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HomeMy WebLinkAboutContract 40277ORIGINAL CllY SECRETARY 49 . CONTRACT NO. ~ 11 PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation situated in portions of Tarrant, Denton and Wise Counties, Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, with its principle place of business at 1000 Throckmorton Street, Fort Worth, Texas 76102 and Westin Engineering, Inc. ("Consultant"), a California Corporation and acting by and through Douglas J . Harp , its duly authorized Chief Executive Officer and President, with its principle place of business at 3100 Zinfandel Drive, Suite 300, Rancho Cordova, CA 95670. The Contract Documents shall include this Agreement plus all attachments listed below, which are attached hereto and incorporated herein for all purposes incident to this Agreement: a) Exhibit A -Statement of Work b) Exhibit B -Payment Schedule 1. SCOPE OF SERVICES. 1.1 Consultant's Services . Consultant hereby agrees to provide the City with professional consulting services for the purpose of establishing requirements for a Work Order/Asset Management Systems (WOAMS) for the City's Storm Water Infrastructure. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit A, Statement of Work, more specifically describing the services to be provided hereunder. The Statement of Work is incorporated by this reference into this Agreement. To the extent the Statement of Work conflicts with this Agreement , this Agreement will prevail. The term Consultant shall include employees , directors, officers, employees , agents or representatives . 1.2 Work Product. All work produced by Consultant under this Agreement (collectively the "Work Product") will be considered the works for hire and will be the sole and exclusive property of the City once paid for in full by the City. In the event that the Work Product is not copyrightable subject matter or is for any reason not deemed to be works for hire, Consultant hereby assigns all right, title and interest in the Work Product to the City and will execute any documents required to evidence such assignment. Without limiting the foregoing, Consultant understands and agrees that Consultant will not retain any ownership rights whatsoever in or to the Work Product. Consultant hereby represents that the Work Product will be original work and will not infringe upon or violate rights of any person or entity, including , without limitation , any copyrights, trademarks or rights of privacy or publicity . This provision shall survive the termination or expiration of this Agreement. 2. TERM. This Agreement shall commence upon the last date that both the City and Consultant have executed this Agreement ("Effective Date") and shall expire upon the City's certification of completion of all Tasks included in the Statement of Work , Exhibit A, unless terminated earlier in accordance with the provisions of this Agreement. Form Services Agreement Westin Engineering , Inc. Page 1 of 14 06-03-1 o A0 9:44 I FFICIALRECORO CITY SECRETARY Ft WORTH, TX 3. COMPENSATION. The City shall pay Consultant on a Time and Materials basis , an amount not to exceed Two Hundred and Nine Thousand Dollars $209,000.00, billed monthly for all labor and expenses per the attached rate sheet in accordance with the provisions of this Agreement and the Fee Schedule attached as Exhibit B, which is incorporated for all purposes herein. All payments shall be Net 30 Days. Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing . 4. TERMINATION. 4 .1. Written Notice. The City or Consultant may terminate this Agreement at any time and for any reason by providing the other party with 30 days written notice of termination . 4 .2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated . 4.3 Duties and Obligations of the Parties . In the event that this Agreement is terminated prior to the Expiration Date, the City shall pay Consultant for services actually rendered up to the effective date of termination and Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination . 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing . Consultant, for itself and its officers , agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Consultant shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify , delete or otherwise corrupt City Information in any way . Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised . 6. RIGHT TO AUDIT. Consultant agrees that the City shall , until the expiration of three (3) years after final payment under this contract, have access to and the right to examine at reasonable times any directly pertinent books, documents , papers and records of the consultant involving transactions relating to this Contract at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section . The City shall give Consultant reasonable advance notice of intended audits . Form Services Agreement Westin Engineering , Inc. Page 2 of 14 Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall , until expiration of three (3) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books , documents , papers and records of such subcontractor involv ing transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct aud its in compl iance with the provisions of this paragraph . City shall give subcontractor reasonable notice of intended audits . 