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HomeMy WebLinkAboutContract 28214 CITY SECRETARY '%"ONTRACT NO CONTRACT FOR AN ELECTRONIC, RADIO CONTROLLED, OUTDOOR SIREN WARNING SYSTEM This contract for the development and installation of on e|ectnonic, radio cnntro|nd, outdoor siren warning system is entered into this �� ��� day of . 2002. by and between, The City of Fort Worth, n Texas home-rule municipal corporation ("City") and SofetvCom. Inc., an Arkansas corporation (^8afeh/Com''), doing business in Texas, VVITNESSETH: WHEREAS, the City of Fort Worth and GofekConn desire to enter into a contract for construction and installation of an e}eotronic, radio controlled, Outdoor Siren Warning System, and WHEREAS, all necessary legal prerequisites have been satisfied, NOW THEREFORE, in consideration of the mutual covenants contained hereinafter relating to the prnjent, the parties agree tn the following: 1 DEFINITIONS All terms and phrases not expressly defined herein ohoU have their ordinary rneon/ngo, consistent with local and state }avv. except where the context n}oody indicates a different meaning. For purposes of this cnntrent, the following terms and phrases shall have the meaning ascribed herein: 1.1 Contract The written agreement between City and GafebCnrn with respect to the sale and installation by 8ofehKCom of an outdoor siren warning syntom, including the duties. obligations and rights nf the Parties, and any amendments thereto. 1.2 The Parties The City nf Fort Worth, oTexas home-rule municipal onrpnnabnn. and SafobCom. Inc., an Arkansas corporation. 1.3 Project Manager The Emergency Management Coordinator, Fort Worth Fire Department. 1.4QFP The Request for Proposals issued on October 15. 2001 by City, to solicit proposals from qualified suppliers/manufacturers to provide /nfornnation, uye0mnn denign, equipment opedfications, furnish new equipment and /natmU new equipment and provide for maintenance and technical support in order to replace and enhance City's existing outdoor siren warning system. 1.5 System The e/ectronio, radio controUed, outdoor siren warning system to include the requirements and complete installation and training as defined in the Scope of Work, set out more particularly|n Exhibit A. 1.6 Vendor Proposal SotetyConn'a responsive proposal to the FlFP, supplemented by representations made |n subsequent correspondence, 2 SCOPE 0FWORK SafetyCom agrees to devm|op, equip and install a cornp|ab*, functional e|ectnonkz, radio- controlled, outdoor siren warning system ("Syotenn^), as specified within the RFP, which is incorporated herein by naferenoe, and as outlined by Saheh/Conn in the Vendor Proposal which is incorporated herein by reference. The work included within this Contnact, which shall be the financial responsibility of Sefoh/Com, consists of furnishing the design, site location advice, |abor, mnteria|s, mquiprnent, k)o|o, and other services; and includes all onntn whatsoever which may be required for installation. The Scope of Work is set out more particularly in Exhibit A, which is attached hereto and made a part hereof. 2.1 System SafehCnnn is hereby engaged and employed by the City to perform in accordance with good contracting practices and in the best interest of the City all of the work as set forth in Exhibit ("Scope of Work"), attached hereto and incorporated herein. 8ahah/Com agrees to design the system and install equipment in compliance with FEK4ACPG 1-17 guidelines. 2.2 Removal and Disposal of Existing System 8efubCono will completely remove all components of the current ayetem, including poles and pole butts. Poles will not be cut off at ground level. All holes will be filled and all sites will be leveled as necessary tnthe satisfaction of City. 8ofebxCom will assume complete responsibility for proper final disposal of all components except radios, which shall bu delivered to the City Radio Shop. 2.3 Additional Services and Equipment In addition to the required services and equipment to be provided with the Gyetenn. the City retains the r|ght, to be exercised at its sole option, to require provision of certain addidonal services and equipment as more particularly set forth in Exhibit B attached hereto and incorporated herein. Additional oen/iomo and equipment shall only be provided upon prior written and clearly detailed direction from the Project Manager, acting within the limits of State Law, the Charter and Ordinances of City and policies established by the City Council, and additional services provided pursuant to the written direction ehe!| be paid as set out in Exhibit B. Pricing for additional equipment and services shall be fixed fora period of not less than tun (1O) years from the date nf execution of this Contrect, indexed for inflation at the rate measured by the Consumer Price Index, as published in the Sun/n/a/yDaba from the Consumer Price Index News Release by the Bureau of Labor GtaUatiuo, U.S. Department of Labor, for all South Region consumers (for urban areas of50.UO0to450.OU0). During the contract period, if any of the additional oquipn)ent, softvvare, or services nernod in Exhibit B are replaced in Sa#eh/Conn's product line byproducts performing the same functions, but using improved techno|ogy, and priced the oonne. lower, or within five percent (5%) of the ibarn originally specified, then the newer product maybe substituted with approval of the Project Manager and the City Manager's Office. Said substitutions may also