HomeMy WebLinkAboutContract 48070 REC D 4ATY SEC O Q
9 6. CONTRACT NO. Z2
PAY AN AGREEMENT FOR WATER METER READING SERVICES AND
DELIVERY OF DELIOUENT ACCOUNT NOTICES
FOR THE CITY OF FORT WORTH WATER DEPARTMENT
This 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 Jesus J. Chapa, its duly authorized Assistant
City Manager, and Bermex, Inc. ("Contractor"), an Ohio Corporation and acting by and through Todd
E. Jones, its duly authorized President, each individually referred to as a "party" and collectively
referred to as the "parties."
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
1. This Agreement for Professional Services
2. Exhibit A—Scope of Services and Standard of Service
3. Exhibit B—Contractor Reporting Requirements
4. Exhibit C— Procedures for Addressing Errors and Unread Meters
5. Exhibit D—Procedures for Hand Delivery of Customer Delinquent Account Notices
6. Exhibit E—Cost Schedule
7. Exhibit F—Signature Verification Form
All exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes. In
the event of any conflict between the documents, the terms and conditions of this Agreement shall
control.
1. SCOPE OF SERVICES.
Contractor hereby agrees to provide the City with timely, accurate and efficient reading of its
water meters throughout the City of Fort Worth, and the delivery of customer Delinquent Account
Notifications (DANs). Contractor agrees to provide those services in strict compliance with the terms
and conditions of the Agreement.
2. TERM.
This Agreement shall commence August 3, 2016 ("Effective Date") and shall expire on
September 30, 2017, unless terminated earlier in accordance with the provisions of this Agreement. The
City shall have the option, in its sole discretion, to renew this Agreement under the same terms and
conditions, for up to five (5) one-year renewals. The City shall provide the Contractor with written notice
of its intent to renew at least thirty (30) days prior to the end of each term. Both parties shall execute a
written amendment to renew the Agreement.
OFFICIAL RECORD
Professional Services Agreement CITY SECRETARY
Bermex, Inc. FT. WORTH, TX
Page 1 of 12
3. COMPENSATION.
The City shall pay Contractor as stated below however, total payment made under this
Agreement by the City for all services shall not exceed Two Million Three Hundred Ninety-Four
Thousand and Nine Hundred and Thirty Four Dollars ($2,394,934.00) for the first year of this
Agreement. Contractor shall not perform any additional services for the City not specified by this
Agreement unless the City requests and approves in writing the additional costs for such services. The
City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless
the City first approves such expenses in writing.
Cost per Meter Meter Annual Amount Cost Per DAN DAN Annual Amount
$0.51 $1,713,600.00 $2.92 $681,333.34
If the City exercises its option to renew, Contractor agrees that the prices for the water meter services
and Delivery of delinquent account notices shall be as stated in the Contractor's Response to the RFP at
Exhibit E, and shall be reiterated in the amendment to renew this Agreement.
Payment shall be based upon the performance of the Contractor and shall be measured by the number of
meters successfully read, with no errors, and with no skips except when verified by the City based on
acceptable skip codes. All questionable readings shall be reread by the Contractor. An error reading shall
be defined as a questionable reading without just cause that is verified by the City and Contractor and
still found to be in error. The Contractor shall be paid the cost per meter amount only for each successful
meter read. Re-reads shall be made by the Contractor without any additional charge to the City.
A $25 administrative fee per meter shall be assessed to the Contractor 1) for all meter reading error
requiring the City's verification and reading, and 2) for any undelivered customer account notification
which does not meet the acceptable undelivered code.
4. TERMINATION.
4.1. Termination With or Without Cause.
The City or Contractor may terminate this Agreement at any time and for any reason by
providing the other party with thirty(30)days written notice of termination.
4.2 Grounds for Immediate Termination.
The City may terminate this Agreement immediately with three (3)days advance written
notice for the following reasons:
1. Individual Error levels exceed a maximum of three (3) errors for more than two (2)
consecutive months.
2. Contractor fails to properly secure City equipment such as meter lids, after a meter
reading, causing an unsafe condition.
3. Repeated complaints that Contractor is causing damage to property, allowing for
City's customer's pets to leave fenced in or guarded areas, pet cruelty. Contractor
agrees that in the even any of these issues are reported, Contract shall immediately
remove its employee from performing any work under this Agreement, regardless if
the City terminates the Agreement.
Professional Services Agreement
Bermex, Inc.
Page 2 of 12
4. Repeated Failure to meet any of the provisions of this Agreement.
5. False meter reading, skipping meter reads or submitting fraudulent performance
reports, and/or criminal or unlawful conduct.
4.3 Non-appropriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in any fiscal
period for any payments due hereunder, City will notify Contractor of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to the City of any kind whatsoever, except as to the portions
of the payments herein agreed upon for which funds have been appropriated.
4.4 Breach.
Either party may terminate this Agreement for breach of duty, obligation or warranty
immediately upon ten (10)days written notice.
4.5 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date, the City
shall pay Contractor for services actually rendered up to the effective date of termination and
Contractor shall continue to provide the City with services requested by the City and in
accordance with this Agreement up to the effective date of termination. Upon termination of
this Agreement for any reason, Contractor shall provide the City with copies of all completed or
partially completed documents prepared under this Agreement. In the event Contractor has
received access to City information or data as a requirement to perform services hereunder,
Contractor shall return all City provided data to the City in a machine readable format or other
format deemed acceptable to the City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Contractor hereby warrants to the City that Contractor has
made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's
services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of
this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing.
