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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: June 12, 2001

Subject/Title: Authorize the City Manager to enter into a contract with Hanson Associates to complete the implementation of the Enterprise Asset Management (EAM)/ Computerized Maintenance Management System (CMMS), a software system for the Public Works Department.

Submitted by: Jon Carlson, Public Works Department

Approved by: Jon Elam, City Manager


RECOMMENDATION 
Authorize the City Manager to enter into a contract with Hanson Associates to complete the implementation of the Enterprise Asset Management (EAM)/Computerized Maintenance Management System (CMMS), a software system for the Public Works Department.

PREVIOUS ACTION
On November 14, 2000, the City Council Approved Resolution 2195, authorizing Public Works to move forward with the purchase of the EAM/CMMS (Attachment A).

BACKGROUND
Council approved the purchase of the software, Mainsaver from Cayenta, that requires detailed lists of every asset within the City and detailed work plans along with descriptions of each work order. In order to accumulate this data and create work plans and generate the work orders required to run this system, the City has enlisted the help of Tom Hanson of Hanson Associates. Tom is a consultant who has assisted the City on numerous other projects, including the RFP for the landscaping contract, LLD’s, and customer service training.

We have selected Tom Hanson of Hanson Associates because of his extensive experience in Public Administration and Public Works operations. He has been providing advice and insight throughout the whole software selection process including creating and distributing the RFP and the overseeing the review process. We have an excellent working relationship with him and feel he can provide the expertise and training necessary to properly rollout the software system.

To date Tom Hanson of Hanson Associates has identified all the City assets and created work plans for water and streets. In order to finish the rollout of the new software, we must complete the work plans for the Streets and the Wastewater Divisions, as well as, finalize the work order process. Then as we implement the new software, his assistance will be required to tie together all of the systems and ensure the process is working smoothly.

In the past, a contract was never created. His work had been broken into small segments and purchase orders were issued to cover his work. Direct work on the project to date totals approximately $48,000, while indirectly related tasks tally $51,000.

Staff plans to establish a contract with Hanson Associates for the final phases of implementation (see Attachment B). The amount of the final contract is $24,900 and is broken down in the Scope of Work with Attachment B.

