HomeMy WebLinkAboutResolution - 2017-R0267 - Bearcom Operating - 08/10/2017Resolution No.2017-R0267
Item No.6.10
August 10,2017
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock,Contract No.13188 for Licensed Wireless Microwave
Solutions as per RFP 17-13188-SS,by and between the City of Lubbock and Bearcom Operating,
LLC,of Deer Park,Texas,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 on August 10, 2017 .
ATTEST:
QjL.^
Rebfcca uarza,City Secretary
I
APPROVED AS TO CONTENT
4-^>o<dTAssistaiMarkYeVwooCAssistant City Manager
APPROVED AS TO FORM:
Ryan Brooke,Assistant City Attorney
RES.Contract-13188-Bearcom
07.17.17
DANIEL M.POPE,MAYOR
Resolution No. 2017-RO267
City of Lubbock, TX
Licensed Wireless Microwave Solution
Service Agreement
Contract 13188
This Service Agreement (this "Agreement") is entered into as of the loth day of August, 2017
("Effective Date") by and between Bearcom Operating, LLC. (the Contractor), and the City of Lubbock
(the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposal 17-13188-SS Licensed Wireless
Microwave Solution.
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best
meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent Contractor to provide Licensed
Wireless Microwave Solution, upon terms and conditions maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City
and Consultant agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A — Scope of Work
3. Exhibit B — Best and Final Offer — Attachment A
4. Exhibit C — Insurance
Scope of Work
Contractor shall provide the services that are specified in Exhibits A - C. The Contractor shall comply with
all the applicable requirements set forth in Exhibits A - B attached hereto.
Article 1 Services
1.1 The agreement shall be a one-time service, said date of term beginning upon formal
approval. The City of Lubbock does not guarantee any specific amount of compensation,
volume, minimum, or maximum amount of services under this proposal and resulting
contract.
1.2 This agreement shall remain in effect until the first of the following occurs: (1) the
expiration date, (2) performance of services ordered, or (3) termination of by either party
with a 30 day written notice. Such written notice must state the reason for cancellation. The
City of Lubbock reserves the right to award the canceled contract to the next lowest and
best bidder as it deems to be in the best interest of the city.
1.3 The Contractor shall not assign any interest in this Agreement and shall not transfer any
interest in the Agreement, whatsoever, without prior consent of the City.
1.4 All funds for payment by the City under this Agreement are subject to the availability of an
annual appropriation for this purpose by the City. In the event of non -appropriation of funds
by the City Council of the City of Lubbock for the goods or services provided under the
Agreement, the City will terminate the Agreement, without termination charge or other
liability, on the last day of the then -current fiscal year or when the appropriation made for
the then -current year for the goods or services covered by this Agreement is spent,
whichever event occurs first. If at any time funds are not appropriated for the continuance
of this Agreement, cancellation shall be accepted by the Contractor on 30 days prior written
notice, but failure to give such notice shall be of no effect and the City shall not be
obligated under this Agreement beyond the date of termination.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in
accordance with the laws of said State, without reference to choice of law provisions. This
Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.2 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof. No amendment or modification of the terms of
this Agreement shall be binding upon the parties unless reduced to writing and signed by
both parties.
2.3 This Agreement may be executed in counterparts, each of which shall be deemed an
original.
2.4 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.5 The waiver of a breach of any provision of this Agreement by any parties or the failure of
any parties otherwise to insist upon strict performance of any provision hereof shall not
constitute a waiver of any subsequent breach or of any subsequent failure to perform.
2.6 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or the
City to any successor only on the written approval of the other party.
2.7 All claims, disputes, and other matters in question between the Parties arising out of or
relating to this Agreement or the breach thereof, shall be formally discussed and negotiated
between the Parties for resolution. In the event that the Parties are unable to resolve the
claims, disputes, or other matters in question within 30 days of written notification from the
aggrieved Parry to the other Parry, the aggrieved Parry shall be free to pursue all remedies
available at law or in equity.
2.8 At any time during the term of the agreement, or thereafter, the City, or a duly authorized
audit representative of the City or the State of Texas, at its expense and at reasonable times,
reserves the right to audit Contractor's records and books relevant to all services provided to
the City under this Agreement. In the event such an audit by the City reveals any errors or
overpayments by the City, Contractor shall refund the City the full amount of such
overpayments within 30 days of such audit findings, or the City, at its option, reserves the
right to deduct such amounts owing the City from any payments due Contractor.
