HomeMy WebLinkAboutAgenda Report - August 15, 2012 C-15AGENDA ITEM C*#I*S
CITY OF LODIU�� Obi
09�IFOR�`PCOUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Managerto Execute Professional Services
Agreement for Fixed Network Radio Backhaul Design Studies with RuggedCom, of
Concord, Ontario ($38,300) and Appropriating Funds ($80,000)
MEETING DATE: August 15,2012
PREPARED BY: PublicWorks Director
RECOMMENDED ACTION: Adopt resolution authorizing City Managerto execute professional
services agreement for fixed network radio backhaul design studies
with RuggedCom, of Concord, Ontario, in the amount of $38,300
and appropriating funds in the amount of $80,000.
BACKGROUND INFORMATION: On June 1, 2011, City Council approved purchases of software and
fixed network engineering design services for the installation of a
fixed network that would automatically read the electric and water
meters installed or being installed throughout the City. Included in these purchases were data storage
devices, receivers, collectors and radio transmitters. The installation of this software and equipment has
essentially been completed.
On October 5, 2011, City Council approved the professional services contract with Vertex Business
Services Holdings, LLC, of Bend, Oregon, for the design of customer interfaceswith the City's Customer
Information System. This work has essentially been completed.
Initial testing of the automatic meter reading system has revealed that additional design work is required
for the radio backhaul. The design services to be provided by RuggedCom include completion of a site
survey of specific environmental conditions (structures, trees, line of sight) at each base station location,
preparation of a radio frequency and coverage plan, identification of additional equipment required to
implement the design plan, assisting with the on-site commissioning and installation of equipment,
completion of a final commissioning plan, and provision of on-site customized training for City staff.
The contract fee is not to exceed $38,300 and is broken down into engineering services ($8,900), on-site
services ($17,800), and optional training services ($14,600). The contract schedule anticipates completion
of the work within 80 calendar days of notice to proceed. An appropriation of $80,000 is requested to cover
added costs for staff services associated with delivery of the automatic meter reading system.
FISCAL IMPACT: Optimizing the operation of the radio backhaul will result in lower costs for
field mitigation associated with poor reads from the radio equipment.
FUNDING AVAILABLE: Electric Utility Fund (161000)
Water Utility F,,und (181013)
Jordan Ayers
Deputy City Manager/Internal ervices Director
ti
F. Wally andelin
PublicWorks Director
FWS/pmf
APPROVED:
K nradt Bartlam, City Manager
K:\WP\PROJECTS\WATER\Meters\Fixed Network\CAwardRuggedCom.doc 7/31/2012
AGREEMENT FOR PROFESSIONAL SERVICE§
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 2012,
by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and
RUGGEDCOM (hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for design services
for fixed network installation (hereinafter "Project") as set forth in the Scope of Services
attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide
such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A,
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
9
counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Tezm
The term of this Agreement commences on August 16, 2012 and terminates
upon the completion of the Scope of Services or on June 30, 2013, whichever occurs
first.
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ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method cf Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
3
ARTICLE 4
11 Z R IEOIJ F R 5
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees), arising out of performance of the services to be performed
under this Agreement, provided that any such claim, damage, loss, or expense is
caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor
employed directly by CONTRACTOR, anyone directly or indirectly employed by any of
them, or anyone for whose acts they may be liable, except those injuries or damages
arising out of the active negligence of the City of Lodi or its officers or agents.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
4
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Wally Sandelin, Public Works Director
To CONTRACTOR: RuggedCom
300 Applewood Cres.
Concord, Ontario, Canada L4K 5C7
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
5
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 ConfidentialitX
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
6
Section 4.16 integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severabiiity
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
< < Dr 21 Fedeial transit F unding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit apply to this contract. In the event of a conflict between the terms of this
contract or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
7
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
RANDI JOHL
City Clerk
CITY OF LODI, a municipal corporation
KONRADTBARTLAM, City Manager
APPROVED AS TO FORM: CONTRACTOR: RuggedCom
D. STEPHEN SCHWABAUER, City Attorney
JANICE D. MAGDICH, Deputy City Attorney
M
Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Proposal
Exhibit C - Insurance Requirements
Funding Source:161000, 181013
(Business Unit & Account No.)