5.2 Confidential Information. Contractor, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by the City as confidential and shall not disclose
any such information to a third party without the prior written approval of the City.
5.3 Unauthorized Access. Contractor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Contractor shall notify the City immediately if the security or integrity of any
City information has been compromised or is believed to have been compromised, in which event,
Contractor shall, in good faith, use all commercially reasonable efforts to cooperate with the City in
identifying what information has been accessed by unauthorized means and shall fully cooperate with
the City to protect such information from further unauthorized disclosure.
Professional Services Agreement
Bermex, Inc.
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6. RIGHT TO AUDIT.
Contractor agrees that the City shall, until the expiration of three (3) years after final payment
under this contract, or the final conclusion of any audit commenced during the said three years, have
access to and the right to examine at reasonable times any directly pertinent books, documents, papers
and records of the Contractor involving transactions relating to this Contract at no additional cost to the
City. Contractor agrees that the City shall have access during normal working hours to all necessary
Contractor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. The City shall give Contractor reasonable
advance notice of intended audits.
Contractor further agrees to include in all its subcontractor agreements hereunder a provision to
the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final
payment of the subcontract, or the final conclusion of any audit commenced during the said three years
have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records of such subcontractor involving transactions related to the subcontract, and further that
City shall have access during normal working hours to all subcontractor facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the provisions of this
paragraph. City shall give subcontractor reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor shall operate as an independent Contractor
as to all rights and privileges and work performed under this agreement, and not as agent, representative
or employee of the City. Subject to and in accordance with the conditions and provisions of this
Agreement, Contractor shall have the exclusive right to control the details of its operations and activities
and be solely responsible for the acts and omissions of its officers, agents, servants, employees,
Contractors and subcontractors. Contractor acknowledges that the doctrine of respondeat superior shall
not apply as between the City, its officers, agents, servants and employees, and Contractor, its officers,
agents, employees, servants, Contractors and subcontractors. Contractor further agrees that nothing
herein shall be construed as the creation of a partnership or joint enterprise between City and
Contractor. It is further understood that the City shall in no way be considered a Co-employer or a Joint
employer of Contractor or any officers, agents, servants, employees or subcontractors of Contractor.
Neither Contractor, nor any officers, agents, servants, employees or subcontractors of Contractor shall
be entitled to any employment benefits from the City. Contractor shall be responsible and liable for any
and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants,
employees or subcontractors.
8. LIABILITY AND INDEMNIFICATION.
A. LIABILITY- CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
CONTRACTOR, ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
Professional Services Agreement
Bermex, Inc.
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B. GENERAL INDEMNIFICATION- CONTRACTOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY
AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL
OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING
LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
C. INTELLECTUAL PROPERTY INDEMNIFICATION— Contractor agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against the City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay shall not apply
if the City modifies or misuses the software and/or documentation. So long as Contractor
bears the cost and expense of payment for claims or actions against the City pursuant to
this section, Contractor shall have the right to conduct the defense of any such claim or
action and all negotiations for its settlement or compromise and to settle or compromise any
such claim; however, City shall have the right to fully participate in any and all such
settlement, negotiations, or lawsuit as necessary to protect the City's interest, and
City agrees to cooperate with Contractor in doing so.In the event City, for whatever reason,
assumes the responsibility for payment of costs and expenses for any claim or action
brought against the City for infringement arising under this Agreement, the City shall have
the sole right to conduct the defense of any such claim or action and all negotiations for its
settlement or compromise and to settle or compromise any such claim; however, Contractor
shall fully participate and cooperate with the City in defense of such claim or action.
City agrees to give Contractor timely written notice of any such claim or action,with copies
of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's
assumption of payment of costs or expenses shall not eliminate Contractor's duty to
indemnify the City under this Agreement. If the software and/or documentation or any part
thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a
settlement or compromise, such use is materially adversely restricted, Contractor shall, at
its own expense and as City's sole remedy, either: (a) procure for City the right to continue
to use the software and/or documentation; or(b) modify the software and/or documentation
to make it non-infringing, provided that such modification does not materially adversely
affect City's authorized use of the software and/or documentation; or (c) replace the
software and/or documentation with equally suitable, compatible, and functionally
equivalent non-infringing software and/or documentation at no additional charge to City;
or (d) if none of the foregoing alternatives is reasonably available to Contractor, terminate
this agreement, and refund all amounts paid to Contractor by the City,subsequent to which
termination City may seek any and all remedies available to City under law.
Professional Services Agreement
Bermcx, Inc.
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9. ASSIGNMENT AND SUBCONTRACTING.
Contractor shall not assign or subcontract any of its duties, obligations or rights under this
Agreement without the prior written consent of the City. If the City grants consent to an
assignment,the assignee shall execute a written agreement with the City and the Contractor under
which the assignee agrees to be bound by the duties and obligations of Contractor under this
Agreement. The Contractor and Assignee shall be jointly liable for all obligations of the
Contractor under this Agreement prior to the effective date of the assignment. If the City grants
consent to a subcontract, the subcontractor shall execute a written agreement with the Contractor
referencing this Agreement under which the subcontractor shall agree to be bound by the duties
and obligations of the Contractor under this Agreement as such duties and obligations may apply.
The Contractor shall provide the City with a fully executed copy of any such subcontract.
