HomeMy WebLinkAboutContract 28277City of �art l�lorfih
Departmen� of �ngineering
Survey Services 9ivision
Requiremenfis Gontracfi
2002-�003
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C�IVYRAC�" �� � �
STATE OF TEXAS
COUNTY OF TARRANT }
KNOW ALL MEN BY �HES� PRESENTS:
That the City of Fort Worth, a municipal corporation situated in Tarrank County. Texas, acting
herein, by and thraugh G ry Jackso , its duly auf�orized City Manager, hereinafter called
"CI7Y", and �o���. �i��� �ieDu� , acting h rein by and thr ugh
��v �P���—a�i ��. , its duly aukhorized Ci�/�'t-`���-�,��.c�G �<"���
hereinafter called "SURV�YOR", hereby make and ent�r into the following agreement:
AR'ilCLE I
S�RVICES
Section 1
For and in cansideration of the covenants and payments herein ment�aned, the
SURV�YOR hereby co�enahts and agrees as an independent cantractor, to perform �he services
�ereinafter described with dili�e�ce and in accordance with the professionaE standards
customariiy abkained far such s�rvices in the State of Texas.
The services to be performed by the SURVEYOR hereundc�r shall ir�clude tapographic,
preliminary, geodetic, cadastral, cons#ruction, as-constructed anc� all other necessary iand
surveying tasks, as specified by the CITY. The services hereunder may be requested by khe CITY
on a praject-to-project basis, w�ich will normally require from one {� ) day to several rrronths to
complete.
The SURVEYOR shall be given written auihorization to proceed with the raquested
services along with a PROJECT IfVFORMATION ANb INS�RIJCTION PACKET which shal!
contain the sco�e of services to be �ra�ided, Department of Engineering (DOE} project
number(s), Project Name, plans, maps, �lats, sample €ormats {ASCII, DWG, DXF files and any
required hard copies of data) in whjch the completed data is #o be supplied to the CITY, �roject
schedules, etc. or other pertinent data as necessary. The PROJECT INFORMATION AND
fNSTRUCTION PACKET shall becorr7e a part of this agreement, and it will be the SURV�YOR'S
r�sponsibility ko make certain that com�leted data is furnished to the CITY IN TH� EXACT
FORMAT REQIJESTED IN THE INFORMATION AND INSTRUCTION PACKET , and that copies
of the original fieid data are submitted to the CITY for inclusion into the permanent project files.
Time is of the essence, therefore the SURVEYOR agrees to begin work on any requested
services within two (2) working days after the receipt of the written authorization to begin w�rlc,
and work authorized hereunder shall be completed within a time period ko be specified in writing af
the time khe SURVEYOR is authorized to �egin work. The SURVEYOR agrees that it may be
requested to pertorm services simultaneously on one (1 } or mor� projects at any given tirr�e, and
ihat the foregoing time limitations will apply to a11 individuaE requests for ser�ices on which khe
SURVEYOR'S forces are working.
7he SURV�YOR acknowledges hereby that it may be one (1) of several independent
cantractars, any of which may be providing like services to tE�e Cl7Y simultaneously at separate
sites. Further, the SURVEYOR acknowledges that the services requested by the CITY hareunder
will supplement like services by CITY forces with the intent to maintain the capacity of CITY forces
to meet work deadlines during periods in Which work loads exceed narmal levels, or to provide
specialized services, and this agreernent in no way grants any exclusive right of the SURVEYOR
to provide services unless such servic�s are initiated and requested in writing by the CITY,
depending only an the CITY'S evaluation of its work load and th� CITY'S evaluation nf the amenity
of services by the SLIRVEYOR.
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Section 2
The services ta be perFormeci by the SURVEYOR shall inciude, but not limited to the
following:
1. Wher� requested by the CITY, the SURVEYOR shall pro�id� s�rvices of a three
(3} member field crew on an hourly basis, �ight {8} hours minimum charge per
request, and perform wif�in the time specified , kh� surveying services requested
by the CITY.
2. When requested by the CITY, the SURVEYOR shall provide serviCes of a two (2)
m�:mber field crew on an hourly basis, eight (8) ha�rs minimum charge per
request, and perforrn wikhin the time specified , the surveying services requested
by the CITY
3. When requested by the CITY, the SURVEYOR shal! provide services of a
Registered Professional Land Surveyor, licensed by the Texas Board of
Professional Land Surveying, on an hourly basis, and perform within the time
specified , the sur�eying services requested by the CITY.
