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HomeMy WebLinkAboutContract 51437 CITY SECRETARY CONTRACT NO. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and entered into between THE CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas ("City"), acting by and through Jesus J. Chapa, its duly authorized Assistant City Manager, and Pinnacle Consulting Management Group, Inc, a Texas corporation ("Contractor"). RECITALS WHEREAS, City is in need of acquiring certain interests in real property for the Big Fossil Creek Parallel Relief Interceptor Sanitary Sewer Main 402A Proiect, CPN: CO2702 ("Project"); and WHEREAS, City desires that Contractor provide preliminary nonexclusive professional property acquisition services to obtain real property interests for the Project and administer acquisition activities; WHEREAS, Contractor has the requisite professional qualifications, abilities and expertise to provide services in accordance with this Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein expressed and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by each party hereto,the parties agree as follows: AGREEMENT 1. Performance of Services. a. Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all objectives described in Exhibit "A", attached and incorporated yherein for all purposes incident to this Agreement ("Services"). OFFICIAL RECOkD1 rPV-, `pel CITY SECRETARY b. Contractor affirms that it will perform the Services to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of its profession, both public and private, currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt,timely action. C. Contractor guarantees that it has presently or has immediately available for the performance of the Services, adequate equipment, and skilled personnel experienced in land acquisition and acquisition negotiators acceptable to the City when and as needed. The Contractor shall assure that any subcontractors shall comply with this Agreement and that a request for approval for any subcontractors be first submitted to the City prior to any costs being expended by or on behalf of any subcontractor. d. Any personnel assigned to the project may be removed at the written request of the City if their performance or conduct is unacceptable to the City. City acknowledges that changes in personnel by Contractor during the term of the Contract may be necessary due to factors such as attrition, termination or transfer. Contractor agrees to replace any assigned personnel with personnel of similar qualifications and expertise, and City agrees that approval of any assigned personnel will not unreasonably be withheld. e. Contractor will designate a director or manager who is authorized to coordinate all activities between the City and Contractor. f. It is understood and agreed that no professional services of any nature shall be undertaken under this Agreement by the Contractor until Contractor is instructed in writing by the City's City Manager or his designated representative to commence the Services. 2. Term. This Agreement shall be in effect from the effective date of this Agreement and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until City determines the Services have been completed and final payment has been made to the Contractor. 3. Fee. The maximum amount payable under this Agreement is $36,000.00. The City will reimburse Contractor only for specifically authorized work. City agrees to compensate Contractor for Services only up to the maximum amount stated above. Payment from City to Contractor shall be made on an invoice basis following receipt by City from Contractor of a signed invoice. The invoice shall be submitted to City, addressed to Laura B. Morales, Sr. Land Agent, 900 Monroe Street, Suite 400, Fort Worth, Texas, 76102, no later than the 151h day following the end of the month. Nothing in this Agreement shall require City to pay for any work that is unsatisfactory as determined by City or which is not submitted in compliance with the terms of this Agreement, nor shall this section constitute a waiver of any right, at law or in equity, which City may have if Contractor is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. 4. Termination. Either party may cancel this Agreement at any time and for any reason by providing the other party with thirty days written notice of termination. In the event this Agreement is terminated prior to expiration of the Term, City shall pay Contractor only for Service actually rendered as of the effective date of termination. 5. Independent Contractor. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Contractor shall have exclusive control of and the exclusive right to control the details of the Services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, subcontractors and program participants. The doctrine of respondeat superior shall not apply as between the City and Contractor, its officers, agents, servants, employees, subcontractors, or program participants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, agent, employee, or subcontractor of Contractor is in the paid service of City. 6. Indemnification. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND,AT ITS OWN EXPENSE, CITY AND ITS OFFICERS,AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER ARISING OUT OF OR IN CONNECTION WITH THE CONTRACTOR'S EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN.; AND CONTRACTOR 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 CONTRACTOR'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE CONTRACTOR EXERCISES CONTROL. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY,ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONTRACTOR ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS. CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY CAUSED AS A DIRECT RESULT OF THE CONTRACTOR'S PERFORMANCE UNDER THIS AGREEMENT. Contractor shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. This Section 6 shall survive the expiration or termination of this Agreement. 