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Contract 41981 (2)
CITY OF FORT WORTH, TEXAS GM' SECRETARY CONTRACT NOD„ �- STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and Wier & Associates, Inc., (the "ENGINEER"), for a PROJECT generally described as: Lot 2-A, Block 2, Medical Centre Addition. Article 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. 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, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, 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 billings contested in good faith within 60 days of the amount due the ENGINEER may, after giving 7 days' written notice to CITY sus end service under this AGREEMENT until City of Fort Worth, Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services PMO Official Release Date: 5.19.2010 WY SECRETARY Page 1 of 15 `10 WORTH, TX paid in full. 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 engineering representative under this Agreement, providing professional engineering 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 5.19.2010 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink o n reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may u se such drawings in any manner it 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 (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 o r 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 o r 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 e xhaustive 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 the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (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. Opinions of Probable Cost, Financial Considerations, and Schedules (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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 5,19,2010 Page 3 of 15 (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. Construction Progress Payments 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. 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 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 In accord with City of Fort Worth Ordinance No. 15530, as amended, 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 accepted written commitment to M/WBE participation. Any misrepresentation of facts (other than a negligent City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 5.19.2010 Page 4 of 15 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 five (5) 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 five (5) 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) 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. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2 000,000.00 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage and under the commercial umbrella if any This insurance shall apply as primary insurance with respect to any other City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 5.19,2010 Page 5 of 15 insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident Such insurance shall cover liability arising out of "any auto', including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. ENGINEER waives all rights against the CITY and its agents, officers directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000 00 policy limit. ENGINEER waives all rights against the CITY and its agents, officers directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 5.19,2010 Page 6 of 15 (2) GENERAL INSURANCE REQUIREMENTS a. 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. b. 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. