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HomeMy WebLinkAbout1993-437 ,--------- RESOLUTION NO. 93-437 6 SECTION 1. The Mayor is hereby authorized and directed to 7 execute on behalf of the City an agreement by and between the City 8 of San Bernardino and Motorola, Inc., for the purchase of an 800 9 MHz trunked radio communication system and equipment including 10 dispatch equipment and portable radios. 11 SECTION 2. The authorization to execute the above referenced 12 agreement is rescinded if the parties to the agreement fail to 13 execute it within sixty (60) days of the passage of this 14 resolution. 15 I HEREBY CERTIFY that the foregoing resolution was duly 16 adopted by the Mayor and Common Council of the city of San 17 Bernardino at a requ1ar meeting thereof, held on the 6th day 18 of December ,1993, by the following vote, to wit: 19 20 councilmembers AYES NAYS ABSTAIN ABSENT 21 NEGRETE x 22 CURLIN x 23 HERNANDEZ x 24 OBERHELMAN x 25 DEVLIN x 26 POPE-LUDLAM x 27 MILLER x 28 93-437 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREE MEN WITH MOTOROLA, INC. FOR THE PURCHASE OF AN 800 MHz TRUNKED RADIO COMMUNICATIONS SYSTEM INCLUDING DISPATCH EQUIPMENT AND PORTABLE RADIOS. 7{p..fC--AL~ f1~ City Clerk 6f ;,JCUlf'~ dUlC0 mfJ<-<-~ The foregoing resolution is hereby approved this 9M\jdayof Dp-C13-mhp-r , 1993. .--;{~\-- ?J1'~ / Tom Min6r, Mayor city of San Bernardino By: Il 7f~~ 2 ~<U) ~~ ,'trl \ '-\~ <b ~\l.....\ C'-">\ ~~\-. 93-437-438 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO. CALIFORNIA AND MOTOROLA COMMUNICATIONS AND ELECTRONICS. INC. FOR THE DESIGN. IMPLEMENTATION. AND TESTING OF AN 800 MEGAHERTZ TRUNKED RADIO COMMUNICATIONS SYSTEM November, 1993 Prepared by: 800 MHz Proiect Transition Committee [Technical Subcommittee] Police/Fire/Communications Management of Information Services 300 N 'D' Street San Bernardino, CA 92418 93-437-338 TABLE OF CONTENTS ARTICLE 1. STATEMENT OF PERFORMANCE ..................... 1 1.1 MOTOROLA's Performance ............................ 1 1.1.1 Receiving Area ................................ 2 1.2 CITY's Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 1.2.1 FCC License - Authorizations ....................... 2 1.2.2 CITY Facilities/Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 ARTICLE 2. TERM - IMPLEMENTATION AND PERFORMANCE SCHEDULE .......................................... 3 2.1 Term........................................... 3 2.2 Implementation Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 2.3 Performance Schedule ................................ 4 2.3.1 Implementation Schedule Obligations . . . . . . . . . . . . . . . . . .. 4 2.3.2 CITY's Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 2.3.3 800 MHz TRCS Sites ............................ 5 2.3.4 CITY Acquisition of Communications Sites and Facilities ...... 5 2.4 Failure to Perform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 ARTICLE 3. CONTRACT PRICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 3.1 Price - 800 MHz TRCS ............................... 6 3.2 Taxes.......................................... 7 3.3 Payment......................................... 7 3.4 Payment Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 3.5 General Option for Addition/Deletion . . . . . . . . . . . . . . . . . . . . . .. 7 3.5.1 Price Validity ................................. 9 3.6 Option to Purchase .................................. 9 ARTICLE 4. CITY APPROVAL OF MOTOROLA DOCUMENTS AND SPECIFIC A TIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 ARTICLE s. SYSTEM PERFORMANCE AND ACCEPTANCE TESTING. . . .. 10 5.1 TRCS Acceptance Test Plan . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 5.1. 1 Internal Testing ............................... 11 5.2 Functional Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 5.2.1 Performance Testing ............................ 11 5.3 Testing Notice .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 5.4 Test Responsibility ................................. 12 5.5 Evaluation of Test Data .............................. 13 5.6 Test Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 ARTICLE 6. Installation of TRCS. .............................. 14 6.1 Installation...................................... 14 6.2 Facilities........................................ 14 6.3 Loss, Damage to or Destruction of TRCS Equipment, Materials and Supplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 6.3.1 CITY Responsibility ............................ 14 93-437-438 6.3.2 MOTOROLA Responsibility ....................... 15 6.4 Identification of Software . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 6.4.1 MOTOROLA Responsibility ....................... 15 6.5 Repair or Replacement of Equipment, Materials, Supplies or Software Damaged or Destroyed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 6.5.1 MOTOROLA - Loss, Damage or Destruction . . . . . . . . . . . .. 15 6.5.2 CITY - Loss, Damage or Destruction. . . . . . . . . . . . . . . . .. 16 6.6 Standard of Work .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16 6.7 Trammg........................................ 16 6.7.1 System Operator Training. . . . . . . . . . . . . . . . . . . . . . . .. 16 6.7.2 System Maintenance Training. . . . . . . . . . . . . . . . . . . . . .. 17 ARTICLE 7. WARRANTY AND MAINTENANCE. . . . . . . . . . . . . . . . . . .. 17 7.1 TRCS Equipment and Software Warranties and Services .......... 17 7.1.1 Parts Availability Warranty. . . . . . . . . . . . . . . . . . . . . . .. 19 7.2 Warranty Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 7.3 Warranty Ownership, Authority ......................... 19 7.4 Compliance with Applicable Laws . . . . . . . . . . . . . . . . . . . . . . .. 20 7.5 TRCS Software Defects .............................. 20 7.6 Maintenance and Warranty Records ....................... 20 7.7 Copyright or Proprietary Data Notices ..................... 20 7.8 Confidentiality ofInformation . . . . . . . . . . . . . . . . . . . . . . . . . .. 20 7.9 Radio Coverage ................................... 21 ARTICLE 8. PERSONNEL ................................... 21 8.1 MOTOROLA Personnel .............................. 21 8.2 CITY Personnel Support . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21 ARTICLE 9. AUTHORIZED REPRESENTATIVES ................... 21 9.1 CITY Representative ................................ 22 9.2 MOTOROLA Representative ........................... 22 ARTICLE 10. COMMUNICATIONS AND NOTICES .................. 22 10.1 Communications.................................. 22 10.2 Official CITY Address .............................. 22 10.3 Official MOTOROLA Address. . . . . . . . . . . . . . . . . . . . . . . . .. 23 ARTICLE 11. FINANCIAL REPORTS AND STATEMENTS ............. 23 ARTICLE 12. NON-INTERFERENCE WITH CITY AGENCIES . . . . . . . . . .. 25 ARTICLE 13. EXCUSABLE DELAYS OF PERFORMANCE ............. 25 ARTICLE 14. CHANGES, DELETIONS OR ADDITIONS TO AGREEMENT .. 25 14.1 CITY Change Requests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25 14.2 Change Proposal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26 14.3 Change Order Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27 14.4 MOTOROLA Change Requests . . . . . . . . . . . . . . . . . . . . . . . . .. 27 93-437-438 14.5 Changes in CITY's Total Obligation. . . . . . . . . . . . . . . . . . . . . .. 27 ARTICLE 15. DISPUTES .................................... 28 15.1 General ........................................ 28 15.2 Procedure....................................... 28 15.3 Attorney's Fees ................................... 28 ARTICLE 16. TERMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28 16.1 CITY's Right to Terminate ............................ 29 16.2 Notification of Termination ............................ 29 16.3 Effect of Termination Notification . . . . . . . . . . . . . . . . . . . . . . .. 30 16.4 Invoicing of Non-Default Termination Expenses. . . . . . . . . . . . . . .. 30 16.5 Determination of Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31 16.6 Failure to Agree on Cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31 16.7 Payment in Case of Dispute Re: Termination Costs ............. 32 16.8 Deductions from Agreed to Costs ........................ 32 ARTICLE 17. LIABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32 17.1 Indemnification.................................... 32 17.2 Indemnification Regarding Patent Rights, Copyrights, Proprietary Data and Trade Secrets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33 17.3 Liquidated Damages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33 ARTICLE 18. BONDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34 18.1 Faithful Performance and Payment Bond .. . . . . . . . . . . . . . . . . .. 34 18.2 Bond Form and Penal Amounts. . . . . . . . . . . . . . . . . . . . . . . . .. 34 ARTICLE 19. RIGHT TO RETAIN A CONSULTANT(S) . . . . . . . . . . . . . . .. 34 ARTICLE 20. INCORPORATION OF EXHIBITS AND DEFINITIONS ...... 35 20.1 Incorporation of Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35 20.2 Definition of "CITY" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35 20.3 Definition of "MOTOROLA" . . . . . . . . . . . . . . . . . . . . . . . . . .. 36 ARTICLE 21. ORDER OF PRECEDENCES BETWEEN AGREEMENT AND EXHIBITS .......................................... 36 ARTICLE 22. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . .. 36 22.1 Construction of Provisions and Titles Herein .................. 36 22.2 Number of Originals .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36 22.3 Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37 22.4 Applicable Law, Interpretation and Enforcement . . . . . . . . . . . . . . .. 37 22.5 Time of Effectiveness ................................ 37 22.6 Integrated Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37 22.7 Amendment ...................................... 38 22.8 Breach. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 38 22.9 Independent Contractor ............................... 38 22.10 Prohibition Against Assignment or Delegation . . . . . . . . . . . . . . . .. 38 L.. 93-337-438 22.11 Permits ........................................ 39 22.12 Nondiscrimination and Affirmative Action ................... 39 22.13 Claims for Labor and Materials . . . . . . . . . . . . . . . . . . . . . . . . .. 39 22.14 Insurance ....................................... 39 22.14.1 Insurance Certificates .. . . . . . . . . . . . . . . . . . . . . . . .. 40 22.14.2 Insurance Endorsements. . . . . . . . . . . . . . . . . . . . . . . .. 41 22.14.3 Waiver of Subrogation ......................... 41 22.14.4 Primary Insurance ............................ 41 22.14.5 Self-Insurance and Self-Insured Retentions ............. 41 22.14.6 Failure to Procure Insurance. . . . . . . . . . . . . . . . . . . . .. 41 22.14.7 Underlying Insurance .......................... 41 22.15 Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 42 22.16 Survival . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 42 22.17 Waivers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 42 22.18 Time of Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 42 22.19 Promotional Tours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 42 22.20 Substitutions ..................................... 42 ARTICLE 23. LIMITATION OF LIABILITY ....................... 43 ARTICLE 24. GLOSSARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 43 EXHIBIT A .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 45 STATEMENT OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 45 EXHIBIT B .............................................. 46 IMPLEMENTATION SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . .. 46 EXHIBIT C ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 47 MILESTONES AND SYSTEM PAYMENT SCHEDULE. . . . . . . . . . . . .. 47 EXHIBIT D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 48 ADD AND DELETE SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . .. 48 EXHIBIT E .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 49 PURCHASED EQUIPMENT LIST . . . . . . . . . . . . . . . . . . . . . . . . . . .. 49 EXHIBIT F .............................................. 50 OPTIONAL SPARE PARTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 50 EXHIBIT G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 51 MOTOROLA "FNE INSTALLATIONS" QUALITY STANDARDS ....... 51 EXHIBIT H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 52 SOFTWARE LICENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 52 93-4~7-418 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA AND MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. FOR THE DESIGN, IMPLEMENTATION AND TESTING OF AN 800 MEGAHERTZ TRUNKED RADIO COMMUNICATIONS SYSTEM This Agreement is entered into by and between the City of San Bernardino (hereinafter referred to as the CITY) and MOTOROLA Communications and Electronics, Inc. an Illinois Corporation, with its principal offices located at 1301 East Algonquin Road, Schaumburg, Illinois (hereinafter referred to as "MOTOROLA"), with respect to the following facts: WITNESSETH: WHEREAS, the CITY desires to purchase a fully operational "turnkey" 800 MHz Trunked Radio Communications System (hereinafter referred to as TRCS) for an integrated public safety radio communications system operating in the 800 megahertz band . WHEREAS, the CITY desires to purchase the equipment, materials and services that are necessary to provide a complete 800 MHz trunked communications system for the CITY. WHEREAS, the parties hereto wish to enter into an Agreement pursuant to which MOTOROLA shall perform the work and furnish the equipment, materials and services as more particularly described herein for the consideration and upon the terms and conditions as hereinafter provided. NOW, THEREFORE, in consideration of the above premises and of the covenants and representations herein contained, the parties hereto covenant and represent as follows: ARTICLE 1. STATEMENT OF PERFORMANCE 1.1 MOTOROLA's Perfonnance MOTOROLA shall engineer, design, develop, produce, deliver to the CITY, install, integrate, interface, and test the 800 MHz Motorola Trunked Radio Communications System. Motorola shall install, integrate, interface, and test the system equipment and interfaces as identified and described in this Agreement, and as detailed in Exhibit A, the document entitled "DESIGN and IMPLEMENT A nON" . In so doing MOTOROLA shall perform the work and deliver the items described in said document and other Exhibits incorporated herein and, notwithstanding any other provision of this Agreement, 93-437-438 perform such other work and deliver such other items as are necessary to ensure that the Communication System for which MOTOROLA is responsible hereunder meets all of the operational and other requirements set forth in this Agreement. 1.1.1 Receiving Area Equipment will be delivered to a CITY provided facility for inventory and equipment check-out prior to installation at the sites. MOTOROLA and the CITY will jointly inventory the equipment at the receiving/storage area and shall immediately reconcile any discrepancies. A joint inventory list shall be prepared. No equipment shall be released from the receiving/storage area without authorization by the CITY representative who shall assure that the equipment is logged out for application at a designated site. Copies of log sheets will be maintained jointly by the CITY and MOTOROLA. All sales and deliveries will be made F.O.B. Destination to purchaser facilities, or local MOTOROLA storage facilities or any combination thereof. Title to the equipment shall pass to the CITY upon delivery to the F.O.B. point. After delivery to CITY facilities, risk of loss and damage to the articles shall be borne by the CITY. The above not withstanding title to software and any third party supplied software shall not pass upon payment of the license fee or under any circumstances. 1.2 CITY's Performance 1.2.1 FCC License - Authorizations The CITY is solely responsible for obtaining any licenses or other related authorizations required by the Federal Communications Commission ("FCC). Neither MOTOROLA nor any of its employees is an agent or representative of the CITY in FCC matters or otherwise. MOTOROLA, however, may assist the CITY in obtaining licenses at no charge to the CITY. The CITY and MOTOROLA acknowledge that project implementation is dependent on receipt of proper FCC licensing. 1.2.2 CITY Facilities/Sites The CITY shall, in addition to responsibilities described elsewhere in this Agreement, 2 93-347-438 perform the following coincident with MOTOROLA's performance of this Agreement: (a) Provide ingress and egress to CITY's owned facilities and/or City of San Bernardino sites as reasonably requested by MOTOROLA, and have such facilities available for installation of the equipment to be installed. (b) Provide dedicated 20 amp AC circuits at 117 V AC 60 Hz for the base site equipment. (c) Provide a designated work area with adequate heat and light, and a secure storage area for equipment delivered to the CITY. ARTICLE 2. TERM - IMPLEMENTATION AND PERFORMANCE SCHEDULE 2.1 Term The term of this Agreement shall commence on its effective date and terminate when all performance required hereunder is complete. The effective date is the date this Agreement is approved by the CITY as indicated on the signature page. 2.2 Implementation Schedule An Implementation Schedule shall be prepared by MOTOROLA. This schedule shall indicate in detail all of the TRCS tasks and related sub tasks (including equipment, delivery, installation, testing, etc.) to be performed for each subsystem which is part of the "turnkey" 800 MHz trunked communications system, the dates said tasks and subtasks shall be completed, and a final completion date. No equipment shall be scheduled for delivery more than four (4) weeks prior to its scheduled installation. The implementation schedule shall be attached hereto as Exhibit B. 2.3 Performance Schedule A Performance Schedule shall be prepared and updated by MOTOROLA every 30 days to indicate the actual and projected completion dates of the tasks and subtasks identified in the Implementation Schedule. The relationship between these Schedules and MOTOROLA's and the CITY's obligations are defined in Sections 2.3.1,2.3.2,2.3.3, 3 93-437-438 and 2.3.4. 2.3.1 bnplementation Schedule Obligations Except for meeting the final completion date for the total Communications System and the liquidated damages provisions of Article 17.3, Liquidated Damages, MOTOROLA shall be deemed to have complied with the Implementation Schedule obligations if actual completion dates of the Performance Schedule and updates reasonably and substantially meet the completion dates set forth in the Implementation Schedule. Nothing in this ARTICLE is intended to relieve MOTOROLA from its obligations to complete each task and subtask identified therein. 2.3.2 CITY's Obligations MOTOROLA's ability to reasonably and substantially meet its schedule obligations is in part dependent upon the CITY adhering to its obligations as set forth in this Agreement and Exhibits hereto. The parties agree that any failure in this regard may adversely affect MOTOROLA's ability to perform. In this connection, the CITY agrees to inform MOTOROLA, at the earliest time reasonably possible, of any projected inability of the CITY to adhere to its obligations. MOTOROLA will reasonably cooperate with the CITY to minimize, and if possible eliminate, the impact on MOTOROLA's work of any projected inability or failure of the CITY or the CITY's other contractors to adhere to its obligations. However, except as provided in ARTICLE 2.3.4, City Acquisition of Communications Sites and Facilities, MOTOROLA will not be obligated to incur, without reimbursement, additional costs in its performance of this Agreement as a result thereof. Payment for such additional costs incurred in the performance of this Agreement shall be accomplished through the Change procedure set forth in ARTICLE 14. 2.3.3 800 MHz TRCS Sites The TRCS will utilize the sites which are identified in Exhibit A, the DESIGN and IMPLEMENTATION. Should it be determined by either MOTOROLA or the CITY during the course of performance on this Agreement that the sites or configurations selected are no longer available or desired, new or replacement sites or configurations will be selected by the CITY. If any price adjustments are necessary as a result of these new or replacement sites, such price adjustments will be added to this Agreement by 4 93-437-438 change order in accordance with ARTICLE 14 of this Agreement. 2.3.4 CITY Acquisition of Communications Sites and Facilities CITY acquisition of communications sites and facilities may require CITY coordination and formal arrangements for site acquisition and access, and facilities construction. The CITY will use its best efforts to provide all sites and facilities by the scheduled occupancy dates. MOTOROLA shall schedule and reschedule its efforts so that no additional compensation will be due it, and no such additional compensation shall be paid by the CITY, as a result of any delay in the availability of any communications site or facility to be provided by the CITY, except as provided herein. In the event MOTOROLA is unable to schedule/reschedule its work to eliminate the effects of such a delay, MOTOROLA shall notify CITY of its inability to so schedule/reschedule, the reasons (justification) for its inability, the impact MOTOROLA believes the delay will have on the cost and scheduling of the work delayed, and justifications for the cost and scheduling impact. In the event the cumulative total delays which cannot be so scheduledlrescheduled extend the project final completion date by more than sixty (60) calendar days, CITY shall reimburse MOTOROLA for any reasonable additional costs incurred as a direct cause of such delays, but only for that portion of the delays exceeding sixty (60) calendar days. If any individual, site or facility delay exceeds thirty (30) days, MOTOROLA and the CITY will negotiate any impact to both cost and schedule and such delay will not be included as part of the above stated cumulative sixty (60) days. Notwithstanding any other provision to the contrary, during the period of the delay in availability of any such site or facility, the parties shall use the change order procedure set forth in ARTICLE 14, Changes, to arrive at mutually acceptable revisions in the Implementation Schedule. 2.4 Failure to Perform If MOTOROLA or its subcontractors fail to perform the work defined in Exhibit A, DESIGN and IMPLEMENTATION, within the project schedule, CITY shall schedule and reschedule its efforts so that no additional compensation will be due it, and no such additional compensation shall be paid by MOTOROLA, as a result of any delay that is caused by MOTOROLA or its subcontractors, except as provided herein. In the event CITY is unable to schedulelreschedule its work to eliminate the effects of such a delay, CITY shall notify MOTOROLA of its inability to so schedulelreschedule, the reasons (justification) for its inability, the impact CITY believes the delay will have on the cost 5 93-437-438 and scheduling of the work delayed, and justifications for the cost and scheduling impact. In the event the cumulative total delays which cannot be so scheduled/rescheduled extend the project final completion date by more than sixty (60) calendar days, MOTOROLA shall reimburse CITY in accordance with Article 17.3, Liquidated Damages, of this Agreement, but only for that portion of the delays exceeding sixty (60) calendar days. If any individual delay exceeds thirty (30) days, CITY and MOTOROLA will negotiate any impact to both cost and schedule and such delay will not be included as part of the above stated cumulative sixty (60) days. Notwithstanding any other provision to the contrary, during the period of the delay in availability of any such site or facility, the parties shall use the change order procedure set forth in ARTICLE 14, Changes, to arrive at mutually acceptable revisions in the Implementation Schedule. ARTICLE 3. CONTRACT PRICE 3.1 Price - 800 MHz TRCS For and in consideration of the 800 MHz trunked radio communications system, including the supplies and implementation services to be performed by MOTOROLA as described in this Agreement and its Exhibits, the CITY agrees to pay MOTOROLA a not to exceed price of $ 1 , 4 8 6 , 3 9 8 . 36 unless authorized change orders are made pursuant to the expressed provisions of Article 14 of the Agreement. This price is as detailed in the MOTOROLA Price Summary, Exhibit E, Purchased Equipment List. 3.2 Taxes The prices set forth in the Agreement are exclusive of any amount of Federal, State or local excise, sales, lease, gross income service, rental, use, property, occupation or similar taxes. If any taxes are determined applicable to this transaction and MOTOROLA is required to payor bear the burden thereof, the CITY agrees to pay to MOTOROLA the amount of such taxes and any interest or penalty thereon no later than thirty (30) days after receipt of an invoice thereof. MOTOROLA will identify all applicable taxes as separate line items on all MOTOROLA invoices. 3.3 Payment The City reserves the right to withhold any lease payment as it becomes due should Motorola fail to complete this project within the established timeline and to the City's 6 93-437-438 satisfaction. 3.4 Payment Provisions Subject to the provisions of ARTICLE 15, Disputes and ARTICLE 18, Bonds, the timely payment of all amounts due MOTOROLA herein shall be a condition precedent to the continuance of work by MOTOROLA. 3.5 General Option for Addition/Deletion MOTOROLA grants to CITY the option to delete from this Agreement any of the equipment listed or services to be provided, and to add to this Agreement any of the equipment listed or services to be provided at the lowest per-item cost as shown on Exhibit E, Purchased Equipment List, subject to the following: (a) If an item of MOTOROLA manufactured equipment is cancelled after it has been shipped, but the item of equipment can be used elsewhere in this project, there will be no additional charge to CITY. (b) If an item of MOTOROLA manufactured equipment is cancelled after it has been shipped, and that item of equipment cannot be used elsewhere in this project, the CITY will be required to either pay any restocking charges, or purchase that item of equipment, at the CITY's option. (c) If an item of non-MOTOROLA manufactured equipment is cancelled after it has been shipped and cannot be used elsewhere in the project, it will be subject to the cancellation, restocking or equipment return policy of the equipment supplier. (d) If an item of non-MOTOROLA manufactured equipment is cancelled after it has been shipped, but the item can be used elsewhere in this project, there will be no additional charge to the CITY. (e) For each add or delete option exercised by CITY, CITY shall be required to pay or shall be granted credit against the contract amount, as the case may be, in the amounts specified in Exhibits D, and E, and F, Add and Delete Schedules, Purchased Equipment List, and Optional Spare Parts. 7 93-437-438 (t) Add and delete options shall be exercised by written amendment to this Agreement under Article 14 of this Agreement. Verbal notification in emergency situations will be accepted: 1) if received either from CITY's Representative or CITY Purchasing; and, 2) confirmed in writing within the same day via FAX. Except as limited by Article 3.5(g), below, MOTOROLA shall agree to all such amendments. (g) An item shall be considered to have been "cancelled" upon notification to MOTOROLA when applicable to MOTOROLA manufactured equipment, and upon notification by MOTOROLA to the equipment supplier when applicable to non-MOTOROLA manufactured equipment. MOTOROLA shall exercise its best efforts to notify its suppliers immediately upon notification by CITY of any such cancellation. 3.5.1 Price Validity The prices reflected in Exhibit E, Purchased Equipment List, will remain valid for a period of one year from contract award. Subsequent one year price validity renewals shall be adjusted by the percentage increase/decrease in the Producer Price Index (PPI) Commodity Index 1178 for Electronic Components and Accessories, with the base year being the date of award. This validity is applied only to MOTOROLA manufactured products and applies for years two (2) through four (4) from the contract award date. Any non-MOTOROLA manufactured products shall be subject to their individual manufacturer's price increases. 3.6 Option to Purchase MOTOROLA grants every public entity which enters into an agreement with the CITY to use any portion of the City of San Bernardino 800 MHz trunked radio communications system the option to purchase the subscriber equipment as set forth in Exhibits E and F, Purchased Equipment List and Optional Spare Parts List, provided that MOTOROLA and said entity reach mutual agreement on purchase terms and conditions, delivery, payment 8 93-437-438 and warranty. Services will be as negotiated between MOTOROLA and said entity. Said public entities may exercise this option independently of the CITY, upon notification by CITY to MOTOROLA that the public entity is qualified under this section. The prices for said equipment shall remain valid as set forth in Article 3.5.1, Price Validity, of the Agreement. ARTICLE 4. CITY APPROVAL OF MOTOROLA DOCUMENTS AND SPECIFIC A TIONS Notwithstanding any other provision of this Agreement, approval by the CITY of MOTOROLA engineering or design documents and specifications, or any part thereof, shall not relieve MOTOROLA of the responsibility to meet all of the requirements for the interface and 800 MHz TRCS as set forth in this Agreement and to correct any errors or omissions in said documents. MOTOROLA shall have no claim for additional costs on account of reasonable delays due to correction of errors or omissions in said previously approved documents or revisions of said documents which may be found necessary to comply with this Agreement. However, ifany such delays cause reasonable delays in MOTOROLA's performance of this Agreement, the Implementation Schedule shall be extended by mutual agreement to account for such delay without penalty. ARTICLE 5. SYSTEM PERFORMANCE AND ACCEPTANCE TESTING 5.1 TRCS Acceptance Test Plan ACCEPTANCE CRITERIA A. MOTOROLA will submit an Acceptance Test Plan (ATP), which demonstrates system performance in accordance with the specifications contained herein, no later than thirty (30) days prior to the commencement of the system test. The CITY will then approve, conditionally approve or disapprove the proposed ATP no later than 15 days prior to the commencement of the system test. Approval of the A TP will be assumed by MOTOROLA in the absence of notifications otherwise. See SOW section 1.10, Acceptance Test Plan. The successful completion of the A TP and delivery of system documentation will be the sole criterium for final system acceptance. 9 93-437-438 B. Should the CITY commence use of the system for its beneficial use, other than for the express purposes of training or testing, prior to system acceptance, final payment for the system shall be due net thirty (30) days. The warranty maintenance period shall be deemed to have commenced concurrently with the beneficial use of the system. Beneficial use of the system is defined as ten (10) or more active radios. C. Upon notification by MOTOROLA that the system is available for acceptance testing, it is agreed that should the acceptance testing of the system or any subsystem thereof be delayed for reasons beyond MOTOROLA's control, that final payment for the subsystem or system shall become due net thirty (30) days and warranty or maintenance shall commence upon notice to CITY by MOTOROLA, unless the delay is also beyond the CITY's control. If a delay occurs, beyond both MOTOROLA's and the CITY's control, the project schedule will be adjusted accordingly. MOTOROLA shall prepare an Acceptance Test Plan ("ATP") which states the procedures for testing all of the physical, electrical, and functional specifications of the 800 MHz Motorola Trunked Radio Communications System. The ATP shall, as a minimum, incorporate all of the requirements set forth below and shall be designed to follow the Implementation Schedule. 