HomeMy WebLinkAboutContract 33214 CITY
CONTR CT NO Y / r
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Duffy
Hamilton Thomas, LLP, or DHT (the "ENGINEER"), for a PROJECT generally described
as: Provide professional surveying services for proposed Fire Station #11 site located on
the Northwest Independent School District (NISD) Central Campus on 1800 State Highway
114.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B. The City
accepts the Boundary Survey ($3,500.00) and Topographic Survey
($3,500.00).
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER 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 ENGINEER for billinigs contested
oRiGiNAL
in good faith within 60 days of the amount due, the ENGINEER 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 ENGINEER shall have no liability to CITY for delays or
damages caused the CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional representative under this
Agreement, providing professional consultation and advice and furnishing
customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to
be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations shall
be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all surveys 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 l
desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site.....DELETED
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
the agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the
work on the PROJECT. If, for any reason, the ENGINEER should make an
on-site observation(s), on the basis of such on-site observations, if any, the
ENGINEER shall endeavor to keep the CITY informed of any deviation from
the Contract Documents coming to the actual notice of ENGINEER regarding
the PROJECT.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and
Schedules.....DELETED
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no control
over cost or price of labor and materials; unknown or latent conditions of
existing equipment or structures that may affect operation or maintenance
costs; competitive bidding procedures and market conditions; time or quality
of performance by third parties; quality, type, management, or direction of
operating personnel; and other economic and operational factors that may
materially affect the ultimate PROJECT cost or schedule. Therefore, the
ENGINEER makes no warranty that the CITY's actual PROJECT costs,
financial aspects, economic feasibility, or schedules will not vary from the
ENGINEER's opinions, analyses, projections, or estimates.
G. Construction Progress Payments.....DELETED
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the ENGINEER's
knowledge, information, and belief from selective sampling and observation that the
work has progressed to the point indicated. Such recommendations do not
represent that continuous or detailed examinations have been made by the
ENGINEER to ascertain that the construction contractor has completed the work in
exact accordance with the Contract Documents; that the final work will be
acceptable in all respects; that the ENGINEER has made an examination to
ascertain how or for what purpose the construction contractor has used the moneys
paid; that title to any of the work, materials, or equipment has passed to the CITY
free and clear of liens, claims, security interests, or encumbrances; or that there are
not other matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings.....DELETED
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 ENGINEER is not responsible for any errors or omissions in the
information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE)
Participation.....DELETED
In accord with City of Fort Worth Ordinance No. 133500, the City has goals for the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges the M/WBE goal established for this
contract and its commitment to meet that goal. Any misrepresentation of facts (other
than a negligent misrepresentation) and/or the commission of fraud by the Engineer
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.
J. Right to Audit
(1) ENGINEER 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 ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER 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 ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER 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) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting policies
of the following coverage at minimum limits that are to be in effect 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
$1,000,000 each claim
$2,000,000 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. Under no
circumstances shall a "claims-made and reported policy or provision" be
acceptable to the City.
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
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.
(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 ENGINEER's insurance policies. Notice shall be
J k
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 ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the ENGINEER 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.
Q) 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.
(1) Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER 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 ENGINEER 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.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER 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 ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes.....DELETED
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the ENGINEER
should have been aware of at the time this Agreement was executed, the
ENGINEER shall revise plans and specifications, as required, at its own cost and
expense. However, if design changes are required due to the changes in the
permitting authorities' published design criteria and/or practice standards criteria
which are published after the date of this Agreement which the ENGINEER could
not have been reasonably aware of, the ENGINEER shall notify the CITY of such
changes and an adjustment in compensation will be made through an amendment
to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
i
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local, state,
or federal authorities; and land, easements, rights-of-way, and access necessary for
the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER'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 ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or timing of
the ENGINEER's services or of any defect in the work of the ENGINEER or
construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is a
result of ENGINEER's negligence or if ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims.....DELETED
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for contractor's
negligence.
H. Contractor Claims and Third-Party Beneficiaries.....DELETED
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary of
any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time required
for performance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER 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
ENGINEER, 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 ENGINEER will be
at the CITY's sole risk. The final designs, drawings, specifications and documents
shall be owned by the CITY.
C. Force Majeure
The ENGINEER 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
ENGINEER.
