HomeMy WebLinkAboutContract 28279�ity of �ort 1North
Department of �ngineering
Sur�ey �errrices Division
�equirements C�nfract
�00��2003
�IYY ���R�`�A�1�
CQN`�RA�Ci' �Qa e����
sTAT� oF �rExas
COUNTY OF 7ARRANT }
KNOW ALL MEN BY THES� PRES�NTS:
That the City of �or� Warth, a municipal corporation sitUated in Tarrant County. Texas, acting
herein, by and through Gary Jackson, its duly authoriz�d City Manager, hereinafter caffed
"C1TY", and Halff Associates. Inc. , acting herein by and through
T. Lv�n Lo�elf. P.E.. R.P.L.S. , its dUly authorizecE Aaent ,
hereinafter called "SURVEYOR", hereby make and enter into the foflowing agreement:
ARiIC�� l
Section 1
S�RVEC�S
Far and in consideration of the covenants and payments herein mentioned, the SURV�YOR
hereby covenants and agrees as a� independent contractar, to perform the services hereinafter
described with diligence and in accordance with the professianal standards customarily abtained for
such services in the State of Texas.
71�e ser�ices to be performed by the SURVEYQR hereunder shall include topographic,
preliminary, geodetic, cacEastral, construction, as-constructed and all other nec�ssary land surveying
tasks, as specifi�cE by the CITY. The services hereunder may �e requested by the CITY an a project-
to-project basis, which will normally require from one (1) day to se�eral months to camplete.
The SU�iVEYOR shalE be given written authorization #o proceed with the requested services
along with a PROJECT INFORMATION AND INSTRUCTION PACKET which shall contain the scope
of services to be provided, �epartme�t of Engineering {DOE) project number(s), Praject Name,
plans, maps, plats, sample farmats (ASCII, DWG, pXF files and any required F�ard copies of data) in
which #he completed data is to be supplie� to the CITY, project schedules, etc. or other pertinent data
as necessary. The PROJECT INFORMATION AND INSTRUCTION PACKET shall become a part of
this agreernent, and ii will be the SURVEYOR'S respansib�lity to make certain that completed data is
furnished to the CITY IN THE EXACT FORMA7 REQUESTED IN THE INFORMATION AND
INSTRUCTION PACKET, and that copies of the original field data are submitted to the C1TY for
inclusion into the permanent project fi9es.
Time is of the essence, therefore the SURVEYOR agrees to �egin work on any requested
services within two (2) working days after the receipt of the written authorization to begin work, and
wark authorized hereunder shall be completed within a time period to be specified in writing at the
time the SURVEYOR is aut�orized to begin work. The SURV�YOR agrees that it may be requested
to perform services simultaneously on one �1) or more projects at any giv�n time, and that the
foregoing time limifations will apply to all individual requests for services on which the SURVEYOR'S
forces are working.
The SURVEYOR acknowledges hereby that it may be on� ��) of several independent
contractors, any of which may be providing like services to the CITY simultaneously at separate siies.
Further, the Sl1RVEYOf� acknowledges #hat the SEYVICGS request�d by the CI7Y hereunder will
supplement like services by CITY forces with the intent to maintain the capacity of CI7Y forces to
meet work deadl9nes during periods in which work loads exceed narmal levels, or to provide
specialized services, and this agreement in no way grants any excfusi�e 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 wor�C load and the CITY'S evafuation of the amenity of services by
the SURVEYOR.
2
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Section 2
The services to be performed by the SI�RVEYOR shall include, but not limited to the
folEowing:
1. Whe� requested by #he CITY, the SURV�Y�R shall provide services of a three (3)
member field crew on an i�ourly basis, eight (8) hours minimum charge per request,
and perfarm within the time specified, the surveying services requested by the CITY.
2. When requssted by the CITY, the SURVEYOR shafl pro�ide services of a two (2)
member field crew on an hourly basis, eight (8) hours minimum charge per request,
and perform within the time specified, the surveying serriices requested by the CI7Y
3. When requested by the CITY, the SURVEYOR shall provide services af a Registered
Professianal Land 5urveyor, licensed by the Texas Bflard of Professional Land
Surveying, on an hourky basis, and p�rform within the time specified, the surveying
services request�d by the CITY.
4. When reguested by the CITY, the SURVEYOR shall provide services of 5urveying
Technicians, experienced in preparation of survey related doc�ments such as maps,
plats, legal �escription, records research or other related �acuments, GP5 operation
and pracessing, or technical services as specified at #ime t�� request is made, on an
hourly basis, and p�rtorm within t�e time specif3ed, the surveying services requested
!�y the CITY,
5. When r�qu�sted by the CITY, the SURVEYOR shall provide personnel and
equipment to perfarm work using Global Positianing Systems on an hourly basis
within the time speclfied by the CiTY.
