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HomeMy WebLinkAboutContract 59000CSC No. 59000 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home -rule municipality ("City"), and Surveying And Mapping, LLC, authorized to do business in Texas ("Surveyor"), for a project generally described as: On -Call Land Surveying Services ("Project"). Article I Scope of Services (1) Surveyor hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, Surveyors, or contractors, or prepared by Surveyor, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Surveyor shall be compensated an amount up to $500,000.00 ("Contract Amount") in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Surveyor shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Surveyor of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to the schedule, whichever occurs first, unless terminated in accordance with the terms of this City of Fort Worth, Texas OFFICIAL RECORD [Insert Project Name] Standard Agreement for Professional Services CITY SECRETARY [Insert Project Number] Revision Date: November 23, 2021 Page 1 of 9 FT. WORTH, TX Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Surveyor shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of 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 respondent 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 Work performed by Surveyor shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Surveyor's work or work product 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 performance of the Services. Article VI Indemnification SURVEYOR, AT NO COST TO THE CITY, AGREES TO INDEMNIFY AND HOLD 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 C/Tr OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. City of Fort Worth, Texas [Insert Project Name] Standard Agreement for Professional Services [Insert Project Number] Revision Date: November 23, 2021 Page 2 of 9 Article VII Insurance Surveyor shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Surveyor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Surveyor, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Surveyor at least 30-days prior to the date of termination, unless Surveyor agrees in writing to an earlier termination date. (2) Either City or Surveyor may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Surveyor, Surveyor shall discontinue Services on the date such termination is effective. City shall compensate Surveyor for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Surveyor agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Surveyor involving transactions relating to Agreement. Surveyor agrees that City shall have access during normal working hours City of Fort Worth, Texas [Insert Project Name] Standard Agreement for Professional Services [Insert Project Number] Revision Date: November 23, 2021 Page 3 of 9 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 subcontractor agrees that 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 subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor 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 subcontractor reasonable advance notice of intended audit. (3) Surveyor and subcontractor(s) agree to photocopy such documents as may be requested by City. 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 XII Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with City's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Surveyor acknowledges the MBE and WBE goals established for Agreement and its execution of this Agreement is Surveyor's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Surveyor may result in the termination of Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XIII 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 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 or its subcontractor(s). City of Fort Worth, Texas [Insert Project Name] Standard Agreement for Professional Services [Insert Project Number] Revision Date: November 23, 2021 Page 4 of 9 Article XIV Immigration Nationality Act Surveyor shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under 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 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 Agreement for violations of this provision by Surveyor. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of 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. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of City or Surveyor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Surveyor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of Agreement and the application of such City of Fort Worth, Texas [Insert Project Name] Standard Agreement for Professional Services [Insert Project Number] Revision Date: November 23, 2021 Page 5 of 9 word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided 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: David Scott Transportation and Public Works 3741 SW Loop 820 Fort Worth, Texas 76133 Surveyor: Surveying and Mapping, LLC Attn: Patrick A. Smith 4801 Southwest Pkwy Building 2 Suite 100 Austin, TX 78735 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Surveyor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Surveyor has 10 or more full time -employees and the contract value is $100,000 or more, 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 if Chapter 2271, Texas Government Code applies, Surveyor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas [Insert Project Name] Standard Agreement for Professional Services [Insert Project Number] Revision Date: November 23, 2021 Page 6 of 9 Article XX Prohibition on Boycotting Energy Companies Surveyor acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Surveyor certifies that Surveyor's signature provides written verification to the City that Surveyor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Surveyor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Surveyor certifies that Surveyor's signature provides written verification to the City that Surveyor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXII 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 Agreement. City of Fort Worth, Texas [Insert Project Name] Standard Agreement for Professional Services [Insert Project Number] Revision Date: November 23, 2021 Page 7 of 9 Article XXIII 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 Agreement: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Changes to Agreement Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH William Johnson (Ma 7, 2023 13:15 CST) William Johnson Assistant City Manager Mar 7 2023 oov�nnu Date: aa�FORr�n °oado