5.1.1 Internal Testing The A TP shall provide for the internal testing of each piece of equipment and its related software, if any. Any equipment or software not meeting the requirements or specifications specified in the DESIGN and IMPLEMENT A TION or Motorola provided Technical Specifications sheets shall be repaired or replaced by MOTOROLA without additional cost to the CITY. 5.2 Functional Testing The A TP shall provide for the functional testing of each piece of equipment and its related software provided by MOTOROLA under this contract. Any equipment or software not meeting the requirements or specifications shall be repaired or replaced by MOTOROLA without additional cost to the CITY. 10 93-437-438 MOTOROLA shall provide a description of the procedures used for validating the functional performance of the TRCS. Tests will exercise and validate the functional performance of each subsystem and the entire system as a whole. 5.2.1 Perfonnance Testing The ATP shall contain a detailed methodology for quantifying and validating, as appropriate, the performance of the total system, each segment and each sub-system, including, but not limited to: R.F. coverage, system overhead delay, system functionality and operability, and system throughout capacity. (a) The system must successfully complete a thirty (30) day performance test under full actual load of the total system, without a major failure. A major failure is defined as any failure that reduces the operation of the 800 MHz trunked radio communications system and/or its flexibility by more than ten (10%) percent, including mobile/portable radio failures (out of service) exceeding ten (10%) percent of CITY's radio units. In the event of a mi\ior failure, the fault(s) will be corrected by and at the sole expense of MOTOROLA, prior to reattempting a thirty (30) day performance test. (b) If successful performance of the full system cannot be accomplished within ninety (90) days of initiation of system A TP, MOTOROLA may be deemed in default, and the CITY may enforce the provisions of the performance bond or other remedial measures, at the option of the CITY. 5.3 Testing Notice MOTOROLA will notify CITY sufficiently in advance of all performance testing so that CITY can determine and document the beginning and end of the thirty (30) day performance test period, including any new test periods required as a result of a major failure. Not less than five (5) calendar days prior to conducting any test of the A TP, MOTOROLA shall notify CITY of the date, time, and location of the testes) to be 11 93-347-348 conducted. 5.4 Test Responsibility The conduct of the 800 MHz trunked radio communications system Acceptance Test Plan, and all testing identified by any terminology (e.g. unit testing, factory testing, program testing, systems testing, installation and preliminary testing, external testing, internal testing, functional testing and performance testing) shall be the responsibility of MOTOROLA. It is recognized that a variety of testing procedures and equipment may be utilized to conduct a particular test or to verify a particular specification. Therefore, MOTOROLA will be afforded latitude in this regard provided the methods proposed are regarded as acceptable in the industry and acceptable to the CITY. All tests performed at CITY facilities or City communication sites shall be witnessed by CITY personnel and the resulting program data shall be attested to and signed by MOTOROLA and the CITY representative. The format to be used for recording of test program data shall be submitted to the CITY for written approval prior to testing. All recorded test program data shall be dated, witnessed and signed by a CITY representative and a MOTOROLA representative. The entire test data shall be presented in a single test report, certifying that such test data verifies that the tested elements of the system meet required specifications and performance criteria, and shall be accepted by the CITY as set forth below. MOTOROLA shall loan the necessary test equipment to the CITY during the system acceptance test period. 5.5 Evaluation of Test Data Upon completion of any testing, MOTOROLA shall promptly provide the test data to the CITY for evaluation. MOTOROLA understands that the test data provided by MOTOROLA must be evaluated by CITY in order to determine if the results of any such test are within acceptable limits. Therefore, MOTOROLA agrees that the evaluation shall constitute an integral part of any such test. The CITY's Representative shall perform such evaluation within fifteen (15) calendar days after delivery to the CITY of the data produced as a result of said test. In the event that the CITY's Representative fails to complete and provide a written report indicating therein the results of the evaluation to MOTOROLA within said fifteen (15) day period, the test shall be conclusively presumed to have been successfully completed within acceptable limits. At the conclusion of the evaluation phase, the CITY's Representative shall (if the test was 12 93-347-348 within acceptable limits), within five (5) calendar days thereof, provide MOTOROLA with a written "Notice of Successful Completion" of the test and said Notice shall constitute the formal acceptance of the test by the CITY. In the event of a negative finding by the CITY's Representative (i.e., that the test was not successfully completed within acceptable limits), he shall report thereon and set forth in writing the basis for said findings. The report shall describe all deficiencies in sufficient detail to enable MOTOROLA to correct such deficiencies. MOTOROLA shall then have forty-five (45) calendar days within which to correct the deficiencies noted in the CITY's report. The test shall be rescheduled and the CITY shall evaluate the results in the same manner as set forth above. It is agreed that minor deficiencies or other minor errors that do not reasonably affect the CITY's ability to operate the tested equipment in a user environment may be identified in a "punch list" and, in such instance, the CITY's Representative, at his discretion, may elect to conditionally accept the test results and to make associated payments therefor, if any, with final acceptance of the test results and further testing held in abeyance until the "punch list" items have been corrected by MOTOROLA and verified by CITY. 5.6 Test Documentation Test documentation of a pass/fail to previously specified criteria will be established by MOTOROLA during test. ARTICLE 6. Installation of TRCS. 6.1 Installation MOTOROLA shall furnish all labor required for unpacking and placing of the delivered hardware and software in the appropriate locations at the CITY designated facilities. The equipment, software and related hardware delivered by MOTOROLA under this Agreement shall be installed and placed in working order by MOTOROLA at their final delivery locations. 6.2 Facilities The CITY will not be obligated to provide for equipment, materials or supplies warehousing prior to the respective facility occupancy dates set forth in the Implementation Schedule and as specified in Article 2.3.4, CITY Acquisition of Communications Sites and Facilities. MOTOROLA acknowledges that access to some 13 93-437-438 sites and facilities may be restricted by the CITY. Therefore, MOTOROLA agrees to cooperate fully with all reasonable access requirements for deliver, installation and testing of the TRCS. 6.3 Loss, Damage to or Destruction of TRCS Equipment, Materials and Supplies 6.3.1 CITY Responsibility The CITY shall be responsible for loss, damage or destruction of all equipment, materials and supplies provided by MOTOROLA, whether such loss, damage or destruction occurs prior to CITY acceptance and payment therefor or after, provided the loss, damage or destruction occurs through no fault of MOTOROLA, and when such equipment, materials or supplies have been received at a CITY designated facility or vehicle under the protective custody of the CITY. This provision does not relieve MOTOROLA of the responsibility to use reasonable care in the protection of all such equipment, materials or supplies or to provide the insurance required by Article 22.14. 6.3.2 MOTOROLA Responsibility MOTOROLA shall be responsible for all loss, damage or destruction of all TRCS equipment, hardware and software, and materials or supplies to be provided by MOTOROLA prior to delivery to a CITY designated facility or vehicle under the protective custody of the CITY. 6.4 Identification of Software 6.4.1 MOTOROLA Responsibility MOTOROLA shall clearly label all in-development magnetic tapes, disc packs, cards, listing and other software materials during the performance of its software work at CITY facilities. 6.5 Repair or Replacement of Equipment, Materials, Supplies or Software Damaged or Destroyed 14 93-437-438 6.5.1 MOTOROLA - Loss, Damage or Destruction Prior to delivery to City facilities and during transit between City and Motorola facilities, repair or replacement of lost, destroyed or damaged equipment, materials, supplies or software for which MOTOROLA is responsible shall be made by MOTOROLA. 6.5.2 CITY - Loss, Damage or Destruction After delivery to the City facilities and prior to final system acceptance, repair or replacement of lost, destroyed or damaged equipment, materials, supplies or software for which the CITY is responsible shall be made by the City. In the event of such repair or replacement, the CITY and MOTOROLA will agree on a schedule adjustment and an equitable price prior to MOTOROLA's undertaking the work. The price for this work will become due and payable to MOTOROLA upon presentation of its invoice. The repair or replacement need not be made until such agreement is reached. 6.6 Standard of Work MOTOROLA shall perform all services required pursuant to this Agreement, including but not limited to, the installation of which is provided for in this Agreement, in the manner and according to the standards of the higher of MOTOROLA, as set forth in Exhibit G, MOTOROLA's Quality Standards - "FNE Installations", or those observed by a competent provider of services in the business in which MOTOROLA is engaged. In the event that MOTOROLA, in its reasonable judgement, determines that a particular practice or procedure is inappropriate in a particular situation, MOTOROLA may follow whatever practice or procedure it deems appropriate providing that such practice or procedure shall be at least that of the standard observed by a competent provider of services in the business in which MOTOROLA is engaged. MOTOROLA agrees to notify CITY of any such changed practices or procedures, either prior to implementation, if practicable, or if not, as soon thereafter as is practicable. 6.7 Training MOTOROLA will provide to the CITY printed technical, operational, and as-built documentation relating to the operation and maintenance of the new system. Such materials may be provided prior to or during training periods. 6.7.1 System Operator Training 15 93-347-348 MOTOROLA will provide on-site instruction to CITY personnel for the purpose of training others in the use of the System, with an emphasis on operational functionality presented with hands-on training of dispatcher operation and field unit operation as defined in the STATEMENT OF WORK. A description of Motorola's training courses is also presented in Exhibit A, Statement of Work. 6.7.2 System Maintenance Training On-site, hands-on system maintenance trammg will be provided by qualified MOTOROLA personnel experienced in the training of maintenance personnel regarding the mechanics/electronics of the newly purchased system. Training materials will be provided as part of the training as defined in the DESIGN and IMPLEMENTATION. ARTICLE 7. WARRANTY AND MAINTENANCE 7.1 TRCS Equipment and Software Warranties and Services A. System Warranty: MOTOROLA represents and warrants that all products, software, and items delivered under this Agreement conform in design, materials and workmanship to the SOW and appropriate manufacturer's Technical Specifications. MOTOROLA further warrants that all products, software, and other items delivered by MOTOROLA will interact according to the specifications specified in the DESIGN and IMPLEMENT A TION and the communications coverage predictions. Successful completion of the A TP shall constitute full compliance with and fulfillment of this warranty. B. Hardware Warranty: MOTOROLA warrants that the radio communications products delivered by this Agreement are free from defects in material and workmanship for a period of one (I) year from the date of system acceptance, except for crystal devices, channel elements, and crystal filters, which are 16 93-437-438 warranted for a period of ten (10) years from the date of shipment. Parts, including crystals and channel elements, will be replaced free of charge for the full warranty period. The labor to replace defective parts will be provided for one-hundred, twenty (120) days from system acceptance. Thereafter, the CITY must pay for the labor involved in repairing the product or replacing the parts at the prevailing rates together with any transportation charges to or from the place where warranty service is provided. The express warranty is extended by MOTOROLA Communications and Electronics, Inc., 1301 E. Algonquin Road, Schaumburg, Illinois 60196, to the original purchaser only. C. Software Warranty: The warranty for MOTOROLA provided software shall be covered by MOTOROLA for a period of one (I) year from the date of system acceptance. D. The expressed warranties contained in this section of this agreement are given in lieu of all other warranties, expressed or implied, which are specifically excluded including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. IN NO EVENT SHALL MOTOROLA BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. E. In the event of a defect, malfunction or failure to conform to specifications established by MOTOROLA, or if appropriate, to specifications accepted by MOTOROLA in writing, during the period shown, MOTOROLA, at its option, will either repair or replace the product or refund the purchase price thereof, and such action on the part of MOTOROLA shall be the full extent of MOTOROLA's liability hereunder. The warranty is void if: (a) the product is used in other than its normal and customary manner; (b) the product has been subject to misuse, accident, neglect or damage; (c) unauthorized alterations or repairs have been made, or unapproved parts used in the equipment. F. This warranty extends only to individual products; batteries are excluded but carry their own separate limited warranty. 17 93-347-348 G. In order to obtain performance of this warranty, the CITY must contact its MOTOROLA salesperson or MOTOROLA at the address first shown attention Quality Assurance Department. 7.1.1 Parts Availability Warranty MOTOROLA warrants the full and complete availability of all MOTOROLA manufactured TRCS equipment parts, components, and service for a period of seven (7) years following MOTOROLA notice of intent to cancel. 7.2 Warranty Period The periods of the warranties set forth in this ARTICLE shall commence upon the actual date that the TRCS system is accepted (final system acceptance) or placed in use by the CITY in accordance with the provisions of ARTICLE 5.1 of this Agreement and terminate as provided in ARTICLE 7.1. MOTOROLA shall provide CITY with a list indicating the description and serial number of each piece of equipment in use. Said list shall be delivered to CITY by or on the day of final system acceptance and updated by delivery of a modified list with each shipment of additional TRCS related equipment purchased by the City, from MOTOROLA, after the date of final system acceptance. In all instances the warranty period shall commence on the date of final system acceptance set forth in the A TP of ARTICLE 5, and it shall terminate as provided in ARTICLE 7.1. 7.3 Warranty Ownership, Authority MOTOROLA warrants that it has full power and authority to grant the rights set forth in this Agreement to the CITY with respect to the TRCS, its software and related documentation without the consent of any other person; and that neither the performance of the services by MOTOROLA nor the right to and use by the CITY of the TRCS, its software and documentation (including the copying thereof as provided herein) will in any manner constitute an infringement or other violation of any copyright, trade secret, trademark, patent, invention, proprietary information, nondisclosure or other rights of any third party. CITY understands that as part of this Agreement CITY may be required to execute license agreements with the licensors of the software needed to operate the TRCS as described in this Agreement and that CITY's possession and use of said software shall be governed by the provisions of said license agreements in addition to the 18 93-437-438 provisions contained herein. 7.4 Compliance with Applicable Laws MOTOROLA further warrants that TRCS, software, its license to and use by the CITY, and the performance by MOTOROLA of the services provided hereunder, shall be in compliance with all applicable laws, rules and regulations. 7.5 TRCS Software Defects All software provided under this agreement will be repaired or replaced to correct reproducible defects that cause a material variance from its published specification during the warranty period as defined in Article 7.1. 7.6 Maintenance and Warranty Records MOTOROLA shall maintain adequate records of all TRCS related hardware and software maintenance and warranty work performed at any time by MOTOROLA and provide the CITY with copies of all such records upon completion of such maintenance and warranty work. 7.7 Copyright or Proprietary Data Notices CITY shall affix copyright or proprietary data notices, as provided by MOTOROLA, where necessary or proper in accordance with MOTOROLA's direction. CITY further agrees to reproduce and include said copyright or proprietary data notices on any copies, in whole or in part, in any form, for the TRCS as such notices may be requested in the future by MOTOROLA. 7.8 Confidentiality of Information The TRCS software, file structures, documentation, algorithms and related software concepts except as otherwise provided herein, shall not be disclosed to any third party in any manner without the written permission of MOTOROLA. 19 93-437-438 7.9 Radio Coverage The City assumes responsibility for system coverage and excuses MOTOROLA from any warrants for guarantee of radio communications coverage. ARTICLE 8. PERSONNEL 8.1 MOTOROLA Personnel The MOTOROLA key personnel to be assigned to the project shall be identified in Article 9 and in Exhibit A, Statement of Work. MOTOROLA shall make its best effort to retain these key personnel assigned to the project until its completion. Temporary or permanent replacement of those individuals identified may occur only with prior written approval of the CITY's Representative. MOTOROLA shall promptly replace any key or other personnel upon the reasonable request of the CITY's Representative. MOTOROLA shall at all times exercise reasonable care and diligence in enforcing discipline and good order among its assigned personnel and in ensuring that the work is executed in a timely and high quality manner. 8.2 CITY Personnel Support The CITY shall make its best effort to retain key CITY personnel assigned to the project. A written list of such personnel and their assignments shall be made available to MOTOROLA within thirty (30) calendar days of the effective date of this Agreement. In the event it becomes necessary to change CITY personnel assignments the CITY shall provide written notification to MOTOROLA regarding such changes. ARTICLE 9. AUTHORIZED REPRESENTATIVES 9.1 CITY Representative The CITY hereby appoints Fred Wilson, or his successor or assignee to represent the CITY with respect to all matters connected with this Agreement. (a) Except for the Dispute Escalation Sequence described in Article 15.2, the CITY's 20 93-437-438 TRCS Project Manager is authorized to perform all roles and duties ascribed in this Agreement to the CITY Representative. 9.2 MOTOROLA Representative During the term of this Agreement, John Anderson, or his successor or assignee is authorized to represent MOTOROLA with respect to all matters connected with this Agreement. ARTICLE 10. COMMUNICATIONS AND NOTICES 10.1 Connnunications All official notices, demands, requests, consents, and approvals either party is required or desires to give to the other shall be in writing and transmitted by U.S. mail, facsimile, or by messenger; and delivery shall be deemed effective upon receipt at the addressee's office or upon personal delivery to the addressee's office or upon personal delivery to the addressee, whichever is applicable. All such notices, if to the CITY, shall be addressed as set forth in ARTICLE 10.2 and if to MOTOROLA shall be addressed as set forth in ARTICLE 10.3. Either party may change its address by notifying the other party of the change and its effective data. 10.2 Official CITY Address All written communications pertaining to this agreement from MOTOROLA to the CITY shall be addressed as follows: City of San Bernardino Attn: Mr. Fred Wilson 300 N 'D' Street San Bernardino, CA 92418 Additionally, MOTOROLA shall use its best efforts to send a copy of all written communications pertaining to this agreement, via first class mail to: THE COMMUNICATIONS GROUP Attn: Kenyon Crabtree 21 93-437-438 1863 Montgomery Drive Vista, California 92084 10.3 Official MOTOROLA Address All written communication pertaining to this agreement from the CITY to MOTOROLA shall be addressed as follows: MOTOROLA Communications and Electronics, Inc. 1301 Algonquin SH/4 Schaumburg, 1L. 60196 Attn: Mr. John Andersen Additionally, CITY shall use its best efforts to send a copy of all written communications pertaining to this agreement, via first class mail, to: MOTOROLA Communications and Electronics, Inc. 1700 Iowa Avenue, Suite 190 Riverside, CA 92507 Attn: Rex Hamilton and THE COMMUNICATIONS GROUP 1863 Montgomery Drive Vista, CA 92084 Attn: Mr. Kenyon Crabtree ARTICLE 11. FINANCIAL REPORTS AND STATEMENTS During the period of this Agreement MOTOROLA will provide the CITY with oral and written financial data in the form of reports and statements as indicated herein. Such reports shall be delivered to the CITY's Representative and will be limited to the following specific types of financial data. (a) Invoices for equipment and services provided to the CITY under this 22 93-437-438 agreement. (b) Periodic summaries of payments received by MOTOROLA from the CITY. (c) Projections of Milestone completions and related payments over specific future time periods. (d) Quotations in response to CITY requests as related to changes in the work. 23 93-347-348 ARTICLE 12. NON-INTERFERENCE WITH CITY AGENCIES MOTOROLA's performance of work under this Agreement must not interfere unnecessarily with the operation of any CITY Agency. If MOTOROLA, as a result of its own operations or work efforts, disrupts or otherwise interferes with existing City operations and causes a degradation or interruption of the City's performance of those operations beyond the scheduled computer downtime, Motorola will assume responsibility and costs incurred for resolution of the problem. If the CITY, as a result of its own operations, substantially delays, disrupts or otherwise interferes with and changes MOTOROLA's performance hereunder, schedule and/or price adjustments will be determined mutually and accomplished by a change order in accordance with ARTICLE 14. ARTICLE 13. EXCUSABLE DELAYS OF PERFORMANCE The parties obligations to perform under this Agreement shall be suspended, without forfeiture of any performance bond or the incurring of any financial liability , when and for as long as such performance is prevented by reason of any of the following cases: (a) acts of God, (b) operation of law, (c) the inability to obtain necessary materials, supplies or equipment by reason of appropriation or use thereof by the State or Federal Government or by reason of regulations imposed by the State or Federal Government, (d) any acts of the enemies of the State of California or of the United States of America, (e) an industry-wide strike, (t) mob violence, or, (g) fire and delays in transportation, to the extent that they are not caused by the party's willful or negligent acts or omissions, and to the extent that they are beyond the party's reasonable control. The Implementation Schedule shall be adjusted consistent with the term of this delay. ARTICLE 14. CHANGES, DELETIONS OR ADDITIONS TO AGREEMENT 14.1 CITY Change Requests In the event that the CITY identifies changes or deletions to the work tasks specified in this Agreement or additional work to be performed within the scope of the work set forth in this Agreement, the CITY shall submit a request for such changes, deletions or additions, in writing, in the following manner: 24 93-437-438 (a) The nature of the change, deletion or addition requested including a brief description of any new or altered requirements, a description of the requested work to be changed, deleted or added and, to the extent possible, whether or not the CITY is willing to alter any requirement to accommodate the change, deletion, or addition, reference to the portions of this Agreement, including exhibits or attachments or other documents which will be affected. 14.2 Change Proposal Within twenty (20) (ten (10) for CITY designated "priority" requests) CITY working days following MOTOROLA's receipt of the CITY's written request for a change, deletion or addition, MOTOROLA shall prepare and deliver to the CITY a written statement which shall include the following data: (a) Technical impact of the change, deletion or addition on existing requirements and characteristics; (b) Total cost of the change, addition or deletion; (c) Estimated time schedule to incorporate the change, deletion or addition and its impact on the Implementation Schedule; (d) Impact of the change, deletion or addition on the suppliers, vendors or subcontractors, if any; (e) Impact of the change, deletion or addition on any other part of this Agreement including exhibits, attachments or other documents which will be affected by a request. (t) Estimated California Sales or Use Tax Impact; and (g) The period of time for which such statement is valid. (h) Any alterations to this contract which cause an increase or decrease in the cost or time required for the performance of any part of this contract shall not become binding until both the CITY and MOTOROLA have agreed upon an equitable adjustment and the contract has been modified in writing accordingly. 25 93-437-438 14.3 Change Order Notice Upon acceptance by the CITY of MOTOROLA's written statement for a proposed change, the CITY shall deliver to MOTOROLA a Change Order Notice, executed by the CITY's Representative, or his designated representative, specifying the change to be made and all of the particulars set forth in ARTICLE 14.1 and 14.2 above as agreed upon, and except as otherwise provided herein, this Agreement and all pertinent Exhibits and Attachments hereto shall be deemed amended in accordance with said Change Order Notice(s); and related copy changes to said pertinent Agreement, exhibits, and attachments shall be provided to the CITY by MOTOROLA, see Add and Delete Schedules in Exhibit D. 14.4 MOTOROLA Change Requests MOTOROLA may suggest to the CITY that changes be made to the work program within the general scope of the work contemplated in this Agreement. Such suggested changes may include, but shall not be limited to, substitutions, deletions or additions, upgrading or enlarging the TRCS components. Such changes may also be suggested for the purpose of adjusting the Implementation Schedule or meeting other TRCS requirements. All such suggested changes shall be made in accordance with the applicable provisions of ARTICLE 14.2 and 14.3 above and no such changes shall be made without the prior written approval of the CITY's Representative. 14.5 Changes in CITY's Total Obligation NOTWITHSTANDING Article 9.1, CITY Representative, or any other provision of this Agreement, any changes or additions thereto which will increase the CITY's total obligation set forth in ARTICLE 3.1 of this Agreement shall be accomplished by a written amendment approved by the CITY. The CITY shall not be obligated for payment of any such changes or additions made in violation of this ARTICLE. Should the total obligation of the CITY be reduced by any changes, substitutions, or deletions hereunder, the CITY shall be credited for such reduction which shall be suitably defined and detailed upon the subsequent billing invoice to the CITY. 26 93-437-438 ARTICLE 15. DISPUTES 15.1 General "Dispute" shall include every controversy ansmg under or in connection with this Agreement, its performance, or any acts or events done or occurring in connection with the Communications System. 15.2 Procedure Any dispute by either party shall be presented to the CITY for its consideration and decision through the CITY's Representative. MOTOROLA and the CITY agree to negotiate in good faith to resolve any dispute under this Agreement. Any dispute that is not settled by agreement of both parties may be settled in the State or Federal Courts of the State of California. MOTOROLA agrees to adhere to the decision of the CITY and continue with all work on the TRCS except in situations where MOTOROLA feels performance thereof shall jeopardize system performance. However, nothing herein is meant to limit the rights of either party available by law. 15.3 Attorney's Fees In any action at law or in equity by the CITY or MOTOROLA for recovery of any sum or credit due under this Agreement, or to enforce any of the terms, covenants or conditions contained herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements incurred in such action. ARTICLE 16. TERMINATION 16.1 CITY's Right to Tenninate (a) If MOTOROLA fails to provide an operational system as described in the SOW, or fails to make delivery or complete installation under the Agreement, the CITY may consider MOTOROLA to be in default, unless such failure has been caused by the conditions set forth in Article 13. The CITY shall give MOTOROLA written notice of such default and MOTOROLA shall have thirty (30) days to provide a mutually acceptable plan of action to cure said default. If 27 93-437-438 MOTOROLA fails to cure said default, the PURCHASER may terminate any unfulfilled portion of this Agreement or complete the system through a third party. In this event, CITY has the right to invoke the provisions of the Performance Bond, executed per Article 18. In the event of default, MOTOROLA shall not be liable for any incidental, special or consequential damages, nor for any liquidated damages subsequent to default. (b) In the event that the CITY chooses to terminate this contract solely for the convenience of the CITY, MOTOROLA will, upon notification, take all reasonable steps to minimize termination costs. The CITY shall be liable to MOTOROLA for equipment and services provided to the date of notice to terminate and for reasonable costs which may be borne by MOTOROLA in the termination of subcontracts, removal of installation and test equipment, and other costs directly related to an unforeseen and abrupt termination. 