4. When requestec! by the CITY, the SURVEYOR shall provide sarvices of
5ur�eying Technic9ans, experienced in preparation af survey re[ated documents
such as maps, �lats, legal descri�tion, records research ar other related
documents, GPS operation and processing, or technical services as specified at
time the request is made, on an hourly basis, and perforrn w'tthin the time
specified, the surveying services requested by the CITY.
5. When requested by the CITY, the SURVEYOR shall provide personnel and
equipmen# to perform work using Global Positianing Systems on an hourly basis
within the #ime specified by the CITY.
6. When requested by ihe CITY, the SURVEYOR sha11 obtain services from other
vendors, necessary for the executian and progress of the assigned project, i'he
SlJRVEYQR may use saurces from either his awn firm or an outside supplier, at
Y�is discre#ion, un�ess fltherwise directed by the CITY. Payment for these services
shall be at a rate of actual billing ta the SURVEYOR, plus 10 per cent for profit
and overhea�. A capy af the invoice from the vendo� to the SURVEYOR must be
submitted to the CITY with the SURVEYOR'S invoice for paym�nt for all work
performed ur�der this porkion of the contraet.
7. AI[ field notes, plats, maps, legal descriptions or other specified documents
prepared in conjunction with the requested services shall be provided in a digital
format eompatibfe with the electror�ic data collection and campufer aided design
and drafting software currently in use by the CI7Y Surveying Services []ivision
(Eagle Paint AutoCAD R14}. A11 text data such as legal descrip#ions, coordinate
files, cut sheets etc. shall be pro�ided in the American Standard Code for
Information Interchange (ASCII) farmat and all drawing files shall be provided in
Autocad (DWG OR DXF) format usir�g sample documents provided to the
SURVEYOR in the PROJECT 1NFORMATION AND INSTRUCTION PACKET, or
as otherwise approved in writing by the CITY, and aRi data collected and
generated during the course of the project shall become the property of ihe CITY.
8. All work prn�ided by the SURVEY�R hereunder shall conform to the current rules
and regulations of the 7�XAS BOARD OF' PROF�SSIUNAL LAND SURVEYING;
and except as provided for herein meet the minimum standards af practice as set
farth in the current edition of TEXAS SOCIETY �F PROF�SSIONAL LAND
SURV�YORS "MANUAL OF PRACTIC� FOR LAND SURVEYING IN TEXAS
9. The CITY may, at its diseretion, specify more stringent accuracy standards than
those established herein at the time the services are requested.
AR�1Cl,E II
COIiII�gNSA�IDId
Section 1
Far a!! land surveying services provid�d hereunder, including but not limitec� to, all
exper�ses for and provisions of payroll, supervision, o�erhead, profit, insurance, ber�efits, local
travel, toals, equ9pment, materia[s, reproduction, suppiies, and incidenkals, the CITY agrees to pay
the SURVEYOR a fee in the amount equal to the fallowing hourly rates times the hours in�oiced
and approved for payment by the CITY for each rec�uest or portion thereof performed by ti�e
SURVEYOR, or a preapprov�d negotiat�:d Lump Sum:
TNREE {3) MEMBER FIELD CREW $ 125.OQ
TW� (2) MEMB�R �I�k.D CR�W $ 95AD
REG�STERED PROFES510NAL LAND SURVEYOR $ 120.00
GLOBAL POSITIONING SYSTEMS CREW $ 150.D0
SLJRVEYINGIGPS T�CHNICIAN $ 75.00
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Section 2
$ Actual Invaica Qius 10°/a
In no event shall the payment by the CITY for all work and services perf�rrned hereunder
exceed the sum of $ 250,D00.
Section 3
Payment shall be made monthly upon receipt and approval by the CITY of invoices from
the SURVEYOR, for services performed during the periad covered i�y said invoices. Separate
invoices far each project shall include dates af service and hourly tatals for each contract rate as
well as extended totals broken down for each project by Department af Engineering project
nurrtber and fund code, with the project name and client department project number as shown on
the "Authorization to Begin Work".
Section 4
The award of this contract does nat guarantee the expenditures af funds under this
contract unl�ss work is actually r�quested by the CITY, and performed by ihe SURV�YOR.
ARTICL� Ill
7RANSF�R OFCONTRACT
Neither the GITY nor the SURVEYOR shall assign, sublet or transfer any rights ur�der ar
interest in {including, but withouf limi#ation, moneys that may become due or moneys that are due}
this document withou# the written consent of the other, except to the �x#ent that it fs limited by law.
