HomeMy WebLinkAboutContract 29129 CITY OF FORT WORTH, TEXAS ['|l Y SECRETARY
STANDARD AGREEMENT FOR ENGINEERING SERVI&-ES,/ / RAC / W-1'
This AGREEMENT is between the City of Fort Worth (the "CITY"), and K8VVH Americas, Inc, (the
"ENGINEER"),fora PROJECT generally described as:The Water Information Technology Program, Phase i
(one)
Article
Scope ofServices
A. The ENGINEER will provide Program Management, Provision of Best Practice Advice,
Quality Assurance/ Quality Control, and K8BE0VBE Compliance and Monitoring Services
within Phase 1 of the overall Water Information Technology Program. The Scope of
Services is set forth in Attachment A.
Article 11
Compensation
A. The ENG|NEER'a compensation is set forth in Attachment B.
Article III
Terms ofPayment
Payments to the ENGINEER will be made aafollows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably substantiate the
invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT.
Invoices are due and payable within 30 days n(receipt.
(3) Upon completion of services enumerated in Article 1, the final payment of any balance will be
due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will be withheld
from paymen1, and the undisputed portion will be paid. The CITY will exercise
reasonableness in contesting any bill or portion thereof. No interest will accrue on any
contested portion uf the billing until mutually resolved.
(5) If the CITY fails bu make payment in full 8o ENGINEER for billings n0n&eo&ad in good faith
within 8O days cfthe amount due, the ENG|NEER may, after giving 7 days'written notice ko
QTY, suspend services under this AGREEMENT until paid 'in [uU. including interest. In the
eventpfsuopmnmionofoenjces. theENE||NEERs&o|| havenu |iabUitytoC|TYforda/ayssr
damages caused the CITY because of such suspension o(services,
Article IV
Obligations of the Engineer
Amendments tmAnk;/e IV, if any, are included in Attachment E.
A. General
The ENGINEER will eenx+ as the CD}"e professional engineering representative under this
Agreement providing professional engineering consultation and advice and furnishing customary
services incidental thereto.
B. Standard ofCare
The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence
normally employed in the State of Texas by professional engineers or consultants performing the
same or similar services at the time such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work
such as special surveys, tests, test borings, or other subsurface investigations in connection
with design and engineering work to be performed hereunder. The ENGINEER ehgU also
advise the CITY concerning the results of same. Such aunuaya' tests, and investigations
shall be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In eni|n, foundstinn, gvuundwater, and other subsurface inveatigetiona, the actual
characteristics may vary significantly between successive test points and sample intervals
and at locations other than where obcenxationa, exp|ustion, and investigations have been
made. Because of the inherent uncertainties in subsurface evy|uationa, changed or
unanticipated underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions andoost/exenubon effects are not the responsibility of
the ENGINEER.
D. Preparation mf Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible
plastic film sheets, or as otherwise approved by CITY,which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall
not be liable for the use of such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-
site representatives or otherwise, do not make the ENGINEER or its personnel in any way
responsible for those duties that belong 0n the CITY and/or the C|T\'a construction
contractors or other entities' and do not relieve the construction contractors or any other
entity of their oNigoU/mnx, dutieu, and neupVnsibUhiea, inm|uding, but not limited to, all
construction methoda, meona, bechniques, eequences, and procedures necessary for
coordinating and completing all portions of the construction work in accordance with the
Contract Documents and any health o/ safety precautions required by such construction
work. The ENGINEER and ds personnel have no authority kz exercise any control over any
construction contractor or other entity or their employees in connection with their work orany
health orsafety precautions.
(2) Except (othe extent of specific site visits expressly detailed and set forth jn Attachment A.
the ENGINEER or its personnel shall have no obligation or responsibility LV visit the
construction site to become familiar with the progress or quality of the completed work on
the PROJECT V/to determine, |ngenema(. |fthe work mn the PROJECT im being performed
ine manner indicating that the PRCUECT. when completed. will be in accordance with the
Contract Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER beconstrued as requiring ENGINEER to make exhaustive
or continuous on-site inspections 0o discover latent defects in the mmrh or otherwise check
ENGINEERING CONTRACT
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the quality mquantity of the work on the PROJECT. If, for any reason, the ENGINEER
should make an on-site observation(s), on the basis of such on-site observations, if any, the
ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract
Documents coming to the actual notice o| ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of mederia|e, systems or
equipment is reasonably required 0a perform the services set forth inthe Scope ofServices,
the ENGINEER shall be entitled to n*|y upon such certification to establish noateria|o,
systems or equipment and performance criteria tobe required{n the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations,and Schedules
(1) The ENGINEER shall provide opinions (f probable costs based on the current available
information edthe time(f preparation, in accordance with Attachment A.
(2) In providing opinions of oont, financial ana|ynee, economic feasibility pnojeotinnm, and
schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and
materials; unknown or latent conditions of existing equipment orstructures that may affect
operation or maintenance costs; competitive bidding procedures and market conditions;
time or quality cf performance by third parties; qua|UY, type, management or direction of
operating personnel; and other economic and operational factors that may materially affect
the ultimate PROJECT cost orschedule. Therefore, the ENGINEER makes no warranty
that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules
will not vary from the ENGINEER's opinions, analyses, projections,or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress payments to
the construction contractor will be based on the ENG|NEER'm knmw|edge, infonne1ion, and belief
from selective sampling and observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations have been made by the
ENGINEER to ascertain that the construction contractor has completed the work in exact
accordance with the Contract Documents; that the final work will be acceptable in all respects; that
the ENGINEER has made an examination to ascertain how or for what purpose the construction
contractor has used the moneys paid; that title to any ofthe work, materiu|a, or equipment has
passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there
are not other matters at issue between the CITY and the construction contractor that affect the
amount that should bepaid.
H. Record Drawings
Record drawings, if required, will be prepared, in pad, on the basis of information compiled and
furnished by others, and may not always represent the exact location, type of various components,or
exact manner in which the PROJECT was finally constructed. The ENGINEER io not responsible for
any errors or omissions in the information from others that is incorporated into the record drawings,
L Minority and Woman Business Enterprise(8&0NBE)participation
In accord with City of R3d Worth Ordinance No. 15530' the City has goals for the participation of
minority business enterprises and woman business enterprises in City contracts. Engineer
acknowledges the M/VVBE goal established for this contract and its commitment to meet that goal,
Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of
fraud by the Engineer may result in the termination of this agreement and debarment from
participating 'in City contracts for a period of time 8f not less than three(3)years.
ENGINEERING CONTRACT
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J. Right to Audit
(1) ENGINEER agrees that the CITY ohed|, until the expiration of three (3) years after final
payment under this oontraot, have access to and the right to examine and photocopy any
directly pertinent bookm, doournente, papers and records of the ENGINEER involving
transactions relating \o this contract. ENGINEER oAnaes that the CITY shall have access
during normal working hours toall necessary ENGINEER facilities and shall be provided
adequate and appropriate work space in order toconduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance notice of
intended audits.
(2) ENGINEER further agrees to include in all its auboonau(1en1 agreements hereunder a
provision to the effect that the nubcmnau|tant agrees that the CITY shall, until the expiration
of three (3) years after final payment under the subcontract, have access to and the right to
examine and photocopy any directly pertinent books, doournenie, papers and records of
such auboonau|tant involving transactions 0o the subcontract, and further, that the CITY
ahe|| have access during normal working hours to all subuonmu|tantfaci|itiea. and shall be
provided adequate and appropriate work space, in order to conduct audits in compliance
with the provisions of this article together with aubomction (3)hen*of. CITY ahoU give sub-
consultant reasonable advance notice mf intended audits.
(3) ENGINEER and aubconsu|tant agree io photocopy such documents as may be requested
by the CITY. The CITY agrees 10 reimburse ENGINEER for the cost of copies a1the rate
published in the Texas Administrative Code in effect aaof the time copying iaperformed.
K. ENGINEER`s Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following
coverage at minimum limits that are to be in effect prior to commencement of work on the
PROJECT:
Commercial General Liability
$1.00O.00O each occurrence
$1,000,000 aggregate
Automobile Liability
$1.O8O.OU0 each accident(or reasonably equivalent limits ofcoverage
if written ona split limits baain). Coverage shall benn any vehicle used
in the course of the PROJECT.
Worker's Compensation
Coverage A: statutory limits
CovenaQe8- $1OD.00O each accident
$5OO'OOO disease- policy limit
$100.000 disease'each employee
Professional Liability
$1.DD0.00O each claim/annual aggregate
(2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance
shall be delivered to the CITY prior k> ENGINEER proceeding with the PROJECT,
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(a) Applicable policies, except Workers' CompenaationandProfesakma| Liab|ity, and|
bo endorsed to name the CITY an Additional Insured thereon, as its interests may
appear. The term CITY shall include its emp|oyeea, nfficem, offkzia|o, agentn, and
volunteers as respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage specified
according to items section K.(1) and K(2) of this agreement are provided under
applicable policies documented thereon.
(o) Any failure on part of the CITY to request required insurance documentation shall
not constitute a waiver ofthe insurance requirements.
(d) A minimum of thirty-(30) days notice cfcancellation or reduction in coverage shall
be provided to the CITY. A ten (10) days notice shall be acceptable in the event of
non-payment of premium. Such iennn shall be endorsed onto ENG|NEER'n
insurance,policies. Notice shall be sent to the respective Department Director Dale
Fisseller City of Fort VVurth, 1000 ThmckmoUun, Fort VVorth, Texas
78102.
