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HomeMy WebLinkAboutResolution - 2000-R0062 - Contract - Adaptive Broadband - Radio System And Radio Data Link System - 02/24/2000Resolution No.2000-R0062 February 24, 2000 Item No. 37 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for a Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Link System, by and between the City of Lubbock and Adaptive Broadband of Rochester, New York and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24th day of February , 2000. Max Ince, Mayor Pro Tem ATTEST: I tv I k Kaythi arnell, Ci Secretary APPROVED AS TO CONTENT: TI: �� + � P� � Victor Kilman, urchasing Manager APPROVED AS TO FORM: illiam de Haas Competition and Contracts Manager/Attorney gs:ccdocs/Spread Spectrum Multiple Add.res February 10, 2000 Resolution NO. 2000-ROO62 ADAPTIVE BROADBAND CORPORATION February 24, 2000 STANDARD TERMS AND CONDITIONS OF SALE Item No. 37 The following are the terms and conditions under which Adaptive Broadband Corporation ("ADAP"). sells products, except as otherwise agreed to by ADAP in writing: I PRICES AND TAXES. The prices will be those set forth in ADAP's quotation or bid valid at the time of order. If a quotation has expired, ADAP reserves the right to extend the validity of the quotation or issue a new quotation at its discretion. Prices are F.O.B. shipping point (North American orders) / EX -WORKS (Incoterms, 1990) ADAP's relevant shipping facility (International orders), in U.S. dollars and are exclusive of all taxes, tariffs, duties and fees. In addition to all charges and fees due under any agreement or order between ADAP and Buyer, Buyer is solely responsible for and agrees to pay amounts equal to any taxes, tariffs, duties and fees (however designated) and any interest, fines and penalties (collectively, "Tax") resulting from or arising out of that agreement or order, exclusive of taxes based on ADAP's net income. Without limiting the generality of the foregoing, Buyer is solely responsible for and agrees to pay, either through the relevant product invoice or a separately issued invoice, all sales taxes resulting from or arising out of that agreement or order unless, within 30 days after shipment, ADAP receives export documentation satisfactory to ADAP evidencing the export of the relevant products out of the United States. If a Buyer within the United States wishes to have the agreement or order treated as sales tax exempt, ADAP must receive a resale or exemption certificate satisfactory to ADAP prior to shipment. Buyer will pay on ADAP's behalf any Tax levied upon ADAP or reimburse ADAP for any such Tax paid by ADAP. This Section will apply during and after termination of any agreement between the parties. 2. ORDERS. No order submitted by Buyer will be deemed accepted by ADAP unless and until confirmed in writing by ADAP's authorized representative. No order which has been accepted by ADAP may be canceled by the Buyer except with the agreement in writing of ADAP and on terms that the Buyer will indemnify ADAP in full against all loss (including loss of profit), costs (including the cost of all labor and materials used), damages, charges and expenses incurred by ADAP as a result of cancellation including, at a minimum, the terms set forth in Section 10 below. 3. PAYMENT. All payments by Buyer will be made in U.S. dollars in the U.S. pursuant to one of the following terms, without offset: Option 1: Confirmed, Irrevocable Letter of Credit acceptable to ADAP and payable in U.S. dollars at sight upon presentation of documents confirming shipment (i.e. Invoice, Packing List, Air Waybill) through any major United States state or national bank Validity must be at last 120 days for shipment and 150 days for negotiation of documents; partial shipments must be allowed; the Letter of Credit value must state F.O.B. shipping point (North American orders) or EX -WORKS (Incoterms, 1990) ADAP's relevant shipping fiuxlity (International orders). Estimated freight and handling charges can be provided upon request. All banking charges arc to buyer's account. Oytion : 25% down -payment in U.S. dollars at the time of order with the balance due two weeks prior to shipment. Wire transfer information: Bank of America, 1850 Gateway Blvd., Concord, CA 93420, ABA# 121000358, Acct Name Adaptive Broadband Corporation, Acct Number 1233727981, Reference Invoice # and PO # and Contract #, By Order Of [Buyer's Name]; or such other wire transfer information as ADAP may indicate. Option 3: If Buyer continually satisfies ADAP's credit approval process and requirements and if ADAP provides Buyer with prior written approval of credit terms, then net 30 days after the relevant invoice date. If ADAP agrees to Option 3 above or if ADAP agrees in writing to different or additional payment terms, then: L If during the period of performance of an order the financial condition of the Buyer is determined by ADAP not to justify the terms of payment specified, ADAP may demand that payment be made in accordance with one of the two options above. b. ADAP reserves the right to make deliveries in installments, all installments to be separately invoiced and paid for by Buyer when due per invoice without regard to other scheduled deliveries. If shipments are delayed by the Buyer for any reason, payment will become due from the date on which ADAP is prepared to make shipment and storage will be at Buyer's risk and expense. c. In the event of default in payment by Buyer. (i) ADAP may suspend performance of its obligations; (ii) Buyer agrees to pay ADAP's standard late charges plus interest on the delinquent payment from the due date thereof until such payment and all interest thereon is received at the rate of I% %per month, but not in excess of the lawful maximum (which charges and interest are not in lieu of any other right ADAP may have for Buyer's breach); and (ill) in the event of litigation or collection activity arising out of Buyer's non-payment, Buyer will promptly pay the reasonable costs and expenses incurred by ADAP, including attorney's fees. 4. DELIVERY, SECURITY INTEREST, DELAYS. Delivery will be F.O.S. shipping point (North American orders) / EX - WORKS (Incoterms, 1990) ADAP's relevant shipping facility (International orders). Freight and handling charges arc to be either remitted in advance or collected under a confirmed, irrevocable Letter of Credit as outlined above. All shipments are subject to availability and all references to dates arc references to delivery F.O.B. shipping point (North American orders) / EX - WORKS (Incoterms 1990) ADAP's relevant shipping facility (International orders). Any dates for delivery quoted by ADAP or provided in an accepted order are approximations only and ADAP will not liable for delay in shipment for any reason. Title to product transfers and Buyer assumes all risk of loss upon delivery of product by ADAP to the initial carrier. hisurance will be provided by ADAP upon request and collected with freight and handling charges. In the absence of instructions to the contrary, ADAP, on behalf of Buyer, will select the carrier but will not be deemed thereby to assume any liability in connection with the shipment nor will the carrier be construed to be an agent of ADAP. Claims for loss or damage to products in transit must be made to the carrier and not to ADAP. Buyer will be responsible for all storage, rigging, drayage and other charges to and at Buyer's * site. Buyer hereby grants ADAP a security interest in the products and all cash and non-cash proceeds thereof as security for all of Buyers obligations hereunder. Upon request by ADAP, Buyer will promptly execute any instrument required to perfect such security interest; provided that in any event ADAP is hereby appointed Buyer's attomey-in-fact to do all acts which ADAP deems reasonably necessary or desirable to perfect and continue to perfect such security interest and to protect the collateral. ADAP will not be liable for any damages or penalty for delay in delivery or for failure to give notice of delay when such delay is due to the elements, acts of God, delays in transportation, delay in delivery by ADAP's vendors or any other causes beyond the reasonable control of ADAP. The delivery schedule will be extended by a period of time equal to the time lost because of such delay. S. PATENTS. If notified promptly in writing of any action (and all prior claims relating thereto) brought against Buyer alleging that Buyers use or other disposition of product infringes a United States patent or copyright, ADAP will defend such action at its expense and will pay the costs and damages awarded against Buyer in such action, provided that ADAP will have sole control of and authority with respect to the defense of any such action and all negotiations for its settlement or compromise. If a final injunction is obtained in such action against Buyers use of the product or if in ADAPs opinion the product is likely to become the subject of claim or infringement, ADAP will, at its option and at its expense: procure for Buyer the right to continue using the product; or replace or modify the same so that they become non -infringing; or accept return of the product and refund or credit the amount of the original net purchase price, less a reasonable charge for depreciation and damage. ADAP will not have any liability to Buyer if the alleged infringement is based upon: (a) use or sale of the product in combination with other products or devices which are not made by ADAP; (b) use of the product in practicing any process; or (c) the furnishing to Buyer of any information, service or other assistance. No costs nor expenses will be incurred for the account of ADAP without the prior written consent of ADAP. In no event will ADAPs total liability to Buyer under or as a result of compliance with the provisions of this clause exceed the sum paid to ADAP by Buyer for the allegedly infringing product. The foregoing states the entire liability of ADAP with respect to alleged infringement of patents and copyrights by the product or any part thereof or by its operation. This Section states the entire liability of ADAP for any infringement of patent, copyright, trademark, trade secret, or other intellectual property rights. Buyer will defend, indemnify and hold ADAP harmless against any loss, damages, casts, fees (including attorneys' fees) and expenses awarded against or incurred by ADAP for alleged infringement of any patents, copyrights, trademarks, or other intellectual property rights of any person or entity which result from ADAPs use of or compliance with Buyer's designs, specifications or instructions. 