HomeMy WebLinkAboutContract 62566City Secretary Contract No. 62566
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NON-EXCLUSIVE VENDOR SERVICES AGREEMENT
This NON-EXCLUSIVE VENDOR 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 ENERCON SERVICES, INC.
("Vendor"), an Oklahoma Corporation and acting by and through its duly authorized representative, each
individually referred to as a"party" and collectively referred to as the "parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
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This Vendor Services Agreement;
Exhibit A— Scope of Services;
Exhibit B— City of Fort Worth Remedial Design Projects;
Exhibit C — Payment Schedule
Exhibit D— City's RFQ No. ENV 24-02
E�ibit E— Contractor's Bid Response to City's RFQ No
Exhibit F— Verification of Signature Authority Form.
ENV 24-02; and
Exhibits A, B, C, D, E, and F which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B,
C, or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of
this Agreement shall control.
1. Scoqe of Services. Vendor shall provide professional services far environmental and
engineering design and consulting for the remediation of soil and groundwater at various sites across the
City ("Services"), which are set forth in more detail in Exhibit "A," attached hereto and incorporated herein
for all purposes.
2. Term. The initial term of this Agreement is for one year, beginning on the date the
Assistant City Manager signs this Agreement ("Effective Date") unless terminated earlier in accordance
with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this
Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s) (each a
"Renewal Term").
Compensation.
31 City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit "C," which is attached hereto and incorporated herein for all
purposes. Total compensation payable during the first year of the Initial Term to
all vendors who are awarded a non-exclusive agreement is an estiinated amount of
Four-Hundred Thousand Dollars and Zero Cents ($400,000.00). City may
OFFICIAL RECORD
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award the Agreement to multiple vendors. Vendor agrees that the City is not
required to provide any guarantee of any amount of compensation under this
Agreement. Vendor 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 will not be liable
for any additional expenses of Vendor not specified by this Agreement unless City
first approves such expenses in writing.
3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251 of
the Texas Government Code) and provisions of this Agreement, including Exhibit "C,"
which is attached hereto and incorporated herein for all purposes.
3.3 Following acceptance of the Services by the City, Vendor must provide the City with
a signed, readable invoice no later than 15 days after the end of the prior month
summarizing (i) the Service(s) that have been completed during the prior month; (ii)
purchase order number, and (iii) requesting payment. If the City requires additional
reasonable information, it will request the same promptly, in writing, after receiving
the above information, and the Vendor must provide such additional reasonable
information in writing, to the extent the same is available. Vendor must submit invoices
to Supplierinvoices@fortworthtexas.gov and ENV Purchasing@fortworthtexas.gov.
Invoices must include the applicable City Department business unit number and
complete City of Fort Worth Number (ex. FW013-0000001234).
3.3.1 The Vendor shall submit correctedlrevised invoices within seven
(7) calendar days after receiving written notice from the City for
a corrected/revised invoice.
3.32 Unpaid invoices and/or appeals for service performed throughout
the fiscal year (October 1- September 30) must be resolved within
thirty (30) days of the City's new fiscal year. Vendor shall provide
its invoices for the last month of the City's prior fiscal year
(September 1-30) no later 10 days after the start of the City's new
fiscal year (i.e. no later than October 10.) No previous year
invoices will be paid after October 30th of the current year.
3.4 Vendor 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 will not be liable for any additional expenses of
Vendor not specified by this Agreement unless City first approves such expenses in
writing.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-a�ropriation 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 Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
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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.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor 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, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, 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.
5.3 Public Information Act. City is a government enrity 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 far information marked Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor 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.
5.4 Unauthorized Access. Vendor 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. Vendor 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,
Vendor 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.
6. Right to Audit. Vendor 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 Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
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7. Indenendent Contractor. It is expressly understood and agreed that Vendor 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, Vendor 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, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor 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.
Liabilitv and Indemnification.
81 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL 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
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJIIRY, INCLIIDING DEATH, TO ANYAND ALL PERSONS, ARISING OLIT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAIISED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor 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 Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor will have the 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, 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 Vendor 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
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defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor will fully participate and cooperate
with City in defense of such claim or action. City agrees to give Vendor 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 Vendor'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, Vendor 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 andlor 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 Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
8.4 ENVIRONMENTAL INDEMNIFICATION: THE CITY AND VENDOR HEREBY RELEASE,
INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE OTHER PARTY, ITS
OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS, AGAINST ANY AND ALL
ENVIRONMENTAL DAMAGES, CLAIMS, AND THE VIOLATION OF ANY AND ALL
ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE REMOVAL, PACKAGING,
TRANSPORTING, AND DISPOSING OF ENVIRONMENTALLY HAZARDOUS MATERIALS,
WHICHARE NOT TO BE PROVIDED BY THE PARTIES.
