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HomeMy WebLinkAboutContract 33454 Ci i Y SECRETARY CONTRACT NO. AMENDMENT NUMBER 4 TO CITY SECRETARY CONTRACT NO. 28329 WHEREAS, the City of Fort Worth ("City") and Southwest Research Institute ("Engineer") made and entered into City Secretary Contract ("CSC") No. 28329 (the "Contract")which was authorized by the City Council by M&C C-19415 on January 14, 2003; and WHEREAS, the Contract involves services for the development and creation of a Master Plan for Traffic Management and Communication Devices; and WHEREAS, it has become necessary to execute Amendment No. 4 (the "Amendment") to said Contract to include an increased scope of work and revised maximum fee. NOW THEREFORE, City and Engineer, acting herein by and through their duly authorized representatives, enter into the following agreement to amend the Contract: 1. Article I of the Contract is amended to include the additional engineering services specified in M&C C-21351, adopted by the City Council on March 21, 2006, and further specified in Attachment A, Statement of Work, Attachment B, Proposal and Contract for Services, and Exhibit A to Attachment B, Proposal Payments, which are attached hereto and incorporated herein for all purposes incident to this agreement. The cost to City for the additional services to be performed by Engineer shall not exceed$434,487.00 2. Article II of the Contract is amended to provide for an increase in the maximum fee to be paid to Engineer for all work and services performed under the Contract, as amended, so that the total fee paid by the City for all work and services shall not exceed the sum of$1,011,487.00. 3. All other terms and conditions of CSC No. 28329 not specified herein remain unchanged and in full force and effect. If there is any conflict between the Amendment and CSC No. 28329,then CSC No. 28329 controls. [Signature Page Follows] ORIGINAL.. .n C EXECUTED in multiple originals on this Qeday of 2006. ATTEST: CIT OF FORT WORT City Secretary Marc Ott Assistant City Manager Date: 01f-- akS. 6 APPROVED AS TO FORM APPROVAL RECOMMEND: AND LEGALITY: v Assistant CitT Attorney '((�rank Crumb,Director M&C C-21351;Approved 3/21/06 )) Water IT SOUTHWEST RESEARCH INSTITUTE: By: Name: R. B. Kalmbach Title: Director , Contracts Date: April 19, 2006 Attachment A SCOPE OF SERVICES STATEMENT OF WORK "Water Information Technology (WIT) Communication System Implementation Project" SwRI®Proposal No. 10-45131 A Prepared for The City of Fort Worth Water Department Information Technology Services 900 Monroe Street, Suite 202 Fort Worth, TX 76102 Prepared by Southwest Research Institutes 6220 Culebra Road San Antonio,Texas 78238 Gary L. Ragsdale, Ph.D. Jesse F. Flores January 19, 2006 r: GaryL agsdale, Ph.D., incipai Engineer Communi tions and Embedded Systems Department 1. INTRODUCTION The City of Fort Worth Water Department has selected Southwest Research Institute® (SwRI'2) as the consultant to provide professional engineering services to perform studies and design for the development of a "Water Information Technology (WIT) Communication System Implementation Project." The Project consists of three tasks: • Call Center Communications Infrastructure Procurement and Implementation Management Task • Mobility and Remote Communication System Task • Project Management Task The following sections describe each task. 2. CALL CENTER COMMUNICATIONS INFRASTRUCTURE PROCUREMENT AND IMPLEMENTATION MANAGEMENT TASK The City of Fort Worth Water Department(FWWD)maintains and manages a Call Center for the purpose of processing calls from FWWD customers. The FWWD Call Center is responsible for the reliable, timely,and courteous processing of customer calls in a manner that enhances FWWD revenue collection, workforce productivity, and customer goodwill. It is essential that the Call Center meet high standards for customer service,call processing reliability,cost efficiency,and human resource management. The current Call Center is operating at or above its call processing capacity. Consequently, the current Call Center communications infrastructure does not meet many FWWD requirements for call processing automation,efficiency,reliability,and quality of service. The FWWD Communications Security Plan proposed the development of a new Call Center infrastructure to satisfy deficiencies identified by the Communications Security Plan. It is FWWD's desire to procure a more effective Call Center communications infrastructure using a well-defined, well- organized procurement process. The following sections describe the development of a FWWD Call Center Communications Infrastructure Procurement and Implementation Management Task(Procurement Task). Under the Procurement Task,a Call Center Procurement Team (Procurement Team) will be created comprised of Call Center infrastructure experts equipped with a detailed set of Call Center infrastructure requirements, a Call Center Infrastructure Request for Proposal (RFP), and Proposal Evaluation Criteria (PEC). The Procurement Team will solicit proposals from Call Center infrastructure providers,evaluate infrastructure proposals,and recommend a short list of qualified providers. 