HomeMy WebLinkAbout409094 WIDEBAND COMMUNICATIONS - CONTRACT - CONTRACT - 7700967SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and Wideband Communications, Inc., hereinafter referred to as "Service
Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence upon signing, and shall continue
in full force and effect until December 31, 2007, unless sooner terminated as herein provided.
3. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in•said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
City:
City of Fort Collins
Attn: Purchasing
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Service Provider:
Wideband Communications
8200 S. Akron St #111
EXHIBIT B
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employers Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
SA 09/01/06
0 Y4:
W11 J'
tr0MMUNICAT10N5
Bill To
Ft. Collins Police Department
300 LaPorte Ave
Ft. Collins CO 80522
8200 S. Akron St.
Suite I I 1
Centennial CO 80112
Ship To
Ft. Collins Police Department
300 LaPorte Ave
Ft. Collins CO 80522
Invoice
Date
Invoice #
2/8/2007
4121
P.O. No.
Terms
Due Date
Job #
Net 30
3/10/2007
BDA-07-015-FtColli...
Item
Quantity
Description
Rate
Amount
2000-MINI-ENC
6
Remote Cabinet AC Power
963.90
5,783.40
2000-CELL-PCS
4
Dual band ceIVPCS I port
2,592.00
10,368.00
2000-SMR-iDEN
4
Dual band SMR/iDEN 1 port
2,592.00
10,368.00
MA850
6
850 WLAN module supporting 1-4 AP 802.11 a/b/g
2,313.00
13,878.00
WB-8U
2
ModuLite M138, 8 port
6,957.00
13 ,914.00
RIU-fM
2
Interface module per Base Unit Type
2,250.00
4,500.00
RIU-BTSC-CELL
I
BTS Conditioner for Cellular 800MHz.
765.00
765.00
RIU-BTSC-PCS
I
BTS Conditioner for PCS 1900 MHz
765.00
765.00
RIU-BTSC-SMR
I
BTS Conditioner for iDEN $00 MHz
765.00
765.00
RIU-BTSC-IDEN
1
BTS Conditioner for iDEN 800 MHz
765.00
765.00
CELLMAX-0-25
24
OmniDirectional Indoor Antenna 800-960/1710-2500
40.91833
982.04
MHz
Service
I
System design and engineering
3,000.00
3,000.00
Thank you for your business.
Subtotal $65,853.44
Sales Tax (4.1%) $0.00
Total $65,853.44
Balance Due $65,853.44
Phone #
Fax #
E-mail
Web Site
303-300-9539
303-329-9460
conniec@widebandcommunications.com
www.widebandcommunications.com
PO Box 580 Denver, CO 80112
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
5. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting
of three (3) pages, and incorporated herein by this reference.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement. All requests concerning
this agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
8. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any
of the services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this Agreement.
SA 09/01 /06 2
10. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any worts shall be new and, where not specified, of the
most suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment
and labor, against defects and nonconformances in design, materials and
workmanship/workwomanship for a period beginning with the start of the
work and ending twelve (12) months from and after final acceptance under
the Agreement, regardless whether the same were furnished or performed
by Service Provider or by any of its subcontractors of any tier. Upon receipt
of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by
Service Provider in a manner and at a time acceptable to City.
11. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default thereof.
12. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because
of the default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
SA 09/01/06 . 3
representatives, successors and assigns of said parties.
14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save
harmless the City, its officers, agents and employees against and from any and all actions, suits,
claims, demands or liability of any character whatsoever brought or asserted for injuries to or death
of any person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured under this
Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page,
attached hereto and incorporated herein by this reference. The Service Provider. before
commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk
Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the
insurance coverage required from an insurance company acceptable to the City.
15. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held Invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said work.
Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
SA 09/01/06 4
A. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification program created in Public Law 208, 104th
Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the "Basic Pilot Program") in order to verify that
Contractor does not employ any illegal aliens.
B. Contractor shall not knowingly employ or contract with an illegal alien to
perform works under this Agreement or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this
Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until
Contractor is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Basic Pilot Program is discontinued.
