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HomeMy WebLinkAboutContract 40264-A3 (2)City Secretary Contract No. �b ZAP j r) AMENDMENT N0.3 TO CITY SECRETARY CONTRACT N0.40264 PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Fort Worth ("City") and Buford Goff &Associates, Inc., ("Consultant") a South Carolina Corporation, collectively referred to as the "parties," made and entered into City of Fort Worth City Secretary Contract ("CSC") No. 40264 on May 25, 2010, ("Agreement"); and WHEREAS, the Agreement involves contract negotiations and development of a Feasibility Study .for the Radio System for the City of Fort Worth to include a Master Plan for Fort Worth and development of a Regional Master Plan; and WHEREAS, the parties have previously amended CSC No. 40264 via CSC No. 40264- Al to expand the scope of services to include development of a feasibility study for Tarrant County 94-1 District's participation in a Regional Radio System; and 40264-A2 to expand the scope of services to include engineering and consulting services, including the provisioning of Quality Assurance and Quality Control Services in support of the P25 Radio System Upgrade Project, extend the term, and increase the compensation for the deliverables; and WHEREAS, the parties now wish to amend the Agreement to expand the scope of services to include professional consulting services to (i) review and comment on the City's draft Request for Proposals (RFP) for the tower replacement and site development specifications for the City's radio tower located at 1519 11th Avenue, Fort Worth, Texas; (ii) evaluate vendor responses to the RFP and make recommendations on the vendor selection process; and (iii) increase the compensation for the deliverables set forth in this Amendment. NOW THEREFORE, City and Consultant, acting herein by and through their duly authorized representatives, enter into the following agreement: R�C�IVFD nPR 1 � Zt�i� 1. Section 1, Scope of Services, of the Agreement shall be modified to expand the scope of services for the Consultant to include (i) review and comment on the City's draft Request for Proposals (RFP) for the tower replacement, legacy tower dismantling, equipment shelter, emergency power system and site development specifications for the City's radio tower at 1519 llth Avenue, Fort Worth, Texas; and (ii) evaluate vendor responses to the RFP and make recommendations on the vendor selection process. Such services being more specifically set forth and described in Exhibit "A," Statement of Work, which is attached hereto and incorporated herein for all purposes. 2. Section 3, Compensation, is hereby amended to increase the contract amount by an amount up to $25,140.00, increasing the total contract amount to an amount not to exceed $3,All ,750.00, inclusive of all services and expenses. 3. All other provisions of the Agreement that are not expressly amended herein shall remain in full force and effect. [Signature Page Follows] Executed on this allay of G2; , 2013. CITY OF FORT WORTH: By: Susan Alanis sistant City Manager Date: ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Senior Assistant City Attorney Contract Authorization: M&C: G-17303 Date Approved: 6/14/2011 BUFORD GUFF &ASSOCIATES, INC. Y Michael E. Corbett Vice President &Director, Buford Goff & Associates, Inc. it l0 Title: Office Manager 3 f M&C Review Page 1. of 3 Offtdal sloe of the City of Fort Worth, Texas F.� �i�o>ZYN • • �.� _� r �: t �� . / 0 1 • � •! � • o • • -• • •� • • • • • • • • • • • • • • • � 1 • • • • • • • • •- • • • w • • • :• •11 111 11 RECOMMENDATION: It is recommended that the City Council i. Approve aone-lime exception to the Financial Management Policy Statements to allow the use of dent structures involving balloon payments for the sole purpose of financing the upgrade to the City's Public Safety and Public Works radio communications system via Tax Notes; 2. Adopt the attached ordinance authorizing the issuance. of lax Notes in the principal amount of $43,050,000AO, approving the safe of the notes to JP Morgan Chase; providing far the levy, assessment and collection of a tax sufficient to pay the interest on said notes and to create a sinking fund for the payment of the principal thereof and ordaining other matters related thereto; 3. Authorize execution of a system purchase agreement in the amount not to exceed $39,345,641.55 with Motorola Solutions, inc., for equipment and professional services using Houston -Galveston Area Contract number RA01-08; and 