HomeMy WebLinkAboutContract 28280Ci4� ofi �orfi 1d91o�fih
Departmenfi o� �ngineer�ing
Survey Se�vices �ivision
Requir�ements Gonfiracfi
2002-2003
CiiY �f����i��`� ��.(�,��.
�ONiRA�T 6�� . �,
STATE OF TEXAS
COUNTY aF TARRANT }
KNOW ALL MEN BY THESE PR�SENTS:
That the City af Fort Worth, a rr�unicipal carporation situated in Tarrant County. Texas, acting
herein, by and through Gary Jackson, its duEy authorized City Manager, hereinafter caf}ed
"CIZ'1(", and �,/uii`f- Zo/%rs, Inc , , acting h�r�in by and through
Rsbe��' �. S'�i;�/��, , i#s duly authorized Sg�:or V;c�__ Nr�s:al�„� ,
hereinaf#er cafled 'SfJFEVEYOR", hereby ma�Ce and enter into the following agreement
ARTICL� I
S�FtViCES
Sectian �
For and ir� consideratian of the correnants and payments herein mentioned, the
SURVEYOR her�by covenants and agrees as an independent contractor, to perforrn the services
hereinafter descfibed with diligence and in accardance with the professional standards
customarify abtained far such services ir� the State of Texas.
The services to be performed by the SURVEYOR hereunder sF�all include topographic,
preliminary, geodetic, cadastral, constructian, as-constructed and all other necessary land
surveying tasks, as specified �y the CI7Y. The services hereunder may be requ�stecf by the CITY
on a project to-project basis, which will narmally require from ane (1) day ta several months to
complete.
The SURVEYOR shall be given written authorization to proceed with the reques#ed
services alang with a F'ROJEGT INFORMATION AND INSTRUCTION PACFtET which shall
eontain the scope o� services to be pro�ided, b�partrnent af Engineering (DOE) project
number(s), Project Nam�, �lans, maps, plats, sample farrrtats (ASCII, DWG, DXF f�1es and any
required hard copies of data) ir� which the compfeted data is �o be suppfied to th� CITY, project
schedufes, eic. or other pertinen# daia as necessary. The PROJECT INF�RMATfON AND
INSTRUCTION PACK�T shall become a part of this agreement, and it ►nrill be the SURV�YQR'S
responsibFfity to make certain that cornpleted data is furnished ta the CITY iN THE EXACT
FORMAT REQU�STED IN TFIE [N�ORMATION AIVD ENSTRUCTfON PACKET , and that copies
of the originai fieid data are submitted ta the CITY far inclusion into the permanent praject f�les.
Time is of the essence, therefore the SURVEYOR agrees to begin work on any requested
services within iwo (2) working days after the receipt of the writien authorization to begin work,
end work aukhorized hereunder sha!! be completed withir� a time period to be specified in vsrriking
at the time the SURV�Y�R is autt�orized to begin work. The SURVEYOR agrees that it may be
requested to pertorm services simultaneously on one (1) or mare prajects at ar�y gi�en tirrje, and
that the foregoing time limitatians will apply to all individual requests for services on which the
SURV�YOR'S forces are working.
The SURVEYOR acknowEedges hereby that it rnay be or�e (1) of several inde�endent
contractors, any of which rr3ay be prvviding like services to the CITY simultaneously at separake
sites. Fur#her, the SURV�Y�R acknowiedges that ths ser►�ices requested by the CIiY hereunder
wil! supplemer�t like services by CITY forces with the intent to maintain the capacity of CITY
farces #o meet worEc deadlines during periods in whieh worEc laads exceed normal levels, or to
provide specialized services, and this agreement in no way grants any exclusive right af the
SURVEYOR to provide seroices �nless such services are iRitiated and requested in writing by the
CITY, depending only on the CITY'S evafuation of its warEc Gaad and the CfTY'S evaluation of the
amenity of services by the SURVEYQR.
