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HomeMy WebLinkAboutContract 39750Vy SECRETARY NTRACNT NO. 3�1 o 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 Fernando Costa, its duly authorized Assistant City Manager, and Appraisal Services, Inc., a Texas corporation, ("Appraiser"), acting by and through Kenneth L. Huffinan, its duly authorized President. RECITALS WHEREAS, Appraiser provides real estate appraisals by state -licensed real estate appraisers, licensed in accordance with The Texas Appraiser Licensing and Certification Act, Texas Occupations Code Chapter 1103; and WHEREAS, City is in need of licensed real estate appraisal services to assist City in obtaining fair market appraisals on real property to be acquired in conjunction with the construction of M-325 Parallel Relief; Middle & Upper Village Creek Sanitary Sewer Rehabilitation (the "Project"); and WHEREAS, City and Appraiser desire to enter into a contract to have such services provided which benefit City. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, and based upon Appraiser's affirmations in Section Lb. below, the parties agree as follows. AGREEMENT 1. Performance of Services. a. Appraiser 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 herein for all purposes incident to this Agreement ("Services"). b. Appraiser affirms that the appraisers assigned to perform the Services are licensed to appraise real property in the State of Texas by the Texas Appraiser Licensing and Certification Board (the "Board"). c. Appraiser shall notify City as soon as possible upon any disciplinary action ("Disciplinary Action"), which includes but is not limited to a disciplinary proceeding, action or sanction taken against Appraiser by the Board, including but not limited to consent order, consent agreement, contested case hearings, revocation or suspension of appraisal license, probation, reprimand, or administrative penalty by the Board, or civil penalty, criminal penalty, or injunctive relief sought against any appraiser which has performed Services under this Agreement by the Board. Appraiser shall disclose to City the reasons given by the Board for the Disciplinary Action. OFFICIAL RECORD CITY SECRETARY FT WORTH, TX i d. Appraiser shall notify City as soon as possible of any voluntary or involuntary cessation of Board licensure or inactive Board licensure of any appraiser which has performed Services under this Agreement. e. Appraiser shall adhere to all ethical, legal, and professional requirements or standards, especially those requirements or standards relating to confidentiality and privacy, in the provision of the Services. f. For any parcels appraised under this Agreement that are involved in a condemnation proceeding, Appraiser shall prepare for, attend, and testify in special commissioners' hearings, respond to discovery, and prepare, attend and testify at any depositions or trials (collectively, "Condemnation 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 Appraiser. 3. Fee. a. City agrees to pay Appraiser a fee of $2,750.00 per parcel appraised in the Project (collectively, the "Appraisal Fee"). The Appraisal Fee shall not exceed $40,000.00. b. City agrees to pay Appraiser a fee of $150.00 per hour for Condemnation Services. Appraiser shall be paid a minimum of $450.00 for each deposition, hearing or trial attended, inclusive of all Condemnation Services, including preparation. c. Payment from City to Appraiser shall be made on an invoice basis following receipt by City from Appraiser of a signed invoice. The invoice shall be submitted to City, addressed to City of Fort Worth Transportation Department, Right of Way and Easements, 900 Monroe St Ste 404 Fort Worth TX 76102, no later than the 15th day following the end of the month. 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 Appraiser only for Service actually rendered as of the effective date of termination. 5. Independent Contractor. Appraiser shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Appraiser 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 Appraiser, 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 Appraiser. It is expressly understood and agreed that no officer, agent, employee, or subcontractor of Appraiser is in the paid service of City. 6. Indemnification. APPRAISER 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, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS OF CITY; AND APPRAISER HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. APPRAISER 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 APPRAISER, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. APPRAISER 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 SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. Appraiser 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, Appraiser 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 Appraiser's performance of its obligations under this Agreement. Appraiser shall specifically obtain the following types of insurance at the following limits: l . Commercial General Liaty (CGL) $130005000 each occurrence $2,0005000 aggregate limit Coverage shall include but not be limited to the following: premises/operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. 