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iERMIP�ATIOI�! Q� CON7RAC�'
Sectian 1
This contract shall ex�ire at midnight (CST), a�e year from the date on which said
cantract is extended, being two years from the date this contract was approved and awarded by
Council. It is contemplated that work orde�-s will be issued to the surveyor for work to be
perfarmed under this coniract for not to exceed 365 calendar days following the date of the
eantract extension nor to exceed the limif of the bid price, whic�ever should gccur first. The term
of the contract shall be extended fo a11ow s�rveyor to complete any work order issued prior to the
expiration date of the contract. The surveyor shall be required to complete any work covered by a
work ord�r issued prior to that date of expiration. unless notified in writing otherwise.
Sectian 2
The C1TY may terminate this contract, or a specific work order, at any tirrEe and for any
cause by a notice in writing to tt�e Sl1RVEYOR. Upon receipt of such notice the SURVEYOR shall
immediately discantinue all services anci work; and fhe placing o� all orders or entering to
contracts for supplies, assisiance, fiacilities, and maferials in connectian with the perFormance of
this contract and shall proceed to caneel promptly all existing contracts insofar as they are
c�argeable to this contract, or a specific work order
Section 3
If the CITY terminates this contract, or work order, under the forgoing SECTiON 2, the
CITY shall pay the SURVEYDR at contract rak�s for services performed prior ta such nokice of
termination of contract, or work order.
ARTICLE V
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All completed o�' partially carnplet�:d original documents prepared under this contract,
shall become the property of the CITY upon t�rmination or upon expiration af the eontract, and
may be used by the CITY in a�y manr�er it desires; provided, how�ver, that tne SURV�YOR shall
not be liable far the use of such docurr�en#s for any purpose ather than as described when
requested.
ARTICLE VI
INDEPEND�NT CONTRACTOR
The SURVEYOR covenants and agrees that i# will pertorm the work hereunder as an
independent cantractor, and nat as an officer, agent servant ar employee af the CITY; that the
SURVEYOR sY�all have exclusive confrol of and the exclusive right to control #he details of the
work performed hereunder, and all persons performing same, and shall be liable for the ac#s and
omissions of its officers, agents, employees, contractors, subeoniractors and consultants, and
nafhing herein shalf be constru�d as creating a partnership or joint enferprise between the CITY
and the SURVEYOR. In accordance with th� PROFESSIONAL LAND SURVEYING ACT of 1991,
as amended in 1995, the CITY is hereby inform�:d that any complaints about the surveying
services rrjay be directed ko the TEXAS BOARD OF PROFESSIONAL l.AND SURVEY�NG, 770�
North Lamar, Suite 4a0, Auskin, 7exas, 78752, {5� 2} �452-9427.
ARTlCLE Vll
INSURANCE
Approval by khe CITY of this agreement shal{ not conskitute or be deemed io be a release
of the responsibility and liabilify of the Surveyor, it officers, agents, empfoyees, and subcontractors
for the accuracy and competency of the services performed under this agreement, including but
not limited to survey, designs, working drawings and specifications and other surveying
documents.
Such approval shall nat b� deemed to be an assumption of such res�onsibility and liability
by the CITY for any negligent act, error or omission in the performance of Surveyors professional
services or in the conduct or preparation of the surveys, designs, working drawings, and
specificatians or other surveying documents by the Surveyor, iks of�icers, agent, employees anc!
subcontractors. In this connection, the Surveyor shall indemnify and hold the CITY and al! of iis
officers, agents, servants, and employees ha�mless from any loss, damage, liabifity or expenses,
on account of damage to property and injuries, including death, to all persons, iRcluding b�# not
lirr�it�d to officers, agents, or employees of the Surveyor or subcontractors, ancf all persons
performEng any part of th� work and improvemenks which rnay arise aut of any negligenk act, error
or omission in the performance of 5urveyor's professional s�r�9ces or in the conduct or
preparation of surveys, desigrrs, working c�rawings, specificakians, and other surveying documents
incarporated into any impravements constructed in accordance therewith. �fhe Surveyar shall
defend at its own expense any suifs or other proceedings braught against the City and i#s officers,
agents, servants, and employees, or any of #hem on account thereof, and sf�all pay all expenses
a�d satisfy all judgments which may be incurred by or rendered against them or any qf them in
canneciion therewith, provided and except, hvwever, that this indemnification provisio� shall not
be construed as requiring the Surveyor to ind�mnify or hold the City or any vf it's officers, egents,
servanfs, or employees harmless for any loss, damages, liability or �xpense, on account of
damage tv property to injuries to persons caused by defects of d�ficier�cies in d�sign criteria and
info�-mation furnished Surveyar by City, or any deviation in consiruction frorn 5urveyor's designs,
working drawings, specifications or other engineering dacuments.
