11-009 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 11-009
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF
PROSPER, TEXAS AND FREESE & NICHOLS, INC. REGARDING THE
UPDATE OF THE TOWN'S WATER, WASTEWATER, AND ROADWAY
IMPACT FEES.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, a professional services
agreement between the Town of Prosper, Texas and Freese & Nichols, Inc. regarding the update
to the Town's Water, Wastewater, and Roadway Impact Fees in the amount of $155,000.00.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 25'4 day of January, 2011.
Ray Smithl Mayor
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ATTEST TO: °°�•�,0, s,°�?��"r
Matthew D. Denton, TRMC '7. as a
Town Secretary
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AGREEMENT
BETWEEN
THE TOWN OF PROSPER, TEXAS (TOWN)
AND
FREESE AND NICHOLS, INC. (CONTRACTOR)
FOR
PROFESSIONAL ENGINEERING
SERVICES
AGREEMENT
made as of the'" day of J" 1 in the Year Two Thousand and61 6M
BETWEEN the Town: The Town of Prosper, Texas
P.O. Box 307
121 W. Broadway
Prosper, Texas 75078
telephone 972-346-2640
facsimile 972-347-2111
and the Consultant: Freese and Nichols, Inc.
1701 N. Market St., Ste 500 LB 51
Dallas, Texas 75202-2001
Telephone 214-217-2200
Facsimile 214-217-2201
for the following Project: Water, Wastewater, and Roadway Impact Fee Update
The Town and the Contractor agree as set forth below.
THIS AGREEMENT is made and entered by and between the Town of Prosper,
Texas, hereinafter referred to as "Town", and Freese and Nichols, Inc.,
hereinafter referred to as "Contractor", to be effective from and after the date as
provided herein the "Agreement".
Design Services Agreement Page 1 of 17
WHEREAS, the Town desires to engage the services of the Contractor to
prepare Water, Wastewater and Roadway Impact Fee Update in the Town,
hereinafter referred to as the "Project"; and
WHEREAS, the Contractor desires to render such engineering services for the
Town upon the terms and conditions provided herein.
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the covenants contained herein, and for the
mutual benefits to be obtained hereby, the parities hereto agree as follows:
ARTICLE 1
CONTRACTOR'S SERVICES
1.1 Employment of the Contractor - The Town hereby agrees to retain the
Contractor to perform professional services in connection with the Project.
Contractor agrees to perform such services in accordance with the terms
and conditions of this Agreement.
1.2 Scope of Services - The parties agree that Contractor shall perform such
services as are set forth and described in Exhibit "A", which is attached
hereto and incorporated herein by reference for all purposes. The parties
understand and agree that deviations or modifications to the scope of
services described in Exhibit "A", in the form of written change orders, may
be authorized from time to time by the Town.
1.3 Schedule of Work - The Contractor agrees to commence work
immediately upon execution of this Agreement, and to proceed diligently
with said work to completion as described in the Completion
Schedule/Project Billing/Project Budget attached hereto as Exhibit "B" and
incorporated herein by reference for all purposes.
ARTICLE 2
THE TOWN'S RESPONSIBILITIES
2.1 Project Data - The Town shall furnish required information, that it
currently has in its possession, as expeditiously as necessary for the
orderly progress of the work, and the Contractor shall be entitled to rely
upon the accuracy and completeness thereof.
2.2 Town Project Manager - The Town shall designate, when necessary, a
representative authorized to act on the Town's behalf with respect to the
Project (the "Project Manager"). The Town or such authorized
representative shall examine the documents submitted by the Contractor
and shall render any required decisions pertaining thereto as soon as
practical so as to avoid unreasonable delay in the progress of the
Contractor's services.
Design Services Agreement Page 2 of 17
ARTICLE 3
CONTRACTOR'S COMPENSATION
3.1 Compensation for Contractor's Services - As described in "Article 1,
Contractor's Services", compensation for this project shall be a lump sum
fee of One Hundred Fifty Five Thousand Dollars and zero cents
($155,000.00), ("Contractor's Fee") and shall be paid in accordance with
Article 3 and the Completion Schedule/Project Billing/Project Budget as
set forth in Exhibit "B". The final 5% of the Contractor's Fee, or $ (
7,750.00 ), shall not be paid until the Contractor has delivered the final
product as specified in the Project Deliverables section of the Scope of
Services attached hereto as Exhibit "A".
3.4 Invoices — No payment to the Contractor shall be made until Contractor
tenders an invoice to the Town. Payments are payable to the Contractor
within thirty (30) days from the date of invoice as long as the invoice is
mailed to Town within three (3) days of the date of the invoice. Invoices
are to be mailed to Town immediately upon completion of each individual
task listed in Exhibit "B". If any invoice remains outstanding and unpaid for
more than sixty (60) days from the date of invoice, and Contractor has
fully performed its obligations as set forth herein, the Contractor has the
option upon written notice to the Town, to suspend all work specified
under this Agreement until the account is brought current. Continued
performance and/or completion of work by the Contractor under this
Agreement shall resume upon the payment of the earned fees by the
Town.
