HomeMy WebLinkAboutContract 28278Cify o� For� Worfh
�epar�men� ofi �ngineer�ng
�urvey �ervices �idision
Fiequirements Confract
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STAT� OF TEXAS
COUNTY �F TARRANT }
KNOW ALL MEN BY THESE PRESENTS:
That the City of Fort Worth, a municipal corporation situated in Tarrant County. Texas, acting
herein, by and through Gary Jackson, its duly authorized City Manager, hereinafter called "CITY",
and ANA CONSULTAN7S. L.L.C., acting herein by and thraugh Jake B. Arroit, R.P.LS., its duEy
authorized Vice President, hereinafter called "SURVEYOR", hereby make and enter into the
following agreement:
AR�ICL� I
S�RV[CE5
Section 1
For and in cansideration of khe covenants and payments herein mentioned, the
SURVEYOR hereby agrees as an inde�endent confractar, to perform the servjces hereinafter
described with diligence and in accordance with the prafessional star�dards customarily obtained
for such ser�ices in the Stafie of Texas.
The services to be performed by #he SURVEYOR hereunder shall include topographic,
preliminary, geodetic, cadastral, construction, as-constructed a�d aN other necessary land
surveying tasks, as specified by the CITY. The services hereunder may be requested by the C[TY
an a praject-to-project basis, which will normally require from one (1) day to s�v�ral rnonths to
compiete. , ,
The SURVEYOR.shall be given written authorizafion to proceed with k�e requested
services akong with a PROJECT INFORMATION AND INSTRUCTION PACKET which shall
cantain ii�e scope of services to t�e provided, Deparkment of Engineering {DO�) project
number(s), Project Name, plans, maps, plats, sample formats (A5C11, DWG, DXF files and any
required hard copies of data) in which the complet�d data is fo be suppfied to the CITY, project
schedules, etc. or other perkinenf data as necessary. The PROJECT INFORMA710N AND
INSTRUCTION PACK�T shall become a part of this agreemenf, and it will be the SURV�.YOR'S
r�sponsibiliky to make certain that complefied data is furnished to the CITY 1N THE EXACT
F�RMAT REQVESTED IN TH� fN�ORMATION ANQ INSTRUCTION PACKET , and that copies
of the original field data are submitted to the CITY for Enclusian into the permanent praject fiies.
Time is of #he essence, therefare the SURVEYOR agrees to begin work on any requested
services within twa (2) working days after the receipt of the written authorization to begin work,
and work authorized hereunder shall be com�leted 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 sirriultaneously on ane {1) or rr7ore prajects at any g9ven #ime, and
thak the foregoing time limitations will apply to all individual requests for services on which the
SURVEYOR'S forces are working.
T�e SURVEYOR acknowledges hereby that it may be one (1) of several independent
contractors, any of which may be providing Fike services to tf�e CITY sim�ltan�nusly at separate
sites. Further, the SURV�YOR acknowledges that the setvices requ�st�d by the CITY hereunder
will supplement like services by CITY forces with the intent to mainiain khe capacity of C1TY forces
to meet wo�k deadlines during periods in which work loads exceed narmal levels, or to pro�ide
specialized services, and this agreem�nt in no way grar�ts any exclusi�e right of the SURV�YOR
to pravide services unless such services are inifiated and requested in writing by the CITY,
dep�nding only an the CITY'S e�aluation of its work foad and ihe CI7Y'S evaluation of tE�e amenity
of services by the SURVEYOR.
2
-- ;'�H �U�
_ adr�ata �I
. �'�� 1
Section 2
The services to be performed by #he SURVEYOR shall 9nclude, but not limited to the
fol4owing:
9. When requested by the CITY, the SURVEYOR shall pravide services of a three
(3} member fieid crew an an haurly basis, eight (8) hours minimum charge per
request, and perform withi�r the time specified , the surveying serviees re�uested
by khe CITY.
2. When requested by the CITY, the SURVEYOR shall provide services of a two (2)
member field�cr�w on an houriy basis, eight {8) hours minimum charge per
request, and pertorm wit}�i� the fiime s�ecified , the surveying services requested
iay the CITY
3. When requested by the CITY, the SURVEYDR shall provide services of a
Regist�red Professional Land Surveyor, licensed by the Texas Board of
Professional Land Surr�eying, on an hourly basis, and perform within the time
specified , the surveJ+ing services reques#ed by the CITY.
4. When requestecf by fhe CITY, the SIJRVEYOR shall provide services of
Surveying Technicians, experienced in preparafiion of survey related documents
such as maps, plats, legal description, records research or other related
docUments, GPS operation and processing, or technical services as speeified at
time the reques# is made. on an hourly bas9s, and perform within the time
specified, the surveying services requested 6y the C1TY.
