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HomeMy WebLinkAboutContract 37093STATE OF TEXAS COUNTIES OF TARRANT DENTON AND WISE CITY SECRETARY C®NTRACT NO , I Cq3 FHtST AMENDMENT TO CITY SECRETARY CONTRACT NO, 33590 THIS FIRST AMENDMENT to City Secretary Contract No. 33590 (hereinafter "Amendment") is entered into by and between the City of Fort Worth ("City'), a home -rule municipality in the State of Texas, acting through Fernando Costa, its duly authorized Assistant City Manager, and Water Prospecting and Resource Consulting, LLC ("Consultant"), by and through hol.A ()4 WAj its duly authorized Director. WHEREAS, the City and Consultant have entered into that certain agreement identified as City Secretary Contract No. 33590 (also the "Contract") to conduct Phase H of the Water System Optimization Program in an amount not to exceed $425,600; and WHEREAS, the City would like to identify possible areas for increased revenue through the elimination of inaccuracies, inconsistencies and errors in account classifications; and WHEREAS, on March 25, 2008 the City Council approved M&C C-22729 authoring the City Manager to enter into this Amendment with the Consultant to identify possible areas for increased revenue through the elimination of inaccuracies, inconsistencies and errors in account classifications and to increase the not -to -exceed amount of the Contract to allow for such scope of work; and WHEREAS, the parties agree that all other conditions, terms and pricing shall remain the same as stated in City Secretary Contract No. 33590. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, the parties hereto agree as follows: 1. Scope of Services. Article IA shall be amended to add Attachment A2 to the Contract. 2. Compensation. Article II.A shall be amended to add Attachment B2 to the Contract and to increase the Not -to -Exceed amount of the Contract by $59,162. 3. Non -Disclosure Agreement Consultant shall execute the Non -Disclosure Agreement shown as Attachment C and which shall be incorporated herein. First Amendment and Water Prospecting and Resource Consulting LLC N � ORIGINAL 4. Miscellaneous. Nothing contained herein shall be deemed to amend or modify the Contract, except as expressly set forth herein. Any defined term used herein, but not defined herein, shall have that meaning set forth in the Contract. Executed this Lday of inky. , 2008. CITY OF FORT WORTH L Fernando Costa Assistant City Manager Approved as to Form and Legality: A.ssistaAt City Attom yy Attest: �]; °� Mari Hendrix City Secretary S . Frank Crumb, P.E. Water Director RESOURCE COl�SULTING, LLC Director Witness: First Amendment and Water Prospecting and Resource Consulting LLC CRL 04.30.08v1 II D -2- :�icr'o �J 7 u L is I Attachment A2 Scope of Work First Amendment and Water Prospecting and Resource Consulting LLC CRL 04.30.08v1 SCOPE - REVENUE ENHANCEMENT TASK 1. ANALYZE BILLING SYSTEM FOR ACCOUNTS WITH WATER BILLED AND NO WASTEWATER BILLED. 2. CONDUCT' A MONTHLY BILLING REVIEW OF ZERO READINGS AND INACTIVE ACCOUNTS FORA PILOT SAMPLE OF CYCLES (3) 3. REVIEW 3 YEARS OF MONTHLY CONSUMPTION DATA FOR SELECTED ROUTES 4. REVIEW BILLING CLASSIFICATIONS 5. DEVELOP PERFORMANCE INDICATORS AND GOALS Deliverables (all deliverable databases will be in electronic form in a standalone format. yYPRC will not upload information onto the HTE system. All reports will incktde 10 hard copies and 3 e- copies.) TASK 1 1. Complete system database (current to date database provided) with alphanumeric meter numbers changed to numeric only for all meters to the date database provided. 2. Listing of meters with water billed, but no wastewater billed. 3. Listing of above meters that are within 300 feet of a Fort Worth sewer line (This may only be in areas where the sewer mapping is sufficient for this analysis). Conduct up to 10 site reviews to check data accuracy. 4. GIS map of approximate location of accounts with water billed, but no wastewater. TASK 2 1. Listing of customers with zero consumption for last three billing periods. 2. Development of methodology to evaluate zero consumption readings for meter problems. Ranking of zero consumption accounts by probability of risk of meter error. Conduct up to 10 on -site reviews. 3. Develop listing of inactive accounts. 