2002-062FILE REFERENCE FORM 2002-062
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Change Order One approved by Ordinance No. 2004-050
03/02/04
) R
Change Order Two approved by Ordinance No. 2004-300
10/05/04
)R
Change Order Three approved by Ordinance No. 2005-316
10/18/05
)R
Change Order Four approved by Ordinance No. 2006-281
09/26/06
) R
Change Order Five approved by Ordinance No. 2007-253
11/06/07
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Change Order Six approved by Ordinance No. 2008-224
09/23/08
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Change Order Seven approved by Ordinance No. 2009-246
10/06/09
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Change Order Eight approved by Ordinance No. 2010-239
09/21/10
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AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT (PSA) WITH INNOVATIVE TRANSPORTATION SOLUTIONS, INC.
FOR TRANSPORTATION SERVICES AS SET FORTH IN THE CONTRACT;AND
PROVIDING AN EFFECTIVE DATE (PSA 2789 - PROFESSIONAL SERVICES AGREEMENT
FOR TRANSPORTATION SERVICES TO INNOVATIVE TRANSPORTATION SOLUTIONS,
INC., FOR A TOTAL AMOUNT OF $70,000).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
SECTION 1. That the City Manager is hereby authorized to enter into a professional service
contract with Innovative Transportation Solutions, Inc.., to provide professional, architectural and
related services for the Cross Timbers Park, a copy of which is attached hereto and incorporated by
reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~,~'~/~ dayof ~7~/2Z~//]
EULINE BROCK, MAYOR
2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAI~FORM:
PSAt2789 -TRANSPOR{I'A'I~ )N SERVICES FOR PROFESSIONAL SERVICES ORDINANCE
PROFESSIONAL SERVICES AGREEMENT FOR
FOR ENGINEERING SERVICES
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT is made and entered into as of the 5th day of March, 2002 by and
between the City of Denton, Texas, a Texas municipal corporation, with its principal
office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter
called "OWNER" and Innovative Transportation Solutions, Inc., with its corporate
office located at 2701 Valley View Lane, Farmers Branch, Texas, hereinafter called
"CONSULTANT," acting herein, by and through their duly authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein
contained, the padies hereto do mutually agree as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the CONSULTANT, as an independent contractor,
and the CONSULTANT hereby agrees to perform the services herein in connection with
the Project as stated in the sections to follow, with diligence and in accordance with the
highest professional standards customarily obtained for such services in the State of
Texas. The professional services set out herein are in connection with the following
described project:
The Project shall include, without limitation, services for the identification, development
and implementation of major transportation and infrastructure projects including a
critical time line for each project identified and the steps necessary to bring each project
to completion.
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner:
The CONSULTANT shall perform all those services as necessary and as described in
the Scope of Services, which is attached hereto and made a part hereof as Exhibit "A"
as if written word for word herein.
The CONSULTANT shall perform all those services set forth in CONSULTANT's Price
Proposal for Engineering services associated with transportation infrastructure
consultation per Exhibit "A" which is attached hereto and made a part hereof as if
wdtten word for word herein.
If there is any conflict between the terms of this Agreement and the exhibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms
and conditions of the attached exhibits or task orders.
ARTICLE Ill
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included in the above-described Basic Services, are described
as follows:
During the course of the Project, as requested by OWNER, the CONSULTANT will be
available to accompany OWNER's personnel when meeting with the Texas Natural
Resource Conservation Commission, U.S. Environmental Protection Agency, or other
regulatory agencies. The CONSULTANT will assist OWNER's personnel on an as-
needed basis in preparing compliance schedules, progress reports, and providing
general technical support for the OWNER's compliance efforts.
Assisting OWNER or contractor in the defense or prosecution of litigation in connection
with or in addition to those services contemplated by this Agreement. CONSULTANT, if
any, shall furnish such services, on a fee basis negotiated by the respective parties
outside of and in addition to this Agreement.
Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
Appearing before regulatory agencies or courts as an expert witness in any litigation
with third parties or condemnation proceedings arising from the development or
construction of the Project, including the preparation of engineering data and reports for
assistance to the OWNER.