2. Workers' Compensation Statutory limits Employer's liability $100,000 $1005000 $500,000 Each accident/occurrence Disease - each employee Disease - policy limit Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. 3. Automobile Liability $1,000,000 each accident on a combined single limit basis Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage A commercial business policy shall provide coverage on "Any Auto", defined as autos ownedI hired and non -owned. • The policy shall be endorsed and documented on the Certificate of Insurance indicating the City of Fort Worth, its' Officers, Employees and Volunteers are name "Additional Insured". • The Certificate of Insurance shall provide at least thirty days (30) notice of cancellation or non -renewal. Example: "This insurance shall not be canceled, limited in scope or coverage, cancelled or non -renewed, until after thirty (30) days prior written notice has been given to the City of Fort Worth. • The signed Certificate of Insurance shall be an original document, completed in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide. • All policies must include a specific Waiver of Subrogation (Rights of Recovery) against the City of Fort Worth • The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. • If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. • Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage 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 such insurance coverage. • Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage, unless such endorsements are approved by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10% • Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be acceptable to and approved by the Risk Management Division of the City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by Risk Management. • Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City's Risk Management Division • The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior notice of ninety (days). • The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. 8. Assignment. Appraiser 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. Appraiser, 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 Appraiser any such violation on the part of Appraiser or any of its officers, agents, employees or subcontractors, then Appraiser shall immediately desist from and correct such violation. 10. Non -Discrimination. Appraiser, 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 Appraiser 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 31 of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and Appraiser hereby covenants and agrees that Appraiser, 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 Appraiser, its agents, employees or subcontractors. 11. Right to Audit. Appraiser 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 Appraiser involving transactions relating to this Agreement. Appraiser agrees that the City shall have access during normal working hours to all necessary Appraiser 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 Appraiser reasonable advance notice of intended audits. Appraiser 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 Appraiser 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: Fernando Costa, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies To: Willie F. Ingram, Land Agent Department of Engineering, Real Property Services 900 Monroe St, Ste 302 Fort Worth, TX 76102 Leann Guzman, Assistant City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 2. APPRAISER: Appraisal Services, Inc. 307 West 7ch Street, Suite 900 Fort Worth, TX 76102 16. Non -Waiver. The failure of City or Appraiser 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. Appraiser hereby warrants to the City that Appraiser has made full disclosure in writing of any existing or potential conflicts of interest related to Appraiser'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, Appraiser hereby agrees immediately to make full disclosure to the City in writing. The City acknowledges that Appraiser may use products, materials or methodologies proprietary to Appraiser. The City agrees that Appraiser'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, Appraiser 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. Appraiser, 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 Appraiser 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 