HomeMy WebLinkAboutContract 52812 City Secretary Contract No.
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�6' Wd ZI V 0 PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by
and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by
and through Jay Chapa, its duly authorized Assistant City Manager, and Surveying And Mapping, (SAM),
LLC. ("Consultant"), a Texas Company, and acting by and through Patrick Smith, its duly authorized
Senior Vice President, each individually referred to as a "party" and collectively referred to as the
"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Consultant Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule; and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement
shall control.
1. Scope of Services
(1) Surveyor hereby agrees to perform the professional services set forth in the Scope of
of Services attached hereto as Attachment "A". These services shall be performed in
connection with On Call Survey Services.
(2) Additional services, if any, will be requested in writing by the City. City shall not pay
for any work performed by Surveyor or its subsurveyors, subcontractors and/or
supplier that has not been ordered in writing. It is specifically agreed that Surveyor
shall not be compensated for any alleged additional work resulting from oral orders of
any person.
2. Term. This Agreement shall begin on November 1, 2018 ("the Effective Date") and
shall be for a term of three (3) years, unless terminated in accordance with the terms of this Agreement.
Unless terminated earlier in accordance with this Agreement ("Initial Term"). City shall have the option,
in its sole discretion, to renew this Agreement under the same terms and conditions, for up to two (2) one-
year renewal options, at City's sole discretion.
3. Compensation. City shall pay Consultant in accordance with the fee schedule of
Consultant personnel who perform services under this Agreement in accordance wit the provisions of this
Agreement and Exhibit"B,"—Price Schedule. Total payment made under this Agree rMfOPA RfiC§W
Professional Services Agreement FTOQTH,TX
City Secretary Contract No.
by City shall be in an amount up to Fifty Thousand Dollars ($50,000.00). Consultant shall not perform
any additional services or bill for expenses incurred for City not specified by this Agreement unless City
requests and approves in writing the additional costs for such services. City shall not be liable for any
additional expenses of Consultant not specified by this Agreement unless City first approves such expenses
in writing.
4. Termination.
4.1. Written Notice. City or Consultant may terminate this Agreement at any time and
for any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period
for which appropriations were received without penalty or expense to City of any kind whatsoever,
except as to the portions of the payments herein agreed upon for which funds have been
appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City shall pay Consultant for services actually rendered up
to the effective date of termination and Consultant shall continue to provide City with services
requested by City and in accordance with this Agreement up to the effective date of termination.
Upon termination of this Agreement for any reason, Consultant shall provide City with copies of
all completed or partially completed documents prepared under this Agreement. In the event
Consultant has received access to City Information or data as a requirement to perform services
hereunder, Consultant shall return all City provided data to City in a machine readable format or
other format deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Consultant hereby warrants to City that
Consultant has made full disclosure in writing of any existing or potential conflicts of interest
related to Consultant's services under this Agreement. In the event that any conflicts of interest
arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make
full disclosure to City in writing.
5.2 Confidential Information. Consultant, for itself and its officers, agents and
employees, agrees that it shall treat all information provided to it by City ("City Information") as
confidential and shall not disclose any such information to a third party without the prior written
approval of City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
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5.3 Unauthorized Access. Consultant shall store and maintain City Information in a
secure manner and shall not allow unauthorized users to access, modify,delete or otherwise corrupt
City Information in any way. Consultant shall notify City immediately if the security or integrity
of any City Information has been compromised or is believed to have been compromised, in which
event, Consultant shall, in good faith, use all commercially reasonable efforts to cooperate with
City in identifying what information has been accessed by unauthorized means and shall fully
cooperate with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Consultant agrees that City shall, until the expiration of three (3) years
after final payment under this contract, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including,but not limited to,all electronic records,of Consultant involving transactions
relating to this Agreement at no additional cost to City. Consultant agrees that City shall have access during
normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section. City shall give
Consultant reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Consultant shall
operate as an independent contractor as to all rights and privileges and work performed under this
Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the
conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the details
of its operations and activities and be solely responsible for the acts and omissions of its officers, agents,
servants, employees, consultants and subConsultants. Consultant acknowledges that the doctrine of
respondeat superior shall not apply as between City, its officers, agents, servants and employees, and
Consultant, its officers, agents, employees, servants, Consultants and subConsultants. Consultant further
agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between
City and Consultant. It is further understood that City shall in no way be considered a Co-employer or a
Joint employer of Consultant or any officers, agents, servants, employees or subConsultant of Consultant.