8.4.1 Environmental Dan�ages shall mean all claims, judgments, dan�ages, losses, penalties,
fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of
investigation and defense of any claim, whether or not such claim is ultimately defeated,
and of any good faith settlement or judgments, of whatever kind or nature, contingeht
or otherwise, matured or unmatured, foreseeable or unforeseeable, including, without
limitation, reasonable attovney's fees and disbuvsements and consultant's fees, any of
which are incurred as a result of handling, collection, transportation, storage, disposal,
treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence
of a violation of environmental requirements pertaining to, and includir�g without
limitation:
8.4.1.1 Damages for personal injury and death, or injury to property or natural
resources;
8.4.1.2 Fees incurred for the ser�vices of attorneys, consultants, contractors, experts,
laboratories and all other costs in connection with the excavation, removal, and
backfill of possibly contarriinated soils and related wastes or violation of
environmental requirements including, but not limited to, the preparation of any
feasibility studies or reports of the performance of any cleanup, remediation,
rerrtoval, response, abatement, containment, closure, restoration, or monitoring
work required by any federal, state, or local governmental agency or political
subdivision, or otherwise expended in connection with the existence of such
wastes or violations of environmental requirements, and including without
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limitation any attorney's fees, costs, and expenses incurred in enforcing this
contract or collecting any sums due hereunder; and
8.4.1.3 Liability to any third person or governmental agency to indemnify such person
or agency for costs expended in connection with the iteins referenced in sub-
paragraph 2 of this part.
8.4.2 Environmental requirements shall rr�ean all applicable present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions, franchises, and similar items, of all governmental agencies,
departments, commissions, boards, bureaus, or instrumentalities of the United States,
states, and political subdivisions thereof and all applicable judicial, administrative, and
regulatory decrees, judgments, and orders relating to the protection of human health or
the environment, including without limitation:
8.4.2.1 All requirements, including, but not limited to, those pertaining to reporting,
licensing, perinitting, investigation, and remediation of emissions, discharges,
releases, or threatened releases of hazardous materials, pollutants,
contaminants, or hazardous or toxic substances, materials, or wastes, whether
solid, liquitl, or gaseous in nature, into the air, surface water, gYoundwater,
stormwater, or land, or relating to the manufacture, processing, distribution,
use, treatment, storage, disposal, tr�ansport, or handling of pollutants,
contaminants, or hazardous or toxic substances, materials, or wastes, whether
solid, liquid, or gaseous in nature; and
8.4.2.2 All requirements pertaining to the protection of the health and safety of
employees or the public.
Assignment and Subcontractin�.
91 Assi n_� Vendor 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 Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor 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:
10.1 Covera�e and Limits
(a) Commercial General Liability:
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$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 Vendor, 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.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
L[I�d
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
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, ofiicials, 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.
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(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 currentA.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.
( fl Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. ComUliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
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
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non-DiscriminaHon Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor'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 VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. 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, (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 CITY:
City of Fort Worth
Attn: Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102
To VENDOR:
Enercon Services, Inc.
Att: Rodney Malone-Environmental Supervisor
15770 North Dallas Parkway, Suite 400 Dallas,
TX 75248
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
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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.
15. 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.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement ar to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governin� 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.
18. Severabilitv. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions wi11 not in any way be
affected or impaired.
19. Force Maieure. City and Vendor 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.
20. Headin�s 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.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22. 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.
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23. 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.
24. Warrantv of Services. Vendor 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 Vendor's
option, Vendor 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 Vendor for the nonconforming
services.
25. Immigration Nationalitv Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor 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 Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. 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 in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of Ciry from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product will be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a"work-made-for-hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
27. Signature Authoritv. 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 Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Companv Name or Ownership. Vendor 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 Vendor 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
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resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Bovcott of Israel. Vendor acknowledges that in accardance 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, Vendor certifies that Vendor's signature provides written verification to the
City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
Agreement.
30. Prohibition on Boycotting Energv Comqanies. Vendor acknowledges that in accordance
with Chapter 2276 of the Texas Government Code, 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 Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is
applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides
written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement.