(e) Insurers for all policies must be authorized to do business in the state of Texas or
be otherwise approved by the CITY; and, such insurers shall be acceptable to the
QTY in 1onna of their financial strength and solvency.
(f) Deductible limits, or self-insured retentions, affecting insurance required herein shall
bm acceptable io the CITY in its sole discretion; and, in lieu of traditional inauranon,
any alternative coverage maintained through insurance pools or risk retention
groups must be also approved. Dedicated financial rnaVumee or letters of credit
may also be acceptable k>the City.
(g) Applicable policies, except Professional Liability, shall each be endorsed with a
waiver of subrogation in favor of the CITY ae respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring expense, to review
the ENG|NEEH's insurance policies including endorsements thereto and, at the
C|TY'a discretion, the ENGINEER may be required to provide proof of insurance
premium payments. ENGINEER may mark such policies as "Confidential" and the
City will use its best efforts to keep such information confidential. |n the event the
City receives o request for public information to disclose such po|icien. City shall
promptly notify ENGINEER who will provide reasonable assistance in submitting
a request to the Office of the Attorney General to prevent the disclosure of such
information.
(i) The Commercial General Liability insurance policy shall have no exclusions by
endorsements unless the CITY approves such exclusions.
�) The Professional Liability insurance po|icy, if written on a claims made basis shall
be maintained bythe ENGINEER for a minimum two (2) year period subsequent to
the term of the respective PROJECT contract with the CITY unless such coverage
is provided the ENGINEER onanoccurrence basis.
(k) The CITY shall not be responsible for the dinau1 payment of any insurance
premiums naqu|nad by this agreement, It i8 understood that insurance cost is an
allowable component mdENG|NEEH's overhead,
(|) All insurance required in section K.. except for the Profass/ona| Liability insurance
policy, shall!be written onanoccurrence basis|n order tobe approved by the CITY,
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(n) Suboonuu8ants to the ENGINEER shall be required by the ENGINEER N maintain
the same or reasonably equivalent insurance coverage as required for the
ENGINEER. VVhensubconmu|tanta maintain insurance coverage, ENGINEER shall
provide CITY with documentation 'thereof on a certificate of insurance.
Notwithstanding anything to the contrary contained herein, in the event a
subconsultant's insurance coverage is canceled or terminated, such cancellation or
termination shall not constitute a breach by ENGINEER mf the Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY.
M. Dieo|mmuma
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing
conflicts of interest or potential conflicts of interest, including personal financial interest, direct or
indirmc, in property abutting the proposed PROJECT and business relationships with abutting
property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any
conflicts of interest that develop subsequent to the signing of this contract and prior infinal payment
under the contract.
N. Asbestos orHazardous Substances
(1) If asbestos or hazardous substances in any h/nn are encountered or suspected, the
ENGINEER will stop its own work in the affected portions ofthe PROJECT to permit testing
and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER will, if requested,
assist the CITY in obtaining the a*rvio*x of a qualified subcontractor to manage the
rom*dia1ion activities o(the PROJECT.
0' Permitting Authorities- Design Changes
|f permitting authorities require design changes aoas to comply with published design criteria and/or
current engineering practice standards which the ENGINEER should have been aware of at the time
this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due h/ the changes in the
permitting authorities' published design criteria and/or practice standards criteria which are published
after the date mf this Agreement which the ENGINEER could not have been reasonably aware of,the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made
through anamendment to this AGREEMENT.
Article
Obligations of the City
Amendments to Article V and additional terms to this Agreement, if any, are included in Attachment E.
A. City+FwmnUshedData
The CITY will make available tothe ENGINEER all technical data in the (}|TY'e possession relating
10 the ENG|NEER's services on the PROJECT, The ENGINEER may nwky upon the accuracy,
timeliness, and completeness cd the information provided by the CITY,
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B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the ENG<NEER's
performance of its services and will provide labor and safety equipment as required by the
ENGINEER for such access. The CITY will perform, at no cost to the ENGINEER, such tests of
equipment, machinery, pipelines,and other components of the CITY's facilities as may be required in
connection with the ENG|NEER'saen/{oea. The CITY will be responsible for all acts ofthe C|TY`s
personnel.
C. Advertisements, Permits,and Access
Un|oea otherwise agreed to in the Scope of Services, the CITY will nbtain, o/nan0m, and pay for all
advertisements for bids; permits and licenses required by local, ataie, or federal authorities; and
land, eaaennents, righto-of-wuy, and access necessary for the ENG|NEER's services or PROJECT
construction.
D. Timely Review
The CITY will examine the ENG|NEER's studime, n*porto, eketnhms, drawings, speoifications,
proposals, and other documents; obtain advice of an attorney, insurance oounse|or, ocoountant,
auditor, bond and financial advionno, and other consultants as the CITY deems appropriate; and
render in writing decisions required by the CITY in a timely manner in accordance with the project
schedule in Attachment A.
E. Prompt Notice
The CITY will give prompt written notice hothe ENGINEER whenever CITY observes or becomes
aware of any development that affects the scope or timing of the EN[SINEER'a aen/icue or of any
defeointhewnrkoftheEN8INEERoroonstruotionoontractons.
F. Asbestos orHazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and release ENGINEER
and its officers, employees, and subcontractors from all claims, damages, losses, and costs,
inc|uding, but not limited to, attorney's fees and litigation expenses arising out oforrelating
to the presence, diocharge, re|eaee, or escape of hazardous aubatanoea, oontaminantn, or
asbestos on or from the PROJECT. Nothing contained herein shall be construed to require
the CITY to levy, assess orcollect any tax Lo fund this indemnification.
(2) The indemnification and release required above shall not apply inthe event the discharge,
release or escape of hazardous substanoes, oontemiman1s, or asbestos is a n*auit of
ENGINEER'S negligence or if such hazardous oubsiance, contaminant or asbestos is
brought onto the PROJECT byENGINEER.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article |VE, regarding the
ENG|NEER^s Personnel at Construction Site, and provisions providing contractor indemnification of
the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(l) The CITY agrees to include the following clause in all contracts with construction contractors
and equipment Vrmaterials supp/1ema�
"Oontrautors. subcontractors and equipment and materials suppliers on
ENGINEERING CONTRACT
pammrm1u
. . .
the PH(]JECT, ur their sureties, shall maintain no direct action against
the ENG|NEEH, its oMicen;, emp|oyeea, and subcontractors, for any
claim arising out of, in connection whb, nr resulting from the engineering
services performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the
ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or person
nygenjinQ the PROJECT u provision that such entity or person shall have no third-party
beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY
has in bring a claim against ENGINEER.
[ C|TY's |nsumance
(1) The QTY may maintain property insurance on certain pre-existing structures associated
with the PROJECT.
(2) The CITY will ensure that Builders Risk/installation insurance is maintained at the
replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy ofthe
policy or documentation of such ona certificate ofinsurance.
(3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in
coverage appropriate io the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, praparo, document, bring, defend, or eaeiai in litigation undertaken or
defended by the CITY. In the event QTY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the parties.
K. Changes
The QTY may make or approve changes within the general Scope of Gen/|cee in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of
the services, an equitable adjustment will be made through an amendment to this AGREEMENT
with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments kz Article V|. if any,are included |n Attachment E
A~ Authorization tmProceed
ENGINEER shall he authorized tu proceed with this AGREEMENT upon receipt of8written Notice to
Proceed from the CITY,
B. Rouse of Project Documents
All deaigns, duam/imAs, opacificmtions, docurnents, and other stork products of the ENG|NEER,
whether in hard copy or|nelectronic form, are instruments uf service for this PROJECT, whether the
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PROJECT is completed or not. Reuse, change,m alteration by the CITY mby others acting through
or on behalf of the CITY of any such instruments of service without the written [ennhsskm of the
ENGINEER will be at the C[7Y's sole risk. The CITY shall own the final designu, drawings.
specifications and documents.
C. FurceK8ajeum*
The ENGINEER is not responsible for damages or delay in performance caused by acts of God.
strikes, lockouts, accidents, acts of terrorism, or other events beyond the control of the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience, on 30 days'wriften
notice. This AGREEMENT maybe terminated by either the CITY orthe ENGINEER for
cause 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 diligently
complete the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the Qty. the ENGINEER will be
paid for termination expenses aofollows:
aj Cost of reproduction of partial or complete studiea, plans, specifications or other
forms of ENGINEER'S work VmducJ�
b.) Out-of-pocket expenses for purchasing storage containers, nnicrofi|m, electronic
data files,and other data storage supplies orservices;
C.) The time requirements for the ENG|NEER'm personnel to document the work
underway at the time the C|TY'o termination for convenience oo that the work effort is
suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit Lothe CITY an
itemized statement of all termination expenses. The QT\"o approval will be obtained in
writing prior to proceeding with termination services.
E. Suspension, Delay,or Interruption toWork
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the
[)|TY. In the event of such euspeneion, de|ay, or intenu[tion, an equitable adjustment in the
PROJECT's schedule,commitment and cost of the ENGINEER's personnel and subcontractors, and
ENG|NEER'm compensation will bemade.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss, 000t, or expense
claimed by third parties for property damage and bodily injury, including death,caused solely
by the negligence or willful misconduct of the ENG|NEER, its emop|oyees. ���ena. and
subcontractors in connection with the PROJECT.
