TR9303-CS 930907 (2)PROFF_~SIONAL SF.,R~C~ AGRE~
This AGI~.h~.MENT made ;md entered into this [_~kday of ZJS, j ~,_ , 19 cft, by and
between Barton-Aschman Associate.s, Inc., a Delaware corporation with principal offices at 820
Davi$ Street, Evanston, Illinois 60201, hereinaftez refe. rxerl tn ~.x the "CONSIJLTANT' and The
City of DeSoto, Texas, hereinafter referred to as the "CLIENT";
WITNESSETH:
WHEREAS, the CLIENT desires to engage the services of the CONSULTANT to furnish
technical and professional assistance ia connection with the development of transportation related
impact fees, in accordance with Chapter 395 of the I_rx:al Government Code, hereinafter referred
to as the "PROJECT" and the CONSULTANT has signified his willingness to furnish technical
and professional acrvices to the CLIENT;
NOW THEREFORIS, the parties hereto do mutually agi'ee aa followa:
Scope of CONSULTA1WI"s Services. The CONSULTANT agrees to perform in a good
and professional manner those services outlined in Attachment A, a copy of which is
attached hereto and incorporated in this AGREEMENT.
Information and Services to be Provided by the Client. The completion of the services
to be performed by tll~ CONSULTANT under thc AGREF2d'ENT is confngent upon the
timely r~eipt from the CLmNT, at no cost to the CONSULTANT, of services, data,
and reports described in Attachment B, a copy of which is attached hereto and
incorporated in this AGREEMENT.
CONSULTANT's Comcensation. The CONSULTANT shall be compensated for
services rendered under the terms of the AGREEMENT on the basis of the
CONSULTANT's hourly rates in effect at the ~me such se. rv~c~ ;are performed for the
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staff dine devoted to the project, plus reimbursement at actual cost for directly related
job expenses such as travel, subsistence, printing, etc. Individual I-Iour[y Rates are
within the range specified in Attachment C, a copy of which is attached hereto and
incorporated into this agreement. The estimated maximum cost for CONSULTANT
services undez this AGREEMENT is Twenty-Eight Thousand Pour Hundred Dollars and
no/100 ($28,400). The CONSULTANT will not exceed this sum without specific written
authorization from the CT.T~.NT or an amendment to this AGREEMENT.
Dm
Method of Payment. The CONSULTANT shall submit monthly invoices for costs
incurred on the PROJECT during thc billing period. Invoices will be based on thc
CONSULTANT's hourly rates fox' staff time expended on the PROJECT plus
reimbursement at actual cost for directly related job expenses such as travel subsistence,
printing, etc. Invoices are due and payable no later than thirty (30) days of invoice date.
P. ecotds. The CONSULTANT shall maintain daily time sheets of all work done on
behalf of the CLIENT and shall maintain detailed expense statements. The daily time
sheets and expense statements shall be made availabl~ tu the CLIENT promptly upon
request.
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Term. The term of this AGREEMENT shall begin on the date executed by the parties
and shall continue until all services have been tendered by the CONSULTANT under the
work program unless terminated sooner under thc provisions of this AGREEMENT.
Changes and Additional Work. The undertaldng of the CONSULTANT to perform
professional services under this AGREEMENT extends only to those services specifically
described herein. If changes or extra work are requested and authorized tn writing by
the CLIENT, the CONSULTANT will be available to furnish, or obtain from others, the
followhtg types of ~-vicc$:
Extra work due to change in the general scope of the study including, but not
limited to, changes in size, complexity, or character of thc work items.
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Additional or extended scrvicc, including project administration due to: (1) the
prolongation of the AGREEMENT time through no fault of the CONSULTANT,
(2) the acceleration of' the work scherluie involving services beyond normal
working hours, or (3) nondelivery of any materials, data, or other information to
be furnished by the CLIENT or others not within the control of the
CONSULTANT.
Additional services and costs necessitated by travel required of the
CONSULTANT other than the visits to the PROJECT as specified in Attachment
A, Scope of Scrvices.
Other additional services requested and authorized by the CLIENT which arc not
otherwise provided for under this AGREEMENT.
The Client shall pay CONSULTANT for the performance of such changes and additional
work an amount (in add[tion to all other amounts payable under this Agreemen0
equivalent to (i) the hours expe. nfle. d hy personnel for additional services multiplied by
the hourly rote in effect at such time services are performed, plus (ii) the reimbursable
expenses so incurred by CONSULTANT in providing such ~crvic, e.,s. CONSULTANT
agrees to submit a written estimate of costs for additional services. The CLIENT is only
liable to pay for said services' after agreeing in writing to pa), the costs submitted in the
estimate.
Termination. The CLIENT and the CONSULTANT will have the right to terminate the
AGRRF. MENT by written notice to thc other party at least thirty (30) days prior to thc
~l:~ci.ficd effective dam o£ such termination. In such event, ali fini.~hecl and tmfinished
documents and work papers prepared by the CONSULTANT under the AGREEMENT
will, at the option of Lbo CLIENT, become its property, and ti,,.- CONSULTANT bo pa.id
ail costs incurred for services rendered up to ~he date of such termination.
