HomeMy WebLinkAboutContract 55478CSC No. 55478
AN AGREEMENT FOR BACKFLOW CUSTOMER SERVICE INSPECTIONS
FOR THE CITY OF FORT WORTH
This 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, Parker and Wise Counties, Texas,
as executed by Dana Burghdoff, its duly authorized Assistant City Manager, and Hardin & Associates ("Contractor"),
a Texas Corporation, as executed by Hadd'I Bayo its duly
authorized_�gin _ring �anager , each individually referred to as a"party" and collectively referred
to as the "parties."
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
1. This Agreement
2. Exhibit A: Scope of Work and Unit Prices
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes. In the event of any
conflict between the documents, the terms and conditions of this Agreement shall control.
1. SCOPE OF SERVICES.
Contractor hereby agrees to provide the City with backflow customer service inspections in accordance with Texas
Administrative Code (TAC), Title 30, Chapter 290.44 and Chapter 290.46(j) for the purposes of:
Ensuring continued compliance with all applicable Texas Commission on Environmental Quality (TCEQ)
regulations;
To protect public health by identifying and preventing backflow cross-connections to the potable water
supply;
To comply with the TCEQ requirements for the City to provide customer service inspections for cross-
connection control in the following circumstances:
a. Water service is provided to a newly constructed facility;
b. After any material improvement to buildings or premises;
c. Any correction or addition to the plumbing of any facility or premises; and
d. When the City deems an inspection or re-inspection necessary.
Prices.
These services shall be provided as more particularly described in Exhibit "A," Scope of Services and Unit
Contractor warrants that it will exercise reasonable skill, care and diligence in the performance of its services and
will carry out its responsibilities in accordance with customarily accepted professional practices and applicable laws.
Contractor agrees that no other terms and conditions shall apply notwithstanding the language in Contractor's quotation.
2. TERM.
This Agreement shall begin on the date executed by the City Secretary (`Bffective Date") and Contractor and shall
expire on September 30, 2021, unless terminated earlier in accordance with this Agreement. The City inay exercise two
(2) one-year options to renew at the prices shown in Exhibit "A".
3. COMPENSATION.
The City shall pay Contractor an amount not to exceed one hundred thousand dollars ($100,000) per contract
year for services in Exhibits "A". Payment shall be made in accordance with Task 5 in Exhibit "A". Cit shall not be
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expense in
writing.
4. TERMINATION.
4.1. Written Notice.
The City or Contractor may terminate this Agreement at any time and for any reason by providing the
other party with thiriy (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 Contractor 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 Obli�ations of the Parties.
In the event that this Agreement is terminated priar to the Expiration Date, the City shall pay Contractor
for services actually rendered up to the effective date of termination and Contractor 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.
4.4 No Waiver of Ri�hts and Remedies
The City does not waive any rights or remedies to any damages or costs if the Contractor terminates prior
to the end of the agreement period.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing conflicts
of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the
Effective Date of this Agreement, Contractor hereby agrees promptly to make full disclosure to the City in writing upon
its first knowledge of such conflict. Contractor, 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 pariy
without the prior written approval of the City, except to the extent that such disclosure is required by applicable law or
court order and then only after prior notice to and consultation with the City. Contractor shall store and maintain City
Infarmation in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Contractor shall notify the City promptly if the security or integrity of any City information has
been compromised or is believed to have been compromised.
6. RIGHT TO AUDIT.
Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this
Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers
and records of the Contractor involving transactions relating to this Agreement at no additional cost to the City. Contractor
agrees that the City shall have access during normal working hours to all necessary Contractar facilities and shall be
provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section.
The City shall give Contractar at least thirty (30) days' advance notice of intended audits.
Contractor further a�ees 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, ha�e
access to and the right to exainine at reasonable times any directly pertinent books, documents, papers and records of such
subcontractor involving 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
audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended
audits.
The audit rights conferred by this section shall not permit the City to access records related to the pricing of
fixed-price or lump sum amounts, the build-up of agreed rates or unit prices, or Contractar's estimating records.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor 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, Contractor shall have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractars
and subcontractors. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between the City,
its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, contractors and
subcontractors. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between City and Contractor.