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) 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 sent to the respective Department Director (by name), City of Fort Worth 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater in the current A.M Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis The CITY, at it sole discretion, mayconsent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. 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. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 5.19.2010 Page 7 of 15 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. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement m. 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. 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 CITY may request the ENGINEER to assist 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 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 City of Fort Worth, Texas Standard Agreement for Engineer ng Related Design Services PMO Official Release Date: 5.19.2010 Page 8 of 15 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. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data ENGINEER 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 ENGINEER as required for the ENGINEER's performance of its services. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 5,19.2010 Page 9 of 15 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 prepared in accordance with Attachment D. 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 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 (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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 5,19.2010 Page 10 of 15 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 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. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 5,19.2010 Page 11 of 15 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 CITY shall own the final designs, drawings, specifications and documents. 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 that prevent ENGINEER s performance of its obligations hereunder. D Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' wntten 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 in 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 electronic data files and other data storage supplies or services; The time requirements for the ENGINEER'S personnel to document the work underway at the time of 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 5,19,2010 Page 12 of 15 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 In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 5,19.2010 Page 13 of 15 J. 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.F., VI.H., and VI.I shall survive termination of this AGREEMENT for any cause. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 5,19,2010 Page 14 of 15 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 Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Executed this the t day of ATTES tc Hendrix City Secretary APPRO fctitreRk?? Avo 00°Q a°000.o 9.,s00 /204 (r3i iXaci 51 0 *°o t(. . D AS TO FORM'AND LEGALITY Assistant City Attorney ATTEST: City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 5.19.2010 Page 15 of 15 By: CITY OF •RTWORTH rnando sta Assistant City Manager • APPROVAL RECOMMENDED Lai> C.t../ Doug Wie'rsig, Ph. D , P.E. !� Director, Transportation & Public Works Wier & Associates, Inc. �jl¢/1L0 Ssc ✓e0a Carlo Silvestri Vice President By: lirdintaanurs wi.a PJ. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT A SCOPE OF SERVICES The scope set forth herein defines the work to be performed by the ENGINEER/SURVEYOR in completing the project. Both the CITY and ENGINEER/SURVEYOR have attempted to clearly define the work to be performed and address the needs of the Project Under this scope, 'ENGINEER/SURVEYOR" is expanded to include any sub -consultant, including surveyor employed or contracted by the ENGINEER/SURVEYOR. OBJECTIVE The objective of the services outlined in this contract is to provide a boundary survey and final plat for the land transfers illustrated in Exhibit "H', and to provide a Stormwater Management Plan which is required for approval of the final plat, as an optional service. Task 1. Task 2. Task 3. Task 4. WORK TO BE PERFORMED Design Management Boundary Survey Preparation Final Plat Preparation Stormwater Management Plan TASK 1. DESIGN MANAGEMENT. ENGINEER/SURVEYOR will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER/SURVEYOR's and CITY's time and resources ENGINEER/SURVEYOR will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.2. • • e • • • • Managing the Team Lead, manage and direct design team activities Ensure quality control is practiced in performance of the work Communicate internally among team members Task and allocate team resources Communications and Reporting Attend a project kickoff meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional plans that meet CITY requirements. Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. Prepare and submit monthly progress reports in the format provided by the respective CITY Department, if requested. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 1 of 2 TASK 2. BOUNDARY SURVEY 2.1 The ENGINEER/SURVEYOR shall perform field and office services necessary to prepare a Boundary Survey Map in accordance with the requirements of the Texas Society of Professional Surveyors (T.S.P.S.) Category IA, Condition II Survey, for a tract of land of approximately 1.92-acres This tract is indicated in green on the attached Exhibit "H', and includes the Right -of -Way for future Pennsylvania Avenue and the two adjacent open space areas. 2.2 The ENGINEER/SURVEYOR shall perform field and office services necessary to update a previously prepared, 1.184-acre Boundary Survey Map attached as Exhibit "G" This update would be prepared to exclude the hatched area shown on Exhibit "H" and would be performed in accordance with the requirements of the Texas Society of Professional Surveyors (T.S.P.S.) Category IA Condition II Survey TASK 3. REPLAT (Replat of Lot 2-A, Block 2, Medical Centre Addition) ENGINEER/SURVEYOR shall prepare one Replat of Lot 2-A, Block 2, Medical Centre Addition, and the area designated as area 4 on Exhibit H Areas designated 5 and 6 on exhibit H are excluded from this replat We will attend one planning commission meeting, if necessary and will coordinate with the necessary parties to obtain signatures on the plat for recording with the County. However, since no public improvements are necessary, we anticipate the plat to be approved administratively. Should this not be the case, or should other types or quantities of plats be required, ENGINEER/SURVEYOR may prepare these documents for an additional fee. Submittal review fees, tax certificates, and filing fees shall be paid by the City and are not included in our basic services. TASK 4. STORMWATER MANAGEMENT PLAN (OPTIONAL SERVICES) S ince a stormwater management plan is required for plat approval, these services are included as optional services within this contract. ENGINEER/SURVEYOR will perform research and field topography as needed for the preparation of Preliminary, Conceptual and Final Stormwater