(2) |f the negligence orwillful misconduct of both the ENGINEER and the CITY (or aperson
identified above for whom each is liable) is a cause uf such damage or|r8ury, the losa, cost,
or expense shall be shared between the ENGINEER and the QTY in proportion to their
relative degrees of negligence or willful misconduct as determined pursuant to T,C,P. & R,
Code, section 33.O11(4) (Vennon Supplement 1996).
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G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written consent Vfthe
other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business understandings between
the parties and shall apply to all the different theories of recnvery, including breach of contract or
warranty, tort including negUAonoe, strict or statutory liability, wr any other cause of ac{ion, except for
willful misconduct or gross negligence for limitations of liability and sn|m negligence for
indemnification. Parties mean the CITY and the ENGINEER, and their officers, emp|nyees, aggnba,
and subcontractors.
i Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and
pedonnanma, and any other claims related to b. The venue for any litigation related to this
AGREEMENT shall bm Tarrant County,Texas.
J. Alternate Dispute Resolution
(1) All o|aims, disputes, and other matters in question between the CITY and ENGINEER
arising out of, or in connection with this Agreement nrthe PHDJECT, or any bmaooh of any
obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If
mediation is unsuccessful, the claim, dispute or other matter in question oheU be submitted
to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to
be less than S50,OOU. exclusive of attorneys fees, costs and expenses. Arbitration shall be
in accordance with the Construction Industry Arbitration Rules of the American Arbitration
Association or other applicable rules of the Association then in effect. Any award rendered
by the arbitrators less than$50,000, exclusive of attorney's fees,costs and expenses,will be
fina|, judgment maybe entered thereon in any court having juriodioLinn, and will not be
subject to appeal or modification except tothe extent permitted by Sections 1O and 11ofthe
Federal Arbitration Act(SU.S.C. Sections 18 and 11).
(2) Any award greater than $50`000. exclusive of attorneys feeo, costs and expmnaem, may be
litigated by either party on a do novo basis. The award mhoU become final ninety (90) days
from the date same as issued. If litigation is filed by either party within said ninety (90) day
period, the award shall become null and void and shall not be used by either party for any
purpose in the litigation.
K. Se*ermbUity and Survival
|fanynfthe provisions contained in this AGREEMENT are held for any reason to be invalid, illegal,
or unenforceable in any respect, such invalidity, illegality, or unenforoeabi|dywiU not affect any other
provmion, and this AGREEMENT shall he construed as if such |nma|id, i||eQa|` or unenforceable
provision had never been contained herein, Articles V.F. ViB.^ y|.D, ViH, VU, andViJ. shall
survive termination of this AGREEMENT for any cause,
L. Observe and Comply
ENGINEER shall ad all times observe and comply with all federal and State laws and regulations and
with all City ordinances and regulations which in any way affect this AGREEMENT and the work
hemeunder, and shall obsen/e and comply with all unden0. laws ordinances and regOationo which may
exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment.
No plea of misunderstanding or ignorance thereof ohaU be considered. ENGINEER agrees to
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defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and
against all claims or |iob||by arising out of the violation of any such order, law, ordinance, or
regulation,whether itb*by itself or its employees.
Article VII
Attachments, Schedules,and Signatures
This AGREEMENT` including its attachments and achedu{ee, constitutes the entire AGREEMENT,
supersedes all prior written or oral undmratandinge, and may only bechanged byowritten amendment
executed by both parties. The foUm*|ny attachments and schedules are hereby made e part of this
AGREEMENT:
Attachment
-_ . ~�
Attachment B—Compensation for Professional Service
_�r_�'
Attachment C 'Task Budgets
Attachment U'Task Deliverables
Attachment E - Software Waiver Additional Terms�°L���
ENGINEERING CONTRACT
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IN W TNESS WHEREOF, the parties hereto have executed this Agreement in multiples this day of
Q-A , ,
ATTEST: CITY OF FORT, GRTR
# f N
By: 1
Gloria Pearson Ott
City Secretary Assistant City Manager
APPROVED AS TO FORM APPROVAL RECCOMENDATION
AND LEGALITY
A U "
V
By:
6-2i—P4;�I
Assistant City Attorney Water Dept. Assistant Director
A
ATTEST:
By: By:
Water Department blerector
Dale Fisseler, P. E.
Contract Authorization
ENGINEER:
Date MWH Americas, Inc.
309 W. 7th Ste 1010
Fort Worth, TX,76102
A p
ATT S
\k
By:
I Jo n D'A toni
Vce P sident
ATT
By:
K' in Kelly V--
hief Operate Off' r
ENGINEERING CONTRACT
Page 12 of 12
Attachment A
Scope of Services
The role of MVVH America's Inc (ENGINEER) and its appointed sub-consultants (PROGRAM
TEAM) will be to provide Program Management, Provision of Best Practice Advk;o, Quality
Assurance/ Quality Control, and K4BE/VVBE Compliance and Monitoring Services within Phase 1
of the overall WATER IT PROGRAM. The role of the ENGINEER will be extended within the
water and sewer infrastructure G{9 Program to include the provision of technical input to e
number of key phases such as the base map corrections and the development of a mapping and
symbology standards.
The ENGINEER commits to achieving a 22% K8BE/WBE participation goal in the Water IT
PROGRAM in accordance with the City of Fort Worth's requirements and guidelines. The
nominated MBE/VVBE firms include Thoth Solutions, Goo-marine Inc., Fairview and Associates,
and VivuneInc.
The WATER IT PROGRAM Phase 1 will be carried out over atwenty-four month period and is
scheduled for completion in October 2OO5. The ENGINEERS scope of work within the WATER |T
PROGRAM ia described in Task 1 through Task 7.
Task -|T Program N9onagmmnmmt
The role of the ENG|NEER, in conjunction with the PROGRAM TEAyW, is to fuui|itede, 000rdinaUe,
and manage the implementation raphio |nformohon Gyatonn (G|G) and Maintenance
Management System (yNMS)/CSKH systems and the implementation planning of the
Capital Improvement Planning (C|P) eystom and the systems integration strategy during the
twenty four month contract period, scheduled for completion in October, 2005.
Task la. Program Management Procedures and Methodologies
The development, execudon, and administration o( the WATER IT PROGRAM work schedule,
resource schedule, budget, MBE/VVBEcomp|iance. and communications plans together with the
formal reporting guidelines would include the following tasks:
1a.1 — the ENG|NEER, in conjunction with
the PROGRAM TEAK8, shall identify activities (critical path, work breakdown mtruotureo, eto.),
sequence the activities (dependent upon interactivity dependencies), estimate the durcdion, and
schedule all significant activities required within the WATER IT PROGRAM. The program
schedule will be developed electronically using Microsoft Project TM;
1a.2 Developing the Water IT Program Resource Plan — the ENGINEER, various city
depahmenta, andaub-ENG|NEER'e in conjunction with the PROGRAM TEAM, shall identify all
the necessary human, hardware, software, and equipment resources from within the various City
Departments (Department of Engineering. Water Department Information Technology Solutions,
Finance, and Development) necessary to carry out the tasks identified in Item 1a.1*,
1 a.3 the ENGINEER, in conjunction with the
PROGRAM TEAK8, shall prepare the cost budget required to implement the WATER IT
PROGRAM based on the activities identified in Item 1a.1 and kenn 1a.2, The Water Department
shall provide cost rates for the various nb&# mennbem, equ|pmenL, sofbmare, and any other
resources assigned to the WATER IT PROGRAM for use in preparing this plan;
1a.4 Developing the Water IT ELQgram Communication Plan—the ENG/NEER, in conjunction
with the PROGRAM TEAk8, shall prepare a communication plan for the WATER IT PROGRAM.
The Communication shall include the formal protocols and procedures for written, *ra(, and
electronic communications within the WATER |T PROGRAM;
Ml9B Attachment A
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1a-5 Developing the Formal Water /T Program Progress and MBEIWBE Complianc
Reporting Guidelines — the ENGINEER ohs8| develop the formal guidelines to be used in the
monthly reporting to the Water KProgram Management Committee and the quarterly reporting to
the Executive Committee. The guidelines will include the o1ruoiun* of the report and the key
performance metrics to assess the progress and acceptance of the WATER IT PROGRAM;
1 a.6 Developiag the Formal Process for ldentif&q, Asskqnin_q, and Closing Out Water /T
Program Workflow Discrepancies — the ENGINEER, in conjunction with the PROGRAM TEAM,
shall develop the procedure and methods to be implemented for identifying, assigning, and
closing out discrepancies as they arise throughout the WATER IT PROGRAM. The ENGINEER,
in conjunction with the PROGRAM TEAM, shall provide the requirements to Water Department
Information Technology Group who will be responsible for the development, implementation,
hoeLingondmanagementofane|e(tronin"Workf|mwPronams |esumaDadabase"; and
1a.7 — the ENGINEER, in
conjunction with the PROGRAM TEAKA, mhoU meet with all necessary City Staff (inc|udinQ, but not
limited to Department of Engineering. Water Department, IT Solutions, Finance, and
Development) todevelop and document the p|ano, guide|ines, and procedures identified in Item
1o.1 through Item 1a.6.