10. INSURANCE.
Contractor shall provide the City with certificate(s) of insurance documenting policies of the
following minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$2,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each occurrence on a combined single limit basis
$250.000 Bodily Injury Per Person
$500,000 Body Injury Per Occurrence
$100,000 Property Damage
Coverage shall be on any vehicle used by the Contractor, its employees, agents,
representatives in the course of the providing services under this Agreement. "Any
vehicle" shall be any vehicle owned, hired and non-owned.
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease- per each employee
$500,000 Disease -policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act(Art. 8308— 1.Olet
seq. Tex. Rev. Civ. Stat.)and minimum policy limits for Employers' Liability of
$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and
Professional Services Agreement
Bermex,Inc.
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$100,000 per disease per employee.
(d) Professional Liability(Errors&Omissions)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability(CGL)policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made, and maintained for the duration of the contractual
agreement and for two(2)years following completion of services provided. An annual
certificate of insurance shall be submitted to the City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name the
City as an additional insured thereon, as its interests may appear. The term City
shall include its employees,officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right
of Recovery) in favor of the City of Fort Worth.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to the City. Ten (10) days' notice shall be acceptable
in the event of non-payment of premium.Notice shall be sent to the Risk
Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102,
with copies to the City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in
the State of Texas. All insurers must have a minimum rating of A- VII in the
current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that the Contractor has obtained all required
insurance shall be delivered to the City prior to Contractor proceeding with any
work pursuant to this Agreement.
Professional Services Agreement
Bermex, Inc.
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11. COMPLIANCE WITH LAWS,ORDINANCES.RULES AND REGULATIONS.
Contractor agrees that in the performance of its obligations hereunder, it will comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces
in connection with this agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If the City notifies Contractor of any violation of such laws,
ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Contractor, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-
discrimination covenant by Contractor, its personal representatives, assigns, subcontractors or successors
in interest, Contractor agrees to assume such liability and to indemnify and defend the City and hold the
City harmless from such claim.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
To the CITY: To CONTRACTOR:
City of Fort Worth Bermex, Inc.
Attn: Jesus Chapa, Assistant City Manager Todd E. Jones, President
1000 Throckmorton Street 1333 Home Ave
Fort Worth TX 76102-6311 Akron, OH 44310
Facsimile: (817) 392-8654 Facsimile: 330-945-7200
With Copy to the City Attorney
At same address
14. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers or immunities.
15. NO WAIVER.
The failure of the City or Contractor to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or '
Contractor s respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
Professional Services Agreement
Bermex, Inc.
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16. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any
action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such
action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas, Fort Worth Division.
17. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
18. FORCE MAJEURE.
The City and Contractor shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
19. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement, and are not intended to define or limit the scope of any provision of this
Agreement.
20. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
21. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment of this Agreement shall be binding upon a party hereto unless such amendment is
set forth in a written instrument, which is executed by an authorized representative of each party.
22. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between the City and
Contractor, their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
Professional Services Agreement
Bennex, Inc.
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23. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
24. WARRANTY OF SERVICES.
Contractor warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. City must give written notice of any breach of this warranty within thirty
(30) days from the date that the services are completed. In such event, at Contractor's option, Contractor
shall either(a) use commercially reasonable efforts to re-perform the services in a manner that conforms
with the warranty, or(b)refund the fees paid by the City to Contractor for the nonconforming services.
25. IMMIGRATION NATIONALITY ACT.
The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which
includes provisions addressing employment eligibility, employment verification, and nondiscrimination.
Contractor shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Contractor shall complete the Employment Eligibility Verification Form (I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all employees, and
upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Contractor shall establish appropriate procedures
and controls so that no services will be performed by any employee who is not legally eligible to perform
such services. Contractor shall provide City with a certification letter that it has complied with the
verification requirements required by this Agreement. Contractor shall indemnify City from any penalties
or liabilities due to violations of this provision. City shall have the right to immediately terminate this
Agreement for violations of this provision by Contractor.
26. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to execute
this agreement on behalf of the respective party, and that such binding authority has been granted by
proper order, resolution, ordinance or other authorization of the entity. This Agreement and any
amendment hereto,may be executed by any authorized representative of Contractor whose name,title and
signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit
"D" and incorporate herein by reference. Each party is fully entitled to rely on these warranties and
representations in entering into this Agreement or any amendment hereto.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement, collectively, "Work Product"Further,City shall be the sole and exclusive owner of
all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of the City from the date of conception, creation
or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Professional Services Agreement
Bermex,Inc.
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Contractor hereby expressly assigns to City all exclusive right, title and interest in and to the Work
Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other
proprietary rights therein, that the City may have or obtain, without further consideration, free from any
claim, lien for balance due, or rights of retention thereto on the part of the City.
[SIGNATURE PAGE FOLLOWS]
Professional Services Agreement
Bermex,Inc.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples thiay
of k , 2016.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
BERMEX,INC.:
Jesus J. Chapa
Assistant City Manager
Todd E. Jones
Date: �" S�`� President
APPROVAL RECOMMENDED: Date: g� q
D' ector,John Robert Carman ATTEST:
Water Department OR�GG
ATTES By:
0
By: � Title:
M ay
City Secret
APPROVED ASTO FORM Form 1295 Certificate No: 2016-52682
B • I�
Christk)Lopez-ReynoVds,
Senior Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: P-11909
Date Approved: 8/02/2016
Professional Services Agreement
Bermex,Inc.
Page 12 of 12
EXHIBIT A
SCOPE OF SERVICES
1.0 REQUIRED WATER METER READING SERVICES AND DELINQUENT
ACCOUNT NOTICES DELIVERED
1.1 The City intends to secure a service based contract as outlined in the Payment
Section of this agreement for the timely, accurate and efficient reading of all
assigned water meters and delivery of customer DANs on a daily basis.
