HomeMy WebLinkAboutContract 52421 JUN 14 2019
Gl CI01.ij Rj a'f CITY SECRETARf
CITY OF FORT WORTH, TEXAS CONTRACT NO. 5 a L�a i
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 $45,000.00 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.
City of Fort Worth,Texas OFF OAL RECORD
Standard Agreement for Professional Services CITY SECRETARY
Date: 11.07.17
Page 1 of 9 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 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) 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 CITI9 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 15t4, 4ii4l Mq&&C *04 iol /_
Prohibition On Contracts With Companies Boycotting Israel . 95
Consultant ac ledges that in accordance with Chapter 227 �theexas Government
Code, the City is pr ited from entering into a con with a company for goods or
services unless the contra ontains a writtenLyefification from the company that it: (1)
does not boycott Israel; and (2) wi b ott Israel during the term of the contract. The
terms "boycott Israel" and "compa ' sha a the meanings ascribed to those terms in
Section 808.001 of the Tex overnment Code. signing this contract, Consultant
certifies that Cons nt's signature provides writte rification to the City that
Consultant: Q oes not boycott Israel; and (2) will not bo cott Israel during the
term of 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 Service
rian Murphy, E,
Su n Alanis ner
stant City Manager
Date:
Date:
APPROVAL RECOMMENDED:
By:_
A��—
Steve C e
Interim r, Transportation & Public Works
City of Fort Worth,Texas OFHCOAL RECORD
Standard Agreement for Professional Services
Revision Revision Date:11.07.17
Page 8 of 9
Contract Compliance Manager.-
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requirements.
Fran Steven Mason, P.E., CFM
Production Manager
APPROVED AS TO FORM AND LEGALITY
Form 1295 No. A4
M&C No..
M&C Date:
By:
Douglas W. Black
Sr. Assistant City Attorney
ATTEST: FORT
4J. K'
City Secretary
City of Fort Worth,Texas OFFICIAL RECORD
Standard Agreement for Professional Services
Revision Date:11.07.17 CITY SECRETARY
Page 9 of 9
FT WORTH, TX
Note: HB793 BECAME EFFECTIVE MAY 7,2019.THIS CHANGE IS A RESULT OF THAT BILL.
PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, if Contractor has 10 or more full time-employees and the contract value is$100,000
or more,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,Contractor certifies that Contractor's signature provides written verification to
the City that if Chapter 2270,Texas Government Code applies,Contractor: (1)does not boycott Israel;
and (2)will not boycott Israel during the term of the contract.
ATTACHMENT "A"
Scope of Work
Traffic 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
($/hour)
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 $ 45,000 100%
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 $ 45,000 100%
Project Number & Name Total Fee (MBE)(SBE) (MBE)(SBE)%
Fee
Traffic Review Assistance $ 45,000 $ 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
Year 1 Traffic Review Assistance $ 45,000.00 $ -
CONTRACT AMOUNT $ 45,000,00 $ -
TOTAL CONTRACT AMOUNT $ 45,000.00
TOTAL CONTRACT AMOUNT TO DATE(including amendments) $ 0.00
TRAFFIC REVIEWS
TRAFFIC TOTAL CONTRACT
REVIEW DESCRIPTION OF WORK THIS INVOICE PREVIOUS AMT.
NUMBER INVOICES REMAINING
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 $0.00
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