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HomeMy WebLinkAboutContract 59054CSC No. 59054 FORT WORTH, Lake Como Aquatic Trash Interceptor Services Agreement This LAKE COMO AQUATIC TRASH INTERCEPTOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and STORMWATER SYSTEMS, INC. ("Contractor"), a Georgia corporation and acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." 1. Scope of Services. Services under this Agreement include engineering services, labor, materials and equipment necessary to provide for an aquatic floatable litter collection device(s) ("Services"), which are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. 2. Term. This Agreement begins on February 1, 2023 ("Effective Date") and expires upon completion of the Services as set forth in Exhibit "A," unless terminated earlier in accordance with this Agreement. 3. Compensation. City will pay Contractor in accordance with the provisions of this Agreement, including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed TWO -HUNDRED TWENTY-SIX THOUSAND, TWO HUNDRED EIGHTY-TWO DOLLARS AND 00/100 ($226,282.00). Contractor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not pay for any work performed by Contractor or its contractors, subcontractors, or suppliers that has not been specifically ordered by the City in writing. Contractor shall not be compensated for any work that is verbally ordered by any person. City will not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. 4. Reserved. 5. Termination. 5.1. Written Notice. City may terminate this Agreement at any time and for any reason by providing the Contractor with written notice of termination. Contractor may terminate this Agreement at any time for any reason by providing the City with thirty (30) days' written notice of termination. 5.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement will terminate on the last day of the fiscal period OFFICIAL RECORD Lake Como Aquatic Trash Interceptor Services Agreement CITY SECRETARY Storm Water Systems, Inc. FT. WORTH, Tx Page 1 of 12 for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 5.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Contractor for services actually rendered up to the effective date of termination and Contractor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Contractor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Contractor has received access to City Information or data as a requirement to perform services hereunder, Contractor will return all City provided data to City in a machine-readable format or other format deemed acceptable to City. 6. Disclosure of Conflicts and Confidential Information. 6.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full disclosure in writing of any existing or potential 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 immediately to make full disclosure to City in writing. 6.2 Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 6.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Contractor. It will be the responsibility of Contractor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 6.4 Unauthorized Access. Contractor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Contractor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 7. Right to Audit. Contractor agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Contractor involving transactions relating to this Agreement at no additional cost to City. Contractor agrees that City will have access during normal working hours to all necessary Contractor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. Lake Como Aquatic Trash Interceptor Services Agreement Storm Water Systems, Inc. Page 2 of 12 City will give Contractor reasonable advance notice of intended audits. 8. Reserved. 9. Independent Contractor. It is expressly understood and agreed that Contractor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor will 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, Contractors, and subcontractors. Contractor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, contractors, and subcontractors. Contractor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City will in no way be considered a Co -employer or a Joint employer of Contractor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Contractor, nor any officers, agents, servants, employees, contractors, or subcontractors of Contractor will be entitled to any employment benefits from City. Contractor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors. 10. Liability and Indemnification. 