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HomeMy WebLinkAboutContract 58592-A1R1CSC No. 58592-AlR1 FIRST AMENDMENT AND RENEWAL CITY SECRETARY CONTRACT NO. 58592 This Amendment and Renewal is executed by and between the City of Fort Worth ("City"), a home rule municipality, and Logix ITS (Intelligent Transportation Systems) ("Vendor"). City and Vendor are each individually referred to herein as a "Party" and collectively as the "Parties." WHEREAS, on December 15, 2022, the Parties entered into City Secretary Contract No. 58592 ("Agreement/Contract"); WHEREAS, the Agreement provides for an 8-month initial term with no renewal terms; WHEREAS, the initial term of the Agreement was for a period from December 15, 2022 to August 9, 2023; WHEREAS, the Parties wish to amend the Agreement to include authorization of (2) renewals and to renew the Agreement for its first renewal term; WHEREAS, the Parties wish to amend the Agreement to increase the annual spending authority by $200,000 for a new annual amount of $300,000; and WHEREAS, the Parties wish to amend the Agreement to include notice of additional federal compliance terms. NOW, THEREFORE, the Parties, acting herein by and through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: 1. Term. The third paragraph on the first page of the Agreement is deleted in its entirety and replaced by the following: The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and expires on August 9, 2024. City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to two (2) one-year renewal options. 2. Renewal. The Parties agree to exercise the first renewal option which will be effective immediately upon execution by the designated Assistant City Manager and expiring on August 9, 2024. 3. Compensation. The second paragraph on the first page of the Agreement is deleted in its entirety and replaced by the following: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment and Renewal to No. CSC 58592 Page 1 of 5 City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment by the City made under this Agreement shall not exceed Three Hundred Thousand Dollars ($300,000). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Notice. The fifth paragraph on the first and second page of the Agreement is deleted in its entirety and replaced by the following: Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested addressed as follows: To CITY: City of Fort Worth Attn: William Johnson, Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 To VENDOR: Logix ITS (Intelligent Assistant City Systems) James Weatherall, Exec Sales992 Rue d'Upton Lasalle, Quebec H8R 2T9 Facsimile: 844-405-6449 With copy to Fort Worth City Attorney's Office at same address Transportation VP of Global FEDERAL COMPLIANCE: Vendor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, domestic preference and environmental compliance. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Vendor shall notify each potential subcontractor or supplier of the Vendor's federal compliance obligations. These may Include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in First Amendment and Renewal to No. CSC 58592 Page 2 of 5 Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Agreement; (g) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (h) applicable provisions of the Davis -Bacon Act under 40 USC § 3141 — 3148, and the Contract Work Hours and Safety Standards Act under 40 USC § 3701 — 3708; (i) applicable provisions of the Rights to Invention Made Under Contract or Agreement Act under 37 CFR Part 401; 0) applicable provisions of the Clean Air Act under 42 USC § 7401 — 7671, the Energy Federal Water Pollution Control Act 33 USC § 1251-1387, and the Energy Policy Conservation Act under 42 USC § 6201; (k) compliance with all Buy America requirements under 23 USC 313 and 23 CFR 635.410, which require a domestic manufacturing process for any steel or iron products; (1) Compliance with Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment under 2 CFR §200.216 and §200.471; (m) compliance with federal assistance programs under Executive Order 12549, Debarment and Suspension, which prohibit participation of debarred or suspended or otherwise excluded from or ineligible vendor or its suppliers using federal funds; (n) compliance with federal restriction on lobbying expenditures under 2 CFR 200 clauses: (o) consistent with Domestic preferences for procurements under 2 CFR §200.322, which provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States as appropriate and to the greatest extent practicable. 5. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 6. This Amendment and Renewal may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. (Signature page follows) First Amendment and Renewal to No. CSC 58592 Page 3 of 5 ACCEPT D AND AGR D: By: William Johnson O 17, 202314:47 CDT) Name: William Johnson Title: Assistant City Manager Date: APPROVAL RECOMMENDED: By: Lauren Pr�n11, 22023 11:45 CDT) Name: Lauren Prieur Title: Director, Transportation Public Works Department ATTEST: ab� FORr�a� o A s a1 o 0 151, By. �l�ryber4 ap Name: Jannette Goodall Title: City Secretary VENDOR: By: Name: ames Weatherall Title: Executive VP of Global Sales Date: June 28, 2023 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. f� By: Name: Namoo Han Title: Professional Engineer, Transportation & Public Works Department APPROVED AS TO FORM AND & LEGALITY: By: Name: Jeremy Anato-Mensah Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0395 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment and Renewal to No. CSC 58592 Page 4 of 5 EXHIBIT A Seller's Ouote, Scope of Services or Purchase Order First Amendment and Renewal to No. CSC 58592 Page 5 of 5 + s Traffic Logix Corporation ■ 3 Harriett Lane Spring Valley, NY 10977 USA Tel: (866) 915-6449 TR4FF1 LC-�' Fax: (844) 405-6449 www.trafficlogix.com Page 1 1 Quote Number QUO-23611-OT3R4 Created Date 7/19/2022 Expiration Date 4/28/2023 Prepared by Adrian Madrid QUOTATION Contact: Chelsea St. Louis City of Fort Worth, TX Phone: 817-392-7978 Email: chelsea.st.louis@fortworthtexas.gov Shipping Address: 5001 James Street Fort Worth, Texas 76244-5734 Standard Features (Included) • Prices Shown include - Required Adhesive, Bolts and Anchors (Specified as 4' for Concrete and 7" for Asphalt) • Color and Markings as Indicated Special Notes • Sourcewell Contract number is #070821-LGX pricing has been applied • Sourcewell Contract number for Fort Worth is #6591 • 4" Anchors will be needed for 29 Cushions • Freight rate has been included and based on standard dock -to -dock delivery with no special off- loading services included i.e. forklift, tailgate, pallet jack, etc... Quote Line Items — All Prices shown are in $ US Dollar Product Product Code Qty List Discount Sales Total Price Price 400mL 1:1 Dispenser - PU-APGUN 1 $65.00 $65.00 $65.00 Adhesive Applicator Gun - SIDS -Plus Shank Rotary - Hammer Drill Bit.9/16"Bit, 16 Drilling Depth, 18-3/4" Overall Length. Super Flex Curb Black - (4) White Markings - Includes 7" Bolts, Anchors, Washers Speed Cushion - Tx 6' x 3" - MUTCD (1) Arrow Speed Cushion 7' L x 6' W x 3" H - (2) MUTCD, Two Way Center Cushion Totals 23596 1 $65.00 $65.00 $65.00 SPRFCB-W 1,590 $64.00 15% $54.00 $85,860.00 SC-070603-M 38 $907.00 15% $770.00 $29,260.00 SC-070603-2M-TW 15 $907.00 15% $770.00 $11,550.00 Subtotal: $126,800.00 Freight: Included + s Traffic Logix Corporation ■ 3 Harriett Lane Page 2 Spring Valley, NY 10977 USA Quote Number QUO-23611-K7T3R4 Tel: (866) 915-6449 Created Date 7/19/2022 -�' Fax: (844) 405-6449 Expiration Date 4/28/2023 TR4FF1 LC www.trafficloeix.com Prepared by Adrian Madrid Sales Tax (if applicable): $7,733.55 Grand Total: $126,800.00 Terms: 1% - 10 days — Net 30 Payment: MC, VISA, AMEX. Credit card payments over $10K will include an additional 2% fee. Tax: IF TAX EXEMPT, Please Provide Tax Exempt Certificate with Order Freight: Freight quotation is valid for a period of 21 days after it is issued. Beyond that, freight quotations will require confirmation or adjustment. Changes/Returns: 30% for standard orders and 50% on custom orders. Delivery Requirements Please Indicate the availability of the following as this determines the freight costs: 1. Do You have a Loading Dock? - Yes/No 2. Do you have a Fork Lift and Pallet Jack to unload? - Yes/No 3. Can access be gained by a 53 foot truck for delivery? - Yes/No 4. Is the delivery address a Construction site? - Yes/No 5. Is the delivery address a Military site? - Yes/No 6. If shipping to Military site, is a U.S. Driver required? - Yes/No