HomeMy WebLinkAboutNORTHERN DIGITAL - 2006-07-21•
�CONTRACTS SUBMITTAL TO
CITY CLERK'S OFFICE
To: JOAN FLYNN, City ClerkCm
PR
CA
Name of Contractor: Northern Digital ~ j
Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park
Sewer Lift Station Radio Path Study
Amount of Contract: Not to exceed $28,090.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
❑
Initiating Dept. ❑ to Risk Management
❑ ORIGINAL bonds sent to Treasurer ❑
Date:
Name/Extens' n -�
City Attorney's Office
i
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Northern Digital
FOR
Sewer Lift Station Radio Path Study / Field Survey
Y
THIS AGREEMENT ("Agreement") is made and entered into this 5 day of
ilk 20 06, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
Northern Digital . a California
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
perform a radio path study / field Survey ;and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates James Lichtman who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agree/forms/profserv10/1510I-A I
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM, TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY (the
"Commencement Date"). This Agreement shall expire on September 30, 2007 , unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than 360 days from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
Twenty-eight thousand ninety Dollars 28,0'90.00 )•
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
agree/forms/profserv10/15101-A 2
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
agree/forms/profserv10/1510I-A 3
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
agree/forms/profsery 10/ 15/0 1 -A 4
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
agree/forms/profsery 10/15101-A 5
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
agme/forms/profservl0/15/01-A 6
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Michael Fry
2000 Main Street
Huntington Beach, CA 92648
(714) 536-5206
17. CONSENT
TO CONSULTANT:
Northern Digital
Attn: James Lichtman
5555 Business Park South, Suite 100
Bakersfield, CA 93309
(661) 322-6044
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
agree/forms/profserv10/15/0I-A 7
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
sha11 be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
agree/forms/profserv10/15101-A 8
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either parry to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
agree/forms/profservl0/15/01-A 9
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non -prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/forms/profsery 10/15101-A 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
CONSULTANT,
CITY OF HUNTINGTON BEACH,
Northern Digital, Inc, a municipal corp o tion of the State of California
Director of Public Works
By` (Pursuant To HBMC §3.03.100)
Martin obermire
print nam
ITS: (circle one) Chairm residen ice President
AND
P,Y:-. I IL�LJ -
Monica Hummel
print name.
ITS: (circle one) Secretary Chief Financia Asst.
Secretary — Treasurer
agree/forms/profsery 10/15/0 I -A 11
APPROVED AS TO FORM:
City Attorney ���ti�lO
REVIEWED ANh APPROVED:
City Adrhinistrator
(only for contracts $50,000. 00 and over)
Exhibit "A"
Scope of Services/Proposal
a
June 23, 2006
City of Huntington Beach
Water Operations
19002 Huntington Street
Huntington Beach, CA 92648
Attn.: Mike Fry
Water Operations Supervisor
RE: Sewer Lift Station Radio Path Study /Field Survey
Project: Northern Digital's Proposal #20428-00
Northern Digital, Inc. (NDI) is pleased to submit this budgetary proposal to provide 1&C
Consulting Services to perform a Radio Path Study and Radio Site Survey for twenty-
seven (27) remote sites located throughout the city of Huntington Beach. The radio
equipment used to conduct the site survey will be Alligator Radio 900 MHZ & 1.4 GHz
radio systems, provided by the City.
The following outlines the consulting services provided by NDI.
Task # Scope of Services PM Eng
Task Conduct a site visit to inspect the 27 site locations
#1 and note any radio path obstructions. Take GPS 4 16
readings at the 27 sites.
Task Perform a software generated point-to-point Radio
# 2 Path Study of the 27 radio sites to determine
probable radio paths and signal strengths. Design 8 45
review meeting to review results with City.
Task Configure the testing equipment. NDI will
#3 configure 2 x testing stations such that the
Standard Automation I/O driver can poll the
stations via the 900 MHz and 1.4 GHz radio 40
networks. This task will require the support of a
City representative to help with the equipment and
testing. Develop small testing screen in WW.
20428-00 HB - SLS Radio Survey.doc Page 1
Task Based on the analysis of the Radio Path Study,
# 4 NDI will conduct an on -site radio survey of the 27
sites to the repeater station. Packets of data will be
sent/received from the site to the repeater at 4 81
various antenna heights. The results of the survey
will be logged for analysis and reporting. This task
will require the support of a City representative to
help with the equipment and testing.