4. Report of results. TASK 3 1. Report on pilot sample of three routes where 2 years of consumption data is analyzed to determine if meter errors can be found usnig this method. TASK 4 1. Report on billing classification review and possibilities for enhancements to improve revenue. TASK 5 1. Reporting on proposed performance indicators to estimate efficiency of billing system and revenue enhancement prograni. This will include basic statistics such as mm�ber of inactive accounts and zero use accounts on an annual basis. WPRC : REMDeliverables 020208 2. Analysis of selected routes (up to three) for savings from water meter replacement program. Review of 2 years of data. Schedule: This project will be completed within four (4) months of receipt of data. Information to be Provided by City of Fort Worth Staff: 1. Billing database in either .mdb, .txt or ASCII format (preferably .mdb) with the following fields. • Cycle • Route • MeterNumber • HighAudit • LowAudit • AccountCode • Address • ZIP • Name • PrcviousReading • Reading • Consumption • CustomerClass • Month • MeterSize • Parcel • BillingDate The database should include EVERY account (uicluding Inactive) for the most recent last three billing cycles. (Every account is being used as this was determined to be the least amount of work for city staff and would reduce the amount of times the consultant would need to ask for additional data). Note that WPRC staff will make themselves available for city staff during the database downloads to reduce arty possibility for incorrect data. 2. Available and up-to-date (as much as is available) GIS mapping of the water and sewer systems —pipelines are the most important features. 3. Once the billing database has been reviewed (probably 1 to 2 months into the project) one further billing query for three billing routes — 2 years of consumption data. WPRC REMDeliverables 020208 Attachment BZ Compensation Schedule First Amendment and Water Prospecting and Resource Consulting LLC CRL 04.30.08v1 J °, -4- \ / \ \ \ � � k Q & $/$ / \ \ 2 \| � � \|�|� � � ka 9 GRS k W `f $ $2Q � o . « � o e a##m a � 5 2 7 \\\\ § � 7 _¥ m Q2QR Q � � � m w � k � ) � _ &r} � \ \me ; 22) ] U � e©§ $ � f q%� �$ %�/ \ � k) $k§ � � � ���o U j\ ��/ �\ /ef 7- � �2ƒ&� �;§\ \_-�® ®® � , ,3af7;§[§ 2)�R%s�f2 � � \\\\�\§�k � § _\Gj2\]/]\ � ■ � / E G � � > > a A� k�o�ImJ±& U $ / W/� m m# r o � e � Q � R � �\ k �§ \ k @ E 22 = I] \ 22 k §k \ / \ « \ � .� � « . $ .�. . � »<( � .. �� iA 3��°^\� j ! \� I� �ƒ �b \ � � � ;�� \ o» \\ Ga \ k k � \ § _ k \ k \\ � � k � ®# f� °£ mG �\ K\ *a �§ - >§_� m� \\ �s \ \ \ $ f 77/�} \ � } J @ E ° � ƒ � \ ƒ Attachment C Non Disclosure Agreement First Amendment and Water Prospecting and Resource Consulting LLC CRL 04.30.08v1 -5- Attachment C NON -DISCLOSURE AGREEMENT This is an agreement between City of Fort Worth (y' and Water Prospecting and Resource Consulting LLC ("Recipient') pursuant to City Secretary Contract No. 33590, as amended. The City may be disclosing sensitive and confidential information of a personal nature for business, tracking, or other purposes ("Confidential Information"). The City would not make such disclosures without Recipient's agreement to maintain confidential treatment of such information. It is understood that confidential, sensitive or personal information provided by the City may be the property of City partners, City employees or officials, as well as of City, itself. Therefore, the parties agree as follows: 1. Recipient will not disclose or use any sensitive, personal, or confidential information from City designated orally or in writing as "Confidential" or "Sensitive" or in like words, or which Recipient should reasonably know is sensitive or confidential, without the prior written consent of City, and then only to the extent specified in such consent. Confidential Information may not be copied by Recipient. Recipient agrees to treat Confidential Information as it would its own Confidential Information and to disseminate it within its own organization only to the extent necessary for the purposes for which it has been provided and only to Recipient's employees or consultants who are bound to maintain its confidentiality. The Confidential Information is being disclosed to allow the Recipient to perform the scope of work as described in the First Amendment to City Secretary Contract [�lo. 33590. 2. Such restrictions on use or disclosure of Confidential Information described in Paragraph 1 do not extend to any information which (i) is publicly known at the time of its disclosure (ii) is lawfully received from a third party not bound in a confidential relationship to City (iii) is published or otherwise made known to the public by City (iv) is independently developed by Recipient or Subsidiary of the Recipient without using Confidential Information of City or (v) is required to be disclosed pursuant to a court order, duly authorized subpoena, or other governmental or legislative authority. In such cases, notice must be provided to City prior to such disclosure. 