HomeMy WebLinkAboutContract 28214-A2CSC No. 28214-A2
SECOND AMENDMENT TO
FORT WORTH CITY SECRETARY CONTRACT NO. 28214
BETWEEN CITY OF FORT WORTH AND SAFETYCOM, INC.
This Second Amendment to Fort Worth City Secretary Contract No. 28214 is made
between the City of Fort Worth ("Fort Worth" or "City"), a municipal corporation, and SafetyCom,
Inc. ("Vendor"). City and Vendor may be referred to herein as a "Party" and collectively as the
"Parties".
WHEREAS, City and Vendor entered into an Agreement identified as Fort Worth City
Secretary Contract No. 28214 ("Agreement") with contract period from November 19, 2002 to
April 27, 2028;
WHEREAS, the Parties wish to amend the contract to increase the total annual
compensation from $2,816,109.46 to a new total not -to -exceed amount of $2,866,109.46 per year
to cover an increase in maintenance costs; and
NOW THEREFORE, known by all these present, Parties, acting herein by the through
their duly authorized representatives, agree to the following terms, which amend the Agreement
as follows:
I.
AMENDMENTS
The following term is hereby amended to either replace any conflicting term in the
Agreement or shall be added to the terms and shall be binding and enforceable as if it was originally
included therein:
5. Compensation and Payment. City shall pay Vendor in accordance with
the provisions of the Agreement. Total annual payments made under the
Agreement by City will be based on the units of service actually requested by
City and provided by Vendor and shall be in an amount not to exceed two
million eight hundred sixty-six thousand one hundred nine dollars and forty-
six cents ($2,866,109.46). Vendor shall not perform any additional services or bill
for expenses incurred for City not specified by the 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.
II.
ALL OTHER TERMS SHALL REMAIN THE SAME
All other terms, provisions, conditions, covenants and recitals of the Agreement not
expressly amended herein shall remain in full force and effect.
OFFICIAL RECORD Page 1 of 3
A2 to Fort Worth City Secretary Contract No. 28214 CITY SECRETARY
CFW and Agreement SafetyCom, Inc. FT. WORTH, TX
III.
ELECTRONIC SIGNATURE
This Amendment 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 an original.
[SIGNATURE PAGE FOLLOWS]
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 2 of 3
A2 to Fort Worth City Secretary Contract No. 28214
CFW and Agreement SafetyCom, Inc.
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth
By: Dana Burghdoff (Jun 4, 2024 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date: J u n 24, 2024
Approval Recommended:
By: J s Davis 24, 202409:38 CDT)
Name: James E. Davis
Title: Fire Chief
Attest:
By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
SafetvCom, Inc.
By: P 0\ Pi
Name: David B. killer
Title: President
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.
By: Br a Ra`y (Jun 24, 2024 09:02 CDT)
Name: Brenda Ray
Title: Fire Purchasing Manager
Approved as to Form and Legality:
By:
aavvpp
�bo� FORr�aa Name: Andrea Phillips
;moo °°90, Title: Assistant City Attorney
?aaann� 44°° Contract Authorization:
gpq
cA M&C: C-19287 & G-16901
Date Approved: 10/08/2002 & 04/27/2010
Form 1295 Certification No.: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 3 of 3
A2 to Fort Worth City Secretary Contract No. 28214
CFW and Agreement SafetyCom, Inc.
CITY SECRETARY
'%"ONTRACT NO
CONTRACT FOR AN ELECTRONIC, RADIO CONTROLLED, OUTDOOR SIREN WARNING
SYSTEM
This contract for the development and installation of an e|ectnonic, radio cnntro|nd, outdoor
siren warning system is entered into this / "� ,�� day of
2002. by and between, The City ofFort Worth, n Texas home -rule municipal corporation
("City") and SofetvCom. Inc., an Arkansas corporation (^8afeh/Com''), doing business in
Texas,
WHEREAS, the City of Fort Worth and SafetyCom desire to enter into a contract for
construction and installation of an e}eotounic, 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
tothe project, the parties agree to the following:
1DEF|NN[|ONS
All benna and phrases not expressly defined herein ohoU have their ordinary meon/ngo,
consistent with local and state }avv except where the context clearly 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 GafetvCnrn with respect to the sale and
installation by 8afehKCom of an outdoor siren warning synhem, including the duties.
obligations and rights nfthe Parties, and any amendments thereto.
