HomeMy WebLinkAboutContract 52301-R3A3CSC NO. 52301-R3A3
THIRD RENEWAL AND AMENDMENT NO. 3
INVITATION TO BID NO. 18-0114
This Third Renewal and Amendment is entered into by and between the City of Fort
Worth (hereafter "City"), a Texas home-rule municipal corporation, acting by and through Dana
Burghdoff, its duly authorized Assistant City Manager, and High Sierra Electronics, Inc.
(hereafter "Vendor"), a California corporation, acting by and through Ray Bryan, its duly
authorized General Manager, each individually referred to herein as a"party" and collectively
referred to as the "parties."
WHEREAS, the parties have previously agreed to the terms and conditions as set forth
in City of Fort Worth Invitation to Bid No. 18-0114 (the "ContracY') dated January 16, 2018; and
WHEREAS, the Contract is for the purposes of providing maintenance for the
Transportation and Public Works Department's high water warning system; and
WHEREAS, the Contract and four one-year options to renew were approved by the Fort
Worth City Council on February 20, 2018 by M&C P-12163; and
WHEREAS, the Contract and M&C P-12163 authorized an annual contract amount of
up to $350,000.00 and allowed for 25% administrative change order or increase in an amount up
to $85,500.00; and
WHEREAS, the City and Vendor now wish to evidence the parties intention to renew
the Contract for its third renewal term; and
WHEREAS, the City and Vendor now wish to amend the original Contract to increase
the prices of a portion of the line item services included in the Contract; and
WHEREAS, the increase is within the City Manager's administrative authority; and
WHEREAS, in order to better clarify the responsibilities of the City and Vendor under
the Contract, the City and Vendor now wish to revise the Detailed Specifications included in the
Contract.
NOW, THEREFORE, City and Vendor, acting herein by the through their duly
authorized representatives, enter into the following agreement to renew and amend the contract:
INVITATION TO BID NO. 17-0 l20
Amendment 3 Renewal 3
Pa elof6
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1. REN�WAL
This RencwaI and Art�endrrien# sha�l ser�e as noticc that the City and Vcndor agree to
renew the Contxact fnr an additional anc-year period, which will begin upon the c:xpiratian oithe
current term and end on February 2Q, 2422.
2. PRiCING AMENDMENT
It is the parties' intent to repla�e the pricing oF the first sc�en itcros which were included in
the Contra�t with pricing atta�hed hcreto as Exhibit "A". NQte that all other pricing terms
remain thc samc.
3. T�.RMS AND C(]NDITIpNS AMENDMENT
It is thc parties' intcnt ta incorporatc: the fnllawing pro�isions into thc tcrms and canditians
which wcre included in the Contract:
39.0 UNIT PRICE AO.IUSTMEI�T
39.1 Thc unit prices may be adSusted for increases or decreas�s in Vendvr's cast during
thc renewal period k�ut bcfore thc ef�ccti�e �ate ❑f th� rencwal upon written
requcst from the Vendor.
39.2 The Vendor must submit its price adjustmcnt request, in writis�g, at icast �r� days
faefore thc rcn�wal effecti�e period. The Vendor shall pro�idc writien proaf of
cost increases with price adjustment rec}uest.
3g.3 If th� City cnnclud�s �hat thc ratc increase bcing requcstcc� is exorbitant, thc City
reser�es the right to adjust the ratc r�quest, or reject tl�e ratc rcquest in its entirety
and a11aw thc cnntra�t to expire at thc cnd nf the cantract term. !f the City elects
not to exercise thc renewal option, the Purchasing Qi�ision will issue a new
solicitation.
39.4 Priccs hid shall remain firm far each ane-ycar term of thc Agrecm�nt ar�d shall
include all asso�iated frcight and deli�ery �usts.
39.5 Prices offered shall he used ti�r bid analysis and for A��recment pricing. In cases
of errars in extensians or totals, thc unit prices oFFered will go�ern,
INVITATI�N T� I3ID N�. i8-[�1 I4 Pagc 2 �f 6
Amendment 3 R�n�wal i
39.b Upan expiration of the Agxeement t�rm the successful biddcr, agrecs to hold o�er
und�r the terms and conditions af this Ilgreement for a reasonahlc periQd of time
to a11ow t�te city ta re-bid an a�rccmcnt, not to exceed ninety (90) days. Vendor
will be reimhursed for this service at the prior agre�ment rate{s). V�ndar shall
remain abligated to the City undcr all clauses ❑f this Agr'eement that expressly or
by their nature extends beyond and survives the expiration or termination af this
llgreement.