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein , and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omiss ions of its officers , agents , servants, employees , contractors and subcontractors . Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City , its officers , agents , servants and employees , and Consultant, its officers , agents , employees , servants , contractors and subcontractors. Consultant further agrees that noth ing here in shall be construed as the creat ion of a partnership or joint enterprise between City and Consultant. 8. LIABILITY AND INDEMNIFICATION. CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEA TH, TO ANY AND ALL PERSONS, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISS/ON(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY and HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RES UL TING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEA TH, TO PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. ASSIGNMENT AND SUBCONTRACTING. Consultant shall not assign or subcontract any of its duties , obl igations or rights under this Agreement without the prior written consent of the City . If the City grants consent to an ass ignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant and Assignee shall be jointly liable for all obligations under th is Agreement pr ior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant referenc ing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under th is Agreement as such duties and obligations may apply . The Consultant shall prov ide the City with a fully executed copy of any such subcontract. Form Services Agreement Westin Eng inee ri ng , Inc. Page 3 of 14 10. INSURANCE. Consultant shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10 .1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $1,000,000 Aggregate (b) Automobile Liability $1,000,000 Each accident on a combined single limit basis or Coverage shall be on any vehicle used by the Consultant, its employees, agents, representatives in the course of the providing services under this Agreement. "Any vehicle " shall be any vehicle owned, hired and non-owned (c) Worker's Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100 ,000 Disease -per each employee $500 ,000 Disease -policy limit This coverage may be written as follows : Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers ' Compensation Act (Art. 8308 - 1.01 et seq . Tex . Rev . Civ. Stat.) and minimum policy limits for Employers ' Liability of $100,000 each accident/occurrence, $500 ,000 bodily injury disease policy limit and $100 ,000 per disease per employee (d) Professional Liability (Errors & Omissions) $1,000,000 Each Claim Limit $1 ,000 ,000 Aggregate Limit Coverage shall be claims-made , and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided . An annual certificate of insurance shall be submitted to the City to evidence coverage. 10.2 Certificates . Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. All policies shall be endorsed to name the City as an additional insured thereon , as its interests may appear. The term City shall include its employees , officers , officials , agent, and volunteers in respect to the contracted services . Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. A minimum of thirty (30) days notice of cancellation shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Consultant's insurance policies. Notice shall be sent to the Risk Manager , City of Fort Worth , 1000 Form Services Agreement Westin Engineering , Inc. Page 4 of 14 Throckmorton , Fort Worth , Texas 76102, with copies to the City Attorney at the same address . 11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Consultant agrees to comply with all applicable federal, state and local laws , ordinances, rules and regulations . If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non- discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party , its agents, employees , servants or representatives , (2) delivered by facsimile with electronic confirmation of the transmission , or (3) received by the other party by United States Mail, registered , return rece ipt requested , addressed as follows : To The CITY: City of Fort Worth Transportation & Public Works Department Stormwater Management Division Attn : Joe Komisarz 1000 Throckmorton Fort Worth TX 76102-6311 Tel : (817) 392-2662 Fax: (817) 392-8654 14. SOLICITATION OF EMPLOYEES. To CONSULTANT: Westin Engineering, Inc . Attn : Howard Richards , P.E. 1201 Main Street, Suite 2775 Dallas , TX , 75202 Tel : (214) 337-3688, Ext. 3611 Fax : (2 14) 337-3691 Neither the City nor Consultant shall, during the term of this agreement and additionally for a period of one year after its termination , solicit for employment or employ , whether as employee or independent contractor , any person who is or has been employed by the other during the term of this agreement, without the prior written consent of the person's employer. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement , the City does not waive or surrender any of its governmental powers . 16. NO WAIVER. The failure of the City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion . Form Services Agreement Westin Engineering , Inc. Page 5 of 14 17. GOVERNING LAW/ VENUE. This Agreement shall be construed in accordance with the internal laws of the State of Texas . If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County , Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired . 19. FORCE MAJEURE. The City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God , acts of the public enemy, fires, strikes , lockouts, natural disasters, wars , riots , material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes . 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto . 22. AMENDMENTS/ MODIFICATIONS/ EXTENSTIONS. No extension , modification or amendment of this Agreement shall be bind ing upon a party hereto unless such extension , modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party . 23. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference , contains the entire understanding and agreement between the City and Consultant , their assigns and successors in interest, as to the matters conta ined herein . Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. SIGNATURE AUTHORITY. The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party , and that such binding authority has been granted by proper order, resolution , ord inance or other authorization of the entity . The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. Form Services Agreement Westin Engineering , Inc. Page 6 of 14 [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this Lf~ day of ~ , 2010. 1 I c.; _ I vv e.sh v1 L-Y) (A iVU.vn ~ Vlj . V1 (. CITY OF FORT WORTH : [NAME OF CONSUti"ANT]: l ' By : =>i-•: .I. a .. Assistant City Manager Date: ~O Form Services Agreement Westin Engineering , Inc. Page 7 of 14 Name: Dou la J . Title: Chief Executi Officer and President Date: S:/1--1/ V /0 ATTEST: I QFFI IAL RECORD CITY SECRETARY T RTH,TX Task 1 -Needs Assessment EXHIBIT A STATEMENT OF WORK The needs assessment is designed to assess how the Division is currently organized as it relates to tracking assets and work, versus how it may wish to be organized in the future to maximize both the effectiveness and longevity of its infrastructure. Westin will utilize a combination of background information review, key staff interviews, walkthroughs, and benchmarks with industry best practices for WOAMS business processes . Review Background Information -The purpose of this activity is to develop the asset management framework and recommendations . This is accomplished by reviewing current storm water asset information, strategies, organizations, processes, data, and technologies that are available . Westin will assess the current asset inventory to identify any gaps , the extent of asset information currently being tracked , and the identification and classification criteria of assets. Business Needs Interviews -The business needs define the principle business processes that will be addressed in the assessment interviews . The interviews are focused on determining the challenges , status, sharing best practices and industry trends , and identifying gaps that will be used to develop recommendations for business process improvements . Westin will review current documented business processes and organization to delve deeper into functional groups to determine the number of staff interviews required . Westin will conduct up to eight (8) business needs workshops . Westin uses templates to utilize staff time efficiently. Review Current Applications & Systems -Westin will assess the City 's existing technology resources from both business and technology perspectives to determine their applicability to potentially meet the Storm Water Division 's asset management requirements . This will include reviewing existing WOAMS 's in other City Departments from the point of view of management, users , and technology professionals to document strengths and weaknesses of the current environment as well as future technology issues. Process Assessment -Westin will document the current ("as is ") business process environment, and identify opportunities for improvement in processes and in the application of technology. This assessment information will describe differences between the Storm Water Division 's as-is asset management processes and the desired streamlined approach ("to-be ") with an improved WOAMS . The process assessment will result in specific objectives for the implementation of a WOAMS . Assessment Findings Report -A report will be prepared to define the Division goals and objectives for WOAMS, current