HomeMy WebLinkAboutContract 48301-A1 . -.r CITY SECRETARY
RECEIVED CONTRACT NO._ a
"'=5 2018 FIRST AMENDMENT TO
FORT WORTH CITY SECRETARY CONTRACT NO. 48301
CIN OF FORT WORTH
CITY SECRETARY
This Amendment is made between the City of Fort Worth ("City or Client"), a municipal
corporation, acting herein by and through Jesus J. Chapa, its duly authorized Assistant City
Manager and Aqua Metric Sales Company, a registered d/b/a of Thirkettle Corporation, a
California Corporation ("Consultant" or "Contractor") acting herein through Tommy Thirkettle,
its duly authorized President.
WHEREAS, City and Contractor entered into an agreement identified as Fort Worth City
Secretary Contract No. 48301 ("Agreement") for a period of five (5)years beginning October 14,
2016, to expire no later than March 31, 2021;
WHEREAS, Section 2 of the Agreement allows the Agreement to automatically renew
for successive one year terms as necessary to complete the AMI Program;
WHEREAS, the Parties intend to memorialize in this Amendment that the need has been
identified to extend the Agreement through at least on additional year ending March 31, 2022,
for continued program support based on the current demonstrated successful performance of the
Contractor;
WHEREAS, it is the collective desire of both City and Contractor to amend the
Agreement to increase the Contractor's compensation in Section 3, Compensation, by
$58,057,734.00, which will provide a total compensation not to exceed $69,841,431.00 in order
to complete the remainder of the deployment for Phases 3, 4, and 5 of the AMI Program to
include leasing and installation, program leak detection, meter installation, installation of a
Fixed-Based Communication Network, system integration design and implementation, and
system validation all in accordance with the terms of the Agreement;
WHEREAS, it is the collective desire of both City and Contractor to amend Exhibit B of
the Agreement to incorporate the $58,057,734.00 as detailed within; and
WHEREAS, it is the collective desire of both City and Contractor to amend the
Agreement to memorialize that the services provided by Aqua Metric's approved subcontractor,
UtiliWorks Inc., shall be excluded from future services Contractor provides to the City.
NOW THEREFORE, KNOWN ALL BY THESE PRESENT:
Fort Worth City Secretary Contract No. 48301 is hereby amended to be effective June 11, 2018,
by:
1. Memorializing that the Parties intend to extend the Agreement brnug e first
renewal term included in Section 2 of the Agreement, through at le st March 31 2022•
OFFICIAL k6CORD
CITY SECRETARY
FT.WORTH,TX
First Amendment to Fort Worth City Secretary Contract No. 48301 XCCULIVII copy
1 of 5
2. Amend Section 3, Compensation, of the Agreement as necessary to increase the
Contractor's compensation by $58,057,734.00, which will provide a total compensation not to
exceed $69,841,431.00 in order to complete the remainder of the deployment for Phases 3, 4, and
5 of the AMI Program to include comprehensive business process mapping and redesign, leasing
and installation, program leak detection, evaluation of policy and ordinance impacts, meter
installation, installation of a Fixed-Based Communication Network, communication plan
development, initial public outreach and internal education, system integration design and
implementation, and process and system validation all in accordance with the terms of the
Agreement;
3. Amending the Agreement as necessary to demonstrate the Parties agreement that the
services provided by Aqua Metric's approved subcontractor, UtiliWorks Inc., shall be excluded
from future services Contractor provides to the City;
4. Adding Section 32 to the Agreement to read as follows:
"Section 32 Israel.
