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HomeMy WebLinkAboutContract 17431 .. oil .. AGRELZIF'NT STATE OF TEXAS CITY SECRETARY COUNT' OF TARRANT rONTRACT No. I 7WJ T)i,q agreement. ` �t ��jeement" ) is made and entered into this day of fit _ _., 1989, the effective date hereof, �t Fort Worth, 1axas, by and between the City of Fort 'Worth, a municipal corporation, acting by and through Lts duly authorized City Manager ( 'thc "City" ) , and Dunaway Associates, Inc. , a aorporati.on authorized to do business in the Mate of Texas and maintaining an office and place of business in. Tarrant Count, Texas, acting by and through Michael J. Nelson:, its duly authorized Executive 'ice-President (the "Surveyor" ) . ARTZCbi� i SERVICES Section 1 . For and in consideration. of the covenants and agreemcnt.s of the parties, the Surveyor .xs to perform the describ6d services with di ."igence and ,.;rdance with the highest professional standards cj4toma. :-escribed for such services in the State of Texas by th, j,-_ Surveying Practices Act of 1979 and by the Texas Surveyors Association x The services to be performed by the Surveyor shall ,include contro". points, plats , title searches, Metes and bounds description=s, and all other necessarlr land surveying work, as specified by the City. The Surveyor acknowledges that it may be one or two or more independent contractors , any of which may be provi6ing like services to the City at separate sites simultaneously. Further, the Surveyor acknuwledges at the services requested by the City will supplement likes sere-.:es by City employees to improve job completion rates during times of abnormal work loads . This Agreement does not gaunt any right of the Surveyor to provide services unless initiated by and requested by the City based upon the City"s evaluation of its work load end needs. Section 2 . The services to be per1onaed by the Surveyor shall include; A. When requested by t"Le City, tie Surveyor shall provide a final plat of the Southwest Recreation Center that meets the specifications and requirements of the Department of Development. The Surveyor shall, xespond to all comments aboul: the 1Einal. plan. received from the Dep&rtment of Dev lc�p�ient and shall. make any necessary alterations to the plat. B. The Surveyor shall, provide, topographic and mapping services required for constructions plans as requested Architect, Roger Glasgow. O. ., r OA ON SECIRIAIT C In the per fonna,nce of �-,tl ! se ry ices the Suiveyor agrees to and shall. indemnify and =cold harmless the City, its oEficers, agents and employees, from and against any and all claims, lasses damages , causes of a,.:t.ion, suits and liability of every kind, including all expenses of litigation, court cosi°s and attorneys fees for injury to or death of any person or for damages to any property, arising out of or in connection with the work clone by the Surveyor under this Agreement whether such injuries , death, damages , causes of action,, wits or liabilities arise or are caused by the City' s sole negligence or the joint negligence of the City or any other person or entity. D . The original notes and descriptions shall, be prepared in accordance with sample notes and descriptions furnished to the Surveyor by the City c.-,r as otherwise required by the Department of Development . The original notes , descriptions and or. g-JInal drawings shall become the property of the C `�y. ARTICLE II COMPENSATION For all hand surveying services performed, including but not limited ' to all expenses for and provisions of payroll , super-"V-t-w lion, overhead, profit, insurance, benefits , :local travel , iiup.- pl i:.es , and i.ncidetntal.s, the City agrees to pay the Surveyor a fee not to exceed $ 1 , 695 . 00 , representiry.g $1 , €130 . 00 for tlte. final plat and $665 . 00 for the top^graphic and rnapaing services In no even. t shall the payment by the City to all zvork and services performed be mach; for work and s�-..c ices pe rforwaz'd after one year from the date this Agreement is signed by the City, paymp,nt shawl be made upon recei.ptu. and apnrova.l. by the City of an invoice frnrr, ::he Surveyor. ARTICLE III TRANSFER OF AGREEMENT The Surveyor shall not assign or transfer, in whole car :in pant, its interest in this Agreement ,7N,thout the prior written consent of the City, which coasent will not be unreasonal',ly with- held . ARTICLE IV TERMINATION OF AGREEMENT Section 1. The City may terminate this Agreemeat; at any tame and for any cause by giving notice in wri.tIng to the Surveyor. Upon receipt of the notice, the Surveyor shall immedi- ately (i.) discontinue all services and work; ( ii ) ceaN,je placing order ox• entering into contracts for supplies , assistance, facilities and materials in connection with the performance of this Agreement and ( iii) cancel all existing contracts, insofar as they are chargeable to this Agreement , Ser:t l,on 2 . if the City terminates this Agreemer.t under Section 1 , the City shall pay tha Surveyor at contract amounts for services performed prior to termination. Section 3 . All