Loading...
HomeMy WebLinkAboutContract 51729 CITY SECRETARY CITY OF FORT WORTH, TEXAS CONTRACT NO. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Lamb-Star Engineering, LP, authorized to do business in Texas ("Surveyor"), for a PROJECT generally described as: On-Call Land Surveying Services. Article I Scope of Services (1) Surveyor hereby agrees to perform the professional services set forth in the Scope 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 suppliers 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. Article II Compensation Surveyor shall be compensated an amount up to $1,000,000.00 in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". The Surveyor shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Surveyor's invoice for payment of same. Acceptance by Surveyor of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Article III Term Section 1. The term of this Agreement shall commence on the Effective Date and shall be for a term of two (2) years, unless terminated in accordance with the terms of this Agreement. Section 2. City, in its sole discretion, shall have the right, but not the obligation, to renew this S � Agreement once for a period of two (2) years from the termination date provided that ��ti Surveyor shall agree in writing to continue such agreement pursuant to the same conditions as contained herein. OFFICIAL,RECOR City of Fort Worth,Texas CITY SECRETARY' v Standard Agreement for Professional Services Revision Date:11.07.17 Pageo9 �� ® �`f®�T�,TX Section 3. The City has the option to extend the term of this Agreement, or any renewal period, as necessary for Surveyor to complete work on any project entered into prior to the expiration of the Agreement. Article IV Independent Contractor Surveyor shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Surveyor shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Surveyor, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Surveyor. Article V Professional Competence and Indemnification (1) Work performed by Surveyor shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Surveyor or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) THE SURVEYOR, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO SURVEYOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY SURVEYOR'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF SURVEYOR, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CIT)q OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VI Insurance (1) Surveyor shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 2 of 9 shall Surveyor allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Surveyor may elect to add any subsurveyor as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Surveyor's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Surveyor's insurance policies. b. Certificates of insurance shall be attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto 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. 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 3 of 9 g. 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. h. City shall not be responsible for the direct payment of insurance premium costs for Surveyor's insurance. i. 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. j. In the course of the Agreement, 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. k. Surveyor's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Surveyor shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Surveyor each bind themselves, and their lawful successors and assigns, to this Agreement. Surveyor, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) a. City may terminate this Agreement for its convenience on 30 days' written notice to Surveyor. b. Either the City or the Surveyor, for cause, may terminate this Agreement if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If City chooses to terminate this Agreement, upon receipt of notice of termination, Surveyor shall discontinue services rendered up to the date of such termination and City shall compensate Surveyor based upon calculations in Article II of this 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, consultants, or contractors, or prepared by Surveyor, shall be or City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 4 of 9 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 Right to Audit (1) Surveyor agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Surveyor involving transactions relating to this Agreement. Surveyor 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 Surveyor reasonable advance notice of intended audits. (2) Surveyor further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting surveyor 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, documents, papers and records of such sub-surveyor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub-surveyor 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 Surveyor and any sub-surveyor reasonable advance notice of intended audit. (3) Surveyor and sub-surveyors agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Surveyor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-2011, as amended), the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Surveyor 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 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 XI Observe and Comply Surveyor 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 