31. Prohibition on Discrimination A�ainst Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, 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 Vendor 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. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the
City that Vendor: (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.
32. 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.
33. Entiretv of A�reement. This Agreement, including all attachments and exhibits, contains
the entire understanding and agreement between City and Vendor, 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.
(signature page follows)
Non-Exclusive Vendor Services Agreement Page 11 of 16
Enercon Services, Inc.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
By: Valerie Washington (Jan 3, 202511:10 CST)
Name: Valerie Washington Title: Assistant City Manager
Date: Jan 3, 2025 2024 ------'
APPROVAL RECOMMENDED:
By: Name: Wyndie Turpen
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: Name: Roger Grantham Title: Environmental Supervisor
APPROVED AS TO FORM AND LEGALITY:
Title: Assistant Director, Services Department
. 1 M 6'4fMdc4� de/ Envrronmenta By: M. Kevin Anders, 11 (Jan 3, 202511:10 CST)
ATTEST:
� A �
By: U Name: Jannette Goodall Title: City Secretary
VENDOR:
Enercon Services, Inc.
By:
Name: Title:
Date:
Rodney Malone Environmental Supervisor
December 10, 2024
Non-Exclusive Vendor Services Agreement
Enercon Services, Inc.
Name: Kevin Anders Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 24-0895
Form 1295: 2024-1116520
Page 12 of16
City Secretary Contract No.
EXHIBIT A
SCOPE OF SERVICES
Soil and Groundwater Remediation Services
1. The work required under the Agreement includes, but is not limited to, the following tasks to be
performed at the locations identified in Exhibit B. The following task list is intended to be
illustrative, not exhaustive. The City reserves the right to order related services not listed below in
accordance with the terms of this Agreement.
a. General Tasks
i. Manage individual site-specific engineering, design, and construction for each soil
and/or groundwater remedial action;
ii. Act as oversight and liaison with subcontractors to ensure proper and timely
execution of required services;
iii. Prepare and submit all applications required by the TCEQ or EPA, permits, and
other necessary documentation associated with soil and/or groundwater remedial
activities;
b. Site Assessment Tasks
i. Define the nature and extent of chemical contamination impacts to soil and
groundwater, including source identification, monitoring/delineation, and
active/passive remediation (this may include the excavation, loading,
transportation, and disposal of impacted media);
ii. Conduct applicable site confirmation sampling necessary to perform define the
nature and extent of chemical contamination.
Remedial Investigation and Design Phase Tasks
i. Develop a site remediation strategy under the appropriate Texas Commission on
Environmental Quality (TCEQ) program by selecting the appropriate applicable
cleanup level for a particular site and overseeing the cleanup through to closure;
ii. Define groundwater water flow issues associated with complex subsurface
characteristics including natural and man-made features.
iii. Design, installation, and monitoring of subsurface systems for groundwater flow
control, groundwater treatment, and other groundwater related aspects of site
remediation;
iv. Prepare backfill design specifications with applicable density testing;
v. Prepare engineering design specifications regarding final usage of selected
remedial sites;
2. Vendor shall provide support for all environmental projects as needed, including professional grant
writing services to assist with identifying, preparing, and submitting grant applications for relevant
projects. Subcontractors may be used with prior approval, provided they meet the same professional
standards and adhere to all contract terms. All communications and deliverables shall be
professionally written, ensuring clarity, accuracy, and adherence to industry standards.
3. There is no guarantee of any work under this Agreement, however the types of work which the
Vendor will perform upon specific written authorization by the City shall include the above, and
related environmental and engineering consulting services.