1.2 The Parties
The City cfFort Worth, oTexas home -rule municipal corporation, and SafetyCom,}no,
anArkansas 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 /nfonnation, uye0mnn denign,
equipment opedfications, furnish new equipment and /natmU new equipment and
provide for maintenance and technical support in order to replace and enhonoeCit/m
existing outdoor siren warning system.
1.5 System
The electronio, radio contndled, 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.
1.6Vendor Proposal
SoymtyCon7'aresponsive proposal bnthe FlFP, supplemented by representations made
|nsubsequent correspondence,
SafetyCom agrees to devmlop, equip and inobs|| a cornp|ab*, functional electrnnkz, radio -
controlled, outdoor siren warning system ^). aospecified within the RFP.which is
incorporated herein by rofenenoe, and as outlined by Safeh/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
SafetyCom 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 ofExisting 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 budelivered tothe City Radio Shop.
2.3Additional 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 ofCity 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 ofnot 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 (596)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 bmconstrued toallow
/nc|us}on of any equipment model, product, or service that changes the scope of the
intent, technical specifications, orapplications described |nthe RFP-
2.4CabNn0aodVVirio0Uwside 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 bepurchased and installed bythe Cihy'm|TSolutions Department.
ni
Contract may be extended for an additional three (3) fiscal years upon approval by City; and
with the approval of om; provided that in noevent 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 onExhibit Bhereto.
4RESPONSIG8ILITIES OF THE CITY
4.1Obl
The City agrees hnprovide 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
orany 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 System, the City shall oarhonn 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
5 COMPENSATION AND PAYMENT
Under the terms of this Contraot, SafetyCom 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 asset forth inthe following
|Milestone Payment Percentage
Delivery of the plan order of equipment | ' 1596
|and initiation cfimplementation
' �nm�nea� Payments begin based on Progress payments associated with siren
�
instaUaUon These payments will be
equipment that is installed and �
openabona/ based on o percentage of system
completion.
|30-DavTest Period
| Final Acceptance; Warranty Begins 5%Rebe|nage
This schedule begins with a 15% payment at time of delivery of the plan, order of equipment
and initiation of implementation and includes progress payments based on the percentage of
the Svstem successfully installed and deemed operational by the Project Manager up to
80% of the total base System price, The last payment, equal, to 50j,,,,--' ' as�"
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.
6RECOR0S AND ACCOUNTS
During the term 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 ofany outstanding disputes
between the CUy. 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 beinsufficient detail and condition aatopermit
periodic audits bythe City asnecessary toresolve any disputes.
7TERMINAT|0N
This Contract may beterminated asfollows:
7.1Discretionary Termination
The City, in its sole diooretion, may terminate this Contract after giving ten (10) days
prior written notice tnSafebxCom. The method ofnotification must beaccording tothe
terms set forth insection 1Onfthis agreement.
7.2Ternninatimn 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(3U) 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 termination, SafetyCorn shall (a) immediately
discontinue all work and services affected unless the notice directs otherwise, and
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
orincomplete, unless the notice directs otherwise. Inthe event nfthe 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 /n 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 SafetyCom 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 Cih/'srights 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 tnthe 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
boany other rights and remedies provided bylaw orunder this Contract.
8 INDEMNITY AND INSURANCE
8.1 Indemnity
SafetyCom assumes all risks incident to or in connection with its purpose to be
conducted hereunder and shall indonnnifv, defend and smma harmless the Cih/, 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 ofits employees and shall indernnifv, defend, and save harmless the City
from any penalties for violation ofany 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 TO, ARISING OUT OF
OR IN CONNECTION WITH THIS CONTRACT.
8.2|nsuramce
8afehConn 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
Comprehensive General Liability Coverage sufficient to meet the City's maximum
liability under the Government Tort Claims Act (51 O.S. § 151 et seq.) as it may be
amended from time to time. The current required minimum General Liability
Coverage is $250,000 for each single occurrence of personal injury or death,
$100,000 for property damage and $500,000 for any number of claims arising out
of a single accident or occurrence,
_A,11�0101 MOM"
Any lapse ofinsurance coverage shall be a nnabeha| breach of contract, and the City
may, at its opUon, suspend the Contract until there is full comp|ianma. orterminate the
contract for non-performance.
9ASS1GNMENT
Inasmuch aathis Contract includes system development services, and relies upon financial
standing and unique ability and expertise ofSafohConn to dowe|op, equip and install an
outdoor warning symhann. the parties agree that SafedvCorn 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 tothe 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. /n 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 of8ahehxConntoboperformed, kept, and observed.
ill�e D&K
10L1Genena!