6. PRODUCT CHANGES. ADAP reserves the right, without prior approval from or notice to Buyer, to make changes to products or their specifications (a) which do not materially adversely affect the performance of the product or reduce performance below any contract specification; (b) when required for purposes of safety; (c) to meet product specifications, or (d) when required to conform with any applicable statutory or regulatory requirements. ADAP reserves the right to make product improvements without incurring any obligation or liability to make the same changes in products previously manufactured or purchased. ADAP also reserves the right to modify the pricing and availability of models in its product lines based on market conditions, component availability, and other business considerations; and to require that Buyer implement and utilize software upgrades as a condition of maintenance contracts and warranty. 7. WARRANTY Product Manufactured by ADAP: a. Products manufactured by ADAP are warranted against defects in material and workmanship for a period of are (1) year from date of delivery as evidenced by ADAPs packing slip or other transportation receipt. b. ADAPs sole responsibility under this warranty will be to either repair or replace, at its option, any component which fails during the applicable warranty period because of a defect in material or workmanship, provided Buyer has promptly reported same to ADAP in writing. All replaced products and parts will become ADAPs property. c. ADAP will honor the warranty at the repair facility designated by ADAP. It is Buyers responsibility to return, at its expense, the allegedly defective product to ADAP. Buyer must obtain a Return Material Authorization (RMA) number and shipping instructions from ADAP prior to returning any product under warranty. Transportation charges for the return of the product to Buyer will be paid by ADAP within the United States. For all other locations, the warranty excludes all costs of shipping, customs clearance and other related charges. if ADAP determines that the product is not defective within the tents of this warranty, Buyer will pay ADAP all costs of handling, transportation and repairs at the then prevailing repair rates. d. All the above warranties are contingent upon proper use of the product. These warranties will not apply (i) if adjustment, repair, or product or parts replacement is required because of accident, unusual physical, electrical or electromagnetic stress, neglect, misuse, failure of electric power, environmental controls, transportation, failure to maintained properly or otherwise in accordance with ADAP specifications, or abuses other than ordinary use; (ii) if the product has been modified by Buyer or has been repaired or altered outside ADAPs repair facility, unless ADAP specifically authorizes such repairs or alterations in each instance; or (iii) where ADAP serial numbers, warranty data or quality assurance decals have been removed or altered. e. No person, including any dealer, agent or representative of ADAP is authorized to assume for ADAP any other liability on its behalf except as set forth herein. If any payment is due ADAP for services performed hereunder, it will be subject to the same payment terms as the original purchase. Products Manufactured By Others: For products not manufactured by ADAP, the original manufacturers or licensor's warranty will be assigned to Buyer to the extent permitted by the manufacturer or licensor and is in lieu of any other warranty, expressed or implied. For warranty information on a specific product, a written request should be made to ADAP. REV/6/99 2 All Products: THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, OBLIGATIONS, AND LIABILITIES ON THE PART OF ADAP. EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, ADAP DISCLAIMS ALL WARRANTIES ON PRODUCTS FURNISHED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADAP WILL HAVE NO RESPONSIBILITY FOR ANY PARTICULAR APPLICATION MADE OF ANY EQUIPMENT. Any description of equipment, whether in writing or made orally by ADAP or its agents, specification sheets, models, bulletins, drawings, or similar materials used in connection with Buyer's order are for the sole purpose of identifying the equipment and will not be construed as an express warranty. Any suggestions by ADAP or its agents regarding use, application or suitability of the equipment will not be construed as an express warranty. No warranties may be implied from any course of dealing or usage of trade. Buyer agrees that the exclusion of all warranties, other than those expressly provided herein, is reasonable. L ACCEPTANCE OF PRODUCTS. Unqualified acceptance of products will occur upon delivery, unless ADAP is notified in writing within ten days from Buyer's receipt that the products do not meet ADAP's specifications or that Buyer is making a claim for shortages or other errors in delivery. Failure to give such timely notice constitutes a waiver of all such claims by Buyer. ADAP's sole obligation for any non -conforming products will be limited to repair or replacement, at ADAP's option, pursuant to the provisions of the foregoing Warranty clause. 9. INSTALLATION. In the event ADAP agrees with Buyer to install or perform maintenance on any product(s) to be supplied, Buyer will pay ADAP s then current standard charges for such installation or maintenance. 10. CANCELLATION AND RESCHEDULE CHARGES. In the event Buyer defaults, ADAP may decline to make further shipments and/or may terminate Buyer's order without affecting ADAP's rights and remedies including, but not limited to, any right to cancellation charges and quantity price adjustments. if ADAP continues to make shipments after Buyer's default, ADAP's action will not constitute a waiver nor affect ADAP's legal remedies. In the event Buyer (a) cancels any order or portion thereof with the requisite ADAP consent; or (b) fails to meet any obligation hereunder, causing cancellation or rescheduling of any order or portion thereof, or (c) requests a rescheduling of scheduled product and such request is accepted by ADAP, Buyer Agrees to pay ADAP cancellationA=hedule charges as a percentage of the list price of the canceled or rescheduled product, said charges having been agreed upon not as a penalty, but as a result of the difficulty of computing actual damages. Such cancellation/mscheduling charges may be set by ADAP in its business judgment in each instance. Buyer may not cancel or reschedule any order or portion thereof after shipment. 11. EXPORT. Regardless of any disclosure made by Buyer to ADAP of an ultimate destination of the product(s), Buyer will not export, either directly or indirectly, any product(s) or non-ADAP equipment incorporating such product(s) without first obtaining a license fiom the U.S. Department of Commerce or any other agency or department of the United States Government, as required. Buyer will use its best efforts to insure that none of the products will reach any country where U.S. laws would forbid ADAP to market or distribute the products. 12. SOFTWARE LICENSE AND SUB -LICENSE a. ADAP grants to Buyer the non-exclusive license to use the Software (defined below) in connection with the Products, subject to the terms and conditions set forth below. ADAP grants to buyer the non-exclusive license to sub -license the Software to those of Buyer's customers which utilize Products. When granting to customers the right to use Software, Buyer shall incorporate in such sublicense terms that offer no less degree of protection to ADAP's (or its licensors) interest in the Software as those set out below. b. "Software" means any program in machine readable code (howsoever provided by ADAP to Buyer), and intended to be loaded into the memory of a processor unit(s), which provides operating instructions and user -related application instructions (as well as associated documentation used to describe, maintain and use such programs), incorporated in any of the Products by ADAP or supplied to Buyer by ADAP for use on or in connection with any of the Products; however, Software shall not mean any source code. c. The Products and Software include software which is licensed by third parties to ADAP ("Third -Party Software"). Buyer agrees to comply with all of the requirements and restrictions of all licenses which apply to Third -Party Software, and Buyer authorizes ADAP to execute and deliver all agreements and documents on Buyer's behalf in order to comply with the foregoing obligations. d. Set out below are the terms and conditions of the software license granted by ADAP to Buyer. In sub -licensing software to its customers, Buyer shall incorporate in such sub -licenses terms which offer no less degree of protection than those set out below: (i) The Software and the documentation are unpublished copyright works and may be used on any installation with a configuration mentioned in the Agreement, provided the Software is in use on only one installation at any one time. (ii) Neither the Software nor the documentation may be copied in whole or in parts except for backup and archival purposes. (iii) The copyright notices and trademarks contained in the Softwares on the data medium, and in the documentation as supplied to Buyer must appear on all copies made by Buyer. (iv) Save for Buyer's right to grant sub -licenses to its customers to use the Software in object code form, Buyer may not transfer part, download, or in other way make available to others the Software and the documentation delivered to it. (v) Buyer shall not have the right to modify the Software or to create derivative works based on the Software, save as provided under applicable laws. (vi) No warranty applies if failure of the Software has resulted from misuse or misappropriation. e. if a new release of the Software contains new functions, and Buyer wants to use these new functions, the new release shall be subject to a supplementary charge. No license is granted for any new release until Buyer pays associated REV/6J99 additional fees. Buyer will be responsible for costs of software/hardware upgrades of equipment supplied by third parties to support such new releases. 