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HomeMy WebLinkAboutC-4461 - Contract for Purchase and Installation of Telecommunications Cabling at the Oasis Senior CenterC-11% CONTRACT WITH TEK WORKS FOR THE PURCHASE AND INSTALLATION OF TELECOMMUNICATIONS CABLING AT THE OASIS SENIOR CENTER THIS CONTRACT is made and entered into as of this bill day of , 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City ( "City"), and TekWorks, Inc., a California corporation ( "Contractor "), whose principal place of business is 13000 Gregg Street, Suite B, Poway CA 92064, 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 install telecommunications cabling in the OASIS Senior Center. C. City desires to engage Contractor to provide and install telecommunications cabling drops in flush mount wall and flush mount floor locations and test all voice and data cables installed for the OASIS Telecommunications Cabling ( "Project "). Contractor has agreed to perform the Project in concert with the general contractor's (KPRS, Inc.'s) schedule. 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 Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF WORK Contractor shall perform all the services described in the Scope of Work 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. IR 2. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Contractor shall complete the Work by April 23, 2010. The failure by Contractor to meet this deadline may result in termination of this Agreement by City and assessment of damages as outlined in Section 2.1. 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 Agreement on the date outlined above, Contractor agrees to the deduction of liquidated damages in the sum of Five Hundred Dollars ($500.00) for each calendar day beyond the date scheduled for completion provided in Section 2 of this Agreement assuming that the Contractor has access to the OASIS Senior Center as described herein. 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 Twenty-Eight Thousand, Seven Hundred Fifty -Seven and 521100 Dollars ($28,757.52.) 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 cost "of materials and equipment delivered and suitably stored at the OASIS Senior Center for subsequent incorporation in the Project work shall be included in progress payments. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. Notwithstanding any other provision of this Agreement, when payments made by City equal 90% of the maximum amount provided for in this Agreement, no further payments shall be made until City has accepted the final work under this Agreement. 4. ADMINISTRATION This Agreement will be administered by the Public Works Department. Peter Tauscher shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 5. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 5.1 Contractor shall use only the standard materials described in Exhibit A in performing services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed unless approved in advance by the City Administrator. 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 Agreement, 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 Agreement; (2) use of improper materials in performing this Project including, without limitation, defects in workmanship or materials and/or design defects; and /or (3) any and all claims asserted by Contractor's subconcontractors 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 Agreement 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 Agreement, except to the extent provided in Section 6.3 above. 6.7 The rights and obligations set forth in this Section shall survive the termination of this Contract. 7. 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 Agreement. 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 wok Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, 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 or performance of any work. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. 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. Coveraae 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 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 Agreement, 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 Agreement, 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. 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 10 11. 12. G. Addition! 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. 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. 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. 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. 13. 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. 14. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement 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: Peter Tauscher Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3316 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Shawn Bankes, Senior Manager TekWorks,lnc. 13000 Gregg Street Poway, CA 92064 Phone: 877 - 835 -9675 Fax: 858 - 668 -3320 15. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. 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 Agreement 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 Agreement 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 16. 17. 18. 19. 20. 21 22. 23. the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Agreement. 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. T71� /lVA4 7 A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. INTEGRATED AGREEMENT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal Agreement or implied covenant shall be held to vary the provisions herein. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services, the terms of this Agreement shall govern. AMENDMENTS This Agreement 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. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement 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. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to It and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. INTERPRETATION 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. FZ' ANN �I ffA : "-,M Contractor agrees that the telecommunications cabeling installed pursuant to this Agreement shall be covered by a twenty-five year wear warranty as outlined in the Technical Specification under Warranty Information, attached hereto as Exhibit D and incorporated in full by this reference. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: r ynet a ch mp, Assistant City Atl ney for the City of Newport Beach ATTEST: Y�t - � � Leilani I. Brown City Clerk ZFoRN i CITY OF NEWPORT BEACH, A Municipal Corporates Shen G. Badum, erector of Public Works for the City of Newport Beach TEKWORKS, INC. By: (Corporate Officer) Title: T,2e–s •S:�,S —i Print Name: �L� ti- �-v r4�,� gas2c�Z,ees nanciaTCSfficer) GO: 2 Prin Name: JAN &.., Please note: Corporations must complete and sign both places above even if each office is held by the same individual Attachments: Exhibit A - Scope of Services Exhibit B - Labor and Materials Payment Bond Exhibit C - Faithful Performance Bond Exhibit D - Warranty Information X1 CITY OF NEWPORT BEACH BOND NO. 4377598 P,enniJm indudM in Prenni`AMorgedfn,Pe,f,,, an.. Band. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to TeMorks, Inc., hereinafter designated as the "Principal," a contract for the OASIS, located at 13000 Gregg Street, Suite B, in the City of Poway, 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, Sure'rec Insurance company 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 Twenty -Eight Thousand, Seven Hundred Fifty-Seven and 521100 Dollars ($28,757.52.) 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. 10 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 19th day of February , 2010, Tekworks, Inc. Name of Contractor (Principal) SureTec Insurance Company Name of Surety 3033 5th Avenue, Suite 300 San Diego, CA 92101 _ Address of Surety 16191400 -4104 Telephone Authorized SlgnaturerTh� A.$- Aut 6rized Agegtt Signature Maria V. Whitecage, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF BQTIJ, CONTRACTOR AND SURETY MUST BE ATTACHED 11 ACKNOWLEDGMENT \YYY\\ Y\\\ YYYYYY\\ NNNNN NNNNY\YY\NNNNNNNN ad" \YYYYYYYY111111111YY \YYYYYYYYYY YII \ \NReYI :ary the the the instrument, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. FIr *KIMBERLY L. MARQUIS COMM. # 1730451 NOTARY PUBLIC PUBLIC - CAUFORNIAC My SAN DIEGO COUNTY Comm. Expires March 11, 2011 (saal) NN\NNN wwX M \Y\YNYNYY\Nwww \www.YYNN4Y Yw YNYYYYN ...YYYN \ \ \ \ \ \ \ \ \ \ \ \ \ \f \ \ \ \NNNNN Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INPORAIATION TM of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible W ltness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO T President 1 Vice - President I Secretary I Treasurer Other: Other Thumbprint of Signer Check here 9 no thumbprint or fingerprint Is avallame. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On FEB 19 2010 before me, Sarah Myers Notary Public personally appeared Maria V. Whitecave who proved to me on the basis of satisfactory evidence to be the person(;;/) whose name(h) is/aik subscribed to the within instrument and acknowledged to me that Wshe/➢y executed the same in lUs/her/tUiir capacity(Ws), and that by Ms/her/tlWr signature(i) on the instrument the personiN), or the entity upon behalf of which the person(/;!) acted, executed the instrument. SARAH MYERS COMM. #1778881 c) 0 NOTARY PUBLIC-GAUFORNIA 'A SAN DIEGO COUNTY M1n Expires 0CV0E'MM5mE1R0n8' ET I certify under PENALTY OF PURJURY under the laws of the state of California that the foregoing paragraph is true and correct. , WITNESS my Pandjand official seal. Signature . . . .. .. .. .. ................. . . . .. ............... . ................... . . . Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. I CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ MEMBER of LLC ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document SIGNER IS REPRESENTING: Signer(s) other than named above NAME OF PERSON(S) OR ENTITY(JES) POA #: 510007 - San Diego SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing ender the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by time presents make, constitute and appoint James Baldassare, Jr., Lawrence F. McMahon, Audrey Rodriguez, Maria V. Whitecage its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/12 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice-President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(*in -FW to represent and act for and on behalf of the Company subject to the following provisions: Attorney- in -Faci may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Atmmey -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature ar Facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a tweeting held on 200 of April. 1999.) In IJ'rtness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. SURETEC IN CE COMPANY State of Texas 0: County of Hams s `' ... •' M� On this 28h day of October, 2008 before me personalty came B.J. Kung, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company, and that he signed his name thereto by like order. Michelle Dentry State Texas —dll!Ak r0pa dtj , t3ryWC�agmtC7, z012 Michelle Denny, Notary Piliblic My commission expires August 27, 2012 L M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect FEB 19 2010 Given under my hand and the seal of said Company at Houston, Texas this day of 120 A.D. M /Z 6 ai�& M. Brent eaty, Assts ant Secretary Any instrument Issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST. CITY OF NEWPORT BEACH BOND NO. 4377598 FAITHFUL PERFORMANCE BOND ererteium rt Jor mnnoct term nne subject The premium charges on this Band is $ 718.00 ro adju rm rhos don Jinul ronnan on e. being at the rate of $ 25.eo thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to TekWorks, Inc., hereinafter designated as the "Principal," a contract for the OASIS, located at 13000 Gregg Street, Suite B, in the City of Poway, 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 Sure'rec Insurance Company 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 Twenty -Eight Thousand, Seven Hundred Fifty -Seven and 521100 Dollars ($28,757.02.) 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, firmly 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 speed, 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 specified 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. 12 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 Surely from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 19th day of February 2010, Tekworks, Inc. Name of Contractor (Principal) SureTec Insurance Company Name of Surety 3033 Sth Avenue, Suite 300 San Diego, CA 92101 Address of surety (619)400.4104 Telephone Authorized Signaturefflitle Autrynzed Ag e t Signature Maria V. Whitecage, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF BOTH CONTRACTOR AND SURETY MUST BE ATTACHED F. "am%PBMSMredlContraots%INFORMAI- CONTRACT5t20101OASI&Oasls Telecom Cable Informal Contrdct.cim 13 ACKNOWLEDGMENT • Y\\ 11\\\\\ o\\• Y\\\\, 1\ Y\\\\a M/\\\ \\\\\ \Ya \ \ \ \\ \\ \ \ \\\\ \p \\ \ \ \ \wh RO\\ \ \YY \Y \ \\\\. State of Cali ila County of � B�QI } ss. instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KIMBERLY L. MARQUIS COMM. # 1730451 Z m.... NOTARY PUBLIC - CALIFORNIA ± SAN DIEGO COUNTY My Comm. Expires March 11, 2011 (seal) \Y1,U \1Y \ \Y Y w w YYY. Y Y Y Y \ \IIY \Y YYYY YY\ \ \ \Y \ \YI.YYYY \ \ \ \ \Y\ \ \Y Y Y Y Y YY \ \w„"Y Y Y Y \Y YY YI OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification — Paper Identification _„Credible Witnesses) Capacity of Signer: _ Trustee Power of Attorney CEO I CFO I COO President I Vice- President I Secretary I Treasurer Other. Other rr Q Check here Ir no thumbprint or fingerprint is available. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of San Diego orFEB 19 2010 before me, Sarah Myers , Notary Public personally appeared Maria V. Whitecage who proved to me on the basis of satisfactory evidence to be the person(/) whose name(66 is /a& subscribed to the within instrument and acknowledged to me that Wshe/t)Wy executed the same in lUs/her /tHiir capacity(Ws), and that by Ns/her /tWk signature($ on the instrument the personft or the entity upon behalf of which the person(k) acted, executed the instrument. I certify under PENALTY OF PURJURY under the laws of the state of California that the foregoing paragraph is true and correct. SARAH MYERS yu �+ NOTTARRYnPUBUC1CC IF IA vi WITNESS my d d official seal. p SAN DIEGO COUNTY 0 my Commission E ires NOVEMBER 8,2 11 Signature of . < .. .. ........................ ........ . Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ MEMBER of LLC ® ATTORNEY -IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT Tide or Type of Document Number of Pages Date of Document SIGNER IS REPRESENTING: Signer(s) other than named above NAME OF PERSON(S) OR ENTITY(IES) POA #: 510007 - San Diego SureTec Insurance Company LIMITED POWER OF ATTORNEY Xaow All MOB by These PrererrA That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Hams County, Texas, does by these presents make, constitute and appoint James Baldassare, Jr., Lawrence F. McMahon, Audrey Rodriguez, Maria V. Whitecage its true and lawful Attomey -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/12 and is made under and by authority of the following insurance C resolutions of the Board of Directors of the SureTec ompany: Be it Res"t"ed, that the Premdeot, any Vice- President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signanue of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeiing heel an 20" of April. 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. arrc su" EC us CE COMPANY t —B .T. KI ldent State of Texas ss: .4 A County of Harris s .` .. �< On this 28h day of October, 2008 before me personally came B.J. King, to the known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that be knows the seat of said Company; that the seat affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company, and that he signed his name thereto by like order. Michelle Denny NotivyPulift Stele Of Tom (UL1(I(ft'.tll, inn _ ticwwl xutya�t a7, aora Michelle Denny, Notary P My commission expires August 27, 2012 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full flame and effect. 19 2010 Given under my hand and the sea] of said Company at Houston, Texas this day of DEB _ 20_, A.D. M. Brent-Beaty, Assistant Secretary Any Instrument issued in excess of the penalty stated above is totally Vold and without any validity. For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST. cunnccGng gnat wort+d u�w vmu »om my Date : 112812010 LA 116551aMOrd CO n Anaheim, CA 92805 Project Name : Panduit Cat6 CMR -Rev2 Phone: a77 TEKWORKS TekWorks Job #: LA1335 -Rev2 CMR FAX: 714- 940 -1786 TekWorks Quote ID: 7490 iTusttfd(teFfhformaiif r} Projt�,iiiress: _� .'1kWorksContacts: . Peter Tauscher City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Phone: 949-644 -3316 Fax: Cell: DESCRIPTION 800 Marguerite Corona Del Mar, CA 92625 MDF Room#173 Category 6 PVC Workstation Locations Sales Contact: Mike Gaffrey Phone: 714 -940 -1783 Fax: 714 -940 -1786 Estimator Contact: Chris Ronalds Phone: 714 -940 -1783 Fax: 714 -940 -1786 Provide and install: Category 6 PVC Rated Cabling Drops in Flush mount Wall and Flush mount Floor locations as indicated on customer provided plans. Route cabling overhead via J -hook Pathway or via customer supplied conduit to same floor IDF. Terminate cabling on Category 6 Termination Hardware. Project installation shall follow Customer's Telecommunications Specifications for the city of Newport Beach - OASIS Senior Center - Issued for Bid on 12/23/2009 and revised per Addendum issued 01/20/2010. Workstation Breakout: 2 Cable -Flush Wall Location -(005) 1 Cable -Flush Wall Location -(009) 1 Cable -Floor Outlet Location -(010) Total of (029) Category 6 cables installed. Jacks will be wired to the TIA/EIA T568B standards. TekWorks will test all voice and data cables installed under this scope of work with a "Level III" Certification tester, compliant to TIA/EIA Category 6 ( BASIC -LINK) standards. IDF2 Room #156 Category 6 PVC Workstation Locations Provide and install: Category 6 PVC Rated Cabling Drops in Flush mount Wall and Flush mount Floor locations as indicated on customer provided plans. Route cabling overhead via J -hook Pathway or via customer supplied