With the exception listed below(1O.2). all notices and orders given pursuant tothis
Contract shall be in writing, delivered hoeither party using either atraceable delivery
service or certified mail. Notices and orders are to be addressed as follows:
To the City of Fort Worth:
Office of the City Manager
1OOOThrockmortonSt.
Fort Worth, TX7G1U2
Attn: Libby Watson
(817)871-G183Phone
(817)871-G134Fax
To :
SafetyCom, Inc.
112Smart House Way
North Little Rock, AR 72114
Attn: Jon -Claude Jenkins
(5O1)375-63DUPhone
(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 re Preventive
Maintenance/Warranty Work
Prior to performing any Preventive Maintenance and /or Warranty work, notice must be
provided to the Emergency Management Office either in person or by telephone so as
to ensure actual awareness of the contemplated work by Emergency Management
personnel, Messages left on answering machines or unacknowledged e-mail is not
sufficient. Emergency management personnel will provide Contractor with appropriate
contact information and procedures so as to ensure this requirement is met.
�
..��"° �
11GUARANTEE, 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. SafetyCom 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.
12VVARR4JNTY
SafetyCom warrants that at the time ofSystem acceptance, all items furnished under this
contract will be free from defects in mabarial 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.
Except those documents and materials identified by SafetyCom as being proprietary or
confidendo|, all other documunts, notes, drevvnQs, speuificationo, reports, esdmahen,
sumrnories, nenderinys, mode!s, phoh>gnaphs, field nobes, as -built drovvngs, infunnaDon,
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 orpart without permission or any
additional payments orfees toGofebCnm.
14COMPLIANCE WITH LAWS, ORDINANCES, SPECIFICATIONS, AND REGULATIONS
SafetyCom shall comply with all existing f*dera|, ababa and local |ovvs, stondards, oodem,
ordinanoee, administrative regulations and all amendments and additions thereto, pertaining
inany manner bothe work and/or services provided under this Contract.
In providing the work and services herein, SafetyCom shall maintain during the course of this
Contract the standard of reasonable care, skill, diligence and professional competency for
such work and/or services. SafetyCom agrees to require all of its sub -contractors, by the
terms of its sub -contracts, to provide services at the same standard of reasonable care, skill,
diligence and professional competence required of SafetyCom.
1GTIME IS0FTHE ESSENCE
Both the City and SafetyCom expressly agree that time isof 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 SofehxCom
concerning the Contract. Neither the City nor8ofatyCorn 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.
SafetyCorn 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 causes may
include, without |innitation, firas, floods, stonno, oadhquakeu, civil dioturbonneu, disruption of
te|ecomrnunicatinns, transportation, utilities or governmental ection, and those hindrances
and delays attributable to the Cihy, or delays of subcontractors due to such causes.
No payment, compensation or adjustment of any kind other than an approved extension of
time uheU be made to SafetyCom for damages because nfhindrances ordelays 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 ordamages for
any such delays and will accept as full satisfaction for such delays the extensions of time.
20 SEVERABILITY
|nthe event that any provision, clause, portion orsection ofthis Contract isunenforceable mr
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.
This Contract may be modified only by a written amendment of subsequent date hereto,
approved bythe City and SafabxComm,
This Contract may be simultaneously executed in counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument,
23DESCRIPTIVE 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, consbucbon, interpretation
or effect of this Contract.
24CONSTRUCTION AND ENFORCEMENT
This Contract shall be construed and enforced in accordance with the |avva of the State of
Texas. In the event of ambiguity in any of the terms of this Contract, it shall not be construed
for or against any party on the basis that such party did or did not author the same.
25SURVIVAL OF REPRESENTATIONS
All representation and covenants ofthe Parties shall survive the expiration ofthis Contract.
This Contract ohm| be binding upon and inure to the benefit of all Parties. This Contract is
oo|ek/ for the benefit of the Parties and their nuoo*aonrs in intaren, and none of the
provisions hereof are intended to benefit third parties.
The Parties agree that ifany legal action is brought pursuant to this Contract, such action
shall be instituted either in the district court of Tarrant County, Texas, 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 ofthis Contract bythe City.
EXHIBIT A
EXHIBIT D
EXECUTED on this, the
ATTE$T:
All,
City Secretary
I
day of'/v 20
CITY 0 RT WORTH-----��
Y-
[Li6"atson]
Assistant City Manager
APPROVED AkTO FORM AND LEGALITY
L qv
Da i Yettf
City Attorney
Contract Authorization
Date
[SAFETYCOM, INC.]