5. When reque�ted by the CITY, the SURVEYOR shall pro�ide personnel and
equipment ko perform work using Glabal Positioning Systems on an hourly basis
within the time specified by khe C1TY.
6. When requested by the GITY, the SURVEYOR shall obtain services from other
vendors, necessary for the execution and progress af the assigned project. The
SURVEYOR may use sources from �ither his own firm or an aufiside supplier, at
his discretion, unless otherwise directed by the CITY. Payrnent for thesa services
shall be at a rate of ackual billing to the SURVEYOR, plus 9 0 per cent for profit
and o�erhead. A copy of the invoice from the vendor to the SURV�Y�R must be
submitted to the CITY wi#h the SURVEYOR'S in�aice for payment for all work
performed under this parkion of the contract.
7. All fiel� nokes, plats, ma�s, legal descriptions ar ather specified documents
prepare� in canjunction with the requested ser�ices sha11 be pro�ided in a dig9tal
farmat compatible with the elactranic data colfection and camputer aided design
and drafting software currently in use by the CITY Surveying Services Division
(Eagle Point AutoCAD R14}. All t�xt data such as legal descriptions, coardinate
files, cut sheets etc. shall b� provided in the American Standard Code far
Information Interchange �ASCII) form�t and a!I drawing files shall be provided in
Autocad (DWG OR DXF) format using sample docume�ts pr�vided ta the
SURVEYOR in the PROJ�CT IN�ORMATION AND INSTRUCTION PACK�T, or
as othe3'w�se approved in writing by the CITY, and all data collected and
generated during the course of the project sha{I become the property of the CITY.
8, All work �rovided by the 5l1RVEYOR hereunder sF�all conform to the current rules
and regulat9ons of the TEXAS BOARD OF PROFE5510NAL LAND SIJRVEYING;
and except as provided for h�r�in meet the minimum standards of practice as set
forth in the current edition of T�XAS 54CIETY OF' PROF�SSIONAL LAND
SURVEYORS "MANUAL OF PRAC7IC� FOR LAND SURV�YING iN iEXAS
�
The CITY may, at its discretion, specify more stringent accuracy standards than
those esiablished herein at khe time the services are requested.
ARl'ICI.� fl
.+��I►rIT�:6�_ 11�I�7►1
Section 1
For all land surveying services provided hereunder, including bu# not limited to, all
expe�ses far anc! provisions af payroll, supervisian, overhead, profit, insurance, benefits, [ocal �
travel, tools, equipment, materials, reproduction, supplies, and incidentals, the C17Y agress to pay
the SURVEYOR a fee in the amount equal to ihe fallowing haurly rates times the haurs invoiced
and approved fqr payment by the CITY for each request or partion thereof perFarmed by the
SURVEYOR, or a preappro�ed negotiated Lump Sum:
THREE {3} MEMBER FIELD CREW
TWO (2} MEMBER F1ELD CREW
REGISTERED PROFESS{ONAL LAND SURVEYOR
GLOBAL POS�TIONING SYSTEMS CR�W
SURVEYWGlGPS TECHNIC�AN
VENDOR SERVICES '
Section 2
$ 125.Q0
$ 1 Q0.00
$ 1 � Q.00
$ 140.0�
$75.00
$ Actual Invoice Plus 1Q°/v
In no event shall the payment by the CITY for all work and services �erFormed h�reunder
exceed the sum of $ 250,fl�0.
Section 3
Payment shall be made monthly upor� receipt and approval by the CI�Y of invoices from
the SURV�YOR, for services performed during the period co�ered by said in�oices. Separate
in�oices for eacf� project shall include dates of service and hourly totals for each contracf rate as
we�1 as extended totals broken down �or each �rojec# by Department of Engineering project
number and fund code, with tF�e project name and client department project number as shown an
the "Aufhorization to Begin Work".
Section 4
The award o� this contract does not guarankee the expendstures of funds under this
contract unless work is actually requested by the CITY, and performed by the SURVEYOR.
ARTICL� III
T�RNSFER OF CONTRACT
Neither the CITY nor the SURVEY�R shall assign, subl�t or kransfer any rights under or
interest in (including, but without limitation, moneys that may b�came due or moneys that are due)
this document without the written consent of fhe other, �xcept �o kh� extent that it is limited by law.
