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HomeMy WebLinkAboutContract 25515 F CITY SECRETARY CONTRACT NO , STATE OF TEAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TA RANT That the City of Fort Worth, a municipal corporation situated in Tarrant County. Texas, acting herein, by and through Robert Terrell, its duly authorized City Manager, hereinafter called "CITY", andDannenbaum Engineering Cor at,n n acting herein by and through Wayne G. Ahrens , Its duly aut cri ed h i ef__gn rat i nor n f fi r-pr , hereinafter cabled "SU RVEYO I ", hereby male and eater into the following agreement: ARTICLE 1 SERVICES Section 1 For and in consideration of the covenants and payments herein mentioned, the SURVEYOR hereby covenants and agrees as an independent contractor, to perform the services hereinafter described with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texans. The services to be performed by the SURVEYOR hereunder shall include topographic, preliminary, geodetic, cardarstrarl, construction, as-constructed and all other necessary land surveying task, as specified by the CITY. The services hereunder may be requested by the CITY on a project-to-project basis, which will normally require from one 1 day to several months to complete. The SURVEYOR shall be given written authorization to proceed with the requested services along with a PROJECT INFORMATION AND INSTRUCTION PACKET which shall contain the scope of services to be provided, Department of Engineering (DOE) project numbers , Project Name, plans, maps, plants, sample formats(ASCII, DWG, DXF files and any required hand copies of data) in which the completed data is to be supplied to the CITY, project schedules, etc. or other pertinent data as necessary. The PROJECT INFORMATION AND INSTRUCTION PACKET shall become a part of this agreement, and it will be the SURVEYOR'S responsibility to male certain that completed data is furnished to the CITY IN THE E �T FORMAT REQUESTED UESTED IN THE INFORMATION AND INSTRUCTION PACKET , and that copies of the original field data are submitted to the CITY for inclusion into the permanent project files. Time is of the essence, therefore the SURVEYOR agrees to begin work on any requested services within two working days after the receipt of the written authorization to begin worn, 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 1 or more projects at any given time, and than the foregoing time limitations will apply to all individual requests for services on which the SURVEYOR'S'S forces are working. The SURVEYOR acknowledges hereby than it may be one 1 of several independent contractors, any of which may be providing life services to the CITY simultaneously at separate sites. f=urther, the SURVEYOR acknovAedges that the services requested by the CITY hereunder will supplement Iike sery ices by CITY forces with the intent to maintain the capacity of CITY forces to meet work deadlines during periods in which warn Ioads exceed normal levels, 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, depending only on the CITY'S evaluation of its work load and the CITY'S evaluation of the amenity of services by the SURVEYOR. 0 ink FMAL C�� LRe cfff kl�(.!IRIAUV WRIVNI T&O Section The services to be performed by the SURVEYOR shall include, but not limited to the following: 1 When requested by the CITY, the SURVEYOR shall provide services of a three (3) member field crew on an hourly basis, eight ( hours minimum charge per request, and perform within the time specified , the surveying services requested by the CITY. 2. When requested by the CITY,the SURVEYOR E shall provide services of a two 2 member field crew on an hourly basis, eight hours minimum charge per request, and perform within the time specified , the surveying services requested by the CITY 3. When requested by the CITY, the SURVEYOR shall provide services of Registered Professional Land Surveyor, licensed by the Texas Board of Professional Lanai Surveying, on an hourly bans, and perform within the time specified , the surveying services requested by the CITY. 4. When requested by the CITY, the SURVEYOR shall provide services of Surveying Technicians, experienced in preparation of survey related documents such as maps, plats, legal description, records research or other related documents or technical services as specified at time the request is made, on an hourly basin and perform within the time specified, the surveying services requested by the CITY. 5. When requested by the CITY, the SURVEYOR shall provide personnel and equipment to perform work using Global Positioning Systems on an hourly basis within the time specified by the CITY. 6- When requested by the CITY, the SURVEYOR shalt obtain 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 10 per cent 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 under this portion of the contract. 7. All field notes, plats, maps, legal descriptions or other specified documents prepared in conjunction with the requested services shall be provided 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 (Eagle Point ProSurveyor Plus). All text data such as legal descriptions, coordinate files, cart sheets etc. shall be provided in the American Standard Code for information Interchange (ASCII) format and all drawing files shall be provided in Autocad DWG OR DXF) format using sample documents provided to the SURVEYOR in the PROJECT INFORMATION AND INSTRUCTION PACKET, or as otherwise approved in writing by the CITY, and all data collected and generated during the course of the project shall become the property of the CITY. 8. All work provided by the SURVEYOR hereunder shall conform to the current rules and regulations of the TEXAS BOARD OF PROFESSIONAL LAND SURVEYING; and except as provided for herein meet the minimum standards of practice as set forth in the current edition of TEAS SOCIETY OF PROFESSIONAL LAND SURVEYORS "MANUAL OF PRACTICE FOR LAND SURVEYING IN TEXAS 9. The Cl-FY may, at its discretion, specify more stringent accuracy standards than those established herein at the time the services are requested. 