HomeMy WebLinkAboutContract 47041 C"ONTRACT A10.
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort.Worth, a Texas home-rule municipality
(the "CITY"), and Teague Nall & Perkins, Inc., authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJECT generally described as: Easement
Acquisition Services for North Tarrant Express Segment 3C (IH 35W from US 81/287 to
Alliance Boulevard).
Article I
Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services set
forth in the Scope of Services attached hereto as Attachment "A". These services
shall be performed in connection with Easement Acquisition Services for North
Tarrant Express Segment 3C (IH 35W from US 81/287 to Alliance Boulevard).
(2) Additional services, if any, will be requested in writing by the City. City shall not pay
for any work performed by Consultant or its subconsultants, subcontractors and/or
suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting from
oral orders of any person.
Article II
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "B". Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment "A".
However the total fee paid by the City shall not exceed a total of $38,920.00 unless the
City and the Consultant mutually agree upon a fee amount for additional services and
amend this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services rendered
shall be due within thirty (30) days of the uncontested performance of the particular
services so ordered and receipt by City of Consultant's invoice for payment of same.
Acceptance by Consultant of said payment shall operate as and shall release the City from
all claims or liabilities under this Agreement for anything related to, done, or furnished in
connection with the services for which payment is made, including any act or omission of
the City in connection with such services.
City of Fort Worth,Texas
Qi"FICY IIt. if
Standard Agreement for Professional Services
Revision Date:9/24/2014 II��� " H�kt "�
Page 1 of 8
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 12
months, beginning upon the date of its execution, or until the completion of the subject matter
contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of its work to be performed hereunder and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant, its officers, agents, employees, contractors,
and subcontractors, and nothing herein shall be construed as creating a partnership or joint
venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable local,
state and federal laws and with all applicable rules and regulations promulgated by
the local, state and national boards, bureaus and agencies. Approval by the City
shall not constitute or be deemed to be a release of the responsibility and liability of
Consultant or its officers, agents, employees, contractors and subcontractors for the
accuracy and competency of its services performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the
Consultant 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 Consultant or Consultant's agent,
consultant under contract, or another entity over which the Consultant's
exercises control.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:9/24/2014
Page 2 of 8
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance, 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; provided, however, Consultant may elect to add any subconsultant as
an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall be
on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants shall
be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the City of Fort Worth Water
Department, Attention: John Kasavich, P.E., 1000 Throckmorton Street, Fort
Worth, TX 76102, prior to commencement of work.
c. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days
notice of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:9/24/2014
Page 3 of 8
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups. The City must approve in writing any alternative
coverage.
g. Workers' compensation insurance policy(s) covering employees employed on the
Project shall be endorsed with a waiver of subrogation providing rights of recovery
in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs
for Consultant's insurance.
i. Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
I. Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Transfer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer
any interest in this Agreement without prior written consent of the City.
Article Vill
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:9/24/2014
Page 4 of 8
Either the City or the Consultant for cause may terminate this Agreement if either
Party fails substantially to perform through no fault of the other and does not
commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of
termination, Consultant shall discontinue services rendered up to the date of such
termination and City shall compensate Consultant based upon calculations in Article
2 of this Agreement and Exhibit "B" attached hereto and incorporated herein.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by the City, its officers,
agents, employees, consultants, or contractors, or prepared by Consultant, shall be
or become the property of the City, and shall be furnished to the City prior to or at
the time such services are completed, or upon termination or expiration of this
Agreement.
Article IX
Right to Audit
(1) Consultant 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 Consultant involving transactions
relating to this Agreement. Consultant agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of
this section. City shall give Consultant reasonable advance notice of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontracting consultant 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 sub-consultant, involving transactions to the subcontract, and
further, that City shall have access during normal working hours to all sub-
consultant facilities, and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this article. City shall
give Consultant and any sub-consultant reasonable advance notice of intended
audit.
(3) Consultant and sub-consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of copies
at the rate published in the Texas Administrative Code in effect as of the time copying
is performed.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:9/24/2014
Page 5 of 8
Article X
Minority Business and Small Business Enterprise (MBE)(SBE) Participation
In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011,
as amended, the City has goals for the participation of minority business enterprises and/or
small business enterprises in City contracts. Consultant acknowledges the MBE and SBE
goals established for this Agreement and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent misrepresentation)
and/or the commission of fraud by the Consultant may result in the termination of this
Agreement and debarment from participating in City contracts for a period of time of not less
than three (3) years.