13. CONFIDENTIALITY. . L Buyer and ADAP each agree to use the other's Confidential Information (defined below) it receives or otherwise obtains solely for purposes of benefiting the business relationship between them. The receiving party ("Recipient") shall not duplicate any Confidential Information of the other party ("Disclosing Party') except as may be strictly necessary in furtherance of that purpose. The Recipient agrees to maintain all of the Disclosing Parry's Confidential Information it receives or otherwise obtains in confidence, using at least that standard of care which it accords its own Confidential Information to protect the Disclosing Party's Confidential Information. The Recipient agrees not to disclose the Disclosing Party's Confidential Information to any other party except those of the Recipient's directors, officers, employees, agents, consultants, advisors and affiliates (collectively, "Agents") involved in furthering that purpose whose duties justify the need to know such Confidential Information. The Recipient's Agents who are to receive Confidential Information shall be advised of the confidential nature of the Confidential Information and shall have agreed in writing to be bound by the terms of this Section. The Recipient agrees that at no time shall it or its Agents use or knowingly permit any other person or entity to examine, use, or derive benefit from the Confidential Information. These obligations will survive for a period of ten years from the date of the relevant disclosure or for such longer period as such Confidential Information may be entitled to legal protection from disclosure by operation of law. b. "Confidential Information" means information in its broadest sense, including but not limited to computer programs, databases, trade secrets, know-how, inventions, improvements, discoveries, techniques, business and marketing records, merchandising and marketing techniques, plans and data, strategies, new products, financial data, budgets, projections, work papers, files, contracts, and client and supplier information and lists; provided, however, that this Section 13 shall not apply to Confidential Information which (i) is or becomes generally available to the public other than as a result of disclosure by or through the Recipient or its Agents; (ii) was available to the Recipient on a non - confidential basis prior to disclosure by the Disclosing Party as evidenced by documentation in the Recipient's possession (unless the Recipient knows that such Confidential Information is subject to another confidentiality agreement); (iii) becomes available to the receiving parry on a non -confidential basis from a source other than the Disclosing Party (unless the Recipient knows that such Confidential Information is subject to another confidentiality agreement); or (iv) was developed by or for the Recipient independently of and without reference to any of the Disclosing Party's Confidcndal Information. Any Confidential Information developed by ADAP (alone or jointly with Buyer) in connection with any Products or services provided by ADAP will be the exclusive property of ADAP. c. Upon the Disclosing Party's request, the Recipient shall immediately (i) return all Confidential Information it has received, including tangible items containing or representing Confidential Information and all copies thereof made by such party or its Agents; (ii) erase or destroy all Confidential Information it has received which is contained in computer memory or data storage apparatus; and (iii) destroy all materials incorporating or based on such Confidential Information which were prepared by or for such party or its Agents. d. Notwithstanding the foregoing, either party may disclose any Confidential Information to the extent required by a valid subpoena or order issued by a court of competent jurisdiction or by a governmental body, provided that the party subject to such requirements shall (i) immediately notify the Disclosing Party of the existence, terms and circumstances relating to the requirement, if permitted by law; and (ii) cooperate with the Disclosing Party in asserting objections or providing a defense to such requirement or obtaining a protective or equivalent order. Buyer and ADAP agree that the obligations under this Section 13 are of great importance to ADAP and form a substantive condition of any transaction by it. Since monetary compensation may not adequately cover the failure of such obligations, Buyer and ADAP specifically agrees to submit to injunctive relief from the courts where suitable and adequate relief may be obtained in order to give effect to these confidentiality obligations. 14. DISCLAIMER AND L E TTATION OF LIABILITY. A ADAP'S TOTAL LIABILITY IS LIMITED TO THE NET PRICE OF THE PRODUCTS SOLD HEREUNDER, EXCLUDING ANY CHARGES STATED SEPARATELY FROM THE PRODUCT PRICE ON THE INVOICE. BUYER'S SOLE REMEDY FOR LABILITY OF ANY KIND, INCLUDING NEGLIGENCE, WITH RESPECT TO THE PRODUCTS, SOFTWARE, AND DOCUMENTATION FURNISHED HEREUNDER IS LIMITED TO THE REQUEST FOR ADAP, AT ADAP'S OPTION, TO REFUND THAT NET PRICE FOR THE ITEMS AND MATTERS INVOLVED, EXCEPT THAT IN THE CASE OF A BREACH OF WARRANTY, BUYER'S SOLE REMEDY IS TO RETURN THE PRODUCT TO ADAP FOR REPAIR OR REPLACEMENT IN ACCORDANCE WITH THE "WARRANTY" SECTION OF THESE TERMS AND CONDITIONS. B. WITH RESPECT TO SERVICES, ADAP'S LIABILITY FOR ANY SERVICE IS LIMITED TO THE RE - PERFORMANCE OF THE SERVICE. ADAP DOES NOT WARRANTY PROPOGATION OR PATH PERFORMANCE. ALL SURVEYS ARE ACCURATE AS OF THE DATE THE SURVEY WAS CONDUCTED. C. IN NO EVENT WILL ADAP BE LIABLE TO BUYER FOR (I) REPROCUREMENT COSTS; (In INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; (III) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF ADAP PRODUCTS, WHETHER IN AN ACTION OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, EVEN IF ADAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. D. NO ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION HAS ACCRUED, EXCEPT THAT AN ACTION FOR NON- PAYMENT MAY BE BROUGHT WITHIN EIGHTEEN (18) MONTHS OF THE DATE OF LAST PAYMENT. REV/6199 4 15. GENERAL PROVISIONS a. These terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all proposals, and and written, all previous negotiations and all other cammimications between the patties with respect to that subject matter. These terms and conditions will prevail and govern notwithstanding any different, conflicting or additional terms and conditions which may appear on any order or other document submitted by Buyer, all of which will be deemed mill and void. Deviations from these terms and conditions are not valid unless confirmed in writing by an authorized representative of ADAP. b. The rights and obligations under these terms and conditions may not be assigned without ADAP's pion written consent and any attempt to do so without such consent will be void. c. These terms and conditions will be governed by and construed in accordance with the internal laws of the State of Texas without reference to conflict of laws principles and not including the United Nations Convention an Contacts for the International Sale of Goods. Any controversy or claim arising out of or relating to these terms and conditions or any matter or transaction contemplated hereby will be triable only in a court with jurisdiction located in Lubbock County, Texas, and ADAP and Buyer each irrevocable consent to that venue and to the personal jurisdiction thereof. d All tights and remedies, whether conferred hereby or by any other instrument or law will be cumulative and may be exercised singularhy or concurrently. Failure by either party to enforce any contact terms will not be deemed a waiver of future enforcement of that nor of any other term. If any provisions of this contract are held invalid under any applicable law, rule, regulation or treaty, such invalidity will not affect other provisions of this contract which can be given effect without the invalid provisions and to this end, the provisions of this contact are declared to be severable. Notwithstanding the above, such invalid provision or clause will be construed, to the extent possible, in accordance with the original intent of the parties. e. Any typographical, clerical or other error or omission in any sales literature, quotations, price list, acceptance of offer, invoice or other document or information issued by ADAP will be subject to cmTection without any liability on the part ofADAP. f Where products include radio fixquency communications equipment, certain regulations of telecommunications regulatory authorities apply. It is the sole responsibility of the Buyer to maintain at its own expense any relevant license from such regulatory authority to operate and maintain the equipment. g. Exhibits incorporated and attached hereto: Exhibit "A" —Pricing Exhibit "B" — Original Specifications (Pages 7 23� as modified by attached Adaptive Broadband specification compliance response. CITY OF LUBBOCK Max Ince,Mayor-Pro_Tem A ST: K4*i arnell City Sebietary APPROVED 7AS�TO CONTENT: Terry Eller400k Managing Director of Water Utilities APPROVED AS TO FORM: illiam de Haas Competition and Contracts Manager 12/15/99 16:06 IM716 242 8460 ADAPTIVE BRDBAND EXHIBIT "A" ADAPTIVE BROADBAND MDS Product Group 175 Science Parkway, Rochester, New York 14620 USA (716) 242-9600 Phone (716) 242-9620 Fax X1001/006 To: Mr. Bruce Bialack Company: City of Lubbock Phone: Fax: (806)763-9824 From: Dick Marcucci Phone: 16 242-8328 Email: dmarcuccl@adaptivebroadband.com Date: December 15, 1999 Pages Including this cover page: 1 of 6 Comments: Dear Bruce: Please find attached a copy of the revised pricing for your review. If you should have an questions please call me at (716)242-8328. Best gards, Dz A: Richard Marcucci Project Manager THIS FAX 1S INTENDED FOR THE PERSONAL AND CONFIDENTIAL USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED. 