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HomeMy WebLinkAboutContract 46628 coTy sEcRUAW CONTRACT NO. o AGREEMENT FOR PROFESSIONAL, SERVICES' I 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 Fernando Costa, its duly authorized Assistant City Manager, and Teague Nall and Perkins, Inc, a Texas corporation("Contractor"). 1 I RECITALS 1 WHEREAS, City is in need. of acquiring certain interests in real property for the Will Rogers Memorial Center Multipurpose Arena("Project"); and WHEREAS, City desires that Contractor provide preliminary nonexclusive professional property acquisition services to obtain real property interests for the Project and administer j acquisition activities; i j WHEREAS, Contractor has the requisite professional qualifications, abilities and I� expertise to provide.services in accordance with this Agreement. 1 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: CQ I a j o AGREEMENT ! w w w 1. Performance of Services. ce- a. Contractor covenants and agrees to fully perform, or cause to be performed, with 1 good faith and due diligence, all objectives described in Exhibit "A", attached and incorporated herein for all purposes incident to this Agreement ("Services"). d OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX V ' i i �I i b. Contractor affirms that it will perform the Services to the prevailing professional I 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. 1 I 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 f 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 I factors such as attrition, termination or transfer. Contractor agrees to replace any assigned I personnel with,personnel of similar qualification.and expertise, and City agrees that approval of J 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. E 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. i I 2. Term. This Agreement shall be in effect from the effective date of this Agreement and 1 i unless terminated earlier pursuant to such provisions in this Agreement, shall extend until City i 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 $15,000.00 The. City will reimburse Contractor only for specifically authorized work. City agrees to I �A I f 1 i 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 Deanna Cody, Interim Assistant Property Management Director, 900 Monroe Street, Suite 404, Fort. j Worth, Texas, 76102, no later than the 15'�' 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 i 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 t subsequent default. i i 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 1 respondeat superior shall not apply as between the City and Contractor, its officers, agents, i 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 i I expressly understood and agreed that no officer, agent, employee, or subcontractor of Contractor i is in the paid service of City. I 6. Indemnification. RIGHT OF WAY CONSULTANT COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, I AGENTS, SERVANTS,AND EMPLOYEES. FROM AND AGAINST ANY AND ALL CLAIMS I C i i i 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 ROW CONSULTANT'S EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN.; AND ROW CONSULTANT SHALL INDEMNIFY, HOLD.HARM LE SS,AND DEFEND TH E CITY AG AIN S T LIABILITY FO R AN Y D A MAGE 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 ROW CONSULTANT'S i AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH. THE ROW CONSULTANT` EXERCISES CONTROL. ROW CONSULTANT 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 ROW CONSULTANT ITS OFFICERS, MEMBERS, I AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS. ROW CONSULTANT 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 ROW CONSULTANTS PERFORMANCE UNDER THIS AGREEMENT. I 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. i This Section 6.shall survive the expiration or termination of this Agreement. i 7. Insurance. i I i I i I 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 1 insurance at the following limits: I ® Commercial General Liability: $1,000,000 per occurrence;providing blanket contractual liability insurance products. and completed operations; independent contractor's liability; and coverage for i property damage to City,facilities; and j ® Errors &.Omissions (Professional Liability): If coverage is written on a claims-made basis; the retroactive date shall be coincident a + 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 4 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 jinsurance submitted to the City shall evidence coverage. Coverage shall be in the following amounts: j (1) $1,000;000 per occurrence or claim (2) $27000,000 aggregate i i Contractor shall promptly provide the City with certificates of insurance that verify Contractor's ; i 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 I which such requests or revisions as a condition precedent to the effectiveness of this Agreement. i 8. Assignment. 