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HomeMy WebLinkAboutContract 41019-A1tirtrY altlek COMPACT ( SOU STATE OF TEXAS COUNTIES OF TARRANT, ENTON, PARKER AND WISE sFOU`' TH EXTENSLTON AND FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 41019 WITH BERMEX9 INC. FOR PROFESSIONAL SERVICES This Fourth Extension and First Amendment (the "Extension and 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 Bermex, Inc. ("Consultant"). WHEREAS, the City and Consultant entered into that certain agreement identified as City Secretary Contract No. 41019 for a term beginning October 1, 2010 and ending September 30, 2011 (the "Contract"); and WHEREAS, such Contract provided for five (5) consecutive one (1) year renewal options, provided all other conditions remained the same as detailed in the Contract; and WHEREAS, the parties have exercised the first three (3) renewal options and now wish to enter into a fourth optional renewal; and WHEREAS, Bermex and the City have entered into a Settlement and Release Agreement and have agreed to amend the Contract in accordance with the terms and conditions stated herein. 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: I. Fourth Renewal Option. The parties hereby exercise the fourth renewal option to the Contract, effective October 1, 2014 and expiring on September 30, 2015. H. Section 1: Scope of Services. Section 1 of the Contract shall be amended as follows: Consultant hereby agrees to provide the City with professional consulting services for the purpose of ensuring that monthly water meter readings are conducted accurately throughout the City. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," Scope of Work (as amended below), more specifically describing the services to be provided hereunder. The parties agree to follow the procedures below when addressing errors (misreads), skipped reads (unread meters), and falsified reads identified as a result r a�1= ©iVU] ©IAL. RECORD P 7 011f SECRETARY cotirt, Wifirr171., ECEIVED UCH 0 of Consultant's meter reading services. A. Exhibit A is amended to eliminate the assessment of penalties for Consultant's errors, skipped reads, and falsified reads under "Task 2 - Quality of work." Instead the Parties agree that liquidated damages shall be assessed against Consultant in the amount of five dollars ($5.00) for skipped reads, twenty-five dollars ($25.00) for errors, and fifty dollars ($50.00) for falsified reads because (1) the harm caused by the errors, skipped reads and falsified reads is incapable or difficult to estimate, and (2) the amount of liquidated damages called for is a reasonable forecast of just compensation. B. All errors, skipped reads and falsified reads must be identified by the City within forty-five (45) days. The City must verify the errors, skipped reads, and falsified reads by field re -reads, or the City and Consultant must mutually verify by viewing the previous month's data. C. The City shall complete a work order for each error skipped read, and falsified read and provide a copy of the completed work order to Consultant for its review within forty-eight (48) hours of completion of the required reread or mutual verification of the previous month's data. D. Consultant shall then have forty-eight (48) hours to review and challenge any completed work order provided to it by the City. All disputes must be resolved within forty -eighty (48) hours of the City receiving the challenge. The parties shall resolve the dispute by a review of previous meter reading data or by a third reading of the meter, if deemed necessary by either of the parties. If the review of the data and/or third read shows no error occurred, then the Consultant will not be charged the liquidated damage. If an error is verified by the review of data and/or the third read, then the Consultant will be charged the liquidated damage. E The City shall issue a daily skip read report to Consultant or when the meter reading cycle is complete and shall include a detailed description of how the City obtained the read and determined the skip was made by Consultant. F. The City shall issue a report daily or when a cycle is complete, whichever is completed first, through the Customer Information System to Consultant to include the cycle, the book, the sequence number, the reading that Consultant entered, the previous reading the date, the time, the reader ID and indication if the reader failed an audit. G. The City shall assess liquidated damages, as described above and in Exhibit A, for errors skipped reads, and falsified reads, as applicable, for which the City issued a completed work order to Consultant that was not challenged by Consultant, within the twenty-one (21) day cycle in which it was received, in order to timely prepare and issue the invoice. H. The Consultant shall not be subject to any fees, penalties, or liquidated damages for any errors, skipped reads, and falsified reads which are not identified to Consultant in writing and verified by an actual reread within forty-five (45) days after the date which the reading was received by the City. III. Section 3: Compensation. Section 3 of the Contract shall be amended to include the following paragraph to read as follows: For the fourth optional renewal period only, Consultant shall reduce the cost per meter by one cent ($0.01). The cost per meter shown on Exhibit to the Contract shall now be forty-eight cents ($0.48) for this renewal period only. IV. Other Terms and Conditions. All other terms and conditions of the Contract remain in full force and effect, except that if there is a conflict between the Contract and this Extension and Amendment, this Extension and Amendment shall control. V. Counterparts. This Extension and Amendment may be executed in counterparts (but all counterparts, taken together, shall constitute only one agreement) and facsimile or electronic copies of signatures shall be treated as originals for all purposes. Executed this ? day of October, 2014. CITY OF FORT WORTH Fernando Costa Assistant City Manager ATTEST: Mary Kayse City Secretary J C BERMEX, INC. Henry, O7-OC Za/ PresOcnt tness OFFICIAL jAkCORD CITY sF I Y AWO Tfr' . Tfl RECOMMENDED FOR APPROVAL Andrew T. Cronberg Acting Director, Water Departmknt APPROVED AS TO FORM AND LEGALITY: CAA trAiltr Christa R. Lopez-Reyno d Senior Assistant City Attorney -4-