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Home My WebLink About025549 - General - Contract - Backflow Management, Inc.CITY SECRETARY CON7RACT NO . , �i.�� ,� AGREEMENT FOR CONSULTING SERVICES BETWEEN CITY OF FORT WORTH AND BMI - SOUTH CENTRAL FOR CROSS CONNECTION CONTROL SERVICES ,,2i`�DD THIS AGREEMENT is made, entered into and executed on �,�,u�<i��`�. �� .}�'by and between the City of Fort Worth, a municipal corporation situated 'n TarrantUCounty, Texas; acting by and through the duly authorized Assistant City Manager, hereinafter referred to as "City"and BMI - South Central acting by and through its duly authorized President, hereinafter referred to as "Consultant", to provide consulting services. WITNESSETH WHEREAS, City desires to employ a consultant to evaluate and notify City's Cross Connection Control Program (the Project); and WHEREAS, Consultant has the expertise to conduct such evaluation and has available and offers to provide personnel and facilities necessary to perform the services for the Project, and; NOW, THEREFORE, City and Consultant agree as follows: SECTION I- SERVICES OF THE CONSULTANT The City hereby contracts with Consultant as an independent contractor, and the Consultant hereby agrees to perform, within the professional standards normally accepted in the State of Texas, the professional services set out herein in connection with the Project as described in E�ibit A attached hereto and made a part hereof. In, during the course of performing the services, City and Consultant agree that it is necessary to make changes in the Project as described in E�ibit A, such changes will be incorporated in the Agreement by written amendment. SECTION II - SCOPE OF WORK A. BASIC SERVICES Consultant agrees to perform those tasks described in E�ibit A, Scope of Work, Compensation and Schedule. Unless modified in writing by the parties, the responsibilities of the Consultant shall not exceed the services listed in Exhibit A. B. ADDITIONAL SERVICES BMI - South Central Page 1 of 10 ��C��OC@l�d ��G�� ° � � I�o � � ��b, �. The City and Consultant agree that incidental services related to the Project, but not covered in E�chibit A, may be needed during performance of the Agreement. Such categories of service shall be classified as Additional Services and sha11 be undertaken under the terms of written amendments to the Agreement executed by City and Consultant or included in a separate contract executed by the parties hereto if the Consultant is selected to perform the Additional Services. SECTION III - SCOPE OF CITY SERVICES City agrees to provide facilities and equipment, and to perform services in connection with the Project as set forth below. Providing available information related to the Project. 2. Clerical assistance as needed. 3, The City sha11 arrange for consultant to have access to such public and private property as may be necessary for Consultant to perform the Services. The City, at it's expense, shall furnish approvals and permits from a11 governmental authorities having jurisdiction over the project and such approval and consents from others as may be necessary for completion of the project. SECTION IV - AUTHORIZATION. PROGRESS AND COMPLETION The City and Consultant agree that the project is planned to be completed in accordance with the project schedule set out in E�ibit A. The Consultant sha11 employ manpower and other resources and use professional skill diligence to meet the schedule; however, it shall not be responsible for schedule delays resulting from conditions beyond its control. With written mutual Agreement, the City and the Consurtant may modify the project schedule during the course of the project and if such modifications ai�ect the Consultant's compensation, it sha11 be modified accordingly, subject to City approval. For Additional Services, the authorization by the City shall be in writing and sha11 include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation therefore, a11 as agreed upon by the City and Consultant. It is understood that this agreement contemplates the full and complete services for this project including any and all services necessary to complete the work as outlined in E�ibit A other than Additional Services. Nothing contained herein sha11 be construed as authorizing additional fees for services necessary for the successful completion of this project other than Additional Services. The Consultant acknowledges by the execution of this contract that such B1VII - South Central Page 2 of 10 contingencies as may be deemed necessary and proper have been included in Exhibit A. SECTION V - COMPENSATION The total compensation for t ie services described in Exhibit A to be performed by the consultant shall not exceed $14,000,00. The City agrees to pay, and Consultant agrees to accept compensation in accordance with th�� methods and schedules set forth in Exhibit A. The City agrees to pay invoi��ed amounts within 30 days from the receipt of invoice. Any payment not received by Consultant within said 30 days sha11 be considered delinquent. The amounts considered delinquent sha11 be charged an interest rates of 1 1/2% per month for each month from the date of receipt of the original invoice. In the event that payment from the City is more than 90 days delinquent, Consultant may suspend a11 Services until the City brings account current. SECTION VI - SUBCONTRACTS Consultant shall be entitled, to the extent determined appropriate by the Consultant, to subcontract any portion of the service to be performed by Consultant under this Agreement. SECTION VII - ASSIGNMENT This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This Agreement may not be assigned by either the City or Consultant without the prior written