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HomeMy WebLinkAboutContract 57788-A1First Amendment to Fort Worth City Secretary Contract No. 57788 Page 1 of 3 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT 57788 This Amendment No. 1 to City of Fort Worth Contract 57788 (“Amendment”) is entered into by and between the City of Fort Worth ("City"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and e-Builder, Inc. (“Vendor”), City and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS, on June 30, 2022, the Parties entered into City Secretary Contract 57788 to provide a Project Management Information System with Implementation and subscription services (“Agreement”); and WHEREAS, the Parties wish to amend the Agreement to increase Managed Services for Year 2 by $90,000.00 for a total of $220,000.00, and adding a provision for early renewal for the City Secretary Contract. NOW, THEREFORE, the Parties, acting herein by and through their duly authorized representatives, enter into the following agreement: 1.The Agreement is hereby amended by adding Exhibit A-1, attached hereto, to increase Year 2 by $90,000.00 for a total Year 2 amount of $220,000.00. As may be necessary and as determined by the City in its sole discretion, City may issue payment to Vendor for this City Secretary Contract up to 30 days prior to its effective date. 2.All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3.This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. First Amendment to Fort Worth City Secretary Contract No. 57788 Page 2 of 3 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: ___________________________ Name: Valerie Washington Title: Assistant City Manager Date: ___________________________ APPROVAL RECOMMENDED: By: ______________________________ Name: Kevin Gunn Title: Director, IT Solutions Department ATTEST: By: ______________________________ Name: Jannette Goodall Title: City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: ______________________________ Name: Steven Vandever Title: Sr. IT Solutions Manager APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0517 Approved: 06/28/2022 1295: 2022-851617 VENDOR: eBuilder, Inc. By: Name: Title: Date: ____________________________ ATTEST: By: Name: Title: ORDER FORM Order Date:Date of the last signature below Trimble Entity Name (“Trimble”) and Address: e-Builder Inc. a Trimble company 13450 West Sunrise Blvd Suite 600, Sunrise, FL Customer Entity Name (“Customer”) and Address: City of Fort Worth Billing Contact Name and e- mail Address: Is a Purchase Order Required? Yes or No Purchase orders issued by Customer are issued for administrative purposes only; terms and conditions contained in any such purchase order shall be null and void. Is Customer Tax Exempt?Yes or No Initial Term:10/1/2023 – 9/30/2024 Validity This Order Form shall expire on 10/31/2023 (the “Validity Date”). If this Order Form is not executed by the Customer by the Validity Date, Trimble reserves the right to not offer the pricing found in the Order Form. Miscellaneous The Customer has elected to exercise their option to convert their Year 2, 50% Resource to a full time 100% Resource for an additional $90,000.00 per year per the Contingency Fund Section found on the MSA and Order Form that was executed on 6/30/2022 Total Annual Managed Services: Description Price Managed Services – Year 2 $220,000.00* *The Year 2 fee was $130,000.00 for a 50% Resource but the Customer has elected to convert this to a 100% Resource at a total cost of $220,000.00 for the Initial Term of this Order Form. Remaining Contingency Fund Description Price Additional Full Time Managed Services Resource $220,000.00 Miscellaneous Expenses $100,00.00 Total Remaining Contingency $320,000.00 Addendums: 1. Statement of Work TERMS AND CONDITIONS 1. Terms and Conditions. This Quotation is subject to the Master Services Agreement between Trimble and the Customer, dated 6/14/2022 (“Agreement”). 2. AUTOMATIC RENEWALS. This Order will automatically renew for subsequent 12 month term(s) at then-current pricing, unless either party provides the other with notice of cancellation at least 30 days prior to the expiration of the then-current term. 3. Payment Terms. All fees are due NET 30 from the date of the Trimble invoice. Managed Services:25% due quarterly in advance. The first 25% payment is due upon the execution of this Order Form Travel: Travel is not expected for the scope of work described in the SOW. Thus, all work will be done by Trimble remotely. If Customer requires that Trimble travel, a separate Order Form will be executed to reflect the updated scope and pricing. 