HomeMy WebLinkAboutContract 31146 CITY SECRETARY I
CONTRACT NO.
FORTWORTH
City of Fort Worth
Engineering Department
Survey Services Division
Requirements Contract
ORIGINAL
CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That the City of Fort Worth, a municipal corporation situated in Tarrant, Wise and Denton
Counties, Texas, acting herein, by and through Marc A. Ott, its duly authorized Assistant City
Manager, hereinafter called "CITY", and NTB Associates, acting herein by and through Paul
Rossini, its duly authorized President, hereinafter called "SURVEYOR', hereby make and enter
into the following agreement:
ARTICLE I
SERVICES
Section 1
For and in consideration of the covenants and payments herein mentioned,
SURVEYOR hereby covenants and agrees as an independent contractor,to perform the
services hereinafter described with diligence and in accordance with the professional standards
customarily obtained for such services in the State of Texas.
The services to be performed by the SURVEYOR hereunder shall include topographic,
preliminary, geodetic, cadastral, construction, as-constructed and all other necessary land
surveying tasks, as specified by the CITY. The services hereunder may be requested by the
CITY on a project-to-project basis,which will normally require from one (1)day to several
months to complete.
The SURVEYOR shall be given written authorization to proceed with the requested
services along with a PROJECT INFORMATION AND INSTRUCTION PACKET which shall
contain the scope of services to be provided, Department of Engineering (DOE) project
number(s), Project Name, plans, maps, plats, sample formats (ASCII, DWG, DXF files and any
required hard copies of data) in which the completed data is to be supplied to the CITY, project
schedules, etc. or other pertinent data as necessary. Each PROJECT INFORMATION AND
INSTRUCTION PACKET issued to SURVEYOR shall become a part of this agreement, and it
will be the SURVEYOR'S responsibility to make certain that completed data is furnished to the
CITY IN THE EXACT FORMAT REQUESTED IN THE INFORMATION AND INSTRUCTION
PACKET, and that copies of the original field 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 work, and work authorized hereunder shall be completed within a time period to be
specified in writing at the time the SURVEYOR is authorized to begin work. The SURVEYOR
agrees that it may be requested to perform services simultaneously on one (1)or more projects
at any given time, and that the foregoing time limitations will apply to each individual request for
services on which the SURVEYOR'S forces are working.
The SURVEYOR acknowiedges hereby that it may be one (1)of several surveying firms
that the CITY may contract with as independent contractors, any of which may be providing like
services to the CITY simultaneously at separate sites. Further,the SURVEYOR acknowiedges
that the services requested by the CITY hereunder 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 normal levels, and this agreement in no way grants any exclusi7Ffl
of the SURVEYOR to provide services unless such services are initiated and requested i46 '�
2 �e�
by the CITY, depending only on the CITY'S evaluation of its work load and the CITY'S evaluation
of the amenity of services by the SURVEYOR.
Section 2
The services to be performed by the SURVEYOR shall include, but not limited to the
following:
1. When requested by the CITY,the SURVEYOR shall provide services of a three
(3) member field crew on an hourly basis, eight (8) hours minimum charge per
request, and perform within the time specified, the surveying services requested
by the CITY.
2. When requested by the CITY,the SURVEYOR shall provide services of a two
(2) member field crew on an hourly basis, eight (8) hours minimum change per
request, and perform within the time specified, the surveying services requested
by the CITY
3. When requested by the CITY,the SURVEYOR shall 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 surveying services requested by the CITY.
4. When requested by the CITY,the SURVEYOR shall provide services of
Surveying Technicians, experienced in preparation of survey related documents
such as maps, plats, legal description, records research or other related
documents or technical services as specified at time the request is made, on an
hourly basis, and perform within the time specified,the surveying services
requested by the CITY.
5. When requested by the CITY,the SURVEYOR shall provide personnel and
equipment to perforin work using Global Positioning Systems on an hourly basis
within the time specified by the CITY.
6. When requested by the CITY,the SURVEYOR shall obtain services from other
vendors necessary for the execution and progress of the assigned project.
Payment for these services shall be at a rate of actual billing to the SURVEYOR,
plus 10 per cent for profit and overhead.A copy of the invoice from the vendor
to the SURVEYOR must be submitted to the CITY with the SURVEYOR'S
invoice for payment for all work performed under this portion of the contract. No
additional compensation shall be paid for subconsultant services.
7. All field notes, plats, maps, legal descriptions or other specified documents
prepared in conjunction with the requested services shall be provided in a digital
format compatible with the electronic data collection and computer aided design
and drafting software currently in use by the CITY Surveying Services Division
(Eagle Point 2000/IntelliCAD 98, Release 1.0e).All text data such as Real
Property Descriptions, coordinate files, cut sheets etc. shall be provided in the
American Standard Code for Information Interchange (ASCII) format and all
drawing files shall be provided in Autocad (DWG OR DXF) format using sample
documents provided to the SURVEYOR in the PROJECT INFORMATION AND
INSTRUCTION PACKET, or as otherwise approved in writing by the CITY, and
all data collected and generated during the course of the project shall become
the property of the CITY.