D. Contractor is prohibited from using Basic Pilot Program procedures to
undertake pre -employment screening of job applicants while this Agreement is
being performed.
E. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall:
1. Notify such subcontractor and the City within three days that Contractor
has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor
does not cease employing or contracting with the illegal alien; except that
Contractor shall not terminate the contract with the subcontractor if during
such three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal
alien.
F. Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course
of an investigation that the Department undertakes or is undertaking pursuant
to the authority established in Subsection 8-17.5-102 (5), C.R.S.
G. If Contractor violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
SA 09/01/06
Agreement. If this Agreement is so terminated, Contractor shall be liable for
actual and consequential damages to the City arising out of Contractor's
violation of Subsection 8-17.5-102, C.R.S.
H. The City will notify the Office of the Secretary of State if Contractor violates
this provision of this Agreement and the City terminates the Agreement for
such breach.
CITY OF FORT COLLINS, COLORADO
a municipal corporation B : Ryx"f
Ja s O'Neill II, CPPO, FNIGP
Dire to of Purchasing and Risk Management
Date: d'8-i )q
Wideband Communications, Inc.
By: z�z
M1ee A-1nZZ-1--
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: �24-D---7-
A (Corporate Seal)
CORPORWrE C ETARY
SA 09/01/06 6
EXHIBIT A
W1=>E
C O M M U t V t
G A -i
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r n" O"" 0 W- 9 Q L.
b r I p N 6
r o b^ v
Mary Moore
Technical Services Manager
information Services
Ft. Collins Palim Department
300 LaPorte Avenue
Ft. Collins, CO 90522
Dear Ms. Moore,
8200 S. Akron St. Suite 111
Denver, CO. 80112
Ph. 303-300-9539 Fax 303-329-9460
Tot! Free 8*721-0064
www.widebandeomtnunkatkxu.00m
OV09/06
' ;,i, i. 'i-,_.► (d. 1ty �.t, .__ 1 1" i li,'. ..: Li,iij_v � a,i�• 11!-11.
Thank you for allowing Wideband Coons the opportunity to provide you with your m-building coverage
solutions. We have Wm a cusionaer first approach and have dmWgd with your futaue needs in mind, sW fycally rho
incorporation of 700M U equipment. This is a mgjor cost savings drat W eband Camumaimdome has taken in to actosmt
m dus proposal. As such, what the 7WK& frequency band is available to the Ft. Collins Patice Despartmmt for use, the
in-ladkdotg system would require minimal coat and equipment to upgrade.
Wideband Communications can design, isaag M and optimize in building amWwation systems regardless of sins or
complexity. Our solution a the Mobile Access Product Family features a modider, chassis -based solution that supports
multiple wireless data and voice services within the on building or campus on a single broadband inf mtrucaue. This
"Wine It Ome" capability enables you to firt» prod the udastruoture for convagad wireless services that are available
today (Cellular, PCS, SMR, DEN, W-LAN, Telemetry etc.), as well as those emerging tomorrow. The Mobile Access
Networks system allows for a low entry coat because all services use a common set of chassis, cables, and antennas. And
with the Win It Once feature, new spplicadoma and bandwidth upgrades are accommodated simply and affordably with
card swaps and without service disruption; but'ldmU never have to be rattrirad for new wireless services.
We have also extended to you a 10% discount from the fist price of all Mobile Acme Networks egaone tt. Once again,
thank you for do opportunity to quote this preload. Please contact me if you have any questions or concerns regarding this
cNft-
Sujw" Ranssinghe
Director - Operations
Wideband Conamwicativns, Ito
9200 S. Akron Street, Suite 111
Centennial, CO 90112
303-300-9539 (0)
303-39"045 (M)
ss4 tloband.com
p 8M S. Akron St. Suite l I l
O.