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
the City is prohibited from entering into a contract with a company for goods or services unless
the contract contains a written verification from the company that it: (1) does not boycott Israel;
and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and
"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this Agreement, Contractor certifies that its signature provides
written verification to the City of Fort Worth that Contractor: (1) does not boycott Israel; and
(2) will not boycott Israel during the term of the Agreement."; and
First Amendment to Fort Worth City Secretary Contract No.48301 Execution copy 5/29/18
2of5
5. Amending Exhibit B — Payment Schedule of the Agreement to incorporate the
following allocation of the $58,057,734.00:
Subcategory
Category/Subcategory Units Cost Total Total
INF Infrastructure $600,000.00
INF I Project Management(Annual) 3 $200,000.00 $600,000.00
RNI Regional Network Interface $0.00
HAR Harris Software License $0.00
UWS j Utiliworks $0.00
MTR Meters&SmartPoints $46,222,928.58
MTR 5/8"x 3/4"SRII TR/PL C.F. 203687 $75.29 $15,335,594.23
MTR 3/4"S SRII TR/PL C.F. 614 $106.10 $65,145.40
MTR 1"SRII TR/PL C.F. 21479 $173.17 $3,719,518.43
MTR 11/2"OMNI R2 TR/PL C.F. 4085 $340.95 $1,392,780.75
MTR 2"OMNI R2 TR/PL C.F. 7033 $478.38 $3,364,446.54
MTR 3"OMNI C2 TR/PL C.F. 56 $1,136.82 $63,661.92
MTR 4"OMNI C2 TR/PL C.F. 224 $1,974.47 $442,281.28
MTR 6"OMNI C2 TR/PL C.F. 240 $3,410.45 $818,508.00
MTR 8"OMNI C2 TR/PL C.F. 77 $5,788.28 $445,697.56
MTR 10"OMNI C2 TR/PL C.F. 25 $7,375.39 $184,384.75
MTR MXU 520M SmartPoint Single Port 215065 $87.01 $18,712,805.65
MTR MXU 520M SmartPoint Dual Port 14848 $104.48 $1,551,319.04
MTR Contingency for meter count growth $126,803.03
INS Installation $10,128,700.76
INS 5/8"x 3/4"SRII TR/PL C.F. 204885 $35.00 $7,170,975.00
INS 3/4"Meter&SmartPoint Installation and Activation 614 $35.00 $21,490.00
INS 1"Meter&SmartPoint Installation and Activation 21479 $35.00 $751,765.00
INS 11/2"Meter&SmartPoint Installation and Activation 4085 $182.35 $744,899.75
INS 2"Meter&SmartPoint Installation and Activation 7033 $205.88 $1,447,954.04
INS 3"Meter&SmartPoint Installation and Activation 56 $411.76 $23,058.56
INS 4"Meter&SmartPoint Installation and Activation 224 $500.00 $112,000.00
INS 6"Meter&SmartPoint Installation and Activation 240 $710.23 $170,455.20
INS 8"Meter&SmartPoint Installation and Activation 77 $994.32 $76,562.64
INS 10"Meter&SmartPoint Installation and Activation 25 $1,420.45 $35,511.25
INS Scrap meter value 80% $1,102,573.75 -$882,059.00
INS Product Staging(Monthly) 36 $12,669.12 $456,088.32
INS Installation Labor Incidentals $0.00
INS Installation Materials Incidentals $0.00
LDS Leak Detection Equipment $602,210.00
Performance&Payment Bond $503,876.66
Total $58,057,734.00
First Amendment to Fort Worth City Secretary Contract No.48301 Execution copy 5/29/18
3of5
Total Phase I&11 Phase 111-V Scrap Price Per Value Per
MeterSize Unit Weight Total Phase I&11 Total Phase 111-V Total
Quantity Quantity Quantity Lb. Meter
5/8 x 3/4" 210776 7089 203687 3.5 $1.00 $3.50 $737,716.00 $24,811.50 $712,904.50
3/4" 622 8 614 4 $1.001 $4.00 $2,488.00 $32.00 $2,456.00
1" 25339 3860 21479 5 $1.001 $5.00 $126,695.00 $19,300.00 $107,395.00
11/2" 4189 104 4085 12 $1.00 $12.00 $50,268.00 $1,248.00 $49,020.00
2" 7399 366 7033 24 $1.00 $24.00 $177,576.00 $8,784.00 $168,792.00
3" 1 95 39 561 66 $1.00 $66.00 $6,270.00 $2,574.00 $3,696.00
4" 260 36 224 90 $1.00 $90.00 $23,400.00 $3,240.00 $20,160.00
6" 284 44 240 142 $1.00 $142.00 $40,328.00 $6,248.00 $34,080.00
8" 90 13 77 765 1 $0.051 $38.25 $3,442.50 $497.25 $2,945.25
101• 26 1 25 900 1 $0.051 $45.00 $1,170.00 $45.00 $1,125.00
Scrap Subtotal $1,169,353.50 $66,779.75 $1,102,573.75
Handling Credit(20%) $233,870.70 $13,355.95 $220,514.75
Scrap Total $935,482.80 $53,423.80 $882,059.00
All other terms, provisions, conditions, covenants and recitals of said Agreement not expressly
amended herein shall remain in full force and effect.