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution of this Agreement by the
OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER,
and shall remain in force for the period of performance through September, 2002, or as
required for the completion of the Project, including Additional Services, if any, and any
required extensions approved by the OWNER. This Agreement may be sooner
terminated in accordance with the provisions hereof.
ARTICLE V
COMPENSATION
COMPENSATION TERMS:
"Subcontract Expense" is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services in the nature of testing, estimating,
structural studies, designing, electrical analysis, etc.
"Direct Non-Labor Expense" is defined as that expense for any assignment incurred by
the CONSULTANT for supplies, transportation and equipment, travel, communications,
subsistence, and lodging away from home, and similar incidental expenses in
connection with that assignment.
BILLING AND PAYMENT: For and h consideration for professional services rendered
monthly by CONSULTANT [:ased on the scope of services shown in Exhibit "A", which
is attached hereto and made a part of this Agreement as if written word for word herein,
OWNER agrees to pay CONSULTANT'S reasonable and customary annual fee of ONE
HUNDRED AND TVVENTY THOUSAND AND 00/100 DOLLARS ($120,000) (the
"Annual Fee") per year. The Annual fee will be pro-rated for the seven months
remaining in the OWNER'S current fiscal year. The OWNER agrees to pay
CONSULTANT TEN THOUSAND AND 00/00 DOLLARS ($10,000.00) (the "Monthly
Payment") per month towards the OWNER'S annual fee obligation. CONSULTANT
shall submit to the OWNER through its City Manager or his designee, a detailed
monthly itemized statement for all professional services rendered for the previous
month. The OWNER agrees to remit Monthly Payment in accordance with the
procedures outlined in Article V of the executed Professional Services Agreement.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which
is not submitted in compliance with the terms of this Agreement. The OWNER shall not
be required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense, or reimbursement above the
maximum not to exceed fee as stated, without first having obtained written authorization
from the OWNER. The CONSULTANT shall not proceed to perform the services listed
in Article III "Additional Services," without obtaining prior written authorization from the
OWNER.
ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER
in Article Ill, the CONSULTANT shall be paid based on the Schedule of Charges at an
hourly rate negotiated and agreed upon by both parties before execution of the
additional services. Payments for additional services shall be due and payable upon
submission by the CONSULTANT, and shall be in accordance with subsection B hereof.
Statements shall not be submitted more frequently than monthly.
PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services
and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed
statement thereof, the amounts due the CONSULTANT will be increased by the rate of
one percent (1%) per month from the said sixtieth (60~) day, and, in addition, the
CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend
services under this Agreement until the CONSULTANT has been paid in full all amounts
due for services, expenses, and charges, provided, however, nothing herein shall
require the OWNER to pay the late charge of one percent (1%) set forth herein if the
OWNER reasonably determines that the work is unsatisfactory, in accordance with this
Article V, "Compensation."
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the
CONSULTANT or any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of
service, and shall become the property of the OWNER upon the termination of this
Agreement. The CONSULTANT is entitled to retain copies of all such documents. The
documents prepared and fumished by the CONSULTANT are intended only to be
applicable to this Project, and OWNER's use of these documents in other projects shall
be at OWNER's sole risk and expense. In the event the OWNER uses any of the
information or materials developed pursuant to this Agreement in another project or for
other purposes than specified herein, CONSULTANT is released from any and all
liability relating to their use in that project.
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSULTANT shall not have or claim any right arising
from employee status.
ARTICLE IX
INDEMNITY AGREEMENT
The OONSULTANT shall indemnify and save and hold harmless the OWNER and its
officers, agents, and employees from and against any and all liability, claims, demands,
damages, losses, and expenses, including, but not limited to court costs and reasonable
attorney fees incurred by the OWNER, and including, without limitation, damages for
bodily and personal injury, death and property damage, resulting from the negligent acts
or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in
the execution, operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is
not a party to this Agreement, and nothing herein shall waive any of the parties'
defenses, both at law or equity, to any claim, cause of action, or litigation filed by
anyone not a party to this Agreement, including the defense of governmental immunity,
which defenses are hereby expressly reserved.
ARTICLE X
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in
the State of Texas by the State Insurance Commission or any successor agency that
has a rating with Best Rate Carriers of at least an A~ or above:
Commemial General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
$100,000 in the aggregate.
Worker's Compensation Insurance in accordance with statutory requirements, and
Employers' Liability Insurance with limits of not less than $100,000 for each accident.
Professional Liability Insurance with limits of not less than $1,000,000 annual
aggregate.
The CONSULTANT shall furnish insurance certificates or insurance policies at the
OWNER's request to evidence such coverages. The insurance policies shall name the
OWNER as an additional insured on all such policies, and shall contain a provision that
such insurance shall not be canceled or modified without thirty (30) days' prior written
notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to
the effective date of the change or cancellation, serve substitute policies furnishing the
same coverage.
ARTICLE Xl
TERMINATION OF AGREEMENT
Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days' advance written notice to the other party.
This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than thirty (30) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Article V "Compensation." Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate in providing information. The CONSULTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain
copies of such documents for its use.
ARTICLE Xlll
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or
other work; nor shall such approval be deemed to be an assumption of such
responsibility by the OWNER for any defect in the design or other work prepared by the
CONSULTANT, its employees, subcontractors, agents, and consultants.
ARTICLE XlV
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in
the United States mail to the address shown below, certified mail, return receipt
requested, unless otherwise specified herein. Mailed notices shall be deemed
communicated as of three (3) days' mailing:
To CONSULTANT:
To OWNER:
John R. Polster
Innovative Transportation Solutions, Inc.
2701 Valley View Lane
Farmers Branch, Texas 75234
City of Denton
Tom Shaw, Purchasing Agent
901-B Texas Street
Denton, Texas 76209
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement, consisting of 9 pages and Exhibit A, constitutes the complete and final
expression of the agreement of the parties, and is intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, promises, representations, negotiations, discussions, communications, and
agreements which may have been made in connection with the subject matter hereof.
ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of this Agreement and shall not cause the remainder to be invalid or
unenfomeable. In such event, the parties shall reform this Agreement to replace such
stricken provision with a valid and enforceable provision which comes as close as
possible to expressing the intention of the stricken provision.
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as they may now
read or hereinafter be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry.
age, or physical handicap.
ARTICLE XIX
PERSONNEL
The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, or haw any contractual relations with
the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or
potential conflict of interest that may arise during the term of this Agreement.
All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement, and shall not
transfer any interest in this Agreement (whether by assignment, novation, or otherwise)
without the prior written consent of the OWNER.
ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be
charged therewith, and no evidence of any waiver or modification shall be offered or
received in evidence in any proceeding arising between the parties hereto out of or
affecting this Agreement, or the rights or obligations of the parties hereunder, and
unless such waiver or modification is in writing and duly executed; and the parties
further agree that the provisions of this section will not be waived unless as set forth
herein.
ARTICLE XXII
MISCELLANEOUS
The following exhibits are attached to and made a part of this Agreement:
CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after
the final payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers, and records of the CONSULTANT
involving transactions relating to this Agreement. CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities
and shall be provided adequate and appropriate working space in order to conduct
audits in compliance with this section. OWNER shall give CONSULTANT reasonable
advance notice of intended audits.
Venue of any suit or cause of action under this Agreement shall lie exclusively in
Denton County, Texas. This Agreement shall be construed in accordance with the laws
of the State of Texas.
For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be John R. Polster and Tracy L. Henry. However, nothing herein
shall limit CONSULTANT from using other qualified and competent members of its firm
to perform the services required herein.
CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance
with the provisions hereof. In accomplishing the projects, CONSULTANT shall take
such steps as are appropriate to ensure that the work involved is properly coordinated
with related work being carried on by the OWNER.
The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's
disposal all available information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter in or upon public and private property as
required for the CONSULTANT to perform services under this Agreement.
The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, or designee and CONSULTANT has
executed this Agreement through its duly authorized undersigned officer on this the
5 day of March ,2002.
CITY OF DENTON, TEXAS
EXHIBIT A
I. SCOPE OF SERVICES
Innovative Transportation Solutions, Inc., hereinafter called "CONSULTANT," will
specifically conduct the following services for The OWNER, hereinafter Galled
"OWNER":
TASK 1:
Meet with City staff and Council to establish Priority Proiects.
