HomeMy WebLinkAboutContract 41019 (2)Form Services Agreement
Bermex, Inc.
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TV SECRETARY
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PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into by and between the COLEY OF FORT WORTH (the "City"), a home rule
municipal corporation situated in portions of Tarrant, Denton and Wise Counties,
Texas, acting by and through Fernando Costa, its duly authorized Assistant City
Manager, and Bermex, Inc. ("Consultant"), a Michigan Corporation and acting by and
through Henry G. Mello, its duly authorized President.
1. SCOPE OF SERVICES.
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, more specifically describing
the services to be provided hereunder.
2. TERM.
This Agreement shall commence upon October 1, 2010 ("Effective Date") and
shall expire on, September 30, 2011, unless terminated earlier in accordance with the
provisions of this Agreement. This Agreement shall have five one-year renewal options,
which must be executed in writing by duly authorized representatives of both parties but
shall not require City Council approval.
3. COMPENSATION.
The City shall pay Consultant an annual amount not to exceed $1,353,600.00 in
accordance with the provisions of this Agreement and the Payment Schedule attached
as Exhibit "S," which is incorporated for all purposes herein. Consultant shall not
perform any additional services for the City not specified by this Agreement unless the
City requests and approves in writing the additional costs for such services. The City
shall not be liable for any additional expenses of Consultant not specified by this
Agreement unless the City first approves such expenses in writing.
4. TERMINATION.
4.1 Termination for Convenience and for Cause
City may terminate this Agreement for its convenience on 30 days' written
notice. Either the City or the Consultant for cause may terminate this
Agreement if either Party fails substantially to perform through no fault of the
other and does not commence correction of such nonperformance with 5 days
of written notice and diligentc_o_mplete the correction thereafter
4.2 Notice of Terminate r
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If City chooses to terminate this Agreement under Article 8, upon receipt
of notice of termination, Consultant shall discontinue services rendered up to the
date of such termination and City shall compensate Consultant based upon
calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and
incorporated herein.
4.3 Reports and Documents
All reports, whether partial or complete, prepared under this Agreement,
including any original drawings or documents, whether furnished by the City, its
officers, agents, employees, consultants, or contractors, or prepared by
Consultant, shall be or become the property of the City, and shall be furnished to
the City prior to or at the time such services are completed, or upon termination
or expiration of this Agreement.
4.4 Nonnappropriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in
any fiscal period for any payments due hereunder, City will notify Consultant of
such occurrence and this Agreement shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the
City of any kind whatsoever, except as to the portions of the payments herein
agreed upon for which funds shall have been appropriated.
4.5 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration
Date, the City shall pay Consultant for services actually rendered up to the
effective date of termination and Consultant shall continue to provide the City
with services requested by the City and in accordance with this Agreement up
to the effective date of termination.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
Consultant hereby warrants to the City that Consultant has made full disclosure
in writing of any existing or potential conflicts of interest related to Consultant's
services under this Agreement. In the event that any conflicts of interest arise after the
Effective Date of this Agreement, Consultant hereby agrees immediately to make full
disclosure to the City in writing. Consultant, for itself and its officers, agents and
employees, further agrees that it shall treat all information provided to it by the City as
confidential and shall not disclose any such information to a third party without the
prior written approval of the City. Consultant shall store and maintain City Information
in a secure manner and shall not allow unauthorized users to access, modify, delete
or otherwise corrupt City Information in any way. —Consultant shall notify the City
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Bermex, Inc.
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immediately if the security or integrity of any City information has been compromised
or is believed to have been compromised.
6. RIGHT TO AUDIT.
Consultant agrees that the City shall, until the expiration of three (3) years after
final payment under this contract, have access to and the right to examine at
reasonable times any directly pertinent books, documents, papers and records of the
consultant involving transactions relating to this Contract at no additional cost to the
City. 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.
Consultant further agrees to include in all its subcontractor agreements
hereunder a provision to the effect that the subcontractor agrees that the City shall,
until expiration of three (3) years after final payment of the subcontract, have access
to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records of such subcontractor involving transactions related 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 paragraph.