Attachments

City of Brentwood Public Works Department
Mainsaver Implementation and Training Project
Project outcomes:
· Mainsaver is fully functional as maintenance management and timekeeping system for streets and collections, water production and distribution and fleet maintenance work units
o PM, route, routine and seasonal work orders built and linked work procedures 
o Work orders associated with appropriate assets or asset groups and scheduled 
o Customer web interface operational with routine communication by email, phone or postcard established
o Base queries and report built or modified from “canned” versions
· Supervisors, lead workers and administrative staff fully trained and able to operate system effectively
o Procedure manual developed in time for initial training session
o Staff demonstrates competency in:
§ Approving, scheduling and assigning work
§ Managing backlogs
§ Closing work orders
§ Planning and budgeting work
§ Inspecting, evaluating and reporting outcomes
Work program:
Task 1.1: Build PM groups 
The consultant will build 30 to 50 “PM Groups” in Mainsaver. PM groups allow single work orders to issued for logical groups of work such as “Replace all regulatory sign faces in map grids A6 through F8” or “Repaint all crosswalks and pavement messages in school zones.”
Task 1.2: Build seasonal, PM, routes, and frequently used request WO 
The consultant will build about 200 work orders for seasonal work (storm patrol, leaf removal), preventative maintenance (lube and service motor at Well 6 or 3,000 mile service on Vehicle 256), routes (Sweep streets in 3A or collect water quality samples at stations 1 – 8), and routine demand maintenance (pothole patching, graffiti removal). 
Task 1.3: Identify and link references
The consultant will link the standard work procedures, performance standards and outcome measurements to the work orders along with appropriate safety guidelines (traffic control plans, lock out – tag out), technical drawings, manufacturer data sheets, MSDS, standard specifications or other information to increase safety, productivity and work quality.
Task 1.4: Assign crew time, materials, equipment, contractors (200)"
The consultant will assign appropriate materials, crew time, equipment or contractors to each work order. Pre-assignment enables the system to request materials, equipment or contractors prior to the job date and will not permit scheduling unless the resources are available. This function links directly to purchasing and inventory modules.
Task 1.5: Associate work orders with assets 
The consultant will associate the completed work orders (about 200) with appropriate assets (main motor at Well 6) or asset groups (legends in map grids D3 – D8) (about 16,000). The system permits the association of one work with many assets or asset groups. 
Task 1.6: Link to payroll system 
The consultant will build links to the payroll system to streamline the time entry and accounting for Public Works field personnel. All time reported on work orders and through Mainsaver’s time reporting module will be uploaded to the payroll system on a schedule and in a format approved by payroll staff.
Task 1.7: Schedule work orders
When the work orders have been built and linked to assets or asset groups, the consultant will set up schedules for all PM and route work orders.
Task 1.8: Web request form enabled
The consultant will work with Information Services staff to post an Internet / intranet web work request form. Other City staff and residents will be able to request service and monitor the status of each request on line. In addition, automatic email response can be sent at specific points (work scheduled, work completed, etc.). This component will be modified to support telephone and postcard communications also.
Task 1.9: Build queries and reports
The consultant will build queries and reports to facilitate effective use of system data by supervisory and administrative personnel.
Task 2.1: Develop procedures manual
The consultant will develop a procedures manual for operation of the new system including all codes, asset structure, cost centers, the procedures for work approval, scheduling, close out and reporting.
Tasks 2.2 – 2.7: Bi-weekly skill development for supervisors and administrative personnel
The consultant will conduct bi-weekly training and review sessions with Public Works staff to develop competencies in the following areas:
· Approving requests, assigning and scheduling work
· Managing backlogs
· Closing work orders
· Inspecting, evaluating and reporting
· Online requests and communicating with the clients
· Using with scheduling meeting
Tasks 2.8: Demonstration for management personnel
The consultant will prepare and deliver a demonstration for City management personnel highlighting the main functionalities of the Mainsaver and its potential to increase productivity, reduce costs and prolong asset life.
Schedule
Assuming a start date not later than 1 June 2001, the technical implementation items (Tasks 1.1 to 1.9) will be completed by 2 July 2001. Training tasks (2.1 through 2.8) will be completed by 31 August 2001. 
Cost
The fee for services in Tasks 1 its subtasks will not exceed $19,500. Tasks 2 and its subtasks will not exceed $5,000. The charges include mileage, telephone and other overhead costs. Consultant will bill monthly for services.
The costs assume the existence of certain City documents such as safety plans, standard specifications, maps and technical drawings. Development of these resources by consultant will be billed as additional tasks. Additional tasks will be billed at $100.00 per hour. Certain out-of-pocket expenses such as printing, duplicating, binding of documents or similar costs will be billed at the consultant’s actual cost. 

ATTACHMENT “B”

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
OF TOM HANSON, HANSON ASSOCIATES MANAGEMENT & TECHNOLOGY CONSULTING

This Agreement, made and entered into this 1st day of June 2001, by and between the CITY OF BRENTWOOD municipal corporation existing under the laws of the State of California, hereinafter referred to as “CITY”, and Hanson Associates Management & Technology Consulting, with an office at Danville, California, hereinafter referred to as CONSULTANT”.

RECITALS

A. CITY desires certain professional consultant services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 – SCOPE OF SERVICES

The scope of services to be performed by CONSULTANT under this agreement is for professional services on an as-needed basis for Mainsaver Implementation and Training, as may be required by the CITY.

SECTION 2 – DUTIES OF CONSULTANT

CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.

CONSULTANT represents that it is qualified to furnish the services described under this agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

It is understood that Tom Hanson will be the designated representative providing services to the City and this designated representative shall not be replaced without the City’s approval.

SECTION 3 – DUTIES OF CITY

CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT’S work.

SECTION 4 – TERM

The services to be performed under this agreement shall commence on June 1, 2001 and be completed on August 31, 2001.

SECTION 5 – PAYMENT

Payment shall be made by CITY only for services rendered and upon submission of a payment request and CITY approval of the work performed. The CITY shall pay the CONSULTANT at the rates and for the hours actually performed by the CONSULTANT in accordance with the rates set forth in Exhibit “A” not to exceed $37,900.00. Anything above $37,900.00 must be approved by the Public Works Director and will be paid at a rate of $100.00 per hour.

