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HomeMy WebLinkAboutContract 34899r,:;i�'Y ��C�EiA��' � c :;L���1 �°�,A('T NO . �� � ! � � �-•- CITY OF FORT WORTH, TEXAS DEPARTMENT OF TRANSPORTATION and PUBLIC WORKS STATE OF TEXAS COUNTY OF TARRANT § � KNOWN ALL BY THESE PRESENTS: � THIS AGREEMENT, entered into the �day of �-��. ,:,2c�0`� by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant and Johnson Counties, Texas, acting herein by and tluough Marc Ott, its duly authorized Assistant City Manager, hereinafter called the "City", and Land Ventures LLC., an independent contractor, acting by and through Ruby Sodersh�om, its duly authorized GIS Development Division Manager, hereinafter called "Consultant". WITNESSETH That for and in consideration of mutual covenants and agreements herein contained, the parties hereto mutually agree as follows: ARTICLE I SERVICES Section 1. Consultant hereby agrees to perform as a per-job independent contractor such professional services as may be requested by the City during the term of this agreement. These professional services shall be performed in connection with updating the Storm Water Master Account File. Section 2. In addition to the professional services to be performed under Section 1 above, CONSULTANT shall render the following professional services: 1. Calculating square footage of runoff in commercial sites, overlaying scanned building permit plans on the aerial base to create polygons of impervious cover, populating the attributes to each edit, posting these edits to the .sde server, tracking reviewed permits in a spreadsheet, coordinating with Billing and providing other support as needed to Storm Water• GIS staff for updating the Storm Water Master Account File. ARTICLE II CITY'S OBLIGATIONS AND COMPENSATION Section 1. All other work to be performed under this contract will be specified in writing by the City. City shall not pay for any other worlc performed by CONSULTANT or its subcontractors that has not been ordered in writing. It is specifically agreed that � .,^ � , �;�� N :,���v�:.� �:� ,' a.� '✓ a /'� c, ,� r�`� �f'���n;� ciS�'v:(�5�;-'�� � \� li J 4 �•� ' ?`��. ��.'��^�V,r`r �;Gy'•o 4 �ORIGINAL CONSULTANT shall not be compensated for any alleged additional work resulting from oral orders of any person. City shall make available to CONSULTANT in the performance of the contract, all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to the sites designated for investigation. City assumes no responsibility for the accuracy of such data furnished to CONSULTANT by the City, its agents, contractors, or subcontractors. Section 2. City agrees to pay CONSULTANT for GIS services on a unit price per authorized hour basis. The unit price to be paid for each authorized service shall not exceed the unit price amount set out in the Proposal, attached hereto, marlced "Exhibit A", and incorporated herein for all purposes incident to this contract. Parking will also be provided or reimbursed at a rate not to exceed Ten Dollars ($10) per day. In no event shall the total contract price paid by the City for all services performed hereunder exceed the sum of Twenty-four Thousand and Two Hundred Dollars ($24,200.00). The method of payment shall be as follows: Payment for services rendered shall be due upon performance of the particular services so ordered and receipt by City of CONSULTANT's invoice for payment of same. Acceptance by CONSULTANT of said payment shall operate as and shall release the City from all claims or liabilities under this contract for anything related to, done, or fuinished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. ARTICLE III TERM This agreement shall be for a term of three (3) months, beginning upon contract execution date. ARTICLE IV INDEPENDENT CONTRACTOR CONSULTANT shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. CONSULTANT shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and CONSULTANT, its ofiicers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and CONSULTANT. ,. r�,� �''j:='l'`'`J``������.'J ;� ���::, ��� �� �=' ., � j� , a:�,-�;�o,';i'i�''=';`;;i ��J'J U,�' �, r�`:i J ':; � ��;> ;i ,��I �Vi �u�' r n1 J�. ��C�(�.� ,;:j��;;ll''jij t �.-��'�� "-. .- - � S. ARTICLE V PROFESSIONAL COMPETENCE AND INDEMNIFICATION Section 1. To the best of its professional ability, all worlc performed by CONSULTANT shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of CONSULTANT or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its GIS services, and other CONSULTING services performed hereunder. Section 2. In this connection, CONSULTANT shall indemnify, hold harmless and defend the City and all of its officers, agents, servants and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons of whatsoever lcind or character, including but not limited to employees of CONSULTANT, employees of subcontractors, and all other persons performing work incident to this contract which may rise out of or be connected with directly or indirectly: a. The negligent, defective or