10.1 LIABILITY- CONTRACTOR WILLBELIABLEANDRESPONSIBLEFORANYANDALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 10.2 GENERAL INDEMNIFICATION- CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PR OPER TYDAMA GE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 10.3 INTELLECTUAL PROPERTY INDEMNIFICATION —Contractor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Contractor bears the cost and expense of payment for claims or actions against City pursuant to this section, Contractor will have the right to conduct the defense of any such claim or action and all Lake Como Aquatic Trash Interceptor Services Agreement Storm Water Systems, Inc. Page 3 of 12 negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Contractor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Contractor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Contractor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Contractor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Contractor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non -infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non -infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Contractor terminate this Agreement, and refund all amounts paid to Contractor by City, subsequent to which termination City may seek any and all remedies available to City under law. 10.4 ENVIRONMENTAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND, THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL: (A) ENVIRONMENTAL DAMAGES, AS DEFINED HEREIN, THAT ARE RELATED TO ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR LIABILITIES (INCL UDING STRICT LIABILITY) BY ANY PERSONS, AND (B) VIOLATIONS, ALLEGED VIOLATIONS, SUITS, OR CLAIMS RELATED TO ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR LIABILITIES (INCLUDING STRICT LIABILITY) BYANY PERSONS . 11. Assignment and Subcontracting. 11.1 Assignment. Contractor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor will be liable for all obligations of Contractor under this Agreement prior to the effective date of the assignment. 11.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Contractor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Contractor under this Agreement as such duties and obligations may apply. Contractor must provide City with a fully executed copy of any such subcontract. Lake Como Aquatic Trash Interceptor Services Agreement Storm Water Systems, Inc. Page 4 of 12 12. Insurance. Contractor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 12.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Contractor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non -owned. 12.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Contractor has obtained all required insurance will be delivered to the City prior to Contractor proceeding with any work pursuant to this Agreement. 13. Compliance with Laws, Ordinances, Rules and Regulations. Contractor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, Lake Como Aquatic Trash Interceptor Services Agreement Storm Water Systems, Inc. Page 5 of 12 ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor must immediately desist from and correct the violation. 14. Reserved. 15. Non -Discrimination Covenant. Contractor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder, it will 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 CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 16. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Julianne Ragland, Environmental Manager Code Compliance Department Environmental Management Division 200 Texas Street Fort Worth, TX 76102-6314 With copy to Fort Worth City Attorney's Office at same address To CONTRACTOR: Storm Water Systems, Inc. Attn: Gary Hopkins, President 196 Industrial Boulevard Cleveland, Georgia 30528 ghopkins@stormwatersystems.com 17. Solicitation of Employees. Neither City nor Contractor will, 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. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 18. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 19. No Waiver. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Lake Como Aquatic Trash Interceptor Services Agreement Storm Water Systems, Inc. Page 6 of 12 20. Governing Law / Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 21. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 22. Force Maieure. City and Contractor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, 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; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 23. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 24. 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 will not be employed in the interpretation of this Agreement or Exhibits A and B. 25. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 26. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 27. Warranty of Services. Contractor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Contractor's option, Contractor will either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Contractor for the nonconforming services. 28. Immigration Nationality Act. Contractor must verify the identity and employment Lake Como Aquatic Trash Interceptor Services Agreement Storm Water Systems, Inc. Page 7 of 12 eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Contractor, will have the right to immediately terminate this Agreement for violations of this provision by Contractor. 29. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced solely in conjunction with the services provided under this Agreement (collectively, "Work Product"). 30. Signature Authority. The person signing this Agreement hereby warrants that they have 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, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Contractor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 31. Change in Company Name or Ownership. Contractor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Contractor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 32. No Boycott of Israel. If Contractor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2271 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" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, 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 Agreement. 33. Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Lake Como Aquatic Trash Interceptor Services Agreement Storm Water Systems, Inc. Page 8 of 12 Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 34. Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 35. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 36. Entirety of Agreement. This Agreement contains the entire understanding and agreement between City and Contractor, their assigns and successors in interest, as to the matters contained 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. 37. Default. If Contractor fails to begin work or to complete work within the time specified, City shall have the right to take charge of and complete the work in such a manner as it deems appropriate. If the City exceeds the costs detailed herein, City may deliver to Contractor a written itemized statement of the excess costs and Contractor shall reimburse the City for such excess costs without delay. If at any time during the terms of this Agreement, the work of the Contractor fails to meet the specifications of this Agreement or to meet the standards of duty, care, or proficiency of a reasonable and competent Contractor, City may notify the Contractor of the deficiency in writing. Failure of the Contractor to correct such deficiency and complete the work required under this Agreement to the satisfaction of the City within ten (10) days after written notice shall constitute default, and shall result in termination of this Agreement. Contractor shall not be deemed to be in default because of any failure to perform under this contract if the failure arises solely from causes beyond the control of the Contractor and without any fault or negligence by the Contractor. Such causes shall include acts of God, acts of war or terrorism, fires, floods, epidemics, quarantine restrictions, labor strikes, freight embargoes, and events of unusually severe weather. (signature page follows) Lake Como Aquatic Trash Interceptor Services Agreement Storm Water Systems, Inc. Page 9 of 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: By•Valerie Washington (Mar 11, 202312:19 CST) Name: Valerie Washington Title: Assistant City Manager Date: 2023 APPROVAL RECOMMENDED: By:Juli Ragland (Mar 9, 2023 08:30 CST) Name: Julianne Ragland Title: Environmental Program Manager ATTEST A � By: Name Title: �.o4vopp�Il p� �FORT�o�dd ov0 o=o ddII� nEXA?a�p Jannette S. Goodall City Secretary CONTRACTOR: Storm Water Systems, Inc. By: VaryHopl s(Mar9, 2309,16 EST) Name: Gary Hopkins Title: President Date: March 9 , 2023 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:16---� Name: Title: Nixalis Benitez Environmental Supervisor APPROVED AS TO FORM AND LEGALITY: By: &z. Name: Title: Matthew A. Murray Assistant City Attorney CONTRACT AUTHORIZATION: M&C: M&C 23-0016 (January 10, 2023) Form 1295: 2022-929367 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Lake Como Aquatic Trash Interceptor Services Agreement Storm Water Systems, Inc. Page 10 of 12 EXHIBIT A SCOPE OF SERVICES Contractor shall provide "aquatic floatable trash interceptor(s)" for the Lake Como project area located at approximately the following coordinates, 32.727945,-97.399274. Storm Water Systems, Inc. will install a "Bandalong 320" trash trap technology unit at the pre -determined Lake Como location generally located at 3101 Lake Como Drive, Fort Worth, Texas. The installed Storm Water Systems, Inc. "Bandalong Model 320" boom will carry a limited ten (10)-year warranty for material and workmanship while the metal components used to construct the unit will be warranted for a one-year period. Storm Water Systems, Inc. will provide for the design of the project, which includes structural review of the project site location and trash trap installation ensuring the connections are adequate and the unit is capable of beginning operations. Bandalong 320 model will be secured to with standard 12" diameter by 60" deep ground anchors (X6) provided by Storm Water Systems, Inc. "Engineering Services" shall be further defined as: • Storm Water Systems co-owner and installation