be noted in any subsequent contract renewal documents without necessitating an additional pnocmss, pn)vided, hbwevar, that this clause shall not bm construed toallow /nc|us}on of any equipment model, product, or service that changes the scope of the intent, technical specifications, or applications described |n the RFP- 2.4CabNn0aodVVirio0 Inside City Facilities Sahah/Corn shall provide cable & vv|nm specifications and identify required terminal locations for all cables and wiring to be placed inside City facilities. All cables and wiring shall be purchased and installed bythe City's |T Solutions Department. ni 3 CONTRACT PERIOD Contract may be extended for an additional three (3) fiscal years upon approval by City; and with the approval of8ufahCom; provided that in no event shall this contract beextended past . 20__. The extension of this Contract shall be only with the intent and purpose of exercising Sofah/Conn'a options for maintenance and/or upgrades, identified as additional services and equipment on Exhibit Bhereto. 4FkESPONSIG8ILITIES OF THE CITY 4.1 Obligations. The City agrees hn provide the following: • Site locations for each siren. • Final approval of site selections • Licenses as required for the radio controlled system to operate in the existing UHF channel. • Personnel designated by the City to provide inspection and approval of all installations. Such approval shall be limited in scope to the specific subsystem physical installation and shall not be construed to imply full acceptance of the System or any subsystem. • City Staff will assess any zoning issues and/or height restrictions for the placement of poles and assure proper zoning for each site location. 4.2 Acceptance Certificate Within thirty (30) days after final installation of the Gyotono, the City shall perform such testing as it deems necessary to verify proper operation of the System in accordance with the RFP and the performance of all obligations of SafetvComn under this Contract. The City agrees to issue a written Acceptance Certificate upon satisfactory completion of such testing. 6COKnPENSA7ION AND PAYMENT Under the terms of this Contnaot. Gah*bCom/ agrees to perform all work included within the Scope of Work for the base System an described in Exhibit A, at o cost not to exceed 82.816.109.46. This price shall be the basis for milestone billing as set forth in the following chart: Milestone Payment Percentage Delivery of the plan, order of equipment 15% and initiation of implementation Progress Payments begin based on Progress payments associated with siren equipment that is installed and installation, These payments will be operational. based on a percentage of system 30-Day Test Period Final Acceptance; Warranty Begins 5% Retainage This schedule begins with a 15% payment at time of delivery Vfthe plan, order of equipment and initiation of implementation and includes progress payments based on the percentage of the System successfully installed and deemed operational by the Project 809& of the total base System price, The last Dayment, equal to 5 amount, will be delivered after all equipment has been installed, the System completed and the thirty(3O)day acceptance test period has been successfully completed. 6 RECOR0S AND ACCOUNTS During the h*nn of this Contract and continuing for period the longer of five (5) years after the final acceptance of the System or until the final resolution of any outstanding disputes between the City. SafetvConn, and its sub-contractors shall maintain internal accounting records and other supporting documents pertaining to the invoicing for costs of all services and equipment expenses. Said records shall bein sufficient detail and condition aatopermit periodic audits by the City as necessary to resolve any disputes. 7TERK8INAT|0N This Contract may beterminated as follows: 7.1 Discretionary Termination The City, in its sole dioorotion, may terminate this Contract after giving ten (10) days prior written notice to SafebxCom. The method of notification must be according to the terms set forth in section 10 of this agreement. 7.2 Termination for Default After written notice of default and failure to cure said default within thirty (30) days thereafter, this Contract may be terminated by either party, provided that if the default is such that it cannot be cured within thirty (30) days, but the defaulting party has initiated and is diligently pursuing a cure, the cure period shall be extended for an additional thirty (30) days. This Contract may not be terminated vvheno the defaulting party's failure to perform in accordance with the Contract terms is caused by the party initiating the termination. 