business processes , organization functional areas , and current technology systems, including as-is and to-be state systems, processes, workflows , and unmet needs . Westin will conduct a workshop to present the assessment findings . A number of short-and long-term recommendations may arise from the assessment activities , some of which may be acted upon immediately to improve the management of Storm Water assets . Task 2 -Software Requirements Requirements will be defined, based on the business needs of the Storm Water Division. Using the findings of the Needs Assessment, Westin will define specific , prioritized requirements that will provide a foundation for selecting and implementing the most advantageous WOAMS software package for the City. To accomplish this , Westin will conduct up to six (6) planning workshops with key stakeholders . The Form Services Agreement Westin Engineering , Inc. Page 8 of 14 objective of the workshops will be to define the boundaries , limits and constraints associated for WOAMS within the following three scope areas : • Business -functional requirements and capabil ities required by users; • Systems and Technical -non-functional requirements , including specialized hardware and/or. software ; and • Transition -implementation services and on-going support for the WOAMS. Once developed , these artifacts will be utilized to perform a high-level evaluation of existing WOAMS's in other City Departments , and also serve as the basis for developing a plan for acquiring and implementing a WOAMS that is most advantageous to the Division . Specific activities that will be completed include : Develop WOAMS Strategy -Westin will facilitate development of strateg ies that will support the Division 's business goals and objectives . The strategies and their components will be compiled to produce the WOAMS framework for Storm Water Management. Westin will compile key opportunities for improvement based on the assessment findings in Task 1, into an Asset Management Strategic Plan that will include the following e lements: • Storm Water Division asset management vision ; • Work order and asset management goals and objectives ; • Recommended strategies for bridging the gaps ; • Recommended resource needs (people , software , hardware) for implementing the recommended strategy; • Integration with other systems (including GIS) that prov ide vital data and enhanced funct ionality forWOAMS ; • Potential barriers to implementation and recommendations for surmounting them ; • Immediate and future modifications in approaches and processes ; and • Desires and constrain ts on information technology support of these activities . Business Requirements -Westin will conduct up to two (2) workshops to lead key business process teams into translating the assessment of process strengths and weaknesses , industry best practices , and the capabilities of WOAMS into specific system requ irements , to achieve the desired "to be " env ironment and conditions . Systems & Technical Requirements -The systems and technical requ irements w ill address hardware , commun ications , network devices, storage and backup devices and media , database tools , data management tools , decision support too ls , presentation tools , and back-up softwa re. These requi rements will address the following elements: • Arch itecture , hardware , systems and network requirements ; • Interface and integration approach and standards ; • Application maintenance and support standards ; • Configuration management approach and standards ; and • Address standards for COTS software . Transition Services Requirements -The transition services define all of the services required in support of the implementation phase of the project. These requirements will be defined by spec ifying the desired outcomes that the implementation vendor/in tegrator is expected to provide . The Div ision may decide to prov ide some transition services d irectly. Requirements will be developed that address the following : • Project planning and quality assistance • Data conversion or migration des ign , development and testing • Integration design , development and testing • Interface design , development and testing Form Services Agreement Westin Engineering , Inc. Page 9 of 14 • Training planning, training trainers , course material development, and training delivery • Documentation • Configuration management • Post deployment support Evaluate Existing WOAMS -Upon completing the business, systems and technical requirements definitions, Westin will evaluate the Division's requirements against up to two (2) existing WOAMS solutions within other Divisions/Departments identified during the assessment phase . The high-level evaluation will include integrations with key systems including GIS, Service Orders, the City's Financial System, and Electronic Document Management. Westin will compare current applications capabilities with the Storm Water Division 's requirements, to determine gaps and strategies to close them or