APPROVED FOR APPROVED FOR
CITY OF FORT WORTH:
AQUA METRIC SALES COMPNAY, A
REGISTERED D/B/A, THIRKETTLE
CORPORATION
By:�
BY:
Jesus J. Chapa V ITommy Thirkettle
Assistant City Manager President
Date: (p �( Date: 5 -d,!7—/S2
APPROVED AS TO FORM
AND LEGALITY:
J
By: FORT
Jessica San ang <C
Assistant Ci Attorney
ATTE V`
S
By: TEXOFFICIAL RECORD
M J. ayser CITY SECRETARY
Ci Secretary WOITMI TX
First Amendment to Fort Worth City Secretary Contract No.48301 Execution copy 5/29/18
4of5
Contract Authorization:
M&C - C-28695
Date Approved: 05/15/2018
FORM 1295: 2018-346669
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all erformance and reporting requirements.
Madelene TTaIkb
Senior Professional Engineer, P.E.
AMI Program Manager
OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
First Amendment to Fort Worth City Secretary Contract No. 48301 Execution copy 5/29/18
5of5
IVB&C Review Page 1 of 2
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FSR. T1+
COUNCIL ACTION: Approved on 5/15/2018
DATE: 5/15/2018 REFERENCE NO.: C-28695 LOG NAME: 60MYH2O
AMEND 1
CODE: C TYPE: NON-CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Amendment No. 1 to City Secretary Contract No. 48301 with Aqua Metric Sales
Company, a Registered D/B/A of Thirkettle Corporation, for the Full City-Wide
Deployment of the Advanced Metering Infrastructure Program Known as MyH2O in an
Amount Not to Exceed $58,057,734.00 for a Total Contract Amount of$69,841,431.00
(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize Amendment No.1 to City Secretary Contract No.
48301 with Aqua Metric Sales Company, a registered d/b/a of Thirkettle Corporation, for the full City-
wide deployment of advanced metering infrastructure through the MyH2O Program.
DISCUSSION:
On September 1, 2015, the City Council authorized the first of two funding installments for an Advanced
Metering Infrastructure Project, known as the MyH2O Program (Program) (Mayor and Council
Communication (M&C G-18549). This program will give customers new tools and information to better
understand and manage their water use, promote efficiencies from treatment to tap and improve processes
and operations across the utility. The City of Fort Worth requested State Water Implementation Revenue
Fund for Texas (SWIRFT formerly SWIFT) funding from the Texas Water Development Board (TWDB) for
the full $76 million cost of the program, and the TWDB approved the application on July 23, 2015.
On May 17, 2016, the City Council authorized a contract with Aqua Metric Sales Company, a registered
d/b/a of Thirkettle Corporation (Aqua Metric), to implement Phase 1 and 2 of the Program (M&C C-27726).