Neither Consultant, nor any officers, agents, servants, employees or subConsultant of Consultant shall be
entitled to any employment benefits from City. Consultant shall be responsible and liable for any and all
payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or
subConsultant.
8. Liability and Indemnification.
8.1 LIABILITY-CONSUL TANT SHALL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCL UDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
CONSULTANT, ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- CONSULTANT HEREBY COVENANTS
AND AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPER TY DAMA GE OR LOSS(INCL UDING ALLEGED DAMAGE OR LOSS TO
CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA USED B Y THE
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NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS
OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION— Consultant agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement,it being understood that this agreement to defend, settle or pay shall not apply if
City modifies or misuses the software and/or documentation. So long as Consultant bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Consultant shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Consultant in doing so.In the event City,for whatever reason,assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City shall have the sole right to conduct the
defense of any such claimor action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Consultant shall fully participate and
cooperate with City in defense of such claim or action. City agrees to give Consultant timely
written notice of any such claim or action,with copies of all papers City may receive relating
thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses
shall not eliminate Consultant's duty to indemnify City under this Agreement.If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or,if as a result of a settlement or compromise, such use is materially adversely
restricted,Consultant shall, at its own expense and as City's sole remedy,either: (a) procure
for City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Consultant terminate this Agreement, and refund all amounts paid to Consultant by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assignment and Subcontractinu.
9.1 Assignment. Consultant shall not assign or subcontract any of its duties,
obligations or rights under this Agreement without the prior written consent of City. If City grants
consent to an assignment, the assignee shall execute a written agreement with City and Consultant
under which the assignee agrees to be bound by the duties and obligations of Consultant under this
Agreement. Consultant and Assignee shall be jointly liable for all obligations of Consultant under
this Agreement prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Consultant shall execute
a written agreement with Consultant referencing this Agreement under which sub Consultant shall
agree to be bound by the duties and obligations of Consultant under this Agreement as such duties
and obligations may apply. Consultant shall provide City with a fully executed copy of any such
subcontract.
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10. Insurance. Consultant shall provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Consultant, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned, hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability(Errors &Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
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(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage shall be provided to City. Ten (10) days' notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A-VII
in the current A.M. Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Consultant has obtained all
required insurance shall be delivered to the City prior to Consultant proceeding
with any work pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Regulations. Consultant agrees that in
the performance of its obligations hereunder, it shall comply with all applicable federal, state and local
laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement
will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City
notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall
immediately desist from and correct the violation.
12. Non-Discrimination Covenant. Consultant, for itself, its personal representatives,
assigns, subConsultants and successors in interest, as part of the consideration herein, agrees that in the
performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY CONSULTANT, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONSULTANTSS
OR SUCCESSORS IN INTEREST, CONSULTANT AGREES TO ASSUME SUCH LIABILITY
AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH
CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or(3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
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City Secretary Contract No.
To CITY: To CONSULTANT:
City of Fort Worth Surveying And Mapping(SAM), LLC.
Attn: Susan Alanis, Assistant City Manager Patrick Smith , Senior Vice President
200 Texas Street 4801 Southwest Parkway
Fort Worth, TX 76 1 02-63 1 4 Bldg. Two, Suite 100
Facsimile: (817) 392-8654 Austin, TX 78735
Facsimile: (512) 326-3029
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Consultant shall, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Consultant to insist upon the performance of any term
or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's
or Consultant's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. Governing Law/Venue. This Agreement shall be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to 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.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
19. Force Maieure. City and Consultant shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable control, including,
but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the
public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this
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Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the
entire understanding and agreement between City and Consultant, their assigns and successors in interest,
as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby
declared null and void to the extent in conflict with any provision of this Agreement.
24. 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
one and the same instrument.
25. Warranty of Services. Consultant warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty(30)days from the date that the services are completed. In such event, at Consultant's
option, Consultant shall either (a) use commercially reasonable efforts to re-perform the services in a
manner that conforms with the warranty, or (b) refund the fees paid by City to Consultant for the
nonconforming services.