6. When requested by the CITY, the SURVEYOR shall abtain services from other
vendors, necessary for the execution and progress af the assigned projeet. The
SURV�YOR may use sources from either his own firm ar an outside supplier, at his
discretion, unless otherwise directed by the CITY. Payment for these services shall
be a# a rate of actual billing to the SURVEYOR, plus 10 per cent far profit and
overhead. A copy of the invaice from the �endar to the SIJRVEYOR must be
submitted to the CITY with the SURVEYOR'S invoice for payment for all work
performed �ander this p4rtion of the contract,
7. All field notes, plats, maps, legal descr�ptians or other specified documents prepared
in conjunction with the requested services shall be pro�ided in a digital farmat
cvmpatible with the electronic data callection and comp�ter aided design and
drafting software currently in use by the CITY Surveying Services Di�ision (Eagle
Point AutoCAD R14}. All text data such as legal descriptions, coordinate files, cut
sheets etc. shall �e provided in the Ameriean S#andard Code for Information
In#erchange (ASCII) format and all drawing f9les shall be pravided in Autocad (DWG
Ok� DXF') format using sampfe documents pro�ided to the SIJRVEY01� in the
PROJ�C�" INFORMATION AND INSTRUC710N PAGK�T, or as otherwise approved
in writing by the CITY, and all data callect�d and generated during the course of the
project shall b�car�e the property of the CI�Y.
8, All work provided by the SURVEY�R heretander shall conform to the current rules
and regulations of the TEXAS BQARD OF PROF�SSIONAL. I,AND SURVEYWG;
and except as provided for herein meet the minimum standards af practice as set
forth in the current edition ofi TEXAS SOCIETY OF PROFES510NAL LAND
SURVEYORS "MANUAL �F PRACTIC� FOR LAND SURVEYING IN TEXAS
9. The CITY may, at its discretion, specify more stringent accuracy standards than
those established herein at the time the senrices are requested.
A�TIC�� Il
COMP�NSA�ION
5ection 1
For all land surveying ser�ices pro�ided hereunder, including but not limited to, all expenses
for and provisions af payroll, supervision, overF�ead, profit, insurance, benefits, local tra�el, tools,
equipment, materials, reproduction, supplies, and incidentals, the CITY agrees to pay the
SURVEYOR a fee in the amount equa[ ta the following haurly rates times the hours invoiced and
approved for paym�nt by the CITY for each request or portion thereof performed by the SURV�YOR,
or a preappraved negotiated Lump Sum:
THREE (3) MEMBER FIELD CREW
TWO (2) MEMB�R FIELp CREW
REG[STERED PROFESSIONAL LAND SURVEYOR
GLOBAL P�SI7fON1NG SYS7�MS CR�W (the applicable
Field Crew rate plus $36A0 per GPS unit us�d)
SiJRVEYINGIGPS TECHNICIAN
VEN�OR SERVICES
Section 2
$ 140.Q0 .
$ 110.00 .
$ 11a.OD .
$ Crew plus $36.00/unii_
$ 70.00 .
$ Actual Invoice Plus 10%
In no e�ent shall the payment by the C[TY for all work and services performed hereunder
exceed the sum of $ 250,OD0.
Section 3
Paymen# shaif be made monthly upon receipt and approval by the Cl7Y of invoices from the
SURVEYOR, for services performed during the period covered by said invoices. Separate invoices
for each project shall include dates of service and hourly totals for each contract rate as well as
extended totals broken down for each project by Department of Engineering project number and fund
code, with tf�e project name and client department project number as shown on the "Authorization to
Begin Work".
Section 4
'�he award �� this contracf does nat guarantee ihe �xpendi#ures of funds under #his
cantract unless work is actually r�quested by th� C1iY, and perfarmed f�y the SURV�Y�R.