16.2 Notification of Termination Any such termination shall be effected by delivery to MOTOROLA of a Notice of Termination specifying whether termination is for the default of MOTOROLA or for the CITY's convenience, the extent to which work under this Agreement is terminated, and the date upon which such termination becomes effective. If, after Notice of Termination of this Agreement for default it is determined by CITY or a court of competent jurisdiction that MOTOROLA's failure to perform is due to causes specified in the provisions of ARTICLE 13 of this Agreement (Excusable Delays of Performance) the Notice of Termination shall be deemed to have been issued in the interests of the CITY and the rights and obligations of the parties hereto shall in such event be governed accordingly. 16.3 Effect of Termination Notification After receipt of a Notice of Termination and except as otherwise directed by the CITY, MOTOROLA shall stop work under this Agreement on the date and to the extent specified in the Notice of Termination. MOTOROLA shall place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under this Agreement as is not terminated. 28 93-437-438 MOTOROLA shall terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination. The CITY shall settle or pay any and all claims arising out of such orders and subcontracts assigned to the CITY to the extent MOTOROLA has not been paid therefor and is not responsible for such payments as the result of the CITY's notice of termination for its convenience. At the CITY's option and with its prior approval, MOTOROLA shall settle all outstanding liabilities and all claims arising out of the termination of such orders and subcontracts. (a) MOTOROLA shall be paid for items it delivers hereunder. MOTOROLA and the CITY shall work together in good faith to determine and agree upon the whole or any part of the amount or amounts to be paid to MOTOROLA by reason of the total or partial termination of work pursuant to this ARTICLE. (b) MOTOROLA shall complete performance of such part of the work as shall not have been terminated by the Notice of Termination. MOTOROLA shall take such action as may be necessary, or as the CITY may direct, for the protection and preservation of the property related to this Agreement which is in the possession of MOTOROLA and in which the CITY has or may acquire an interest. (c) MOTOROLA shall proceed immediately with the performance of the obligations specified in ARTICLE 16.3 notwithstanding any delay in determining or adjusting the prices due under this Agreement. 16.4 Invoicing of Non-Default Termination Expenses After receipt of a Notice of Termination for CITY's convenience by MOTOROLA, MOTOROLA shall submit to the CITY its invoices for its termination expenses. Such invoices shall be submitted promptly, but in no event later than one hundred eighty (180) calendar days from the effective date of termination, unless one or more extensions in writing are granted by the CITY upon requests of MOTOROLA made in writing within such period or any authorized extension thereof. 16.5 Determination of Costs Upon any termination for the convenience of the CITY, MOTOROLA and the CITY shall work together in good faith to determine and agree upon the whole or any part of 29 93-437-438 the amount or amounts to be paid to MOTOROLA by reason of the total or partial termination of work. 16.6 Failure to Agree on Cost In the event of the failure of MOTOROLA and the CITY to agree in whole or in part, as provided in Section 16.5, as to the amounts to be paid to MOTOROLA in connection with the termination of work for the convenience of the CITY, MOTOROLA shall, nevertheless, be entitled to payment for the following: (a) All amounts and expenses incurred by MOTOROLA in the performance of the work on this Agreement prior to said termination not previously paid to MOTOROLA and such additional amounts as may be incurred out of necessity within a reasonable time thereafter with the written approval of or as directed by the CITY. Provided, however, that MOTOROLA shall proceed as rapidly as practicable to discontinue all additional costs. (b) So far as not included under Section 16.6(a), the costs of settling and paying claims arising out of the termination of work under subcontracts or orders, as provided in ARTICLE 16.3 which are related to the terminated portion of this Agreement. (c) The reasonable costs of settlement, including accounting, legal, clerical, and other expenses reasonably necessary for the preparation of the invoices for termination expenses and supporting data for the termination and settlement of subcontracts hereunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of termination inventory. 16.7 Payment in Case of Dispute Re: Termination Costs If MOTOROLA disagrees with any determination made by the CITY, such difference shall be resolved in accordance with ARTICLE 15 of this Agreement. In any case where the CITY had made a determination of the amount due in accordance with ARTICLE 16.4 or ARTICLE 16.6 the CITY shall pay such amount to MOTOROLA forthwith. If a protest has been taken up to the CITY Representative, the CITY shall also pay to MOTOROLA any additional amount finally determined to be due 30 93-437-438 MOTOROLA as a result of such protest. 16.8 Deductions from Agreed to Costs In arriving at the amount due MOTOROLA under ARTICLE 16 there shall be deducted (a) all payments theretofore made to MOTOROLA applicable to the terminated portion of this Agreement, (b) any amount due the CITY from MOTOROLA in connection with this Agreement, and (c) the Agreed price for, or the proceeds of sale of, any materials, supplies, or other items acquired by MOTOROLA and sold pursuant to the provisions of this ARTICLE and not otherwise recovered by or credited to the CITY. ARTICLE 17. LIABILITY 17.1 Indemnification MOTOROLA agrees to and hereby indemnifies and saves CITY harmless from all liabilities, judgements, costs, damages and expenses which may accrue against, be charged to, or recovered from the CITY by reason of or on account of damage to the property of the CITY or the property of, injury to, or death of any person, when such damage or injury is caused by MOTOROLA's negligence or that of its employees, subcontractors, or agents while on the premises of the CITY during the delivery and installation of the communications equipment. In no event will MOTOROLA be liable for incidental, special or consequential damages. 17.2 Indemnification Regarding Patent Rights, Copyrights, Proprietary Data and Trade Secrets (a) MOTOROLA does hereby indemnify and shall hold harmless the CITY, (hereinafter referred to as the "Indemnified Party") against all claims including reasonable attorney's fees, arising out of or relating to the violation or alleged violation, or infringement or alleged infringement of any trade secret, proprietary information, trademark, copyright or patent right, in connection with the CITY's use of the TRCS. MOTOROLA shall at CITY's option conduct the defense in any such third party action arising as described herein and CITY promises fully to cooperate with such defense. This indemnification is limited to the TRCS 31 93-437-438 delivered to the CITY or as modified by MOTOROLA and does not cover third party claims arising from any modifications not authorized by MOTOROLA. . (b) If a third party claim causes quiet enjoyment and use of the TRCS equipment, hardware or software to be seriously endangered or disrupted, MOTOROLA shall (1) replace the TRCS equipment, hardware or software, without additional charge, by a compatible, functionally equivalent and non-infringing product; or (2) retain the TRCS functions but modify the TRCS to avoid the infringement; or (3) obtain a license for the CITY to continue use of the TRCS as provided in this Agreement and pay for an additional fee required for such license. 17.3 Liquidated Damages MOTOROLA agrees to pay Liquidated Damages in the amount of three hundred dollars ($300.00) per day for every day system acceptance is delayed beyond the dates set forth in Exhibit B to the Agreement, Implementation Schedule. In no event will liquidated damages extend past sixty (60) days. MOTOROLA will not be held responsible for any damages that are assessed as a result of delays as defined in Article 13, or delays by the CITY which shall include but are not limited to the providing of appropriate and required information, timely access to sites, facilities and vehicles, licensing, and the providing of outside services or any other causes outside of MOTOROLA's control. In no event will MOTOROLA accept the assessment of liquidated damages once the CITY is using the trunked radio communications system for its intended purpose. ARTICLE 18. BONDS 18.1 Faithful Perfonnance and Payment Bond Within seven (7) calendar days of approval by CITY of this Agreement, MOTOROLA shall post a Faithful Performance and Payment Bond from a corporate surety which is satisfactory to the CITY: (a) Conditioned for the faithful performance by MOTOROLA of all the terms, covenants, and conditions of this Agreement; and 32 93-347-438 (b) As security for the prompt payment to all persons supplying labor and material in the prosecution of the work to be performed under this Agreement and any and all duly authorized modifications hereof. 18.2 Bond Fonn and Penal Amounts Such bond shall be on a form to be approved by the CITY. The penal amount of the bond shall be a penal sum equal to one hundred percent (100%) of the Total Price specified in ARTICLE 3 to be paid to MOTOROLA for its performance hereunder, without any deduction therefrom. Recovery by the CITY under any performance bond(s) shall occur upon determination of default in accordance with Section 16.1. In no event will liquidated damages extend beyond the final determination of default. ARTICLE 19. RIGHT TO RETAIN A CONSULTANT(S) The CITY shall have the right to retain consultants and firm(s) in an advisory capacity to assist the CITY in reviewing MOTOROLA's progress and technical efforts, and to assist the CITY in other matters as the CITY may deem appropriate. ARTICLE 20. INCORPORATION OF EXHIBITS AND DEFINITIONS 20.1 Incorporation of Exhibits The following Exhibits are hereby incorporated into and made a part of this Agreement hereafter referred to as though set forth at length, except where certain portions of specific Exhibits have been deleted or superseded by other sections of this Agreement. Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E STATEMENT OF WORK Implementation Schedule Milestones and System Payment Schedule Add and Delete Schedule Purchased Equipment List 33 93-437-438 Exhibit F Exhibit G Exhibit H Optional Spare Parts Motorola "FNE Installations" Quality Standards Software Licences Any reference to the "Agreement" in these documents includes this document and Exhibits A through H. The effect, significance and applicability of the various Exhibits or Sections thereof are as specified in those portions of the Agreement which make specific reference to them. 20.2 Defmition of "CITY" Unless otherwise specified, whenever the term "the CITY" or "CITY" is used in this Agreement, it shall mean and include the City of San Bernardino, California, its officers, agents and employees. 20.3 Definition of "MOTOROLA" Unless otherwise specified, whenever the term "MOTOROLA" is used in this Agreement, it shall mean and include MOTOROLA Communications and Electronics, Inc. its officers, agents, employees, suppliers and subcontractors. ARTICLE 21. ORDER OF PRECEDENCES BETWEEN AGREEMENT AND EXHmITS In the event of an inconsistency between any of the provisions of this Agreement and/or the Exhibits hereto, the inconsistency shall be resolved by giving precedence in the following order: 1. Articles of this Agreement 2. Exhibit A, STATEMENT OF WORK 3. Exhibit E, Purchased Equipment List 4. Exhibit B, Implementation Schedule 5. Exhibit C, Milestones and System Payment Schedule 34 93-437-438 ARTICLE 22. GENERAL PROVISIONS 22.1 Construction of Provisions and Titles Herein All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning, not strictly for or against the CITY or MOTOROLA, and not against either party as its drafter since both parties agree they had an equal hand in drafting this Agreement. The singular shall include the plural; use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. 22.2 Number of Originals The number of original texts of this Agreement shall be equal to the number of the parties hereto, one text being retained by each party. In the event of a conflict between the two original texts, the copy maintained by the CITY Representative shall control. 22.3 Severability If any portion of this Agreement or any exhibits or portion thereof is held to be invalid by a court of law such provision shall be considered severable, and the remainder of this Agreement or any provision hereof shall not be affected. 22.4 Applicable Law, Interpretation and Enforcement Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY. This Agreement shall be enforced and interpreted under the laws of the State of California and the CITY. 22.5 Time of Effectiveness Unless otherwise provided this Agreement shall take effect when all of the following events have occurred: 35 93-437-438 (a) This Agreement has been signed on behalf of MOTOROLA by the person or persons authorized to bind MOTOROLA hereto; and (b) This Agreement has been approved by the CITY. This Agreement will be in effect as of the last date of signature. 22.6 Integrated Agreement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for in Article 22.7 hereof. 22.7 Amendment All amendments hereto shall be in writing and signed by the persons authorized to bind the parties thereto. The CITY Representative shall approve all amendments for the CITY except those identified under Article 14.5 entitled "Changes in CITY's Total Obligation" providing for expressed approval by the CITY. 22.8 Breach Except for excusable delays, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. MOTOROLA and CITY agree to utilize the disputes resolution procedure of Article 15, Disputes, prior to commencing any legal or equitable action. 22.9 Independent Contractor MOTOROLA is acting hereunder as an independent contractor and not as an agent or employee of the CITY. MOTOROLA shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee 36 93-437-438 of the CITY. 22.10 Prohibition Against Assignment or Delegation MOTOROLA may not, unless it has first obtained the written permission of the CITY; (a) Assign or otherwise alienate any of its rights hereunder, including the right to payment; or (b) Delegate, subcontract, or otherwise transfer any of its duties hereunder. 22.11 Permits MOTOROLA and its officers, agents and employees shall obtain and maintain permits that apply to the installation of the defined MOTOROLA equipment and as stated in the STATEMENT OF WORK, Exhibit A. 22.12 Nondiscrimination and Affirmative Action MOTOROLA shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the CITY. In performing this Agreement, MOTOROLA shall not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, or physical handicap. MOTOROLA shall also comply with all rules, regulations, and policies of the CITY relating to nondiscrimination and affirmative action, including the filing of all forms required by said Office. Any subcontract entered into by MOTOROLA relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this Article. 22.13 Claims for Labor and Materials MOTOROLA shall promptly pay when due all amounts payable for labor and materials furnished in the performance of this Agreement so as to prevent any lien or other claim under any provision of law from arising against any CITY property (including reports, documents, and other tangible matter produced by MOTOROLA hereunder), against MOTOROLA's rights to payments hereunder, or against the CITY, and shall pay all 37 93-437-438 amounts due under the Unemployment Insurance Act with respect to such labor. 22.14 Insurance In order to accomplish the indemnification herein provided for, but without limiting the indemnification, MOTOROLA shall secure and maintain throughout the term of the contract the following types of insurance with limits as shown: (a) Workers Compensation A program of worker's compensation Insurance or a State-approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of MOTOROLA and all risks to such persons under this Agreement. (b) Comorehensive General and Automobile Liability Insurance This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). (c) Contractual Liability - Work Contracts The liability policy shall include Contractual Liability Coverage designed to protect the CITY for contractual liabilities assumed by MOTOROLA in the performance of the contract. (d) Subcontractor's Public Liability and Property Dama!!e Insurance MOTOROLA shall require each of his subcontractors to secure and maintain during the life of the contract, insurance of the types specified above or insure the activities of his subcontractors in his policy, as specified above. (e) Broad Form Prooerty Dama!!e Coverages and Completed Operations The liability policy shall include Broad Form Property Damage Coverage and Completed Operations. 22.14.1 Insurance Certificates 38 93-437-438 MOTOROLA shall furnish certificates of insurance and copies of all policies and endorsements to the CITY evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the CITY, and shall maintain such insurance from the time MOTOROLA commences performances of services hereunder until the completion of such services. 22.14.2 Insurance Endorsements All policies, with respect to the insurance coverage above required, except for the Workers' Compensation insurance coverage and professional liability coverage, if applicable, shall contain additional endorsements naming the CITY, its employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. 22.14.3 Waiver of Subrogation MOTOROLA shall require the carriers of the above required coverages to waive all rights or subrogation against the CITY, its officers, volunteers, employees, contractors and subcontractors. 22.14.4 Primary Insurance All policies required above are to be primary and non-contributing with any insurance or self-insurance programs carried or administered by the CITY. 22.14.5 Self-Insurance and Self-Insured Retentions Self-insurance programs and self-insured retentions in insurance policies are subject to separate approval by the CITY upon review of evidence of MOTOROLA's financial capacity to respond. Additionally, such programs or retentions must provide the CITY with at least the same protection from liability and defense of suits as would be afforded by first-dollar insurance. 22.14.6 Failure to Procure Insurance MOTOROLA's failure to procure and maintain the required insurance or self-insurance 39 93-437-438 program during the entire term of this Agreement shall constitute a material breach of this Agreement under which the CITY may immediately terminate this Agreement or, at its discretion, procure or renew such insurance to protect CITY's interests and pay any and all premiums in connection therewith, and recover all monies so paid from MOTOROLA. 22.14.7 Underlying Insurance MOTOROLA shall be responsible for requiring indemnification and insurance as it deems appropriate from its employees receiving mileage allowance, agents and subcontractors, if any, to protect MOTOROLA's and the CITY's interests, and for ensuring that such persons comply with any applicable insurance statutes. 22.15 Consent Whenever consent or approval of either party IS required, that party shall not unreasonably withhold such consent or approval. 22.16 Survival The obligations of the parties which, by their nature, continue beyond the term of this Agreement, will survive the termination of this Agreement. 22.17 Waivers No waiver by either party of any provisions of this Agreement shall be deemed to be a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provisions. 22.18 Time of Essence Time is of the essence of each provision of this Agreement which specifies a time within which performance is to occur. In the absence of any specific time for performance, performance may be made within a reasonable time. 22.19 Promotional Tours To protect the privacy, operational effectiveness, and integrity of CITY's use of the 40 93-437-438 TRCS, MOTOROLA will refrain from arranging or encouraging promotional or other visits or telephone calls to CITY, except as specifically approved in advance by the CITY's Representative or his designee. 22.20 Substitutions During performance of this project, it is understood that MOTOROLA may implement changes in the products set forth in the proposal, or substitute products of more recent design; provided, however, that any such changes, modifications or substitutions, under normal and proper use shall not materially or adversely affect physical or functional interchangeability or performance, except where there is written agreement between the parties that specific characteristics will be so affected. ARTICLE 23. LIMITATION OF LIABILITY Except for personal injury or death, MOTOROLA's total liability whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, is limited to the price of the particular products sold hereunder with respect to which losses or damages are claimed. The CITY's sole remedy is to request MOTOROLA at MOTOROLA's option to either refund the purchase price, repair or replace product(s) that are not as warranted. IN NO EVENT WILL MOTOROLA BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAYBE DISCLAIMED BY LAW. No action shall be brought for any breach of this contract more than one (1) year after the accrual of such cause of action except for money due upon an open account. ARTICLE 24. GLOSSARY Term Meaning This Agreement consists of the Articles herein, all Exhibits, and Attachments or other parts of such Exhibits. It is the same as "contract" when the context so indicates. (b) Contract Written or printed Materials to be delivered at various points Deliverable in time following Agreement award, such as Agreement Exhibits, or other documents. (c) Site A single, defined location containing radio, and/or microwave (a) Agreement 41 93-437-438 (d) TRCS equipment. The entirety of the 800 MHz Trunked Radio Communications System. 42 """;::' .~\~--y 93-437-438 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the last day and year written below. CITY OF SAN BERNARDINO Name: T. W. Jaran Corporate Vice President and General Manager By: ---r~~;Ui~ Tom Mmor, Mayor Title: Date: December 13, 1993 ATTEST: By: KO-c!<.J rJaJi- ~ A(1/y)~7u ~j;)dMO--/ f2epuiiJ Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ./L 43 . ;i..;;...__,":\~ '-\-,::.:: > OQ.\LI ~~.... 93-437-438 EXHIBIT A STATEMENT OF WORK 93-437-438 STATEMENT OF WORK THE DESIGN, IMPLEMENTATION, CUTOVER AND TESTING OF A COMMUNICATIONS DISPATCH CENTER FOR THE CITY OF SAN BERNARDINO, CALIFORNIA November, 1993 Prepared by: 800 MHz Proiect Transition Committee [Technical Subcommittee] Police/Fire/Communications Management of Information Services 300 N 'D' Street San Bernardino, CA 92418 93-437-438 TABLE OF CONTENTS PAGE 1 INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-1 1.1 General Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-1 1.1.1 Specifications ................................ 1-1 1.1.2 Quality of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-1 1.1.3 Implementation Schedule Startup Date ................. 1-2 1.1.4 Site Review and Definition ........................ 1-2 1.1.5 Site Preparation Development. . . . . . . . . . . . . . . . . . . . . .. 1-2 1.1. 6 Standards and Regulations . . . . . . . . . . . . . . . . . . . . . . . .. 1-3 1.2 San Bernardino/Motorola Project Focal Points. . . . . . . . . . . . . . . .. 1-3 1.3 Order Writeup/Edit ...... . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-4 1.4 Motorola Responsibilities ............................. 1-5 1.4.1 Installations .............. . . . . . . . . . . . . . . . . . . .. 1-5 1.4.2 Regulatory/FCC License .......................... 1-5 1.4.3 Service Parts ................................. 1-6 1.4.4 Shipped Equipment Receipt and Inventory ............... 1-6 1.5 City Responsibilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-6 1.5.1 Sites and Site Preparation . . . . . . . . . . . . . . . . . . . . . . . .. 1-6 1.6 Standards of Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-7 1. 7 System and Equipment Layout .......................... 1-7 1.8 Turnkey System Implementation ......................... 1-8 1.9 Radio Communications Coverage. . . . . . . . . . . . . . . . . . . . . . . .. 1-8 1.10 Acceptance Test Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-8 1.11 Final Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-9 1.12 Warranty Commencement ...... . . . . . . . . . . . . . . . . . . . . . .. 1-9 2 SYSTEM DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-1 2.1 Scope......................................... 2-1 2.1.1 History .................................... 2-1 2.1.2 System Configuration ........................... 2-3 2.1.3 System Implementation. . . . . . . . . . . . . . . . . . . . . . . . . .. 2-4 2.2 Scope of Work - Phase Two 2-6 2.2.1 Dispatch Center Consoles ...... . . . . . . . . . . . . . . . . . .. 2-6 2.2.2 Electronics Backroom Equipment .................... 2-7 2.2.3 Base Stations, Repeaters, and Control Stations ............ 2-8 2.2.4 Interface to County CEB . . . . . . . . . . . . . . . . . . . . . . . . .. 2-8 2.3 Communication Links . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-8 2.4 System Warranty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-9 2.5 System Drawings .................................. 2-9 3 INSTALLATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3-1 3.1 General............... . . . . . . . . . . . . . . . . . . . . . . . .. 3-1 93-437-438 3.1.1 Motorola Required Tasks ..................... 3-1 3.1.2 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3-2 3.1.3 System Optimization Tasks. . . . . . . . . . . . . . . . . . . . . . . .. 3-3 3.1.4 Implementation Supervision ........................ 3-4 4 TRAINING AND SYSTEM DOCUMENTATION ................. 4-1 4.1 General .......................................... 4-1 4.1.1 System Operator Training ......................... 4-1 4.1.2 Technical Support .............................. 4-1 4.1.3 System Maintenance Training ....................... 4-2 4.1.4 System Documentation ........................... 4-2 93-437-438 City of San Bernardino. California - Statement of Work 1 INTRODUCTION The quality implementation of the installation, configuration, acceptance testing, and cutover of the City Dispatch Center (hereinafter referred to as CDC) requires that the parties involved clearly understand the precepts under which the project has been planned and who maintains specific areas of responsibility. 1.1 General Requirements This Statement of Work (SOW) which is Exhibit A of the Agreement between the City of San Bernardino (City) and Motorola, Inc. (Motorola), hereinafter referred to as the Agreement, defines the tasks and responsibilities of both parties with regard to the turnkey implementation of a CDC as well as the supporting electronics backroom equipment, and interconnection of remote operator positions to the County of San Bernardino CEB. In any question of installation, criteria, or other intent regarding this document and the specification, this document has precedence. 1.1.1 Specifications Equipment and software specifications and system layouts are provided in this SOW and included as attachments to the Agreement. These attachments provided by Motorola and others, may be technical product sheets, special narratives, printed brochures or other printed matter which clearly defines the technical parameters and describes the form, fit, function, facility impact, power requirements and interface requirements of all the equipment, software and subsystems comprising the CDC. 1.1.2 Quality of Work All work shall be performed in a professional workmanship manner consistent with high quality commercial practice and in accordance with Motorola's National Service publication number R56, Quality Standards - FNE Installations. In all phases of the work, Motorola will exercise the care and diligence that is associated with the design and San Bernardino City Dispatch Center 1-1 93---437---438 City of San Bernardino, California - Statement of Work implementation of the highest quality public safety communications systems. Motorola will furnish all the necessary installation hardware, peripheral equipment, fasteners, fixtures, cabling, connectors, and other equipment and procedures necessary to install, cutover, and test the City Dispatch Center defined in this document. 1.1.3 Implementation Schedule Startup Date Motorola will consider the official Notice to Proceed date as day one (1) of the project implementation schedule. 1.1.4 Site Review and Definition Motorola will conduct site surveys of the City Hall Dispatch Center, Transmitter Room, Electronics Backroom and Rooftop with the City Project Manager and Communications Maintenance personnel. The purpose of these surveys is to finalize system engineering and equipment placement plans. These plans will indicate communications equipment detail that apply to each specific site and reflect the final as-built documentation. 1.1.5 Site Preparation Development Motorola will commence installation at City equipment rooms and Dispatch after notification that all site preparation that is determined to be the responsibility of the City has been completed. This is to include, but not limited to, City changes to the electrical, air conditioning, backup generator, transfer panel, grounding, wall preparation, and suspended ceiling modifications to the City Hall Penthouse Transmitter Equipment Room. Motorola will commence installations at County sites after the City has obtained the required lease agreement from the County and received the County's approval to proceed with installation. 1.1.6 Standards and Regulations San Bernardino City Dispatch Center 1-2 93-437-438 City of San BerJUlrdino, California - Statement of Work Equipment provided by Motorola shall meet or exceed the following publications and standards. These documents shall be the current issue as of the date of this statement of work. FCC Rules and Regulations FAA Part 77 Federal Aviation Regulations Electronic Industries Association Standards EIA-152 Minimum Standards for Land-Mobile Communication FM or PM Transmitters EIA-195 Electrical and Mechanical Characteristics for Terrestrial Microwave Relay System Antennas and Passive Reflectors EIA-204 Minimum Standards for Land-Mobile Communication FM or PM Receivers EIA-210 Terminating and Signalling Equipment for Microwave Communication Systems EIA-222 Structural Standards for Steel Antenna Towers and Antenna Supporting Structures EIA-232 Interface between data terminal equipment and data circuit-terminating equipment employing serial binary data interchange EIA-252 Standard Microwave Transmission Systems EIA-31O Racks, Panels and Associated Equipment EIA-329 Minimum Standard for Land Mobile Communications Antennas, Part I - Base or Fixed Station Antennas, and Part II, Vehicular Antennas Where specified, radio equipment shall meet specific requirements of parts of Military Standard 810 National Electrical Code Local Electrical and Building Code National Fire Protection Association (NFPA) #1221 FCC NPSPAC Docket Number 87-112 In the event of inconsistencies between this specification and the documents listed above, the requirements of this statement of work shall take precedence over all but the regulatory requirements listed above. 