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HomeMy WebLinkAboutContract 26805 CITY SECRETARY STATE OF TEXAS CONTRACT No . KNOW ALL BY THESE PRESENTS: -- COUNTY OF TARRANT CONTRACT FOR PROFESSIONAL CONSULTING SERVICES This contract is made by the City of Fort Worth,Texas, a municipal corporation situated in Tarrant County,Texas,hereinafter called"City",and Con-Real Inc.,a Texas corporation,hereinafter called"Consultant",both parties acting herein by and through their duly authorized representatives: 1. Scope of Services. Consultant agrees to provide relocation assistance services as described in Exhibit "A", Proposal of Con-Real Inc., attached hereafter and incorporated herein by reference. 2. Compensation. The amount to be paid to consultant for all services performed hereunder shall be One Thousand Seven Hundred dollars($1,700)for each family/individual/unit storage facility relocation and Three Thousand dollars($3,000)for each business relocation,not to exceed a total of$24,300. 3. Term. Consultant shall commence upon effective date of this Agreement and terminate upon the sooner to occur of(i)the verification of the completed relocation of the Displacees or(ii)termination of this Agreement under paragraph 4. 4. Termination. a. City may terminate this Contract at any time for cause,amounting to a material breach of this Contract by Consultant, by notice in writing to consultant. Upon the receipt of such notice, Consultant shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, aNP Va. assistance, facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract.If the City terminates this Contract under this Section 4.a., the City shall pay Contractor for services actually performed in accordance herewith prior to such termination,less such payments as have been previously made to consultant, in accordance with a final statement submitted by Consultant documenting the performance of such work. Consultant may terminate this Contract at any time if any payment due hereunder is not made by the City. b. In the event no funds or insufficient funds are appropriated and budgeted by City in any fiscal period for any payments due hereunder('Default Period"),City will notify Consultant of such occurrence prior to the beginning of the Default Period, and this Contract 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 with respect to the Default Period, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated and budgeted. City agrees to appropriate and budget, as practicably as possible after the Default Period, amounts sufficient to cover any payments owed but not paid to Consultant as of the beginning of the Default period, and to promptly pay these amounts to Consultant. City has informed Consultant that, concurrently with approval of this contract, City will appropriate and budget 100%of the funds specified in this Contract,so that all funds will be appropriated and budgeted prior to the commencement date of this Contract. C. Upon termination of this Contract for any reason, and subject to paragraphs 13 and 14, Consultant shall provide the City with copies of ally F G� °` GSC�uED completed documents prepared under this Contract. 5. Indemnification. a. The Consultant shall indemnify,defend and hold the City,its agents,consultants and employees harmless from and against all claims,losses,costs and damages,including but not limited to attorneys' fees,pertaining to the performance of the Contract and involving personal injury, sickness, disease, death, or property damages, including loss of use of property resulting therefrom to the extent caused by negligent acts or omissions of the Consultant, or any other persons or entities for whose acts the Consultant may be liable. Likewise,the City shall indemnify, defend and hold the Consultant, its agents, consultants and employees harmless from and against all claims, losses, costs and damages, including but not limited to attorneys' fees, pertaining to the performance of the Contract and involving personal injury sickness, disease, death or property damages, including loss of use of property resulting therefrom to the extent caused by the negligent acts or omissions of the City, or any other persons or entities for whose acts the City may be liable. 6. Insurance. a. Consultant shall not commence work under,this Contract until it has obtained all insurance required under this section and such insurance has been approved by the City, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City. b. Compensation Insurance. Consultant shall take out and maintain during the life of 3 ����D�d [�u�D If Uh � �L�7H N e this Contract statutory Workers' Compensation Insurance for all of its employees performing any of the services hereunder,and,in case any work is sublet,Consultant shall require the subcontractor similarly to provide Workers'Compensation insurance for all of the latter's employees unless such employees are covered by the protection afforded by Contract's insurance. In case any class of employee who engages in hazardous work under this Contract is not protected under the Workers' Compensation statute, Consultant shall provide and shall cause subcontractor to provide adequate and suitable insurance for the protection of employees not otherwise protected. C. Public Liability and Property Damage Insurance. Consultant shall take out and maintain during the life of this Contract such public liability and property damage insurance as shall protect Consultant and any subcontractor performing work covered by this Contract from claims for personal injuries, including death, as well as from claims for property damages or losses which may arise from operation under this contract, whether such operations be by Consultant or by any subcontractor or by anyone directly or indirectly employed by either of them. The amount of such insurance shall be as follows: (1) Public Liability Insurance. In an amount no less than Two Hundred Fifty Thousand Dollars($250,000) for injuries,including accidental death,to any one person; and subject to the same limit for each person, in an amount not less than Five Hundred Thousand Dollars ($500,000) on account of one accident; r1ffY-ftWC06JVC"TW1Nv1 ffily Ta. (2) Property Damage Insurance. In an amount not less than Five Hundred Thousand Dollars ($500,000); (3) Umbrella Policy. In an amount not less than One Million Dollars ($1,000,000). d. Proof of Insurance Coverage. Contractor shall furnish the City with a certificate of insurance as proof that it has obtained for the duration of this Contract the insurance amounts required herein. Consultant's insurance policy shall provide that the insurer shall give the City thirty(3 0)days'prior written notice before altering,modifying or terminating the insurance coverage. 