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5ection 2
The services to be performed by tY�e SURV�YOR shall include, but not limited to the
following:
1. Wi�en reqtiested by the GITY, the 5�FtVEYOR shall pravide services of a ihree
(3) member field crew or� an hourly basis, eight (8} hours minimum charge per
requesi, and perForrrt withir� the time specified , tf�e surveying serrrices requested
by the CITY.
2. When requested by the CITY, the SlJRV�YOR shaH pravide services of a two (2)
member field crew on an hourly basis, eight (8} hours mir�imum charge per
request, and pertorm within the time speciFred , tf�e surveying services requested
by the CIIY
3. When req�ested by the CI7Y, the SURVEYDR shall provide services of a
Regiskered Professiana! �and S�rveyor, licensed by the 7exas Boarc! of
Professional Land Surveyi�g, on an hourly basis, and perfarm within the time
specified , the surveying services requested by the CITY.
4. When requested by the CITY, tt�e SURV�YOR shall provide services of
S�rveying Technicians, experienced in �reparation of survey related documents
such as maps, plats, legal description, records research or other related
ciocuments, GPS operation and processing, or technical services as specified at
time the request is made, on an hourly basis, and perform within the time
specifi�d, the sur�eying services requested by the CITY.
5. When req�esied by the GITY, the SURVEYOR shall provide persar�nel and
equiprnent to perform work using Global Positioning Systems on an hourly basis
within the tirne specified by khe CI7Y.
6_ When requested by the CITY, the SURVEYOR shall obtain services from o#her
vendors, necessary for the �xecution and progress of the assigned project. The
SURVEYOR mey use sources frorr� either hi5 own frrrri or a� outside supplier, at
his discretion, unless otherwise directed by the CITIf. Payment far these services
shall be at a rate of actuai billing to the SURVEYDR, �lus 10 per cent for profit
and ovsrhead. 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
pertormed under this portion of the contract.
7. Ail fefd nates, plats, maps, legal descriptians or okher specif�ed documents
prepared in conju�ction with the requesked services shal! be provided in a digital
forrnat compatible with the efectronic data collection and computer aided design
and drafting software currently in use by the CIiY Surveying Ser�ices Division
{Eagle Point AutoCAD R14}. All text daia such as legal descriptions, c4ardinate
files, cut sheets etc. shaEl be provided in the American Sfiandard Code far
fnfarmatian Interchange (ASCll) farrriat and all drawing files shaif be provided in
Autocad (DWG OR DXF) format using sampls documents provided to the
SURV�Y�R in the PROJECT INFORMATIDN AND INSTRUGTION PR►CKE7, or
as otherwise approved in writing by ihe CI'i'Y, and all data caliected and
generated during tY�e caurse of fhe project s�all become the properry of the CITY.
8. Ali wark pro�ided by the SURVEYOR nereunder sha11 conform to the current
rules and regulations of the TEXAS BOARD OF PR�FESSIOI�AL LAND
SURVEYING; and except as pro�ided for herein meet the minimum standards of
practice as set farth in the current edition of TEXAS SOCFETY OF
PROFESSIONAL LAND SURVEYORS "MANUAL QF PRACTICE FOR �AND
SURVEYING IN TEXAS
9. The CITY may, at its discretian, specify more stringent accuracy standards than
thase established herein at the tirne the services are requested.
ARTICLE Il
CQNPP�MSATION
Section 9
For all fand surveying services provided hereunder, including but not limited to, all
expenses far and prov9sia�s of payroll, supenrision, overhead, profit, insurance, bene�its, Incal
travef, tools, equipment, materials, repraiuction, supplies, and incidentals, the CITY agrees to
pay #he SURVEYOR a fe� in khe arr�ount equal ta the following houriy rates times the haurs
invoieed and approved for payment by the CITY for each request or portion thereof perfarmed by
the Sl1RVEYOR, ar a preapproved negotiaied L�mp Sum:
THREE (3) MEMB�R FIELD CREW
7W0 {2) MEMBER FIELD CREW
REGISTERED PROFESSIONAL LAND SURVEYOR
GL.OBAL PO5ITIDNING SYSTEMS CR�W
SURVEYINGIGPS TECHNICIAN
VENDOR SERVICES
Section 2
� i�� ao
�� o0
$ I o0 p-
$ L�D p°
�P ! � p�
$ Actual tnvoice Plus 10%
tn rro event shall the payment by the CITY for all work and seroices pertormed hereunder
exceed tf�e sum of $ 250,000.