Management Plans, in accordance with the city of Fort Worth Drainage Manual. These plans will be prepared from the perspective that there are no planned improvements for the referenced properties at this time. The stormwater management plans will illustrate existing drainage patterns, existing drainage features, existing runoff, and will identify issues and solutions related to existing drainage conditions. These stormwater management plans will not consider drainage issues related to possible future designs, particularly for future stormdrain within P ennsylvania Avenue, plans for which are not available at this time. If approval of a final Stormwater Management Plan should 'require design and plan preparation beyond the anticipated scope of services, ENGINEER/SURVEYOR may perform these services for an additional fee. The Stormwater Management Plans shall be submitted to CITY per the approved Project S chedule. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 2 of 2 ATTACHMENT B COMPENSATION Design Services for Lot 2-A, Block 2, Medical Centre Addition City Project No.01742 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $13,000.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees The total lump sum fee shall be considered full compensation for the Basic services described in Attachment Al including all labor materials, supplies, and equipment necessary to deliver the services. In addition to the Basic services, it is expected that Optional services will be required to prepare Conceptual, Preliminary and Final Stormwater Management Plans. These Optional services will be performed on a unit price basis as detailed herein for a fee not to exceed $6,500.00. The combined fee for the Basic services, and the Optional services provided in preparation of the Stormwater Management Plans shall not exceed $19,500.00 without written authorization from Client. B. The ENGINEER shall be paid monthly payments as described in Section II Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City, if requested. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount Prime Consultant Wier & Associates, Inc. Boundary Survey & Plat $19,500 100 Proposed M/WBE Sub -Consultants 0 Non-M/WBE Consultants 0 TOTAL $ 100% Project Number & Name Fee M/WBE Fee M/WBE % Total $ $ % City M/WBE Goal = 0% City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 2of4 Consultant Committed Goal = 0 % B-2 EXHIBIT "B-1 ' ENGINEER INVOICE (Supplement to Attachment B) BASIC SERVICES: Services to be provided in accordance with the descriptions provided in Attachment Al for a lump sum fee. The lump sum fee is to be allocated according to tasks, and will be billed upon completion of any particular task, as follows: 1. Design Management (included with costs of specific items) $0,000.00 2. Boundary Surveys 2.1 Boundary Survey as described in section 2.1 of Attachment A $4,000.00 2.2 Boundary Survey as described in section 2.2 of Attachment A $2,500.00 3. Replat of Lot 2-A Block 2 Medical Centre Addition $6,500.00 TOTAL BASIC SERVICES: $13,000.00 OPTIONAL SERVICES: Services which may be provided, at the request of Client, which are beyond the scope of services as described in Attachment A. Optional services will be billed monthly at the unit rates provided as follows: Office staff P rincipal S enior Project Manager PE or RPLS P roject Manager or Team Leader S enior Engineer PE or RPLS Graduate Engineer S enior CADD Technician CADD Technician Junior CADD Technician Admin/Support Field Survey Crew staff P arty Chief Instrument Man Based on billing rates for individual crew members as shown above, the billing