2.1 Task Scope SwRI*will organize and lead a Call Center Procurement Team consisting of SwRI engineers and FWWD staff for the purpose of developing requirements, composing the request for proposal, interviewing RFP respondents, evaluating RFP responses,selecting one or more qualified supplier finalists,and developing implementation strategies. SwRI will conduct interviews with Call Center area experts and Call Center stakeholders to define detailed Call Center requirements. The team will interview FWWD management, Call Center stakeholders, and Call Center area experts to define the minimum acceptable requirements for potential Call Center infrastructure providers.The team will review the Call Center requirements with the FWWD Procurement Team and incorporate changes to the requirements. SwRI will identify legacy systems and applications support requirements for the new infrastructure to be used as a part of the Call Center requirements. SwRI will interview FWWD experts and managers to Water Information Technology(W17)Communication System Implementation Project I Southwest Research Institute January 19,2006 ,1 determine existing equipment and applications that will be maintained within the new infrastructure. SwRI will identify capabilities and limitations of facilities, power sources, and communications infrastructure necessary to house,power,and communicate with a new FWWD Call Center. SwRI will create a comprehensive Call Center Requirements Definition Document using the detailed requirements collected during this task and the high-level requirements contained in the FWWD Security Communications Plan. SwRl will create a forecast of future network capacity requirements to be used as a part of the Call Center procurement process. SwRl engineers will use network statistics provided by FWWD to quantify current data network capacity, which will serve as a benchmark for the FWWD data network. FWWD will provide SwRI with data network statistics on data volumes and packet volumes. SwRI will analyze FWWD network statistics to quantify current network capacity, reliability, backup, and restoration requirements. SwRI will interview FWWD service planners and market experts to obtain predictions of FWWD service growth. SwRI will use the network capacity benchmark and growth predictions to prepare a network capacity forecast. Swill will provide the current capacity benchmark and the capacity forecast to FWWD in a Communications Network Requirements Definition Document. SwRI will create a Call Center Communications Infrastructure Request for Proposal document using the requirements and concepts contained in the Call Center Requirements Definition Document and Communications Network Requirements Definition Document. The SwRI document will contain the technical content for a formal RFP solicitation to be prepared and issued by FWWD. SwRI will lead the Procurement Project Team during the assignment of weights to the requirements in the Call Center Requirements Definition Document and Communications Network Requirements Definition Document. Weights will be assigned based upon the relative importance of each requirement. SwRI will construct a Call Center Communications Infrastructure Procurement Selection Criteria Document to be used as a tool for evaluating supplier proposals. The Procurement Team will interview RFP respondents and evaluate respondent proposals. The Procurement Team will score the proposals using the Procurement Selection Criteria. SwRI will summarize the results of the evaluation in a Procurement Recommendation Document. It is envisioned that the Call Center Communications Infrastructure Procurement Recommendation will contain a short list of one or more recommended suppliers with which the FWWD may choose to negotiate the purchase of Call Center infrastructure. SwRl will render a recommendation regarding the supplier that SwRI views as best qualified to supply the FWWD Call Center communications infrastructure. SwRI will work with the Procurement Team and the selected Call Center infrastructure provider to create a Call Center Communications Infrastructure Implementation Strategy Document. The Implementation Strategy will define a methodology for decommissioning old Call Center infrastructure and commissioning new Call Center infrastructure. The Implementations Strategy Document will contain the following information: • Identify existing infrastructure to be decommissioned • Identify new infrastructure to be commissioned • Recommend methods for the integration of new and legacy infrastructure • Schedule infrastructure implementation according to FWWD logistical and financial constraints • Describe an orderly cutover sequence for FWWD call processing to the newly integrated infrastructure • Identify tests and procedures needed to ensure proper commissioning of the new infrastructure Water Information Technology(W17)Communication System Implementation Project 2 Southwest Research Institute January 19,2006 r�� • Identify procedures and tests for reverting to the old infrastructure if problems develop during new infrastructure commissioning. 