5ection 3
Payment shall be made manthly upon receipt and appro�af by the GITY o# invoices from
the SURVEYOR, for services performed during the period co�ersd by said in�oices. 5eparate
invoices for each project shall inciude dates of service and hourfy totals for each contract rate as
well as �xtended tota�s braken down for �aeh project by De�artment of Engine�rjng pro�ect
number anci fund code, with the praject name and client department praject number as shown on
the "Auihorization to Begin Work".
Sectior� 4
ihe awapci of this cantr�act does not guarantee the expenditures of funds undee this
contrac# unless work is act�aily requested by the Clilf, anrf performed by tf�e SURV�YOR.
ARTICLE III
TfiAfiISF�R OF CON7RACi
Neither the CITY nar the SURVEYOR sha�l assigr�, sublet or transfer any rights under ar
interest in (including, but without lirnitation, rrioneys that may become due or maneys khat are
due} this document wit}�au# ihe written consent of the other, except to the extent that it is limited
by law.
AR7�CL� N
TERi�IM/ATION O� CQNTRACY
5ection 1
This contract shall expire at midnight (C5T), one year from khe date on which said
cantract is extended, being fwn years from the dat� ihis contrect was appro�ed and awarded hy
Council. It is contemplated that w�rk orders will be issued to t�e surveyor for work to be
p�rformed� under this contrack for not ta exeeed 365 calendar days follo►nring the date of the
contract extensian nar ta exceed #hs fimit of ihe bid price, w�icf�e�er should oc�ur Frst. The term
of the contract shall be extended to allow sur��yor to complete any work arder issued prior ta the
expiratior� date af the contract. The surveyor shall be required ta complate any work co�ered by a
wor�C arder issued priof to that date of expiratior�, unless nokifred in writing otherwise.
Section 2
The CITY may terminaie this contraci, or a specific wark order, at any time and for any
cause by a notice in writing ta ihe SURVEYDR. Upon receipt of such notice the SURVEYOR shall
immediately discontinue all services and work; and the placing of afE arders or entering to
contracts for supplies, assistance, facilities, and materials in connection with the performa�ce of
this contract and shall proceed to cancel promptiy all exisking conkracts insofar as they are
chargeabfe to this coniract, or a specifc work order
Sec#ian 3
If the CITY terminates this contract, or work order, under the forgoing SEC710N 2, the
CITY shall pay the SURVEYOR at contract rates for services performeci prior to such notice of
terrr��nation of contrect, or work order.
ARTICL� 11
01�N�RSH1� OF DOCl1iiAEN75
All compfeted or partially completed original dacuments prepared under this eontract,
shall become the property of ti�e CITY upon termination or upon expiration of tt�e contract, and
may be used by the CITY in any manner it clesires; provided, however, that the SURVEYQR shall
not be liable for the use af such dflcurnents for any purpose other than as describ�ci when
requested.
5
a�ric�� v�
1T]DEPEND�NT COiViRACTOR
The SURVEYQR cor►enants and agrees that it will perform the work here�nder as an
independent cantractor, and not as an officer, agent servani ar employee ofi khe CITY; that the
SURVEYOR shafl �ave excEusive co�trol of and the exclusive right to control the detaifs ofi the
work performed hereunder, and a{I persons performing sarr�e, and shall be liable for the acts and
omissions af its offieers, agents, employees, contrackors, subcontractors and co�sultants, and
nothing herein shall be construed as creating a�artnership orjoint enterprise betwe�n the CITY
and the SURVEYOR. In accordance with the PR�FESSIONAL LAND SURVEYIfVG ACT af 1991,
as amended in � 995, #he ClTY is hereby informed that any complaints abaut the surveying
services may b� directed ta the TEXAS BOARD OF PRDF�S510NAL LAND SURVEYfNG, 7741
North Lamar, 5uite �4Q0, Austin, Texas, i8752, (512) 452-9427.