Contractor payment shall be based upon the performance of the Contractor and
shall be measured by the number of meters successfully read, with no errors,
meters not read or acceptable skip codes and number of DANs delivered. All
questionable readings shall be reread by the Contractor without additional charge
to the City. An error reading shall be defined as a questionable reading without
just cause that is verified by the City and is found to be in error. The Contractor
shall be paid the unit price only for each successfully read meter without error
and successfully delivered customer DANs.
1.2 Implementation/Training:
1.2.1 In order to ensure a smooth transition, if transition of a Contractor is
necessary, the existing meter reading Contractor to any new proposed
Contractor, the City shall require the successful proposer to be physically
on site thirty (30) days prior to the final contract date of the existing
Contractor. This time of transition is to test the Contractor's program and
ability to ensure a successful start-up. A meter reading transition period
of up to sixty (60) days may be utilized by the Contractor to transition
meter reading services from the old Contractor to the new Contractor.
The sixty(60)days will begin when the City issues the Notice to Proceed
to the successful Contractor. The City will provide the Contractor with a
detailed and mandatory Contractor Transition Plan (CTP) at the time the
City issues the Contractor a Notice-To-Proceed (NTP). The CTP team
members will consist of personnel from the City, the new Contractor and
the old Contractor.
1.2.2 The Contractor must demonstrate that trained, responsible people will be
used for this agreement. Employee training shall include classroom and
field work with a qualified instructor. The Contractor shall provide the
City with a written training plan for each meter reader working under this
contract. The City will provide training for up to four
representatives/meter readers working under this contract. This time
frame will be used by the Contractor to learn the routes, locate meters,
review and train meter readers and to become familiar with the City
processes in place. No payment will be made to the incoming Contractor
or staff during the implementation period. The Contractor shall develop a
training program for new employees, hired after the 60 day transition that
ensures the Contractor provides sufficient staff for the continuous
reading of water meters without any delays.
1.2.3 If necessary, the City will provide 24 hours of training on the Datamatic
meter reading equipment at no cost to the Contractor. All products,
deliverables and documentation generated as a result of the efforts
described herein are the exclusive property of the City.
2.0 COMPLETION OF WORK
2.1 Handheld devices shall be picked up by 6:00 a.m. each work day and all meter
readings shall be completed on the day scheduled. All work must be returned to
the City by 5:30 p.m. on the day the meter is read. All handheld devices must be
picked up from and returned to the site determined by the City. The City shall
provide the Contractor a listing of assigned routes to read. Weather conditions
shall not prevent the accomplishment of services under this agreement unless
preauthorized by the City in advance. The reading schedule is provided with a
certain degree of flexibility which does allow for occasional modification. Upon
prior approval from the City, reading periods shall be extended through "no-read"
days or holidays.
2.2 Weather conditions shall not prevent the Contractor from completing the
assigned routes each day nor shall the weather conditions prevent any associated
contract conditions. (All Contractor employees are to be considered as essential
staff in relationship to inclement weather). Contractor is responsible for
collecting meter readings and delivery of customer DANs regardless of weather,
water meter condition and/or other impediments unless pre-authorized by City in
advance.
2.3 All meter boxes or meter conditions that may impose an impediment to the
readers or the public shall be entered into the handheld equipment when
observed. Other conditions affecting the reader shall also be noted. The reason
for skipping the meter reading shall be noted into the Datamatic handheld
equipment for follow up by City staff. The reason for the skipped reading shall
be identified using the approved skipped codes provided to the Contractor by the
City. If it is found that meter readings were skipped without reasonable
justification, the Contractor shall pay the City a $25.00 administrative fee for
each meter error. The $25.00 deduction for each meter error may be waived for
the first 60 days, at the City's discretion.
2.4 The delivery of customer DANs is a vital service provided under this agreement.
The Contractor shall be provided detailed procedures for a one-hundred (100)
percent delivery rate, with acceptable non-delivery codes allowed as detailed in,
"Exhibit B". Failure to attempt or not make a delivery of the DANs, other than
the ones falling under the acceptable non-delivery codes, the Contractor shall be
assessed an administrative fee of$25 per undelivered DANs. This administrative
fee shall be deducted from the Contractor's monthly invoice submitted to the
City.
3.0 CONTRACTOR'S SPECIFICATIONS AND REQUIREMENTS
3.1 Provide necessary, as identified in the Contractors proposal, field personnel and
supervision to read contracted routes and deliver customer DANs. The
Contractor shall be responsible for retaining adequately trained employees to
read all meter types utilized by the City and to complete the meter reading
assignments and deliver customer DANs under the terms and conditions of the
Agreement. The Contractor shall also provide sufficient administrative personnel
dedicated to this contract to process and track administrative actions for meter
reading services. This administrative staff shall maintain documentation in
sufficient detail, as directed by the City, to completely support monthly invoices
submitted to the City.
3.2 Provide uniforms to Meter Readers (subject to approval by the City). All of the
Meter Readers employed by the Contractor shall be required to wear a City
approved long or short sleeved American National Standards Institute (ANSI)
Class 2 Level Safety shirt. Contractor supplied a cap with a City approved
"logo". Contractor identification shall be on the shirt and cap. Below is a
suggested sample of the required shirt to be worn by the meter reader while
performing services under this agreement.
