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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR SURVEYING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Gerry Curtis
Associates, Inc., (the "Surveyor"), for a PROJECT generally described as: Hulen Street
Extension, Jerry Savelle Ministries property, Right -of -Way Exhibit,
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The SURVEYOR's compensation is set forth in Attachment A.
Article III
Terms of Payment
Payments to the Surveyor will be made as follows:
A. Invoice and Payment
(1) The Surveyor shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The SURVEYOR will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
Al
In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to SURVEYOR for billings contested
in good faith within 60 days of the amount due, the SURVEYOR may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In the event of suspension
of services, the SURVEYOR shall have no liability to CITY for delays or
damages caused the CITY because of such suspension of se ices. -
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Article IV
Obligations of the SURVEYOR
Amendments to Article IV, if any, are included in Attachment C.
A. General
The SURVEYOR will serve as the CITY's professional surveying
representative under this Agreement, providing professional surveying
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the SURVEYOR's services will be the
degree of skill and diligence normally employed in the State of Texas by
professional surveyors or consultants performing the same or similar services
at the time such services are performed.
C. Subsurface Investigations
(1) The SURVEYOR 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 surveying work
to be performed hereunder. The SURVEYOR 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 SURVEYOR.
D. Preparation of Surveying Drawings
The SURVEYOR will provide to the CITY the original drawings of all plans in
ink on reproducible plastic film sheets, or as otherwise approved by CITY,
which shall become the property of the CITY. CITY may use such drawings in
any manner it desires; provided, however, that the SURVEYOR shall not be
liable for the use of such drawings for any
described herein.
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project other than the PROJECT
E. SURVEYOR's Personnel at Construction Site
(1) The presence or duties of the SURVEYOR's personnel at a construction site,
whether as on -site representatives or otherwise, do not make the SURVEYOR
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 SURVEYOR 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 SURVEYOR 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 SURVEYOR be construed as requiring SURVEYOR 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 SURVEYOR should make an on -site
observation(s), on the basis of such on -site observations, if any, the
SURVEYOR shall endeavor to keep the CITY informed of any deviation from
the Contract Documents coming to the actual notice of SURVEYOR 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 SURVEYOR 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 SURVEYOR 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 SURVEYOR 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
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Y
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 SURVEYOR makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from the SURVEYOR's opinions,
analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the SURVEYOR to the CITY for periodic construction
progress payments to the construction contractor will be based on the
SURVEYOR'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 SURVEYOR 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
SURVEYOR 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 SURVEYOR is not responsible for
any errors or omissions in the information from others that is incorporated into
the record drawings.
1. Minority and Woman Business Enterprise (M/NVBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for
the participation of minority business enterprises and woman business
enterprises in City contracts. SURVEYOR acknowledges the M/WBE goal
established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or
the commission of fraud by the SURVEYOR may result in the termination of
this agreement and debarment from participating in City contracts for a period
of time of not less than three (3) years.
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J. Right to Audit
(1) SURVEYOR agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the SURVEYOR involving transactions relating to this contract.
SURVEYOR agrees that the CITY shall have access during normal working
hours to all necessary SURVEYOR facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give SURVEYOR reasonable
advance notice of intended audits.
(2) SURVEYOR further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3)hereof. CITY shall give subcon-sultant reasonable advance
notice of intended audits.
(3) SURVEYOR and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse SURVEYOR for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. SURVEYOR's Insurance
(1) Insurance coverage and limits:
SURVEYOR shall provide to the City certificates) 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
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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 SURVEYOR has obtained all
required insurance shall be delivered to the CITY prior to SURVEYOR
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
(d) A minimum of forty-five (45) days notice of cancellation or material change
in coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto SURVEYOR's insurance policies. Notice shall be sent to
the respective Department Director (by name), City of Fort Worth, 1000
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Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A: VII in the current A.M. Best Key
Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
(f) Deductible limits, or self insured retentions, affecting insurance required
herein shall be acceptable to the CITY in its sole discretion; and, in lieu of
traditional insurance, any alternative coverage maintained through
insurance pools or risk retention groups must be also approved.