2.2 Task Deliverables The following items will be delivered by SwRI to FWWD during the execution of this task: • Call Center Requirements Definition Document • Communications Network Requirements Definition Document • Call Center Communications Infrastructure Request for Proposal • Call Center Communications Infrastructure Procurement Selection Criteria Document • Call Center Communications Infrastructure Procurement Recommendation Document • Call Center Communications Infrastructure Implementation Strategy Document • Monthly Task Order Status Reports All of the deliverables except the Monthly Task Order Status Reports will be delivered to FWWD as document sections or appendices comprising the FWWD Call Center Communications Infrastructure Plan. 2.3 Procurement Task Assumptions The following sections describe the task dependencies and task exclusions that comprise the assumptions upon which SwRl will develop the Procurement Task. 2.3.1 Project Dependencies SwRI will review and score up to five proposals received from prospective Call Center communications infrastructure suppliers. Approval of additional Plan project funds by FWWD may be required before SwRl can review and make recommendations on more than five supplier proposals. The City of Fort Worth Water Department will provide SwRl with FWWD data network statistics in a compatible electronic form and in sufficient detail to be readily processed by SwRI using SwRI network modeling software. It is assumed that the selected infrastructure provider will provide acceptance test procedures for verifying proper installation and operation of the new infrastructure. See Section 5 for additional project dependencies affecting this task. 2.3.2 Tasks and Activities Specifically Not Included in This Scope of Work SwRI is willing to provide additional services to the Water Department under the Procurement Task if the Water Department authorizes and funds additional tasks. The following tasks may be desired by the Water Department and can be performed by SwRI, but are outside the Procurement Task Scope of Work as stated herein. 1. SwRI will not integrate and test of any of the products and services that SwRI may recommend during the development of the Procurement Task. 2. SwRl will not perform a business process engineering study of FWWD Call Center business practices during the development of the Procurement Task unless the FWWD approves the addition of a Call Center business process engineering task to the scope of work. Water Information Technology(W17)Communication System Implementation Project 3 Southwest Research Institute January 19,2006 3. This statement of work assumes that FWWD will combine the RFP technical content created by the Procurement Task with FWWD RFP language to create an official FWWD RFP document. It is assumed that FWWD will issue an official FWWD RFP to one or more infrastructure providers in a timely manner consistent with a Procurement Task schedule mutually agreed to by FWWD and SwRI. 4. SwRI will evaluate the technical content of competing infrastructure provider proposals using the requirements and selection criteria defined in the Procurement Task. SwRI will evaluate product demonstrations provided by infrastructure providers. SwRI will not integrate or test proposed equipment, software applications, or telephone services unless the Water Department approves the addition of a Call Center equipment evaluation task to this scope of work. 5. SwRI will recommend site topography, site capacity, site function, and other high level architectural designs for the Call Center infrastructure. It is assumed that the selected infrastructure provider will develop detailed equipment diagrams, wiring diagrams,or other site-specific plans as directed by the architectural designs provided by SwRI. SwRI will not develop site-specific plans. 6. SwRI will not develop new software for extracting network statistics from FWWD data bases. 7. SwRI will not create detailed acceptance test procedures for new infrastructure components. 3. MOBILITY AND REMOTE COMMUNICATION SYSTEM TASK The Mobility and Remote Communication System Task is for the development of a strategy and a plan for a wireless communication system design and implementation in support of the multiple Water Department's systems (e.g., homeland security, work order management, automatic meter reading, SCADA systems). This project will examine wireless communication methods to be used by high value applications within the water treatment system (WTS). Basic Mobility and Remote Communication System Task concepts include: • The wireless system will provide coverage for a large part of the City area. • The wireless system will provide wireless data access for fixed-site applications such as automatic meter reading,video surveillance,access control,and intrusion detection. • The system will provide wireless access for mobile applications such as drive-by meter reading, work order management(WOM),engineering data retrieval,and mobile email. • The resulting plan will show the cost-benefit relationship of a wireless system providing the services listed in the preceding bullets. 