BY: :
TITLE: V1, is
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:
am=
Quantity Amount Total
M-11" "I _0
Vortex(3)
Field Site Radio (Package Price)
Installation Per Site Cost
Smith -Roberts Engineering
System Optimization
Intrusion Alarm
Delco DC74
VE Option Solar Panels (VORTEX)
Shipping
Total
VA2000
SAM Software
E-201 0 Encoder
Portable Encoder
Total
nt
Main Control Points
Console •
Holding a PC, Control Switch, control matrix, Radio interface.
Microwave Interface, RC-232, Whelen Encoder, VA2000
Build Above:
Wire • to RC232; RC-232 to Matrix; Whelen Encoder 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,
132
$7,590.63 $
132
$1,508.40 $
132
$4,354.66 $
132
$2,152.17 $
132
$1,000.00 $
132
$130.00 $
264
$63.00 $
132
$1,466.25 $
132
$370.00 $
2 $1,197.50 $
2 $3,125.00 $
2 $2,850.00 $
1 $5,878.00 $
Unit Price
2 $2,160,00 $
2 $6,000,00 $
1,001,963.16
199,108.80
574,815.12
284,086.44
132,000.00
17,160.00
16,632.00
193,545.00
48,840.00
2,468,150.52
Total
2,39500
6,250.00
5,700.00
5,878.00
Equipment:
All necessary hardware and equipment required eteach control
Point 2 $12.724.80 $ 25,449.60
Installation 2 G1.800D0 $ 3.600.08
Repeater Packages
K4TR2000
2
$8,3V85.00$
18,770.00
(2)9.2 Gain DB-420Anbannao
2
$2.688.00 $
5.376.00
Two lines 7/8'.one Line Y2"with connectors, Grasps and hanger
sets
2
G11.368.20$
22.73640
(5)SuparOaxStation Jumper 15'
2
$798.54$
1.587.08
(14)Ground Kits
2
$347.93$
695.86
Po|yphanero(3)
2
$324.00$
648.00
Repeater Battery Backup
2
S2.212.50 $
4.425D0
TxRxPreAmps Model #421-70-04-TK4Pwith test ports
2
$14.010.00$
28.020.00
Filtered outlet strip
2
8102.00 $
204.00
Field 8PM.Signal relay, transition amp (2)and 3port bridge
2
$1.800.00 $
3,600.00
Installation
2
$11.400.00 G
22.800.00
Tmbm|
$
106.872.24
Tower Work
Tower Installation and Removal 1 $30.000.00 $ 30,0K00D0
Dell Dimension LP4 2 $1`89010$ 3.780.00
Sony, 18,1^LC[}Panel 2 $1.050.00$ 2.100.00
HP45OOLaser Printer 2 $1.3@5,OU� 2.73O�OO
- —
Total $ 8,618.00
Trenching for Underground will beinstalled adSQ,5Oper foot with
ominimum base charge of $1,500
Deconstruction (Existing Sirens) 1 S49.500�00 $ 49,500�00
Extended Warranty Five Years 1 $49,36&00 4�.�8�,O0
==�_~� _�
Total 98,868.00
Five Year Warranty 1 $38,016.00 $ 38,016M
Total $ 38,016.00
Total 2,816,109-46
The number of sirens utilized in the basesystem represents coverage as defined in the SqfetyComproposal
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 setf6rth in Exhibit "B "
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)
Field Site Radio (Package Price)
Installation Per Site Cost
Smith -Roberts Engineering
System Optimization
Intrusion Alarm
Delco DC74
VE Option Solar Panels (VORTEX)
Shipping
Total
VA2000
SAM Software
E-201 0 Encoder
Portable Encoder
Total
Main Control Points
Console Equipment:
Holding a PC, Control Switch, control matrix, Radio interface,
Microwave Interface, RC-232, Whelen Encoder, VA2000
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 $7,590.63 $
7,590.63
1 $1,508.40 $