' READER
i
3.3 Should seasonal weather require a jacket or coat to be worn over the shirt, the
jacket or coat shall be the same type for all employees and shall include the swine
approved "logo' and Contractor identification on the jacket or coat. The "logo'
shall be inscribed with "City of Fort Worth" and the Contractors name. The
"logo" shall be worn on the upper left portion of the shirt,jacket or coat. Pants
may be in the form of blue jeans, pants, or uniform shorts. Any change in
uniforms must be documented, approved, and reported to the City's Water
Department designee.
3.4 All shirts, pants, shorts, caps,jackets or coats shall be neat and clean at all times
when worn while performing this Contract. The employee shirt,jackets or coats,
and identification badges shall be worn only during business hours and while
performing work under this Contract. No smoking or use of personal
entertainment devices shall be allowed while on any City customers' property.
3.5 The Contractor shall be responsible and liable for the supervision, control and
actions of its personnel and employees pursuant to this contract. The Contractor
shall take appropriate action whenever they observe, or the City or its agent's
report, that an employee has not performed their duties in accordance with the
provisions of this Contract. The City shall be informed, in writing, immediately,
of any situation that will result in the Contractor's inability to fulfill this
Contract.
3.6 Provide employee identification badges, provided by the Contractor, which
include a photograph of the employee. Employee identification badges shall be
worn at all times while performing work under this Contract. Said badges shall
be displayed prominently on the front of the employee's shirt or jacket in such a
manner as to readily identify the employee.
3.7 Each employee shall possess a current Texas driver's license if operating a
vehicle in performance of this contract. The Contractor's vehicles and employee
vehicles utilized in this Contract shall meet all State of Texas licensing and
insurance requirements prior to performing any work on this contact. In addition,
all Contractor vehicles shall have magnetic signage, approved by the City,
attached to the two front doors identifying the Contractor vehicle as a meter
reading vehicle. Should an employee utilize their personal vehicles for business
and are reimbursed by the Contractor for their mileage, they are also required to
have magnetic signage attached to the two front doors of the vehicle while
performing this Contract. They are also required to carry and provide copies to
the City of current State of Texas automobile liability insurance. The Contractor
shall provide automobile insurance with coverage as stated under the "Insurance
Clause" of this agreement for all leased, company owned, and employee vehicles
and provide copies of Certificates of Insurance for the employee to carry in their
vehicle. Failure to provide this Certificate of Insurance upon request shall be
immediate cause for dismissal from duty and count as a failure to perform meter
readings. The Contractor shall verify on a monthly bases that its employees have
current automobile liability insurance and valid driver's licenses. The vehicle
magnetic signage must contain the following identifying markings. Each
magnetic sign shall be 14 inches high x 20 inches long with three (3") inch
letters.
Meter Reading Contractor
Fort Worth Water Department
(817)392-4477
3.8 The Contractor shall maintain a supply, at all times, of all materials and supplies
necessary to complete the assigned work. Those supplies shall include, but not be
limited to, reading tube, meter bar, binoculars, hand pump, safety equipment and
such items that are to be utilized in obtaining meter readings. Traffic Safety
cones, in compliance with Texas Department of Transportation (TxDot)
Specification Number 550-78-33, REVISED: JANUARY 2008, DHT No. 4306,
will be placed outside of the front and back wheels, on the street side, of the
Contractor's vehicle while performing services on this agreement.
3.9 Contractor shall conduct routine pest control in or near water meter boxes for
meter reader safety for wasps, bees and ants in an effort to obtain a read. Other
infestations or larger infestations shall be reported to City.
3.10 Read a minimum number of scheduled contracted routes per day in a 21-day
cycle for a total of approximately 480 routes per month.
3.11 The Contractor shall perform a National Criminal Background Check for each
employee prior to that employee training or performing any work on this
Contract. The original Criminal Background Check shall be kept in the
Contractor's local office. The City or its agents may request a copy of the
Criminal Background Check of any employee at any time. Applicants for
employment for this Contract shall not conduct City business nor be employed
for this Contract if they are known to be, or are, convicted felons involving
sexual assaults, burglary, assaults with a deadly weapon, or serious physical harm
or threats of harm.
3.12 The Contractor shall perform pre-employment and random drug tests for all
employees. Contractor must ensure that employees do not consume alcohol or
use controlled substances during work hours and will not work under the
influence of alcohol, controlled substances or dangerous drugs. The results of the
initial employment and random drug tests shall be maintained by the Contractor
for review by the City. Employment drug test results will be completed upon
employment of a new employee. The results of employee random drug tests
shall be maintained by the Company and provided to the City upon request. The
Contractor must maintain a copy of their "Drug Testing" policy on file in their
local office and make it available to the City upon request.
3.13 Contractor is responsible for ensuring that all its employees conduct themselves
in a courteous and professional manner when dealing with all customers of the
City of Fort Worth Water Department. The Contractor is responsible for
ensuring that all customers and the property of all customers are treated with
respect and that good customer relations are maintained at all times. The
Contractor is also financially responsible for any and all damage to a customer
and/or damage to a customer's property caused by the Contractor employees. The
Contractor shall also report all property damage, injury to customer pets, lost pets
and criminal damage, etc., to the City as soon as possible. Excessive verified
complaints of this nature could be cause for termination of this Contract.
3.14 Should a failure of the Datamatic handheld meter reading devices equipment
occur, the Contractor shall return the device to the City as soon as possible after
the failure is encountered so that attempts can be made to retrieve the data. if the
data is lost, Contractor will be responsible for re-obtaining the lost readings. The
City shall compensate the Contractor for the actual cost of the retrieval of
readings.