8. All work provided by the SURVEYOR hereunder shall conform to the then
current rules and regulations of the TEXAS BOARD OF PROFESIS
SURVEYING as such may be amended from time to time, and exp }
� #rN�
provided for herein meet the minimum standards of practice as set o W a &����'
'lyy ���Rfl&ky
3
. ��r .
current edition of TEXAS SOCIETY OF PROFESSIONAL LAND SURVEYORS
"MANUAL OF PRACTICE 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 services are requested, and if so
specified, shall be in writing signed by the CITY.
ARTICLE 11
COMPENSATION
Section 1
For all land surveying services provided hereunder, including but not limited to, all
expenses for and provisions of payroll, supervision, overhead, profit, insurance, benefits, local
travel,tools, equipment, materials, supplies and incidentals,the CITY agrees to pay the
SURVEYOR a fee in the amount equal to the following hourly rates times the hours invoiced and
approved for payment by the CITY for each request or portion thereof performed by the
SURVEYOR:
THREE (3) MEMBER FIELD CREW $
TWO (2) MEMBER FIELD CREW $ O a6
REGISTERED PROFESSIONAL LAND SURVEYOR $ S5 �
GLOBAL POSITIONING SYSTEMS CREW $ 1-3529
SURVEYING TECHNICIAN $ 757 '�
VENDOR SERVICES $Actual Invoice Pius 10%
Section 2
In no event shall the payment by the CITY for all work and services performed
hereunder exceed the sum of$250,000.
Section 3
Payment shall be made monthly upon receipt and approval by the CITY of an invoice
from the SURVEYOR, for services performed during the period covered by said invoice. The
invoice shall include dates of service and hourly totals for each contract rate as well as extended
totals for each project by Department of Engineering project number, fund code, and project
name as shown on the "Authorization to Begin Work".
Section 4
The award of this contract does not guarantee the expenditures of funds under
this contract unless work is actually requested by the CITY,and performed by the
SURVEYOR.
ARTICLE III
ASSIGNMENT OF CONTRACT
Neither the CITY nor the SURVEYOR shall assign, sublet or transfer any rights under or
interest in (including, but without limitation, moneys that may become due or moneys that are
due)this document without the written consent of the other, except to the extent that it is limited
by law.
ARTICLE IV
TERMINATION OF CONTRACT
Section 1
This contract shall expire at midnight(CST), one year from the date on which said
contract is approved and awarded by Council,with an option at the City's sole discretion, a one-
year renewal, subject to the parties agreeing to contract unit prices.
Section 2
The CITY may terminate this contract at any time and for any cause by a notice in
writing to the SURVEYOR. Upon receipt of such notice the SURVEYOR shall immediately
discontinue all services and work; and the placing of all 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 are changeable to this
contract.
Section 3
If the CITY terminates this contract under the forgoing Section 2, the CITY shall pay the
SURVEYOR at contract rates for services performed prior to such notice of termination of
contract.
ARTICLE V
OWNERSHIP OF DOCUMENTS
All completed or partially completed original documents prepared under this contract,
shall become the property of the CITY upon termination or upon expiration of the contract, and
may be used by the CITY in any manner it desires; provided, however,that the SURVEYOR
shall not be liable for the use of such documents for any purpose other than as described when
requested.
ARTICLE VI
INDEPENDENT CONTRACTOR
The SURVEYOR covenants and agrees that it will perform the work hereunder as an
independent contractor, and not as an officer, agent servant or employee of the CITY;that the
SURVEYOR shall have exclusive control of and the exclusive right to control the details of the
work performed hereunder, and all persons performing same, and shall be liable for the acts and
omissions of its officers, agents, employees, contractors, subcontractors and consultants, and
nothing herein shall be construed as creating a partnership or joint enterprise between the CITY
and the SURVEYOR. The doctrine of respondeat superior shall not apply as to the relationship
between the CITY and SURVEYOR. In accordance with the PROFESSIONAL LAND
SURVEYING ACT of 1991, as amended in 1995,the CITY is hereby informed that any
complaints 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 VII
INDEMNIFICATION AND INSURANCE REQUIREMENTS
Section 1
AFI 1il4! EECi) D
0TY ��NV
Approval by the CITY of this agreement or any work performed by SURVEYOR shall not
constitute or be deemed to be a release of the responsibility and liability of the SURVEYOR, its
officers, agents, employees, 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 not be deemed to be an assumption of such responsibility and
liability by the CITY for any negligent act, error or omission in the performance of SURVEYOR'S
professional services or in the conduct or preparation of the surveys, designs, working drawings,
and specifications or other surveying documents by the SURVEYOR, its officers, agent,
employees and subcontractors. In this connection, SURVEYOR shall indemnify and hold the
CITY and all of its officers, agents, servants, and employees harmless from any loss, damage,
liability or expenses, on account of damage to property and injuries, including death,to all
persons, including but not limited to officers, agents, or employees of the SURVEYOR or
subcontractors, and all persons performing any part of the work and improvements which may
arise out of 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 improvements constructed in accordance
therewith. The SURVEYOR shall defend at its own expense any suits 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
or rendered against them or any of them in connection therewith, provided and except, however,
that this indemnification provision shall not be construed as requiring the SURVEYOR to
indemnify or hold the City or any of it's officers, agents, servants, or employees 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 and information furnished SURVEYOR by
CITY, or any deviation in construction from SURVEYOR's designs, working drawings,
specifications or other engineering documents.
