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HomeMy WebLinkAboutContract 51253 CITY SECRETARY CITY OF FORT WORTH, TEXAS CONTRACTNO.� STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Adrian Murphy d/b/a Leadership Traffic Services, authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: Traffic Engineering Plan and Study Review. 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 the review of traffic engineering plans and studies. (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 sub-consultants, 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$50,00.00 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. Article III Term Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term beginning on the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. p CR3of Fort Worth,Texas 3Wdard Agreement for Professional Services OFFICIAL RECORD t'�vision Date: 11.07.17 `lidge 1,of 9 CITY SECRETARY FT.WORTH,TX 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 the work to be performed hereunder and of 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 respondeat 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) THE CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITr OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 2 of 9 Commercial General Liability $1,000,000 each occurrence $2,000,000 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 attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto 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. 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 3 of 9 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 VIII Termination of Contract (1) a. City may terminate this Agreement for its convenience on 30 days' written notice to Consultant. b. 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 the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If City chooses to terminate this Agreement, 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 II 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 4 of 9 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. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 5 of 9 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 Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XIII 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 XIV Contract Construction The parties acknowledge that each party and, if it so chooses, its counsel have reviewed 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 XV 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 6 of 9 Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVI 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: Steve Mason, P.E., CFM TPW— Stormwater Development Services 200 Texas Street Fort Worth, Texas 76102 Consultant: Leadership Traffic Services Attn: Adrian Murphy, PE, PTOE 1504 Whitaker Way Glenn Heights, TX 75154 Article XVII Prohibition On Contracts With Companies Boycotting Israel Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XVIII 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:11.07.17 Page 7 of 9 Article XIX Attachments, Schedules and 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. The following attachments and schedules are hereby made a part of this Agreement: Attachment A- Scope of Services Attachment B — Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH CONSULTANT Leadership Traffic Services ti9-Qti c�,� Adria Murphy, PE,ro��/ less-d--�kaa Su s �' /.fvis Owner ssis an i y anager / Date: Date: `l t� 1 APPROVAL RECOMMENDED- By: Douglas 4 rsig, P.E. Director, Transportation and Public Works OFFICIAL RECORD City of Fort Worth,Texas Standard Agreement for Professional Services CITY SECRET Revision Date:11.07.17 Ali Page 8 of 9 FTS WORTH TX Contract Compliance Manager: By signing, 1 acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. J-4 Frank Steven Mason, P.E., CFM Production Manager APPROVED AS TO FORM AND LEGALITY Form 1295 No. A- M&C No.: M&C Date: By: Douglas W. Black Sr. Assistant City Attorney ATTEST: pF................ Mary J. Kay r, City Secretary EoFFIICIAIL-RECORDRETARYCity of Fort Worth,Texas TH,TX Standard Agreement for Professional Services Revision Date 11.07.17 Page 9 of 9 ATTACHMENT "A" Scope of Work Drainage Review Assistance Services City Project No. 