2.9 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a
court of competent jurisdiction. Further, the City shall not be subject to any arbitration
process prior to exercising its unrestricted right to seek judicial remedy. The remedies set
forth herein are cumulative and not exclusive, and may be exercised concurrently. To the
extent of any conflict between this provision and another provision in, or related to, this do.
2.10 The Contractor shall not assign or sublet the agreement, or any portion of the agreement,
without written consent from the Director of Purchasing and Contract Management.
Should consent be given, the Contractor shall insure the Subcontractor or shall provide
proof of insurance from the Subcontractor that complies with all agreement Insurance
requirements document, this provision shall control.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
CITY OF LUBBOCK, TX:
Daniel M. Pope, M or
ATTEST:
Re It
ca Garza, City Secretary
APPROVED AS TO CONTENT:
Mark Yea od, Assistant City Manager
APPROVED AS TO FO
R n ooke, 4Cssistant City Attorney
CONTRACTOR:
Contractor's S' ,ture
(rl I i<E �Gl/cS
Printed Name
Title
Exhibit A
City of Lubbock, TX
RFP 17-13188-SS
Licensed Wireless Microwave Solution
SCOPE OF WORK
The Contractor shall furnish Licensed Wireless Microwave solution complying with the following
specifications:
1. Microwave system must have a through put of 350 MBs end to end.
2. Licensed spectrum preferred. All licenses must be obtained by vendor on behalf of City.
3. All systems must be able to perform at or above 99.999% efficiency for the area.
4. All vendors must perform all Path Loss studies for proposed equipment and present to City upon
award.
5. All vendors will provide recommended cable requirements for their proposed equipment.
6. All vendors will furnish separate quotes for each different Microwave Path.
7. All vendors must furnish training to City of Lubbock Radio Staff in programing and aligning of
systems.
8. All system must be capable of data and voice communications.
The City will furnish all installation of equipment at all sites. All IP and addressing will be furnished by
City IT personnel.
Exhibit B
Best and Final Offer
City of Lubbock, TX
RFP 17-13188-SS
Licensed Wireless Microwave Solution
ATTACHMENT A
Proposer's Name: �EprC6(n
1. New Water Reclamation Plant to Sunset Tower
This is a Microwave path to connect Water Reclamation Plant to City Network
Water Reclamation Plant approximate height 40 feet
Latitude: 33 °3 8' 17.72 "N
Longitude: 101 °55'26.79"W
Sunset Tower approximate height 585 feet
Latitude: 33 °34' 12.2 "N r
Longitude: 101 °59'20.8"W TOTAL $ l a� 100
2. Sunrise Tower to North Tower, North Tower to Sunset Tower, Sunset Tower to South
Tower, South Tower to Sunrise Tower
This will be a Microwave ring connecting all the towers to each other.
Sunrise Tower approximate height 585 feet
Latitude: 3394' 14.1 "N
Longitude: 101 °48'8.3"W
North Tower approximate height 300 feet
Latitude: 33 °36'S.3 "N
Longitude: 101 °50'16.6"W
Sunset Tower approximate height 585 feet
Latitude: 33 °34' 12.2 "N
Longitude: 101 °59'20.8"W
South Tower approximate height 300 feet
Latitude: 33 91'20.3 "N
Longitude: 101 055'21.6"W TOTAL
3. Sunrise tower to Muleshoe water fields.
Sunset Tower approximate height 585 feet.
Latitude: 33.34.12.2"N
Longitude: 101.59.20.8"W
Shallowater Tower Site Approximate Height 100 feet
Latitude: 33.42.52.0"N
Longitude: 102.01.44.0" W
Littlefield Tower Site Approximate Height 100 feet
Latitude: 3 3.53.3 5.3 5 "N
Longitude: 102.16.52.0"W
5 a , 55 i e(wipme/v
Amherst Tower Site Approximate Height 100 feet
Latitude: 34.00.38"N
Longitude: 102.26.35.66"W
Muleshoe Tower Site Approximate Height 285 feet
Latitude: 34.08.28.0"N
Longitude: 102.37.6.35"W
Due to the size of the towers and loading considerations, we would like this path to be reconfigured.
Minimum speed is 100 Mbs through put on all links.
Dish size must be keep under 2.5 feet.
Shallowater Tower, Littlefield and Amherst are Rohm 25 towers so wind loading is to be keep to a
minimum.
Will accept 99.95 reliability on these links only.
If none of this can be accomplished with the maximum size dish of 2.5 feet or less please give us your
best pass through estimate with this configuration.