8. LIABILITY AND INDEMNIFICATION.
CONTRACTOR SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND
ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES,
DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND
EXPENSES, FOR PERSONAL INJURIES (INCLUDING DEATH) AND THIRD-PARTY PROPERTY DAMAGE
TO THE EXTENT CAUSED BY THE NEGLIGENT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS,
AGENTS, EMPLOYEES, OR SUSCONTRACTORS IN THE PERFORMANCE OF SERVICES UNDER THIS
AGREEMENT. THE CONTRACTOR SHALL NOT BE OBLIGATED OR LIABLE TO THE CITY FOR ANY
CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEPT ITS OWN NEGLIGENCE THAT
IS THE FAULT OF THE CONTRACTOR, AND/OR ITS AGENTS, EMPLOYEES, OR SUBCONTRACTORS,
OR OTHERS FOR WHOM CONTRACTOR IS LEGALLY RESPONSISLE.
NOTWITI3STANDING THE FOREGOING, CONTRACTOR AGREES, TO THE FULLEST EXTENT
PERMITTED BY LAW, TO INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS AND
EMPLOYEES AGAINST COSTS, DAMAGES, OR LOSSES, INCLUDING REASONABLE ATTORNEYS' FEES
AND EXPENSES, RESULTING FROM CLAIMS BY THIRD PARTIES FOR PERSONAL INJURIES
(INCLUDING DEATH) OR PROPERTY DAMAGE TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS
OR OMISSIONS OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS IN
THE PERFORMANCE OF THIS AGREEMENT.
9. ASSIGNMENT AND SUBCONTRACTING.
Contractor shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the
prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement
with the City and the Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor
under this Agreement, and Contractor shall have no further liability or obligations under the assigned portion of the
Agreement. If the City grants consent to a subcontract, the Contractor shall require such subcontractor to execute a written
agreement with the Contractor referencing this Agreement and requiring subcontractor to be bound by duties and
obligations substantially similar to those of the Contractor under this Agreement as such duties and obligations may apply
to the subcontractor's scope of services. The Contractor shall provide the City with a fully executed copy of any such
subcontract upon request, with any financial and proprietary information redacted.
10. INSURANCE.
Contractar shall provide the City with certificate(s) of insurance documenting policies of the following coverage
limits that are to be in effect priar to commencement of any services pursuant to this Agreement:
� _ _ ___ _ _ _
10.1 Coverage and Limits
(a) �ommercial General Liability
$1,000,000 Each Occurrence
$2,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each accident on a combined single limit basis or
$250,000 Bodily injury per person
$500,000 Bodily injury per occurrence
$100,000 Property damage
Coverage shall be on any vehicle used by the Contractor, 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 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.
10.2 Certificates.
Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall
be delivered to the City prior to Contractor proceeding with any services pursuant to this Agreement. All
policies except Warkers' Compensation 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 thiriy
(30) days' notice of cancellation of coverage 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 Contractor's
insurance policies. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort
Worth, Texas 76102, with copies to the City Attorney at the same address.
10.3 Waiver of Subro�ation for Pr�erty Insurance.
The City and Contractor waive all rights against each other and their officers, officials, directors,
agents, or employees for damage covered by builder's risk insurance during and after the completion of
Contractor's services. If the services result in a construction phase related to the project, a provision similar
to this shall be incorporated into all construction contracts entered into by the City, and all construction
contractors shall be required to provide waivers of subrogation in favor of the City and Contractor for
damage or liability covered by any construction contractor's policy of property insurance, including
builder's risk provided by such contractor, if applicable.
___ __ ___
11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Contractor agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If
the City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall promptly desist
from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Contractor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the
consideration herein, agrees that in the performance of Contractor'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.
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 receipt requested, addressed as follows:
To The CITY:
City of Fort Worth
Attn: Chris Harder, Water Director
200 Texas Street
Fort Worth TX 76102-6311
Facsimile: (817) 392-8654
14. GOVERNMENTAL POWERS.
To CONTRACTOR:
Hardin & Associates
Haddijatou Bayo, Engineer Manager
2105 Luna Road, #310
Carrollton, Texas 75006
hbayo@hactexas.com
502-320-1033
It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its
governmental powers.
15. NO WAIVER.
The failure of the City or Contractor 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 Contractor's respective right to insist upon
appropriate performance or to assert any such right on any future occasion.
16. 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.
17. SEVERASILITY.
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.