conduit to same floor IDF. Terminate cabling on Category 6 Termination Hardware. Project installation shall follow Customer's Telecommunications Specifications for the city of Newport Beach - OASIS Senior Center - Issued for Bid on 12/23/2009 and revised per Addendum issued 0112012010. Workstation Breakout: 2 Cable -Flush Wall Location -(005) 1 Cable -Flush Wall Location -(021) Customer Approval Page 1 dB imti2d here conn¢c'tlny your worts DESCRIPTION Total of (031) Category 6 cables installed. Jacks will be wired to the TIA/EIA T568B standards. TekWorks will test all voice and data cables installed under this scope of work with a "Level III' Certification tester, compliant to EIA/TIA Category 6 ( BASIC -LINK) standards. IDFf Room#127 Category 6 PVC Workstation Locations Provide and install: Category 6 PVC Rated Cabling Drops in Flush mount Wall and Flush mount Floor locations as indicated on customer provided plans. Route cabling overhead via J -hook Pathway or via customer supplied conduit to same floor IDF. Terminate cabling on Category 6 Termination Hardware. Project installation shall follow Customer's Telecommunications Specifications for the city of Newport Beach - OASIS Senior Center - Issued for Bid on 12/23/2009 and revised per Addendum issued 01120/2010. Workstation Breakout: 2 Cable -Flush Wall Location -(019) 2 Cable -Floor Outlet Location -(003) 1 Cable -Flush Wall Location -(061) 1 Cable -Floor Outlet Location -(012) Total of (117) Category 6 cables installed. Jacks will be wired to the TIA/EIA T568B standards. TekWorks will test all voice and data cables installed under this scope of work with a "Level III" Certification tester, compliant to EIA/TIA Category 6 ( BASIC -LINK) standards. MDF Room #173 Build -out Provide and install the following per provided drawing (E -4.0) (01) Panduit (PZAEWM3) Wall Mount Rack (01) Panduit (NCMHF1) 1 U Horizontal Wire Manager - Black (02) Panduit (SRB19BYL) Extended Strain Relief Bar - Black (01) Panduit (CPP48FMWBLY) 48 -port Patch Panel - Black (29) Panduit (CJ688TGBL) Category 6 Jack - Black (01) 25 Feet #6 AWG Non - plenum Rated Grounding wire with Termination Lugs. This build -out is a basic configuration to accommodate the cabling for this project. Additional components can be added at an additional charge if the customer elects to re- design the build -out configuration. TekWorks will anchor and ground (01) Wall Mount Rack within the MDF /IDF to a customer provided Grounding Busbar. A Grounding Source Conductor from the Main Electrical Panel and a Telecommunications Busbar must be provided by others within (15) feet of the hardware to be grounded by Tekworks. lDF2 Room #156 Build-out Provide and install the following per provided drawing (E -4.0) (01) Panduit (CMR19x84) Two Post Rack - Black (02) Panduit (PRV6) Vertical Cable Manager 6" wide x T tall - Black (02) Panduit (PRD6) Vertical Cable Manager Door - Black (01) Panduit (NCMHF2) 21.1 Horizontal Wire Manager - Black Customer Approval Page 2 of 9 initial here ..................... ..................... .............. mnnectJng yo�m wwfsf au .umo vmm sv DESCRIPTION (02) Panduit (SRBI9BYL) Extended Strain Relief Bar - Black (01) Panduit (CPPA48FMWBLY) 48 -port Angled Patch Panel - Black (31) Panduit (CJ688TGBL) Category 6 Jack - Black (01) CPI 10'x 12" Cable Runway with Mounting Hardware- Black (02) CPI Wall Angle Supports Bracket for 12° Cable Runway — Black (01) CPI Cable Runway Ground Strap Kit (01) 25' Feet #6 AWG Non - plenum Rated Grounding wire with Termination Lugs. This build -out is a basic configuration to accommodate the cabling for this project. Additional components can be added at an additional charge if the customer elects to re- design the build -out configuration. TekWorks will anchor and ground (01) Rack and associated Cable Runway within the MDF to a customer provided Grounding Busbar. A Grounding Source Conductor from the Main Electrical Panel and a Telecommunications Busbar must be provided by others within (15) feet of the hardware to be grounded by Tekworks. lDF1 Room #127 Build -out Provide and install the following per provided drawing (E -4.0) (01) Panduit (CMR19x84) Two Post Rack - Black (02) Panduit (PRV6) Vertical Cable Manager 6' wide x 7' tall - Black (02) Panduit (PRD6) Vertical Cable Manager Door - Black (01) Panduit (NCMHF2) 2U Horizontal Wire Manager - Black (06) Panduit (SRBI9BYL) Extended Strain Relief Bar- Black (03) Panduit (CPPA48FMWBLY) 48 -port Angled Patch Panel - Black (117) Panduit (CJ688TGBL) Category 6 Jack - Black (01) CPI 10'x 12" Cable Runway with Mounting Hardware- Black (02) CPI Wall Angle Supports Bracket for 12" Cable Runway — Black (01) CPI Cable Runway Ground Strap Kit (01) 25' Feet #6 AWG Non - plenum Rated Grounding wire with Termination Lugs. This build -out is a basic configuration to accommodate the cabling for this project. Additional components can be added at an additional charge if the customer elects to re- design the build -out configuration. TekWorks will anchor and ground (01) Rack and associated Cable Runway within the MDF to a customer provided Grounding Busbar. A Grounding Source Conductor from the Main Electrical Panel and a Telecommunications Busbar must be provided by others within (15) feet of the hardware to be grounded by Tekworks. OSP 25 -pair Category 3 Backbone Provide and install (1) 25 pair OSP PE -89 cable from the MDF to IDF 1 and IDF 2. Total of two cables. Provide and install (3) 110 blocks. One in the MDF, one in OF 1 and one in IDF 2. Terminate the 25 pair cables on the 110 blocks. Label the cables and the 110 blocks. Test the 25 pair cables and provide test reports to Newport Beach Senior Center. Cust m Approval Page 3 of 9 initial here _� bw Court ®Ctl //8 U��worfd caw rwa carom rmm ¢ry DESCRIPTION OSP Fiber Optic Backbone Provide and install (2) 6- strand MM 50Um OM2 OSP fiber cables. One from the MDF to IDF 1 and one from the MDF to IDF 2. Both cables to be placed in conduit provided by others. Provide and install (2) FRME1 fiber enclosures. One in the MDF and one in IDF 1 Provide and install (3) 6 fiber LC fiber termination panels. Two in the MDF and one in IDF 1. Provide and install fiber minicom jacks and duplex LC fiber adapters with module in IDF 2. Provide and place simplex LCMM fiber pigtails. Total of 24 each. Splice the pigtails to the fiber cables. Total of 24 splices. Label the fiber cables and the patch panels. Test the fiber cables and provide test reports to Newport Beach Senior Center. Provide (24) LC to LC patch cords. SC- Consumables TekWorks will provide and install Consumables including J- hooks, Trapezius, Velcro Cable Ties, Grid Wire, Cable Ties, Ceiling Screws, Cable Saddles, Electrical Tape, Label Maker Tape, etc. Terms And Conditions Certain standard terms and conditions will govern all work performed under 'Scope of Work" referenced above. These terms and conditions are as follows: Page 4 019 Customer Approval initial here r ,tanneitlrtg your �sorl� nn. ..coo �mm my 1. Hourly rate is based on Non - Prevailing Wage per City of Newport a -mail from Peter Tauscher dated 1/0712010, 2. Labeling scheme must be approved by Customer prior to installation and conform to current standards. 3. TakWorks will test all Workstation cabling installed under this scope of work using a FlukeDSP tester, 4. All test results shall be submitted to the customer in hard and soft copy. 5. This proposal is based on customer provided floor plans and RFP for the City of Newport Beach Telecommunications Specifications for 800 Marguerite Corona Del Mar CA 9262 received Jan 5th 2010- Electrical plans E0.1, El. 1, E2.2A, E2.29, E2.2C, E4.0. A2.5a, A2.5b and A2.5c - Project# 2007.03 - B -5206 Dated 01112/2009 and revised per Addendum issued 0112012010, 6. Job will commence as scheduled by Customers Project Manager, but in no vase less than Seven (7) working days upon receipt of a Purchase Order or signed approval with the condition that materials are available within this timeframe to commence on the project, 7. This proposal has been based on estimates that include costs of materials at current market rate. In the event that, during the performance of this agreement, the price of copper and/or any other necessary commodities significantly increases or decreases, through no fault of TekWorks, the price of any materials, components, or goods to be furnished under this agreement shall be equitably adjusted Budgetary by an amount reasonably necessary to cover any such significant price increases or decreases and billed to the owner. Such price change shall be documented through commercial quotes, invoices, receipts or other such documentation. S. Where the delivery of materials, components, or goods required under this agreement is delayed, through no fault of Tekworks, as a result of the shortage of unavailability of commodities, raw materials, components and /or product, Tekworks hall not be liable for any additional cost or damages associated with such delays. Due to the timeframs of the project, there may be a possible increase or decrease in the copper materials. At the time of contract award, Tekworks Inc. will inform the customer of this potential change and adjust in a change order or adjust the contract amount prior to it being issued. 