7.3 Method mfTermination Upon receipt of a written notice of tornninotion. SahabConn ahe|| (a) immediately discontinue all work and services affected unless the notice directs otherwise, and (b) upon payment by the City for work performed and any other sums due hereunder, deliver to the City all dncurnents, data, drowinQs, speoifioahona, nyports, calcu|ationa, field notes, tnauings, plans, mode|s, computer fi|es, eetinnates, nunnnnerias and other information and materials accumulated in performing this Cnntnaot, whether complete or incomplete, unless the notice directs otherwise. In the event nf the termination ofthis Contract prior to completion of the pro/eot, regardless of the reason for said termination, and after payment by the City ofany aunnn due heneundar. SafetvCo/n shall immediately mmaiQn to the City those contracts relative to the pndoot entered into between Smfeh/Conn and its sub-contractors, as the City may designate in writing. With respect to those contracts assigned to and eomopbed by the City. the City shall only be required to compensate such sub-contractors for compensation accruing to such parties under the terms of their agreements with SahmhC4m from and after the date of such assignment to and acceptance by the City. All sums claimed by such sub- contractors to be due and owing for services performed prior to such assignment and acceptance by the City shall constitute an obligation between SafetyConn and the affected aub-oontoactona, and the City shall in no way be deemed liable for such sums, So#etyComn shall include this provision and the City's rights and obligations hereunder in all agreements or contracts entered into with the sub-contractors. 7.4 Payment upon Termination If termination is for the convenience of the City. the City shall payGefetyCom for all expenses incurred and all work and services rendered up to the time of receipt of the notice of ternninaUnn, in accordance with the hyrnns, limits and conditions of this Contract and as further limited by the not to exceed amounts set out in this Contract. If the cancellation is due tn the failure ofGafohxCorn to fulfill a contract obligation, the City may complete the work and services itself or otherwise, and 8ahetvComn shall be liable for the reasonable resulting or additional costs incurred by the City due to the failure of 8ofeb/Cnmn. The rights and remedies of the City provided in this section are in addition bo any other rights and remedies provided by law or under this Contract. 8 INDEMNITY AND INSURANCE 8.1 Indemnity 8afebConl assumes all risks incident to or in connection with its purpose to be conducted hereunder and shall indonnnifv, defend and smma harmless the Qty, its oMinern, agents and ennp|oyees, from damage or injuries of whatever nature or kind to persons or property arising out ofSafetyCorn'o operations and arising from oda or omissions of its employees and shall indernnifv, defend, and save harmless the City from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the negligence or improper conduct cf 3ofetvCom or any of its agents or employees. NOTWITHSTANDING ANYTHING IN THIS CONTRACT TO THE CONTRARY, NO PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR EXEK8PLARY, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING T{], ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT. 8.2 Insurance 8a#ahConn shall obtain and maintain insurance written with on insurance company acceptable to the City for the coverages and amounts of coverages not less than those set forth be|ow, and shall provide certificates to evidence such coverage to the City before any contract may become effective. Such certificates shall provide that there may be no ternninehon, non-renewa|, or modification of such oowanaQe without thirty (30) days prior written notice to the City. All insurance shall be maintained for the duration of the Contract. The amounts of such coverage shall be: • Adequate Worker's Compensation coverage to comply with State Laws and Employer's Liability coverage in the minimum amount ofB18O.DDO� • Comprehensive General Liability Coverage sufficient to meet the City's maximum liability under the Government Tort Claims Act (51 O.S. § 151 et seq.) msit may be amended from time to time. The current required rnininnurn General Liability CavensAa is $250.000 for each single occurrence of personal injury or death. $100.000 for property damage and $508.000 for any number of claims arising out ofosingle accident wroccurrence, • Comprehensive Automobile Liability coverage with a nn|n/nnum of $175.030 per person for bodily injury Vrdeath and $25,000 for property damage and $1.000.000 for any number of claims arising out ofa single accident o,occurrence. • Said insurance shall name the City Fort Worth es an additional insured, _A,11�0101 01 awl" - -' , ^ mx �' ^ Any lapse ofinsurance coverage shall be a nnabeha| breach of contract, and the City moy, at its opUon, suspend the Contract until there is full comp|ianma, or terminate the contract for non-perfnrmonos. 9ASS1GNK8ENT Inasmuch as this Contract includes system development services, and relies upon financial standing and unique ability and expertise ofSafotvConn to dove|op, equip and install an outdoor warning symhann, the parties agree that SafotvCorn may not assign this Contract or any interest herein without first obtaining the prior written approval of the City. Moreover, at |oeat ninety (90) days prior to any contemplated assignment of this Contnaot. SafetvConn shall submit a written request to the City and SafebCnnn shall submit evidence showing good and sufficient financial worth and adequate experience in the performance of this Contract on the part of the contemplated assignee. In no event may an assignment be made nor be effective if SafetyCom is in default on any of the terms, provisions, covenants and conditions herein contained. The party to whom such assignment in made shall expressly assume in writing and agree to be bound by and fulfill all of the terms, covenants, ob|igaMons, and agreements contained in this Contract. K4onaover, no assignment shall release SafetyCom from any of the terms, covenants, or conditions herein contained on the part of8ahehxConntobo performed, kept, and observed. 