Quote Acceptance Information Signature Name Title Date Thank you for choosing Traffic Logix. Please sign and return to: amadrid@trafficlogix.com Adrian Madrid Regional Account Manager 469-803-2127 Please complete to set up new account: https://trafficloeix.com/business-application-form/ City of Fort Worth, Texas Mayor and Council Communication DATE: 05/23/23 M&C FILE NUMBER: M&C 23-0395 LOG NAME: 13P AMEND CSC NO. 58592 COOP SW 070821 ROAD RIGHT-OF-WAY TPW CB SUBJECT (ALL) Authorize an Amendment to Agreement with Logix ITS for Road Right -of -Way Maintenance Equipment to Increase the Annual Spending Authority by $200,000.00 for a New Annual Amount Up to $300,000.00 Using a Cooperative Contract and Authorize Two One -Year Renewal Options for the Transportation and Public Works Department RECOMMENDATION: It is recommended that the City Council authorize execution of an amendment to the agreement with Logix ITS for road right-of-way maintenance equipment to increase the annual spending authority by $200,000.00 for a new annual amount up to $300,000.00 using Sourcewell cooperative contract 070821 and authorize two one-year renewal options for the Transportation and Public Works Department. DISCUSSION: On December 15, 2022, the City of Fort Worth entered into an Agreement with Logix ITS (Intelligent Transportation Systems) for road right-of-way maintenance equipment with an annual spend amount of $100,000.00 with no renewals using Sourcewell Cooperative Contract 070821 (City Secretary Contract No. 58592). TPW is now in need of an additional $200,000.00 in annual spending authority and is requesting two one-year renewal options. The increase will be used to purchase rubber speed tables and cushions to lower vehicle speed and increase safety on residential streets. State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies any state law requiring that the local government seek competitive bids for the purchase of the item. Sourcewell contracts are competitively bid to increase and simplify the purchasing power of government entities across the State of Texas. Request For Proposal (RFP) #070821 was published on May 18, 2021. The RFP opened on July 8, 2021; Twenty-five (25) responses were received. Logix ITS (Intelligent Transportation Systems) was one of the vendors awarded a contract under the RFP. Funding is budgeted in the TPW Dept Highway & Streets Department's General Capital Projects Fund for the purpose of funding the FY23 PGO NGHD SFTY SIGNS & MKGS project, as appropriated. ADMINISTRATIVE CHANGE ORDERS - In addition, an administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval. RENEWAL OPTIONS — The initial term of this Agreement will end on August 9, 2023. The Agreement may be renewed for two additional one-year periods through August 9, 2025. This action does not require specific City Council approval provided that City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal terms. Staff anticipates that the costs for renewal years shall remain approximately the same as the initial year. A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. This project will serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for the FY23 PGO NGHD SFTY SIGNS & MKGS project to support the approval of the above recommendation and execution of the amendment. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Reginald Zeno 8517 William Johnson 5806 Oriainatina Business Unit Head: Reginald Zeno 8517 Lauren Prieur 6035 Additional Information Contact: Jo Ann Gunn 8525 Charles Benson 8063 FORT WORTH, Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Logix ITS For: First Amendment & Renewal for Traffic Calming M&C: 23-0395 CPN: CSO: 58592 Date: To: Name Department Initials 1. Namoo Han TPW- Signature NNA4d 2. Anna Benavides TPW — Initials e6 AB 3. Rajnish Gupta TPW- Initials R C7 4. Lauren Prieur TPW- Signature LLP 5. Jeremy Anato-Mensah Legal- Signature �,fN 6. William Johnson ACM- Signature 4- 7. Ronald Gonzales CSO — Initial 8. Jannette Goodall CSO-Signature 9. Allison Tidwell CSO-Assign CSC-&- 1 0. Tabitha Giddings TPW-Admin 11. 10. DOC#: Date Out DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: []YES ®No RUSH: []YES ®No SAME DAY: []YES ®No NEXT DAY: ❑YES ®No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs