HomeMy WebLinkAboutContract 43566 STATE OF TEXAS § CITY SECRETARY
CONTRACT NO.
COUNTIES of TA NT
T El' lTON AND WISE
"HIS AGREEMENT is made and executed by and between the City of Fort Worth,Texas,
a municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called the
""City,,, acting herein by and through Fernando Costa, its duly authorized Assistant City Manager,
and Westin Engineering, Inc. hereinafter called the ,Consultant," acting herein by and though
�,iebig, its duly authorize ! CFO.
WHEREAS, the City desires to perform a conduct a feasibility assessment for mobile
workforce management and advanced metering infrastructure; and
WHEREAS, the City desires to ire a professional firm. knowledgeable and experienced in
conducting such a study; and
WHEREAS, the Consultant has represented that it is knowledgeable and experienced in
conducting such a study..
NOW, THEREFORE, that for and in consideration of the mutual covenants and
agreements herein contained, the parties hereto do hereby covenant and agree as follows:
SECTION l
DEFINITIONS
In this Contract, the following words and phrases,shall be defined as fellows.
i s Re resentative means the Director of the Water Department or his designee.
Contract Doe tints means this contract and all other attachments.
Deliverable Document means a report, photograph, electronic file, or an invoice that shows the
completion of one of the work tasks and/or subtasks Electronic files shall be in Word, Excel,
AutoCad, or similar software and shall be provided as requested by the City.
Notice to Proceed means the letter issued by the City that authorizes Consultant to begin work. It
also authorizes future invoices to be paid.
The City hereby contracts with the Consultant as, an independent consultant, and the Consultant
hereby agrees to perform the professional services set out herein in accordance with standard utility
rate-setting practices and policies.
OFFICIAL RECORD
CITY SECRETARY
ti{ FTm WORTH, TX
A
SECTION 2.
SCOPE OF SERVICES
-Ibe Consultant shall conduct a feasibility assessment for mobile workforce management and
advanced metering infrastructure. The feasibility assessment for mobile work order management
will include a business case evaluation for a field work order system for meter services by the City.
Consultant shall deliver to the City the following:
Business process modeling
Change management strategies/recommendations
Pro'j ect strategies
Assessment of a return on investment
I 1�
A case evaluation report for 'both assessments (Advanced Metering fnfrastructure and
Mobile Work Order Management)
SECTION 3.
TIME OF PERFORMANCE
Services, of the Consultant shall commence upon execution of this, Agreement., Unless otherwise
directed by the City and agreed to by the Consultant, the deliverables listed above shall be
concluded in final form acceptable to the City by November 16, 2012.
SECTION 4.
COMPENSATION TO THE CONSULTANT AND METHOD OF PAYMENT
As compensation for the services required to complete this Project in accordance with the terms of
this Agreement,the City agrees to pay the Consultant on the basis of the hourly rates set forth in this
section an arnount. not-to-exceed $146,,640.00. This amount shall constitute full and complete
compensation for the Consultant's services under this Agreement, including all expenditures made
and expenses, incurred by the Consultant in perforrning such services.
Such compensation shall be paid to the Consultant in monthly installments upon submission of
statements, together with supporting, data indicating, the progress of the work and services
performed for the month immediately preceding. Invoices will be due upon receipt and playable
within thirty (30) days, subject to certification by the Director of the Water Department,, or his
authorized representative,that such work has been performed and the expenses have been incurred.
Such certification shall not be unreasonably withheld or delayed.
Reimbursable expenses are part of the Not-to-Exceed amount and include, but are not necessarily
limited to subcontractors expenses, travel, report production and other out-of-pocket expenses,
which shall be paid based upon actual cost, supported by such documentation as the City may
reasonably request.
...........
SECTION 5.