10 NOTICES 10.1 General With the exception listed be/ow (1O.2). all notices and orders given pursuant tothis Contract shall be in wvibng, delivered to either party using either a traceable de/ivory service or certified mail. Notices and orders are to be addressed as follows: To the City of Fort Worth: To SafetyCom: Office of the City Manager SafetyCom, Inc. 1000 Throckmorton St. 112 Smart House Way Fort Worth, TX 76102 North Little Rock, AR 72114 Attn: Libby Watson Attn: Jon-Claude Jenkins (817)871-6183 Phone (501)375-6300 Phone (817)871-6134 Fax (501)372-2221 Fax The address and phone number of any person or party may be changed by notice to either party given in the manner described above. 10'2 Special Notice to the Emergency Management Office nmPreventive &8aintenmncmA8&orrewtVvVmrk Prior to performing any Preventive Maintenance and /or Warranty work, notice must be provided tnthe Emergency Management Office either |n person orbytelephone so as to ensure actual awareness of the contemplated work by Emergency Management personnel, K4moueges left on answering machines or unacknowledged e-mail is not sufficient. Emergency management personnel will provide Contractor with appropriate contact information and procedures soemto ensure this requirement ismet. 11 GUARANTEE, PERFORMANCE AND PAYMENT BONDS SafetyCom guarantees that the software and equipment furnished shall be in accordance with the manufacturer's specifications and shall perform the function for which they were designed and manufactured. SofntyConn shall provide all standard manufacturer's warronUea, guonantoas, and/or exchange policies for defective ib*nna purchased under this contract. In oddidon, full warranty, including labor for all ih*nns supplied shall be provided for no less than five (5) years from the date of acceptance by the City. Performance and Payment bonds equal to the total purchase price plus installation charges of the base Syaiunn oho|| be on file before contract execution by the City. The bonds will be released following successful completion of and acceptance by the City of the System. 12 WARRANTY SofetvCom warrants that at the time of System occeptonue, all items furnished under this contract will be hoe from defects in material or workmanship and will conform to the specifications and all other requirements of this Contract. As to any item which dues not conform to this warnanty. SofetvCom agrees that the City shall have the right to reject and return each nonconforming item to GofutvCnnn at SofetyCom'a expenae, in which case GafetyCurn shall repair or replace the nonconforming item, or make an equitable adjustment in the contract price, at its option. This warranty shall be in addition to any other rights of the City. All equiprnent, including siren ba#erieo, and software warranties shall start on the date of Syahmrn occeptance, and will be in effect for five (5) years following fine! System acceptance. 13 OWNERSHIP OF DOCUMENTS Except those documents and materials identified by Sefeh/Conn as being proprietary or confidentio|, all other documuntn, notea, dnavvinQs, speuificationo, reportn, esdmaten, sumrnories, ronderinys, mode!s, photographs, field notes, as-built dnavvings, infurmaDon, survey resu|ts, p|ona, computer files and any other materials produoed, created or accumulated in performing this oontroot, are and shall remain the property of the City and may be n*produced, distributed and published in whole or part without permission or any additional payments or fees toGofebCnm. 14 COMPLIANCE WITH LAWS, ORDINANCES,SPECIFICATIONS,AND REGULATIONS SafetyCono shall comply with all existing f*dera|, state and local |ows, sbandards, oodem, ordinanoee, administrative regulations and all amendments and additions thereto, pertaining in any manner bothe work and/or services provided under this Contract. 15 STANDARD OF CARE In providing the work and services herein, Sah*bdCurw shall maintain during the course of this Contract the standard of reasonable oany, skU|, diligence and professional competency for such work and/or services. SafehyComn agrees to require all of its sub-oVntnactorm, by the terms of its sub-contracts, to provide services at the same standard of reasonable care, skill, diligence and professional competence required VfSafob/Cmrn. 1G TIME IS0FTHE ESSENCE Both the City and SafetyCom expressly agree that time hsof the essence with respect bothis Conbact, and the time for performance ofeach task described in Exhibit C shall be made a pad of this Contract and shall be strictly observed and enforced. Any failure on the part of the City to timely object to the time of performance shall not waive any right of the City to object at a later time. 17 ENTIRE AGREEMENT This Conhact, including its exhibits and any other documents or certificates incorporated herein by refenence, expresses the entire understanding of the City and SofehCom concerning the Contract. Neither the City nor8afmtyCorn has made or shall be bound by any agreement or any representation to the other concerning this Contract, which is not expressly set forth herein. iO FORCE A8AJEURE SufntyCnnn is excused from any failure or delay in the performance of its responsibilities otherwise imposed by this Contract for any cause beyond its control. Such oauuna may include, without limitation, fires, floods, stornno, oadhquakeu, civil disturbances, disruption nf te|ecomrnunicatinns, transportation, utilities or governmental ection, and those hindrances and delays attributable to the Cihy, or delays of subcontractors due to such causes. 