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Point to Point Microwave Link - Verizon Monopole to Park District VILLAGE OF OAK BROOK CONTRACT FOR THE POINT TO POINT MICROWAVE LINK—VERIZON MONOPOLE TO PARK DISTRICT Full Name of Contractor: Critical Technology Solutions, Inc. ("Contractor'') Principal Office Address: 1247 Warren Avenue, Downers Grove,Illinois 60515 Contact Person:Donald Peters Telephone Number: (630) 737-1092 TO: Village of Oak Brook("Village") 1200 Oak Brook Road Oak Brook, Illinois Attention:Jim Fox, Information Technology Director Contractor warrants and represents that Contractor has carefully examined the Work Site described below and has reviewed and understood all documents included, referred to,or mentioned in this bound set of documents. 1. Work A. Contract and Work. Contractor acknowledges, and agrees, that Contractor shall, at its sole cost and 5. Miscellaneous. Do all other things required expense, provide, perform, and complete, in the manner of Contractor by this Contract;and specified and described, and upon the terms and conditions set forth, in this Contract, all of the following, 6. Quality. Provide, perform, and complete all all of which is herein referred to as the"Work": of the foregoing in a proper and workmanlike manner, consistent with the standards of 1. Labor, Equipment, Materials, and Supplies. recognized professional firms in performing Provide, perform, and complete, in the Work of a similar nature, in full compliance manner specified and described in this with, and as required by or pursuant, to this Contract, all necessary work, labor, services, Contract, and with the greatest economy, transportation, equipment, materials, efficiency, and expedition consistent supplies, information, data, and other means therewith, with only new, undamaged, and and items necessary for the Point to Point first quality equipment, materials, and Microwave Link—Verizon Monopole to Park supplies. District, as specified in Exhibit A attached hereto, at 1200 Oak Brook Road, Oak Brook, B. Performance Standards. Contractor Illinois 60523 ("Work Site"); acknowledges and agrees that all Work shall be fully provided, performed, and completed in accordance with 2. Permits. The Village will furnish all the estimate dated October 28, 2019, attached hereto as permits, licenses, and other governmental Exhibit A. approvals and authorizations necessary in connection therewith; C. Responsibility for Damage or Loss. Contractor proposes, and agrees, that Contractor shall be 3. Insurance. Procure and furnish insurance responsible and liable for, and shall promptly and certificates specified in this Contract; without charge to Village repair or replace, any damage done to, and any loss or injury suffered by, the Village, 4. Taxes. Pay all applicable federal, state, and the Work, the Work Site, or other property or persons as local taxes; a result of the Work. 1 D. Inspection/Testing/Rejection. Village shall have All payments may be subject to deduction or the right to inspect all or any part of the Work and to setoff by reason of any failure of Contractor to reject all or any part of the Work that is, in Village's sole perform under this Contract. Each payment judgment, defective or damaged or that in any way fails shall include Contractor's certification of the to conform strictly to the requirements of this Contract value of, and partial or final waivers of lien and the Village, without limiting its other rights or covering, all Work for which payment is then remedies, may require correction or replacement at requested and Contractor's certification that all Contractor's cost, perform or have performed all Work prior payments have been properly applied to necessary to complete or correct all or any part of the the payment or reimbursement of the costs with Work that is defective, damaged, or nonconforming and respect to which they were paid. charge Contractor with any excess cost incurred thereby, or cancel all or any part of any order or this Contract. 3. Contract Time Work so rejected may be returned or held at Contractor's expense and risk. Contractor acknowledges and agrees that Contractor shall commence the Work within 15 days (weather 2. Contract Price permitting) following the Village's acceptance of this Contract provided Contractor shall have furnished to the Contractor acknowledges and agrees that Contractor Village all bonds and all insurance certificates specified shall take in full payment for all Work and other matters in this Contract ("Commencement Date"). Contractor set forth under Section 1 above, including overhead and further acknowledges and agrees that Contractor shall profit; taxes, contributions, and premiums; and perform the Work diligently and continuously and shall compensation to all subcontractors and suppliers, the complete the Work not later than December 31, 2019 compensation set forth below. ("Time of Performance"). The Village may modify the Time of Performance at any time upon 15 days prior A. SCHEDULE OF PRICES written notice to the Contractor. Delays caused by the Village shall extend the Time of Performance; provided, For providing, performing, and completing all however, that Contractor shall be responsible for Work,the total Contract Price of$18,294.00 completion of all Work within the Time of Performance, notwithstanding any strike or other work stoppage by TOTAL CONTRACT PRICE (in writing): employees of either Contractor or of the Village. Eighteen Thousand Two Hundred and Ninety- 4. Financial Assurance Four Dollars Only