rates for survey crews will be as follows: One-man Field Survey Crew Two -man Field Survey Crew Three-man Field Survey Crew City of Fort Worth, Texas Attachment B PMO Official Release Date: 5,19.2010 Page 3 of 4 Billing Rate Per Hour $170.00 $137.00 $124.00 $115.00 $101.00 $89.00 $74.00 $66.00 $55.00 $99.00 $55.00 $ 99.00 $154.00 $192.00 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Preparation of Conceptual, Preliminary and Final Stormwater Management Plans shall be billed as Optional Services Fees for these services shall not exceed $6,500.00 without written authorization from Client. Hourly reimbursable services will be provided on the basis of the specific staff positions engaged to complete the project/task and such staff positions will be invoiced at the firm's current rates. Billing rates for individual staff members or for survey crews may be adjusted twice annually (at April 1 and/or October 1) if ENGINEER/SURVEYOR adjusts salary pay rates of employees. Current billing rates are listed on the chart provided herein. Note: Texas legislation provides for state sales tax to be applied to certain surveying services (primarily boundary surveys). Where applicable sales tax will be added in addition to the above rates unless client is tax exempt. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19,2010 Page 4 of 4 B-4 EXHIBIT C AMENDMENTS TO STANDARD AGREEMENT Design Services for Lot 2-A, Block 2, Medical Centre Addition City Project No.01742 The City of Fort Worth Standard Agreement for Engineering Services Related to Design Services, included herein, is hereby amended as follows: All references to "ENGINEER" shall be changed to "ENGINEER/SURVEYOR". DELETE the following: 1. Article IV, Section D — Preparation of Engineering Drawings. 2. Article IV, Section F — Opinions of Probable Cost, Financial Considerations, and Schedules. 3. Article IV Section G — Construction Progress Payments. 4. Article IV Section H — Record Drawings. 5. Article IV Section I — Minority and Woman Business Enterprise (M/WBE) Participation. ADD the following attachments to Article VII, Attachments, Schedules and Signatures: 1. Exhibit F — Lot 2-A, Block 2, Medical Centre Addition Replat 2. Exhibit G — 1.184 Acre Survey 3. Exhibit H — Land Swap Exhibit Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program FORT WORTH Attachment D — Project Schedule This PROJECT requires a Tier 1 schedule as defined herein and in the Cit1y's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: Primavera (Version 6.1 or later or approved by CITY) Primavera Contractor (Version 6.1 or later or approved by CITY) Primavera SureTrak (Version 3.x or later or approved by CITY) Microsoft Project (Version 2003/2007 or later or approved by CITY) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT'S understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks, subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, City of Fort Worth, Texas Attachment D PMO Release Date: 06.30.2009 Page 1 of 2 • Coordination issues the CITY should be aware of or can assist with, • Other schedule -related issues that the CONSULTANT wishes to communicate to the CITY. D4. PFRFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPFCIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth, Texas Attachment D PMO Release Date: 06,30,2009 Page 2 of 2 Page l of l Google Maps Google maps .14 .LSlt7 ft1'n ve `/l4 F . I0 Bledsoe St W Lancaster Ave 0 n cn Crestline Rd --' `' Trir ity Park- csOc Fort Worth nl�^ t=.ardeq c tZ od 9 c'f. Sprin ate St • H ontier LiIthcare Rd 44 cn c 0- 9 r'' . 