18. FORCE MAJEURE.
The City and Contractor 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 maj eure), including, but not limited to, compliance with any govermnent 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.
19. 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.
20. 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 e�ibits hereto.
21. AMENDMENTS / MODIFICATIONS / EXTENSIONS.
No extension, modification or amendment of this Agreement shall be binding 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.
22. ENTIl2ETY OF AGREEMENT.
This Agreement contains all of the covenants, statements, representations and promises agreed to by the parties.
To the extent of any conflict, this Agreement supersedes the terms, conditions, and representations set forth in the City's
Request for Proposals, Contractor's Proposal and revised cost. No agent of either party has authority to make, and the
parties shall not be bound by, nor liable for, any covenant, statement, representation or promise not set forth herein. The
parties may amend this Agreement only by a written amendment executed by both parties.
23. 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 pariy, and that such binding authority has been granted by proper order, resolution, ordinance or
other autharization of the entity. The other pariy is fully entitled to rely on this warranty and representation in entering into
this Agreement.
24. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is
prohibited from entering into a contract with a company for goods or services unless the contract contains a written
verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001
ofthe Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides
written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract.
Signature Page
IN WITNESS WHEREOF, the parties hereto have fully executed this Agreement on the date signed by the City
Secretary as shown below.
CITY OF FORT WORTH
Davra Bur�h�foff
Dana Burghdoff( ar23,20211030 CDT)
Dana Burghdoff
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY
CGc�� R, L�ez-Re�iufC�%
Chnsta R Lopez-Reynolds (Mar23,202110:19 CDT)
Christa R. Lopez-Reynolds
Sr. Assistant City Attorney
APPROVAL RECOMMENDED:
CG��isto.�G�e� ffa��e�
C h rist� rd e r( M a r 17, 2021 07:40 C DT)
Chris Harder, P.E.
Water Department Director
ATTEST:
v��U ���
Mary Kayser
City Secretary
Date: M a r 30, 2021
NO M&C REQUIRED
HARDIN & ASSOCIATES
By: Haddi Bayo
Tltle: Enqineerinq Manaqer
Date: 03/09/2021
WITNESS:
o`�, C���
N31Ile: Lisa Allston
Title: Budget Analyst
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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.
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By: Micah Reed �
Title: Water Conservation Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
Scope of Services and Unit Prices
Qualifications
• Extensive experience in cross connection and prevention programs
• Be current on the most recent state and federal laws with regard to backflow prevention
• Be qualified and possess knowledge and experience working with TCEQ regulations, City Code and
other specific standards related to cross connection and prevention.
• Be capable of handling inspection load in a timely manner immediately upon contract award
Terms
• Agree to provide inspections between the hours of 8 a.m. to 5 p.m., Monday-Friday and weekend or
after-hours appointments as requested
• Agree to contact customer within 72 hours to arrange an appointment, confirm appointments the day
before, wait at least 15 minutes beyond scheduled appointment time before declaring customer a"no
show"
• Not use customer inspection appointments to sell services of company or similar companies
Task No. Description • Cost
Task 1: TCEQ 1.1 Conduct Residential customer compliance inspections and re- Included in Task 7
Compliance Inspections inspections for compliance.
and Re-Inspections on
New and Existing 1.2 Conduct commercial water use survey inspections and re-
Facilities inspections to
a. capture existing backflow prevention devices;
b. identify new backflow/cross-connection devices for annual
inspection;
c. identify any necessary corrective actions needed to
compliance; and
d. validate new backflow prevention devises, cross-
connections and lead issues.
Task 2: Inspection 2.1 Provide inspection letters (2) of findings and recommendations. Included in Task 7
Findings and
Recommendations 2.2 If violations found require correction, inspector must
a. inform customer of the violation and required corrective
actions needed to comply with city ordinance(s) by issuing
a notice of violation detailing the corrective actions needed
and provide a date (determined by the city) by which
corrections are to be completed;
b. advise customer that they are providing inspection services
for the city only;
c. provide customer with City of Fort Worth Water Quality
division contact information; and
d. advise customer to call a private plumber to correct the
violation.
Task 3: Certification 3.1 Complete customer service inspection certificate (provided by Included in Task 7
the city in Attachment A), completing all sections of the certificate
and signed by the inspector.
