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HomeMy WebLinkAbout23-0918 Alive Telecom IncPURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this _18 day of _September_ 2023, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Alive Telecom, Inc., an Illinois corporation (hereinafter referred to as "Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the Parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase and Seller shall sell and install the goods and/or services to the City as described in the eighteen (18) page Elgin Police Department 800 MHz Starcom P25 Public Safety In -Building Distributed Antenna System proposal, dated July 26, 2023, attached hereto and made a part hereof as Attachment A. Seller shall complete the installation and testing of the goods and services within 45 calendar days of the execution of this Agreement by the parties hereto. 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, which is attached hereto and made a part hereof. In the event of any conflict between any of the terms and provisions this Agreement and Attachment A, the terms and provisions of this Agreement shall supersede and control. 3. LAW/VENUE. This Agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Seller hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof, and Seller agrees that service by first class U.S. mail to 9850 W. 190`h St., Suite F, Mokena, IL 60448 shall constitute effective service. The Parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this Agreement, except in a writing instrument executed by both Parties with the same formalities as the original Agreement. 5. MERGER. This Agreement embodies the whole Agreement of the Parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or Agreements, either verbal, written or implied between the Parties hereto. 6. INTEREST. Seller hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 7. SEVERABILITY. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, Seller shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Seller hereby certifies, represents and warrants to the City that all of Seller's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. Seller shall also, at its expense, secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The City shall have the right to audit any records in the possession or control of Seller to determine Seller's compliance with the provisions of this section. In the event the City proceeds with such an audit, Seller shall make available to the City Seller's relevant records at no cost to the City. Seller shall pay any and all costs associated with any such audit up to the amount of $900. 9. PREVAILING WAGE. This Agreement calls for the construction of a "public work" within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01, et seq., as amended. The Prevailing Wage Act requires contractors and subcontractors to pay laborers, workers, and mechanics performing services on public works projects no less than the current "prevailing rate of wages" (hourly cash wages plus amount for fringe benefits) in the county where the work is performed. The Illinois Department of Labor publishes the prevailing wage rates on its website at http://labor.illinois.gov/. The Illinois Department of Labor revises the prevailing wage rates and the contractor/subcontractor has an obligation to check the Illinois Department of Labor's website for revisions to prevailing wage rates. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor's website. All contractors and subcontractors rendering services under this Agreement must comply with all requirements of the Prevailing Wage Act, including but not limited to, all wage requirements and notice and record keeping duties 10. COUNTERPARTS AND EXECUTION. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same Agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 11. PAYMENT. City shall pay the total sum of Fifteen Thousand Eight Hundred and Ten Dollars ($15,810.00) within thirty (30) days of delivery and installation or City's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight and shipping costs. The City of Elgin is a tax-exempt governmental entity. 12. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this Agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 13. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery and installation of the goods. 14. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and shall indemnify, and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Seller or Seller's officers, employees, agents or subcontractors in the performance of this Agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify and hold harmless, such action shall be defended by legal counsel of the City's choosing. 15. