HomeMy WebLinkAboutContract 48192-A5CSC No. 48192-A5
FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT,
FORT WORTH CITY SECRETARY CONTRACT NO. 48192
This Fifth Amendment to Professional Services Agreement ("Fifth Amendment") is
entered into by and between the City of Fort Worth ("City"), a home rule municipal corporation
situated in portions of Tarrant, Denton and Wise Counties, Texas, with its principal place of
business at 200 Texas Street, Fort Worth, Texas, 76102 and SL-serco Inc, ("Contractor"), a
Minnesota Corporation, acting by and through Laurie Allen, it duly authorized Chief Financial
Officer, each individually referred to as a"party" and collectively referred to as the "parties."
WHEREAS, City and Contractor entered into a Professional Services Agreement,
identified as Fort Worth City Secretary Contract No. 48192, executed on September 22, 2016
(the "Agreement"); and
WHEREAS, City and Contractor have amended the Agreement four previous times; and
WHEREAS, the Agreement is for the purpose of providing the City with professional
services in the successful completion of the City's five phased Advanced Metering Infrastructure
("AMI") Program for the design, planning and full implementation of the AMI system; and
WHEREAS, the City and Contractor, wish to increase the compensation in the
Agreement by an amount not to exceed for this Fifth Amendment not to exceed $339,000.00 for
services to provide specialized technical expertise to assist in completion the program's data
facilitation, systems transition, final deployment, system testing, leadership support, and project
close out.
NOW THEREFORE, KNOWN ALL BY THESE PRESENT: City and Contractor
acting herein by and through their duly authorized representatives, enter into this Fifth
Amendment to amend the Agreement as follows:
L Section 1. Scope of Services is hereby amended to add the following tasks.
Task 1— Operations Oversight and Project Management
• Review Performance Matrix and Recommended Improvements
Task 4 — Post Project
• Follow-Up Meter Audit Support
II. Section 2. Term is hereby deleted and replaced in its entirety with the following:
The term of this Agreement shall commence on May 1, 2018 (Effective Date) and shall
expire on June 30, 2022, unless terminated earlier. The City shall have the option, at its
sole discretion, to renew this Agreement under the same terms and condition, for up to
one (1) additional one-year option, unless terminated in accordance with the provisions of
the Agreement.
Fifth Amendment to Professional Services Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
III. Section 3 Compensation of the Agreement is hereby deleted and replaced in its
entirety with the following:
City shall pay Contractor a total combined amount not to exceed $2,008,000.00
for the Services included under the Agreement. Contractor shall not perform any
additional services for City not specified by this Amendment unless City requests
and approves in writing the additional costs for such services. City shall not be
liable for any additional expenses of Contractor not specified by this Amendment
unless City first approves such expenses in writing. City agrees to pay all invoices
of Contractor within thirty (30) days of receipt of such invoice.
IV. All other terms, provisions, conditions, covenants and recitals of the Agreement
not expressly amended herein shall remain in full force and effect.
[SIGNATURE PAGE FOLLOWSJ
Fifth Amendment to Professional Services Agreement Page 2 of 3
Executed to be effective as of June 1, 2021.
City:
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By.
Dana Burghdoff (Jun 29, 20 1015 CDT
Name: Dana Burgdoff
Title: Assistant City Manager
Date:
J u n 29, 2021
Contractor:
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'iv-ar�:—i,aurie Allen
Title: CFO
Date: D(o � '�,(�2
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
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By: cnristopner arder (�un 29, zo2� oe:s9 cor) and reporting requirements.
Name: Chris Harder
Title: Water Director
Approved as to Form and Legality:
TB St✓ovr
B�. JBStrong(Jun2,202110:03CDT)
Name: John B. Strong
Title: Assistant City Attorney
Contract Authorization:
M&G 21-04G6
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By:
Name: Suzanne Abbe, Senior P.E.