4. Authorize execution of Amendment No. 2 to City Secretary Contract Na. 40264 with Buford Goff & Associates to provide engineering and qualify assurance services in the amount not to exceed $2,900,000.00. _. � If approved, this M&C will approve aone-time exception to the Financial Management Policy Statements (FMPS) regarding debt structures with balloon payments, authorize the issuance and sale of Tax Notes to JP Morgan Chase in order to fund the project to upgrade the City's public safety and public works radio communieat(ans system instead of using the lease -purchase agreement previously approved, and authorize the execution of the related purchase and services agreements, The FMPS, adapted by the City Council on December 14, 2010, prohibits balloon debt repayment schedules which consist of low annual payments and one large payment of the balance due at the end of the term. However, due to a unique combination of circumstances, Including rare market conditions, financing restrictions, and the urgency of the project to ensure continued maximum public safety, staff is seeking aone-time exception to the policy for the sole purpose of funding this long-term project via Tax Notes which have a maximum life of seven years. The principal pay -down schedule would mirror a http://apps.cfevnet.orl;/wuncil packet/mc review.asp?ID=1S442&courdcilciate==6/14/2011 4/4/2013 �':_ M&C Review Pflge 2 of 3 standard 10-year issue for the first six years, thus avoiding the spirit of typical balloon -payment financing, It Is anticipated that the Tax Notes will be refunded prior to final maturity to accomplish proper amortization periods. On May 17, 2011, (M&C P-11234 revised) the Clty Cauncll approved the acquisition of hardware, software and services to upgrade the City's public -safety and public works radio communications system. On this same M&C, the staff recommendationwas to fund this projectvia a (ease -purchase agreement with Motorola. On today's Agenda is M&C G-17302 for separate consideratlan as staff s recommendation to rescind that authorization and repeal the related ordinances. Because of current market conditions, the City can finance this project quickly via Tax Notes, resulting in a projected savings of approximately $500,OOp.00 annually over the lease -purchase cost; Although the method of financing is transferring from lease -purchase to financed purchase, the General Fund will continue to be the source of repayment. The upgrade to a current generation digital system wilt more effectively meet the requirements of first responders, and fulfills state and federal objectives for interoperability. amongst the region's similar agencies. This system will replace the City's current system acquired in 1992, which is no longer supported by the. manufacturer, On September 16, 2008, Mi�C C-23055 was approved, authorizing, Buford Goff and Associates, Inc., (BGA) to perform an assessment of the publio safety radio system. In March. 2009, BGA presented a report that key components. of the system had reached end of their life expectancy, were no longer supported by the manufacturer and could suffer failures when taxed by emergencies and increased traffic: In light of these factors, the City was encouraged to act as soon as possible, On May 18, 2010, City Counci( approved MSC C-24221 authorizing BGA to develop a master plan for the City to upgrade'. Its radio systems, and negotiate a competitively -priced agreement with the City's communications provider, Motorola Solutions, Inc. The master plan reinforced the urgency of the 2009 study. Given the' cunent fragile state of the system, increasing. service outages, the unavailability of replacement parts, and the financial challenges the City is facing, the Master Plan attempted to balance these factors and ensure a stable,. reliable and secure'communications infrastructure far Police, Fire, Water, Transportation and Public Warics, Parks and Community Service and other City departments. Dn June 15, 2010, M&C C-24272 was approved to authorize the acquisition of the Project 25 (P25) standard master switch, ar the core, of a current generation: radio system along with one small situ to operate as apotentai backup o the existing system. The plan proposed by BGA and Motorola Solutions, Inc., builds upon the installation of this master switch and the initial site. Because of the magnitude of this project, the full build -out and migration is expected to require almost 48 months to complete. Assuming contract execution