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for a particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories, components, and services to the benefit of the City. 16. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the Parties hereto. 17. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. 18. LIMITATION OF ACTIONS. The Parties hereto agree that any action by the Seller arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time -barred. 19. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. The persons signing this Agreement certifies that s/he has been authorized by the Seller to Attachment A AlIVE To/oCON Elgin Police Department 800 MHz Starcom P25 Public Safety In -Building Distributed Antenna System July 26, 2023 5.0 0.0 -5.0 -18C. •15• ^20. cm 15.0 0.0 • -15.0 -30.0 -+45.0 -60.0 -75.0 T 750 l0i� t 0 MHz ■ 0 +0 -W.e -105. STRRT es 15.0 10.0 5.0 0.0 pr 1 -5.0 -10.0 -15.0 -20.0 -25.0 -30.0 -35.0 45.0 30.0 15.0 0.0 -15.0 -30.0 -45.0 -60.0 -75.0 .,.. -90.0 3.5 3.3 3.0 2.8 2.5 2.3 2.0 1.8 1.5 1.3 1.0 CA 3.76V 5.0 0.0 -5.0 -25. -30. -35, 5.0 0.00 -5.0 -10.0 -20.0 -25.0 -30.0 -35.0 co 15.0 0.0 -15.0 -45. 40. -90. *105 MEN 5 cl 3.76V 5.0 0.06 -5.0 -10.0 -15.0 -20.0 -25.0 -30.0 V.7L 1 V;) 'Will .1 4dB JiR e�I .?!ur 1.1fUS 45.0 30.0 15.0 0.0 -15.0 -30.0 -45.0 -60.0 -75.0 -90.0 -105. 3.5 3.3 3.0 2.8 2.5 2.3 2.0 1.8 1.5 1.3 1'0 STOP soft Figure 7 - Isolation between Donor & Coverage Side Figures 1-,t show test results after sweeping the donor antenna line. As seen in figure 1, the return loss stays below -15 dB in the 800-875 MHz range. Figures 4-6 show the test results after sweeping the line to the coverage antennas. In a similar fashion, the return loss is under -15 dB between 800-875 MHz. The return loss on the donor antenna tapers up outside the 800-875 MHz range, meaning that the donor antenna isn't tuned for 700 MHz and First Net signals. The blue (IS21) trace shown in Figure 7 shows the isolation between the donor antenna and the coverage antennas is around -90 dB between 775-875 MHz. This much isolation will allow for a higher gain BDA to further increase the signal strength in the building. +0 Mem 10/ AAttg � M11O' to*$ d 10 At APl • -io p1T'"If--.--Vw--P r -T - STOP 900.000!W IT l . ar: —213 ro A: =3Q! )kHz D Iz Q2ms, nbs --- —So; N92 I Figure 10 - Floor 1 Back Hallway Signal Strength Figure 11 -- Floor 1 Hallway near MDF Signal Strength Figure 12 - Floor 1 Hallway Outside Records Room Figure 13 - Basement Gym Signal Strength Figure 14 - Basement Middle Hallway Signal Strength Figure 15 .- Basement Firing Range Signal Strength After sweeping the donor and coverage lines in the MDF, a 0 dBm 850 MHz duimmy signal was injected into the line feeding the passive network of coverage antennas. Figures 8-15 show the signal strength received by a spectrum analyzer at different points throughout the first floor and basement. For all signal strength pictures, marker 2 is at the 850 MHz signal being received from passive network, the lower frequency signals can be ignored for these purposes. At most points tested the signal strength is acceptable, but there were a few problem areas identified. Figure 11 shows a very weak signal being received in the corridor near room #112. The closest antenna to this point is the squad car antenna that was installed in the back hallway around the corner. Replacing the squad car antenna will most likely alleviate this weak spot. Figure 12 shows the signal strength received just outside the records room near an antenna. This area should not be as weak as it is because this data point was taken very close to an antenna, but will also likely be alleviated with an antenna replacement or addition. Figure 13 shows a weak signal strength received in the basement hallway just outside the gym. To increase the signal strength in the gym and other areas in the basement, an additional antenna should be installed by adding a splitter to the existing coax cable. Alive Recommendations Alive recommends replacing the BDA with a new Westell dual - band 700/800 MHz (+ First Net) BDA. In addition to a new BDA, Alive recommends replacing the donor antenna with a wider band antenna to allow for amplification of 700 MHz and First Net signals. Alive also recommends that indoor antennas near identified problem areas to be replaced, with an additional splitter and antenna in the basement. Alive can provide all the equipment necessary as well as installation and commissioning services. Once the system is installed, all passive components will be tested with a network analyzer to ensure proper return loss (connector workmanship) and system isolation. Passive System 'Testing - Coax Line Segments Return Loss and Distance to Fault Minimum -16dB Return Loss. Isolation