completed or � art.ially completed original documents prepared under this Agreement. shall become the property of the City when the Agreement is terminated, and may be used by the City in any manner it desire-s- p.,covided, however, that the Surveyor shall not be liable for the use of such documents for any purpose other Chap as described when requested. x. ARTICLE fit` INDEPENDENT CONTRACTOR The Surveyor agrees that : J.t will perform the work as an independent contractor and riot as an officer, agent, servant or employee of the City; it shall have exclusive control of and the exclusive right to control the details of the work performed he.ra­ under and all persons performing the work, and i.t shall ��e liable for the ;Acts and omissions of its ol;fice-s , averts exnplo ,rees, contractors , subcontractors , and consultants ; the doctrine of respondeat superior shall not apply as between the City and the Surveyor, its officers , agents , employees , contractors , su.bc On- tractors and consultants, and nothing herein shall be wonstrued. as creating a partner or a joint enterprise between the City and t:he Surveyor . In accordance with the Land Surveying Practices Act of 1979 , the City is informed: that any complaints about surveying services may .be forwarded td.) the Texas Board of Land Surveying, 1106 171ayton bane, Suite 21OW, Austin, Texzts 78723 , ( 5?2 ) 452-9427 . ARTICLE VI INSURANCE Without limiting the indemnification' of the City by the Surve-i-,-)r, the Surveyor or any subcontractor shall not comaence work under this Agreement until it has jbtaiaed the intiorance required under this article and such insurance has been approved by the City. The insurance shall be of the following types in the respective minimum amour= s . Bodily Injury or Death Liability $250, 000 ( for each person) Bodily Injury or Death Liability $500, 000 ( for each single Property D3raqe Liability occurrence) $100, 000 ( for each single occurrence) Contractual Liability Same as all of the above Workers , Compensation Statutory L_* Mits Umbrella Liability Policy $ir000r000 The Ii.surance coverage shall be maintained thrcughoat the period eriod that the Surveyor furnishes its services and shall not be cancelled, mndified or' alter-d irt any manner r without ;)rior writ- ten notice 'io the City. Upor, the signing and return of this Agreement by the :3ury yor,, a Certificate of Insurance whiAl he furnished to the ity as evider.Ze that tLe required insurance coverage has been obtairke(l. The certificate shall, contain the provision that t-he insurance shall not be cancelled, modified nir - altered without 30 days ' prior writ ten notice to the City. ARTICLE VII VENUE Verue of any suit or causL.- of action under this Agre-ement shall li:? :Ln Tarra'at C'ouaty,, Texas . ARTIME VIII NOTICES All notices to the City shall be sent to: Real Property Manager City of Fort Worth '1000 Throckmorton Street Fort Worth, Texas 76102 ti All notices to Suvieyor shall be sent to Uanaway Aasoc i.ates, Iftc 4100 internttional Plaza ` fir II , Suite 636 Fort Forth, Texas 76109 ARTICLE IX E IRE AGREEMPNT This :Agre+emk4nt shall constitute the entire agrewmnt of she City and Surveyor and shall supersede any prior aqrr�e��ntis , either oral or written, pertaining to the contemplated services The parties hereby execute hl.s Agrees nt, in t rip1 i-, sate originals on the _ day of .,. .... . .� 1989 . .ATTESTt CITY OF F RT WORTH Byl /VVY -I-J'� R , ity Secretary hoolft!,At� anager "PROVED .AIS T FORM AND LEGALITY r s .Assistant City Attorney Dates ATTEST: DUI t04AY ASSOCIATES, INC. i _ p �yy Not:aky Michael J. Nel3on Executive Vice President APPROVAL RECOMMENDED: L, Coat ract iwthorlzal I M.ic;ha 1 E . `ryleg , Di ector Real P -operty Management STATE OF T&,M C01UNT" Or TARS 9 139FORS ME, the undersigned aathority, a rotary Public in and for the State of Texas , on this day personally ztappea,red known to me to be the person whose name is SUbSCribed to the foregoing instrument, and acknowledged to ivy that the sbA0 was the act of the City of Fort Worth and that he executed, the same: as the act of the city of rort worth for the purposes and cons idevat on therein exprezzed and it the capacity therein stated. C1 N UND R MY H"D AND SEAL OF OFFICE this � � day of 1989 . j Notary pu i� in and for v tSy ramne? afv,~ the State of Texas pie s Notary's fame Printed " , STATE ' TES COUNTY OF TATIRANT �► kWWORE ME, the undersigned authority, a Notary Public— in and for the :'Mate of Texas , on this dad, personally appeared Michael. Jo Nelson, known to me to be the person whose name in subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Ounnaway ;soc iattes, Tnc. , and that tie exeouted the same as the act of Dunaway Associates, Ine. , f'oz the purposes and conaiderat,ioxl therein expressed and in the capacity therein stated. GIVRN YNDER M s 9-7 �� � ��A�', ��' Q�`���"� this �: ' day of 4P 3989 r f_. Notary Public in and for t:hj State of Texas My Commission expires-, Notra Ley' s NaMe Prizited r I J 1 Nntary '(j Pyttlti $2ylr. +li Tera' 1 ,i. A4y (:c3fiMitYinr.:,ntre4 q,1`+i�i