HomeMy WebLinkAboutContract 41910-A3AMENDMENT NO. 3 TO
CITY SECRETARY CONTRACT NO. 41910
SYSTEM PURCHASE AGREEMENT
BETWEEN CITY OF FORT WORTH
AND
MOTOROLA SOLUTIONS INC.
This Amendment No. 3 ("Amendment") to City Secretary Contract No. 41910 System Purchase
Agreement ("Agreement"), is made and entered into by and between the City of Fort Worth (the "City"), a
home rule municipal corporation situated in portions of Tarrant, Denton, and Wise Counties, Texas acting
by and through Susan Alanis, its duly authorized Assistant City Manager, and Motorola Solutions Inc.,
("Consultant"), acting by and through Dan Delaney its duly authorized MSSI Vice President collectively
referred to as the "Parties."
RECITALS
The following provisions are true and correct and form the basis of this Amendment:
WHEREAS, on or about June 14, 2011, the parties entered into a System Purchase Agreement
("Agreement") to purchase a P25 Radio Communication System. The Agreement is a public document
on file in the City's Secretary Office and referenced as City Secretary Contract No. 41910, and
WHEREAS, on or about May 23, 2012, the parties subsequently amended the Agreement via CSC No.
41910-A 1, to incorporate changes agreed to during the Design Review and in accordance with the
Agreement, to modify pricing structure, system description, scope of services, acceptance testing,
equipment, L TE services, and other items as deemed necessary and agreed to by the Parties; and further
amended the Agreement on or about May 23, 2012, via City Secretary Contract No . 4191 O-A2, to extend
the pricing provision and modify provisions for equipment storage. City Secretary Contract Nos. 41910,
41910-A 1 and 4191 O-A2 are hereby collectively referred to as the ("Agreement"); and
WHEREAS, the Parties wish to further amend the Agreement to incorporate changes agreed in during
the Design Review and Planning and incorporate changes in the Astro Repeater Site (AAS) site location
from Texas Motor Speedway ("TMS") to American Tower Corporation Roanoke Site ("Roanoke ATC").
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the City and Consultant agree as follows:
1.
The Agreement shall be modified to incorporate changes for work at radio sites due to information
gathered through further site walks and construction planning, and to incorporate changes in the AAS site
location from TMS (Texas Motor Speedway) to Roanoke ATC Site, that have resulted from the initial
Design Review and Change Order 3, which are fully set forth herein in Exhibit A, Change Order 3, which
is attached hereto, incorporated herein and hereby made part of the Agreement.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
08 -01 -1 2 Al0 :J5 I N
..
2.
All other provisions of the Agreement that are not expressly amended herein shall remain in full
force and effect.
Executedonthisthe l~ dayof ~20 /~
CITY OF FORT WORTH:
By ~Q.o,~
S san Alanis
:::C:ty Manager
Date: I / :s I / 1 Y
Contract Authorization:
M&C: G-17303
Date Approved: June 14, 2011
CFW I Motorola
Amendment No.2 to CSC No.4 1910
Page 2 of2 OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
,,
'·
MOTOR O L A SOL UTIONS CHANGE ORDER
EXHIBIT A
Change Order No. --=-3 ___________________ _
Date: May 15, 2012
Project Name: Fort Worth P25 Upgrade Project -TX-101192A
Customer Name: City of Fort Worth
Customer Project Mgr: Alan Girton __:_=:.:..:......=...:.:...::..::..:..:____ _______________ _
The purpose of this Change Order is to:
Make various specific changes for work at radio sites due to information gathered through further site walks
and construction planning . Also to incorporate changes in the Astro Repeater Site (ARS) site location from
TMS (Texas Motor Speedway) to Roanoke ATC site.
Contract# City of Fort Worth : Contract 41910
Motorola Solutions Contract: 11-11006/DL
Contract Date: 6/23/11
In accordance with the terms and conditions of the contract identified above between the City of Fort
Worth and Motorola Solutions , Inc ., the following changes are approved :
C P. Ad" ontract rice IJustments
Original Contract Value : $39 ,345 ,641.55
Previous Change Order amounts for Change Order numbers
I 0 I through I 2 I No Price Adjustments
Reduce project credit from $3 ,199 ,342 .79
This Change Order: to $3,083,432 .19. Total purchased with
credit in this chanae order is $115 ,910 .60
New Contract Value : $39 ,345,641 .55
C omp etion Date Adjustments
Original Completion Date : 12/31/2014
Current Completion Date prior to this Change Order: 2/28/2015
New Completion Date: N/A
Changes to System Purchase Agreement (SPA) Provisions:
There are no changes to the System Purchase Agreement (SPA) Prov isions with this change order.
