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HomeMy WebLinkAboutAgenda - 04-01-2025; 8-k - VIPER Migration Implementation Assistance Extension 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 1, 2025 Action Agenda Item No. 8-k SUBJECT: VIPER Migration Implementation Assistance Extension DEPARTMENT: Emergency Services ATTACHMENT(S): INFORMATION CONTACT: Service Contract with Federal Kirby Saunders, Emergency Services Engineering, Inc. Director, 919.245.6123 Federal Engineering Implementation Martha Bordogna, Staff Attorney, Support Proposal 919.245.2387 PURPOSE: To: 1) Approve the County entering into a general Services Agreement with Federal Engineering, Inc., for the VIPER Implementation Support; and 2) Authorize the County Manager to execute the Agreement, subject to final review by the County Attorney, and any subsequent amendments for contingent and unforeseen requirements up to the approved budget amount on behalf of the Board of County Commissioners. BACKGROUND: Since 2001, Orange County has been working with the public safety community and planning to implement VIPER (Voice Interoperability Plan for Emergency Responders) as a statewide mission-critical radio system for first responders. In 2012, the County entered into a service agreement with Federal Engineering to perform a needs assessment for the statewide VIPER system in Orange County. In 2014, the findings from a study by Federal Engineering relating to the current radio coverage and proposed enhancements to the radio infrastructure were provided to the Board of County Commissioners. At that time, the existing Orange County public safety radio communication systems had been used for many years. The components were nearing their end of life, and replacements were no longer available. The County engaged Federal Engineering, Inc. (FE) in a multiphase approach to conduct a system evaluation, planning, and alternatives development study to improve radio and paging communication. At the May 2, 2017, Board Business meeting, Federal Engineering presented a radio system alternative analysis to the Board of County Commissioners. At the direction of the Board, Federal Engineering and County staff met with State representatives (State Highway Patrol) to discuss feasibility and acceptance. Federal Engineering returned an addendum to the May 2, 2017 report, and at the County's request, collected additional data, created a conceptual design and performed a 10-year total cost of ownership (TCO) analysis. The Detailed Expansion Alternative Analysis report was provided to Orange County on November 2, 2018. 2 Based on the findings in the November 2, 2018 report and acceptance of the proposed concept by the North Carolina State Highway Patrol, Emergency Services staff engaged further with the State and the engineer of record for the state-maintained system (Motorola Solutions, Inc.) to develop a Rough Order Magnitude cost estimate. In December 2022, Motorola estimated the total cost to build four (4) new tower sites to be approximately $29,084,763, with the intention to be cost-shared with the municipalities. To prepare for project implementation, the Board of Commissioners approved $200,000 in FY 2024-25 to contract with a technical engineering firm to provide project management support. The attached general Services Agreement with Federal Engineering includes support to Orange County with: • Contract Negotiation Services • Emergency Communications Center Design • Radio Tower Planning • Design and Implementation • Backup VHF Radio and Paging System Design and Implementation • Implementation Project Management Support • Preliminary and Final Design Reviews • Factory Testing • Equipment Delivery and Installation Verification • Coverage and system testing • System Acceptance and Cutover These services will be billed according to the proprietary Long-Term Consulting rates outlined in Federal Engineering's Statement of Work dated September 16, 2024. Federal Engineering will be providing general services and will not perform work that requires a license. FINANCIAL IMPACT: The BOCC previously approved the funding for this general Services Agreement fee for the tasks, which is $200,000. ALIGNMENT WITH STRATEGIC PLAN: This item supports: • GOAL 2: HEALTHY COMMUNITY OBJECTIVE 5. Invent in, support, train, and retain our community safety, health, and emergency service employees and direct care workforce. OBJECTIVE 6. Provide sustainable, equitable, and high-quality community safety and emergency services to meet the community's evolving needs. RECOMMENDATION(S): The Manager recommends that the Board: 1) Approve the County entering into a general Services Agreement with Federal Engineering, Inc., for the VIPER Implementation Support; and 2) Authorize the County Manager to execute the Agreement, subject to final review by the County Attorney, and any subsequent amendments for contingent and unforeseen requirements up to the approved budget amount on behalf of the Board of County Commissioners. 3 [Departmental Use Only] TITLE—Viper Implementation FY—2024-2025 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 2nd day of April 2025 ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina (hereinafter, the "County") and Federal Engineering, Inc., (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. 1) This Agreement is for services to be rendered by Provider to County with respect to: Public Safety Radio Communications System(VIPER)Implementation Support as shown in the Provider's Statement of Work(SOW) issued September 16, 2024, which is incorporated in its entirety into this Agreement. ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. m) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. Revised 01/24 1 4 i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and submission of all work related to the Basic Services. n) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. in) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. iv) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. v) Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits, or addenda. vi) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost,the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. The County and Provider shall develop a mutually agreeable contract amendment to provide the required contract negotiations support to produce a cost within the approved total project cost. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. The County shall compensate the Provider for all redesign or alternate work required to reduce the project costs on a time and materials or fixed price basis based on a mutually agreeable contract amendment in according to the conditions of the SOW. If this second letting for bids does not produce bids that are within the approved Revised 01/24 2 5 total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Federal Engineering (FE) shall provide support services that include, Contract Negotiations Support by assisting the County with Pre- Contract design reviews and experienced contract negotiations support during vendor negotiations. The FE project team will assist with developing the design specifications, assist with determining the optimal configuration for the enhancement and sustainability methods over its expected lifecycle. FE shall provide Implementation Project Management Support, including Preliminary Design Review and Final Design Review, Factory testing, Equipment Delivery, Installation Verification, Coverage and System testing. 4. Duration of Services a. Term. The term of this Agreement shall be from April 2, 2025, to December 31, 2027. b. Scheduling of Services. 1) The Provider shall schedule and perform its activities in a timely manner. n) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime,as necessary,to perform its services in accordance with the approved project schedule at no additional cost to the County. in) The Commencement Date for the Provider's Basic Services shall be April 2, 2025. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed Two Hundred Thousand Dollars ($ 200,000) for the County's 2025 fiscal year. Payment for satisfactorily performed Basic Services shall become due and payable within thirty(30)days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement,County may,without fault or penalty,withhold any payment associated with the work to be performed until such time as said work is completed. Revised 01/24 3 6 c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Kirby Saunders ) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A(if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without Revised 01/24 4 7 cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other parry that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating parry has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to,job cost records, to support its claims for final compensation. n) Should this Agreement be terminated, the Provider shall deliver to the County within seven(7)days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. There are no third-parry beneficiaries of this Agreement and nothing in this Agreement, express or implied, is intended to confer on any person other than the parties hereto (and their respective successors, heirs and permitted assigns), any rights, remedies, or obligations. Revised 01/24 5 8 b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws,policies,rules, and regulations and the OrangeCounty Non-Discrimination Policy and Orange County Living Wage Policy(each Orange County policy is incorporated herein by reference and may be viewed at hllp://www.oran e,�ync. og v/departments/purchasing division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution.Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations,representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents,items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the Revised 01/24 6 9 authority of its statutory mandate. In the event that public funds are unavailable or not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds.It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County's statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider's Name: Attention: K. Saunders Federal Engineering, Inc. P.O. Box 8181 10560 Arrowhead Drive, #100 Hillsborough,NC 27278 Fairfax, VA 22030 [SIGNATURE PAGE TO FOLLOW] Revised 01/24 10 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: By: Travis Myren, County Manager John E. Murray Executive Vice President Chief Executive Officer Revised 01/24 8 11 ORANGE COUNTY—INTERNAL USE ONLY Finance Information Vendor Name:Federal Engineering,Inc Vendor Contact Person: Travis C.LePage(tlepage(a,fedeng com) Phone: 703.359.8200 Address: 10560 Arrowhead Drive# 100 City Fairfax State:VA Zip:22030 Department:_ Emergency Services Amount:Not To Exceed$200,000.00 Purpose:Mper Immmentation Service Agreement Budget Code(s): 61750035-870000-17005 Vendor# 61705 Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes x No Contract Details Contract Type: ❑New ❑Amendment(Original Contract: )(Most Recent Amendment ) Effective Date 04/02/2025 End Date December 29,2027 Notice Date (Notice Purpose--) Award ❑Approved by Board(Agenda Dater; ❑Made or Administered by ES Signature Authority - ❑BOCC Express Delegation(Agenda Date:April 2,2025 1 - Policy 9.4: ❑Under$5,000; ❑ Service Under$90,000; ❑Construction Under$250,000 - ❑Budget Policy Section XV(Capital Improvement Project: 17005 ) Biddin ❑Informal Bidding($30k-$90k); ❑Formal RFP($90k+); ❑Other(<$30k); ❑Exception(#-----) Department Affirmation ❑ This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. ❑This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed.Description of the nature of