City shall give subcontractor reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Consultant shall operate as an
independent contractor as to all rights and privileges granted herein, and not as agent,
representative or employee of the City. Subject to and in accordance with the
conditions and provisions of this Agreement, Consultant shall have the exclusive right
to control the details of its operations and activities and be solely responsible for the
acts and omissions of its officers, agents, servants, employees, contractors and
subcontractors. Consultant acknowledges that the doctrine of respondeat superior
shall not apply as between the City, its officers, agents, servants and employees, and
Consultant, its officers, agents, employees, servants, contractors and subcontractors.
Consultant further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Consultant.
8. LIABILITY AND INDEMNIFICATION.
CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY
THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
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Bermex, Inc.
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Bermex, Inc.
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MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES.
CONSULTANT CVENANTS AND AGREES TO, AND DOES HERE.- Y,
INDEMNIFY, HOLD HARMLESS AND S EFEND T Le'E CITY, ITS OFFICERS,
GENTS, SERVANTS AND EMPI . YFES, FROM AND AGAINST ANY AND A L L
CLAIMS OR I ,AWSUITS FOR EITHER PRO:NERTY DAMAG1. OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND
ANY RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING
DEATH, TANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR MALFEASANCE or INTENTIONAL MISCONDUCT OF
CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPL O YEE S.
9. ASSIGNMENT AND SUBCONTRACTING.
Consultant shall not assign or subcontract any of its duties, obligations or rights
under this Agreement without the prior written consent of the City. If the City grants
consent to an assignment, the assignee shall execute a written agreement with the City
and the Consultant under which the assignee agrees to be bound by the duties and
obligations of Consultant under this Agreement. The Consultant and Assignee shall be
jointly liable for all obligations under this Agreement prior to the assignment. If the City
grants consent to a subcontract, the subcontractor shall execute a written agreement
with the Consultant referencing this Agreement under which the subcontractor shall
agree to be bound by the duties and obligations of the Consultant under this
Agreement as such duties and obligations may apply. The Consultant shall provide the
City with a fully executed copy of any such subcontract.
10. INSURANCE.
Consultant shall provide the City with certificate(s) of insurance documenting
policies of the following minimum coverage limits that are to be in effect prior to
commencement of any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$2,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each accident on a combined single limit basis or
$250,000 Bodily injury per person
$500,000 Bodily injury per occurrence
$100,000 Property damage
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Coverage shall be on any vehicle used by the Consultant, its
employees, agents, representatives in the course of providing
services under this Agreement. "Any vehicle" shall be any vehicle
owned, hired and non -owned
(c) Worker's Compensation
Statutory limits
Lmployer's liability
$100,000 Each accident/occurrence
$100,000 Disease per each employee
$500,000 Disease -policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits
consistent with statutory benefits outlined in the Texas workers'
Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and
minimum policy limits for Employers' Liability of $100,000 each
accident/occurrence, $500,000 bodily injury disease policy limit and
$100,000 per disease per employee
(d) Errors & Omissions (Professional Liability):
$1,000,000 Each Claim Limit
$2,000,000 Aggregate Limit
If coverage is written on a claims -made basis, the retroactive date
shall be coincident with or prior to the date to the contractual
agreement. The certificate of insurance shall state that the
coverage is claims -made and include the retroactive date. The
insurance shall be maintained for the duration of the contractual
agreement and for five (5) years following completion of the
services provided under the contractual agreement or for the
warranty period, which ever is longer. An annual certificate of
insurance submitted to the City shall evidence coverage.
10.2 Certificates.
Certificates of Insurance evidencing that the Consultant has
obtained all required insurance shall be delivered to the City prior to
Consultant proceeding with any work pursuant to this Agreement. All
applicable policies shall be endorsed to name the City as an additional
insured thereon, as its interests may appear. The term City shall include
its employees, officers, officials,. agent, and volunteers in respect to the
at SECRETARY
Form Services Agreement '+
Bermex, Inc. FT.
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contracted services. All policies except Professional Liability shall provide
a Waiver of Subrogation in favor of the City. Any failure on the part of the
City to request required insurance documentation shall not constitute a
waiver of the insurance requirement. The City reserves the right to make
reasonable requests or revisions pertaining to the types and limits of that
coverage. A minimum of thirty (30) days notice of cancellation or
reduction in limits of coverage shall be provided to the City. Ten (10) days
notice shall be acceptable in the event of nonpayment of premium. Such
terms shall be endorsed onto Consultant's insurance policies. Notice
shall be sent to the Risk Manager, City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney
at the same address.