Task Analyze the data from the on -site radio survey and
# 5 generate a report of the findings and 4 32
recommendations.
Task Contingency 20
#6
Estimated Budget Hours: 24 234
Pricing:
The Budgetary Pricing to provide the consulting services as defined in this proposal
including travel and subsistence cost are:
Total T&M Not To Exceed Price: $28,090.00
Payment Terms:
Progress payments required. Monthly billing based on percent complete. Payment due
net 30 days from date of invoice. All invoice amounts, which are 30 days past due will be
subject to an interest penalty of 1.5% per month or the highest interest rate allowed by
law.
Thank you for your interest in our services. If you have any questions or if we can be of
further assistance, please give me a call @ (661) 322-6044 Ex 241.
Sincerely,
James Lichtman
Project Manager
20428-00 HB - SLS Radio Survey.doc Page 2
Professional Service, Other Services Contracts Included
in FY 2005-06 Budget
Business
Department Description Amount Unit
Construction management/supplementals/design 150,000 51189002
Construction management/supplementals/design
25,000
81490007
Construction management/supplementals/design
500,000
83991022
Construction management/supplementals/design
50,000
87390009
Construction support /supplementals/design/real estate row
80,000
87890001
Construction management/supplementals/design
225,000
89090003
Design; site studies Talbert Lake
390,000
89085201
Construction management/supplementals/design
100,000
89288003
Economic Development Conference & Visitors Bureau
400,000
10080101
Consultants/Events
20,000
10080101
Graphics
4,000
10080101
Appraisals
5,000
10080501
Property Management
10,000
10080501
Consultants
85,000
10080501
Consultants
5,000
51080501
Graphics
2,000
30580101
Economic Analysis
100,000
30580101
Consultants
200,000
30580101
Economic Analysis
40,000
30680301
Consultants
25,000
30680301
Economic analysis and other services
100,000
31580101
Consultants
48,000
86880301
Appraisals, Related Services
17,000
86880301
Consultants
30,000
86880302
Police Department Crime Prevention consultant
10,000
10070103
Background Services
2,000
10070109
Polygraphs
25,000
10070109
Background Investigation
21,900
10070109
Psychological Services
30,000
10070109
Legal Consultation
4,000
10070110
Gang Services
57,607
10070201
Medical Exams
26,232
10070203
Juvenile Counseling
91,131
10070203
Police Composites
1,500
10070203
Background Services
900
10070204
Medical Exams
450
10070204
Medical Exams
1,200
10070208
Citation processing
170,000
10070209
Document Description
8,000
10070302
Blood Draws
25,000
10070601
Contract Law Enforcement
48,000
10071002
Domestic Violence Counseling
62,000
See note 1
Towing Service
1,500
10070601
Towing Service
1,500
10070202
Towing Service
4,000
10070203
Note 1
This is a new grant and the business unit number is pending the grant award letter and approved RCA
27
Proposal Summary
Northern Digital Inc.
A B C D
E F
16
`� I
.. `w :.y c4 Y , JT L,,.�� k- y leij��
1000 Consulting Labor 4
-. R £! -- �y .�+_�`'.✓ £i
$28,090.00
17
19
20
$ 28,090.00
$ -
21
$ 460
$ -
22
1005
Contingency
Labor
20
$ 2,100
$
23.1010
Project Management
Labor
24
$ 2,760
$ -
24
1020 lGather
System Info (GPS.pictures)
Labor
16
$ 1,680
$ -
25
1030
Preliminary RFCAD System Design
Labor
45
$ 4,725
$ -
26
1040
RTU Configuration & Setup
Labor
40
$ 4,200
$ -
27
1050
Site Survey & Testing 27 sites
Labor
81
$ 8,505
$ -
28
1060
Final Design Report & Recommendations
Labor
32
$ 3,360
$ -
29
3000
Travel and Expense Site #1
Travel & Expense
20
$ 300
$ -
30
M32
Job 20428-00 HB Radio Survey.xls 1 of 1 Proposal Summary
EXHIBIT "B"
Payment Schedule (Alternative #1)
1. Charges for time during travel are normally not reimbursable and will only be paid if
such time is actually used in performing services for CITY or as otherwise arranged with CITY.
2. CONSULTANT shall be entitled to progress payments toward the not to exceed fee
of $28,090 and in accordance with completion of the tasks as outlined in the Scope of Services
Exhibit "A."
3. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each progress payment due.
Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
5) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the
schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
5. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
jmp/contracts group/exB-in/5/06
EXHIBIT B
Alternative #1
SO INSURANCE AND INDEMNIFICATION WAIVER
, a
MODIFICATION REQUEST
1. Requested by: Christ Mendoza, Risk Managemen#
2. _Date: June 20 2006
i,3. Name of contractor/permittee, Northern Digital_ Inc
4. Description of work to be performed' Installation and testing of "Alligator' radios _ to
operate between City Hall and Water Operations to install 2 x ya i antennas above Water
Operations, run 12 heliax Gable, install M-series Megaframe Min_ Data N@!Work cabinet in
control room, install 2 x omni 1 x yagi antennas at City Hall and build 2 radio testing
panels.
5. Value and length of contract: $7,21,5; two (2) months
6_ Waiver/modification request: $5.000/$25,000 deductibles general/professional liabiit y_
1. Reason for request and why it should be granted: unable_ to comply with the cit. 's zero
deductible and cancellation clause wording insurance requirements
8. Identify the risks to the City in approving this waiverlmodification: None
r� 74 0 t,
Department Head Signature •. __r� _ Date:
E�
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management a City A orney's Office disagree.
Management
KApproved ❑ Denied°/ d�
Signature ate
2. City Attorney's Office
A roved D Denie,�L—
Signature Date
3. City Administrator's Office
D Approved ❑ Denied
Signature ..� Date .�.�.
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's office along with the contract for approval. Once the contract has been approved,
this form is to be filed v*h the Risk Management Division of Administrative services
z•d
2129-9es-41L swa2sRs u012ew.OJUJ
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PRODUCER (661)834-6222 FAX (661)281
Walter Mortensen Insurance, Inc
Licenser- 090267
4701 Stockda7e Hwy.
Bakersfield, CA 93309
INSURED Mort ern Digital, Inc.
S'SSS Business Park South
Suite 100
Bakersfield, C4 93309
1.jr%1./116.1 I I Ub/i7/LUU0
-499z THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIL
INSURERA. Evanston Insurance CO, 3S378
INSURERS! GOLDEN EAGLE INS. CORP.
WSURCRC: RSUX X17demnity Canpany
INSURERD: Fmployers Campeasation Ins. Co, 11512a
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN LSSUED TO THE INSURED NAMED ABOVE- FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES_ AGGREGATE LIMffS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY Nuunm POLK:Y EFFECTIVE POLICY F.XPIRATIQN LIMITS
GENERAL LIABILITY
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S 4, 000, OtX
AGGRECATE
S 4, 000,
X OCCUR CLAIMS MADE
$
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DEDUCTWLE.
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$ 1 00Q,
A
Ir yde. deS fte Undar
SPECIAL PROVISIONS bekm
ro essiona7 Liability
05PKGO0839
101311200E
10/31/2006
F.L. DISEASE - POLICY LW r 5 1 am 60
51.000,000 Each Occurrence
$1,000.000 Aggregate
Claims Made Policy Farm
DE3CRWnQN OF OPERATIONS I LOCAT*M5I--LES r EXCLUSIONS DIED BY ENDORSCAENT 1 SPECIAL PROMWONS
City o Huntington Beach, its agents, o cers and anployees are named as an additional
insured with respect to work performed by the named insured per the attached XE 0036-04104
5000 Deductib)e per claim with respect to general liability coverage, $25,600 per claim with
respect to Professional Liability coverage
City of Huntington Beach
Attn: Risk Management
20M Main Street
Huntington Beach, fA 92648
ACORD 25 (200110a) FAX: (714) 536-S212
SHOULD ANY OF THE AEIOVIE 065CRIDED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING INSURER VAL L CNDEAVOR TO MAIL
30 DAYS w;uTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE ENSURER, ITS AGENTS OR REPRESENTATIVES,
AUTHORIZED REPRESENTAIWA;
Michael Hay_/oM D
CACORD CORPORATION 1M
6-d 2129-9E9-*TL swa%SRS UO1%eWjOjUI dei:ZO 90 LT Tnr
POLICY NUMBER: 05PKGOW9
- ENDORSEMENT
This endorsement modifies insurance provided under the following;
COMMEERCIAL GENERAL LIABILITY COVERAGE PART
PRODIICI'SJCOWLETED OPERATIONS LL431 ,1<TY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
PROFESSIONALL LIAB]LrrY COVERAGE PART
SCHEDULE
City of lluntinton Beach, its
Name of Person or Organization: agents, officers and employees
2000 Main Street / Huntington
AS PEA wRIT7EN CONTRACT I3eacb, CA 92648
(If no entry appears above, information -required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section YI) is amended to include as an insured the person or
orgaWzation shown in the Schedule, but only with respect to liability arising out of "your
work" for that insured by or for you.