7. Insurance. During the term of this Agreement, Contractor shall procure and maintain at all times, in full force and effect, a policy or policies of insurance that provide the specific coverage set forth in this Section 7 as well as any and all other public risks related to Contractor's performance of its obligations under this Agreement. Contractor shall specifically obtain the following types of insurance at the following limits: • Commercial General Liability: $1,000,000 per occurrence; providing blanket contractual liability insurance products and completed operations; independent contractor's liability; and coverage for property damage to City facilities; and • Errors & Omissions (Professional Liability): If coverage is written on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state that the coverage is claims-made and include the retroactive date. The insurance shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence coverage. Coverage shall be in the following amounts: (1) $1,000,000 per occurrence or claim (2) $2,000,000 aggregate Contractor shall promptly provide the City with certificates of insurance that verify Contractor's compliance with the insurance requirements of this Agreement. The City's Risk Manager shall have the right to review and evaluate Contractor's insurance coverage and to make reasonable requests or revisions pertaining to the types and limits of that coverage. Contractor shall comply with such requests or revisions as a condition precedent to the effectiveness of this Agreement. 8. Assi ng meet. Contractor shall not assign or subcontract all or any part of its rights, privileges or duties under this Agreement without the prior written consent of City, and any attempted assignment of subcontract of same without such prior written approval shall be void and constitute a breach of this Agreement. 9. Compliance with Law. Contractor, its officers, agents, employees and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Contractor any such violation on the part of Contractor or any of its officers, agents, employees or subcontractors,then Contractor shall immediately desist from and correct such violation. 10. Non-Discrimination. Contractor, in the execution, performance or attempted performance of this contract and Agreement, will not discriminate against any person or persons because of disability, age, familial status, sex, race, religion, color or national origin, nor will Contractor permit its officers, agents, employees, or subcontractors to engage in such discrimination. This Agreement is made and entered into with reference specifically to Chapter 17, Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and Contractor hereby covenants and agrees that Contractor, its agents, employees and subcontractors have fully complied with all provisions of same and that no employee or employee-applicant has been discriminated against by either Contractor, its agents, employees or subcontractors. 11. Right to Audit. Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. Contractor further agrees to include in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor 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 any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. This Section 11 shall survive the expiration or termination of this Agreement. 12. Fiscal Funding. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 13. Entire Agreement. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement, which purports to vary from the terms hereof shall be void. 14. Venue and Jurisdiction. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance of this Agreement, venue for said action shall lie in Tarrant County, Texas. 15. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below: 1. CITY: Laura B. Morales, RWA, Senior Land Agent; and Leo Sumner, Land Agent Property Management Department City of Fort Worth 900 Monroe Street, Suite 400 Fort Worth,TX 76102 Notices continued: Copy To: Leann Guzman, Senior Assistant City Attorney Chief—Real Estate & City Facilities Section Law Department 200 Texas Street Fort Worth,TX 76102 2. CONTRACTOR: 1A a(-o,7 )V72p C� Pinnacle Consulting Ma ement Group, Inc. 1400 Brown Trail, Suite A Bedford,Texas 76022 16. Non-Waiver. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or District's right to assert or rely upon any such term or right on any future occasion. 17. Disclosure of Conflicts. Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services and proposed services with respect to the Project. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing. The City acknowledges that Contractor may use products, materials or methodologies proprietary to Contractor. The City agrees that Contractor's provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials or methodologies unless the parties have executed a separate written agreement with respect thereto. Notwithstanding the foregoing, Contractor understands and agrees that the City is subject to various public information laws and regulations, including, but not limited to, the Texas Open Records Act. Contractor, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to any third party without the prior written approval of the City. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. Force Majeure. The City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. Headings not Controlling Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. [SIGNATURES APPEAR ON FOLLOWING PAGE.] IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples in Fort Worth, Tarrant County, Texas,to be effective as of g�'t , 2018 (the "Effective Date"). FORT X01% T T: �;' `:�� ITY OF FORT WORTH U ity Secretary UI�j(AS Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Leann Guzman, SeniorAssistant City Attorney Chief—Real Estate & City Facilities Section Date: I l/ CONTRACTOR: Pinnacle Consulting agement G1=oup, Inc By: Title: /2E;2/DC CONTRACT COMPLIANCE MANAGER By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. I Q Name: SAV 6 Title% —A, Date: /0) 131, 13 No M&C Required CPN 2702 Fossil Creek Parallel Relief OFFICIAL ]TX B sf.0 FT,WO EXHIBIT "A" SERVICES PIN NACLE CONSULTING 'v1ANAGLML-NI GROUP, INC. PERSONNEL We pride ourselves on the caliber of project managers, and agents Pinnacle assigns to projects. Pinnacle staff members are professionals who have considerable experience providing right of way acquisition, land acquisition, relocation assistance and property management in accordance with the Uniform Act. Our personnel have worked on projects for government agencies and private sector clients and have successfully completed projects in accordance with contract requirements. In addition, we encourage our personnel to be involved with the International Right of Way Association (IRWA) at the local chapter level and further his or her education by taking courses offered by the IRWA in order to become discipline certified with the goal of attaining the IRWA senior designation (SR/WA). The following Pinnacle personnel who are located in the Dallas/Fort Worth area and have experience in providing both acquisition and condemnation assistance services for city and state projects in Texas. Marcus Boyd, R/W-URAC, SR/WA, R/W-RAC, R/W-NAC Vice President Sarah Riebe, SR/WA, R/W-NAC Project Manager Lead Title and Condemnation Juan Salazar Project Manager Lead Negotiation Shawna Helterbrand Right of Way Agent Ana Salazar Right of Way Agent Ana Ortiz Right of Way Agent Project Management Approach -The Project Manager will be responsible for the daily management of project activities and will carry a parcel workload. The Project Manager will assign project tasks to agents and will be responsible for monitoring project schedules, project budgets, and attend scheduled status meetings with the City project personnel. In addition, the Project Manager will coordinate Condemnation Services with representatives for the City of Fort Worth and will work closely with each city representative to coordinate efforts to ensure that project schedules are maintained. 3 PINNACLE CONSULTING MANAGCMLNT GROUP, INC. PROJECT APPROACH Pinnacle will approach the project committed to determine the scope of services to be provided; the unique situations which are present and how best to proceed with the project in terms of staffing and overall project approach. Although every action undertaken by Pinnacle will be in accordance with the City's guidelines, we carefully review each appraisal, easement acquisition situation to determine if each unique circumstance requires unique solutions and how best those should be incorporated. A professional approach is always our objective as well as a commitment to provide the highest quality service and assistance to those persons impacted by a project. WHAT WE KNOW ABOUT THE PROJECT The Big Fossil Creek Parallel Relief Phase 2 Project includes Sanitary Sewer Main improvements along Big Fossil Creek. The project consists of nine (9) parcels with easements in 16 different areas along the creek based on our review of the surveys provided. The project is based on five (5) Permanent Sewer Facility, seven (7)Temporary Construction and four(4)Temporary Access Easements. The project does not include any acquisitions that result in relocations, but it is in close proximity to a single-family residence near Parcels 5-6. HOW WE WILL MANAGE THE PROJECT The first and most important consideration is timely and accurate communication. The communication between the City, the property owners and the team on the ground is critical to meeting project deadlines. Timely reporting of appraisal, title, negotiation, relocation, and condemnation progress will ensure that we will successfully complete the project on or ahead of schedule. Pinnacle Group has a proven record with other clients in managing major projects throughout Texas. Our ability to effectively communicate with all associated parties is evidenced by the number of successful projects completed under our direction. A second consideration that ensures the successful completion of the project is the ability to manage change. Every project schedule is subject to multiple changes, including utility coordination that must be factored into prioritizing appraisal, title, negotiation, relocation and condemnation efforts. The ability of Pinnacle Group to shift and reschedule priorities ensures a smooth flow in the overall project schedule. Members of Pinnacle Group successfully worked on various projects statewide with extremely aggressive schedules, managing changing priorities at a moment's notice. Pinnacle Group's ability to plan and anticipate change enhances our ability to succeed in bringing projects in on schedule. Another consideration in the successful management of a project is Pinnacle Group's ability to manage the field staff. In order to meet project milestones and schedules, we must be able to recognize the abilities of the staff members. Individual goals must be set and monitored to meet the overall project schedule completion. If individuals are unable to meet these individual goals or the client identifies concerns regarding a particular staff member, appropriate action must be taken to address the individual's performance. Pinnacle Group has successfully managed personnel on 4 PINNACLE CONSULTING MANAGEMENT GROUP, INC. various projects statewide and will continue to succeed in delivering quality and timely projects for our clients. A final consideration is Pinnacle Group's ability to assist the client in maintaining the project budget. Pinnacle Group has a proven track record of negotiating prudent and sound settlements that minimize the risk involved with the condemnation process. BENEFITS OF SELECTING