W 1 EB O r Ph. 303-300-9539 Faxv 303 32 80162
C O M M U Im I C A T I O N S Toll Free 866-721-0064
r o M o n n o w- c 0 o I" r, o ,., s r 0 a. v www.wk[ebandeormnunication.i.com
QUOTE
Mobb Access Networks ModtAer Remote C *M -AC Power 2000-MINI-ENC
20004AINI-ENC
6
S M.90
li
S.M.40
Mobb Access NOW10; Duel bend COWPC81 port 20WCELL-PCB
2000CELL-PCS
4
$2,502.00
$
10.305.00
Moble Acom Nebwrks Dial bond SMRADEN 1 pan 200"MR40EN
2000-SMR4DEN
4
$ 2M.00
S
10,=.00
MalAs Awssa Nebeotlo tt50 WIAN w hil suppaenp 1-4 AP a02.11&Wg
MA S0
6
S 2.313A0
S
13,670A0
Mobb Aocees Nadwlls ModuLlo Be" Modulo MSS ,6 pon
W&dU
2
$ 8.961.00
$
13,04.00
Mo*s Access NAwab lras I P Medulla per Bese Unit Type
RWIM
2
$2250.00
$
400DO
Moblb Access NeMiwla 6rS Conditioner for Cellular S00MHz
RIU-STSCCELL
1
$ 705.00
$
785.00
Maori Access Natwadl/ STS ComllWw for PCS 1900MHz
RIU43TSC-PC8
1
$ 765A0
$
705.00
Mobb Access Nessala UM Caa*Jww for MR 700MHz
RPJ4n SC-SMR
1
$ M.00
S
765.00
MdAa Aoows Nalw 1a; STS CaWNoner for IOEN S00MHz
RIU-VTSC40EN
i
$ 705.00
S
M.00
Mdit Acow Nalimoft Load AM= Comorler 10DW
LPS-4SV-i D
13
$ 120.00
S
1.838.00
MdA* Access Ndsarks NMS 430 Nelwork Conbo1w-EMnwtAP Inled6ce
W8 430
i
$ 4,5WM
$
4,500.00
Dalminit POS Block T BOA. 00 Gain, 1 W
MWBDAPCSE1 W65
1
43.038.75
$
3,036.7E
CA& Spsokow Cdkdw S Sand SDN1. Two 0*1.1 W
CBI-9DA51075ce
1
$2.760.80
S
2,71111.80
TXRX014p84"12-XX700MHz 764-7MYW-0OBMHz, 80dBGab
St463B•50•A124M
1
56,5W.00
$
8.550.00
TXRX 014Il1A-S 034%SW MHt 621.6241005-S80 Mils, 80 dB Oath
614WA-6D A03%V
1
$8,Bt10.00
S
SMAO
AnO wCarpaa9on NORP4511A I T Cow cahN, Plenum
HL4RP-W
3000
S 3.00
$
9,234A0
AmwewCwpot.6at LDF4430A 1fY Coax Ableroom d olechk
LOF440A
aw
It 2.12
$
101.70
AndtewCanedon. NAIAals
L4PNMAC
64
$ 21,84
$
1164.99
Andn wllWw Anio nes. oWft "ount, a08-25WMHz, Omni
CEUAW-0.25
24
$ 4DA2
$
962.04
12-BkalW, PMnu Zipeard. SC Angled - SC AnpIW, Plenum, w/o Pulkp Sheath
SMF-I2-PL
1200
$ 0.80
$
956.80
CekdwSpedseesCSMYRl0tii60N1110YA ILa0ti eowz
CSW1Y/a0ti.080t11
2
S 95A7
S
11110A4
CwhoutlCorwall n PCIS513N 1a50.1990MHz,1300oln
P018513H
1
$ 130.72
$
180.72
Ajo"DedIMDS406.P8748-0Ot oMalloWAYapt
05498•P8
1
$ 58725
S
58725
Poyplrsor ROT DC -14 OHz Gas Capsule l.%#**p Proladw
ROT
4
S 70.69
$
282.74
ROHNWRooNopTdpodMoum
85132
4
S 10125
$
405A0
RG142N-MaINN-Ferrle7a=ionVm
R0142-NM•NF
24
S 27,w
S
648.00
R0142 N-M@WN-Male Y oant Jumpers
R0142-NM-NM
a
S 27A0
$
216.00
50 ohm RF Loads
2-"FN-M
32
S 18.08
$
540A0
Shipft i HwKM 10
SHIP
1
S 1,a00100
$
1.Bw.00
Told -115*0rrwd i Ancillary) Matarlal
$
109.368.15
NOTICE OF PROPRIETARY INFORMATION
This dwmuent contains highly privileged and cmfldential ft ormation for the engineering and design work associated for this
project betwen Wideband Communications and the customer acknowledged in this Statement of Work Wide band Com mumeadam
prides itself an enginee?ft design and consulting for our clients and therefore this document may not be copied or shared ;/'for
any reason this document is copied, used or shared with others without the expressed written eomsent of Wideband Communications,
the customer my be held liable and charged an additional fee for all accrued engineering, design and consultation expenditures
I
A leading provider of sales, service and solutions in the communications and security sector. Initial
Q $200 S. Akron St. Suite 111
W11:>EB Denver, -80112