PROFESSIONAL RESPONSIBILITY AND WARRANTY
Consultant shall perform services consistent with skill and care ordinarily exercised by other
professional consultants under similar circumstances at the time set-vices are performed, subject to
any limitations established, by City as to degree of care, time or expense to be incurred or other
limitations of this Agreement. Consultant further warrants that it will perform all services under this
Agreement in a safe, efficient and, lawful manner using industry accepted practices, and in full
compliance with all applicable state and federal laws governing its activities and is under no
restraint or order which would prohibit performance of services under this Agreement.
SECTION 6.
ESTABLISHMENT' AND MAINTENANCE OF' RECORDS
Records shall be maintained by the Consultant at its place of business with respect to all matters
covered by this Agreement. Such records shall be maintained for a period of three (3) years after
receipt offinal payment under this Agreement.
SECTION 7.
AUDITS AND E,4, SPECTIONS
The Consultant agrees that the City shall, until the expiration of three (3) years after the final
payment under this Agreement have access to and the right to examine any directly plert,inent books,,
documents, papers and records of the Consultant involving transactions relating to this Agreement.
The Consultant agrees that the City shall have access during normal working hours to all necessary
Consultant 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 Consultant reasonable
advance notice of intended audits.
The Consultant finiher agrees to 'Include in all its subcontracts hereunder a provisions to the effect
that the subcontractor agrees, that the City shall, until the expiration of three (3) years after the final
payment and directly pertinent books, documents, papers and records of such subcontractor,
involving transactions, 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 article, and shall give
subcontractor reasonable advance notice of intended audits.
SECTION 8.
INDEMNITY
THE CONSULTANT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS
THE CITY AND ITS OFFICIALS, AGENTS AND EMPLOYEES FRO D AGAINST
ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, SUITS OR PROCEEDINGS OF
ANY KIND BROUGHT AGAINST SAID PARTIES TO, THE EXTENT CAUSED, BY THE
NEGLIGENT ACT,ERROR, OR OMISSION OF THE CONSULTANT OR ANYONE FOR
WHOM IT' IS LEGALLY LIABLE IN THE PERFORMANCE OF SERVICES
HEREUNDER, THE CONSULTANT IS NOT REQUIRED HEREUNDER TO DEFEND,
INDEMNIFY NIFY HOLD HARMLESS THE CITY of FORT WORTH AND ITS
OFFICIALS, AGENTS AND EMPLOYEES FROM LIABILITY RESULTING FROM THE
NEGLIGENCE OR WRONGFUL ACTS OF THE CITY OR ANY THIRD PARTY. THE
INDEMNITY REQUIRED HEREUNDER SMALL NOT BE LIMITED BY REASON of
THE SPECIFICATION of ANY PARTICULAR INSURANCE COVERAGE IN THIS
AGREEMENT.,
SECTION 9.
COMPLIANCE WITH LASS
In providing the scope of services outlined herein, the Consultant shall comply with all applicable
laws, ordinances, and codes of the Federal, State,,and local governments.
Consultant certifies that on the day work is to commence under this Agreement and during the
duration of the Agreement, it shall have and maintain current valid and appropriate federal and state
licenses and permits necessary for the provision of services under this Agreement.
Consultant also certifies that if it uses any subcontractor in the perfortnance of this Agreement, that
such subcontractor shall have and maintain current valid and appropriate federal and state licenses
and permits necessary for the provision of services under this Agreement.
SECTION 10.
NON-DISCRJMINATION
During the performance of this Contract, Consultant agrees not to discriminate against any
employee or applicant for employment because of' race, religion, color, sex or national origin,
except where religion, see or national origin is a bona fide occupational qualification reasonably
necessary to the normal operation of the Consultant. Consultant agrees to post in conspicuous
places,available to employees and applicants for employment, notices setting forth the provisions of
the non-discri rn I'nation clause.
Consultant also agrees that in all solicitations or advertisements for employees placed by or on
behalf of this Contract,that Consultant is an equal opportunity employer.
