Loading...
HomeMy WebLinkAboutContract 45479 CITY SECMIAW COM=NO*I �' I I CITY OF FORS WOE RTH, TEXAS 144,58 a-0 STANDARD AGREEMENT FOR CONTRACTOR SERVICES This AGREEMENT is between the City of Port Worth, a Texas horse-rule municipality (the, "CITY , and Badger Da lighting Corp., authorized to de business in Texas, an independent contractor " ontraeter'l: for a PROTECT generally described s,# Hydrovac Excavation for subsurface Utility locates (Test Holes) Contract 2. 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 any, will he requested in writing by the City. City shell net pay for any work performed by Contractor or its subcontractors and + r suppliers that has not been ordered in writing. It is specifically agreed that Contractor shall not he compensated for any alleged additional work resulting from oral orders of any person Article I Compensation Contractor shell he compensated in accordance with the Pee Schedule shown in Attachment "B". Payment shall he considered full compensation, for all labor, materials, suppliesf and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall net exceed a total of $49,600.00 unless th e City and the Contractor mutually agree upon n e fee amount for ,additional services and end this Agreement accordingly. 'The Contractor shell provide monthly invoices to the City. Payment for services rendered shell be due within thirty 3 days of the uncontested performance of the particular services se 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 cot or omission of the City in connection, with such services '01�+✓ iouvc!oiw,upuAio+mmr,ww,vrvrrairiamsvuwipiwurIDmwmmuumwn awvwmwuivmwi"rv,bwwainunyndrnrvomimm,uw;:wiamtiamu¢AVa City of Fort Worth,Texas OFFICIAL,RECORD u�� � Standard Agreement for'i Professional Service PMO Official Release Date- 1/28/2013 �i� �TYSSIECRET �Ww��Page 1 et � A� t rya!uw�uMmw�uwcuuw�wummiouimmurommm WIVOM�gryiiNM1u RECEIVED APR Article III Term, Unle�ss terminated pursuant to the terms, herein, this Agreement shall be for a term of Three Hundred S,ixty Five (365) Days, 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, Nugent, servant, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of' it,s work to be performed hereunder and all persons performi,ng same, and shall be solely responsible for the acts and omii'ssions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between, City and Contractor, its officers, agents, empiloyees, 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, andi regulations promulgated by the local, state and nat,ional boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liabil'i'ty of Contractor or its officers, agents, employees, contractors and: subcontractors for the accuracy and competency of its services performed, hie:run der. (2) In accordance with Texas Local Government Code Section 271.9�04, 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 subcontracto,r or supplier committed by the Contractor or Contractor's agent, Contractor tinder 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 Fort Worth,Texas Standard Agreement foir Professional Services PMO Official Release Date:1/28/2013 Page 2,of 8, Art"Icle;VI Insurance (1) Contractor shall not commence work u,n r this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Contractor ablow any subcontractor to commence work on its subcontract until all similar insurance of the subcontract it 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 $1 000,01001 each occurrence $1 000,,000 aggregate Automobile Liability $1 000,1010101 each accident (or reasonably equivalent, limits of coverage if written on a split limits s,is,),. Coverage shall be on any vehicle used in the course, of the, Project. Worker's Compensation Coverage A: statutory limits Coverage 00,000 each accident $500,000 disease - policy l�imit $100,000 disease - each emplloyee (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 I s insurance policies. b. Certificates, of insurance shall be delivered to the Water Department, Attention., Roberto C. Sau�ceda, P.E.,: 1000 Throckmorton Street, Fort Worth, TX 76,102, 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, noin-renelwal, and/or material change in policy terms or colverage. A ten days, notice shall be acceptable in the event of non-pray ment of premium. City of Fort Worth,Te�x 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 current A.M'. Best rating, of A.: VII or equii'val nit measure of financial strength and solvency., f. Other than workers, 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 olio y(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. 