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CITY OF FORT WORTH, TEXAS -
STANDARD AGREEMENT FOR CONSULTANT SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and
Gorrondona & Associates, Inc. (the "CONSULTANT"), for a PROJECT generally
described as: Professional Land Surveying Services along Dirks Road from Bryant Irvin
Road to Granbury Road.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The CONSULTANT's compensation is set forth in Attachment B.
Article III
ierms of Payment
Payments to the CONSULTANT will be made as follows:
A. Invoice and Payment
(1) The CONSULTANT shall provide the CITY sufficient documentation to
reasonably substantiate the invoices.
(2) The CONSULTANT 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 CONSULTANT for billings
contested in good faith within 60 days of the amount due, the
CONSULTANT may, after giving 7 days' written notice to CITY, suspend
services under this AGREEMENT until paid in full, including interest. In the
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event of suspension of services, the CONSULTANT shall have no liability to
CITY for delays or damages caused the CITY because of such suspension
of services.
Article IV
Obligations of the CONSULTANT
Amendments to Article IV, if any, are included in Attachment C.
A. General
The CONSULTANT will serve as the CITY's professional surveying representative
under this Agreement, providing professional land surveying consultation and
advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the CONSULTANT's services will be the degree
of skill and diligence normally employed in the State of Texas by professional land
surveyors performing the same or similar services at the time such services are
performed.
C. Subsurface Investigations
(1) The CONSULTANT 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 surveying work to be
performed hereunder. The CONSULTANT 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 CONSULTANT.
D. Preparation of CONSULTANT's Drawings
The CONSULTANT 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 CONSULTANT shall not be liable for the use
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of such drawings for any project other than the PROJECT described herein.
E. CONSULTANT's Personnel at Construction Site
(1) The presence or duties of the CONSULTANT's personnel at a construction
site, whether as on-site representatives or otherwise, do not make the
CONSULTANT 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 CONSULTANT 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 e�ent of specific site visits expressly detailed and set forth in
Attachment A, the CONSULTANT 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 CONSULTANT be construed as
requiring CONSULTANT 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
CONSULTANT should make an on-site observation(s), on the basis of such
on-site observations, if any, the CONSULTANT shall endeavor to keep the
CITY informed of any deviation from the Contract Documents coming to the
actual notice of CONSULTANT 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 CONSULTANT 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
(1) The CONSULTANT shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
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(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the CONSULTANT 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 CONSULTANT makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, or schedules will
not vary from the CONSULTANT's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the CONSULTANT to the CITY for periodic construction
progress payments to the construction contractor will be based on the
CONSULTANT'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 CONSULTANT 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 CONSULTANT 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
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 CONSULTANT is not responsible for any errors or
omissions in the information from others that are incorporated into the record
drawings.
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. CONSULTANT 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
CONSULTANT 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)
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years.
J. Right to Audit
(1) CONSULTANT 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 CONSULTANT involving transactions relating to this
contract. CONSULTANT agrees 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
CONSULTANT reasonable advance notice of intended audits.
(2) CONSULTANT 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
subconsultant reasonable advance notice of intended audits.
(3) CONSULTANT and subconsultant agree to photocopy such documents as
may be requested by the CITY. The CITY agrees to reimburse
CONSULTANT for the cost of copies at the rate published in the Texas
Administrative Code in effect as of the time copying is performed.
K. CONSULTANT's Insurance
(1) Insurance coverage and limits:
CONSULTANT 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
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$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.
(2) Certificates of insurance evidencing that the CONSULTANT has obtained
all required insurance shall be delivered to the CITY prior to CONSULTANT
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
documentation
requirements.
part of the CITY to request required insurance
shall not constitute a waiver of the insurance
(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.
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Such terms shall be endorsed onto CONSULTANT's insurance
policies. Notice shall be sent to the respective Department Director
Robert Goode, P.E., 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 CONSULTANT's insurance policies
including endorsements thereto and, at the CITY's discretion, the
CONSULTANT 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.
(I) Subconsultants and subcontractors to/of the CONSULTANT shall be
required by the CONSULTANT to maintain the same or reasonably
equivalent insurance coverage as required for the CONSULTANT.
When sub consultants/subcontractors maintain insurance coverage,
CONSULTANT shall provide CITY with documentation thereof on a
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certificate of insurance.
L. Independent Consultant
The CONSULTANT agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The CONSULTANT 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
CONSULTANT 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 CONSULTANT 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
CONSULTANT 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
If permitting authorities require design changes so as to comply with published
design criteria and/or current surveying practice standards which the
CONSULTANT should have been aware of at the time this Agreement was
executed, the CONSULTANT 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
CONSULTANT could not have been reasonably aware of, the CONSULTANT
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.