4. Annual Price Increase. At each renewal, Trimble has a right to increase the annual fees by the greater of (a) CPI plus two percent (2%) or (b) five percent (5%). "CPI" shall mean for all Urban Consumers, the U.S. City Average, for all items, 1982-84=100 (the “CPI-U”), as published by the Bureau of Labor Statistics, U.S. Department of Labor, and shall be for the prior twelve months as of the date the calculation is made. 5. Electronic Invoices. Customer hereby consents to the receipt of invoices electronically at the indicated e-mail address(es) and accepts such invoices as if received by mail. Customer's e-mail address may be changed by written notice given by Customer to Trimble at: customer_master@trimble.com. Customer is responsible for maintaining a current e-mail address and shall under no circumstances be excused from payment of applicable charges by its failure to access its designated e-mail address. 6. Due Authority. By signing below, the signatory represents that he/she (i) is an authorized representative of Customer and (ii) has the authority to legally and functionally commit the Customer. [Signature Page to Follow] ACCEPTANCE Accepted and agreed: CUSTOMER: Signature: Print Name: Title: Date: TRIMBLE: Signature: Print Name: Title: Date: Addendum #1 Statement of Work This Statement of Work (“SOW”) describes the professional services that Customer has engaged Trimble (collectively “Parties’’) to perform on behalf of Customer. This SOW is integrated into a quote that incorporates the terms and conditions governed by the Parties (the “Agreement”). In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of the Agreement shall govern, unless the SOW expressly identifies the term of the Agreement to be modified. This SOW may not be modified or amended except in writing signed by a duly authorized representative of each Party. 1 Managed Services The Customer will renew one Full Time Resource (the “Trimble Managed Services Resource”). The Trimble Managed Services Resource to be assigned to perform Professional Services tasks which include: e-Builder Enterprise administration Creation of new user accounts Setting up permissions New process Rollouts Setting up Reports e-Builder Enterprise Training and Education Creating and maintaining training materials New user basic training Workflow training Administrator training Project Manager Training Assist PM’s with understanding key project status and KPS’s Workflow Process Creation and Improvement Create new processes and revise existing processes Training and support for process rollouts e-Builder Enterprise Software Maintenance Appropriate user testing for new processes and product enhancements Training for new processes and product enhancements General User Support & Troubleshooting Fielding questions from external users Coordinating with e-Builder Technical Support for any defect or product issues Place of Performance: The Trimble Managed Services Resource will perform the above Professional Services tasks Remotely. Schedule: Scheduled time off for the Trimble Managed Services Resource will be requested and approved according to Trimble’s time off process and policies. The Customer will be notified of scheduled time off requests upon approval. Scheduled time off includes paid time off (“PTO”), holidays, and Trimble sponsored employee events. Customer agrees that the fee includes time for scheduled time off. Unscheduled time off for The Trimble Managed Services Resource will be requested and approved according to Trimble’s procedures and policies. The Customer will be informed of unscheduled time off upon approval. Unscheduled time off includes sick leave, medical leave, etc. Disclaimer and Non-solicitation: The Trimble Managed Services Resource does not include any development hours. If custom development is needed to support the Trimble Managed Services Resource, a separate Order Form will be created. Common custom development items include custom reporting and integration. Trimble reserves the right to change the assigned resource and provide a satisfactory replacement. During the Term and for a