ARiIC�� III
iR�►NSFER �F CONiRACi
Neither the C17Y nor ihe SURV�YOR shall assign, sublet or transfer any rights under or
interest in {including, but without lirr�itation, moneys that may become due or maneys that are due)
this document �vithout the written cansent of the ather, except to the extent that it is limited by law,
4
ARiICL� IV
`�I�f�MINATION O�' CONiRACi
Sectian 1
This cantract shall expire at midnight (CST}, one year from the date on which said cantrac# is
extended; being two years from ihe date this cantract was approved and awarded by Council. It is
contemplated that work orders will be issued to the surveyor for work to be performed under this
contract for not to exceed 365 calendar days following the date of the contract extension nor to
exceed the fimit of the bid price, whichever should accur first. The term of the contract shall be
extended #o allow surveyor to complete any work order issued prior to the expiration date of the
contract. The surveyor shall be required to camplete any work covered by a work order issued priar
to that date of expiration, unless notified in writing oth�rwis�.
Section 2
The CITY may terminate this contract, or a specific worfc ord�r, a# any time and for any cause
by a notice in writing to the SURVEYOR. Upon receipt of such notice the SURVEYOR shall
immediate�y discontinue all services and woric; and the placir�g of alf orders or entering to contracts
for supplies, assistance, facilities, and materials in connection with the performance of this contract
and shall proceed to cancel promptly all existing contracts insofar as they ara chargeable ta this
contrac�, or a specific work nrder
Section 3
I# the CITY terminates this contract, or work arder, under the forgoing SECTION 2, the CI7Y
shall pay the SURVEY�R at contract rates for services performed prior to such notice of termination
of contract, or work order.
ARiICL� V
OWN��iSiilF' D� CIOCUM�NiS
Alf completed ar partially completed original documents prepar�d under this contract, shall
become the properky of #he CITY upon termination or upon expiration of the contrac#, and may b�
used by the CITY in any manner it desires; pro�ided, however, that the S1JRV�YOR shall not be
liabEe far the use af s�ach documents for any purpose other than as described when requested.
ARTIC�€ Vl
IND�P�N��Ni C�NiFiACiOR
The SURVEYOR covenants ancf agrees ihat it will perform the wark hereu�der as an
independeni contractor, and not as an officer, agent servant or employee of the CITY; that the
SURVEYOR sha{{ ha�e exclusive control of and the exclusi�e right to control the details of the work
performed hereunder, and all persons performing same, and sha[I be fiable for the acts and
omissions of its officers, agents, employees, contractors, subcontractors and consultanis, and
nothing herein shall be construed as creating a partnership or joint enterprise between the Cf7Y and
the SURVEYOFi. In accordance with the PROFESSIONAL LAND SUFiVEYING ACT of 1991, as
amended in 1995, the CITY is hereby informed that any camplaints about the surveying services may
be directed to the TEXAS BOARD O� PROFESSIONAL LAND SURVEYING, 7701 North Lamar,
Suite 4a0, Austin, Texas, 78752, (512} 452-9427.
AR f (C�� VI[
INSURANC�
Ap�ro�al by the CiTY af this agreement shall nat constitute or be deemed to be a release of
t�e responsibility and liability of ihe Surveyor, it officers, agents, emplQyees, and subcontractors for
the accuracy and competency of the services performed under this agraemenfi, including but nat
limited to survey, designs, working drawings and specifications and othe� surveying documents.
5uch approval shall not be deemed to be an assumption of such responsibility and liability by
t�e CITY for any negligent ac#, error or omission in the performance of Surveyors professianal
services or in the conduct or preparation af the surveys, designs, working drawings, and
specifications or other surveying documents by the Surveyor, its officers, agent, employees and
subcontractors. In this cannection, the Surv�yor shall indemnify and hnld the CITY and all of its
flfficers, agents, servants, and empiayees harml�ss from any IQss, damage, liability or expenses, on
account of damage to pro�erty and injuries, including death, to all p�rsons, including but not limited to
officers, agents, or emplayees of #he Surveyor or subcontractors, and all persons performing any part
of the work and improvements which may arise aut af any negligent act, error or omission in the
performance of Surveyor's professional services or in the conduct or preparation of surveys, designs,
working drawings, specifications, and other surveying documents incorporated into any
improv�men#s constructecE in accordance therewith, 7h� Surveyor shall defend at its own expense
any suits or other proc�edings brought against th� City and its officers, agents, servants, and
employees, or any of them on account thereof, and shall pay all exp�nses and satisfy a!I judgments
which may be incurred by or rendered against thern or any of them in connection ther�with, provided
and excep#, hawever, that this indemnification provision shall not be construed as requiring the
Surveyor ta indemnify or hold the City or any of i#'s officers, agents, servants, or employ�es harmless
for any loss, damages, liability or expense, on account of damage to property to injuries to persons
caused by defects of deficiencies in design criteria ar�d information furr�ished 5urveyor by City, ar any
deviation in construction from Surveyor's designs, working drawings, specifications or other
engineering documEnts.