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 ENGINEER 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
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'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 ENGINEER'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 ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S 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 ENGINEER 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
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will
be made.
F. Indemnification
(1) The ENGINEER 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 ENGINEER, its employees, officers, and subcontractors in connection
with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER 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
ENGINEER 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 ENGINEER, 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
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
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
ENGINEER 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. ENGINEER 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.
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 (DHT letters dated December 29, 2005)
Attachment B - Compensation (DHT letters dated December 29, 2005)
Attachment C—Amendments (Delete above paragraphs Article IV: E, F, G, H, I, and O;
Article V: G and H')
Executed this the Jdly of 2006.
Duffy Hamilton Thomas, LLP APPR D:
By: By:
Mickey Thomas, P e
Principal Assistant City Manager
APPROVAL RECOMMENDEV RECORDED
By: q o 7�� l�k) By: moi%
Robe a Ma Hendrix
Director, Transportation and Public Works City Secretary
APPROVED AS TO FO N�DGALITY:
By: " r: e'- Date: 1
Ahly" liamsiy
Assistant,tity Attorney
NO M&C REQUIRED
DUFFY
HAMILTON
THOMAS, LLP.
Engineers-Planners
DHT No. 2005012-50
December 29, 2005
40
Mr. Dalton K. ayama,AIA VIA FAX& MAIL
Architectur ervices manager (817) 392-8488
City of Fort Worth Transportation and Public Works Department
319 West 10"'Street
Fort Worth, Texas 76102
Reference: New Fire Station Boundary and Access Easements
Northwest I.S.D. Central Campus - Fort Worth, Texas
Dear: Mr. Murayama,
Thank you for contacting with us to discuss your project. Every project and client we serve is
unique. Duffy Hamilton Thomas, LLP. (DHT) is pleased to present this proposal for professional
surveying services on the above referenced project.We understand our scope of services for this
project will include:
I. SURVEY
A. Boundary Survey
DHT's surveyors will prepare a boundary survey and perform the necessary field
work of sufficient detail to define the actual limits of the property that will allow you to
prepare both the engineering plans and FINAL Plat if necessary. DHT's surveyors
will set final lease line pins in accordance with the City of Fort Worth requirements. A
Final Plat has not been included in this proposal, but if necessary, can be completed
under separate proposal.
B. Topographic Survey
At the client's request, DHT's surveyors will prepare a topographic survey sufficient
to prepare the site design plans. The topographic survey will include exposed site
features such as fences and power poles. DHT will represent the approximate
locations for all known underground utilities to the best of our knowledge, information
and belief. However, DHT is not responsible for knowing of the existence and exact
location of all underground utilities.
C. Access Easement Descriptions and Exhibits
DHT will prepare an access easement(s) with exhibits for the routes as shown on
Exhibit "A" and as selected by the client. We have provided costs associated for
each route below in the fee.
601 W.Harwood Road
Hurst,Texas 76054-3161
Tel:817.423.1142•Fax:817.423-1147
• Proposal for Professional Surveying Services
New Fire Station Boundary and Access Easements
Northwest I.S.D. Central Campus- Fort Worth, Texas
December 28,2005
Page 2
II. WORK NOT INCLUDED/ASSUMPTIONS
Any work not specifically included in the contract above is excluded from the contract. The
following is a list of some of the items not included in the scope. These are meant to further
clarify our agreement.Any changes to the Scope of work or other unforeseen changes to the civil
drawings after the design is substantially complete are not included
• ALTA surveys-These will be handled by a separate contract when required.
■ Platting—If this is required it will be done as additional services.
• Contract administration.
■ Civil Engineering
■ Site observation or construction inspection.
■ Construction staking.
■ FEMA Floodplain Amendments.
■ Final (Post Construction)Topographic Maps.
• Retaining Wall Structural Design or Permitting.
■ Design of Franchise Utilities (gas, electric, telephone) — We will coordinate with these
companies to show their design on our plans.
• Off-site Design —There are no off-site or"Public" improvements expected off this site as
part of this project. Therefore, any off-site utilities, drainage, or road improvements would
be considered additional services.
■ Zoning — It is assumed that the site is zoned and appropriate for this use and that no
rezoning will be required. If required, DHT can make these submittals and represent the
client at an additional agreed upon fee.
• Flood Plain or Wetlands studies.
