppjoration/� By: �. w- I. "h ffzj Joh Fischbach Manager( r� By: 1 uv James . 'Neill 11, CPPO, FNIGP Directo Purchasing and Risk Management sly(0J0 Qwest Interprise America, Inc. 1801 California St., 1 g`h Floor Denver, -CO 80202 By: , PRINT IIAME DIRECTOR OF OFFER MANAGEMENT Date: j) I i� 1 b-3 ATTEST: (Corporate Seal) CORPORATE SECRETARY SA 10/01 6 EXHIBIT A — SCOPE OF WORK The City requires that the following services, conditions, and requirements shall be provided as a Minimum Requirement: QUALIFICATIONS - Vendor shall: • provide only Nortel trained and certified technicians and engineers to work on the CITY's Nortel equipment; provide only Octel trained and certified technicians to work on the CITY's Octel equipment • provide support staff familiar with Nortel and Octel • have in-house expertise with designing & installing copper cable and protectors • upon signing a contract for services and prior to the start -date, assign technicians to come on site and become familiar with the CITY's voice and data network • be an authorized distributor of (or have the ability to supply) Nortel equipment and have access to (or be a direct supplier of) Octel voice mail equipment II. SERVICES - Vendor shall: • provide services on a time -and -materials basis • supply Nortel and Octel equipment when requested • act as single point of contact for reporting all telecom trouble calls - follow up with appropriate agency(ies) to confirm problem has been resolved • perform site installations or upgrades as directed by the CITY • maintain and repair all equipment listed on the Inventory list at all CITY Locations, as requested • provide on -site emergency technical assistance as directed by the CITY • escalate problems, if necessary, to Nortel Emergency Technical Assistance Service (ETAS) • perform walk throughs, attend analysis meetings, and provide cost estimates for physical and application requirements on upcoming CITY projects • bill each repair and MAC request on a separate invoice • have capability to provide on -site training to CITY employees for new equipment purchases or installations III. RESPONSE TIMES - Vendor shall: • handle MAC activity within the following time frames, at a minimum: - I A 0 phones within five (5) CITY working days - 10+ phones within eight (8) CITY working days • handle maintenance calls within the following time frames: - "Non -emergency" is defined as a minor malfunction consisting of any failure other than a Major Malfunction (as defined below). Qwest agrees to make every reasonable effort to have maintenance personnel respond within twenty-four (24) hours of notice of a Non -Emergency malfunction, or next workday when notice precedes a weekend or holiday. - "Emergency" is defined as a major malfunction, which shall consist of one or more of the following conditions: A. Complete failure of the system 1. No incoming or outgoing communication to or from customer premise, or 2. No internal communications within the system B. Failure of a critical subsystem 1. Inoperative attendant console 2. Inoperative Message Accounting system 3. 40% of all telephones out of service; or 4. 20% of all trunk circuits out of service When notice of an Emergency is received during Qwest Standard Service Hours, Qwest agrees to make every reasonable effort to have maintenance personnel respond within two (2) hours of said notice. If Customer has selected Extended Hours when notice of an emergency during hours other than Qwest Standard Service Hours, Qwest agrees to make every reasonable effort to have maintenance personnel respond within four (4) hours of said notice, twenty-four (24) hours per day, seven (7) days a week. Qwest Standard Service Hours are defined for the purpose of this agreement as 8:00 a.m. to 5:00 p.m., Monday through Friday, local time, except Qwest observed holidays (New Year's Day, Memorial Day, July 41h, Labor Day, Thanksgiving Day, Christmas Day). IV. CALL -IN PROCEDURE: All callers except internal Qwest personnel must go through the 24 hour dispatch center to have a "sofi ticket" opened (which documents the issue for tracking and history). Depending on the time of day the center is called, the City may receive a qualified Is' Tier technician directly and they may be able to resolve the problem immediately, or advise for a technician to be dispatched. If the local technician cannot resolve the problem or question, then he will be the point of contact for the customer while he calls for Tier II technical assistance. A. Qwest's Voice CPE Service Center is located in Seattle, WA, and can be reached 24 hours a day, seven days a week at 1-800-421-2271. This team can direct issues to level II and level III support personnel if necessary, and also handles dispatch of local Fort Collins -based technicians to resolve issues. (Fort Collins has two primary, and three backup technicians). B. For basic MACS (Moves, Adds, and Changes) e-mail requests to Carol Plugoff at cplugho Cc,q west. com, or call her at 1-800-318-8401. For larger MACs call the Seattle CPE Group at 1-800-421-2271. (Capability to e-mail requests for larger MACs or large service issues is scheduled to be available as early as the end of 2"d Quarter 2003). EXHIBIT B INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except afterten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. SA 10/01