A. Insurance. Contractor acknowledges and agrees B. BASIS FOR DETERMINING PRICES that Contractor shall provide certificates of insurance evidencing the minimum insurance coverages and limits It is expressly understood and agreed that: set forth in Exhibit B within 10 days following the Village's acceptance of this Contract. Such policies shall 1. All prices stated in the Schedule of Prices be in form, and from companies, acceptable to the are firm and shall not be subject to Village. The insurance coverages and limits set forth escalation or change; Exhibit B shall be deemed to be minimum coverages and limits and shall not be construed in any way as a 2. The Village is not subject to state or local limitation on Contractor's duty to carry adequate sales, use, and excise taxes, that no such insurance or on Contractor's liability for losses or taxes are included in the Schedule of Prices, damages under this Contract. The minimum insurance and that all claim or right to claim any coverages and limits that shall be maintained at all additional compensation by reason of the times while providing, performing, or completing the payment of any such tax is hereby waived Work are as set forth in Exhibit B. and released; 3. All other applicable federal, state, and local B. Indemnification. Contractor acknowledges and taxes of every kind and nature applicable to agrees that Contractor shall indemnify and save the Work are included in the Schedule of harmless the Village its officers, officials, employees and Prices. volunteers, against all damages, liability, claims, losses, and expenses(including attorneys'fee)that may arise,or C. TIME OF PAYMENT be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the It is expressly understood and agreed that final Work or any part thereof, or any failure to meet the payment shall be made upon completion of the representations and warranties set forth in Section 6 of work and final approval by the Village. this Contract. 2 D. Penalties. Contractor acknowledges and agrees D. Qualified. Contractor has the requisite that Contractor shall be solely liable for any fines or civil experience, ability, capital, facilities, plant, organization, penalties that are imposed by any governmental or and staff to enable Contractor to perform the Work quasi-governmental agency or body that may arise, or be successfully and promptly and to commence and alleged to have arisen, out of or in connection with complete the Work within the Contract Price and Contractor's performance of, or failure to perform, the Contract Time set forth above. Work or any part thereof. 7. Acknowledgements 5. Firm Proposal In submitting this Contract, Contractor All prices and other terms stated in this Contract are acknowledges and agrees that: firm and shall not be subject to withdrawal, escalation, or change. A. Reliance. The Village is relying on all warranties, representations, and statements made by 6. Contractor's Representations and Warranties Contractor in this Contract. In order to induce the Village to accept this Contract, B. Acceptance. If this Contract is accepted, Contractor hereby represents and warrants as follows: Contractor shall be bound by each and every term, condition, or provision contained in this Contract. A. The Work. The Work, and all of its components, shall strictly conform to the requirements of this C. Remedies. Each of the rights and remedies Contract, including, without limitation, the performance reserved to the Village in this Contract shall be standards set forth in Subsection 1B of this Contract; cumulative and additional to any other or further and shall be fit, sufficient, and suitable for the purposes remedies provided in law or equity or in this Contract. expressed in, or reasonably inferred from, this Contract and the warranties expressed herein shall be in addition D. Time. Time is of the essence in the performance to any other warranties expressed or implied by law, of all terms and provisions of this Contract and, except which are hereby reserved unto the Village. where stated otherwise references in this Contract to days shall be construed to refer to calendar days and B. Compliance with Laws. The Work, and all of its time. components, shall be provided,performed, and completed in compliance with, and Contractor agrees to be bound E. No Waiver. No examination, inspection, by, all applicable federal, state, and local laws, orders, investigation, test, measurement, review, determination, rules, and regulations, as they may be modified or decision, certificate, or approval by the Village, whether amended from time to time, including without limitation, before or after the Village's acceptance of this Contract; if applicable, the Prevailing Wage Act, 820 ILCS nor any information or data supplied by the Village, 130/0.01 et seg.; any other prevailing wage laws; any whether before or after the Village's acceptance of this statutes requiring preference to laborers of specified Contract; nor any order by the Village for the payment of classes; any statutes prohibiting discrimination because money; nor any payment for, or use, possession, or of, or requiring affirmative action based on, race, creed, acceptance of, the whole or any part of the Work by the color, national origin, age, sex, or other prohibited Village; nor any extension of time granted by the Village; classification; and any statutes regarding safety or the nor any delay by the Village in exercising any right performance of the Work. Further, Contractor shall under this Contract; nor any other act or omission of