Changes in Equipment:
For change from TMS site to Roanoke site :
1. Change coaxial cable type and length to match new Roanoke Tower
2 . Remove 16 kW UPS as originally quoted and no longer needed
3. Add outdoor DC power system , cabinet , and DC powered TTA
4 . Add outdoor 3-bay P25 cab inet with HVAC and ground bus
5. Change L TE eNodeB from indoor AC to outdoor DC powered unit
Rema ining site equipment changes :
1. Add cable ladder for 250 foot North Beach tower
Fort Worth P25 Upgrade Page 1 of 2
Project
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MOTOROLA SOLUTIONS
CHANGE ORDER
2 . Remove cable ladder for 510 foot Bergh 2 tower
Changes in Services:
Changes in Services include:
1. Add installation of cable ladder for 250 foot North Beach tower
2 . Add installation of two 2 " conduits between old and new shelter at North Beach s ite
3 . Remove installation of cable ladder for 510 foot Bergh 2 tower
4 . Remove existing foundation material (debris) in area of new shelter placement at Bergh 2 site
5. Transfer tower light power and alarms into new shelter, and alarms for artistic lights at Rolling Hills
site
6 . Add gravel and barrier for short access road and area under tower, and protective bollards for
generator at Rolling Hills site
7. Perform design change work for Burnett Plaza site , including:
a. Site walks and investigation of new site
b . Coverage Map Updates
c . Equipment List Updates (UPS , antenna systems , etc.)
d . Drawings Updates
e . System Description , SOW, Change Order Updates
8. Please reference the attached "Exhibit J -Roanoke ATC Site Statement of Work" for deta ils in
changes of the scope of work related to the City's site change from TMS (Texas Motor Speedway) to
Roanoke ATC. This Exhibit J replaces all work previously described and proposed for the TMS site in
the original contract Statement of Work.
9. Install five 1 5/8" coaxial cables on tower leqs instead of oriqinallv planned cable ladder at Berqh 2
Schedule Chan es:
There are no schedule changes w ith this Change Order.
Pricing Changes:
The Price of the contract is not altered with this Change Order. As a result of this change order, the
outstanding project purchasing credit remaining available for the City of Fort Worth is changed from
$3 ,199,342 .79 to $3 ,083,432 .19. Total purchased with credit in this chanqe order is $115 ,910.60 .
Warranty Changes:
There are no Warranty changes with th is Change Order.
Customer Responsibilities:
Please refer to the attached Exh ibi t J -Roanoke A TC Site Statement of Work for updated customer
responsibilities .
Payment Schedule Changes:
There are no Payment Schedule Changes with this Change Order.
Unless amended above, all other terms and conditions of the Contract shall remain in full force. If there
are any inconsistencies between the provisions of this Change Order and the provisions of the Contract ,
the provisions of th~e O rder will prevail.
Reviewed by: \ ~~ ~~ Date: ;JJ ~/,;?
Motorola S · s Project Manager
Reviewed by: :ftS~~~~~~?t~~~
City of 1ect Manager
Date: 7 Sh.ol'l-
7
Fort Worth P25 Upgrade Page 2 of 2
Project
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City of Fort Worth P25 Upgrade Project
Exhibit J
Change Order #3
Roanoke ATC Site Statement of Work
May 7, 2012
Except where specifically stated, general provisions of the origi nal contract and Statement of Work will
still apply.
Summary
This site will include a ground-level platform, with 3 outdoor cab i nets. These cabinets will house P25 and
LTE equipment, the DC power system, and potentially microwave equipment in the future. Th is site will
include installation of 3 cellular style antennas and 2 P25 antennas at different locations on the tower.