Task la Deliverables
Task Description Format Frequency
1a.1 Master Program Schedule Plan MS Project Single deliverable
1 a.2 Master Program Resource Plan MS Word Single deliverable
1 a.3 Master Program Budget Plan MS Word, MS Excel Single deliverable
1 a.4 Master Program Communication Plan MS Word Single deliverable
1 a.5 Master Program MWBE Reporting MS Word Single deliverable
Guidelines
1 a.6 Master Program Risk/Issues Guidelines MS Word, MS Single deliverable
Access
1 a.7 Meeting Minutes MS Word Multiple
deliverables
Task 1b. &BEIWBEFrcgra/n
The development ofa K8BE/N/BE program within the WATER IT PROGRAM would include the
following tasks:
1b] — ihe ENGINEER shall, in conjunction with the PROGRAM
TEAK8, review the current list of K8BE/VVBE IT firms registered with the Qh/. The ENGINEER, in
conjunction with the PROGRAM TEAM, shall identify and shmrt|iut those k8BE/VVBE firms
qualified to participate within the IT PROGRAM;
1b.2 Interview Shortlisted MBEIWBE Firms — 1he EN8|NEER, shall in conjunction with the
PROGRAM TEAW1, interview each of the nhort|isted K8BE/VVBE firms to asooae the technical
competence, eligibility, and business capabilities Vf the WlBE/N/BEfirm;
1b,3 the ENG|NEER, in
conjunction with the PROGRAM TEAK8, shall meet the participation goals and develop a
K8BE/WBE Compliance Plan for the WATER IT PROGRAM that aims at achieving these
participation goals-, and
1b.4 the ENGINEER, in
conjunction with the PROGRAM TE8K0, will carry out six monthly reviews of the K8BE/VVBE
Compliance Plan. The review shall include the number of participating K4BEJVVBE f1nns' ethnic
and gender breakdown, status of WATER IT PROGRAM goals, recommended refinements to the
plan, and other information relating to the success or failure of the KxBE�WBE plan, The
K8BE/NJBEoumnpUanoe metrics will be incorporated within the monthly WATER IT PROGRAM
reporting framework defined inTask 1a.
MYyB Attachment A
. . .
Task lb Deliverables
Task Description Format Frequency
1 b.3 I MBENVBE Compliance Plan MS Word Single deliverable
1 b.4 MBEANBE Compliance Plan Updates MS Word Monthly reports
Task 1c. QAIQC Control Procedure Development and Q4/QC
Monitoring the development and monitoring of the Quality Assurance and Quality Control
procedures throughout the duration of the WATER IT PROGRAM would include the following
tasks:
1nJ Developing Formal Water IT ELogram Quality Assurance and Quality Control Procedures
— the ENG|NEER, in conjunction with the PROGRAM TEAM, ohu|| develop the fonne| quality
assurance and quality control procedures to ensure that the WATER IT PROGRAM objectives
are achieved. QA/QC procedures will be developed for acceptance of the completed water and
sewer G|8 Map Tiles by the Field Operations Group and acceptance ofthe Base Map corrections
identified by the G|S Program Team; and
1o.2 —the ENGINEER, in conjunction with the PROGRAM
TEAM, ahuU monitor the implementation of the 0A/DC procedures by carrying out routine audits
on a quarterly basis to identify any areas of non-compliance.Where appropriate, the ENGINEER,
in conjunction with the PROGRAM TEAM, shall identify any corrective actions to ensure that
Program QA/QC procedures are being correctly implemented.
Task /oDeliverables
Task Description Format Frequency
1c.1 QA/QC Compliance Plan MS Word Single deliverable
1 c.2 QA/QC Compliance Plan Implementation MS Word Quarterly reports
Updates
Task yd. Program Management
The monitoring, evaluation and reporting of progress throughout the duration of the WATER IT
PROGRAM will be based on the management guide|inee, proneduros, and methodologies
developed under Tasks 1a through 10 of this Scope of Work. Program Management would
include the following tasks:
1d.1 — The ENGINEER shall
prepare monthly progress reports for the WATER IT PROGRAM using the procedures and
methodologies defined inTasks 1a and 1b. Where appropriate, the ENGINEER in conjunction
with the PROGRAM TEAM, shall identify any corrective actions required to ensure that the
Program is suitably nesourced. remains on schedule and within budget and that the K8BE/WBE
Compliance Plan objectives are achieved. The ENGINEER shall convene and facilitate the
monthly PROGRAM TEAM Meetings and will provide any immediate advice and assistance
requested by the team members to clarify and resolve any issues contained in the performance
reports;
1d,2 — the ENGINEER, in
conjunction with the PROGRAM TEAM, shall meet with all necessary City staff (Department of
Engineering, Water Department, IT Solutions Deme|opMnmnt, Minority Business Off|ce, etc.) to
resolve all issues identified within |bmrn 1V
1d�8 — the
ENGINEER shall prepare and present quarterly reports hmthe Executive Committee comprising
Executive Management from the Water Department, Department of Engineering, and IT Solutions
on the progress of the WATER IT PROGRAM in terms of schedule, resources, and cost; and
MWB Attachment&
1d.4 Major GIS PrQqram Review— the ENGINEER oha|, in conjunction with the PROGRAM
TEAM` implement a major Program review on a six-month basis to assess progress. VVhen*
appropriate, the ENG|WEER, in conjunction with the PROGRAM TEAM, ahoU identify any
corrective actions to the G|S workflow process and any modifications to the 8|S Program
schedule, ronource, cost, and quality assurance/quality control plans to ensure that the G{G
Program is completed within the implementation period.
Task ld{eliverables
Task Description Format Frequency
1d.1 Monthly Program Reporting and Meetings MS Word, MS Excel Monthly reports
(updates of all items in Tasks 1 a, 1 b, and
1 d.2 Program Senior Staff Meetings MS Word Meeting minutes
1 d.3 Program Executive Committee Meetings MS Word, MS Excel, Quarterly Reports
MS PowerPoint
1 d.4 GIS Program Review Report MS Word, MS Excel Six Monthly
Reports
TmshD-VVmterand Sewer Asset Data Model
The ENGINEER, in conjunction with the PROGRAM TEAM and the K8M8 Implementation
ENGINEER, would be responsible for dnoigninQ, douunnenting, and implementing a common
water and sewer data model that will be used to implement the GIS and MMS software platforms.
This process vvnu|d involve the following tasks:
2.1 —the ENGINEER
ohaU, in conjunction with the PROGRAM TEAM and the MM5 Implementation ENGINEER,
convene a series of workshops and one-on-one meetings to manage the development of a
common water and sewer data model. The basis for the data model vvnu|d be the ESR| water and
sewer G|S data model and the adopted W1MS data model. The output from this process would be
aoommnn water and sewer data model and its associated documentation including a series of
Entity-Relationship Diagrams showing the data table ntrunturem, the data table relationships, the
primary key/foreign key relationships, and the Metadsda standards; and
2.2 Water and Sewer Data Model Implementation — the ENGINEER shall provide the
necessary technical advice and assistance tothe PR(}{SRAK8 TEAM in implementing the water
and sewer data model. Where appropriate, the ENGINEER shall facilitate and manage any
adjustments to the adopted water and sewer data model and the N1m\admda standards throughout
the duration of the WATER IT PROGRAM.