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 I I ; I i I I d 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 jI 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 i discrimination. This Agreement. is made and entered into with reference specifically to Chapter 17, Article tII, 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, i 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 a ents 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 I 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. i I i I i j Contractor further agrees to include in all of its subcontractor agreements hereunder a r provision to the effect that the subcontractor agrees that the City shall, until the expiration of I 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. I This Section 11 shall survive the expiration or termination of this A-ereenment. i i i 12. Fiscal Funding. In the event no funds or insufficient fiords 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 i 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. i 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 I said action shall lie in Tarrant County, Texas. i J 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: I I L CITY. Deanna Cody, Interim Assistant Director Property Management Department City of Fort Worth j 900 Monroe Street, Suite 404 Fort.Worth,TX 76102 I I i Copy To: Leann Guzman,Assistant City Attorney Law Department j 1000 Throckmorton Street i Fort Worth, TX 76102 2. CONTRACTOR: W. L. Wimberle. , P.E. E. Teague Nall and Perkins,Inc. 1100 Macon Street Fort Worth, Texas 76102 i I 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. j17. 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. I i 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 Iagreement with respect thereto. Notwithstanding the foregoing, Contractor understands and agrees that the City is subject to various public information laws and regulations, including, but i not limited to, the Texas Open. Records Act. Contractor, for itself and its officers, agents and I i i i i jemployees, further agrees that it shall treat all information provided to it by the City as i confidential and shall not disclose any such information to any third parry without the prior ! written approval of the City. I i 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. I 19. Force MgjL eure. 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. I 20. Headings not Controlling. Headings and titles used in this Agreement are for reference i purposes only and shall not be deemed a part of this Agreement. [SIGNATURES APPEAR ON FOLLOWING PAGE.] i I i i { I I ! IN WITNESS WHEREOF, the parties hereto have executed #1is Agreement in multiples in Fort f Worth, Tarrant County, Texas, to be effective as of , 2015 (the "Effective Of Date") I .a"�v'o:gtl ATTEST: 4a��F -ho CITY OF FORT ORTH o°°oo � � 4. d 4 VaL o Ci Secret °oa° Assistant Ci Manager ° f APPROVED AS TO FORM AND LEGALITY: earn Guzman.. Assistant City Attorney I Date: CONTRACTOR I Teague Nall &Perkins, Inc. By: ' No M&C Required i I I OFFIC0A9.RECORD I CITY SECRE-MARY FT. WCRymp p� 1 EXHIBIT „A„ SERVICES S PROPOSAL OF ROW SERVICES ICES CITY OF FORT WORTH WILL ROGERS MEMORIAL CENTER EXPANSION i To: Deanna Cody Manager Transportation and Public Works Department j 900 Monroe Street, Suite 404 I City of Fort Worth Project: Bodycote USA, Inc. 2005 Montgomery Street Lots_ 1-7, Block 13 and Lots 1-2, Ross Heights.Addition 1 GENERAL.SCOPE: TNP will provide negotiation and closing services with respect to the City of Fort Worth's intent to acquire the subject property to support the expansion of the Will Rogers Memorial Center. Services will comply with City of Fort Worth. Standards and the requirements of Texas Senate Bill 18. TNP will coordinate the. Acquisition Process with Relocation Assistance process to