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. Under this scope, "ENGINEER" is expanded to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER. Under this scope, "CITY" is expanded to include the City of Fort Worth Project Manager and/or their representatives or designees. OBJECTIVE Leadership Traffic Services (ENGINEER) will provide for the City of Fort Worth Department of Transportation and Public Works services in the following areas: 1)Team Management and Professional Engineering Expertise for their staff, any sub-consultants, and City Staff as assigned, 2) Participate in Meetings as required and described, 3) provide assistance in reviews of Traffic Studies, (Grading and Traffic Impact Studies) 4), provide Plan reviews to include, but not limited to Grading Plans, Street Construction Plans, Infrastructure Plans, CIP Construction Plans, 5) provide Training For Consultants in Land Development Community, and 6) provide Communications and Reporting of taskings and reviews. WORK TO BE PERFORMED Task 1. Team Management and Professional Engineering Expertise Task 2. Participation in Meetings Task 3. Traffic Studies and Reports Reviews Task 4. Plan Reviews Task 5. Training For Consultants in Land Development Community Task 6. Communications and Reporting TASK 1. TEAM MANAGEMENT ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 1 of 5 TASK 2. PARTICIPATION IN MEETINGS ENGINEER will attend meetings at the direction of the City Project Manager or designee to represent the City of Fort Worth and/or answer questions that may occur over Plans or Studies they have reviewed. In some cases the meetings might be the first time anyone has seen the plan or study. The ENGINEER is expected to review plans, studies, or materials to make themselves familiar with subjects and topics of each meeting prior to attendance. The following is a list of, but not limited to, meetings the ENGINEER might be asked to participate in: • Pre Development Conferences (PDCs) meetings • Infrastructure Plan Review Center (IPRC) meetings • Planning Commission meetings • City Council meetings • Individual Projects meetings • TPW/ Development Services Team meetings TASK 3. TRAFFIC STUDIES AND REPORTS REVIEWS In general the purpose of a Traffic Study review is to confirm the potential impact of a development and that insure adequate street volumes exists and that adverse impacts will not result from the proposed project. ENGINEER will review Traffic Studies and Reports submitted to the City of Fort Worth. 3.1 Assignment of Work The City Project Manager or designee will notify the ENGINEER when a Study or Report is to be reviewed. Studies or Reports will be submitted to the ENGINEER in a digital format by email or the ENGINEER will be asked to obtain and pick up printed copies from the City. If any items are missing, unlegible, or any files are corrupt, the ENGINEER shall contact the Applicant to obtain any missing items or corrected files. The City Project Manager or designee will also provide additional background information needed by the ENGINEER such as existence of known traffic related problems. The notification to ENGINEER will constitute the Task Order Notice to Proceed for each respective review. 3.2 Types of Work Specific Work to be accomplished shall include, but not be limited to the review of the following studies and designs: • Safety Capacity Studies • School Studies • Intersection Control Studies • Traffic Signal Timing City of Fort Worth,Texas Attachment A Page 2 of 6 • Traffic Data Collection • Traffic Signing & Marking • Traffic Signal Design • Intersection & Roadway Design • Roadway Lighting DELIVERABLES A. Traffic Studies and Reports for each review with comments and mark ups as appropriate shall be sent to the designated applicants as well as the departments, sections, and/or personnel in the City of Fort Worth. B. Comment Letters (signed and sealed) and entry into Accela for each review as appropriate shall be sent to the designated applicants as well as the departments, sections, and/or personnel in the City of Fort Worth. TASK 4. PLAN REVIEWS In general the purpose of a Plan Review is to confirm adequate street design for the proposed development. ENGINEER will review plans with respect to Traffic and Street design in accordance with the City of Fort Worth design standards, criteria, and standard engineering principles and practices. Plan reviews normally will be under either Capital Improvement Projects (CIP) or Infrastructure Review Planning Center(IPRC) criteria, but small projects that do not fit either criteria will occasionally be included. Additionally ENGINEER will review plans for other areas such as Maintenance Agreements, Easements, Encroachments, Utility De- conflictions, and both Preliminary and Final Plats. 