manager, Mark Kirves visited the Lake Como site and met with the City to discuss the site and location. Storm Water Systems has taken measurements and evaluated the hydraulic conditions of the proposed location in Lake Como. • The Bandalong 320 is an engineered product, originating in Australia. The Bandalong Litter Trap, designed by a mechanical engineer, has proven itself internationally over a wide range of hydraulic conditions. • The materials for construction of the Bandalong Litter Trap are designed for both corrosion and floatation. • All aluminum structural welding used in the frame and basket is performed by an ISO 9001 manufacturer. Other aluminum welding standards may apply. • All HDPE welding used in both floatation booms and collection booms performed by welders qualified to AWS/ANSI 132.4 standard. • Storm Water Systems has over 10 years' experience in manufacturing and installing the Bandalong Litter Traps throughout the United States for municipalities and educational institutions. • All manufacturing and installation of the Bandalong Litter Trap will meet or exceed international standards for instream litter traps. Lake Como Aquatic Trash Interceptor Services Agreement Storm Water Systems, Inc. Page 11 of 12 EXHIBIT B COST PROPOSAL Prices for professional services rendered under this Agreement will be as specified in attached Request for Proposal, ENV 22-03: Lake Como including all labor, equipment, and materials necessary to perform the service. The total fee for services under this Agreement shall not exceed TWO - HUNDRED TWENTY-SIX THOUSAND, TWO HUNDRED EIGHTY-TWO DOLLARS AND 00/100 ($226,282.00). Remainder of Page Intentionally Left Blank Lake Como Aquatic Trash Interceptor Services Agreement Storm Water Systems, Inc. Page 12 of 12 M&C Review Page 1 of 3 A CITY COUNCIL AGEND Create New From This M&C DATE: 1/10/2023 REFERENCE NO.: **M&C 23-0016 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FoRT WORTH 19LAKE COMO BANDALONG M SUBJECT: (CD 3 / Future CD 6) Authorize a Change in Use and Expenditure of 2018-2019 Community Development Block Grant Funds Totaling $57,584.72 and Authorize the Execution of a Contract with Storm Water Systems, Inc. in the Amount of $226,282.00 for Engineering Services and the Installation of a Bandalong Litter Trap to Facilitate Collection and Removal of Floatable Aquatic Trash in Lake Como RECOMMENDATION: It is recommended that City Council: 1. Authorize a change in use and expenditure of 2018-2019 Community Development Block Grant Funds totaling $57,584.72; and 2. Authorize the execution of a contract with Storm Water Systems, Inc. in the amount of $226,282.00 for engineering services and the installation of a Bandalong Litter Trap to facilitate collection and removal of floatable aquatic trash in Lake Como. DISCUSSION: In November 2020, the City of Fort Worth selected the Como area as its fifth Neighborhood Improvement Program target area. As part of this program, funds were set aside by City Council to provide $3.19 million in funding for public safety, capital improvements, and neighborhood revitalization to the Como neighborhood. Stakeholder meetings were held between Como leadership, Neighborhood Services and Community Engagement Departments beginning in February 2021, with the first community meeting held in March 2021. Como residents also participated in workshops focused on area improvements and financial stability, which included learning the basics of property taxes, zoning, land use and practical steps for neighbors interested in participating in the public hearing process. All meetings and workshops helped to determine and shape the funding allocations for the specific improvement areas. Area improvements included the following: New Surveillance Cameras, Litter Abatement, Illegal Dumping Investigations, Horne Street Litter Containers, Substandard Building Team, Safe Neighborhood Team, Demolition of Structures, Lake Como Water Study, Structural Litter Control Program, Street Light Installations, Sidewalk Installations, Street Rehabilitation, Forestry Management, Street Tree Planting, and Lake Como Park Improvements. Each improvement area had specific action items identified as well as a proposed budget. Litter Abatement had a proposed budget of $187,500.00 in 2021 to fund UpSpire Teams with plans to complete the following action items: • Collect 78 tons of litter • Clear 2200 lane miles • Collect and dispose 65 tons of illegal dumping Upon further assessment of community needs, it was recommended to City staff to purchase and install a Bandalong Litter Trap. This is a floating device installed at strategic locations along waterways to collect and retain floating litter and other debris. The system operates silently without any mechanical assistance, capturing and retaining debris for removal and disposal. http://apps.cfwnet.org/council_packet/mc review.asp?ID=30644&councildate=l/l0/2023 3/14/2023 M&C Review Page 2 of 3 The City posted a Request for Proposals (RFP) for the collection and removal of floatable aquatic trash in Lake Como. This installation will be a pilot project to determine the effectiveness and efficiency of the installed device and the potential for usage elsewhere in the City. An RFP was advertised in the Fort Worth Star -Telegram on May 4, 2022 and May 8, 2022. No bid responses were received by the May 20, 2022 due date. A second RFP was advertised in the Fort Worth Star - Telegram on June 12, 2022 and June 19, 2022. A single response was submitted by the July 7, 2022 due date from Stormwater Systems, Inc. (Stormwater Systems) of Cleveland, Georgia. Stormwater Systems proposes installation of a "Bandalong Model 320 Aquatic Litter Trap" for the Lake Como reference site. The submittal form was reviewed and rated, by committee, based on the published weighted selection criteria as set forth in the RFP and was selected as the qualified provider, based on demonstrated competence and qualifications provided in the Statement of Qualifications (SOQ) to perform the services in accordance with Chapter 2254 of the Texas Government Code. The estimated cost of this device and the necessary engineering and design services is $226,282.00. The current available balance in the Neighborhood Improvement Program budget is $168,697.28. In partnership with the Code Compliance Department, responsible for overseeing purchase and installation, the Neighborhood Services Department proposes to reallocate $57,584.72 of Community Development Block Grant (CDBG) PY2018 unprogrammed funds for the purchase of the Bandalong Litter Trap. The CDBG grant and Action Plan funding year shown in the funding tables may vary and be substituted based on the principle of First In, First Out (FIFO) and consistent with all HUD regulations and guidance, in order to expend oldest grant funds first. Funds From: Action Plan Year(s) Program Amount(s) not to Exceed 2018-2019 City of Fort Worth - Unprogrammed Funds (CDBG) $57,584.72 Funds To: Action Plan Year(s) Program Amount(s) not to Exceed 2018-2019 Lake Como Neighborhood Improvement Strategy Area $57,584.72 Funding is budgeted in the Neighborhood Services unprogrammed funds within the Grants Operating Federal Fund for the CDBG (PY18-19) project and in the Code Compliance Department's General Capital projects fund for the purpose of funding the Lake Como Bandalong project, as appropriated. A 30-day public comment period was held from October 14, 2022 to November 14, 2022. Notice of this public comment period was published in the Fort Worth Star -Telegram on October 13, 2022. This project is in Council District 3 and will in the future be located in Council District 6. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Grants Operating Federal Fund for the CDBG (PY18-19) project and in the General Capital Projects Fund for the Lake Como Bandalong project to support the approval of the above recommendations and execution of the contract. Prior to any expenditure being incurred, the Neighborhood Services and Code Compliance Departments have the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30644&councildate=1/10/2023 3/14/2023 M&C Review Page 1 of 3 A CITY COUNCIL AGEND Create New From This M&C DATE: 1/10/2023 REFERENCE NO.: **M&C 23-0016 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FoRT WORTH 19LAKE COMO BANDALONG M SUBJECT: (CD 3 / Future CD 6) Authorize a Change in Use and Expenditure of 2018-2019 Community Development Block Grant Funds Totaling $57,584.72 and Authorize the Execution of a Contract with Storm Water Systems, Inc. in the Amount of $226,282.00 for Engineering Services and the Installation of a Bandalong Litter Trap to Facilitate Collection and Removal of Floatable Aquatic Trash in Lake Como RECOMMENDATION: It is recommended that City Council: 1. Authorize a change in use and expenditure of 2018-2019 Community Development Block Grant Funds totaling $57,584.72; and 2. Authorize the execution of a contract with Storm Water Systems, Inc. in the amount of $226,282.00 for engineering services and the installation of a Bandalong Litter Trap to facilitate collection and removal of floatable aquatic trash in Lake Como. DISCUSSION: In November 2020, the City of Fort Worth selected the Como area as its fifth Neighborhood Improvement Program target area. As part of this program, funds were set aside by City Council to provide $3.19 million in funding for public safety, capital improvements, and neighborhood revitalization to the Como neighborhood. Stakeholder meetings were held between Como leadership, Neighborhood Services and Community Engagement Departments beginning in February 2021, with the first community meeting held in March 2021. Como residents also participated in workshops focused on area improvements and financial stability, which included learning the basics of property taxes, zoning, land use and practical steps for neighbors interested in participating in the public hearing process. All meetings and workshops