affect this City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 5 of 9 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. Surveyor agrees to defend, indemnify 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, ordinance, or regulation, whether it be by itself or its employees. Article XII Immigration Nationality Act Surveyor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Surveyor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Surveyor 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 Surveyor employee who is not legally eligible to perform such services. SURVEYOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY SURVEYOR, SURVEYOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Surveyor, shall have the right to immediately terminate this Agreement for violations of this provision by Surveyor. Article XIII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIV 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 interpretation of this Agreement or any amendments or exhibits hereto. Article XV 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 application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 6 of 9 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 portion had never been contained therein. Article XVI Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Roy Teal Transportation & Public Works Dept. 8851 Camp Bowie Blvd. West Fort Worth, Texas 76123 Surveyor: Lamb-Star Engineering, LP Attn: John Lamb 5700 W. Plano Parkway, Suite 1000 Plano, TX 75093 Article XVII Prohibition On Contracts With Companies Boycotting Israel Surveyor 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, Surveyor certifies that Surveyor's signature provides written verification to the City that Surveyor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XVIII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 7 of 9 Article XIX Attachments, Schedules and 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 but one and the same instrument. The following attachments and schedules are hereby made a part of this Agreement: Attachment A - Scope of Services Attachment B - Compensation Attachment C-Temporary Right of Entry Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH SURVEYOR Lamb-Star Engineering, LP un Alanis J h Lamb Assistant City Manager a ident Date: t 1-1 Date: 12-- 12- 7o It APO L RECO M NDED: By. Ste, Cooke Interim Director, Transportation&Public Works LFT. L RECORD City of Fort Worth,Texas CRETARY Standard Agreement for Professional Services i Page 18 of gate:11.07.17 RTH,TX 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 Form 1295 No. �hz-2 reyuire«rent5. M&C No.: /oyyeal M&C Date: Construction ManagerTr APPROVED AS TO FORM AND LEGALITY ATTEST: 0..''' ""' By: o glas W. Black Mary J. Ki#ef JF Assistant City Attorney City Secretary City of Fort Worth,Texas Standard Agreement for Professional Services OFFICIAL RECO V. Revision Date:11.07.17 Page9 of 9CITY SECRETARY FT. WORTH,T 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 (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 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 ATTACHMENT B COMPENSATION Construction Inspection Services for Infrastructure Projects Time with Rate Schedule I. Compensation A. The Surveyor shall be compensated up to $1,000,000.00 for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the Surveyor's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate ($/hour) One 1 Member Field Crew 105.00 Two 2) Member Field Crew 155.00 Three 3 Member Field Crew 205.00 Registered Professional Land Surveyor 155.00 Administrative/Clerical 75.00 Surveying Technician 100.00 Hydrographic Surve Services 205.00 Geographic Information System Services 110.00 Record Drawing Services 95.00 ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to Surveyor plus a markup of ten percent (10%). iv. Budgets. Surveyor will make reasonable efforts to complete the work within the budget of the individual work request and will keep the City informed of City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION progress toward that end so that the budget of the individual work request can be adjusted if found necessary. Surveyor is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay Surveyor beyond these limits. If Surveyor projects, in the course of providing necessary services for the summation of individual work requests that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the Surveyor shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, Surveyor's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The Surveyor shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The Surveyor shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the Surveyor, based on the actual hours and costs expended by the Surveyor in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the Surveyor. C. Surveyor shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" SURVEYOR INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 «City Project_Number and Project Name>> Parcel# «Parcel_Number>> <<Property_Street_Number>> <<Property_Street_Name>> Lot-<<Lot_Number>>, Blk- «Block Number», «Addition_Name>> CITY OF FORT WORTH TEMPORARY RIGHT OF ENTRY STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § That the undersigned, hereinafter referred to as "Grantor", does by these presents grant and convey to the City