the emergency condition that was addressed: Department Director's Signature Date: Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: ❑Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: Office of the Risk Management Officer Date: Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer Date: Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney Date: Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion:occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board Date: Revised 01/24 9 12 ' - Federal Engineering, Inc. 10560 Arrowhead Drive Fairfax, VA 22030 703-359-8200 STATEMENT OF WORK (SOW) ATTACHMENT TO: Issued: September 16, 2024 Basic Services Agreement Radio Consultant Services Dated: September 16, 2024 PROJECT: ORNC-VIPER-IMPL-TM ORANGE COUNTY, NORTH CAROLINA VOICE INTEROPERABILITY PLAN FOR EMERGENCY RESPONDERS (VIPER) IMPLEMENTATION SUPPORT 1.0 INTRODUCTION AND ISSUES 1.1 Project Overview Building upon prior work done by Federal Engineering (FE) dating back to 2016, Orange County, North Carolina (County) requests FE's assistance to provide planning, implementation, and acceptance support for their migration to the State's Voice Interoperability Plan for Emergency Responders (VIPER) public safety radio system. This Statement of Work (SOW) describes the work to be completed by FE in support of the County's migration to VIPER. 2.0 TASKS TO BE PERFORMED FE will accomplish the following implementation support activities. 2.1 Contract Negotiations Support FE will assist the County with pre-contract design reviews and experienced contract negotiations support during vendor negotiations. The FE project team has considerable experience negotiating public safety systems, equipment, and services contracts, with a proven track record of saving millions of dollars for our clients. Because of our dealings with radio system proposers on a regular basis, our team has insights into proposer negotiation methods and practices and can assist the County with resolving disputes. Proprietary Notice This document is proprietary to Federal Engineering, Inc.and shall not be disclosed to third parties without prior written permission from Federal Engineering, Inc. Copyright©by Federal Engineering, Inc.All rights reserved. No part of this publication may be reproduced, stored in a retrieval system,or transmitted, in any form,or by any means, electronic, mechanical, photocopying, recording,or otherwise,without the prior written permission of Federal Engineering, Inc. 13 2.2 Emergency Communications Center (ECC) Design FE will assist the County with developing the design specifications for their new Emergency Communications Center Headquarters Building. Our consultants have decades of experience assisting our clients with the design and implementation of ECCs, Emergency Operations Centers (EOCs), and Security Operations Centers (SOCs). 2.3 Radio Communications Tower Planning, Design, Implementation FE understands that the County will be implementing four radio communications towers at four fire stations to provide adequate VIPER coverage within the service area. FE will assist the County with developing the design specifications for the civil works, tower, equipment shelter, generator, and compounds. If necessary, FEwill incorporate the design requirements into technical specifications and request for proposals (RFP) packages for a competitive procurement. We will then assist the County with evaluating proposal responses and negotiating the final contract. 2.4 Backup VHF Radio and Paging System Design and Implementation The County intends to maintain and enhance their existing VHF radio system for use as a backup for voice and paging services. FE will assist the County with determining the optimal configuration for the enhancement and sustainability methods over its expected Iifecycle. 2.5 Implementation Project Management Support Implementation support services take a project from the initiation, planning, and design review phases through installation, testing, and final cutover. FE will review project planning before major commitments are made and will provide County management with the visibility necessary to minimize surprises and create a proactive project management environment. We will determine if the radio vendor is compliant with the contract regarding system requirements, schedule, and cost milestones. Our implementation support tasks will align with the vendor schedules to provide oversight and management of their specific activities. Upon vendor contract award, FE will provide an implementation oversight schedule that aligns with the vendor's implementation schedule. The following activities are typical of this type of project. FEwill coordinate with the County to determine which of these tasks will be necessary based on the radio system vendor's implementation tasks and schedule, and the County's requirements: Page 2 of 9 14 1. Coordinate and participate in the Implementation Kickoff Meeting to discuss project goals, objectives, tasks, schedule, and deliverables with the County and the vendors. 2. Participate in project status teleconferences as required. 3. Participate in project status meetings. 4. Participate in other project meetings as required. 5. Assist in the development of project execution processes as they relate to milestone processing, effective communications across teams, roles and responsibilities, and documentation formats. 6. Review frequency plans and license applications as required. 7. Review system fleet mapping. 8. Maintain an independent punch list of items during implementation activities including the issue, responsible party, the target date for completion, actual date of completion, and resolution. 9. Assist the County in resolving vendor implementation issues, oversee the vendor's punch list development and resolution process, identify any vendor performance issues, and make appropriate recommendations to the County. 