Task 2 Deliverables
Task Description Format Frequency
2 Water and Sewer Asset Data Model MS Word Single deliverable
Report
Logical Data Model Visio Single deliverable
Data Dictionaiy�
Task 3—Systems Integration Plan Development
The ENGINEER, in conjunction with the PROGRAM TEAK4, will be responsible for facilitating
systems integration needs assessrnmnts, relating business capability and process implications to
Systems Integration, providing integration and infrastructure technology |nm/ghba, and product
vendor expertise. The ENGINEER will develop and obtain apponuo| of a plan containing
actionable steps for Systems Integration. This process would involve the following tasks:
3.1 — the ENGINEER
shaUmoope and conduct. several workmhopS. with support from the PROGRAM TEAM, todiscuss
MWD Attachment A
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and identify the Business Capabilities (i.e., business function core competencies) required by the
VVabar Department to effectively conduct business. The focus will be on Business Capabilities
that span multiple departments in order to identify potential Systems Integration needs, as
opposed Lo identifying department-specific Business Process workflow;
3.2 — the ENGINEER shall
work with the PROGRAM TEAM to conduct an assessment of current IT syaturna (vendor-
provided and in-houoe), database p|atfmrmo, integration methods used, client/server hardware,
and network infrastructure (i.e., hubm, routers, owitoheo, bandwidth, distributed facilities). The
ENGINEER will produce o report of current state |T findings, which will serve an the baseline for
the Systems Integration p|an, and note major deficiencies and/or issues discovered. The
ENGINEER must take into consideration all software versions, Water Department system
upgrade and replacement plans, and other related enterprise systems when establishing the
baseline;
3.3 Develop Systems Integration Framework and Strateqy — the ENGINEER shall
demonstrate integration solution expertise and conduct awareness and strategy workshop with
the PR{}{SRAK8 TEAM to outline a "blended" integration framework strategy for the Water
Department based on the baseline established in the current state IT findings. The integration
framework should include methods such as file-based, data and trigQer-based. and Enterprise
Application Integration (EA/) midd|ovvane-booed. The ENGINEER must bn able to determine on
appropriate and cost-effective integration strategy that will support the Water Department for a
period uptn1Oyears;
3.4 Identify and Evaluate Systems Integration Solution Providers — the ENGINEER shall
provide experience-based recommendations und, in conjunction with the key technical members
of the PROGRAM TEAM, research potential Systems Integration solutions that support the
Systems Integration Framework of the Water Department. The ENGINEER will document the
r0000noh nomu|to noting key aspects such as initial cost, life-cycle cost, market reputation and
viobi|ity, aoo/abi|ity' tochnioo/ impact, and administration considerations;
3.5 Develop Coaprehensive Systems Integration Pla — the ENGINEER shall develop a
detai|ed, aoioneb|e, and forward-thinking Systems Integration plan based on the roau8o of the
previous Systems Integration activities and incorporation of successful outcomes from similar
project experiences. The plan must incorporate o phased deployment approach with appropriate
budgetary-level capital cost estimates for each phase and/or major component that align with the
Water Department fiscal calendar. The ENGINEER must include recommendations regarding
integration produoto, current system replacements, and Business Capability benefits at on
enterprise level. In addition. the ENGINEER shall provide details on ,imks, alternatives, and
potential funding approaches for the VVote, Department to take into consideration. The
ENGINEER will work with the PR[}GR/\K8 TEAM toestablish priorities for the activities in the plan
giving full consideration to high-value business needs, capital expenditures and budgets, and
high-value technology needs; and
3.8 Provide Network Architecture and Administration Recommendations — the ENGINEER
shall analyze current network infrastructure and architecture, leveraging outputs of the previous
assessment activity, with primary emphasis on traffic monitoring, network health checko, high
availability (HA). disaster > storage area networks (SAN), nedundenoy, business
oontinuity, and data The ENGINEER shall conduct workshops with the IT
PROGRAM TEAM to identifymios|0n critical business systems and develop reoommendedions,
for incorporation into the Water Department IT Master P|mn, to address HA (software and
hardware options), DR (tools and rnathods), distributed storoge, network bott|enecka, and
business continuity deficiencies. Emphasis will be placed on supporting mission critical systems
and maintaining viability o[the overall network and infrastructure. In addition, the ENGINEER will
provide insights and recommendations that address the administration of network services
related to DR, off-site storage, business resumption facilities, and various network hosting options
applicable 10 the Water Department.
Mm/B Attachment&
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Task 3Deliverables
Task Description Format Frequency
3 Current State IT Assessment TM MS Word Single deliverable
Network Infrastructure Findings and MS Word Single deliverable
Recommendations TM
Systems Integration Plan and MS Word, Visio, MS Single deliverable
Recommendations Report Project
Task 4-GUSImplementation
The role of the ENGINEER, in conjunction with the PROJECT TEAK8, is to hsoi|haLa, coordinaUe,
and menage the implementation of the water and sewer infrastructure G|S over the
implementation period. The ENGINEER will be directly responsible for completing a number of
supporting activities such aa the formal documentation of a repeatable base map assessment
prooeea, facilitating the adoption of map sheet annotation and symbology standard, and the
development of a water and sewer feature maps. The outcomes from these teaks will be
integrated directly into the G|S implementation process.
Task 4a. G/S Base Map Correction Procedure
The ENGINEER, in conjunction with the PROGRAM TEAM, would be responsible for developing
and documenting the Base Map assessment and correction procedures utilized in the G|S
Implementation K0aohar Plan Report. This process would involve the following tasks:
4a.1 Formalizing the Base Map Assessment Procedure—the ENGINEER shall further develop
and document the Base Map assessment process used in theG|S Implementation Master Plan
Report into as\op-by-stop procedure that can bm formally implemented within the Department of
Engineering (DOE) workflow process to identify those base maps that require corrective action;
4a.2 —ihe
ENG|NEER, in conjunction with the PROGRAM TEAM, shall integrate the atep-by-otep Base
Map Assessment Procedure within the DOE workflow process; and
4o.3 Train — the ENGINEER shall develop and conduct a formal training program for use
of the step-by-step procedure by all DOE Staff directly involved in the G|S implementation
process.
Task 4a Deliverables,
Task Description Format Frequency
4a Base Map Correction Procedure MS Word, Visio Single deliverable
Correction Procedure Training Notes MS Word Single deliverable
Correction Procedure Training Session MS Word, MS Single deliverable
PowerPoint
Task 4b. Creation of G@; Water and Sewer Layers
The ENG|NEER, in conjunction with the PROGRAM TEAM, would be responsible for managing
the implementation of the water and sewer infrastructure GiS. The p/o nagenmoMt issues
relating to the G|S implementation process are covered under Task Y 4 of this scope of
work, The technical issues relating %othe G|@ implementation process are covered under this
section of the scope of work and would involve the following tasks:
4b,1 IdentiMno and Documenting the Water Departments klaoPina Reauirements — the
ENGINEER shall, in conjunction with the PROGRAM TEAM, arrange and facilitate a series of
workshops (i.e. two workshops) and meetings to identify and document the hard copy mapping
MWD Attachment/\
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requirements, Requirements will be defined for both the operations and planning functions within
the Water Department. These requirements will be formally documented in alechnical
Memorandum;
4b2 Hard Copy Mapping Pilot Stud — the ENGINEER, in conjunction with the PROGRAM
TEAM, shall initiate a pilot study to identify and test various hard copy map layouts that satisfy the
requirements developed in Task 4b.1. A series of workshops (|.e. two workshops) and meetings
(i.e. up to three meetings) will be arranged and facilitated to review and formally adopt the
individual hard copy mapping layouts;
4b3 Implementation of the Hard Oppy Mappinq Requirements into the DOE Workflow Process
— the ENGINEER shall provide the necessary management and technical advice to the
PROGRAM TEAM for implementing the forma/ mapping requirements into the DOE workflow
process;
4b.4 Full Scale Implementation of the Water and Sewer GIS— TheENG|NEERahaUpmvide
the necessary technical advice and assistance to the PROGRAM TEAM to ensure that the
Program ia completed within the WATER IT PROGRAM Phase 1 implementation period. The
technical assistance will include providing input into solving any technical issues relating to the
capture offield data using GP8 technology and the resolution of any technical issues relating to
the individual steps that comprise the DOE workflow process; and
4b.5 The ENGINEER, in conjunction with the PROGRAM TEAM, shall
develop the necessary workflow processes to support the development and implementation of a
long-term G|S data maintenance process. The review would identify any additional ao8wena
applications that need to be developed to support the data maintenance process. The
development of any software specifications and software applications associated with this task
would be carried out aaa supplemental service ao described under Task 7.
Task 4b Deliverables
Task Description Format Frequency
4b.1/4b.3 Hard Copy Water and Sewer Mapping MS Word Single deliverable
Requirements TM
4b.2 Hard Copy Water and Sewer Maps Drawing Sheets Single deliverable
Layouts
4b.4 Technical Advice TM's MS Word As Required
4b.5 GIS Data Maintenance TM and MS Word, Single deliverable
Workflows CASEWISE
Task 4c. GIS Map Sheet Annotation and Symbology Standard
The ENGINEER, in conjunction with the PROGRAM TEAyW, would be responsible for formalizing
the map sheet annotation and symbology standard tn be adopted within the Water Department,
This process would involve the following tasks:
4c.1 Develop the Terms of Reference — thm ENG|NEER, in conjunction with the PROGRAM
TEAM, shall develop the terms of reference for formalizing the preliminary map sheet annotation
and symbology standard developed byDOE;
4o.2 otation and SlImbol—, C+44
— the ENGINEER shall, in conjunction with the PROGRAM TEAK8, arrange and facilitate a
workshop and meetings (i.e. two meetings) to formally review the preliminary map sheet
annotation and symbology standards developed by DOE. The ENGINEER sha||, in conjunction
with the PROGRAM TEAM, identify any changes to the preliminary map sheet annotation and
symbology standard that need LVbemade to satisfy the Water Departments long term needs; and
4c.3 Formaliv Document the MaD Sheet Annotation and Svmboloav Standard — the
ENGINEER, in conjunction with the PROGRAM TEAk4, shall formally document the rnop sheet
annotation and symbology requirements for the water and sewer infrastructure G|S,
Mu/8 Attachment A
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Task 4nDefiverables
14C Map Sheet Annotation and Sym STinIe!d!eI!ive!r!ab!1e!1
Task 5- Maintenance Management System
The ENG|NEER, in conjunction with the PROGRAM TEAM, would be responsible for evaluating
the enterprise MMS needs and requin*nnente, procurement of the MK8S and C8K4 oVfbwan*'
procurement of the K4YWS and CSM implementation vendora, and the contract and project
management of the implementation of the MM8 and CSK4 platforms. This process would involve
the following tasks:
5.1 IdentifVing and Documenting the Enterprise MMS Needs and Requirements — the
ENGINEER shall, in conjunction with the PROGRAM TEAM, arrange and facilitate a series of
workshops (i.e. two workshops) and meetings (i.e. three meetings) to identify and document the
enterprise K8K8S needs and requirements. These requirements will be formally documented in a
Technical Memorandum;
.