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ExCu~ble .Deja}ts. Encep[ with reSl:~¥ct to defaults of ~ubcontr~tct~ors ;of thc
CONSULTANT, the CONSULTANT will not be in dcfault by reason of any failure in
performance of this AGREEMENT in accordance with its terms (includin§ any failure
by the CONSULTANT to make progress in the prosecution of the work hereunder which
endangers such performance) if such failure arises out of muses beyond the control and
without the fault or negligence of the CONSULTANT. Such muses may include, but
axe not restricted or limited to, acts of God, or of the public enemy, acts of the
government in either its sovereign or contr~chml capadty, fires, floods, epidemics.
quarantine restrictions, strikes, freight embargoes, and unusually severe weather but ia
every case the failure to perform mu~[ be beyond thc control a_nd without thc fault of
negligence of the CONSULTANT or its subconsultaat or its subcontractor. If the failure
to perform is mused by the failure of a subconsultant or subcontractor to perform or
make progress, and if such fa/lure arises out of muses beyond the control of both the
CONSULTANT and the subcontractor, and without the fault or negligence of either of
them, fha CONSULTANT will not be deemed to be in default.
lXloticcs. Any notice required or desired to be given to either party hereto shall be
deemed to be delivered: (i) on the date of delivery, if hand delivered; (ii) one (1) day
after sending, if sent by overnight courier; or (iii) three (3) days after thc sam~ i:~ po,ted
in a U.S. mail receptacle, postage prepaid, to the address of the applicable pasty set out
below such party's signature hereinbelow, if sent by mm'l. Either party hereto may
change such party's address for notice, but until written notice of such change is actually
received by the other party, the last address of such party designated for notice shall
remain such party's address for notice.
No Assignment. Neither party ~hall have thc right to ~:dgn that party's interest in this
AGREEMENT without the prior written consent of the other party.
Severability. If any term or provision of this AGREEMENT is held to be illegal,
invalid, or unenforceable, the legality, validity, or enforceability of the remaining terms
or provisions of this AGREEMENT shall not be affected thexeby, and in lieu of each
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such illegal, invalid, or unenforceable term or provision, there shall be added
automatically to this AGI~-~.MENT a legal, valid, or enforceable term or provision as
similar as possible to the term or provision declared illegal, invalid, or unenforceable.
Waiver, Either party shall have the right to waive any requirement contained in this
AGR~EMEN-T, which is intended for the waiving party's benefit, but, except as
otherwise provided herein, such waiver shall be effective only if in writing and executed
by the paxty for whose benefit such requirement is intended.
Oovcming Law. This AG1UEEMENT and all of the trm~tctioim ~.-unt~ulplated hea~ein
shall be governed by and construed in accordance with the laws of the State of Texas.
..Paragraph Headings, The paragraph headings contained in this AGRg. F~MENT are for
convenience only and shall in no way enlarge or limit the scope or meaning of the
various and several paragraphs hereof.
Bhiding Effect. Except a~ limited hcrcin, thc terms and provisions of this
shall be binding upon and inure to the benefits of the parties hereto and their respective
heirs, devisees, personal and legal representatives, successors, and assigns.
Counterparts. This AGREEMENT has been executed in multiple counterparts, each of
which shall be deemed an original, and all of which shall constitute but one and the same
instrument.
Relationship of Parties. Nothing contained in th/s AGRFI:]VIENT shall be deexacd or
construed by the parties hereto .or by any third F,,,ty to create thc relationship of
principal and agent or of partnership or of joint venture or of any association whatsoever
between the parties, it being expressly understood and agreed that no provision contained
in this AGREEMENT nor any act or acts of the parties hereto shall be deemed to create
any relationship between the parties other than the relationship of a purchaser and an
independent contractor.
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Costs of Collection and Attorney's Fee for Breach of Agreement. In the event litigation
in any way related to the services performed hereunder is initiated against
CONSULTANT by the CLIENT, its contractors, or subcontractors, and such litigation
concludes with the entry of a final judgment favorable to CONSULTANT, the CLIENT
is liable to CONSULTANT for all of its reasonable attorney's fees, court costs, and
other e. nsta it may be legally entitled to related to said litigation. Similarly, in the event
litigation in any way related to the services lw. rformed hereunder is initiated against the
CLIENT by COlqtSULTAlqT, and such litigation concludes with the entry of a final
judgment favorable to the CLIENT, CONSULTANT is liable to the CLIENT for al1 its
reasonable attorney's I~es, court costs, and any other costs it may be legally endued to
related to such litigation.
Indemnification. The CONSULTANT will indemnify, keep, and save harmless the
CLIENT, its agents, officials, and employecs while acting within the scope of their duties
against all ~uits or claims flaat may be based on any injury to ~ns or property that is
the result of a negligent actor omission of the CONSULTANT or any l:erson employed
by the CONSULTANT, arising out of thc ¢.xecufion of fl~is AGREEMFAN'T.