of Fort Worth, TX, herein after referred to as "Grantee" a temporary right of entry onto property described as Block , Lot_, Addition as shown on the deed recorded in Volume Page Tarrant County Deed Records and plat recorded in Cabinet Slide Page Tarrant County Plat Records a/k/a , Fort Worth, Tarrant County, Texas, hereinafter referred to as the "Property", for the purpose of Upon execution of this agreement, Grantor will grant Grantee and its contractor's access to the Property for the purpose stated herein, until such time as the project is completed and approved by the Grantee, at which time the above described temporary right of entry becomes void. This Right of Entry shall include the right of Grantee and its employees, agents, representatives, or contractors to access the aforementioned property. TO HAVE AND TO HOLD the above described right of entry, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, is successors and assigns, for the purposes set forth above. Grantee shall restore the Property to the condition it was in immediately prior to accessing the Property under this Right of Entry. EXECUTED this the day of , 20_. GRANTOR: (Please Print) (Signature) (Authorized Title) TEMPORARY RIGHT OF ENTRY Rev. 10/1/17 FORT WORTH: DATE(MM/DD/YYYY) A6 Ro® CERTIFICATE OF LIABILITY INSURANCE 12/20/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dallas Certificates Hotchkiss Insurance Agency, LLC PHONE FAx 4120 International Parkway : 800-899-3750 ac No):972-512-7799 Suite 2000 EADDREss: Certs hiallc.com Carrollton TX 75007 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Co of Amer 25674 INSURED LAMBENG-01 INSURER B:Travelers IndemnityCompany 25658 Lamb-Star Engineering, L.P. 5700 W. Plano Parkway, Suite 1000 INSURER C: Plano TX 75093 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:1805586749 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DDIYYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY 6800021-835439 9/10/2018 9/2/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $1,000,000 X Severability MED EXP(Any one person) $5,000 of Int PERSONAL 8 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICYiJECTPRO- LOC [PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 81021-734106 9/10/2018 9/2/2019 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLA LIABX OCCUR CUP002L843777 9/10/2018 9/2/2019 EACH OCCURRENCE $8,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $8,000,000 DED I X I RETENTION$in nnn $ B WORKERS COMPENSATION UB0021_695451 9/10/2018 9/2/2019 X J PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The general liability policy includes a blanket additional insured endorsement for Ongoing and Completed Operations(CGD381 09/15)when required by written contract. The general liability policy includes a special endorsement with Primary and Noncontributory wording as required by written contract(CGD381 09/15) The general liability policy Includes a blanket additional insured endorsement(CGD379 01/16)specific to Owner,Manager or Lessor of Premises,Lessor of Leased Equipment,State or Political Subdivisions-Permits Related to Premises and State or Political Subdivisions-Permits Related to Operations. The general liability policy includes a blanket waiver of subrogation endorsement when required by written contract-per(CGD379 01/16) The general liability policy includes a blanket notice of cancellation to certificate holders endorsement,providing for 30 days'advance notice if the policy is cancelled by the company other than for non-payment of premium, 10 days'notice after the policy is cancelled for non-payment of premium. Notice is sent to See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. Transportation and Public Works Department 8851 Camp Bowie West Blvd AUTHORIZED REPRESENTATIVE Fort Worth TX 76116 1J ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LAMBENG-01 LOC#: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Hotchkiss Insurance Agency,LLC Lamb-Star Engineering, L.P. 5700 W.Plano Parkway,Suite 1000 POLICY NUMBER Plano TX 75093 CARRIER TAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation if the named insured requests cancellation-per(ILT400 12/09) The auto policy includes a blanket additional insured endorsement when required by written contract per(CAT353 02/15) The auto policy includes a blanket waiver of subrogation endorsement when required by written contract-per(CAT353 02/15) The auto policy includes a special endorsement with Primary and Noncontributory wording,(CAT474 02/16). The auto policy includes a blanket notice of cancellation to certificate holders endorsement,providing for 30 days'advance notice if the policy is cancelled by the company other than for non-payment of premium, 10 days'notice after the policy is cancelled for non-payment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation if the named insured requests cancellation-per(CAF086 02/15) The workers compensation policy includes a blanket waiver of subrogation endorsement when required by written contract-per(WC420304B) The workers compensation policy includes a blanket notice of cancellation to certificate holders endorsement,providing for 30 days'advance notice if the policy is cancelled by the company other than for non-payment of premium, 10 days'notice after the policy is cancelled for non-payment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation if the named insured requests cancellation-per(WC9906R3) ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) ACORO® CERTIFICATE OF LIABILITY INSURANCE 12/20/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONT PRODUCER McLaughlin Brunson NAMEACT Joe Bryant A Risk Strategies Company PHONE FAX 12801 N CENTRAL EXPY, STE 1710 Ex 214 503-1212 A/c No): 214 503-8899 Dallas, TX 75243 E-MAIL ADDRESS, certificate mclau hlinbrunson.