period of two (2) years thereafter, Customer will not, directly or indirectly, employ, offer employment to, or otherwise retain the services of the Trimble Managed Services Resource, without the prior written consent of Trimble. Renewal: Sixty (60) days notice prior to the expiration of this SOW is required if Customer wishes to: (1) expire the Trimble Managed Services Resource or (2) change the scope of work of the Trimble Managed Services Resource. Otherwise, the Trimble Managed Services Resource will automatically renew in one-year periods. CITY COUNCIL AGENDA FORT �'4'0 RTI I _�� Create New From This M&C DATE: 6/28/2022 REFERENCE "`M&C 22- NO.: 0517 LOG NAME: 13P RFP 21-0188 PROJECT MANAGEMENT INFORMATION SYSTEM ITS ADK CODE: P TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: (ALL) Authorize a Purchase Agreement with e-Builder, Inc., for the Purchase of a Project Management Information System with a Five Year Term with Implementation and Subscription Costs in an Amount of $1,771,300.00 for the First Year and $1,603,080.00 for Years Two Through Five for a Total Five Year Cost of $3,374,380.00 for the Transportation and Public Works, Water, Park and Recreation, and Property Management Departments which will be Managed by the Information Technology Solutions Department and Adopt Attached Appropriation Ordinances and Amend the Fiscal Year 2022 Adopted Budget and Fiscal Years 2022-2026 Capital Improvement Program, and Effect a Portion of Water's Contribution to the Fiscal Years 2022-2026 Capital Improvement Program It is recommended that the City Council: 1. Authorize a purchase agreement with e-Builder, Inc., for the Purchase of a Project Management Information System with a five year term with implementation and subscription costs in an amount of $1,771,300.00 for the first year and $1,603,080.00 for years two through five for a total five-year cost of $3,374,380.00 for the Transportation and Public Works, Water, Park and Recreation, and Property Management Departments which will be managed by the Information Technology Solutions Department; 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the ITS Captial Fund, by increasing estimated receipts and appropriations in the FY22 PMIS Project (City Project No. 103782) in the amount of $177,130.00, and decreasing estimated receipts and appropriations in the Business Applications-IT Programmable Project (City Project No. P00037) by the same amount; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water & Sewer Capital Projects Fund in the amount of $708,520.00 from available funds, for the purpose of funding the FY2Z PMIS project (City Project No. 103782) to effect a portion of Water's contribution to Fiscal Years 2022-2026 Capital Improvement Program; 4. Adopt the attached ordinance increasing estimated receipts and appropriations in the Capital Projects Service Fund, in the amount of 1,408,693.00, authorizing the use of net position, for the purpose of transferring to the Capital Project Srvc-Capital Fund; 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Capital Project Srvc — Capital fund in an amount of $523,043.00 transferred from the Capital Projects Service Fund, Capital Projects Svcs Business programmable project (City Project No. P00111); 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Capital Project Srvc — Capital fund in an amount of $885,650.00 transferred from the Capital Projects Service Fund, for the purpose of funding the FY22 PMIS project (City Project No. 103782); and 7. Amend the Fiscal Year 2022 Adopted Budget and Fiscal Years 2022-20Z6 Capital Improvement Program. DISCUSSION: City of Fort Worth Departments currently utilize several different software programs to manage capital projects. For example, there are separate software programs for budget, payments, scheduling, inspection, bidding, and other management tasks. These separate programs do not interface with each other, thereby causing project management inefficiencies. In addition, these separate programs do not allow Capital Delivery staff to easily monitor and assess the delivery of infrastructure programs by the Departments and citywide. The Capital Delivery team identified this limitation with the current systems and requested that the Information Technology Solutions (ITS) Department and Purchasing assist in identifying a Project Management Information System (PMIS) that