shall be tested to be a minimum 20 dB greater than the amplifier settings. System tests will be performed with portable radios and handheld spectrum analyzer to ensure proper coverage throughout. Grid measurements will be made to verify 95% coverage in compliance with IFC standards. Scope of Work Public Safety DAS Repair Inbuilding DAS to maintain acceptable radio coverage -90 dBm or greater over 95% of the areas of coverage. The system will cover 700, 800 Public Safety including FirstNet Band 14. Actual frequencies per Elgin Police Department StarCom21. The source signal will be provided by a new off -air antenna mounted on the roof. The off -air antenna will pick up signals from the existing site approximately 2 miles away. This signal will feed a new Bi-Directional Amplifier, BDA. The indoor coverage will be provided by a system of existing cables, 1power-dividers and antennas, with the exception of replacing 1 whip, antenna and adding one more antenna to the coverage system. All'/2" coaxial cable will be plenum rated. Any chases or new floor or wall penetrations will be fire sealed to return to the previous state. All materials will be PIM and PIP rated and installation will follow R56 guidelines. Installation of all equipment will follow the building code for the City of Elgin, Cook County and State of Illinois. Once the system is installed, all passive components will be tested with a network analyzer to ensure proper return loss (connector workmanship) and system isolation. Passive System Testing - Coax Line Segments Return Loss and Distance to Fault Minimum -16dB Return Loss. Isolation shall be tested to be a minimum 20 dB greater than the amplifier settings. System tests will be performed with portable radios and handheld spectrum analyzer to ensure proper coverage throughout. Grid measurements will be made to verify 95% coverage. Bill of Materials Westell BDA (W/O BBU) CS14-720-820 Alive Telecom Donor Antenna ATC-WP178 Commscope Coverage Antenna QTY 2 CELLMAX-O-CPUSEI or Comp Polyphaser Surge Arrestor IS-B50LN-C2 50"/2" Coax Plenum White with connectors Pricing & Timeline Material Lead Time: 2 weeks Installation: 1 day Testing Commission: 1 day Materials includes shipping $10,970 Installation $ 1,340 Engineering, Commission & Test $ 3,500 Total $15,810 Terms TBD Alive Telecom 9850 W 190th - Unit F Mokena, IL 60448 708 478 6886 Dan Barton - dbarton@alivetele.com Westell° j PS51080E 1/2W & PS71090E 2W UL2524 & NFPA Public Safety BDAs General Information Westell's PS51080E and PS71090E BDAs are enhanced versions of the industry favorite PS series with several new features including built-in battery charger, all required NFPA 2019 alarms, built-in annunciator panel, improved cable feed -through options, uplink squelch, and an NRTL listing to ANSI/UL 2524, the latest standard for ERCES systems. The integrated BBU greatly simplifies installation and reduces installed costs. Order BBC-03 separately to house batteries. The PS enhanced series BDAs are NFPA 72/1221 compliant with red NEMA Type 4 enclosure. independent control per band. up to 90d6 of gain and 2 watts RF output. Frequency Range Uplink 788-805 / 806-809 / 806-816 / 806-824 MHz Downlink 758-775 / 851-854 / 851-861 / 851-869 MHz Product Highlights Supports dual-dand 700/800 MHz NFPA 72/1221 compliant Class B amplifier 27 dBm. (1/2W) & 33 dBm (2W) power output DL/UL 80 dB or 90 dB gain NRTL listings: ANSI/UL 2524, UL 62368-1, UL 508A Built-in battery charging and alarm circuitry Redundant power supplies, operates on 110VAC or 24VDC Built-in annunciator Uplink squelch FirstNet ready Low power consumption Passband options - Can he turned on/off independently UL 788-805 / DL 758-775 MHz (17 MHz) UL 806-809 / DL 851-854 MHz (3 MHz) UL 806-816 / DL 851-861 MHz (10 MHz) UL 806-824 / DL 851-869 MHz (18 MHz) (2 Watt unit only) Independent power and gain control per band Sharp SAW filtering reduces interference from adjacent RF signals Easy to install and maintain Dry contacts for fire panel connection Terminal block to support EOL resistors NEMA Type 4 3/4" conduit glands for AC, battery & alarms Intelligent oscillation management and self -healing Shutdown in the event of non -correctable conditions VSWR antenna monitoring Supports both digital and analog modulation including P25 phase 1 & 2 Supports SNMP C514-720-820 Public Safety BDA Alarms BDA arplifier failure • Oscillation Battery charger fail • AC power failure • Donor antenna failure Low battery Ordering Information WESTF" x 3 C: 14-' 22-822 Public Safety BDA CS14-720-820 1/2W eBDA, dual band 700/800 MHz, 80 dB gain CS14-722-822 2W eBDA. dual band 700/800 MHz. 90 dB gain CS19-BBC-003 NEMA/UL50E Type 3R battery cabinet for PS series Class B BDAs CS19-PYL12V100FT 