Non-Exclusive Vendor Services Agreement Page 13 of 16
Enercon Services, Inc
EXHIBIT B
City of Fort Worth
Soil and Groundwater Remedial Design Projects
Project Project
Location Description
� Brennan Avenue Remediate benzene and arsenic contamination in
groundwater
2500 Brennan Avenue, Fort Worth, T
76106
2 Fort Worth Rifle & Pistol Club Remediate arsenic and lead contamination in soil
1950 Silver Creek Road, Fort Worth,
TX 76108
3 WinchesterRange Remediate arsenic and lead contamination in soil
9601 Fossil Rid e Road
4 Former Police Piszol Range Remediate arsenic and lead contamination in soil
9601 Fossil Ridge Road, Fort Worth,
TX 76135
5 Fort Worth Conventio�� Ce��ter Remediate benzo-a-pyrene contamination in soil
1201 Houston Street, Fort Worth, TX
76102
6 Evans Rosedale Remediate lead contamination in soil
1005 Evans Ave, Fort Worth, TX
76104
� Village CreekPeakOverflow Basin Remediate lead contamination in soil
SWAT Range
4500 Wilma Lane, Fort Worth, TX
76102
8 Petroleum Storage Tank Remediate TPH and related PST contaminants from
Removals from Service at soil and groundwater at related sites
Various Sites
1. 4100 Columbus Trail,
Fort Worth, TX 76133
2. 4209 Longstraw
Drive, Fort Worth, TX
76137
3. 10201 White
Settlement Road, Fort
Worth, TX 76144
4. 14650 Statler Blvd,
Fort Worth, TX,
76155
S. 2737 Meadowbrook
Drive, 76109
6. 4201 North Main St,
Fort Worth, TX 76106
City Secretary Contract No.
EXHIBIT F
VERIFICATION OF SIGNATURE AUTHORITY
RODNEY MALONE
15770 NORTH DALLAS PARKWAY, SUITE 400
DALLAS, TEXAS 75248
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any agreement,
amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order,
resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor
will submit an updated Form within ten (10) business days if there are any changes to the signatory
authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been
properly executed by Vendor.
Name: Rodney Malone
Position: Environmental Supervisor
��
� , /. ,
/
Signature
Name: Randall Lantz
Position: Senior Geologist
j�,�wa�µ``� ��rv� z
Signature
Name: Lance Meaux
Position: Principal Project Geologist
G1�i,C /�% ������
Signature
Name: Chris L. Stammen
Signature of President / CEO
Other Title: Sr. Vice President
Date:
Non-Exclusive Vendor Services Agreement
Enercon Services, Inc Page 16 of 16
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 10/15/2024 REFERENCE "�"�M&C 24-
NO.: 0895
Page 1 of 4
Official site of the City of Fort Worth, Texas
FflRT �'4'ORTH
�_
LOG NAME: 22SOIL & GROUNDWATER
REMEDIATION ENV 24-02
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of Non-Exclusive Agreements with Burns and McDonnell
Engineering Company, Inc., Enercon Services, Inc., Freese and Nichols, Inc, Modern
Geosciences, LLC, and Terracon Consultants, Inc., for Soil and Groundwater Remediation
Services at City-Owned Facilities and Sites for an Annual Amount Up to $400,000.00 and
Authorize Four One-Year Renewal Options in the Same Amount for the Environmental
Services Department
RECOMMENDATION:
It is recommended that the City Council authorize the execution of non-exclusive agreements with
Burns and McDonnell Engineering Company, Inc., Enercon Services, Inc., Freese and Nichols, Inc.,
Modern Geosciences, LLC., and Terracon Consultants, Inc., for soil and groundwater remediation
services at city-owned facilities and sites for an annual amount up to $400,000.00 and authorize four
one-year renewal options in the same amount for the Environmental Services Department.
DISCUSSION:
The Environmental Services Department released RFQ No. ENV 24-02 to establish an agreement for
professional environmental and engineering design and consulting services. These services are aimed
at remediating impaired soil and groundwater at various sites across the City. The RFQ included
detailed specifications outlining the project background, design scope, and vendor requirements.
The RFQ was advertised in the Fort Worth Star-Telegram on December 31, 2023, and January 7,
2024. A pre-qualification meeting was held on January 10, 2024. The City received nineteen (19)
responses.
An evaluation panel consisting of representatives from the Environmental Services Department
reviewed and scored the responses using Best Value criteria. The individual scores were averaged for
each of the criteria and the final scores are listed in the table below.
Evaluation Factors
Proposers
a
Braun Intertec �
Corporation � `' �
Burns & McDonnell 3C
Engineering
Company, Inc.
CDM Smith, Inc.
Earth Systems, LLC
ECS Southwest,
LLP
b c
20 23.
21 23,
30.3 17.
24 �
27.3 17.
31.3 24.
23.3
23.7
23.7
24
d e Total
Score
10
10
7.7 3
10
6.3
�
:�
::
�
�
i
http://apps.cfwnet.org/council packet/mc review.asp?ID=32601&councildate=l0/15/2024 12/31/2024
M&C Review
Enercon Services, I I
Inc. u
Ensolum, LLC 26.3 20 22.7
ESE Partners, LLC 25.7 17 19.7
Freese and Nichols, 30.3 23 23
Inc.