ARiICLE IV
1 � . � I 7 ►�r l l ►1�� � [�7 � [�7 �fI�L � � :7_�+� �
Section 1
This contrac# shall expire at midnight (CS7), one year from the date on which said
con#ract is ex#ended, being two years from the date this contract was approved and awarded by
Council. It is contemplated that work orders will be issued to the surveyor for work to be
Perfarmed under this contract for not ta exceed 3fi5 calendar days following the date af the
contract extension nor to exceed the limit of the bid priee, whiche�er should occur first. The term
of the contrack shalf be extended io alaow surveyor to complete any work order issued prior to ti�e
expiration date of the cantract. The surveyor shall be required to camplete any work covered by a
work arder issued priflr to that date of ex}�ir�tion, unless notified in writing otherwise.
Section 2
The GITY may terminate this contract, dr a specific work order, at any time and for any
cause by a notice in writing to the SURV�YOR. Upon receipt of such nntice the SURVEYOR shall
imm�diately discontinue all services and work; and khe placing of all orders ar ent�ring to
contracts for supplies, assistance, facilities, and mat�rials in connection with the pertormanc� of
this contract and shall proceed to car�cel promptly all existing contracts insofar as they are `
chargeable to i�is contract, ar a specific work order �
Section 3
If the CITY terminates this contract, or work arder, under the forgoing SECTION 2, tl�e
CITY shail pay the SURVEYOR at contract rakes for ser�ices performed prior to such notice of
termination of contract, or work order.
R�iICL.� V
OWNEFiSHIP OF DOCUhfl�NTS
All completed or partially completed original documents prepared uncier this contract,
shall become the property of the C1TY upon termination or upan expiration of the cantract, and
may be used by t�e CITY in any manner it desires; pravided, however, that the SURV�YOR shalf
not be liable for the use of such documents for any purpose other than as described when
requested.
ARTICL� VI
IND�PENDENT CONTRACTOR
The SURVEYDR covenants and agr�es thak it will perform the work hereunder as an
independent confrackor, and not as an officer, agent servant or em�loyee of the CiTY; that the
SURVEYOR sF�all have exclusive control of and the exclusive right to control th� details of the
wark performed hereunder, and al! persons perForming same, and shall be liable for th� negligent
acts and omissions of its officers, agents, employaes, contractors, subcontractors and
consultants, and notf�ing herein shall be construed as creating a partnership ar joint �nterprise
between the CITY and the S�RVEYOR. In accordance with the PROFESSiONAL LAND
SURVEYING ACT of 1991, as amended in 1995, the CITY is hereby informed that any compiaints
about the surveying services may be directed to the TEXAS BOARD OF PROFESSIONAL LAND
SURVEYING, 7701 North Lamar, Suite 400, Austin, Texas, 78752, (512) 452-9427.
ARTICLE Vll
INSURANC�
Approval by �he CITY of this agreement shall not constitute or be deemed to be a release
of the responsibility and liability of the Surveyar, it offiicers, agents, employees, and subcontractors
for the accuracy and competency of the services performed und�:r this agre�ment, including but
not limiked to survey, dasigns, working drawings and specificatians and other surveying
documents.
Such approval shall not be deemed to be an assumption of such responsibility a�d liability
by �he CITY far any negligent act, error or omission in the performance of Surveyors professional
services or in the conduct ar preparation of the surveys, designs, working drawings, and
specifications or okher surv�ying documents by ths Surveyor, its officers, agent, employees and
subcontractors. In this connection, the Surveyor shall indemnify and hold the CITY and all of its
officers, agents, s�rvants, and employees harmless from any loss, damage, liability or expenses,
on account of damage to property and injuries, includir�g dea#h, ta al{ persans, incfuding but not
limited to officers, agents, or employees of the Surveyor or subcontractars, and all persons
performing any part of the work and improvements which may arise out af any negligent act, error
or omission in the pefformance of Surveyor's professional services or in the conduct ar
�reparation of surveys, designs, working drawings, specificatians, and flther surveying documents
incorporated into any impro�ements constructed in accordance therewith. The Surveyor sF�all
defend at its own expense any suits or athe� proceedir�gs brought against the City and iks officers,
agents, servants, snd employees, or any of them on account thereaf, and shall pay all expenses
and satisfy all judgrrrents which may b� incurred by or rendered against them or any of khem in
connection therewith, pravided and except, however, that this indemnification provision sl�all not
be eanstrued as requiring the Surveyor to indemnify or hold the City or any of it's of�cers, agents,
servants, or empiayses f�armless far any loss, damages, liability or expense, on account of
damage to property to injuries to persons caused by defects of deficiencies in design criteria and
information furnished Surveyor by City, or any de�iation in consfruction from Surveyor's designs,
working d�awings, specifications or other engineering documents.