the have a written sexual harassment policy in compliance Village shall constitute or be deemed to be an acceptance with Section 2-105 of the Illinois Human Rights Act of any defective, damaged, or nonconforming Work, nor during the course of the work. operate to waive or otherwise diminish the effect of any representation or warranty made by Contractor; or of C. Not Barred. Contractor is not barred by law any requirement or provision of this Contract; or of any from contracting with the Village or with any other unit remedy,power, or right of the Village. of state or local government as a result of (i) a delinquency in the payment of any tax administered by F. Severability. It is hereby expressed to be the the Illinois Department of Revenue unless Contractor is intent of the parties to this Contract that should any contesting, in accordance with the procedures provision, covenant, agreement, or portion of this established by the appropriate Revenue Act, its liability Contract or its application to any Person or property be for the tax or the amount of tax, as set forth in 65 ILCS held invalid by a court of competent jurisdiction, the 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or remaining provisions of this Contract and the validity, Section 33E-4 of Article 33 of the Criminal Code of 1961, enforceability, and application to any Person or property 720 ILCS 5/33E-1 et seg. shall not be impaired thereby, but the remaining provisions shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent 3 of this Contract to the greatest extent permitted by Department of Labor and his or hers deputies and applicable law. agents; and (ii) at all reasonable hours at a location within this State. G. Amendments and Modifications. No amendment or modification to this Contract shall be effective until it K. Conflicts of Interest. Contractor represents and is reduced to writing and approved and executed by the certifies that, to the best of its knowledge, (1) no elected corporate authorities of the parties in accordance with all or appointed Village official, officer, employee, or agent applicable statutory procedures. has a personal financial interest in the business of the Contractor or in this Agreement, or has personally H. Assignment. Neither this Contract, nor any received payment or other consideration for this interest herein, shall be assigned or subcontracted, in Agreement; (2)as of the date of this Agreement, neither whole or in part, by Contractor except upon the prior Contractor nor any person employed or associated with written consent of the Village. Contractor has any interest that would conflict in any manner or degree with the performance of the I. Governing Law: Venue. This Contract shall be obligations under this Agreement; and (3) neither governed by, construed and enforced in accordance with Contractor nor any person employed by or associated the internal laws, but not the conflicts of laws rules, of with Contractor shall at any time during the term of this the State of Illinois. Venue for any action arising out of Agreement obtain or acquire any interest that would or due to this Contract shall be in the Circuit Court for conflict in any manner or degree with the performance of DuPage County,Illinois. the obligations under this Agreement. J. Certified Payrolls. Contractor shall, in L. Exhibits and Other Agreements. If any conflict exists accordance with Section 5 of the Illinois Prevailing Wage between this Agreement and any exhibit attached hereto Act, 820 ILCS 130/5, submit to the Village, on a monthly or any other Agreement between the parties relating to basis, a certified payroll, if applicable. The certified this transaction, the terms of this Agreement shall payroll shall consist of a complete copy of those records prevail. required to be made and kept by the Prevailing Wage Act. The certified payroll shall be accompanied by a M. No Disclosure of Confidential Information by the statement signed by the Contractor or subcontractor Consultant. The Consultant acknowledges that it which certifies that: (1) such records are true and shall, in performing the Services for the Village under accurate; (2) the hourly rate paid is not less, if this Agreement, have access, or be directly or applicable, than the general prevailing rate of hourly indirectly exposed, to Confidential Information. The wages required by the Prevailing Wage Act; and (3) Consultant shall hold confidential all Confidential Contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Information and shall not disclose or use such Class B misdemeanor. A general contractor may rely Confidential Information without the express prior upon the certification of a lower tier subcontractor, written consent of the Village. The Consultant shall provided that the general contractor does not knowingly use reasonable measures at least as strict as those the rely upon a subcontractor's false certification. Upon two Consultant uses to protect its own confidential business days'notice, Contractor and each subcontractor information. Such measures shall include, without shall make available for inspection the records required limitation, requiring employees and subcontractors of to be made and kept by the Act: (i) to the Village, its the Consultant to execute a nondisclosure agreement officers and agents, and to the Director of the Illinois before obtaining access to Confidential Information. IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois have cause his Agreement reto be executed, municipal corporation effective on L 1Z