deficient execution, performance, attempted performance or non-performance of this contract by CONSULTANT. b. Any act, omission, defect, deficiency or negligence of CONSULTANT in CONSULTING services; c. Any neglect in the safeguarding of the work by CONSULTANT or its subcontractors; d. Failure by CONSULTANT or its subcontractors to properly execute the worlc; and/or e. Defective work or materials CONSULTANT shall likewise indemnify, and hold harmless, City for any and all injury or damage to City property arising out of, or in connection with, any and all acts or omissions of CONSULTANT, its officers, agents, employees or subcontractors. ARTICLE VI INSURANCE Section 1. CONSULTANT shall not commence work under this contract until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall CONSULTANT allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been _so : obtaine�l and ,_- `� ^ � ,; J. 4 'vf��� ;; .,. v,� � �, � i i nq� ti'}� ; �,� J,�',;i� i'1�1; �� U o .. ���;1 1: 6 ��' �'� '✓�'. o approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $5,000,000 each occurrence $5,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worlcer's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Section 2. Additional Insurance Requirements a. Except for employer's liability insurance coverage under CONSULTANT's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on CONSULTANT's insurance policies. b. Certificates of insurance shall be delivered to the Department of Transportation and Public Works, Storm Water Management, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. £ Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through w J � ) � j ^� �� �( ��.;=r,,.^�, ���'=1: � �✓��J��;.�1G��! .�:u�V�J�,.!� ��`J � U'li! ._1,i r�:1 f�7/� j n 'J � �� ih i., J ;'yj li i, � � �% c' .; ;F; L; , �l, �� '';;'�':1,'� U r �i , ! � .:,�.�:�n', ���-, � insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Worlcers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for CONSULTANT's insurance. j. CONSULTANT's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. lc. In the course of the contract, CONSULTANT shall report, in a timely manner, to City's officially designated contract administrator any lcnown loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. l. CONSULTANT's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, CONSULTANT shall provide complete copies of all insurance policies required by these contract documents, ARTICLE VII TRANSFER OR ASSIGNMENT City and CONSULTANT each bind themselves, and their respective successor and assigns, to this agreement. CONSULTANT, its successor•s and assigns, shall not assign, sublet or transfer any interest in this agreement without prior written consent of the City. ARTICLE VIII TERMINATION OF CONTRACT Section 1. City may terminate this contract at any time, for any cause, by notice in writing to CONSULTANT. Upon receipt of such notice, CONSULTANT shall immediately discontinue all services and worlc hereunder and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this contract. Section 2. If City chooses to terminate this contract under Article VIII, Section l, upon receipt of notice of termination, CONSULTANT shall discontinue services rendered up ,-� = �t'�)' J;:t �,,y`J+i" ' ` �.1 ;� . �-,1 �I;� . �,.1 � \l J � �l�^ F)� � �� :C� � L; t��� �`'. 'C i �I.�,,..^�„i:�l�� �';!��� � � �`�:%�'.` :iL'� u._` Sa _...._ _ . ._r to the date of such termination based upon calculations in Article II, Section 2 and the attached incorporated Schedule of Fees and Services (Exhibit "A"). Section 3. All reports, whether partial or complete, prepared under this contract, including the original drawings, whether furnished by the City, its officers, agents, employees, consultants, CONSULTANTs, or contractors, or prepared by CONSULTANT, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this agreement. ARTICLE IX RIGHT TO AUDIT (a) 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 any directly pertinent books, documents, papeis and records of CONSULTANT involving transactions relating to this contract. CONSULTANT agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give CONSULTANT reasonable advance notice of intended audits. (b) CONSULTANT further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant 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, 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. City shall give CONSULTANT and any subconsultant reasonable advance notice of intended audit. (c) CONSULTANT and subconsultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse CONSULTANT for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. �;�f�J �-'i ;, � ��,,�;=: � � -; L� ' 1.i ., v'iJ .ti u r� (((jI777 n.� ::l /��;� r�i'1llr, �jilr'� ,.:%�Y'r v\��"..