Without limiting the above indemnity, Surveyor shal! pro�ide to City a certificate of
insurance as proaf that the Surveyor has obtained a poliey of comprehensive general liability
coverage (accurrance basis) with carriers acceptable to City covering all risks relating to the
services to be perfarmed under this contract, by the Surveyor, its subcontractors and consultants,
such insurance to be in at least the following arnounts:
Bodily Injury Liability
$250,040 Each Person
$�OO,ODa Each Qccurrence
Property Damage Liabifity $300,DOQ Each Occurrenc�;
Contractual Bodily Injury Liability $250,000 Each Person
$500,000 Each Occurrence
Con#ractual Property �amage $300,OOQ Each Occurrence
The Surveyor shall hot cammence work under this Agreement until it has obtained
Professional Liability Insurance as required hereunder and such insurance co�erage has been
approved by the Gity. Such insurance shall be in the minimum amount of $1,OOD,000 and shall
include co�erage of Cantractually Assumed Liability. The insurance caverage prescribed herein
shall be maintained until one (1) year after City acceptance of the project and shall nat be
canceled without prior writien notice to the City. In this connection, upon the signing and return of
this agreement by the 5urveyor, a Certificate of Insuranee shall be furnished ta the City as
6
evidence that the insurance coverage required herein has been obtained by Surveyor, and such
cerkificate shall contain the provisian fhat such insurance sha{I not be canceled or modified without
ihirty (30) days prior written not9ce ko the City. 5urveyor sha11 notify City within ten {1 Q} days of any
modificatian or alteratian in such Professional Liability Insurance.
ARTICLE Vlll
RIGHT TO AUDIT
The SfJRVEYOR agrees that the CITY shall, untii tf�e expiration of three (3) years after
the final payment under this contract, ha�e access to and the righk to examine any directly
pert9nent books, documents, papers, comp�ter media, arrd records of the SURVEYOR invol�ing
transactions refating ta this conkract. The SURVEYOR agrees that the CITY shafl have access
during norrr�al warking i�aurs ta all necessary SURV�YOR facilifies and shall be provided
adequate and a�propriate work space in order ta conduc# audits in compliance with the provisians
of this section. The CITY shall give the SURV�YOR reasonable advance no#ice of the intention to
audit.
The SURV�YOR further agrees to include in ali its subcontracts hereunder a provision ta
effect that the subcantracting consultant agrees that the CITY shall, until the expiration of three
(3) years after the final payment und�r the subcontract, have access to and the right to examine
any directly pertinent boaks, documents, papers, camputer media, and records of such cons�altant
involving fransacfions relating to the subcontract, and further that the CiTY shall ha�e access
during normal warking hours to all necessary consultant facilities and shal! be pravided adequate
and appropriate work space in order to conduck audits in compliance with the pravisions of this
sec�ion. The CITY shall give the consultan# reasonable advance notice of the infenfion to audit.
ARTICLE IX
MBEIWB� GOAl.S
MINORITY AN� WOMAN BllSINESS ENTERPRISE {MIWBE) PARTICIPATION:
In accord with City of Fort Worth Ordinance Na. 11923, the City has goals fQr the
participation of minority business enterprises and woman business enterprises in City contracks.
Surveyor acknowl�dges the MIWBE goal estab]ished far this contraet and its cammitment ta meet
that goal. Any misrepresentatian and/or the commission of fraud by the Surveyor may result in
the termination of this agreement and debarmer�t firam }�articipating in Ciky cantracts for a period
of time of not less than three {3) years.
ARTICLE X
LIQUIDATED DAMAGES
Shoufd the SURVEYOR fai! to compl�te the wark as set forth in any PROJECT
INFORMATION AND INSTRUCTION P�4CKET assigned to Surveyor within the time so stipulated,
plus any additional as may be allowed due to unfares�en circumstances, there sha11 be deducted
from any moneys due or which may thereafter become due 9t, the sum of $75.00 per calendar
day, not as a pe�alty but as liquidated damages, and the SURVEYDR shafi be liab�e to the CfTY
for such cEeficiency.
ARTICLE XI
F'IRM I��N71F1CAT10R!
Sectio� 1
Vehicle Identificatior�
All vehicles used under this contract shall have a sign on each side identifying the Firm.
Section 2,
Em}�loyee Identification
All employees shall display an identification badge, with their pieture displayed upon ik, their name,
and their em}�loyers' name. Further, all employees shall carry business cards and affer ther� to all
members of tF�e public that they have contact with.