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 knolwn 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. 1. Upon the request, of City, Contractor shall provide complete copies of all insurance policies required by these Agreement documents. I Article V11 Transfer or Assignment City and Contractor each bind themselves, and their lawful successors and assigns, to this I Ag,reement. Contractor, its lawful successors and assigns, shall not assignI sublet or transfer any interest in this Agreement without prior written consent of the City. Article Vill Termination of'Cont,ract (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 Serv'iGes PM O Official Release Date:1128/2013 Page 4 of 8 commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (21) 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 his 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 Might to Audit (1) Contractor agrees that the City shall, until the expiration of three (3) years after -finial payment under this Agreement, have access to and the right to examine any dlireictly 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, documenits,, 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 subs-Contractor reasonable advance notice of intended audit. (3), Contractor and Bulb-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:1128/20113 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. 20020-12-20111 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 term,ination, 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 aff ect t'his 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, indemn,ify 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, ordinancel or regulation, whether it be by itself' or its employees. Article X11 Venue and Jurisdiction: If any action, whether real or asserted, at law or in e city,, 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 X111 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:1/28/2013 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 appl,ication 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 l portion had never been contained therein. Article XV Nofices 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 pt requested, postage prepaid, to the address of the other Party shown below: City of Fort,Worth Attn: Roberto, C. Sauceida, P.E., Water Department 1000 Th roc kmoi rte n Street Fort Worthl Texas 76102 Contractor* Badger Daylighting Corp. Attn: Cindy Norris Contract Specialist I N 1300 E. US Hwy 136, Suite E 46167 Article XVI Headings The headlings 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 PAM O Official Release Date:1/28/2013 Page 7 of 8 Article XV11 Counterparts Th,is,Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts sha,ll together constitute but one and the same instrument. Executed and effective this, the day of 111M), 201 BY-. Cl OF' FORT WORTH CONTRACTOR Badger DayIlightilng, Corp. I LXI'ol-kii X Fernando Costa CiHdy Norris Assistant City Manager Contract Specialist L Date.- Date: APPROVAL RECOMMENDED.- By.- S. Frank Crumb) P.E. Dlirector, Water Department APPROVED AS TO FORM AN IDI LEGALITY M&C No.: By.-_ M&C Date: Douglas W Black Assistant City Attorney olp 00000000 A T 0 40 0;U -y-vd-k M ry J. Kayser City Secretary ASII City of Fort Worth,Texas Standard Agreement,for Professional Services FFICIA11 REIG,011 D PM O Official Release Date.1/28/2013 Page 8 of 8 R P M / � M w I � , 11 i rr /✓ J f7 P ufi rl� � 1 Y 1 � �ly dl'J$WM@N'IY u Y) i BADGER . . ..... .... 77�. r V 4t a r r 7 Hi r„ y, ✓�/fir//�� ,`l1'^ ��' ��t° � ���PF'.- r�P�J y�, !r>iro�'�d3� ��� I rI w� IGrWq,l"I✓fr'v�uv ✓ I G r/,!1 I� l I�!�err h ✓/I d�, d 1�i �r i�is / ; > /!f G (( Per' t ° I �r ;FY //���%//"(NN'���✓�"7�����y�� ���,r✓,��✓� /tl�//,���°J��„jf,���y/I��,ai v/ ,t I I I'�y.�..:. it N pr I����,��// ✓!�rr�'.�' I !ra���z�r �'��i�r,f/ /I�l, �r����' o J�I'✓ yyf a �/fi,µr/ /,/nl�d'1 ; r'J f Reference. 01"Fort Worth.