■ Detention Pond design and/or calculations No detention is anticipated for this project,
however if downstream systems are undersized the City could request some analysis.
• Traffic Impact analysis: For a project of this type it is expected that the reviewing
agencies will require a traffic impact analysis. If required for the subject property, DHT
can recommend or will sub-contract this work at the owners request.
■ Environmental Assessment
■ Soil Investigation/Laboratory Testing: DHT would recommend to the Owner that an
independent laboratory be retained for use in any testing and recommendations required
during the design phase, and for any site excavation and embankment that might be
required for this project. Payment for these services should be paid directly by the Owner
to the laboratory and should not be handled by DHT.
DHT proposes to perform the anticipated design work for a lump sum fee of $9,800.00. This
contract is valid for 90 Days from the date sent. The Lump sum fee shown does not include
Reimbursable expenses which will be billed as outlined on the accompanying Basis of
Compensation & Standard Agreement as an additional item. Reimbursable expenses consist of
printing, reproduction, filing fees required by/to the County, delivery charges, mileage and CAD
Vii'
• Proposal for Professional Surveying Services
New Fire Station Boundary and Access Easements
Northwest I.S.D. Central Campus - Fort Worth, Texas
December 28,2005
Page 3
plotting time. Monthly statements for all work will be submitted to you and are due upon receipt.
The fees are as follows:
1. Topographic Survey...................................................................$ 3,500.00
2. Boundary Survey Final Plat& Final Lot Pins.............................. 3,500.00
3. Access Easements
a. Route 1......... ............ . . ......... ......... - - .....$ 700.00
b. Route 2 ........... ..................... ......... $ 700.00
c. Route 3 ._.... •-•--• .. ............ $ 700.00
d. Route 4...._.. - ........ = ..... .......... . ............... .. $ 700.00
Additional services, other than those outlined herein, will be accomplished on a Labor x 2.7
multiplier or lump sum, whichever is deemed to be most appropriate. Items identified as
additional services will be authorized either verbally or in writing by the Owner. As a matter of
convenience, we will also identify the job number which will bear the expense of additional
services so all accounting can be appropriately identified. We consider design changes required
by others than DHT after plans are significantly complete to be additional services. Alterations
and modifications required as a normal course of review are considered part of this agreement.
If this proposal meets with your approval, please indicate by signing in the space provided and
return one copy for our files. Please feel free to call if you have any questions concerning any of
the scope of services or associated fees presented herein and we will do our best to clarify any
part of the proposal that may be unclear.
Respectfully submitted, Approved&Accepted:
DUFFY HAMILTON THOMAS, LLP. City of Fort Worth
Architectural Services Manager
Transportation & Public Works Department
By:
Mickey Thomas .E.
Principal Name: Dalton K. Murayama,AIA
Title:
Date:
MAT/mat
200501250 Proposal_DMurayama_05-1229 mat.doc
PAN iiiOf
..,,� '�" ' „moi►;, S :
f
ILI� tit` ,J J. �- �. • 'zti � `i.�
�II
,..: � ,irate---�-...:.r•
t
t:
/ w
M
t
BASIS OF COMPENSATION
STANDARD AGREEMENT
Page 1 of 2
Engineering and Planning Services
I. Lump sum/fixed fee contract. The basis of compensation for responsibilities including, but not limited to, construction means,
additional services not included in the fixed fee contract by Duffy methods, sequence, techniques or procedures necessary for
Hamilton Thomas, LLP.'s staff on a labor times multiplier will be the performing, superintending or coordinating all portions of the Work of
"Labor Cost"of each employee so engaged times a multiplier of 2_7. construction in accordance with the contract documents and any
"Labor Cost" is defined as the cost of salaries (total hours worked health or safety precautions required by any regulatory agencies.
times the employee's rate of pay on an hourly basis)of the Hamilton Duffy Hamilton Thomas, LLP. and his or her personnel have no
Thomas, LLP. employees for time directly chargeable to the project, authority to exercise any control over any construction contractor or
plus other direct social costs (currently 32%) for social security other entity or their employees in connection with their work or any
contributions, excise and payroll taxes, unemployment compensation health or safety precautions. The Client agrees that the General
insurance, medical and insurance benefits, sick leave, vacation and Contractor is solely responsible for jobsite safety, and warrants that
holiday pay applicable thereto. this intent shall be made evident in the Client's agreement with the
General Contractor. The Client also agrees that the Client, Duffy
II. Limitation of Liability—To the fullest extent permitted by law, and Hamilton Thomas, LLP. and their Subconsultants shall be
notwithstanding any other provision of this Agreement, the total indemnified and shall be made additional insureds under the
liability in the aggregate of Duffy Hamilton Thomas, LLP. and Duffy General Contractor's general liability insurance policy.