Without limiting the aba�e indemnity, Surveyor sl�afl pro�ide to City a certificate of ins�rance
as proof that the Sur�eyor has obtained a policy of comprehensi�e general fiability coverage
(occurrence basis} with carriers acceptable to City co��ring afI risks relating to the services to be
performed under this contraet, by the 5urveyor, its subcontractors and consultants, such insurance to
be in at least the following amounts:
Bodily lnjury Liability
$250,000 �ach Person
$500,OOQ Each Occurrence
Property �amage Liability
Contractual Bodily Injury Liability
Contractual Properiy Ramage
$3ofl,Q00 Each �ccurrence
$250,000 Each �'erson
$500,000 Each Dccurrence
$300,OD0 �ach Oecurrence
The Surveyar 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 #he City. Such insurance shall be in the minimum amount of $1,00O,OOQ and shall
include coverage a# Contractually Assurned Liability. The insurance coverage prescribed herein shall
be maintained untif one (1) year after City acceptance of the project and shall not be canceled without
prior written notice to the City. In this connection, upon the signing and return of this agraement by
the Surveyor, a Gertificate of Insurance shall be furnished to the City as e�idence that #he insurance
coverage required herein has been obtained by Surveyar, and such certificate shall contain the
provisian that such insurance shall not be canceied or modified without thirty (30) days prior wriiten
notice #o the City. Surveyor shall notify City within ten (10} days of any modification or alteration in
such Professional Liability Insurance.
AR�'[CL� VIII
R[C�1� �'O AIJDI�
The SURVEY�R agrees that the CITY shall, until the expiration of three (3) years after the
final payment under this con#ract, have access to and the right fo examine any directly per�inent
books, documents, papers, camputer media, and recor�s of ihe SURVEYOR involvfng transactions
relating to this contract. The SURVEYOR agrees that the CITY shall have access during normal
working hours to all necessary SURV�YOR facilitias and shall �e provid�d adequate and appro�riate
work sPace in order to conduct audits in compliance with the pravisions of this section. The CITY
shall gi�e the SURVEYOR reasonable acf�ance notice of the intention to audit.
Tf�e SURVEY�R further agrees to include in all its su�contracts hereunder a provis3on to
effect that the s�bconiracting consultant agrees tha# the ClTY shall, until the expiratian of three (3)
years after fhe final payment under the sut�cantract, ha�e access to and the right to examir�e any
directly per�inent bqoks, documents, papers, computer media, and records of such consultant
involving transactions relating to the subcontraci, and further that the CITY shal! have access during
normal working hours to all necessary consultant facilities and shal! be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions af this section.
The CI7Y shall give the consultant reasonable ad�ance notice of the intention to audit.
AR�IC�� IX
MB�MIB� C�OA�S
MINORITY AN� WOMAN BUS[NESS ENTERPRISE (MMIB�) PAFiTfCI�'ATION:
In accord with City of Far� Worth Ordinance No. 1� 923, the City has goals for the
participation of minority business enierprises and woman business enterprises in Gity contracts.
Surveyor acknawledges the MIWBE goal established for this contract and its comrnitment to meet
that goal. Any misrepresentation andlor the co�rnmission of fraud by the 5urveyor may result in the
termination of this agreement and debarment from participating in City contracts far a period of time
of not less than three {3) years.
AFi'�[C�� X
�IQIJIDAT�D 9AhIlAG€S
5hould the SURV�YOR fail to compfete the work as set farth in any PROJECT
INFORMATI�N ANQ INSTRUCTI�N PACKET assigned to 5urveyor within the time so stipulated,
plus any additianal as may be allawed due to unforesesn circumstances, there shall be deducted
from any maneys due or which may thereafter become cEue it, the sum of $75.Ofl per calendar day,
not as a penalty but as liquidated damages, and the SURVEYOR shall be liable to the CITY for such
deficiency.
ARTICL� XI
�IRM I��N�I�'1CATION
Section 1
Vehicle ldentification: All vehicles used under this contract shall have a sign on each side
identifymg the Firm.
Sectian 2
Employee Identification: All ernployees shall display an identification badge, with their picture
displayed upon it, their name, and their emplayers' name. Further, all ernployees shall carry business
cards and offer them to al! members of the public that they have contac# with.
5ection 3
Representation: Employees shall make every reasonable effort to inform citizens that they are not
�mployees of the City, but only private contractors, pro�iding services to the City.
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AR�'ICL� XII
V�NU�
Venue of any suit or cause of action under this contract shall lie in Tarrant County, Texas.