ex cuted this Agreement in multiples in Fort Worth, Tarrant County, Texas, to be effective as of 0(the 'Effective Date"). ATTEST: CITY OF FORT WORTH City Secretary APPROVED AS TO FORM Assistant City Attorney Date: I [ [ Fernando Costa Assistant City Manager CQntL ac-� II - AuthorizatiA� APPRAISER Appraisal Services, Inc. Sy: Kenneth L. H President OFFICIAL RECORD CITY SECRETARY FT. NORTH, TX EXHIBIT "A" SERVICES Appraiser shall provide appraisal services for the following tracts of land, plus any other tracts of land as requested by the City in conjunction with the Project: [See attached list] gin' Win' Xn wN�ntq cnw�0 mm oc000�A0)0 m,m mm c OOm �N)cwi, CL co m 0 C) w co C'n oo �?G)Q wcnm N Q U) cn m C o o O tit c c c m D D �� a) c�="� �00 G) mm -n Q.o X! o ;o 00 m o<com, CD(n Q. m cn o a �c m r mmm l mmmmm M(C m 0 0 0 o 0 0 0 o D o m �CC�CCC�C �CC�CC�CCC�CC�C QQCL r G G G«« O O O n m o0o m =YmzT =r =r ::r =r3 000 o �00m CL (D N)cwn moo C) 0 0M G) w(0(A w cn r 0 0 0 o o o p Cn0 m p m c C rt v m p v� o Qo n�3 s cn G) OOmi o m m o< w oQ m a o cn C D O O rm ' W O O n 0: 0 A ;a m m N�0C-nD. co�co� mmoo ci' (n wD0 D _ _ Z D D D S D D D D D D D a O- Cr C o- a- CT o- a a- aR u, cQ u, u, cn c ( (n C i D C.: n n •� C n n C n n C .O-. ll�m ISO CD O O O C wO O wO O N 0 m S=�, _. _�' SSS90; @ O G v coN vvm vvvy 2 m D m '< �M cn Qcn CD rrRo rrr� m m o' ao —^ m m m m pDp m �0C) m ��3 ���0 z�U) (nU) ��`�°v D �� -i v mac CD c 0 z CD �> -q _ -' 0 � � z • • 71• - ; Page 1 of 2 Mayor and Council Communication COUNCIL ACTION: Approved on 1/26/2010 -Ordinance No. 19010-01-2010 DATE: Tuesday, January 26, 2010 LOG NAME: 13P09RAISING REFERENCE NO.: G-16820 SUBJECT: Adopt an Ordinance Amending Article I, Section 2-9 of the Fort Worth City Code to Increase the Threshold Amount of the City Manager's Contracting Authority from $25,000.00 to $50,000.00 RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance amending Article I, Section 2-9 of the Fort Worth City Code to increase the threshold amount of the City Manager's contracting authority from $25,000.00 to $50,000.00; and 2. Authorize the City Manager to approve the following without City Council approval: (a) contracts, contract amendments and purchase agreements in an amount not exceeding $50,000.00; (b) leases of real property for 30 days or less in an amount not exceeding $50,000.00; and (c) temporary or permanent easements granted to the City if valued at $50,000.00 or less. DISCUSSION: In September 2001, the State Legislature increased the formal bid threshold amount from $15,000.00 to $25,000.00. On October 9, 2001, (M&C P-9465 Revised) the City Council increased the approval authority of the City Manager by the same dollar amounts. In September 2007, the State Legislature again raised the dollar threshold for formal bidding from $25,000.00 to $50,000.00. To increase efficiency in processing contracts and purchase agreements, staff recommends that the City Council increase the City Manager's contracting authority from $25,000.00 to $50,000.00 to be consistent with State law. Approval of this action will increase the amount the City Manager has authority to contract without City Council approval for contracts, purchase agreements, certain leases, easements and contract amendments. The threshold increase will not apply to change orders for construction contracts because State law limits the amount of an administrative change order to $25,000.00. City Staff considered requesting this increase in October 2007, and concluded that it would be prudent to delay this request until the City's Comprehensive Annual Financial Reports (CAFR) were up to date. Staff evaluated the actions of other cities as well as the impacts that the policy change would have on day-to- day operations. The City is now current on its CAFRs thereby providing a more appropriate environment to submit this request. The actions of other cities on this threshold and the impacts of this change were presented to the City Council on November 3, 2009, via PowerPoint presentation during the Pre -Council meeting. This M&C is in response to support expressed by the City Council on November 3, 2009, to increase the threshold amount from $25,000.00 to $50,000.00. The effective date will be February 1, 2010. Adoption of the attached ordinance will authorize staff to implement the changes necessary to take advantage of the opportunities offered by the legislation. http://apps.cfwnet.org/ecouncil/printmc.asp?id=8130&print=true&DocType=Print 2/1/2010 Page 2 of 2 FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. Ordinance to Amend City Code 2-9.doc (Public) FROM Fund/Account/Centers Karen Montgomery (6222) Lena Ellis (8517) Jack Dale (8357) http://apps. cfwnet.org/ecouncil/printmc. asp?id=8130&print=true&DocType=Print 2/1 /2010