Notices, advertisements, and solicitations placed in accordance with federal laws isle or regulation
shall be deemed sufficient for the purpose of meeting the requirements of this section,.
SECTION 11.
MODIFICATION
No modification of this Agreement shall be binding on Consultant or the City unless set out in
"ting and signed by both parties. Modifications, shall be in the same format the final
specification showing the change or addition of a task, project schedule, deliverable doc ent(s),
and schedule of payments.
SECTION 12.
PERSONNEL
The Consultant represents that 'it has, or will secure at its own expense, all personnel required in
performing all of the services required under this Agreement. Such personnel shall not be
employees of or have any contractual relationships with the City.
All the services required hereunder will be perfon-ned by the Consultant or under its supervision and
all personnel engaged in the work shall be qualified and shall be authorized or perrnitted under,state
and local law to perform such services.
The Consultant represents that the Consultant's Project Manager, Michael Mooisavi, is available to
ensure completion of the scope of services pursuant to this Agreement.
SECTION 13.
ASSIGNABILITY
]4either party hereto shall assign, sublet or transfer its interest herein without prior written consent of
the other party, and any attempted assignment, sublease or transfer of all or any part hereof without
such prior written consent shall be void.
SECTION 14.
DEFAULT
Consultant shall not be deemed to, be in default because of any failure to perform under this
Agreement, if the failure arises from causes beyond the control and without the fault or negligence
of Consultant. Such causes shall include acts of God, acts of the public enemy, acts of Government,
*I either " 4, 1 ics, quarantine e restrictions,strikes,,
n el its sovereign or contractual capacity, fires, flood, eplidem* m I
freight embargoes, and unusually severe weather.
If Consultant fails to begin work herein provided for within the time specified above, or to complete
such work within the time specified above, within the true meaning of this Agreement, City shall
have the right to take charge of and complete the work in such a manner as it may deem appropriate.
If City exceeds the costs detailed in the attached docw-nents, City may deliver to Consultant a
written itemized statement of the total excess costs, and Consultant shall reimburse City for such
excess costs without delay,.
If, at any time during the term of this Contract, the work of Consultant -falls to meet the
specifications of the Contract Documents, City may notify Consultant of the deficiency in writing.
Failure of Consultant to correct such deficiency and complete the work required under this
Agreement to the satisfaction of City within ten (10) days after written notification shall constitute
default, and shall result in termination of this Agreement. All costs and attorneys fees incurred by
City in the en-forcement of any provision of this Agreement shall be paid by Consultant.
I I
The remedies provided,i for herein are in addition to any other remedies available to City elsewhere
in this Agreement and by law.
SECTION 15.
TI RMI'NATION OF CONVENIENCE OF CITY
The City may terminate this Agreement for its convenience at any time by giving at least ten (10)
days notice in writing, to the Consultant. In the event of termination pursuant to this paragraph,
Consultant shall be entitled to receive payment for all work completed or in progress, and for costs
reasonably incurred to close out its project services. Compensation is to include fees, expenses, and
liabilities, to subcontractors, or other third parties. Consultant will make reasonable attempts to
cancel all such liabilities in order to mitigate the cost to the City. If t *s Agreement is terminated
due to the fault of the Consultant, Section 14 hereof relative to termination shall apply.
SECTION 16.
INSURANCE
Consultant shall maintain at its own expense the following insurance.-,
1. Commercial General Liability(CGL)
$1,000,000 each occurrence
$2,000,000 aggregate limit
2. Workers' Compensation
Statutory limits
Employer's liability
$100,000 each accident"occurrence
$100,000 Disease- each employee
$500,000 Disease - policy limit
I Automobile Liability
4. $1'.000'.000 each accident on a combined single limit basis
Split l' its are acceptable if limits are at least.-
$250,000 Bodily 1jury per person/
$,500,,000 Bodily Injury per accident
$1 0, Property Damage
5. Errors& Omissions(Professional Liability)
$1, 00,000 per claim and aggregate
The certificate of insurance shall document the City of Fort Worth its' Officers, Employees and
Volunteers, as an "Additional Insured" on all liability policies. The additional 'Insured
requirement does not apply to Workers' Compensation policies
The certificate of insurance shall provide,thirty days, (30) notice of cancellation or, non-renewal.,
Example: "This insurance shall not be canceled, limited in scope or coverage, cancelled
or non-renewed, until after thirty (30) days prior written notice has been given to the City
of Fort Worth.