3.1 Project Task Elements SwRI will follow a process for the development of the Water Department Mobility and Remote Communication System Plan (the Mobility Plan) using SwRI's experience and proven methods for technology evaluation and deployment. SwRl's standard processes involve the following elements: 1. Operational Concept and Functional Requirements Definition 2. System Analysis 3. System Design During the course of the development steps, SwRI will participate in meetings, conduct interviews, and deliver portions of the Mobility Task work elements. These elements will provide a portion of the Mobility and Remote Communication System Plan as a Mobility Task deliverable or update a portion of the Mobility Plan produced during an earlier step. The results of the steps will be compiled within the Mobility Plan. See Section 3.3 for a listing of task deliverables. Water Information Technology(WI7)Communication System Implementation Project 4 Southwest Research Institute January 19,2006 The Mobility Plan will provide an evolutionary roadmap for the Water Department's wireless communication infrastructure for a forecasted period of three years, referred to as the "Mobility Task Time Line" The Water Department may employ the Mobility Plan for three years or more at its discretion. 3.2 Mobility And Remote Communication System Task Organization The Mobility and Remote Communication System Task consists of a set of elements. Some elements consist of two or more subtasks referred to henceforward as "sub-elements." The following sections describe the elements and sub-elements comprising the Mobility and Remote Communication System Task. 3.2.1 Element 1—Operational Concept and Functional Requirements Definition The Operational Concept and Functional Requirements Definition element will consist of two sub- elements as described in the following sections. 3.2.1.1 Sub-Element 1—Operational Concept Definition SwRl will meet with Water Department personnel and contractors (e.g., system users, providers of infrastructure, system operators, service providers, system vendors) to define a detailed operational concept for the Water Department's wireless communication infrastructure. The operational concept will encompass communication requirements for the following systems within the Task Time Line: All of the systems listed below are critical to the Water Department: • Physical Entry Access Control and Detection Systems(Remote and onsite control and monitoring for remote water facilities not serviced by wired communications, such as remote water towers, tanks, etc.) • Closed Circuit TV Monitoring and Recording Systems (Remote and onsite viewing for remote water facilities not serviced by wired communications,such as remote water towers,tanks,etc.) • SCADA Controllers and Systems • Meter Reading Systems (Utilizing fixed wireless access points for automatic meter reading and vehicular mobile access points for drive-by meter reading) • Mobile Work Order Management Systems(mobile communications for dispatch,record retrieval,and recordkeeping) SwRI will assemble the operational needs, capabilities, outstanding issues, and future requirements into an overall vision of how the new wireless communication infrastructure should operate, what services it should provide,and where it should be deployed. SwRl will discuss its findings with the Water Department. Feedback obtained during the discussion will refine the operational concept. SwRI's goal will be to achieve a broad consensus among the various infrastructure stakeholders regarding the operational capabilities of the wireless communications infrastructure. SwRl will document the results in an"Operational Concept and Functional Requirements Document." 3.2.1.2 Sub-Element 2—Functional Requirements Definition SwRl understands that the wireless communication infrastructure must support the Water Department's legacy of existing equipment and applications while gracefully incorporating new technology. The Water Department wishes to incorporate new technology that economically addresses new wireless requirements and system growth. Moreover,the Water Department wishes to achieve greater economy and efficiency within the WTS. Water Information Technology M7)Communication System Implementation Project S Southwest Research Institute January 19,2006 lid�'J 1\7� •`a[L J:'�V���.��/�% :.,ate n The Water Department and SwRl have mutually agreed to the Mobility Plan Time Line that spans the next three years. The Water Department will have the ability to apply the Mobility Plan beyond three years if desired. SwRl will define the functional requirements of the wireless communications infrastructure within the Mobility Plan Time Line. SwRl staff will define support requirements for existing systems, methods for using available infrastructure, functional requirements to support new systems (e.g., mobile work order management), and planned implementation of new devices(e.g.,wireless meters). SwRl staff will consider disaster recovery, cyber security, new wireless infrastructure applications, and wireless transmission infrastructure alternatives. SwRl will interact with the Water Department throughout the study, sharing its findings and seeking the Water Department's insight into the functional requirements of the wireless communications infrastructure. SWR-1 will discuss the functional requirements with the Water Department and document the requirements within an"Operational Concept and Functional Requirements Document." 