HomeMy WebLinkAbout01/17/1989, C-7 - AWARD OF CONTRACT FOR STUDY PHASE OF THE JOINT RADIO COMMUNICATION TRANSMISSION FACILITY Date:'
Jan 17, 1989
I�in��71;I�YIIIII�IIIIII��IIlulll city of San Luis OBispo ITEM MBER;
WaMs COUNCIL AGENDA REPORT
FROM Michael Dolder By: Jeff Zimmerman, Firefighter
Fire Chief Steve Smith, Battalion Chief
SUBJECT: Award of Co tract for Study Phase of the Joint Radio Communication
Transmission Facility
RECOMMENDATION:
Authorize negotiation of a Contract with Nitram Associates, Westlake Village,
California in the amount of$12,850 and authorize City Adminstrative Officer to
sign contract.
BACKGROUND:
Due to the mountainous terrain within and surrounding the city, radio
communications have been poor for all City departments. The Joint Communication
r_cility Committee was formed to solve this dilemma. Because of the technical
knowledge required, the committee unanimously agreed that a technical resource was
needed to develop the study phase of this project.
Abiding by the Purchasing Control Manual Section 402-1, this recommendation was
sent to the CAO and was approved. Over ten RFP's were submitted to perspective
consultants to provide expressed interest in this project following the purchasing
control guidelines. The program objectives, are to improve sporadic radio coverage
iw Police, Fire, Public Works and other city departments, improve inter-department
communications during disasters and to provide capacity for future communications
technology improvements.
Upon the close of the final filing date, one sealed bid was submitted from Nitram
Associates. The proposal was reviewed on 12/13/88 by the Joint Radio Transmission
Facility committee and was found to be an excellent proposal because of the
contractor's former experience with public safety communication systems with a
reputable communications company, and direct experience on the central coast.
ALTERNATIVES
Alternative 01: Authorize negotiations of a contract with Nitram Associates and
authorize the CAO to sign contract.
Alternative 02: Resubmit RFP's for consultant services.
PRO/CON OF ALTERNATIVES
Alternative #1 - This alternative will provide the quickest solution to the existing
Police, Fire and Public Work's radio communications deficiencies. Nitram Associates
exceeded the minimum criteria set forth in the RFP.
Alternative #2 - Resubmitting the RFP will delay action on the existing communications
deficiencies by at least 60 days. Since ten RFP's were sent directly to qualified bidders
it is not anticipated that more qualified proposals would be submitted.
�,� � ►�1111�I�I�►n �U�» city of San tins OBispo
COUNCIL AGENDA REPORT
FISCAL IMPACT:
In the General Government Budget, Capital Improvement Project Capital Outlay Fund
#9530 has reserved the amount of $10,000 for the study phase of the project and $15,000
for site selection and design. Nitram Associates bid is for $12,850 for the study phase,
site selection and cost effective alternatives that meet the City communications needs.
We are requesting authorization to commit $15,000 to complete this phase of the project.
CAO RECOMMENDATION:
Authorize negotiation of a contract with Nitram Associates, Westlake Village, California
in the amount of $12,850 and authorize the CAO to sign contract.
ATTACHMENTS
Sample Contract with Nitram Associates
Draft Resolution
Nitram Associates Proposal is Available at the City Clerk's Office
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C - 7-�
AGREEMENT BETWEEN
CTHE CITY OF SAN LUIS OBISPO
AND
NITRAM ASSOCIATES
This Agreement, entered into by the CITY of San Luis Obispo (hereinafter referred to
as CITY) and Nitram Associates (hereinafter referred to as CONTRACTOR).
WITNESS THAT:
WHEREAS, the CITY desires to engage CONTRACTOR to render professional and
t---hnical services to develop and implement a communications project in accordance with
Nitram Associates Proposal dated November 16, 1988.
WHEREAS, CONTRACTOR has demonstrated a willingness to provide the services and
u.;crtake the work hereinafter described.