Dedicated financial resources or letters of credit may also be acceptable
to the City.
(g) Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring expense,
to review the SURVEYOR's insurance policies including endorsements
thereto and, at the CITY's discretion; the SURVEYOR may be required to
provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such exclusions
in writing.
(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) Sub consultants and subcontractors to/of the SURVEYOR shall be
required by the SURVEYOR to maintain the same or reasonably
equivalent insurance coverage as required for the SURVEYOR. When
sub consultants/subcontractors maintain insurance coverage,
SURVEYOR shall provide CITY with documentation thereof on a
certificate of insurance.
L. Independent Consultant
The SURVEYOR agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
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M. Disclosure
The SURVEYOR acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The SURVEYOR further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the SURVEYOR will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the SURVEYOR
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
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
SURVEYOR should have been aware of at the time this Agreement was
executed, the SURVEYOR 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 SURVEYOR could not have been reasonably aware of, the
SURVEYOR 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
SURVEYOR 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 SURVEYOR as required for
STANDARD SURVEYING AGREEMENT (REV 10/06/05)
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the SURVEYOR's performance of its services and will provide labor and safety
equipment as required by the SURVEYOR for such access. The CITY will
perform, at no cost to the SURVEYOR, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be required in
connection with the SURVEYOR's services. The CITY will be responsible for
all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
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 SURVEYOR's services or PROJECT construction.
D. Timely Review
The CITY will examine the SURVEYOR's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule in Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the SURVEYOR whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the SURVEYOR's services or of any defect in the work of the
SURVEYOR or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges SURVEYOR will perform part of the work at CITY's
faces that may contain hazardous materials, including asbestos
containing materials, or conditions, and that SURVEYOR 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
SURVEYOR 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 SURVEYOR's negligence or if SURVEYOR brings such
hazardous substance, contaminant or asbestos onto the project.
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G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the SURVEYOR's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
SURVEYOR for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(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 SURVEYOR, 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
SURVEYOR."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the SURVEYOR 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 SURVEYOR.
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
SURVEYOR 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 SURVEYOR 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
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requests such services of the SURVEYOR, 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 SURVEYOR'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
SURVEYOR shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
i3. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the SURVEYOR, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the SURVEYOR will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The SURVEYOR is not responsible for damages or delay in performance
caused by acts %J God, strikes, lockouts, accidents, or other events beyond the
control of the SURVEYOR.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on 30
days' written notice. This AGREEMENT may be terminated by either the CITY
or the SURVEYOR for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
SURVEYOR will be paid for termination expenses as follows:
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a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of SURVEYOR'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements for the SURVEYOR'S personnel to document
the work underway at the time the CITY'S termination for convenience
so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the SURVEYOR will submit to
the CITY an itemized statement of all termination expenses. The CITY'S
approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the SURVEYOR for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the SURVEYOR's personnel and subcontractors, and
SURVEYOR's compensation will be made.
F. Indemnification
(1) The SURVEYOR agrees to indemnify and defend the CITY from any
loss, cost, or expense claimed by third parties for property damage and
bodily injury, including death, caused solely by the negligence or willful
misconduct of the SURVEYOR, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the SURVEYOR and the
CITY (or a person identified above for whom each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared
between the SURVEYOR and the CITY in proportion to their relative
degrees of negligence or willful misconduct as determined pursuant to
T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
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of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the SURVEYOR, and their
officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
SURVEYOR arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or SURVEYOR
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely to
be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
$50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by Sections
10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11).
(2) Any award greater than $50,000, exclusive of attorneys fees, costs and
expenses, may be litigated by either party on a de novo basis. The award shall
become final ninety (90) days from the date same is issued. If litigation is filed
by either party within said ninety (90) day period, the award shall become null
and void and shall not be used by either party for any purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J.
shall survive termination of this AGREEMENT for any cause.
L. Observe and Comply
SURVEYOR shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
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way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. SURVEYOR agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
Article vzz
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, Letter dated 27 May, 2009
Attachment C - Amendments to Standard Agreement for Surveying Services
Attachment E - Location Map
Executed this the day of , 2009.