Title: MyH2O Program Manager
City Secretary:
By: ����e� 0
Name: Mary Kayser
Title: City Secretary
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OFFICIAL RECORD
CITY SECRETARY
Fifth Amendment to Professional Services Agreement
FT. WORTH, TX
City of Fort Worth,
Mayor and
DATE: 06/22/21
Texas
Council Communication
M&C FILE NUMBER: M&C 21-0466
LOG NAME: 60MYH2OCOMPLETION
SUBJECT
(ALL) Authorize Amendment No. 3 to the Agreement with Aqua Metric Sales Company in an Amount of $3,639,531.00, and Amendment No. 5 to
the Agreement with SL-serco, Inc. in an Amount of $339,000.00, and Adopt Appropriation Ordinances for the Completion of the City-Wide
Deployment of the MyH2O Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize Amendment No. 3 to City Secretary Contract No. 48301 with Aqua Metric Sales Company, a registered d/b/a of Thirkettle
Corporation, in the amount of $3,639,531.00, for the completion of the full city-wide deployment of advanced metering infrastructure through
the MyH2O Program for a revised contract amount of $73,480,962.00;
2. Authorize Amendment No. 5 to City Secretary Contract No. 48192 with SL-serco, Inc. in the amount of $339,000.00 to provide continued
support and technical assistance to complete the MyH2O Program for a revised contract amount of $2,008,000.00;
3. Adopt the attached appropriation ordinance increasing appropriations in the Texas Water Development Board - State Water Implementation
Revenue Fund for Texas Fund in the amount of $129,999.92 for the purpose of funding the Advanced Metering Infrastructure project; and
4. Adopt attached appropriation ordinance increasing receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount
of $3,510,235.00, transferred from available funds within the Water and Sewer Fund, for the purpose of funding the Advanced Metering
Infrastructure project (City Project No. CO2715).
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 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 $76 million in funding through the State Water Implementation Revenue Fund for Texas (SWIRFT formerly SWIFT)
from the Texas Water Development Board (TWDB). 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), in the amount of $11,783,697.00 to implement planning and initial implementation of the MyH2O Program (M&C C-27726). On May 15,
2018 (M&C C-28695), the City Council authorized an amendment to City Secretary Contact No. 48301 with Aqua Metric for the full City-wide
deployment of advanced metering infrastructure, bringing the total contract amount to $69,841,431.00. This M&C requests authorization to execute
Amendment No. 3 to City Secretary Contract No. 48301 in the amount of $3,639,531.00 for a total contract amount of $73,480,962.00.
Amendment No. 3 will allow the City to address the increasing cost of supplies and labor and provides additional funds to address growth in the
service area to ensure full coverage. This includes the purchase of additional radios, meters, and meter box lids.
On September 20, 2016 (M&C C-27936) the City Council authorized a contract with SL-serco, Inc. in the amount of $175,000.00 for program
management support and technical assistance for MyH2O. The contract was renewable annually and revised by Amendment No. 1 on April 27,
2017 to increase the annual renewal amount by $94,000.00 under the authorization of M&C C-27936. The contract was renewed on September
22, 2017 and April 18, 2018 in the amount of $269,000.00 per renewal under the authorization of M&C C-27936. Amendment No. 2 changed the
contract term and was authorized administratively on April 12, 2018. Amendment No. 3 was authorized March 19, 2019 (M&C C-29065), ending
annual renewals and authorizing the use of $807,000.00 for continued program support. Amendment No. 4, authorized administratively on
February 10, 2021, allowed SL-serco to provide support services for the meter audit requested by the City Council's Audit Committee.
This M&C requests authorization of Amendment No. 5 to City Secretary Contract No. 48192 in an amount not to exceed $339,000.00 for a total
contract amount not to exceed $2,008,000.00. This amendment allows SL-serco to better align with the current program schedule and to complete
the intensive technical and operational support requirements of MyH2O through final close-out and program acceptance. In addition to contract
costs, $100,000.00 is required for contingency and the remaining amounts to cover all other City related charges.
Appropriations for the Advanced Metering Infrastructure project, are as depicted below.
Fund
� & Sewer
�I Projects
56002
Existing Additional Project
propriations Appropriations Total
$182,569.00 $3,510,235.00 $3,692,804.00
✓SS 2017B
apital Projects $60,471,450
und 56015
WDB SWIFT Fund $12,301,421
7005
✓ateA Capital Fund $592,234
$0.00 $60,471,450.26
$129,999.92 $12,431,420.92
$0.00 $592,234.00
roject Total I� $73,547,674.26�� $3,640,234.92��$77,187,909.18
Contract No. 48192 Amendment No. 5: Business Equity - A waiver of the goal for Business Equity subcontracting requirements was requested,
and approved by the Department of Diversity and Inclusion (DVIN), in accordance with the applicable Ordinance, because the purchase of goods
or services is from sources where subcontracting or supplier opportunities are negligible.
Contract No. 48301 Amendment No. 3: Aqua-Metric Sales Company is in compliance with the City's Business Equity Ordinance by committing
to six percent Business Equity participation on this project. The City's Business Equity goal on this project is six percent.
This project serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Water & Sewer Fund and the AMI - Advanced Metering Infras project within
the TWDB SWIRFT Fund, and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be
available in the W&S Capital Projects Fund and the TWDB SWIRT Fund for the AMI - Advanced Metering Infras project to support the approval of
the above recommendations and execution of the contract amendments. Prior to any expenditure being incurred, the Water Department has the
responsibility of verifying the availability of funds.
Submitted for City Manager's Office b� Dana Burghdoff 8018
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Suzzane Abbe 8209