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NCO 1-1 H1 900/90018 QNVOM $AIJAVQV ' 09fi9 rtz 9TLO OT:9T 68/$T/ZT 2 RFP #99207, Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Linc System EXHIBIT "B" MINIMUM SPECIFICATIONS FOR SPREAD SPECTRUM MULTIPLE ADDRESS RADIO SYSTEM 'AND POINT-TO-POINT RADIO DATA LINK SYSTEM GENERAL 1.1 The intent of these specifications is to describe a 900 MHZ Spread Spectrum Multiple Address System (hereafter referred to as MAS) to be used to control equipment, monitor equipment status and retrieve analog output from approximately 160water wells located In the Bailey County welifield and 40 RTU's in the City of Lubbock. This system will be addressed In Section 5 of this RFP. in addition, a Point to Point Radio Data Link will be needed between the Bailey County pump station and the Water Treatment Plant in Lubbock, Texas. This system will' be further addressed in Section 6 of this RFP. These locations are approximately 80 miles apart with existing towers at each site. There are three interposing sites with existing towers at which repeaters and PLC's will be located. The purpose of the Spread Spectrum MAS and the Point to Point Data Link is to expand the existing radio network to include the Bailey County wellfieid and Bailey County supply line to Lubbock. The proposed system shall provide a transparent communication medium capable of accepting any standard data format. 1.2 The decision by the City will be, in part, based on your response to the specifications provided in the request. Failure to provide adequate information to enable the City to evaluate your company, your proposed- systems, roposedsystems, and its features can subject your entire response to elimination from future consideration. 1.3 You should be prepared to include any or all statements made in your proposal in a final contract for equipment and services. Exceptions to the specifications may be made for good and sufficient reason at the discretion of the City. However, inability to contractually guarantee any statement made or specification met may result in future elimination. 1.4 In addition to your response to this RFP, please prepare a complete, proposal showing system design and necessary components for the Intended project for review, by the City's representatives. Your response should include any and all information for us to evaluate system compatibility, general descriptions, brochures, or other material provided by the manufacturer which adequately illustrates and describes the system proposed. 1.5 Please submit documentation which accurately describes the qualifications of your company and the manufacturer of the system you propose. 1.6 There is no intent on behalf of the City of Lubbock to inhibit innovation. Alternative proposals will be considered if the proposer can successfully demonstrate that the alternative proposal will result in an overall improvement in performance or will provide a major economic benefit without sacrificing performance. Basis of Evaluation and Selection 2.1 All proposals shall be evaluated by a team to include not be limited to City of Lubbock members, legal counsel, and independent consultant(s). The following criteria will be used to judge and rank submittals: 2.1.1. Overall Responsiveness to the RFP (50%) 2.1.2 Past Project Experience on Similar Projects (25%) 99207.doc 7 3 4 RFP #99207, Spread Spectrum Multiple Address Radio System and Point-to-Pcint Radio Data Unk System 2.1.3 .Cost (25%) 2.2 The apparent successful proposer shall have demonstrated successful performance on installations similar to that requested by the City. 2.3 The City retains the right to require additional information from the proposer and to conduct necessary investigations to determine product reliability, vendor performance, and to determine the accuracy of proposal information. 2.4 The apparent successful proposer may be required to make oral presentations. 2.5 Proposers will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions will be permitted after proposal submissions and prior to contract award for the purpose of obtaining best and final offers. Current System Environment 3.1 The current system environment consists of: 3.1.1 Hardware: 3.1.1.1 Two digital VAX server 3100 computers, connected to a QEI Inc. computer interface unit. ( one computer active with the other synchronized and on standby). 3.1.1.2 One Microwave Data Systems ( hereafter called MDS) Model 2100 series 900 MHZ Master Station Radio. 3.1.1.3 Radio transceivers MDS model # 2300 utilizing 928 MHZ for communication. 3.1.2 Software: 3.1.1.2 QEI Inc. , Quics IV program database DB -800 Release OR - 5.4 ( March 13, 1990) . 3.2 The Supervisory Control and Data Acquisition (SCADA) system master stations and software will be completely updated and replaced by QEI, Inc. by September 1999. The proposed radio systems must integrate and work properly with the updated SCADA system hardware and software. General Requirements 4.1 The vendor shall coordinate acquisition of FCC licenses as required (see Section 10). The vendor shall perform all radio path studies or surveys as required. All equipment shall be furnished and installed with all necessary hardware, diagnostics software, antennas, antenna poles and towers as needed, cables, lightning protection, and accessories to allow the system and it's components to operate after installation as specified. No additional purchases shall be required to make the system operational as described. The radio system and it's components shall Interface and function fully with Water Utilities SCADA computer software and hardware including the remote terminal unit designated for the City's wells and described in separate specifications for this project. It shall be the proposer's responsibility to familiarize itself with the operation of the City's SCADA operations. 4.2 The radio systems and components shall also interface with future software and hardware changes to the SCADA system. These changes will include an open architecture design utilizing Programmable Logic Controllers (PLC's) using Modbus or any radio compatible protocol. 99207.doc 8 RFP #99207. Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Unk System 4.3 All equipment shall be new and shall be current production models. Discontinued models and models about to be discontinued are not acceptable. All products shall be factory assembled and fully tested. 4.4 The proposer shall submit detailed and illustrated descriptions, schematics, and drawings for each product quoted. 4.5 The City of Lubbock reserves the right to receive a demonstration of the product to verify that all specified criteria can be met. The City of Lubbock also reserves the right to reject any or all proposals or accept the proposal deemed most advantageous to the City of Lubbock. 4.6 The proposer shall comply with all specification requirements. Quotations shall be submitted on the City of Lubbock specification fomes. All items on the forms shall be addressed. Any exception to any specification or part of a specification shall be cited and explained fully in the proposal. Otherwise, it Is understood that all requirements will be met exactly as specified and any equipment received that does not meet the specification will be returned for full refund. Quotations on items that do not meet the minimum specifications for each type of equipment will not be considered unless those exceptions are thoroughly explained in the space provided. 4.7 The vendor who is awarded the contract shall submit all original documentation on the product, including software, drawings, hard copies of programs, manuals, and programming parameters of the product. Copies of documentation instead of the originals are not acceptable. Factory authorized technical repair and problem -solving manuals shall be supplied for each component of each unit delivered. All manuals must be furnished upon delivery of the equipment. Any equipment delivered without the required manuals will not be accepted. 4.8 Vendor shall provide all personnel, radio units, mulitiplexers, antennas, poles, cable, lightning protection, equipment, parts, etc., necessary to completely and properly install, interface, and test the spread spectrum radio systems and the point-to-point radio system for proper operation as specified for the communications between the Water Treatment Plant, local pumping stations, and the link between Lubbock and the Sudan Pumping Station. Acceptance testing will be supervised by City's representatives. Installation shall be performed by qualified representatives of the firm supplying the equipment or by a firm recommended by a vendor and approved by the City. Upon completion of installation, the successful vendor shall demonstrate, as a minimum, full SCADA control, status monitoring and analog reporting as is normal with the SCADA system. Any system which is unable to meet this criteria will be rejected and returned to the vendor for full credit. 