10. Coordinate with County project management personnel. 2.6 Preliminary Design Review (PDR) and Final Design Review (FDR) FE will participate in the radio system vendor's contract/preliminary design review and a final design review. (These design reviews will be as defined in the vendor's contract.) 1. FE will review vendor PDR documents and attend the PDR design presentation by the vendor. The review typically includes items identified in the vendor's project plan such as the following: • Project schedule • Individual site designs • Frequency plan • Detailed system design • Updated equipment list (by site) • Updated system drawings • Factory acceptance test plans and procedures (FATP) Page 3 of 9 15 • Site testing plans and procedures • Radio coverage methodologies and coverage acceptance test plan (CATP) • Cutover plans • System acceptance test plans • Training plans • List of manuals and documentation • Final PDR package • Decommissioning process for old equipment 2. FE will work with the County and the vendor to identify areas of deficiency, document these areas in a punch list, and provide recommendations to correct the deficiencies. FE will be available to assist the County with formal change management processes, if any, resulting from the PDR. 3. FE will review FDR documents and, if applicable, attend the FDR presentation to monitor the successful resolution of PDR punch list items. 4. FE will make a recommendation to the County regarding the vendor's readiness to move on to the next phase. 2.7 Factory Testing, Equipment Delivery, and Installation Verification 1. FE will attend factory staging of the system at the vendor's facility acting as the County's technical advisor. 2. FE will conduct an independent inventory of equipment upon delivery to each site and compare the inventory with the County's purchase order/contract for accuracy. 3. FE will oversee the radio system and other infrastructure vendors' project implementation tasks to assess timely completion and adherence to schedule. 4. FE will inspect each site to assess whether the equipment installations are in accordance with the specifications, meet good workmanship practices, and are within equipment standards. For the following inspection-related activities as identified in the vendor's schedule, FE will typically perform the following: a. Review shelter preparation activities to assess whether they have been performed correctly and in time for installations. b. Assess whether required facility improvements have been made including internal and external grounding. c. Inspect site installations and grounding. Page 4 of 9 16 d. Inspect the site equipment installation including antenna, transmission line, radio system infrastructure equipment, and microwave equipment. e. Witness the vendor's final site tests. f. Review each site's punch list and determine if it includes deficiencies noted during the site preparation and test verification. Determine if corrective actions have been taken before any punch list items are removed. 2.8 Coverage and System Testing FE will participate in the following testing activities as identified in the vendor's schedule. 1 . FE will witness coverage tests. FE will accompany the system vendor for the coverage testing to assess the methodology and data collection compliance. FE and the County will mutually define the coverage testing area for which FE will accompany the vendor. 2. FE will review coverage test results. 3. FE will attend final system testing and observe test results. 4. FE will provide a memorandum to the County that identifies coverage and system testing results and any recommendations for the vendor to correct deficiencies in the test documentation. FE will review the independent punch list and vendor punch list and assess retesting results to confirm that the deficiencies have been corrected. 2.9 System Acceptance and Cutover 1 . Prior to the system acceptance process, FE will review the final vendor cutover plan and identify deficiencies or areas for improvement to the County. FE will assist the County in negotiating final changes to the cutover plan with the vendor. 2. Final system acceptance will begin after the system tests have been successfully completed by the vendor and the fully functional system has been delivered. FE will witness acceptance testing activities, assess the test results, and make any necessary recommendations for the vendor to correct deficiencies noted during the testing. 3. Upon completion of system acceptance testing and correction of deficiencies, including punch list and documentation items, FE will make a recommendation to the County regarding the acceptance of the system and cutover. 4. FE will witness the cutover to determine if cutover procedures are executed properly and success criteria met. Page 5 of 9 17 2.10 Subscriber Template Development Assistance with review of one master subscriber radio programming template, to include: 1. Review the fleet map developed by the selected vendor with input from County. 2. Review the previous County master template or other applicable templates. 2.11 On-Call Technical Support As requested by the County, FE can also provide additional assistance with public safety communications planning or implementation support on either a firm fixed price or time and material basis in accordance with the rates shown in the attached Schedule A. 3.0 SCHEDULE This support agreement will begin upon execution of this SOW and remain active throughout the contract period of performance. 4.0 STAFFING/ORGANIZATION Mr. Travis LePage, Director of Operations, will oversee the project team with technical support from other FE staff as necessary. 