1.2 San Bernardino/Motorola Project Focal Points Upon a notice to proceed, Motorola shall identify the proposed Motorola System Program Manager to the City. The Program Manager shall have extensive field experience in the implementation of like systems and the City will have final approval of the candidate manager. San Bernardino City Dispatch Center 1-3 93--437--438 City afSan Bernardino, California - Statement of Work The Motorola System Program Manager will be responsible for coordinating the activities of all subcontractors of Motorola performing work on this project. To ensure that the project progresses in an orderly and efficient manner, the City will appoint a Project Manager to coordinate City Agencies' needs, manage the project implementation and serve as a focal point of communications with Motorola's System Program Manager. The Motorola System Program Manager will schedule a formal monthly meeting with the City Project Manager from date of Notice to Proceed until completion of system final acceptance. Informal meetings to resolve project details will occur as often as required. Project status reports will be submitted by Motorola on a monthly basis until project completion. An updated schedule of events will be included in this report. 1.3 Order Writeup/Edit Motorola will order the total equipment package based on the purchased equipment list presented in Exhibit E. Minor modifications for connectors, cables, fasteners, and miscellaneous small parts are acceptable and will be paid for by Motorola. The equipment list is considered complete as proposed. Any changes to the equipment list or design will be treated as a contract change order and affect both the schedule and the price of the project. The equipment list is to be reviewed by the City, The Communications Group, and Motorola only. 1.4 Motorola Responsibilities 1.4.1 Installations Motorola shall coordinate with the City prior to installation at all sites. Motorola will supply the equipment listed in Exhibit E, Purchased Equipment List, and all associated San Bernardino City Dispatch Center ]-4 93-437-4.38 City ofStm Bernardino, California - Statement of Work software, cabling, connectors, and mounting hardware required to implement the fully operational CDC described in this document. All system hardware and software will be developed and manufactured at the respective Vendors facilities, and delivered by Motorola. Motorola will provide both the electrical and mechanical interfaces necessary to place CDC supplied equipment into operation. Motorola will provide and connect ground conductors from all applicable Motorola supplied fixed equipment to ground points supplied by the City or County at each site. All mechanical hardware relating to the installation will be supplied by Motorola. All coaxial cable installed by Motorola will conform to the standards set forth in Motorola's National Service publication number R56, Quality Standards - FNE Installations. All required control lines will be coordinated and provided by Motorola. Cable runs, in- house will be implemented by Motorola except for those as provided by the City to interconnect the City Hall Transmitter Room and the City Hall Basement Dispatch Center. Existing conduit runs can be used, if space for the cable or cables exist. 1.4.2 Regulatory/FCC License All equipment used in the system that will operate on the 800 MHz channels will be designed and manufactured to meet or exceed the minimum technical standards required for operation in the 800 MHz, 12.5 kHz offset environment and the NPSPAC requirements. 1.4.3 Service Parts Motorola shall guarantee that a complete stock or inventory of parts will be available in the Southern California area to accommodate immediate repair or maintenance of system components. Motorola shall also provide the location and telephone numbers of the parts San Bernardino City Dispatch Center ]-5 93-437-438 City of San Bernardino, California - Statement of Work and service facilities available to accommodate local system maintenance. 1.4.4 Shipped Equipment Receipt and Inventory Motorola System Program Management will advise the City of its requirements for a warehouse of sufficient size and adequate security to accommodate the system equipment prior to installation. Motorola Personnel will be provided to receive and inventory equipment as required. Received equipment files will be available to the City for review and will become a part of the as-built documentation. 1.5 City Responsibilities 1.5.1 Sites and Site Preparation With regard to provision of equipment rooms, dispatch center, and supporting sites, the City will provide the following: a) The necessary space on designated structures and towers for Motorola supplied and installed equipment including: antennas, transmission lines, mounting hardware, grounding provisions, and filter equipment. b) Sites and site characteristics as agreed upon with Motorola engineers to accommodate system installation needs. c) The designated space within buildings pursuant to plans which reflect the space needs for Motorola supplied and installed communications and related equipment. (d) The City will be responsible for environmental considerations (light, ventilation, cleanliness, temperature and humidity) and general aesthetics within City provided buildings and all remote sites. This does not apply to normal cleanup of Motorola or Motorola subcontractor installation crews after work is performed. (e) All cable access ways and necessary conduit runs shall be provided by the City to meet the designed technical specifications and site plans developed by agreement with Motorola. (f) Relocation of, or removing equipment not installed by Motorola under this contract. Drawings for existing equipment and interfaces not installed by Motorola are the responsibility of the City. All existing equipment provided by the City, such as electrical power distribution panels and generators are to be operating and maintained to manufacturers specifications. San Bernardino City Dispatch Center 1-6 93-437-438 City of San Bernardino, California - Statement of Work (g) The AC power outlets at City Hall will be provided by the City and will be three- prong grounded duplex receptacles providing 20 amp 115- V AC, 60 Hz circuits. (h) The City will grant site access to Motorola and its sub-contractors during the hours 8AM-5PM Monday through Friday, except for City holidays. Access beyond these hours may be granted upon written request. 1.6 Standards of Work All equipment provided for each site and the installation techniques used for that equipment shall comply with the Uniform Building Code (UBC), Motorola Quality Standard - FNE Installation, National Electric Code (1984 or later editions) and all other applicable codes and ordinances, as they apply to the installation. A system block diagram depicting the major system components is presented in Section 2.1, Figure I of this Statement of Work. 1. 7 System and Equipment Layout The specific layout requirements of fixed-radio equipment within each facility will be provided by Motorola utilizing an equipment rack mounting approach, on a site by site basis. These equipment layout drawings shall detail the power capacity and circuit requirements on a per rack basis. Individual drawings shall be provided for the City Hall Transmitter Room and City Dispatch Center. 1.8 Turnkey System Implementation Turnkey system implementation is required and includes system engineering, equipment manufacture, equipment delivery and installation, system integration, vendor project management, and performance verification. 1.9 Radio Communications Coverage As the City Dispatch Center will be operating base stations on existing VHFIUHF frequencies, the County of San Bernardino's 800 MHz trunked system, as well as the Little Sunset 800 MHz trunked single site system; and, as the performance of these systems are known from previous years of use and current testing of the systems during the testing phase of the Little Sunset trunked system -- the radio system coverage San Bernardino City Dispatch Center ]-7 93-437-438 City of San Bernardino, California - Statement of Work performance or performance guarantees will not be a part of this document. Consequently, the City will not require that Motorola assume any responsibility for coverage performance. 1.10 Acceptance Test Plan The Acceptance Test Plan (ATP) shall be a composite of individual test plans which specify the test procedure to ensure Motorola's compliance with installation requirements and system performance in several categories. These categories are: 1) Physical installation at all locations. 2) Electrical specifications of supplied equipment 3) CEB and Console functionality 4) System level adjustments and level measurements Motorola shall accept responsibility for all items purchased under this contract. Acceptance by the City will be with one signature per individual test plan. In the event of non-compliance (non-acceptance) of items associated with a particular test plan, Motorola will correct all such items prior to demonstrating compliance and requesting the City sign-off on that particular test plan. 1.11 Final Acceptance Upon completion of steps outlined in the Acceptance Test Plan (A TP) the system will be considered complete and conditionally accepted, and a document will be signed by the City to acknowledge this. Final acceptance will be signed after conditional acceptance, and when all punch list items have been completed. 1.12 Warranty Commencement Motorola will warrant all of the CDC equipment furnished and installed for a period of four (4) months, parts and labor. After four months Motorola will continue to warrant the CDC equipment for an additional eight (8) months, parts only. The Motorola warranty will be considered in effect and in force, starting day one after final system San Bernardino City Dispatch Center 1-8 93-437-438 City of San Bernardino, California - Statement of Work acceptance. Optional costs are provided in the purchased equipment list for warranty labor to complement the additional nine month equipment warranty period as well as second and third year warranty maintenance, parts and labor. The Motorola warranty will be considered in effect and in force starting day one after final system acceptance or on the first day of beneficial use as detailed in Article 5 of the Agreement, System Performance And Acceptance Testing. San Bernardino City Dispatch Center 1-9 93-437-438 City afSan Bernardino, California - Statement of Work 2 SYSTEM DESCRIPTION 2.1 Scope The scope of this Statement of Work is to include only the Phase Two portion of the City's migration to 800 MHz, and reconfiguration of its Communications Dispatch Center as described under Section 2.1.3, and detailed in Section 2.2 of this document. 2.1.1 History Current directives by the Federal Communications Commission (FCC) have placed tighter equipment and spectrum standards on the radio equipment that will be allowed for use by spectrum users over the next five years through the turn of the century. The directive is generally referred to as the 'Refarming of the Radio Spectrum.' This refarming will allow more radio channels within the same radio spectrum and, consequently, more users. This action will require that the radio equipment be more stable, and occupy a narrower radio bandwidth. These requirements will force the replacement of existing equipment and frequencies for today's radio communication users. Indeed, the requirements by the FCC are driving a major communications revolution in the public safety and city government services. The City of San Bernardino currently uses VHF and UHF frequencies for their police, fire, and local government users. In the very near future, the city will be required to replace and update its radio inventory, or migrate to the newer 800 MHz radio channels that fall outside the FCC's refarming directive. The City of San Bernardino has elected to move its radio services to the 800 MHz radio channels. A prime consideration during the migration to 800 MHz is the provision for improved communications security, functionality, and interoperability with the surrounding cities and agencies. The standard for compatibility in the San Bernardino valley is the Motorola Smartnet II trunking environment. This system is in use by the County of San Bernardino, many agencies as users of the County system, as well as the west San Bernardino valley cities, WECA, a Joint Powers Authority. The benefits of maintaining absolute compatibility among neighbor agencies are numerous, and the resulting improvement to the public safety is substantial. San Bemardina City Dispatch Center 2-] 93-437-438 City. of San Bernardino. California - Statement of Work The City of San Bernardino is preparing to transition from the use of VHF and UHF radio frequencies to 800 MHz. The proven performance of the Motorola Smartnet II trunking system and the compatibility with the agencies surrounding the City of San Bernardino has driven the decision to implement the new city communications system as a Smartnet II system. A group of frequencies that have been licensed by the County of San Bernardino are candidate frequencies for use by the City. Because these frequencies have been idle for a long period, and because of the shortage of radio spectrum, the City cannot be assured that the frequencies are 'interference free.' Consequently, to eliminate the possibility of constructing a costly radio system on a set of frequencies that may be potentially unusable, the city has accepted an offer from the County of San Bernardino and Motorola. The city will work in concert with the County to test and load these frequencies. The results of the testing will determine whether the frequencies are usable for public safety purposes. If the frequencies are 'interference free', the City will ultimately purchase the constructed test system as its' own Smartnet II trunked system. If, instead, the frequencies are inadequate, the city will migrate to 800 MHz as a system user on the County's 800 MHz Valley system. The city has chosen to implement the transition to 800 MHz as a 'city driven' rather than a 'vendor driven' project. It is important to note that the County of San Bernardino has constructed the largest 800 MHz radio system in the United States today. The considerable expertise and resources available from the County of San Bernardino's 800 MHz project and management group will allow the City to build a radio system that will not require the extensive costs typical of vendor-driven projects. Consequently, project management and engineering costs can be kept to a minimum. Specifically, the City will direct the vendor to provide only those engineering and implementation services that are required to implement and cutover the existing VHF/UHF radio system to 800 MHz. 2.1.2 System Configuration The new 800 MHz radio system will service the communications needs of the police, fire, and (in the future) the local government users. All city radios will be programmed San Bernardino City Dispatch Center 2-2 93-437~438 City of San Bernardino, California - Statement of Work with mutually agreed talk-group combinations, allowing the controlled separation of users based upon communications needs. The older VHF and UHF frequencies will be replaced with a trunked system of radio transmitters allowing more efficient user of radio spectrum, and reduced channel congestion. The city 800 MHz radio system will consist of: a trunked radio system, a city dispatch infrastructure, and a city owned inventory of portable and mobile radios. The trunked radio system will be either city-owned, or contracted by Use Agreement from the County of San Bernardino. The actual configuration will be determined after extensive testing of a ten-channel trunked system that is currently being constructed at the Little Sunset radio site. This testing is part of the Phase-one portion of the city's migration to 800 MHz. If the tests realize a set of useable frequencies for the trunked system that are free from radio interference, the city will purchase the system. If, instead, it is determined that the frequencies are not useable, the city will contract services on the County 800 MHz system. The City's dispatch infrastructure will consist of the dispatch center, currently located in the basement of the City Hall, as well as the backbone electronic support equipment located in the basement and the penthouse of the City Hall. The second phase of the city's radio restructuring will include the updating of the dispatch center to support the 800 MHz trunked backbone. This will encompass the relocation of the dispatch support equipment to the penthouse, thereby providing for a secure and centralized electronics backroom. Because of the anticipated relocation of the police and fire dispatch centers in the near future, this centralization will allow the police and fire dispatch centers to move with minimum inconvenience, and maximum system stability and security. The city owned inventory of portable and mobile radios will provide 800 MHz service for the police and fire agencies. The portable radios were purchased during the third quarter of 1993. The mobile radios will be purchased during the last quarter of 1993, San Bernardino City Dispatch Center 2-3 93-437-438 City of San Bernardino. California - Statement of Work as part of the Phase-one portion of the migration. The new communications system will have allowed the city to migrate from the older VHF and UHF radio channels to a trunked 800 MHz radio system, with the retention of a couple of the VHF and UHF radio channels in order to maintain compatibility for state wide communications, as well as the original local government radio channel. The migration of the local government communications to 800 MHz is not scheduled for a couple of years, but the basic infrastructure will be firmly in place at the time of transition. 2.1.3 System Implementation The City will be using a three-phase approach to stage and construct the City's new communication system: 2.1.3.1 Phase One The first phase of the 800 MHz police and fire radio project will include the purchase, programming, and installation of mobiles for the City's fire and police departments; as well as a commitment to the County by the City to operate a limited number of City radios, as a county user, on the County 800 MHz system for a minimum of three months to allow for interference testing on Little Sunset, coverage testing and comparison of the valley system with Little Sunset, and the migration of the City dispatch center to 800 MHz. The implementation of the Little Sunset trunking system by the County of San Bernardino 800 MHz group, with the cooperative assistance of Motorola for the purpose of testing the proposed 800 MHz channels for their suitability as 'public safety quality' communications frequencies will proceed in parallel with Phase One, and should be considered as part of Phase One. The preparation and design of the City's dispatch facility will proceed in parallel with Phase One. San Bernardino City Dispatch Center 2-4 93-437-438 City of San Bernardino. California" Statement of Work Several issues were considered during the concept stage of the dispatch center: The police department is expected to move its dispatch center to the new police facility in the near future, and vacating the City Hall dispatch center. The relocation of the dispatch facilities in the City Hall basement would leave the electronics backroom equipment in an unsecured location. Relocation of the dispatch electronics backroom from the City Hall basement to the City Hall penthouse will provide for increase security, as well as conditioned environmental and electrical space. A major earthquake or water spill would render the City Hall basement unusable. The final design of the dispatch center will result in an order for equipment and services from Motorola to implement and cutover the dispatch center to provide for interoperability with the County 800 MHz radio system, as well as full operation of the City's 800 MHz radio system. The determination of whether the City will operate its 800 MHz radio system as part of the County 800 MHz backbone or as a City-owned trunking facility at Little Sunset will be determined based on the results of the interference testing of the frequencies at Little Sunset. 2.1.3.2 Phase Two The second phase of the City's 800 MHz migration plan will constitute the implementation and cutover of the City dispatch facility. The final configuration having been determined by the results of the interference testing. 2.1.3.3 Phase Three The third and last phase of the City's 800 migration plan will include the purchase of all final equipment to implement the migration. If the interference testing is able to identify that the selected frequencies at Little Sunset are suitable, the City will purchase the radio system from Motorola. If, on the other hand, the interference testing results in an unusable system for public safety purposes, the City will finalize negotiations with the County to operate as a user on the County 800 MHz radio system. The test system at Little Sunset will then be reconfigured by the County for non public safety uses, i.e. local government and support services. San Bernardino City Dispatch Center 2-5 93~437~438 City of San Bernardino. California - Statement of Work 2.2 Scope of Work - Phase Two The City of San Bernardino desires that Motorola provide all system equipment, designs, and integration of a turnkey reconfiguration of the City's Dispatch subsystems per Section 1. 8 of this document. The basic City Dispatch subsystem components include: Dispatch Center Consoles Electronics Backroom Equipment (i.e. CEBs) VHF/UHF/800 Base Stations and Control Stations Interface to Microwave Systems Interface to County CEB from City Remote Operators. 2.2.1 Dispatch Center Consoles The CDC will include nine Police dispatch positions (seven operational consoles and two desktop consoles for the center's training console), and four phone positions (three that are being added under this project as part of a State sponsored telephone upgrade). There will also be three Fire dispatch Positions. The placement of the dispatch consoles is detailed in Section 2.5, System Drawings. If the City purchases the Little Sunset trunked system, one Fire dispatch console and one Police dispatch console will be configured as a remote operator position connected to the County of San Bernardino CEB in Rialto. The remaining dispatch positions will operate as remote operator position on the City's own CEB, that will be relocated from the City Hall basement to the City Hall roof penthouse. If the City transitions to the County of San Bernardino trunked system, one Fire dispatch console and three Police dispatch consoles will be configured as remote operator positions on the County trunked system. All other consoles will operate as remote "RF" control dispatch consoles. The console positions will be migrating from CentracomII Plus button positions to CRT positions, with reconfiguration of existing console equipment to provide for new CAD San Bernardino City Dispatch Center 2-6 93--437~438 City of San Bernardino, California - Statement of Work CRT equipment. 2.2.2 Electronics Backroom Equipment The current City CEB is located in the basement of City Hall. The CEB is comprised of five card cages and three power supplies that are configured as two separate CEBS -- one for Fire, one for Police. A cutover plan will provide for the relocation, reconfiguration, and expansion of the existing CEB. The new CEB will be located at the roof penthouse of City Hall. It will be co-located with the VHF/UHF/8oo control and base stations, as well as the existing 2 GHz, 18 GHz, and 23 GHz microwave stations. The new CEB will include ten card cages, seven power supplies, three modem card cages. The CEB will control the VHF/UHF/800 control stations located in the penthouse, and primary VHF/UHP base stations located at Little Mountain vIa mIcrowave. The new CEB will be designed to support a maximum of nine dispatch positions, room for possible future control of the IO-channel Little Sunset tronked system via the system's secondary controller port, all of the existing VHF/UHF main/backup base stations, and audio delogging from the CEB's BIMs. 2.2.3 Base Stations, Repeaters, and Control Stations The existing VHF/UHF base stations are located in the penthouse of the City Hall, and at Little Mountain. Eighteen new 800 MHz control stations will be rack mounted and installed in the City Hall penthouse. These control stations are to be configured as RF control stations, as well as providing detrunked audio to the Fire and Police voice logging equipment. San Bernardino City Dispatch Center 2-7 93-437-438 City of San Bernardino. California - Statement of Work 2.2.4 Interface to County CEB Two of the CDC consoles will be configured as remote operator positions on the County's Valley Trunk System. Motorola will provide the hardware and integration to couple the two CDC consoles via the City's 18 GHz microwave to Little Mountain. The City will lease County microwave circuits to connect from Little Mountain to the Rialto backroom CEB. 2.3 Communication Links The CDC system components are connected by a combination of hardwire cabling and microwave circuits. The microwave circuits consist of an City owned 18 GHz digital microwave system, a City owned 2 GHz microwave system, and the existing County-owned digital microwave network. Twisted pairs shall be delivered and installed between Motorola provided punch blocks and Motorola provided equipment at the penthouse. The City will provide a 100-pair cable from the penthouse to the Dispatch Center. 2.4 System Warranty System warranty is addressed in Section 7 of the Warranty and Maintenance Agreement. Motorola will provide a one (1) year warranty of all equipment supplied with this system from the date of final system acceptance. The one year parts warranty shall be accompanied by a Motorola four (4) month labor warranty and an optional cost for the remaining eight months. Motorola shall also provide an optional cost for second and third year warranty maintenance. The maintenance requirements and conditions shall be identical to the warranty period maintenance provided during the first year after system acceptance. San Bernardino City Dispatch Center 2-8 93-437-438 City of San Bernardino, California - Statement of Work 2.5 System Drawings San Bernardino City Dispatch Center 2-9 ,-- 93-437-438 t r i ~ ,0 .. ~::;: t;; S'" ::a '" ; ~Sl~ ~~ f !B~h c; M , ~i ~~ " "I 1'1 g o '" '" DrY Q.. 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I I - '" '" '" z z "' "' " " < < u U Q Q '" '" < < u u '" '" "' "' u u "- City of San Bernardino, California - Statement of Work 3 INSTALLATION AND MAINTENANCE 3.1 General Motorola will perform all work and tasks required to engineer, furnish, install and optimize City's CDC described by this Statement of Work. Motorola shall provide the name and location of the Motorola Service Shop (MSS) which will perform the warranty maintenance for this project. Motorola shall install all system firmware and software required for operation of the CDC. All equipment furnished for this system will meet or exceed all FCC requirements, the technical requirements delineated by the Agreement and this Statement of Work and will be designed, manufactured, installed, tested and adjusted (including Programming) with the care and diligence generally applied to highly reliable public safety communications systems. Refer to Exhibit A of the Statement of Work and to Exhibit G of the Agreement (Motorola FNE Installation Quality Standards). Equipment provided by Motorola will be grounded to an existing ground system (furnished by others) within the buildings and within ten (10) feet of equipment cabinet/racks. 3.1.1 Motorola Required Tasks Motorola shall provide the following tasks: a) Delivery of all system equipment, materials, and supplies to their intermediate and final locations. b) The provision of all qualified personnel to conduct the work, including warehouse personnel, if required, at no additional cost. c) Provision of all tools and test equipment to install and optimize the system. d) Programming of all Motorola CEBs and Dispatch Terminals. e) On-site installation of all fixed equipment. f) On-site optimization/integration of all defined sub-systems and major components. g) On-site electrical and mechanical checkouts of the complete system. h) Installation Supervision-Vendor Project Management. i) Submission of equipment manuals and actual as-built system drawings. San Bernardino City Dispatch Center 3-1 93-437-438 City of San Bernardino, California - Statement of Work j) Performance verification tests and compliance as described in Section 1.13, Acceptance Test Plan, and Article 7 of the Agreement, Warranty And Maintenance. k) On-site Training of operators and technicians as described in Section 4.0, Training And System Documentation. I) Warranty period maintenance as described in Article 7 of the Agreement, Warranty And Maintenance. All applicable work and procedures shall conform to the standards set forth in Motorola National Service publication number R56, Quality Standards - FNE Installations. 3.1.2 Conditions Motorola will commence work at a respective site only after the City has notified Motorola to proceed with the work at that site. Equipment provided by Motorola for the CDC will be installed only once by Motorola with the following exceptions. a) Removals and installations because of equipment failure of malfunction, prior to system acceptance. b) Removals and installations to facilitate trouble shooting and malfunction investigation. c) Removal and installations to upgrade equipment or software. Should Motorola or the City reqUIre additional time or materials (such as system implementation delay or additional materials/equipment needed to complete system phase), this requirement shall be made in writing within 15 calendar days of discovery. The communication shall be in the form of a change order, indicating type of change, potential costs and/or delays and impact if any on the overall project. Motorola or the City will be required to reply with either approval or further information requests within 15 days of written change order request. Upon approval, the change order shall be added as an amendment to contract. The City will provide the necessary buildings, space within buildings and structures capable of supporting the new equipment assigned to each location. If Motorola finds otherwise, it will notify the City within 24-hours of the finding. San Bernardino City Dispatch Center 3-2 93-437-438 City of San Bernardino. California - Statement of Work All work is planned to be performed between the hours of 8AM-5PM Monday through Friday, except for Holidays. If work beyond these hours is REQUIRED by Motorola to meet schedules or otherwise, Motorola will notify the City in writing prior to the beginning of such work. Motorola and its subcontractors will coordinate with the City all site access requirements 48-hours prior to commencing work at each site. Motorola will use care, diligence and City/County direction in placing and configuring all site equipment to provide the most efficient site installation. The City and/or County will delineate which equipment locations and facility space can be used by Motorola. Motorola must configure and install the Motorola furnished equipment (cabinets and or racks) within the designated space. 