Work as part of Phases 1 and 2 includes:
Comprehensive business process mapping and redesign, network site selection, leasing and installation;
Evaluation of policy and ordinance impacts;
Communications plan development;
Initial public outreach and internal education;
System integration design and implementation;
Assessment of project dependencies to ongoing projects;
Staffing alignment for long-term program support;
Installation of enhanced leak detection;
Meter installation in initial deployment area;
Installation of a fixed-base communications network; and
Process and systems validation.
On August 29, 2017, the City Council authorized the second of two funding installments for the full City-
wide deployment of the Program (M&C G-19084). Funding in the amount of$63,000,000.00 for the second
installment was appropriated into the Water and Sewer Bond 2017B Project Fund from proceeds of the sale
of Revenue Bonds through the TWDB on October 17, 2017 (M&C G-19141).
This M&C requests authorization to execute a contract amendment to City Secretary Contract No. 48301
with Aqua Metric to undertake Phases 3, 4 and 5 of the Program. The total contract amount includes$56.7
million for the procurement, installation and activation of all meters and end points necessary to complete
the City-wide deployment of the Program. The remainder of the funds will be used for program
management and program contingency.
file:///C:/Users/jchandier/Desktop/Aqua%2OMetric%2OAmendment%2ONo.%201%2OMay%202018/A... 5/30/2018
M&C Review Page 2 of 2
M/WBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
FWWD and approved by the M/WBE Office, in accordance with the M/WBE or BDE Ordinance, because
the purchase of goods or services from source(s) where subcontracting or supplier opportunities are
negligible.
This project is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that appropriation are available in the Water/Sanitary Sewer 2017B
Revenue Bond Fund (TWDB SWIFT) for the MyH2O Program (AMI project). The table below depicts the
funding for the MyH2O Program/Advanced Metering Infrastructure Project:
Existing Additional
Fund Appropriations Appropriations Project Total "
Water Capital Fund
59601 $24,500.00 $0.00 $24,500.00
TWDB SWIRFT $12,301,421.00 $0.00 $12,301,421.00
Fund 57005
WSS 2017B Capital $60,471,450.00 $0.00 $60,471,450.00
Project Fund 56015
Project Total $72,797,371.00 $0.00 IF—$72,797,371.00.
"Numbers rounded for presentation purposes.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID �-- --__ _ ID__ _--- Year Chartfield 2) —
FROM
Fund Department-1Account Project Program Activity Budget
Reference# Amount
ID I _Year (Chartfield
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Chris Harder(5020)
Additional Information Contact: Madelene Rafalko (5467)
ATTACHMENTS
60MYH2O AMEND 1 Form 1295.pdf
rile:///C:/Users/jchandier/Desktop/Aqua%2OMetric%2OAmendment%2ONo.%201%2OMay%202018/A... 5/30/2018
e,- 3,1 co
qc�—
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
Sofl
Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-346669
Aqua Metric Sales Company
SCHERTZ,NV United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/01/2018
being filed.
City of Fort Worth Texas City of Fort Worth Water Department Date Ackno led
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Project SWIFT Project#51014
Advanced Metering Infrastructure Project Phase III-V
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Morrison, Paul Schertz,TX United States X
Wood,Mike Schertz,TX United States X
Lancon,Jeremy Schertz,TX United States X
Aqua Metric Sales Company Schertz,TX United States X
Lancon,Sheri Schertz,TX United States X
Rivas,Carolina Schertz,TX United States X
Arnold,Clint Schertz,TX United States X
Cartwright,Michael Schertz,TX United States X
5 Check only if there is NO Interested Parry. ❑
6 UNSWORN DECLARATION
My name is Michael Cartwright and my date of birth is 05/14/1955
My address is 6700 Guada Coma Drive Schertz TX 78232 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of pedury that the foregoing is true and correct.
Executed in Gaaaa_-oe County, State of Texas on the 1st day of May X 18
(month) (year)
Signature of authors ed agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523