Task 4: Recordkeeping 4.1 Maintain database and provide required reports of compliance Included in Task 7
and non-compliance inspections results.
4.2 Document times and methods of contact made for no-show
a ointments.
Task 5: Invoicing 5.1 Batch invoices into one monthly invoice referencing appropriate Included in Task 7
CFW purchase order.
a. Include invoices reflecting inspections performed for only
that month.
b. Include original certificates and violation notices will be
included with each monthly invoice.
c. All inspections must be completed and invoiced no later
than September 30, 2021 unless extended by the City.
d. Invoices must include Company Name, Business and
mailing addresses, contact name and phone number.
e. Send to City via US. Mail within one (1) week of end of
month to:
City of Fort Worth Water Department
Cross Connection/Backflow Division
Attention: Micah Reed
City of Fort Worth Water Department
200 Texas St.
Fort Worth, TX 76102
Micah.reed(a�fortworthtexas �ov
Task 6: Outreach and 6.1 Provide public education stakeholder meetings (2) if needed. Included in Task 7
Training
62 Provide in-house backflow/cross-connection training for city
employees as needed'
a. 40-hour BPAT Course
Provides continuing education credits for:
32-hours for licensed BPAT
12-hours for licensed Water and WW Operators
12-hours for licensed Landscape Irrigators
12-hours for licensed Customer Service Inspectors
12-hours for Water Treatment Specialists
100-hours of training credit for Plumbing Inspectors
b. 24-hour BPAT Continuing Education Course
Provides continuing education credits for:
24-hours for licensed BPAT
8-hours for licensed Water and WW Operators
8-hours for licensed Landscape Irrigators
8-hours for Zicensed Customer Ser-vice Inspectors
8-hours for Water Treatment Specialists
c. 8-hour BPAT Practical Skills Refresher - Hands-on Course
Provides continuing education credits for:
8-hours for licensed BPAT
d. 8-hour Confined Space Course
Provides continuing education credits for:
8-hours for licensed BPAT
8-hours for licensed Water and WW Operators
8-houYs for licensed Landscape Irrigators Tech and
Inspectors 8-hours for Zicensed Customer Service
Inspectors
8-hours for OSSF installers, site evaluators,
designated Yep and maintenance providers 8-hours for
Leaking Pet�-oleum Storage Tank managers
8-hours for Municipal Solid Waste facility supervisors
8-houYs for Underground Storage Tank on-site
supervisors
e. 10-hour Customer Service Ins ector Course
_ _ __._ _ _ __ _ __ _ _ ._ _ .
Provides training for individuals who have met the
TCEQ requirements and wish to obtain a CSI Zicense.
Provides continuing education cYedits for.•
10-hours Zicensed BPAT
10-hours licensed Water Operators
' 10-hours licensed Customer Service Inspectors
10-hours licensed Code Enforcement O�cers and
Sanitarians
Task 7: Compensation Compensation price per inspection to include all labor, per diem,
materials and other costs associated with Tasks 1-5.
7.1 Administrative: include client reports and necessary ($45 per hr)
correspondence to complete required CSI compliance inspections.
7.2 Residential CSI compliance inspection and re-inspection" ($110 per inspection)"'
7.3 Commercial Water Use Surveys/4C compliance inspection and ($110 per hr)"'
re-inspection"
7.4 Cost per 40-hour backflow BPAT Course ($9000 per class, 15 max)
($7000 per class)
7.5 24-hour BPAT Continuing Education Course
($3500 per class)
7.6 8-hour BPAT Practical Skills Refresher - Hands-on Course
7.7 8-hour Confined Space Course ($3500 per class)
7.8 10-hour Customer Service Ins ector Course ($3750 er class
' Training Courses will be held at Fort Worth Training Facilities and capacity shall not exceed 20 students (with the
exception of the 40-hr course with a maximum class limit of 15 students due to testing portion).
"This includes HAC will conduct TCEQ Compliance Inspections and re-inspections as necessary using our Cross-
Connection Control Compliance (4C) inspection form. Inspections will include 4C inspections on new and existing
facilities for the purpose of validating existing, or requiring new, backflow prevention assemblies as identified from the
inspection. Inspection data will be made available for entry into the City's backflow data management system
"' plus any fees associated with submitting report data via VEPO or other proprietary vendor reporting process.
_ _ _ __ _