1,508.40
1 $4,354.66 $
4,354.66
1 $2,152.17 $
2,152.17
1 $1,000.00 $
1,000.00
1 $130.00 $
130.00
2 $63.00 $
126.00
1 $1,466.25 $
1,466.25
1 $370.00 $
370.00
$
18,698.11
1 $1,197.50 $
1,197.50
1 $3,125.00 $
3,125.00
1 $2,850.00 $
2,850.00
1 $5,878.00 $
5,878.00
$
13,050.50
1 $6,000,00 $ 6,000,00
Equipment:
All necessary hardware and equipment required ateach control
point
1
$11724]]0$
12.724.88
Installation
1
$1.900.88 $
1.800I0
Total
$
22,684.80
Repeater Packages
K8TR2800
1
$8.385.00$
8.385.80
(2)S.2Gain DB-428Antennas
1
$2.688.08 $
2.688.00
Two lines 7/O'.one Line Y6"with connectors, Grasps and hanger sets
1
$11.368.20$
11.368.20
(5)SuperOexStation Jumper 15'
1
$798.54$
798.54
(14)Ground Kits
1
$347-93 $
347.93
Po|yphasera(3)
1
5324.08$
324.80
Repeater Battery Backup
1
$2.212�50S
2.212.50
TxRxProAmps Model #421-70-O4-TK4Pwith 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 3port bridge
1
81.808.88 $
1.800�00
Installation
1
$11.400.00$
11.488.00 -
Total
$
53,436.17
Dell Dimension LP4
Sony, 1D.1^LCOPanel
HP45OOLaser Printer
Total
1 $1]890.88 $ 1,880l0
1 $1.850.00 $ 1.850.00
1 $1.365.80 $ 1.365.00
Trenching for Underground will beinstalled at $9.50per foot with a
minimum base charge of0.500
Deconstruction (Existing Sirens) 1 $49.500.00$ 49.500�00
Extended Warranty Five Years 1 $49.368,00$ 49,36800
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
$119,048.13
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.
EXHIBIT "C": PROJECT TASK LIST
'
_
Esiab-Psh Local
02
_____~
- -- - -
Cmoyi|esite inspection data
- - --
21'Dct-02
- -
Examples to include I file from 1 day evailWritten description, field photos, video, GIS '
coordinates. ROW inspection, Radio |
evaluation, ambient sound measurement,
lathe and painting of site, site written _
Equipment Order !oVVh�|�n
28-Oct-U.
nmhzr Down payment -- - '
21-Oct-2
| - -- -- --- ---
-- - -- -- -
Bes',lno��|�U nof�-`minfra—structure
21-N l2
- -- '-- -- -- -
-- - - -- --- -- i
__ _
_ _
4-N0w'02
List all City Entities we feel we need inputtParks
and Community Services, TXU,
Electrical inspector, Planning Oepi,{yKS.Pole
address assignee, School officials.
Radio Communications group, Omntny>
Dispatch, Dept, oYEngineering, Dept- of
_
Transportation and Public Works _
training class
4-Nov-02
Aesthetics. FlO\N, Power, Terrain,
Cov�mxQ�OveMapeA
� _ � �
5'Mmx-02
12-N O_Videopresnnareviewand
approval
Su'cnn(naooxK8eebnQ
13-Nov-02
�brnmukz���� � `O 1 �c ���o -
S/ na/ ' x p�rnx ��mv__
u'm
1 bv'O2
- - - —
- -- -- -- -- --- --
K&odlfvequipment order oanecessary
_
_18-Nmv-02
26-Nov-02_
Video presentation review and approval
Mae, with ��Co��/�m
28�ov�2
|� —-'-- -- ----
. �oo/wecuntro equipment mN
-- -- -
3-Dec-82
-- - -- -- -- -- -
- - -- - - -- -
_
instakatinnofcontrol equipment |
3-]
Suo-`issioncdnext 1O-15permits foxappnx
9'Dec-02
P'ng/moainvoice
1'Dec-02
s*s
1O- �O �__
V� -- -` -- ' --
Video presentation and approval
---- -
_`�'��.��/
Sub�i��ionof
__ueo�
20-Deo-O2
�
_ _ _--_- __- _
_'--
17-Deo-O2
���o nowk�von�
.
