HomeMy WebLinkAboutContract 32074 CITY SECRETARY
CITY OF FORT WORTH, TEXAS{PRIVATRNTP� �� NO
STANDARD AGREEMENT FOR SURVEYING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Baird,
Hampton & Brown, Inc. (the "SURVEYOR"), for a PROJECT generally described as:
Missouri Avenue Replatting.
Article I
Scope of Services and Compensation
A. The SURVEYOR'S Scope of Services and Compensation are set forth in
Attachment "A", Baird, Hampton and Brown, Inc. letter dated May 31, 2005,
revised Jul 05, 2005.
Article II
Terms of Payment
Payments to the SURVEYOR will be made as follows:
A. Invoice and Payment
(1) The SURVEYOR shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The SURVEYOR will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to SURVEYOR for billings contested
in good faith within 60 days of the amount due, the SURVEYOR may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In the event of suspension
of services, the SURVEYOR shall have no liability to CITY for delays or
damages caused the CITY because of such suspension of services.
SST�AQNDQARD ENGINEERING AGREEMENT(REV 4/14/05) �`��� C7Sp�►l6TYGky,
Article III
Obligations of the SURVEYOR
A. General
The SURVEYOR will serve as the CITY's professional surveying
representative under this Agreement, providing professional surveying
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the SURVEYOR's services will be the
degree of skill and diligence normally employed in the State of Texas by
professional surveyors or consultants performing the same or similar services
at the time such services are performed.
C. Subsurface Investigations
N/A
D. Preparation of Surveying Drawings
The SURVEYOR will provide to the CITY the original drawings of all plans in
ink on reproducible plastic film sheets, or as otherwise approved by CITY,
which shall become the property of the CITY. CITY may use such drawings in
any manner it desires; provided, however, that the SURVEYOR shall not be
liable for the use of such drawings for any project other than the PROJECT
described herein.
STANDARD SURVEYORING AGREEMENT(REV 4/14/05)
Page 2 of 12
E. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The SURVEYOR is not responsible for
any errors or omissions in the information from others that is incorporated into
the record drawings.
F. Right to Audit
(1) SURVEYOR agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the SURVEYOR involving transactions relating to this contract.
SURVEYOR agrees that the CITY shall have access during normal working
hours to all necessary SURVEYOR 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 SURVEYOR reasonable
advance notice of intended audits.
(2) SURVEYOR further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subcon-sultant reasonable advance
notice of intended audits.
(3) SURVEYOR and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse SURVEYOR for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
G. SURVEYOR's Insurance
(1) Insurance coverage and limits:
SURVEYOR shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect
STANDARD SURVEYORING AGREEMENT(REV 4/14/05)
Page 3 of 12
prior to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined
as autos owned, hired and non-owned when said vehicle is used in the
course of the PROJECT.
Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$100,000 each claim
$200,000 aggregate
Professional liability shall be written on a claims-made basis and shall
contain a retroactive date prior to the date of the contract or the first date of
services to be performed, whichever is earlier. Coverage shall be maintained
for a period of 5 years following the completion of the contract. An annual
certificate of insurance specifically referencing this project shall be submitted
to the City for each year following completion of the contract.
(2) Certificates of insurance evidencing that the SURVEYOR has obtained all
required insurance shall be delivered to the CITY prior to SURVEYOR
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects -the
contracted services.
STANDARD SURVEYORING AGREEMENT(REV 4/14/05)
Page 4 of 12
(b) Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
(d) A minimum of forty-five (45) days notice of cancellation or material change
in coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto SURVEYOR's insurance policies. Notice shall be sent to
the respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A: VII in the current A.M. Best Key
Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
(f) Deductible limits, or self insured retentions, affecting insurance required
herein shall be acceptable to the CITY in its sole discretion; and, in lieu of
traditional insurance, any alternative coverage maintained through
insurance pools or risk retention groups must be also approved.
Dedicated financial resources or letters of credit may also be acceptable
to the City.
(g) Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring expense,
to review the SURVEYOR's insurance policies including endorsements
thereto and, at the CITY's discretion, the SURVEYOR may be required to
provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such exclusions.
(j) For all lines of coverage underwritten on a claims-made basis, other than
Professional Liability, the retroactive date shall be coincident with or prior
to 'the date of -the contractual agreement. The certificate of insurance
shall state both the retroactive date and that the coverage is claims-
made.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance
required in this section, with the exception of Professional Liability, shall
be written on an occurrence basis.