Article XI
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City
and all of its officers, agents and employees from and against all claims or liability arising out
of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its
employees.
Article XII
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas
— Fort Worth Division. This Agreement shall be construed in accordance with the laws of
the State of Texas.
Article XIII
Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:9/24/2014
Page 6 of 8
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
Article XIV
Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circumstance shall ever be held by any court of competent jurisdiction to be
invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of this
Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
Article XV
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 return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth
Attn: John Kasavich, P. E., Water Department
1000 Throckmorton Street
Fort Worth, Texas 76102
Consultant:
Teague Nall & Perkins, Inc.
Attn: Bill Wimberley, P. E.
1100 Macon Street
Fort Worth, TX 76102
Article XVI
Headings
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:9/24/2014
Page 7 of 8
Article XVII
Counterparts
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute
but one and the same instrument.
Executed and effective this the, ,_ "day o � 2015.
BY: BY:
CITY OF FORT WORTH ENGINEER
Teague Nall & Perkins, Inc.
Jesus J. Chapa t n, E.
Assistant City Manager Vice President
Date: Date: -- A
APPROVAL RECOMMENDED:
By: 4a6�- 4-11 z
Andrew T. Cronber Qater E.
Assistant Directo , Department
APPROVED AS TO FORM AND LEGALITY M&C No.: N/A
By: M&C Date: N/A
Douglas W. Black
Senior Assistant City Attorne
F
.6
ATT ST: ,
Mary J. K a air ��®� .,.
City Secr6ary rllt k� ;t,' °;t
City f Fort Worth,Texas
Standard Agreement for Professional Services Ir ��� W( �� 5 ���X
Y
Revision Date:9/2412014
Page 8 of 8 "'
ATTACHMENT A
DESIGN SERVICES FOR
EASEMENT ACQUISITION SERVICES FOR IH 35W-3C
CITY PROJECT NO.: 02635
ATTACHMENT A
Scope for Easement Acquisition Services for Water and/or Sanitary Sewer Improvements
EASEMENT ACQUISITION SERVICES FOR
IH35W-3C
CITY PROJECT NO.: 02635
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project.
WORK TO BE PERFORMED
Task 1. Project Administration
Task 2. Title and Closing Services
Task 3. Negotiation Services
Task 4. Real Estate Appraisal Service
Task 5. Appraisal Review Service
Task 1. Proiect Administration
ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and
resources.
ENGINEER will provide appraisal, appraisal review, negotiation, closing and condemnation
support services with respect to the City of Fort Worth's need to acquire easements and
temporary easements to facilitate the adjustment of water and sewer facilities that are
conflicting with the proposed expansion of IH 35W-3C. Services will comply with State,
Federal and City of Fort Worth Standards along with the requirements of Texas Senate Bill
18.
1.1. Communication
• Prepare and deliver monthly invoice for each active Work Authorization to
City Staff. Prepare invoices utilizing City standard payment submissions
forms with supporting documentation.
• Attend status meetings with appropriate City Staff. Date, time and location
are determined by City Staff.
Provide bi-monthly written report to City Staff on the status of service tasks completed and
service tasks remaining in order to bring the parcel into possession of the City. The
reporting format will be determined by the City Staff.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.01.2014
Pagel of 5
ATTACHMENT A
DESIGN SERVICES FOR
EASEMENT ACQUISITION SERVICES FOR IH 353C
CITY PROJECT NO.:02635
Task 3. Negotiation Services
• 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.
• Analyze appraisal and appraisal review reports and confirm the City's
approved value prior to making offer for each parcel.
• Prepare and send the letter transmitting the Landowners' Bill of Rights by
Certified Mail-Return Receipt Requested (CMRRR).
• Prepare the initial offer letter, memorandum of agreement, instruments of
conveyance, and any other documents required or requested by the City
on applicable City forms.
• 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 receipt and the appraisal as support for billing
purposes.
• Respond to property owner inquiries verbally and in writing within two (2)
business days.
• Prepare a separate negotiator contact report for each parcel, per contact.
• Copies or working and final file documents may be kept by the Provider.
