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