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: XL Specialty Insurance Company 37885 INSURED INSURER B: Lamb-Star Engineering, L.P. INSURERC: 5700 West Plano Parkway, Suite 1000 INSURER D Plano TX 75093 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 46049553 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMlDDLICY/YYYY POLICY EXP MM/DD/YYYY LIMITS LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE CLAIMS-MADE �OCCUR PREM SESOEa occur ante $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑PRO- F-1JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED F RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I $ A Professional Liability DPR 9930962 9/2/2018 9/2/2019 Per Claim 5,000,000 Pollution Liability Annual Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible.Thirty(30)day notice of cancellation in favor of certificate holder on all policies. CERTIFICATE HOLDER CANCELLATION Clty Of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cilt Cam Bowie West Boulevard THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Fort Camporth B 76116 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 4. 6 Joe Bryant ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 96099553 1 18/19 PL I Joy Carlson 1 12/20/2018 11:52:25 AM (EST) I Page 1 of 1 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRT WO RT H Ir— COUNCIL ACTION: Approved on 12/11/2018 REFERENCE ** 202018 ON CALL LAND DATE: 12/11/2018 NO.: C-28966 LOG NAME: SURVEYING SERVICES CODE: C TYPE: CONSENTPUBLIC NO HEARING: SUBJECT: Authorize Execution of Contracts for On-Call Land Surveying Services with Gorrondona & Associates, Inc., Lamb-Star Engineering, L.P., Pacheco Koch Consulting Engineers, Inc., Shield Engineering Group, LLC and Surveying and Mapping, LLC Each with an Initial Term of Two Years and a Fee Not to Exceed $1,000,000.00 Per Firm Per Term and each with a Renewal Option for an Additional Two-Year Term (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of contracts for on-call land surveying services with Gorrondona &Associates, Inc.,tt'a"imb-Star Engineering, L.P., Pacheco Koch Consulting Engineers, Inc., Shield Engineering Group, LLC and Surveying and Mapping, LLC each with an initial term of two years and a fee not to exceed $1,000,000.00 per firm per term and each with a renewal option for an additional two-year term. DISCUSSION: The Transportation and Public Works Department solicited firms to provide on-call land surveying services as a supplement to City staff in order to accommodate peak periods in land surveying requests. A Request for Qualifications (RFQ) was published for these services in the Fort Worth Star-Telegram in August, 2018. The Department received Statements of Qualifications (SOQ) for professional services from 19 firms to provide land surveying services. Each firm was evaluated based upon pre-established selection criteria including qualification of personnel, experience and performance on previous City contracts and availability. An inter-departmental committee selected as most qualified and recommends the following firms for contract approval: Gorrondona &Associates, Inc., Lamb-Star Engineering, L.P., Pacheco Koch Consulting Engineers, Inc., Shield Engineering Group, LLC, and Surveying and Mapping, LLC. Funding for the on-call land surveying services will be provided through various project funding sources. The term of each contract is two-years with one two-year renewal option. The City has the option to extend the term of the agreements or the renewal period, as necessary, for the firm to complete work on any assignment issued prior to the expiration of the agreement including adjustments to the assignment's purchase order amount. The biennial amount of each contract is up to $1,000,000.00. The Office of Business Diversity in conjunction with the Transportation and Public Works Department has determined compliance with the City's Business Diversity Enterprise Ordinance by the inclusion of SBE firms on this project. Lamb-Star Engineering, L.P., Pacheco Koch Consulting Engineers, Inc., Gorrondona & Associates, Inc. and Shield Engineering Group, LLC are certified SBE firms. Surveying and Mapping, LLC is also being recommended for an award. This is for ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation, funds are available in the current capital budgets, as appropriated, of the various Capital Improvement Program Funds, and that prior to an expenditure being made, the department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount I ID I I ID I I Year I (Chartfield 2) l l FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID I I Year Chartfield 2 Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Roy Teal (7958) ATTACHMENTS Form 1295 Lamb-Star(Survey) 2018.427960 Redacted.odf Gorrondona 1295 (survey) 2018-427638 Redacted.pdf Pacheco 1295 (survey) 2018.428508 Redacted.pdf SaM 1295 (survey) 2018.428750 Redacted.�d Shield 1295 (survey) 2018.428706 Redacted.pdf