Loading...
HomeMy WebLinkAboutContract 47041 (2)' FP 2 3 201s; % • a sl1 mai CITY at: jJr/1, r CONTRACT NO. 7.. itint CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL S 9 ; RVOC 5 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 1 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. Compensation Article II 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 Standard Agreement for Professional Services Revision Date: 9/24/2014 Page 1 of 8 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 supenor 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. g. 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. 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 Consultants insurance. 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. 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 VIII 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. Attno 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 BY: CITY OF FORT WORTH Jesus J. Chapa Assistant City Manager Date: APPROVAL RECOMMENDED: By: Andrew T. Cronber , P). E. Assistant Director, ay o,2015. ater Department BY: ENGINEER Teague Nall & Perkins, Inc. "Hilton, ' E. Vice President Date: //6/ 1J APPROVED AS TO FORM AND LEGALITY M&C No.: B Douglas W. Black Senior Assistant City Aftorne Qhr ATT ST: Mary J. K City Secretary City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 9/24/2014 Page 8 of 8 B i — 4 s•—if<i)-3N8 4 1 N/A M&C Date: N/A LOFFICIAL RECORD CITYSECRETARY FT. WORTh, TX 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. Task 1. Task 2. Task 3. Task 4. Task 5. WORK TO BE PERFORMED Project Administration Title and Closing Services Negotiation Services Real Estate Appraisal Service 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 PMO Release Date: 08.01.2014 Page2of5 Task 3. Negotiation Services ATTACHMENT A DESIGN SERVICES FOR EASEMENT ACQUISITION SERVICES FOR IH 353C CITY PROJECT NO.: 02635 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 ATTACHMENTA 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 S tandards 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 P rofessional 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 P roject 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 S tandards 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 S chedule updates with a schedule narrative monthly, as required in Attachment D to this S tandard 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. P ersonnel 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 Page5of5 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. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by anofficer 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 P rime Consultant Teague Nall & Perkins, Management & Acquisition P roposed MBE/SBE Sub -Consultants ML&M Reality Advisors Review Appraisals N on-MBE/SBE Consultants Kyser Appraisal Services Appraisals Alamo Title Title Opinions Project Number & Name IH 35W-3C City MBE/SBE Goal = _% City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09,2012 Page 2 of 3 Fee Amount $21,720 55.81 $4000 10 28 $12000 30.83 $1200 3.08 TOTAL $ 38,920.00 Total Fee 38,920.00 MBE/SBE Fee $ 4000 100% MBE/SBE % 10.28 Consultant Committed Goal = 10.28 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 Professional Services Payment Request Project Manager: 'Jahn Kasavich,P. Project: 'Easement Acquisition Services for IH 35W-3C City Project #: 102635 City Sec Number: L= == =-:I' Company Name: 'Teague Nall and Perkins Consultant's PM: lentwmbeder Vendor Invoice #: 1 Payment Request #: I From Date: To Date: Invoice Date: Sheet Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Consultant Instructions: Summary Fill In green cells Including Invoice Number, From and To Dates and the Included worksheets. When your invoice is complete, save and close, start Buzzsaw and Add your Invoice to the consultant folder Nyietin Project's folder. email: &nm,bedavleMolnc tom_ I Office Address 1I W Macon Street. Fortl:xth, Texas 76102 Telephone: 1817-336s773 I Fax: 1817-336-2813 I Remit Addressl1t00 Macon street, FortWorth, Texas 76102 PAC and Work Type Description Water Sanitary Sewer Totals This Payment Request Agreement Amendment Amount Amount $29.190.00 $9.730.00 $38 92000 Agreement Amount to Date $29,190.0C $9,730.0C $38,920.00 Overall Percentage Complete: Completed Amount Percent ($) Invoiced Completed Previously tillaoc- Current Invoice Remaining Balance $29,190. $9,730. $38 920 00 Professional Project: City Project #: Work Type Desc: F/A/C: City Sec Number: Purchase Order: Services Payment Request Project Manager: John Hasa Easement Acquisition Services for IH 35W-3C 02635 Water Company