Parcel files of original documentation related to the purchase of the real
property or property interests will be maintained.
• Receive any counteroffers from the property owner. Evaluate all counters
and submit and discuss them with the City's Project Manager.
• After concurrence of City Project Manager, prepare final offer letter, and
mail the documents of conveyance by CMRRR.
• Appear and provide Expert Witness testimony as a Provider when
requested.
Task 4. Real Estate Appraisal Service
• Appraisers must provide advance notice of the date and time of their
appraisal inspections of the subject property to the Provider's Project
Manager.
• Secure written permission from the owner to enter the property from
which real estate is to be acquired. The Provider, if after diligent effort, is
unable to secure the necessary letter of permission from the property
owner, a waiver must be obtained in writing. Maintain permission letters
with appraisal reports.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.01.2014
Page 3 of 5
ATTACHMENT A
DESIGN SERVICES FOR
EASEMENT ACQUISITION SERVICES FOR IH 35.3C
CITY PROJECT NO.:02635
• Prepare and submit to the TNP-FTW Office the Form ROW-A-10
"Tabulation of Values", for each appraisal review assignment.
• As a review of an initial and update appraisal are two separate and
distinct appraisal assignments, the fees must consider the complexity of
each separate assignment as shown in the Provider's Fee Schedule
• Beyond delivery of the review appraisal of the initial and updated
appraisal documents, the review appraiser can be called to provide
preparation and testimony for a Special Commissioners Hearing. For this
appraisal assignment, the fee for the preparation time and testimony must
be based on the hourly rate shown in the Provider's Fee Schedule.
Engineer will prepare and submit baseline Project Schedule initially, and Project
Schedule updates with a schedule narrative monthly, as required in Attachment D to this
Standard Agreement and according to the City of Fort Worth's Schedule Guidance
Document.
Engineer will complete Monthly M/WBE Report Form and Final Summary Payment
Report Form at the end of the project.
Personnel and Vehicle Identification: When conducting site visits to the project location,
the ENGINEER or any of its sub-consultants shall carry readily visible information
identifying the name of the company and the company representative.
ASSUMPTIONS
• 6 MWBE reports will be prepared
• 4 meetings with city staff/Project
• 6 monthly water department progress reports will be prepared
• 6 monthly project schedule updates will be prepared
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
E. Monthly M/WBE Report Form and Final Summary Payment Report Form
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.01.2014
Page 5 of 5
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
Teague Nall & Perkins, Management&Acquisition $21,720 55.81
Proposed MBE/SBE Sub-Consultants
ML&M Reality Advisors Review Appraisals $4000 10.28
Non-MBE/SBE Consultants
Kyser Appraisal Services Appraisals $12000 30.83
Alamo Title Title Opinions $1200 3.08
TOTAL $ 38.920.00 100%
� Project Number& Name Total Fee MBE/SBE Fee MBE/SBE
11 35W-3C 38,920.00 $ 4000 10.28 %
City MBE/SBE Goal =_% Consultant Committed Goal = 10.28 %
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 2 of 3
B-2
Professional Services Payment Request Projecthianager: JchnKasavi h.P.E. Summary z koelca'z
Project: Easement Acquisition Services for I 35W-3C o��octc
City Project#: 02635
City Sec Number ; � 771 consultant Instructions:
Fill In green cells Including Invoice Number,From and To Dates and the Included vorksheets.
Company Name:TeagueNaoandPerkins Whenyourinvo iceIscomplete,saveandclose,start E—awandAddyourInvoicetothe
consultantfoider Wthin Project's folder.
Consultants PM: 961Wmbede email: ede
Vendor Invoice M office Address 1100 Macon street F.AM th.T.-76102 Payment Request#: Telephone: 817-336-5773
From Date: Fax; 617-3362313
To Date:
Invoice Date: Remit Address ttoo Mawn Street,Fort Worth,Texas 76102
Agreement
Agreement Amendment Amount to Completed Percent ($)Invoiced Current Remaining
Sheet FAC and Work Type Description Amount Amount Date Amount Completed Previously Invoice Balance
Work Type 1 Water $29.190. S29,190.0t $29,190.
Work Type 2 Saniia Sewer $9,730. $9.73oX $9,730.