By: _
Name:
Title:
Doc ID:Projects\Water\Meters\FixedNetwork\RuggedCom PSH
CA:rev.01.2012
8
Exhibit A
300 Applewood Cres.
Concord, Ontario, Canada UK 5C7
Tel: +1-905-856-5288: Fag: +1-905-856-1995
Toll Free: 1-888-264-0006
www.RuggedCom,eum
izli 11 1111111s" w •
The purpose of this document is to outline RuggedCom's recommended action plan for the City
of Lodi, RuggedCom, and Itron, to ensure the successful deployment cf the RuggedMAX
wireless AMI backhaul system.
1. A conference call between RuggedCom, Itron, to clearly define the data requirements of
the ItronAW system to be carried by the RuggedMAX radio backhaul network.
RuggedCom already initiated this action.
The Conference call was held on Monday, July 9, 2012. Participants in the call were:
® RuggedCom —David Brighton, Mike Dalton, Sajed Saeed, James Magolske
(Honn Co)
• Itron—Joe Kelly, Nicholas Marinella
The system requirements were discussed and the latest information has been provided
to RuggedCom by Itron.
Phis task is now completed.
2. Undertake a complete site survey of existing and alternative Base Station (BST)
locations and Subscriber (CPE / End Point) locations to verify the environmental
conditions and test the signal capabilities for the proposed radio deployment. A Site
Survey Report will be produced as a result of the field work.
This is a fee based service and could be provided by either RuggedCom Professional
Services (see attached Quotation), or a third party contractor.
3. The performance cf a complete Radio Frequency (RF) Plan for the proposed
RuggedMAX system deployment, including all (existing, proposed, and alternative) Base
Station (EST) locations and Subscriber (CPE / End Point) locations. This would include
a coverage analysis and these deliverables:
• RF coverage maps
® A document showing expected Receive Signal Strength Indication (RSSI),
modulation, and data rate at the CPE locations
® Frequency planning to reduce interference
This is a fee based service and could be provided by either RuggedCom Professional
Services (see attached quotation), or a third patty contractor.
19 July 2012 1 of3
300 Applewood Cres.
Concord, Ontario, Canada UK SC7
TO: +1-905-856-5288: Fax: +1-905-856-1995
Toll Free. 1-888-264-0006
simv.RuggedComeons
4. An Overall RuggedMAX System Design which includes definitions of VLAN and IP
parametersfor each device supplied by RuggedCom. Also included would be the Layer
2 Traffic Flow configuration for the Base Station(s) and the CPE. Complete System
Design Documentation will be produced and delivered to fhe City of Lodi.
This is a fee based service and could be provided by either RuggedCom Professional
Services (see attached Quotation), or a third party contractor.
5. Review of RuggedMAX equipment required by the Overall System Design for successful
system deployment, including any additional RuggedMAX equipment needed to meet
the design plan.
This is a function that RuggedCom will provide at no additional fee.
6. It is expected that the planning and design work will result in additional equipment
(RuggedMAX and other non-RuggedCom items) being required to meet the needs of the
system.
Any additional equipment required to meet the RF Plan and Design will be the
responsibility of the City of Lodi.
7. Deployment of the RuggedMAX system according to the RF Plan and Design. This
would encompass the deployment of the RuggedMAX hardware, including any changes
to the existing equipment on the system (i.e. BST or CPE locations), the addition of new
RuggedMAX equipment, and any required changes to the supporting infrastructure
(poles, arms, guy wires, network components, Itron devices, etc.) to support the
successful deployment of the system to ensure the optimal operation of the RuggedMAX
backhaul network.
This is work that could be provided by either the City of Lodi, or a third party contractor.
8. Provide On -Site Commissioning and Installation Assistance. The scope of this work
includes:
• Ensuring the proper installation of the RuggedMAX equipment
• Commission and tune the configuration for the RuggedMAX devices for
optimization of the system to achieve maximum results
• Perform connectivity testing of the RuggedMAX products and record all
results
This is a fee based service and could be provided by either RuggedCom Professional
Services (see attached Quotation), or a third party contractor.
9. Provide Final Commissioning Report which includes:
• Final, as -built system design drawings
19July 2012 2 of 3
300 Applewood Cres.
Concord, Ontario, Canada UK 5C7
Tel: +1-905-856-5288: Fag: +1-905-856-1995
Toll Free. 1-888-264-0006
wwwSuggedCom come
0 Final system performance results
This is a fee based service and could be provided by either RuggedCom Professional
Services (see attacked Quotation), or a third party contractor.