consent of the other. Any such attempted assignment without prior consent sha11 terminate the Agreement. SECTION VIII - INTEGRATION This Agreement represents the entire understanding of the City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matter covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. SECTION IX - INDEPENDENT CONTRACTOR Consultant sha11 perform services hereunder as an independent contractor, and not as an officer, servant or employee of the City, and Consultant sha11 have the exclusive right to control services performed hereunder by Consultant, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herein shall be construed as creating a partnership or joint venture BMI - South Central Page 3 of 10 between the City and the Consultant, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as between the City and the Consultant. SECTION X- CONSULTANT' S LIMITED LIABILITY The City agrees that consultant's liability to the City and its agents, employees, and to all other third parties which may arise from or be due directly or indirectly to the negligent acts, errors, and/or omissions of consultant, its agents, employees or consultants sha11 be limited to a continued aggregate not to exceed the total amount paid in fees to consultant, save and �cept in instances or gross negligence or willful misconduct. SECTION XI - CITY' S PROJECT OFFICER The City's Project Officer shall act for the City and shall be identified in writing at the time the authorization to proceed is issued. SECTION XII - SUSPENSION OF SERVICES The City may suspend, in writing, a11 or a portion of the services provided under this Agreement in the event unforseen circumstances beyond the control of the City make normal progress in the performance of the services impossible. The Consultant may request that the services be suspended by notifying the City, in writing, of circumstances which are interfering with progress of the services. The time £or completion of the services shall be e�rtended by the number of days the services are suspended. In the event that the period of suspension exceeds 90 days, the terms of this Agreement are subject to renegotiation and both parties are granted the option to terminate services on the suspended portion of the project in accordance with Article XIII. SECTION XIII - TERMINATION OF SERVICES The City may terminate a11 or a portion of the services covered by the Agreement for its convenience. Either the City or Consultant may terminate services in the event the other party fails to perform in accordance with the provisions of this Agreement. Termination of this Agreement is accomplished by 30 days prior written notice from the party initiating termination to the other. Notice of termination shall be delivered by certified mail with receipt for delivery returned to the sender. In the event of termination, the Consultant sha11 perform such additional services as necessary for the orderly filing of documents and closing of the project. The additional time of filing and closing shall not exceed 10 percent of the total time expended on the terminated portion of the project and in any event shall not be less than 30 nor more than 60 days prior to the effective date of termination. BMI - South Central Page 4 of 10 Consultant shall be compensated on the basis of services actua.11y performed prior to the effective date of termination, plus the services required for filing and closing. Charges for the latter services are subject to the time limitation described in this Section XIII. SECTION XIV - CONSULTANTS' PROJECT OFFICER The Consultant's Project Officer, who sha11 be empowered to act for the Consultant in accordance with this Agreement in all matters relating to the technical administration of services to be provided, shall be the Consultant's duly appointed Client Officer. The Consultant shall identify the Client Officer to the City in writing. SECTION XV - RIGHT TO AUDIT Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this contract. Consultant agrees that the City sha11 have access during normal working hours to a11 necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. 2. Consultant further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, and papers and records of such subconsultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (C) hereof. City shall give subconsultants reasonable advance notice of intended audits. 3. Consultant and subconsultant agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies as follows: 50 Copies and under - 10 cents per page. 2. More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter. BMI - South Central Page 5 of 10 SECTION XVI - DBE GOALS The Consultant acknowledges its commitment to meet or make "good faith" ei%rt to meet the City of Fort Worth's goals for Disadvantaged Business Enterprises (DBE) participation in City contracts. SECTION XVII - AGE In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Consultant covenants that neither it nor any of its officers, members, agents, employees, program participant or subconsultants, while engaged in performing this contract, shall in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Consultant further covenants that neither nor its officers, members, agents, employees, subconsultants, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a ma�mum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Consultant warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subconsultants against City arising out of Consultants' and/or its subconsultants' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. SECTION XVIII -DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Consultant warrants that it and any and all of its subconsultants