Hamilton Thomas, LLP's officers, directors, partners, employees,
agents and Duffy Hamilton Thomas, LLP's Subconsultants, and any VII. Cancellation. It is understood that this agreement may be canceled
of them,to Client and anyone claiming by,through or under Client,for at any time by the Client and payment shall be due based on the
any and all claims, losses, costs,or damages whatsoever arising out method of computation in Section I only on Work performed or
of, resulting from, or in any way related to the Project or the expenses incurred to date of cancellation.
Agreement from any cause or causes, including but not limited to
the negligence, professional errors or omissions, strict liability or VIII. Payments and Interest. Client recognizes that prompt payment of
breach of contract, or warranty express or implied of Duffy Hamilton Duffy Hamilton Thomas, LLP.'s invoices is an essential aspect of the
Thomas, LLP. or Duffy Hamilton Thomas, LLP. officers, directors, overall consideration Duffy Hamilton Thomas, LLP. requires for
partners, employees, agents or Duffy Hamilton Thomas, LLP.'s providing service to Client. Client agrees to pay all charges not in
Subconsultants or any of them, shall not exceed the total dispute within 30 days of date of invoice. A statement of charges for
compensation received by Duffy Hamilton Thomas, LLP. under this services will be submitted by the 25th of each month. All accounts
Agreement. past due 60 days from date of invoice shall pay interest at the rate of
18% (1.5% per month), or maximum allowable by law, whichever is
III. No Consequential Damages. Notwithstanding any other provision of lower,of the past due amount per month.
the Agreement, neither party shall be liable to the other for any
consequential damages incurred due to the fault of the other party, IX. Cessation of Services. If Client for any reason fails to pay the
regardless of the nature of this fault or whether it was committed by undisputed portion of Duffy Hamilton Thomas, LLP.'s invoices within
the Client or Duffy Hamilton Thomas, LLP., their employees, agents, 30 days of invoice date, Duffy Hamilton Thomas, LLP. has the right to
or subconsultants. Consequential damages include, but are not cease work on the project and Client shall waive any claim against
limited to, loss of use and loss of profit. Duffy Hamilton Thomas, LLP. for cessation of services, and shall
defend and indemnify Duffy Hamilton Thomas, LLP. from and
IV. No Duties to Third Parties. The services to be performed by Duffy against any claims for injury or loss stemming from Duffy Hamilton
Hamilton Thomas, LLP. under this Agreement are intended solely for Thomas, LLP.'s cessation of service. Client shall also pay Duffy
the benefit of the Client. Nothing contained herein shall confer any Hamilton Thomas, LLP. the cost associated with premature project
rights upon or create any duties on the part of Duffy Hamilton demobilization. In the event the project is remobilized, Client shall
Thomas, LLP. toward any person or persons not a party to this also pay the cost of remobilization, and shall renegotiate appropriate
Agreement including, but not limited to any contractor, subcontractor, contract terms and conditions, such as those associated with budget,
supplier, or the agents, officers, employees, insurers, or sureties of schedule or scope of service.
any of them.
X. Certifications:Guarantees and Warranties: Duffy Hamilton Thomas,
V. Claims Limited to Insurance Coverage. The Client and Duffy LLP.shall not be required to execute any document that would result
Hamilton Thomas, LLP.waive all rights for damages,each against the in its certifying,guaranteeing or warranting the existence of conditions
other and against the contractors, subconsultants, agents, and whose existence Duffy Hamilton Thomas,LLP.can not ascertain.
employees of the other, but only to the extent covered by property
insurance during or after construction,except such rights as they may
have to the proceeds of such insurance. The Client and Duffy
Hamilton Thomas, LLP. each shall require similar waivers from their
contractors,subconsultants, and agents.