3.2.2 Element 2—Systems Analysis SwRl will evaluate the operational performance and reliability of the Water Department's existing wireless communication infrastructure to determine if the systems are adequate to be a part of the overall Mobility Plan recommendation. SwRI's system analysis will evaluate new wireless communication standards, products, and services, which if employed will lead to an orderly and economical evolution of the communications infrastructure using mainstream technologies. SwRl will survey the communications industry and evaluate the communications capabilities of products and services that will be available during the Mobility Plan Time Line. SwRl will evaluate the following technologies for their ability to meet the Water Department's requirements: 1. Leased wireless services(e.g., 3`d generation cellular data services,Wi-Max) 2. Hybrid wireless systems,i.e.,combinations of wireless and wired technology 3. Wireless transmission systems(e.g., established Water Department frequencies and existing wireless infrastructure, Water Department-owned WAN extensions,unlicensed spread spectrum) Product and service evaluations will seek to avoid technologies that lead to premature obsolescence of new equipment investments, premature disposal of existing equipment, or sole source supplier solutions. Evaluations will seek products and services that employ open standards, encourage competitive supplier procurements, and provide the greatest assurance of being in the industrial mainstream during the Mobility Plan Time Line. SwRl will evaluate alternative wireless communications methods seeking a beneficial combination of functional capability,coverage,capacity,and cost. SwRl will quantify the tangible benefits of a wireless infrastructure like labor cost reductions, reduced transportation costs, reduced recordkeeping costs, and improved workforce productivity. SwRl will qualify intangible benefits like improved service levels and shorter mean-times-to-repair. SwRl will share its findings with the Water Department during meetings and working sessions. The results of SwRI's evaluation will be documented in a "Wireless Communications System Evaluation and Capability Document." 3.2.3 Element 3—Communications System Development SwRl will work with the Water Department to design a wireless communications architecture that encompasses the operational concepts and functional requirements of the Water Department's wireless applications. SwRl will recommend high-value products and services that represent good tradeoffs between functionality and cost. Selected products will become a part of an architectural design that Water Information Technology(WID Communication System Implementation Project 6 Southwest Research Institute January 19,2006 supports critical system requirements. Where practical, SwRI will employ available infrastructure and services to reduce operating costs and capital investments. SwRl will forecast the cost to implement and manage the system within the Mobility Plan Time Line using information obtained from potential suppliers and the Water Department. The forecast will predict one-time investments for implementing the system, recurring operational costs, and the manpower necessary to maintain and operate the infrastructure. The design will support existing and future wireless systems (e.g,, SCADA, meter reading, work order management,etc.). It will support critical security systems, which include video cameras,access control, and access detection devices. SwRI will share its ideas with the Water Department during architectural design. The design and product selections will be documented in a "Wireless Communication Architecture Design." 3.3 Mobility Task Deliverables Summary The following list summarizes the project deliverables described in the earlier Sections 3 paragraphs: • Mobility Plan,comprised of the following: Operational Concept and Functional Requirements Document Wireless Communications System Evaluation and Capability Document Wireless Communication Architecture Design Document The Water Department will receive document deliverables in the form of five paper copies and one electronic copy of each deliverable. 3.4 Task Assumptions The following sections describe the task dependencies and task exclusions that comprise the assumptions upon which SwRl will develop the Mobility Plan. 3.4.1 Task Dependencies See Section 5 for project dependences affecting this task. 3.4.2 Tasks and Activities Specifically Not Included in This Scope of Work SwRI is willing to provide additional services to the Water Department under the Mobility Task if the Water Department authorizes and funds additional task elements. The following task elements may be desired by the Water Department and can be performed by SwRI,but are outside the Mobility Task Scope of Work as stated herein: 1. SwRI will not assemble or test any of the products and services that SwRl may recommend during the development of the Mobility Task. 2. SwRI will not assemble or test equipment or service alternatives within a technological area (e.g., wireless services, wireless equipment) for the purpose of selecting a technology area supplier or a short list of technology area suppliers. 