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A. CITY-Furnished Data
The CITY will make available to the CONSULTANT all technical data in the CITY's
possession relating to the CONSULTANT's services on the PROJECT. The
CONSULTANT may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the CONSULTANT as required for
the CONSULTANT's performance of its services and will provide labor and safety
equipment as required by the CONSULTANT for such access. The CITY will
perform, at no cost to the CONSULTANT, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be required in
connection with the CONSULTANT'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 CONSULTANT's services or PROJECT construction.
D. Timely Review
The CITY will examine the CONSULTANT'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 CONSULTANT whenever CITY
observes or becomes aware of any development that affects the scope or timing of
the CONSULTANT's services or of any defect in the work of the CONSULTANT or
construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges CONSULTANT will perForm part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that CONSULTANT had no prior
role in the generation, treatment, storage, or disposition of such materials.
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�2)
G.
In consideration of the associated risks that may give rise to claims by
third parties or employees of CITY, CITY hereby releases CONSULTANT
from any damage or liability related to the presence of such materials.
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 CONSULTANT's negligence or if CONSULTANT brings such
hazardous substance, contaminant or asbestos onto the project.
Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the CONSULTANT's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the CONSULTANT
for contractor's negligence.
�
(1)
�2)
Contractor Claims and Third-Party Beneficiaries
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 CONSULTANT, its officers,
employees, and subcontractors, for any claim arising out
of, in connection with, or resulting from the surveying
services perFormed. Only the CITY will be the beneficiary
of any undertaking by the CONSULTANT."
This AGREEMENT gives no rights or benefits to anyone other than the
CITY and the CONSULTANT 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)
�
(1)
Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against CONSULTANT.
CITY's Insurance
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
CONSULTANT a copy of the policy or documentation of such on a
certificate of insurance. ���- - --_- -
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(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 CONSULTANT 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 CONSULTANT, 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 CONSULTANT'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
CONSULTANT shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the C17Y.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
CONSULTANT, 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
CONSULTANT will be at the CITY's sole risk. The CITY shall own the final
designs, drawings, specifications and documents.
C. Force Majeure
The CONSULTANT 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. CONSULTANT.
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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 CONSULTANT 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
CONSULTANT will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of CONSULTANT'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 CONSULTANT'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 CONSULTANT 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 CONSULTANT 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 CONSULTANT's personnel and subcontractors, and
CONSULTANT's compensation will be made.
F. Indemnification
(1) The CONSULTANT 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 CONSULTANT, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the CONSULTANT 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
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the CONSULTANT 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 CONSULTANT, 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
CONSULTANT arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or
CONSULTANT hereunder, will be submitted to mediation. If inediation 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
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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
CONSULTANT 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.
CONSULTANT 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
Attachment B - Compensation
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ATTEST:
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Marty Hendri
City Secretary
APPROVED
AND LEGP�k
Amy Ra
Assistar
ATTEST:
TO FORM
Attorney
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CONSULTANT CONTRACT (REV 4/14/05)
Page 15 of 15
CITY OF FORT WORTH
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Marc Ott
Assistant City Manager
APPROVAL RECOMMENDED:
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Robert Goode, P.E., Director
Transportation/Public Works
GORRONDONA & ASSOCIATES, I
Brad J. G�
President
, R.P.L
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ATTACHMENTS A AND B
Go��orid.o�aa. � �soc�.a$e�, ��c.
Land Surveying � Subsurface Utility Engineering � Utility Coordination
March 2, Zoa�
City of Fort Worth
Engineering Department
�,itn; Mr. Bryan Beck
1000 Throckmorton Street
Fort Worth, Texas 76102
Re: NOR'T� T�XAS '�O�LWA�' A�JTHOIaI�Y, �,'�'A N�SA �Y.VD.
Dear Mr. Becic
Gorrondona & Associates, Inc. (GAl) is pleased to
surveying services for the above referenced project.
are to be provided by Gonondona & Assoc., Inc.:
submit this proposal for professional land
The following itemized surveying services
I. RIG�T-OF-WAY/PARCEI� ACQUdSITIOIvt SURVE�'ING
1� g���i �D R�gEARC�[ - Research properiy owners and obtain copies of subdivision plat and
ownership deeds. $ 500.Qn
A1V�O�TNT
2.) RIGHT-OF-WAX M1ii' - Locate property comers and prepare a right-of-way map of the
existing and proposed right-of-way showing lots numbers, ownership with recording
information and all of the parcels of land affected by the project. Deliverables include a right-
of-way map to overlay onto the topographic survey prepared in Microstation along with
copies of deeds, subdivision plats and fi.ax ownership information. � 4,500.00
AIVIOUNT
3.) IZ�Gg'T-O�'-WAY IDOCUM�N'T PR�PAItATION - Prepare three (3) right-of-way
acquisition documents that include a legal description with exhibit to City of Fort Worth
standards, Stake corners of the proposed parcel talcings in tlie field. An additional fee of
$1,800.00 will be required for additional right-of-way document preparation. $ 5,400.00
AIYIOUN'P
4.} ANN�XA`I`ION ]�OCTJII�NTS - Prepare a legal description with e�ibit for the City of
Fort Worth to annex the area including Alta Mesa Boulevard.
