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HomeMy WebLinkAboutC-3841 - Contract for the Purchase and Installation of Wireless Readio Wide Area Network (WAN) Connections at City Facilities! !0 CONTRACT WITH EMBEE TECHNOLOGIES FOR THE PURCHASE AND INSTALLATION OF WIRELESS RADIO WIDE AREA NETWORK (WAN) CONNECTIONS AT CITY FACILITIES or `taQ Y-4 . ory f Ir THIS CONTRACT is made and entered into as of thisou day o 2006, by f and between the CITY OF NEWPORT BEACH, a Municipal Corporation (" ity"), and EMBEE TECHNOLOGIES, a California Corporation, whose principal place of business is 16592 Millikan Drive, Irvine, Califomia, 92606 ( "Contractor "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to purchase and install 100 MB wireless radio Wide Area Network (WAN) connections between the City Hall and Utilities sites and between the Utilities and Corporate Yard sites. C. City desires to engage Contractor to install 100 MB wireless radio Wide Area Network (WAN) connections between the City Hall and Utilities sites and between the Utilities and Corporate Yard sites ( "Project "). D. Contractor has examined the. location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SCOPE OF WORK Contractor shall perform all the services described in the Scope of Work dated April 20, 2006.attached hereto as Exhibit A and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools; expendable equipment and all utility and transportation services necessary for the Project. a 2. TIME OF PERFORMANCE N Time is of the essence in the performance of services under this Contract and Contractor shall complete the Work within the time set forth in this Section. The failure by Contractor to meet this deadline may result in termination of this Contract by City and assessment of damages as outlined in Section 2.1. Contractor will install the wireless radio Wide Area Network (WAN) connections within sixty (60) days of award of the Contract. 2.1 The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should the Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the work called for in this Contract on the date outlined above, Contractor agrees to the deduction of liquidated damages in the sum of Two hundred Fifty Dollars ($250.00) for each calendar day beyond the date scheduled for completion provided in Section 2 of this Agreement. Execution of this Agreement shall constitute agreement by the City and Contractor that Two Hundred Fifty Dollars ($250.00) per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. 3. COMPENSATION As full compensation for the performance and completion of the Project as required by the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment the sum of Sixty Nine Thousand Eight Hundred Eighty Two Dollars and 201100 ($69,882.20). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. The City shall make progress payments as the Project work proceeds based on the percentage of Project work completed. The City shall retain ten percent (10 %) of any amount due and owing under this Agreement until all Project work is completed. 4. ADMINISTRATION This Contract will be administered by the Administrative Services Department. Paul Malkemus shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Contract. 5. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 5.1 Contractor shall use only the standard materials described in Exhibit A in performing Contract Services. Any deviation from the materials described in Exhibit A shall not be installed unless approved in advance by the City Administrator. r► M 5.2 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the services required by this Contract, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 6. RESPONSIBILITY FOR DAMAGES OR INJURY 6.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subconcontractors, or its workers, or anyone employed by either of them. 6.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 6.3 Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against: (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damage, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in performing this Project; including, without limitation, defects in workmanship or materials and /or design defects or (3) any and all claims asserted by Contractor's subooncontractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. However, nothing herein shall require Contractor to indemnify City from the sole negligence or willful misconduct of City, ifs officers or employees. 6.4 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project work. 6.5 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 6.6 Nothing in this section shall be construed as authorizing any award of attorney's fees in any action to enforce the terms of this Contract, except to the extent provided in Section 6.3 above. 3 40 so 6.7 The rights and obligations set forth in this Section shall survive the termination of this Contract. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. 8. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. 9. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Contract. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all 53 r► M rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Contract, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. 5 0 M G. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 10. BONDING. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: a Labor and Materials Payment Bond in the amount of one hundred percent (100 %) of the total amount to be paid Contractor as set forth in this Agreement and in the form attached hereto as Exhibit B which is incorporated herein by this reference; and a Faithful Performance Bond in the amount of one hundred percent (100 %) of the total amount to be paid Contractor as set forth in this Agreement in the form attached hereto as Exhibits C which is incorporated herein by this reference. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. The Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the Sate of California. 11. PREVAILING WAGES. Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of workman needed to execute the work contemplated under the Agreement shall be paid to all workmen employed on the work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 12. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the work outlined in the Scope of Services provided the Contractor obtains City approval prior to the subcontractor performing any work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. go M 13. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 14. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 15. NOTICES All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Paul Malkemus Administrative Services Department CITY OF NEWPORT BEACH 3300 Newport Blvd, PO Box 1768 Newport Beach, CA, 92658 -8915 Phone: 949 -644 -3092 Fax : 949 - 644 -3339 All notices, demands, requests or approvals from CITY to Contractor shall be addressed to Contractor at: Attn: Rob Clement EMBEE TECHNOLOGIES 16592 Millikan Avenue Irvine, CA, 92606 Phone: 949 - 266 -1700 Fax : 949 - 435 -1595 to M 16. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 17. COMPLIANCE WITH ALL LAWS Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 18. WAIVER A waiver by City of any term, covenant, or condition in the Contract shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 19. INTEGRATED CONTRACT This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Contracts of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 20. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Contract and the Scope of Services, the terms of this Contract shall govern. 21. AMENDMENTS This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 0 22. INTERPRETATION 09 The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 23. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project Proposal and Scope of Work. 24. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange. IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: Aaron C. Harp, Assistant City Attorney fnr tha r'.ity of Nawnnrt Rpnnh City Clerk CITY OF NEWPORT A CY- o ti ebb, Mayor for the City of Newport Beach EMBEE TECHNOLOGIES: Name: Title: Name: Title: Attachments: Exhibit A - Scope of Services Exhibit B - Labor and Materials Payment Bond Exhibit C - Faithful Performance Bond F:\users\catNshared\da\Ag\EmbreeTech.doc CITY OF NEWPORT BEACH LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to EMBEE TECHNOLOGIES hereinafter designated as the "Principal," a contract for the purchase and installation of 100 MB wireless radio Wide Area Network (WAN) connections between the City Hall and Utilities sites and between the Utilities and Corporate Yard sites, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of $69,882.20 lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. • so In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of 2006. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED E � M CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to EMBEE TECHNOLOGIES, hereinafter designated as the "Principal," a contract for the purchase and installation of 100 MB wireless radio Wide Area Network (WAN) connections between the City Hall and Utilities sites and between the Utilities and Corporate Yard sites, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and ' duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of $69,882.20 lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, finely by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City. of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specked in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. 3 ft 40 In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of 2006. Name of Contractor (Principal) Authorized Signature/Title Name of Surety Address of Surety Telephone Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 4 �1 1 16592 Milliken Ave. Irvine, CA 92606 PHONE. 