HomeMy WebLinkAboutContract 57788-A3CSC No. 57788-A3
THIRD AMENDMENT
TO
FORT WORTH CITY SECRETARY CONTRACT NO. 57788
This Third Amendment to Fort Worth City Secretary Contract No. 57788 ("Third
Amendment") is made between the City of Fort Worth ("City,") a municipal corporation and e-
Builder, Inc. ("Vendor,") a Florida corporation. City and Vendor are each individually referred to
herein as a "party" and collectively referred to as the "parties."
WHEREAS, City and Vendor entered into an Agreement identified as City Secretary
Contract No. 57788 beginning June 30, 2022 (the "Agreement"); and
WH REAS, on January 4, 2024, City and Vendor entered into the First Amendment to the
Agreement, which increased the total costs for Managed Services from $130,000.00 to
$220,000.00 and added a provision for early renewal; and
WHEREAS, it is the collective desire of the parties to amend the Agreement to include
Exhibit A-3, e-Builder Order Form, to provide the City access to the Trimble Unity Field mobile
application at no additional cost.
NOW THEREFORE, known by all these present, the Parties, acting herein by and
through their duly authorized representatives, agree to the following terms, which amend the
Agreement as follows:
I. AMENDMENTS
1. The Agreement is hereby amended to include Exhibit A-3 e-Builder Order Form,
attached to this Third Amendment, to the City provide access to the Trimble Unity Field mobile
application at no additional cost.
II. MISCELLANEOUS
All other terms, provisions, conditions, covenants and recitals of the Agreement not
expressly amended herein shall remain in full force and effect.
[Signature Page Follows]
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Third Amendment to Fort Worth City Secretary Contract No. 57788 Pagel of 3
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City:
By:
Dianna Giordano (May 19,202508:44 CDT)
Name:
Dianna Giordano
Title:
Assistant City Manager
05/19/2025
Date:
e-Builder, Inc.
DocuSigned by:
r,Aytm Q�AdA.lil/'�A,
By: �
Name: cai?'WW �iiza
Title: Sr Director
Date: 5/13/2025
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By: SarahT 14, 202509:11 CDT)
Name: Kevin Gunn
Title: Director, IT Solutions
Approved as to Form and Legality:
By: M. Kevin Anders, II (May 14, 2025 09:59 CDT)
Name: M. Kevin Anders, II
Title: Assistant City Attorney
Contract Authorization:
M&C: 22-0517
Approval Date: 06/28/2022
Form 1295: 2022-851617
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: Steven Vandever(May 202507:48 CDT)
Name: Steven Vandever
Title: Sr. IT Solutions Manager
City Secretary:
By:
Name:
Jannette S. Goodall
Title:
City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Third Amendment to Fort Worth City Secretary Contract No. 57788 Page 2 of 3
EXHIBIT A-3
e-Builder Order Form for Trimble Unity Field
(ATTACHED)
Third Amendment to Fort Worth City Secretary Contract No. 57788 Page 3 of 3
q e-Builder:.
ORDER FORM
Order Date: Date of the last signature below
Trimble Entity Name e-Builder Inc. a Trimble company
("Trimble") and Address: 13450 West Sunrise Blvd Suite 600, Sunrise, FL
Customer Entity Name City of Fort Worth, TX
("Customer") and Address: 100 Fort Worth Trail
Forth Worth, TX 76102
Terms and Conditions: This Order Form is subject to the Terms and Conditions found in the Master License and Services
Agreement, dated 06/30/2022.
Purpose: Trimble will provide access to the Trimble Unity Field mobile application (the "Application") to all
authorized users included in Customer's subscription at no additional cost. Training is not included.
Any training desired by Customer will require an additional order form setting forth the applicable
scope and fees.
Disclaimer: Customer understands and agrees that as of the date of execution of this Order Form, Trimble
Unity Field is a new offering. While Trimble undertakes efforts to design all new offerings in
accordance with industry standard software development and security protocols, and Trimble
Unity Field maintains a current ISO 27001 certificate, it has not yet undergone a SOC 2 Type II audit
or an accessibility audit. Thus, Trimble Unity Field may not comply with all provisions of the
Agreement including without limitation applicable SOC audit or accessibility provisions.
Accordingly, notwithstanding anything to the contrary in the Agreement, Trimble's provision of
Trimble Unity Field is not subject to any SOC audit, accessibility, or similar compliance provisions
during the Initial Term and any renewals
Important Provisions: Data Encrvation. Within the Application, all Customer Data will be encrypted in transit utilizing
government -certified Advanced Encryption Standard (AES) cipher algorithms with a 256-bit or
better encryption key. For Customer Data at rest, the encryption standards included with the
applicable authorized user's mobile device will apply.
Data Use. Subject to Trimble's confidentiality obligations in the Agreement and all applicable
Data Protection Legislation, Customer hereby grants Trimble the non-exclusive, worldwide,
irrevocable, royalty -free right to collect and use Usage Data and Location Data in perpetuity to
develop, maintain, and improve the Application, products, and services of Trimble or its Affiliates,
including, without limitation, through analytics, model training, and machine learning.
• "Usage Data" means Trimble's technical logs, data, and learnings about Customer's use
of the Application, excluding Customer Data.
• "Location Data" means data identifying an authorized user's location while using the
Application.