4.9 A minimum of two (2) days systems maintenance and diagnostic training shall be provided to City of Lubbock personnel by a qualified representative of the firm supplying the equipment or the firm installing the equipment, If different, as desired by City's representatives. A minimum of two -(2) days operational training shall also be provided. 4.10 Ongoing technical support for resolving hardware and software problems shall be provided at no additional cost for a period of five (5) years from the date of system installation. 4.11 Radio transceivers shall be capable of ignoring unwanted channels as determined by user. Interference from other services occupying the same band of channels must be eliminated. 99207.doc 9 RFP #99207, Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Unk System 4.12 Provisions must be made to effectively ground all necessary components of the system. Sufficient °state of the art" lightning/surge suppressors shall be installed. 4.13 Vendor shall examine present and future needs of the City to ensure compatibility with both systems. 5 GENERAL SPECIFICATIONS FOR 900 Mhz UNLICENSED LOW-DENSITY SPREAD SPECTRUM RADIO SYSTEM 5.1 All radios supplied under this contract must be manufactured in the United States of America. 5.2 The manufacturer of all radios supplied under this contract must be certified as an ISO 9001 approved facility. A certificate of ISO 9001 registration must be included with the proposal documents. 5.3 Both master and remote units shall operate In the 902-928 MHz frequency band:!'' The master radio stations shall be fully redundant with automatic or manual switchover capability. One redundant master station shall be provided for the MAS in the Bailey County well field. One redundant master station shall be provided -for` the MAS in the City of Lubbock. Each master radio and its assigned remote units shall operate on a unique transmittreceive frequency pair and on a non -interfering basis with the other master/remote systems. This will be accomplished through the use of eight selectable zones, each containing 128 frequencies for a total of 1019 frequencies. 5.4 The radios shall have FCC and Industry Canada authorization of notification or type -acceptance under FCC rules Part 15.247 and IC TRC -76. No license will be required to operate radios. 5.5 The radio must be FM/UL approved for Class 1, Division 2, Groups A, B, C, D hazardous locations as an option. 5.6 The radio shall use the spread spectrum Frequency Hopping technique for data communications. Frequency hopping has the advantage of spreading its channels across the spectrum, utilizing advanced process gain techniques to maximize transmit signal power while using traditional narrow band filtering techniques to reject noise and interference. 5.7 The radios shall use a minimum of eight selectable zones each containing 128 frequencies for a total of 1019 frequencies with a minimum of four hopping patterns. This will allow multiple systems to operate in the same area with minimal interference from other spread spectrum radio users. A seventh channel shall be available for simplex operation. It must be possible to select any of the eight half duplex channels in the field via a hand-held terminal or PC. 5.8 The radios shall have the ability to delete one or more of the 128 frequencies of the hop.pattem in any channel. This minimizes the effects of interference and provides the highest possible communications reliability. 5.9 The radio must transmit data In a manner that Is 100% transparent to the users equipment. Data must be received in the same protocol as transmitted without interruptions. Communication between the MAS radio remotes and the central master site must be direct and 100% transparent communications for all standard asynchronous protocols. The radio must transmit data in the same format as used by the data system, seamlessly, and without interruptions. Radio overhead or latency must be <10 ms (typical) for communications from master to remote or remote to master. It will not be acceptable to require that the users protocol be modified in any way for compatibility with radio communications nor will it be acceptable to require a special protocol driver within the radio. It will not be 99207.doc 10 RFP #99207, Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Unk System acceptable to "packetize" data in a manner that would result in data gaps or in parts of the message being sent in separate packets that could be received out of order by the receiving radio. It will not be acceptable to require a front-end controller to convert protocols or reorder data packets. Nor will it be acceptable to transmit data in a non -deterministic manner such that data would be received longer than 30ms after transmission. 5.10 Radios supplied under this contract must be capable of operating as a stand alone Multiple Address system, a stand alone point-to-point link or as a "tail end" or "last mile" link to an existing Multiple Address (MAS) radio system. 5.11 The MAS radios must be capable of transmitting the users data at rates of 1.2, 2.4, 4.8, 9.6 or 19.2Kbps. This must be true data throughput available to the user and cannot be reduced by radio or packet overhead. The radio must be capable of accepting data rates at up to 38.4Kbps. The radio must be capable of operation with RTS/CTS flow control and the data interface shall be RS232. 5.12 The radios shall meet the following general requirements: 5.12.1 Frequency Hopping 128 Frequencies Per Channel Range (eight channels): 902-928 MHz 5.12.2 Half Duplex Operation: +/-1.6 MHz. Tx/Rx split, Simplex (peer to peer) 5.12.3 Channels: (User Selectable) or 1 simplex 5.12.4 Hopping Patterns: (User Selectable) per channel 5.12.5 System Addresses: 1-65,000 (User Selectable) 5.12.6 Size: 2.0" x 5.625" x 9.25" (5.0 x 14.3 x 23.5 cm) 5.12.7 Weight: Maximum 2.2 pounds (1.6 kg) 5.12.8 System Gain: Transmit Power = 30 dB Antenna Gain = 6 dB Receive Sensitivity = -105 dB Total Equipment Gain = 141 dB 5.12.9 LED Indicators: 5.12.9.1 Transmit Data 5.12.9.2 Receive Data 5.12.9.3 Power 5.12.9.4 Sync 5.12.10 Diagnostic port must be included on the radio for interface with test equipment. 5.13 Data Characteristics 5.13.1 The radios shall meet the following data characteristics. 5.13.1.1 Signaling Standard: RS -232C Interface 5.13.1.2 Connector. DB -25 female 99207.doc 11 RFP #99207, Spread Spectrum Multiple Address Radio System and Point-to-Point Radio Data Link System 5.13.1.4 Data Tum -around Time: Seamless Data Mode: <10 msec 5.13.1.5 Byte Length: 10 or 11 data bits, 1 or 2 stop bits; with or without parity 5.13.1.6 Communication Method: Transparent 5.13.2 The radio must be capable of keying on data when connected to the communications Host, RTU or PLC and able to accept RTS/CTS flow control when connected to a modem or another radio. 5.14 Transmitter Characteristics 5.14.1 The radios shall meet the following transmitter specifications: 5.14.1.1 Frequency Range: Master. 902-915 MHz Remote: 915-928 MHz 5.14.1.2 Modulation Type: Binary CPFSK or equivalent 5.14.1.3 Output Power (at the antenna connector): 1.0 Watt (+30, dBm) adjustable to .1 Watts (+20 dBm) 5.14.1.4 Duty Cycle: Continuous, 100% 5.14.1.5 Output Impedance: 50 Ohms 5.14.1.6 Frequency Stability *0.00015 % 1.5 ppm, @ -22 to +140 Degrees Fahrenheit 5.14.1.7 Bandwidth Compatibility: 25 kHz 5.14.1.8 Spurious & Harmonic Emissions: -60 dBc, -80 dBc respectively 5.14.1.9 Maximum SWR (No damage). Infinite, all phase angles 5.14.1.10 Transmitter Keying: Data Activated 5.15 Receiver Characteristics 5.15.1 The radios shall meet the following receiver specifications. 5.15.1.1 Frequency Range: 5.15.1.1.1 Master: 908-928 MHz spread spectrum band 5.15.1.1.2 Remote: 908-928 MHz spread spectrum band 5.15.1.2 Type: Double Conversion Superheterodyne 5.15.1.3 Frequency Stability: 10.00015 % 1.5 ppm, -30° C to 60° C 5.15.1.4 Bit Error Rate: Less than 1x10-6 at -110 dBm 5.15.1.5 Intermodulation: 75 dB Minimum (EIA) 5.15.1.6 Desensitization: 65 dB Minimum (EIA) on 25 kHz channels 5.15.1.7 Spurious: 70 dB Minimum 5.16 Primary Power Characteristics 5.16.1 The radios shall meet the following primary power specifications. 5.15.1.1 Voltage: 13.8 Vdc Nominal (10.5 to 26.0 Vdc Operating Range) 99207.doc 12 5.17 5.18 RFP #99207, Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Unk System 5.15.1.2 TX Supply Current: <400 mA 5.15.1.3 RX Supply Current: <125 mA Typical 5.15.1.4 Power Connector. 64 pigtail 5.15.1.5 Fuse: 1.5 A, Polyfuse 5.15.1.6 Reverse Polarity Protection: Diode Across Primary Power Input. Environmental Characteristics 5.17.1 The radios shall meet the following Industrial environmental characteristics. 5.17.1.1 Humidity: 95% at 104° F (40° C), Non -Condensing 5.17.1.2 Temperature Range: 5.17.1.2.1 Full Performance: -30" C to 60° C 5.17.1.2.2 Operational Performance: -40° C to +70° C 5.17.1.3 Case: Die Cast Aluminum Diagnostic Interface Characteristics 5.18.1 The radio system shall provide diagnostic capability to allow the user to verify the reliability of communications between the master station and each remote radio. Diagnostics must monitor communications on each of the 128 frequencies of the channel and identify the relative communications reliability on each frequency. 