NOW, THEREFORE, the parties do mutually agree as follows:
Article 1 - State.of_Work
CONTRACTOR shall do, perform and carry out in a satisfactory manner,as determined by
CITY, at least the services set forth in Phase One and.scheduled in accordance with the
Work Program of Nitram Associates Proposal dated November 16, 1988. (See #2 of
Agreement as attached.)
Articie 2 - Time of Performance
The services of the CONTRACTOR are to commence after this Agreement has been
executed and notice to proceed has been issued to CONTRACTOR by.CITY. All work
described herein shall be completed within twelve (12) weeks from the date of the notice
to proceed.
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Article 3 - Personnel
CONTRACTOR represents that it employs, or will employ at its own expense, the
personnel required to perform the services under this Agreement. Such personnel shall
not be employees of or have any current relationship with CITY.
Article 4 Compensation
CONTRACTOR agrees to perform for the benefit of CITY all of the services set forth
and described in the Attachment."A" of the Agreement (Phase One and the Work Program
extracted from the Nitram Associates Proposal dated November 16, 1988). In
consideration of the foregoing, COUNCIL shall pay CONTRACTOR a sum not to exceed
twelve thousand eight hundred fifty dollars ($12,850.00).
It is agreed that CITY is not obligated to pay CONTRACTOR more than $12,850.00 nor is
required to perform services exceeding those defined in Attachment "A" of this
I
Agreement.
Article 5 - Payment
Payment shall be made within 30 days from date of invoice for work successfully
accomplished or 10 days from date the invoice is approved by the Project Manager,
whichever comes first. Invoices shall not be submitted at intervals of less than 30 days.
The CONTRACTOR will itemize an invoice for completed work and submit the invoice to
the Project Manager. Upon satisfactory review of the CONTRACTOR's work, the project
manager will approve the invoice for payment.
Article 6 - Hold Harmless and Indemnification
The CONTRACTOR agrees to indemnify, defend and save harmless the CITY, its officers, `
agents and employees from any and all claims and losses accruing or resulting to any and
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all contractors, subcontractors, materialmen, laborers and any other person, firm or
corporation furnishing.or supplying work, services, materials or supplies in_connection
with the performance of this contract, and from any and all claims and losses accruing.
or resulting to any person, firm or corporation who may be injured or damaged by the
CONTRACTOR in the performance of this contract.
Article 7 - Assignability
Without the written consent of the CITY, this agreement is not assignable by
CONTRACTOR either in whole or in part.
Article 8 - Termination of Contract-for-Cause
If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner
his obligations under this contract, or if the CONTRACTOR shall violate any of the
covenants, agreetrents or stipulations of this contract, the CITY shall thereupon have the
right to terminate this contract by giving written notice to the CONTRACTOR of such
termination and specifying the effective date thereof, at least five (5) days before the
effective date of such termination. In that event, all finished or unfinished documents,
data, studies,.and reports prepared by the CONTRACTOR.shall at the option of the
CITY, become its property, and the CONTRACTOR shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other
materials. CONTRACTOR may freely make use of the material developed by it, including
any such documents, drawings, designs and reports or other projects.
Notwithstanding theabove, the CONTRACTOR shall not be relieved of liability to the
CITY for damage sustained by the CITY by virtue of any breach of the contract by the
CONTRACTOR.
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Article 9 - Termination of Contract for Convenience -\
The CITY may terminate this contract at any time by giving written notice to the )
CONTRACTOR of such termination. The date of termination shall be the date of notice
of termination. In that event, all finished or unfinished documents and other materials
shall, at the option of the CITY, become its property. If the contract is terminated by
the CITY as provided herein, the CONTRACTOR shall be paid an amount which bears the
same ratio to the total compensation as the services actually performed bear to the total
services of the CONTRACTOR covered by this contract, less payments of compensation
previously made: Provided, however, that if less than 60 percent of the services covered
by this contract have been performed upon the effective date of such termination, the
CONTRACTOR shall be reimbursed (in addition to the above payment) for the portion of
the actual out-of-pocket expenses (not otherwise reimbursed under this contract) incurred
by the CONTRACTOR during the contract period which are directly attributable to the
uncompleted portion of the services covered by this contract.