5.0 COST AND INVOICING Assignments will be performed on a time and materials basis in accordance with the rates in Schedule A. Schedule A rates are reviewed and may be updated annually. This SOW initially authorizes a maximum of $200,000 which includes projected labor, travel, and other direct costs for the County's 2024 —2025 fiscal year. The County and FE will review and allocate additional funding to coincide with each of the County's fiscal years until the VIPER migration is completed. Invoices will be submitted monthly. The invoices will detail each task assignment, the personnel assigned, the number of hours charged, and details regarding travel and other direct costs. A minimum of one hour of project management time per week will apply for the duration of the agreement for project administration and to maintain project continuity. Invoices will be submitted as directed by the purchase order for processing. Upon receiving a request to perform on-call tasking outlined in Section 2, FE will respond to the County's Project Manager or their designee via email with an estimated cost to perform the assignment if the duration to complete the task is more than eight hours. Upon receipt and written acceptance of the estimated cost and a Notice to Proceed from the County, FE will commence the assignment. During the assignment, if situations arise that cause a change in the estimated cost, FE will notify the County's Project Manager or their designee of the revised estimate and the reason for the change. Page 6 of 9 18 6.0 BASIS FOR OUR SCOPE OF WORK 1. FE professionals will be directed by the County's Project Manager or their designee according to the assignments to be performed. The scheduling of FE resources will be mutually agreed upon based on the needs of the County and the availability of the specific FE consultants. 2. This proposal assumes that FE will perform tasks called out in Section 2 (excluding any optional tasks or services). The deletion of a task or significant change in the scope of one or more tasks may affect the overall price. Optional tasks can be priced at the County's request and added to this SOW via a mutually agreeable contract modification. 3. FE will provide draft and final deliverables electronically to the County. 4. This SOW assumes that County's Project Manager will schedule meetings, provide meeting facilities, notify attendees, and arrange for onsite visits. 5. Any optional or additional tasking will be authorized by mutual agreement of the County and FE. Such tasking will be performed on a time and materials basis in accordance with the rates in Schedule A or on a fixed price basis as mutually agreed to in an additional task order by the County and FE. 6. FE will notify the County should additional funding be required to complete the approved tasks. The authorized funding will be increased by a written modification to this task duly executed by both the County and FE. 7. This SOW is based upon a start date on or before October 1, 2024, and assumes a 60-month schedule to complete the County's migration to VIPER. The schedule for procurement and implementation oversight will be adjusted after the determination of the County's procurement schedule and the vendor's final approved implementation schedule. Delays to the project schedule due to actions or lack of actions on the part of the County, County participants, third parties, and others including, but not limited to vendor protests, protracted contract negotiations, vendor delays that impact the program schedule and/or costs to the County will be brought to the attention of the County's Project Manager in a timely manner and will be reduced to writing via a mutually agreed upon contract amendment. 8. This SOW assumes an annual allocation of funding to support the County's VIPER implementation. 9. FE's ability to fulfill this task depends, in part, on the willingness and ability of the County, County participants, equipment vendors, service providers, third parties, and others to provide information in a timely manner, and upon the accuracy of the information as supplied. The accuracy of input data, whether provided in Page 7 of 9 19 electronic or hard copy form, and the recommendations, actions, system designs, and license filings resulting therefrom cannot, therefore, be warranted by FE nor can the performance, suitability, or reliability of said systems be warranted by FE. FE accepts no responsibility or liability to any third party in respect to any information or related content delivered by FE. This information is subjective in certain respects, and, thus, susceptible to multiple interpretations and may need periodic revisions based on actual experience and subsequent developments. Submitted by FE: Authorization to begin work by Orange County, North Carolina: )0�' C Si at re Signature Jo n E. Murray Executive Vice President Chief Operating Officer Printed name and title Printed name and title September 16, 2024 Date Date Page 8 of 9 20 SCHEDULE A LONG-TERM CONSULTING RATES Effective January 1, 2024 through June 30, 2025 Principal per hour Vice President $- per hour DirectorfChief Consultant $- per hour Senior Consultant $- per hour Consultant $- per hour Senior Analyst per hour Analyst $- per hour Administrative Services $ _ per hour TERMS AND CONDITIONS 1. Long-term rates do not include state or local taxes. 2. Travel and meals on a per diem basis will be invoiced at actual cost plus 20 percent to account for general and administrative costs. 3. Hours expended for travel in support of any time and materials task orders are billable hours_ 4. Invoices will be rendered monthly. All invoices are due and payable 30 days from issuance. Late balances are subject to a finance charge of 1.5 percent per month(or fraction thereof)- This document is proprietary to Federal Engineering, Inc. and shall not be disclosed to third parties without prior written permission from Federal Engineering,Inc. 01-01-24 Page 9 of 9