5.18.2 Link Test diagnostics must enable the user to verify communications between the master and any selected remote radio in the system. In this mode a diagnostic message is sent between the master and remote to determine the communication reliability of each frequency In the hop pattern. The user must have the option to perform a quick "one pass" verification of all 128 frequencies within a channel in the hop pattern or select a longer term "survey" time period in which the diagnostics would continue to transmit the diagnostic message between master and remote radio. The diagnostic package must provide diagnostic screens that graphically displays the results of the tests. These test may be initiated from any radio in the system. 5.18.3 The diagnostic package must also permit the user to have selectable frequency delete capabilities for one or more channels in the hop pattern to improve overall communication reliability by eliminating frequencies that have higher than acceptable level of interference. 5.18.4 Spread spectrum radio diagnostics and communications must be capable of operating through a licensed multiple address radio system. In this case, the diagnostic PC would communicate to the spread spectrum radios by first interfacing through a licensed or unlicensed MAS radio link. 5.18.5 The units shall meet the following diagnostic Interface characteristics: 5.18.5.1 Signaling Standard: RS -232C Interface 5.18.5.2 Connector: DB -25 5.18.5.3 Diagnostic Display Devices: Hand -Held Programmer/TerminaVPC 99207.doc 13 RFP #99207. Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Unk System 5.18.6 Radio diagnostics must be an integral part of the radio and must operate with a standard IBM compatible PC or hand-held terminal operation in terminal mode. it will not be acceptable to require an external box or module to interface the radio with the diagnostic PC or hand-held terminal. It will not be acceptable to require a specialized display terminal of any type. 5.18.7 The vendor shall provide the appropriate software licenses to allow unlimited coping of the diagnostic software to City of Lubbock computers used for electronic system maintenance. 5.18.7 The spread spectrum radio must be a model MDS 9810 manufactured by Adaptive Broadband Corporation or equal. 5.19 Enclosures 5.19.1 All of the remote radios for the spread spectrum system shall be enclosed in, NEMA 4X ( not stainless steel) enclosures. The enclosures shall be large enough to accommodate the radio, a power supply, extra,,.. - radio for repeater functionality, and a area large enough to accommodate, the foot print area of the PLC or RTU (approximately 150 square inches). The City shall provide notice to the vendor as to the brand of PLC that: will be used in this enclosure. With this information, the vendor shall pre- drill and tap all mounting holes to accommodate the PLC and all other required component`s. 5.20 Antennas 5.20.1 The Vendor shall supply and install all master and remote station antennas and poles necessary for the radio systems for the City of Lubbock Water Treatment Plant, Distribution System, Water Reclamation Plant, and the Point -to Point system for the Bailey County supply line at the designated points at Shallowater, Littlefield, Amherst, Sudan pump station, and at well #245 located in Bailey County. 5.21 Transmission Cable 5.21.1 The Vendor shall supply and install all transmission cable and connectors necessary for the radio systems. 5.22 Installation 5.22.1 The Vendor shall completely install the specified radio systems. installation shall include appropriate grounding and 'state of the art" lighting/surge protection for all necessary components. Installation shall include furnishing all miscellaneous components, parts and other materials needed for completion of Installation of the radio systems 6 GENERAL SPECIFICATIONS FOR 900 Mhz POINT-TO-POINT HOT- STANDBY LOW DENSITY DIGITAL RADIO SYSTEM 6.1. All radios, including internal printed circuit board assemblies, supplied under this contract must be completely manufactured and assembled in the United States of America. 6.2 The manufacturer of all radios supplied under this contract must be certified as an ISO 9001 approved facility. A certificate of ISO 9001 registration must be included with the proposal documents. 6.3 The radio must be synthesized and frequency programmable and able to operate over the frequency range of 853 960 MHz. All frequency generation shall be 99207.doc 14 RFP #99207, Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Link System done at the operating frequency to simplify tuning procedures and minimize the generation and/or reception of spurious signals. 6.4 The unit shall be able to operate either in keyed mode, as a repeater or with continuous carrier. Each terminal or repeater station and its assigned unit shall operate on a unique transmit/receive frequency pair and on a non -interfering basis with the other systems. 6.5 The Point to Point radios shall be capable of full duplex operation. They shall have multiplexers that will combine all circuits into one signal by use of time division multiplexing for transmission. The received signal shall be demultiplexed into (restored to) individual circuits. All radios must be capable of providing full duplex, synchronous communications and operation at one of the specified data rates (56, 64, 128, 192 or 384 kbps). 6.6 Each unit shall have redundant transmitters, receivers, power supplies, and batteries operating in hot -standby mode. It shall automatically switchover to the standby equipment upon the detection of an alarm in the on-line system. The radio must be capable of switching to operate on any receiver/transmitter combination; switchover must occur in less than 50 ms. It must be possible to replace a TX, RX or Power Supply module without interrupting radio communications. Warm Standby operation is not acceptable. 6.7 The Point to Point Radio Data Link System shall have multiple channel capability to accommodate the master 0 -link (QEI, Inc. SCADA master station communications), diagnostics, a link to the existing 800Mhz two-way radio system, a RTU/PLC local communication link to the SCADA system, and two spare channels, for a total of six channels. 6.8 The unit shall operate in continuous mode (100% duty cycle) 6.9 The radio must be mountable in a standard 19 -Inch rack space. Rack mount hardware must permit flush front mounting for cabinets or center mounting for Telco style racks. The radio chassis must not exceed 10.5 inches (265 mm) high and 19 inches (483 mm) wide and 18 inches (457 mm) deep. 6.10 The chassis must be of modular construction. All modules and fuses and all adjustments to these modules must be accessible from the front of the radio by way of a fold down front panel. The need to remove top or rear covers or remove the radio from a rack to replace the modules or fuses is unacceptable. 6.11 All radios must use N -Type connectors for interface to the antenna and external duplexers. The use of any other connector is unacceptable. 6.12 The radio shall meet the following transmitter specifications: 6.12.1 Output Power (at the duplexer antenna port): 5 watts (+37 dBm) minimum, adjustablefrom +30 to +37 dBm 6.12.2 Duty Cycle: 100%, Continuous 6.12.3 Transmit Frequency: 6.12.3.1 928 - 960 MHz, Standard 6.12.3.2 853 - 928 MHz, Optional 6.12.4 Stability: t 0.00015%, 1.5 ppm from -30° to +60° C 6.12.5 Modulation Type: FM 6.12.6 Emissions Designators: 50KF9W, 100KF9W, 200KF9'W 6.12.7 Spurious/Harmonic Emissions: -60 dBc 99207.doc 15 RFP #99207, Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Unk,System 6.12.8 Output Impedance: 50 Ohms 6.12.9 Keying Options: Continuous or External 6.13 The radio shall meet the following receiver specifications: 6.13.1 Receiver Combining: 6.13.1.1 Baseband audio shall be summed in hot standby configuration to minimize loss of receiver sensitivity due to receiver splitter. 6.13.2 Sensitivity (at the duplexer antenna port): 6.13.2.1 At Optimum deviation settings: 1x10-3 BER 56kbps-87dBm 64kbps-85dBm 128kbps -83d8m 384kbps -78dBm 1x10-6 BER 56kbps-83dBm 64kbps-81 dBm 128kbps -79dBm 384kbps -75dBm 6.13.2.2 At FCC allowed deviation settings: 1x10-3 BER 56kbps-98dBm , 64kbps-96dBm 128kbps -92dBm 384kbps -84dBm 1x10-6 BER 56kbps-98dBm 64kbps-96dBm 128kbps -92dBm 384kbps -84dBm 6.13.3 Frequency Stability: t 0.00015% from -30_C to +60_C- 6.13.4 Receive Frequency: 6.13.4.1 928 - 960 MHz, Standard 6.13.4.2 853 - 928 MHz, Optional 6.13.5 Spurious and Image Rejection: -70 dB minimum 6.13.6 Noise Figure: 6 dB at receiver module connector 6.13.7 Selectivity (EIA): 80 dB at 1300 kHz 6.13.8 RF Input Impedance: 50 Ohms 99207.doc 16 RFP #99207, Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Unk System 6.14 The radio shall meet the following general requirements: 6.14.1 Input Voltage: 6.14.1.1 24 VDC, Standard. 12, 48, 125 VDC; 120/240 VAC, Optional 6.14:1.2 Unit must operate in negative or positive ground systems. 6.14.2 Battery Backup: Redundant 5 Ampre/Hours batteries on AC powered units 6.14.3 Input,Rower: Not to exceed 120 Watts in Hot Standby configuration 6.14.4 Transient Protection:. 