Work Type 3
Work Ty e4
Work Type 3
Work Type 6
Totals This Payment Request $33.92000 533.920.00 $38.920.00
Overall Percentage Complete:
Professional Services Payment Request Project M1lanager. John Kasa h,P.E.
Project: Easement Acquisition Services for IH 35W-3C
City Project#: 02635
Work Type Desc: Sanitary Sewer ca,--t mawcm,a:
F/A/C:
City Sec Number Farm green-It,mdudI,g P,r—B complete and Invited Prevkusly Quanines
Purchase Order -�" -rte _=_ When your Invoke is completq save and dazq start BUVSaw and Add your invoke lathe
Consultant folder with(,Prajecl's!alder.
Name' Teague Nag and P.emi
Consultant's PM: svwN berky email: bw;r,cerky�mpla<.<om
Vendor Invoice M Office Address Imo Maw,Sb..t.Fod M.,Texas 26102
Payment Request M Telephone: 612-336.5223
From Date: Fax: 617-336.2619
To Date:
Invoice Date: Remit 1100 Macon street,Fort wonh,Texas 26102
Pay Items Agreement
Agreement Amendment Amendment Amountto Completed Percent (5)Invoiced Current Remaining
Description Amount Number Amount Date Amount Completed Previousiv Invoice Balance
42-Ne atladonz/Easements2e al Fees S9,230. 59.290. S9,230.
Totals This Unit: �.szxam a�zan.� Sazan.0s
Submitted by:
Overall Percentage Complete:
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Easement Acquisition Services for
IH-35W-3C
City Project No. 02635
No changes to the Standard Agreement.
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page 1 of 1
® Other schedule-related issues that the CONSULTANT wishes to communicate to the
CITY.
D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work
accomplished falls behind that scheduled due to factors within the CONSULTANT's
control, the CONSULTANT shall take such action as necessary to improve the progress of
the Work. In addition, the CITY may require the CONSULTANT to submit a revised
schedule demonstrating the proposed plan to make up the delay in schedule progress and
to ensure completion of the Work within the allotted Agreement time.
D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS:
The requirements for the schedule are determined based on the nature and needs of the
project. The schedule tier for this project is stated at the top of this document.
CONSULTANT shall submit each schedule relying on the CITY's current Schedule
Guidance Document.
D6. SCHEDULE SUBMITTAL AND PAYMENT:
As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information
required by Attachment D. CONSULTANT's monthly invoices will not be accepted and
_processed for payment without monthly schedule updates that are submitted in the time
and manner required by Attachment D and the CITY's current Schedule Guidance
Document.
City of Fort Worth,Texas
Attachment D
PMO Release Date:02.15.2011
Page 2 of 2
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ATTACHMENT A
DESIGN SERVICES FOR
EASEMENT ACQUISITION SERVICES FOR IH 35W-3C
CITY PROJECT NO.: 02635
ATTACHMENT A
Scope for Easement Acquisition Services for Water and/or Sanitary Sewer Improvements
EASEMENT ACQUISITION SERVICES FOR
IH35W-3C
CITY PROJECT NO.: 02635
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project.
WORK TO BE PERFORMED
Task 1. Project Administration
Task 2. Title and Closing Services
Task 3. Negotiation Services
Task 4. Real Estate Appraisal Service
Task 5. Appraisal Review Service
Task 1. Proiect Administration
ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and
resources.
ENGINEER will provide appraisal, appraisal review, negotiation, closing and condemnation
support services with respect to the City of Fort Worth's need to acquire easements and
temporary easements to facilitate the adjustment of water and sewer facilities that are
conflicting with the proposed expansion of IH 35W-3C. Services will comply with State,
Federal and City of Fort Worth Standards along with the requirements of Texas Senate Bill
18.
1.1. Communication
• Prepare and deliver monthly invoice for each active Work Authorization to
City Staff. Prepare invoices utilizing City standard payment submissions
forms with supporting documentation.
• Attend status meetings with appropriate City Staff. Date, time and location
are determined by City Staff.
Provide bi-monthly written report to City Staff on the status of service tasks completed and
service tasks remaining in order to bring the parcel into possession of the City. The
reporting format will be determined by the City Staff.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.01.2014
Page 1 of 5
ATTACHMENT A
DESIGN SERVICES FOR
EASEMENT ACQUISITION SERVICES FOR IH 35-3C
CITY PROJECT NO.:02635
1.2. File Management
• 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.