441' 1 W Rosedale St S Irhin St ATTACHMENT E LOCATION MAP r • <. eil Lancaster Ave kfle • t� R IL . E4� e•Se a� 4 1ltn Ave 'Ittl Broadway St zr t To see all the details that are visible on the screen, use the "Print" Zink next to the map. Sunset Terrace Wenneca Ave Peter Smith St Nit °A 44 sae" 1-' 9 Ca 377 Baylor Sorg _a Hospital Fort!li.. SITE worth St IN Rosedale St Mistletoe Blvd Mistletoe Heights W Magnolia 'Ave t" Edwin St 1 PO Dr `D'► cyde Pr CO a Newby. Parr tvlisiletoe Blvd Baylor AIl'S'rts I-i Medical se enter I• i I- * { d_ 0 3 Ui :ci sb 4 { N VV Lancaster Ave ,-;grace 055 di 0 Pruitt St P -t 7 Park Pi Avo 3 CL H Healthsclith Reh'ribilitcit• r-p Ho rsi ! 11 w r m 5 j 1 rfr Fla W Tucker Lt . Pennsylvania Ave Pruitt St Kindred Hospitsi' Fort V/Berth H �' s Plaza Medical Center of • Fort Vittrth atit 03 cr �u Spiral: Pr Bakery I� 11�1 M•drphy St \'V Myrtle St 3 c fts a W Alert Ave t) to «J 1 is 0) S Henderson St S Henderson St Pe, Green 3 -r T Chr-•;;"=.I High ` cl"o.cis t9 -4- W Rosedale St rz• 2$ uOSaarivaH S w 1.!ag jd ii3 Fairmount E ©2011 Google - Nlap efa` a:02011 Cep http://maps.google.com/snaps?hl=en&tab=wl 5/2/2011 EXHIBITF REPLAT LOT 2-1 BLOCK2 OP -`|`; / / \§ § 1 \§ § I2TH AVE. E </ ,� / w/ IL • -gym 21- \\ (SI•••) R@ R a;e,l,i \\\ \84SSAS E~--Sw01;:a;6 §.§;§§141§;;;§;§§g014 JUTRU«T,4“lwitt!@O5¥ u ,,,,; gag ,vv:"■"::X • ...................3 RR §b§w\ § ¥ z 3 ESQ ,,a = w a •atp Tg / Gmem / / alk;.I ;• 1.184 BOUNDARY SURVEY S47.32'55' Tosc Y w 6'55'53 RAO 0/C R - 1000.00' L = 100.46' T = 50.27 D - 5'45 21' CR = 539.34 24' W 100.42' vx CAP Y \ 51.30' A <\ 4 \\ � S ; ��t A \ 0'4119" ` 1r) 0.86 1 R = 1075.00' L - 146.86' T= 73.54 0 = 7'49'39' CN = 952'22 31'W 146.75' 9 •LEGEND• ono IN4 SC3*O Near Tar TOOL TIN WTIP C) Min - - Gs-_ - _4T _ -4- A3NW.t PAVONNt SACK 4F OP TO Moser Ca wanwN W.'eaY TO SACK OR MD CAME II IN LURKvt TABLE CaNwCAt VOAPL4r STETS n On ODNORTC CAPLE MESTA/ OHE N ANIWT PAGDADIT RM NYMPBa ,om OPTIC CANE SASW01 GAS NOAMY w3 Tor STATION Cut WN ONIOKR KADWLL MGAtRI CONTROL Valve PONo4 PC0 roue UC SIT LAC IXN1C® IN LIMB TANS LOC PIE POOW PJ£ WOOD 9TOMPPE STOMA STMOAN MANORC.Z YRMAOL ICAO 5NN SNRMY MCA MNICIt SANITARY MGM O.W111 SORBNCM Onl TLLOIPC TAM SO & 00X TRAM YOWL BON TMMC EtO U. NAM. IBtG NAYW,ot NARAONINL C W WARREN SANTART awn in MWR OPTIC UCTE VCtafADlPNOK OKWCM tTDO ImPcmw0 4M P 7'44 'l0'E 4 13 • ../• ' \ FIELD NOTES R - 919.00' L= 321.65' T - /62.49 0 - 20.03'13' CH = S/7'25'37' W T20.01' BLOCK 8 EOWARD 'S HEIRS ADD 'N. VOL. 61, PG. 2 11111 AVENUE Dore MECOI BLOCK 10 LOT 3R BLOCK 7 EDWARD'S HEIRS ADD'N. C48NET A. SLIDE 2090 P.R,T.C,T. r 0 90 80 120 I60 �r -< \\ `\ • \\ • .' N. \ �\ \\ \\\ \\ \\ \\• \\\ DEL 4 ��•1 �� we VA �A- � � I • \ v dI, qp 6�i..ubc '2 I• 'f'y .P u 700'37'02' w 271.91�� r A4'a' e14 Y/'4a?0' 1.184 ACRES .P o-P TIC t YOFFORTWORTII ------------------- Ago5/, 6 �•9'E'� CAMEO 9 e' ivol;:iolel S1, 575 SWAgE fEET'LVOLUME 13568, PACE 70 3O•uhm {� .9> PI 0 D.R.T.C.T+u41 i'O4-IN 4Wr. Fr" ,F •Y A° BEING A TRACT OF LAND LOCATED ET THE G. Sla$OS SURVEY. ABSTRACT No. 1902. BEING A PORTION OF A OF TO CITY OF FORT WORTH N VOLUME 1356a PAGE 70. OF THE DEED RECORDS, LAND DESCRIBED .GEED THE SOUKS TOU.OW COUMY, TEXAS Ip.q,T.C.T. 1, AND BE MORE PMTKUALTY DESCRIBED tlY M1fi;TES A!D SOUKS AS Fatpws, BEGINNING AT A V2' ION R00 SET WITH CAP STAINED' WIER 8 ASSOC. NC' N THE NORTH RIGHT-OF-WAY LINE OF COOPER STREET. BEING THE SOUTH EAST CORNER OF LOT 2A. MEDICAL CENTRE, PER PLAT RECORDED N Y CPR.T .TI AM SOUTH MCI A, SLOE 25 36. RAT RECORDS TMRANT COUNTY. TIXAS ,C IPE THE HEST CORNEA OF LOT ]R. BOCIf T, EOWARD'S HETM AODITDN, PER PLAT RECOPOED N [ABII$T A, SLOE 2000, P,R.T.C.T., THENCE N 06.51'23' W, ALONG TIC NORTH RIGHT-OF-WAY LINE OF SAO COOPER STREET. 