VI. General Contractor Duties and Responsibilities. Neither the
professional activities of Duffy Hamilton Thomas, LLP., nor the
presence of Duffy Hamilton Thomas, LLP. or his or her employees
and subconsultants at a construction site, shall relieve the General
Contractor and any other entity of their obligations, duties and
Initial DHT: Client:
Dater Date:
2005012-50_BOC.LS_DMurayama_05-1229_mat.doc
BASIS OF COMPENSATION
STANDARD AGREEMENT
Page 2 of 2
XI. Legal Action. In the event legal action is necessary to enforce the LLP, shall retain all common law, statutory and other reserved
payment terms of this Agreement, Duffy Hamilton Thomas, LLP. shall rights,including the copyright,where applicable.
be entitled to collect from the Client any judgment or settlement sums
due, plus reasonable attorney's fees, court costs and other expenses B. Entire Agreement. This agreement is the entire agreement
incurred by Duffy Hamilton Thomas, LLP. in connection therewith and, between the parties with respect to the subject matter of this
in addition,the reasonable value of Duffy Hamilton Thomas, LLP.time agreement and shall be binding upon and inure to the benefit of
and expenses spent in connection with such collection action, the parties hereto and their respective legal representatives,
computed according to Duffy Hamilton Thomas, LLP. prevailing fee heirs,successors and assigns.
schedule and expense policies. Dispute Resolution and C. Counterparts. This agreement shall be executed with one or
Termination. In the event any bill or portion thereof is disputed by more separate counterparts, each of which, when so executed,
Client,Client shall notify Duffy Hamilton Thomas, LLP.within 10 days shall,together,constitute and be one in the same instrument.
of receipt of the bill in question, and Client and Duffy Hamilton
Thomas,LLP. shall work together to resolve the matter within 60 days D. Governing Law and Venue. This agreement shall be governed
of its being called to Duffy Hamilton Thomas, LLP. attention. If by, and construed in accordance with the substantive laws of the
resolution of the matter is not attained within 60 days, either party State of Texas and the parties hereto agree and consent that
may terminate this Agreement in accordance with conditions indicated venue for all purposes shall be in Tarrant County,Texas.
in the termination of agreement clause specified in section VII.
E. Project Information: The Client shall furnish, at the Client's
XII. Mediation. In an effort to resolve any conflicts that arise during the expense, all information, requirements, reports, data, surveys
design and construction of the Project or following the completion of and instructions required by this Agreement.The Consultant may
the Project,the Client and Duffy Hamilton Thomas, LLP. agree that all use such information, requirements, reports, data, surveys and
disputes between them arising out of or relating to this Agreement or instructions in performing its services and is entitled to rely upon
the Project shall be submitted to nonbinding mediation unless the the accuracy and completeness thereof.
parties mutually agree otherwise. E. Hazardous Materials: As used in this Agreement, the term
The Client and Duffy Hamilton Thomas, LLP.further agree to include hazardous materials shall mean any substances, including but
a similar mediation provision in all agreements with independent not limited to asbestos, toxic or hazardous waste, PCB's,
contractors and subconsultants retained for the Project and to require combustible gases and materials, petroleum or radioactive
all independent contractors and subconsultants also to include a materials (as each of these is defined in applicable federal
similar mediation provision in all agreements with their statutes) or any other substances under any conditions and in
subcontractors, subconsultants, suppliers and fabricators, thereby such quantities as would pose a substantial danger to personal
providing for mediation as the primary method for dispute resolution or property exposed to such substances at or near the Project
between the parties to all those agreements. site. Both parties acknowledge that the consultant's scope of
services does not include any services related to the presence of
XIII. Other charges which may apply to the Client's project include: any hazardous or toxic materials. In the event the Consultant or
A. Printing and reproduction shall be billed at standard commercial any other party encounters any hazardous or toxic materials, or
rates. should it become known to the Consultant that such materials
may be present on or about the jobsite or any adjacent areas
B. All direct non-labor expense, including bid advertising, etc., and that may affect the performance of the Consultant's services,the
travel and subsistence for the principals and staff when outside Consultant may, at its option and without liability for
of Tarrant and Dallas counties as required for the proper consequential or any other damages,suspend performance of its
execution of the work, are charged at actual invoice cost. Filing services under this Agreement until the Client retains appropriate
fees paid by Duffy Hamilton Thomas, LLP. will be charged at consultants or contractors to identify and abate or remove the
cost plus 10%. Travel by passenger vehicles shall be at a rate hazardous or toxic materials and warrants that the jobsite is in
commensurate with IRS regulations. full compliance with all applicable laws and regulations.