City of Fort Worth site responsibilities :
1. Perform or obtain any necessary structural and/or soil analysis required for construction
2. Provide and Install ground-level platform for mounting outdoor communication equipment
cabinets
3. Install 3 LTE antennas and 2 P25 antennas with one TIA
a. Motorola to provide all antennas , coaxial cable, TIA, ground kits, coaxial connectors,
and surge protectors (shipped to MTSI)
b. City of Fort Worth to supply all necessary mounts, mounting hardware, ground wire,
ground bus bars , and any other equipment needed to complete the installations
c. Install 3 LTE antennas and six 7 /8" coaxial cables at the 240 ' level of the tower
d. Install! P25 Transmit antenna with 1 5/8" coaxial cable at the 318' level on the tower
e. Install! P25 Receive antenna with 7 /8" coaxial cable and 1 TIA with Yi " coaxial cable on
the tower at the 318 ' leve l (or lower, as specified by the Project Engineer)
f. Ground each antenna , each coaxial cable, TIA, and each surge protector to appropriate
bus bar or grounded platform . Coaxial cables should be grounded at top and bottom of
tower to appropriate bus bars/tower steel per Motorola R56 standards.
g. Provide, install , and ground ice bridge to support all coaxial cable runs between tower
and platform, per Motorola R56 standards
h. Install and ground all coaxial cable surge protectors on outside of each outdoor
communications equipment cabinet (LTE and P25)
i. Terminate all antenna system coaxial cables to appropriate Motorola-provided surge
protector and mount to external ground bus bar
j . Provide and install external ground bus bar on the LTE and P25 outdoor cabinets,
properly grounded to the platform or ground halo
k. Provide and install internal bus bar inside the LTE and P25 outdoor cabinets, and
connect to the external bus bar per Motorola RS6 standards
I. Allow for Motorola System Technologist to sweep and test antenna systems, including
TIA, during installation
4. Provide and install electrical power and all necessary electrical hardware, including, but not
limited to: unistrut racks (H-frame) for mounting main electrical panel, electrical meter,
transformer, disconnects, Motorola-supplied Type 1 and 2 surge protectors, etc.
5. Provide single-point ground system around platform, per Motorola R56 standards, including
connection to the tower ground system
6. Ground platform, H-frame, and other City-provided hardware to ground system
7. Provide any needed electrical power backup, other than the Motorola-supplied DC power
system
8. Provide and install all telco links to demarcation on H-frame on platform or in close proximity to
the platform
9. Supply and install sealtight flexible conduit for connection between City-supplied electrical
panels on H-frame and DC power system cabinet for all necessary electrical circuits
10. Provide all required permits
Motorola tasks :
1. Perform site walks and information gathering for the site plan
2. Specify final power requirements for Motorola-provided equipment
3. Provide and install!) 3-bay HVAC equipped outdoor cabinet for P25 system; 2) outdoor fan-
equipped LTE cabinet; 3) outdoor DC power system and cabinet
4. Provide all communications equipment, including equipment to be installed inside cabinets, all
antennas, TIA, ground kits, coaxial cable, coax connectors , surge protectors, and DC power