9. PerformancelPayment Bond Fee's have been included and formal paperwork will be submitted upon contract award. 10. Cable Run Lengths for wall and or floor locations show on the customer's floor plans to be feed by conduit have been estimated to the closet wall or column. Additional charges may apply if an alternative pathway is installed resulting in longer run length. 11. Tekworks will provide to the customer a Panduit Manufacture Solutions Warranty for this project. 12. Additional Charges may apply upon Tekworks receiving additional General Terms or Special Condition documents that may apply to our proposal pricing provided to the customer. 13. Parking has been excluded on the assumption the customer will provide parking for two vehicles. Additional charges may apply if parking is not provided or validated. 14. This proposal is based on customer provide RFP, RFI response and Addendum issued 01120/20 10. 15.TekWorks has requested Mechanical /Electrical floor plans from the customer, to provide the most cost effective cable route pathways within the ceiling space. The customer was unable to provide the Mechanical /Electrical floor plans to TekWOrks before the Bid submission date. The estimated cable run lengths for wall and or cubicle locations show on the customers provided floor plans have been estimated to the closest wall, conduit feed point or column Tekworks will provide upon the customers request a cable pathway floor plan indicating the estimated routs. Additional charges will apply if an alternative pathway is required for cable installation. Additional Terms And Conditions 1) All work to be performed during normal business hours (Monday through Friday 7:00 am - 5:00pm) Holidays not included. Tekworks shall approach the customer for approval if overtime is required to complete this project by the customer requested due date. The contract approval date in comparison to the customer requested completion date will be the determining factor. Should overtime be required, additional costs shall apply to this contract. 2) Any additional requests associated with work not included within this proposal, shall be submitted as a separate change order. 3) TekWorks costs for the cable installation herein are based upon a'dear path requirement'. A dear run path will have no major impediments such as installation within existing ceiling grid and /or tile, the need to penetrate firewalls, the need for the drilling of headers, concrete slabs,the need for conng,etc. Conduits, sleeves, boxes, terminal cabinets, backboards. mud rings, core drilling, core sealing, fire penetrations and fire stopping, are excluded. If a clear path run is not available,additonal costs shall apply All Existing conduits or underfloor duct are assumed to be dry, free from obstruction, are of sufficient sae, and have plastic bushings installed on both ends of the conduit to prevent cable damage. Any labor spent to clean, remove obstructions, install bushings, etc., will be an additional charge. 4) Tekworks quote shall be valid for a period of Fourteen (14) days from quote submission dale 5) Tekworks shall not be liable for failure to meet such dates nor for delays in delivery or performance nor for failure to manufacture, install or deliver due to accidents of any cause beyond its reasonable control or acs of Gad, acts of terrorism, acts of Customer Personnel or owners, acts of the General Contractor, acts of civil, governmental or military authority, priorities, fires, strikes, or other labor disturbances, floods. epidemics, wars. riots. delays in transportation. or vehicle shortages. or inability on account of cause beyond its reasonable control to obtain necessary labor, material. components or manufacturing facilities. In the event of any such delays, the date of delivery or of performance shall be extended for a period equal to the time lost by reason of the delay. 6) Some material within this proposal has a 3-4 week lead time for delivery upon order placement by Tekworks. Project commencement shall be dictated by lead limes and delivery on equipment and materials. If expedites are required to meet deadlines, customer is responsible for any expedite costs to meet delivery deadlines. Customer Approval Page 5 d9 initial here ronnectlng your ryorld my 7) Ring and string to be provided by others at all outlet locations. Ring is defined as mud rings within the walls to accommodate devices. String is defined as pull string for cabling through conduits provided by others. Additional charges shall apply if ring and string is not provided by the customer or General Contractor. e) Tekworks current insurance policy covers $2,000,000 General Liability, $1,000,000 Automobile Liability, $4,000,000 Umbrella and $1,000,000 Workers Compensation. upon a request from Customer for insurance requirements above and beyond T6klMorks standard coverage, a change order shall be issued to Customer for the additional costs incurred. These added costs include but are not limited to Special Endorsements, Waivers or increases in policy amounts. 9) The labeling scheme for this project is based on TekWorks standard labeling scheme, sequential per room. 10) One Complete set of unmarked plans and specifications are to be provided to TekMrks. Upon approval of this project, TekWarks requires the most recent autoced files for this project at time of contract award by customer. If project'As- Buill' Drawings are required upon completion of the project, Autocad formatted files are to be provided by the customer. If Autocad files are not received, additional charges shall apply. 11) Customer to provide an adequate path for loading equipment and materials into the facility. This includes, but not limited to, a loading dock, ramp, freight elevator, etc. Additionally, a secure location will be provided by customer or General Contractor to store material and equipment on site during the installation process. 12) TekWorks Technicians will have immediate access to all work areas without delays. Any waiting time or remobilization of TekWorks crews directly attributable to the customer, other trades, schedule or delays out of Tekworks control shall have additional costs applied. 13) This proposal has been based on estimates that include costs of materials at current market rate. In the event that, during the performance of this agreement, the price of copper and /or any other necessary commodities significantly increases, through no fault of Tekworks, the price of any materials, components, or goods to be furnished under this agreement shall be equitably adjusted by an amount reasonably necessary to cover any such significant price increases and billed to the owner. Such price increases shall be documented through commercial quotas, invoices, receipts or other such documentation. Where the delivery of materials, components, or goods required under this agreement is delayed, through no fault to TekWorks, as a result of the shortage or unavailability of commodities, raw materials, components and/or products, TekWorks shall not be liable for any additional cost or damages associated with such delay(s). 14) Any returns or cancellations of materials within this proposal are sublect to manufacturer advance approval. restocking fees and additional shipping costs. 15) Lifls not included within this proposal. 16) Feed/Riser/Backbone Cables are "estimated" distances. Price may increase based on actual installed footages. 17) Hourly rate based on regular time, non - prevailing wage hours. Should Prevailing LVege requirements apply to this project. Tekworks shall amend this proposal to include the additional labor cost for the project. Additionally, if TekWerks is instructed to propose a project as non - prevailing wage and subsequent determination is that that prevailing were required, the customer is responsible for all associated additional labor charges. 18) As a Certified Installer, TakWorks, Inc. will design, install and test the structured c iblmg system. Parts and labor coverage on cable and connecting hardware are all covered up to 20 years. The warranty is direct from the manufacturer to the end -user so there is one point of contact. Installation and materials subjected to misuse or alteration are specifically not covered under this warranty. Manufacturer patch cords must be installed at both the distribution and user end locations for the channel warranty to apply If these are not to be provided, then the system is warranted as a basic link. 19) TekWorks will ground all open racks to the existing grounding busbar. Customer must furnish a grounding source conductor to the building ground system within Fifty (50) feet of the hardware to be grounded. 20) Any damage or loss to Tekworks installation by other trades will be billed to Tekworks contracted customer. The General Contractor and /or party responsible for damage will not be invoiced by Tekworks. Tekworks will not make any corrections to damage until written approval has been provided to Tekworks by contracted customer with signature indicating coverage. If said signature is not given to Tekworks in a timely manner, Tekworks will not be held responsible for any delays in construction progress. 