• Maintain records of all payments including, but not limited to, warrant
number, amount, date paid,.etc.
• Maintain copies of all correspondence and contacts with property owners.
Task 2. Title & Closing Services
• 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.
• Secure title commitment updates in accordance with insurance rules and
requirements for parcel payment submissions
• If required by the City, Secure title insurance for all parcels acquired,
• The curative services necessary to provide clear title to the City is the
responsibility of the Provider.
• The Provider has the responsibility of direct contact with the Title Company to
obtain an updated title commitment along with other forms and certified copy of
the instrument of conveyance necessary when requesting the Parcel Payment
from City Staff.
• The Provider provides closing services in conjunction with the Title
Company.
• 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.
• 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.
City of Fort Worth,Texas
Attachment A
PIAO Release Date:08.01.2014
Page 2 of 5
ATTACHMENT A
DESIGN SERVICES FOR
EASEMENT ACQUISITION SERVICES FOR IH 353C
CITY PROJECT NO.:02635
Task 3. Negotiation Services
• 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.
• Analyze appraisal and appraisal review reports and confirm the City's
approved value prior to making offer for each parcel.
• Prepare and send the letter transmitting the Landowners' Bill of Rights by
Certified Mail-Return Receipt Requested (CMRRR).
• Prepare the initial offer letter, memorandum of agreement, instruments of
conveyance, and any other documents required or requested by the City
on applicable City forms.
• 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 receipt and the appraisal as support for billing
purposes.
• Respond to property owner inquiries verbally and in writing within two (2)
business days.
• Prepare a separate negotiator contact report for each parcel, per contact.
• Copies or working and final file documents may be kept by the Provider.
Parcel files of original documentation related to the purchase of the real
property or property interests will be maintained.
• Receive any counteroffers from the property owner. Evaluate all counters
and submit and discuss them with the City's Project Manager.
• After concurrence of City Project Manager, prepare final offer letter, and
mail the documents of conveyance by CMRRR.
• Appear and provide Expert Witness testimony as a Provider when
requested.
Task 4. Real Estate Appraisal Service
• Appraisers must provide advance notice of the date and time of their
appraisal inspections of the subject property to the Provider's Project
Manager.
• Secure written permission from the owner to enter the property from
which real estate is to be acquired. The Provider, if after diligent effort, is
unable to secure the necessary letter of permission from the property
owner, a waiver must be obtained in writing. Maintain permission letters
with appraisal reports.
City of Fort Worth,Texas
Attachment A
PIAO Release Date:08.01.2014
Page 3 of 5
ATTACHMENT A
DESIGN SERVICES FOR
EASEMENT ACQUISITION SERVICES FOR IH 35-3C
CITY PROJECT NO.:02635
• Prepare and conduct personal pre-appraisal contact with interest owners
for each parcel using acceptable Department forms.
• Contact property owners or their designated representative to offer
opportunity to accompany the appraiser on the appraiser's inspection of
subject property. Maintain record of contact in file.
• For an initial appraisal assignment, prepare appraisal report for each
parcel to be acquired utilizing appropriate appraisal forms. These reports
shall conform to policies and procedures along with the Uniform
Standards of Professional Appraisal Practices as promulgated by the
Appraisal Foundation.
• For an updated appraisal, prepare appraisal update for the parcel to be
acquired utilizing appropriate forms. These reports shall conform to
Department policies and procedures along with the Uniform Standards of
Professional Appraisal Practices.
• As necessary, prepare written notification to the City of any environmental
concerns associated with the right of way to be acquired, which could
require environmental re-mediation.
• All completed appraisals will be administratively reviewed and
recommended for approval by the TNP Staff or assigns.
• Processing monthly invoices for appraisal services will not be delayed for
the purpose of the completion of the City Administrative Review.
• TNP Staff coordinates with the Project review appraiserregarding
revisions, comments, or additional information that may be required. The
Project review appraiser will then coordinate with the appraiser.
• As necessary, the appraiser will coordinate with the review appraiser
regarding revisions, comments, or additional information that may be
required.
• As an initial and update appraisal are two separate and distinct appraisal
assignments, the fees must consider the complexity of each separate
assignment as shown in the Provider's Fee Schedule.