19NODAMAGE FOR DELAY No payment, compensation or adjustment of any kind other than an approved extension of time uheU be made to SofatyCono for damages because nf hindrances nr delays from any cause in the progress of the work, whether such hindrances or delays are avoidable or unavoidable. GafetvCom agrees that it will make no claim for compensation or damages for any such delays and will accept as full satisfaction for such delays the extensions of time. 20 SEVERABILITY In the event that any provision, clause, portion or section of this Contract is unenforceable or invalid for any reason, such unenforceabi|ihyor invalidity may not affect the enforceability or validity of any other paragraph or the remainder of this Contract. 21 AMENDMENT This Contract may be modified only bya written amendment of subsequent date hereto, approved by the City and SafabComm, 22 EXECUTION IN COUNTERPARTS This Contract may be simultaneously executed in counterpartu, each of which shall be an original and all of which shall constitute but one and the same instrument, kF 23 DESCRIPTIVE HEADINGS The descriptive headings of the sections of this Contract are inserted or annexed for convenience of reference only and shall not affect the meaning, consbuction, interpretation or effect of this Contract. 24 CONSTRUCTION AND ENFORCEMENT This Contract shall be construed and enforced in accordance with the laws of the State of Texas. In the event of ambiguity in any ofthe terms of this Cuntnsot, it aho|| not be construed for or against any party on the basis that such party did or did not author the same. 25 SURVIVAL OF REPRESENTATIONS All representation and covenants of the Parties shall survive the expiration of this Contract. 26 PARTIES BOUND This Contract ohm|| be binding upon and inure to the benefit of all Parties. This Contract is solely for the benefit of the Parties and their nuoo*aonrs in intarent, and none of the provisions hereof are intended to benefit third parties. 27 VENUE OF ACTIONS The Parties agree that if any legal action is brought pursuant to this Contnact, such action shall be instituted either in the district court of Tarrant County. Texao, or in the United States District Court for the Northern District of Texas, Fort Worth Division. 28 EFFECTIVE DATE The effective date of this Contract shall be the execution of this Contract by the City. EXHIBIT A SCOPE OF WORK FOR BASE SYSTEM EXHIBIT ADDITIONAL SERVICES & EQUIPMENT EXHIBIT PROJECT SCHEDULE EXHIBIT REQUIRED EXECUTED FORMS EXECUTED on this, the ` . day of, 20 .:_ t J: ATTET: CITY O#„ FFORT WORT( ter_. All, a a t o r .y City Secr*ary � [Li6"atson] Assistant City Manager 9 rl APPROVED A TO FORM AND LEGALITY: Contract Authorization dv"�--�DaMD Yett] City Attorney gate [SAFETYCOM, INC.] BY: —� TITLE I”, ti. t EXHIBIT "A": SCOPE OF WORK FOR BASE SYSTEM Scope Of Work: To provide and install all equipment' and services required for a base, outdoor siren warning system as described herein and defined by SafetyCom's response to City Of Fort Worth's Request For Proposals (RFP). The following equipment and services apply: Equipment Quantity Amount Total 1 Ji I ii Vortex(3) 132 $7,590.63 $ 1,001,963.16 Field Site Radio (Package Price) 132 $1,508.40 $ 199,108.80 Installation Per Site Cost 132 $4,354.66 $ 574,815.12 Smith-Roberts Engineering 132 $2,152.17 $ 284,086.44 System Optimization 132 $1,000.00 $ 132,000.00 Intrusion Alarm 132 $130.00 $ 17,160.00 Delco DC74 264 $63.00 $ 16,632.00 VE Option Solar Panels (VORTEX) 132 $1,466.25 $ 193,545.00 Shipping 132 $370.00 $ 48,840.00 Total $ 2,468,150.52 VA2000 2 $1,197.50 $ 2,395.00 SAM Software 2 $3,125.00 $ 6,250.00 E-2010 Encoder 2 $2,850.00 $ 5,700.00 Portable Encoder 1 $5,878.00 $ 5,878.00 Total $ 20,223.00 Equipment Quantity Unit Price Total Main Control Points Console Equipment: Holding a PC, Control Switch, control matrix, Radio interface. Microwave Interface, RC-232, Whelen Encoder, VA2000 2 $2,160,00 $ 4,320,00 Build Above: Wire Computer to RC232; RC-232 to Matrix; Whelen Encoder to Matrix; VA2000 to Offline Radio; CrossMatrix to Interface point to Radio (Termination Point). Matrix consists of amps, relays and bridges to allow connection of Radios, VA2000, Whelen Encoder and RC-232 to a selector switch (Four position)to a Microwave and radio interface. All supporteci by BBU, 2 $6,000,00 $ 12,000,00 Equipment: All necessary hardware and equipment required et each control Point 2 $12.724.80 $ 25,449.60 Installation 2 G1.800D Total $ 45,369'80 K4TR2000 2 $8.385.O0 $ 18.770.00 (2)S.2 Gain DB-420Antennas 2 $2.S88.00 $ 5.376.00 Two lines 7/8'. one Line Y2"with connectors, Grasps and hanger sets 2 G11.368.20 $ 22.73640 (5)SuparOax Station Jumper 15' 2 $7Q8.54 $ 1.587.08 (14)Ground Kits 2 $347.93 $ 695.86 Po|yphanero (3) 2 $324.U0 $ 648.00 Repeater Battery Backup 2 S2.212.50 $ 4.425D0 TxRxPreAmps Model#421-70-04-TK4P with test ports 2 $14.010.0U $ 28.020.00 Filtered outlet strip 2 8102.00 $ 204.00 Field 8PM. Signal relay, transition amp (2)and 3 port bridge 2 $1.800.00 $ 3,600.00 Installation 2 $11.400.00 Tmbm| $ 106.872.24 Tower Work Tower Installation and Removal 1 $30.000.00 $ 30,000.00 Dell Dimension LP4 2 $1`890�00 $ 3.780.00 Sony, 18,1'' LCD Panel 2 $1.050.00 $ 2.100.00 HP4BOO Laser Printer 2 31.365,00 $ 2,73000 Total 8,618.00 MINN low Trenching for Underground will be installed atSQ,5O per foot with o minimum base charge of$1,500 