Name: Teague Nall and Perkins Consultant's PM: Eelvumberley Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Pay Items Description 92- NeootiationsJEasemsnts/Leoal Fees L Totals This Unit: Consultant instructions: Fill In green cells including Percent Complete and Invoiced Previously Quanities When your Invoke is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: evv;imberley@tnpmacom Office Address 1100 Macon Street, Fort North, Texas 76102 Telephone: 91 ]J 36-5773 Fax: 617-336-2013 Remit 1100 Macon Street, Fort Worth, Texas 76102 Agreement Agreement Amendment Amendment Amount to Completed Amount Number Amount Date Amount $29.190.OG $29.190.00 $29.t90 g0 $29.190 W Overall Percentage Complete: Percent ($) Invoiced Current Remaining Completed Previously Invoice Balance $29,190.00 32919QQ Project: City Project #: Work Type Desc: F/A/C: City Sec Number: Purchase Order: Name: Professional Services Payment Request Project Manager: John Kasavich, P.E. Easement Acquisition Services for IH 35W-3C 02635 Sanitary Sewer consultant lestmetmns: Teague Nall and Perkins Consultant's PM: ell Wmbedey Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Pay Items Description 42- Ns collations/Easements/Leval Fees Totals This Unit: Submitted by: Fill In green cells Including Percent Complete and Invoiced Previously puanities When your Invoice Is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: bvdmberley@Inpnc.com Office Address 1100 Macon street. Fort Worth, Texas 76102 Telephone: 817-3 36-5773 Fax: 817-336-2813 Remit 1100 Macon street, Fort Worth, Texas 16102 Agreement Amendment Amendment Amount Number Amount $9.730 00 Agreement Amount to Date $9.130-00 $9a3s.00 Overall Percentage Complete: Completed Amount Percent ($) Invoiced Completed Previously, Current Invoice Remaining Balance 39.730.00 Parcel 1E, 2TE, 5E, 8E 6E, 10TE 7E,9TE, 11TE 3TE, 4TE TNP Sub work +10% Project Total Exhibit B-2 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Easement Acquisition Services for IH 35W-3C City Project No. 02635 Owner AIL Investments Wells Fargo ATC Investors Triangle 1-35 Realty Totals Fee Summary $20,000.00 $18,920.00 $38,920.00 Fee breakdown by Service Negotiation Fee 5000 5000 5000 5000 20000 Appraisal Fee 3000 3000 3000 3000 12000 Appraisal Review Fee 1000 1000 1000 1000 4000 Title Opinion 300 300 300 300 1200 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 City of Fort Worth Capital Improvement Program FORT WORTH Attachment D - Project Schedule This PROTECT requires a Tier « » schedule as defined herein and in the Citii's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: 1'he 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 tuning 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). 1'he 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 SFRVICFS SCHFDULE: 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 Agieement requirements and approach for performing the work. 1'he 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. 1'he 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 mclude appropriate meetings, review periods, critical decision points including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVIChS 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 o 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 SUBMFI I AL 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 CFI Y'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 EASEMENT ACQUISITION SERVICES FOR IH 35W - 3C CITY PROJECT NO. ID Task Name 1 Easement Acquisition 2 Notice to Proceed 3 Title Opinion 4 Appraisals 5 Appraisal Review 6 Negotiations 7 Offer of Purchase 8 Signed Conveyance Documents 9 Closing 10 Final Offer 11 Condemnation ATTACHMENT D Project Schedule (Working Days) Duration 140 days 0 days 20 days 30 days 10 days 50 days 10 days 20 days 40 days 10 days 80 days Start ( Finish Mon 9/28/15 Fri 4/8/16 Mon 9/28/15 Mon 9/28/15 Mon 9/28/15 Mon 11/9/15 Mon 11/9/15 Mon 11/9/15 Mon 11/23/15 Mon 11/23/15 Mon 11/23/15 Mon 12/21/15 Mon 9/28/15 Fri 10/23/15 Fri 11/6/15 Fri 11/20/15 Fri 1/15/16 Fri 11/20/15 Fri 12/18/15 Fri 1/15/16 Fri 12/4/15 Fri 4/8/16 Seo I Oct 1 Nov I Dec 016 Jan Feb Teague Nall and Perkins, Inc. Mar Aor ® 9/28 9 28 9'28 12'18 10/23 11/6 11/9s: 11/20 11/9 € 11/20 11/23 11/23 11/23 ® 12/4 12/21 1/15 4/8 I May I Jun Hidet Ok UuutMr-i u e N'WN aa"arecce Perk i., ri'r...,,,n; (I: Keller Watauga 1J Wirth Richland H I„r EASEMENT ACQUISITION SERVICES FOR IH35W-3C CITY PROJECT NO. 02635 LEGEND PARCELS WITH EASEMENT ACQUISITION Attachment E ORT 0TH teague nall & perkins 1 OF 1 I . _ L KELLER I III I 1 n HICKS RD. Project Location GOLDEN TRIANGLE BLVD. I 0 1 i- uuununnll 1111 11111111111 111 1111 � 1