GEI Consultants, 23.7 20.3 24
Inc
GHD Services, Inc 23.3 20.
InControl 26.7 20.7 22.7
Technologies, LLC
LCA Environmental 2�•7 20.7 22.7
Modern 28 24 23.3
Geosciences, LLC
Rone Engineering 19.7 13 23
Services, LTD
Terracon 30.3 21.3 23.3
Consultants, Inc
TRC Environmental 30.3 18.7 23.3
Corporation
VRX, Inc 27•7 20.3 23.3
WSP USA 24 21.3 24
Environment &
Infrastructure Inc
Evaluation Criteria:
10 OI 7
�
10 0 72.
10 4.0 90
10 0�
80.3
80
83.7
87.3
61
89.7
82
85.7
81.7
10 2
10
10 2
10
5.3
10 4.
7 2.
10 4.
101 2
a. Contractor's Capabilities, Qualifications, Experience
b. Personnel's Capabilities, Qualifications, Experience
c. Subcontractor's Qualifications
d. Proposer's Legal History
e. Proposer's Work History with City
Page 2 of 4
After evaluation, the panel concluded that Burns and McDonnell Engineering Company, Inc., Enercon
Services, Inc., Freese and Nichols, Inc, Modern Geosciences, LLC, and Terracon Consultants, Inc.,
presented the best value and necessary coverage for the City. No guarantee was made that a specific
amount of services would be purchased. Staff certifies that the recommended vendor
meet specifications.
FUNDING: The maximum annual amount allowed under the agreement will be $400,000.00; however,
the actual amount used will be based on the needs of the department and the available
budget. Funding is budgeted in the Environmental Prot Cap Proj Fund for the Environmental Services
Department for the purpose of funding the Removal of Haz Materials, Petrol Storage Tank Imp,
Asbestos Abatement projects, as appropriated.
BUSINESS EQUITY: Burns and McDonnell Engineering Company Inc., is in compliance with the City's
Business Equity Ordinance by committing to 16\% MWBE participation on this project. The City's
MWBE goal on this project is 16\%.
http://apps.cfwnet.org/council packet/mc review.asp?ID=32601&councildate=l0/15/2024 12/3U2024
M&C Review
Page 3 of 4
BUSINESS EQUITY: Enercon Services, Inc. is in compliance with the City's Business Equity
Ordinance by committing to 16\% MWBE participation on this project. The City's MWBE goal on this
project is 16\%.
BUSINESS EQUITY: Freese and Nichols, Inc. is in compliance with the City's Business Equity
Ordinance by committing to 16.25\% MWBE participation on this project. The City's MWBE goal on
this project is 16\%.
BUSINESS EQUITY: Modern Geosciences, LLC is in compliance with the City's Business Equity
Ordinance by committing to 16.25\% MWBE participation on this project. The City's MWBE goal on
this project is 16\%.
BUSINESS EQUITY: Terracon Consultants, Inc. is in compliance with the City's Business Equity
Ordinance by committing to 20\% MWBE participation on this project. The City's MWBE goal on this
project is 16\%.
AGREEMENT TERMS: Upon City Council approval, this agreement will begin upon execution by the
Assistant City Manager and expire one year from that date.
RENEWAL TERMS: The agreement may be renewed for four (4) additional, one-year terms. This
renewal action does not require specific City Council approval, provided that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does
not require specific City Council approval as long as sufficient funds have been appropriated.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the Environmental Prot Cap Proj Fund for the Removal of Haz Materials, Petrol
Storage Tank Imp and Asbestos Abatement projects to support the approval of the above
recommendation and award of the contract. Prior to any expenditure being incurred, the
Environmental Services Department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
� ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID , ID i Year ,(Chartfield 2)
Submitted for Citv Manaqer's Office bv: Valerie Washington (6199)
Oriqinatinq Department Head:
Additional Information Contact:
ATTACHMENTS
Cody Whittenburg (5455)
Wyndie Turpen (6982)
Nixalis Benitez (8570)
1295 ALL Vendors ENV 24-02.pdf (CFW Internal)
22SOIL & GROUNDWATER REMEDIATION ENV 24-02.docx (CFW Internal)
http://apps.cfwnet.org/council packet/mc review.asp?ID=32601&councildate=l0/15/2024 12/3U2024