a°tea ° o-4, ATTEST: pro o=� c�* l c00000ll000 *� d��� nEXASapp Jannette Goodall City Secretary /_1»Yel%1NVElsie] 8 1812101111111110 By. Lauren Prieur (Mar 1, 2023 08:13 CST) Lauren Prieur Interim Director, Transportation & Public Works City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: November 23, 2021 Page 8 of 9 BY: SURVEYOR Surveying And Mapping, LLC Patrick A. Smith, RPLS Principal/Executive Vice President Digitally signed by Patrick A Smith DN: C=l1S, E=psmilh@sam.biz, D="Surveying A5mMhpping,LLC", OU=Executive, CN=Pa[rick Patrick A Smith D11e: 2023.02.14 13:16:36-06'00' Date: February 14, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX [Insert Project Name] [Insert Project Number] APPROVED AS TO FORM AND LEGALITY . �ByDBlack (Mar7, 2CST) Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: Form 1295 No. M&C No.: 23-0027 M&C Date: 1/10/23 By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. David Scott, Survey Superintendent Signature: Email: allison.tidwell@fortworthtexas.gov City of Fort Worth, Texas [Insert Project Name] Standard Agreement for Professional Services [Insert Project Number] Revision Date: November 23, 2021 Page 9 of 9 ATTACHMENT "A" Scope for On Call Survey Services The scope set forth herein defines the work to be performed by the SURVEYOR in completing the project. 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 are 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 (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. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 2 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 (Civil 3D 2023, 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, comma -delimited) 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 ACTS and current General Rules of Procedures and Practices of the TEXAS BOARD OF PROFESSIONAL ENGINEERS AND 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. 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, Texas Attachment A PMO Release Date: 02.06.2015 Page 2 of 2 ATTACHMENT B COMPENSATION Construction Inspection Services for Infrastructure Projects Time and Materials with Rate Schedule Project Compensation A. The SURVEYOR shall be compensated 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) Field Crew Member 125.00 Two (2) Field Crew Member 170.00 Three (3) Field Crew Member 225.00 Registered Professional Land Surveyor 180.00 Administrative/Clerical $ 110.00 Surveying Technician $ 110.00 Hydrographic Survey Crew $ 170.00 Geographic Information System Technician $ 100.00 Drafter $ 100.00 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 and will keep the City informed of progress toward that end so that the budget or work effort 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. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 4 ATTACHMENT B COMPENSATION If SURVEYOR projects, in the course of providing the necessary services, 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. 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 Revised Date: 12/9/2022 Page 2 of 4 AM ATTACHMENT B COMPENSATION III. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Proposed MWBE Sub -Consultants Non-MWBE Consultants TOTAL $ 100% Project Number & Name Total Fee MWBE Fee MWBE % $ $ % City MWBE Goal = _% Consultant Committed Goal = _ % City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 4 LIM EXHIBIT "B-1" SURVEYOR INVOICE (Supplement to Attachment B) City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 4 of 4 EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bythe commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. 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. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. 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 as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincident with or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 City of Fort Worth, Texas Mayor and Council Communication DATE: 01/10/23 M&C FILE NUMBER: M&C 23-0027 LOG NAME: 20SURVEY SERVICES RFQ SUBJECT (ALL) Authorize Execution of Contracts for On -Call Land Surveying Services with Gorrondona & Associates, Inc., O'Neil Surveying Co., Pacheco Koch Consulting Engineers, LLC., Arredondo, Zepeda & Brunz, LLC., Shield Engineering Group, PLLC., and Surveying and Mapping, LLC Each in an Amount Up to $500,000.00 and Authorize Four, One -Year Renewals RECOMMENDATION: It is recommended that the City Council authorize the execution of contracts for on -call land surveying services with Gorrondona & Associates, Inc., O'Neil Surveying Co., Pacheco Koch Consulting Engineers, LLC., Arredondo, Zepeda & Brunz, LLC., Shield Engineering Group, PLLC., and Surveying and Mapping, LLC each in an amount up to $500,000.00 and authorize four, one-year renewals. 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 on September 26, 2022 and October 6, 2022. The Department received Statements of Qualifications (SOQ) for professional services from 17 firms to provide land surveying services. Each firm was evaluated based upon pre -established selection criteria including qualification of experience, response and performance. An inter- departmental committee selected as most qualified and recommends the following firms for contract approval: Gorrondona & Associates, Inc., O'Neil Surveying Co., Pacheco Koch Consulting Engineers, LLC., Arredondo, Zepeda & Brunz, LLC., Shield Engineering Group, PLLC., and Surveying and Mapping, LLC. Funding for the on -call land surveying services will be provided through various project funding sources. These on -call contracts will serve current and future capital projects as -needed, and a funds availability verification will be performed by Transportation & Public Works Contract Compliance Managers prior to each assignment. The term of each contract is the initial term and authorize four, one-year renewals. The City has the option to extend the term of the agreements or a 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 amount of each contract is $500,000.00 per firm. A waiver of the goal for Business Equity subcontracting requirements was requested, and approved by the DVIN, in accordance with the applicable Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. This is for ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as previously appropriated, in the various capital improvement program funds to support the approval of the recommendation and execution of the contracts. Prior to an expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by. William Johnson 5806 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662