3. SwRI will not develop site-specific implementation plans, wiring diagrams, or other site-specific documentation. 4. SwRI will not assemble or test security capabilities or develop security enhancements for applications or end systems,which include those listed in Section 3.2.1. 5. SwRI will not evaluate the shared use of CFW communications infrastructure by the Water Department and other City of Fort Worth departments or other government agencies; i.e., the Water Information Technology(WI7)Communication System Implementation Project 7 Southwest Research Institute January 19,2006 r - ��UI. 1���•. 21'1, �%�1` Uo `J evaluation will only consider the Water Department's requirements for wireless communications infrastructure. 4. PROJECT MANAGEMENT TASK SwRl will provide project management oversight for project tasks, SwRl staff, and SwRl subcontractors during the performance of the project. SwRl staff will provide written monthly status reports that describe the progress and results of work performed on each task by SwRl and its subcontractors. SwRl will provide monthly invoices for work accomplished during the prior month. Each invoice will provide a breakdown of costs by project task. The following list summarizes the Project Management Task deliverables: • Monthly Project Status Reports The Water Department will receive document deliverables in the form of five paper copies and one electronic copy of each deliverable. 5. PROJECT DEPENDENCIES The following dependencies must be satisfied for the successful completion of all tasks within this proposal: 1. To reduce travel cost, SwRl will provide monthly project status briefings in conjunction with other trips to the Water Department; i.e., SwRl will not travel to Fort Worth exclusively for the purpose of delivering a monthly status briefing. 2. The City of Fort Worth Water Department will assign a Water Department employee to be SwRl's primary point of contact for coordinating project activities and schedules. The point of contact will organize meetings between SwRl and Water Department Call Center stakeholders, receive SwRl project deliverables,and coordinate modifications to deliverables. Water Information Technology(W17)Communication System Implementation Project 8 Southwest Research Institute January 19,1006 �. 7 ATTACIBUNT B PROPOSAL AND CONTRACT FOR SERVICES rot Southwest Research Institute® PROPOSAL AND CONTRACT FOR SERVICES SOUTHWEST RESEARCH INSTITUTE, a Texas nonprofit corporation located at 6220 Culebra Road, San Antonio, Texas 78238-5166 (SwRIs), proposes to provide the services described in SwRI Proposal No. 10-45131-A (Project) for FORT WORTH WATER DEPARTMENT located at 900 Monroe Street,Suite 202,Fort Worth,Texas,76102(Client). This proposal will be effective until April 18, 2006 and, if accepted by Client on or before the above date or such other date as may be mutually agreeable, it will become effective as a contract on the following terms and conditions: 1. Performance will begin at the earliest practicable date,but in no event later than five (5) days after the effective date, and shall continue for a period of twelve (12) months unless this performance period is modified by mutual agreement in writing. 2. SwRI shall devote such time and attention to the Project as is needed for its proper and diligent conduct, and shall provide SwRI-owned and available scientific equipment and laboratory and service facilities as required. 3. Payment terms will be as described in Exhibit A. 4. SwRI shall report to Client from time to time as the Project progresses all significant information resulting from this Project. In addition,all information obtained by SwRI as a result of the Project will be available to Client at any time while this contract is in force. 5. SwRI shall not publish or make known to others the subject matter or results of the Project or any information obtained in connection therewith which is proprietary and confidential to Client without Client's written approval. No advertising or publicity containing any reference to SwRI or any of its employees,either directly or by implication,shall be made use of by Client or on Client's,behalf without SwRI's written approval. In the event Client distributes any report issued by SwRI on this Project outside its own organization, such report shall be used in its entirety, unless SwRI approves a summary or abridgement for distribution. 