CONSULTANT will conduct initial investigation and analysis of all
projects. CONSULTANT proposes to work closely with City staff and
each individual Council member to: actively identity needed transpodation
improvements, analyze the viability and necessity of each project,
determine the critical path for developing each project, as well as manage
and monitor the progress of transportation projects identified by the
OWNER. Furthermore, CONSULTANT will attend meetings with and on
behalf d Council members, staff, and other City officials in addition to
"grass roots" citizens in order to facilitate transportation solutions.
TASK 2:
Conduct In-depth Research to Identify Each Proiect's Current
Status.
CONSULTANT will conduct all research necessary with respect to local,
regional, and state advanced planning programs, such as Thoroughfare
Plans, Transportation Improvement Program, Unified Transportation
Program, Conformity, Mobility 2025 Update and all succeeding programs.
CONSULTANT will analyze projects in order to promote the completion
of the development, funding and construction of all identified projects in
an expedited manner. CONSULTANT will investigate and review plans
proposed by TxDOT, NTTA, North Central Texas Council of Governments
(NCTCOG), counties, and local cities to ensure compatibility with existing
and future thoroughfare plans of the OWNER.
TASK 3:
Provide the OWNER a Written and Verbal Status Summary of Each
Project.
CONSULTANT will provide written and verbal updates cn all phases of
projects, Monthly meeting~ will be held with staff members and other
agencies. Semi-annual meetings/workshops will be held with Council
members to keep all parties informed of the status of on-going projects
and to identify Council members' concerns and suggestions.
TASK 4:
Identify Critical Paths for Each Proiect Based Uoon its Advanced
Plannina Status and Initiate the Critical Path for Each Proiect.
CONSULTANT will develop a critical time line for each project and
identity the steps necessary to bring each project to completion. Time
lines will be based upon the background investigation performed for each
project. Project strategies will include actions to be conducted in the
advanced planning stages of the project in order to ensure the completion
of alignment and feasibility studies, environmental clearance, and
preliminary design. Additional strategies for expediting projects include
actions necessary for completion of right-of-way documents, initiation of
TASK 5:
right-of-way acquisition md utility clearance, as well as development of
plans, specifications and estimates (PS&E). Projects will be monitored to
ensure that right-of-way acquisition, utility relocation, and PS&E are
completed in time to meet the projected construction start date and
schedule.
CONSULTANT will serve as the project manager for the OWNER's
select projects to ensure that established goals and deadlines are met.
To accomplish this, CONSULTANT will assemble project-specific teams
to complete all aspects of critical p~th in a timely and cost effective
manner. Critical path items include, but are not limited to the following:
Work with TxDOT on On-System Projects
a. Conduct Program Assessments (PA's)
b. Receive Control-Section-Job (CS J) numbers
c. Programming Authority
d. Advanced Planning Authorization
Ensure the Development of Advanced Planning
a. Assist in selection of outsource firm(s)
b. Pursue Environmental clearance
c. Participate in development of Controlled Schematic
d. Track project through all review and approval processes
e. Outline methods to preserve corridors and right of way
f. Assist with Public Involvement
Develop Funding Alternatives
a. Partnerships
b. Bond Programs
c. MPO/TIP programs
d. TxDOT/UTP programs
e. Federal Funding
f. Innovative Financing
g. State Infrastructure Bank
Implem en t Design
a. Participating in review of final designs
b. Coordinating project timing and scheduling
c. Ensuring adherence to work schedules
Management
a. Assist in selection of out-source firms for all phases of
project.
b. Oversight of contractual obligations of all out-sourced firms
c. Review and approval of invoices from out-source firms
d. Ensure adherence to project schedule
CONSULTANT will Research and Investioate Fundin~ Oo=ortunities.
With a shortage of federal and state dollars for transportation projects, it
will be critical for CONSULTANT to continually seek "creative financing"
opportunities in order to meet the transportation needs of the OWNER.
CONSULTANT will research and investigate the possibility of obtaining
funding for each Project under the Transportation Equity Act for the 21st
Century (TEA 21). CONSULTANT will also focus on the continued
development of partnerships with TxDOT Dallas District. Local bond
TASK 6:
TASK 7:
TASK 8:
TASK 9:
programs will be sought to identify financing opportunities.
Privatelpublic partnerships will be pursued. Funding opportunities
using the State Infrastructure Bank (SlB), TxDOT's Unified
Transportation Program, and the Transportation Improvement
Program will be researched and implemented when appropriate. In
addition, applications for random "calls for projects" as identified by the
North Central Texas Council of Governments will be submitted.