recommendations on their selection or elimination and path forward . Task 3 -RFP Development & Selection Assistance Specifications and RFP -Westin will incorporate all of the requirements developed for business , systems and technical, and transition services into a comprehensive request for proposal (RFP) for a software package and implementation . The RFP will be reviewed with the project team and purchasing department prior to the document's release . Typical RFP contents will include the following: • Project scope/statement of work (SOW); • Goods and services specifications , requirements and priorities ; • Integration with existing and planned systems ; • Application architecture ; • Evaluation criteria and weighting ; • Desired project schedule ; • City of Forth Worth terms and conditions ; • Vendor response forms including functionality questionnaires, and detailed cost; and • Vendor Instructions. A mailing list of asset management software vendors that are active in the utilities and local government markets will be provided to the City's purchasing professionals, if desired . Addressing Questions -Westin will provide support in responding to prospective Vendor questions submitted during the question period . Westin will also participate in a pre-proposal conference and will assist in documenting the results of the conference , and will support the preparation of an addendum containing answers to prospective vendors ' questions , to be formally issued by the City 's Purchasing Division . Proposals Evaluation -Following the receipt of proposals , Westin will perform a technical evaluation of the proposals , and will support the selection team 's scoring of proposals . The technical evaluation of the proposals will include the following : • Compilation of quantitative results from proposal questionnaires • Compilation and comparison of proposal cost data • Assessment of technical aspects of the proposals • Identification of exceptions , "red flags ," and needed clarifications • Evaluation of responses to selection team questions At a proposal review workshop , Westin will present the technical evaluation findings and quantitative data, and facilitate discussions to support the selection team 's scoring of the proposals to select a "short list" of Vendors for further review and demonstrations. Form Services Agreement Westin Engineering , Inc. Page 10 of 14 Reference Checks -Westin will make telephone reference checks of customers listed in the "short-listed" Vendor's proposals, as well as additional customers, not listed in the Vendor's proposals , if considered desirable. The information to be requested will be based on proven templates developed by Westin, supplemented by additional questions resulting from the proposals and/or industry knowledge . Vendor Demonstrations -Vendors who are selected for the "short list" will be asked to make product presentations, answer additional questions, and perform demonstrations as required . Westin will prepare demonstration questions and instructions. These instructions will be applied equally to each Vendor during the presentations , thus affording the selection team an opportunity to evaluate Vendors against a common standard . Westin will organize and facilitate vendor interviews with all agencies currently utilizing, or contemplating using a WOAMS. Site Visits (Optional) -Following the presentations, the selection team may choose to perform site visits to existing installations of the finalist Vendors. If so, Westin will provide questions to ask about each finalist Vendor, participating in the site visits, and recommending specific areas to delve deeper into during the visits. Westin's support of site visits will be provided on a time and materials basis. Final Selection Workshop -Westin will facilitate up to two (2) selection workshops during which the results of all evaluation activities will be summarized and provided to the selection team . During these workshops, Westin will also facilitate a process of equalizing Vendor proposals to account for differences in proposal content and inconsistencies . The selection team will be provided with answers to technical questions, as well as pros , cons , and risks associated with each Vendor's products and services . These will support the selection team in its scoring of the proposals to select the Vendor(s) with whom to conduct further negotiations . Westin will work with the selected Vendor to develop a statement of work, and will finalize the list of products and services to be acquired by the City from the selected Vendor. This will be incorporated into an "Award Package" document, which also identifies the reasons for selecting the recommended Vendor. To support obtaining policy-level approval for the recommended course of action, Westin will participate in up to three (3) briefings to the Fort Worth City Council , committees, and/or management teams . Contract Development -Westin will provide up to 40 hours of support for negotiation of the scope of work and