The certificate shall be signed by an agent authorized to bond coverage on behalf of the insured,
be complete in its entirety, and show complete insurance carrier names as listed in the current
A.M. Best Property & Casualty Guide
All policies shall 'include a Waiver of Subrogation (Rights of Recovery) in favor of the City of
Fort Worth.
The insurers, for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers' compensation, 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.
If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
Unless otherwise stated, all required insurance shall be written on the "occuffence basis",. If
coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or
prior to the date of the contractual agreement and the certificate of insurance shall state that the
coverage is claims-made and the retroactive date. The insurance coverage shall be maintained
for the duration of the contractual agreement and for two (2) years following completion of the
service provided under the contractual agreement or for the warr anty period, whichever, is longer.
An annual certificate of'insurance submitted to the City shall evidence such insurance coverage.
Policies shall have no exclusions by endorsements, which nullify the required lines of coverage,
nor decrease the limits of said coverages, unless such endorsements are approved in writing by
the City. In the event a contract has been bid or executed and the exclusions are determined to be
unacceptable or the City desires additional insurance coverage, and the City desires the
Consultant engi neer to obtain such coverage, the contract price shall be adjusted by the cost of
the premium for such additional coverage plus 10%.
Certificates of Insurance shall be fumished to the City upon the request of the City.
SECTION 17.
SEVERABILITY
If any portion of this Contract is held to be void, invalid, or otherwise unenforceable, in whole or
part, the remaining portions of this Contract shall remain in effect.
...........
'k,'"31ECTION 18.
VENUE
Should any action, whether real or asserted, at law or in equity, arise out of the terms of this
Contract,venue for said action shall be in Tarrant County,Texas.
SECTION 19.
AGREEMENT AMENDMENT
This Contract and all attachments represents the entire understanding between the City and the
Consultant in respect to the Project, supersedes any and all prior written or oral negotiations of
agreements between the parties,, and may only be modified in writing signed by both parties.,
SECTION 20.
NOTICES,
All written notices to the respective parties shall be sent by registered mail and be addressed as
follows-.,
CITY OF FORT WORTH CONSULTANT
Mr. Frank Crumbl P.E. Mr. Doug Sipiers,Es q.,,P.E.
Water Department Director Vice President
City of Fort Worth Westin Engineering, Inc.
1000 Throck-morton 3 100 Zinfandel Drive, Ste 300
Fort Worth, Texas 76102 Rancho Cordova, CA 95670
SECTION 2,L
CAPTIONS
The captions of this Contract are for infoln-natioinal purposes,only and shall not in any way affect the
substantive terms and conditions of the Contract.
SECTION 22.
CONFLICTS
This Contract is the sole agreement between the City and the Consultant and any and all other prior
agreements, whether oral or written, are merged into this Contract and of no ftulher force or effect.
