Ordinance No. 10,492ORDINANCE NO. 10.492
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE
CITY CLERK OF 71 IE CITY OF 13AYTOWN TO EXECUTE AND ATTEST TO
AN AGREEMENT WITI -I MARIA CORONADO OE LOS SANTOS, D /B /A D
AND D DESIGN FOR THE INSTALLATION_ CONFIGURATION AND
TESTING OF FIBER OPTIC CABLING AT THE EMERGENCY OPERATIONS
CENTER: AUTHORIZING PAYMENT BY THE C1TY OF BAYTOWN_ THE
SUM OF NINETEEN THOUSAND SIX HUNDRED FORTY -FOUR AND NO /1 00
DOLLARS (S 19,644.00); MAKING OTHER PROVISIONS RELATED TI- IEI2ET0;
AND PROVIDING FOR THE EFFECTIVE DATE TI- IERE- -OF.
************************************************** * * * * * * * * * *** * * * * * * * * * * ** * * * * * **
WHEREAS. the City of Baytotiizr is a men -iber of the cooperative purchasing program
established under Sections 271-082 and 271.083 of the Texas Local Government Code; and
WHEREAS. the Catalogue Information Systems Vendor Purchasing Program is such a
program, allowing nunicipalities to purchase automated information systems products and/or
services in an efficient, cost effective_ and competitive procurement method; and
WHEREAS, the City of Baytown in making a purchase under a state contract through such
cooperative purchasing program satisfies state la,,v requiring municipalities to seek competitive bids
for the purpose of the service; NOW THEREFORE_
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager and the City Clerk of the City of Baytown to execute and attest to an
agreement with Maria Coronado De Los Santos, d /b /a D and D Design for the installation_
configuration and testing of fiber optic cabling at the Emergency Operations Center. A copy of said
agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and
purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Maria
Coronado De Los Santos_ d/b /a D and D Design for the installation. configuration and testing of
fiber optic cabling at the Emergency Operations Center the suns of NINETEEN THOUSAND SIX
HUNDRED FORTY -FOUR AND 114O /100 DOLLARS (S19,644.00), pursuant to the Agreement.
Section 3: That pursuant to the provisions of Texas Local Government Code Annotated
§252.048. the City Manager is hereby granted general authority to approve any change order
involving a decrease or an increase in costs of TWENTY -FIVE THOUSAND AND NO /100
DOLLARS (525.000.00) or less_ subject to the provision that the original contract price may not be
increased by rnore than twenty -five percent (25 %) or decreased by more than twenty -five percent
(25 %) without the consent of the contractor to such decrease.
Scaion 4 This uake cffcc� init'nedi,,mel after its passage by the
City Council Of tile Clity of, 131""Iylown,
1 TRODUVED, READ mu'l PASS LE) by ffie,,iffinnative vote o fthe,kIty Council ofthe ily
oijiiiylown this the 20'�'day o�'Novetnbcr, 2006
.. . .............. . .. --- ---
s, r r., ,N-i-r DONCARLOS, May,or
m
N" �, City clell"
AITROVED AS TO FORAI�
C51( - J �'ACK) RAN,IMEZ. SR, 0 ROTIlev
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement ") is made and entered into on this 9t' day of
November, 2006 (the "Effective Date ") by and between the CITY OF BAYTOWN, a municipal
corporation located in Harris and Chambers Counties, Texas, hereinafter called "City" or
"Buyer," and Maria Coronado De Los Santos, d(b /a/ D and D Design, located in Harris County,
Texas, hereinafter called "D and D Design" or "Seller."
Buyer:
I. DEFINITIONS
As used in this Agreement, the following words and phrases are defined to mean:
means City.
City: means and refers to the City of Baytown, Texas, and all attendant boards,
agencies, commissions and related bodies, along with their respective
officers, agents and employees.
City Manager: means the City Manager of the City of Baytown or his designated
representative.
D and D Design: means D and D Design, its volunteers, officers, directors, agents,
employees and assigns.
Seller: means D and D Design.
Representative of
D and D Design: means Maria De Los Santos, or her duly designated representative.
Work: means that work as described in the Scope of Work, which is attached
hereto as Exhibit "A," and incorporated herein by this reference for all
intents and purposes.
II. D AND D DESIGN'S WORK
D and D Design covenants and agrees to install, configure and test fiber optic cabling at
the Emergency Operations Center (" BOC'). These obligations are further detailed in Exhibit
"A." Such Work shall be finally completed on or before 31 December 2006.