system
5. Specify antenna orientations (City to install)
6. Transport Motorola-provided communications equipment and cabinets from local warehouse to
site
7. Place all Motorola-provided cabinets and hardware on City-provided platform .
8. Install Type 1 and Type 2 surge protectors on City-provided H-frame
9. Connect City-provided seal tight protected circuit conduits into DC power cabinet and wire all
internal electrical inside and in-between cabinets
10. Install required electrical circuit box inside P25 cabinet, connected to the DC power system
cabinet, which will be used to plug in P25 communications equipment
11. Ground all cabinets and Motorola-provided devices to City-provided single-point ground system,
per Motorola R56 standards
12 . Provide and install jumpers between antenna system surge protectors and appropriate
communications equipment inside LTE and P25 cabinets
13 . Test and document all City-installed antenna systems during installation
14. Connect City-provided telco links from demarcation on H-frame to equipment inside cabinets
15 . Install and program applicable MOSCAD and/or LTE system alarms, including, at minimum:
a. Cabinet door open
b. Power outage
c. HVAC failure (as available)
d. Fan failure (as available)
16. Provide A&E drawing package for the site plan per the site walk, including:
a. Site Plan
b. Electrical drawing
c. Elevation drawing
17. PM, engineering support, and audits of the work specified above
18. Test and verify proper operation of all communications equipment
COUNCIi: ACTION: A roveit on 6/14/2011 -19735-06-2011
6/14/2011 REFERENCE NO.: G-17303 LOG NAME: 13TAX
NOTES 11 IATE:
:ODE: G TYPE: NON-CONSENT PUBLIC HEARING: NO
,UBJECT: Approve One-Time Exception to the Financial Management Policy Statements to Allow the Use
of Debt 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,
Adopt Ordinance Authorizing Issuance of Tax Notes in the Principal Amount of $43,050,000.00,
Approving the Sale of the Notes to JP Morgan Chase, Providing for the Levy, Assessment and
Collection of a Tax Sufficient to Pay the Interest on Said Notes, Create a Sinking Fund for the
Payment of the Principal Thereof and Ordaining Other Matters Related Thereto, 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 a Houston-Galveston
Area Contract, and Authorize Execution of Amendment No. 2 to City Secretary Contract No.
40264 with Buford Goff & Associates to Provide Engineering and Quality Assurance Services in
the Amount Not to Exceed $2 ,900 ,000.00
lECOMMENDATION:
It is recommended that the City Council :
1 . Approve a one-time exception to the Financial Management Policy Statements to
allow the use of debt 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 Tax Notes in the
principal amount of $43,050 ,000.00, approving the sale of the notes to JP Morgan
Chase; providing for 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 No. 40264
with Buford Goff & Associates to provide engineering and quality assurance services
in the amount not to exceed $2,900,000.00.
HSCUSSION:
If approved, this M&C will approve a one-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
communications system instead of using the lease-purchase agreement previously
approved , and authorize the execution of the related purchase and services
agreements.
The FMPS , adopted 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 a one-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 standard 10-year issue for
the first s ix 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 City Council 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 recommendation
was to fund this project via a lease-purchase agreement with Motorola. On today's
Agenda is M&C G-17302 for separate consideration 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 $500,000.00 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 will 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 acqui red in 1992, which is no longer supported by the
manufacturer.
On September 16 , 2008, M&C C-23055 was approved, authorizing Buford Goff and
Associates, Inc., (BGA) to perform an assessment of the public 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 Council approved M&C 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
current 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 for Police, Fire, Water, Transportation and Public
Works, Parks and Community Service and other City departments.
. ~ •
. ·,
On .June 15 , 2010, M&C C-24272 was approved to authorize the acquisition of the
Project 25 (P25) standard master switch, or the core, of a current generation radio
system along with one small site to operate as a potential backup to 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, Inc.; $2,900,000.00 for
engineering, consulting, and other professional services from BGA through March
2015; and additional costs for project management and site construction. Additional
M&Cs will be submitted to the City Council for approval of these other project costs
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 Fort Worth and at Texas Motor Speedway, and
it will provide additional security features which will help prevent unauthorized
monitoring of public safety communications transmissions. Public works personnel
will also utlize a segment of this system, and if a significant event occurs, public
safety personnel will 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 & 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 other 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
Control and Prevention District (CCPD) will transfer funds, at a future 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 five
percent to 25 percent, which remain unchanged from the previous purchase
Agreement approved by City Council on March 18, 2008, M&C P-10750. 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 sat isfies 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 government entities.
M/WBE -Buford Goff and Associates, Inc., agrees to maintain its initial M/WBE
commitment of five percent 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 in compliance 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 M/WBE 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.
:1SCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds will be available
upon completion of the sale, closing and delivery of approximately $43,050,000.00
City of Fort Worth, Texas, Tax Notes, Series 2011.
The Financial Management Services Director also certifies that funds will be
available to make the debt service payments on these obligations, and funds will be
available in the General Fund, as appropriated, to satisfy the City's obligations.
TO Fund/Account/Centers
tubmitted for City Manager's
)ffice by:
>riginating Department Head:
~dditional Information Contact:
~TTACHMENTS
note ord draft 060611.doc
FROM Fund/Account/Centers
Karen Montgomery (6222)
Lena Ellis (8517)
James Mauldin (2438)