39.7 Guods andlor s�rviccs shall not bc suspended by the Vendor withoui a 3� day
priar writtcn r�ntice to the City.
40.0 Qt1AiV'1'1'['�I�:S
4Q.1 Thc quantities listed on the bid solicitativn arc nnly estimates based on pre�ious
iisage and do not indicate intent to purchase or a guarantee of futurc 6usiness.
The City of Fort Worth is abligatcd to pay for only thasc matcrials and ser�ices
actually ardered hy an authorized City employce and then recoived as required
and acceptcd by the City.
4, S��:CIFICATIDNS AMFN�MENT
It is thc parties' intent to supplcmcnt and re�ise th� I]etailed Specifications which werc
included in thc Cnntract with thc additional specifications attachcd hereta as Exhibit "8," In the
e�cnt of any canflict bctwcen the �etailed Spccifications included in the Contract and these
additional specifications, these additinna] specificatians shall control.
5.
All other pro�isions of the Contract whi�h arc not cxpressly amended herein shail remain
in full fnrcc and cffe�t.
{signature page, follaws}
INVI`�AT3C3N TD BTD N�. i 8-fl 1 i 4 Page 3❑f 6
Amendm�nt 3 Renewal 3
15 April
Item
.oao
5.UUU
6.Oa0
�,oaa
Stormwater Management, TPW
Unit Price f�r 3rd
Cantracted Renewal Period
Class Itern llnit Price With 1.490 Increase
Preventative Maintenance Master Gauging Stations $ 570.20 $ 679.58
Preventati�e Maintenance Flashers $ 293.23 $ 297,34
Preventative Maintenance �ake Monitoring 5ystem �549.22 $ 556.91
Pre�entati�e Maintenance Weather 5tation i$ 310.68 $ 315.�3
Pre�entative Maintenance Rain Gauge only $ 197,81 $ 2QQ.58
Emergency Repair Labor Per Hour $ 226.51 $ 230.I3�
Non-Emergency Repair Labor Per Hour $ 151.27 $ 153.39
Exhibit A
Note: All ❑thcr pricing terms remain the same.
IIVVITATIDN TO BID ND. 18-0114
Amendmenf 3 Ren�wal 3
Estimated Change with3rd
Quantity Renewal
156 $ 1,458,53
351 $ 1,442.95
15 $ 115.36
5 $ 26.11
3 $ 8,31
2❑ �$ 63.60 '
104 $ 212.fl0
Page 5 of G
Exhibit S
1). Follgwing any wQrk perform�d for Prc�cntati�e Maintenan�e ("PM"�, the VendQr shalI be
responsible for pro�iding to the �ity, in writing, a notice af problcros not resol�cd during the PM.
Such nQti�e shall include a description af the problerns and propased remedy, and shal� be
resol�ed within two �3) wee�Cs of completion af the PM. The labor cosis assaciated with remedy
nf th� PM Fo11ow-up shall be �onsidered as part of the PM, unless agreed ta with separafe work
arder for sites requiring indi�idual attention beyond acti�itics coWered by the PM {site knock-
downs, theft of equipment) by thc City's Pr�ject Manager, and na additianal labor cosis shall be
incurred by the City.
2). In cir�umstances when the City wishes the Vendor to perform PM for selected stations (instead
of PM f�r thc entire high-water systcm), the City may use at its discrction, emcrgcncy ar non-
emergency haurly labor rates as defined in the Contract instead Qf station-by-station �Master,
Flasher, Rain Gaugc, and Wcather Station) PM pricing.
3), At the City's sole discretion, the City may make a�aiIablc Vendor's equipment procured far the
PM in thc CiCy's war�housc at the Northsidc Scrvice Centcr. It shaIt bc thc Vendor's responsibility
to ensure the a�ailabiliry of and access ta all necessary equipment (eith�r in its own in�entory, ar at
thc City's warehouse) to successfully pertorm th� PM.
4), It shall be the Vendor's r�sponsibility to pramptly bring to thc �ity's attenfian equipment
with "recall" or similar notification, equipment failure prablems due ta Vendor's manufacturing
defects. Under "recalI" or similar notification of any part or equipment manufactured hy ihe
Vendor, th� Vendar shall repair or replace equipment at the Vendor's expense.
5}. Th� City shall be pr��ided with a copy nf �rmwar� files by stations, and reIe�ant dri�er
software for Vendor equipmcnt installed in the City.
INVITATI�N TO BID IVO. 1 R-Ol 14 Pag� 6 af 6
Amendmcnt 3 Rcncwal 3