STANDARD SURVEYORING AGREEMENT(REV 4/14/05)
Page 5 of 12
(1) Sub consultants and subcontractors to/of the SURVEYOR shall be
required by the SURVEYOR to maintain the same or reasonably
equivalent insurance coverage as required for the SURVEYOR. When
sub consultants/subcontractors maintain insurance coverage,
SURVEYOR shall provide CITY with documentation thereof on a
certificate of insurance.
H. Independent Consultant
The SURVEYOR agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
I. Disclosure
The SURVEYOR acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The SURVEYOR further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
J. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the SURVEYOR will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the SURVEYOR
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
K. Permitting Authorities - Design Changes
N/A
Article V
Obligations of the City
A. City-Furnished Data
SURVEYOR may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
STANDARD SURVEYORING AGREEMENT(REV 4/14/05)
Page 6 of 12
B. Access to Facilities and Property
The CITY will make its facilities accessible to the SURVEYOR as required for
the SURVEYOR's performance of its services and will provide labor and safety
equipment as required by the SURVEYOR for such access. The CITY will
perform, at no cost to the SURVEYOR, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be required in
connection with the SURVEYOR's services. The CITY will be responsible for
all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
N/A
D. Timely Review
The CITY will examine the SURVEYOR's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule in Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the SURVEYOR whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the SURVEYOR's services or of any defect in the work of the
SURVEYOR or construction contractors.
F. Asbestos or Hazardous Substances Release
(1) N/A
G. Litigation Assistance
N/A
H. Changes
N/A
Article VI
General Legal Provisions
STANDARD SURVEYORING AGREEMENT(REV 4/14/05)
Page 7 of 12
A. Authorization to Proceed
SURVEYOR shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the SURVEYOR, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the SURVEYOR will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The SURVEYOR is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the SURVEYOR.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the SURVEYOR for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
SURVEYOR will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of SURVEYOR'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
C.) The time requirements for the SURVEYOR'S personnel to document
the work underway at the time the CITY'S termination for convenience
so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the SURVEYOR will submit to
the CITY an itemized statement of all termination expenses. The CITY'S
STANDARD SURVEYORING AGREEMENT(REV 4/14/05)
Page 8 of 12
approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the SURVEYOR for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the SURVEYOR's personnel and subcontractors, and
SURVEYOR's compensation will be made.
F. Indemnification
(1) The SURVEYOR agrees to indemnify and defend the CITY from any
loss, cost, or expense claimed by third parties for property damage and
bodily injury, including death, caused solely by the negligence or willful
misconduct of the SURVEYOR, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the SURVEYOR and the
CITY (or a person identified above for whom each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared
between the SURVEYOR and the CITY in proportion to their relative
degrees of negligence or willful misconduct as determined pursuant to
T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the SURVEYOR, and their
officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
STANDARD SURVEYORING AGREEMENT(REV 4/14/05)
Page 9 of 12
(1) All claims, disputes, and other matters in question between the CITY and
SURVEYOR arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or SURVEYOR
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely to
be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
$50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by Sections
10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award shall
become final ninety (90) days from the date same is issued. If litigation is filed
by either party within said ninety (90) day period, the award shall become null
and void and shall not be used by either party for any purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J.
shall survive termination of this AGREEMENT for any cause.
L. Observe and Comply
SURVEYOR shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. SURVEYOR agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
STANDARD SURVEYORING AGREEMENT(REV 4/14/05)
Page 10 of 12
Article vii
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments and
schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services and Compensation (BHB Itr dated May 31, 2005
and revised on June 10, 2005.
Executed this the.���day of :v6t-- , 2005.
ATTEST: ITY OF FO ORTH
l By
t�7a Hendrix Marc A.ecreta Assistant City Manager
NO M&C REQUIRED
contract huthorisati.oi APPROVAL RECOMMENDED
��
nate ~� Robert D. Goode, P.E.
Director, Transportation and Public Works
AP VED AT RM AND LEGALI
P
3ssist# ity Attorney
Baird, Hampton & Brown, Inc
ATTEST: Surveyor
By:
hn W. Baird, Jr.