11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Consultant agrees to comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If the City notifies Consultant of any violation of
such laws, ordinances, rules or regulations, Consultant shall immediately desist from
and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Consultant, for itself, its personal representatives, assigns, subcontractors and
successors in interest, as part of the consideration herein, agrees that in the
performance of Consultant's duties and obligations hereunder, it shall not discriminate
in the treatment or employment of any individual or group of individuals on any basis
prohibited by law. If any claim arises from an alleged violation of this non-discrimination
covenant by Consultant, its personal representatives, assigns, subcontractors or
successors in interest, Consultant agrees to assume such liability and to indemnify and
defend the City and hold the City harmless from such claim.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand -delivered to the other
party, its agents, employees, servants or representatives, (2) delivered by facsimile
with electronic confirmation of the transmission, or (3) received by the other party by
United States Mail, registered, return receipt requested, addressed as follows:
To The CITY:
City of Fort Worth
Attn: Fernando Costa
1000 Throckmorton
Fort Worth TX 76102-6311
Facsimile: (817) 392-8654
Form Services Agreement
Bermex, Inc.
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To CONSULTANT:
Bermex, Inc.
Henry G. Mello
37244 Groesbeck Highway, Suite A
Clinton Township, Michigan 48036
Facsimile: (586) 461-2054
CITY SECRETAitY
FT. WORTH, TX
14. ,GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does
not waive or surrender any of its governmental powers.
15. NO WAIVER.
The failure of the City or Consultant to insist upon the performance of any term
or provision of this Agreement or to exercise any right granted herein shall not
constitute a waiver of the City's or Consultant's respective right to insist upon
appropriate performance or to assert any such right on any future occasion.
16. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the internal laws of the
State of Texas. If any action, whether real or asserted, at law or in equity, is brought on
the basis of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas, Fort Worth Division.
17. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining provisions shall not in any way
be affected or impaired.
18. FORCE MV1AJEURE.
The City and Consultant shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but shall not be held liable for any
delay or omission in performance due to force majeure or other causes beyond their
reasonable control (force majeure), including, but not limited to, compliance with any
government law, ordinance or regulation, acts of God, acts of the public enemy, fires,
strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
19. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
20. REVIEW OF COUNSEL.
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B erm ex, Inc.
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{►L RECORD
The parties acknowledge that each party and its counsel have reviewed and
revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the
interpretation of this Agreement or exhibits hereto.
21. AMENDMENTS / MODIFICATIONS / EXTENSTIONS.
No extension, modification or amendment of this Agreement shall be binding
upon a party hereto unless such extension, modification, or amendment is set forth in a
written instrument, which is executed by an authorized representative and delivered on
behalf of such party.
22. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any
documents incorporated herein by reference, contains the entire understanding and
agreement between the City and Consultant, their assigns and successors in interest,
as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with any provision
of this Agreement.
23. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal
authority to execute this agreement on behalf of the respective party, and that such
binding authority has been granted by proper order, resolution, ordinance or other
authorization of the entity. The other party is fully entitled to rely on this warranty and
representation in entering into this Agreement.
(SIGNATURE PAGE FOLLOWS]
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Form Services Agreement
B erm ex, Inc.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples
this day of i1,fl o tin.4y�.¢ , 20oIU
F FORT W RTH:
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Fernando Costa ^°" ..,ca.Q
Assistant CityMana er `�
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ATTEST:
Marty H" drix
City Secretary
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Berme; Inc:
Henry G. Mello
President
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APPROVED AS TO FORM AND
LGALITY:
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Cheista R. Reynolds
Sr. Assistant City Attorney
CONTRACT AUTHORIZATION:
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Date Approved:
Form Services Agreement
Bermex, Inc.
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OFFICA L RECORD
CITY SECRETARY
FT.Wcrm; TX
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EXHIBIT A
SCOPE OF WORK
OVERVIEW OF BUSINESS OBJECTIVES AND GOALS
The City of Fort Worth (City) is soliciting proposals for experienced and
qualified Meter Reading Services for an agreement to read standard routes for
monthly water meter reading throughout the City. The City provides retail
treated water to over 240,000 customers, all of whom with minor exceptions are
located within the corporate limits of the City with a service area totaling
approximately 325,000 square miles. The Service area is divided into both
walking and "drive -out" routes. The City uses several makes of meters. All of
the meters have either dial or digital type displays and most read left to right.