ARTICL� VII
lIVSURANC�
Approval by the ClTY af this agreement shall not constitute or be deem�d to be a release
of the responsibility and liability of the Surveyor, it officers, agents, employee�, and
subcontraetars for the accuracy and competency af the services pertormed under th�s agreement,
including but no# limited to survey, designs, working drawings and specifications a�d other
surveying documents.
Such approval shafl not be deemed io be an assumption of such respansibilEty and
IiabiGty by the CI�Y for any negligent act, error or omission in t�e performance of Surveyors
professional services or in the conduct or preparatinn of the surveys, designs, workirig drawings,
and specifications or other surveying dflcurnents by the Surveyor, its officers, agent, employees
and subeontractors. In this connection, the Sunreyor shall indemnify and hold the C1TY and all o�
its af�eers, agents, servants, and employses harmless from any loss, damage, liability or
expenses, on account of damage to property and ir�juries, incGuding death, to a[f personsr
including buf not fmited to officers, agents, or ernployees of the Surrreyor or subcontractors, and
a!I persons perfarming any {�art of the worEc and impravements wh�ch may arise aut of any
negligent act, error or omission in the performance of Surveyor's professional services or in the
conduct ar preparation of surveys, desi�ns, warking drawings, specifications, a�d at�er surveying
documents incorporated into any impravements cans�cted in accorcfance therewiih. The
5urveyor shall defend at its vwn expense a�y s�its or other proceedings brought against the City
and its officers, agents, servants, and employees, or any of them on account thereof, and shall
pay all expenses and satisfy all judgments which may be incurred by ar rendered against them or
any of them in connection therewith, provi�ed ar�d except, howevef, that this indemnification
�rovision shafl not be constr�aed as requiring the 5urveyar to indernnify or hold the City or any of
it's o�cers, agents, servants, or empfoyees harmCess for any loss, clamages, liability or expense,
or� account of darnage to property to in�uries to persons caused by defects of deficienc9es ir�
design crikeria and information furnished 5urveyor by City, ar any deviation in construction from
Surveyor's designs, warking drawings, specifications or other engineering docurr�ents.
6
Wthout limiting the above indemnity, Surveyor shall pra�ide to City a certificate of
insurance as proaf that the Sur�eyar has obka�ned a policy of cornpre�tensive general Iiability
coverage (occurrence basis) witf� carriers acceptable to City covering af{ risks refating to khe
services to be pertarmed under this contrack, by the Surveyor, its subcontractors a�d consultants,
such insurance to be in at least the fa�fowing amounts:
Bodil� Injury Liability
Proper#y Da�nage �iabili�r
Contractual Bodily Injury Liability
Contrackual PropErty Damage
$250,000 Each Person
$500,000 Each Occurrence
$3DO,QE}Q �ach Occurr�nce
$250,OOD Each Persan
$500,OD0 Each �ccurrence
$300,p00 Each OccurrEnce
The Surveyor sha�l nnt comrnence work under this Agreement until it has obtained
Professional Liability Insufance as required hereunder and such insurance co�erage has been
approved by the City. Such insurance shall be in the minimum amoun# of $1,000,000 and shall
include coverage of Contractually Assumed Liability. The insura�ce coverage prescribed herein
shall be maintained until one (1) year after City acceptance af the projec# and sha11 not be
canceled without prior wri#en notiee ta the City. fn this ca�nection, upon the signing and return of
#his agreement by the Surveyor, a Certificate of Insurance shaEl be furnished to the City as
e�idence that the insurar�ce coverage required here9n has been obtained by Sur�eyor, and s�ch
certifcate shall contain t�e provision #hat sueh insurance shafl nat be canceled ar rr�odi�ied
without thirty (3p) days prior written notice to t�e City. Surv�yor shall notify City within ten (10)
days of any modification ar alteraiion in such Rrof�ssional Liabiliiy Insurance.