Reuse of Documents. All documents, including but not limited to drawings and
specifications, prepared by CONSULTANT pursuant to this AGREEMENT are related
exclusively to the services described heroin. The documents prepared by
CONSULTANT uader this AGENT shall become the property of the CLIENT
without limitation, except as to confidential matters or Wade secrets of the
CONSULTANT. CONSULTANT agrcca that all documents may be subject to disclosure
under the Texas Open Records Act, Article 6252-i7, V.A.T.S.
Project Coordination. The client hereby designates J.T. Dunkin and Associates, Inc, to
act as its representative with primary responsibilities to include tho coordination of all
participating agencies (including the services of the Consultan0 and providing timely
directiv~ to the Consultant during the execution of the project.
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The Parties hereby agree to the foregoing terms and conditions and hereby direct the
CONSULTANT to proceed with the aforementioned work.
Executed this /r/'*/~ day of D'"q~*- ,1990.
IN WITNESS WItEKEOF, the CLIENT and the CONSULTANT have executed this
AGREEMENT on the date and year first above written.
BAI{TON-ASCPIMAN ASSOCIATES, INC.
Name: Gary ~ lost
Title: Principal Associate
Attest:
Address for No/ice:
Consultant
Barton-Aschman Associates, Inc.
5485 Belt Line Rd., Ste 199
Dallas, Texas 75240
AT/N: Robert C. Wunderlich
CITY O~ DESOTO
Name: David Doyle
Title: Mayor
City of DeSoto, Texas
Client
City of DeSoto
200 S. Hampton Road
DeSoto, Texas 75115
ATTN: Pat Mitchen
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ATTACHMENT
City of DeSoto
Roadway Impact Fees
Proposed Scope of Work
m
Project lnidatio n/Orientation
1.1 Present and discuss methodology and approach
1.2 Recommend methodology and approach
1.3 Coordinate phasing of tasks with City and other consultants
1.4 prepare proiect schedule
Compile Data
2.1
2.2
2.3
Review available traffic and roadway data
Prepare list of additional needs
Reduce data into impact fee database format
Develop Service Areas
3.1 Review existing Traffic Survey Zone (TSZ) Map
3.2 Revise TSZ's (if necessary)
3.3 P~epare $orvic~ Area Boundary Mop
Prepare Inventory of Ex[sting Roadways
4.1
4.2
4..3
Prepare roadway inventory database
Calculate existing usage
Calculate existing deficiencies
Coordinate NCTCOG Modeling Activities
5.1 Review base test network
5.2 Review traffic forecasts
5.3 Recommend improvements based on traffic forecasts
5.4- Estimate 10-year trip generation increase for each service area
Assist Development of lO-Year Roadway Improvement Projects
6.1 Review eligibility criteria with City
6.2 Review proposed recoupment projects
6.3 Recommend new projects based on traffic forecasts
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'7.
10.
11,
Prepare Roadway Projects Dataha.~e
7,1
7.2.
7.3
Compile project information including length, cost and capacity into database
Calculate net service units provided by roadway projects
Calculate service units generated by new development
CalculQt¢ M~murn Fee Per Service Unit
8.1
8.2.
8.3
Calculate actual cost per service unit in each service area
Compare =ervice units provided by roadway proiect~ to service units generated
by new development
Calculate maximum allowable fee per service unit
Develop Service Unit Generation Rates
9.1 Develop s~rvicu uni[ generation rates for specific land uses
9.2 Adjust for State Highway (non-freeway) travel
9.3 Prepare equivalency table
Documentation
10.1
10.2
10,3
10.4,
10.5
Prepare and submit five (5) copies of dratt Roadway Improvements Plan
documentation for review
Prepare and submit one reproducible and five (5) copies of final Roadway
Improvements Plan documentation
Prepare and submit five (5) copies of draft report on Development of
Transportation Impact Fees for review
Prepare and submit one (1) reproducible and five (5) copies of final repor~ on
Development of Transportation Impact Fees
Submit computer disk containing all database (dbase4 format) and report files
(WordPerfect 5.1 format) developed as a part of this project.
1 1.1 Participate in study team meetings as requested by project coordinator.
1 1.2 Particip~.e i,~ up to two (2) public mecting~ as requested by project coordinator.
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ATTACHMET~'I' B
information to be Provided by
City of DeSoto
Current Thoroughfare Plan map (to scale) in reproducible form (with TSZ boundaries,
if available)
Inventory of existing roadway capital improvements, by segments identified by Barton-
Aschman, including:
distance
number of lanes
cross-section
p.m. peak-hour directional volumes
10-Year Impact Fee Roadway Capital Improvements Program list with cost estimates
for new or existing roadway projects included in the program by segments identified
by Barton-Aschman.
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Principal Associate
Senior Ae~ociate
Associate
Technical Support
Clerical Support
~arton-A=chman A=sociat=~s, Inc.
Dallas, Texas
Hourly Rates
$ 60- 105
~ 45 - 65
~ 45 - 60
~ 25 - 50