Agreement Page t
III. COMPENSATION
The City agrees to pay D and D Design a total of NINETEEN THOUSAND SIX
HUNDRED AND FORTY FOUR AND NO 1100 DOLLARS ($19,644.00) in accordance with
Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes within
thirty (30) days after receipt of a written invoice therefor or 30 days after the completion and
acceptance of the Work by the City Manager, whichever is later.
IV. TERM
This contract shall be in effect from and after the Effective Date and shall continue until
payment is made by the City after the completion and acceptance of the Work by the City
Manager and after the expiration of all warranty periods, unless sooner terminated under the
provisions of this Agreement.
V. RIGHT TO INSPECT EQUIPMENT AND D AND D DESIGN'S OPERATIONS
The City, through its officers, agents, and employees, reserves the right to enter the place
of business of D and D Design for the purpose of inspecting equipment and D and D Design's
operations in relation to the Work. In accordance therewith, D and D Design shall fully
cooperate with the City and shall supply the City, upon request, with all information necessary
for the City to ensure that D and D Design is fulfilling its obligations under this Agreement.
It is expressly understood that the City, its officers, agents or employees have full
authority to reject any and all Work found to be not in accordance with this Agreement. Neither
observations by the City nor inspections or approvals made by the City, or persons authorized
under this Agreement to make such inspections or approvals, shall relieve D and D Design from
its obligation to perform the Work in accordance with the requirements of this Agreement.
VI. ASSUMPTION OF LIABILITY BY CONTRACTOR
D and D Design hereby assumes all liability and responsibility for injuries, claims or suits
for damages to persons or property of whatever kind or character, whether real or asserted
occurring during the term of this Agreement, arising out of or by reason of the Work all other
operations arising under or otherwise incident to the provisions of this Agreement.
VII. INDEMNIFICATION
D AND D DESIGN AGREES TO AND SHALL INDEMNIFY, HOLD
HARMLESS, AND DEFEND THE CITY, ITS OFFICERS AGENTS AND
EMPLOYEES (COLELCTIVELY REFERRED TO AS "CITY" IN THIS
ARTICLE), FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY
Agreement, Page 2
KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT
COSTS, AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF
ANY PERSON, OR FOR ANY AND ALL DAMAGES ARISING OUT OF
OR IN CONNECTION WITH THE WORK DONE BY PEXX PURSUANT
TO THIS AGREEMENT, THE CONDUCT OR MANAGEMENT OF
PEXX'S BUSINESS OR ACTIVITIES, OR FROM ANY ACT OR
OMISSION BY PEXX, WHERE SUCH INJURIES, DEATH OR
DAMAGES ARE CAUSED BY THE JOINT NEGLIGENCE OF THE
CITY AND ANY OTHER PERSON OR ENTITY AND /OR BY THE SOLE
OR JOINT NEGLIGENCE OF PEXX. IT IS THE EXPRESSED
INTENTION OF THE PARTIES HERETO, BOTH D AND D DESIGN
AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS INDEMNITY BY PEXX TO INDEMNIFY, PROTECT
AND DEFEND THE CITY FROM THE CONSEQUENCES OF THE
CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A
CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR
DAMAGE AND FROM THE CONSEQUENCES OF PEXX'S OWN
NEGLIGENCE WHERE THAT NEGLIGENCE IS A CONCURRING
CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE.
FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM,
LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE
THE INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE
NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY
OTHER PERSON OR ENTITY. IN THE EVENT THAT ANY ACTION
OR PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON
OF ANY OF THE ABOVE, D AND D DESIGN FURTHER AGREES AND
COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY
LEGAL COUNSEL ACCEPTABLE TO THE CITY. THIS
INDEMNIFICATION PROVISION SHALL SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT
AND SHALL REMAIN IN FULL FORCE AND EFFECT.
VIII. INSURANCE
Throughout the term of this Agreement and any extension thereof, D and D Design at its
own expense shall purchase, maintain and keep in force and effect insurance against claims for
injuries to or death of persons or damages to property which may arise out of or result from D
and D Design's operations and/or performance of the work under this Agreement, whether such
operations and/or performance be by D and D Design.. its agents, representatives, volunteers,
employees or subcontractors or by anyone directly or indirectly employed by any of them, or by
anyone for whose acts any of them may be liable.
Agreement, Page 3
D and D Design's insurance coverage shall be primary insurance with respect to the City,
its officers, agents and employees, including the City. Any insurance or self - insurance
maintained by the City, its officials, agents and employees shall be considered in excess of D and
D Design's insurance and shall not contribute to it. Further, D and D Design shall include all
subcontractors as additional insureds under its commercial general liability policies or shall
furnish separate certificates and endorsements for each subcontractor. All coverage for
subcontractors shall be subject to all of the requirements stated herein.
