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CITY OF FORT WORTH, TEXAS
DEPARTMENT OF TRANSPORTATION and PUBLIC WORKS
STATE OF TEXAS
COUNTY OF TARRANT
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KNOWN ALL BY THESE PRESENTS:
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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
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�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.
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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
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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
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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
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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.
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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.
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ATTEST:
BY:�, A i, , �.��JGL"'-
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,_..�ti� IV��arty Hendrix
City Secretary
APPROVAL RECOMMENDED:
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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
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By: � � �
R Soderstrom
GIS Development Division
Manager
Contract Authorization
Date
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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
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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
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