3.15 Contractor shall be held financially liable for any damage or loss to the handheld
meter reading equipment, including the cost of transporting damaged equipment
to the repair facility, due to negligence or abuse by its employees. Contractor and
its employees are prohibited from tampering, altering or adjusting the handheld
reading devices and associated equipment.
3.16 Contractor shall immediately notify City of observed or suspected water leaks.
3.17 Upon expiration of services under this Contract or upon termination, the
Contractor shall return all handheld meter reading devices, battery packs and
associated equipment to the City by 4:00 p.m. CST (unless mutually agreed by
the City and Contractor)on the day of agreement termination or expiration.
3.18 All services shall be performed as described in the Scope of Work specification.
3.19 Deviations will not be considered or approved unless the Contractor can explain
in written detail that the deviation is of material benefit to the City and provides
service levels at least equal to the specified services.
EXHIBIT B
CONTRACTOR REPORTING REQUIREMENTS
1.1 The Contractor shall submit monthly and quarterly summary reports as directed
by the City as detailed in "Exhibit B", "Contractor Reporting Requirements".
Progress reports shall be submitted to the Water Department designee. The
reports shall describe significant achievements and problems which may have
potential effect on schedule or costs. The reports shall be sufficiently detailed to
assure that directions being pursued are in compliance with and in accordance
with the Contract. Additional special reports shall be submitted by the Contractor
upon request along with the Contractor's monthly invoice. The Contractor shall
include the achieved service level performed during the month. Contractor shall
track issues, action items, meter reading and delivery of customer DANs, and
provide reports to the City as requested. The required monthly, quarterly and
invoice reports shall be identified and designed after the Contractor receives the
NTP.
1.2 Critical Incident Reporting: The Contractor shall provide by phone and then in
writing, an incident report on any event, occurrence or situation that may have a
potential impact on the performance of this Contract. The initial critical incident
report shall be made to the City's designee immediately, but no later than 30
minutes from the time the Contractor realizes or identifies the critical incident.
The Contractor shall be provided an email group listing of the individuals to be
notified by email after the Contractor receives the NTP.
EXHIBIT C
PROCEDURES FOR ADDRESSING ERROS AND UNREAD METERS
1.0 Payment shall be based upon the performance of the Contractor and shall be
measured by the number of meters successfully read, with no errors, and with no
skips except when verified by the City based on acceptable skip codes. All
questionable readings shall be reread by the Contractor. An error reading shall be
defined as a questionable reading without just cause that is verified by the City
and Contractor and still is found to be in error. The Contractor shall be paid the
unit price only for each successful meter read.
1.2 Contractor shall perform all re-reads and no additional charges shall be assessed
to the City.
1.3 The Contractor shall be assessed a $25 administrative fee per meter for all
verified meter reading errors required to be read by the City. Additionally, the
Contract shall be assessed an administrative fee of$25 for undelivered customer
account notification not meeting the acceptable undelivered code.
1.4 The word error entails different meanings and usages relative to how it is
conceptually applied. An error is a deviation from obtaining an accurate or
correct water meter reading, or not delivering a customer DAN without a valid
undeliverable code. For the purposes of this Contract, examples include, but are
not limited to, water meter misreads, water reader skip reads and water meter no
reads verified by the City or Contractor field audit re-reads prior to billing or
through customer requested investigations, which is a re-read. After completion
of investigation by City, the reading error is either confirmed or not confirmed.
Failure to make delivery of a customer DAN without a valid undeliverable code
shall also be verified by the City prior to payment being made to the Contractor.
The decision of the City is final.
EXHIBIT D
PROCEDURES FOR HAND DELIVERING OF CUSTOMER DELINQUENT ACCOUNT
NOTICES
1.0 CUSTOMER DELINQUENT ACCOUNT NOTIFICATIONS(DANs)HAND DELIVERY
PROCEDURES
1.1 City DANs Delivery Procedures:
1.1.1 Detailed standard procedures are to ensure that a standardized method and procedure is
utilized when delivering the Water Department's Delinquent Account Notifications to a
customer's residence or place of business. The standard operating procedures manual is a
written document that lists the instructions, step-by-step, on how to complete the hand
delivery and how to handle a specific situation when it arises in the performance of this
task. The Water Department's thought process behind this standard operating procedures
manual is that consistent results will occur as long as everyone, City and Contractor,
follows the steps.
1.2 Responsibilities:
1.2.1 The City shall be responsible for providing the Contractor a listing of accounts the DAN
are to be delivered.
1.2.2 The City shall be responsible for providing a monthly delinquency calendar to the
Contractor prior to the first working day of each month. The purpose for providing a
calendar to the Contractor is to project the workload for staff as it relates to the number of
notices to be delivered daily.
1.2.3 The City shall be responsible for sending a daily email to the Contractor with the total
number of DANs to be delivered the next business day; no later than 3 p.m. daily.
1.2.4 The City shall be responsible for printing all DAN tags Monday through Friday of each
week.
2.0 CONTRACTOR SERVICES
2.1 Contractor shall be responsible for picking up the DANs at 1130 Fournier Avenue, Fort Worth,
Texas 76102, no later than 7:30 a.m., Monday through Friday of each week.
2.2 Contractor shall be responsible for returning any undelivered DANs no later than 6 p.m. of the
same day as the required delivery day. DANs shall be returned at 1130 Fournier Avenue, Fort
Worth, Texas 76102.