helped to determine and shape the funding allocations for the specific improvement areas. Area improvements included the following: New Surveillance Cameras, Litter Abatement, Illegal Dumping Investigations, Horne Street Litter Containers, Substandard Building Team, Safe Neighborhood Team, Demolition of Structures, Lake Como Water Study, Structural Litter Control Program, Street Light Installations, Sidewalk Installations, Street Rehabilitation, Forestry Management, Street Tree Planting, and Lake Como Park Improvements. Each improvement area had specific action items identified as well as a proposed budget. Litter Abatement had a proposed budget of $187,500.00 in 2021 to fund UpSpire Teams with plans to complete the following action items: • Collect 78 tons of litter • Clear 2200 lane miles • Collect and dispose 65 tons of illegal dumping Upon further assessment of community needs, it was recommended to City staff to purchase and install a Bandalong Litter Trap. This is a floating device installed at strategic locations along waterways to collect and retain floating litter and other debris. The system operates silently without any mechanical assistance, capturing and retaining debris for removal and disposal. http://apps.cfwnet.org/council_packet/mc review.asp?ID=30644&councildate=l/l0/2023 3/14/2023 M&C Review Page 2 of 3 The City posted a Request for Proposals (RFP) for the collection and removal of floatable aquatic trash in Lake Como. This installation will be a pilot project to determine the effectiveness and efficiency of the installed device and the potential for usage elsewhere in the City. An RFP was advertised in the Fort Worth Star -Telegram on May 4, 2022 and May 8, 2022. No bid responses were received by the May 20, 2022 due date. A second RFP was advertised in the Fort Worth Star - Telegram on June 12, 2022 and June 19, 2022. A single response was submitted by the July 7, 2022 due date from Stormwater Systems, Inc. (Stormwater Systems) of Cleveland, Georgia. Stormwater Systems proposes installation of a "Bandalong Model 320 Aquatic Litter Trap" for the Lake Como reference site. The submittal form was reviewed and rated, by committee, based on the published weighted selection criteria as set forth in the RFP and was selected as the qualified provider, based on demonstrated competence and qualifications provided in the Statement of Qualifications (SOQ) to perform the services in accordance with Chapter 2254 of the Texas Government Code. The estimated cost of this device and the necessary engineering and design services is $226,282.00. The current available balance in the Neighborhood Improvement Program budget is $168,697.28. In partnership with the Code Compliance Department, responsible for overseeing purchase and installation, the Neighborhood Services Department proposes to reallocate $57,584.72 of Community Development Block Grant (CDBG) PY2018 unprogrammed funds for the purchase of the Bandalong Litter Trap. The CDBG grant and Action Plan funding year shown in the funding tables may vary and be substituted based on the principle of First In, First Out (FIFO) and consistent with all HUD regulations and guidance, in order to expend oldest grant funds first. Funds From: Action Plan Year(s) Program Amount(s) not to Exceed 2018-2019 City of Fort Worth - Unprogrammed Funds (CDBG) $57,584.72 Funds To: Action Plan Year(s) Program Amount(s) not to Exceed 2018-2019 Lake Como Neighborhood Improvement Strategy Area $57,584.72 Funding is budgeted in the Neighborhood Services unprogrammed funds within the Grants Operating Federal Fund for the CDBG (PY18-19) project and in the Code Compliance Department's General Capital projects fund for the purpose of funding the Lake Como Bandalong project, as appropriated. A 30-day public comment period was held from October 14, 2022 to November 14, 2022. Notice of this public comment period was published in the Fort Worth Star -Telegram on October 13, 2022. This project is in Council District 3 and will in the future be located in Council District 6. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Grants Operating Federal Fund for the CDBG (PY18-19) project and in the General Capital Projects Fund for the Lake Como Bandalong project to support the approval of the above recommendations and execution of the contract. Prior to any expenditure being incurred, the Neighborhood Services and Code Compliance Departments have the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30644&councildate=1/10/2023 3/14/2023 M&C Review Page 3 of 3 Irtment I Account ID E Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 19LAKE COMO BANDALONG funds availabi Budget Keterence ;q Year (Chartfield 2 Fernando Costa (6122) Victor Turner (8187) Sharon Burkley (5785) Terrance Jones (7563) (CFW Internal) 19LAKE COMO BANDALONG Updated FID.xlsx (CFW Internal) Form 1295 Certificate Storm Water Systems.pdf (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30644&councildate=l/l0/2023 3/14/2023