Without limiting the above indemnity, 5urv�yar shall provide to City a certificate of
insurance as proof that the Surveyor has abtained a poficy of comprehensive general liabilify
coverage (oceurrence basis) with earriers acceptable to City covering afl risks relating to the
services to be parformed under this contract, by the Surveyar, its subconkractors and consulkants,
such insurance to be in at least the following amounts:
Bodily Injury Lia�ili#y
Property Damage Liability
Contractual Bodily Injury Liability
Cor�kractual Properky pamage
$bOp,Q00 Each Occurrence
$3Q0,000 Each Occurrence
The 5urveyor shall nat commence work under this Agreement until it has obfained
Prafessional Liability Insurance as required �ereunder and such insurance coverage has been
approved by the City. 5uch insurance shall be in ihe minimum amQunt of $1,00O,OOQ and shall
include co�erage of Contracfually Assumed Liabiiity. The insurance eoverage prescribed herein
shall be maintained until one {1 } yea�' after City acceptance of the project and shail not be
canceled without prior written notice to the City. In this connection, upon the signing and return of
this agreem�nt by the Surveyor, a Gertificate of Insurance sha11 be furnished to the Caty as
e�idence that t�e insurance coverage requir�d herein has been o�kained by Surveyor, and such
certi�icate shall contain the provision that suc� insuranc� shall not b� cancel�d without thirty {30)
days prior written notice to fhe Ciky. Surveyor shafl nokify City within ten (10) days af any
modification ar alteration in such Professianal Liability Insurance.
a�ric�� v�ri
�i��� ro Auoir
The SURVEYOR agrees that the C1TY shall, until the expiration of three (3} years after
the final payment under this cantract, have access to and the right to examine any directly
per#inent books, documents, papers, comp�ter media, and records of the SURV�YOR in�ol�ing
transactions relating to this contract. The SURVEYOR agrees that the CITY shall have access
during normal working hours ko all necessary SLIRVEYOR facilities and shall be pro�ided
adequate and appropriate work space in order to conduct audits in compliance with the pro�isions
of this section. The CITY shall give the SURVEYOR reasonable ad�ance natice of the intention to
audit.
The SURVEYOR further agrees to include in all its subcontracts hereunder a provision to
effeck that thE subcontracting consultant agrees that the CITY shall, until the expiratian of three
(3} years after khe final payrnent under the subcontract, hav� access to and the right ta examine
any directly pertinent books, documenks, papers, cornputer media, and records of such consultant
invvlving transactions relating to the subcontract, and furt�er that the CITY shall have access
durFng narmal working hours to all necessary consultant facilities and shall be provided adequate
and approptiate work space in order ko conduct audits in compliance with the provisions of thls
section. The CITY shall give the consultant 1-easottable ad�ance nokice of the intention to audit.
ART[CLE IX
iVIBENV�E GOALS
MIN�RITY AND WQMAN BUSINESS �NT�RPR�SE (MIWBE) PARTICIPATION:
$250,000 Each Person
$500,fl40 Each Occurrence
$30Q,000 �ach Occurrence
$250,Q00 Each Person
In accord with City of Fort Worth Ordinance Na. 11923, the City has goa[s for the
participation of rrEinority business enterprises and woman business enterprises in City contracts.
Surveyor acknawledges the MIWBE gaal established for this con#ract and its commi#ment to meet
that goal. Any misrepresentation andlor khe carrimission of fraud by the Surveyar may result in
the termination af this agreement and debarment from parkicipating in City contracis for a period
of time o# not less than three {3) years.
ARTICtE X
LIQi11DA�'�D DAMAG�S
Should the SURVEYOR fail to complet� khe worEc as sek forth in any PROJECT
1NFORMATION AND INSTRUCTION PACKET assigned ko 5urv�yor within the tirne so stipulated,
plus any additional as may be allowed due to unfioreseen circumstances, there s�all be deducted
from any moneys due or which may thereafter become ciue it, fhe sum of $75.00 per calendar
day, r�ot as a penalty but as liquidated damages, and the 5URVEYOR shall be liable to the CI7Y
for such deficiency.
��ric�� xi
F1RM ID�RITIFICAoTION
Sectior� 1
Vehicle Identification
All vehicles used under this contrack shall ha�e a sign on each side identifying the Firm.
5ecfion 2,
Employee ldentification
AI[ employees shall disp[ay an identification badge, wikh their picture dispiayed upon it, their name,
and th�ir em�loyers' name. Furkher, all employees shall carry business cards and offer them to all
mer�b�rs of the public that they have contact with.
Section 3
Representation
Employees shall maKe every reasonable effort to inform citizens that they are not employees of
the Clty, but only private contractors, providing services to the City.