10. Provide RuggedMAX On -Site Customized Training for the City of Lodi which includes:
® 3 days of on-site training for up to 6 participants
• All training materials for up to 6 participants
All training material shipping costs and the RuggedMAX instructor's travel
costs plus daily expenses.
This is a fee based service and will be provided by Ruggedcorn Professional Services
(see attached quotation).
The City of Lodi is to provide the training facility including whiteboard, flip charts, and
projector.
These are the action steps that RuggedComfeels are necessaryl o ensure the successful
deployment and use of the RuggedMAX 3.65 GHz radio network that the City of Lodi has
purchasedfortheirAMi backhaul network.
It should be understood that if Ruggedcorn is chosen as the provider of these proposed
services, and our recommendations are followed, then we are fully responsiblefor the
performance of the RuggedMAX system; otherwise, we are not able to guarantee the overall
performance of the system.
I look forward to our August 1 st meeting I o discuss our plans further.
Respectfully Submitted,
Davin Brighton
Senior Regional Sales Manager
Western US Utilities
Ruggedcorn, Inc.
Office: 623-533-6398
Mobile: 602-300-3828
EFax: 623-3211008
davidbrisrhton a&uacredcom.com
19July 2012 3 of 3
Exhibit B
Re: City of Lodi
Doc: Full Services Scope
Regional Sales Director: David Brighton
- Rev. 0 - Dated: July 06,2012 -
The Purchase Order (PO) document can be sent:
By Fax: "+I-905-482-2168
By Email:"RuggedOrders@ruggedcom.com" (as an attachment)
Please CC your Regional Sales Manager
If you have questions or problems sending your PO, please contact your regional Sales Manager
or call +I-905-482-9906 ext 1900
any information contained herein, may be reproduced, or disclosed to or for the benefit of any other person or entity
without the express written consent of RuggedCom Inc.
F
The quote is based on the following outlined. Anything extending beyond the scope will be
quoted as additionalat time of request and the quote will be revised accordingly.
IMPLEMENTATION OF A BROADBAND WIRELESS ACCESS SYSTEM - CITY OF LORI SERVICES
PRICES
Ex ded
Function '
Part #
DescriptcCa
Unit Price
QTY
Race
INCLUDES POTENTIALLY 2 SASE STATION SITES - AND 4 CPEs
ENGINEEFII,NG SERVICES
Overall System Desian
The scope includes definition of VLAN and IP
parameters for each device supplied by
RuggedCom. The Scope will include:
Network
SRV-
. Layer Traffic flows configuration for the Base
Consulting
CONSULTING
Station and the CPEs.
$4,000.00
1
$4,000.00
Assumptions:
• Client in the City of Lodi need to supply an IP plan
RuggedCom can use in the design.
• RuggedCom will provide a softcopy of the design
documenis.
Radio Freuuencv Planning
The scope will include RF planning Coverage
analysis; the analysis will produce the following
deliverables:
• Coverage Maps.
• A document showing expected Received Signal
SRV -RF
Strength, modulation, and data rate at the CPE
RF Planning
PLANNING-
locations.
$4,900.00
1
$4,900.00
'WIMAX
• Frequency planning to reduce interferences.
RF Planning Assumptions
• The RF Planning will be performed after a
icomprehensive site visit is performed and quoted in
the On -Site Services Section.
• CityScapes HD -15 meters Geodata with Clutter
(Heights included are included.
FNGII`4EERII4G SERVICES SUB -TOTAL
$8,900.00
ON-SITE SERVICES
'Site Survey
'The scone will include a site visit to all the
13RV
preselected sites for base stations and CPEs.
Site Survey CONSULTING
Where a Proper assessment of the Environmental
$4,900.00
1
$4,900.00
conditions will take place.
A maximum of Two (2) Days on Site has been
considered.
Cnnf"idential Page 2 of 3
$1,500.00 ' 1
On-SiteCommissianing& Installation
60
The Scope for this work includes:
• Ensure proper installation of the equipment.