49.97 FEET TO A I12' IRON ROO SET WITH CAP STAMPED ' WIER 8 ASSOC. NC• THENCE ALONG TIC EAST UNE OF SAD LOT 2A. CAM THE HEST LINE OF SAD CITY OF FORT' WORTH TRACT A9 FOLLOWS' N 00.35.56' E, 249.61 FEET TO 4 V2' IRON ROD SET WITH CAP STAMPED ' WER a ASSOC. NC' N 01'22'49• E, 7,88 FEET TO A 1/2' RON ROO SET WITH CAP STAMPED' WER 8 ASSOC. INC' , N 01'36'40•E. 50.30 FEET TO A 1/2' RCN ROO SET WITH CAP STAMPED ' WIER 8 ASSOC. NC' , N 02.46'21•E, 50,75 FEET TO A 1/2' RON ROD SET WITH CAP STONED • WER 8 ASSOC. NC' N 04.34'34•E, 55.45 FEET TO A V2• PON ROO SET WITH CAP STAMPED 'WIER a ASSOC. INC' , N 07.37'I0'E, 82,50 FEET TO A 1/2' IRON ROD FOUND, N lI48'20' E, 55.45 FEET TO A 6/8• WON ROD FOUND, N U •4a 99• E, 51.36 FEET TO A 1/2' RON ROD SET PATH CAP STAMPED ' WER a ASSOC. NC N 10.03'06' E. 51,42 FEET TO A I/2' R0N ROD SET WITH CAP STAMPED • WCR a AG90C, HNC' N 2P19'E6•E, 51.44 FEET TO A 1/2' NON ROD GET WITH CAP CTAWW ' WIEA a ASSOC. INC' , N 24.39'2G• E. 51.90 FEET TO 4 1/2' RON ROD FOUD, N27.94 SO' E, 81.7E FEET TO A 1/2' IRON ROD FOUND IOSTLRBE0 I, SET I/2' IRON ROD SET WITH CAP STAMPED NCR 5 ASSOC. INC' , R - 1477.25' L - 171.34' i - 85.76 0 - 6'38 '43' CH = 503'S6124'W 171.24' 1 I\ wt / 55--- O Via„ 4. �' Jp LP to '1 3 ROM CORK 9iRasa A, SLIDE t4]C Y p R.r.ar GA' 7.88' 01'36'40'E 50, 30' N 30.11.19• E, 50.86 FEET TO A 1/2' IRON ROD SET WITH CAP STAMPED ' WIER 8 ASSOC. NC' , N 33.22'10'E, 51.20 FEET TO A 1/2' RON R00 FOUND, N 36.09'21'E, 51.26 FEET TO A 1/2' RON PM FOND, N 39'10'06' E. 51.30 FEET TO A 1/2' IRON ROD FOUNDI05T WBED I. 1/2' NON ROD SET WITH CAP STAMPED 'WER a ASSOC. INC' . N THE SOUTH RIpR-OF-WAY LFE OF TEXAS 8 PACIFIC RAILROAD, THENCE N 56.55'53'E, ALONG TIC SOUTH RIGHT-OF-WAY LPE OF SAD TEXAS a PACIFIC RAILROAD, 34 ,10 FEET TO A CONCRETE MOMj4tNT FOUND, THENCE 4 47.32'55' E, 41.9? FEET TO A 1/2' RON ROO SET WITH CAP STAMPED ' WER a A550C. NG' N PC WEST LVC OF BOCK 3, EOWARO'S )EV19 ADDITION, RECORDED N VOLUME 63, PAGE 2, P.R. T.C,T. • AND THE EAST LJNE OF SAID CITY OF FORT WORTH TRACT, BEND N 4 NON -TALENT CURVE TO THE LEFT, THENCE ALONG THE CURVE TO THE LEFT WITH A RADUS OF 1000.00 FEET. A DELTA ANGLE OF 5'45'21', A CHORD BEARING OF 5 39'34 24' W, 100,42 FEET, AND AN ARC LENGTH OF IOU.96 FEET TO A 7/e' NON ROD FOUL, BEING THE BEGINNING OF A COWOUM CURVE TO THE LEFT, THENCE ALONG INC COMPOUND CAVE TO THE LEFT WITH A RADIUS OF 1075.00 FEET. A DELTA ANGLE OF T•49'39' , A CHORD BEARNG OF 9 32.22'31' W, 146.75 FEET. AND AN MC LENGTH OF 146.66 FEET TO A V2' RON ROD SET WITH CAP STAMPED •WER B ASSOC, INC' , BEM N THE NORTH RIGHT-OF-WAY LPE OF PEMATLVANIA STREET, BEING THE BEGINNING OF A COMPOUND CAVE TO THE LEFT, THENCE ALONG TIC COMPOUND CURVE TO THE LEFT WITH A RADIUS OF 919. 00 FEET, A DELTA ANGLE OF 20'03'13' , A CHORD BEMNG OF S 17.25'37• W, 320.01 FEET, AM AN MC LENGTH OF 321.65 FEET TO A V2' IRON ROO SET WITH CAP STAINED 'WER B ASSOC. NV , BENG THE NORTHWEST CORNER OF SAID LOT 3R AND N THE NORTH RIGHT-OF-WAY LINE OF PRUITT STREET. DENG IN THE BEGINNING OF A COMPOUND CAVE TO TIE LEFT, THENCE ALONG INC WEST UNE OF SAD LOT 3R AND THE EAST UNE OF SAD CITY OF FORT WORTH TRACT AS FOLLOWS, ALONG GAL COMPOUND CAVE TO THE LEFT WITH A RADI19 OF 1477.25 FEET, A DELTA ANGLE OF O'3643' , A CHORD BEMINO OF $ 03'50'24' W, 171.24 FEET, AND AN ARC LENOTN OF 171,34 FEET TO A 5/5' IRON ROD room, 5 00.37'02' W, 271.51 FEET To THC PONT OF BEGMNIG AND CONTAINING 1.104 ACRES 151,575 SQUARE FEET 1 OF LAM. NN \ ti IITH ACC. ‘,,VACATED tY 00.