3. Upon request by City, Recipient shall return all information received, with a letter confirming that the Confidential Information has in no way been compromised, reproduced or copied and that all copies have been returned. 4. This agreement shall be binding on the parties and their successors and assigns, shall be governed by the laws of Texas, and shall remain effective with respect to any Confidential Information which is disclosed by City unless either party notifies the other that subsequent disclosures are not to be included within the terms of this agreement. 5. This agreement specifically prohibits the Recipient from granting any access to City - provided information to any third party. The Recipient is solely responsible to protect access to City -provided information against any third party while the information is in the Recipient's possession. 6. The Recipient shall not distribute any information in any form that was in all or partly derived from any City- provided information. 7. RECIPIENT SHALL BE LIABLE AND RESPONSIBLE FOR ALL DAMAGES THAT THE CITY INCURS DUE TO ANY BREACH OF THIS AGREEMENT CAUSED SOLELY BY RECIPIENT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RECIPIENT MAY INCUR AS A RESULT OF THE CITY'S RESTRICTIONS TO OR DENIAL OF ACCESS TO INFORMATION ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY RECIPIENT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR FOR ANY REASONABLE SECURITY MEASURES TAKEN BY THE CITY. RECIPIENT, AT RECIPIENT'S OWN COST OR EXPENSE, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND OR OTHER ACTION TO THE EXTENT THAT THE SAME ARISES FROM THE UNAUTHORIZED USE, DISTRIBUTION, DISCLOSURE, OR DISSEMINATION OF CITY CONFIDENTIAL INFORMATION AND CAUSED BY THE SOLE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF RECIPIENT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. City of I-o L Wo Lh Water r rospecting acid Resource Consulting, LLC. 1 Authorized Signature Authorized Si nat r Name Title Name Title City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, March 25, 2008 LOG NAME: 60WPRC AMEND1 SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Prospecting and Resource Consulting, LLC., for Phase II of Program REFERENCE NO.: **C-22729 Contract No. 33590 with Water the Water System Optimization RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Amendment No. 1 to City Secretary Contract No. 33590 with Water Prospecting and Resource Consulting, LLC., in an amount not to exceed $59,162 thereby increasing the contract amount to $484,762. DISCUSSION: On May 2, 2006, (M&C C-21426) the City Council authorized a contract with Water Prospecting and Resource Consulting, LLC. (WPRC), for Phase II of the Water System Optimization program. This contract implemented a pilot scale some of the leak reduction measures identified in the Phase I study and produced a Water Conservation Master Plan. The purpose was to provide for better management of existing supplies by using available technology to reduce leakage. Fort Worth has developed along -range water supply plan to meet anticipated water demands for the next fifty years. The high cost of future sources of our water supply makes conservation of existing supplies a priority. If customers are being asked to use water efficiently, the Water Department should take steps to optimize its operations. Because water conservation measures have a fiscal impact on the utility, the Water Department is proposing to look at account database to identify possible areas for increased revenue through eliminating possible inaccuracies, inconsistencies and errors in account classifications. Through this amendment WPRC would: 1. Analyze billing system for accounts with water billed and no wastewater billed; 2. Evaluate locations of inactive accounts and zero consumption; 3. Review billing classifications; 4. Review 3 years of monthly consumption data to determine where usage varies considerably from year to year, or declines suggesting meter error. Conduct on an area that has not yet had meter replacement; and 5. Develop performance indicators and goals. Water Prospecting and Resource Consulting, LLC., is in compliance with the City's M/WBE Ordinance by committing to an additional 20 percent M/WBE participation on this Amendment No. 1. The City's goal on this amendment is 20 percent. Logname: 60WPRC AMENDI Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund. TO Fund/AccountlCenters FROM Fund/Account/Centers PE45 539120 0604013 $59162.00 Submitted for City Manager's Office bv: Fernando Costa (8476) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Mary Gugliuzza (8253) Logname: 60WPRC AMENDI Page 2 of 2