President
STANDARD SURVEYORING AGREEMENT(REV 4114105)
Page 11 of 12
D � �
Baird, Hampton & Brown, Inc. a 0 l� Engineering & Surveying
May 31, 2005
Rev 6/10/05
Rev 7/5/05
Greg Simmons
Department of Transportation & Public Works
City of Fort Worth
319 W. 10"St.
Fort Worth,Texas 76102
Re: Re-Platting
3 Areas-Missouri Ave
Fort Worth,Texas
Dear Mr. Simmons;
Baird, Hampton & Brown, Inc. (BHB) is pleased to provide this agreement for surveying services for the
referenced site. It is our understanding that the sites are as follows: Area 1 — The block located at the
southeast corner of Missouri Ave & Pulaski St.; Area 2 - Lots 13-16 & 25-28 located at the northwest corner
of Missouri Ave&Pulaski St.; and Area 3 —Lots 1-16 at the southwest corner of Missouri Ave &Terrell St.
To be provided will be those field and office services to create as many as three (3) separate Re-Plats of these
parcels into Additions to the City of Fort Worth,Texas.
Per our discussions BHB proposes a Not to Exceed Budget for this project of$5,850.00. Billings for this
project will be on a unit price basis as follows: Replat will be billed at$1,500 each, and abandonment or
easement documents will be provided at$450.00 per parcel. Fees for City review/application, tax certificates
and recordation fees with Tarrant County are not part of these budgets and shall be paid by the City of Fort
Worth if required. BHB proposes to have drawings ready for submittal to the City to begin the review and
comment process within ten(10) days of authorization. Billing for this project will be monthly on a
"percentage complete". Additionally, this agreement shall be subject to the terms set forth by the attached
"Compensation and Liability" form, which shall be a part hereto. The term "Client" as used in this form
shall refer to City of Fort Worth,Texas. Services not specifically set forth above, would be considered
"extra services" items and would be provided as authorized, in accordance with our standard terms and
billing rates.
To indicate your acceptance of this scope and terms, and to authorize us to proceed with this project, please
sign and return one copy of this letter for our files.
Sincerely, Accepted this the day of , 2005.
Baird,Hampton &Brown,Inc. City of Fort Worth, Texas
Paul Hubert, RPLS By:
Signature
Printed Name &Title
CC: Paul Dennehy
Attachment:C&L
6300 Ridglea Place,Suite 700 Fort Worth,Texas 76116 Tel:817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com
a Baird, Hampton & Brown, Inc. Q0L��3
Engineering & Surveying
COMPENSATION AND LIABILITY
Surveying Services by Baird, Hampton & Brown, Inc.
For Baird, Hampton & Brown, Inc. survey services, the following schedule of rates applies for a standard 8—
hour work day.
RPLS $ 110.00 per hour
Project Surveyor $ 85.00 per hour
Technician $ 75.00 per hour
1-man crew $ 70.00 per hour
2-man crew $ 100.00 per hour
3-man crew $ 125.00 per hour
Robotic Total Station $ 25.00 per hour*
GPS RTK System $ 40.00 per hour**
Computer $ 15.00 per hour
Expenses will be billed at cost plus ten (10) percent.
Baird, Hampton & Brown, Inc. reserves the right to determine the crew size and equipment usage for each
project, allowing us to utilize our experience to maximize project efficiency and production.
The standard workday includes travel time to and from Baird, Hampton & Brown, Inc.'s office. Variation in
work time, to include weekends, holidays or overtime must be agreed to in writing before working. A
minimum of four (4) hours of crew time will be billed for each scheduled site visit. We require two (2)working
days notice when scheduling crew activities.
Services provided under this agreement will be preformed in a manner consistent with that level of care and
skill ordinarily exercised by members of this profession currently practicing in the same locality under similar
conditions. No other representation, expressed or implied and no warranty or guarantee is included or
intended. In order to provide a fee which includes a lesser allowance for risk funding, the liability arising from
professional acts, errors, or omissions, will be limited such that the total aggregate liability will not exceed
$100,000 or the total proposed fee for the services rendered on this project, whichever is greater.
Payment to Baird, Hampton & Brown, Inc. for authorized services will be due upon receipt of monthly
invoices for such services. If Client fails to pay the full amount due as specified by any such invoice within
thirty (30) days, the Client shall pay to Baird, Hampton & Brown, Inc., interest of twelve percent per annum
from the date of the invoice, in addition to the original sum until such invoice is fully paid.
Any complaints regarding the surveying services under this agreement, which Baird, Hampton & Brown, Inc.
does not satisfy, may be addressed to the Texas Board of Professional Land Surveyors, 7701 N. Lamar,
Suite 400, Austin, TX. 78752; phone (512)452-9427.
Rates are subject to revision in January of each year.
* & **These rates are billed in addition to the appropriate crew rate for each hour of the appropriate
equipment usage.
6300 Ridglea Place, Suite 700 Fort Worth,Texas 76116 Tel:817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com