ATTEST:
I
A
Marty Hendrix
City Secretary
APPR�VII�[�nP►S TO FORM AND LEGALITY
Amy Rey
Assistan City Attorney
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I�
CITY OF FORT WORTH
Fernando Costa
Assistant UILY Manager
APPROVAL RECOMMENDED
William Verk>sst, P.E./
Director, Transportation and Public Works
Gerry Curtis Associates,
SURVFY(�R
Inc.
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GERRY CURTIS ASSOCIATES, INC.
SURVEYORS
GERALD A. (GERRY) CURTIS RPLS
817/334-0381
e-mell: ycerplsQewbell.net
27 May, 2009
Patrick W. Buckley
Department of Transportation and Public Works
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Re: Survey services proposal
Hulen Street extensions
Far south Fort Worth
Pat,
Per our recent conversations, we are pleased to offer the following proposal for providing field surveys and
platting for the above referenced project as follows. This project is the result of a meeting on 4 February
between Council Jungus Jordan, Jim Walker and Mark Dauscher of your Department, and officials of Jerry
Savelle Ministries which I arranged at the request of Council Jordan.
We can prepare final exhibits and descriptions of the Savelle portion of Hulen Street, for both dedication
of the desired right-of-way and for the voluntary annexation process, as well as set monumentation for the
project. The recent call by the Development Department for a preliminary plat for this portion of Hulen
Street has caused us to increase our initial thoughts of fee estimate. In addition to the plats, descriptions,
and exhibits described herein, we would provide the dedication instrument to accompany the plat and
arrange for execution by the appropriate official of Savelle Ministries. Our fee proposal for these services
is not -to -exceed $ 4250.
Iri addiiion, we wouid perform necessary surveys and prepare a sirniiar piaT r'or dedication of Thai- por•Tioi�
of Hulen Street not previously dedicated by plats of Summer Creek Ranch. The extent of this dedication
appears from the preliminary plat of Summer Creek Ranch to require a 50-foot wide portion running south
from McPherson Road south to the south end of present Summer Creek Ranch; an approximate 400 foot
length of additional 12-foot wide section running south from McPherson; and, parts and/or all, as required,
of a 130-foot wide right-of-way south to the southerly north boundary line of the Savelle property. Our
fee proposal for services for this section if not -to -exceed $ 5200. This proposal also includes dedication
instrument preparation. At this point, no additional preliminary plat is thought to be required.
Please call if you have questions about this proposal or any of our services,
Gerry C�yfis, RPLS, FACSM
P.O. Box 4888 Fort Worth, T�x�s 78117-2ti!•
ATTACHMENT C
Article IV
Obligations of the Surveyor
C. Subsurface Investigations
(1) The SURVEYOR shall advise the City of visible complications to construction.
SURVEYOR shall expect design engineers to determine requirements for soil
tests and other investigations.
D. Preparation of Surveying Drawings
The SURVEYOR will provide to the CITY copies of drawings electronically and
will provide appropriate mylar and prints as appropriate for the submission of
plats and annexation cases when appropriate.
E. SURVEYOR's Personnel at Construction Site
There is no expectation under this contract for SURVEYOR to provide personnel
related to any construction.
I. Minority and Woman Business EnterpriseParticipation
Because of the size of this contract and the services described herein, there is no
service or portion of this contract assignable to an M/WBE participant.
SURVEYOR is aware of CITY's M/WBE provisions within contracts.
K. SURVEYOR's Insurance
1. SURVEYOR does not carry Professional Liability insurance.
O. Permitting Authorities -Design Changes
The basic geometry of the subject design was determined to CITY's standards
long before this contract was contemplated. Design changes made necessary
because of changes in CITY's design criteria since that time will be accomplished
outside of this contract with SURVEYOR compensated for additional expenses
necessary to accomplish such changes. Said changes will are to be covered by
an addendum to this contract.
ATTACHMENT C, continued
Article VI
B. Reuse of Project Documents
CITY will own the final right-of-way designs created under this contract. Original
drawings of plats utilizing said designs, and other documents prepared and/or
utilized by the surveyor in formalizing these designs are and shall be the property
of SURVEYOR.
k.
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