Ph. 303-300-9539 Fax 303329.9460
C 0 M M U N i e= Ak T i p r4 S 'Call Free 866-721-0064
r a M o n n a w- o s o I u I, o N a r o a w v www.widebandoommunicatkxis.e oni
Notes, Comments and Caveats
• This bid is based upon tacks and materials listed above only. Any additional labor or material requests not mentioned above will
be considered above and beyond this statement of work.
• This bid is based upon free and clear seem and assumes all conduits and pathways are free sad clear without obstruction.
• Any standby time or downtime caused by the Customer, General Contractor or its Facilities and at no fault of Wideband
Communications is subject to additional billed labor hours over and above this statement of work.
• No coring, drilling, roof penetrations, conduit, win molding, paver poles or sleeves are included in this statement of work
unless stated above. These items are considered non-standard and unless recognized above may be considered additional.
• This bid uses Standard Labor Rate Charsess which are based upon (non Hulot / tim-Prevailing Wage) Labor Rates, for normal
btsinaas hours and days of 8.00 am to 5:00 pm (M F) except weekatds and or holidays.
• Premium Labor Rate Charges we billed at1 5 timaa the Standard Labor Rate. (Premium Labor Rate Charges could or may apply
at all labor hares expended after completion of an 8.0-hour day, Saturdays and any out of normal business hours of 8 00 am to
5:00 pm (M-F).
• Double -Time Labor Rats Cheraw am billed at 2.0 times the Standard Labor Rate. (Double -Time Labor Rate Charges" could or
may apply on all labor hours expended of a Sunday or a Holiday.)
• Any non -disclosed requirements for mandatary labor rate adjustments such as Union Labor Laws or Prevailing Wage
requirements that were not disclosed or recognized during the preparation of this statement of work are subject to change. (The
customer will be made aware of any such changes in advance).
• No changes to the original scope of work will be processed or administered without the expressed written consent of the
customer sad Widebsad Communications.
• This bid is based upon standard caging height and type of 8-ft with lift out / drop the calling. Lock tile, hard -lid, high ceilings
or open warehouse ceilings requiring Scissor Lifts will be considered non-standard.
• Scissor lift an considered non, standard and unless noted above additional charges may apply over and above this sWcorie nt of
work. (The customer will be made aware of any rich changes in advance).
• Customer to provide all parking requirements at the facility. ff not, all parking fees will be billed back to the customer
addidoruilly over and above this protest
• Any City, County or State "low voltoge permits" required will be administered and obtained by Wideband Communications.
However any associated costs for these permit fees will be the sole re sponu'bility and paid for additionally by the customer. Since
every city "their own pricing standards for these fears it is impossible to calculate and standardize on a single price for permit
fee. The customer will be given the receipt for payment of any such fen upon completion of the project. All fees will be billed at
cost, over and above this statement of work.
A leading provider of sales, service and solutions in the communications •red security sector. luidai