7. Independent Contractor. Consultant shall perform all work and services hereunder as an independent contractor and not as an officer, agent or employee of the City. Consultant shall have exclusive control of, and the exclusive right to control, the details of the work performed hereunder. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Consultant,its officers, agents, employees and subcontractors; and the doctrine of respondeat superior shall have no application as between the City and the Consultant. 8. Disclosure of Conflicts. Consultant warrants to the City of Fort Worth that it has made full disclosure in writing of any existing or potential conflicts of interest related to the services to be performed hereunder. Consultant further warrants that it will make prompt disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Contract. 9. Right to Audit. 5 �G'�0! OW� PECOQD r0rf m(130G°�V Consultant 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 at reasonable times any directly pertinent books, documents, papers and records of the consultant involving transactions relating to this Contract. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant 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 Consultant reasonable advance notice of intended audits. Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of five (5) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related 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 work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 10. Prohibition of Assignment. Neither party hereto shall assign,sublet or transfer its interest herein without the prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. 11. DBE Goals; Nondiscrimination. a. Consultant acknowledges its commitment to meet or make"good faith" effort to ineet the City of Fort Worth's goals for Disadvantaged Business 6 �II�r1In1� IzMry!`llnl��1�C VARY Y lea i,'{��jtit�i��9 YLY/VO Enterprises (DBE) participation in City contracts. DBE participation was party of the evaluation criteria used in the award of this Contract; therefore, failure to comply may result in the Consultant being classified as nonresponsive and being barred from City work for a period of not less than six months. Consultant agrees to furnish documentation of DBE participation such as canceled checks, etc., or such evidence as may be deemed proper by the City of Fort Worth. At the present time this paragraph does not apply since Consultant has not and does not plan to retain the services of any subcontracts in connection with the performance of this Contract. b. As a condition of this Contract,Consultant covenants that it will take all necessary actions to insure that, in connection with any work under this Contract, Contractors, its associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangements. 12. Choice of Law; Venue. a. This Contract shall be construed in accordance with the internal law of the State of Texas. b. Should any action,whether real or asserted,at law or in equity,arise out of the terms of this contract, venue for said action shall be in Tarrant County, Texas. LGQD 13. Rights in Results of Services. The materials and methods used in the provision of Consultant's services are proprietary to Consultant. All rights, including copyrights, in and to such materials and methods shall remain the property of Consultant. City is granted a limited right of internal reproduction and distribution of materials prepared specifically for City under this Contract. 14. Confidential Information. City acknowledges and agrees that any and all non-public information (in whatever form) relating to the business of Consultant and acquired by City under this Contract,or otherwise,is and shall remain confidential information of Consultant as it includes valuable and proprietary trade, business and industry secrets of Consultant. City agrees to maintain in confidence and (except as otherwise provided in paragraph 13) to refrain, directly or indirectly, from copying, using, transferring,disclosing or exploiting in any manner any of such confidential information during the term of this Contract and following termination thereof, for any reason. EXECUTED on this . day o _ . 2001. ATTEST: CITY OF FORT WORTH ity Secreta Charles Boswell Assistant City Manager Contract Authorization �] -1T01 Date Con-Real, Inc. 6iBy: Gerald Alley President APPROVED AS TO FORM AND LEGALITY: Assist t City Attorney g - Ff. 00- m STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Charles Boswell, known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 141 day of , A.D. 20 P•p a ROSELLA BARNES Notary Public in and for NOTARY PUBLIC *t /co state of Texas the State of Texas Comm.Exp.03-31-2005 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Gerald Alley, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he\she executed the same for the purposes and consideration therein expressed,as the act and deed for Con-Real Inc.,and in the capacity therein stated as its duly authorized officer or representative. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ' A.D. 20(/. DEBRA S. LOUDD Notary Pu in and or •: My COWASSKM DOSS the State of Texas May 19, 2004 CRY$K^POQY �e10,voc�UJ • 10 Exhibit A RELOCATION ASSISTANCE SERVICES AGREEMENT I. SCOPE OF PRESENTATION Made as of the 24"'day of April in the year of Two Thousand and One,The City of Fort Worth hereby authorizes and directs the Consultant to provide relocation assistance services to each of the following diplacees (the "Displacess") along the Project. Address Persons or Objects to be Relocated Type of Relocation 1 710 E. Terrell Lucile Davis Residential 2 708 E. Terrell J.P. Williams Residential 3 1050 Missouri James Fuller Residential 4 925 S. Freeway Emma Survillio Residential 5 1108 Evans James Roberts, Herman Fassleman Residential 6 1062 Evans A.C. Hennington Residential 7 730 E. Rosedale Need to be Interviewed Residential 8 904 Missouri Need to be Interviewed Residential 9 908 Missouri Need to be Interviewed Residential 10 910-921 S. Freeway Big D Brake and Clutch Business 11 1013 Evans Morrows Grocery Store Business 12 801 E. Rosedale Low Cost Tires Business The Consultant is being retained by the City of Fort Worth in order to provide relocation assistance services in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies of 1970,42 U.S.C.A., 4601-4655. • Search for replacement housing and provide a residential property evaluation affidavit for each comparable form of replacement housing. • Provide necessary transportation for the Displacees, if needed. • Prepare and submit the claim for replacement housing payment supplement to the City for approval. CORD Exhibit A • Provide any necessary additional research for available housing to any displacee whose original replacement housing is no longer available at the time the displacee is ready or forced to relocate. • Re-compute and submit the claim for replacement housing payment supplement to the City for approval. • Inspect replacement housing for decent, safe and sanitary conditions and prepare and submit and affidavit regarding the replacement housing inspection. • Prepare and submit the moving cost, storage of personal property or temporary lodging reimbursement claims to the City for approval. • Inspect the acquired property for verification and completion of move. • Be available for any appeals or hearings. II. TERM In addition,Consultant shall commence upon effective date of this Agreement and terminate upon the sooner to occur of(i)the verification of the completed relocation of the Displacees or(ii)termination of this Agreement. III. FEE AND BILLING The City of Fort Worth agrees to pay Consultant$1,700 for each family/individual/unit/storage facility relocation and agrees to pay Consultant$3,000 for each business relocation. The above-mentioned fees for services shall be invoiced by Consultant on a monthly basis,based upon the following completion schedule for each displacee/relocation: a. Forty percent (401/6) of total fee for each displacee/relocation will be billed upon completion of the interview process or the evaluation of the displacee/relocation requirements. b. Forty percent (40%) of the total fee per displacee/relocation will be billed upon completion of the identification of comparable replacement housing choices for each displacee/relocation. C. The remaining twenty percent(20%)of the total fee for each displaceehelocation will be billed upon verification of the completed relocation of the displacee and file closeout. The above-mentioned fees for services shall be invoiced by Consultant. Invoices are due within 10 days of receipt by the City of Fort Worth. CIA L E�ECQD CDti� ��v G�fFAA QV. �C .- City of Fort Forth, Texas "noor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 4/17/01 **C-18551 1 13CONREAL 1 of 2 SUBJECT CONSULTING CONTRACT WITH CON-REAL, INC. FOR RELOCATION ASSISTANCE SERVICES FOR DISPLACED RESIDENTS IN THE EVANS AVENUE AND ROSEDALE STREET BUSINESS AND CULTURAL DISTRICT PROJECT AREA RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a consulting contract with Con-Real, Inc. to provide relocation services for displaced persons in the subject project area, in an amount not to exceed $24,300 for fees and expenses. DISCUSSION: The City is currently acquiring properties in the near southeast area for development of the Evans Avenue and Rosedale Street Cultural District. As a result, residents in the area will be displaced and are eligible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. In order to comply with federal guidelines and regulations, it is recommended that Con-Real, Inc. be engaged to perform relocation services for displaced persons. SCOPE OF SERVICES -The consultant will provide the following services: • Provide relocation assistance services in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the Code of Federal Regulations 49, Part 24; • Search for replacement housing and provide a residential property evaluation affidavit for each comparable form of replacement housing; • Provide necessary transportation for displaced persons, if needed; • Prepare and submit the claim for replacement housing payment supplement to the City for approval; • Provide any additional research for available housing to any persons displaced whose original replacement housing is no longer available at the time they are ready or forced to relocate; • Re-compute and submit the claim for replacement housing payment supplement to the City for approval; • Inspect replacement housing for decent, safe and sanitary conditions and prepare and submit an affidavit regarding the replacement housing inspection; • Prepare and submit the moving cost, storage of personal property or temporary lodging ,reimbursement claims to the City for approval; City of Fort Worth, Texas ,mayor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 4/17/01 **C-18551 I 13CONREAL 2 of 2 SUBJECT CONSULTING CONTRACT WITH CON-REAL, INC. FOR RELOCATION ASSISTANCE SERVICES FOR DISPLACED RESIDENTS IN THE EVANS AVENUE AND ROSEDALE STREET BUSINESS AND CULTURAL DISTRICT PROJECT AREA • Inspect the acquired property for verification and completion of move; • Be available for any appeals or hearings. The amount to be paid to the consultant for all services performed is $1,700 for each family/individual/unit storage facility relocation, and $3,000 for each business relocation. Relocation services will be provided for nine residential properties and three businesses, for a cost not to exceed $24,300. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. CB:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Charles Boswell 8511 CITY COUNCIL Originating Department Head: APR 17 2001 Joe Paniagua 6168 (from) ,I GR76 539120 013206112840 $24,300.00 ([*0 u— f Additional Information Contact: of 60 at,Secretary City of Fort WorflCt,laws Joe Paniagua 6168