949.266.1700 FAX 949.435.1595 Web Site: www.embeetech.com PREPARED FOR The City of Newport Beach Attn:Jonothon Cone PO Box 1768 Newport Beach Ca. 92658-8915 .1bit "A" Estimate DATE ESTIMATE NO. 4/2012006 3672 SALESPERSON Dragonwave Air Pair 50 JOB DESCRIPTION PROJECT NO. QTY DESCRIPTION UNIT PRICE TOTAL 2 Dragonwave Air Pair 50 19,800.00 39,600.00T 18 Ghz standard power, 2ft dish FCC Band 4 ODU Bundle Cable 1000 BT /10 BT and DC Power 30m 360.00 1,440.00T 2 ODU Install Kit (N America) 1,632.00 3,264.007 2 FCC license of 18 Hz frequency - 10 year license 2,400.00 4,800.00T 2 Shipping charges 660.00 1,320.00 City Hall installation: Embee will use existing antenna mast system that is already in place to save money on this project. 24 Labor: to install Radio, conduit system, power, data and 1 1 Product: conduit, data and grounding. 1 Labor: Setup and alignment of Radio /System 24 1 Utilities Yard installation (Tower): Labor to install Radio, conduit system, power, data and grounding. TOTAL the su lec to m l5ae CLIENT SIGNATURE Page 1 65.00 255.00 1,200.00 65.00 1,560.00 1,200.00 1,560.00 1� I 16592 Millikan Ave. Irvine, CA 92606 PHONE: 949.266.1700 FAX 949.435.1595 Web Site: www.embeetech.com PREPARED FOR The City of Newport Beach Attn: Jonothon Cone PO Box 1768 Newport Beach Ca. 92658-8915 Estimate QTY DESCRIPTION 1 Product: Mast support system for tower, bracketing and bracing supplies,data and grounding. 32 Tower Labor to install (2) radio heads on tower 100 above ground. 1 Labor: Setup and alignment of Radio/System. General Services installation: 32 Labor: to install Radio, conduit system, power, data and grounding. 1 Product: Mast support system, conduit, bracing supplies,data and grounding cable 1 Labor: Setup and alignment of Radio/System Terms: Embee will require the first (5) lines to be paid in net 15 prior to the installation in order to obtain the 100 meg link upgrade special that is good through the End of May. After the installation The City Newport Beach will have net 20 on the remainder of the installation costs unless otherwise negotiated. Sales Tax Rate for Orange County DATE ESTIMATE NO. 4/20/2006 3672 SALES PERSON JOB DESCRIPTION UNIT PRICE TOTAL T is estimate is a binding purchase conrac a ween the ies, and is su tec o m1597 ies terms a n ere CLIENT SIGNATURE ze agent. Page 2 1,325.00 150.00 1,200.00 65.00 325.00 1,200.00 7.75% PROJECT NO MI[olr_» 1,325.00T 4,800.00 1,200.00 2,080.00 325.00T 1,200.00 3,953.20 $69,882.20 M Al 23 ' C3g �Ico -2oo4� CITY OF NEWPORT BEACH +, ( CITY COUNCIL STAFF REPORT Agenda Item No. to May 23, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Administrative Services Department Dennis C. Danner, Administrative Services Director 949 - 644 -3123 dd an n e r@ city. n ewp o rt- beach. ca. us SUBJECT: Wide Area Network Upgrades RECOMMENDATION: Approve an agreement with Embee Technologies for hardware and services to provide 100 MB wireless radio Wide Area Network (WAN) connections between the City Hall and Utilities sites and between the Utilities and Corporation Yard sites. Total cost of the project is $69,882.20. DISCUSSION: Background: Over the past decade, the City's dependence on access to electronically stored information and electronic communications has increased by orders of magnitude. To keep up with this ever increasing demand, the MIS Division has continually upgraded capacity by replacing user workstations, servers that process and store information, and the local area networks (LANs) that connect components at the same location together. In contrast, the wide area network (WAN), which connects various City locations together, has not significantly changed in over a decade. Currently the connection between City Hall and the Utilities Department (949 W 16rh Street) and City Hall and the Corporation Yard (592 Superior Avenue) consists of T -1 circuits provided by AT &T. These leased T -1 circuits provide 1,5 Mb /sec connectivity from City Hall to each respective location. In contrast, the City LANs provide connectivity to resources at either 100 Mb /sec or 1000 Mb /sec depending. upon the equipment and location. Lower bandwidths (speed) provided by the existing T -1 circuits has begun to adversely impact these locations as the volume of network traffic has dramatically increased due to more computer users located at these two sites and increased reliance on shared network applications such as file sharing, e-mail, voice mail. Specialized applications such as GIS have been under utilized by the Utilities and Wid*ea Network Upgrade Project f 05/23/2006 Page 2 General Services Departments because the existing WAN response is too slow. The network is also used on a daily basis to transfer water meter readings to the City's billing system during meter reading periods. Additionally, on several occasions, the poor performance of the WAN has led to the loss of some data. Changes in WAN technologies have made higher bandwidth solutions to remote sites more cost effective. T -1 circuits, once considered to be "high bandwidth" solutions are being replaced by newer technologies designed to provide much faster