21) As a professional outside plant construction company,Tekworks, Inc. will design, install, and inspect within reasonable measures, all newly installed conduit systems, vault structures, utility poles, and surface restorations included as each scope of work applies to this proposal. All Tekworks OSP workmanship is guaranteed for a period of two (2) years, with the term commencing on the date of final customer acceptance of the newly installed infrastructure system. Any deficiencies directly related to Tekworks workmanship within the warranty tens, shall be rectified immediately. and in a manner so as to ensure owner approval, at no additional cost to owner 22) This proposal includes all applicable sales tax. 23) Any work associated with this project involving ceiling grid, AC Power, floor monuments, pedestals and /or electrical connections are excluded and provided by others 24). Customer Approval Page 6 of 9 initial here l connez:tlng Your world ur•. .mac .�rmv .mm rm 25) Tekworks estimated all cable lengths based on standard installation practices per the customer - provided drawings. If the mechanical, electrical or reflective ceiling plans were not provided during time of bid, andlor cable pathway changes are needed, than additional cable may be required for this project. Cable pathways may be altered by AC dueling, conduit penetrations, restrooms, mechanical /electrical rooms, etc. Tekworks takes every precaution to accurately estimate all cable footages per the customer- provided drawings. If it is discovered by Tekworks' project managers during the installation process that additional cable is required, then additional costs may apply. Contract Total $28,757.52 Twenty -Eight Thousand Seven Hundred Fifty -Seven And 521100 The Parties, having read the terms of this agreement and intending to be legally bound hereby, do hereby execute this agreement willingly. City of Newport Beach Authorized Signature By: Name: TekWorks Inc. Authorized Signature M Name: Authorized Signature Print Title Date Authorized Signature Title Date Print Page 7 of 9 Customer Approval DC Resistance (max) °C 9.38 ohms/100m Ohms/100m (328ftl 20 I ­­ I ...... .... .330 ", DC Resistance Unbalanced (max) 4% Individual Pair % 15 Delay Skew maxi 35 ns/100m ns/100m .... . . . . ..... ..... . .... t Nom. Velocity of Propagation 70% % Speed of Light ...... . ........... . ... Characteristic Impedance 1100 ohms :t: 15 ohms Frequency (f): 1-50OMHz 5.9 :m .' z '.*....MftK�="-' I Uz CMR (Non-Plenum) Nominal Cable Diameter (in) .330 Nominal Cable Weight (lb5 /1000 it) 42 Minimum Bond Radius 0) 15 Maximum Putting Force (lbs) 40 Temperature Rating ('Q t Inslallawn 0 10 +60 Operation: .20 to +75 :m .' z '.*....MftK�="-' I Uz : 1 , 1, "Illift .' ; . :. , " 1 70.2 72.2 2.1 4 59.5 61.5 3.8 8 53.5 55.5 5.3 10 51.4 53.4 5.9 16 46.7 48.7 7.5 20 44.4 46.4 8.4 25 41.9 43.9 9.4 31.25 39.4 41.4 105 62.50 30.4 32.4 15.0 100 232 25.2 19.1 200 102 12.2 27.6 250 5.2 7.2 31.1 300 0.8 2.8 343 400 - - 40.1 500 35.1 67.0 45.3 P I General Cable CMP (Plenum) ,320 45 1.5 40 0 io +60 .20 to +76 72.3 743 64.8 67.8 20.0 40.0 67.0 67.0 63.3 65.3 52.8 55.8 23.0 40.0 67.0 66.2 588 60.8 46.7 49.7 24.5 40.0 67.0 60.1 57.3 59.3 44.8 47.8 25.0 40.0 6T0 58.2 54.2 56.2 40.7 43.7 25.0 38.0 67 0 54.1 52.8 54.8 38,8 41.8 25.0 37.0 67.0 52.2 51 3 533 36,8 398 24.3 36.0 67.0 50.2 499 51.9 34.9 37.9 23,6 35.1 67.0 48.3 45.4 474 28.9 31 9 21.5 j 32.0 65.6 1 42.3 423 443 248 278 20.1 i 300 62.5 38.2 37.8 39.8 18.8 21.8 18.0 27.0 58.0 32.2 36.3 383 16'8 193 17.3 26.0 56.5 30.2 351 37.1 15.3 183 16.8 25.2 55.3 28.7 33.3 353 128 15.8 15.9 24.0 53.5 I 26-.2 318 338 108 138 15.2 230 520 24.2 GENERAL CABLE and GENSPEED are tradarnarks, of General CabloTachnologias Corporation. Highland Heights, Kentucky 41076-9753 North York, Ontario M91_ 2X8 02009. Gen..[ C.bl.Tachn.l.gles C.m.nai.a. Telephone: 1800) 424-5666 Telephone: (800) 561-0649 Highland Heights, KY 41076 1859) 572-8000 Fax: (800) 565-2529 All rights reserved. Printed in USA. Email: infD@generaicable.com F.n. N.. DAT0119-0109 winns,-generalcable.com 1.1. 4 Tesseneer Drive 5 590 Barmac Drive G • Extensive design development conducted to find the perfect blend of product performance and consistent manufacturability • Innovative T -Top cross -web provides superior internal electrical characteristics by locking the pairs into a systematic orientation within the cable • Superior flame and smoke characteristics achieved through innovative design and careful selection of materials with certified suppliers • IEEE 802.310G Base -T, 100 Base T • 100 Base-TX, 10 Base -T, 1000 Base -TX • 155 Mb /s ATM • ANSI X3.263100Mb /s • IEEE 802.3af for PoE • Draft IEEE 802.3at for PoE Plus `Hid3131�1� „e1�hli�,. ANSIJTIA .:: t Folds ANSI /TlA 568 B.2 -10. Perfect for component upgrades; this cable is fully - backward - compatible to legacy - °infrastructures� and:it prepares your system for future 10 Gigabitappilcations: GenSPE €a 10,000 solves the Elne` :Gigabit limitation of.Category 6e and Category fi and is an ideal solution for bandwidth- intensive applications. Conductors Color Code • 23 AWG solid hare • Blue/White annealed copper • Orange/White Insulation • Green/White • Non- Plenum: Polyclefin ' Brown/White • Plenum: Fluoropolymer Separator Pairing • T -Top cross web • 4 Pair Jacket • Non - Plenum: Flame- retardant PVC • Plenum: Low - smoke, flame - retardant PVC Mile! le, o.e.l,,or ,,,,0, Vi General Cable b v w ° bO bl) + U O cd � tV � � �' 'd a'O-• ID .y R y > N N O vi t] a L CU�+ ❑�❑ � O .b z p cd cd 1 zz'to 3 ami "� `coi� CdZb 5�� 8 d 7o i �� G� bl) Do 71 Ei 'RCD} ccl� b _mow vj C (Z3 o v v--- 'D .8 w c [ -o Q y y w }ai tiv a0i•" �47b � 00 �Jt � U N ° n0 0 ,d o > b ti ,O0 Cd .0 'd ti w b GU G 'L7 O O C J0-- 'cdb tl 4„ Z Qj .� O U A 0 v) 'N b x y a0i b C bA C 0 o 0 � Cu °d O N v cd a� y O v N 0 ('� 3c 3 �j ° ti N 40.•A, O C,, V �d C H tC07� U 2 ,ma y O z 7 G O cad w C7 ,� r u °= o v d y Ca N F. t-. 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CC44aaa1Fd �D a� envA eQa CC „ o "Cl UA A ��43 .� zzaFzw o 3 ti o , 5 ci °+O 2 " ° °J -tea "� ° a o�y w o� Yo vN3 abi°.7W o a� C bna+4 A U a "' dPa0'U- w° N 0 �ul� o c7 w v 0 3 W .wr .7 .�. N y W bC7 o ° m $ c FpzC�. xUiS z v d o O y.abai> o.'� o-Cm7zd 0 402, o x O9ba asZ N oQ ZA s"• �' OW T b T y 4r 4Q'J N V CEJ FFd++�r-y o y 1�.1 o ° " " ° W -aUW d° y i. o o ° U�.?. AFOdaw cid oho ob z zzz oW 3 �Ab Htb°nq vino°? .W-AWOd.a �• o o to a> oN a 3 U c c,? ° a i y pa F. u b 0 on U d a 4 F d °' $ °� 'Y o �" z ° o•oq o� p v oa .w o d ° 2;A z aoi� .� zzUzLn >.5 a q a qo w C n'' m �' U o �'� �'� O OFa OF W a D o �a3 o�WU WUy o ° o ,o" -51 R. B ao azAaF aF 4. �! o W w a� ° N d 3p0FT.aH b4 T Crgn aoi x g V x rE r F x N o 0 �a 33 w axiC7 F F w v S -U° C7•� � axi F���.ad �'.3 �raniaen"pr�o PANDUIT • GENERAL www.pangensolutions.com To Whom It May Concern, Panduit and General Cable are pleased to provide the following information regarding the PanGenTM System Warranty program for your upcoming network installation. The PanGenTM System Warranty is a 25 -year standards-based performance warranty covering both components and labor to repair or replace components as noted in the certificate and Warranty Guide. This warranty provides a single point -of -contact for registrations and system issues, and is installed by participants in our Panduit Certified Installer program. They are required to have an RCDD or Panduit- approved equivalent on staff. The PanGenTM System Warranty registration requirements are as follows: 1. A signed SCS Installer Agreement at Panduit (required prior to registration) AR -C -DD nr nanduit-recognized-equivalent on staff. 3. A completed Appendix H (application for warranty). 4. Standards based test results, taken with an approved field tester and test leads. 5. As -built floor plans indicating work -area outlets and telecommunication closet(s). The PanGenTM System Warranty certificate for a registered project is issued directly to the customer, proving them with confidence and security with their newly installed structured cabling system. This program is flexible in allowing eligible adds, moves and changes to be submitted for registration either at the time of completion or at later date when the changes have accumulated. Eligible installations are warranted as follows: 1. That each registered link and/or channel will meet or exceed the performance requirements of the designated link and/or channel classification defined in the Commercial Building Telecommunications Cabling Standards listed on the warranty certificate. 2. That each registered link and/or channel will support all current and all future network applications designed to run on the designated link and/or channel classification defined in the Commercial Building Telecommunications Cabling Standards listed on the certificate. 