26. Immip-ration Nationality Act. Consultant shall verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Consultant shall provide City with copies of all
I-9 forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Consultant employee who is not legally eligible
to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF
THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES,
SUBCONTRACTORS,AGENTS,OR LICENSEES. City, upon written notice to Consultant, shall have
the right to immediately terminate this Agreement for violations of this provision by Consultant.
27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in
conjunction with the services provided under this Agreement(collectively, "Work Product"). Further, City
shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright
Act of 1976, as amended, Consultant hereby expressly assigns to City all exclusive right, title and interest
in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade
secret, and all other proprietary rights therein, that City may have or obtain, without further consideration,
free from any claim, lien for balance due,or rights of retention thereto on the part of City.
28. Siunature Authority.The person signing this Agreement hereby warrants that he/she has
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
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authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Consultant
whose name, title and signature is affixed on the Verification of Signature Authority Form, which is
attached hereto as Exhibit "C". Each party is fully entitled to rely on these warranties and representations
in entering into this Agreement or any amendment hereto.
29. Change in Company Name or Ownership. Consultant shall notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Consultant or authorized official must sign the letter. A letter
indicating changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such change, copyof the
board of director's resolution approving the action,or an executed merger or acquisition agreement. Failure
to provide the specified documentation so may adversely impact future invoice payments.
30. No Boycott of Israel. Consultant acknowledges that in accordance with Chapter 2270 of
the Texas Government Code, the City is prohibited from entering into a contract with a company for goods
or services unless the contract contains a written verification from the company that it: (1)does not boycott
Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and
"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this contract, Consultant certifies that Consultant's signature provides written
verification to the City that Consultant: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples as of the
last date signed below.
(signature page follows)
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City Secretary Contract No.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
By: �� this contract, including ensuring all performance and
Name:_Title:
reporting requirements.
Assistant City Manager
Date: �< , 20& By:
Name:
APPROVAL RECOMMENDED: Title:
APPROVED AS TO FORM AND LEGALITY:
By:
Name:
Title: smb-/1_ By:
Name:
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ATTEST: Title: Assistant City Xttorney
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ONTRACT AUTHORIZATION:
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Name:
Title: City Secretary
CONSULTANT:
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Professional Services Agreement Page 10 of 17
EXHIBIT A
SCOPE OF SERVICES
ATTACHMENT"A"
Scope for On Call Survey Services
The scope set forth herein defines the work to be performed by the Surveyor. Both the
City and Surveyor have attempted to clearly define the work to be performed and
address the needs of the Project.
The services to be performed by the Surveyor shall include topographic, preliminary,
geodetic, geospatial,cadastral, construction, as-constructed and all other necessary
land surveying tasks, as specified by the City. The services may be requested by
the City on an as-needed basis.
The Surveyor shall be given written authorization to proceed with the requested
services along with all available project information, which shall contain the scope
of services to be provided, City project numbers, purchase order numbers, project
name, project schedules, or other pertinent data as necessary. All authorizations
and project information issued to Surveyor shall become a part of this Agreement,
and it will be the Surveyor's responsibility to make certain that completed data
furnished to the City is in the format requested, and that copies of all original data
is submitted to the City for its use including insertion into permanent project files.
The Surveyor agrees to begin work on any requested services within two(2) business
days after the receipt of the written authorization to begin work, and work authorized
hereunder shall be completed within a time period to be specified in writing at the
time the Surveyor is authorized to begin work. The Surveyor agrees that it may be
requested to perform services simultaneously on one or more projects at any given
time, and that the foregoing time limitations will apply to each individual request for
services on which Surveyor is working.
The Surveyor acknowledges that it may be one of several surveying firms that the
City has contracts with as independent contractors, any of which may be providing
like services to the City simultaneously. Further, the Surveyor acknowledges that
the services requested by the City will supplement like services by City and this
Agreement in no way grants any exclusive right of the Surveyor to provide services
unless such services are initiated and requested in writing by the City, in City's sole
discretion.