Meters are read two (2) days prior to billing with approximately 240,000
accounts billed monthly. Most of the meters are in relatively easy to read
locations, but some are located in underground vaults and in remote locations.
The City currently utilizes a 21-day cycle for a total of approximately 390 routes
per month.
The City is responsible for calculation, billing and receipt from water,
wastewater and solid waste services. As a major source of revenue, the accuracy,
timeliness and completeness of meter reading information is critical for
management. Readings must be taken in all weather, site and meter conditions.
The City currently utilizes approximately 28 Datamatic handheld devices with
charging and communication cradles. Meter reading route information is down-
loaded from the Customer Information System (CIS), which is the City's
mainframe. As the meter reader traverses the reading route, the handheld device
displays the street address, commentary, prompts for the meter data and
abnormal conditions. After the route is complete, the handheld device is again
connected to the cradle for charging and communications. The devices are
unloaded nightly to the CIS and are loaded with the route schedule for the next
day. Various reports are available from the CIS summarizing the activity from
each unloaded device. Routes are determined and periodically adjusted based on
the order in which the meters are read. Meter locations and other special
comments are stored in the CIS and are available for the meter reading devices.
REQUIRED SERVICE
The Contractor shall report to the Water Director, S. Frank Crumb P.E., or his
designee, Fort Worth Water Department and shall obtain meter readings each month
according to pre -arranged meter reading and billing schedules for all retail customers of
the City.
Task 1- Training Contractor must demonstrate that trained, responsible
people will be used for this agreement. Employee training should include
classroom and field work with a qualified instructor. It is expected that actual
field experience will be part of the training.
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I Ft WORTH, TX
Task 2 -Quality of work Per American Water Works Association (AWWA)
standards, meters must be accurate with an error level of not greater than one (1)
error per 1,000 reads. On a monthly basis, a penalty of $25.00 will be assessed
for each reading error in excess of 1 per 1,000 reads. Errors are defined as
misreads found by field audit re -reads prior to billing or through customer
request investigations (re -reads). After completion of investigation, reading error
is confirmed. Contractor is responsible for insuring that individual error levels
will not exceed a maximum of three (3) errors per 1,000 reads for more than two
(2) consecutive months. Failure to correct could result in agreement termination.
Failure to read for any reason, Contractor will incur penalty of $5.00 for each un-
read meter. Falsification of readings will result in a $500.00 liquidated damages
per each false read identified. Falsification of readings may also result in
immediate termination of agreement.
Task 3 - Completion of work Handheld devices shall be picked up by 6:00
a.m. each work day and all meter readings are to be completed on the day
scheduled. All work must be returned to the City by 5:00 p.m. on the day the
meter is read. All handheld devices must be picked up from and returned to the
site determined by the City. Weather conditions must not prevent the
accomplishment of services under this agreement unless preauthorized by the
City in advance. The reading schedule is provided with a certain degree of
flexibility which does allow for occasional modification. Upon prior approval
from the City, reading periods can be extended through "no -read" days or
holidays. The average read time for a route is five (5) to six (6) hours.
Contractor is to establish work schedules for personnel.
The successful Contractor's role in the Meter Reading Services Agreement will be to:
Provide necessary field personnel and supervision to read contracted routes.
Provide uniforms to Meter Readers (subject to approval by the City)
Provide employee identification which includes a photograph of the employee.
Personnel will be required to wear Contractor provided uniforms and
identification badge.
Furnish and be responsible for all transportation necessary to complete the work.
Provide City approved vehicle signs with the following identification and must
be professionally maintained so as to provide a clean and mechanically sound
image.
Meter Reading Contractor
Fort Worth Water Department
(817) 392-4477
Provide tools, materials and supplies required by Meter Reading, i.e. meter bars,
reading scopes, hand pumps, animal repellant, etc.
Read a minimum number of scheduled contracted routes per day in a 21-day cycle for a
total of approximately 390 routes per month-.
CITY SECR C;.