ARTICL� Vlll
RIGHT TO AUUIY
The SURVEYOR agrees that the C{'TY shall, until the expiration of three (3) years after
ihe final payme�t under this contract, have access to and the righf to examine any direc�ly
pertir�ent books, dacuments, papers, computer media, and records of the SURVEYDR invalving
fransactions relating to this cont�act. The SURVEYOR agrees that the CtTY shall have access
during normal worki�g hours fo all necessary SURVEYOR facilities and sha[I be provided
adequate and appropriate wark space in order to conduct audits in compliance with the provisions
of this se�tion. The CITY shall give the SURVEYOR reasonable adWance notice of the intention to
audit.
Tt�e SURVEYOR further agrees ta include in aEl its su�acontracts h�reunc3er a�rovision to
effect that the s�bcontracting consulkant agrees that the C17Y shall, until the expiration of three
(3) years after the finaE payment under the subcontract, have access to and the right to examine
any directiy pertinent books, documer�ts, papers, computer media, and records of such consuftant
involving transactians relating to khe subcontract, and further that the CITY shell have access
during norrrtal working hours to aA necessary consultant facilities and shal! be pro�ided adequate
and appropriate work space in arder to conducE audits in compliance with the provisions of tt�is
sectia�. The CITY shall give the cons�lta�t reasonab�� advance notice af the intention to audit.
ARiICL� iX
MB�1�41�� GOALS
MiNORITY AND WOMAN BUSiNESS ENTERPRIS� (MNVBE) PARTICIPATION:
In accord with City o# Fvrt Worth Ordinance No. 11923, the Cify has goals for the
participation of minority business enterprises and waman business enterprises in City contracts_
Surveyor acknowledges the M1WBE goal established for this contract a�d its commitment to meet
that goal. Any misrepresentation andlor the commission of fraud by t�e 5urveyor may result in
the terminatian of this agreement and debarment from participating in Ciky contracts for a period
of tir�e of not ies�s than three (3) years.
ARTiCL� X
LlQUIDATED DAAflAGES
Should the SURVEYOR fail ta cornple#e the work as set forth in any PROJECT
INFQRMATION AND INSTRIJCTION PACF�ET assigned to Sur�eyor within the time so
sEiputated, plus any additional as may be allowed due to unforeseen circumstances, t�ere shall be
deducted from any rnoneys due or which rrzay thereafter become due it, the sum of $75.OQ per
cale�dar day, nok as a penalty but as liquidated damages, and the SURVEYOR sha�l be iiable io
the CITY for such deficiency.
f�1.;��L�3��:11
FIRE9N IDE�lTIFICA7�ON
Section 1
V�hicle fdentification
AEI vehicfes usec! under this contract shall ha�e a sign on each side identifying the Firm.
5ectio� 2,
Empioyee Identfication
A!I einployees shall display an identification badge, with their picture displayed upan ii, their
name, and their employers' name_ Fur�her, a�] employees shall carry business cards and offer
them to al1 members of the public tha# they ha�e contact with.
Seckion 3
Representation
Empfoyees shall make e�ery reasonabEe effort to inform citizens that ihey are nat employess of
the City, but onfy pri�ate contractors, �ro�iding services to th� Ci�y.
� �
ART�CL� X�I
V�NU�
Ver�ue of any suit or cause af action under this contract shall lie in Tarrant Co�nty, Texas.
IN WITNESS WH�RE�,�, fh�e parties hereby have executed this agreement in triplicate
originals an this date the ,i�5 day of �.C• , 200� .
ATT�T: �
�. _ /
; �' - � ,�
City Secretary�
AT�EST:
��
` .! �'�� /
Secretary
.�-
AddrBss: �ui�- Zo/�a�s, l/�c.
S��fe 30o saa W. 7� S�. Ma�f Un�� �3
F�f . i�(�or��i, TX 76/D �- 4� 77.�
APPROVED AS TO FORM AND L�GALITY:
F . - � l
� ---- -
Assistant City Attorney
Date:
CITY OF �R7 WORTH
By: � �� � /
� � .