012,
EXECUTED this + �
TJ" " l
Westin Engineering,Inc. City of Fort Worth,Texas
y f` 9 Fernando Costa
its: CFO,,-, Ass sta t 94y Manager;.4gl i Z
Date Date
Approval .ee runen e
Ilk
Witness
Frank Crumb, �w E w Director
Fort Worth "mater Department
APPROVED AS TO FORM AND
LEGALITY:
Christa IV. Reynolds
Sr. Assistant City Attorney
ATTEST.- �� F �
0�
o
ary Kayser
City Secretary 40
X000 0 00th
75
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Contract Authorization
�1.....-71
Date
OFFICIAL RECORD
CITYSECRETARY
FTv WORTH'
Review Page I of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT WORTH
COUNCIL ACTION: Approved on 81712012
100MON1100=111111
DATE: 8/7/2012 REFERENCE **C-25775 LOG 60WESTINFEASIBILITYASSESSME114T
NO.*- NAME:
CODE: C Tip"E CONSENT PUBLIC NO
HEARING',
SUBJECT: Authorize Execution of a Contract with Westin Engineering Inc., in the Amount of
$146,640.00 for a Feasibility Assessment of Water Department Mobile Workforce
Management and Advanced Metering Infrastructure (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City C,ounc�il authorize a contract to execute a Professional Services
Agreement with Westin Engineering, Inc., in the amount of$146,640.00 to conduct a feasibility
assessment for mobile workforce management and advanced metering infrastructure.
DISCUSSION:
In 2010, Westin Engineering, Inc., completed the Fort Worth Water Department's Information
Technology IT Master Plan. As part of the strategic plan, they highlighted two projects related to
customer service management in the field, Mobile Workforce Management and Advanced Metering
Infrastructure (AMI). Because the Water Department has identified improvements in meter
management and service order management as among its most immediate objectives) it is
recommended to move forward with a comprehensive feasibility assessment.
The feasibility assessment for mobile work order management will include a business case evaluation
for a field work order system for Meter Services. A field-based work order system is expected to
have numerous benefits including efficiencies gained by replacing manual processes. Currently,
Staff prints out hard copies of work orders to be completed and distributes to field personnel. This
causes not only multiple trips back and forth to the main office to pick up additional work orders
throughout the day but also slows the work process and increases costs inicliulding overtime and fuel.
Mobile management, is also expected to improve response time to customers. In addition to the
mobile work order management task, Westin Engineering, Inc., will perform a business case
evaluation for implementing an Advanced Meter Infrastructure system for commercial and industrial
customers. The scope of services includes a comprehensive analysis of an automated metering
system. Technological advances in metering can provide numerous benefits to the utility and its
customers, including the ability to remotely read meters and identify usage patterns to potentially help
customers identify leaks and other causes of higlh bills. It will also allow! Staff to v�ie,w data daily,
improving efficiency and augmenting conservation efforts by detecting irrigation violations.
For both project components, Westin Engineering, Inc., will provide business process modeling and
change management recommendations, develop project strategy, assess return on investment, and
provide business case evaluation reports.
Westin Engineering, Inc., was selected to conduct this assessment based, on both their experience
with the industry and their knowledge of the Water Department's business strategy, having recently
conducted the IT Master Plan. Their broad exper�ience helping similar utilities across the nation will be
an asset to the City of Fort Worth.
M/WBE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Water
Department and approved by the M/WBE Office because the purchase of goods or services is from
sources where subcontracting or supplier opportunities are negligible.
http://apps.cfwnet.org/counc*I iew.asp?1D—I 7163&councildate=8/7/2012
1 _packet/mc rev* 8/30/2012
/hnM C Review Fags 2 of"
ADMINISTRATIVE AMENDMENT
llmroi.
An increase or administrative amendment for this Agreement may be made by the City Manager, or
his designee, for an amount up to $50,00,0.0,0! and does not require sp�ecific City Council approval so
long as sufficient funds have been appropriated.
FISCAL INFO R r Tl /'CERTIF"ICATI I
The Financial Management Services Director cee mfies that funds are available in the current operating
budget of the Water and Sewer Fund.
TO Fun '/ ccoun Cenwt r FROM l=oad/Ac " enure
PE45 539120 0604014 $146,1640.00
Submitted for City Manager's er's Office Fernando Costa 61 2
Ori inatln D artment Head: S. Frank Crumb (81207)
Additional Information Contact: Schieretta Scutt 244
ATTACHMENTS
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