connectivity. Staff examined several alternative solutions to increase bandwidth between sites including solutions from SBC and Cox Communications but the Total Cost of Ownership (TCO) for a licensed microwave is lower than all other comparable solutions both in the short and long terms. Staff has determined that the most appropriate solution with regards to cost, reliability, and performance is to purchase an FCC licensed microwave system manufactured by DragonWave of Canada. Their system provides scalable full duplex (bidirectional) bandwidth from 50Mb /sec to 200 Mb /sec through simple software upgrades, and can be upgraded to as much as 400 Mb /sec with additional components. Staff recommends implementing a 100 Mb /sec system initially since it provides sufficient bandwidth for our present needs and anticipated growth. The existing T -1 circuits would continue to be maintained for backup purposes. In the event of a partial or complete failure of the proposed microwave system, the network will automatically revert to the T -1 circuits with no or minor disruption in service for users. In addition to solving the problem of insufficient bandwidth necessary for daily use of the enhanced data services, the proposed WAN upgrade project will allow the MIS Division to implement critical projects related to information disaster recovery. A critical component of the MIS..Division's information disaster recovery plan is to store copies of the City's information resources at a location that is protected from all likely disaster scenarios. The implementation of this project will allow MIS staff members to fully develop a disaster recovery plan designed to use this faster connection to send copies of all critical data and information to components located at the Utilities Department site. These components will allow staff to quickly recover any information that could be lost in a disaster related event. Environmental Review: The City Council's consideration of this item does not require environmental review. Fundinq Availability: Funding for the project is available and included in the current FY 2005 -06 budget and no budget amendment is required. Alternatives: None Prepared by: Paul Malkemus MIS Manager Attachments: Embee Technologies Proposal Wide fa Network Upgrade Project 05/23/2006 Page 3 Submitted by: Dbnnis Danner Administrative Services Director • 0 Estimate eMbee C in .css 16592 Milliken Ave. Irvine, CA 92606 PHONE: 949.266.1700 FAX 949.435.1595 Web Site: www.embeetech.com PREPARED FOR The City of Newport Beach Attn:Jonothon Cone PO Box 1768 Newport Beach Ca. 92658 -8915 t + DATE ESTIMATE NO. 4/20/2006 3672 - SALESPERSON Dragonwave Air Pair 50 JOB DESCRIPTION PROJECT NO. QTY DESCRIPTION UNIT PRICE TOTAL 2 Dragonwave Air Pair 50 19,800.00 39,600.00T 18 Ghz standard power, 2ft dish FCC Band 4 ODU Bundle Cable 1000 BT /10 BT and DC Power 30m 360.00 1,440.00T 2 ODU Install Kit (N America) 1,632.00 3,264.00T 2 FCC license of 18 Hz frequency -10 year license 2,400.00 4,800.007 2 Shipping charges 660.00 1,320.00 City Hall installation: Embee will use existing antenna mast system that is already in place to save money on this project. 24 Labor: to install Radio, conduit system, power, data and grounding. - -' 1 Product: conduit, data and grounding. 1 Labor. Setup and alignment of Radio/System Utilities Yard installation (Tower): 24 Labor to install Radio, conduit system, power, data and grounding. TOTAL The acceptance of this estimate is a binding purchase contract between the undersigned and Embee Technologies, and is subject to Embee Technologies terms and conditions which appear on the reverse. CLIENT SIGNATURE Client warrants that the signature below is that of an authorized agent. Page 1 65.00 255.00 1,200.00 65.00 1,560.00 1,200.00 1,560.00 Estimate embeg rwcfk„,,, 16592 Milliken Ave. Irvine, CA 92606 PHONE: 949.266.1700 FAX: 949,435.1595 Web Site: wvvw.embeetech.com PREPARED FOR The City of Newport Beach Attn: Jonothon Cone PO Box 1768 Newport Beach Ca. 92658 -8915 OTY DESCRIPTION 1 Product: Mast support system for tower, bracketing and bracing supplies,data and grounding. 32 Tower Labor to install (2) radio heads on tower 100 above ground. 1 Labor: Setup and alignment of Radio /System. General Services installation: 32 Labor: to install Radio, conduit system, power, data and grounding. 1 Product: Mast support system, conduit, bracing supplies,data and grounding cable 1 Labor. Setup and alignment of Radio /System Sales Tax Rate for Orange County `r u DATE ESTIMATE NO. 4/20/2006 3672 SALES PERSON JOB DESCRIPTION UNIT PRICE TOTAL The acceptance of this estimate is a binding purchase contract between the undersigned and Embee Technologies, and is subject to Embee CLIENT SIGNATURE Technologies terms and conditions which appear on the reverse. Client warrants that the signature below is that of an authorized agent. Page 2 1,325.00 150.00 1,200.00 65.00 325.00 1,200.00 7.75% PROJECT NO. TOTAL 1,325.00T 4,800.00 1,200.00 2,080.00 325.00T 1,200.00 3,95320 $69,882.20