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HomeMy WebLinkAboutContract 33047 c � CITY SECRETARY ��q CONTRACT No. FORTWORTH City of Fort Worth Engineering Department Survey Services Division Requirements Contract CITY SECRETA CONTRACT hi STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That the City of Fort Worth, a municipal corporation situated in Tarrant, Wise and Denton Counties, Texas, acting herein, by and through Marc A. Ott, its duly authorized Assistant City Manager, hereinafter called "CITY", and SAM, Inc., acting herein by and through Mickey D. Nowell, RPLS, its duly authorized Vice-President, hereinafter called "SURVEYOR°, hereby make and enter into the following agreement: ARTICLE 1 SERVICES Section 1 For and in consideration of the covenants and payments herein mentioned, 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 Texas. The services to be performed by the SURVEYOR hereunder shall include topographic, preliminary, geodetic, cadastral, construction, as-constructed and all other necessary land surveying tasks, 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 number(s), Project Name, plans, maps, plats, sample formats (ASCII, DWG, DXF files and any required hard copies of data) in which the completed data is to be supplied to the CITY, project schedules, etc. or other pertinent data as necessary. Each PROJECT INFORMATION AND INSTRUCTION PACKET issued to SURVEYOR shall become a part of this agreement, and it will be the SURVEYOR'S responsibility to make certain that completed data is fumished to the CITY IN THE EXACT FORMAT REQUESTED 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 (2)working 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 (1) or more projects at any given time, and that the foregoing time limitations will apply to each individual request for services on which the SURVEYOR'S forces are working. The SURVEYOR acknowledges hereby that it may be one (1) of several surveying firms that the CITY may contract with as independent contractors, any of which may be providing like services to the CITY simultaneously at separate sites. Further,the SURVEYOR acknowledges that the services requested by the CITY hereunder will supplement like services by CITY forces with the intent to maintain the capacity of CITY forces to meet work deadlines during periods in which work loads 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. Section 2 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 (8) 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 shall provide services of a two (2) member field crew on an hourly basis, eight (8) hours minimum change 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 a Registered Professional Land Surveyor, licensed by the Texas Board of Professional Land Surveying, on an hourly basis, 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 basis, 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 shall 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. No additional compensation shall be paid for subconsultant services. 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 2000/IntelliCAD 98, Release 1.0e). All text data such as Real Property Descriptions, coordinate files, cut 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 then current rules and regulations of the TEXAS BOARD OF PROFESSIONAL LAND SURVEYING as such may be amended from time to time, and except as 3 provided for herein 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. 9. The CITY may, at its discretion, specify more stringent accuracy standards than those established herein at the time the services are requested, and if so specified, shall be in writing signed by the CITY. ARTICLE II 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,tools, 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: Clerical $ 50. 00 THREE (3) MEMBER FIELD CREW $ 140. 00 TWO (2) MEMBER FIELD CREW $ 120. 00 REGISTERED PROFESSIONAL LAND SURVEYOR $ 125. 00 GLOBAL POSITIONING SYSTEMS CREW $ 160. 00 SURVEYING TECHNICIAN $ 75. 00 VENDOR SERVICES $Actual Invoice Plus 10% Section 2 In no event shall the payment by the CITY for all work and services performed hereunder exceed the sum of$250,000. Section 3 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 well 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 4 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 ASSIGNMENT OF CONTRACT Neither the CITY nor the SURVEYOR shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due)this document without the written consent of the other, except to the extent that it is limited by law. 4 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 sole discretion, a one- year renewal, subject to the parties agreeing to contract unit prices. Section 2 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 with the performance of this contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this contract. Section 3 If the CITY terminates this contract under the forgoing Section 2, 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 VI 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 acts 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. The doctrine of respondeat superior shall not apply as to the relationship between the CITY and SURVEYOR. In accordance with the PROFESSIONAL LAND SURVEYING ACT of 1991, as amended in 1995,the CITY is hereby informed that any complaints about the surveying services may be directed to the TEXAS BOARD OF PROFESSIONAL LAND SURVEYING, 7701 North Lamar, Suite 400,Austin, Texas, 78752, (512) 452-9427. ARTICLE VII INDEMNIFICATION AND INSURANCE REQUIREMENTS Section 1 5 Approval by the CITY of this agreement or any work performed by SURVEYOR shall not constitute or be deemed to be a release of the responsibility and liability of the SURVEYOR, its officers, agents, employees, and subcontractors for the accuracy and competency of the services performed under this agreement, including but not limited to survey, 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 act, error or omission in the performance of SURVEYOR'S 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, 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 act, error or omission in the performance of SURVEYOR's professional services or in the conduct or preparation of surveys, designs,working drawings, specifications, and other surveying documents incorporated into any improvements constructed in accordance therewith. The SURVEYOR shall defend at its own expense any suits or other proceedings brought against the CITY and its officers, agents,servants, and employees, or any of them on account thereof, and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against them or any of them 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 persons 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. Without limiting the above indemnity, SURVEYOR shall provide to CITY a certificate of insurance as proof that the SURVEYOR has obtained a policy of comprehensive general liability coverage (occurrence basis)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: Commercial General Liability$1,000,000 Per Occurrence Employers Liability Insurance Bodily Injury $500,000 Each Accident $500,000 Policy Limit $500,000 Bodily injury by disease,each employee Workers Compensation Coverage A: Statutory limits Coverage B:Employer's Liability $100,000 each accident $500,000 disease-policy limit $100,000 disease-each employee Business Automobile Combination Single limits $500,000 each accident Personal Injury $250,000 each person S 6 2 rq V n Uninsured $500,000 each accident Professional Liability Insurance (Errors and Omissions) $1,000,000 Per claim $2,000,000 Project aggregate 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 Contractual Liability. The insurance coverage prescribed herein shall be maintained until one(1) year after City acceptance of the construction project for which the surveying services were provided and shall not be canceled without prior 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 without thirty(30)days prior written notice to the City. Section 2 Additional Insurance Requirements: a. The City, its officers, employees and servants shall be endorsed as an additional insured on SURVEYOR's insurance policies excepting employer's liability insurance coverage under SURVEYOR's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the director of the Department of Engineering, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of under this agreement. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers'compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for SURVEYOR's insurance. h 7 j. SURVEYOR's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, SURVEYOR 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. I. SURVEYOR's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, SURVEYOR shall provide complete copies of all insurance policies required by these contract documents. ARTICLE Vlll RIGHT TO AUDIT The SURVEYOR agrees that the CITY shall, until the expiration of three (3) years after the final payment under this contract, have access to and the right to examine any directly pertinent books, 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 workspace 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 (3) years after the final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, computer media, and records of such consultant involving transactions relating to the subcontract, and further that the 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, The CITY shall give the consultant reasonable advance notice of the intention to audit. SURVEYOR and its subconsultants agree to photocopy such project-related documents as may be requested by the City. The City agrees to reimburse SURVEYOR and it subconsultants for the costs of copies at the rate published in the Texas Administrative Code. ARTICLE IX MBENVBE GOALS MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION: In accord with City of Fort Worth Ordinance No. 15530,the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Surveyor acknowledges the M/WBE 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 (3) years. ARTICLE X LIQUIDATED DAMAGES Should the SURVEYOR fail to complete the work as set forth in any PROJECT INFORMATION AND INSTRUCTION PACKET assigned to Surveyor within the timeso -- 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 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 XI FIRM IDENTIFICATION Section 1 Vehicle Identification:All vehicles used under this contract shall have a sign on each side identifying the name of SURVEYOR. Section 2 Employee Identification:All employees of SURVEYOR or its subconsultants shall display an identification badge, with their picture displayed upon it, their name, and their employers' name. Further, all employees shall cant' business cards and offer them to all members of the public that they have contact with. Section 3 Representation:SURVEYOR and subconsultant's employees shall make every reasonable effort to inform citizens that they are not employees of the City, but private contractors, providing services to the City. 10 ARTICLE XII VENUE This contract shall be construed in accordance with the laws of the State of Texas. Venue of any suit or cause of action arising under this contract shall lie in exclusively in Tarrant County, Texas. IN WITNESS WHE—" F,the parties`e-"v have a cecuted this agreement in triplicate originals on this date the day of 200y� Approval Recommended: C' ort By. A. Douglas Rademaker, P. E. Marc A. Ott Department of Engineering Assistant City Manager TTEST: Marty Hendrix, City Secretary ATTEST: Mickey D. Nowell, RPLS SAM, Inc. By: Secretary Vice-Presid t V Address: 1450 Empire Central Dr. Contract Authorizpktiox Suite 175 i- aL Dallas, TX 75247 Date APPROVED O FORM AND LEGALITY: APPROVAL RECOMMENDED: City Attorney Director, Department of Engineering Date: Page Y. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/30/2004 DATE: Tuesday, November 30, 2004 LOG NAME: 30LANDSURVEY REFERENCE NO.: **C-20416 SUBJECT: Authorize Award of Annual Requirement Contracts for Professional Land Surveying Services for Various City Projects RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a one-year requirement contract with each of the four selected firms of A.N.A. Consultants, LLC; JPH Land Surveying, Inc.; NTB Associates, Inc.; and SAM, Inc. to provide land-surveying services with aggregate fees not to exceed $250,000.00 per contract and with one one-year renewal option with renegotiated unit prices for each contract. DISCUSSION: The City has historically entered into annual requirement contracts with private sector land-surveying firms to provide services for various City projects as needed. The purpose of the periodic requirement contracts is to supplement City staff as needed and provide flexibility and rapid response to City needs using pre- established unit prices. Funding for the services is provided through the individual projects. Staff solicited statements of qualifications and received responses from nine firms. A selection committee comprised of City staff interviewed the firms and selected the firms of A.N.A. Consultants, LLC; JPH Land Surveying, Inc.; NTB Associates, Inc. and SAM, Inc. Staff has negotiated unit prices contained in each contract and believes the unit prices to be fair and reasonable. Staff recommends that each of the four firms be awarded a contract for a term of 12 months or $250,000 per firm in total billings, whichever occurs first. A sub-consultant goal was not set on this project due to negligible opportunities to use sub-consultants. However, two of the four firms selected are certified M/WBE firms. These projects are located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the various capital project funds. TO Fund/Account/Centers FROM Fu nd/Accou nt/C enters Submitted for City Manager's Office by. Marc Ott (8476) Originating Department Head: A. Douglas Rademaker(6157) Additional Information Contact: A,. Douglas Rademaker(6157) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/10/2006