' ---- '- - - -
�u��+�mk�oofnax�1U'15�*nn ��
S'Jon-Q3
--
-- - -- --
|
- — ------ -- ---
----
-O3 7-Jan
-- - -�- --
review and
-- - - -- |
Pe'n��:�~ces`- - --' -
-
— --- ---- -- --
with any - -- City OfficialsbJre-
evaluated
|8�.t,r'�sionofnext 1O-15permits for apprn\, 21-Jen-03
JC"�xacmnaPre-construction Meeting 21-Jan-02
| '� .�� ' ' '���.`` /! ill :!;I: ' 21-Jon-03
receiving siren equixne^t10-15 27Jan-03
&.r'.`,samnofnext 1O-1Gpermits for mpprn\, 2-Fmb-03
8e�;`v�,reninstallations 101Sper week 3-Feb-03
P, ` o�s�invune 1 Feb-03
!�L� -
4-Feb-03
S^�r`/ssionofnext 1O-1Spermits for aVprn� 17-Fab-03
18'Fmb-03
ion of next 10- 15 permits for a
3-MarO3
4-Nar-03
—oi``n'samn-of next 70' 15permits for a0pro�
17-K4a/(03
18-Mar-03
6u,`'`xssmnofnext 1O-1Spermits for appnn
31-Nap02
1-Apr-03
|Px invoice
1 -xp/+03
Prog.e*s|nvoice
1
with City Vzundate)obprogress
1
operator training
1-Jun-03
Be�rrequest final inspections for installed sih
2-Jun-03
with City toupdate jot) progress
17-Jun-03
tmd VeoU- n
3-Jun-03
1B
\Pn`!y,`Sainvoice
1Jun-03
|'
.Meem/(/with City toupdate job progress
10Jun-03
8o(x'`U000nsbuoionofold system
23-Jun-02
P/og*sm/nvmica 1-Jul-03
T r of redundant �oon�o 1-Ju�02
ee«YJ r��unoan control �ysnen�o
Me^ ^`Vw/U)CdyhnupdeUsmbprog/ess 15-Jul-03
U '/m,�vnty or all sites are solar begin 3Oday 15- u|-02
op��xkxxa|hpmUng
S r�basU documentation solar 1 u^`y n� um�n on 3-Aug-03
C�'vya�c�pb�ncenfov�raUoyeken� 1
'- -
Suh'`v/hse|invoice 1
'
hvayearxna�banauewaman� 1
�
Video presentation review and approval
Video presentation review and approval
Video presentation review and approval
Video presentation review and approval
Video presentation review and approval
Video presentation review and approval
Start daily diagnostic b*ahnoofsirens
Removal Vfold system where new operational
coverage is installed
1. Performance Bond
2. Payment Band
THE STATE OF TEXAS
COUNTY OF TARRANT
That we, (1) SafetyCom, Inc.
Principal herein, and (2) International Fidelity Insurance Company
corporation organized under the laws of the State of (3) New Jersev
M
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 TtNTo �Iillion Eight Hundred Sixteen Thousand One Hundred
Nine and 46/10T)ollars ($ 2,816,109.46 ) for the payment of which sum we bind 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 Warnin.g System, Fort forth, 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.
11" M 11�1�
Surety have executed this instrument.
SIGNED and SEALED this day of 20 6,',
ATTEST:
(Principal) Secretary
(S Q
Witnessasto Prin9pal
ATTEsir:
SafetyCom, Inc.
PRINCIPAL
Y*
Name: 7S-e-, �,j - C, A �, rN "
rN
Title: i/,/ v pfzi-& f 4N'F'rr
Address: 112 Smart House t,Iay
North
orth Little Rock, AR 72114
International Fidelity
Insurance Company
SURETY
By:
Name: V.-,illiam, '. Griffin
Attorney in Fact
(S E A L) Address: P. 0. Box 550
T,ittle 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 addon, an original copy of
Power of Attorney shall be attached to Bond by the Aftorney-in- Fact,
Tel (97�) 624-7200 PDXWER OF ATTORNEY
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 07102-5207
KNOW ALLIVIEN 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 attornev(s)-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, re ulati�on, contract or otherwise, and
the execution of such instrument(s) in pursuance of these presents. shall be as, binding upon the said INTER) re
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 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 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 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 be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures bearing
facsimile seal 4oall be valid and binding upon the Company in tie future with respect to any
bond or undertaking to which it is attached,
TY IN TESTIMONY WHEREOF, wrERNXF IONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
signed and its corporate seal to be affixed by its authorized officer, this 3 Ist day of August, A.D. 1998.
INTERNATIONAL FIDELITY INSURANCE COY IPIANY
SEAL
1904 STATE OF NEW JERSEY
County of Essex
J < Vice -Pr 'ident
On this 3 1 st day of August 1998, before me came the individual who executed the receding instrument, to me ersonallv known, and, being by me duly
sworn, said the he is the therein described and authorized officer of the IN'TEI receding
IjDELITY INSUUNCE 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 ol'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
0
PUBLIC
JE A NOTARY PUBLIC OF NENV JERSEY'
CERTIFICATION My Continission Expires Nov, 21, 2005
In the undersigned officer of INTERNATIONAL FIDELITY INS'URXN'CE 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-Laiv-, of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and (if the whole of the said origirctis, and that the said Povcr
of Attorney has not beets revoked and is now iti full filive and ell ect
LN, TESTIM-ONY WHEREf)F, I have hereuntoo set ny hand thiS d ay of
Assistant Secretary
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 Jersev 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 �Li pion Eight
Hr&ed Sixteen 2vusand Cne Haidred.*Lam and 46/100 Dollars (S 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: Construction ard Installation of an Electrcoic, Radio Ccntm1led, Outdoor Vbrning
System, Fort lbrth, 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
RITA=
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 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.