ARiICLE Kll
VENUE
Venue of any suit or cause of action under this contract shafl lie in Tarrant County, Texas.
iN WITN�SS WH�R�OF, the parties hereby have execuked this agreement in tripkicate
originals on this date the day af , 20
e �
ATTEST:
4 `
I �
l� '�—L- — , ' r�_
City Secretary
CITY OF F T W�ORTH
/
BY. li 1
. City Ma�ager
ATTEST: (Surveyar)
�I �,L��-l=C/�- • ��
By: —� _ _ _ =v+ ��3 ��c�'
Secretary � (title} ',!!C" f � - � � ' •
: � �l�f �
Address: �.7� � O_ . �� f7L��, �7r,� �f�
�(,C1`e �c�
�rf �c��,, -T���S �+�107
APPROVEb AS TO FORM AND LEGALlTY: APPR�VAL RECOMMENDED:
� ! /
��`�_.,-
Assistant City Attorney Director, Department of �ngineering
�
Date:
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G�tl��'��� AtlthO�� ���.�01A
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D���
Orig.: 0�lQ2196, Reu UBIia196, Rev. 0712419i, Rev. 1'E121197, Rev. �6108I98, Re� 10116100, Rev 19/01/09, Rev 1013D102
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� DATE REFERENCE NUMB�R LOG NAME pAGE
,�� 12l17/02 **��q �3�� + 3�AWARDS + 1 of 2
SUBJ�CT AWARD OF REQUIREMENTS CONTRACTS FOR PROFESSIONAL SURVEYI(�G
� SERVICES FOR UARIOUS CITY PRQJECTS
RECOMMENDATION:
It is recommended that the City Cauncil authorize the City Mana�er to execut� a requirements contract
� ta provide protessional surveying senrices with four firms, AI�A �G�r�suitants, I�, L. �.� Halff Associates,
i Huitt-Zollars, Inc., and Lopez Garcia Group, for a period at one y�ar with an aggregate fee not to
exceed $250,Q00 per contract, with an nption for a one-year renewal, with renegotiated unit prices.
�
� DISCUSSION:
� Historically, the City has entered into per�odic requirerner�ts cor�tracis with �surveying firms to provide
services for �arious Cifiy projects. It is anticipated that these surveying firms wii! supplement City staff
' capabilities and prc�vide flexibility and rapid response ta department needs �sing pre-established unit
, prices. These firms wil! be utilized to complete the construction phase of the remainder af the 19�8
Capital Improvement Program, to pravide prefiminary surveys for the an#icipated 2003 Capital
' lmpro�emer�t Program, and to pr�pare Lake Worth lease praperties for public sale. Thes� firms may�
also be �tilized for specialized senrices such as aerial, photography, undergrounc! mapping, and las�r
imaging. Funding is provided on an individual prcaject basis.
Staff solicited statem+ents af qualifications wiihout cost estimates and received responses from nin�
firms. A selection cammitt�e comprised of City staff reviewed the fi�rms, �.nd based on qualifications,
selected tf�e firms ANA Consuitants, L. L. C., Halff Associates, Huitt-Zollars, Inc., and Lapez Garcia
Grflup. Staff has negotiated unit pri�es contained in each contract and believes them #o be fair and
� reasonabie. Staff recommends that ea�h of th� four firms be awarded a cohtract for a term af twelve
months, or $250,000 per firm in tatal biflings, wl�fchever accurs first. .
IDue to the scape of work far this contract, an M/WBE subcansultar�t goal was nQt established.
However, two of the. four fiirms selected, ANA Cansultants, L. L. C., and Lop�z Garcia Group, are
certitied MIWBE firms. . �
i�
C'ity of .Fort �orth9 T'exas
����r ��d C�u�c�l Co�����c�tio�
�ATE R���RENCE NLIMBER LOG NAME PAGE
12/17/02 **��� 9��� 30AWARDS 2 of 2
-suB��cr AWARD �F REQUIREMENTS CONTRACTS FOR PROFES510NAL SURVEYiNG
SERVICES FOR VARiOUS CITY PROJECTS
FlSCAL INF�RMATION/CERTIFICATI�N:
The Finance Director certi�ies that funds are�available in the budgets of the various prajects.
MO:k �
5ubrnitted fvr City Manager's
OfFice bp:
Marc Ott
�riginating �epariment Iiead:
Douglas Radeinaker
Additional Informafion Contact:
FUND I ACCOUNT � CEI�ITER I AMOUNT
(ta)
$476
6] 57 (fram)
CITY $ECRETARY
APPROVEI] 12I17102
Kevin �-iansen 7925