HomeMy WebLinkAboutContract 52301-R4A4 CSC NO. 52301-R4A4
FOURTH RENEWAL AND AMENDMENT NO. 4
INVITATION TO BID NO. 18-0114
This Fourth 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
Burghoff, 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 "Contract") 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 fourth 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:
OFFICIAL RECORD
Flood Warning Syste
CITY SECRETARY
FT. WORTH, TX
1. RENEWAL
This Renewal and Amendment shall serve as notice that the City and Vendor agree to
renew the Contract for an additional one-year period, which will begin upon the expiration of
the current term and end on February 20,2023.
2. PRICING AMENDMENT
It is the parties' intent to replace the pricing of the first seven items which were included in
the Contract with pricing attached hereto as Exhibit "A". Note that all other pricing terms
remain the same.
3. TERMS AND CONDITIONS AMENDMENT
It is the parties' intent to incorporate the following provisions into the terms and conditions
which were included in the Contract:
39.0 UNIT PRICE ADJUSTMENT
39.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during
the renewal period but before the effective date of the renewal upon written
request from the Vendor.
39.2 The Vendor must submit its price adjustment request, in writing, at least 60 days
before the renewal effective period. The Vendor shall provide written proof of
cost increases with price adjustment request.
39.3 If the City concludes that the rate increase being requested is exorbitant, the City
reserves the right to adjust the rate request, or reject the rate request in its entirety
and allow the contract to expire at the end of the contract term. If the City elects
not to exercise the renewal option, the Purchasing Division will issue a new
solicitation.
39.4 Prices bid shall remain firm for each one-year term of the Agreement and shall
include all associated freight and delivery costs.
39.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases
of errors in extensions or totals, the unit prices offered will govern.
Flood Warning System Equipment&Maintenance Services
Bid No. 18-0114
Page 2
39.6 Upon expiration of the Agreement term the successful bidder, agrees to hold over
under the terms and conditions of this Agreement for a reasonable period of time
to allow the city to re-bid an agreement, not to exceed ninety (90) days. Vendor
will be reimbursed for this service at the prior agreement rate(s). Vendor shall
remain obligated to the City under all clauses of this Agreement that expressly or
by their nature extends beyond and survives the expiration or termination of this
Agreement.
39.7 Goods and/or services shall not be suspended by the Vendor without a 30 day
prior written notice to the City.
40.0 QUANTITIES
40.1 The quantities listed on the bid solicitation are only estimates based on previous
usage and do not indicate intent to purchase or a guarantee of future business.
The City of Fort Worth is obligated to pay for only those materials and services
actually ordered by an authorized City employee and then received as required
and accepted by the City.
4. SPECIFICATIONS AMENDMENT
It is the parties' intent to supplement and revise the Detailed Specifications which were
included in the Contract with the additional specifications attached hereto as Exhibit `B." In the
event of any conflict between the Detailed Specifications included in the Contract and these
additional specifications, these additional specifications shall control.
5.
All other provisions of the Contract which are not expressly amended herein shall remain
in full force and effect.
(signature page follows)
Flood Warning System Equipment&Maintenance Services
Bid No.18-0114
Page 3
Executed on this the 21 day of February 2022
City of Fort Worth: High Sierra El ctron'cs,Inc.:
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By: oa�aa��ndoffl,a�27,20 �o57CST By:
Dana Burghdoff
Assistant City Manager Ray Bryan, General Manager
Date: Jan 27,2022 Date: January 15, 2022
APPROVAL RECOMMENDED BY:
By; wa l_jL9jl�an,ons (ao n,zozzlo to ar)
William Johnson, Director
Transporation&Public Works
Date: Jan 27,2022
ATTEST: �oFORT�yO�a�
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By, Janne[[e5 Goodall),an31.2M 0727CST) O
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Jannette Goodall o� id
City Secretary °°000000.V c�
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APPROVED AS TO FORM AND LEGALITY:
By: �
Taylor Paris
Assistant City Attorney
Contract Authorization: M&C: P-12163
This agreement does not require City Council approval.