2.3 Should the Contractor encounter difficulty with delivering any DANs,the Contractor shall notify
Meter Services no later than 6:00 p.m. of the same day the delivery could not be made. The
Contractor shall identify the addresses, and explain the reason the DANs could not be delivered.
This task is a critical task connected to customer and billing.
2.4 The Contractor shall return the DANs with the obtained readings on the City provided listing no
later than 6:00 p.m. of the same day the DANs are delivered.
2.5 The Contractor shall not have contact with a customer, except to let the customer know that they
are a Contractor. The customer should contact the City with any requests the customer might
have concerning DAN delivery.
3.0 CONTRACTOR NOTIFICATION STEPS
3.1 The Contractor shall drive to the location that has been identified to receive a DAN.
3.2 The Contractor shall confirm locations where DAN tags will be delivered. The address of the
location shall be printed on each DANs tag.
3.3 The Contractor shall write down the time and circle AM or PM on the DANs certificate, once
the location has been confirmed.
3.4 The Contractor shall leave the DAN at the designated location.
3.5 The Contractor shall obtain and record the reading on the City provided listing, from the water
meter as proof of site visit. The reading shall be written on the City provided lisitng.
3.6 The Contractor shall leave the DANs on the front door of the place of residence. Contractor shall
ensure that the DANs are secured prior to leaving the location.
3.7 The Contractor, at commercial locations, shall attempt to speak with the manger or individual
in charge. The Contractor shall leave the DAN with the individual in charge. The Contractor
shall document the manager or individual the DAN is delivered to.
3.8 Customer service is the key when communicating with customers. The Contractor shall direct
the customer to contact the Water Department to discuss their billing questions and concerns by
calling (817) 392-4477. The Contractor shall always tell the customer that the Contractor is the
contracting party delivering the DANs on behalf of the City. The Contractor should advise that
the Customer Service Department is available to answer their questions or concerns.
4.0 UNDERLIVERABLE NOTIFICATION TAGS
4.1 DAN tags shall not be left in the following locations or places:
4.1.1 Residential Back Doors;
4.1.2 Business Doors;
4.1.3 Fences;
4.1.4 Gates;
4.1.5 Mail Boxes;
4.1.6 Meter Boxes;
4.1.7 Garage Doors;
4.1.8 Side Walks;
4.1.9 Windows;
4.1.10 Cars or Trucks.
4.2 Should the Contractor be unable to deliver the DANs tag at the front entry door, manager or
individual in charge at business locations, the Contractor shall return the DANs to Meter
Services no later than 6:00 p.m. on the same day of the assigned delivery notice.
4.3 All DAN tags shall be delivered daily. If for any reason a DAN tag can't be delivered, the
Contractor shall send an email to an appointed official with the Water Department to notify
the total number of undelivered notification tags. The undelivered DAN tags shall be turned
in no later than 5:30 p.m. each day. Email addresses will be provided to the Contractor.
5.0 FEDERAL LAW MAILBOX RESTRICTION
In 1934, Congress enacted a law known as the "mailbox restriction" that prohibits anyone from
placing mailable matter without postage into any mailbox. This law, 18 U.S.C. 1725, gives the
Postal Service a virtual monopoly over mailboxes and currently reads as follows: "Whoever
knowingly and willfully deposits any mailable matter such as statements of accounts, circulars,
sale bills, or other like matter, on which no postage has been paid, in any letter box established,
approved, or accepted by the Postal Service for the receipt or delivery of mail matter on any mail
route with intent to avoid payment of lawful postage hereon, shall for each such offense be fined
under this title. "Under current law, a violation of the mailbox restriction law is an Infraction that
can be punished by a fine but not by imprisonment. The maximum fine for each offense is $5,000
for individuals and $10,000 for organizations. In addition to the mailbox restriction law, Postal
Service regulations provide that "every letterbox or other receptacle intended or used for the
receipt or delivery of mail" may be used only for matter bearing postage and that any mailable
matter found in mailboxes without postage is subject to payment of the same postage as if it had
been carried by snail. Postal Service regulations are broader than the mailbox restriction law. The
regulations restrict items placed upon, supported by, attached to, hung from, or inserted into a
mailbox.
EXHIBIT E
COST SCHEDULE SUMMARY
Based on the stated cycle/route size and potential growth factors, pricing should be quoted per meter. The
price quoted is to be all inclusive; no other costs will be considered.
COST PER METER
Base Year Quantity of Meters/Monthly
$ 0.51 Per Meter X 240,000 Meters/Monthly = $ 122 400.00
X 14 Months(Base Year) _ $ x,713,600.00
Option Years Price Per Meter(Annual Amount
Option Year One(FY 2018) $ 0.53 / $ 1,526,000.00
Option Year Two(FY 2019) $ 0.53 /_$1,526,000.00
Option Year Three(FY 2020) $ 0.55 /_$_1,584,000.00 _
Option Year Four(FY 2021) $ 0.55 / $ 1,584,000.00
Option Year Five(2022) $ 0.57 / $_1,641,000.00
Based on the hand delivery of approximately 200,000 customer DANs,quote this service separately for
each year.
Price per Notice Delivered Ouote Per Delivery Noticed Delivered and (Annual Amount)
Base Year(FY 2017) $ 2.92 / $681,333.34
Option Years Price Per Delivery Notice Delivered (Annual Amount)
Option Year One(FY 2018) $ 3.02 /_$ 604,000.00
Option Year Two(FY 2019) $ 3.17 /_$_634,000.00
Option Year Three(FY 2020) $ 3.27 / $ 654,000.00
Option Year Four(FY 2021) $ 3.42 / $ 684,000.00_
Option Year Five(2022) $ 3.52 / $ 704,000.00
EXHIBIT F
SIGNATURE VERIFICATION FORM
Full Legal Name of Company: Bermex, Inc.