2500 -Volt isolation on power supply, keying and alarm circuits 6.15 The radio shall meet the following main data link interface requirements: 6.15.1 Main Link Data Rate: 56, 64, 128 or 384 kbps, Synchronous 6.15.2 TX Data Timing: Selectable: Internal, External, Looped 6.15.3 internal Timing Stability: 50 ppm (Stratum 4) 6.15.4 Data Port Connector: EIA -530 (DB -25), EIA -449/422N.36 (DB -37), or V.35 6.15.5 Loopback: Local and Remote 6.15.6 Bit Erpr Rate (BER ) Indication: Selectable: Indicate each error, or indicate BER > 10-3 6.16 The radio must meet the following physical requirements: 6.16.1 Terrip�rature Range: 6.16:1.1 Full performance from -300 to +60 C. 6.16.2.1 Qperational performance from -40° C to +70° C. 6.16.2 Humidity Range: 0 to 95% relative humidity, non -condensing at +40° C. V 6.17 Alarms, Indicators and Switching 6.17.1 Front Qanel LED indicators must be supplied to annunciate the status of radio and individual redundant components. The following indicators are required for A and B side modules: 6.17.1.1 Transmitter active 6.17.1.2 Transmitter A or B selected 6.17.1.3 Transmitter A or B RF alarm 6.17.1.4 Transmitter A or B phase lock loop out of lock 6.17.1.5 Transmitter A or B alarms 6.17.1.6 . DC power supply A or B alarm 6.17.1.7 Receiver A or B active 6.17.1.8 Receiver A or B alarm 6.17.1.9 Receiver squelch operated 6.117:1.10 Main power A or B indicator 6.17.1.11 Loss of AC power 6.17.1.12 Remote Operation 99207.doc 17 RFP #99207, Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Unk• System , 6.17.2 Front panel switches are required for: 6.17.2.1 A and B side power on/off 6.17.2.2 Select A or B side transmitter or AUTO (Redundant Operation) 6.17.2.3 Select A or B side receiver or AUTO (Redundant Operation) 6.17.2.4 Simulate an A or B side transmitter alarm to test automatic switchover 6.17.3 Digital Interface Indicators (Located on front panel of radio): 6.17.3.1 RTS - Request To Send 6.17.3.2 CTS - Clear To Send 6.17.3.3 TXD - Transmit Data 6.17.3.4 RXD - Receive Data 6.17.3.5 CD - Carrier Detect 6.17.3.6 BER - Bit Error Rate Alarm 6.17.3.7 TM - test mode 6.17.3.8 SEL - modem on line 6.17.3.9 Loopback Mode 6.17.9.10 Select (Active) Unit 6.17.4 Form C dry alarm contact outputs are required to annunciate the following conditions: 6.17.4.1 A side alar condition 6.17.4.2 B side alar condition 6.17.4.3 AC power and/or microprocessor failure 6.17.5 The radio shall provide one form C contact input to accept an external alar contact closure. This input when activated should generate an auxiliary alar to the radio diagnostic system. 6.18 Duplexer 6.18.1 A duplexer, tuned to the specified frequencies, should be supplied with each radio. For transmitter to receiver spacings of 9.0 MHz or greater, the duplexer should be internally mounted. For spacings less than 9 MHz, an external rack -mounted duplexer with interconnecting cable shall be supplied. Cables are to be RG -213 or equivalent, with N connectors. 6.19 Terminal/Repeater Station Options 6.19.1 Space diversity shall be available, as an option. When configured for space diversity, both transmitters and one receiver will be connected to one antenna with the second receiver connected to a separate antenna. 6.19.2 Transmitter isolator to minimize intermodulation products at multi - transmitter sites shall be available as an option. 6.19.3 Directional RF coupler panel shall be available. The coupler panel shall provide an isolated port in order to monitor the transmitted RF signal without interrupting radio link communications. 99207.doc 18 u RFP #99207, Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Link System 6.20 Radio System Diagnostics 6.20.1 The radio shall include system diagnostic capability to permit continuous or scheduled automatic monitoring of key radio operating parameters and alarm conditions. In addition, critical radio status and alarm conditions must be annunciated on LED Indicators on the front panel of the radio. 6.20.2 Diagnostic software must operate under Microsoft Windows to enable an IBM compatible personal computer (PC) to communicate with the radio diagnostics controller via a separate RS -232 diagnostic port on the point- to-point radio. The PC with software will serve as a central diagnostic reporting tool for the entire point-to-point radio system for up to 256 radio stations. The need for an external interface module or "black box" to Interface the PC with the radio is unacceptable. 6.20.3 The diagnostic package must support communications of diagnostic data from all radios in the system to a central PC using a dedicated multiplex channel. (The multiplex equipment is not included in the radio.) 6.20.4 Diagnostic software must be able to accommodate any combination of communications links to remotely located master or repeater stations. Software must automatically connect to all master stations in the radio system via dedicated modem, dial up modem, or hard wired RS -232 link. Each radio station must have a unique diagnostic address. 6.20.5 All status and alarm information obtained from the radio system must be displayed on CRT screens, and if required, printed or archived to data base files for future recall and analysis. As a minimum, diagnostic software must have the following features: 6.20.5.1 A Windows= based Graphical User Interface (GUI) 6.20.5.2 Single screen view of all the status of all radios in the system 6.20.5.3 Universal tab -delimited Equipment Lists and Diagnostic Report files may be accessed by spreadsheet and graphing programs 6.20.5.4 The ability to trend any monitored radio parameter (i.e.: RSSI, temp., VSWR) using EXCEL software (or similar spread sheet Program) 6.20.5.5 User settable alert/alarm conditions—based on limits and parameters 6.20.5.6 Upgrade utility to easily convert existing MDS equipment lists for compatibility with the new diagnostic package 6.20.5.7 Software versions optimized for 640 x 480 displays and for 1024 x 768 displays 6.20.5.8 Context sensitive help screens 6.21 Diagnostic data and control functions are as follows: 6.21.1 Master/Repeater Station Hot Switch -over Diagnostics must provide the following functions: 6.21.1.1 Monitor and display the operation and status of redundant transmitters, receivers and power supplies and automatically switch over to standby radio upon failure. All modules must be continuously monitored while on line and in standby states. 99207.doc 19 RFP #99207. Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Unk_System Warm standby operation, in which one module is turned off or is not being monitored at all times is unacceptable: 6.21.1.2 Remotely switch to the alternate transmitter or receiver to permit remote trouble shooting of radio hardware and software. 6.21.1.3 Remotely test the hot standby switchover logic and alarm reporting logic. 6.21.1.4 Monitor and display power supply voltage, current and transmit power of redundant power supplies and transmitters. 6.21.1.5 Monitor and display received signal strength and peak baseband levels. 6.21.1.6 System diagnostics shall be performed by connecting a PC•to the radio's Diagnostic Port. Opening the radio, changing modules, changing DIP switches or requiring an external diagnostic interface unit Is unacceptable. 6.21.1.7 The radio shall be MDS 9600 Digital Point -to -Point radio, manufactured by Microwave Data Systems, or equal. 6.22 Directional Antenna 6.22.1 The Vendor shall supply and install all required antennas for the point-to- point radio system to minimize interference both to and from nearby systems and to meet FCC regulations. A directional antenna must be used for point-to-point systems to minimize interference both to and from nearby systems and to meet FCC regulations. Antennas must be of the parabolic dish or cylindrical type, such as: Manufacturer Andrew Andrew Scala Mark DB Products 6.23 `Transmission Cable Model P6 -9C (Solid Dish) GP6F-890A (Grid Dish) PR-950CU (Grid Cylindrical) P-9A72G (Grid Dish) DB496 (Grid Cylindrical) 6.23.1 The Vendor shall supply and install all transmission cable and connectors necessary for the radio system. 6.23.2 Use transmission cable connecting the radio antenna port with the antenna which is the low -loss foam -dielectric type. 6.23.3 Provide a 3 -foot section of "superffexible" transmission cable at the radio antenna port. Provide standard Type N connectors for connection to a continuous piece of cable extending to the antenna. 6.23.4 Provide weatherproof transmission cable suitable for direct environmental exposure. Use "O" ring seals on connectors. 6.24 Installation 6.24.1 The Vendor shall completely install the specified point-to-point radio system. Installation shall include appropriate grounding and 'state of the art" lighting/surge protection for all necessary components. Installation shall include furnishing all miscellaneous components, parts and other materials needed for completion of installation of the radio system. 99207.doc 20 RPP #99207, Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Link System 7 EQUIPMENT VERIFICATION 7.1 Vendor must demonstrate radio system performance through: 7.1.1 Providing references from 10 MAS spread spectrum systems operating at 4800 bps, 9600 bps, and 19,200 bps. Include Company name, contact and phone number. 7.1.2 Vendor must demonstrate a MAS spread spectrum system operating at 4800 bps, 9600 bps, and 19,200 bps with error rates as per specifications. 7.1.3 Providing references from 10 point-to-points systems operating at 384 kbps. Include company name, contact and phone number. 7.1.4 Vendor must demonstrate a point-to-point system operating at 384 kbps with a bit error rates as per specifications. 8 SPARE PARTS 8.1 Vendor must include a complete itemized list of radio system spare parts including pricing for both the MAS spread spectrum systems and the point-to-point system. The total RFP price quotation shall Include all the recommended spare parts and shall include at least 20 spare remote spread spectrum radios. 9 TEST EQUIPMENT 9.1 Vendor must include a complete list of all test equipment, extender boards, and interface equipment for maintenance and diagnostic testing for the MAS spread spectrum systems and the point-to-point system. 9.2 Vendor must furnish a list of suppliers from whom all test equipment may be purchased. 10 FEDERAL COMMUNICATIONS COMMISSION (FCC) LICENSE 10.1 The City of Lubbock currently holds a license for a 928/952 MHz channel pair for Water Utilities point -to -multipoint radio system. This license (number 005435-100) is valid through 1/28/2008. It shall be the successful vendor's responsibility to assist the City of Lubbock in the preparation and completion of all required licensing documents to obtain all necessary FCC licenses, as required for the specified radio systems. Fees for frequency coordination and FCC filing will be paid by the City. 10.2 The vendor shall coordinate all activities associated with FCC license application to ensure successful and timely FCC license attainment and radio frequency assignment for the City of Lubbock. Completion of frequency coordination and FCC license documents shall be accomplished within 60 days of contract award. Delivery of the proposed systems requiring FCC licenses is contingent upon the City of Lubbock attaining a valid and appropriate FCC license. 