5.2 Comparing the Enterprise MMS Needs and Requirements with the Preferred Water
Department MMS Software Solution —the ENGINEER mhaU, in conjunction with the PROGRAM
TEAM, compare the enterprise needs and requirements with the functionality and capability of the
adopted Water Department K8K8S software solution. The ENGINEER shall identify if the adopted
MMS software solution will support the broader enterprise requirements;
5.3 Review the Preferred Call Center Software Solution — the ENGINEER shall, in
conjunction with the PROGRAM TEAK8, identify the enterprise needs and requirements for the
call omnbar software solution.. The ENGINEER shall identify the most appropriate call center
software solution;
.
5.4 Review of the MMS and CSM Implementation Vendors — the ENGINEER shall, in
conjunction with the PROGRAM TEAM, identify suitably accredited MMS implementation
vendors. The ENGINEER shall identify the MBEMBE compliance goals for the MMS project and
assist the MMS and CSM software implementation vendors in meeting their assigned MBE/WBE
compliance goals;
5.5 Procurement of the MMS Software — the ENGINEER aheU, in conjunction with the
PROGRAM TEAM, procure the W1K88snfhwane licenses from the selected vendor and provide
these to the Water Departments IT Program Manager within five working days following receipt of
all software. The base price incorporated within the fee estimate for the MK8S software is based
on discounted list pricing provided to the Water Department onJuly 16m' 2002 by recognized
MMS software vendor for up to 50 users. The price would be subject to any subsequent price
variation based on the selected software vendor. All software obtained under this contract will be
licensed directly tu the City of Fort Worth;
5�6 Procurement of the Call Center Software —the ENGINEER shoU, in conjunction with the
PROGRAM TEAM, procure the CSM m*U center software licenses from the selected vendor and
provide these Lo the Water Departments IT Program Manager within five working days following
receipt ofall software. The base price incorporated within the fee estimate for the CSyW eofbvana
is based on discounted list pricing provided Lm the Water Department on July 17m, 2002 by
recognized CSK4 software vendor for up to 60 users. The price would be subject to any
subsequent prioe variation based on the selected software vendor,
5.7 Contract Management of CSM and MMS Implementation — the ENGINEER, in
conjunction with the PROGRAM TEAK8, shall complete the following documentation for the
selected |rnp|ernentot|un vendor identify the required K8BE/VVBE compliance goals, prepare the
contract scope of work, prepare the contract terms and cond|Uona, carry out and complete
negotiations with each vendor, prepare and execute the contract papgrwork, and submit all
necessary paperwork bn the City Minority Business Office and the Water Department;
5.8 the ENGINEER, inconjunction
BJWB Attachment A
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with the PROGRAM TEAM, shall manage all the necessary project management activities
associated with, and developed by, the implementation vendor necessary k)deliver the MK4Sand
CSK8 implementation. This would include: program schedule including critical path ona|ysia,
resource emhedu|e, project budget schedu|e. MBE/VVBE compliance achedu/e. U/VOC p|an,
project communication p|on, regular project meetings with each software implementation team,
monthly reporting against mi|estonea, development of corrective action p|anm, payment of
vendors, etc. The bane price incorporated within the fee eedrnatm for the MMS implementation
ENGINEER is based on pricing provided to the Water Department on September 51h . 2002bya
recognized MK88 implementer. The base price incorporated within the fee estimate for the CSK4
implementation ENGINEER is based on and the pricing provided 10 the Water Department on
September 5m by a recognized CSM implementer. These prices would be subject to any
subsequent price variation based on the selected WYK4S and CSM implementation Urma, the
agreed upon recommendations from Task 3, and any agreed adjustments tothe scope of work;
and
5.8 The ENG|NEER, in conjunction with the PROGRAM TEAM,
shall develop the necessary workflow processes to support the development and implementation
of a long-term MMS data maintenance process. The review would identify any additional software
applications that need to be developed to support the data maintenance process. The
development of any software specifications and software applications associated with this task
would bo carried out aoa supplemental service ou described under Task 7.
Task 5 Deliverables
Task Description Format Frequency
5.1 Enterprise MMS Needs and MS Word Single deliverable
Requirements TM MS Word
5.2 Enterprise MMS Software Review TM MS Word Single deliverable
5.3 CSM Review TM MS Word Single deliverable
5.4 MMS/CSM Vendor TM up to 50 Copies of MMS Single deliverable
5.5 MMS Software Procurement Software/Adapters, etc, Single deliverable
and Signed License
Agreements
56 CSM Software Procurement up to 50 Copies of CSM Single deliverable
Software/Adapters, etc,
and Signed License
Agreements
5.7 MMS/CSM Implementation Contracts MS Word Single deliverable
5.8 MMS.CSM Program Management MS Word, MS Excel Monthly reports
Reporting and MMS/CSM Systems
Implementation
5.9 MMS Data Maintenance TM and MS Word, CASEWISE Single deliverable
Task 6—Capital Improvement Planning (C|P)System
The ENGINEER, in conjunction with the PROGRAM TEAh4, would be responsible for identifying
and documenting the enterprise requirements for the C|P 8o/uiion, reviewing available C|P
software products and short/hmt|nQ appropriate C|Pvendors based onthe enterprise requirements,
arranging formal presentations of the mhurtUsted C|P vendors to appropriate staff within the City,
and recommend to the City the most appropriate C|P solution. This process would involve the
following tasks:
&0YY8 Attachment A
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6.1 IdentilVing and Documenting the Enterprise CIP Needs and Requirements the
ENGINEER shall, in conjunction with the PROGRAM TEAM, arrange and facilitate eseries of
workshops (Le, two workshops) and meetings (i,e, up to five meetings) to identify and document
the enterprise needs and requirements for the CIP software solution. These requirements will be
formally documented in oTeohnioa| Memorandum that will form the basis for selecting the most
appropriately qualified C|P software vendor;
6.2 Identifying and Documenting City CIP Related Business Processes — the ENGINEER
shall, in conjunction with the PROGRAM TEAM, identify the major City business processes that
the C|P software will need tonuppnrt both in the eho�and long term. These business oapabi|ide*
�
will dwounnentedusing {|ASEVV|SE fandvviU. in conjunction with the Needs and Requirements
Technical Memorandum,form the basis for final selection of the appropriate software solution;
6.3 — the ENGINEER ahaU, in
conjunction with the PROGRAM TEAM, identify suitable C|P software vendors, obtain
documentation and demonstration versions of this software (if available), review the software
functionality and capability against the business capabilities that it will need to support and the
enterprise needs and requirements documented in Technical K8emorandurn, interview software
product vendors where apprupriate, and develop aahurt|imtofthe most suitable C|Psoftware
products for further review and evaluation;
6.4 Presentation of Shortlisted CIP Software Products to City Evaluation Panel — the
ENGINEER, in conjunction with the PROGRAM TEAM' shall develop the software vendor
evaluation criteria using the enterprise needs and requirements documented in Technical
Memorandum, arrange for the shortlisted CIP software vendors to present their product to an City
evaluation panel, and identify the most appropriate C|P software vendor and o uhort|ist of
qualified software implementation firms;
6.5 Develop a CIP Implementation Business Case —the ENGINEER, in conjunction with the
PROGRAM TEAM, shall develop a business oouo that supports the implementation of the
selected C|P software within the City. The business case will identify the implementation costs
(i.e. capital and maintenance product lifecycle costs) and the benefits derived over a twenty year
analysis period. The financial metrics calculated for the CIP project will include benefit cost ratio,
payback period, and return on investment; and
6.6 the ENG|NEER, in conjunction with the
PROGRAM TEAM, shall prepare aC|P Implementation Plan that incorporates all outcomes from
Tasks 6.1 through G.5 together the implementation strategy including project activity and resource
identification and scheduling and budgetary requirements.
Task GDeliverables
Task Description Format Frequency
6.1 Enterprise CIP Needs and MS Word Single deliverable
Requirements TM
6.2 Enterprise CIP Business Process TM MS Word Single deliverable
6.3 Software Functionality and Capability MS Word Single deliverable
TM, Shortlist of CIP Vendors
6A CIP Software Selection TM I MS Word Single deliverable
6.5 CIP Business Case Model MS Word, MS Single deliverable
Excel
6.6 CIP implementation Plan and I MS Word, MS Single deliverable
Recommenda
Task 7—Additional Services
KAVVH will provide the following additional services to the Water Department upon request, These
additional services maybe authorized by the Water Department up to the amount budgeted for
Task 7, Any additional services beyond the budgeted amount or that would extend the project
duration will be performed through Amendments to the Agreement,
M\YB Attachment A
71 Application Software Design, Development and Deployment — the ENGINEER can
provide additional staff resources to develop functiona| ooMwammpecificaioms. technical software
specifications and to develop, test, and deploy any additional software applications (source code)
|n support of the water and sewer infrastructure G|Simplementation;
7.2 GIS Data Entry and Data Validation —the ENGINEER can provide the staff resources to
enter the water and sewer asset data into either the AroV|ew v3.n and Ano8/S environments in
support ofthe water and sewer infrautrurdun*G|S implementation;
7.3 Implementation and Integration of Software Platforms — the ENGINEER can provide
additional staff resources to review and evaluate software platforms, liaison with software
vendona, develop information technology architecture p/ans, implement software platforms
including data oo||eoion, data entry, and data validation, and implement the integration of
software platforms inc|uding, but not limited to. K8;WS. H20Net. Hydro Works, Lab VVorke, HTE
Customer Billing system, etc with the water and sewer infrastructure G|S;
7.4 Outsourcing the Water and Sewer Infrastructure GIS to MWH-- the ENGINEER can
provide additional program management and technical staff resources to design, document, and
implement the water and sewer infrastructure G|S under a separate external G/S program
contract;
7.5 - the
ENGINEER can provide additional program management and technical staff resources towrite
and prepare the RFO documents suitable for advertising the water and sewer infrastructure G|S
under a separate external G|S program contract. The ENGINEER can also provide staff
resources 0o assist the Water Department throughout the RF[} evaluation periud, award of the
G/G oontneot, and client management of the G|G program contract on behalf of the Water
Department; and
7.6 Additional Consulting Services - the ENGINEER, if authorized by the Water Department
can provide the following general basic services, software and equipment pnocuremen1s, and
general engineering sites works:
La Additional consulting aen/ioea relating tothe aaneoamant, p|anninQ, design. implementation,
|nb*godion, and deployment of software systems and software applications;
Li Additional GIS software licenses and associated middleware, adapters, etc;
La Additional MMS software licenses and associated middleware, adapters, etc;
zi Additional CSIVI software licenses and associated middleware, adapters, etc;
Li Additional CIP software licenses and associated middleware, adapters, etc;
Li Price escalation ofK1K4S, CMS, and C|P software licenses;
Li Content management software and associated midd|eware. adapters, etc;
Li Learning management software and associated midd|mwun*. adapters, etc;
Li Voice and data recording systems;
Li Voice-over /P telephony systems;
Li Mu/ti media systems and associated midd|evvan*, adapters, etc;
Li Miscellaneous software licenses in support ofthe project management and G|S/yWyWS/CSK8
activities such aa Project Server 2OOO. etc;
O
Document scanning services; and
O G|S' yWMS.CSK8. and C|P software training.