3.1.3 System Optimization Tasks The term optimized will be used to define the desired final status of a local site. As-built system documentation shall be provided for each site where fixed equipment is placed. System optimization will include the following tasks: a) Install any required hardware and/or software modifications as per final design review. b) Install ,verify, and document all required board jumpers as required. c) Verify and document the proper configuration and interconnection of all site components and interfaces. d) Verify and document the proper performance of all microwave circuits. e) Test all spare boards, if provided. Motorola will provide a list of recommended spare parts and their associated cost in the optional costs section of Exhibit E of the Agreement, Purchased Equipment List. f) Verify local AC and DC power conforms to minimum performance requirements of all equipments. g) Adjust and document all local DC, Data and RF levels in accordance with the supplied system block and level diagrams. h) Adjust and document all end-to-end signal levels, per manual. i) Test and document antenna systems VSWR. 3.1.4 Implementation Supervision San Bernardino City Dispatch Center 3-3 93-437-438 City of San Bernardino. California - Statement of Work To directly support the Motorola System Program Manager, one or more Installation Supervisors will be assigned to coordinate, manage, and direct the implementation stage of the project. The Installation Supervisor will provide on-site supervision to Motorola and sub-contractor installation personnel during the entire system implementation process. Specifically, the Installation Supervisor will be responsible for: a) Assisting the Motorola System Program Manager and the City Project Manager in developing the Final System Implementation Plan. b) Performing inventory of all shipped equipment to ensure complete delivery. c) Inspecting the physical condition of all hardware to ensure that none has been damaged during shipment. d) Direct supervision of the field implementation teams, ensuring all on-site installation and optimization tasks are performed within contract requirements and project engineering specifications, and that Motorola's high quality standards are met. e) Verifying customer sign-off acceptance for the completion of each planned phase and installation of each site. t) Verifying that the system has been properly optimized and is ready for acceptance testing. g) Advising System Program Manager appraised of current project implementation status. h) Participating in customer meetings with the System Program Manager as required. i) Participating in the training of City operator and maintenance personnel. j) Participating in sub-system internal and external acceptance testing. San Bernardino City Dispatch Center 3-4 93-437-438 City of San Bernardino, California - Statement of Work 4 TRAINING AND SYSTEM DOCUMENTATION 4.1 General Motorola will provide on-site traIning services for operational and communications maintenance personnel as described below. 4.1.1 System Operator Training Concurrent with the installation and prior to the performance period of the CDC, Motorola will provide on-site orientation and training for the City's dispatch operator personnel as to all aspects of system operation and functionality. Personnel shall be trained in all available routine features and functions. The City shall have the right to videotape all training at its expense to provide a permanent training record and system operations record. Motorola shall provide all training materials and supplies. Copies of any and all training material shall become the property of the City. The training sessions shall be scheduled at times and locations convenient to the City. The City will provide space where training can be conducted. Operating equipment to be used in a "hands-on" environment, as well as all supporting equipment, shall be supplied by Motorola. The training seminars shall include but not be limited to the following: . Distribution of training literature, including operational manuals. . A presentation of the general communications equipment/system theory, configuration and features. . A description of communications procedures, features and functions with demonstrations and hands-on participation. . A question and answer session. . Operational troubleshooting of the equipment. 4.1.2 Technical Support Throughout the warranty period, the contractor shall maintain a technical support department where Motorola trained City personnel can call to resolve questions regarding the operation of the dispatch equipment and supporting dispatch infrastructure. 4.1.3 System Maintenance Training OMNICOM, Inc. 4-1 93---437-438 City of San Bernardino, California - Statement of Work Concurrent with the installation and prior to the performance period of the City Dispatch Center system, Motorola shall provide on-site orientation and training for the City's communications maintenance personnel as to all aspects of the operation, functioning, troubleshooting, and periodic maintenance requirements of the new CDC. Motorola shall provide trammg manuals, materials, etc. and training personnel experienced with the CDC system components as well as: . Distribution of training literature, including operational manuals . A presentation of the general communications equipment/system theory, configuration and features . A description of routine communications procedures, features, and functions with demonstrations and hands-on participation · A question and answer session . Troubleshooting to the equipment component level, utilizing Purchaser's test equipment. 4.1.4 System Documentation The following documentation will be provided by Motorola for the system: a) Equipment inventory documentation including serial numbers and final mode/channel configuration. b) Site inspection documentation. c) Equipment performance documentation. d) Customer sign-off of each completed phase and installation on a per-site basis. e) A hardcopy of all "as-built" system documentation and a copy on diskette. f) Acceptance test data. 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CD !::: N N N N N N N '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" u 93-437-438 EXHIBIT F OPTIONAL SPARE PARTS (Deliverable After Contract Signing) 93-437-438 EXHmIT G MOTOROLA "FNE INSTALLATIONS" QUALLITY STANDARDS 93-437-438 1. JOB SITE SPECIFICATIONS 1. ACCESS ROAD CONSTRUCfION AND SITE IDENTIFICATION Site access roads should be easy 10 fmd and should be passable in all WC8Ihcr conditions using a two-whee1-drive car. This allows building conaactors and mainlenance per- saMellO have trouble-free access 10 Ihc sileS. This is particu- larly imponant when sileS are located in rcmOle areas. Some CUSlOmelS will not allow Ihc posting of signs for security reasons. If this is Ihc casc,lhcn an adaqU8le Strip Map should be made available. 1.1 GENERAL In order 10 easily fmd an installation, a sign must be posted at the entrance 10 the site access road. This sign needs 10 state the name of the access road or the address of the actual installation.lcucring for the sign must be large enough 10 be read while driving at the main road's speed limiL The sign, when complCle, should be posted before the building con- sauction begins 10 allow conlrllCla'S the opportunity 10 quickly locale site installations. Engineering practices indicate that the road should be able 10 withstand two times the average vehicle's gross vehicle weight (GVW). Since normal service vehicles arc in the three IOn class, a road should be built, at \cast, 10 Ihc six IOn GVW specification. Where safety prevails, the road should be wide enough for two seven-foot-wide vehicles, plus two feet of clearance. for a minimum of sixteen fccuotal width. A six (6) fOOl shoulder or a guard rail is required for safety reasons where roadside grade exceeds fifteen (IS) percenL If there are curves in Ihc road, a minimum of a twenty foot turning radius is required. Road grade should be limited 10 fifteen (IS) percent maxi- mum and the average grade should not exceed len (10) percenL For year-round accessibility, the grade should be limited 10 a maximum of ten (10) percenL The above standards will be followed unless swc. county, or local requirements exceed these limitations. It shall be the road building subconlrllClor'S responsibility for Ihc following: (1) Protect the property of othm. (2) Exercise due caution and follow approved safety practices. (3) Clean up all debris which results from his work. Any burning shall be done only where permillcd, and local fue ordinances shall be followed. (4) Furnish all labor, materials, equipment, and super- vision 10 properly accomplish all tasks as outlined. (5) Properly identify the locations of roads,IIIm-BrOIDld, and parking areas as shown on the lot survey. (6) Obtain any required permits for road consauction, inlCIfacc with existing roads or streets, and follow local ordinances governing such interfaces. (7) Furnish all water 10 be used on the work sileo The conlrllClOr shall furnish Ihc ncccssary temporary piping or hose from the distribution point to the point on Ihc site where water is nceded. 1.2 GRAVEL ROADS , The following specific tasks shall be performed by the road building SUbconlrllCtor. (1) All surface growth and vegetation in the arcss of new roadway and tum-around parking is 10 be cleand The exact depth will be detennined by the location of the site. Roadway clearing shall be wide enough 10 ins1all a road that is at \cast eight feet wide. In areas where safety is an issue (blind cor- ners, steep roadside grades, and roads with long descents), a wider clcaring is required to allow for two-way traffIC flow (see PaIa 1.1). Tum-around and parking areas shall be sized as indicated on the lot survey. RS6 (Change 1) QUALITY STANDARDS. FNE Installations, Vol.l 1-1 93-437-438 1. JOB SITE SPECIFICATIONS (2) The road shall be graded to make it usable in all cleared. Roadway clearing shall be wide enough to weather. In areas where the road base is insuffi- install a roadway that is at least eight feet wide. In cienl, excavation and/or replacement will be needed areas where safety is an issue (blind comers, Sleep . to keep the specification to the minimum selected roadside grades, and long descents), a wider clear- standard (i.e., 6 ton GVW) for the entire length of ing is required to allow for two way lraffic flow (see the road. Para. 1.1). Turn-around and parking areas shall be sized as indicated on the lot survey. (3) Final grading will allow the fmished road to have a two inch high crown in the cenlCr. (2) The road shall be graded to make it usable in all weather. In areas where the road base is insuffi- (4) The new road is to be flared at the intersection of cient, excavation and/or replacement will be needed the existing road with a 15 foot minimum radius. to keep the specification to the minimum selected standard (i.e., 6 ton GVW) for the entire length of (5) One inch gravel will be accurately spread to a loose the road. depth of eight inches (minimum) on prepared road- way. (3) Final grading will allow the fmished road to have a two inch high crown in the center. (6) Four-foot-wide, V-shaped drainage ditches will be on each side of the road bed, where necessary, for (4) The new road is to be flared at the intersection of the conlrOl of surface water run-off. the existing road with a 15 foot minimum radius. (7) In areas where grade cannot be maintained because (5) In areas where grade cannot be maintained because of steep slopes, fill should be used to correct the of steep slopes, fill should be used to correct the problem. Furnish and install culverts where neces- problem. Furnish and install culverts where neces- sary to conlrOl drainage. sary to conlrOl drainage. (8) The completed road shall be of a quality and con- (6) The completed road shall be of a quality and con- figuration to enable the passage of a 20 foot long figuration to enable the passage of a 20 foot long . nat bed truck and/or a loaded five-yard-capacity flat bed truck and/or a loaded five-yard-capacity concrete truck, both traveling under their own power. concrete truck both traveling IDIcler their own power. (9) Overhead road clearance shall be maintained to a (7) Overhead road clearance shall be maintained to a height of at least 15 feeL height of at least 15 feeL 1.3 SOIL-SURFACED ROADS 2. MUD. FREE BUILDING ACCESS , Soil-surfaced roads have the distinct advantage of being less costly to build than gravel-type roads. These cost savings, however, have to be considered very closely, because road conditions may deteriorate due to climatic variations and/or vehicular traffic. This could limit the delivery of equipment and materials during the installation phase. Maintenance personnel may be prevented from immediate access to the sitc. jeopardizing equipment serviceability, if the road is not properly maintained. The following specific tasks shall be performed by the road building sub-contractor: (1) All surface growth and vegetation in the areas of new roadway and turn-around parking is to be In order to access the building without tracking in excess mud from the surrounding area. gravel must be in place prior to the completion of the building interior and equipment delivery. Failure to do this will increase the amount of loose dirt that is tracked into the building. This dirt presents sev- eral problems. The dirt, when dry, can become airborne from the movement of personnel and/or air handling equipmenL The airborne particles settle on everything and can contami- nate the surface of electrical contacts on sockets and assem- blies. This small contamination can cause intermittent operation and reduce equipment life. When wet, the din usually becomes slippery. This presents a safety hazard, especially when the technicians are moving top-heavy equip- ment racks. or climbing on and off ladders during the instal- lation phase. Other considerations are that it is not profes- sional and clean up fees add to the overall cost of the system installation. . 1-2 MOTOROLA NA TlONAL SERVICE (Change 1) IM)I 93-437-438 I. JOB SITE SPECIFICATIONS ) The building and tower base area should be graded to pre- vent water from puddling. The fmal grade shall slope away in all directions from the tower base and building. This area (to 3 feet outside the fence) shall be treated 10 prevent the reoccurrence of vegetative growth and shall be covered wich four-inch-deep compacted SlOne or gravel This trealIIIent will be determined by JocaJ codes. The remaining cleare:l area shall be restored to che original contours and shall be planted wich grass to avoid erosion. 3. SITE AREA NEATNESS As work proceeds. excess dirt and aash shall be removed (Photograph 1-1). This will help lhe program manager pin- point problem areas and allow him to inspect for compliance wich quoted specif"lCl1tiOns. . i There are many ocher benefits to having a site neat and orderly. The fU'St one is that subconttactorS will subcon- sciously work more carefully, treat lhe equipment beuer, and clean up after lhemselves. The second advanlllge is that the customers are put at ease. They feel that chey are getting their money's worlh, because chey judge our workmanship based on what chey see. If che site looks great.cheir fU'St chought is that che system is being installed by professionals. Quality must be everyone's main concern. so an orderly installation is a requiremenL 4. EQUIPMENT AREA SECURITY Since our customers have a large invesanent in their sys- tems, it is critica1to protect chis investment by ensuring that reasonable security is planned and implemented. The neces- sary level of security will vary by customer, location, and value of che equipment involved. Personnel safety must also be considered when determining security needs. 4.1 CHAIN LINK FENCE INSTALLATION This section covers materiaJ and erection of chain-1in1c-type fences that provide security for lhe facilities. The erection of the chain link fence consists of constructing concrete footings for steel posts, installing braces and rails, suinging fence fabric and barbed wire, hanging gates, and grounding. Good workmanship is required to assure that lhe fence will be suaight and will be in alignmenL It shall be erected as shown on drawings pertaining 10 lhe job site. Materials used shall be as called for in lhe plans. ~~ .r'<" -_.... '-c- ~~~-~.:4..-l- ~ . ,~ Pbotograph I-I: The area surrounding lhe building is aash-free. The taSks involved are as fonows: (1) Location offence The fence shall be located as shown on site draw- ings and shall fonow ground Jines unless ocherwise specified. (2) Concrete footings Footings for line and brace posts shall be nine (9) inches minimum in diameter by 36 inches deep wich a one (1) inch high crown on lOp to drain moisture. All other post footings shall be a mini- mum of 12 inches in diameter by 42 inches deep wich a one (I) inch high crown on lOp. Concrete used shall atlllin a minimum compressive strength of 3000 pounds per square inch in 28 days. All concrete shall be ieady-mixed or in-aansit-mixed using crushed SlOne for coarse aggregates. If con- RS6 (Change 1) QUALITY STANDARDS. FNE Installations, Vol. 1 1-3 93-437-438 1. JOB SITE SPECIFICATIONS crete is "field-mixed", it shall be mixed in lhe pro- ponion of one sack of cement, two cubic feet of sand and four cubic feet of stone. All concrete shall be made wilh Portland Cement with well graded aggregates, and shall contain not more than six gallons of clean water for each sack of cemenL It shall be a plastic mix which can be placed wilhout honey-combing or permitting water to accumulate on the surface. The concrete shall be thoroughly compacted by vibrating or by tamping and spading. No concrete shall be poured when the temperature is below 40 degrees F or when it may be subject to freezing temperatures before final set, except when specifically approved by Motorola and if adequate provision has been made for protection. (3) Posts All posts shall be set in concrete footings wilh a maximum spacing of 10 feet center to center. They shall be accurately located for alignment and grade. Line and brace posts shall be im bedded to a deplh of 36 inches wilh all olher posts to a depth of 42 inches. (4) Fabric Fence fabric shall be evenly and smoolhly stretched so that lhere are no slack edges or warped sections. It should then be securely fastened to all posts, top rails, braces, tension wires and bars, and rods wilh ties as specified in Paragraph 4.2. Unless olherwise specified, lhe posts and fabric shall be installed so that, when lhe fence is completed, lhere will be a clearance of five inches between lhe bottom of lhe fabric and grade. (This clearance is desired to per- mit lhe placement of a four inch thick layer of crushed rock under lhe fence.) 4.2 FENCE MATERIAL Materials which are to be supplied and/or erected shall be new and meet the following minimum requirements: (1) Fabric The base metal of the fabric shall be a good com- mercial quality of steel wire, #9 gauge wilh a break- ing sll'englh of not less than 1,290 pounds. Fabric, unless otherwise specified, will be a minimum 72 inches high with a two inch mesh. Fabric will be furnished with barbing on both ends (2) Zinc Coating The fabric shall be zinc coated by the hot-dip proc- ess after fabrication. The weight of the coating shall be not less than 1.2 ounces per square foot of actual surface covered. All ferrous metals used as pan of lhe installation shaII be hot-dip galvanized or stain- less steel. All screws, bolts, lock washers, and nuts shall be made from stainless steel or hot-dipped galvanized in accordance wilh ASTM-153. I ~ (3) Line and Brace Posts , Posts shall be as follows: hot-dip galvanized "H" column, two inches by two and one-half inches in diameter. All posts and top rail will be schedule 40 grade. The length of the posts will be determined by lhe height of lhe fabric. No used, re-rolled or open seam material will be permitted in posts or rails. (4) Other Posts End and comer posts shall be hot-dip galvanized pipe wilh an outside diameter (00) of lhree inches. Posts for single gates up to six feet or double gates from twelve to twenty- six feet shall be four inch 00 hot-dip galvanized pipe. Comer posts shall be nine feet eight inches long and all other posts eleven feet kmg. Gate posts shall have a ball (domed) top. (5) Extension Arms . Extension arms shall be hot-dip galvanized pressed steel and mounted on top of line and comer posts to form a 45 degree angle. Each arm is to carry lhree barbed wires wilh the upper-most barbed wire ap- proximately 12 inches above lhe fabric (measured diagonally). (6) Top Rail Top rails shall be hot-dip, one and five-eighlhs inch outside diameter pipe or "H" section and provided with couplings approximately every 20 feeL Couplings shall be outside sleeve type and at least seven inches long wilh one coupling in every five to have a heavy spring to take up expansion and con- Il'aCtion on the top rail. The lOp rail shall pass through the base of line post tops and form a con- tinuous brace from end to end of each stretch of fence. Fastening to terminal posts shall be pressed steel connections. . 1-4 MOTOROLANATIONALSERWCE (Change I) IM!I 93-437-438 1. JOB SITE SPECIFICATIONS (7) Tension Guy SIr3IId ) TensioD guy SUlI/Id sha1l be either galvaniz.ed one- quaner inch common guy sttand, minimum break- ing suength of 1900 pounds. or /#7 gauge galva- nized s~g steellCIISion wire with galvanized wm- buckles and cable clamps. (8) Braccs Brace material shall be the same as the lOp rail. Braces shall be locaIcd midway between the lOp rail and ground and exrend from the tmIIinal post 10 the fIrSt adjacent posL Braces shall be securely fastened 10 posts by suitable pressed steel connections and uusscd from brace post back 10 near the bottDm of the tmIIinal post with three~ighths inch round. galvanized rod. equipped with wmbuckles. (9) Fittings All fittings used shall be hot-dip galvanized malle- able iron or pressed Sleet (10) Barbed Wire .. Barbed wire 10 be installed at fence lOp sha1l be three lines of four-point pallem wire. galvanized afrer weaving. The wire shall be installcd leaning out unless otherwise direcred by the owner or Mo- IDrola. The type of barbed wire used will be deter- mined by local codes. (11) Fabric Bands The fence fabric sha1l be fasrencd 10 the line postS with aluminum tics spaced at 12 inch inlerVals. and 10 the lOp rail with /#9 gauge round aluminum ties spaced around 24 inches apan. (12) Tension Bars Tension bars and bands shall be hot-dip galvanized and installed by each tmIIinal poSL (13) GaleS Gare frames shall be consuucred of one-half inch outside diameter-heavy duty galvanized pipe. Cor- ner fittings sha1l be heavy pressed steel or malleable castings. The fabric covering on the gare shall be the same as is furnished for the fence. Gare hinges sha1l be heavy duty socket type of adcquare suength for supporting the gare and have large bearing sur- faces for clamping in position. The hinges shall not twist or lUm IIIIdcr thc actioD of lbc gale. Gates shaD be capable of being opened and closed easily by one person without binding or dragging. LalChes. stops and Icccpcrs sha1l be provided for all galeS. LalChes sha1l have a plunger bar amngcd 10 engage the tcnrer SlOp. For security reasons two forked lalChes. one near the lOp and one near the bouom, shall be provided in addition 10 the ccnrer lalCh which sha1l be equipped 10 receive a padlock. The gare sha1l be equipped willi a safety chain Icccpcr. This chain will be long enough 10 wrap around the gar.c and fence post frame. 4.3 ALARMS Willi the electronic equipment facility being unaucndcd and normally unmanned. automatic systems sha1l be incorpo- rated 10 proleCt lIIe equipment and facility against vandalism, surface warer. inausion. and fIR. The building alarm sySlClll shall be of all solid stale design and eilller the continuous monitoring type or the inlClTOgat- ing type. The alarm units sha1l be capable of continuous opcr.llion without corrective mainrenancc under lIIe speci- fied service conditions. Fail-safe operation and abon capa- bility sha1l be provided. The alarm sysrem feallRS arc as follows: (1) Building HiJLo remptDlure (2) megal enll'y 10 building (3) High surface warer level (4) lnrerioc fU'C condition (smolcc and rempcraturC sensing) (5) Customer specified options. The aulDmatic alarm sysrem shall provide the following functions: (1) Local display willi front panel indication of each alarm status (2) Alarm memory 10 assure a record of SlaWS change OCC\DTCIICC (3) Buill-in rechargeable baltcry b8c1c-up power supply for unintcmlpled security and prorection in event of power faillU'C (4) Both visual and audible alarms (5) Sysrem chcclc out capacity (6) Manual override control. RS6 (Change 1) QUALITY STANDARDS. FNE Installations, Vol. 1 1-5 --- 93-437-438 1. JOB SITE SPECIFICATIONS 4.4 BUILDING DESIGN , a precaution to protect the equipment and facility against vandalism, the building configuration shaU be without win. dows and with a minimum number of doors and wall pene. trations. The exterior doors shall be of steel insulated con. struction with welded joinlS in doors and frames. The doors shall be constructed to maintain the building's structural integrity. The exterior doors shaU be a minimum 00 feet in width and 7.0 feet in height with steel frames. Non-corrosive extra heavy duty hinges and door securing mechanisms shaU be provided to prevent bowing, sagging, and deflection from true position. Locks shall be maximum security dead-bolt- type of non-corroding material. 4.5 FIRE SUPPRESSION All installations must have a minimum of two five pound, class ABC, portable fue extinguishers, on the premises be- fore equipment is installed. If an overhead sprinkler system is used, a "dry pipe" system is recommended. This type of system, upon detection of a "re, removes source power to the room and then opens a .ster valve to fill the room's overhead sprinklers. If thc fire detection system is the type that ShulS off the power to the installation, a bauery-operated emergency light source should be provided. If an automatic carbon-dioxide fire protection system is used, an alarm shall sound in advance of the release of the CO,to warn personnel within the installation. I f power connections are made beneath the floor of a raised. floor installation, waterproof electrical receptacles and con. ncctions should be used. All personnel working in the equipment area shall be trained in such emergency procedures as: (I) Proper method of shutting off power. (2) Handling fue extinguishers in the correct manner. (3) Evacuating personnel and records, and calling the fire department. For large, heavily-equipped installations only: The fare detection system shall consist of a combination ionization smoke detector and a rate compensated fixed tem- perature thermal detector. This two-loop systcm of detection shall provide for the earliest possible agent release pre-alarm and the confirmation of a true fare situation. The installation shall be in a cross zone configuration for positive verifica- tion of a fire condition. The detector unilS shall conform to U.L. 268 standards. ., The fire a1arm system shall give an initial warning signal for evacuation of personnel and for the confarmation of a fue condition. A secondary a1arm signal shall sound indicating the automatic discharge of fire extinguisher agent. The sys- tem shall have a time delay function between the two warn- ing signaJs which shall be adjustable to provide time for evacuation or abon procedures. The fire extinguishing system shall be a Halon gas system conforming to NFPA standards 12A and 72E. The Halon gas system shall be sized to provide a 5 to 7 percent concentra- tion level on full discharge. At the proper concentration levels, the Halon gas shall be effective against Class A (cellulosic materials), Class B (flammable liquids), and Class C (eleclrical) fires. The above method of fare protection is recommended for three reasons: . (I) Halon gas extinguishes the fire without removing ox ygen from the room, allowing personnel to breath normally while the fare is being put out. (2) Halon gas is clean, allowing for quick clean-up should a fire occur. (3) Halon gas will not damage the equipment. Prior to Halon gas discharge, the system shall activate cir- cuitry to effect the following: (I) Stop aU heating, air conditioning, and ventilation equipment. (2) Close all ventilation louvers and openings. (3) Disconnect all ACIDC eleclric power. The fire extinguishing system shall be manually activated by strategically located pull stations. . 1-6 MOTOROLA NA TlONAL SERVICE (Change I) Iiii'll ..... 93-437-438 1. JOB SITE SPECIFICA nONS 4.6 INTRUSION ALARM (IF REQUIRED) The inttusion aIarrR syslem del<<1OR shall be insl8lled iRlO lhe frame of !he building exterior door and !he site security fence gate. Bypass key swiLChes shall be provided and l0- cated to disconnec:tlhe alarm signal. 4.7 WATER DETECTION (IF REQUIRED) If avl'lUPliate. lhe water detec:tor shal1 be floor mounted adjacent to !he eleclronic equipmenL The sensor shall be completely sealed with mounting adjusunent for heighL Both audio and visual alarm signals shall be provided for high water leveL High water level is to be der.ennined by Area Engineering. 4.8 LIGHTING IndUSlria1 grade lighting equipment shal1 be provided to assure adequate illumination levels lhroughoutlhe building. The illumination for lhe building shal1 have a minimum of SO foot candles. as measured at 30 inches above !he floor. wilh lhe capacity to achieve 100 foot candles at !he work area. A timer switch shal1 be incorporated to assure positive shut-off for operation beyond 12 hours. One exterior door light shall be provided. This shal1 be type NEMA 3. wealher-resislant and suitable for general outdoor application. An automatic photo-control switch shal1 be used to tum the light on at dusk and off at dawn. The light beatn shaD be directed to prevent it from crossing lhe propei'l)' line. , s. SOIL RESISTIVITY TESTING Prior to any installation work beginning. !he l'.u...-.1loca- tion should be leSled to determine !he soil composition and resistivity. Based on !he results. !he standard grounding pr0- cedure defined in lhis manual may DOt be suffacien to meet lhe required ten ohms. Alternative melhods such as lhe UFER ground or lhe use of chemical additives. such as Rock Salt, Copper Sulfate. and/or Magnesium Sulfate may have to be incorporated. The system engineer should recommend !he appropriate course of action. QUALITY STANDARDS. FNE Installations, Vol. 1 1-7 RS6 (Change I) 93-437-438 1. JOB SITE SPECIFICATIONS This page intentionally left blank. MOTOROLA NA TlONAL SERVICE \-8 (Change \) 1/1191 j . , . . 93-437-438 2. BUILDING AREA SPECIFICATIONS ) ::~?\ " '~~':i&h",<t\" '- ,<;,;: '&\.:,~&~~l$~'.::~ ~ 1. EXCESS GARBAGE AND CLUTIER Motorola and its subconlJ1lCtors are responsible for cleaning up after themselves. Since excess garbage is a fire hazard. all the packing material used to ship the equipment must be removed. The customer or project manager is normally required 10 supply a aash dumpster. This dumpster shall be as close to the site as possible; however, at some sites, such as high-rise office buildings, this is not practical. In those cascs a plan must be worked out prior to starting the unpacking. For example, the movers can unpack the equipment and remove the larger material in their van. The rest of the aash can then be handled by the building personnel. In all cascs, the aash must be stored in a neat manner until properly disposed of. If stored on the outside of the building, care should be taken 10 prevent the lighter material from flying out of the srorage arcaand on to neighboring ",OjlCity. , Additional aash will be gcncratcd from the instaI1ation scraps. including lunch bags and drink containers. At the end of the day. all personnel shall remove this aash and sweep the floor before leaving the site. If aash is removed daily, the chance of rools and supplies being left at the site will be very unlikely. When performing an inspcction.the inspector will look around the building for aash. Cardboard and wire are commonly found around the doorway of a remote site. Inside, the inspector will look under the equipment for unused hard- ware. Unused supplies shall be removed by the subcontraC- tors, and the last person on the site will remove any remain- ing property belonging to Motorola. 