6. SwRI represents that each of its employees assigned to work on the Project will have entered into an employment contract with SwRI which provides for the assignment to SwRI of all inventions of such employees which fall within the terms of this contract with Client. If,during the time this contract with Client is in force, an SwRI employee as a result of his/her work on the Project makes an invention or discovery which relates exclusively to the Project, SwRI shall promptly make the fact of such invention or discovery known to Client. At Client's request, SwRI shall use its diligent efforts to cause its employees to execute all papers necessary or incidental to timely and proper applications for Letters Patent of the United States and all foreign countries and to convey to Client complete title to all such inventions and discoveries. All applications for .� a SwRI/Proposal and Contract for Services/]0-45131-A 2 Letters Patent shall be prepared, filed and prosecuted at the expense of Client by attorneys employed by Client and all expenses, including SwRl employees' time and travel incurred in connection with such applications, shall be obligations of Client. All such expenses incurred by SwRI and its employees under this Article 6 shall be separately invoiced and paid by Client in addition to the payments provided for in Exhibit A. 7. SwRI shall not undertake simultaneous research and development projects for more than one client when, in the judgment of SwRI, the objectives of the projects or the nature and scope of the work required to be done may result in a conflict of interest. 8. A delay in or failure of either SwRI or Client to perform its obligations hereunder as described shall not constitute default under this Contract nor give rise to any claim for damage if and to the extent such delay or failure is caused by occurrences beyond the control of the party affected, including but not limited to: acts of God; expropriation or confiscation of facilities or compliance with any order or request of any governmental authority or person purporting to act therefore which affects to a degree not presently existing the supply,availability or use of materials or labor; acts of war or the public enemy; public disorders, rebellion, or sabotage; floods; riots; strikes;whether direct or indirect;or any causes whether or not the class or kind specifically named above, not within the control of the party affected and which, by the exercise of reasonable diligence,said party is unable to prevent,mitigate or remove. 9. United States export control laws and regulations apply to this contract and SwRI will comply with such laws and regulations in the performance of the contract. Client expressly assures SwRI that no unpublished technical data, or hardware, furnished by SwRI to Client and no direct product thereof will be furnished or made available by Client to any third party except in accordance with the applicable laws and regulations of the United States then in force. 10. Unless otherwise noted, a facsimile representation of an authorized signature shall be considered as binding as the original signature itself. 11. This contract constitutes the entire agreement between the parties relating to the Project and supersedes all previous agreements and understandings related thereto. This contract may not be altered, amended, or modified except by written instrument signed by the duly authorized representative of both parties. 12. This contract shall terminate upon the first to occur of the following events: (a)completion of the Project; (b) expiration of the performance period specified in Article 1 or subsequently agreed upon; (c) receipt by SwRI of written notice of termination from Client; (d)receipt by Client of written notice of termination from SwRI, provided however, SwRI shall have no right to terminate unless Client has failed to pay any invoice rendered by SwRI when due and has failed to remedy such failure within ten (10)days following receipt of notice from SwRI stating its intention to terminate. SwRLTroposal and Contract for Services/10-45131-A 3 13. Personnel for any negotiations required on this procurement may be contacted as follows: Contractual: Mr. Bobby R. Combs, Contract Specialist, Contracts Department, 210/522- 2234,facsimile 210/522-3559;e-mail bobby.combs@,wM.org; Ms. Dorothy Rosales, Group Leader, Contracts Department, 210/522-5652, facsimile 210/522-3559,e-mail domthy.rosales@swii.org; Mr. Alex Garza, Assistant Director, Contracts Department, 210/522-2397, facsimile 210/522-3559,e-mail alo:.garza@wri.org; Mr.R. B.Kalmbach,Director,Contracts Department,210/522-2261, facsimile 210/522-3559,e-mail rkalmbach@swri.org. Electronic notification of award should be sent to e-mail address contract@swri.org, Payment: Nft.R.E.Chatten,Director,Business Services,210/522-2235. 