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements. OFFICIAL RECORD
By:
Ford"am M°Ell`oy CITY SECRETARY
Fordham McElroy FT. WORTH, TX
Stormwater Management, TPW
Flood Warning System Equipment&Maintenance Services
Bid No.18-0114
Page 4
Exhibit A
Unit Price for 3rd
Contracted Renewal Period Estimated Change with 4th
Item Class Item Unit Price With 3.7% Increase Quantity Renewal
1.000 Preventative Maintenance Master Gauging Stations $670.20 $ 695.00 156 $ 3,868.88
2.000 Preventative Maintenance Flashers $ 293.23 $ 304.08 351 $ 3,808.35
3.000 Preventative Maintenance Lake Monitoring System $549.22 $ 569.54 15 $ 304.80
4.000 Preventative Maintenance Weather Station $310.68 $ 322.18 6 $ 69.00
5.000 Preventative Maintenance Rain Gauge only $ 197.81 $ 205.13 3 $ 21.96
6.000 Emergency Repair Labor Per Hour $ 226.91 $ 235.31 20 $ 168.00
7.000 Non-Emergency Repair Labor Per Hour $ 151.27 $ 156.89 100 $ 562.00
Note: All other pricing terms remain the same.
Flood Warning System Equipment&Maintenance Services
Bid No.18-0114
Page 5
Exhibit B
1). Following any work performed for Preventative Maintenance ("PM"), the Vendor shall be
responsible for providing to the City, in writing, a notice of problems not resolved during the PM.
Such notice shall include a description of the problems and proposed remedy, and shall be
resolved within two (3)weeks of completion of the PM. The labor costs associated with remedy
of the PM follow-up shall be considered as part of the PM, unless agreed to with separate work
order for sites requiring individual attention beyond activities covered by the PM (site knock-
downs, theft of equipment) by the City's Project Manager, and no additional labor costs shall be
incurred by the City.
2). In circumstances when the City wishes the Vendor to perform PM for selected stations (instead
of PM for the entire high-water system), the City may use at its discretion, emergency or non-
emergency hourly labor rates as defined in the Contract instead of station-by-station (Master,
Flasher,Rain Gauge, and Weather Station)PM pricing.
3). At the City's sole discretion, the City may make available Vendor's equipment procured for the
PM in the City's warehouse at the Northside Service Center. It shall be the Vendor's responsibility
to ensure the availability of and access to all necessary equipment (either in its own inventory, or at
the City's warehouse)to successfully perform the PM.
4). It shall be the Vendor's responsibility to promptly bring to the City's attention equipment
with "recall" or similar notification, equipment failure problems due to Vendor's manufacturing
defects. Under "recall" or similar notification of any part or equipment manufactured by the
Vendor, the Vendor shall repair or replace equipment at the Vendor's expense.
5). The City shall be provided with a copy of firmware files by stations, and relevant driver
software for Vendor equipment installed in the City.
Flood Warning System Equipment&Maintenance Services
Bid No.18-0114
Page 6
HIGH SIERRA ELECTRONICS,INC 155 Springhill Drive,Suite 1.06
environmental morriforing solutions Grass Valley, California 95945
— 530.273.2080
Fax: 530.273.2089
www.hsierra,coni
January 26, 2022
Mr. Fordham McElroy
Management Analyst II
City of Fort Worth
Transportation&Public Works Dept
Stormwater Management Division
1000 Throckmorton Street
Fort Worth, TX 76102
Dear Mr. McElroy,
Subject: Renewal of HSE PO No.: PO-18-00103175; 18-0114
We respectfully request that the labor rates in our current contract with the City be amended to
reflect the 3.7% increase noted in the U.S. Bureau of Labor Statistics, Employment Cost Index
Survey released on October 29, 2021.
Description Current 3.7%Increase Q yt Total
PM-Master Gauging Station $670.20 $695.00 156 $108,420.00
PM-Flashers $293.23 $304.08 351 $106,732.08
PM-Lake Monitoring System $549.22 $569.54 15 $8,543.10
PM-Weather Station $310.68 $322.18 06 $1,933.08
PM-Rain Gauge Only $197.81 $205.13 03 $615.39
Emergency Repair Labor/Hr $226.91 $235.31 20 $4,706.20
Non-Emergency Repair Labor/Hr $151.27 $156.89 100 $15,689.00
Thank you for your consideration. If you have any questions or find that you need additional
information,please feel free to contact me.
Sincerely,
Sue Swenor
Gulf Region Hydrology Sales Manager
Bid No.17-0120
Amendment 4 Renewal 4