* Test Hole Scope 9 s u. SubnAtted by: orp. I 9 Please Respond To Dav�e Gosdzinslu Dallas Area Manager � n 1 IAnr w Badger . (817)17'0!1 51 7 Cell. i Aq, DGosdAnskWbadger-cor -P-cOm 0 r Syr"' J r/ ✓2 lw<(ll MEMWE113M, � ✓o�� �ryr��i�i1a�«jj' /w 1mFr + r � �✓�."a 1/w% i�,y r' �I{ICI y'I y�CA,& l /�rsf„�'�>"y, '� �� � / r�, fry ✓� �2��// � ��',I irr✓J�y�r���r f 14ru yr �riyl�vC/�Jr ��111r✓� � I�,,. I, �' �`rj�/�/�l�r(��/{���`rl,1�iJ��� �r�r'dyryreN✓�'�Yfl✓ fi%Pier r��6l�(d/r4�,ylrry>�td��u. ryfl�JhM1;IX�y�/�..,�i in /Ij/�r���p f''✓!'9�//i/�t �G�,i,,���f�J�r�✓�i/r�/�r��(rU�l✓'7rr��y rl�1���" ��/���if%�/�s�7i,,J >`�r•/t��1�//r�/f ri r r �✓r � � I r /lNy�' 1�Ff 7 *�I r��y�/li// fi/l/r r/ U ��r������� �mr �a�r✓y ✓rp»�rr/yr`I!, �Mr1f/��f/(/iry 7i Ir/llf r✓�/� 1%r�IreJHll?r ,v" I Ha'r I I ��5��!'�r���151 f if�'I!�F/�i� �r /l�/��//i/f✓ f�dG^n"NN,,r r�'i��i>fl i' 1A<M.i'�6v�Y ,��f/6'"C'�;(�`�"�v�l���. . ���l/�/ff r`r r� �1� J ✓l ` ��o�� ✓. +�'��f v'f�!�1;i rr4f r"���'����,���I r m' ��j(�Pii�a/iF�//r '�`/r ri �e ��, ^' "I��iiuyr✓a���r���ls��"'��'�Enr"�,,�fl'rr ^�idd,�a�rr rYr / �f ✓ s,��t�tr,✓�,. �' �'��r�"�d gk�dr ;r F`,`'I U ifyyi//ar / /k"Prr/ +6 f' '.l ..y�� Nr`�Y'!�ry'u l4n�r" �'�,'"'"t 11✓tir JULY 10. 2013 �r"�l��i�r✓%/✓�✓r % ✓ �✓� , ���f' eP r...,Y,�, rl.�✓��/� ,n��`;V�'ur;�,,,%^��yUA(�;;r��+�'' "'^�a46�',✓,n.,,r,,�r 7,�✓Fr.,..I.r �,,,,,�, «�r�er�(� ,,,I aa,�<��, u+�;�%w40,d .�< To provide Hydrov c, Excavation and Restoration Services for Subsurface Utility Locate (Test role)Quality Level A. Pricing Table l —SEE ATTACH; MENT B l Pricing Includes: Test hole, b ck..fill crew, concrete removal. crew, concrete repair,crew, haul trucks,, back fill material, concrete material.. a All items listed will be as equested by clients, direction. 2) 15 hole minimum to he laid out by clietit per mobilization/task order. Seller quantities will be billed. curl at$24 /h_r p�o�ti l to portal. 3 Test Hales 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 n ot found, Badger will continue excavating at clients direction u new test hole in order to v1sually verify the utility. S L)egal note on duc a ks. Some duct banks due to width may require two potholes to locate the edges if the width of the duct barik is required. b Ground conditions are considered to be average free of rock 6", in diameter or larger.,er. Larger obstructions greater than 6" diameter will be considered out of scope. c Badger will male every effort to work with the facility owner to correctly mark the facility. Any hole with no uti:l'ity 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-. brick, rail lines, manholes, large rocs or any other unknown obstructions, roads under roads, high water tables, sloughing sound., etc. any curs 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. 5 :inclement weather.: For safety, weather is a factor and has to be favorable to word. Badger is not responsible for weather delays or added expense. b All crews expect to work unimpeded without client delay. Payment is expected no liter than. 30 days from receipt of invoice with zero percent %) ret inage withheld. pricing is valid for thirty 3 days. Rate Sheet ATTACHMENT B Date- 7/10/20,13 DAYLIGHTING CORP. Thank you for considering Badger Day fight ing to provide the hydro excavation for your project. We will be pleased to assist you on these projects at,the rates noted below. 1. HOURLY EXCAVATION(Four our Minimurn) PER TRUCK $240.00 2. OVERTIME,RATE (Weekends&work exceeding 8 hours per day) PER TRUCK $245.00 3. PER DIEM(required if work requires overnight accon-u-nodations) PER FEE OR $150.00 4. MOBILIZATION(exclude if project lies within 5O n-ffles of Badger office) PER HOUR $150.0O 5. CHASE TRUCK if applicable and/or required) PER HOUR $30.0!0 6. BACK,FH.,L MATERIAL(Includes standard fill dirt) PER tOCY $290.00 7. ORANGE FENCE(50FT roll) PER ROLL, $23.00 8. ST PER EACH $7.00 ,9. CONCRETE REMOVAL CREW(labor,equipment,,includes repair habor as PER HOUR $230.00 well) 10i. BA CKFILL CREW(labor,equipment) PER HOUR $150.00 11. HAUL TRUCKS("our hour minimum) PER H $120.00 12.DUMP CHARGES if needed) PER LOAD $30.00 1.3.WATER CHARGES(if needed) PER LOAD $15.00 14.CONCRETE MATERIAL(Standard 5000 psi,Four yard minimum) PER CY $135.00 15. FUEL UPCHARGE(for every$0.5( above$4.00 per Gallon) PER 140UR .00 1 REMOTE HOSE(if required) PER FOOT $3.0'O 17. SEWEIR JETTING TRAIELER PER DAY $325,.00 18.3 TON PICKUP use with jettiDg trailer only) PER DAY $1.00.00 Notes: 1. Rates, include all hoses and necessary equipment.for Hydrovac Excavation. 2. Customer,is respons,ible for a water source and dump site for spoil. 3. Rates valid for 30 Days Questions, & Comments, will be addressed, by.- Dave Gosdz ins kli Dallas Area Manager 817-701-5177 Phone dgos_dAnski@bad er-coi-p...Kom Email.