The Surveyor shall provide but not be limited to the following:
1. Provide services of a minimum two (2)member field crew on an hourly rate
basis and perform the services within the time specified by the City. A four
City of Fort Worth
Attachment A
Page 1 of 3
Vendor Services Agreement—Exhibit A Page 11 of 17
City Secretary Contract No.
(4) hours minimum charge will be considered by the City upon request.
2. Provide services of a Registered Professional Land Surveyor, licensed by
the Texas Board of Professional Land Surveying, on an hourly rate basis,
and perform the services within the time specified by the City.
3. Provide services of Surveying Technicians, experienced in preparation of
survey-related documents such as maps, plats, legal descriptions, records
research or other related documents or technical services as specified at
time the request is made, on an hourly rate basis, and perform the services
within the time specified, or approved, by the City.
4. Provide personnel and equipment to perform work using Clerical Staff on an
hourly rate basis and perform the services within the time specified, or
approved,by the City.
5. Perform the services from other vendors necessary for the execution and
progress of the assigned project.Payment for these services shall be at a rate
of actual billing to the Surveyor,plus ten percent(10%)for profit and overhead.
A copy of the invoice from the vendor to the Surveyor must be submitted to
the City with the Surveyor's invoice for payment for all work performed. No
additional compensation shall be paid for sub Surveyor services.
6. Provide all field notes, plats, maps, legal descriptions or other specified
documents prepared in conjunction with the requested services in a digital
format compatible with the electronic data collection and computer aided
design and drafting software currently in use by the City Surveying Services
Division(Carlson Survey 2018,Trimble Business Center and Microsoft Office
Suite 2013). All data such as coordinate files shall be provided in the
American Standard Code for Information Interchange(ASCII)format and all
drawing files shall be provided in AutoCAD (DWG) format, or as otherwise
approved in writing by the City. All geospatial data such as attribute data,etc.
shall be provided in ESRI (SHP, SHX, and DBF) format compatible with
software currently in use by the City(ArcGIS).
7. All work provided shall conform to the PROFESSIONAL LAND SURVEYING
PRACTICES ACT and current General Rules of Procedures and Practices
of the TEXAS BOARD OF PROFESSIONAL LAND SURVEYING as
amended, and except as provided for herein must meet the minimum
standards of practice as set forth in the current edition of TEXAS SOCIETY
OF PROFESSIONAL LAND SURVEYORS MANUAL OF PRACTICE FOR
LAND SURVEYING IN TEXAS.
City of Fort Worth
Attachment A
Page 2 of 3
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 12 of 17
City Secretary Contract No.
8. Comply with,upon City specification in writing and at its sole discretion,more
stringent accuracy standards than those established at the time the services
are requested.
9. When access to private property is required as a component of the
requested services, where no known easement exists granting said access,
prior to the Surveyor's entry onto the property the Surveyor shall obtain a
written "RIGHT OF ENTRY" from the Property owner or his on-site
representative. The "RIGHT OF ENTRY"shall be prepared in accordance
with Attachment C,a copy of which shall be provided to the City in the format
requested (PDF). In the event Surveyor is unable to obtain said"RIGHT OF
ENTRY"in a timely manner, Surveyor shall notify the City, and the City shall
determine if Surveyor shall spend additional time trying to obtain said"RIGHT
OF ENTRY",or if City shall obtain the 'RIGHT OF ENTRY". If there is an
existing known easement granting access, Surveyor shall notify the property
owner in writing at the best available address of the property owner, and if
occupied,to the actual physical address of the property,and copy to the City,
prior to any entry onto the property.
City of Fort Worth
Attachment A
Page 3 of 3
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 13 of 17
City Secretary Contract No.
Blank Page
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 14 of 17
EXHIBIT B
PRICE SCHEDULE
SAM
STANDARD DALLAS SURVEY RATESCHEDULE
Effective January 1,
2019
(Rates subject to Re-negotiation/CPI adjustment at the beginning of each calendar year)
SURVEY FIELD CREW SERVICES:
Two(2) Person Survey Field Crew$140.00 per hour
Three(3) Person Survey Field Crew$175.00 per hour
Additional Rodperson,Chainperson or Flagperson $35.00 perhour
1 Person Crew with GPS Receiver or Robotic Total Station$115.00 per hour
GPS Receiver$25.00 per hour
Field Coordinator$100.00 per hour
Laser Scanning Technician$85.00 per hour
Laser Scanner$85.00 per hour or$850.00 per day
ATV or Utility Vehicle$75.00 per day
Field crews are equipped with a four-wheel drive vehicle.There is mileage charge for survey
crew vehicles computed at the current I.R.S. mileage allowance plus$35.00 perday.