"Insureds are advised that certificates of insurance should be used only to provide
evidence of insurance in lieu of an actual copy of the applicable insurance policy.
Certificates should not be used to amend, expand, or otherwise alter the terms of the
actual policy:'
ALL OTHER TERMS AND CONDITIONS REMAIN 114E SAME-
IP^M36-0404 I of i
10 -d 2129-9E9-*TL swa%sgg u01'4ew.a0juI d81 :a0 90 LT InC
of
IMPORTANT
if the zerlificate holder is an ADDITIONAL INSURED, the polioy(ies) must too endorsed. A statement
on this certificato does not confer rights to the certificate holder in lieu of such endorsement(s).
V
if SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsomont(s)_
DISCLAIMER
The Cortiticate of Insurance on the reverse side of this form dons not constitute a contract between
the issuing insurot(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD zs (2001108)
9'd ZTZS-9ES-AIL swa%SRS U01%ewJ0JUJ dgi:zp 90 LI Inc
1. Date
2. Department:
3. Requested by:
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
July 18, 2006
Public Works
Ken Dills
4. Name of consultant: Northern Digital
5. Attach the written statement of the specification, conditions and other requirements for
the requested services that was provided to solicited consultants in your answer to 11
of this form.i9
6. Amount of the contract: $28,090
7. Are sufficient funds available to fund this contract?' ® Yes ❑ No
8. Company number and object code where funds are budgeted: 51189003.84000,
9. Is this contract generally desckbeon the list of professional service contracts
approved by the CiV, Council'? _ Yes . _ o
10. Is this contract within $25,000 or 25% (whichever is lei) of the amount stated on the
list of professional service contracts approved by the City Council?'
❑ Yes, ® No
11. Were (at least) informal written proposals requested of three consultants?
❑ Yes, ® No Explanation: Contract is under $30,000
12. Attach list of consultants from whom proposals were requested (including a contact
telephone number). A��X
13. Attach proposed scope of work.
14. Attach proposed payment schedule. s
D partment Head Signature
M
RICHARD AMADRIL, Manage
Purchasing/Central Services
1 If the answer to any questions is "No,"a rCouncil.
Exhibit "A"
Scope of Services/Proposal
,y NORTHERN
:MDIGITAL, INC
June 23, 2006
City of Huntington Beach
Water Operations - -
19002 Huntington Street
Huntington Beach, CA 92648
Attn.: Mike Fry
Water Operations Supervisor
RE: Sewer Lift Station Radio Path Study/Field Survey
Project: Northern Digital's Proposal #20428-00
Northern Digital, Inc. (NDI) is pleased to submit this budgetary proposal to provide I&C
Consulting Services to perform a Radio Path Study and Radio Site Survey for twenty-
seven (27) remote sites located throughout the city of Huntington Beach. The radio
equipment used to conduct the site survey will be Alligator Radio 900 MHZ & 1.4 GHz
radio systems, provided by the City.
The following outlines the consulting services provided by NDI.
Task # Scope of Services PM Eng
Task Conduct a site visit to inspect the 27 site locations
#1 and note any radio path obstructions. Take GPS 4 16
readings at the 27 sites.
Task Perform a software generated point-to-point Radio
# 2 Path Study of the 27 radio sites to determine
probable radio paths and signal strengths. Design 8 45
review meeting to review results with City.
Task Configure the testing equipment. NDI will
#3 configure 2 x testing stations such that the
Standard Automation I/O driver can poll the
stations via the 900 MHz and 1.4 GHz radio
networks. This task will require the support of a
City representative to help with the equipment and
testing. Develop small testing screen in WW.
20428-00 HB - SLS Radio Survey.doc Page 1
40
Task Based on the analysis of the Radio Path Study,
# 4 NDI will conduct an on -site radio survey of the 27
sites to the repeater station. Packets of data will be
sent/received from the site to the repeater at 4 81
various antenna heights. The results of the survey
will be logged for analysis and reporting. This task
will require the support of a City representative to
help with the equipment and testing.
Task Analyze the data from the on -site radio survey and
# 5 generate a report of the findings and 4 32
recommendations.