Saction 3
Representation
Employees shall make every reasanable effort to inform citizens that t�ey are not empfoyees of
the City, but a�rly private contrackors, providing services to the City.
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AR�IC�� XII
VENUE
Venue of any suit or cause of action under this contract shail lie in Tarran# County, Texas.
IN WITNESS WH�REOF the parties her have executed this agreement in triplicaie
ariginals on this date the ��� day of VG , ZD�.
ATTES�'
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City Secretary
A`i7ES7:
LO�EZGARCIA GROUP
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Secretary Dev Rastogi, P.E., Chief Operating Officer
APPROVE� A5 TO FORM AND LEGALITY:
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Assistant City Attorney
�ate:
C1TY OF FORT WORTH
., � ^ _. - gy; ,
, City Man�ger
Address: 1825 Markei Center Bl�d., Ste. 150
Dallas, Texas 75207
APPROVAL RECOMMENDED:
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Director, Departrneni of Engineering
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Cantract AutY�oriz���,o�a . _
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�'ity of �ort �orth� T'exas
:�ayor �.n�l �oa�r��il ����ur�i��.�ior�
bATE REFERENCE NLIMBER LOC� NAME PACE
72�1��02 **C�193�4 30AWARDS 1 of 2
suB�ECT AWARD �F REQUfREMENTS CONTRACTS F�R PROFESSIONAL SURVEYING
SERVICES FOR VARfOUS CITY PROJECTS
RECOMMENDATI�N:
It is re�ammended that the City Council authorize the City Manager to execute a requirements contract
in provide prafessional surveying services with faur firms, ANA Consultants, L. �,. C., Halff Associates,
Huitt-Zol{ars, Inc., anc� Lope� ��r�ia �ro��, for a period of one year with an aggregate fee not to
exce�d $250,400 per contract, wi�th an optian far a ane-year renewal, with renegotiated �nit prices.
DISCUSSION:
Histarica[ly, the City has entered into periodic requirements contracts with s�rveying firms to pra�ide
services for various City projects. ft is anticipated that these surveying firms will supplement City sfaff
capabilities and pro�ide flexibility ar�d rapid response to department needs using pre�established unit
prices. These firms will be utifiz�d to complete.the construction phase of the remainder af the 1998
Capital Impravement Program, to provide preliminary surveys for the anticipated 2003 Cap�tal
Improvemeni Pragram, an� to prepare Lake Warth lease pra�erties for public sale. These firms may
also be .utilized fior specialized s�rvices such as aerial photogra�hy, underground mapping, and laser
imaging. Funding is pra�ided an an individual project basis.
S�aff s�licited statements of qualificat�ans without c�st estimates and receir�ed responsas fram nine
firms. A selec#ion cammittee comprised of City staff reviewed the firms, and �ased on qualifications,
seleci�d the firms ANA Consultants, L. L. C., Halff Associates, Huitt-Zollars, I�c., an� Lopez Garcia
Group. Staffi has negotiated unit pric.es contained in each contract and believes them to be fair and
reasonabfe. Stafi recommerids tMat each of the four �irms be awarded a contract for a term of twelve
months, ar $25a,D00 per firm in total i�illings, whichever occurs first.
Due to #he scope of work for this contract, an MMIBE subconsultant goal was not estab[ished.
Howe�er, twa of the four firms selected, ANA ConsuEiants, L. L. C., and Lopez Garcia Grvup, are
certified MIWBE firms.
C'iiy of �'o�-t �orih, 7'exas
� �I�y�r ax�� �o�ncil �o�ma��i����o�
i7ATE R�FERENCE NlJMBER l.�G NAM� PAGE
12/17/02 **�_� g�g� 30AWARDS � 2 of 2
SUBJECT AWARD OF REQUIREMENTS C�NTRACTS FOR PR�FESSIONAL SURVEYING
SERVICES F4R VARIOUS CITY PROJECTS
FISCAL INFORMAT�ONICERTi�'ICATf�N:
The Finance Directar certifies that funds are available in the budgets af the �arious �roj�cts.
M�:k
Submitted for City Manager's
Office by:
Marc Ott 84']6
Originating Deparkmenf Head:
Doug]as Rademaker
Additionul Inforrnatinn Cont�ct:
Kevin Hansen
�'UND I ACCOUNl' I CENTEIt I AMOUNT
(to)
6I57 � (from)
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7925 I
CITI' SE[.'RETARY
APPROVED 12/17/02