4.1 Assignment of Work The City Project Manager or designee will notify the ENGINEER when a project is to be reviewed. Plans will be submitted to the ENGINEER in a digital format by email or the ENGINEER will be asked to obtain and pick up printed plans from the City. The City will screen the application for completeness and specifically request the type of review needed, i.e. Traffic Study, Street Construction Plan, or other review. The package will include the information submitted to the City such as completed checklists, plans, computations, reports, and computer models. If any items are missing, unlegible, or any files are corrupt, the ENGINEER shall contact the Applicant to obtain any missing items or corrected files. The City Project Manager or designee will also provide additional background information needed by the ENGINEER such as existence of known traffic related problems. The notification to ENGINEER will constitute the Task Order Notice to Proceed for each respective review. 4.2 General Plan Reviews Comments will be shown with red marks on plan and calculation sheets and will be accompanied by brief commentary on each comment, within a transmittal letter or comments added in the City of Fort Worth Accela tracking system as necessary. Transmittal letters will be signed and sealed by the Review Engineer. Reviewed plans City of Fort Worth,Texas Attachment A Page 3 of 6 and transmittal letters will be electronically transmitted to the City in digital format and hand delivered to the City at a later time. The ENGINEER will be available to discuss comments with the City Project Manager or designee as needed. The City Project Manager or designee will be responsible for providing comments to the Developer and Design Engineer unless the ENGINEER is requested to do so. 4.3 CIP Construction Plan Reviews • Initial CIP Construction Plan Reviews will be in accordance with the City of Fort Worth design standards, criteria, and standard engineering principles and practices. Comments will provided on the plans or through Buzzsaw or Bluebeam. • Subsequent CIP Construction Plan Reviews will be prepared in the same manner as for initial reviews. 4.4 Infrastructure Plan Reviews 4.4.1 Pre-submittal Plan Reviews • ENGINEER will review submitted plans and provide comments at the pre- submittal meeting held on Thursdays. Comments, mark ups, and letters shall be sent as described in section 2.1. • ENGINEER may be asked to attend the pre-submittal meeting and discuss plan comments with the applicants as described in Task 2. • Subsequent Infrastructure Plan Reviews will be prepared in the same manner as for initial reviews. 4.4.2 Initial Infrastructure Plan Review • ENGINEER will review submitted plans and provide comments at the Initial Infrastructure Plan Review also referred to as the First Look. Comments, mark ups, and letters shall be sent as described in section 2.1. • ENGINEER may be asked to attend the Infrastructure Plan review meetings and discuss plan comments with the applicants as described in Task 2. • Subsequent Infrastructure Plan Reviews will be prepared in the same manner as for initial reviews. 4.5 Project Closeout • When all comments have been addressed to the satisfaction of the City, the City Project Manager or designee will notify the ENGINEER and the particular review will be considered closed. City of Fort Worth,Texas Attachment A Page 4 of 6 DELIVERABLES A. Plan reviews with comments and mark ups as appropriate shall be sent to the designated applicants as well as the departments, sections, and/or personnel in the City of Fort Worth. B. Comment Letters (signed and sealed) and entry into Accela for each review as appropriate shall be sent to the designated applicants as well as the departments, sections, and/or personnel in the City of Fort Worth. TASK 5. TRAINING FOR CONSULTANTS IN LAND DEVELOPMENT COMMUNITY ENGINEER may be asked to assist the City of Fort Worth TPW Section in training for the Land Development Community. For the purpose of this section Land Development Community can include City Staff, Engineering Consulting Firm(s), and/or Developer(s). This training can either be in a group setting or on a singular setting that could comprise any or all components of the Land Development Community. The training could consist of explaining Traffic Engineering related, principals, concepts, theories, as well as processes and procedures for projects and applications in the City of Fort Worth. 5.1 Develop plans and strategies for Land Development Consultant Training. • Identify most frequent issues and review problems from past Street and Traffic review projects. • Meet with City Development Review and TPW Staff to discuss and formulate best strategy for training. 