would provide a holistic capital management solution. It is anticipated that the PMIS will be utilized by the Transportation and Public Works, Water, Park and Recreation, and Property Management Departments for the management of capital projects. In order to procure a PMIS, Request for Proposal (RFP) 21-0188 was advertised in the Fort Worth Star-Telegram for three consecutive Wednesdays beginning on August 11, 2021, through August 25, 2021. Fifty-Five vendors were solicited and the city received twelve responses. Two of the twelve were deemed non-responsive because of failure to adhere to page and font requirements. An evaluation panel comprised of representatives of the ITS, Water, Transportation and Public Works (TPV�, Park and Recreation, and Property Management Departments reviewed and scored the submittals using the Best Value criteria which included: (a) Functionality (b) Technical (c) Approach (d) Company's Expereince (e) Cost of service After the initial evaluations, four of the highest-scoring bidders were required to demonstrate their products. The individual scores were averaged for each of the criteria and the final scores are listed in the following table. Points for pricing is determined as follows: Bidder must receive at least 50\% or more of the total available points for technical criteria. Evaluations: Bidders A B C D E Total Score e-Builder, Inc. 6 6 5 6 30.00 69.56 Kahua, Inc. 6 6 6 5 18.35 58.91 PMTech dba PMWeb 6 6 6 5 29.32 67.32 Procore Technologies, Inc. 7 7 6 7 21.97 70.03 After the demonstrations, Procore Technologies, Inc., received the highest score; however, the City and ProCore Technologies, Inc., were unable to agree to terms with the use of third party vendors, negotiations were ended. Therefore, in the best interest of the City, the evaluation panel and Purchasing staff, along with the Legal department agreed to move forward with the next highest scoring vendor. The vendor with the second highest score was e-Builder, Inc. As a result, staff recommends entering into a 5-year agreement with e-Builder, Inc. These implementation costs will be funded by the participating departments as depicted below: Year 1 0 Department Description Share of Contract Year 1 Cost One-Time implementation, Integration, Transportation Managed Services, Software Subscription + and Public Test Environment, Data 50\% $885,650.00 Works Migration/Integration Costs, Travel Expenses, Archival Services One-Time implementation, Integration, Managed Services, Software Subscription + Water Test Environment, Data 20\% $354,260.00 Migration/Integration Costs, Travel Expenses, Archival Services One-Time implementation, Integration, Water Managed Services, Software Subscription + Wastewater Test Environment, Data 20\% $354,260.00 Migration/Integration Costs, Travel Expenses, Archival Services One-Time implementation, Integration, Park and Managed Services, Software Subscription + Recreation Test Environment, Data 0\% $0.00 Migration/Integration Costs, Travel Expenses, Archival Services One-Time implementation, Integration, IT Solutions (for Managed Services, Software Subscription + Property Test Environment, Data 10\% $177,130.00 Management) Migration/Integration Costs, Travel Expenses, Archival Services Total Year 1 Contract Cost $1,771,300.00 IT Solutions will be responsible for paying the annual renewal costs using the IT Solutions Operating Budget using the departmenYs funds as follows: Year 2-5 0 Department Description Share of Contract Per Year Costs Transportation and Public Software Subscription + Test Environment 40\% $160,308.00 Works Water Software Subscription +Test Environment 20\% $80,154.00 Water Software Subscription +Test Environment 20\% $80,154.00 Wastewater Park and Software Subscription + Test Environment 10\% $40,077.00 Recreation Property Software Subscription + Test Environment 10\% $40,077.00 Management Total Year 2-5 Per Year $400,770.00 Contract Cost In addition to the implementation and renewal costs, funds must be allocated for TPW staff that will assist in the implementation of the PMIS. This is estimated to be 4400 hours at an estimated cost of $523,043.00. The action in this M&C will amend the Fiscal Year 2022 Adopted Budget as approved in connection with Ordinance 25073- 09-2021, Section 5. Internal Service Funds, as listed on page 21. Fund / Department FY2022 M&C Budget Revised FY2022 