The following is a list of standard insurance policies along with their respective minimum
coverage amounts required in this Agreement:
Commercial General Liability (CGL)
General Aggregate: $1,000,000
Per Occurrence: $500,000
Fire Damage: $50,000
a. Coverage shall be at least as broad as ISO CG 00 01 10 93
b. Including Products Liability Coverage
C. No coverage shall be excluded from standard policy without notification
of individual exclusions being attached for review and acceptance.
Business Automobile Policy (BAP)
Combined Single Limits: $1,000,000
Coverage for "Any Auto."
Workers' Compensation: Statutory Limits
Employer's Liability: $500,000
a. Waiver of Subrogation required
Upon execution of the Agreement, D and D Design shall file with the City valid
Certificates of Insurance and endorsements acceptable to the City. Such Certificates shall
contain a provision that coverage afforded under the policies will not be canceled, suspended,
voided, or reduced until at least thirty (30) days' prior written notice has been given to the City
via certified mail, return receipt requested. D and D Design shall also file with the City valid
Certificates of Insurance covering all subcontractors.
The following are general requirements applicable to all policies:
➢ AM Best Rating of B +:VII or better.
➢ Insurance carriers licensed and admitted to do business in State of Texas will be accepted.
Liability policies will be on occurrence form.
➢ The City, its officials and employees are to be added as Additional Insured to liability
policies.
5 Upon request of and without cost to City of Baytown, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to City of Baytown's
representative. Certificates of insurance showing evidence of insurance coverage shall be
provided to City of Baytown's representative prior to any work being performed at the site.
Agreement, Page 4
➢ Upon request of and without cost to City of Baytown, loss runs (claims listing) of any and/or
all insurance coverage shall be furnished to City of Baytown's representative.
IX. TERMINATION
The City, besides all other rights or remedies it may have, shall have the right to
terminate this Agreement with or without cause upon ten (10) days' written notice from the City
Manager to D and D Design of the City's election to do so. Upon delivery of any notice of
termination required herein, D and D Design shall discontinue all services in connection with the
performance of the Agreement and shall proceed to cancel promptly existing reservations for
transportation services insofar as such requests are chargeable to the City pursuant to this
Agreement. Within ten (10) days after termination of the Agreement, D and D Design shall
submit a final statement showing in detail the services satisfactorily performed and all other
appropriate documentation required herein for payment of services. If the contract is terminated
for cause, the City will have the right to deduct and withhold permanently the amount of any and
all damages for which D and D Design may be liable. All remedies of the City shall be
cumulative and the City shall not be required to elect any nor deemed to have an election by
proceeding to enforce any one remedy.
X. NOTICE
All notices required to be given hereunder shall be given in writing either by telecopier,
overnight, or facsimile transmission, certified or registered mail at the respective addresses of the
parties set forth herein or at such other address as may be designated in writing by either party.
Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the
following addresses:
D and D Design
Maria De Los Santos
3824 Atascocita Rd.
Suite 108, PMB# 303
Humble, TX. 77396
_CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Fax: (281) 420 -6586
XI. TINE OF THE ESSENCE
Both D and D Design and the City acknowledge that time is of the essence in this
Agreement.
Agreement, Page 5
XII. INDEPENDENT CONTRACTOR
It is mutually understood and agreed that nothing in this Agreement is intended or shall
be construed as in any way creating or establishing the relationship of partners, co- partners, or
joint venturers between the parties hereto, or as constituting D and D Design as an agent,
employee or representative of the City for any purposes or in any manner whatsoever. The
relationship of D and D Design to the City shall be that of an independent contractor.
XIII. COMPLIANCE WITH RULES AND REGULATIONS
D and D Design shall comply with all rules, regulations, and laws of the United States of
America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as
they now exist or may hereafter be enacted or amended.
XIV. SALE OF INTEREST
D and D Design may not sell, transfer or assign all or part interest in its rights or
obligations under this Agreement to another party or parties without the prior express written
approval of the City Manager of such sale or assignment, nor shall Contractor assign any monies
due or to become due to it hereunder without the previous consent of the City Manager. The
City may require any records or financial statements necessary in its opinion to ensure such sale
or assignment will be in the best interest of the City; however, the City hereby reserves the right
to withhold its consent for any reason or no reason whatsoever.
XV. NON -NV AI VER
Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
appropriate remedy, strict compliance with any other obligation hereunder to exercise any right
or remedy occurring as a result of any future default or failure of performance.
XVI. SEVERABILITY
All parties agree that should any provision of this Agreement be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Agreement, which
shall continue in full force and effect.
XVI1. VENUE
The place of making and the place of performance for all purposes shall be Baytown,
Harris County, Texas.