Article 10 - Contract Changes
CITY may, from time to time, require changes in the scope of the services CONTRACTOR
is to perform or changes in other articles of this Agreement, including any increase or
decrease in the amount of CONTRACTOR's compensation. Such changes which are
mutually agreed upon by and between CITY and CONTRACTOR shall be incorporated in
written amendments to this contract. No oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto. Amendments
inconsistent with the provisions and intent of this Agreement may not be utilized.
Article 11 - Access to Records and Audit
The CONTRACTOR agrees to maintain all books, documents, papers, accounting records,
and other evidence pertaining to costs incurred including support data for cost proposals
and to make such material available at their respective offices at all reasonable times
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during the contract period, and for two. (2) years from the date of final payment under
the contract, for inspection by any authorized. representative of the CITY. Copies of
such material shall be furnished if requested.
Article 12 - CONTRACTOR Warrant
The CONTRACTOR warrants that he has not employed or retained any company or
persons, other than a bona fide employee working for the CONTRACTOR, to solicit or
secure this contract, and that he has not paid or agreed to pay any company or person,
other than a bona fide employee working for the CONTRACTOR, any fee, commission,
percentage, brokerage fee, gifts, ar other consideration, contingent upon or resulting
from the award or making of this contract. For breach or violation of this warranty,
the CITY shall have the right to annul this contract without liability, or at its discretion
to deduct from the contract price or consideration, or otherwise recover, the full amount
of such fee, commission, percenta3e, brokerage fee, gift or contingent fee.
Article 13 - Civil Rights
The CONTRACTOR agrees to comply with Title 49, CFR 21, promulgated to effectuate
TItle VI of the Civil Rights Act of 1964.
IN WITNESS THEREOF, the CITY and the CONTRACTOR have executed this agreement.
ATTEST: CITY OF SAN LUIS OBISPO
Date:
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ATTEST: -�
Charles R. Martin
Date:
APPROVED AS TO FORM
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ATTACHMENT "A"
PHASE ONE:
Phase One will consist of completion of the tasks A through K as required by your
RFP. The primary overall requirement is to identify the options open to the City and
the costs relating to these options. All tasks are addressed under the heading of
"TASKS, GENERAL" beginning on page five of this proposal. These tasks arc also
addressed under the heading "WORK PROGRAM" starting on page eight of this proposal.
The only task that will be included in Phase One is the development of system
specifications as specified in the RFP, Para. "E". Until City Management has reached a
decision as to the scope of this project, what will be funded and which system options
have been selected, it would be time consuming and expensive to develop specifications
for the portion of this project which is not to bu implemented in the near future.
The manner in which Phase One is accomplished is vital to the total program as
described in the RFP. A superficial overview of the communications problems involved in
the different systems could result in a band-aid approach that may give temporary relief
but would be unsatisfactory and expensive in the long run.
It is the policy of Nitram Associates to thoroughly explore the nature of the
problems and determine the options available to provide corrective action. Phase One is
the basis upon which recommendations as to modification, expansion, and replacement of
the present.systems will be made as well as present:ag the options available to City
Management.
The time consumed and costs of performing in this manner can be greatly reduced
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by the full cooperation of the client. It is expected that the City will make available
copies of pertinent equipment inventories, current FCC licenses and other printed
material pertaining to the present City communications systems as well as those systems
such as irrigation and water that may be able to use cost effective electronic control
and monitoring systems.
It is also necessary to discuss related requirements, current and future, with using
department personnel. These discussions also encompass suggestions for change, upgrade,
and reconfiguration. To minimize disruption to the everyday activities it is expected
that the City project coordinator or an assistant will schedule these meetings between
the consultant and the city personnel involved.