da SIGSIGNEDand SEALED this �v of ' I I , C r , 20,
ATTEST
fill
(Principal) Secretary
(SEA I)
Witness as to Principal
A II14T E St:
SafetyCom, Inc.
PRINCIPAL
By.
Name:- Ct
Title: r, V t� a4.
Address: 112 Smart House GTay
North Little Rock, -AR 72114
International Fidelity
Insurance Company
SURETY
By:
Name: L`illiari '. Griffin
Attorney in Fact
(S E A L) Address: P. 0. Box 550
T,i)--tle Rock. AR 72203
Witness as to Surety Telephone Number: 501-376-071
NOTE: (1) Correct name of Principal (Contractor).
(2) Correct name of Surety.
(3) State of incorporation of Surety
M&MUTWOM21019 9EMAY-M
Tel (973) 624-7200 POWER OF ATTORNEY
HOME OFFICE: ONE NEWARK CENTER. 20TH FLOOR
NEWARK, NEW JERSEY 07102-5207
KNOW ALL BEN BY THESE PRESENTS. That INTERNATIONAL FIDELITY IN'SURANCE 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 anti 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 artorneylls)-in-fact to execute, seal and deliver for and on its behalf as surety. any and all bonds anti undertakings, contracts of indemnity and
other writings obligatory in the nature thereof, which are or may he allowed required or permitted by law, statute, rule, replation, contract or otherwise, and
the execution of such instruments} in pursuance of these presents, shad 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. I
This Power ofAttorney is executed, and may he revoked, pursuant to and by authority of Article 3-Section 3'of the By -Law- adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called arid held on the 71h day of February, f974.
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 -tact and revoke the authority given.
I I
Further, this Power of Attorney is signed 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 Aprill 1982 ofwhichthe 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, anti 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 ',Ball he valid and binding, upon the Company in le future with respect to any
bond or undertaking to which it is attached.
%,IT Y IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused thu instrument to be
signed and its corporate seal to be affixed by its authorized officer. this 3 Ist day of August, A.D. 1998,
INTERNATIONAL FIDELITY INSURANCE Coi NY
SEAL m
1904 STATE OF NEW JERSEY
A
County of Essex
On this 3 Ist day of August 1998, before me came the individual who executed the preceding instrument, to me ersonalby, known, and, being be me duly
sworn, said tire he is the therein described and authorized officer of the INTERNATIONAL 14D XINCE COMPANY; that the seal'affixed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were (July affixed by order of the Board of Directors of
said Company.
OAR IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day, and yeat first above written,
C0 NOTA
PUBLIC
JE A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov, 21, 2005
1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE CONVANY do hereby certify that I have compared the firregoiag copy ofthe
Power of Attorney and affidavit, and the copy of the Section (if the By -Laws of said Company asset 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 oripinals. and that the said Power
of Attorney bas not been revoked and is now in full force and effect
IN TESTINIONY WHEREOF, I have hereurmoset my hand tirs day of
Assistant Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER I LOG NAME I PAGE
10/8/02 C-1 9287 36WARNING 1 of 2
SUBJECT EXECUTE A CONTRACT WITH SAFETYCOM, INC. FOR INSTALLATION OF AN
OUTDOOR WARNING SYSTEM
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.
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 MIWBE 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' Communica ion
DATE REFERENCE NUMBER LOG NAME PAGE
10/8/02 C-1 9287 36WARNING 2 of 2
SUBJECT EXECUTE A CONTRACT ITH SAFETYCOM, INC. FIR 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
Submitted for City Manager's
Office by;
Libby Watson
Originating Department Head:
Jim Tidwell (Interim)
Additional Information Contact:
Keith Wells
FUND
ACCOUNT CENTER AMOUNT I CITY SECRETARY
(to)
6183
6801 (from)
j APPROVED 10/08/02
C1-12
541200 020132002001 $2,816,109A6 i
C132
537,380 02013260601 —$ 16-0—,677-6--W0-1
617
CITY SECRETARY r�
CONTRACT NO.