• Beyond delivery of the appraisal assignments, the appraiser can be called
to provide preparation and testimony for a Special Commissioners
Hearing. For this appraisal assignment, the fee for the preparation time
and testimony must be based on the hourly rate shown in the Provider's
Fee Schedule.
Task 5.Appraisal Review Service
• Review all appraisal reports for each parcel to determine consistency of
values, supporting documentation related to the conclusion reached,
compliance with Department policies and procedures and the Uniform
Standards of Professional Appraisal Practices.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.01.2014
Page 4 of 5
ATTACHMENT A
DESIGN SERVICES FOR
EASEMENT ACQUISITION SERVICES FOR IH 35-3C
CITY PROJECT NO.:02635
• Prepare and submit to the TNP-FTW Office the Form ROW-A-10
"Tabulation of Values", for each appraisal review assignment.
• As a review of an initial and update appraisal are two separate and
distinct appraisal assignments, the fees must consider the complexity of
each separate assignment as shown in the Provider's Fee Schedule
• Beyond delivery of the review appraisal of the initial and updated
appraisal documents, the review appraiser can be called to provide
preparation and testimony for a Special Commissioners Hearing. For this
appraisal assignment, the fee for the preparation time and testimony must
be based on the hourly rate shown in the Provider's Fee Schedule.
Engineer will prepare and submit baseline Project Schedule initially, and Project
Schedule updates with a schedule narrative monthly, as required in Attachment D to this
Standard Agreement and according to the City of Fort Worth's Schedule Guidance
Document.
Engineer will complete Monthly M/WBE Report Form and Final Summary Payment
Report Form at the end of the project.
Personnel and Vehicle Identification: When conducting site visits to the project location,
the ENGINEER or any of its sub-consultants shall carry readily visible information
identifying the name of the company and the company representative.
ASSUMPTIONS
• 6 MWBE reports will be prepared
• 4 meetings with city staff/Project
• 6 monthly water department progress reports will be prepared
• 6 monthly project schedule updates will be prepared
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
E. Monthly M/WBE Report Form and Final Summary Payment Report Form
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.01.2014
Page 5 of 5
ATTACHMENT B
COMPENSATION
Design Services for
IH 35W-3C
City Project No. 02635
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $38,920.00 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV—Summary of Total
Project Fees. The total lump sum fee shall be considered full compensation for
the services described in Attachment A, including all labor materials, supplies,
and equipment necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
City of Fort Worth Water Department monthly progress reports and schedules in
the format required by the City.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 1 of 3
B-1
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
Teague Nall & Perkins, Management&Acquisition $21,720 55.81
Proposed MBE/SBE Sub-Consultants
ML&M Reality Advisors Review Appraisals $4000 10.28
Non-MBE/SBE Consultants
Kyser Appraisal Services Appraisals $12000 30.83
Alamo Title Title Opinions $1200 3.08
TOTAL $ 38,920.00 100%
Project Number& Name Total Fee MBE/SBE Fee MBE/SBE
IH 35W-3C 38,920.00 $ 4000 10.28
City MBE/SBE Goal =_% Consultant Committed Goal = 10.28 %
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 2 of 3
B-2
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 3 of 3
B-3
Professional Services Payment Request Project Manager: J hn Kaeavich,P.E. Summary
Project: Easement Acquisition Services for IH 35W-3C uStoc
City Project#: 02635
City Sec Number:- consutant mstruc0ons:
Fill In green cells Including Invoice Number,From and To Dates and the Included worksheets.
Company Name:Teague Nall and PmIdns Whenyourinvolce lscomplete,saveandclose,start eu-sawandAddyourinvolceto the
consultant foider within Project's folder.
Consultant's PM: B01WSmbede email: ede
Vendor Invoice#: Office Address 1100 Mamn Sheet,Fort Werth,Texas 76102
Payment Request#: Telephone: 817-336-5M
From Date: Fax: 817-336-2813
To Date:
Invoice Date: Remit Address 11o0 Mama Street,Fort Wbdh,Texas 76102
Agreement
Agreement Amendment Amount to Completed Percent ($)Invoiced Current Remaining
Sheet FAC and Work Type Description Amount Amount Date Amount Completed Previously Invoice Balance
Work Type t Water 1 $29,196 $29,190-OC $29,190.