Legal Address: 37244 Groesbeck Highway, Suite A, Clinton Township, MI 48036
Services to be provided: Water meter reading throughout the City of Fort Worth, Texas.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind the Company and to execute any agreement,
amendment or change order on behalf of Company. Such binding authority has been granted by proper
order, resolution, ordinance or other authorization of Company. The City is fully entitled to rely on the
warranty and representation set forth in this Form in entering into any agreement or amendment with
Company. Company will submit an updated Form within ten (10) business days if there are any changes
to the signatory authority. The City is entitled to rely on any current executed Form until it receives a
revised Form that has been properly executed by the Company.
1. Name: by s-r2iCT M4-,/h6,t-,,rZ
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature of President/CEO
Other Title: r��Ftr
Date:
M&C Review
Page 1 of 2
CITY COUNCIL AGENDA
Official site of the City of Fort Worth, Texas
FoRT`14�WoRry
COUNCIL ACTION: Approved on 8/2/2016
REFERENCE 13P16-0061 WATER METER
DATE: 8/2/2016 NO.: P-11909 LOG NAME: READING SERVICE AND
DELIVERY DG WATER
CODE: P TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Contract with Bermex, Inc., in an Amount Up to $2,394,934.00, for the First Term
for Water Meter Reading Services and the Delivery of Delinquent Account Notices for the
City's Water Department (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a contract with Bermex, Inc., in an amount
up to $2,394,934.00, plus up to five renewals, for the purpose of water meter reading services and the
delivery of Delinquent Account Notices for the City's Water Department.
DISCUSSION:
The City of Fort Worth (City) will use this contract to read water meters at over 240,000 retail account
locations for the City's Water Department for monthly water meter reading throughout the City, and the
delivery of customer Delinquent Account Notifications (DANs). The contract will be used to ensure that
monthly water meter reading is conducted accurately throughout the City. The information obtained from
the meter readings will allow for the calculation, billing and receipt of water and wastewater service
revenue.
BID ADVERTISEMENT - A Request for Proposals (RFP) was advertised in the Fort Worth Star-Telearam
on Wednesdays between December 30, 2015 and January 27, 2016. Additionally, thirty-two vendors were
solicited from the purchasing database system; four responses were received. The proposals were
reviewed by an evaluation committee consisting of staff from the Water Department. The evaluation factors
included response to meeting required meter reading services, plan for completion of work, contractor's
ability to meet specifications and requirements, prior performance working with government entities
including references of work, contractor's response to reporting and progress reporting and cost. The
proposal from Bermex, Inc., was found to be fair and reasonable and presents the best value to the City.
PRICE ANALYSIS - The cost per meter offered by Bermex, Inc., will remain at $0.51 cents, the same as the
current agreement awarded in 2010, for Fiscal Year 2017, and will not increase until Fiscal Year 2018. Staff
reviewed the prices and determined the pricing to be fair and reasonable. Prices for each year's meter
reading services are estimated based on cycle and route size, and projected growth:
Cost Per
I
DAN Annual
Year
II
Meter
Meter Annual Amount I`
I
Cost Per DAN
Amount
Annual Total
Cost
2017II
$0.51
II $1,713,600.00
II
$2.92 II
$681,333.34
II $2,394,933.34
2016 II
$0.53
II $1,526,000.00
I
$3.02 II
J
$604,000.00
II $2,130,000.00
2019
$0.53
$1,526,000.00
$3.17
$634,000.00
I $2,160,000.00
2020
$0.55
$1,584,000.00
$3.27
$654,000.00
I $2,238,000.00
2021 II
$0.55
II $1,584,000.00
I
$3.42 I�
$684,000.00
II $2,268,000.00
2022 II
$0.57
(' $1,641,000.00
II
$3.52 I�
$704,000.00
II $2,345,000.00
ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by the
City Manager in the amount up to $50,000.00 without specific City Council approval as long as sufficient
funds have been appropriated.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22583&councildate=8/2/2O16 5/21/2018
M&C Review
Page 2 of 2
CONTRACT TERMS - Upon City Council's approval, the contract will begin on August 3, 2016 and expire
on September 30, 2017.
RENEWAL OPTIONS - The contract may be renewed for up to five one-year terms at the City's sole
discretion. This action does not require specific City Council approval provided that City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
M/WBE OFFICE - A waiver of the goal for the MBE/SBE subtracting requirements was requested by the
Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance, because
the purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
FISCAL INFORMATION/CERTIFICATION:
The approval of this action provides purchasing authority up to $2,394,934.00 as specified. The Director of
Finance certifies that funds are available in the current operating budget, as appropriated, in the other
Contractual Services account of the Water Department. Prior to an expenditure being made, the Water
Department has the responsibility to validate the availability of funds.
BQN\\
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfieid 2)
56001 0604009 5330201 $2,394,933.341
Submitted for Citv Manager's Office bv: Jay Chapa (5804)
Oriainatinq Department Head: Aaron Bovos (8517)
Additional Information Contact: Jack Dale (8357)
Darian Gavin (2057)
ATTACHMENTS
Bermex Inc Form 1295 Certificate.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22583&councildate=8/2/2O16 5/21/2018