will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Consultant of any of its subconsultants. Consultant warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subconsultants against City arising out of Consultants and/or its subconsultants' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. BMI - South Central Page 6 of 10 SECTION XIX - VENUE Venue of any suit or cause of action under this contract shall lie in Tarrant County, Texas. SECTION XX - USE OF DOCUMENTS The original survey results and reports sha11 become the property of the City; however, the Consultant may retain reproducible copies of a11 such documents. BMI retains the rights on all material for which it owns the copyright. SECTION XXI - EXHIBITS The following exhibits is made a part of this Agreement: E�ibit A- Scope of Work, Compensation and Schedule BMI - South Central Page 7 of 10 IN TESTIMONY WHEREOF, the City of Forth Worth has caused this instrument to be signed in triplicate in its name and on its behalf, by its City Manager, and attested by its City Secretary, with the Corporate Seal affixed; and the Consultant also has properly executed this instrument in triplicate copies of each of which is deemed an original. EXECUTED in the City of Forth Worth, this o4L��ay of Cilt��c9 A.D., �-,��.': . J � ATTES : . BY: City Secretary APPROV RECOMIV�NDED: � C�� r t c '� �: �,�..t� '�� Director � ater De�a � ment C TY OF RT W TH � Assistant City Manager - City of Fort Worth BMI - SOUTH CENTRAL � � BY: � David Ril y, Presiden� APPROVED AS TO FORM AND LEGALITY: ATTEST: �� City Attorney 1 � 1 L�� Date C� -- / '7 '� D�l Contract Authorization �� - l� - �19 �� BMI - South Central Page8of10 % � � � +i +r rr �r �r QackFloao Illanaqamant Inc. BMI South Central EXHIBIT A "Scope of Work, Compensation & Schedule" SCOPE OF WORK BMI South Central will rewrite the City of Fort Worth's current cross connection ordinance and Standard Operation Procedure (SOP) manual to meet the requirements of the TNRCC and the City of Fort Worth. We will work closely with the Pre-treatment division to make sure all goals are met and the cross connection control program is manageable. We will work with the city attorney to protect the City legally and effectively. The staff of BMI South Central will work with city personnel to discuss all of the changes and their implications. BMI South Central will provide the City with updated public education material. BMI - South Central November 24, 1999 COMPENSATION Miscellaneous Staff Meetings, Pre-Ordinance Meeting, Conference Calls, etc .................$4500.00 Re-write of Ordinance............................ ...... ........... .................................................................................6000.00 Re-write of SOP Manual.......... ........................................................................................................................3 500.00 BMI will update all public education material for the City ................................................no charge BMI will provide the City with CTII v�ersion 3.1 ...............................................................no charge *The above services will be billed monthly on an as-completed basis. BMI - South Central Page9of10 2426 Westwood Ave. • Mesquite, TX 75150 972-285-9000 • 800-425-6115 • Fax: 972-216-1660 david@bmi-backflow.com • Web site: www.bmi-backAow.com �+ � A �1 � � � � +� gackFloco 111anaqamant Inc. BMI South Central SCHEDULE BMI South Central proposes to complete the services described in " Scope of Work" within 180 days of signing of contract. This time schedule is dependant on the City's timely response. BMI - South Central Page 10 of 10 2426 Westwood Ave. • Mesquite, TX 75150 972-285-9000 • 800-425-6115 • Fax: 972-216-1660 dwid@bmi-backFlow.com • Web site: www.bmi-backflow.com Cit,� of F'ort Worth, Texas �►�Ayar And Caunc�l Cammun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 10/19/39 **C-17709 60BACKFLOW 1 of 1 SUBJECT PROFESSIONAL SERVICES AGREEMENT WITH BACKFLOW MANAGEMENT, INC. FOR TECHNICAL SERVICES AND EXPERTISE FOR THE BACKFLOW AND CROSS- CONNECTIONS DIVISION OF THE WATER DEPARTMENT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a professional services contract with Backflow Management, Inc. (BMI) for an amount not to exceed $14,000 for technical assistance in updating and streamlining City ordinances, standard operating procedures, and public education materials relating to backflow regulations. DISCUSSION: The Water Department is in need of professional assistance in revising and updating various areas of the state and federally regulated backflow and cross connection program. The consultant will assist the Water Department in revising the current ordinance so it will meet all regulatory requirements, but does not impose unnecessary regutatory burdens. Key areas to be studied in the modification of the ordinance include a reference of state rules, the privatization of "initial testing" and evatuation methods for existing facilities for the presence of backflow hazards. The study will also provide a review of the enforcement response procedures, a quality control plan and a standard operating procedure manual. The Pretreatment Division requires the services and expertise of BMI to supplement technical knowledge currently available within the Water Department. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund. � MG:j Submitted for City Manager's Office by: Mike Groomer Originating Department Head: ��.�� Lee Bradley, Jr. Additiopal Information Contact: Lee Bradley, Jr. I FUND I ACCOUNT � (to) � 6140 � 8207 � (from) PE45 539120 � s2o7 � CENTER 0705002 AMOUNT I CITY SECRETARY A�P�ov�D c�rY �couNc�� CT 1� 1999 $14,000.00 �` ��L� J �it� SHci'at�ry a� 4he i Citp �t �'nAt �7ox+!'1,'ll�sic