Without limiting the above indemnity, SURVEYOR shall provide to CITY a certificate of
insurance as proof that the SURVEYOR has obtained a policy of comprehensive general liability
coverage (occurrence basis)with carriers acceptable to CITY covering all risks relating to the
services to be performed under this contract by the SURVEYOR, its subcontractors and
consultants, such insurance to be in at least the following amounts:
Commercial General Liability$1,000,000 Per Occurrence
Employers Liability Insurance
Bodily Injury $500,000 Each Accident
$500,000 Policy Limit
$500,000 Bodily injury by disease,each employee
Workers Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease-policy limit
$100,000 disease-each employee
Business Automobile
Combination Single limits $500,000 each accident
Personal Injury $250,000 each person
Uninsured $500,000 each accident
Professional Liability Insurance
(Errors and Omissions) $1,000,000 Per claim
$2,000,000 Project aggregate
The SURVEYOR 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 the CITY. Such insurance shall be in the minimum amount of$1,000,000 and shall
include coverage of Contractual Liability. The insurance coverage prescribed herein shall be
maintained until one (1)year after City acceptance of the construction project for which the
surveying services were provided and shall not be canceled without prior written notice to the
CITY. In this connection, upon the signing and return of this agreement by the Surveyor, a
Certificate of Insurance shall be furnished to the City as evidence that the insurance coverage
required herein has been obtained by Surveyor, and such certificate shall contain the provision
that such insurance shall not be canceled or modified without thirty (30) days prior written notice
to the City.
Section 2
Additional Insurance Requirements:
a. The City, its officers, employees and servants shall be endorsed as an additional insured
on SURVEYOR's insurance policies excepting employer's liability insurance coverage under
SURVEYOR's workers'compensation insurance policy.
b. Certificates of insurance shall be delivered to the director of the Department of
Engineering, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to
commencement of under this agreement.
c. Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice
of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days
notice shall be acceptable in the event of non-payment of premium.
e. Insurers must be authorized to do business in the State of Texas and have a current
A.M. Best rating of A: VII or equivalent measure of financial strength and solvency.
f. Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
g. Other than worker's compensation insurance, in lieu of traditional insurance, City may
consider altemative coverage or risk treatment measures through insurance pools or risk
retention groups. The City must approve in writing any alternative coverage.
h. Workers' compensation insurance policy(s) covering employees employed on the project
shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the
City.
i. City shall not be responsible for the direct payment of insurance premium costs for
SURVEYOR's insurance.
7 s,:.
j. SURVEYOR's insurance policies shall each be endorsed to provide that such insurance
is primary protection and any self-funded or commercial coverage maintained by City shall
not be called upon to contribute to loss recovery.
k. In the course of the project, SURVEYOR shall report, in a timely manner, to City's
officially designated contract administrator any known loss occurrence which could give rise
to a liability claim or lawsuit or which could result in a property loss.
I. SURVEYOR's liability shall not be limited to the specified amounts of insurance required
herein.
m. Upon the request of City, SURVEYOR shall provide complete copies of all insurance
policies required by these contract documents.
ARTICLE Vlll
RIGHT TO AUDIT
The SURVEYOR agrees that the CITY shall, until the expiration of three (3)years after
the final payment under this contract, have access to and the right to examine any directly
pertinent books, documents, papers, computer media, and records of the SURVEYOR involving
transactions relating to this contract. The SURVEYOR agrees that the CITY shall have access
during normal working hours to all necessary SURVEYOR facilities and shall be provided
adequate and appropriate workspace in order to conduct audits in compliance with the provisions
of this section. The CITY shall give the SURVEYOR reasonable advance notice of the intention
to audit.