Work Type 2 Sanita Sewer 1 $9.7.30.0 $9.730.00 $9,730,
Work Type 3
Work Type 4
Work Type 5
Work Type 6
Totals This Payment Request $38.920.00 $38.920.00 $38.920.00
Overall Percentage Complete:
Professional Services Payment Request Project M Onager. John K—W h,P.E.
Project: Easement Acquisition Services for IH 35W-3C
City Project M 02635
Work Type Desc: Water conamtanunahamlona:
F/A/C: '
City Sec Number: Fill in green<ells including Percent Complete and Invoiced Prevbusiy quaniBes
Purchase Order: When yourinvolceis—pl-,save..dotose staet auzzsaw and Adtl your invoice to the
Cons0ltanl foidv within Pro7ecl's!alder.
Company Name:Taagl.Nan and Parana
Consultant's PM: Bill wmberiay email: bwMbedey @mpin—.M
Vendor Invoice 9: Office Address 1100 Macon St—t,Fod W M.Teaaa 76102
Payment Request#: Telephone: ety-ass--1
From Date: Fax: e17-35&2613
To Date:
Invoice Date: Remit 1100 Macon street,Fort Worth;Tesas 76102
Pay Items Agreement
Agreement Amendment Amendment Amount to Completed Percent ($)Invoiced Current Remaining
Description Amount Number Amount Date Amount Completed Previousiv Invoice Balance
42-NS agaBons/Easemanis/Le ai Fees $29190.00 $29.190. 529.190.0
Totals This Unit: szs.tso.o0 szs.tso.o0 <.zsl9om
Overall Percentage Complete:
t
Professional Services Payment Request Project M1lanagee John Kasa¢h,P.E.
Project: Easement Acquisition Services for IH 35W-3C
City Project#: 02635
Work Type Desc: Sanitary Sewer coo.wta�uaat�ouoa::
City Sec Number: Fll In green cells including Percent Complete and Invoked Proviauzly Q—Jties
Purchase Order: "+'�Tom'-- ;a=' _.__; Whenyagr lnvokck compNAt zaveand ckse,start B,m,wand Add yogr invoice to the
Ca—H.rt folder within Project's folder.
Nance: Teagee Na®and NWr ,
Consultant's PM: mi�a y email: o-alme.rley @.Pz—.
Vendor Invoice#: Office Address 1100 M.--.l,Fort MM.Te...M02
Payment Request#: Telephone: 817-3-57n
From Date: Fax: 817-3x-2813
To Date:
Invoice Date: Remit 1100 M.—street'Fort Worth,Teaas 76102
Pay Items Agreement
Agreement Amendment Amendment Amountto Completed Percent ($)Invoiced Current Remaining
Description Amount Number Amount Date Amount Completed Previousiv Invoice Balance
42-Ne atlatbnz/Easem.ntsRe al Fees 39.730. 39.n0. 39,7x.
Totals This Unit: 3 387-3°o0 33
submitted by:
Overall Percentage Complete:
Exhibit B-2
Level of Effort Spreadsheet
TASK/HOUR BREAKDOWN
Easement Acquisition Services for
IH 35W-3C
City Project No. 02635
Fee breakdown by Service
Parcel Owner Negotiation Fee A raisal Fee A raisal Review Fee Title Opinion
1E,2TE,5E,8E AlLlnvestments 5000 3000 1000 300
6E,10TE Wells Fargo 5000 3000 1000 300
7E,9TE,11TE ATC Investors 5000 3000 1000 300
PTE,4TE Triangle 1-35 Realty 5000 3000 1000 300
Totaisl 20000 12000 4000 1200
Fee Summary
TN P $20,000.00
Sub work+10% $18,920.00
Project Total $38,920.00
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Easement Acquisition Services for
IH-35W-3C
City Project No. 02635
No changes to the Standard Agreement.
