HomeMy WebLinkAboutContract 44674 I SECRETARY
CONTRACT NO,
CITY of SORT WORTH,TH, TE S
r
STANDAR D AGREEMENT FOR CONTRACTOR SERVICES
"his AGREEMENT T i , between the Cif of Fort Worth, a Texas ho -Tulle municipality
(the ,'CITY'"), Fund Badger Daylighting Corp.., authorized to do business in Texas, are
independent contractor ("Contractor"), for a PROJECT cienerally described as Nydrovao
Excavation for subsurface Utility locates (Test Holes).
Article I
Scope of 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 envy, will be requested in writing by the City. City shall not pay
for any work performed by Contractor or its subcontractor 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.
Article 11
Compensation:
Contractor shall be compensated in accordance with the Fee Schedule shown in
Attachment "B". Payment shalil be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment "A"
However the tonal fee paid by the City shall not exceed a total of 49, 010.00 sunless the
City and the Contractor mutually agree upon a fee amount for additional services and
amend this Agreement accordingly.
The Contractor shall provide moo nthly invoices to the City. Payment for services rendered
shall be due within thirty 3 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.
Cif of Fort WortN Texas
!��dwd Agreement for Pra`'asalo gal Services
PMO Official Release Cute:1/2812013
Page 1 of
rOFFIC17AL RECORI,D
CITY SECRETARY
F OR
, I THI*T)t
WORTHo YX
Article III
w.
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a to of Three
Hundred Sixty Five (3165) Days, beginning upon the date of its execution, or until the
GOMPleti.on 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 ornissions of its, officers,
agents,, emp�loyees, contractors and subcontractors. The doctrine of respondent super,or
je
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 Contractors
exercises control, and Contractor is not responsible for any pre-existing
contamination to soils or spoils.
City of Fort Worth,Texas
Standard Agreement for Professional Services
PM:10 Official Release Date:112812013
Page of 8
................. ......
Article V1
Insurance
(1) Contractor shall not commence work under this Agreement until it has obtained all � �
insurance required under thus Article and the City has approved such insurance, nor
shall Contractor allow any subcontractor to commence work on its subcontract until
all s,imilar 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 polic, ies.
Commercial General Liability
$1,000,000 each occurrence yM
$1 000 000 aggregate
Automobile Liability
$1,000,000 each accident or reasonably equivalent limits of
coverage if'written on a split limits, basis,),. Colverag�e shall be
on any vehicle used in the course of the Project.
Worker's, Compensation
Coverage A.,, statutory l!imits
Coverage B-, $100,000 each accident
$5,100,000 disease - policy limit
$100,,000 disease- each employee
(2) ,Additional Insurance Requirements
a. Except for employers 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,., 10001 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 pollicy shall be endorsed to provide the City a minimum thirty days
notice of cancellation,, non-renewal, ardor 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 Services
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 F,
current A.M. Best rating of A. V11 or equivalent measure of financial strength an
solvency.
f. Other than worker's compensation, insurance,,, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance
pool's or risk retention groups. The City must approve in writing, any alternative
coverage.
g. Workers' compensation insurance p:oli'cy(s) covering employees employed on the
Project shall be endorsed with a waiver of subrogation providing rights of'recovery
i n favo r of th e C ity.
t
h. City shall not be responsible for the direct payment of insurance premium costs
for Contractor's 'insurance.
i. Contractors 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. Contractoe's liability shall not be limited to the specifiedi amounts of insurance
required herein.
1. Upon the request, of City, Contractor shall provide complete copies of all
insurance piol�icies required by these Agreement documents.
Article "ill
Transfer or Assignment
City and Con-tractor each bind, themselves, and their lawful successors and ass,igns, 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 Vill
Term,it ati nu 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:1/28/2013
Page 4 of 8
commence correction of such nonperformance with 5 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 on 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, inlcl:uding
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 corripleted,l or upon termination or expiration of this
Agreement.