CONSULTANT will Neaotiate Aareements with TxDOT.
When appropriate, CONSULTANT will negotiate Local Advanced
Funding Agreements (LPAFAs) with TxDOT for each project. The LPAFA
outlines the responsible parties for advanced planning, right-of-way
acquisition, design, and funding of specific projects.
CONSULTANT will Act as a Liaison between OWNER and other
Local State and Federal Transoortation Bodies.
CONSULTANT will act as liaison between The OWNER and other local,
state and national transportation groups. As liaison, CONSULTANT will
act as the transportation advocate for The OWNER by working positively
and efficiently with other transportation groups toward completion of
projects critical to The OWNER. CONSULTANT will interact, on behalf
of The OWNER, with the Federal Highway Administration, the Texas
Transportation Commission and Texas Department of Transportation and
the North Texas Tollway Authority (NTTA). In addition, CONSULTANT
will act as liaison between The OWNER and other groups such as the
Regional Transportation Council of the North Central Texas Council of
Governments, Precinct I Task Force, Precinct 3 Task Force, Dallas
Regional Mobility Coalition, the Dallas Area Rapid Transit, The T, Denton
County Transportation Authority, North Texas Commission, and the
Partners in Mobility.
CONSULTANT will Provide other Transnortation Consultino Services
as Directed bv the OWNER.
As a part of this Enhancement Proposal, CONSULTANT will actively
pursue all transportation related issues as identified by the OWNER.
CONSULTANT will continue dialogue with the OWNER to ascertain the
relative priority of each project to other projects and attend council
meetings, as directed, to provide updates on all transportation activities.
CONSUL TANT Will Implement Cost Reduction Strateoies.
CONSULTANT has an unparalleled history of identifying cost reductions
for its clients. For the OWNER, the following is a list of possible cost
reduction strategies:
Leveraging funding - Transportation Infrastructure funding is
almost always a partnership process. CONSULTANT will strive
to maximize the OWNER's transportation dollars by "leveraging"
those funds with eligible funding sources. In many cases,
CONSULTANT will be able to leverage funds to capture "non-
city" sources that will increase funding to the project by 300% to
500%.
Certification - Certification refers to the process a municipality
follows to receive authorization by TxDOT to retain services on
behalf of the State. Certification allows the OWNER to be
reimbursed by the federal government up to 90% of expenditures
for authorized services. CONSULTANT has unique knowledge of
the certification process and will assist the OWNER in acquiring
this certification, if directed.
In-house versus Outsourcing - CONSULTANT will provide
preliminary design services for select projects in order to identify
the basic parameters of the project needs. Upon further project
development, it is CONSULTANT' philosophy that final design
engineering can be conducted in a manner that is more
economically feasible if it is done by an engineering firm
specializing in final designs.
II. COMPENSATION TERMS
In consideration for professional services rendered monthly by CONSULTANT,
OWNER agrees to pay CONSULTANT'S reasonable and customary annual fee
of ONE HUNDRED AND TWENTY THOUSAND AND 00/100 DOLLARS
($120,000) (the "Annual Fee") per year, pre-rated for the seven months
remaining in the OWNER'S current fiscal year. The OWNER agrees to pay
CONSULTANT TEN THOUSAND AND 00/00 DOLLARS ($10,000.00) (the
"Monthly Payment") per month towards the OWNER'S annual fee obligation.
CONSULTANT shall submit to the OWNER a monthly itemized statement for all
professional services rendered. The OWNER agrees to remit Monthly Payment
in accordance with the procedures outlined in Article V of the executed
Professional Services Agreement.
V. EXPENSES
The CONSULTANT shall not seek any reimbursement from the OWNER for any
reasonable and customary expenses incurred in connection with the services
related to engagement.
4
V. STANDARD RATE SCHEDULE
The services related to this project will be based upon the following Standard
Billing Rates. Standard Billing Rates are subject to change each calendar year.
Professional Standard Billing Rate
Principal Engineer $150
Principal $125
Senior En,(]ineer $125
Engineering Associate I $100
Engineering Associate II $90
Technical Associate $80
Staff Support $35