Agreement, Page 6
XVI11. NO RIGHT TO ARBITRATION
Notwithstanding anything to the contrary contained in this Agreement, the City and D
and D Design hereby agree that no claim or dispute between the City and D and D Design arising
out of or relating to this Agreement shall be decided by any arbitration proceeding, including,
without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1 -14), or
any applicable State arbitration statute, including, but not limited to, the Texas General
Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding
notwithstanding this provision, D and D Design consents to be joined in the arbitration
proceeding if Pexx's presence is required or requested by the City of complete relief to be
recorded in the arbitration proceeding.
X1X. NO THIRD PARTY BENEFICIARIES
This Agreement shall not bestow any rights upon any third party, but rather, shall bind
and benefit D and D Design and the City only.
XX. AMBIGUITIES
In the event of any ambiguity in any of the terms of this Agreement, it shall not be
construed for or against any party hereto on the basis that such party did or did not author the
same.
XXI. AGREEMENT READ
The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
XXII. AUTHORITY
The officers executing this Agreement on behalf of the parties hereby represent that such
officers have full authority to execute this Agreement and to bind the party he /she represents.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deeme to be an original, ' ^ but a 1 of which shall constitute but one
and the same Agreement on the � day of l�r , 2006, the date of
execution by the City Manager of the City of Baytown.
D and D Design
Maria C. De Los Santos, President
Agreement, Page 7
,,..•• CITY OF BAYTOWN:
•,##'�p.YTOjti-
U J,, 2 GARY JAC ,City Manager
A
7
~
1 1:r/I
�'`..:` ;:'iiin tic, I lerk
APPROVED AS TO FO .
ACID RAMIREZ SR.,City ey
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, , the undersigned notary public, on this day
personally appeared Maria C.De Los Santos,d/b/a D and D Design
known to me;
proved to me on the oath of ;or
through his current {description of identification card or
other document issued by the federal government or any state government that
contains the photograph and signature of the acknowledging person}
to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me
that he executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office thisl3 'day of P _ ber ,2006.
, +Cantu 1' 6- -
*plaf10b�y state of Texas Ed
No Public in and for the State of
tkiQp sbn Expires: Texas
May 12,2008
My commission expires:A(01 f
R:\Karen\Files\Contracts\D and D Design\Contract DD Fiber Cabling.doc
Agreement,Page 8
EXHIBIT "A"
Scope
EOC - Outside Plant Construction
Installation of Multi -Mode Fiber
D and D Design will install a 150 ft of 6 count multimode fiber from the
police academy to the EOC. Police academy will have a 12 count LIU
installed with a LC adapter panel. EOC will have 650ft 12 strand
multimode fiber installed and routed to the customer designated hand
hold. From the police dept to the customer designated hand hold, 650ft
of existing 6 count will be removed from existing 1" conduit and replaced
with a 24 count multi -mode fiber. At the hand hold the newly installed
12 count and existing 6 count will be spliced to the newly installed 24
strand leaving 6 strands of fiber dark. The section that is spliced will be
encapsulated in a waterproof capsule and placed in the hand hold.
All fiber ends will be terminated with LC connectors and placed in rack
mount LIUs on existing racks.
Police academy and EOC will have a 12 port LIU, and the police dept will
have a 24 strand LIU.
D and D Design will test fiber and provide documentation. Cables will be
labeled at both ends with printed labels for permanent cable
identification. The City shall provide cable- numbering plan before
installation.
Patch panels will be labeled with a typed label for easy and permanent
circuit identification.
D and D Design has included in the pricing for this project 2 Fiber patch
cables 3 meters long for connections at the patch panel.
Installation of Voice, Camera and Coax cable
D and D Design will install 1 Category 6 cable for an IP Camera.
D and D Design will install 8 Category 5e cables for Analog voice
communications.
D and D Design will install 3 OSP Category 5e cables between Police
academy and the EOC for backup communications.
D and D Design will install 13 RG6 cables for TV access.
Exhibit "A," Page 1
D and D Design will install one Cabinet (721 for the installation of the
Category 6 patch panels and horizontal wire managers.
D and D Design will complete this project using full -time trained staff and will
not employ any temporary personnel or cabling subcontractors.
D and D Design Technicians have extensive training in high -speed data, voice
and fiber optics. All cable installations will be performed with strict adherence
to BICSI standards.
D and D Design hereby warrants all labor and material for a period of five years
from the time of completion on this project.
At D and D Design Inc. safety is our highest priority and we will adhere to all of
the City of Baytown's standards. All D and D Design technicians are required
to attend regular informative safety meetings.
Exhibit "A," Page 2