3. That all connectivity hardware and cable used in the structured cabling system will be free of defects in material and workmanship under normal handling and use. If you have any questions, please feel free e-mail me at dmro(a-panduit.com or to contact me at (888) 506-5400 ext. 1350. Thank you for considering Panduit and General Cable for this project. Sincerely, Donna Roehl Datacomm Marketing Administrator Information is subject to change without notice �anuen-ppo PANDUIT • GENERAL www.pangensolutions.com To Whom It May Concern, Panduit and General Cable are pleased to provide the following information regarding the PanGenTM System Warranty program for your upcoming network installation. The PanGenTM System Warranty is a 25 -year standards-based performance warranty covering both components and labor to repair or replace components as noted in the certificate and Warranty Guide. This warranty provides a single point -of -contact for registrations and system issues, and is installed by participants in our Panduit Certified Installer program. They are required to have an RCDD or Panduit- approved equivalent on staff. The PanGenTM System Warranty registration requirements are as follows: 1. A signed SCS Installer Agreement at Panduit (required prior to registration) 2, A- R CDD or Panduit xecogniaed-egluvalent An staff 3. A completed Appendix H (application for warranty). 4. Standards based test results, taken with an approved field tester and test leads. 5. As -built floor plans indicating work -area outlets and telecommunication closet(s). The PanGenTM System Warranty certificate for a registered project is issued directly to the customer, proving them with confidence and security with their newly installed structured cabling system. This program is flexible in allowing eligible adds, moves and changes to be submitted for registration either at the time of completion or at later date when the changes have accumulated. Eligible installations are warranted as follows: 1. That each registered link and/or channel will meet or exceed the performance requirements of the designated link and/or channel classification defined in the Commercial Building Telecommunications Cabling Standards listed on the warranty certificate. 2. That each registered link and/or channel will support all current and all future network applications designed to run on the designated link and/or channel classification defined in the Commercial Building Telecommunications Cabling Standards listed on the certificate. 3. That all connectivity hardware and cable used in the structured cabling system will be free of defects in material and workmanship under normal handling and use. If you have any questions, please feel free e-mail me at dmro a panduit.com or to contact me at (888) 506-5400 ext. 1350. Thank you for considering Panduit and General Cable for this project. Sincerely, Donna Roehl Datacomm Marketing Administrator Information is subject to change without notice CERTIFICATION PLUSSM Panduit Warranty Guide EUPMDUITI� 25 Year Forth No. H2 -2693 Rev. B 111/07 CERTIFIGTIONFLus° wARRAMTY GULof PROGRAM OUTLINE TABLE OF CONTENTS: MATERIALS PAGE # Program Outline 2 • Table of Contents Warranty Information 3 • introduction & Installation Locations • Filing Warranty Claim Appendix A, System Warranty Documentation Requirements • Documentation requirements f o r the Warranty 4 - 5 Registration process Appendix B, Definitions • Definition of specific terms or phrases used 6-7 throughout the Certification Plus -, System Wan anty Program Appendix Commercial u g I elecommunteattons Cabling Standards • List of internationally and regionally recognized 8 standards Appendix D, System Warranty Claim Form • Blank form used for submitting a warranty claim 9 Page 2 of 9 Fm No. F12 -2693 Rev. B tnro7 CERTfPfCAMNPLUem WARRANTYGUIDE WARRANTY INFORMATION Introduction The Certification Plus"' System Warranty provides customers with the confidence and security of knowing that their cabling system will deliver the performance they expect to meet their long term networking needs. The program offers a 25 -year standards based performance warranty that applies to all registered links and/or channels in an installation. The program guarantees that these registered links and/or channels will meet minimum performance requirements as specified in the Commercial Building Telecommunications Cabling Standards, which are listed on Appendix C of this Warranty Guide. With this baseline of performance, customers are assured that their cabling system will support current and future networking applications designed to run on their cabling system. If these registered links and/or channels fail to meet the specified performance requirements, the warranty covers the repair or replacement of defective connectivity hardware and/or cable, including, the cost of the labor associated with this repair or replacement per the terms of the warranty. "' — -- n a 1 eon, a program prove es one poi o c -f onmcf f or sy stem s s ues, slurp 11 fy hig i s s ue re so lutton. For customers, the one point of contact is their original Panduit Certified Installer. Requirements of the program include verified compliance with design, installation, operation, and maintenance practices as well as test, labeling and administration procedures as specified in the Commercial Building Telecommunications Cabling Standards. These requirements help ensure that all links and/or channels will support expected performance requirements and help facilitate easy moves, adds, and changes, decreasing the customers' overall cost of ownership over time. Installation Locations The Certification Plus' System Warranty is only applicable for commercial building applications and is not is authorized for residential (personal, family or household) applications. The warranty is immediately void for any structured cabling system, which is found to be installed in a residential application. Filing Warranty Claim Use the Certification P1ussM System Warranty Claim Form (Appendix D), if you experience problems and believe the Panduit connectivity hardware and/or approved cable manufacturer's cable or Panduit branded cable are the cause. You must notify Panduit within 10 business days of the original problem. Page 3 of 9 Fom No. H2 -2693 Rev. B 1/1/07 CRR27FICATIONPLUVu WARRANTY CUME A VAWVL1All --0 A0 AGlrl 11l1A•/V/+Jr II LV{..VLrIGl •l1 l l V17 lU In order for the structured cabling system or additional links and/or channels to be eligible for warranty coverage the following documentation must be submitted by the installer to Panduit: Requirements All test reports A certified passing test report for each link and/or channel must be submitted to and received by Panduit Corp. prior to the date the warranty is issued. Each certified test report must clearly indicate: I. Date the test was conducted. 2. The designated link and/or channel performance level (i.e. Category 3, Class D, Category 5e, Class E, Category 6, Category 6A) and the link configuration (permanent link or channel). 3. A link identifier. 4. A "PASS" or "PASS" test result for the overall test requirements specified in the Commercial Building Telecommunications Cabling Standards classification. 5. The installation project name. 6. The test equipment manufacturer, test equipment model, test equipment serial number and test equipment test cord adapter part number. Any link and/or channel, which is not identified in a certified passing test report, is not covered by this warranty. Page 4 of 9 Typical format or additional explanation of information to be submitted A certified passing test report is one that has been verified by the installer. The installer's signature is his verification that the test results comply with the designated performance requirement as specified in the Commercial Building Telecommunications Cabling Standards. Each test report file submitted electronically for a proposed installation must be signed by a representative of the installation company. Test reports generated by standard field test equipment must list all necessary performance results as specified in the Commercial Building Telecommunications Cabling Standards for the designated link and/or channel performance level (i.e. Category 3, Class D, Category 5e, Class E, Category 6, Category 6A). • Electronic cony is preferred. Submission of cause delays in registration time. Hard copy results are NOT acceptable. All results must come in the field tester manufacturers' standard file format. Please contact the Panduit Warranty Department, if you are unsure of the correct file format. • Each test report must contain a clear distinct designated link or channel classification (i.e. Cat Se Permanent Link, Cat 5e Channel, Cat 6 Permanent Link, Cat 6 Channel, Cat 6A Permanent Link, Cat 6A Channel, Multimode, Singlemode). No alternate or added descriptions. An "'" (asterisk) i.e. ;Pass preceding a passing test result can be considered acceptable as long as it meets minimum compliance to the cabling standards. • Each optical fiber link test report must include both attenuation and length in order to verify compliance to the cabling standards. Optional forms provided may be used to submit reference information. Form No. 112 -2693 Rev. B 1/1/07 cERTIF7c1novpLus WARRANTY GUIDE APPENDMA - SYSTEM WARRANTYDOCUMENTATIONREOUIREMENTS Requirements All as -built floor plans • Must indicate locations and reference information for all work area outlets and all telecommunication closets. • Must indicate building address, floor number(s), and locations