3.5 Failure to Pay - Failure of the Town to pay an invoice, for a reason other
than cause, to the Contractor within sixty (60) days from the date of the
invoice shall grant the Contractor the right, in addition to any and all other
rights provided, to, upon written notice to the Town, refuse to render
further services to the Town and such act or acts shall not be deemed a
breach of this Agreement. The Town shall not be required to pay any
invoice submitted by the Consultant if the Contractor breached any
provision(s) herein.
3.6 Adiusted Compensation - If the Scope of the Project or if the
Contractor's services are materially changed, the amounts of the
Contractor's compensation shall be equitably adjusted as approved by
Town. Any additional amounts paid to the Contractor as a result of any
material change to the Scope of the Project shall be agreed upon in
writing by both parties before the services are performed.
3.7 Proiect Suspension - If the Project is suspended or abandoned in whole
or in part for more than three (3) months, Contractor shall be entitled to
compensation for any and all work completed to the satisfaction of Town
in accordance with the provisions of this Agreement prior to suspension or
abandonment. In the event of such suspension or abandonment,
Contractor shall deliver to Town all finished or unfinished documents,
Design Services Agreement Page 3 of 17
data, studies, surveys, drawings, maps, models, reports, photographs
and/or any other items prepared by Contractor in connection with this
Agreement prior to Contractor receiving final payment. If the Project is
resumed after being suspended for more than three (3) months, the
Contractor's compensation shall be equitably adjusted as approved by the
Town. Any additional amounts paid to the Contractor after the Project is
resumed shall be agreed upon in writing by both parties before the
services are performed.
ARTICLE 4
ARTICLE 5
CONTRACTOR'S ACCOUNTING RECORDS
ARTICLE 6
AUDITS AND RECORDS/PROHIBITED INTEREST
The Contractor agrees that at any time during normal business hours and as
often as Town may deem necessary, Contractor shall make available to
representatives of the Town for examination all of its records with respect to all
matters covered by this Agreement, and will permit such representatives of the
Town to audit, examine, copy and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls, records
of personnel, conditions of employment and other data relating to all matters
covered by this Agreement, all for a period of one (1) year from the date of final
settlement of this Agreement or for such other or longer period, if any, as may be
required by applicable statute or other lawful requirement.
The Contractor agrees that it is aware of the prohibited interest requirement of
the Town Charter, which is repeated on the Affidavit, and will abide by the same.
Further, a lawful representative of Contractor shall execute the Affidavit attached
hereto and incorporated herein by reference for all purposes. Contractor
understands and agrees that the existence of a prohibited interest during the
term of this Agreement will render the Agreement voidable.
ARTICLE 7
TERMINATION OF AGREEMENT/REMEDIES
Town may, on thirty (30) days written notice to Contractor, terminate this
Agreement, for any reason, before the termination date hereof, and without
prejudice to any other remedy it may have. If Town terminates this Agreement
due to a default of and/or breach by Contractor and the expense of finishing the
Project exceeds the Contractor's Fee at the time of termination, Contractor
waives its right to any portion of Contractor's Fee as set forth in Article 3 herein
and agrees to pay any costs over and above the fee which Town is required to
pay in order to finish the Project. On any default and/or breach by Contractor,
Design Services Agreement Page 4 of 17
Town may elect not to terminate the Agreement, and in such event it may make
good the deficiency in which the default consists, and deduct the costs from the
Contractor's Fee due Contractor as set forth in Article 3 herein. If Town
terminates this Agreement and Contractor is not in default of the Agreement,
Contractor shall be entitled to compensation for any and all work completed to
the satisfaction of Town in accordance with the provisions of this Agreement prior
to termination.
In the event of any termination, Contractor shall deliver to Town all finished
and/or unfinished documents, data, studies, surveys, drawings, maps, models,
reports, photographs and/or any other items prepared by Contractor in
connection with this Agreement prior to Contractor receiving final payment.
The rights and remedies provided by this Agreement are cumulative, and the use
of any one right or remedy by either party shall not preclude or waive its rights to
use any or all other remedies. These rights and remedies are given in addition to
any other rights the parties may have by law, statute, ordinance or otherwise.
ARTICLE 8
DISPUTE RESOLUTION/MEDIATION
In addition to all remedies at law, the parties may resolve/mediate any
controversy, claim or dispute arising out of or relating to the interpretation or
performance of this Agreement, or breach thereof, by voluntary mediation to be
conducted by a mutually acceptable mediator.
ARTICLE 9
INDEMNITY
Contractor shall release, defend, indemnify and hold harmless Town and its
Town Council members, officers, agents, representatives and employees from
and against all damages, injuries (including death), claims, property damages
(including loss of use), losses, demands, suits, judgments and costs, including
reasonable attorney's fees and expenses, in any way arising out of, related to, or
resulting from the performance of the work caused by the negligent act and/or
wrongful intentional act and/or omission of Contractor, its officers, agents,
representatives, employees, subcontractors, licensees, invitees or any other third
parties from whom Contractor is legally responsible (hereinafter "Claims").