price . Westin will not provide legal advice, but will review and comment on the proposed contract during and at the conclusion of negotiations, by performing the following services : • Facilitating the determination of the final scope, system configuration, and options ; • Reviewing draft documents for compliance with representations made in the Vendor 's proposal , presentations, and demonstrations ; • Answering questions and making recommendations on technical issues and questions; and • Facilitating the negotiation of the implementation project schedule and responsibilities. Project Management The Project Management activities will be performed by the Westin Project Manager in cooperation with the Division 's Project Manager. Westin will use non-proprietary, industry standard project management processes to initiate , plan , execute, and close the project. Project Management tasks include : • Project Plans: Westin 's project manager will work with the Division's Project Manager and team to define and manage scope , schedules , budgets, resource requirements , roles and responsibilities . Form Services Agreement Westin Engineering , Inc. Page 11 of 14 • Project Controls: Westin will define and document the project controls for scope, budgets and schedules. Westin will utilize progress reporting as one tool to achieve on-time, on-budget performance. • Project Communications: Westin will provide effective project communication which minimiz:es surprises and facilitates stakeholder buy-in. Westin will plan what information is required; how, when, where and to whom it will be delivered. • Risk and Issues Management: Westin will implement a formal process to addresses risks in a timely manner, enabling quick assessment of potential impacts and determination of risk mitigation plans. • Decision Management: Westin will take a proactive approach to facilitate and document decisions to maintain project momentum. If a project team reaches an impasse, Westin will apply a formal escalation process to ensure that decisions are made in a timely manner. • Quality Assurance/Quality Control (QA/QC): Westin will execute a formalized program ·which ensures achievement of project objectives and client satisfaction. • Project Close-Out: Westin will complete final turnover procedures , sign-offs, post implementation evaluation and lessons learned, archiving project records, etc. These processes will be provided throughout the project from initiation to final contract execution with the WOAMS software and implementation vendor. Form Services Agreement Westin Engineering, Inc. Page 12 of 14 EXHIBIT B FEE SCHEDULE Table 1-R: Hours and Price by Labor Category Hours: 0 0 22 Needs Assessment (Task 1) Cost: $0 $0 $5 ,016 Software Requirements Hours: 0 0 54 (Task 2) Cost $0 $0 $12 ,312 RFP Development & Hours: 0 0 143 Systems Selection (Task 3) Cost: $0 $0 $32 ,604 RFQ Development & Hours: 0 0 0 Integrator Selecti on (Task 4) Cost: $0 $0 $0 *deleted task* Hours: 9 7 129 Project Management Cost: $2 ,35 1 $1 ,696 $29 ,412 146 54 0 $31 ,208 $7,439 $0 86 0 0 $18 ,383 $0 $0 121 0 0 $25 ,864 $0 $0 0 0 0 $0 $0 $0 8 0 11 $1,710 $0 $1 ,045 Hours: 9 7 348 361 54 11 Totals Cost: $2,351 $1,696 $79,344 $77,164 $7,439 $1,045 Table 2-R: Proposed Price by Principal Task Needs Assessment (Task 1) Software Requirements (Task 2) RFP Development & Systems Selection (Task 3) RFQ Development & Integrator Selection (Task 4) *deleted task* Project Management Totals Form Serv ices Agreement Westin Engineering , Inc. Page 13 of 14 Labor Cost $43 ,662 $30 ,695 $58,468 $0 $36 ,214 $169,038 WBE Travel Task Cost Consultant Expenses $6 ,384 $7 ,788 $57 ,834 $3 ,648 $7 ,714 $42 ,057 $0 $7 ,714 $66 ,182 $0 $0 $0 $1,824 $4 ,890 $42 ,928 $11,856 $28,106 $209,000 Table 3-R: Standard Consulting Rates Code Category Hourly Rates (US$) 10 Managing Principal $261 .25 15 Senior Principal Consultant $242.25 20 Principal Consultant $228 .00 25 Senior Consultant II $213 .75 30 Senior Consultant I $199 .50 40 Staff Consultant $171 .00 50 Associate Consultant $137 .75 60 Analyst II $114 .00 70 Analyst I $95 .00 90 Project Ass istant $80 .75 99 Clerical $57 .00 The above labor rates do not include sales or service taxes , if any. Non Labor Costs : Subcontract and other direct expenses will be billed at cost, plus 10%. These costs may include but are not li mited to travel , ma il/shipping , outs ide printing & binding , subcontractor charges , project equ ipment/software. Mileage will be expensed per the current IRS guidel ines at the time of travel. Westin Standard Rate sheets are inc reased annually in the January billing cycle of each year. If the contract extends beyond January of any year, a rate increase can be expected . Form Services Agreeme nt West in Engineering , Inc. Page 14 of 14 M&CReview Page 1 of 2 Official site of the City of Fort Worth, Texas C ITY COUNCIL AGENDA COUNCIL ACTION: Approved on 5/11/2010 -Ord. No. 19140-05-2010 DATE: CODE: 5/11/2010 C REFERENCE NO.: **C-24211 TYPE: CONSENT LOG NAME: PUBLIC HE ARING : 20SWDWOAMS NO SUBJECT: Authorize a Contract with Westin Engineering , Inc ., to Develop Requirements for a Work Order and Asset Management System for the Stormwater Utility for a Not to Exceed Amount of $209 ,000 .00 and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the Citv Council : 1. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations ir, the Stormwater Utility Fund by $209,000 .00 and reducing the retained earnings by the same amoun~ ~n,; .:. Authorize a Contract with Westin Engineering , Inc., to develop requirements for a Work Order and Asset Management System for the stormwater utility for a not to exceed amount of $209,000.00. DISCUSSION: The City's Stormwater Utility (the Utility) was authorized by City Council in 2006. and the data tner, available on the City's drainage infrastructure (location, condition and materials) was incomplete . The dedicated revenue stream resulted in a rapid multiplication of good data on the stormwater system and the rate of data acauisition will continue to increase over the next few vears . Receivina. comoilina and process ing these data effectively is vital to the Utility's ability to ensure a strategic, data driven and highly effective program. Tracking the Utility's resource utilization is currently unsophisticated and provides only the most basic planning and programming capability . The Utility needs a comprehensive and strategic approach to b oth work order and asset manaaement. fully integrated into the rapidly expanding GIS database. This will allow staff to accurately and comprehensively capture system information , operating and capital costs and performance data. Benefits of having these data available within a proven work order/asset management system include: optimization of day-to-day operations. highly objective prioritization of needs , establishment of a platform for predictive modeling and proactive programming , effective life cycle cost analysis and budgeting and the ability to articulate program effectiveness in terms of clear and meaningful performance measures. The first step toward implementing this system is to accurately determine the Utility's requirements in order to effectively link needs to available commercial software and a Request for Proposals (RFP) for the needs assessment was issued in December. 2009 . RFP ADVERTISEMENT -RFP No. 09-0283 was advertised in the Fort Worth Star-Telegram on December 16, 2010, and December 23, 2010 . Twenty-two vendors were solicited from the Purchasing vendor database. On January 21 , 201 O. seven proposals were received in response to the RFP . All seven proposals were reviewed by an evaluation committee and ranked based on the evaluation criteria outlined in the RFP . The evaluation committee short listed the proposals based on the rankings and the four highest ranked consultants were invited to the interview. After extensive evaluation and interviews . the evaluation committee determined that Westin Engineering , Inc .. was the most responsive , responsible proposer to provide the consulting services required for tnis proJeci . http://apps.cfwnet.org/council_packet/mc _revie w .asp?ID = 13393&counci ldate=5/l 1/2 010 FORT WORTH -~ 5/12 /20lC M&CRev iew PRICE ANALYSIS -Westin Engineering , Inc., has offered a not to exceed price of $209 ,000 .00 to complete all milestones required for this project. Staff has reviewed this price and determines it to be fair and reasonable for the scooe of services orooose " ADMINISTRATIVE AMENDMENT -Per State law and the City Code, an administrative amendment for this Contract may be made by the City Manager, or h is designee , for a total amount not to exceed the lesser of 25 oercent or $25.000 .00 . Such an increase or amendment would not reauire soecific City Council approval so long as sufficient funds have been appropriated. M/WBE -No M/WBE oarticioation is reauired for this contract. The Citv 's M/WBE Office aooroved the Departmental Request for Waiver of M/WBE Subcontracting/Supplier Goal as the serv ices requested are unique to specialized firms in asset management applications in the horizontal utility industry with no sub-consultant oooortunities . FISCAL INFORMATION/CERTIFICATION ; The Financial Management Services Director certifies that upon approval of the above recommendations and adootion of the attached aoorooriation ordinance . funds will be available in the current operating budget, as appropriated, of the Stormwater Utility Fund . After these actions , the retained earnings in the Stormwater Utility Fund will meet or exceed the minimum required by the Citv's Financial Manaaement Policv Statements. TO Fund/Account/Centers 1) PE69 539120 0209000 $209 .000 .00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 20SWDWOAMS AO.doc FROM Fund/Account1\,;enters 2) PE69 539120 0209000 $209 ,0UU .UU Fernando Costa (6122) William Verkest (780 1 · Joe Komisarz (266 ~ http://app s.c fw net.org/counc il_packet/mc _rev iew .as o ?I D = 13 393&co unc i ld ate=5 /1 1/20 I 0 Pa2:e 2 o f:' 5/1 2/2 01 0