Ciiy r�ager -�
(Surveyor)
,
By: • ,
(title) S��Jor V�ce res:dcnf"
APPROVAL RECOMMENDED:
, �
�irector, Department of Engineering
�; � �� ���-
Co�txact 1�utha�iza�io�
Ia1 t�,���-.._..���_ -- -_
,v.
�ate
Orig.: 041d2I96, Rev 06110l96, Re�. 07124197, Rev_ 11/21197, Rev. 06/08198, Rev 10116100, Rev 11101I01, Re� 1fl1301Q2
9
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C'ity of .�ort Worth, T'exas
���or a��. C��.�.c�l ����.�.�ic�.t�o�
[7AiE Fi�FEFiENCE NUMBER LOG Ni4ME PRGE
12/�7/02 **�_�g�gQ, 30AWARDS I 1 ofi 2
sua�ECT AWARD OF REQUIREMENTS CONTRACTS FOR PROFESSIONAL SURVEYING
SERVICES FOR VARIOUS CITY PROJECTS
RECOMM'ENDATION:
It is recommended that the City Cauncil auiharize the City Manager to execute a requirements coritract
to pravide profiessional surveying services witi� four firms, ANA Consultants, L. L. G, Halff Associates, I
Huitt-Zallars, Inc., and Lopez Garcia Group, for a period af one year with an aggregate fee not to
exce�d $250,OOQ per contract, with an option for a one-year renewal, with renego#iated unit prices. �
DISCUS510N:
Historically, the City has entered �nta periodic requirements cont�acts with surveying firms to provide
services for various City projects. It is anticipated that these surveying firms will supplement City staff
capabilities and provide flexibility ar�d rapid respanse to department needs using �re-established �nit
prices, These firms wifl be utilized to complete t�e construction phase af the remainder of the 1998
Capital Impravement Program, ta provide preNiminary surveys for the anticipated 2003 Capiial
Improvement Program, and to prepare Lake Worth fease �roperties for pu6lic sale. These firms may
also be utilized for specialized servicEs such as aerial photagraphy, underground mapping, and laser
imaging. Funding is provided on an indi�idual project basis.
Staff solic�ted statements of qualificatians without cost estimates and received r�sponses from nine
firms. A selection camm�ttee comprise� of City staff reviewed t�e firms, and based on qualifications,
selected the f�rms ANA Consultants, l�. l.. C., Halff Associates, Huitt-Zollars, Inc., and Lopez Garcia
Group. Staff has r�egotiated unit prices contained in each contract and �elieves �ham to be fiair and
reasonable. Staff recommends that each af the four firms be awarded a contract for a term of tw�lve
manths, ar $250,OOa per �irm in total bi�lings, wh�chever acc�rs first.
Due ta the scope of work for this contract, an M/WBE subconsultan# gaal was not established.
Haw��er, two o� the faur firms selec�ed, ANA Cor�sultants, L. L. C., and Lopez Garcia Group, ar�
certifiied MIWBE firms.
�`ity of �'o�t T�o�th, T'exas
11�ayo� �r�c� �o��cil ������i��.t�o�
DATE REFERENCE NUMBER LOG NAME PAGE
12117/Q2 *��_ j 9��� 30AWARDS 2 of 2
sus.i�cr AWARD OF REQUIREMENTS CONTRACTS F�R PFi�FESSIONAL SURVEYING
SERVICES FOF� VARIOUS CITY PROJECTS
FISCAL INFORMATION/CERTIFICATION:
The Financ� Director certifies that funds are available ir� the budgets of the various projects.
MO:k
�
5ubmitted for C�ty Manager's
Office by:
Marc Ott
Originahing Department Head:
Douglas Rademaker
Additaanal Informatian Contact:
FUND � ACCOUNT I CENTER I AMOiTNT
(to)
84'76
6157 {from)
Kevin Hansen 7925
CiT'Y SECRETARY
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I APPROVEU 12/17/42