Deconstruction (Existing Sirens) 1 S49.500�00 $ 49,500�00 Extended Warranty Five Years 1 $49,36&00 Total $ 98,868.00 INI Five Year Warranty 1 $38,016.00 $ 38,016,00 Total $ 38,016.00 Total $ 2,816,109-46 The number of sirens utilized in the base system represents coverage as defined in the SafetyCom proposal to provide 70 dB coverage within the current Fort Worth boundaries. As boundaries are extended in the future through annexation of adjacent land, SafetyCom will provide additional equipment as deemed necessary by the City per the prices set forth in Exhibit "R". EXHIBIT "B": ADDITIONAL SERVICES AND EQUIPMENT The following prices for services and equipment* are valid for two years from date of signed agreement: * With the eyeeption of the Preventative Maintenance which is priced per .vear. Equipment Quantity Amount Total Vortex(3) 1 $7,590.63 $ 7,590.63 Field Site Radio(Package Price) 1 $1,508.40 $ 1,508.40 Installation Per Site Cost 1 $4,354.66 $ 4,354.66 Smith-Roberts Engineering 1 $2,152.17 $ 2,152.17 System Optimization 1 $1,000.00 $ 1,000.00 Intrusion Alarm 1 $130.00 $ 130.00 Delco DC74 2 $63.00 $ 126.00 VE Option Solar Panels (VORTEX) 1 $1,466.25 $ 1,466.25 Shipping 1 $370.00 $ 370.00 Total $ 18,698.11 VA2000 1 $1,197.50 $ 1,197.50 SAM Software 1 $3,125.00 $ 3,125.00 E-2010 Encoder 1 $2,850.00 $ 2,850.00 Portable Encoder 1 $5,878.00 $ 5,878.00 Total $ 13,050.50 Equipment Quantity Unit Price Total Main Control Points Console Equipment: Holding a PC, Control Switch, control matrix, Radio interface, Microwave Interface, RC-232, Whelen Encoder, VA2000 1 $2,160,00 $ 2,160.00 Build Above; Wire Computer to RC232; RC-232 to Matrix; Whelen Encoder to Matrix, VA2000 to Offline Radio; CrossMatrix to Interface point to Radio (Termination Point). Matrix consists of amps, relays and bridges to allow connection of Radios, VA2000, Whelen Encoder and RC-232 to a selector switch (Four position)to a Microwave and radio interface. All supported by BBU. 1 $6,000,00 $ 6,000,00 Equipment: All necessary hardware and equipment required at each control point 1 $11724�80 $ 12.724.88 Installation 1 $1.900.88 Total $ 22,684.80 R�peater Packages K8TR2800 1 $8.385.00 $ 8.385.80 (2)S.2 Gain DB-428Antennas 1 $2.688.08 $ 2.688.00 Two lines 7/O'. one Line Y6"with connectors, Grasps and hanger sets 1 $11.3G8.20 $ 11.368.20 (5) SuperOex Station Jumper 15' 1 $7g8.54 $ 798.54 (14) Ground Kits 1 $347-93 $ 347.93 Po|yphasera (3) 1 5324.O8 $ 324.80 Repeater Battery Backup 1 $2.212�50 S 2.212.50 TxRxProAmps Model#421-70-O4-TK4P with test ports 1 $14.818.08 $ 14.818.80 Filtered outlet strip 1 $102.00 $ 182.80 Field BPM. Signal relay, transition amp (2)and 3 port bridge 1 81.808.88 $ 1.800�00 Installation 1 $11.400.00 Total $ 53,436.17 NOW I Dell Dimension LP4 1 $1.890.88 $ 1.880.00 Sony, 1D.1'' LCD Panel 1 $1.850.00 $ 1.850.80 HP45OO Laser Printer 1 $1.365.80 Total $ 4,305.00 Trenching for Underground will be installed at$9.50 per foot with a minimum base charge ofO1.5OO Deconstruction (Existing Sirens) 1 $49.500.00 $ 49.500�00 Extended Warranty Five Years 1 $49.368,00 Total $ 08,868.00 Year Cost 2008 $88,266.08 2009 $91,249.47 2010 $94,333.70 2011 $97,522.18 2012 $100,818.43 2013 $104,226.10 2014 $107,748.94 2015 $111,390.85 2016 $115,155.86 2017 $119,048A3 2018 $123,071.96 2019 $127,231.79 2020 $131,532.23 2021 $135,978.02 2022 $140,574.07 2023 $145,325.48 2024 $150,237.48 2025 $155,315.50 2026 $160,565.17 2027 $165,992.27 Future Pricing In addition to the two-year pricing for services and equipment, SafetyCom will offer the same or z:' equivalent items for the duration of the contract period on a list minus 12% discount basis. SafetyCom will provide to the City such pricing on an annual basis. =CL 0 �L c CL g co Z 0 3: 0 m . . A . 0 B a) C ya .0 0 C: c 11 '2 0 ar a. iJ EF EM iy ca, "Fu C: 0 0 U) 0 qy 0 2 W > 0 E co 0 to Of 2 0 0 0 0 CL a a C- a CU cu cu cu cu cu cu a) c c c c cu cu cu cu cu co 3: 3: I? I? a) (D .2 .2 2 2 2 0 U) (n (n W) a) (D (D CL a OL CL D (D 0 0 0 0 0 0 101 I I (D ce) co CY) CY) co co co co m co co mmmmmmm m Cl) M M CY) m CV) m m CY) co C) C) (=) 9 . . 999999996099 "iR R6099999 Pombo 9999 c c c c n .0 M (L c: c c: c: c --L U. cr cr cr cu :3 =3 M -5 75 M M M M 0 0 0 0 0 M 2F 0. CL cu :3 M :3 4 5 :� :F N 4 A 4 1-- CO A C� m 0 m Lo Lo A A A A N (�NN C%4 — — — — U) 2 2 a w 2 2 - 2 , CL CL CL CL CL - E cu 0 CL CL CL CL OL cu — LOMM — m — m — cu — MG11a) Mw c W 0 " 0 — 0 0 > cr, — (D a) U) a) co 0 0 0 E c 0 0 0 '0 p �) cl CL CL CL E E Lo E- -a 'E- -a f E cu 0 -0 Q3 {U 0 0 c CL P c Cl 0 o cl c E U, CL - 0 0 4) c _Z5 0 I�ul = 5 c m 0 -0 m C� C:) C O c:> C) c) CL U U) CL CL 0 CL m (D 0 m In c e M c > cl) =) c ,r- :3 E E 0 c —x 15 Z — �P .5� — (D .Fo X X �2 9 - 2 (1) �2 2 0 � m M > -t5 E Tj a 0 0 2 N Q3 0 0 > (D U 0 L C: '�5 a 0 -- P I = �O (D — �G 0 -a V, ,S? -�; - W 0 (n cr, u > c = 0 - o 0 c Co 0 O ,C 0 00 �� OOU6 — u 0 > > 0 0 0 > > = M 0 O �> C= 0 > > = C: -0 0 C: C: c c 0 0 0 m 0 0 - 5 0 cr 0 LA 0 1) 0 0 w ul o 0 0 U, -0 0 0 CtS L 0 0) c: U W c 0 X, r_ 0 0 0 Lo cu > 1= E > E > E > E > E c c c C Q 7, = L m in a- rb CL o U) 0 U) "l (n U Of ca (r, Ca CL I 1 110 "' " " EXHIBIT D - REQUIRED EXECUTED FORMS 1. Performance Bond 2. Payment Bond PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) SafetyCom, Inc. as Principal herein, and (2) International Fidelity Insurance Company a corporation organized under the laws of the State of(3) New Jersey and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Two ilillion