SURVEY OFFICE PERSONNEL SERVICES:
Principal$180.00 per hour
Associate/Senior Project Manager$170.00 per hour
Project Manager$140.00 per hour
Phase Manager$130.00 per hour
Project Coordinator$130.00 per hour
Staff Surveyor$130.00 per hour
Senior Technician$95.00 per hour
Survey Technician$85.00 per hour
Clerical Support$75.00 per hour
All surveying services are regulated under the Texas Board of Professional Land Surveying.The Board can be contacted at 12100
Park 35 Circle,Bldg.A,Suite 156 Austin,Texas78753.
Overtime Rates:
The Overtime Rate for Field Survey Personnel shall be computed at 1.5 times the hourly rate in
excess of 9 hours per day.
The Overtime Rate for Office Survey Personnel shall be computed at 1.5 times the hourly rate in
excess of 9 hours per day.
Vendor Services Agreement—Exhibit B Page 15 of 17
City Secretary Contract No.
Rain-out/Delays/Stand-by:
• If show up and unable to start regularly scheduled workday: 2 hours per man
• If work commences and is stopped prior to 4 hours: 4 hours per man
• Any work beyond 4 hours: the greater of actual hours worked or 8 hours per man
• Personnel put on stand-by time by Client shall be paid for actual hours on stand-by.
Stand-by time hours may not exceed eight (8) hours per day, forty (40) hours per
week.
** Hourly rates do not include vehicle mileage charges, per diem charges or any of the Additional
Survey Equipment charges. Hourly rates are allowed for all travel and standby time. Mobilization
and Demobilization to the project will be handled on a time and materials based on the rates shown
herein.
C:\Users\mmedina\AppData\Local\Microsoft\Windows\Temporary
Internet Files\Content.Outlook\O6KPI26K\Standard Dallas Rate
Schedule 1-1-2019.doc
See Attached
Travel & Subsistence.-
All travel and subsistence expenses for personnel are invoiced at GSA Rates when project site is more
than 2 hours away from office location(s). Cost of mileage on company-owned vehicles is computed
at the current I.R.S. mileage allowance. Cost for company-owned four wheel drive vehicles is
computed at the current I.R.S. mileage allowance plus$35.00 perday.
Purchased Services:
All purchased services are invoiced at actual cost plus ten percent (10%) handling.These include but
are not limited to reproduction, computer time, long distance telephone, consultants, subcontract
services, rented or leased equipment,expendable supplies,and project required special supplies.
Taxes:
Boundary surveying services and fees are subject to State and Local sales tax. 8.25%sales tax, when
applicable,will be collected
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 16 of 17
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Surveying And Mapping, LLC
4801 Southwest Parkway, Bldg.Two,Suite 100
Austin,TX 78735
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Consultant and to execute any agreement,
amendment or change order on behalf of Consultant. Such binding authority has been granted by proper
order,resolution,ordinance or other authorization of Consultant.City is fully entitled to rely on the warranty
and representation set forth in this Form in entering into any agreement or amendment with Consultant.
Consultant will submit an updated Form within ten (10) business days if there are any changes to the
signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form
that has been properly executed by Consultant.
1. Name: Christopher M. olom
Position: President/C
Signature
2. Name:Rob Butler
Position: Chief Operatipg Officer
Signature `
3. Name: Patrick A. Smith
Position: Senior Vice President
Signature
Name: Christopher M. So mon
Signature of President/CEO
Other Title:
Date:August 12, 2019
Vendor Services Agreement Exhibit C Page 17 of 17
Contract Compliance 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.
Sophia Gatewood
Name of Employee/Sign-at,,rP
Property&Casualty Manager
Title
Mark Barta
Asst. Director—Human Resources
Risk Management
This form is N/A as No City Funds are associated with this Contract
Printed Name Signature