4 ARTICLE 11 COMPENSATION Section 1 For all land surveying services provided hereunder, including but not limited to, all expenses for and provisions of payroll, supervision, overhead, profit, insurance, benefits, local travel, toots, equipment, materials, supplies and incidentals, the CITY agrees to pay the SURVEYOR a fee in the amount equal to the following hourly rates times the hours invoiced and approved for payment by the CITY for each request or portion thereof performed by the SURVEYOR: THREE 3 MEMBER FIELD DREW 110,50 TWO EMBER FIELD CREW . REGISTERED PROFESSIONAL LAND SURVEYOR � GLOBAL POSITIONING SYSTEMS CREW 109.50 SURVEYING G TEDHN10AN 1 , VENDOR SERVICES Actual Invoice Plus 10% Section In no event shall the payment by the CITY for all work and services performed hereunder exceed the sum of 250,000. Section Payment shall be made monthly upon receipt and approval by the CITY of an Invoice from the SURVEYOR, for services performed during the period covered by said invoice. The invoice shall include dates of service and hourly totals for each contract rate as weil as extended totals for each project by Department of Engineering project number, fund code, and project name as shown on the "Authorization to Begin Work". Section The award of this contract does not guarantee the expenditures of funds under this contract unless work is actually requested by the CITY, and performed by the SURVEYOR. ARTICLE III TRANSFER of CONTRACT T Neither the CITY nor the SURVEYOR R shall assign, sublet or transfer any rights under or interest in including, but without limitation, moneys that may become clue or moneys that are due)this document without the written consent of the other, except to the extent that it is limited by law. 5 ARTICLE IV TERMINATION of CONTRACT Section 1 This contract shall expire at midnight (CST), one year from the date on which said contract is approved and awarded by Council, with an option at the City's request, a one year renewal,with re-negotiated contract unit prices. Section The CITY may terminate this contract at any time and for any cause by a notice in writing to the SURVEYOR. Upon receipt of such notice the SURVEYOR shall immediately discontinue all services and work; and the placing of all orders or entering to contracts for supplies, assistance, facilities, and materials in connection vAth the performance of this contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this contract. Section If the CITY terminates this contract under the forgoing SECTION I, the CITY shall pay the SURVEYOR at contract rates for services performed prior to such notice of termination of contract. ARTICLE V OWNERSHIP of DOCUMENTS All completed or partially completed original documents prepared under this contract, shall become the property of the CITY upon termination or upon expiration of the contract, and may be used by the CITY in any manner it desires- provided, however, that the SURVEYOR shall not be liable for the use of such documents for any purpose other than as described when requested. ARTICLE 111 INDEPENDENT CONTRACTOR The SURVEYOR covenants and agrees that it will perform the work hereunder as an 'independent contractor, and not as an officer, agent servant or employee of the CITY; that the SURVEYOR shall have exclusive control of and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be liable for the ants and omissions of its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between the CITY and the SURVEYOR. In accordance with the PROFESSIONAL LAND SURVEYING ACT of 1 991, as amended in 1995, the CITY is hereby Informed that any complaints about the surveying services may be directed to the TE AS BOARD 0 E P RO FESSI ONAL LA N D SUR EYI NG, 7701 North Lamar, Suite 400, Austin: Texas, 73752, (512)452-9427. 6 ARTICLE VII INSURANCE Approval by the CITY of this agreement skull not constitute or be deemed to be a release of the responsibility and liability of the Surveyor, it officers, agents, employees, and subcontractors for the accuracy and competency of the services performed under this agreement, including but not limited to surrey, designs, working drawings and specifications and other surveying documents. Such approval shall not be deemed to be an assumption of such responsibility and liability by the CITY for any negligent acct, error or omission in the performance of Surveyors professional services or in the conduct or preparation of the surveys, designs: working drawings, and specifications or other surveying documents by the Surveyor, its officers, agent, employees and subcontractors. In this connection, the Surveyor shall indemnify and hold the CITY and all of its officers, agents, servants, and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death: to all persons, including but not limited to officers, agents, or employees of the Surveyor or subcontractors, and all persons performing any part of the work and improvements which may arise out of any negligent acct, error or omission in the performance of Surveyor's professional services or in the conduct or preparation of surreys, designs, working drawings, specifications, and other surveying documents incorporated into any improvements constructed in accordance there nth. The Surveyor shall defend at its own expense any suits or other proceedings brought against the city and its officers, agents, servant s, and empioyees, or any of therm on account thereof, and shal l pay all expenses and satisfy all judgments which may be incurred by or rendered against therm or