Eight Hundred Sixteen Thousand One Hundred Nine and 46/10bollars ($ 2,816,109.46 ) for the payment of which sum we bid ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the day of , 20___, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of Construction and Installation of an Electronic, Radio Controlled, Outdoor Warning System, Fort Worth, Texas NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the Same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument, P, SIGN'ED and SEALED this _LLL day of SafetyCom, Inc. PRIM IP ATTEST: A {Principal} Secretary Title: , AJ {S l } Address: 112 Smart house G,Iav North Little Rock. AR 72114 t A Witness as to Prin pal International Fidelity Insurance Company SURETY Al ATES ': By: � � f Name: Gilliam I�. Griffin ' Attorney in Fact (S E A Is) Address: P. 0. Box 550 ,i.ttle Rock AR 72203 Witness as to Surety Telephone Number: 501-376-0716 NQTP: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact, The date of bond shall not be prier to slate of Contract. Tel(973)624-7200 POWER OF ATTORNEY 1 ORNE INTERNATIONAL FIDELI'T'Y INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER,20TH FLOOR NEWARK, NEW JERSEY 0-102-5207 KNOW ALL IVIEN BY THESE PRESENTS. That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark.New Jersey,does hereby constitute and appoint PAMELA K. HAYS, BENSON A CASHION, CYNTHIA L. WADLEY, WILLIAM H. GRIFFIN, KERRY NEW, MATTHEW K. CASHION JR., JUDY SCHOGGEN Little Rock, AR. its true and lawful attorneys)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory to the nature thereof,which are or may be allowed, required or permitted by law,stature,rule, regulation,contract or otherwise,and the execution of such instrument is) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL � NAL FIDELITY INSURANCE COMPANY, as folly and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney} is executed,and mabe revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. ` The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove, at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is signed aril sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, I982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in tie future with respect to any bond or undertaking to which it is attached. �TY l id' IN TESTIMONY WHEREOF,INTERNAFIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be CCU j/ signed and its corporate seal to be affixed by its authorized officer,this 3lst day=of August,A.D. 1998. SEAL{yC� P�� ���G INTERNATIONAL FIDELITY INSURANCE C0.11, NY m STATE OF NEW JERSEY � - q County of Essex j Vice-Pr ident On this 31st day of August 1998, before me came the individual who executed the receding instrument, to me ersonally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INFERNATMAL I'IDELITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his signature avvre duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written, CO NOTARY PUBLIC �J A NOTARY PUBLIC OF NENV JERSEY CERTIFICATION My Cronunission Expires Nov,21,2005 In the undersigned officer of INTERNATIONAL FIDELITY INSURA—NCE COMPANY do hereby certify-That I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Lawns of said Company as set forth in said Power of Attorney,with the ORIGINALS S ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and cif the whole of the said oright its,and that the said Power of Attorney has not beets revoked and is now its full fi,rr, and etr ct LN TESTIMOONY"WHEREOF,I have hereunto set nw hand thi: gay of Assistant Sec=retary PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Safe tyCom, Inc. as Principal herein, and (2) International Fidelity Insurance Company a corporation organized and existing under the laws of the State of(3) New Jersey as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Two 1�Lillion Eight Hr&ed Sixteen MxBand Cm Hay1red .1Lam aryl 461100 Dollars ($ 2,816,109.46 for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the_day of . 20 _, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: Gaistnution arxi InstaLlaticn of an Electrcnic, Padio Cc trolled, Outdocr Lria rag Systaii, Fort l th, Texas NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 225) of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. o t /,I/ SIGSIGNED and SEALED this _ � day­�_ I ",t-- v­', 20, -Safetycom, Inc. PRINCIPAL ATTEST- "7 1 arne:, {Principal} Secretary Title: j 4.i.Lf' i" rc"JT (S E ) Address: 112 Smart House Way North Little Rock -AR 72114 Witness as to Principal International Fidelity Insurance Company Al SURETY RTES By: Name: L-dlliari E. Griffin Attorney in Fact (S E A L) Address: P. 0. Box 550 Tittle Rock, AR 72203 Witness as to Surety Telephone Number: 501-376-0716 NOTE: (1) Correct name of Principal (Contractor), (2) Correct name of Surety, (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact, The date of bond shall not be prior to date of Contract, Tel(973)624.7200 POWER OF ATTORNEY l 1 ORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE:ONE NEWARK CENTER. 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS. That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint PAMELA K. HAYS, BENSON A CASHION, CYNTHIA L. WADLEY, WILLIAM H. GRIFFIN, KERRY NEW, MATTHEW K. CASHION JR., JUDY SCHOGGEN Little Rock, AR. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety:any and all bands and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,stature, rule, reirulation, contract or otherwise,and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th clay of February, 17974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary, shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute can behalf of the Company,and attach the Seal of the Company thereto,bonds and undertaking-s,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is sided and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting,* duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding,upon the Company in t ie future with respect to any bond or undertaking to which it is attached. %ITY j � IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be PQppy- signed and its corporate seal to be affixed by its authorized officer,this 3 ist day of August,A.D. 1998, INTERNATIONAL FIDELITY INSURANCE Co NY SEAL m STATE OF NEW JERSEY JE + County of Essex � Vice-Pr :ident On this 31st day of August 1998, before me came the individual who executed the preceding instrument to me ersonally, known, and, being by me duly sworn,said the he is the therein described and authorized officer of the INTERNATIONAL 1IDELITY ANSI RXINCE COMPANY;that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. OAR Q IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, 5 N at the City of Newark,New Jersey the day,and year first above written. C NOTARY � � JE A NOTARY PUBLIC OF NEW JERSEY CE I`IFICAT ON My Commission Expires Nov. 21,2005 1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE C HPANY do hereby certify that I have saint=ared the foregoing copy of the Power of Attorney and affidavit,-anti the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the OiI61NATLS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals.and that the said Power of Attorney bas not b eery revoked and is now in full force and effect IN TES fI NIONY WHEREOF,I have hereurmo set my hand t o dart=of {� Assistant Secretary City of Fort Worth, Texas Mayor and Council Communication DATE------REFERENCE NUMBER TLOG-NAME PAGE 10/8/02 C-1 9287 36WARNINGJ 1 of 2 SUBJECT EXECUTE A CONTRACT WITH SAFETYCOM, INC. FOR INSTALLATION OF AN OUTDOOR WARNING SYSTEM RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with SafetyCom, Inc. for the installation of an Outdoor Warning System for an amount not to exceed $2,816,109.46. DISCUSSION: During the Budget Workshops of 2001, the City Council authorized the use of Certificates of Obligation in the amount of $3 million for the purchase of a outdoor siren warning system. Accordingly, the City Council authorized the sale of these Certificates of Obligation for this purpose in January 2002 and subsequently approved appropriation of these funds in March 2002. The Request for Proposals for this project was issued on October 15, 2001. A total of six responses were received and analyzed by a proposal evaluation team with representatives from Emergency Management, Fire Administration, Information Technology Solutions Department, the Purchasing Division, the Law Department, and the Internal Audit Department. SafetyCom, Inc. was ultimately chosen for contract negotiations, which commenced in March 2002. City staff judged the proposed system to be the best overall value among a wide range of warning system proposals. The successful bid was chosen over other bids due to ease of installation, superior warranty, comprehensive maintenance agreement, efficient power source, and quality of materials. SafetyCom, Inc. has recently completed the installation of a similar system in a large metropolitan area of a neighboring state. The proposed contract provides for installation of an outdoor warning system and removal of the existing sirens, poles, and associated equipment. Installation of the new system will be "turn-key", to include all necessary radio antennas and equipment, system control equipment, concrete poles, and sirens. The system will be powered by batteries charged by solar panels, which will eliminate both initial and recurring electrical supply costs. The sirens can be tested in a "silent" mode that emits no audible sounds and status checked via a two-way radio system. The system will include a 5-year warranty. Additional sirens can be purchased for up to ten years at the contract price adjusted annually to the Consumer Price Index. The expenditure for the entire project will be $2,916,784.46, which includes $100,675.00 in Information Technology Solutions Department project costs. Installation will commence immediately upon contract approval and is to be completed in April 2003. However, staff will be working with the contractor to expedite the completion of this project, ideally, by February/March, the beginning of the severe weather season in Texas. M/WBE - SafetyCom, Inc. is in compliance with the City's M/WBE Ordinance by committing to 31% M/WBE participation. The City's goal on this project is 25%. City of Fort Worth, Texas Mayor and Council' Communication DATE REFERENCE NUMBER I LOG NAME — ] '5�� 10/8/02 C-'19287 _ 36WARNING 2 of 2 SUBJECT EXECUTE A CONTRACT WITH SAFETYCOM, INC. FOR INSTALLATION OF AN OUTDOOR WARNING SYSTEM FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital project, as appropriated, of the Fire Services Fund. LW:n I Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT I CITY SECRETARY Office by �L.rbby Watson 6183 0 iai ti na g Department Head. Jim Tidwell(Interim) 6801 (from) APPROVED 10/08/02 C1 2 41 01 1 0201320020 01 $2,816,1 9A6 FN—dditi0ftal InfOrmation Contact' 0132 1 537080 1, 02013200200-1 1 $ 100 615-00