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HomeMy WebLinkAboutContract 49451 �2 pM P,y CITY SECRETARY ►�'� �� CONTRACT NQ. _ —----. ) a MY OF FORT WORTH, TEMAS CO cr c�� llANDARD AGREEMENT FOR CONTRA- S,ERViCES CID a jSFc9��o�! his EEMENT is between the City of Fort Worth a Texas home-rule municipality �2 (the k I ° nd Lonestar West Enterprises, LLC., authorized to do business in Texas, an E indepen �' contractor ("Contractor"), for a PROJECT generally described as: Hydrovac Excavation for subsurface sanitary sewer locates (®e-Holes) in various locations within the City. Article I Scope ©f Services (1) Contractor hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". (2)Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Contractor or its subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Contractor shall not be compensated for any alleged additional work resulting from oral orders of any person. Miele II Compensation Contractor shall be compensated in accordance with the Fee Schedule shown in Attachment "E". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However, the total fee paid by the City shall not exceed a total of $49,500.00 unless the City and the Contractor mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Contractor shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Contractor's invoice for payment of same. Acceptance by Contractor of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. City of Fort Worth.Texas LOIFFICIALORD Standard Agreementfor Professional ServicesPMO Official Refease Date:1/28/2013 ARPage 1 of 8TX Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of`three Hundred Sixty Five (365) Clays, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Contractor shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of its 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 Contractor, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Contractor. Article V Professional Competence and Indemnification (1) Work performed by Contractor 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 Contractor or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Contractor shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Contractor or Contractor's agent, Contractor under contract, or another entity over which the Contractor's exercises control, and Contractor is not responsible for any pre-existing contamination to soils or spoils. City of Port Worth,Texas Standard Agreement for Professional Services PMO Official Release Date:1/28/2013 Page 2 of 8 Article VI Insurance (1) Contractor shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Contractor allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Contractor may elect to add any subcontractor as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 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. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease- policy limit $100,000 disease-each employee (2)Additional Insurance Requirements a. Except for employer's liability insurance coverage under Contractor's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies. b. Certificates of insurance shall be delivered to the Water Department, Attention: Roberto C. Sauceda, P.E., 200 Texas 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. City of Fort worth,Texas Standard Agreement for Professional Servioes PMO Official Release Date:1/28/2013 Page 3 of 8 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. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' 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. h. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. i. Contractor'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. j. In the course of the Agreement, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Contractor's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Contractor each bind themselves, and their lawful successors and assigns, to this Agreement. Contractor, its lawful successors 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 (1) City may terminate this Agreement for its convenience on 30 days'written notice. Either the City or the Contractor for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not City of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Release Date:1/2812013 Page 4 of 8 commence correction of such nonperformance with b days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Contractor shall discontinue services rendered up to the date of such termination and City shall compensate Contractor based upon calculations in Article 2 of this Agreement and Attachment"B"attached hereto and incorporated herein. (3)All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, Contractors, or contractors, or prepared by Contractor, 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 (1) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this Agreement. Contractor 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 Contractor reasonable advance notice of intended audits. (2) Contractor further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting Contractor 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 sub-Contractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- Contractor 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 Contractor and any sub-Contractor reasonable advance notice of intended audit. (3) Contractor and sub-Contractors agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Release Date:1/28/2013 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Contractor acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor 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 Contractor shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Contractor 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 XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the City of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Release Date:MO/2013 Page 6 of 8 interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Roberto C. Sauceda, P.E., Water Department Senior Professional Engineer 200 Texas Street Fort Worth, Texas 76102 Contractor: Lonestar West Enterprises, LLC. Attn: US Contract Manager 2631 Willowbrook Road Dallas, TX 752204422 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Standard Agreement for Prormional Services PMO Official Release Date:1/28/2013 Page 7 of 8 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the 5th day of July, 2017. BY: BY: CITY OF FORT WORTH CONTRACTOR Lonestar West Enterprises, LLC. Jesus J. Chapa Kristin York Assistant City Manager Director of Operations Date: -"� Date APPROVAL RECOMMENDED: By: r� d ' Chris Harder, P.E. Assistant Director, Water Department APPROVED AS TO FORM AND LEGALITY M&C No.: N/A Ar By: M&C Date: N/A Assistant City Attorney ATTEST: o� FO��� U. M J. Kax WV'111 0 City Secreti4S 129 S : N�cq, - - —�— OFFICIAL RECORD City of Fort WorEh.Texas CITY SECRETARY Standard Agreement for Professional Services PMO Official Release Date;112812013 FT.WORTH,TX Page 8 of 6 LO bow SWA43k t� o Attachment A • To provide Hydrovac Excavation and Restoration Services for Subsurface Utility Locate (Test Hole) Quality Level A. • Pricing Table 1 —SEE ATTACHEMENT B 1) Pricing Includes: Test hole, backfill crew, concrete removal crew, concrete repair crew, haul trucks, back fill material, concrete material. a) All items listed will be as requested by clients direction. 2) Test Holes a) If utility is not found under the utility mark, Lonestar West will conduct a 12" sweep in attempt to locate the utility. If the utility is not found, Lonestar West will continue excavating at clients direction a new test hole in order to visually verify the utility. Special note on duct banks. Some duct banks due to width may require two potholes to locate the edges if the width of the duct bank is required. b) Ground conditions are considered to be average free of rock 6" in diameter or larger. Larger obstructions greater than 6"in diameter will be considered out of scope. c) Lonestar West will make every effort to work with the facility owner to correctly mark the facility. Any hole with no utility found is still considered a hole. 3) Delays outside of Lonestar West control are considered out of scope. Any unusual ground conditions would also be considered out of scope which could include: brick, rail lines, manholes, large rocks or any other unknown obstructions, roads under roads, high water tables, sloughing sand, etc. Any cars parked on the side of the road that may interfere with potholing operations are out of Lonestar West control and will be considered out of scope. 4) Inclement weather: For safety, weather is a factor and has to be favourable to work. Lonestar West is not responsible for weather delays or added expense. 5) All crews expect to work unimpeded without client delay. 6) Payment is expected no later than 30 days from receipt of invoice with zero percent (0%) retainage withheld. 7) Pricing is valid for thirty (30) days. ATTACHMENT B RATE SHEET - CITY OF FORT WORTH Attn: Robert.Sauceda@fortworthtexas.gov GENERAL PRICING DESCRIPTION HYDROVAC UNIT (2—man crew) PER HOUR. $ 245.00 ADDITIONAL PRICING DESCRIPTION MOBILIZATION PER HOUR $ 125.00 LONESTAR WEST (SUE) PER HOUR $ 125.00 Backfill Crew PER HOUR $ 175.00 Backfill Mob PER HOUR $ 125.00 General Notes & Conditions: 1. It is assumed unless otherwise told that a dump site shall be available at or near the jobsite. Client will be charged cost plus 10%for all dump fees if not able to dump onsite. 2. It is assumed that water will be available on site at the clients expense. Please advise if alternate arrangements will need to be made. 3. Any additional third party services provided by Lonestar outside of our typical hydrovac activities like a water truck shall be charged out at cost plus 10% 4. Terms of Payment-Net 30 days from date of invoice. I 5. Client is responsible for all permits and permission from property owners,utilities,and government agents. 6. All surface locates,survey marks and traffic control,if needed unless agreed to in writing prior will be charged at cost plus 10%. 7. Breaking,removal,and restoration of asphalt and or concrete unless agreed to in writing prior will be charged at cost plus 10%. 8. Backfill and site restoration unless agreed to in writing prior to completing work will be charged at cost plus 10%. 9. Shoring,maintenance and barricading if requested will be charged at cost plus 10%. 10. Client must notify Lonestar of any of the following:Certified payrolls, OCIP requirements,Prevailing wage requirements,additional insurance requirements over what Lonestar already has in place. i i'. i. FORTWORTH Contract Cpm fiance 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. gnature Roberto C. Sauceda,P. Name of Employee Water Department-En in�eering Department Senior Professional En ig neer Title 817-392-2387 Phone ?` / ZK Iq Date WATER DEPARTMENT ENGINEERING AND FISCAL SERVICES THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102 817-392-8240 * FAx 817-392-8195 0 Printed on recycled paper