ensure clarity of the combined processes with-the property owner. i -SPECIFIC SCOPE: 1.1 Project Administration I 1..1.1 Communication 1.1.1.1 Prepare and deliver monthly invoice for each active Work-Authorization to �., City Staff. Prepare invoices utilizing City standard payment submissions i C= forms with supporting documentation. cl ev 1.1.1.2 Attend status meetings with:appropriate City Staff. Date,time and location { Q are determined by City Staff. t 0 1.1.1.3 Provide bi-monthly written report to City Staff on the status of service tasks 1 completed and service tasks remaining. in order,to bring the parcel,into w possession of the City. The reporting format will be determined by the City c_ Staff. w cc 1.1.2 File Management 1.1.5.1 Primary project and parcel files will be kept in the TNP Office with permanent records transferred to the City as Office of Permanent Record. The format for type of file folders and document order and placement are determined by City Staff. I I - 1.1.2.2 Maintain records of all payments including, but not limited to, warrant ' number, amount, date paid, etc. i 1.1.2.3 Maintain copies of all correspondence and contacts with property owners. j 1.2 Title and Closing Services(combined). i 1.2.1 Secure preliminary title commitment or preliminary title search, and 5-year sales data from Title Company that will be providing title insurance. The charges from the Title Company for the preliminary title commitments will be paid for by the.City. i 1.2.2 Secure title commitment updates in accordance with insurance rules and requirements for parcel payment submissions 1.2.3 Secure title insurance for all parcels acquired, insuring acceptable title to the City. Written approval by the City required for any exception. 1.2.4 The curative services necessary to provide clear title to the City is the responsibility of the Provider. 1.2:4.1 Cost of curative services must be included in the negotiated fee schedule for'this service. f l 1.2.4.2 Curative services do not include costs/expenses that qualify as payment of incidental expenses to transfer real property to the:City. 1.2.5 The'Provider has the responsibility of direct`contact with the Title Company to obtain on updated title commitment along with other forms and certified copy of the I instrument of conveyance necessary when requesting the Parcel.Payment from City Staff. 1.2:6 he Provider provides closing services in conjunction with the Title Company:and T P 9 J will be required to attend closings. 1.2.7 Any fee related to obtaining certified court documents and fees for recording same which are not collected at the closing of the parcel shall be direct pass through fees at the exact cost supported by the county court house receipts i 1.2.8 Provider shall cause the recordation all original instruments immediately after closing at the respective County Clerk's Office,. The cost of the.recording fees and filing fees are paid by City and must not be included in: the Provider's negotiated fee schedule. i i i 1.3 Negotiation Services 1.3.1 Analyze preliminary title report to determine potential title problems, propose and inform City Office of methods to cure title deficiencies. This includes analysis of access easements. i 1.3.2 Analyze appraisal and appraisal review reports and confirm the City's approved value prior to making offer for each parcel. i i i 1.3.3 Prepare and send the letter transmitting the Landowners':Bill of Rights by Certified Mail-Return Receipt Requested (CMRRR). 1.3.4 Prepare the initial offer letter, memorandum of agreement, instruments of conveyance, and any other documents required or requested by the City on i applicable City forms. 1.3.5 The written offer, appraisal report and required brochures must be sent to each property owner or the property owner's designated representative through CMRRR. Maintain follow-up contacts and secure the necessary instruments'upon acceptance of the offer for the closing. Retain copies of the unsigned CMRRR t receipt and the appraisal as support for billing purposes. 1.3.6 Respond to property owner inquiries verbally and in writing within two(2)business i days. j1.3.7 Prepare a separate negotiator contact report for each parcel, per contact. I 1.3.8. Copies or working and final"file documents may be kept by the Provider. Parcel d files of original documentation related to the purchase of the real property or property interests will be maintained. 1.3.9 Receive any counteroffers from the. property owner. Evaluate all counters submit and discuss them with the City's Project Manager. 1.3.10. After concurrence of City Project Manager, prepare final`offer letter, and mail the i documents of conveyance by CMRRR. ; 1.3.11 Appear and provide Expert Witness testimony as a Provider when requested 1.3.12 Issue Property Owner's Survey to the property owner. 1.3.13 Securing a Right of Entry or Possession and Use Agreement is part of eq neral i .Negotiation Services. FEE: TNP proposes to provide the above described'services to the City of Fort Worth for a fee not to exceed$8500.00, Services will be billed at the hourly rate of the various staff disciplines necessary to,complete the work.The rates will be in accordance with the attached'hourly rate schedule. Upon acceptance of this proposal of work, a' contract between the City of Fort Worth and TNP will be prepared and executed i Vol /5- Bill Wimberley Date Deanna Cody Date I I ATTACHMENT`A' TEAGUE WALL AND PERKINS,.INC. Standard Rate Schedule for Time and Expense Contracts Effective January 1, 2015 to December 31, 2015* Engineering/Landscape ArchitecturelROW From Td Principal $190 - $240 Per Hour Team Leader $155 - $220 Per Hour Senior Project Manager $160 - $225 Per Hour Project Manager $110 - $175 Per Hour Senior Engineer $180 - $226 Per Hour Project Engineer $95 - $160 Per Hour Engineer III/IV $105 - $1.25 Per Hour Engineer 1111 $`85 - $105 Per Hour Landscape Architect/Planner $110 - $190 Per Hour Landscape Designer $70 - $100 Per Hour Senior Designer $105 - $130 Per Hour Designer $100 - $120 Per Hour Senior CAD Technician $85 - $110 Per Hour CAD Technician $60 - $100 Per Hour IT Consultant $95 - $1.55 Per Hour Environmental`Planner $80 - $100 Per Hour Cleri cal $50 _ $80 Per.Hour Resident Project Representative $75 $120 Per Hour i ROW Manager $95 - $130 Per Hour Senior ROW Agent $90 - $125 Per Hour ROW Agent $75 - $100 Per Hour Relocation Agent $85 - $110 Per Hour Senior Utility Coordinator $85 - $115 Per Hour i Utility`Coordinator $70' - $95 Per Hour Intern $40 - $60 Per Hour I Surveying Survey Manager $.150 - $200 Per Hour Registered Professional Land.Surveyor(RPLS) $130 - $160 Per Hour Field.Coordinator $90 $110 Per Hour i S.I.T..or Senior Survey Technician $65 - $110 Per Hour Survey Technician $65 - $100 Per Hour 1-Person Field Crew w/Equipment** $120 Per Hour 2-Person Field Crew WEquipment** $145 Per Hour 3-Person:Field Crew w/Equipment** $165 Per Hour 4-Person Field Crew w/Equipment" $1.90 Per Hour Flagger $40 Per Hour Abstractor(Property Deed Research) $85 Per Hour Subsurface Utility-Engineering (SUE) Hourly Rate 1 SUE Project Manager $185 SUE Engineer $160 Sr. Utility Location Specialist $95 Utility Location Specialist $75 1-Person Designator Creww/Equipment $115 2'-Person Designator Creww/Equipment $135 2-Person Vacuum Excavator Creww/Equipment $220 (Travel and Stand-by) SUE QL-A Test Hole.(0<4 ft).***' $900 per hole i SUE QL-A Test Hole(>4<6 ft)*** $1,100 per hole SUE QL-A Test Hole(>6<8 ft)*— $1;310 per hole SUE QL-A Test Hole(>8< 1Oft)*** $1,530 per hole SUE QL-A Test Hole(>10<12ft)*** $11770 per hole SUE QL-A Test Hole(>12<14ft)*** $2,000 per hole All subcontracted and outsourcedservices shall be billed at rates comparable to TNP's billing rates above or times a multiplier of 1.10. Rates shown are for.calendar year 2015 and are subject to change in subsequent years. '*Equipment may include Truck,ATV,Robotic Total Station,GPS Units and Digital Level. ***Pricing includes 2-Person crew,designating for excavation,vehicle costs,and field supplies. 1 i I 1 ATTACHMENT `A' TEAGUE NALL AND PERKINS,INC. j Standard Rate Schedule for Time and Expense Contracts Reimbursed Direct Cost Items Effective January 1, 2015 to December 31, 2015* I Direct Cost Reimbursables I Photocopies $0.154/sf letter, legal and 11"'x 17"size bond paper, B&W $0.7701/sf letter, legal and 11"x 17"bond paper,color Prints: $0.154/sf letter, legal and 11 x 17"bond paper, B&W $0.7701/sf letter, legal and 11"x 17"bond paper,color j Plots: $0.154/sf letter, legal and 11"x 17"bond paper, B&W $0.77011sf letter,legal and 11"x 17"bond paper, color $0.50/sf 22"x 34"and larger bond paper or vellum, B&W ! $1.00/sf 22"x 34"and larger mylar or acetate, B&W I Mileage $0.575/mile i Plans on CD $20/each i i I I I I I I 1 t I I I f 1 I i 2 I