TOTAL $ 5 3 i Say C&O'�MJV7
4. Muleshoe Tower to Muleshoe Water Tower
Muleshoe Tower approximate height 285 feet
Latitude: 34"08'53.0"N
Longitude: 102038' 12.0"W
Muleshoe Water Tower approximate height 324 feet
Latitude: 34010'33.0"N
Longitude: 102054'27.0"W TOTAL $ 3,5 EQ�tP�E
Prepared by:
Title: ?�,oCARA n �`(\ �N►�C1LR�
Date: — �"
Exhibit C
City of Lubbock, TX
RFP 17-13188-SS
Licensed Wireless Microwave Solution
Insurance Requirements
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate
to the City, which shall be completed by an insurance broker and shall include evidence of the required insurance coverages.
THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE
SHALL HAVE BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of
this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when
deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the
industry as well as the Contractor.
SECTION C. The Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and
acceptable to the City, in the following type(s) and amount(s):
INSURANCE (Copies of Endorsements will be Required)
TYPE OF INSURANCE
GENERAL LIABILITY
® Commercial General Liability ❑ Other
❑ Claims Made ® Occurrence
❑ W/Heavy Equipment ❑ XCU
❑ To Include Products of Complete Operation Endorsements
CRIME POLICY
❑ Crime Policy
AUTOMOTIVE LIABILITY
® Any Auto per Occurrence
EXCESS LIABILITY
❑ Umbrella Form
GARAGE LIABILITY
❑ Any Auto
COMBINED SINGLE LIMIT
General Aggregate $1,000,000
Products-Comp/Op AGG X
Personal & Adv. Injury X
Contractual Liability X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
General Aggregate
Combined Single Limit $1,000,000
Each Occurrence
Aggregate
Auto Only - Each Accident
Each Accident Aggregate
❑ BUILDER'S RISK ❑ 100% of the Total Contract Price
❑ INSTALLATION FLOATER ❑ 100% of the Total Material Costs
❑ POLLUTION
❑ CARGO
® WORKERS COMPENSATION — STATUTORY AMOUNTS
OR OCCUPATIONAL MEDICAL AND DISABILITY $1,000,000
® EMPLOYERS' LIABILITY $
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis.
® To include products of completed operations endorsement.
® Waiver of subrogation in favor of the City of Lubbock on all coverages, except
The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include waivers
of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable endorsements
are required.
ADDITIONAL POLICY ENDORSEMENTS
The City shall been, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may
make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the
underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to
accomplish such changes in policy coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance
will contain and state, in writing, on the certificate or its attachment, the following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the
interest of each insured may appear) as to all applicable coverage;
b. Provide for 30 day notice to the City for cancellation or, nonrenewal of any required insurance.
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected
representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by
the proceeds of insurance;
e. General Liability insurance shall include contractual liability coverage sufficient to include such obligations within
applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days
prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 13t' Street, Room 204
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not
relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents.
Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2017-160858
Date Filed:
02/01/2017
Date Acknowledged:
07/17/2017
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Bearcom Operating, LLC
Deer Park, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 17-13188-SS
Microwave hardware, installation and engineering/project management services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
corms proviaea by i exas ttnics commission www.ethIcs.state.tx.us Version V1.0.277
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2017-160858
Bearcom Operating, LLC
Deer Park, TX United States
Date Filed:
02/01/2017
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 17-13188-SS
Microwave hardware, installation and engineering/project management services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
MIC, Stat GOLDENublic, State of Texasommission Expiresember 14, 2019 Signa a of authorized agent of contracting business entity
Iffimml
AFFIX NOTARY STAMP / SEAL ABOVE
I�
Sworn to and subscribed before me, by the said �V this the day of
20 , to certify which, witness my hand and seal of o+ e.
INa l' �� 1 �j ' (,,VI� all
S ature of officer administering oath Printed n0ne of officer administering oath Ti e of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2017-248270
Date Filed:
08/10/2017
Date Acknowledged:
08/11/2017
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Bearcom
Deer Park, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13188
Microwave Communication Equipment
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
Bearcom
Deer Park, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
Complete Nos. 1 - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2017-248270
Bearcom
Deer Park, TX United States
Date Filed:
08/10/2017
2 Name of governmental entity or state agency that is a party tot the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13188
Microwave Communication Equipment
Party
4 Name of Interested P
City, State, Count lace of business
ty, Country (p )
Nature of interest
(check applicable)
Controlling
I Intermediary
g8q�_
Mates 4i tiCr
5 Check only if there is NO Interested Party.
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
=GOMEZN0Mes
Signatur o authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Swor and subscribed before me, by the said this the day of
2011, to certify which, witness my hand and seal of Ace.
C �
Signature of offic adminis er' g Printed name of officer administering oath Title of offic administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us version V1.U.883