PINNACLE GROUP Pinnacle Group is different from other right-of-way companies as right of way is our one and only focus. We are not a construction or engineering company that only has a small right of way department. We are a small, DBE, majority woman-owned business that does not have the high overhead of a larger engineering company. Our company structure enables us to charge lower fees for similar services with higher quality. With right of way being our only source of revenue, it is our only focus and requires our best efforts as there is no other service for us to fall back on. Another aspect of our company that sets us apart is our diversity. We have 7 English/Spanish bilingual employees located in Texas and another employee who is Vietnamese/English bilingual. I don't believe there is another right of way company that has at least 25 employees located in Texas in which 8 are bilingual. PROJECT MANAGEMENT& TIMELINE: Title: Pinnacle Group has title specialists who have right of way experience. They are well-versed not only in reviewing title, but in exploring methods to resolve title curative issues both for the timely closing of parcels by deed and for use in the preparation of condemnation packages consistent with agency policies. Negotiation: Pinnacle Group will work closely with our clients to provide negotiation services. Pinnacle Group will prepare an Offer Package including the Landowner Bill of Rights in accordance with agency Standards, Senate Bill 18 and the Property Code for each assigned parcel. In addition, Pinnacle Group will meet with respective landowners and landowner's representatives. Pinnacle Group will respond in a timely manner to both landowners and/or their representatives both orally and in writing. Pinnacle Group will utilize detailed contact reports for each contact made with landowner and/or their representatives and retain these reports in the master file. The administrative settlement and condemnation process will be explained in detail to the landowners and/or landowner's representatives. In addition, Pinnacle Group will provide the necessary information to the City of Forth Worth for the administrative settlement procedure. Subsequent to any settlement hearing or review, Pinnacle Group will notify the landowners and/or their representatives regarding the City's decision relative to their counter offer. Pinnacle Group will prepare a final offer package, including a final offer letter, conveyance document and Landowner Bill of Rights. Finally, the Negotiators will appear and provide expert testimony as requested for special commissioner's hearings. Condemnation Support: If negotiations should fail, the condemnation process will be timely initiated to maintain the compressed parcel acquisition process. In the event that condemnation is necessary, Pinnacle Group will provide all condemnation support and will conform to all applicable laws, rules and regulations, governing the right of way condemnation by the City. Upon preparation and mailing of the final offer letter, Pinnacle Group prepare documentation for the City Attorney for special commissioner hearing purposes. Pinnacle Group will assist in filing the Petition for Condemnation, Notice of Lis Pendens (immediately via e-recording), Order Appointing Special Commissioners, Oath 5 PINNACLE CONSULTING MANAGEMENT GROUP. INC. of Special Commissioners, Order Setting Hearing, Notice of Hearing and all other necessary documentation for initiation of condemnation proceedings for the City Attorney. The following represents our approach to providing Easement Acquisition Services for nine (9) Parcels. ♦ Project Kick-Off Meeting and Initial Acquisition Services This meeting is perhaps the single most important step in the entire process based on our past experience in providing consultant right of way services. The purpose of the kick-off meeting is for our project staff to meet with the City project staff to review the work to be performed, and also to clarify procedures and documentation expected by the City. 0 Review of Appraisal Reports. The appraisal reports prepared by the appraiser and review appraiser will be carefully reviewed to verify what property is being acquired as real property. ♦ Administrative and Management Pinnacle Group strongly believes in keeping the City fully aware of what actions are underway, including issues which need the attention of City personnel. We propose to meet with the City as needed; however, strongly suggest there be a monthly review meeting of the project activities. This meeting will serve to review the project schedule, issues related to displacements which may require special attention. 0 Pinnacle Group will maintain a complete status report of all project activities including scheduled and actual dates of key events. Status reports will be provided on a weekly/bi-weekly basis, or as requested by the City in an approved format. In addition, Pinnacle Group will maintain a time line of project activities and a record of all payments to property owners. PROJECT FEES Proposed fees for the project are based on the easement acquisition of nine (9) parcels: Acquisition Services—$2,500.00 per parcel Pinnacle will submit monthly invoices based upon the following milestones: Acquisition: Offer Delivery—50% of fee ($1,250.00) Final Offer Letter or Requesting Payment of Signed Easement—40% of fee ($1,000.00) Closing of Parcel, Submission of Closed File with Title Policy— 10% of fee ($250.00) Condemnation Support Services: $1,500.00 per parcel 6 .--...APINNACLE CQNSULHNIG MANAGLM2T:1 GROUP, INC. PROJECT OFFICE All services for the City of Fort Worth will be coordinated through our Texas Corporate office at the following address: 1400 Brown Trail, Suite A Bedford, TX 76022 Project Contact: Marcus Boyd, Vice President Telephone: 972-979-2850 E-mail: mboyd@pinnaclegroup.biz 7 .•�\ ,, gym. / l I / I l �\ g II � 14, I I I ,I I r''