SECTION 6 – TERMINATION

Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this agreement or suspend work on the Project for any reason upon ten (10) days’ written notice to CONSULTANT. CONSULTANT agrees to cease all work under this agreement upon receipt of said written notice.

Upon termination and upon CITY’S payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation. Upon termination or expiration of this agreement, the obligations of the parties shall cease, save and except from those provided under Sections 7,8,10, 11, 12, 14, 15, and 16.

SECTION 7 – OWNERSHIP OF DOCUMENTS

All documents prepared by CONSULTANT in the performance of this agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not. Use of the instruments of professional service by City for other than the project, is at CITY’S sole risk without legal liability or exposure to CONSULTANT.

SECTION 8 - CONFIDENTIALITY

All reports and documents prepared by CONSULTANT in connection with the performance of this agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.


SECTION 9 – INTEREST OF CONSULTANT

CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this agreement.

SECTION 10 – CONSULTANT’S STATUS

It is expressly agreed that in the performance of the professional services required under this agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this agreement.

SECTION 11 – INDEMNITY

CONSULTANT, in the performance of professional services, under this Agreement shall indemnify, defend, and hold harmless CITY, its directors, officers, employees and agents from any claim, loss, injury, damage, and expense and liability to the extent arising out of the negligence, errors, omissions, or wrongful acts of CONSULTANT, its employees, subcontractors, or agents. For liability for other liability arising out of professional services, CONSULTANT shall indemnify, defend, and hold harmless, CITY, its directors, officers, employees, and agents from any loss, injury, damage, and expense and liability resulting from injury to or death of any person and loss of or damage to property, or claim of such injury, death, loss or damage, caused by an act or omission in the performance under this Agreement by CONSULTANT, its employees, subcontractors, or agents, except for any loss, injury, or damage caused by the active negligence or willful misconduct of personnel employed by CITY. 

SECTION 12 – INSURANCE

The CONSULTANT shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less than $500,000.00 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.
C. Errors and omissions insurance in the minimum amount of $1,000,000.00 aggregate.
D. Workers Compensation in at least the minimum statutory limits.
E. General Provisions for all insurance. All insurance shall:
1. Include the City of Brentwood, its elected and appointed officers, employees, and volunteers as additional insureds with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance.

2. Be primary with respect to any insurance or self-insurance programs of City, its officers, employees, and volunteers.
3. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance.
4. No changes in insurance may be made without the written approval of the City Attorney's Office.

SECTION 13 - NONASSIGNABILITY

Personal Services of Consultant: Both parities hereto recognize that this agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.

SECTION 14 - RELIANCE UPON PROFESSIONAL SKILL OF CONSULTANT

It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work and will perform the work agreed to be done under this agreement utilizing a specialist standard of care and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT'S work by CITY does not operate as a release of consultant from said obligation.

SECTION 15 - WAIVERS

The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money, which may become due hereunder shall not be deeded to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement of any applicable law or ordinance.

SECTION 16 - COSTS AND ATTORNEYS FEES

Attorney fees in an amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of the agreement. The above $5000 limit is the total of attorneys’ fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this agreement that neither party shall have to pay the other more than $5000 for attorneys’ fees arising out of an action, or actions to enforce the provisions of this agreement.

SECTION 17 - NON-DISCRIMINATION

CONSULTANT warrants that is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 18 - MEDIATION

Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

SECTION 19 - ARBITRATION

After mediation above, and upon agreement of the parties, any dispute or claim arising out of or relating to this agreement may be settled by arbitration in accordance with the Construction Industry Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The costs of arbitration shall be borne equally by the parties.

SECTION 20 - LITIGATION

CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT'S services under this agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT'S wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT'S standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES

All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: City of Brentwood
150 City Park Way
Brentwood, CA 94513

To CONSULTANT: 
Hanson Associates 
Management & Technology Consulting 210 Promenade Lane
Danville, CA 94506
925-648-9326

SECTION 22 – AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT

SECTION 23 – GOVERNING LAW

This agreement shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, CITY and CONSULTANT have executed this agreement the day and year first above written.


CITY OF BRENTWOOD 

___________________________
JON ELAM, CITY MANAGER 

CONSULTANT
___________________________ 

VICE PRESIDENT


APPROVED AS TO FORM:

__________________________
Dennis Beougher, City Attorney

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