Adopted quthority Adjustment Budget Budget Category Budget Capital Projects Services Fund Revenues- TPW Charge for Services $ $ 14, 954,248.00 14, 954,248.00 Use of Money &Property $ $ 100, 000.00 100, 000.00 Use of Fund Balance/Net Position 3g,513.00 8,513.00 Use of Fund Balance/Net Position This M&C $ $ 1,408,693.00 1,408,693.00 TotalRevenues $ $ $ 15,092,761.00 1,408,693.00 16,501,454.00 Expenditures- TPW Transportation and Public Works $14,530,924.00 $14,530,924.00 Transfer to General Fund $3,291.00 $3,291.00 Transfer to Vehicle and Equipment $513,000.00 $513,000.00 Replacement Fund Transfer to IT Refresh Capital $45,546.00 $45,546.00 Transfer to Capital Project Service-Capital This M&C $1,408,693.00 $1,408,693.00 Fund Total Expenditures $15,092,761.00 $1,408,693.00 $16,501,454.00 The action in this M&C will amend the Fiscal Year 2022-2026 Capital Improvement program as approved in connection with Ordinance 25073-09-2021, Section 6. Capital Improvements, as listed on page 22: Capital Fund FY2022 CIP Budget Revised FY2022 Name Project Name Appropriations Authority Adjustment Budget 30112-ITS P00037-Business $859,401.00 This M&C ($177,130.00) $682,271.00 Capital Fund Applications IT 30102-Capital P00111-Capital Project Srvc— projects Svcs $233,000.00 This M&C $523,043.00 $756,043.00 Capital fund gusiness It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2022-2026 Capital Improvement Program, as follows: Capital Revised Project FY2022 CIP Budget Fund Name Appropriations Authority Adjustment FY2022 Name Budget 56002- 103782- W&S Fiscal Year Capital 2022 Project $ _ This M&C $708,520.00 $708,520.00 Projects Management Fund Information System Funding is available for appropriation from the Water Department Public Utility departmenYs Unspecified-All Funds of the Water & Sewer Capital Projects Fund, the ITS Other General Government departments Business Applications-IT programmable project within the ITS Capital Fund and the TPW Construction Inspection departmenYs Net position within the Capital Project Service operating Fund for the purpose of funding the FY22 PMIS project. AGREEMENT TERMS: The agreement will be for a five year term with no renewals. BUSINESS EQUITY - A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. ADMNISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as su�cient funds have been appropriated. Funding for this project was not included in the FY2022-2026 Capital Improvement Program because the bidding process did not occur until after the development of the FY2022-2026 Capital Improvement Program process. This action in this M&C will amend the Fiscal Years 2022-2026 Capital improvement Program as approved in connection with Ordinance 25073-09-2021. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified-All Funds project within the W&S Capital Projects Fund, the Business Applications-IT programmable project within the ITS Capital Fund and available in net position within the Capital Projects Service Operating Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the W&S Capital Projects Fund, ITS Capital Fund and Capital Project Srvc - Capital Fund for the FY22 PMIS project to support the approval of the above recommendations and execution of a purchase agreement. Prior to an expenditure being incurred, the IT Solutions Department has the responsibility of verifying the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year �(Chartfield 2) Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: Reggie Zeno (8517) Valerie Washington (6192) Anthony Rousseau (8338) Kevin Gunn (2015) Cynthia Garcia (8525) Ashley Kadva (2047) ATTACHMENTS 05182021 Waiver 21-0134 Project Management Information System WN.pdf (CFW Internal) 13P RFP 21-0188 PROJECT MANAGEMENT INFORMATION SYSTEM ITS ADK funds availability.docx (Public) 13P RFP 21-0188 PROJECT MANAGEMENT INFORMATION SYSTEM ITS ADK 56002 A022(r3).docx (Public) 13PRFP 21-0188 PROJECT MANAGEMENT INFORMATION SYSTEM ITSADK 30112 A022(r2).docx (Public) 13PRFP21-018SPROJECT MANAGEMENT INFORMATION SYSTEM ITSADK 30102 A022(r5).docx (Public) 13PRFP21-018SPROJECT MANAGEMENT INFORMATION SYSTEM ITSADK 30102 A022(r6).docx (Public) 13PRFP21-018SPROJECTMANAGEMENTINFORMATIONSYSTEMITSADK 60102 A022(r4).docx (Public) FINAL FID TABLE (PMIS updated 5.25.2022).xlsx (CFW Internal) Form 1295 Certificate 100573604 Signed.pdf (CFW Internal) SAMs 5.4.22.pdf (CFW Internal)