Site Survey
Report
SRV-
CONSULTING
Site Survey Report
$1,500.00 ' 1
Notes:
1) All Prices are in USD, and valid for 30 days;
2) Client is to provide all required permissionsto access sites, and mounting structures;
3) Client is to supply the GEODATA "CityScape HD15 Meter Resolution Required for the RF
Planning Specification the price of which is estimated at 900.00 USD; and
4) Prices does not take into account any delays caused by any party other than RuggedCom;
1
1
Conftdeffgal rage 3 of 3
$1,500.00
$9,400.00
$2,000.00
$17,800.00
$11,600.00
On-SiteCommissianing& Installation
Assistance
The Scope for this work includes:
• Ensure proper installation of the equipment.
• Commission and tune config u ration for
Ruggedcornsupplied hardware.
Commissioning
SRV-
• Perform connectivitytesting of the products and
$9,400.00
CONSULTING
record all results.
On -Site Commissioning Assumptions
• A Maximum of 3 Days on Site is Considered
• All site access, security and safety requirement
are by the client or a client representative.
Union workers are not required during the on-site
commissioning,
SRV-
aw Conaiaskmine Repw which JI=JLdas,: $2,000.00
lF�iCONSULTING
(Final Report
adjust the system design drawings and produce J $2,000.00
;final As -built documentation to include the results. I
•SUBJOTAL
TRAINING SERVICES
.. ___ __._. ._._.
One W MAX Standard CorporateTraininn
is for Six Participants
.S�Ssiptts each session (6)
i ar a period of Three Days. Training includes the
3,uggedMAXTm SRV -TRAIN-
;supply of all the training material and will be
'NiMAX CUSTOM -
oonducted in Lodi, CA, USA. $11,600.00
WIMAX
Glient is providethe training facility including White
13oard, Flip Charts and projector.
l'rjw JrxJudes TrainiggMtSbigpiroaad Tray -el
Expenses of the trainer.
Notes:
1) All Prices are in USD, and valid for 30 days;
2) Client is to provide all required permissionsto access sites, and mounting structures;
3) Client is to supply the GEODATA "CityScape HD15 Meter Resolution Required for the RF
Planning Specification the price of which is estimated at 900.00 USD; and
4) Prices does not take into account any delays caused by any party other than RuggedCom;
1
1
Conftdeffgal rage 3 of 3
$1,500.00
$9,400.00
$2,000.00
$17,800.00
$11,600.00
Exhibit C
Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this contract,
insurance coverage as listed below. These insurance policies shall protect the Contractor and any subcontractor
performing work covered by this contract from claims for damages for personal injury, including accidental death, as
well as from claims for property damages, which may arise from Contractor's operations under this contract, whether
such operations be by Contractor or by any subcontractor or by anyone directly or indirectly employed by either of
them, and the amount of such insurance shall be as follows:
COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Ea. Occurrence
$2,000,000 Aggregate
COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury - Ea. Person
$1,000,000 Bodily Injury - Ea. Occurrence
$1,000,000 Property Damage- Ea. Occurrence
NOTE: Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a
claims period following termination of coverage which is at least consistent with the claims period or statutes of
limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
NOTE: (1) The street address of the CITY OF IMI must be shown along with (a) and (b) above: 221 West Pine
Street, Lodi, California, 95241-1910; (2) The insurance certificate must state, on its face or as an endorsement, a
description of therop iect that it is insuring.
A copy of the certificate of insurance with the following endorsements shall be furnished to the City:
(a) Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed
Boards, Commissions, Officers, Agents, Employees, and Volunteers as additional named insureds.
(This endorsement shall be on a form furnished to the City and shall be included with Contractor's policies.)
(b) Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the Additional Insureds shall apply as primary insurance.
Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not
contributing with the insurance afforded by this endorsement.
(c) Completed Operations Endorsement
A certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the
City of Lodi during construction and for three years after acceptance of project.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall
not operate to increase the limit of the company's liability.
(e) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice
of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA
95240.
Compensation Insurance The Contractor shall take out and maintain during the life of this contract, Worker's
Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is
sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the
latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any
class of employees engaged in hazardous work under this contract at the site of the project is not protected under the
Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide
insurance for the protection of said employees. This policy may not be canceled nor the coverage reduced by the
company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City
of Lodi, 221 W. Pine St., Lodi, CA 95240. A Waiver of Subrogation against the City of Lodi is required.
NOTE: No contract agreement will be signed nor will any work begin on a project until the proper insurance certificate
is received by the City.