The SURVEYOR further agrees to include in all its subcontracts hereunder a provision to
effect that the subcontracting consultant agrees that the CITY shall, until the expiration of three
(3)years after the final payment under the subcontract, have access to and the right to examine
any directly pertinent books, documents, papers, computer media, and records of such
consultant involving transactions relating to the subcontract, and further that the CITY shall have
access during normal working hours to all necessary consultant facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give the consultant reasonable advance notice of the
intention to audit.
SURVEYOR and its subconsultants agree to photocopy such project-related documents
as may be requested by the City. The City agrees to reimburse SURVEYOR and it
subconsultants for the costs of copies at the rate published in the Texas Administrative Code.
ARTICLE IX
MBE/WBE GOALS
MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION:
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business enterprises in City contracts.
Surveyor acknowledges the M/WBE goal established for this contract and its commitment to
meet that goal. Any misrepresentation and/or the commission of fraud by the Surveyor may
result in the termination of this agreement and debarment from participating in City contracts for
a period of time of not less than three (3) years.
ARTICLE X
LIQUIDATED DAMAGES
Should the SURVEYOR fail to complete the work as set forth in any PROJECT
INFORMATION AND INSTRUCTION PACKET assigned to Surveyor within the time so
8
stipulated, plus any additional as may be allowed due to unforeseen circumstances, there shall
be deducted from any moneys due or which may thereafter become due it,the sum of$75.00
per calendar day, not as a penalty but as liquidated damages, and the SURVEYOR shall be
liable to the CITY for such deficiency.
QQ �..a y�
G u �(
. '��1biUUl� 11
ARTICLE XI
FIRM IDENTIFICATION
Section 1
Vehicle Identification: All vehicles used under this contract shall have a sign on each side
identifying the name of SURVEYOR.
Section 2
Employee Identification: All employees of SURVEYOR or its subconsultants shall
display an identification badge, with their picture displayed upon it, their name, and their
employers' name. Further, all employees shall carry business cards and offer them to all
members of the public that they have contact with.
Section 3
Representation: SURVEYOR and subconsultant's employees shall make every
reasonable effort to inform citizens that they are not employees of the City, but private
contractors, providing services to the City.
��r F1Id PSV0��.
ARTICLE XII
VENUE
This contract shall be construed in accordance with the laws of the State of Texas.
Venue of any suit or cause of action arising under this contract shall lie in exclusively in Tarrant
County, Texas.
IN WITNESS WHEROF, the parties he by have executed this agreement in triplicate
originals on this date the day of nlY,2 , 2004(5
Approval Recommended: City of Fort W rth
Icy l l�
A. Douglas Rademaker, P. E. Marc . Ott
Department of Engineering Assistant City Manager
kTTEST-
Marty Hendrix,6y Secretary
Paul Rossini
ATTEST: NTB Asso ' tes
By: +
Secretary President
Contract Authorization Address: 1203 Lake St.
Suite 217
� L Fort Worth, TX 76102
Date
APPROVED AS TO FORM AND LEGALITY: APPROVAL RECOMMENDED:
City Attorney
Date:
11 1 CITY SKII-Iffit,
Ff. WORTH, TEX.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/30/2004
DATE: Tuesday, November 30, 2004
LOG NAME: 30LANDSURVEY REFERENCE NO.: **C-20416
SUBJECT:
Authorize Award of Annual Requirement Contracts for Professional Land Surveying Services for
Various City Projects
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a one-year requirement
contract with each of the four selected firms of A.N.A. Consultants, LLC; JPH Land Surveying, Inc.; NTB
Associates, Inc.; and SAM, Inc. to provide land-surveying services with aggregate fees not to exceed
$250,000.00 per contract and with one one-year renewal option with renegotiated unit prices for each
contract.
DISCUSSION:
The City has historically entered into annual requirement contracts with private sector land-surveying firms
to provide services for various City projects as needed. The purpose of the periodic requirement contracts
is to supplement City staff as needed and provide flexibility and rapid response to City needs using pre-
established unit prices. Funding for the services is provided through the individual projects.
Staff solicited statements of qualifications and received responses from nine firms. A selection committee
comprised of City staff interviewed the firms and selected the firms of A.N.A. Consultants, LLC; JPH Land
Surveying, Inc.; NTB Associates, Inc. and SAM, Inc. Staff has negotiated unit prices contained in each
contract and believes the unit prices to be fair and reasonable. Staff recommends that each of the four
firms be awarded a contract for a term of 12 months or $250,000 per firm in total billings, whichever occurs
first.
A sub-consultant goal was not set on this project due to negligible opportunities to use sub-consultants.
However, two of the four firms selected are certified M/ BE firms.
These projects are located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
various capital project funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker(6157)
Additional Information Contact: A,. Douglas Rademaker(6157)
Loename: 30LANDSURVEY Page 1 of 1