• "Customer Data" means any information, documents, materials, or other data of any
type that is input by or on behalf of Customer into the Application or Trimble's software
offerings or that is created or generated by Customer through Customer's use of the
same. For clarity, Customer Data expressly excludes Usage Data.
Third -Party Application Stores.
Purchase from Application Store. If Customer obtains the Application (or portions
thereof) through a third -party application store, marketplace, or other site or service
(each, an "Application Store"), such Application Store is considered a reseller. If
applicable, all fees are non-refundable once paid. Customer's download of the
Application may be subject to other terms as specified by the operator of the
Application Store from which Customer downloaded the Application.
Apple -Specific Terms. If Customer downloaded the Application from Apple Inc.'s
("Apple") Application Store, the following terms are part of the Agreement. The
Agreement is between Customer and Trimble, and not with Apple. However, as required
by Apple, Apple and its subsidiaries will be third -party beneficiaries of the Agreement
and will have the right (and will be deemed to have accepted the right) to enforce the
Agreement against Customer as a third -party beneficiary. To the maximum extent
permitted by Law, Apple will have no warranty obligation with respect to the
Application, and, as between Apple and Trimble, any other claims, losses, liabilities,
damages, costs, or expenses attributable to a failure to conform to a warranty will be
Trimble's responsibility. Apple has no obligation whatsoever to furnish any maintenance
or support services with respect to the Application. As between Trimble and Apple,
Trimble is solely responsible for the Application and for addressing any claims Customer
or any third parties have about the Application or Customer's possession or use of the
Application, including without limitation (i) product liability claims; (ii) any claim that the
Application fails to conform to any applicable legal or regulatory requirement; and (iii)
claims arising under consumer protection or similar legislation. In the event of any third -
party claim that the Application or Customer's possession or use of the Application
infringes that third party's intellectual property rights, Apple will not be responsible for
the investigation, defense, settlement, or discharge of such claim.
Due Authoritv. 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.
ACCEPTANCE
Accepted and agreed:
CUSTOMER: CITY OF FORTH WORTH, TX
Signature: Dianna Giordano (May�508:44CDT)
Print Name: Dianna Giordano
E-BUILDER:
,DOCUS,igned by:
Signature: �Ca�V{DS Q�an�ya
Print Name: Carlos Abaunza
Title: Assistant City Manager Title: Sr Director
Date: 05/1" /2O25 Date: 5/13/2025
ACITY COUNCIL AGEND FORTOR H
Create New From This M&C
13P RFP 21-0188 PROJECT
DATE: 6/28/2022 REFERENCE **M&C 22- LOG NAME: MANAGEMENT
NO.: 0517 INFORMATION SYSTEM ITS
ADK
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
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
RECOMMENDATION:
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 FY22
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 2022-2026 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 (TPW), 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
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
department's funds as follows:
Year 2-5
Department Description
Transportation
and Public Software Subscription + Test Environment
Works
Water Software Subscription + Test Environment
11 11
Share of Contract Per Year
Costs
40\% $160,308.00
20\% $80,154.00
Water
Wastewater
Software Subscription + Test Environment
20\%
$80,154.00
Park and
Recreation
Software Subscription + Test Environment
10\%
$40,077.00
Property
Management
Software Subscription + Test Environment
p
10\%
$40,077.00
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
Adopted
Budget
Revised FY2022
Budget Category
Authority
Budget
Adjustment
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
$
38,513.00
$
38,513.00
Use of Fund Balance/Net Position
This M&C
$
1,408,693.00
$
1,408,693.00
Total Revenues
$
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
Project Name
FY2022 CIP
Authority
Budget
Revised FY2022
Name
Appropriations
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
Business
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 project FY2022 CIP Budget Revised
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 department's 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 department's 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 - Awaiver 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 sufficient 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 I Department Account Project I Program I Activity I 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 Citv Manager's Office bit: Reggie Zeno (8517)
Valerie Washington (6192)
Originating Department Head: Anthony Rousseau (8338)
Kevin Gunn (2015)
Additional Information Contact: Cynthia Garcia (8525)
Ashley Kadva (2047)
ATTACHMENTS
05182021 Waiver 21-0134 Proiect Manaaement Information Svstem WN.pdf (CFW Internal)
13P RFP 21-0188 PROJECT MANAGEMENT INFORMATION SYSTEM ITS ADK funds availabilitv.docx (Public)
13P RFP 21-0188 PROJECT MANAGEMENT INFORMATION SYSTEM ITS ADK 56002 AO22(r3).docx (Public)
13PRFP 21-0188 PROJECT MANAGEMENT INFORMATION SYSTEM ITS ADK 30112 AO22(r2).docx (Public)
13PRFP21-0188PROJECT MANAGEMENT INFORMATION SYSTEM ITS ADK 30102 AO22(r5).docx (Public)
13PRFP21-0188PROJECT MANAGEMENT INFORMATION SYSTEM ITS ADK 30102 AO22(r6).docx (Public)
13PRFP21-0188PROJECTMANAGEMENTINFORMATIONSYSTEMITSADK 60102 AO22(r4).docx (Public)
FINAL FID TABLE (PMIS undated 5.25.2022).xlsx (CFW Internal)
Form 1295 Certificate 100873604 Sioned.pdf (CFW Internal)
SAMs 5.4.22.pdf (CFW Internal)