It is the policy of Nitram Associates to setup a program of work with the
designated customer representative for review and discussion of the work performed
during scheduled intervals, every two or three weeks. This keeps the project on line and
revisions of the final draft to a minimum. Refer to "WORK PROGRAM". Reports arc
submitted in writing to cover each reporting period.
TASKS, GENERAL
The following addresses the specific tasks as identified on page 1 of your RFP.
A. Radio Coverage, Options and Costs
1. Various methods for improving reliability of radio coverage throughout
your area of operation will be presented. Cost estimates will be provided for
construction of sites, equip.—,tent modification or replacement, installation, maintenance,
etc.
B. Equipment Consolidation, Options and Costs
1. The pros and cons of locating the City departments' fixed radio \�
r.
equipment (other than control equipment) in a single location will be addressed along
with estimated costs.
C. Emergency Communications, Options and Costs
1. The San Luis Obispo Disaster Plan will be reviewed along with a
familiarization of existing communications facilities. It will probably also be necessary to
spend some time reviewing the options available for communicating with outside agencies
during an emergency. Recommendations for improvement will be presented.
D. Systems Configuration and Cost Estimates
1. Overall systems configuration best suited to optimizing radio coverage
within the City departments area of operation will be presented along with options for
phasing in certain systems implementation and upgrading or modification of existing
facilities and equipment.
E. System Specification
1. The choice of publishing performance or equipment specifications is often
dependent upon the project requirements or standards set forth by the City. Prior to
the development of specifications City Management must determine the project
parameters based upon the facts presented. Recommendations as to the type and extent
of specifications will be included in our final document.
F. Financing Options
1. Financing options will be discussed but any innovative financing
sometimes offered by vendors or contractors will probably have to wait until the
vendor/contractor selection process.
G. Future Communications Improvements
1. The use of microwave or other communicationi enhancements not
presently being used by the City departments will be addressed during review of the.
existing systems.'
H. Irrigation Control System
1. A survey of the Parks and Recreation Department's irrigation system will
be conducted to examine the options available and the feasibility of implementing more
efficient control systems.
I. Water Distribution and Sewer Management
1. Sewer management and water distribution will be studied relative to
options and costs of updating controls.
WORK PROGRAM
PHASE I
Upon completion of this Work Program all the tasks described above will have been
completed.
I. WEEK ONE
A. Meet with the Project Coordinator to discuss procedures, scheduling ,
department contacts, etc. General familiarization of the project and City facilities.
B. Schedule initis! and introductory meetings with selected department personnel.
Prepare questionnaires tailored to the respective user departments.
II. WEEK TWO
A. Begin scheduled meetings with department personnel and inspect
communications facilities.
B. Assemble data for review and progress report for the Project Coordinator.
III. WEEK THREE
A. Prepare and present progress report to Project Coordinator and continue
meetings with department personnel. This first progress report will include the goals of
this project and their priorities as defined by the Project Coordinator.
B. Visit existing and potential antenna sites and facilities suitable as a primary
radio equipment vault.
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IV. WEEK FOUR
C
A. Complete draft documentation of the City of San Luis Obispo communications
systems and begin documentation of the options available to lineet City requirements.
V. WEEK FIVE
A. Prepare and present progress report to Project Coordinator.
B. Prepare preliminary documentation as to options available for accomplishing
the communications goals-of the City.
VI. WEEK SIX
A. Research equipment availability for proposed upgrading of the public safcty
radio systems and costs evolved. The Public Works radio system is also to be considcrcd
in this category.
B. Review the Parks and Recreation Department's irrigation system along with the
Water distribution and sewer management systems. Identify options and costs for
monitoring and control systems.
VII. WEEK SEVEN
A. Complete draft report of total Phase One tasks to .be included in the progress
report for the Project Coordinator. Report to be presented this week.
At this time the final priorities are to be established and selected user department
personnel be advised as to the direction the project is headed. The Project Coordinator
may decide to set up meetings to keep management personnel informed.