5.2 Prepare materials for formal training sessions. • Use case studies from past City and Land Development Consultant reviews. • Employ Land Development Consultant, City Development Review, and TPW Staff experiences. • Use specific submitted/reviewed projects for examples. Such submitted/reviewed projects will have names of projects and persons removed • Prepare a "lessons learned" document that can be forwarded to consultants and posted on the City website. This will be a living document to be revised over time. 5.3 Prepare and provide to Land Development Consultants additional, simplified checklists and instructions to address the most frequent drainage submittal errors. 5.4. Conduct training sessions with Land Development Consultants 5.5. Document all training with digital products such as Power Points, handouts, etc. 5.6. Repeat training sessions up to three times per year. City of Fort Worth,Texas Attachment A Page 5 of 6 DELIVERABLES A. Lessons learned documents. B. Training materials such as Power Point presentations and handouts. C. Simplified checklists TASK 6. COMMUNICATION AND REPORTING ENGINEER will provide the following in order to insure proper Communication and Reporting with the CITY: • The ENGINEER will maintain a log of all Traffic Studies and Plan reviews in a manner approved by the City Project Manager. The log will include project name and number, dates of receipt of plans and studies, name of review engineer, date of completion of review, and status of review. • At the request of the City Project Manager, the ENGINEER will attend meetings with the Developer and Developer's Engineer to discuss comments and/or issues. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • 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. DELIVERABLES A. Traffic Studies and Plan Logs. B. Monthly invoices. C. Monthly progress reports. City of Fort Worth,Texas Attachment A Page 6 of 6 ATTACHMENT B COMPENSATION Traffic Review Assistance Services City Project No. Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Billing Rate-1 $Ihour Senior Project Principal $175.00 Project Principal $150.00 Professional Engineer $125.00 Engineer-in-Training EIT) $100.00 Engineering Technician $90.00 CADD Lead $85.00 CADD Tech $70.00 Admin Lead $75.00 Admin $65.50 ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 5 B-1 ATTACHMENT B COMPENSATION ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works 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 2 of 5 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Leadership Traffic Team Management and $ 50,000 100% Services Professional Engineering Expertise Participation in Meetings Traffic Studies and Reports Reviews Plan Reviews Training For Consultants in Land Development Community Communications and Reporting M/WBE Consultants None Non-M/WBE Consultants None TOTAL $ 50,000 100% Project Number& Name Total Fee (MBE)(SBE) (MBE)(SBE)% Fee Traffic Review Assistance $ 50,000 $ 0 15% City M/WBE Goal = 15% Consultant Committed Goal = 15 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 5 B-3 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 desired work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 5 B-4 Leadership Traffic Services Invoice-T&PW 1504 Whitaker Way Proj.Invoice No. Glenn Heights,TX 75154 Invoice date: Tel: 214-985-9630 Period (From-To) Fax: DOE No. email:aomurphy@leadershiptraffic.com T&PW Proj No. City Secy.Cont. No. COFW Project Manager Steve Mason,P.E.,CFM Consultant's Project Manager: Adrian Murphy,P.E.,PTOE Name of Project: TRAFFIC REVIEW ASSISTANCE Work Phase TRAFFIC REVIEWS Revised Amt. Orig.Amount incl.Amendment I Year 1 Traffic Review Assistance $ 50,000.00 $ - $ - CONTRACT AMOUNT $ 50,000.00 $ - TOTAL CONTRACT AMOUNT $ 50,000.00 TOTAL CONTRACT AMOUNT TO DATE(including amendments) $ 0.00 TRAFFIC REVIEWS TRAFFIC TOTAL CONTRACT REVIEW DESCRIPTION OF WORK THIS INVOICE PREVIOUS AMT. NUMBER INVOICES REMAIN[NG ETR01 Traffic Review No. 1 Name $ - $ - $ - ETR02 Traffic Review No. 2 Name $ - $ - $ - ETR03 Traffic Review No. 3 Name $ - $ - $ - ETR04 Traffic Review No.4 Name $ - $ - $ - ETR05 Traffic Review No. 5 Name $ - $ - $ - ETR06 Traffic Review No.6 Name $ - $ - $ - ETR07 Traffic Review No. 7 Name $ - $ - $ - ETR08 Traffic Review No. 8 Name $ - $ - $ - ETR09 Traffic Review No. 9 Name $ - $ - $ - ETR10 Traffic Review No. 10 Name $ - $ - $ - ETR11 Traffic Review No. 11 Name $ - $ - $ - ETRxx Traffic Review No.xx Name $ - $ - $ - $ - $ - $ - $ - List all amendments to date Do not invoice for additional work until the related amendment has been executed by the city) City Secy. Date Amendment No. Description Contract No. Executed Total Amount for the by City amendment 1 2 $ - 3 $ - 4 $ - TOTALS $ - TOTAL THIS INVOICE SO.00 Make all checks payable to Leadership Traffic Services Submitted by: Adrian Murphy,P.E.,PTOE Senior Project Principal Leadership Traffic Services 1504 Whitaker Way Glenn Heights,TX 75154 City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 5 of 5 B-5