2. EQUIPMENT APPEARANCE AND CLEANLINESS Clean, professional-looking equipment installations can nOl become reality until the previous environmental issues are resolved. Once the dirt problems in the room are alleviated. steps can be taken to improve the appearance of the equip- ment (Pbotograph 2-1). Cabling probably has the most noticeable reflection on workmanship. Straight runs and proper b1mS are critical to the customer's evaluation of the work that has been accomplished. Power and signal cables shall be run with sharp comers. while grounds and antenna lines require gentle comers. Photograph 2-1: The building interior is clutter-free following equipment installation. ~ ..< 3, MAJOR EQUIPMENT IDENTIFICATION AND LABELING When a service technician responds to a service request in an unfamiliar facility (e.g., when the normal technician is nOl available), it is important that the technician can identify the exact equipment experiencing the problem. This is espe- cially lIUC in large, shared facilities that may contain many similar cabincrs containing identical equipmenL It is for this reason that labeling specifications are so importanL For all conlJ1lClOr and Motorola equipment, a permanent labeling technique shal1 be used. Labels shall be placed in plain view on a non-removable part of the equipment using a color that conttaSlS well with the background to which they will be affIXed. Placing labels solely on equipment covers RS6(Change I) QUALITY STANDARDS. FNE Installations, Vol, 1 2-1 93-437-438 2. BUILDING AREA SPECIFICATIONS and modules is not advisable, however. These items may be easily removed from a racle or cabinet - covers could get "appcd if more than one is removed at a time; modules may . replaced during the repair of a given unit Hand-scribed ma.king lape or "Dymo"iabels are unacceptable. Important information, such as customer, frequency, lelco block number,lelco line number, and circuit breaker number will be displayed on all Motorola-supplied equipment 4. WEATHERPROOF ANTENNA PORTS Antenna pons are normally sealed by the group running the antenna lines. Sometimes this is not done properly, however, and moisture, dust, insects, and/or rodents enter the building to cause problems. Anlenna pons and other holes in the building must be properly sealed in order to maintain the necessary operating environment for the equipment (photo- graph 2-2). Photograph 2-2: Rubber gasleets are used to seal the anlenna pons. S. MATCHING POWER OUTLETS TO EQUIPMENT PLUGS 5.1 GENERAL The electrical installation worle shall be carried out in accor- dance with the current edition of the National Electrical Code (NEC), the relevant sections ofU.B.C.. and local code. The initial incoming power service feeder, to be run by the electrical utility company, shall be sized for the full capacity r the building. Voltage: Phase: Type: 120/240VAC Single -OR- 3 wire ~ 120/208 V AC ThreeWye-Sw 4 wire - The conduit, used for the service entrance, shall be firmly fixed to the building wall for attachment to the AC distribu- tion panel and sealed against moisture. The incoming power electric meter shall be located to allow meter readings to be ta1cen from the outside of the building and. preferably, from the outside of the security fence. Penetrations shall be provided in the building wall for the following: (I) AC service power (2) Telephone lines (3) Transmission cables (4) Grounds (5) Emergency power generator. The main distribution panel shall be sized for a minimum of thirty (30) branch circuits and shall have a minimum rating of: (1) Voltage: (2) Capacity: (3) Type: 600VAC Maximum possible load NEMA 1. . Branch circuit protection shall be sized to prevent shons and overloads that could damage the following: (1) Motorola supplied hardware (2) Battery syslem (3) Engine generator system (4) Duplex wall recepracles (5) Interior and eXlerior lighting (6) Air conditionerlheater (7) Exhaust fan (8) rue. alarm, and security systems (9) Other electrical hardware in building. , 5.2 INTERIOR BUILDING WIRING The interior building wiring shall be run in electrical merallic tubing (EM1j. All conductors shall be properly sized for the branch circuit load. but, in no case. smaller than # 12 A WG, 600 V AC, copper. All interior distribution panels, junction boxes, swilChes, and oUllets shall be type NEMA I, general purpose for indoor . 2-2 MOTOROLANATIONALSERWCE (Change 1)1/1191 93-437-438 2. BUILDING AREA SPECIFICATIONS "') applications. EIec:lrOnic equipment room oullets shall be two (2) gang duplex rated at 120 V AC. 20 AMP, 3 prong. heavy duty type. A minimum of one outlet shaI1 be provided on each wall with a maximum of 12 feet spacing betweell oullets and located 24 inches above the floor. Additional outlets shall be provided adjacent 10 and convenienlly 10- cated as follows: (I) Engine gener.llOr - Single oullet (2) Ballery system - Single oullet (3) Elec:aical equipment- Duplex outleL The AC power wiring and duplex outlets supplying power 10 the equipment racks must be attaChed funlly 10 the mounting surface. AU mounting sc~ws. bolts. lock washers. and nuts shall be made from stainless steel. brass. or hol-dip galva- nized. All EMf runs shaI1 be parallel or perpendicular 10 the ceiling and walls. Flexible conduit shall be used in the shortest possible lengths (36" max.) for COMec:tion 10 vibrat- ing loads. Slranded conduclDrS shall be used when run in flexible conduiL AU new wiring shall be tested for insula- tion between conduclDrS. conduclOfS 10 ground. and circuit continuity. \ All MOlOrOla equipment must be either hard-wired 10 a dedi- cated circuit breaker or plugged inlO a matching outIeL Extension cords are not be used. Outlets must be installed with a dedicated ground wire COMec:ted 10 the ground bus in the disaibution panel Do not ~Iy on ther conduit for a ground ~turn. The grounding lead on a plug must NEVER be ~moved and/or bypassed: This is an unsafe practice that violates national codes. For safety and appearance =ns, no signal or power cable shall be run unprotected for disl8llCCS exceeding three (3) feeL Cable proteCtion devices include the foUowing: Pan- duit. EMf. PVC tubing. rigid metal conduit, cable uays. etC.. 5.3 LIGHTING Industrial grade lighting equipment shall be provided 10 ass~ adequate illumination levels throughout the building. The illumination for the building shall have a minimum of SO foot candles. as m~ at 30 inches above the floor. with the capacity to achieve 100 fOOl candles at the work area. A timer SWilCh shall be incorporated 10 as~ positive shut-off for operation beyond 12 hours. One exterior door light shall be provided. This shaI1 be type NEMA 3. weather-~sistant and suitable for general ouldoor application. An aulOmatic phOUH:OnlrOl swilCh shaI1 be used 10 turn the light on at dusk and off at dawn. The light beam shall be ~ted 10 ~vent it from crossing the pr0p- erty line. 6. ELECTRICAL WIRING SAFETY The foUowing JmC8Dlionary measures must be taken during the installation phase for the safety of MOIDrOIa personnel. the customer's personnel, and other subconaaclDrS. 6.1 WIRING FOR FUTURE EXPANSIONS When the e1ec:aician is insD'UCted 10 install wiring for future expansions. the unused runs shall be ~ out of the way and the ends of all ~ must be terminated willi wire nuts or elecaical tape. 6.2. SERVlCEPANELCOVER The service panel cover shall be in place at all times when work is not being performed in this area. If die elecaician neglects 10 ~Iace the cover after work has been completed. MOIDrOIa personnel should carefully replace the cover or ~ the problem. 7. DEDICATED POWER ~ must be a means of ~moving power from a given unit without disrupting another rack of equipmenL A rack which is hard wired 10 a distribution box shall be on ilS own branch circuit with a dedicall'-d breaker. When the equipment is designed 10 have separate power feeds from primary and secondary power sources. each source must be supplied through a separate breaker. Where units are plugged inlO a rec:epl8C1e, both plug ani' ~tacle must properly mate 10 avoid a safety hazard. Removing the Deutral prong or a three-prong plug is saictly prohibited. Also prohibited is the use of exlCllSion cords. 8. CIRCUIT BREAKERS 8.1 SIZING The main pmpose of a circuit breaker is 10 sense current within the branch circuit, and to aip when an unsafe condi- tion occurs. Circuit breakers must be large enough 10 supply the normal current needed 10 run the equipment attached 10 its branch circuit, plus an added cushion 10 cover changes in R56(Change I} QUALITY STANDARDS. FNE Installations, Vol. 1 2- 3 -- 93-437-438 2. BUILDING AREA SPECIFIC A nONS lhe load, supply source, turn on surge, and nonnal aging of . 'system. This is why it is important that the breaker size .(ch the load and wire size of the circuit If this is not taken into account, a potential fire hazard or maintenance problem will exist. 8.2 LABELING Each breaker in the panel will be labeled to identify its load. This labeling will also be present at the equipment end of all power runs to allow for easy identification of the circuiL 9. EQUIPMENT STABILITY 9.1 TOP BRACE INST ALLA TION FOR EARTH- QUAKE AREAS In areas where eanhquake protection is required, it is impor- tant to work with the customer to determine their needs. Since the protection will be no greater than the building in which the equipment is installed, time must be taken to detennine the correct method to be used. Nonnally, the equipment will fall forward or backward: therefore, braces running at 45 degree angles (from the front and back of the uipment to a solid beam or channel in the ceiling) are ~.:sirable. The building shall be designed and constructed to resist seismic forces as specified by the UBC. The forces shall be assumed to come from any horizontal direction and applied horizontally to any level above the foundation. A combination of loads acting simultaneously shall be con- sidered as per UBC in detennining the strUcwral integrity. When baueries are used in an earthquake zone, seismic racks will be installed. 9.2 ANCHOR SIZE AND TYPE Regardless of size, ail pennanent equipment (racks, cabinets, etc.) must be securely anchored. Anchor selection shall be based on the holding power required. This calculation in- cludes not only the load factor (weight), but also the way the load is transmitted to the anchor (shear, tensile, combined). The number and size of the anchors to be used is often detennined by Motorola or its vendors. This is based on 'any different factors, such as the strength of the holding material, and the likelihood that the equipment will be sub- jected to vibration and/or shock loads. ., Maximum anchor perfonnance requires that the material in which the anchor is installed can sustain the load to which the anchor will be subjected. Many times, in a prefab build- ing, you will find layered floors and/or walls containing a soft core. These support structures will require a different anchor than that used in a solid concrete floor. The number of anchors used will effect the Structural integ- rity of the material the anchors are being installed in. Be- cause of tIIis, it is recommended that the anchors be spaced a minimum of ten (10) times their diameter. With top-heavy equipment mounted to different forms of flooring, safety is a major concern. Equipment shall be bolted to the floor using bolts that are large enough to handle vector forces induced by rack movement and equipment weighL These bolts shall be torqued according to Table 2-1. Table 2.1: Torque Specirlcations Bolt Treads! Torque: Diameter Inch Grade 2 Grade 5 1/4" 20 66 in. Ibs. 8 fL Ibs. 114" 28 76 in. Ibs. 10 ft Ibs, 5/16" 18 11 fL Ibs. 17 ft. Ibs. 5/16" 24 12 fL Ibs. 19 fL Ibs. 318" 16 20 fL Ibs. 30 ft Ibs. 318" 24 23 ft. Ibs. 35 ft Ibs. 7/16" 14 32 fL Ibs. 50 fL Ibs. 7/16" 20 36 fL Ibs. 55 fL Ibs. 1{2" \3 50 fL Ibs. 75 ft. Ibs. 1{2" 20 55 ft Ibs. 90 ft. Ibs. 9/16" 12 70 ft. Ibs. 110 fL Ibs. 9/16" 18 80 fL Ibs. 120 ft Ibs. 518" 11 100 ft. Ibs. 150 fL Ibs. 518" 18 110 fL Ibs. 180 fL lbs. 3/4" 10 175 fL Ibs. 260 fL Ibs. 3/4" 16 200 ft Ibs. 300 fL Ibs. . " . 2-4 MOTOROLA NA T10NAL SERVICE (Change 1)1/1191 93-437-438 2. BUILDING AREA SPECIFICATIONS , (2) Lighting Fixtures: Minimum Levels = 0 (off 90% oCthe time) Maximum Levels = 100 foot candle illumination (3 foot level at front and back of each rack of equipment). Note: Lights per KWHR = 3,415 BTU/hr. (3) Exhaust Motor: Minimum Value = 0 (off 50% of the time) Maximum Value =.1,700 BTU/hr. (heat partially vented along with exhausted air). (4) Human Occupant: Minimum Value = 0 (unoccupied 99% of the time) Maximum Value = 700 BTU/hr. (assume single teChnician in building). (5) Solar Effect: Minimum Load = 0 (cloud cover & darkness) Maximum Load = based on ASHRAE principles. 4 (6) Air Handling System: Air make-up assumed at 10% total volume Maximum air intake velocity = 500 FPM (limit water intake and noise level) Maximum duct pressure drop = .08 inch water/100 feet Maximum duct outlet grill temperature = 65 degrees F. Notes: 1. The final air conditioner size shall be determined by the insulation materials utilized in construction, plus the calculated air infiltration and exfiltration vo- lumes. For a typical building, one (1) ton per 300 square Ceet shall be a minimum. 2. The battery system's environment shall be main- tained and conoolled at 70 degrees F plus or minus 10 degrees F. 3. Anti.static provisions shall be employed to elimi- nate damage by static electricity to sensitive com- ponents at relative humidity levels below 20%. 4. In areas containing a high concentration of elec. tronic equipment, air conditioning may be required during the middle of winter, even when oUlSide temperatures are sub-freezing. In situations such as this, a typical window unit will freeze and become inoperable. 12.3 EXHAUST VENTll.A TION (DEPENDE~"1' UPON SITE CONFIGURATION) (1) Battery room non-sparking exhaust system shall be timer conoolled Cor automatic isolated venting. All louvers and dampers shall be motorized and inter- faced with the conool system. The system shall be sized to exchange the room air four times per hour. (2) Generator room intake duct louvers shall be motor- ized and interfaced with the engine star1/stop con- 001. (3) The equipment hardware room ventilation shall be both manually and thermo-statically conoolled. All louvers shall be motorized and integrated with the exhaust motor conools. (4) The air velocity shall be limited to 20 FPM in the conditioned space to limit noise levels and the ob- jectionable actions produced by soong air move- ment (5) The air pressure drop through the ducting shall be limited to .08 inches oC water per 100 feeL (6) Mechanisms shall be provided on all air intake ducts to exclude air impurities and limit the particle density inside the building to a maximum level oC 0.5 micrograms per cubic foot (7) All vents and intake/exhaust louvers shall be pro-' vided with hoods to shield the openings from the weather elements and to maintain security against vandalism. (8) Manual override conool shall be provided to actu. ate the system to clear odors, smoke, and other con- ditions. (9) The equipment room ventilation system's automatic conlrOl shall be set to "active" at a temperalUre oC five to ten degrees F above the air conditionerl heater system set poinL The ventilation system shall be sized for four (4) air changes per hour. Outlet duct openings shall be of sufficient cross section to convey the required volume with a maxi. mum velocity of 800 FPM. R56{Change 1) QUALITY STANDARDS. FNE Installations, Vol.l 2- 7 93-437-438 2. BUILDING AREA SPECIFICATIONS 13. EQUIPMENT SERVICING _J.l CLEARANCE Minimum service clearance on the equipment is 36 inches in front and 30 inches in back. This is to allow for easy access for service and additional personnel. On many occasions, however, the room layout changes between the date the site was designed to the time of the actual installation. If plans to relocate the equipment include placing the equipment in an area where serviceability is jeopardized, field personnel must notify the project coordinator to request further insuuctions. If a satisfactory solution cannot correct this issue, then the reasons why such a condition exislS must be documented. If these procedures are not followed, the installation workman- ship will be repeatedly brought to the maintenance technician's attention, each time work is performed on the effected equipmenL 13.2 ACCESS Installation personnel must make every effon to avoid situ- ations in which cable trays have to run through another area in a facility occupied by another customer and requiring a separate key and/or permission to enter. I "'hen cables pass through a wall, the hole will be sealed to allow for environmental control and to prevent the spread of fire and/or gasses. A good example of this is having the batteries located in a nearby room. By code, the battery room must confine a fire for a minimum of two (2) hours. 14. TELEPHONE OR MICROWAVE COMMUNICATIONS Telephone or microwave communications at equipment sites is very imponant for safety reasons, as well as for perform- ing maintenance and troubleshooting. To ensure the safety of personnel. especially when only one person is worlcing at a remote location, two-way communications must be avail- able at all times. For maintenance and troubleshooting, a tclephone or microwave link is invaluable when there is a need for the local technician to be able to contact a central support group and/or computer in order to obtain help. Many new systems also require a communications link to down- load the operational information in order for the equipment to function. With the above reasons in mind, a two-way communications link is required for all equipment sites. IS. BATTERY SAFETY PRECAUTIONS Batteries present a wonderful solution to system support problems during times of unsatisfactory commercial power. however, they increase the number of safety issues that must be considered. Battery rooms must be sealed to prevent the spread of gasses and/or fire. By code, these rooms must confine a fire for a minimum of two hours. ., Provisions must also be made to exhaust gasses given off by these batteries. The correct stationary battery name-arrest- ing vent must be installed on each cell. This vent must be secure, clean, and in repair to ensure maximum protection against potential explosion. Two methods may be used to vent battery gasses. One method is to use an exhaust fan on a timer. The other way is to use a manifold system that is comprised ofPVC tubing (see photo. 2-3). Whichever method is selected, the air must be exchanged four times per hour to vent off the excess hydrogen gas. "No Smoking" signs shalllle displayed in the battery room. Smoking, or the source of any spark-producing materials, is strictly prohibited in this area (see photo. 2-3). This must be enforced as an explosion may result due to battery vapors. A non-sparking circuit breaker of adequate size to handle the DC current produced by the battery system and ilS load must be installed (see photo. 2-3). This allows the batteries to be removed from the charging and load circuilS during battery servicing. . .Since all commercial batteries contain acid in one form or another, itis necessary to protect the noor under the batteries from damage should a battery leak. Safety material must also be present in order to protect personnel from acid bums. Full face shields and eye wash solution must be present at each site containing batteries of any kind. Rubber gloves and apron must also be available when working with any type of large commercial battery. , Due to their size, weight, and service needs, batteries are normally installed on shelves or racks; however, in earth- quake-prone areas, seismic racks will be used. Racks and shelves must be consuucted to support the total weight of the batteries and other supponing equipment placed on them. A means of preventing the accidental movement of the batter- ies that could cause them to fall must be implemented. . 2-8 MOTOROLANATIONALSERWCE {Change 1)1/1191 - 93-437-438 2. BUILDING AREA SPECIFICATIONS The two suggested methods are as follows: ) 1. Inslall a rim around the baueries 10 prevent tipping. 2. Inr.en:onnec:t the batteries 10 prevent movemenL Racks must be bolted 10 the floor or wall, and, although the batteries may elecaically float, the rack, if metallic, must be grounded as per MOlOrola grounding specifications. The standard metal rack, by design, also confines the total weight of the baueries to a small section of the floor. Because of this, exlIa care must be taken to ensure the solid structure of the flooring can handle the weighL Placement of the baIIer- ies must also prevent direct sunlight from heating the cells. q I ;.~~~~;ti:t...1:\':2J~~~.7~~:<'.~,.;-,: 1_" ~I;lj }:"~~~~~-:.:~ ~'g~;';~ ""ll. " ." ,>" '," ~-"-"' ','''J' ,~ <0-.- ~ I ~~~1: Jt;~~.:!:~_I' L:-:~ ."1 .r':":;l~e;.~:\..;;,,-:,- ,~- ;; 0 n n Do' . '.Jt'~'r:;--.:",.;., :;i \~q;~;ti~W;;-.~\ ,v,.. ":.~ ~\1~'\' "'n~~:j , n ~,~ n: n o"m 0 ~'~~12.~-- iCI ,'",'1\:, '~ ~~,4!---~ " f' :1 J , /~ } ,I PholOgraph 2-3: Example of a well installed battery system. Observe the "No Smoking" sign and the venting sySlClll. Usually, the selection of the type and size of the batteries will be detennined by C\1SlOlRel' preference and system parame- ters on an engineering basis. Unless otherwise specified, the battery system selected, for most large applications, will either be the flooded lead-acid type or the lead-alcium type. These battery cells have been generically known as "wet" cells. Handling "wet" cell bat- teries requires that close attention be paid 10 the weight and corrosive content of the cell. Newer battery technology uses a sealed, rechargeable lead- acid battery. These sealed units are generically known as "dry cells" or starVed elecuolyte. Using"dry cell" baueries requires that close attention be given to the weight of these unilS. Note: The gassing rate is dependent upon charging time, temperature, and elevation. Table 2-2: Battery Accessories Required OD Site (I) Connector bolt wrench (non-conductive) (2) Lifting sling and spreader block (3) OSHA approved emergency eyewash kit (4) Rubber gloves, apron, and face shield (5) Container of baking soda 10 neutralize spilled acid (6) Container of non-oxidation mllleria1 for coating eleclrical connections m. Hydrometer with marldngs every 10 poinlS (8). One acid-resistant container for stOring the hydrome= (9). Thennome=, Battery. Note: ..... denotes items required for lead-acid battery use only. 16. NATIONAL AND LOCAL CODES In all cases, procedures. workmanship, and maJerials must follow or exceed those specifted in the National Elecaical and Safety Codes. Local codes will also be followed at all times 10 ensure an accepllIble inslallation. Note: For systems that have batteries installed. special attention must be given 10 national and local codes 10 ensure compliance. , R56(Change 1) QUALITY STANDARDS - FNE Installations, Vol. 1 2-9 93-437-438 2. BUILDING AREA SPECIFICATIONS 17. ANTENNA PLACEMENT .Itcnna mounting shall be per the manufacturer's instruc- lions. All antennas shall be placed according to installation cnginccring information supplied by Motorola. Table 2-3: Antenna Separation - Minimum Standards Syslcm Vertical Horizontal (in feet) (in feet) Trunk 5 20 Ccllular: OmnilOm ni 3 12 Omni/Scc tor 0 12 Sector/See tor: Receive Antenna 0 8 Transm it Antenna I 3 The installation hardware supplied by the antenna manufac- turcr shall be used unless Motorola is supplying special brackets ror unusual mounting. When applications require special orientation such as in cellular and microwave installations, special attention must ..~ taken to verify that alignment and separation rules are .ing rollowed I Note: The antenna installation team must be sufficient to perform the task at hand. These personnel must comply with proper installtcchniques and safety policies. 17.1 PHYSICAL ALIGNMENT PROCEDURE r) A portable hand compass for verification of direc- tion and magnetic north will be needed. (2) To assist in establishing the remote landmark posi- tion for the required antenna back azimuth verifica- lion, a good large-scale topographical map of the location, with seven and one-half minute markings, will be needed. When antennas are mounted on existing buildings, a building site plot plan would be helpful in establishing the building reference direction. (3) Two (2) portable communications radios will be nceded for coordinating activities between Ihe ground and anICnna locations. I (4) To prevent damage to bolts and antenna hardware, the site supervisor must insure that the antenna installers use the proper tools for the task at hand. ~ 18, TOWER ASSEMBLY The vendor supplying the towers will supply an installation specification manual with each LOwer. It will be the subcontrllClOr's responsibility to follow this manual's in- structions. If a problem occurs preventing this action, the subcontrllCtor must notify the Motorola project coordinator immediately before continuing work. With this in mind, the Motorola personnel overseeing the subcontractor must com- pletely understand this manual to ensure long-term reliabil- ity. If the LOwer manufacturer offers an installation training school, the contrllCtor should have one of his or her job supervisors attend the program and this person should be on the job during the critical S1lIgCS of tower insta1lation. Motorola shall be responsible for tower design, including selecting the correct tower to support the antenna loading for both the present and estimated fuwre needs. Motorola will also supply the foundation design and perform the soil test- ing for each site. Zoning and permits are normally the customer's responsibility; however, in special cases, Motor- ola can assist in obtaining the necessary approvals. .. The selected tower subcontrllCtor shall be responsible for all activities relating to tower erection. This shall include foun- dation and pier excavation/conslnlction, steel erection, paint- ing and lighting (where required). and grounding as per Motorola specifications (see Chapter 4). Antenna and line installation will also generally be included in this subcon- trlICl. All subcontrllCtors will be expected to dispose of any refuse material and level any ground that was excavated during construction. , I Alltower5 must comply to the latest E1A Standard, RS-222; FAA. Standard, subpart C, part 77; and local building codes as a minimum acceptable level. 19. BACK.UP GENERATOR TESTING The main purpose of a back-up generator is to supply reliable power to a critical load during emergency conditions. It is very important to the operation of the electronic equipment that the generator be completely tested before the new load is . 2-10 MOTOROLA NA TlONAL SERVICE (Change 1)111191 93-437-438 2. BUILDING AREA SPECIFICATIONS placed on it and at periodic inwvals after the initial check- OUL This initial checkout shall be perfonned before the new """I equipmpnl is activalal. GCIIClatOrS will be 1CSIed wi1how the load 10 ensure lhat voltage and frequency oUlpIIts meet load specifications (refer 10 the vendor supplied documents). The lr3IISfer switch must have a means of delaying the load lr.IIISfer 10 allow the motor 10 subilize. This means the system will be off the air for a short period of time unless a batIery system is employed. Failure 10 have an adequate delay will result in unpredictable generator oUlpIIts. This could cause damage 10 the electronic equipmenL Notes: 1. All attempts shall be taken 10 stabilize generator loads (i.e.. lOwer beacons baIJast load). 2. All neuuallines shall be in separate conduit at the lr.IIISfer switch location. QUALITY STANDARDS. FNE Installations, Vol. 1 2-11 RS6(Change 1) .- 93-437-438 2. BUILDING AREA SPECIFICATIONS This page inlentionally left blank MOTOROLA NA TIONAL SERVICE 2-12 (Change 1)1/1/91 ~ ( . J' . . 93-437-438 ~ 3. CABLING 1. SIGNAL, POWER, AND GROUND CABLE SEPARATION In parallel NIlS. signal. power. and ground cables crable 3- I) must be separated by a minimum of three (3) inches. At intersections, the cables will be run as closely to ninety (90) degrees of each other as possible. These requirements are based on the knowledge lba1 high elcc:1rical energy can be induced from one cable to another. especially during a light- ning hiL When diff=nt types of cables are separated. lbc likelihood of energy aaveling down a ground wire and in- ducing a voltage to a signal line will be gready reduced. This is not a guarantee thai lightning damage will be eliminalcd; however. it is pan of the necessary requirements 10 keep the damage to the minimum. Table 3-1: Types of Cables (I) R.F. antenna lines \ (2) Power a AC b. DC (twice the size per amp. as AC) (3) Signal a Audio b. Conuol c. Digital (4) Grounds 2. POWER AND GROUND CONNECTIONS As the l.Cmperature and humidity changes. lbc wire and other components expand and conU3CL 11Iesc changes will cause a tight connection to loosen over a period of time. Ground lugs must be inspcc:tcd for tightness immcdialCly following completion of the insta1Iation. 30 days after completion. and during scheduled preventive maintenance. 3. SIGNAL CABLE AND ANTENNA CONNECTION SECURITY Loose COMections can result in a number of problems that can range from an easily detected malfunction 10 an inr.ennit- tent problem that is difficult 10 duplicar.e. Most connections are located on backplanes. terminal blocks, or telco blocks and should be kept tighL lf more time is spent in ensuring tight connections, a reduction in service calls will resulL 4. CABLE SELECTION Due 10 the diff=ntlypCS of terminations available 10 cus- tomers. it must be ensured lba1the cable used to interconnect the components is suited for the job. lnstaIlers and supervi- sors must insure that the cables that are delivered with the system meet the customers current and fuwrc needs. Con- tinuous dialog with the customer and the system engineer willeliminatc any misunderstandings. 4.1 SOLIDWIRE Solid wire is 10 be used when.lbc electrical connection is made by having a pin cut into lbc wire itself. This may be accomplished with either punch down or wire wrap connec- tors; lbc sharp edge of lbc pin cuts lbc wire 10 make the eleclrical and mechanical connection. This type of connce'" tion fatigues lbc wire, however. and can only be used once. When a solid wire is removed from its connector pin, die old wire end must be cut off and the insulaIion slrippcd back to expose a new section of wire. Because of Ibis, it is a general practice to leave a three to five inch service loop in cross- connect wiring, especially for longer runs. 4.2 STRANDED WIRE Saandcd wire should be used when flexibility is impot18DL or wh= compression connections are to be made. An example of this is a lug crimped 10 a wire that is connected to a screw type tcrminal block. Unfortunately. situations arise RS6(Change 1) QUALITY STANDARDS. FNE Installations, Vol. 1 3-1 - 93-437-438 3. CABLING which require the connection of a solid wire to a screw-type lenninal block. When this occurs, there are two options 1i1able. The fIrSt choice is 10 simply wrap the solid wire Jund the screw. The preferred method, however. is to use a crimp-on lug, bUI afler compressing the lug, a small amounl of solder must be applied 10 ensure a durable physical con- nection. 