-, W04 &Oa 3 GA .0. COL COM IT VOL. 36a-218 M, a I. AC SS TO WWYO*2I,IVWLTAYOI W MCMala. so,N W l,Q wrG4 nm0 W,YYY ,IMP' W In; • ROOD MCNAAIC PATE NW IMI, Cp1111M1P p1141D 4441/0400 A, PPP AMID maar N, IOEo. Ml ,ra. r of,MEt1Y t' I, 4, KCNL ROM DUMP EaVA 101441 NMARD A co -CAA Roy MC A4 00449 M lit U.1. EpY11YNT 0'I d4UN MI VS=1 0C,601n101T. MONA wawa /12OC1M1oM. W M mow-oasttCt WMCICIt ACKY. 1. TIC MDK WC-0[m •IIY• LLV S FOR DC PIAmP4W M TK •w•. It WM MOT I[R1tAllr DOW My ARAM 40BCT TO n0RM, I•Rrocatp NIW WCSL K1C RNML NM, Mp cAID R MOO= et *CPC COMMIM= CANALS MOM Nm CKNAn LOCAL COMO( TU[M, 110C MAY R O11N STUDIO. MID. ID* WAS, FURIES WIMP OR and 1NAR M EMlnA540C1W MONO W OP ICAO TIC WCt MCC/ DO MR WT CUCC N ADDHIU At NAT 0 DC •w, 1. 1* I?SIJC U1VT73 PIMP NQECI MVP ICED LDATT ITtM PEED SAVED IWCtATOI Mfln Oir IMITI LOCATOR, ACRE WCYNMn 40 dofio TMeC2. TC PMKYT IMC M WAAYICC TACT M A•MOMIM 10V1O COM 0OINHE ML (WI VIUICO IN DC WA, CIICI N Qaa 0' M4PX•10 Mo 9MK101 nCTIO RO Mt CALM TMr lR compowo 011.1IO fCMICNYI W• 1C MKT tcancot PC4TIC, RC MRIM MU NOT CIIKCLT LOCATED TIC 4 W MM,C HAUTE. 4. ML Pr MEI MOO VT N,m CM STAMP O DMA 4AtlCC„ WC!. WILE OINRCt WM. DAY tV CI ALL ODO M VMWrm TO on d3r t.It or Lot UA, Pt*PtAt INGOCODAGAINCT A, tact 2910. I4 o0 4. !Ns wpm 11117110b17 N ACtJOmt COW N CW*I,O1 PM HUSK POMPOM 1WA1 D W MTTW T112, C•-. DTCI-rmtt, vREfC OAR 11181111.1411Y r. 20?. nto WIC 'mwv n, poor. 7, AORCLIWCSICE01100• w0.YC mi. PMLA%w. CC PO.U[UDC, Nt IMO. D.A,T.C.T., M WER M snotnOCRt, 4, t*ICC?E WORMS* MLK 40. PAC HO, YOU* M. Mt I *. YCCPC 40, NM St7, LQNC 40. PAM Cm. MAC W, R M. vow INC DM CO. Y4WIEat. MKCIO. MAC OUP NR 2004. VSUC co.0PEAL L. VUMO ON. PAM m. O.lrL.t. W WM lC BCCCT PROPERTY. TIC SCOT PACWTT D CCIWAMO taw licit EAMooIIE, 0, LMCCN RCO1LT D M Game Pus. OK M. OA.T.C.T,. &CY SOON m ANS NUN iMMN-OPMcb Itl n*L. No wO RI WILT TIC sLcor PrwGn. NNKtM'4 DTATOTLT TO PLAZA WOOL. CENTER or FORT WORTH, CITY OF FACT CMTN, NO MTMN TITLE, 11®@SY STATE TACT TNc GMAT WA4 scot ON TK MOLM, MAT INS MAP CMIMCTLr 110111tLM5 TIC Ronny* AT TIC TAC Of TIC WREN MC THAT MI MOt9LOVl 4MWKE COWIN* TO TIC WNW TIX40 %SCtrr G MMEMM1LL SURVCCOPS STNOMPS NO OELTKATRO FOR I CATEWRY N, CMNTM 1 SLIMY, J'WEE U'UO• 9 0 00 100 t40 WM E. = X C721 cc( LL1 Z PLOT SCALE = 1=80' \\..pro. ‘lresiiiro -4 .400.00 i 'CF' ZONING D' ZONING 'J ZONING ZONING LEGEND( CF' COMM'Jti7TY FACILITIE '0 COMMERCIAL V COMNI RCIAL 1' WILTI FANLY INDu•:TRIAL TSNTN AVE. I4 J ZONING M D' ZONING r 200'R z v 0 .4 D' ZONING NQI'YN AWWN== 'E' ZONING v' zoNIN�_ 11.W .1.1.11.. L I...... I=!j 12t ►� _ AVIIN'Q1 L 'J ZONING �13�1r ♦VL 0 A I 29 ACRES +/- F ZI OITA or G' ZONING Avsxvs 111111'1-! 111I1111111 (LOT •a•) .-%'1111111 L I 111111t1111f111111"111 B1) MEDICAL PLAZA HOSPITAL 'G' ZONINGR • ,. NINTH ♦VZNII1 I = I G' ZONING ' Ir o7 0. i �I t I k,ll I I II`! III G' ZONING B3) PLAZA DAY SURGERY & MEDICAL OFFICE BUILDING (&B4,B6&B6) l0 0 ACRES +/- •a LEGEND CORNER LOT DEDICATION TO CITY EITHER AS LOTS OR ADDITIONAL RIGHT-OF-WAY AT CHOICE OF CITY RIGHT-OF-WAY DEDICATION TO CITY RIGHT-OF-WAY ACQUISITION FROM CITY JOHN STREET - CITY AND HCA MAY BOTH BE BENEFITED BY TRANSFERRING R.O.W. OF JOHN STREET TO HCA EXISTING RAILROAD R.O.W TO BE RETAINED BY CITY LAND SWAP SUMMARY TABLE AREA # DESCRIPTION ACREAGE CORNER LOT DEDICATION 0.29 CORNER LOT DEDICATION 0.43 RIGHT-OF-WAY DEDICATION 1.20 TOTAL DEDICATION TO CITY' . ..' RIGHT-OF-WAY ACQUISITION 0.81 ' RIGHT-OF-WAY ACQUISITION 0.74 RIGHT-OF-WAY ACQUISITION 0.80 TOTAL ACOUISITION PROM CITY EXCLUDING JOHN STREET ,I: _.... .�" 'r; R.O.W. ACOUISITION (JOHN STI 0.09 T01AL ACQUISITION FROM CITY'2. INCLUDING JOHN STREET 44 14 M M M !4 lO$ZDLLZ