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page 1 of 1
Consulting Contract Schedule Specifications FoRTWoRTH
City of Fort Worth Capital Improvement Program
Attachment D-Project Schedule
This PROTECT requires a Tier << >> schedule as defined herein and in the City's Schedule
Guidance Document,
D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall
prepare schedules for consulting services that meet the requirements described in this
specification, showing by Critical Path Method (CPM) the planned sequence and timing of
the Work associated with the Agreement. All submittals shall be submitted in PDF format,
and schedule files shall also be submitted in native file format (i.e. file formats associated
with the scheduling software). The approved scheduling software systems for creating the
schedule files are:
- Primavera(Version 6.1 or later or approved by CITY)
- Primavera Contractor (Version 6.1 or later or approved by CITY)
- Microsoft Project(Version 2003/2007 or later or approved by CITY)(PHASING OUT)
D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the
CONSULTANT shall develop, submit and review the draft detailed baseline consulting
services schedule with the CITY to demonstrate the CONSULTANT's understanding of the
Agreement requirements and approach for performing the work. The CONSULTANT will
prepare the final detailed baseline consulting services schedule based on CITY comments,if
any, and submit to the CITY no later than the submittal of the first project invoice.
The following guidelines shall be adhered to in preparing the baseline schedule, and as
described in further detail in the CITY's Schedule Guidance Document.
a. The scope shall be subdivided by work breakdown structure (WBS) representing the
tasks,subtasks, and activities associated with delivering the work.
b. The schedule shall accurately describe the major work activities,key milestones, and
dependencies/relationships as appropriate to the work.
c. The schedule should include appropriate meetings, review periods, critical decision
points,including third party utility dependencies and reviewing agencies.
D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare
and submit monthly to the CITY for approval the updated schedule in accordance with D1
and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses,
the CONSULTANT shall enter into the schedule and record actual progress as described in
the CITY's Schedule Guidance Document.
The updated schedule submittal shall also include a concise schedule narrative that
highlights the following,if appropriate and applicable:
• Changes in the critical path,
• Expected schedule changes,
• Potential delays,
• Opportunities to expedite the schedule,
• Coordination issues the CITY should be aware of or can assist with,
City of Fort Worth,Texas
Attachment D
PMO Release Date:02.15.2011
Page 1 of 2
® Other schedule-related issues that the CONSULTANT wishes to communicate to the
CITY.
D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work
accomplished falls behind that scheduled due to factors within the CONSULTANT's
control, the CONSULTANT shall take such action as necessary to improve the progress of
the Work. In addition, the CITY may require the CONSULTANT to submit a revised
schedule demonstrating the proposed plan to make up the delay in schedule progress and
to ensure completion of the Work within the allotted Agreement time.
D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS:
The requirements for the schedule are determined based on the nature and needs of the
project. The schedule tier for this project is stated at the top of this document.
CONSULTANT shall submit each schedule relying on the CITY's current Schedule
Guidance Document.
D6. SCHEDULE SUBMITTAL AND PAYMENT:
As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information
required by Attachment D. CONSULTANT's monthly invoices will not be accepted and
.processed for payment without monthly schedule updates that are submitted in the time
and manner required by Attachment D and the CITY's current Schedule Guidance
Document.
City of Fort Worth,Texas
Attachment D
PMO Release Date:02.15.2011
Page 2 of 2
CITY OF FORT WORTH ATTACHMENT D Teague Nall and Perkins,Inc.
EASEMENT ACQUISITION SERVICES FOR IH 36W-3C
CITY PROJECT NO. Project Schedule(Working Days)
ID Task Name Duration Start Finish s 016
Se Oct Nov Dec Jan Feb Mar A r Ma Jun
1 Easement Acquisition 140 days Mon 9128/16: Fri 418/16
2 Notice to Proceed 0 days. Mon 9/28/15: Mon 9/28/15 ® 9/28
3 Title Opinion 20 days Mon 9/28115, Fri 10/23/15 9'28 10/23
4 Appraisals 30 days. Mon 9/28/15', Fri 11/6/15 928 1116
5 Appraisal Review 10 days. Mon 11/9/15 Fri 11/20/1 11/9 11120
6 Negotiations 50 days Mon 1119/15' Fri 1115116
7 Offer of Purchase 10 days, Mon 11/9/15 Fri 11/20/15 1119 IM 11120
8 Signed Conveyance Documents 20 days' Mon 11/23/15 Fri 12/18/15 11/23 1218
9 Closing 40 days. Mon 11123115, Fri 1/15116 11123 1116
10 Final Offer 10 days- Mon 11/23/15 Fri 12/4/15 11123 M 1214
11 Condemnation - 80 days Mon 12121/15. Fri 4/8116 12121 418
D-1