Article IX
Right to Audit
(1) Contractor agrees that the City shall,,l until the expiration of three (3) years after final
payment under this Agreement, have access to and the rig t to examine any directly,
pertinent books, documents, papers and records of Contractor involving transactions
rellatin�g 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 and its 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 finial 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 reasonablie 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 Offic[al Release Date:U2812013
Page 5 of 8
..........
Article X
NFy.
Minority Business, and Small Business Enterprise (MBE S E Parti6pation
In ardance with the City's Business Dlivers,ity Enterprise Ordi
cco finance No. 20020-12-2011,
as amended, the City has goals for the participation of minority bus,iness enterprises and/or p
small business enterprises in City contracts. Contractor acknowledges the MBE and SB,E
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 X1
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 a,ffect this
Agreement and the work hereunder, and shall observe and comply, with all orders, laws
ordinances and reguiations which may exist or may be enacted later by governing bodies
having jurisdiction or aut'hodty for such enactment. No, plea of misunderstanding or-ignorance
thereof shall be considered. Contractor agrees to defend, indemnify and hold harmless City
* Hity arising out
and all of its officers, agents and employees from and against all claims oir liability I
of the violation of any such order, law', ordinance, or regulation, whether it e by itself or its
employees.
Article X11
Venue and Jurisdj"ction
If any acti ►n,, 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 X1111
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 ins the
City of Fort Worth,Texas
Standard Agreement for Professional Services
PM0 Official'Release Date:1/28/201 3
Page 6 of 8
Ay F
interpretation of this,Agreement or any amendments or exhibits hoer et,o.
L
Article XIV
Severability
The provisions of'this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or oiner 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 � r
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.
Art"cle, 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
1000 T'h,rockmorton, Street
Fort Worth, Texas 76102
Contractor.,,
Badger Dlaylighting Corp.
Attn: Cindy Norris
Contract Specialist
1300 E. US Hwy 136, Sulite E Piisboro, IN 461167
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 Professional Services
PMO Officiai Release Date:1/2812013
Page 7 of 8
IIw
P,
low
i
J
■
i
�rrYl
w
1111111 44#
AA
�r
�rw
uw a�
F
ro
w w
wn
u x a » r
a ww
µr
y w
o� A
v
w • v
x »
w
m,
7
a
x..
Wi w„
w A:
w
a
r"
w
AC
x
I
� w ,
w„
yx
a
"
„
"
"
x
.. r
" n
1
,x
»
r,
I w
(I ltp,
,mwrtv P
x
IR4
'r 7
ph
low
aa°
r x,
°
ma ro
a
I
&. "
�� � aw..r*�,a wr��-J I� rw,��" ' '� � � - �r I a � r' � • � �':
s' «a
w
w s r w
w
w
r
n
i
� w �
a ° r
to ISM
lil
e
a<
I
m a
^Y'
I
m
i
I �w
U�la
� r
wa ar W,
mow,
w
w
a
MMa^'^�rm^ �✓� °j '°" a�w"" 'err� N�� y �,N W" ° �,
^iI i
� W
i � �rtrt
,
l µx
NFrrr
M
MUR +
i
�M
To provide Hydrovac Excavation and Restoration Services for,subsurface Utility:locate
(Test 1-Hole) Quality Level fit...
k;
N,
r, y
N.
IL
k
Pricing Table 1 SEE "I'T i HEM'NT°B
S
4
t.
pl
4
1 Pricing Includes: Test hole, backfill crew, concrete removal crew, concrete repair crew, haul trucks, R
back U material, concrete material.
t
a) All items listed will be as requested by clients direction.
2) A
r
b
f
15 hole m to be laid out by client per nobil zationAask order. Smaller quantities will be billed
hourly at$240lhr portal to portal.
3 Test Holes
a If utility is net found under the utility mark, Badger will conduct a 12" sweep in attempt to
locate the utility. If the utility is not found, Badger will continue excavating at clients direction
a new test hole in order to visually verify the utility. Special rote on duct banks. Some duct
banks due to width may require two potholes to locate the edges if the width of the duct bard is
required.
b Ground conditions are considered to be average free of rock "' in diameter or larger. Larger
obstruct.ion.s greater than " in diameter will be considered out of scope.
c adger 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.