IN WITNESS WHEREDF, the part9es hereby have executed thfs agreemeni in triplicate
originais on this date the 14th day of November , 2002.
ATT' E�T:
_ .a. r .
i . � �_Y
City Secretary'
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ATT�ST:
�
.,
�err . Roberts, PE, 5ecretary
Address: 400fl Fossil C�eek Blvd.
Fort Worth, Texas 7fi137
APPROVE� AS TO FORM AND L�GALITY:
, � �s� _ � � �
�
Assistan# City Attorn�y
Date:
CITY OF RT WOR
By` - ��
City M ager
(5urveyar) i �
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� ��
sy: _� � r , , `
7. Lynn LC�v�ell, p� RPLS, Vice Pr sident
�' Halff Associates, Inc.
APPROVAL RECOMMENDED:
Director, bepartment of Engineering
� ��3g�' ..-- -- _._.._.
Con��ca�t Ru�ho��.z���axe
�a _
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Da�e
Orlg.: 64/02196, Rev 06/14188, Rev. 07/24197, Rev. 11I21197, Rev. Ofil68/88, Rev 10/i6/d0, Rev 11101/a1, Rev 1013�102
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C'ity of �o�t �orth, T'exas
11�a���r �.�� ���.�.�il �����r�i�a�i�n
pATE REFER��iCE NUM�ER LOG NAME PAG�
12/17/D2 **�e°193��, 30AWARDS � of 2
SUBJEC7 AWARD OF REQUIREMENTS CONTRACTS FOR PROFESSIONAL SURI/EYING
SERVICES FOR VARIOUS CITY PROJECTS
RECOMMENDATION:
It is recommended ihat the City Council authorize the City Manager to execute a requirements cantract
to provide prof�ssional survey�ing ser►�ices with four �irms, ANA Consultants, L. L. C., Halff Asso�€a��s,
Huitt-Zollars, Inc., and Lopez Garcia Group, for a period of one year with an aggregate fee not to
exceed $250,000 per cantract, with an option far a one-year renewal, with renegotiated unit prices.
DISCUSSION:
Historically, the Gity has entered into periodic requirements contracts with surveying firms to pravide
services for �arious City proj�cts. It is ahticipated that these surveying firms will supplement City 5taff
capabilities and provide flexibility and rapid response to department needs using pre-established unit
prices. These #irms will be utilized to complete tl�e cor�struction phase af the remainder of the i998
Capital Impro�ement Program, to pravEde pre�iminary surveys for the ant�cipated 2003 Capital
[mprovement Program, and to prepare Lake Worth �ease proper#ies for public sale. These firms may
afso be utilized for specialized services such as aerial phatography, underground mapping, and laser
imaging. Funding is provided on an inciiv�dual project basis.
Staff �olicited statements of qualifications without cost esfimates and r�cei�ed responses from nine
firms. A selection commi#tee comprised of City staff reviewec� the firms, and based on qualifications,
selected the firms ANA Cons�altants, L. L. C., Ha�ff Associates, Huitt-Zollars, lnc., and Lopez Garcia
Group. Staff has negotiated unit prices cor�tained in each coniract and befie�es them to be fair and
reasonable. Staff recommends that each of the four firms be awarded a contract for a term of tweEve
months, or $250,000 per firm in total billings, whichever occurs firsfi. -
Due to the scope af wark far this cantract, an MIWBE subconsultant gaal was not established.
However, two of the four firms selected, ANA Consultants, L. L. G., and Lapez Garcia Group, are
certified MlWBE firms.
C'ity of �ort �orth9 T'exas
1��. or �.x�cl �o��c�l Co���.����t�o�
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pATE REFERENCE NUMBER LOG NAME PAGE
12/17/02 *���� g3�4 1 30AWARDS 2 of 2
SUBJECT AWARD OF REQUIREMENTS CONTRACTS FOR PROFESSIONAL SURVEYING
SERVICES F�R VARIOUS C1TY PROJECTS
FISCA�. INFORMATIONICERTIFICaTION:
T�e Finance Directar c�rtifies that funds are available in the budgets of the various pro�ects.
M�:k
Snbmitted fur Ciiy Manager's
Of�ice by:
Marc Ott 8476
Originaiing Departmeni Head:
Dougias Rademaker
Addifional In€vrmaiion Contact:
k[TND , ACCOLIN� I CEN'T�R I AMOUNT
(to)
6157 (from)
CITY SECRE�ARY
APPROVED 12/171D2
Kevin Hansen 7925