0 Hosting Services Prmvide
MWBAttachment A
'
. �
Aftachment B
Compensation for Professional Services
Compensation for the Professional Services will be made aofollows:
A. Basic Services
Compensation for the Basic Services as described in Tasks 1 through 7 of Attachment A
oheU be on the basis of a Cost Plus m Fixed Fee (CPFF) for an amount not to exceed
$2.802.743 as follows:
1. Salary Costs
Salary costs are the amount of vvegma or salaries paid to the EN8|NEER'a employees for
work directly performed on a Project plus a percentage applied to all such wages or
salaries to cover fringe benefits and plus a percentage to cover general and
administrative costs.
Salary cost shall be defined as an amount booed upon the actual direct salaries plus a
factor of1.79 times the actual direct salary Lo cover direct employee benefits and general
administrative overhead. "Actual Direct Salaries " shall be defined ma the actual wages
paid tothe project manager, planner, surveyors, engineers, drafters, technicians, other
pnofeanionm|s, o|erke, e0o., for the time directly chargeable to the project. The direct
employee benefits and general and administrative rate is adjusted annually and fiscal
year for the following twelve-month period. The CITY has the right to audit the adjusted
rate.
/& the execution of this contract the base hourly salary costs for nominated project staff
for this project are aafollows:
MWH Staff Member Base Salary Rate($/hr
Geoff Price $57.84
SteveCheaterman $48.18
Brian Williams $42.00
Brian Birk S56.49
TanyaK8irm $17.10
2� Subcontract Costs
Subcontract costs are the costs paid by the ENGINEER 10 other independent engineers
performing a portion Af the pnojeot(s) plus mpercentage of1O%to cover the ENG|NEER'm
liability insurance costs and other indirect business expenses,
3, Direct Expenses
Direct Expenses are those costs incurred on or directly for the Project including, but not
limited to, necessary transportation costs. including current rates for the ENGINEER's
vehicles, meals and lodging, relocation expenses cf certain key individuals who will move
to Fort Worth for this Project, temporary living expenses of individuals assigned to the
Project from outside the Fort Worth Area. laboratory tests and ana|ym/m, computer
sen/ices, word processing son/ices, te|ephone, associated project cost's (APQ. printing,
MWB Attachment B
. .
binding, and reproduction charges, md other similar costs. Reimbursement for Direct
Expenses will beon the basis of actual charges times a multiplier of1.1O.
4� Fixed Fee
The CITY agrees Um pay the ENGINEER u Fixed Fee of 3291'485 over and above the
ENG|NEER'e costs described above to provide for ENG|NEER'e proht, return-on-
investment and other business considerations ns|eded to performing the project(s) on
behalf of the CITY. This Agreement establishes the amount of Fixed Fee for the scope of
services for this project(s) and may not be increased or decreased except by manual
written consent Vf both parties in the form ofa contract amendment.
5 Budgetary Amount
A budgeting amount for Basic Services set forth in Attachment is hereby estimated
below. It is also understood that the cost budgets are based upon ENG|NEER'a best
estimate of work and level of effort required for the proposed scope of services. As the
Project progresses, it is possible that the level of effort and /or scope may differ upor
down from that assumed. |f there are no scope changes, the ENGINEER shall receive
the full amount of the fixed fee, regardless of the cost. If at any time it appears that the
cost budget may be exceeded, and the ENGINEER shall notify the CITY as soon as
possible inwriting.
Basic Professional Services Cost Budget Fixed Fee Total Budget
|T Program Management Services $2.511.258 $291.485 $2.802.743
B. Audit and Scope change
If there is aonope change. the ENGINEER shall notify the CITY as soon as possible in
writing and shall include a revised scope of services, estimated cost, fixed fee, and a revised
time ofcompletion. Upon negotiations and agreement via asigned amendment by both
parties, the cost budget,fixed fee, and total budget will be adjusted accordingly.
PAYMENT
Payments 0o the ENGINEER will ba made aafollows:
A. Invoice and Time ofPayment
The ENGINEER will issue monthly invoices for all work performed under this
Agreement. Invoices are payable within 30 days of receipt. Invoices will be
prepared in aformet and approved by the CITY prior to submission of the first
monthly invoice. Once approved, the CITY agrees not to require changes |nthe
invoice format, but reserves the right to audit. The invoice will also include the
amount of Fixed Fee to be paid. Fixed Fee will be om|ou|atad in the same
proportion that cost incurred |sto cost budget.
Upon completion Of services enumerated |n Attachment A, the final payment of
any balance will be due upon receipt of the final invoice.
MWB/4oachment B
2'I
B. Interest
Interest at the rate of1.O percent per month, m that permitted bylaw if lesser, will
be charged on all past-due amounts starting 30daye after date of invoice.
Payments will first be credited of interest and then tuprincipal.
|n the event ofa dispute ofcontested billing, only that portion so contested will be
withheld from payment, and the undisputed portion will be paid. The CITY will
exercise reasonableness in contesting any bill or portion of the billing until
mutually resolved.
If the CITY fails to make payment in full to the ENGINEER for services within GO
days of the amount due, the ENGINEER may. after giving 7 days' written notice
to the C|TY, suspend aon/icea under this Agreement until paid in fu||, including
interest.
In the event ofsuspension of services, the ENGINEER shall have no liability to
CITY for delays or damages caused by the CITY because of such suspension of
Services.
&XW8A.oauhmmot B
3'3
Attachment C
Task Budgets
The following are the budget allocations for each of the tasks as defined in Attachment A - Scope
of Services. These budget allocations represent the ENGINEER'S estimate for each task.
Transfers between task allocations must be authorized by the CITY after notification by
ENGINEER before transfer can occur, providing transfers do not change the Total Budget
amount. Changes to the Total Budget will be performed through amendments to the Agreement.
Task# Task Title Cost Budget Allocation
1 IT Program Management $358,994
2 Water and Sewer Asset Data Model $99,560
3 Systems Integration Plan Development $149,986
4 GIS Implementation $162,414
5 Maintenance Management System $1,727,399 �
6 Capital Improvement Planning (CIP) System $73,919
7 Additional Services $230,475
Total Budget $2,802,743
`1WH attachment C
1-1
. .
Attachment D
Task Deliverables
The following are the deliverables for each of the separate tasks as defined in Attachment A —
SoopmofGen/icgx. The final timings for the task deliverables will be based on the agreed Water
IT Program Schedule developed under Attachment A- Scope of Services, Task 1 a.1. Changes to
the scheduled timing for the task deliverables can be authorized after notification by the Engineer
to the City, providing the revised timings do not change the total pro/eotduradion.
The nominated timing for the task deliverables have been based on the ENGINEER receiving
NohcetoProoeed (NTP) bythe10m{}ctober' 2003. TheENG|NEERhamaaaumedtha1aUwritten
documents will be submitted in draft fnrmat, on allowance of a two weeks for review and
comments by the PROGRAM TEAM, with final documents tobo submitted within two weeks after
receipt of all comments from the PROGRAM TEAM.