C. Services not offered as a part of Duffy Hamilton Thomas, LLP. The Client agrees, notwithstanding any other provision of this
normal services such as special consultants and surveyors, the agreement, to the fullest extent permitted by law, to indemnify
Client may, at his option, contract directly with the third party for and hold harmless the Consultant, its officers, partners,
such services or through Duffy Hamilton Thomas, LLP. If such employees and consultants (collectively, Consultant) from and
contracts are made through Duffy Hamilton Thomas, LLP. a against any and all claims, suits, demands, liabilities, loses,
service charge of 10% will be added to the net amount of such damages or costs, including reasonable attorneys' fees and
contracts.XV defense costs arising out of or in any way connected with the
detection, presence, handling, removal, abatement, or disposal
XVI. Miscellaneous: of any asbestos or hazardous or toxic substances, products or
A. Intellectual Property. The drawings,specifications and any other materials that exist on, about or adjacent to the Project site,
work products (including but not limited to software programs whether liability arises under breach of contract or warranty,tort,
and electronic media of any description) prepared by Duffy including negligence, strict liability or statutory liability or any
Hamilton Thomas, LLP.for this project shall remain the property other cause of action, except for the sole negligence or willful
of Duffy Hamilton Thomas, LLP. and Duffy Hamilton Thomas, misconduct of the Consultant.
Initial DHT: Client:-
Date:
ent-
Dater2005012-50_B0C.LS_DMurayama_05-1229_mat.doc
ACORD CERTIFICATE OF LIABILITY INSURANCEDATE
01/18/2006
PRODUCER McLaughlin Brunson Insurance Agency THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
9535 Forest Lane HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 118 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dallas TX 75243 INSURERS AFFORDING COVERAGE
INSURED Duffy Hamilton Thomas,LLP INSURER A: St.Paul Fire&Marine Insurance Company
601 Harwood Road INSURER B:United States Fidelity and Guaranty Co. St.Paul
Hurst TX 76054 INSURER C:St.Paul Fire and Marine Ins.Company
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
I TRGENERAL LIABILITY BK02170240 11/15/2005 11/15/2006 EACH OCCURRENCE $ 1,000,000
Ito,MMERCIAL GENERAL LIABILITY FIRE DAMAGE An one fire $ 1,000,000
CLAIMS MADE FX]OCCUR MED EXP(Any oneperson) $ 10,000
PERSONAL&ADV INJURY $ 1,000,000
GENERALAGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 2,000,000
POLICY X PRO- LOC
B AUTOMOBILE LIABILITY BK02170240 11/15/2005 11/15/2006 COMBINED SINGLE LIMIT $ 1,000,000
ANY AUTO
(Ea acciderd)
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIREDAUTOS BODILY INJURY
X NON-0WNEDAUTOS
(Per accident) $
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
B EXCESS LIABILITY BK02170240 11/15/2005 11/15/2006 EACH OCCURRENCE $ 1,000,0DO
X OCCUR r-1 CLAIMS MADE AGGREGATE 1,000 000
$
DEDUCTIBLE $
RETENTION $ $
C WORKERS COMPENSATION AND WVA7411712 11/15/2005 11/15/2006 X OR IIMIJ oR
EMPLOYERS'LIABILITY
E.L.EACH ACCIDENT $ 1,000,000
E.L.DISEASE-EA EMPLOYEE $ 1,000,000
E.L.DISEASE-POLICY LIMIT $ 1,000,000
A OTHERProfessional QP03809150 09/04/2005 09/04/2007 $ 1,000,000 Per Claim/Annl Aggrgt
Liability
DESCRIPTION OF OPERATIONS/LOCATIONSA/EHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: New Fire Station Boundary and Access Easements-Northwest ISD,Fort Worth,Texas - The claims made professional
liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible.
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: _ CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Fort Worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
Attn: Dalton K.Murarnyama NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
319 W.Tenth Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
Fort Worth TX 76102-4616 AUTHORIZED REPRESENTATIVE
ACORD 25-S(7/97) -AeORO00dkAYION 1988