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
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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.
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2. TIME OF PERFORMANCE
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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.
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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.
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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
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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.
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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.
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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
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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.
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22. INTERPRETATION
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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.
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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
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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.
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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
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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