FIRST AMENDMENT TO THE CONTRACT
FOR AN ELECTRONIC, RADIO CONTROLLED, OUTDOOR SIREN WARNING
SYSTEM BETWEEN THE CITY OF FORT WORTH AND SAFETYCOM, INC.
This First Amendment to the Contract for an Electronic, Radio Controlled, Outdoor Siren
System ("Amendment") is entered into to be effective as of April 15, 2010, by and between The
City of Fort Worth, a Texas home -rule municipal corporation ("City") and SafetyCom, Inc., an
Arkansas corporation ("SafetyCom"), doing business in Texas.
RECITALS
WHEREAS, City and SafetyCom entered into that certain Contract for an Electronic,
Radio Controlled, Outdoor Siren System ("Contract") on November 19, 2002 (City Secretary
Contract No. 28214);
WHEREAS, the term of the Contract is not specific, and the parties now wish specify
the term of the Contract.
NOW THEREFORE, in consideration of the mutual covenants contained hereinafter,
the parties agree as follows:
Section 3, CONTRACT PERIOD, is hereby amended in its entirety to read as follows:
"The term of this Contract shall begin as of the date set forth in the first paragraph of this
Contract, and shall terminate on April 27, 2028."
2. Unless specifically revised herein, all the other terms of the Contract shall remain
unchanged and continue in full force and effect.
Executed to be effective as of the 151h day of April, 2010.
CITY OF FORT WORTH,
A Texas municipal corporation
By: .�-
Tom Higgi
Assistant City Manager
Attested byo
VWl
NO M&C REQUIRED
SAFETYCOM, INC.,
an Arkansas corporation
By:
v y
Name:(Dav6 B. Miller
Title: President
OFFiCI.w` RECORD
CITY SECRETARY
FT. WORTH TX
M&C Review
Page 1 of 2
Official site of the City of Fort Worth, Texas
A CITY COUNCIL AGEND FORT WO
COUNCIL ACTION: Approved on 4/27/2010
Create New From This M&C
DATE: 4/27/2010 REFERENCE G-16901 LOG NAME
NO.: (Revised)
CODE: G TYPE: NON- PUBLIC
CONSENT HEARING:
36SIRENADDITION 10-R
NO
SUBJECT: Authorize an Increase of $445,000.00 for the Existing Contract with SafetyCom, Inc., for
Maintenance Charges and for the Purchase of Additional Outdoor Warning Sirens and
Parts as Needed for Repairs
RECOMMENDATION:
It is recommended that the City Council authorize an increase of $445,000.00 for the existing contract with
SafetyCom, Inc., to purchase additional sirens for our Outdoor Warning System, to purchase additional
spare parts as needed for repairs to sirens resulting from causes of nature or vandalism and for siren
maintenance costs.
DISCUSSION:
On October 8, 2002, the City Council approved a Contract with SafetyCom, Inc., (SafetyCom) for the
installation of an Outdoor Warning System (OWS) for an amount not to exceed $2,816,109.46 (M&C C-
19287). The Contract provided for installation of an OWS and removal of the old sirens, poles and
associated equipment. The Contract also provided that additional services and equipment could be
purchased at a fixed rate for a period of not less than 10 years from the date of execution of the original
contract and maintenance would be provided at prices set forth in the Contract for a period of 25 years.
This M&C will allow the City to purchase additional sirens, spare parts and services outlined in the original
contract. The additional purchases are necessary in order to expand the OWS to new areas and make
repairs resulting from vandalism or damages not covered by the warranty. Further, maintenance will be
provided for the OWS by SafetyCom in accordance with the terms of the Contract.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital budget,
as appropriated, of the 2007 Critical Capital Projects Fund and in the current operating budget, as
appropriated, of the General Fund.
TO Fund/Account/Centers
Submitted for Citv Manager's Office by
Oriclinatincl Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
GG01 539120 0361010 $95,000.00
C295 541200 361100150580 $350.000.00
Tom Higgins (6192)
Rudy Jackson (6805)
Richard Neuhaus (6803)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=13455
4/26/2024
M&C Review
Page 2 of 2
ATTACHMENTS
Accounting Info Revised.pdf (CFW Internal)
Accounting Info.Ddf (CFW Internal)
FAR-00001.odf (CFW Internal)
FAR-00002.r)df (CFW Internal)
m&cfundIoa.pdf (CFW Internal)
m&cfundloa2.doc (CFW Internal)
Siren Addition MWBE Waiver.pdf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=13455 4/26/2024