within the floor and directions arrows (North, South). • Must include a legend box, which shows the designated standard classification for each link and/or channel and the specific component and cable part numbers used for the link and/or channel. Reference information ,.,._,_t 9how-the designated standard _ . classification for each link and/or channel and the specific component and cable part numbers used for the link and/or channel. Note: To qualify for a Certification Plusr' System Warranty, each registered cable link and/or channel must be 100% constructed of Panduit connectivity hardware and approved cable as classified by Panduit and the approved cable manufacturer or Panduit branded cable. Must include the link identifier used to show the work area port and telecommunications closet patch panel port in the as -built submitted floor plans and the link identifier marked on each corresponding work area jack, telecommunication closet jack and /or patch panel which correspond to the particular link identifier (circuit ID) on the test report. Must indicate the identification of the building (for campuses), floor, room, outlet, and port number for the work area. For the telecommunications closet, the reference should indicate identification of the closet; patch panel, and port number on the patch panel. Page 5 of 9 Typical format or additional explanation of information to be submitted Set of final building floor prints. • Electronic copy via e-mail is preferred. CD submissions of file forms are acceptable, but may cause delays in registration time. • All work area outlets and telecommunication closets must be shown or referenced on each floor. • Designated standard classification for each link and/or channel and the specific component and cable part numbers used for the link and/or channel can be submitted as a separate attachment. Written description or spreadsheet listing reference information. • Optional forms provided may be used to submit reference information. Form No. 112-2693 Rev. B 1/1107 CERTIFICATION PL USM WARRANTY GUIDE APPENDIX B - DEFINITIONS AND TERMINOLOGY COMMERCIAL BUILDING Commercial building telecommunication wiring standards that TELECOMMUNICATIONS are used to design, install and test structured cabling systems. CABLING STANDARDS Refer to Appendix C for a complete list of standards Groups (1, 2, 3, etc.) that can be used with this program. STRUCTURED CABLING SYSTEM A group LINK A passive communication transmission path, which is composed exclusively of Panduit connectivity hardware and the approved cable manufacturer cable or Panduit branded cable and performs to the Commercial Building Telecommunications Cabling Standards. This transmission path includes copper connectivity hardware and copper cabling or optical fiber connectivity hardware and optical fiber cabling. DESIGNATED LINK AND /OR The link and/or channel category or classification defined in the CHANNEL CLASSIFICATION applicable Commercial Building Telecommunications Cabling Standards used to indicate the link and/or channel's minimum performance. A link and/or channel category or classification must be verified through a passing test report. PANDUIT CERTIFIED INSTALLER A structured cabling system installer trained by Panduit and registered in Panduit's PCI Design and Installation Company Program or Panduit approved equivalent. CONNECTIVITY HARDWARE Passive communication copper and optical fiber connectors and adapters, patch cords, modules, patch panels, cable management, mounting and other termination hardware. This does not include Panduifs non - passive components including but not limited to surface raceway, cable ties or other wiring accessories. CABLE An assembly of one or more conductors or optical fibers within an enveloping sheath, constructed so as to permit use of the conductors singly or in groups. The Commercial Building Telecommunications Cabling Standards must approve them. CUSTOMER The company, which has purchased the structured cabling system. PERMANENT LINK A horizontal link which includes cable, a telecommunication work area outlet/connector, an optional transition connection close to work area, and a single horizontal cross - connect connection in the telecommunication closet. Farm No, H2.2693 Rev. B Page 6 of 9 1/1/09 CER77FKATIONPLUSM WARRANTY GUME APPENDIX B — DEFINITIONS AND TERMINOLOGY Interconnection Telecommunications Room Switch _ Equipment Cable fanercorarectlo Refer to TWJEIA- 56&8.1 Section T4 Permanent Link 0.1 Work Area IIIIIIIIIIIIIIIIIIIIIr— Consolidation Point Desktop (optional) PC CHANNEL A horizontal link which includes cable, work area equipment cord, a telecommunication work area outlet/connector, an optional transition connection close to work area, and two cross - connect connections in the telecommunication closet. Cross - connection Telecommunications '4 Work Area Room r Patch Cord Censolldaden Polnt ' Desktop Equipment '°nab PC Cable III } — Oosa- Connealm� F CM1annel Refer W TINEW.56M.1 Sedian7.4 Form No. H2.2693 Rev. B Page 7 of 9 11107_ CER7IPIC9rIONPLUSM WARRANrr GUIDE APPENDIX C COMMERCL9L BUILDING TELECOMMUNICATIONS CABLING STANDARDS To be eligible for the system warranty the following standards must be used for the design, installation and maintenance of the structured cabling system except where authorized in writing by Panduit. North America and Other International Regions 1) TIA/EIA- 568 -B.1, Commercial Building Telecommunications Cabling Standard Part 1: General Requirements, May 2001. 2) TIA/EIA 568 -B.2, Commercial Building Telecommunications Cabling Standard Part 2: Balanced Twisted Pair Cab]ing Components, May 2001. a) TIA/EIA568- B.2 -1, Commercial Building Telecommunications Cabling Standard Part 2: Balanced Twisted Pair Cabling Components. Addendum 1 — Transmission Performance Specifications for 4 -pair 100 S2 Category 6 Cabling, June 2002. b) SP- 3- 4426- AD10 -B, draft 5.0,07/28/06 (to be published as ANSIMA/EIA- 568- B.2 -10) Commercial Building Telecommunications Cabling Standard. Part 2: Balanced Twisted Pair Cabling Components. Addendum 10 — Transmission Performance Specifications for 4 -pair 100 92 Augmented Category 6 Cabling. 3) TIA/EIA 568 -B.3, Optical Fiber Cabling Components Standard, April, 2000. 4) TIA/EIA- 569 -13, Commercial Building Standard for Telecommunications Pathways and Spaces, October,, 2004. 5) ITAIRIA -606, Arlminictration Ctanriarri fnr ('nmmc.r�o1 Talar•..*,..+.,nir atipnc tnfractn,rhvn M QnF 6) IEEE Std 802.3(tm) -2002 Part 3: Carrier sense multiple access with collision detection (CSMA /CD) access method and physical layer specifications. 7) IEEE 802.3an-2006, Part 3: Carrier Sense Multiple Access with Collision Detection (CSMA/CD) Access Method and Physical Layer Specifications. Amendment 1: Physical Layer and Management Parameters for 10 Gb /s Operation, Type lOGBASE -T. SUPPORT DOCUMENTATION 1) BICSI Telecommunications Distribution Methods Manual Note: The use of any other standards other than those listed above must be reviewed and pre- approved by Panduit. In the event that a conflict arises as to which standards group was used for the design, installation and maintenance of the structured cabling system, the Group I standards shall be the controlling standard. Fomi No. 112 -2693 Rev. B Page 8 of 9 1!1/07 CERTIFICATIONPLUSM WARRANTYGUIDE APPENDIX D --- WARRANTY CLAIM FORM Date: Registration #: Installation Date: INSTALLER Company Name: Address: Contact Name: Title: Phone: CUSTOMER Company Name: Location: Contact Name: Title: Phone: * Please attach a brief one page or less explanation of the system problem and the reason why you believe the problem is caused by Panduit connectivity hardware and/or the Approved Cable Manufacturer's cable or Panduit branded cable. Must notify Panduit within 10 business days of original problem. Mail or fax copy of completed form and explanation to: E -form is available contact warranty @panduit.com Panduit Corp. Fax #: (708) 570 -3536 17301 S. Ridgeland Avenue Tinley Park, IL 60477 USA Attn.: Warranty Program Manager Certification Plus- System Warranty Claim Form No. F12 -2693 Rev. B Page 9 of 9 1/1/07 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist Is comprised of requirements as outlined by the City of Newport Beach. Date Received: 03/02/2010 Dept. /Contact Received From: Shari Rooks Date Completed: 03/04/2010 Sent to: Shari Rooks By: Michelle Ross Company/Person required to have certificate: TekWorks GENERAL LIABILITY A. INSURANCE COMPANY: Old Republic General Insurance B. AM BEST RATING (A-: VII or greater): "A "(DI) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No $1,000,000 plus D. LIMITS (Must be $1 M or greeter): What is limit provided? $4,000,000 Umbrella E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTIONI (Confirm that loss or liability of the named insured Is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there Is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 1I. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Old Republic General Insurance B. AM BEST RATING (A-: VII or greater) "A "(IX) C. ADMITTED COMPANY (Must be Califomia Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): $ 1,000,000 plus What is limits provide.94 , $4,000,000 Umbrella E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is It included? N/A ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Old Republic General Insurance B. AM BEST RATING (A-: VII or greater): "A "(IX) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Brown & Brown Broker of record for the City of Newport Beach Date ❑ Requires approvallexception /weaver by Risk Management B &B initials Comments: Approved: Risk Management Date CERTIFICATE OF LIABILITY INSURANCE PRODUCER Risk Strategies Company 21700 Oxnard Street, Suite 870 Woodland Hills, CA 91367 INSURERS AFFORDING COVERAGE NSURED TekWorks, Inc. 13000 Gregg Street, Suite B Poway CA 92064 INSURERD: DATE (MMmomYY) THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADM POLICY NUMBER POLMYETFECTIVE POUCYEXPIRATION LIMITS A GENERALLIABILIY AlCG9590900 9/1/2909 911 /2010 EACHOCCURRENCE $ 11000,00 COMMERCIAL GENERAL UABILrIY E D.AM TO RENTED PREMISES Ea occu.nm $ 100,000 MED EXP(Any one pennon) $ 5,000 CLAIMS MADE I—,/] OCCUR PERSONAL& ADVINJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES MR PRODUCTS - COMPMP AGO $ 2,000000 POLICY ,/ PR° LOC Deductible 2,500 A �/ AUTOMOBILE LIABILITY ANY AUTO AlCA95990900 9/1/2009 9/112010 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per acddanQ $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per ecddent) S GARAGE UABILIIY AUTO ONLY -EA ACCIDENT $ THAN EA ACC $ ANY AUTO $ AUTO ONLY: AUTO O AGG B EXCESS/ UMBRELLA LIABILITY OCCUR CLAIMS MADE BE044157869 9/112009 9/1/2010 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,00 $ $ DEDUCTIBLE $ RETENTION $ A WORKERS CCUPENSATION YIN ANY PROPRIETORIPARTNERI ECUTNE❑ OFFICERIMEMBER EXCLUDEDT AICW95990900 911/2009 9/1/2009 911/2010 9/1 /2010 WCSTATD O ER E.L EACH ACCIDENT $ 1000000 E.L. DISEASE-EA EMPLOYEE $ 0 (Mandatory In INK) Des, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER C Professional Liability HCO9509213 911/2009 911/2010 $1,000,000 Per Claim $1,000,000 Aggregate Limit $15,000 Deductible DESCRIPTION OF OPERARCNS I LOCATIONS I VEHICLES l EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of New Port Beach, Its elected or appointed officers, officials employees, agents and volunteers are included as additional Insureds as respects to General Liability and Auto Liability, but only with respects to the negligent acts, errors or omissions of the named insured. Policies extend primary wording. Policies extend waiver of subrogaflon in favor of The City of New Port Beach, its elected or appointed officers, officials, employees, agents and volunteers. City of New Port Beach Public Works Specialist 3300 Newport Boulevard Newport Beach CA 92663 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3W DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OeUGATON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR RFORFtFNTeYNFC. •10 Devn for NOrWarmenl of PremWm. (BSTN) Mike Christian W6V tJ&-*, AWKLJ ZO tZUtRUU1) Q 1988 -2009 ACORD CORPORATION. All rights reserved. MY NO.: 6818435 (WEALS) Brea= Haberman 2/18/1010 3:57:25 W Page 1 of a IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. MRT Ho.: 9878435 MHS ) BMano Haberman 2/lfl(1010 3:59:25 W Page 2 of 6 OLD REPUBLIC GENERAL INSURANCE CORPORATION TM END q1 CiYJIFSE "POLICY. PLEAS@ REM) IT CARERA.LY. Rom a(AdManol lrml Pam 4* ar Ci% Pubof New Port Beath tic Works Specialist LAmd0 A W 0pW &vq w Aa MW*W bywrlMn mnVs t kdbmw9on ra*Afud to umplab Poe gdwdeb, S nol ft m abaw, vmM be aaean In Sa Oadrstlonm. The knumnas provMW by Yt andoramwo b vAnrykaurrae arrd as vM ral a"am**u0Om tram ury oriar klsrdetga al • !'ca kkrd eraeabb b the paean v aryaretesan Aaron h YIa edredWo show wilm Ift aSkx knwnanee b praeklad bye eonbaear afar Ihen sa person orwWW9ar shown In tfw ONladrda tbora Ior Mu stma opvaYon erM fob beepwr. V as wm wE dm= W QS tAt atW kamranoe by M madadda =2W b paragraph a.a. of Seceon N- Carmnmdd l vmw L*bft GarrA , AN aRwr brag sad Ift, fems h hares ed. / r URT W.: 9978435 IM0B ) BmaeO H bee 2/28/1010 3:57:25 GM Page 2 of 8 2/18/2010 TekWorks, Inc. POLICY NWASM AtCG9590900 2r18f2010 CONMBRCULL GEM9RAL LIASUM CG 24 041e 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US IM umbf9ernelt modules thsumme pmvkW under the Mm to COMMERCIAL OENMAL LM KM COVERAGE PART Name of Person at Organbadow. SCH€M" City of New Port Beach Public Works Specialist 3300 Newport Boulevard Newport Beach CA 92663 (N noer�try appeare above, tdarmellon regAvd to complete gds endoreernart ofd the shown In the Declarations as eppi table th tlhis andoresment.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US CoWtIon (Section IV — COMMER. CAL, GENERAL LIAIMLTY CONDMO JS) is smanded by the addlton of the foiokft: We wake any of rewvary we may have spInst the parson or wilarmaton *mm M the va e Srne" eb because of psymerds we Hoke for Ir jury or d mmge arising out of your ongoing opmdom or "your woW done order a wrdmd %ft that person or orgadzalian and hhchrdad in the `produds- ownpbted operettone hazee. This waker eppliea haCy to the pmm or argarkallon shown in the schedule ebme. CG 24 0410 93 CopyrigAL Insurance Senkea ORrea. km., 1992 Pose 1 of 1 O MT NO.: 6875435 QN ) 8z&M i ei 2/38/2030 3:51:35 PM Page 4 of 8 OLD REPUBLIC GENERAL INSURANCE CORPORATION ADOITKWAL WBURANCE WHERE REQUIREO UNDER CONTRACT OR AGREUVENT TMS 84DOMMM CHANGES IM POLICY. PLEASE READ tT CAREFULLY. THt8 ovoRsEmENr MOOIFbis watowiOE FADED UNPEA 7W FOLLOWM ®UMESS AUTO OOWAAGE FORM The b4m*j k addod M Beckn W— Udit Cwsm e. A.— Coves& i. WM b An kn)asb: d. ArypMmorwg&U M to M&M you bwom aOkAWbNcWeasan addWWW Yautsd Wkder to posq, as s rs" d mty Q~ or agroearerd you ardat tab wdddt rda . bA w WW Mo ed to Wetly en*+9 a yourop8M§uW W � ow WAbyorrentadatyou. Htjw m. tokaaaxxeWwAdedw0 ro mooed psrksasrot d. Vie oowapaatbubadltk VOW, or 2. The wveraga or *ft mq*W by aald oonareat ors Wesn rd. ,'/'6 64-&� 2/1812010 SBN ATIVE TE CA EN ON OND 00 Ds CMT NO.: 6878435 (NONLS) Brea= 9abES9vn 2/18/2010 3:57:25 W Page 5 of 8 z /18/2010 TekWorks, Inc. POLICYWJUBER: AlCG9590900 COWMMAL GENERAL LtAedm CO 20" 07 84 TM ENDORSEMENT CHARM THE POLICY. PLEMIE READ IT CAftUMLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION That ertaorsomrsa moles irmuranpe provided under the lotkrrMg: C!)MERCIAL GENERAL LIAMUTY COYMAGE PART SCHEDVLE NaMOlAdAlMMMZQFi raea{s Dr Lac orcovsred Ci of New Port Beac tlil0 Yr10i alaAert lfne A_ Seagan tt —wow k An frrevraa is amended to match assn a arm) lruaured the peraon(s) or argardralfon(a) Nwm In the Solmuff, bur orgy with respeot to xaeliltr W Vo* irywy'.'F"efty damage or Pwswel and advarlek)g IrW cowed, h witota or In Part: by: 1. Yaw ads or omismolm or 2 The acts cc om%vkm of #me acting oh your b. In the performance of ymr onpft operations Ow the oddd orml btstg4l) at the toceN*s) dealgrwtad above. B. with raped m the btstmoo afforded to arose edditionof rrmaeals, du bloAv addiftnef exckmwnsSoy. This ewumme does not apply to 'bodily i%W ar'pmpory damatie" occua ft sites 1. AN work, Mdudt mabtials, i>arls or eq prMA fum" In connection YM such wady, on IM project (other than m%&G, matntenanco or repairs) to be poltomled by or an behalf of to oahortat inwred(a) el the tucatton tithe covered o wsdatm has bm ftwoeted: or 2 That pAm af'yow work' as of which the b4uey or dwwao arises has bwa put to Its Worded to by sty person or orgamiratian am than a wow o"reclor or arbMtknow engaged In psrtomAng operoilom for a pdrrcipal as a part of Re memo prujed CS201ad704 fD 00 pmPerdee, Ina. 2064 CMT M.: 6878435 (MHU) Hmarm Hoeasuan 2/16 /3010 3:57:35 FM Page 6 of 8 OLD REPUBLIC OENERAL INSURANCE CORPORATION WArVER OF TRANSFER OF MOWS OF RECOVERY AGA NST OTHERS TO US THIS END0PJ MENr CHANGES 711E POUCY, PLEASE iMAO R CAFM", .Y. 'MU ENr ORUMEW MOURES *MKAA M PROVIDED WWR THE FOLLOWFNfi: 5MM&S AtrrO COVERAGE FORM The bk#*q b added a Salim IV -6usi Aldo Cwvft o. Av -tares Cmt1MaM. g.- Tnnefer Ot F4" Of PAwmry Ag" Olma bM* Hoewv.t, We *a valve mry dgkt of 0mverywe have sawrm any parwn ar wwt ream **v#Om you hwaantwoChroa pftYmMweffwM lw a *6 cm0rage Fmm wmv .d W an mwoe ar'wae' it (1) The^ scddanCar low taduatoapOraYOwundarOSiaen6 ,.osetwoewith. M tbn aankaet ad*v bomm yos and oxil prasm or argmkdm: erd p) The Omer.d w agr*Mma was enbred kvb prat to mw %=Wenr a gear.' NowWvorofMdghtofrwvwywM mI sp*bywom *error a/ No patem of argardaeam. and we r www Our IV* Of ten Is be rehAkased far sqy y Ands OWnd by eny k*nd ,6 `r'"'& 2/18/2010 A RtZC6 POW-10MM OA CA EN ON W21 09 ar =T NO.: 6878435 (N S) Bream SObe[ m 2/18/2810 3:57:25 PM Page 7 Of 8 OW RE.PU @LAC GENERAL INSURANCE CORPORATM WMAR OF OM NGHT 70 RECOVER FROM 01rt RS RNOOPRIMEW n4SMa WEMENTCSO*WTWE4t1k" PLEASE REROfTCAMBFULLY. WOFMRS' COMPENSATION MM EU"YERT LIAMMY INSC40NtCE we have ara dl$d trs nxovar act payrnarsu frmn enya3a a�ada br enk�uy capered Cp 4#spaRc3r. +AIa aAil reterilyrce aw rw apkrat ON Dawn or aaaerasason nomad b are Bobs w Ttds wo b on Odom a,at you pw*m work wdsr a wAasn Densest am you b *mom ft spemew km 0& YNX apraamerA"FM Wmata MVUVj ar §WW* to bwAM ar"M rmd neMW In he 3a "IW. "N REOUDWID BY M7ti1M CONTRACT 7b&Dremhsadwfya#6tal wWmm mih Som 1 1 WO DD 09 is law) MRT Ml.: 6618435 �R L6) area= aobav 2/18/2010 3:9:35 PM Page 8 of 8