4.3 SHIELDED WIRE Shielded wire shall be used on circuit paths where induced noise can jeopardize system performance. When shielded cable is in use and the cable is not lCnninated with a connec- tor, the signal carrying wires will be terminalCd as per the above specifications. Grounding of the shield will be ac- complished at one end only, and this must be consistent lhroughout the installation. 5. POWER CABLE SIZE Care must be taken when selecting the size of the cable to be used because a fire hazard could exist. Refer 10 Table 3-2: Power Cable Size, for details. I Table 3.2: Power Cable Size COPPER CABLE (AWG) AC MAX. CURRENT DC MAX. CURRENT 14 ....................... IS ........................ 7.5 12....................... 20...................... 10 10.......................30...................... IS 8 ....................... 45...................... 22.5 6 ....................... 65...................... 32.5 4 ....................... 85...................... 42.5 3 ..................... 100...................... 50 2 ..................... liS ...................... 57.5 I ..................... 130...................... 65 0..................... ISO...................... 75 00 ..................... 175...................... 87.5 6. CABLE DRESSING AND FASTENING Cables need 10 be dressed in a manner that allows for easy servicing, yet still looks neat in appearance. The aClual number of ties needed wi\1 vary due to the distribution sys- tems being used, the size and type of cables being used, and the number of turns the cables are required to make. When cables are run inside a building, a tie shall be used 10 aoach the cable 10 a stable object every three (3) feet, where the cable sags one-quarter inch or more, or where movement could eventually fatigue me metal and damage me cable. ., 7. TRANSMISSION LINE USAGE Transmission line usage will be directly dependent upon me line length and E.R.P. parameters designed into me sySlCms (Table 3-3). Table 3.3: Typical Transmission Line Usage Diameter Length 1/2" up 10 65' 718' up to liS' e 1518" over liS" 8. TRANSMISSION LINE INST ALLA TION Towers must support multiple antenna lines, and at one pound per foot for one and five-eighths inch line, mese lines are quite heavy. Therefore, antenna line cable load must be equally distributed among me lOwer legs. Care must be taken to ensure that me lines are properly routed and sup- ported, using the appropriate attachment hardware, from me lOp of me lOwer 10 me l:quipmentlocalion. For lOwer installations, aansmission lines shall be secured at one foot intervals for the fIrSt three feet at the top of vertical runs and mereafter at three foot inlCrvals using supplied materials. Make certain lhat the aansmission line cable is fastened so lhat its weight is supported independently from the antenna. There must not be any strain on the antenna conneclOr. ~ IFoam Heliax shall be aoached 10 supporting structures with tie-wraps which are designed for outdoor use. manufacturer supplied faslCners, or stainless steel butlCrfly clamps. . 3-2 MOTOROLA NA T10NAL SERVICE (Change 1)\/1/9\ " 93-437-438 3. CABLING ~ INot all lines will be foam filled. If lines are air filled. considelation for air dehydrator equipment or inert gas pres- surizalion must be included in sil.C dclails. The air dehydra- lOr shaIJ not be moun!.Cd in equipment racks .......ause the vi- brations can have an adverse effect on the equipmenL Con; suit the SYSl.Cm engineer for placement of pressurization diSlributilin manafold(s) and associated air monitoring and regulating devices. ' Gun or hammer driven slaples are not recommended for use with any lI'lUIsmission line. They tend 10 crimp the cable and may crack inl.Cmal insularors or cause slight cable fraclllrcs. Pressure leakage, inl.Cmal shorting, and characteristic imped. ance changes may result from lhcir use with air line. When cable runs must be secured 10 masonry. melal. or wood walls, where the use of nylon lies is impractical. mount. ing SIrlIps may be used. Care must be laken so lhal the 0UlCr dimension of the cable is not distort.ed by mounting strip pressure. The cable may be laped with vinyl !ape beneath the fasteners 10 give added prol.CCtion against crushing. F8Sl.Cners must hold the cable funlly in place. Where )lJ1ICti. cal, use fasteners so that the coaxial cable is supported against the fIa1 side of the mounting structure 10 dislribul.C pressure over as large an area as possible. Under no circwn- Slances will any type of coaxial cable be allowed free move- ment from wind or lOwer vibration. Metal fatigue and ulti. maI.C breakage can result from even minor flexing of solid dieleclric cable at the point of f8SI.Cning. ) Additional support is required for lines with long horizontal runs. If runs are greater than IS fect in length. a support structure, such as an ice bridge, must be installed. This will provide the lines with needed prol.CCtion and support against wind, SIIOW, and ice. Once installed, the support structure must be bonded 10 the sYSl.Cm ground It the building end. Support for runs shorI.Cr than IS fect is optional. Care must be laken so lines are not kinked or bent at sharp angles. The bending radius sha1I be no less than 10 times the line diamel.Cr. Lines shall be brought inlO the equipment enclosure per methods specified in the installation docu. ments with all enll)' points weatherproofed. Drip loops sha1I be incorporalCd in the runs 10 prevent Water from trickling doW'll the lines inlO the building. Lines must be run 10 the equipment area specified by the Mororola installation docu; ments and 1.ermina!.Cd with the proper RF connector. When lines are run underground (i.e., under a road or parking lot), it shall be verifacd that the conduit is wal.CrtightlO prol.CCt the cable. Towers and anl.Cnna lines near the ground shaJJ also be prol.CCted from damage by both aulO and foot traffic. Special aacntion must be given 10 anl.Cnna lines 10 reduce the possibility of lighllling damage 10 equipment inside the buil, ing. Transmission lines must be grounded It the lOp of tl' vertical run and as lines C111.C1" Ibe buiIdiDi- If Ibe borizoDL run is more than fifteen feet, an additional ground kit shall t installed on lines It the lOwer's lowermost cable suPPOrL AU ferrous metals used as pan of the instal1ation shaJJ be hot dip galvanized or stainless Sleel. AU screws, bolts. loe washers, and nuts sha1I be stainless steel, brass, or hot-di' galvanized. 9. ANTENNA JUMPER INsr ALLA nON AnI.Cnna jumpers arc easily damaged, and care must be laker when working with them. A tight lUm willldnk the oute shield and change the reflected power load being prcsente<: 10 the equipmcnL The shield can also short inlO the center condUCtor and shunt the entire signal. In tight silllations or where the dressing will be more attractive or proI.CCtive 0, the cable, ninety degree connectors will be used 10 peeven lhcse problems. When installing anl.Cnna jumpers, lb, manufaclUrcr's bending specifications mUSl not be violated since this practice degrades sySl.Cm performance. Table 3-4: supernu Cable BeDding SpecilicaOODS Jwnper Diameter Min. BcncIing Spec. 1(1.' .---..--..______1.25. 1/4' ...--.._....__........1.00. 10. CABLE LABELING To aid in future aoublcshooling, each cable mUSl be labeled It both ends with a realistic means of identifICation. Labels used must be permanent and professional in appearance. Table 3-S: Suggested Cable Labeling Techniques show suggCSlCd methods for labeling the various cables one is likely 10 encounI.CI" It a sile. RS6(Change 1) QUALITY STANDARDS. FNE Installations, Vol. 1 3-3 '-- 93-437-438 3. CABLING Table 3.5: Suggested Cable Labeling Tecbniques ~_~Ie Diameter Labeling Method < 1/2" Use a tie-wrap with a flag molded to iL Use a nylon tag with a hole at each comer and secure it around thecable jacke using standard tie-wraps. Use numbered stickers. > 1/2" any size The contractor shall clearly mark each transmission line wi!h tower height and antenna model number. In addition, a hand-drawn diagram shall be given to !he Motorola project coordinator showing tower height, antenna orientation. length of each transmission line run, and the model number of each antenna. 11. CROSS-CONNECT BLOCKS 11.1 SELECTION Cross-connect blocks (C66 type, 25 pair, Motorola pan number 01-836521(01) are normally recommended to stan- ~-'dize cross-connect block installations. This unit can be unted on a distribution frame, equipment rack, or wall- mounted plywood. Cross-connect blocks allow for !he punch- down connection/termination of standard 25 pair, telco-style cable and is equipped with the necessary shorting clips. In special cases, like physical needs or customer request, other forms of cross-connectterminations may be substituted. Note: If the above mentioned cross-connect block is used, a standard C-66 punch-down toOl is required. 11.2 lNST ALLA TION On large systems wi!h six (6) or more blocks, it is advisable to install !he blocks on a distribution frame like those used in the telephone industry. The use of these distribution frames allows for a more professional installation where fewer prob- lems will be encountered. In smaller systems, where the cost of distribution frames exceeds budgetary allocations, a three-quaner-inch thick plywood sheet shall be used to mount the blocks. The sheet shall be of adequate size to allow for proper spacing and future expansion. The plywood will be wall-mounted at a convenient location to allow for adequate service clearance and minimum cable lengths. The mounting of the blocks shall also allow for easy installation and servicing (photo- graph 3-1). ., Photograph 3-1: These cross-connect blocks are wall mounted to a plywood panel. Notice how the spacing between the blocks allows for servicing. ( . 11.3 LABELlNG Like cables and major equipment items, cross-connect blocks in the system must be identified. Labels used will be perma- nent, professional in appearance, and provide high contraSt with the background to wbich they are affixed. Individual circuits on each block shall be labeled in a neat fashion using indelible ink. J" 12. WIRE WRAP CONNECTIONS A connection with toO few wraps may result in poor electri- cal contact; however, toO many wraps will prevent the addi. tion of more wires. For this reason, six to eight complete turns are required on each pin. Bare wire must not be exposed in such a manner as it could possibly short to adjacent pins or signals. When a wire run is tight, bends around comer pins will be avoided since these pins can cut through the insulation. Refer to Table 3-6: Wire Wrap Standards for more detailed information. . MOTOROLA NA TlONAL SERVICE 3-4 (Change 1)111191 93-437-438 "' 4. GROUNDING AND BONDING 1. GENERAL The purpose of this chaplCl' is lO establish technical guidance for installing a grounding system which will provide person- nel and equipment lightning protection. and minimize in- duced noise and static. Ulilization of this document in sysll:m design must be in conjunction with the National E1ecnical Code and all JocaI grounding-relalCd building codes (which would supenede this document). Protection of e1ec- uonic equipment and personnellO the natural phenomenon of Iighming demands a thorough evaluation of eacb individ- ual sysll:m requirements. The precautions will influence the lightning environmentlO which a sySlCm and equipment will be exposed. The degree of protection will delCrmine the severity of a direct lightning slrike's potentially damaging effects. 2. ASSUMPTIONS t It is assumed lhroughoutthis standard that the soil inlO which a grounding sySlCm is 10 be established is of average resistiv- ity and that sub-surface formations do not prevent ground rods from being driven 10 the depths specified. If Ioca1 conditions prevent the above assumptions from being met, special engineering for a grounding system will be required. The reference documents IislCd in Section 12 (i.e., National Elecnic Code, BeD Telephone SpecifJCalions, etc.) should be used in delCrmining the special requirements. 3. SPECIFICATIONS 3.1 GROUND RODS IA copper-clad steel rod with a minimum length of eight (8) feet and a minimum diameter of 5/8 inch will be used. The actual size, length, and number of rods used will be deter- mined by soil resistivity/composition as specified in Chapter I. Page7, Paragraph 5. 3.2 CONDUCTORS These are the wires which connect ground rods lOgether. form ground rings, and allow connection of objects 10 be bonded lo the grounding sysll:m. Saaps,1lars may be used as long as the aoss-sectional area equals or exceeds that of the . specified wire. 3.2.1 CODductor Types (I) Below Ground I ::: copper wire. Tinned solid coppcrwire will be (2) Above Ground Solid or stranded copper wire. lnsulalCd wire must be used when runs are in cable trays, and is optional when used for other above ground applicalions. 3.2.2 CODductor Sizes (1) Below Ground 112 A WG minimum. (2) Above Ground L For ground rings and COIIIICClion of inlCrnal and external ground rings, 112 A WG minimum. b. For grounding of equipment and specific metal objeclS,1I6 A WG minimum, 112 preferred. c. Specific recommendations for larger conduc- tors are nolCd under specific circumstances. 3.3 CONNECTIONS 3.3.1 GeDeral Where connections are made using a lug or clamp, the con- tact points are 10 be cleaned and made free of foreign mall:- RS6 (Change 1) QUALITY STANDARDS. FNE Installations, Vol. 1 4-] . 93-437-438 4. GROUNDING AND BONDING rial. such as paint and corrosion, to ensure an adequate bond. "pplication of an anti-oxidant compound is recommended NO-OX" or equivalent). In order to maintain a good bond, lugs with two mounting holes should be used to prevent the pivoting and loosening that is inherent in lugs with only one mounting hole. Using star washers, auach the lugs to the equipment racks. cabinets, etc. with the appropriate number of fasteners. The objective is to provide a good eleclrical and mechanical connection that will stay that way! 3.3.2 Above Ground (I) Conductors: One of the following methods must be used when two or more conductors are to be joined: exother- mic welding (Cadweld or equivalent), or pressure- type crimp connectors(12 tons or better), bolted clamps, or split bolt connectors. Crimp connec- tions are not recommended on solid conductors. If mechanical connections are being used for above- ground bonding, these connections must be ''PM' ed" for tightness and corrosion prevention. Time be- tween PMs shall not exceed six (6) months and may be performed more often if desired. (2) Connection to Equipment: Connection of conductors to equipment shall be by use of lugs or clamps appropriate to the size and type of wire and provisions of the equipment being grounded (Figure I). 3.3.3 Below Ground All connections must use the exothermic welding process, or pressure-type crimp connectors (12 tons or better) 4. GENERAL PRACTICES 4.1 GROUND HALO Internal and external grounding systems will be connected logether to form a "ring" (encircling the building or equip- ment area to be grounded). 4.2 CONDUCTOR BENDING 'harp bends in conductors are to be avoided. 4.3 DISSIMll..AR METALS Copper conductors must not be installed on aluminum roof- ing/siding/cable trayS/etc., due to corrosional problems. Alu- minum conductors must be utilized for these areas, with proper bimetallic transition connectors between aluminum and copper. All aluminum conductors shall be two sizes greater than that specified (e.g., use #4 A WG instead of #6 A WG). The use of an anti-oxidation compound is recom- mended. ') 5. EXTERNAL GROUNDING SYSTEM 5.1 BUll..DINGS 5.1.1 Positioning of Ground Rods The grounding system around the exterior of a building will consist of a ground rod at each comer of the building and rods as necessary to reduce the distance between rods to 15 feet (Figure 2). The rods shall be driven, using the proper 1001 to prevent rod deformation, to a minimum depth of 30 inches below finished grade (NEC 250-8ld). The rods are to be placed approximately two feet from the building founda- tion (Figure 3). . 5.1.2 Forming the Halo The ground rods must be connected together as outlined under Sections 3 and 4. 5.1.3 Entrance to lnternal Grounding System " Provision must be made for entrance to the building's inter- nal grounding system. This will be accomplished by placing a PVC (plastic) pipe through the floor to allow a #2 A WG wire from the external grounding system to enter the build- ing for connection to the inlCrna1 grounding network. Metal conduit is allowable as long as the ground wire is bonded to the conduit ends. These entrances shall be provided adjacent to each ground rod (see Figure 3). 5.1.4 Ground Test Well I A ground leSt well shall be provided for measuring ground resistance. This can be a section of 6" PVC pipe placed over ground rods in alternate comers. A cover is to be used to keep din from the pipe (Figure 4). . 4-2 MOTOROLA NA TlONAL SERVICE (Change 1)1/1191 93-437-438 4. GROUNDING AND BONDING 52 ANTENNATO~RS } The antenna lOwers must be bonded 10 the external ground system (pholOgraph 4-1) using anyone of the methods used in Para. 3.3.2. Most lOwer manufacturers will not allow Cadwelding directly 10 the lOwer leg; however, they do offer an alternative soW'Ce but must be specified at the time of purchase. These kits must meet the current MOlOrola ground- ing slandards. j PholOgraph 4-1: The ground conductors are bonded 10 the lOwer base by the Cadweld method. Some lOwer manufacturers supply a plate (botlOm) for this purpose. 52.1 Monopole Masts Monopole masts will be grounded with a minimum of three ground rods, connected IOgether as specified in Sections 3 and 4. Four ground rods are recommended as shown in Figure 6. 522 Lattice Towen Lattice lOwers must be grounded with a ground rod adjacent 10 each lOwer leg and connected IOgether as specified in Sections 3 and 4 (Figure 5). If the distance between ground rods is more than IS feet, additional rods will be used to reduce the diSlanCe between rods 10 IS feeL This means if the rods are 16 feet apart, a rod will be driven midway be- tween the two tower leg rods. A If2 A WG (tinned solid) copper wire will be connected to this grounding system and 10 the lOwer leg, as specified in Section 3. A connection must be made 10 the building external grounding system de- scribed in Para. 5.1 above by a minimum of one conductor. 5.3 GUY WIRES Each guy wire will be grounded at the anchor poinL A ground rod will be inslalled at each guy anchor and wire con- nected as in Sections 3 and 4 (Figure 5). A If2 A WG (tinned solid) copper wire shall be connected 10 the grounding sys- IClllIO eacl1 of the guy wires as specified in Section 3. 5.4 CONNECTIONS TO THE EXTERNAL GROUNDING NETWORK The following is a partial1ist of ilCllls which should be connected to the external grounding SYSICIII; those which are followed by an asterisk (.) IDIIS be grounded: 1. Any meW feDce willlin six feet of the ex1l:ma1 grounding network or any grounded object. · 2. The tJ'lpI""i...inrlline entranee halcb, if metal1il:. Minimum COIIdnctor size If2 A WG. · 3. Metal building parIS DOl grounded by the intana1 grouDd ring. such as downspouts. siding. etc. 4. Metal fuel stonge laIIks, above or below ground. · 5. Oround rod or rods provided by the power or telephone utility for grounding of AC ground or protedOI'S. when pamitIed by local codes. 6. Any significant meW object within six feet of the external grounding sysICIII or any other grouDded object (i.e.. genetlIIllr). · 7. Building skid or pier fOllllClatioo anchors of pre- fabricaIal buildings. 8. Exterior cable tIlIy and ice shields · 9. Generator and support skid or bull. · Figure 7 shows details of typical grounding systems. , R56 (Change I) QUALITY STANDARDS. FNE Installations, Vol.! 4-3 93-437-438 4. GROUNDING AND BONDING 5.5 FE:"oICE GROUNDING REQUIREMENTS Ie fence shall be electrically grounded 10 prevent shock nazard from lightning or other electrical sources as follows: (I) Ground Rods A 10 foot long. 518 inch diameter copper clad rod shall be driven inlO the ground close by the fence. The lOp of the rod shall be at least six inches below the surface of the ground. In rocky areas. shoner rods may be used or special grounding techniques may be employed. Each 100 lineal feet of fence shall have a ground rod with approximate equal spacing between the rods. (2) Ground Wire # 2 solid copper wire shall connect the fence to me ground rods. Connecting devices shall be made of non-corrosive materials and shall be installed in a manner to prevent loosening due to vibration. The exothermic (Cadweld-type) welding process must be used (Photograph 4-2). (3) Customer and MOlOrola Specifications Special specifications will often define memods of grounding or connection to existing tower or sys- tem ground. Such definite specifications must be approved in advance by the cuSlOmer or Area Engi- neer and must be observed. Photograph 4-2: The fence post is grounded. including the gate. 6. INTERNAL GROUNDING SYSTEM 6.1 INTERNAL GROUND RING SPECIFICA nONS ~ An internal grounding system must be provided to allow the use of shon lenglhs of conductors from individual equipment ground 10 the internal grounding system. The halo system is recommended 10 be about six inches from the ceiling or 8-10 feet above the floor. The internal grounding network shall be suspended 10 allow easy connection. One such memod is the T &: ll'''fy-Rap" S0405A SllIIldoffwith TC-15 cable tie, or equivalent, attached 10 the building wall. This ring must not be concealed 10 allow inspection, and must not run along and in close proximity (about 6" minimum) 10 magnetic structureS such as ducts or "I" beams. The ring will encircle the radio equipment and supporting hardware. Additional side-to-side conductor runs may be made 10 facilitate equipment connection, these being well bonded 10 the main ring. The internal grounding system is 10 be connected to the external grounding system as provided in Para. 5.1.3. Under no circumSlllllCCS win the internal ground ring be connected 10 the building sprinkler system. Serious damage ..J.. could result due 10 the low flash point of these systemS: . 6.2 CONNECITONS TO INTERNAL GROUND RING When connecting equipment 10 me internal ground ring, the . ground cables must be run in the shortest protected route (using a cable tray) provided their placement does not inter- fere with other equipment or the safety of personnel. This allows the ground cables 10 provide a quick discharge path 10 ground Daisy-c:haining RF equipment racks is permitted; however, me chain should be limited 10 groups of five (5) cabinets or less. / ~ The following is a partia1list of items which must be con- nected to the internal ground ring (Figure 8): I. A ground must be auached 10 a point inion me repeater equipment, as close 10 the antenna coax auachment point as possible (but not cabinet skin). Vertical mounting rails in a cabinet make excel- lent bonding points. A #2 A WG copper wire is recommended. . 4-4 MOTOROLANAnONALSER~CE (Change 1)111191 93-437-438 4. GROUNDING AND BONDING 2. The transmission line enttancc ha1cb (if metallic). A 112 A WG copper wire is ra:ommendcd. , 3. Venlilation louvers and/or sheet melal duct work. 4. The cable tray system (multiple connections may be desirable). S. The AC power panel enclosure and AC power line proteClOrS. 6. The telephone terminal block enclosure, telco repeaters, and telephone proICCllln. A 112 A WG copper wire is recommended. 7. Door frames and doon. Braided or flexible welding cable is ra:ommended. 8. Any permanent. significant. metal object within six feet of any other grounded object. 9. Metal battery racks. 10. Operational emergency generator (may be separate internal grounding system in generator room). .. ) 11. Metal water ulility pipes on the SIRet side of the meter. 12. Transmitter combiner. 13. Receiver multicoupler. 14. Transmission line grounds and lightning arreslOtS as desaibed in Section 7. 6.3 CONSOLE GROUNDING When consoles are used in a system. bays will be bonded IOgether (Photograph 4-3) and tied 10 the central electronics rack with 116 A WG stranded or larger. The central electron- ics IlICk will then be anached 10 the system ground (i.e., building ground, external ground, etc.) widl a minimum of 112 AWG. , PholOgrapb 4-3: The console ground must be applied 10 the unit's fiamework, as shown in this example. . PbOlOgraph 44: The equipment nICk is grounded in this application. Notice how the rail is used as a grounding point. not the skin of the cabinet. RS6 (Change 1) QUALITY STANDARDS. FNE Installations, Vol. 1 4-S 93-437-438 4. GROUNDING AND BONDING 6.4 EQUIPMENT FRAMES AND OTHER METAL STRUCTURES &juipment. frames and other mellll struC1llJ'es, adjacent within six feet in any direction, shall be bonded together with conductors specir1C3lly provided for this purpose. Incidenlal paths through frameworlc, unistrut, cable racks, building steel, etc. shallllll1 be depended on. Solid copper or flexible stranded cables are preferred (photograph 4-4). 6.5 GROUND WINDOW e ideal approach to a ground system is the use of a single point ground. The area where all ground connections termi- nate is called a ground window. Physically, a ground win- dow is a copper bar with holes for connecting conductors and is similar in appearance to the external ground bar shown in Figure 9. Figure 10 indicares typical equipment connected LO a ground window, such as: relco prorectors, modems, releo repeaters, FNE, etc. The bar itself shall be directly con- ncctcd to the internal ground ring and to an immediately adjacent ground rod. 7. TRANSMISSION LINES I GROUNDING LOCATIONS Thc outer conductor of all coaxial transmission lines must be grounded as follows: I. At the top of the vertical run on the tower. 2. At the bottom of the vertical run on the tower. 3. At the point of entrance to the radio equipment building. This shall be imrnediate1y outside the cable entrance. Transmission line grounds should . be connected to the nearest external ground bar by an individual conductor for each line. If the cable entrance hatch is melal, the tranSmission line grounds may be connected to the hatch, if desired. 7.2 GROUNDING KITS Grounding of transmission lines is accomplished by use of an appropriate grounding kit supplied by the transmission line manufacturer. Examples of these kits are as follows: II 2" transmission line, Andrew 204989.1; 7/8" transmission line, Andrew 40993A-5 or 204989-2; I 5/8" transmission line, Andrew 40993Ak-2 or 204989-4. The instructions supplied with these kits are to be followed for application of the grounding kit (See product bulletins at the end of this chaprer.) . 7.3 GROUNDING WITH MONOPOLE ANTENNA TOWERS On monopole anrenna lOwers, grounding arrangements must be specified when the monopole is purchased to provide lOp and bottom grounding connections. 7.4 LIGHTNING SUPPRESSORS Transmission line lightning suppressors should be of gas tube type with blocking capacitors, (ref. RRX-4000A series product bulletin at the end of this chapter) as opposed to conventional air gap suppressors (e.g., ST-786fT). Suppres- sors must not be located on equipment cabinets, but rather near the area coax enlrllJlCC point Suppressors sha1l be grounded with shon lengths of bonding strap, or #2 A WG wire from multiple suppressor mounting bracketslplares to single point ground (Figure 11). 8. GROUNDING PROVISIONS FOR EXISTING Bun..DINGS ( . Existing buildings present a panicularly diffICult grounding situation. Usua1ly the most difficult grounding problem is to rmd a ground. Every effon sha1l be made to determine what grounding provisions already exist in the building. Particu- larly imponant is rmding the building ground if it exists. Other alternatives are melallic water pipes (if they can be verified as completely melal runs) and the building's struc- tural steel. ,.- " 8.1 EQUIPMENT GROUNDING IThe basic provisions of Section 6 must be follow~ . ~ inrernal ground ring must be connected to the building s grounding system. 8.2 ROOF.MOUNTEDANTENNAS Tower and anrennas mounted on the roof of an existing building pose panicular problems. Clearly, if the roof is opened to provide reinforcement or direct connection 10 the I '- . 4-6 MOTOROLA NA T10NAL SERVICE (Change 1)lIll9t 93-437-438 4. GROUNDING AND BONDING steel structwe, the opportunity for a good ground is present. ) The antenna supporting structure must be grounded by a minimum #2 A WG conductor to the building ground if possible (Cadweld to the antenna mast or suppon where practical). If multiple grounds or connection points are available, a ground ring around. the base of the tower or group of antennas will provide a method of grounding anten- nas and transmission lines. All metal objects on the roof shall be appropriately bonded to the roof grounding system; 8.3 PRE-AMPS Any antenna-associated pre-amps must be connected to the ground. Tower-mounted pre-amps must be bonded to the tower which also must be grounded. 8.4 TRANSMISSION LINE ENTRANCE TO BUILDING The provisions of Section 7 are to be followed as nearly as possible. Every effon must be made to provide a good ground for each transmission line at its point of entty to the building. (See Product Bulletins 372110 and 37916 at the end of this chapter.) 9. GROUND RESISTANCE MEASUREMENT A maximum resistance, between any point on the ground system and eanh ground. must be ten ohms or less (Cellular Systems 5 ohms or less). An instrument designed specifi- cally to measwe the resistance of a point to each ground shall be used. and the insuuctions provided with the instrument shall be followed for proper measurement method (such as Biddle Direct Reading Eanh Tester mode1 #250260 or equiva- lent). All connections should be checked if this specification cannot be met. Alternative grounding methods (e.g. Ufer or chemical treatment) may be called for. Consult your engi- neering depanment for specific recommendations. 10. LIGHTNING PROTECTION MEASURES In addition to the measures described under the preceding sections, the following special considerations must be made to minimize damage from lighming suikes and other unusual elecuical dislllrbances, 10.1 TRANSMISSION LINE Any unused transmission line must have the center conduc- tor shoned to the outer conductor or a lighming arrestor installed. 10.2 TELEPHONE LINES Each telephone line (pair) entering or leaving a site must be equipped with a three-eleclrode gas tube protector such as the Cook Elecnic 9A. Pona System 581P-2. or equivalent. Other types of protectors are acceptable as long as lhey provide line-to line and line-to-ground (three-electrode) pro- tection. and have operating characteristics equal to or better than gas wbe protectors. Devices containing gas wbe or semiconduetor (e.g.. "Transorb'') protection. such as the Pana System device, are preferred. Since local telephone utilities operate independently. nego- tiations with utility representatives must include provision of the type of protectors described. Normally. telephone com- panies will provide carbon protectors which do not meet lhe above requirements. If a ground window is used. the con- nection will be made at the single point ground bar; but if a ground window is not used, connections shall be made di- rectly to the internal ring. Telephone line protectors will be cOMected to the internal ground ring as described in Para. 6.2. -( 10.3 AC POWER LINES When installing a new site, it is recommended that AC power be protected using a commercially-available master AC surge protection device. such as a Joslyn Surgitron™. This device must be capable of handling the site's maximum rated load. Another method of protecting AC power lines is the use of protectors, such as Motorola RRX-4034B (dual voltage), on each ungrounded service conduetor. This protector may be connected on the load side of the main disconnect or on a branch circuit overcurrent protection device (fuse or circuit breaker) and must be sized large enough so it will not open the circuit under normal operation of the AC protector. R56 (Change 1) QUALITY STANDARDS. FNE Installations, Vol. 1 4-7 93-437-438 4. GROUNDING AND BONDING If installation as described above is not practical, the AC prOlcctor may be installed at the equipment itself, or the 1rola RRX-4019B protector may be used at the AC u_elex connection. The AC power line protectors shall be connected to the mtemal ground ring as in the steps described in Para 6.2. 