12V,100AH sealed lead acid battery (2 required for 24+ hours of backup time) CS19-PYL12V45FS 12V, 45AH sealed lead acid battery (2 required for 12+ hours of backup time) Certification References ANSI/UL 2524 In -building 2-way emergency radio communication enhancement systems (ERCES) UL 62368-1 Audio/video, information and communication technology equipment - Part 1: Safety requirements UL 508A Industrial control panels FCC ID NVRPS71090E-PS78 4TA 0- Ov`r 2c? Years WESTELL L ` WESTELL.COM . Ygpy, it u: 2022 by Westell. Inc.. All rights resLrvec. Infonnati-on is wrrect at time o:` printing and is ',,ihject`ochangewithout notice. Westell. Inc. is an Equal OPPertunity%Affirmative Action employer. Page 1 of 2 Westell° I PS51080E 1/2W & PS71090E 2W UL2524 & NFPA Public Safety BDAs Electrical Specifications Main power input 110 VAC (88-264VAC) AC power consumption (max.) 1/2W = 140 Watts, 2W = 165 watts Battery charger output 27.8VDC DC input range 24 - 30VDC DC power consumption 1/2W = 45 Watts, 2W = 75 watts PS51080E output power +27 dBm 1/2W, composite PS71090E output power +33 dBm 2W, composite PS51080E = 80 dB. PS71090E = 90 dB Gain Noise figure @ max. gain <5 dB Typ. AGC dynamic range 25 dB Gain adjustment range 30 dB ±1 dB VSWR <2:1 Propagation delay 4us max. Mechanical Specifications Dimensions (H x W x D) 16.89 x 15.74 x 4.92 in Approximate weight (Ibs) 42.5 Mounting Wall mount Weatherproofing IP65/NEMAType4 Cable feedthroughs Cordgrips and 3/4" Flex conduit fittings included Connectors Antenna ports 4.3-10 (F) User interface: GUI & NMS RJ-45 Alarm relay Internal terminal strip AC&DC power Internal screw terminals Operating temperature -30° to 501 C BBC-003 & Battery Specifications BBC-003 Dimensions (W x H x D) 26" x 15.6" x 14" Weight 35 Ibs Mounting Wall mount CS19-PYL32V100FT dimensions 20" x 9.3" x 4.2" CS19-PYL12V100FTweight 77lbs C519-PYL32V45FS dimensions 11" x 7.8" x 4" CS19-PYL12V45FS weight 33lbs AC PWR GUI Donor ANT BBC-003 h:ittery hick -up enclosure shCnvn C ` f U!?rti: J;fP.: Vi: li'r7; . ii nt`U ! LC Vr'Ys t r, WESTELL WESTELL.COM Gopyi &ht i% ZC'ei by West. -Al. Inc. All rights resarvcc. Information is ecrrect at tic.ne of prinnog and is t,ject to ch,nge W.: u_ notice. VVestell, l nc. u an ECILIP, l Oppo tur n.. A : warive Act on e npdn;re•. IBlaJ-CS14-720_722-822-PS51080E_PS71090E-DS-101922 Page 2 of 2 AIM= Product Data Sheet ATC-WPI78 re%om 700/800 MHz Public Safety Panel • Broadband Performance covers 700 & 800 MHz Bands • Excellent solution for hard to cover indoor and outdoor areas • Small package with integral mount allows quick installation • Available with multiple connector options Frequency Range 740-870 MHz Gain 7.0 dBd (9.1 dBi) VSWR (Return Loss) <1.5:1 Passive IM 3d Order (2x20W) -150 dBc Peak Instantaneous Power (PIP) 25 kW Power Input 250 W Vertical Beamwidth 560 Horizontal Beamwidth 650 Input 7-16 DIN Female D7 4.3-10 DIN Female D4 Mechanical Specifications Length x Width 12.5" x 12.5" Depth 3.5" Weight 3.5 Ibs Shipping Weight 4.0 Ibs Shipping Dimensions L W H 13" 13" 7" Projected Area 1 ft2 Environmental Specifications Temperature Range -401 to 140°F (-401 to 60°C) Wind Velocity (Max) 125 MPH Projected Area 1.0 ft2 Lateral Thrust @ 100mph 40 Ibs *Mount Hardware Included www.alivetele.com 9850 W 190th Street Suite F Mokena, IL 60448 (708)478-6886 BtlnTotal ® 7.0075e.000 6.5699E -000 6.332Ye -0@D 5.B949e•000 S. 2574et000 1. Mae -am 4. 36230,000 3.9440-000 3.5072.-000 9 089700 e.0 2.1122c�0B0 2.1947e�eeo 1.7571E-000 1. 3196E-000 8.8208E-(iBi 4.4455E-001 7.0235E �03 -90 NYE • • • • OEM ATC-WPI78 Te%om Radiation Pattem I Elevation Radiation Patterns 90 40 (3dB per Scale) Radiation Pattem 2 -100 Azimuth www.alivetele.com 9850 W 190th Street Suite F Mokena, IL 60448 (708)478-6886 CELLMAX-0-CPUSEI Cell-MaXTM Omni In -building Antenna, 698-960 MHz and 1710-2700 MHz CELLMAX-O-CPUSEWI Cell -Max`" Omni In -building Antenna, 698-960 MHz ,1695-2700 MHz and 3100-4200MHz Product Classification Product Type Product Brand General Specifications Application Antenna Type Antenna Array Characteristic Polarization Color Mounting Number of Ports Pigtail Cable Radome Material RF Connector Interface Dimensions Height Pigtail Length In -building antenna Cel I -Max" Indoor Omni SISO Vertical White (RAL 9016) Thru-hole ceiling mount (optional) 1 670-141 SXE, plenum rated ABS N Female 85 mm 1 3.346 in 500 mm 1 19.685 in Page 1 of 4 commit the Seller contractually and has been authorized to execute this Agreement on its behalf. IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. ALIVE TELECOM, INC. Daniel Barton ignature President/ Owner Title Legal DeptCAgreementiAliveTelecom•Radio:Amplifier-9-13 3.docx CI I,GIN Richard G. Kozal, City Manager Attest: 4ity Clerk C!