Ft WORTH,
TX
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Provide management information reports on a daily, weekly and monthly basis.
Maintain liability and insurance coverage in such form and amounts specified in the
Professional Services Agreement.
Perform criminal history checks on each new employee.
Provide proof of valid driver's license every six (6) months for all employees who are
required to drive.
Contractor must ensure that employees will not consume alcohol or use controlled
substances during work hours and will not work under the influence of alcohol,
controlled substances or dangerous drugs.
Contractor is responsible for ensuring that all its employees conduct themselves in a
courteous and professional manner when dealing with all customers of the City of Fort
Worth Water Department.
Contractor is responsible for collecting meter readings regardless of weather, meter
condition and/or other impediments unless pre -authorized by City in advance.
Should a failure of the handheld meter reading devices equipment occur, the Contractor is
expected to return the device to the City as soon as possible after the failure is
encountered so that attempts can be made to retrieve the data. If the data is lost,
Contractor will be responsible for re -obtaining the lost readings. The City will
compensate the Contractor for the actual cost of the retrieval of readings.
Contractor will be held financially liable for any damage or loss to the handheld meter
reading equipment, including the cost of transporting damaged equipment to the repair
facility, due to negligence or abuse by its employees.
Contractor and its employees are prohibited from tampering, altering or adjusting the
handheld reading devices and associated equipment.
Upon completion of services under this agreement the Contractor must return all
handheld meter reading devices, battery packs and associated equipment to the
City by 6:00 p.m. CST (unless mutually agreed by the City and Contractor) on
the day of agreement termination or expiration
All services shall be performed as described in the scope of work specification. Deviation
will not be considered unless the Contractor can explain in detail that the deviation is of
material benefit to the City and provides service levels at least equal to the specified.
ASSUMPTIONS
4s1
If necessary, the Contractor will be provided 24 hours of training on the Datamatic meter
reading equipment at no cost to the Contractor.
All products, deliverables and documentation generated as a result of the efforts
described herein are the exclusive property of the City of Fort Worth.
Contractor will track issues, action items and meter reading items.
CITY SECtiutimice
Ft WORTH, TX
The City will accept or reject all deliverables within ten (10) business days. Business days
are considered to be the normal City hours of operation: Monday — Friday; 8:00 a.m.
— 5:00 p.m., excluding City holidays and furlough days.
Minimal administrative support will be required, but in those instances when it is
required, it will be provided by the Contractor.
The Contractor's work will be conducted on site, travel time and costs are included in
agreed upon pricing.
CRITICAL SUCCESS FACTORS
Effective management and oversight is critical to the success of the agreement.
The Contractor will work with the Water Conservation Services to ensure the
City's business priorities are being met.
Monitoring and evaluation of performance will be accomplished through the
tracking of milestones and targets, and future compensation will be tied to
performance.
Communicate progress and findings to the Water Conservation Manager via
email, minutes and briefings on a weekly basis throughout the duration of the
agreement. Assist with the preparation of briefing materials and presentation of
such to the City Manager staff, Infrastructure and Transportation Committee
(ITC), City Council and Employee Meetings as requested.
OUT OF SCOPE
Implementation of any technology solutions is considered out of scope. The
Contractor will be providing meter reading and associated services only.
Development and documentation of departmental procedures and/or desk top
work instructions will remain the responsibility of City of Fort Worth staff.
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EXHIBIT B
CITY OF FORT WORTH WATER DEPARTMENT
CONTRACT METER READING SERVICES
PROPOSAL COST SUMMA i YY
Based on stated cycle/route size and potential growth factors, pricing should be quoted per meter.