11 YEAR 2000 COMPLIANCE 11.1 Notwithstanding any provisions contained In these specifications, all hardware, software and firmware products delivered and service provided shall provide fault - free performance and fault -free results in processing the date and date -related data (including, but not limited to calculating, comparing and sequencing). All vendors shall warrant that the year 2000calculations will be recognized and accommodated and will not, In any way, result in hardware, software or firmware failure. The City of Lubbock, at Its sole option, may require the vendor, at any time, to demonstrate the procedures it intends to follow in order to comply with this requirement. 99207.doc 21 RFP #99207, Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Unk System 11.2 The requirements contained herein apply to products and services provided by the vendor, its suppliers or any third party involved in the creation and development of the products and services to be delivered to the City of Lubbock. 11.3 Any proposal that falls to comply with these requirements may be removed from consideration by the City of Lubbock, at its sole option. 12 PROPOSAL FORMAT 12.1 Proposals should provide a straightforward, concise description of the Proposer's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the ,City. ............. . 12.2 The original copy of the proposal should be bound in a single volume where practical. All documentation submitted with the proposal should be bound in that - single volume. 12.3 If the proposal Includes any comment over and above the specific information requested in the RFP, it is to be included as a separate appendix to the proposal.. 12.4 The original copy of the proposal must be organized into the following response:: - item sections and submitted in an Indexed binder. 12.4.1 Cover letter addressed to the Honorable Mayor and City Council that states the Proposer's understanding of the services to be provided. Include any additional information believed necessary that is not requested elsewhere in the RFP. 12.4.2 A description of the methodology to be used to complete the project to include, but not be limited to, how recommendations will be formulated and commitment of adequate appropriate resources to the project. 12.4.3 Proposer's specific expertise in areas pertinent to the project to include a fisting and brief description of similar projects completed (with the dates of completion) or in progress and a list of references by name, address, and telephone number for each project listed. This list of projects in progress shall include the phase of work that each project is currently in (i.e. design, bid, construction), and the estimated completion date. 12.4.4 A brochure of past work, with emphasis on comparable projects. 12.4.5 List of principal(s) of the Proposer and amount of time that principal(s) will be involved in the project. 12.4.6 List of other professionals to be used, if applicable, with a recons of experience in projects of this nature. Identification of principal(s) and percentage of time the principal(s) will be involved in the project. 12.4.7 The organizational structure of the employees who will be assigned to this project along with resumes of those individuals. If a joint venture is expected, then provide the organizational structure of the sub -contractor and resumes of those persons who will be involved in the project. 12.4.8 The Proposer must assure the City that he/she will to the best of his/her knowledge, information and belief, be cognizant of, comply with, and enforce, where applicable and to the extent required, all applicable federal or state statutes and local ordinances including, but not limited to the Davis -Bacon Federal minimum wage requirements. 12.4.9 Describe the Proposer's methodology for handling errors and omissions. 99207.doc 22 RFP #99207, Spread Spectrum Multiple Address Radio System and Point -to -Point Radio Data Unk System 12.4.10 Disclosure of any obligations posing a potential conflict of interest, including service on City boards and/or commissions and any current contracts with the City of Lubbock. This would apply to the Proposer as well as consultants subcontracted by the Proposer. 12.4.11 Any material which the proponent wishes to submit and which is not specifically requested In the above categories. 12.4.12 Proof of Professional Liability Insurance. The successful proposer must provide the following insurance prior to contract execution in the limits Indicated. 12.4.12.1 Commercial General liability. The Contractor shall maintain Commercial General Liability coverage endorsed to include premises/operations, contractual liability, Independent contractors', completed operations, and pollution coverage. The policy shall have a minimum of One Million and no/100 Dollars ($1,000,000) combined single limit In the aggregate and per occurrence. 12.4.12.2 Comprehensive Automobile Liability. The Contractor shall maintain Commercial Automobile Liability coverage with a minimum of One Million and no/100 Dollars ($1,000,000) combined single limit for Bodily injury and Property Damage and shall include any auto or in the alternative, owned autos, non -owned autos and hired autos. 12.4.12.3 Workers' Compensation and Employers Liability. The Contractor shall maintain Workers' Compensation and Employer's Liability insurance coverage in the amount of Five Hundred Thousand and no/100 Dollars ($500,000). 12.4.12.4 Subcontractors. The Contractor shall require each subcontractor with whom it contracts to provide activities as contemplated by this Contract, to obtain proof of insurance coverage as set forth herein, and to provide to Contractor, prior to such person performing any such activities, a Certificate of Insurance establishing such coverage. 12.4.13 All insurance, other than Workers' Compensation, shall provide a waiver of subrogation in favor of the City of Lubbock, and shall contain cross liability and severability clauses. The City of Lubbock shall be listed as an additional insured on the Automobile and General Liability policies. 99207.doc 23 / ADAPTIVE 6ROADDAND 5.0 Specification Compliance Response Proposal for Spread Spectrum MAS and PTP Radio Link System Only areas of non-compliance or clarifications are present in the compliance response. All other sections of the Instructions to Offerors and Minimum Specifications are complied to. Instructions to Offerors Section Response 10.0 ADAP's sole and exclusive representations and warranties regarding Year 2000 2.0 compliance are set forth in its web -site at www.adaptivebroadband.com, "support", 3.0 "Y2K". General Note to Instructions: This response is subject to ADAP's Standard Terms and Conditions of Sale, a copy of which is attached to this response, or negotiation of a definitive agreement containing those or other agreed upon terms. Minimum Specifications Section Response 1.0 Noted 2.0 Noted 3.0 Noted 4.0 Comply on all section except as noted. 4.8 The SCADA system must be fully operational. ADAP is not responsible for delays due to the SCADA system functionality. 4.10 ADAP provides nocharge telephone technical support for it's products. Support is provide during ADAP's normal business hours, 8:30 a.m. to 5:00 p.m. EST. 4.11 The radios are capable of operating with other radio systems located at least four channels away from the radios operating frequency. Interference on un -licensed channels cannot be eliminated. 5.0 Comply on all section except as noted. 5.15.1.2 The Tx Supply Current is <500 mA. 5.19.1 The P-70 package model has a PLC mounting area of 114 sq. in. The actual mounting area is 8" H x 14.25" W x 6.75" D. This area will accomodate most PLC's. 6.0 Comply on all section except as noted. 6.13.2 The FCC and optimum deviation sensivities listed in the specification are reversed. 6.7 ADAP has configured the system to provide the required number of channels. All channels will terminate at the Water Treatment Plant. 6.14.1.1 ADAP has quoted the system with a —48Vdc battery back-up system for all equipment. 6.14.2 The internal battery back-up option has been deleted from the MDS 960D radios. 6.22 The system has been quoted using Scala PR -960 Paraflector antennas. D43209 Use or disclosure of the data enclosed herein Is subject to the PROPRIETARY DATA restriction on the Title Page of this document Page 10 E ADAPTIVE BROADBAND Proposal for Spread Spectrum MAS and PTP Radio Link System Section Response 7.0 References are included in section 8.0 of the ADAP proposal. 8.0 Spares have been included in the equipment pricing. A list of recommended test equipment is included in section 8A of the ADAP proposal. I9.0 10.0 Completion of the frequency coordination and licensing may exceed 60 days. The time required to obtain licensing is outside the control of ADAP. 11.0 ADAP's sole and exclusive representations and warranties regarding Year 2000 compliance are set forth in its web -site at www.adaptivebroadband.com, "support", "Y2K". 12.0 The ADAP proposal is organized to ADAP's standard proposal format. 12.4.3 See proposal section 2.0 and section 8.0 of the ADAP proposal. 12.4.4 See proposal section 2.0 of the ADAP proposal.. 12.4.5 See proposal section 8.0 of the ADAP proposal. 12.4.9 ADAP proposes to conduct a site survey and design review for the project. The design review will provide the final system design. D43209 Use or disclosure of the data enclosed herein is subject to the Page 1 PROPRIETARY DATA restriction on the Title Page of this document g