11. ELECTROSTATIC DISCHARGE (ESD) PROTECTION An electrostatic discharge (ESD) occurs when two materials come into contact, and then separate. Getting shocked when reaching for a doorknob after wa11cing across a carpet is an example of ESD. What would happen if you touched a circuit board after wa11cing across the same carpet? Chances are, the ESD may be enough to destroy components like ICs 3nd uansistors-rendering the circuit board unusable. An- other possibility is that ESD may only demlde components on the board. Components suffering this type of damage often go undetected. In fact, a majority of service calls resulting in "No Problem Found (NPF)" are caused by staUc- damaged components. To prevent catastrophes lilce "fried" CMOS integrated circuits and erratically-oper3nng traIIS1S- lors, conductive wrist suaps, static shielding bags and field service ground kits must be used whenever handling ESD- sensitive devices. I ..ese ESD-sensitive devices are handled more often than you might expect, Once a device is shipped from the factory, it may be handled over and over again during i.ts.life. ~or example. the service center parts clerk, the techmclan dunng installation and maintenance, and the customer if no they do lhe maintenance or installation. The key to making these de- vices last is by using the appropriate precautionary measures every time they are handled. For example, how do you properly unpack one of these items? You must rust ground yourself using a conductive wrist suap (42-8038SA59 l!'" equivalent). Whether using a wrist suap from your tool kit or one that is at the site. If the wrist strap is used on a daily basis, it is recommended that it be tested on daily using a wrist suap tester (01-80320B62 or equivalent). Always place the strap around your wrist so that it directly contacts the skin. After ensuring that the cord is securely fastened to the sleap. attach the other end of the cord to a rel~ble ground such as an unpainted portion of a grounded eqwpment rack. Il is recommended that each rack have a permanently mounted wrist suap. You may now open the box and remove the s~c shielding bag containing the circuit board or module. Smce you are properly grounded, you may safely remove the mod- ule from the bag. What do you do with the module now that it is unpacked and vulnerable to ESD damage? Since you are still grounded via the conductive wrist strap, the circuit board or module may be installed in a grounded equipment rack. But what if you need to perform modifications or change jumper sellings on a circuit board? A static-dissipative mat shaJ1 be used as a temporary work station. Place the mat in an area that is free from nonconductors (e.g., plastic bags, document protectors, polystyrene cups). Before placing a module on it, ground the work station to an equipment rack. By keeping you and the work station properly grounded and clear of nonconductors, modifications and jumper settings may be performed with- out the threat of having the item damaged by ESD. . A test plan for ESD-protective devices is a must to ensure that the above procedures are effective against ESD damage. Wrist suaps should be tested using a wrist strap tester on a daily basis. Static-dissipative work mats should be tested according to the manufacturer's recommendations. Trans- parent metal1ized static-shielding bags should be tested us- ing an ohmmeter. By measuring between the surface and the folded area of the bag, the meter reading should be less than 100 kOhms. If it is greater than 100 kOhms, it should be discarded. Other reasons for discarding a static shielding bag are holes, punctures, tears, and/or ripped seams. Troubleshooting also presents the oppommity for electro- static discharges. Before removing modules or circuit boards from an equipment rack, ensure that you are properly grounded via a conductive wrist strap. You may even want to set up a field service ground kit (01-80371B2 I or equivalent) so you have an ESD-safe area where these items may be placed. If you replace a module or circuit board, make sure that the de. fective unit is protected from further ESD-damage by plac- ing it in a static shielding bag. If you need to store, ship, or carry one of these ESD-sensitive devices, place it in a properly-sized static shielding ~. Static shielding bags are transparent bags impregnated WIth metal particles. This type of bag prevents sialic build up on the inside while keeping electrostatic discharges from en~- ing from the outside. With the device safely llICked ~y UI one of these bags, you may then disconnect your wnst suap in order to move about more freely. You may even place the board or module on a table, if you desire, in order to continue working with both hands. . ". ~ . 4-8 MOTOROLA NA T/ONAL SERVICE (Change 1)I/lm 93-437-438 EXHffiIT H SOFfW ARE LICENSES 93-437-438 SOFTWARE LICENSE AGREEMENT This License Agreement is between MOTOROLA, INC., a Delaware Corporation, by and through its Land Mobile Products Sector, having an office at 1301 East Algonquin Road, Schaumburg, Illinois 60196 ("Motorola") and the licensee named below ("Licensee"). BACKGROUND Motorola has developed or acquired, or will develop or acquire Programs (as hereinafter defined). The Licensee wishes, either now and/or in the future, to obtain the right to use such Programs. Motorola is willing to allow such use, provided the LIcensee agrees to observe certain terms and conditions governing such use. The Licensee is willing to be so bound. At the time of seeking to obtain rights to any particular Program, Motorola may indicate to the Licensee that such a Program itself constitutes, or is part of a Motorola Product that is designated by Motorola as being a Category One (or, in the alternative, Level One), a Category Two (or, in the alternative, a Level Two), a Category Three (or, in the alternative, a Level Three), or a Category Four (or, in the alternative, a Level Four) product or Program. It is also possible that no particular Category or Level will be identified for a particular product or Program. Pursuant to this Software License Agreement, the Licensee can obtain a right to use Programs, with various rights and obligations being set forth herein as specifically applicable to Programs of different Categories. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereinafter expressed, Licensee and Motorola agree as follows: SECTION 1 - DEFINITIONS 1.1 "Licensee" shall mean the licensee set forth at the end of this Agreement. 1.2 "Licensee's Personnel" shall mean any person who is directly employed by the Licensee. 1.3 "Motorola Products" shall mean bona fide Motorola products designed, manufactured, acquired and/or sold by Motorola's Land Mobile Products Sector, as identified in purchase contracts or as otherwise identified. "Motorola Products" shall not include products that were originally "Motorola Products," but that have been modified in such a way that the 1 93-437-438 products no longer comply with Motorola's published specifications for such products as of the time of manufacture of such products by Motorola. 1.4 "Embedded" shall mean object code that is resident in an unalterable media, such as, for example, in a masked microprocessor, ROM, or PROM, or in an alterable media that is not ordinarily altered during ordinary use of a Motorola Product that includes the alterable media, such as, for example, EPROM or EEPROM. 1.5 "Program," "Programs," and "Program(s)" shall all mean Motorola object code that is provided by Motorola for use in conjunction with Motorola Products or for use within Motorola Products, and shall include later provided object code supplements and updates to any item of Motorola object code. 1.6 "Site" refers to a specified geographic location where useage of Programs is allowed. To the extent that Motorola shall, in a particular instance, specifically identify a particular Motorola Product or other platform as a "site" for a particular identified Program or Programs, then that particular Motorola Product or other platform shall, for purposes of this Agreement, be a "Site." SECTION 2 - LICENSE AND CONDITIONS OF USE 2.1 Motorola hereby grants to Licensee a personal, nonexclusive license under Motorola's applicable patents, copyrights, and trade secret rights to use Program(s) under the following terms and provisions (these terms and provisions shall be applicable to all Categories (unless provided otherwise below), and shall also be applicable in each instance where no particular Category has been identified for a particular Program or Motorola Product): 2.1.1 Licensee may only use the Program(s) at a Site, or Sites, expressly stated in purchase contracts pertaining to the Programs, or at a Site, or Sites that are otherwise identified in a writing that is provided to Motorola at the time the Licensee originally requests to use the particular Program or Programs. If a Site is not so specified, the Licensee may use the Program(s) only at the business address where the Program(s) was initially delivered by Motorola, or to such other business address where the Program(s) was initially installed with Motorola's knowledge and written acknowlegement, unless otherwise provided herein. 2.1 .2 Licensee acknowledges Motorola's claim that the Program(s) contain valuable proprietary information and trade secrets, and that unauthorized dissemination, distribution, modification, reverse 2 93-437-438 engineering, disassembly, or unauthorized use of the Program(s) could cause irreparable harm to Motorola, and thus Licensee agrees not to reverse engineer, disassemble, disclose, transfer, provide, or otherwise make available in any form whatsoever the Program(s), the information therein, or any portion thereof, to any person or organization other than Licensee's Personnel without the prior written consent of Motorola. 2.1.3 Licensee shall not modify, adapt, or merge any Program, or alter the operability of any Program, except as specifically authorized in writing by Motorola in advance of any such modification, adaptation, merge, or alteration. 2.1.4 Since unauthorized use of such Program(s) can greatly diminish the value of such trade secrets and cause irreparable harm to Motorola, Licensee agrees that Motorola, in addition to any other remedies it may have, shall be entitled to equitable relief to protect such trade secrets, including without limitation, temporary and permanent injunctive relief without the proving of damages by Motorola. 2.1.5 Licensee will take appropriate action, by instruction, agreement or otherwise, with any persons, inciuding Licensee's Personnel, permitted access to the Program(s), such that Licensee satisfies its confidentiality obligations under this License Agreement. 2.1.6 The Licensee shall include all copyright notices, trademark notices, and other proprietary legends in accordance with Motorola's instructions on all copies of the Program(s). 2.1.7 Title to the Program(s) and any copies thereof, in whole or in part, and all rights in patents, copyrights, trade secrets, and other intellectual properties in such Program(s) are vested in, and shall remain vested in, Motorola. 2.1.8 Licensee acknowledges and agrees that the existence of any copyright notice on any Program shall not be construed as an admission or presumption that publiC disclosure of trade secrets, or publication of sucJ;l.program, has occurred. 2.1.9 Licensee shall comply with the export regulations of the Office of Export Administration for the United States Department of Commerce with respect to the Programs. 3 93-437-438 2.1.10 Unless otherwise provided herein, the rights provided in this License Agreement shall not be assigned or otherwise transferred by the Licensee to a third party, and any such attempt shall be null and void. 2.1.11 Motorola reserves the right to assign this License Agreement, encumber or sell any Program, or subcontract any of its obligations hereunder, either in whole or in part, without notice to or the consent of Licensee. 2.2 CATEGORY ONE SOFTWARE LICENSE: In addition to the rights and conditions set forth in Section 2.1 above, Motorola hereby further grants to Licensee a personal, nonexclusive Category One Software License for any Program(s) provided to Licensee by Motorola that is identified, in a writing, as being a category one (or level one) product. A Category One Software License shall contain the following terms and provisions (in the event of any conflict between the terms set forth in Section 2.1 and those set forth in Section 2.2, the terms set forth in Section 2.2 shall prevail with respect to the specific terms in conflict): 2.2.1 The Licensee may have up to four (4) archival copies of a Category One Program in existence at anyone time, which archival copies shall only be used to backup the original Program(s). 2.3 CATEGORY TWO SOFTWARE LICENSE: In addition to the rights and conditions set forth in Section 2.1 above, Motorola hereby further grants to Licensee a personal, nonexclusive Category Two Software License for any Program(s) provided to Licensee by Motorola that is identified, in a writing, as being a category two (or level two) product. A Category Two Software License shall contain the following terms and provisions (in the event of any conflict between the terms set forth in Section 2.1 and those set forth in Section 2.3, the terms set forth in Section 2.3 shall prevail with respect to the specific terms in conflict): 2.3.1 Licensee may transfer a Category Two Program(s) in its entirety to a Transferee, but only if the Program(s) is transferred as Embedded in a corresponding Motorola Product, and only if the Transferee agrees in writing to use the Program(s) under license terms and provisions that are at least as restrictive as those set forth herein, and Motorola is provided with a copy of such writing. 2.3.2 Licensee may use a Category Two Program(s) in its Embedded form in a corresponding Motorola Product without territorial 4 93-437-438 restriction, unless otherwise agreed to in writing by Motorola and the Licensee. 2.3.3 Notwithstanding any other provIsion in this License Agreement to the contrary, Licensee shall make no copies, archival or otherwise, in whole or in part, of a Category Two Program(s), except insofar as ordinary use of the Program(s) as prescribed by Motorola shall create a copy thereof. 2.4 CATEGORY THREE SOFTWARE LICENSE: In addition to the rights and conditions set forth in Section 2.1 above, Motorola hereby further grants to Licensee a personal, nonexclusive Category Three Software License for any Program(s) provided to Licensee by Motorola that is identified, in a writing, as being a category three (or level three) product. A Category Three Software License shall contain the following terms and provisions (in the event of any conflict between the terms set forth in Section 2.1 and those set forth in Section 2.4, the terms set forth in Section 2.4 shall prevail with respect to the specific terms in conflict): 2.4.1 The rights granted herein pursuant to Sections 2.1 and this Section 2.4 for Category Three products shall be effective: (A) after the Licensee has signed this Software License Agreement and returned this Software License Agreement to Motorola at an address specified by Motorola; and (B) the earlier occurence of either: (i) Motorola acknowledges to Licensee Motorola's acceptance of this Software License Agreement in writing; or (ii) Motorola ships to the Licensee an item of Category Three software as ordered by the Licensee. (C) THE BANKING, NEGOTIATION, OR OTHER USE OF ANY PAYMENT MADE BY THE LICENSEE, IF ANY, SHALL NOT CONSTITUTE AN ACCEPTANCE OF THIS SOIWWARE LICENSE AGREEMENT BY MOTOROLA 2.4.2 If the Licensee wishes to use a particular version of a Category Three Program at more than one location, then the Licensee shall obtain from Motorola at least one copy of the Program for each such location. Provided such sufficient number of copies are so obtained, the Licensee may make additional copies of such a Category Three Program(s) 5 , 93-437-438 to service a Site, or Sites, which Sites shall be expressly identified in purchase contracts pertaining to the Programs or otherwise identified in a written agreement at the time of sale that is signed by at least Motorola. If a Site is not so specified, the Licensee then shall only make copies of the corresponding Category Three Program(s) in sufficient quantities to service the business address where the Program(s) was initially installed with Motorola's knowledge. Within ten (10) business days of Motorola's written request, the Licensee shall provide to Motorola a written identification of all locations where the Licensee has the Program(s), or a copy of the Program(s). 2.4.3 The Licensee shall not use any Category Three Programs, or files that are accessed, created, or maintained by a Category Three Program, to modify a Motorola Product, or cause a Motorola Product to be modified, in any manner that: (A) constitutes an illegal, unfair, or deceptive trade practice under any applicable federal, state, or local law, rule, or regulation; or (B) constitues an infringement of any of Motorola's intellectual property rights, including Motorola's patent rights, trademark rights, copyrights, and/or trade secret rights. 2.4.4 All right to use a Category Three Program under this Agreement may be terminated by either party without cause and for convenience upon the giving of ten (10) days written notice by the terminating party to the other party. Licensee's notice of termination shall include a return to Motorola of all originals and copies of any Program(s), including associated documentation, for which the Licensee seeks to terminate the license. Upon termination by Motorola, the Licensee shall return to Motorola all originals and copies of the corresponding Program(s) and associated documentation. 2.4.5 In the event of any failure by the Licensee to observe the terms and conditions set forth in either Sections 2.1 above or this Section 2.4 with respect to any Category Three Program, then in addition to any other rights and remedies that are available to Motorola under law or equity, Motorola may: (A) withhold performance hereunder; or (B) terminate the entire license under this Section 2.4; or 6 93-437-438 (C) demand and be entitled to the immediate return of all copies of any and all items of Category Three Programs; or (D) repossess, by any appropriate means, with or without notice to the Licensee, all items of Category Three Programs. Such remedies shall be cumulative and without any obligation upon Motorola to exercise any particular remedy. 2.5 CATEGORY FOUR SOFlWARE LICENSE: In addition to the rights and conditions set forth in Section 2.1 above, Motorola hereby further grants to Licensee a personal, nonexclusive Category Four Software License for any Program(s) provided to Licensee by Motorola that is identified, in a writing, as being a category four (or level four) product. A Category Four Software License shall contain the following terms and provisions (in the event of any contlict between the terms set forth in Section 2.1 and those set forth in Section 2.5, the terms set forth in Section 2.5 shall prevail with respect to the specific terms in contlict): 2.5.1 Licensee shall not enable, disable, or otherwise add or delete feature functionality with respect to a Motorola Product by accessing, altering, or reconfiguring the operability of a corresponding Category Four Program(s) except by a prior written agreement with Motorola and with Motorola's prior knowledge of the specific feature functionality to be enabled, disabled, or otherwise added or deleted. 2.5.2 Notwithstanding any other provision in this License Agreement to the contrary, Licensee shall make no copies, archival or otherwise, in whole or in part, of any Category Four Program(s), except insofar as ordinary use of the Program(s) as prescribed by Motorola shall create a copy thereof. 2.5.3 Licensee may transfer a Category Four Program(s) in its entirety to a Transferee, but only if the Program(s) is transferred as Embedded in a corresponding Motorola Product, and only if the- Transferee agrees in writing to use the Program(s) under license terms and provisions that are at least as restrictive as those set forth herein, and Motorola is provided with a copy of such writing. 2.5.4 Licensee may use a Category Four Program(s) in its Embedded form in a corresponding Motorola Product without territorial restriction, unless otherwise agreed to in writing by Motorola and the Licensee. 7 93-437-438 SECTION 3 - MAINTENANCE DISCLAIMER 3.1 Motorola shall not be responsible for support or field service of any Program under this License Agreement. Any maintenance by Motorola, if available, shall be by separate agreement on Motorola's then current terms and conditions and at Motorola's then current prevailing rates for such maintenance. SECTION 4 - TERM OF UCENSE AGREEMENT 4.1 This Agreement shall be effective from the date of Motorola's approval as set forth below (or, in the case of Category Three Programs, as set forth in Section 2.4.1 above). The Licensee shall be able to acquire rights, subject to this Agreement, to use a Program(s) subsequently acquired from Motorola, provided that such Program(s) is acquired from Motorola at a time during the three (3) year term following the effective date of this Agreement. 4.2 The Licensee shall be perpetually entitled to use the Programs so acquired pursuant to the terms of this License Agreement for so long as the Licensee shall continue to use the corresponding Motorola Products. Licensee's obligations under Section 2 shall continue past termination except insofar as the exceptions of Section 5 are applicable. 4.3 The right to use Programs under this License Agreement may be earlier terminated for the reasons set forth in Section 6 hereinbelow. SECTION 5 - EXCEPTIONS 5.1 The Licensee's obligations with respect to confidentiality under this Agreement shall not apply to those parts of a Program(s) that: 5.1.1 Is or becomes publicly known through no wrongful act on the part of Licensee; 5.1.2 Is already known to Licensee at the time of disclosure; 5.1.3 Is rightfully received by Licensee from a third party without breach of this License Agreement; or 5.1.4 Is explicitly approved for publiC release by written authorization of Motorola. 8 93-437-438 5.2 That an exception under Section 5.1 may be applicable shall not diminish in any way any other obligations the Licensee may have, such as those obligations that are based upon patent and copyright interests of Motorola. SECTION 6 - TERMINATION FOR CAUSE 6.1 A party to this Agreement may give written notice of termination to a breaching party if the breaching party commits a material breach of any of its obligations: (1) as set forth herein; (2) as set forth in a purchase contract for a Program(s); or (3) as set forth in any other agreement between the parties regarding such Program(s). The written notice of termination shall specify the material breach and must specify whether the entire License Agreement is being terminated or whether the License Agreement is being terminated with respect to a particular Program, or particular Programs. Upon receipt of the written notice of termination, the breaching party shall have ten (10) business days to cure the material breach. In the event that the material beach is not cured during the ten (10) working days, the License Agreement is terminated as specified in the written notice of termination. 6.2 Upon termination of this License Agreement in its entirety or termination of this License Agreement for any particular Program(s) by Motorola for cause, Licensee shall promptly forward to Motorola, or to Motorola's designee, all copies of Programs for which this License Agreement is terminated. In the event a Program is Embedded in a Motorola Product, the Licensee shall either return the Motorola Product (or that portion of the Motorola Product that contains the Program), or verify destruction of the Embedded Program. SECTION 7 - WARRANTY 7.1 For the first one (1) year following its initial shipment, Motorola warrants that, when properly used, its Programs will be free from reproducible defects that cause a material variance from its published specification. However, Motorola does not warrant that Program operation will be uninterrupted or error-free, that each and every defect will be corrected, or that any Program will meet Licensee's particular requirements. 7.2 MOTOROLA'S TOTAL LIABILITY AND LICENSEE'S SOLE REMEDY FOR ANY WARRANTED PROGRAM SHALL BE LIMITED TO, AT MOTOROLA'S OPTION, PROGRAM REPLACEMENT OR THE PAYMENT OF LICENSEES ACTUAL DAMAGES, NOT TO EXCEED THE SUMS PAID TO MOTOROLA FOR THE MOTOROLA PRODUCT 9 93-437-438 INCORPORATING THE DEFECTIVE PROGRAM. lHlS WARRANTY EXTENDS ONLY TO THE FIRST LICENSEE; SUBSEQUENT TRANSFEREES ACCEPT THESE PROGRAMS "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. THIS WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SECTION 8 - LIMITATION OF LIABILITY 8.1 The entire Motorola liability to Licensee for damages concerning performance or nonperformance by Motorola under the License Agreement or in any way related to the subject matter of the License Agreement, regardless of whether the claim for such damages is based in contract, tort or otherwise, and Licensee's sole and exclusive remedy shall be limited to the payment by Motorola of actual damages not to exceed the total License fee paid by Licensee for the Program, or Programs that caused the damages or is the subject matter of or is directly related to such claim. 8.2 IN NO EVENT SHALL MOTOROLA BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, TIME OR DATA, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS) TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW EVEN IF MOTOROLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM AGAINST LICENSEE BY ANY OTHER PARTY. SECTION 9 - PATENTS, COPYRIGHTS, & TRADE SECRETS If promptly notified in writing, Motorola will defend any suit against Licensee that claims that U.S. patents, copyrights, or trade secrets of another have been infringed solely by Motoria's unaltered Programs and will pay any associated costs or damages finally awarded. Upon Motorola's request, Licensee agrees to reasonably assist in any defense and surrender control of the suit to Motorola. Motorola may elect, at any time, to modify or replace these Programs with equivalent non-infringing items, obtain the right to continue using the Programs or, if these remedies are not reasonably available, to terminate this License Agreement with respect to such Programs. Motorola shall have no liability for infringement that arises from any modification of Motorola's Programs by Licensee or from Licensee's combination of Motorola's Programs with another's. 10 93-437-438 SECTION 10- U.S. GOVERNMENT LICENSE PROVISIONS 10.1 In the event that the Licensee is the U.S. Government or a U.S. Government agency, then the provisions of this Section 10 shall also apply. 10.2 All Programs were developed at private expense. Programs and associated documentation mayor may not include a Restricted Rights notice, or other notice referring specifically to the terms and conditions of this Agreement. 10.3 Use, duplication, or disclosure of Programs and associated documentation under Motorola's copyrights and/or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights clause at FAR 52.227-19. This FAR clause shall apply unless the Licensee is the Department of Defense, in which case subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 shall apply. 10.4 Provided that Motorola brings the terms and conditions of this License Agreement, in writing, to the attention of the purchasing agent of the procuring agency, the terms and conditions other than those set forth in Section 10 of this License Agreement shall each continue to apply, but only to the extent that such terms and conditions are not inconsistent with the aforementioned provisions of the FAR or DFARS, as applicable to the particular procuring agency and procurement transaction. SECTION 11 - GENERAL PROVISIONS 11 .1 This License Agreement constitutes the complete and exclusive statement of the agreement between Motorola and Licensee, and supersedes all oral or written proposals, prior agreements and other prior communications between the parties, concerning the subject matter of the License Agreement. 11.2 All formal notices, consents and other communications required or permitted under this License Agreement shall be in writing and shall be sent in such a way as to assure receipt by the other party. Either party may change its address for formal notices by written notice to the other party. 11 .3 This License Agreement shall be governed by and construed in accordance with the laws of the United States of America to the extent to which they apply, and, where they do not apply, in accordance with the laws of the State of Illinois. 11 93-437-438 11.4 No representation or promise relating to, and no amendment of, this License Agreement shall be binding unless it is in writing and signed by both parties. 11.5 The terms and conditions of this License Agreement shall prevail notwithstanding any variance with the terms and conditions of any order submitted by Licensee. Notwithstanding the foregoing, when this License Agreement is specifically incorporated by direct reference as an exhibit into another written agreement that has been signed by both parties hereto and that includes terms that are directly inconsistent with terms included in Section 7 of this Agreement regarding the commencement or duration of warranty, or with terms included in Section 8.1 of this Agreement, then the directly inconsistent terms in the other written agreement shall prevail. 11.6 Motorola shall not be liable for any failure to perform due to causes beyond its reasonable control. 11 .7 No waiver by a party of any breach of any provision of this License Agreement shall constitute a waiver of any other breach of that or any other provision of this License Agreement. 11.8 Licensee recognizes that applicable Federal Communications Act and other statutes, laws, ordinances, rules, and regulations may change from time to time and that accordingly Motorola in its sole discretion has the right without liability to modify this License Agreement to comply with such change. 11.9 In the event that any of the provisions contained in this License Agreement are held to be unenforceable, this License Agreement shall be construed without such provisions. 12 93-437-438 11 .1 0 No action, regardless of form, arising out of the License Agreement may be brought by Licensee more than one (1) year after the cause of action has arisen. ACCEPTED AND APPROVED AS OF DEe 13 1993 , 1993. MOTOROLA: UCENSEE: MOTOROLA, INC. City of San Bernardino, CA BY' 8y'~liiJ/1A'~ (Autho zed Signature) Please type the following: Please type the following: NAME: \<::-,"", '\'\". \,,'(-;\~ NAME: T. W. Jaron Corporate TITLE: Vice President and General Manager DATE: December 13,1993 TITLE: ''\'\\14.'\.\(,,,- DATE: \ 'cl-<;?, ~:::, Address for Formal Notices: Address for Formal Notices: Motorola, Inc. 1303 East Algonquin Road Schaumburg, Illinois 60196 AUn: Intellectual Property Dept. Attn: 13