COST PER METER
$ 0.47
X 12 MONTHS (year 1)
X 240,000 METERS = $ 112 800.00
$ 1,3 53,600.00
Mileage Cost N/A /mile $ N/A
Miscellaneous Cost $ N/A
(Specify Additional Charges)
One Year Option
Two Year Option
Three Year Option
Four Year Option
Five Year Option
404
$ 0.47 ($1,353,600, Annual)
$ 0.49 ($1,411,200, Annual)
$ 0.49 ($1,411,200, Annual)
$ 0.49 ($1,411,200, Annual)
$ 0.51 ($1,468,800, Annual)
OFFICIAL RECORD
D
CITY SECRETARY
FT. wpm, Tx
M&C Review
Page 1 of 2
Official site of the City of Fort Worth, Texas
Fowr' \VORu 1
COUNCIL ACTION: Approved on 10/19/2010
DATE:
CODE: C
SUBJECT:
10/19/2010 REFERENC
NO.:
TYPE:
C-24552
NON -
CONSENT
LOG NAME:
UBLIC
HEARING:
13 P 10-0536 METER
READING JR
NO
Authorize a One -Year Contract in an Initial Amount Up to $1,353,600.00 with Bermex,
Inc., for Meter Reading Services with Options to Renew the Contract for Up to Five One -
Year Periods
RECOMMENDATION ■
It is recommended that the City Council authorize a one-year contract in an initial amount up to
$1,353,600.00 with Bermex, Inc., for Meter Reading Services with options to renew the contract for
up to five one-year periods.
DISCUSSION:
The City of Fort Worth Water Department utilizes a third party to read water meters at over 240,000
retail account locations. The accuracy, timeliness and completeness of meter reading information is
critical. This agreement will be used to ensure that monthly water meter reading is conducted
accurately throughout the City. The information obtained from these meter readings will allow for the
calculation, billing and receipt of water and wastewater service revenue.
The Purchasing Division issued a Request for Proposals (RFP) on August 2, 2010, soliciting qualified
firms to conduct water meter reading services for the City. The evaluation factors included
methodology and approach to the project, responsiveness to the scope of work, demonstrated
applicable experience, personnel qualifications of staff to be assigned to the project, total cost and
schedule. The vendors were required to meet minimum specifications designed to establish criteria to
demonstrate the capability and experience in providing meter reading services for a major utility
similar to the City of Fort Worth Water Department. In addition to these requirements, vendors were
required to submit proof of at least five years of operating experience and performance.
An evaluation panel was made up of representatives from the Water Department. Seven proposals
were received in response to the RFP. Proposals were received from Bermex, Inc., Corix Utilities
(US) Inc., Trace Services, LP, US Metering & Technology, Inc., AMS Utiliserv, Utility Partners of
America, and Water Alternative Natural Gas I . The recommended service provider, Bermex, Inc.,
was determined the most qualified to perform the required services.
ADVERTISEMENT - This RFP was advertised in the Fort Worth Star -Telegram on August 4, 2010,
August 11, 2010, August 18, 2010 and August 25, 2010.
PRICE ANALYSIS - The Cost Per Meter under the recommended agreement will remain the same as
the 2009 Agreement and will not increase until Fiscal Year 2012. The Water Department has
reviewed the pricing and determined it to be fair and reasonable. Prices for each year's meter reading
services are estimated based on stated cycle/route size and potential growth factors:
Year
2010
2011
2012
2013
I OFFICIAL RECORD
1 Ft Weintio TX
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14066&councildate=10/19/2010 10/25/2010
Cost Per
Meter
$ 0.47
$ 0.47
$ 0.49
$ 0.49
Estimated Total
Cost
$1,353,600.00
$1,353,600.00
$1,411,200.00
$1,411,200.00
M&C Review Page 2 of 2
2014
2015
5 year
total
$ 0.49
$ 0.51
$1,411,200.00
$1,468,800.00
$8,409,600.00
AGREEMENT TERMS - Upon City Council's approval, the Agreement will begin October 1, 2010 and
expire September 30, 2011 unless terminated earlier in accordance with its terms.
RENEWAL OPTIONS - This Agreement may be renewed for up to five additional one-year terms at
the City's option. Additional services, not to exceed $50,000.00 in excess of the annual amount, may
be required based on the number of new meters installed throughout the agreement period. This
action does not require specific City Council approval provided that the City Council has appropriated
sufficient funds to satisfy the City's obligations during the renewal term.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the
Purchasing Division and approved by the M/WBE Office because the purchase of goods or services
is from sources where subcontracting or supplier opportunities are negligible.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Water and Sewer Fund
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 539120 0604009 $1,353,600.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Fernando Costa (6122)
Frank Crumb (8246)
Jack Dale (8357)
James Rodriguez (2057)
http://apps.cfwnet org/council_packet/mc review.asp?ID=14066&councildate=10/19/2010 10/25/2010