any of therm in connection therewith, provided and except, however, that this indemnification provision shall not be construed as requiring the Surveyor to indemnify or hold the City or any of it's officers, agents, servants, or employees harmless for any loss, damages, liability or expense, on account of damage to property to injuries to parsons caused by defects of deficiencies in design criteria and information furnished Surveyor by City: or any deviation in construction from Surveyor's designs, working drawings, specifications or other engineering documents. With out I i m iti ng the above indemnity, Surveyor shall provide to City a certificate of insurance as proof than the Surveyor has obtained a policy of comprehensive general liability coverage occurrence basin with carriers acceptable to City covering all risks relating to the services to be performed under this contract, by the Surveyor, its subcontractors and consultants, such insurance to be in at least the following amounts: Bodily Injury Liability $250,000 Each Person $500,000 Each Occurrence Property Damage Liability $300,000 Each Occurrence Contractual Bodily Injury Liability $250,000 Each Person $500,000 Each Occurrence Contractual Property Damage $300,000 Each Occurrence The Surveyor shall not commence work under this Agreement until it has obtained Professional Liability Insurance as required hereunder and such insurance coverage has been approved by the City. Such insurance shall be in the minimum amount of$1,000,000 and shall include coverage of Contractually Assumed Liability. The insurance coverage prescribed herein shall be ,maintained until one 1 year after City acceptance of the construction project and shall not be canceled without prig written notice to the City. In this connection, upon the signing and return of this agreement by the Surveyor, a Certificate of Insurance shall be furnished to the City as evidence that the insurance coverage required herein has been obtained by Surveyor, and such certificate shall contain the provision that such insurance shall not be canceled or modified 7 without thirty days prior written notice to the City. Surveyor shall notify City within tern 10 days of any modification or alteration in such Professional Liability Insurance. ARTICLE hill RIGHT AT To AUDIT The SURVEYOR agrees that the CITY shall, until the expiration of three years after the final payment under this contract, have access to and the right to examine any directly pertinent boobs, documents, papers, computer media, and records of the SURVEYOR involving transactions relating to this contract. The SURVEYOR agrees that the CITY shall have access during normal working hours to all necessary SURVEYOR facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give the SURVEYOR reasonable advance notice of the intention to audit. The SURVEYOR further agrees to include in all its subcontracts hereunder a provision to effect that the subcontracting consultant agrees that the CITY shall, until the expiration of three years after the final payment under the subcontract, have access to and the right to examine any directly pertinent boobs, documents, papers, computer media, and records of such consultant involving transactions rebating to the subcontract, and further that the CI-FY 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. The CITY shall give the consultant reasonable advance notice of the 'intention to audit. ARTICLE t 'IBEfwBE GOALS MINORITY AND WOMAN BUSINESS ENTERPRISE PRISE MAtVBE PARTICIPATION: In accord with City of Fort Worth ordinance No. 11923, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Surveyor acl nova ledges the MAN BE goal established for this contract and its commitment to meet that goal. Any misrepresentation and/or the commission of fraud by the Surveyor 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 years. ARTICLE X LIQUIDATED DAMAGES Should the SURER fall to complete the work as set forth in any PROJECT INFORMATION N AI D INSTRUCTION I PACK ET assigned to Surveyor within the time so stipulated, plus any additional as may be allowed due to unforeseen circumstances, there shall be deducted from any moneys due or which may thereafter become due it, the sum of$75.00 8 r per calendar day, not as a penalty but as liquidated damages, and the SURVEYOR shall be liable to the CITY for such deficiency. 9 ARTICLE SCI FIRM IDENTIFICATION ATION Section 1 Vehicle Identification All vehicles used under this contract shall have a sign on each side identifying the Firm. Section 2, Employee Identification All employees shall display an identification badge, with their picture displayed upon it, their name, and their employers' name. Further, all employees shall carry business cards and offer them to all members of the public that they have contact with. Section Representation Employees shall make every reasonable effort to inform citizens that they are not employees of the city, but only private contractors, providing services to the City. n ARTICLE X11 VENUE Venue of any suit or cause of action under this contract shall Ile in Tarrant County, Texas, IN WITNESS WHEREOF E F, he parties he b have executed this agreement in triplicate originals on this date the. � �' day of 02 9.0 U U ATT T: i FCC W H F } } By City Secretary �w City Managk ATTEST: (Surveyor) '�4 IdLLN... By, f r a 7 !1 Secretary B e t ty Lo a day (titI Chief Operating Of fi cr Address: APPROVED AS TO FORM l AI D LEGALITY: APPROVAL RECOMMENDED: r City Attorney Director, Department of Engineering Date: Xo MIE0 k9ao I Aw Contract Authorization Date Ong.:04102/96, Rev 06/10196, Rev,.07124197,Rev. 11l 11971 Rev,06108198 PC: 1 370;c:Vny d cu ent l in d\doesVeqcont1 F1 Requirements nt ontrac:t.d oc 11 City f Fort Worth Department of Engineering Survey Saris Section Requirements Contract