l g_, 2019. / By: Village Clerk Vill4e Manager 4 EXHIBIT A (ESTIMATE DATED OCTOBER 28, 2019) 5 OCTSI Estimate Date Estimate# 1247 Warren Avenue Downers Grove,11.60515 10/28/2019 3182376 Name/Address Village of Oak Brook Accounts Payable 3003 Jorie Blvd. Oak Brook,IL 60523 Description Qty Cost Total Point to Point Microwave Link-Verizon Monopole to Park District 18,294.00 18,294.00 OPTION 2-Cambium PTP6701: Carrier Grade/Excellent interference protection 199 Mbps expected at 99.999%uptime 20 MHz to 45 MHz channels 451 Mbps maximum throughput Advanced modulation chipset Includes all required radios,antennas,cabling,power supplies,surge suppression,roof mount kit and installation labor. This estimate shall be good for a period of 15 days unless otherwise noted. Tota $18,294.00 Signed and Accepted: _ Date: �� �! ircsCambium Networks'" Project Oak Brook PW to Park District Building PTP REV2 ILMC Cambium Networks Project Oak Brook PW to Park District Building PTP REV2 Option 2: Park District Link 199 - 451 Mbps / PTP670i LINKPlanner PTP Proposal Report Donald Peters Organization: Critical Technology Solutions,Inc. Phone: (630)737-1082 Email: dpeters@thinkcritical.com �r Cambium Networks? center=41.83469N 087.95067W Park District Building; ----------,.e_...-_._e..__..___.----E Verizon Monopole 0.0 miles Ask,Cambium Networks" Project Oak Brook PW to Park District Building PTP REV2 Option 2: Park District Link 411 Mbps / PTP670i Equipment: Cambium Networks PTP670 Integrated Cambium Networks High Gain Integrated @ 33 ft Cambium Networks High Gain Integrated @ 115 ft 810 Park District Building Ve• 810 800 800 v 790 ` "' 790 CU 780 780 t 770 770 3J760 760 v 750 750 740 740 w 0 730 -7300 Q 720 720 a � � ��` � 710 ae 710=m i 700 .:r - 700 i 690 Cambium 690 680680 0.020.040.060.OB 0.1 0.12 0.14 0.16 0.18 0.2 0.22 0.24 0.26 0.28 0.3 0.32 0.34 0.36 Range on path (miles) Performance to Park District Building Performance to Verizon Monopole Mean IP 99.8 Mbps 99.8 Mbps IP Availability 100.0000%for 20.0 Mbps 100.0000%for 20.0 Mbps Link Summary Link Length 0.362 mi. System Gain -- 145.32 dB Band 5.1 GHz System Gain Margin 43.24 dB Regulation United States Mean Aggregate Data Rate 199.6 Mbps Modulation Adaptive Annual Link Availability 100.0000% Bandwidth 20 MHz Annual Link-Unavailability------ 0 secs/year _ Total Path Loss 102.08 dB Prediction Model ITU-R Cambium Networks" Project Oak Brook PW to Park District Building PTP REV2 Performance Charts Performance to Park District Building Performance to Verizon Monopole 99.99999% 99.99999 i 99.999% i 99.999% T s jj 99.9% { 99.9% 4 Q i 90.0% 90.0% i i 0 25 50 75 100 0 25 50 75 100 Capacity(Mbps) Capacity(Mbps) Climatic Factors,Losses and Standards dN/dH not exceeded for 1%of Gaseous Absorption time -310.82 N units/km Loss 0.01 ciB Area roughness 110x110km 30.77 metre Link Type___ Line-of-Sight Geoclimatic factor 2.56e-04 Excess Path Loss 0.00 dB Fade Occurrence Factor(PO) 1.24e-08 Atmospheric Gasses ITU-R P.676-7, ITU-R P.835-4 Path inclination 37.52 mr Diffraction Loss— ITU-R P.526-10 Value of K Exceeded for 99.99%(ke) 0.40_ Prop�ation —ITU-R P.530-12 Excess Path Loss at_ke 0.00 d-B Rain Rate ITU-R P.837-5 _0.01%Rain rate 41.48 mm/hr Refractivity Index ITU-R P.453-9 Free Space Path Loss 102.08 dB EXHIBIT B (INSURANCE REQUIREMENTS) Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not commence work until it provides and receives acceptance of insurance certificates from the Village as required by this exhibit. Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under the contract or permit, either by the contractor,permittee, or their agents,representatives,employees or subcontractors. A contractor or permittee shall maintain insurance with limits no less than: A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage; B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; C. Worker's Compensation and Employer's Liability-Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of$1,000,000 per accident. Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses to the extent of such deductible or self-insured retention. The policies shall contain,or be endorsed to contain,the following provisions: D. General Liability and Automobile Liability Coverage- (1)The Village,its officers, officials,employees and volunteers are to be covered as additional insureds as respects:liability arising out of activities performed by or on behalf of the Insured;premises owned, occupied or used by the Insured. The coverage shall contain no special limitations on the scope of protection afforded to the Village,its officers,officials,employees,volunteers,or agents. (2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not contribute with it. (3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village,its officers,officials, employees,volunteers or agents. (4)The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. E. Worker's Compensation and Employer's Liability Coverage The policy shall waive all rights of subrogation against the Village, its officers, officials, employees, 6 volunteers and agents for losses arising from work performed by the insured for the Village. Each insurance policy shall be endorsed to state that coverage shall not be suspended,voided,canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A:VII. Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete,certified copies of all required insurance policies, at any time. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All overages for subcontractors shall be subject to all of the requirements stated herein. 7