AMOY]NT � �,000.00
'�OTAL FE]C5 FOR D�SIGN SITRVEYIlVG $ 14,400.00
�, SUBSLIR�+'ACE U�ILT� ENGIN�ERIlVG
1,) GEIV�IZAL SiTE SCQPE - SiTE is in essence a two-phase process, designating and locating
as defined in ASCE Publication CTIASCE 38-02 (Standard Guideline for the Collection and
Depiction of Existing Subsurface Utility Data). The first phase, designating (QL "B),
provides the horizontal (x, y) information necessary to oVerlay existing utilities on plan
sheets, and is completed by means of electronic geophysical prospecting. The second phase;
locating (QL "A"), provides vertical (z) information by means of non-deshvctive vacuum
excavation methods.
6707 8rentwood 5tair Road = 5uile 50 � Fort Worth, Texas 76112 � 617.496.1424 • Fax 817.496.1766 p www.ga-inc.net
�o���r��o�a � ���cP�te�y ���o
Land Surveying � Subsurface Utility Engineering ^ Utility Coordination
It is our responsibility to provide due-diligence in regards to records research (QL "D") and
acquisition of available utility records. The due-diligence provided will consist of contacting
the applicable "one-call" agency and acquiring/reviewing available utility records from utility
owners, including local municipalities. Utilities that are not part of the "one call" system, or
not shown in the available utility records will be here forth referred to as "unlcnown" utilities.
Gorrondona & Associates, Inc. will scan the defined work area using electronic prospecting
equipment to search for "twlcnown" utilities. However, Gorrondona & Associates, Inc. is not
responsible for designating and locating these "unknown" utilities.
,) PROJEC'T SP�CIFIC SCOPE - Based on infortnation obtained during our plan review, we
ha�e developed a preliminary scope for the SLTE work required for this praject. The scope of
work may be modified, with Carter & Burgess concurrence, during the performance of the
SUB fieldwork if warranted by actual field findings.
Our general scope of work involves designating (QL"B) utilities along the proposed
alignment of Alt� Mesa Boulevard. The limits of work are including the intersection of
Bryant Irving Blvd. and extend easterly along Alta Mesa to Granbury Road.
AMO�TNT $ 25,000.00
Additionally, we have included eight (8} test holes so that vertical information can be
obtained at locations requested by Carter & Burgess. We have assumed tbat all test hole
locations are accessible to tuck-mounted vacuum excavation equipment.
AMOTTIVT $ 6,500.00
Following designating, we will prepare field sketches depicting the designated utilities.
These slcetches will be used as a reference during surveying and during review the survey
information.
Gorrondona & Associates, rnc. can provide the above professional land surveying services for a
fee of $39,400.00. If you have any questions or require additional information please contact me
at (817) 496-1424.
Sincerely,
�OgRONI�ONA
�
Brad 3. Go o�
President
� A� CIATES, IIVC.
R.P.L.S.
6707 Bren(,r�ood Stair Roatl � Suite 50 � Fort Worih, Texas 76112 � 817.496.1424 � Fax 817.496,1766 • wv�vd.ga-inc.net
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/10/2007
DATE: Tuesday, April 10, 2007
LOG NAME: 20DIRKSSURVEY REFERENCE NO.: **C-22048
SUBJECT:
Authorize Execution of an Agreement with Gorrondona & Associates, Inc., for Professional Land
Surveying Services along Dirks Road from Bryant Irvin Road to Granbury Road
RECOMMENDATION:
It is recommended that the City Council Authorize the City Manager to execute an agreement with
Gorrondona & Associates, Inc., in the amount of $45,900 for professional land surveying services along
Dirks Road from Bryant Irvin Road to Granbury Road.
DISCUSSION:
On January 9, 2007, M&C G-15571 the City Council authorized the sale of $42,325,000 Certificates of
Obligation for the purpose of funding part of the Critical Capital Needs Program. That amount included
$1,400,000 for the surveying and engineering for the reconstruction of Dirks Road as a six-lane divided
road from Bryant Irvin Road to Granbury Road.
The proposed agreement with Gorrondona & Associates for right-of-way surveys and subsurface utility
investigations is needed so that design engineering can proceed. Staff considers the fee to be fair and
reasonable for the scope of services to be performed.
M/WBE participation has been waived because of limited subcontracting opportunities with this particular
assignment.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that that funds are available in the current capital budget, as appropriated, of
the 2007 Critical Capital Projects Fund.
TO Fund/AccountlCenters FROM Fund/AccountlCenters
C295 531200 203230076850 $45,900.00
Submitted for City Manager's Office bv:
Originating Department Head:
Marc Ott (8476)
Robert Goode (7804)
Additional Information Contact: Tom Leuschen (2442)