Task Contingency 20
#6
Estimated Budget Hours: 24 234
Pricing:
The Budgetary Pricing to provide the consulting services as defined in this proposal
including travel and subsistence cost are:
Total T&M Not To Exceed Price: $28,090.00
Payment Terms:
Progress payments required. Monthly billing based on percent complete. Payment due
net 30 days from date of invoice. All invoice amounts, which are 30 days past due will be
subject to an interest penalty of 1.5% per month or the highest interest rate allowed by
law.
Thank you for your interest in our services. If you have any questions or if we can be of
further assistance, please give me a call @ (661) 322-6044 Ex 241.
Sincerely,
James Lichtman
Project Manager
20428-00 HB - SLS Radio Survey.doc Page 2
r
7FY20i0'5-06
nal Service, Other Services Contracts Included
Budget
Department Description
Amount
Business
Unit
Construction management/supplementals/design
150,000
51189002
Design and construction management
50,000
51189003;
Construction management/supplementals/design
25,000
81490007
Construction management/supplementals/design
500,000
83991022
Construction management/supplementals/design
50,000
87390009
Construction support /supplementals/design/real estate row
80,000
87890001
Construction management/supplementals/design
225,000
89090003
Design; site studies Talbert Lake
390,000
89085201
Construction management/supplementals/design
100,000
89288003
Economic Development Conference & Visitors Bureau
400,000
10080101
Consultants/Events
20,000
10080101
Graphics
4,000
10080101
Appraisals
5,000
10080501
Property Management
10,000
10080501
Consultants
85,000
10080501
Consultants
5,000
51080501
Graphics
2,000
30580101
Economic Analysis
100,000
30580101
Consultants
200,000
30580101
Economic Analysis
40,000
30680301
Consultants
25,000
30680301
Economic analysis and other services
100,000
31580101
Consultants
48,000
86880301
Appraisals, Related Services
17,000
86880301
Consultants
30,000
86880302
Police Department Crime Prevention consultant
10,000
10070103
Background Services
2,000
10070109
Polygraphs
25,000
10070109
Background Investigation
21,900
10070109
Psychological Services
30,000
10070109
Legal Consultation
4,000
10070110
Gang Services
57,607
10070201
Medical Exams
26,232
10070203
Juvenile Counseling
91,131
10070203
Police Composites
1,500
10070203
Background Services
900
10070204
Medical Exams
450
10070204
Medical Exams
1,200
10070208
Citation processing
170,000
10070209
Document Description
8,000
10070302
Blood Draws
25,000
10070601
Contract Law Enforcement
48,000
10071002
Domestic Violence Counseling
62,000
See note 1
Towing Service
1,500
10070601
Towing Service
1,500
10070202
Towing Service
4,000
10070203
Note 1
This is a new grant and the business unit number is pending the grant award letter and approved RCA.
27
Proposal Summary
Northern Digital Inc.
A B C D E F
16
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IIIenPlr;..Q
.. cri tion
QS1�O
WBS g ntiy ttet�ii cefi n, as3a s?
r: 90.00
8,0
Labor 4 $ 460 $ -
17
19
11000 lConsulting
��
�205
21
22
1005
lContingency
Labor
20
$ 2,100
$ -
23
1010 jProject
Management
Labor
24
$ 2,760
$ -
24
1020
Gather System Info (GPS,pictures)
Labor
16
$ 1,680
$ -
25
1030
Preliminary RFCAD System Design
Labor
45
$ 4,725
$ -
26
1040
RTU Confl uration & Setu
Labor
40
$ 4,200
$ -
27
1050
Site Survey & Testing 27 sites)
Labor
81
$ 8,505
$ -
28
1060
Final Design Report & Recommendations
Labor
32
$ 3,360
$ -
29
3000
Travel and Expense Site #1
ITravel & Expense
_ 20
$ 300
$ -
Job 20428-00 HB Radio Survey.xls 1 of 1 Proposal Summary
EXHIBIT "B"
Payment Schedule (Alternative #1)
1. Charges for time during travel are normally not reimbursable and will only be paid if
such time is actually used in performing services for CITY or as otherwise arranged with CITY.
2. CONSULTANT shall be entitled to progress payments toward the not to exceed fee
of $28,090 and in accordance with completion of the tasks as outlined in the Scope of Services
Exhibit "A."
3. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each progress payment due.
Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
5) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the
schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
5. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
imp/contracts group/exB-in/5/06 i
EXHIBIT B
Alternative #1