1. AA#
2. JV#
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
Contractwith RuggedCom for fixed network radio backhaul design studies and appropriation for staff time on the project.
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date:
Department Head Signature:
Attach copy of resolution to this form.
Submit completed form to the Budget Divisionwith any required documentation.
Final approval will be provided in electronic copy format.
FUND #
BUS. UNIT # ACCOUNT #
ACCOUNT TITLE
AMOUNT
A.
161
3205
Fund Balance
$
40 000.00
SOURCE OF
FINANCING
181
3205
Fund Balance
$
40 000.00
B.
161
161000 1825.1700
Fixed Network System
$
40 000.00
USE OF
181
181013 1825.2300
Fixed Network System
$
40,000.00
FINANCING
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
Contractwith RuggedCom for fixed network radio backhaul design studies and appropriation for staff time on the project.
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date:
Department Head Signature:
Attach copy of resolution to this form.
Submit completed form to the Budget Divisionwith any required documentation.
Final approval will be provided in electronic copy format.
Agenda Item C-15
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4ti1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 42 ADA Comaliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 43 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees), arising out of performance of the services to be performed
under this Agreement, provided that any such claim, damage, loss, or expense is
caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor
employed directly by CONTRACTOR, anyone directly or indirectly employed by any of
them, or anyone for whose acts they may be liable, except those injuries or damages
arising out of the active negligence of the City of Lodi or its officers or agents.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
4
Section4,5 ResaonsibiIlly of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance ii for ' )NTRACTOR
CONTRACTOR shall take cut and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY
JJM Consent to any such transfer shall beat the sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Wally Sandelin, Public Works Director
To CONTRACTOR: RuggedCom
300 Applewood Cres.
Concord, Ontario, Canada L4K 5C7
Section 4,9 Cooperation cf CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Emalovee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
5
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
MMM may terminate this Agreement, with or without cause, by giving
CONTRACTOR/CITY at least ten (10) days written notice. Where phases are
anticipated within the Scope of Services, at which an intermediate decision is required
concerning whether to proceed further, CITY may terminate at the conclusion of any
such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth
in the attached Exhibit B to the extent that the work has been performed. Upon
termination, CONTRACTOR shall immediately suspend all work on the Project and
deliver any documents or work in progress to CITY. However, CITY shall assume no
liability for costs, expenses or lost profits resulting from services not completed or for
contracts entered into by CONTRACTOR with third parties in reliance upon this
Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary*, except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public RecordsAct.
Section 4,13 Applicable Law, Jurisdiction. Severabilitv, and Attornev's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
6
RESOLUTION NO. 2012-133
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES
AGREEMENT FOR FIXED NETWORK RADIO BACKHAUL
DESIGN STUDIES AND FURTHERAPPROPRIATING FUNDS
WHEREAS, on June 1, 2011, City Council approved purchases of software and fixed
network engineering design services for the installation of a fixed network that would
automatically read the electric and water meters installed or being installed throughout the City.
The installation of this software and equipment has essentially been completed; and
WHEREAS, on October 5, 2011, City Council approved the professional services
contract with Vertex Business Services Holdings, LLC, of Bend, Oregon, for the design of
customer interfaces with the City's Customer Information System. This work has essentially
been completed; and
WHEREAS, initial testing of the automatic meter reading system has revealed that
additional design work is required for the radio backhaul. The design services to be provided
include completion of a site survey of specific environmental conditions at each base station
location, preparation of a radio frequency and coverage plan, identification of additional
equipment required to implementthe design plan, assisting with the on-site commissioning and
installation of equipment, completion of a final commissioning plan, and provision of on-site
customized training for City staff; and
WHEREAS, staff recommends the additional design work be provided by RuggedCom,
of Concord, Ontario, and that an appropriation of $80,000 be made to cover added costs for
staff services associated with delivery of the automatic meter reading system.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a Professional Services Agreement for Fixed Network
Radio Backhaul Design Studies with RuggedCom, of Concord, Ontario, in the amount of
$38,300; and
BE IT FURTHER RESOLVED that funds in the amount of $80,000 be appropriated from
the Electric Utility Fund and the Water Utility Fund.
Dated: August 15, 2012
I hereby certify that Resolution No. 2012-133 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held August 15, 2012, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Nakanishi, and
Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I JOHL
City Clerk
2012-133