14. Correspondence shall be addressed: Southwest Research Institute P.O.Drawer 28510 San Antonio,Texas 78228-0510 SOUTHWEST RESEARCH INSTTI'UTE® By: Name: R.B.Kalmbach Title: Director,Contracts Date: January 18,2006 ACCEPTED: FORT WORTH WATER DEPARTMENT (Client) By Name Title Date Southwest Research Institute Proposal and Contract for Services Exhibit A Proposal 10-45131A Payments The estimated amount of the cost of the Project is Four Hundred Thirty Four Thousand Four Hundred Eighty-Seven Dollars($434,487.00). This amount is the best estimate of the total cost of the Project that can be made at this time. Client agrees that it is not obligated to reimburse SwRI in excess of such amount nor is SwRI obligated to continue the conduct of the Project and incur charges in excess of such amount unless Client agrees in writing to increase the amount. Client shall make payments based upon invoices submitted at the end of each four (4) weeks following initiation of Project. A signed, accepted copy of this proposal and/or Client's acceptable purchase order must be received prior to commencement of work. All invoices rendered Client by SwRI shall be paid within twenty (20)days from date of invoice.Such payment shall be made to the address identified on the invoice. Upon completion of the Project and after all charges incurred in connection therewith are available to SwRI, SWRI shall submit to Client a statement of such charges together with either an invoice for any additional charges due and unpaid, total invoiced amounts not to exceed the contract amount, or a cash refund for any excess of payments received over charges incurred. SwRI is expressly authorized to declare the contract in default and to suspend or terminate work,without penalty,at any time any applicable SwRI invoice is not paid to SwRI within thirty(30)days after the invoice due date. SwRI is a nonprofit research and development organization that to some extent must rely on its clients to provide funding for projects conducted in their behalf. Nonprofit research institutes use this funded payment policy in order to minimize the working capital necessary for maintenance of their services. These funded payments vary,depending upon project amount,nature,and performance period of the project undertaken. If you have any questions regarding the payment requirement, please contact Mr. Robert E. Chatten, Director,Business Services,at(210)522-2235. All invoices shall be submitted in duplicate and shall be addressed to: (To be completed by Client) CPNP ATTACHMENT C AMENDMENT TO PROPOSAL AND CONTRACT FOR SERVICES The following modification is made to the City of Fort Worth Proposal and Contract for Services,Attachment B to Amendment No. 4 to CSC No.28329: Page 2, Paragraph 11 Replace the first sentence with the following: "This contract constitutes the entire agreement between the parties relating to the expanded scope of services of the Project and supersedes all previous oral agreements and understandings related thereto." Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/2112006 DATE: Tuesday, March 21, 2006 LOG NAME: 60SOUTHWEST REFERENCE NO.: **C-21361 SUBJECT: Authorize Execution of Amendment No. 4 to the Engineering Services Agreement with Southwest Research Institute to Research and Develop a Call Center Communications Infrastructure Procurement Plan for the Water Department RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Amendment No. 4 to the engineering services agreement with Southwest Research Institute to provide a strategy and infrastructure procurement and implementation plan for the Water Department in the amount of$434,487.00. DISCUSSION: On January 14, 2003, (M&C C-19415) the City Council authorized an engineering services agreement between the Transportation and Public Works Department (T/PW) and Southwest Research Institute (SwRI) to create a Master Plan for Traffic Management and Communication Devices for an amount not to exceed $377,000.00. The contract has been amended three times. Amendment No. 1 extended the contract timeline by eight months changing the contact duration from 10 months to 18 months, at no cost. Amendment No. 2 increased the scope of work for additional engineering services, increasing the maximum fee of $377,000 by $6,000 for a contract total of$383,000.00. Amendment No. 3 increased the scope of work for additional engineering services for the plan and design of the Water Department's security communications network at a cost not to exceed $194,000.00 increasing the total estimated contract amount to $577,000.00. The Water Department has requested that this contract be amended to manage the Call Center Communication System Procurement and Implementation. In addition Southwest Research institute will perform a study on the wireless technologies in support of a mobile work force to improve work force efficiencies, automated meter reading for potential cost savings and wireless security camera capabilities for Homeland Security. The cost for the additional services shall not exceed $434,487.00, increasing the total estimated contract amount to $ 1,011,487.00. Southwest Research Institute is in compliance with the City's M/ BE Ordinance by committing to an additional 10% M/WBE participation on this Amendment No. 4. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund. http://www.cfwnet.org/council_packet/Reports/mc_print.asp ����� y�` L ; 4/11/2006 Page 2 of 2 TO Fund/Account/Centers FROM Fund/AccountlCenters PE45 539120 0601001 $217.243.50 PE45 539120 0701001 $217,243.50 Submitted for City Manager's Office-b3: Marc Ott (8476) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: S. Frank Crumb (8207) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/11/2006