in July 2011, the project would be scheduled. for completion in the first quarter of 2015. The total cost of the project is estimated not to exceed $53,000,000.00. This total includes $39,345,641.55 for hardware, software and services acquired through the System Purchase Agreement with Motorola Solutions, Mc.; $2,900,000:00 for engineering, consulting,. and other professional services from BGA through March 2015; and additional costs for project management arEd site construction. Additional M&Cs wilt be submitted to the C'rty Council for approval of these other project casts as necessary. Staff recommends execution of the System Purchase Agreement with Motorola Solutions. Under this agreement, the system implemented will include expanded coverage areas, specifically in west Fart Worth and at TexasMotor Speedway, and it will provide additional security features which will help prevent unauthorized monitoring of public safety communications transmissions. Public works pen;annel will also utlize a segment of this system, and if a significant event. occurs, public safety personnel wiN have access to the public works portion as well. Ongoing support capabilities will be enhanced through 7x24 monitoring and dispatch by Motorola's network operations center. Staff also recommends execution of Amendment No. 2 to City Secretary Contract No. 40264 with Buford Goff 8� Associates for the provision of engineering, consulting and other professional services through March 2015. These services will include detailed work regarding system design reviews, frequency licensing, acceptance testing and other critical program functions. Staff is continuing to explore cooperative measures with ether agencies for potential cost sharing and joint participation. This project is structured in such a way to enable such measures if they are realized in the future. It is anticipated that the Crime Cnntroi and Prevention ®istrict {CCPD) wilt transfer funds, at a future hrfn•//:,nne rfwnrt nrc�/enrrnei) nackedmc review.asp`?11�=15442�4ccouncilclate=6/t4/2011 4/4/`L013 ,j M&C Review Page 3 of 3 date via M&C, to offset a portion of the total cost and provide a funding source for the Fiscal Year 2012 debt service payment. Additionally, it is anticipated that the City Manger's Proposed Budget will Include General Fund debt service transfers beginning in Fiscal Year 2013. PRICE ANALYSIS -The HGAC contract offers fixed discounts ranging from flue percent to 25 percent, which remain unchanged from the previous purchase Agreement approved by City Council on March 1t3, 200t3, M&C P=107517. Staff reviewed the. pricing and determined it to be fair and reasonable.. COOPERATIVE PURCHASE -State law provides that a local government purchasing an item under a cooperative purchasing Agreement satisfies any state law requiring that the local government seek competitive bids for purchase of the item. The Houston -Galveston Area Council contract was competitively bid to increase and simplify the purchasing power of govemment entities. M/WBE -Buford Goff and Associates, Inc., agrees to maintain its Initial MNVBE commitment of five perceni that it made on the original agreement and extend and maintain that same M/WBE commitment of five percent to this Amendment No. 2: Therefore Buford Goff and Associates, Inc., remains incompliance with the City's M/WBE Ordinance and attests to its commitment by its signature on the Acceptance of Previous. M/WBE Commitment form executed by an authorized representative of its company. A waiver of the goal for MJV1tBE subcontracting, requirements for Motorola Solutions, Inc., was approved by the M/WBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. FISCAL..INFORMATION/C�R71F1CATION The Flnanciai Management Services Director certifies that funds will be available upon completion of the. sale, closing and delivery of approximately $43,050,Op0.00 Clty of Fart Worth, Texas, Tax Notes, Series 2011. The Financial Management Services Director also certifies that funds will be available to make the' debi service payments on these obligations, and funds. will be available in the General Fund, as appropriated, fo satisfy the City's obligations. TO. Fund/Account/Centers FROM Fund/Account/Centers Submitted for Cit�Manager's Office by_ Originating Department Head: Additional Information Contact: F .:.. � . to , i Karen Montgomery (6222) Lena Ellis (8817} James Mauldin (243t3) l�ttp://apps.cfwnet.ar�;/council_packetlmc_review.asp?ID=15442�4icaunci ldate=ti/ 141201 I 4/4/2013