TASK 1 —PROGRAM MANAGEMENT
Task laDeliverables
1a.1 Master Program Schedule Plan November, 2003
1a.2 Master Program Resource Plan November, 2003
1e.3 Master Program Budget Plan November, 2003
1a.4 Master Program Communication Plan November, 2003
1m.5 Master Program yNVVBE Reporting Guidelines November, 2003
1a.6 Master Program Risk/Issues Guidelines December, 2003
1o7 Meeting Minutes As Required
Task YbDe8veombhas
1b3 W1BE/N/BE Compliance Plan January, 2004
1bA MBE/VVBEComp|imnoe Plan Updates Six Monthly
Reports
Task YcDeliverables
1o.1 QA/QC Compliance Plan January, 2004
1c.2 OA/QCCompUanoe Plan Implementation Updates Six Monthly
Reports
Task ld[efixeuablem
1d.1 Monthly Program Reporting and Meetings Monthly Reports,
(updates of all items in Tasks 1a. 1b. and 1c.) October, 2005
1d2 Program Senior Staff Meetings As Required
1d-3 Program Executive Committee Meetings Quarterly
1d.4 Reports
G|S Program Review Report Six Monthly
Reports
TASK 2—WATER AND SEWER ASSET DATA MODEL
Task 2Ielivemables
2 Water and Sewer Asset Data Model Report May, 2004
Logical Data Model May, 2004
Data Dictionary May, 2004
MWB Attachment D
~
TASK 3—SYSTEMS INTEGRATION PLAN DEVELOPMENT
Task 30e0pemables
3 Current State [T Assessment TK4 February, 2004
Network Infrastructure Findings and Recommendations TK8 March, 2004
Systems Integration Plan and Recommendations Report May, 2004
Task 4aDeliverables
4a Base Map Correction Procedure February, 2004
Correction Procedure Training Notes February, 2004
Correction Procedure Training Session February, 2004
Task 4b Deliverables
4b.1/4b.3 Hard Copy Water and Sewer Mapping Requirements T&1 January, 2004
4b.2 Hard Copy Water and Sewer Maps Layouts January, 2004
4b.4 Technical Advice TM's As Required,
4b.5 G|S Data Maintenance TM and Workflows June. 2004
TASK 5—MAINTENANCE MANAGEMENT SYSTEM
Task De8verabAms
5.1 Enterprise yWPWB Needs and Requirements TK8 February, 2004
5.2 Enterprise W1MS Software Review TyW February, 2004
5.3 CSK8 Review TK4 January, 2004
5.4 K4MS/CSK4 Vendor TK4 December, 2003
5.5 K8K8S Software Procurement December, 2003
5.6 {|SK8 Software Procurement December, 2003
5.7 K8K8S/CSK8 Implementation Contracts December, 2003
5.8 yWMS/CSK8PK4 Reporting and Systems Implementation December, 2004
5.9 N1K8S Data Maintenance TK8 and Workflows September, 2004
TASK 6—CAPITAL IMPROVEMENT PLANNING (CIP) SYSTEM
Task SDeliverables
6.1 Enterprise C|P Needs and Requirements TK4 June. 2004
6.2 Enterprise C|P Business Process TK8 June, 2004
6.3 Software Functionality and Capability TKXand July, 2004
Short|ietofC|PVendors
GA CIPSVftware Selection TM August, 2004
8,5 CIP Business Case Model September, 2004
8�6 C|P Implementation Plan and Recommendations Report October, 2004
MWQ Attachment D
2'2
Attachment E
Software Waiver
Additional Terms
A. Liability and Consequential Damages
ENGINEER 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
MISCONDUCT OF ENGINEER, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
ENGINEER COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS
AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO ENGINEER'S BUSINESS AND ANY RESULTING
LOST PROFITS) AND/OR 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 ACTS OR OMISSIONS OR MALFEASANCE OF ENGINEER, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES IN THE PERFORMANCE OF THIS AGREEMENT.
IN NO EVENT SHALL ENGINEER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST PROFITS
OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED
UNDER THIS AGREEMENT IN RELATION TO THE WATER INFORMATION TECHNOLOGY
PROGRAM, PHASE 1 IN EXCESS OF $200,000, EVEN IF ENGINEER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
B. Software
Without limitation on ENGINEER's responsibility for the performance of Task 6 in Attachment A in
accordance with the standard of care in the industry, the ENGINEER, as part of the services, may furnish,
recommend, or identify to CITY certain third party software. The CITY recognizes that third party software
provided by ENGINEER may be subject to a separate license agreement and/or registration requirements
with limitations on copying and use and the CITY agrees to be bound by the terms of any third party license
agreement accompanying such third party software. For all software purchased by the ENGINEER for use by
the CITY in the proposed services, the ENGINEER will notify the software manufacturer of its intent for use
by the CITY.
AS ENGINEER IS NOT THE AUTHOR, MANUFACTURER, OR DEVELOPER OF SUCH SOFTWARE,
ENGINEER DOES MAKE ANY GUARANTEE OR REPRESENTATION CONCERNING SUCH THIRD
PARTY SOFTWARE, AND SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING
THE THIRD PARTY SOFTWARE, HARDWARE, OR INTEGRATION SERVICES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. ENGINEER NOES NOT REPRESENT OR WARRANT
THAT SUCH THIRD PARTY SOFTWARE, OR ASSOCIATED DOCUMENTATION IS ERROR FREE, OR
THAT ITS USE WILL BE UNINTERRUPTED. ENGINEER DOES NOT WARRANT THE USE, OR THE
RESULTS OF THE USE, OF THE THIRD PARTY SOFTWARE, OR ASSOCIATED DOCUMENTATION,
IN TERMS OF SUITABILITY, ACCURACY, RELIABILITY, CORRECTNESS„ OR OTHERWISE.
MW I Attachment
f_a
~ ~
Further, the ENGINEER does not represent or warrant the ability of any software to provide the
necessary security to prevent third parties from uoing, or gaining aooeuo to. the QTY'e premises,
facilities, nekxorke, or other systems. ENGINEER specifically diac|a|nna all liability for any damages
arising from or relating to a computer virus, worm, disruption of service attack, destruction of property, or
personal injury attributable, in whole or in part, to any third party.
MWH Attachment E
2-2
City of Fort Worth, Texas
"ngor and Council[ Communication
DATE REFERENCE NUMBER �LOOG NAME PAGE
E
8/12/03 C-'19708 � 60�WIT � 1 o�f2
SUBJECT ENGINEERING AGREEMENT WITH MWH AMERICAS, INC. TO ASSIST IN THE
IMPLEMENTATION OF THE WATER INFORMATION TECHNOLOGY PROGRAM,
PHASE I
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering
agreement with MWH Americas, Inc. to assist in the implementation of the Water Information
Technology (WIT) Program for an amount not to exceed $2,802,743.
DISCUSSION:
The WIT Program has been developed to provide additional support to the current business planning
and asset maintenance functions within the Water Department through the deployment of a series of
strategic information technology systems. This business planning and asset maintenance process can
be made more efficient through the creation and use of these information technology systems. Water
Department staff will be able to proactively manage the creation, maintenance, rehabilitation, and
retirement of assets over their life cycle based on historical data stored in a series of integrated
information systems.
Use of information technology tools will give the Water Department the means to operate more
efficiently by linking the level of service provided to its customers with the costs incurred in providing the
service.
Under this agreement, MWH Americas, Inc. will provide the following services,
• Assist City Staff with technical expertise in the Geographic Information System (GIS) deployment, to
include improvements to the City's base maps and creation of an electronic database that holds all
water and sewer asset data oriented to the base maps for use by all city departments. The system
will also provide the infrastructure information for interfacing with other IT systems and meeting
departmental reporting needs; and
• Maintenance Management System (MMS) deployment, to create a system for using inventoried
data from the GIS to proactively schedule maintenance activities for the water and sewer assets, to
improve the Water Department's efficiency and responsiveness in performing maintenance
activities, to improve the competitiveness of the division in order to improve upon costs and budget
requirements., to provide more readily available reporting functions for immediate response to
customers, management and City Council requests; and
• Capital Improvement Project (CIP) tracking system recommendations on consultation with staff to I
effectively facilitate and instantly communicate agency recommended CIP budget
recommendations, to provide real-time decision-making support in monitoring and controlling
projects, to eliminate the multiple sources of input into the CIP process and consolidate on one
central database.
City of Fort Worth, Texas
"ayor clod cou"Cit commu"ication
DATE REFERENCE NUMBER LOG NAME PAGE
8/12/03 C-1970$ 1 60WIT 2 of 2
SUBJECT ENGINEERING AGREEMENT WITH MWH AMERICAS, INC. TO ASSIST IN THE
IMPLEMENTATION OF THE WATER INFORMATION TECHNOLOGY PROGRAM,
PHASE
It is anticipated that additional technology needs may be required as a part of this program, as the
department works to fulfill its obligations under pending Environmental Protection Agency regulations
that require systematic capacity, management, and operations of the sewer system to better reduce
potential for wet weather outflows. Following the implementation of the WIT Program, staff will evaluate
the need for additional phases.
A financial analysis of the results for implementing this program conducted by the department
concluded that the costs of implementing the program would be recovered in operation and efficiency
savings in approximately five years from the date that the program is initiated.
M/WBE - MWH Americas, Inc. is in compliance with the City's M/WBE Office by committing to 22%
MNVBE participation. The City's goal on this project is 22%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of
the Water and Sewer Capital Project Funds.
MO:r
I
4
4
Submitted for City Manager's ? FUND F ACCOUNT CENTER AMOUNT CITY SECRETARY
Office bv: {��
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Marc Ott 8476
{Jriginatin Department Hears: 4
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Macbell Brown 8207 (from) { APPROVED 08/12/03
[ F 1 2 j 312Qt1 016(1 2151 3 € $1,401,371 M
Additional Information Contact, P171 531200 070172131010 $1,401,371.50 I
Maebell Brow 82,'