���.L]W�I���/1� :Y �U•.f���'�1 � ��'I� � �` , � �,::'1�: � N � �' �.,,,, � � ARTICLE X MINORITY AND WOMAN BISUNESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. CONSULTANT acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Contract amount is less than $25,000, with no M/WBE goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the CONSULTANT may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. ARTICLE XI OBSERVE AND COMPLY CONSULTANT shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this agreement and the worlc hereunder, and shall obseive and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by goveining bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. CONSULTANT agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. ARTICLE XIII VENUE Should any action, whether real or asserted, at law or in equity, arise out of or under this Contract, venue for said action shall be exclusively in Tarrant County, Texas. IN WITNESS THEREOF, the parties hereto have made and executed this agreement in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. ,�.;,,,, ��. �;'���vJ-:1 �'`�'vva'��; vJU1�� J[�,1J:.��',��;����' �I C �� '.';� o �j nn l � .:'�':i'1:����f � U��L� : � ATTEST: BY:�, A i, , �.��JGL"'- � `� L. _- ,_..�ti� IV��arty Hendrix City Secretary APPROVAL RECOMMENDED: � j ,�� � Robert Goode, Director Department of Transportation And Public Works APPROVED AS TO FORM AND LEGALITY: CITY OF FO W TH BY: — . Mar Ott Assistant City Manager Land Ventures, LLC , .� _a.� By: � � � R Soderstrom GIS Development Division Manager Contract Authorization Date NO lb���.° ��;(��TIR.�D c�; 2;'� r' � �^, �� �'S r' ?1 �"A �:: r�'�'�; J:`: ,:�'�'<:; �'� v � � l� '' �C'��" r ' � ;' �r( ;;� S'�; t� �: �`� t.. � � `;,::;� � � iU� �j� � � t �o ✓}.�fU9 IILG�1 '(�� -- r "-f 1 � . 1 '.. t •:/ ��' . f ^41 C�'�Y� A ��g, . � -- --Q��P�i�;;5�s �:,� ,.:, �rPro��idin9eN�K;tiG S � IM� City of Fort Worth, Texas Department of TP&W Don McChesney IDI:�:Il.�YII�7 Land Ventures LLC. 403 W. Jim Wright Frwy Ste 150, Fort Worth, Texas 76108 RE: GIS Support for Storm Water Mapping (Phone conversion Feb. 2, 2007) Mr. McChesney Land Ventures LLC is happy to serve your GIS needs updating the Storm Water Master Account File. We understand that this is a vital part of the City of Fort Worth's Transportation and Public Works revenue. Please feel free to contact me, Ruby Soderstrom at 817-894-9526, rubv.soderstrom@landventuresllc.com. Land Ventures LLC is ready to equip you with quality GIS support in your projects. We have an excellent staff of highly q,ualified personnel with GIS, CAD, SDE, and SQL server experience. We look forward to joining with you in fulfilling your GIS needs. We have the workforce to fulfill your needs that are acquainted with the City's policies and procedures. We will supply only the most qualified of contractors to ensure quality control for all GIS related endeavors. Land Ventures LLC is aware of the scope of the intended project requiring GIS professionals to calculate the square footage of runoff areas in commercial sites. Overlaying scanned building permit plans on the aerial base to create polygons of impervious cover, populating the attributes to each edit, posting c, � •' �. '�%'c �' ;� n 1 L;��l,'�;)!'�� �.�,�+:>��:� :, ^:� ^'� '% ��[ ;c;,��;;t'�.��, ���' � �� .; 5'� ': . � � � •.: �. n,555777 ��, n c � n Vi'.c':(1',�; � . II C � �:�`Ji:�fl� J��("�o { r these edits to the .sde server, tracking reviewed permits in a spreadsheet, coordinating with Billing and providing other support as needed to Storm Water GIS staff for updating. Land Ventures LLC will staff TP&W of the City of Fort Worth with one (1) GIS professional to report to TP&W appointed staff. They will follow City Guidelines for dress, work environment, and time reporting. GIS professionals contracted out to TP&W of the City of Fort Worth, Texas will also report via electronically as well as in person weekly to Land Ventures of their progress. Resumes of perspective GIS professional to be contracted to TP&W of the city of Fort Worth, Texas can be obtained by request. Land Ventures understands that the projected length of contract is for 60 days and can be renegotiated at the end of term if project has not reached completion. Land Ventures also understands that there are variables yet determined for end of project needs. Land Ventures LLC will contract one (1) GIS professional at $85.00 (Eighty Five Dollars) an hour for a maximum of 35 working days. We also request that parking be made available for Land Ventures personnel working on site at City Hall. Invoices will be�sent on a bi-weekly basis for contracted billable hours paid in net 45 days. Billable hours will be concurrent with City of Fort Worth standard working hours. Land Ventures LLC understands that this will be a Standard Consultant Contract. Land Ventures LLC. Looks forward to working with you. Contact person at Land Ventures LLC is Ruby Soderstrom at (817) 246-5900, rubv.soderstrom@landventuresllc.com GIS Professional attending your needs will be James Steven at (817) 246-5900, james.stevens@landventureslls.com Ruby Soderstrom GIS Development Division Manager .�. �, , � �;�rr�J:,�!1; l � ����'� ti%� i"-" �� � �,? r r, v��`�� �,��:;!����;1!�?�l ?,;� �,�U ?� .'i�,;' 1�, C o . '';ili�J1�3 �������