4 Delays outside of Badger's control are considered out of scope. Any unusual ground conditions
would also be considered out of scope which could include: brie, 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 Badgers
control and will be considered out of scope. a
5) Inclement weather: For safety, weather is a factor and has to be favorable to work. Badger is not
responsible for weather delays or added expense.
6) All crews expect to work a 'm tided without client delay.
7) Payment is expected no later than 30 days from receipt of invoice with zero percent (0%),retainage
withheld.
8) Pricing is valid for thirty(30) days.
Y
Y^f
w t a
w .
f
l
C
fleet
i
ATTACH'M'ENT
Date;7/10/2013 n #.
K
Y.
U
b
W
1
DAN&IGWING CORPS
i
1
o u
w
u
k U
Y
Thank you for considering Badger D:aylighting to provide the hydro excavation for your roject. We will
be pleased to assist you on these projects at the rates neat below. �
{
Y
Iw HOURLY EXCAVATION(Four Hour Miniinum) PER TRUCK $2 -0.00
2. RT (Weekends&work exceeding 8 hours per dad"" P UCK $245.00
3. PER required if work requires overnight ac-co odations PER OPERATOR $...150.
. MOBIILIEZATION(exclude if project lies within 50 miles of Badger ogee) PER H $150.00
5. CHASE TRUCK(if applicable and/or PER HOLTR $30.00
6. BACKFILL MATERLkL(Includes standard fill dirt) PER 10CY $290.00
7. ORANGE FENCE 50F T"roll PER ROLL $23.00
8. T-POST PER EACH $7,00
9. CONCRETE N REMOVAL CREW Tabor,equipment,includes repair labor as PER HOUR $230.00
well)
10. BACKFILL CREW(Labor,equipment) PER HOUR $150.00
II. HAUL TRUCKS(Four hour rmi rr HO $120.00
12. CHARGES needed) PER LOAD $30.010
131.WATER CHARGES needed) LOAD $15.00
14.CONCRETE 'E L(Standard 5000 psi,Four yard minimum) PER CY $135.00
15. FUEL UPC11A.RGE(for every$0.50 above$4.00 per Gallon) PER HOUR $:5.00
16. REMOU 110SE(if requi
)red PER FOOT $3.00 IMY
17. SEWER JErJJN1G TRAILER PER DAY $325.00
18.3/4TON PICKUP(used with jetting t-ailer only) PER DAY $100.00
lw
I Q 1 I
NSA MA Ell, ��N; I
Notes:
1. Rates include a1l hoses and necessary equipment for Hydrovac Excavation.
2.
Customer 'is,responsible for a water siolurce and dump,site,for spoil.
3. Rates val.id for 30 Days
Questions &Comments will be addressed by:
Dave Gosidzinski
DaRas Area Manager
817-701,-5177 one
dgosdm*nski*@badger-co com Email
------------------
{ N�
. m.......�w..._.......
a
r
i
a.
i
` o
DA T LIG f ING7
January 21"'2013,
4,
a
W
r,
,E Authority to sign contracts
r
Dear Valued Customer,
w.
l
Badger Daylighting Corp. has authorized the following individuals to sign Contracts,Subcontracts,
Purchase Orders,Contract Releases,,and Pre-Qualifications for work being,contracted;,
n
• Dame Blurtner, US Finance/Administrations,Manager
• April Dauldenspeck, National Accounts/Contracts Manager
• Cindy Norris,Contract Specialist w
;m
Badger Daylighting Corp. has authorized the following individ ass to sign Master Service Agreements
and all Licenses for warn being,contracted.
j
0
Dale Burt,ner, U Fi nce/A,dmi nistrat oln5 Maiia er
April ' arubenspeck, National ccounts/Contracts ana er
� u
r
Thank you for your assistance,
IIIrr
q
Regards, o
n
Greg Kelly
Chief Financial Officer
adder Day'lighting Corporation
C
OFFICE: 13 00 East U.S.Hwy 13 6,Bunts,E,Attsboro,IN 4 6 16 7 Tell Fees -888-726-914 6 Tel 31 892-2666 Fox 1'7 892-266 n
r