VIII. WEEK EIGHT/WEEK NINE
A. Complete final draft of this communications project as defined in Para. 1V.,
OBJECTIVES/SCOPE, page 5 through 7.
B. If feedback from the previous week's report permits, all requested changes will
C' be'included in the final draft report and presented as a draft of the final documentation
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and delivered to the Project Manager during the ninth week of the project.
IX. WEEK TEN
A. Final changes made and included in final document which will be printed,
bound and delivered in the quantity and format by the Project Coordinator.
X. SUMMARY
A. Final documentation presented upon completion of Phase One will include
complete responses to each of the "Tasks" assigned to this phase. This will provide tlic
City Management complete and accurate information as a basis for funding and approval
of those options they deem will provide the most desirable and cost effective upgrading
of the present communications systems.
It is conceivable due to budgetary or time constraints that the City may not wisli
to implement all options that are presented by the consultant.
The primary benefit of proceeding in the manner described as "Phase One" is that
City Management will have accurate, data as to the capabilities and reliability of their
present systems so that there is now a solid base for setting priorities as to which
systems are to be upgraded or replaced and in what order.
The different options and cost estimates as presented will provide the basis for
determining the most cost effective method to bring the overall communications systems
up to an acceptable level and further expedite the planning necessary to meet future
ongoing requirements.
It can be expected that the total "Work Program" will be completed within a plus
or minus two weeks of the scheduled program. '
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AGREEMENT
INCORPORATION BY RF^ERENCI. The Notice inviting Bids, the General Sid
Terms and Conditions.. the Sperial Bid Terms and 'Conditions. Bid Submission
Form(s) , and the Bid Specifications, are hereby incorporated in and made a
part of this Agreement.
o. COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by reference. shall constitute the complete
agreement between the parties hereto. No oral agreement, understanding, or
representation not reduced to writing and specifically incorporated herein
shall be of any force or effect, nor shall any such oral agreement. under-
standing. or representation be binding upon the parties hereto.
11 , ?dOTICE. All written notices to the parties hereto shall be sent by
United States mail , postage prepaid by registered or certified mail addressed
as follows:
CITY: Fire Chief
City of San Luis Obispo
Garden & Pismo
San Lu.is Obispo., CA 93403-8100
SUPPLIER:
12. AUTHORITY TO EXEC^,TE AGREEMENT: Both CITY and SUPPLIER do covenant
that each individual executing this agreement on behaif of each party is a
person duly authorized and empowered to execute Agreements for such party.
IN WITNESS WEREOF, the parties hereto have caused this instrument to be
executed the day and year first above writ.-ten.
ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation
By:
APPROVER AS TO FORINT:
By:
Roser Piquet. City Attorney
By:
APPROVED AS TO CONTENT:
John Dunn, City Administrator Nike Dolder. Fire Chief
William C. Statler
Director of Finance
C - 7-/ 6
Resolution No. (1989 Series)
U
A Resolution of the City Council of San Luis Obispo Authorizing the
Negotiation and Signing of a Contract with Nitram Associates for Technical
Services in Radio Facilities Evaluation and Recommendation
WHEREAS, the City has radio communication deficiencies for Police, Fire and Public
Works emergency needs; and
WHEREAS, technical support is needed to facilitate recommendation to correct these
deficiencies;
NOW THEREFORE, BE IT RESOLVED by the City Council of San Luis Obispo to
1. Authorize negotiations of a contract with Nitram Associates, Westlake Village,
California for technical support services in the amount of $12,850 not to
exceed $15,000.
2. Authorize the CAO to sign contract subject to successful negotiations.
On motion of . seconded by
and on the following roll call vote:
AYES:
.1OES:
ABSENT:
the foregoing resolution was passed and adopted this day of
1989.
MAYOR RON DUNIN
ATTEST: i
CITY CLERIC PAM VOGES
APPROVED:
( 1
CITY A MINISTRATIVE OFFICER