Contractor is expressly required to defend Town against all such Claims.
In its sole discretion, Town shall have the right to select or to approve defense
counsel to be retained by Contractor in fulfilling its obligation hereunder to defend
and indemnify Town, unless such right is expressly waived by Town in writing.
Town reserves the right to provide a portion or all of its own defense; however,
Town is under no obligation to do so. Any such action by Town is not to be
construed as a waiver of Contractor's obligation to defend Town or as a waiver of
Contractor's obligation to indemnify Town pursuant to this Agreement.
Design Services Agreement Page 5 of 17
Contractor shall retain Town approved defense counsel within seven (7)
business days of Town's written notice that Town is invoking its right to
indemnification under this Agreement. If Contractor fails to retain counsel within
such time period, Town shall have the right to retain defense counsel on its own
behalf, and Contractor shall be liable for all costs incurred by Town.
ARTICLE 10
NOTICES
Contractor agrees that all notices or communications to Town permitted or
required under this Agreement shall be delivered to Town at the following
addresses:
Town Manager
Town of Prosper
P.O. Box 307
Prosper, Texas 75034
Town agrees that all notices or communication to Contractor permitted or
required under this Agreement shall be delivered to Contractor at the following
address:
Jeff Payne
1701 N. Market St., Ste 500 LB 51
Dallas, Texas 75202-2001
Any notice provided for under the terms of this Agreement by either party to the
other shall be in writing and may be effected by registered or certified mail, return
receipt requested.
All notices or communication required to be given in writing by one party or the
other shall be considered as having been given to the addressee on the date
such notice or communication is postmarked by the sending party. Each party
may change the address to which notice may be sent to that party by giving
notice of such change to the other party in accordance with the provisions of this
Agreement.
ARTICLE 11
MISCELLANEOUS
11.1 Complete Agreement - This Agreement, including the exhibits hereto
labeled "A" through "C", all of which are incorporated herein for all
purposes, constitute the entire agreement by and between the parties
regarding the subject matter hereof and supersedes all prior and/or
contemporaneous written and/or oral understandings. This Agreement
may not be amended, supplemented, and/or modified except by written
agreement duly executed by both parties.
Design Services Agreement Page 6 of 17
11.2 Assignment and Subletting - The Contractor agrees that neither this
Agreement nor the work to be performed hereunder will be assigned or
sublet without the prior written consent of the Town. The Contractor
further agrees that the assignment or subletting of any portion or feature of
the work or materials required in the performance of this Agreement shall
not relieve the Contractor of its full obligations to the Town as provided by
this Agreement. All such approved work performed by assignment or
subletting shall be billed through Contractor, and there shall be no third
party billing.
11.3 Successors and Assigns - Town and Contractor, and their partners,
assigns, successors, subcontractors, executors, officers, agents,
employees, representatives, and administrators are hereby bound to the
terms and conditions of this Agreement.
11.4 Severability - In the event a term, condition, or provision of this
Agreement is determined to be invalid, illegal, void, unenforceable, or
unlawful by a court of competent jurisdiction, then that term, condition, or
provision, shall be deleted and the remainder of the Agreement shall
remain in full force and effect as if such invalid, illegal, void, unenforceable
or unlawful provision had never been contained herein.
11.5 Venue - This entire Agreement is performable in Collin County, Texas and
the venue for any action related directly or indirectly, to this Agreement or
in any manner connected therewith shall be Collin County, Texas, and this
Agreement shall be construed under the laws of the State of Texas_
11.6 Execution/Consideration - This Agreement is executed by the parties
hereto without coercion or duress for any substantial consideration, the
sufficiency of which is forever confessed.
11.7 Authority - The individuals executing this Agreement on behalf of the
respective parties below represent to each other that all appropriate and
necessary action has been taken to authorize the individual who is
executing this Agreement to do so for and on behalf of the party for which
his or her signature appears, that there are no other parties or entities
required to execute this Agreement in order for the same to be an
authorized and binding agreement on the party for whom the individual is
signing this Agreement and that each individual affixing his or her
signature hereto is authorized to do so, and such authorization is valid and
effective on the date thereof.
11.8 Waiver - Waiver by either party of any breach of this Agreement, or the
failure of either party to enforce any of the provisions of this Agreement, at
any time, shall not in any way affect, limit or waive such party's right
thereafter to enforce and compel strict compliance.
Design Services Agreement Page 7 of 17
11.9 Headings.- The headings of the various sections of this Agreement are
included solely for convenience of reference and are not to be full or
accurate descriptions of the content thereof.
11.10 Multiple Counterparts - This Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all
purposes.
11.11 Sovereign Immunity — The parties agree that the Town has not waived its
sovereign immunity by entering into and performing its obligations under
this Agreement.
11.12 Representatives — Each signatory represents this Agreement has been
read by the party for which this Agreement is executed and that such party
has had the opportunity to confer with its counsel.
11.13 Miscellaneous Drafting Provisions — This Agreement shall be deemed
drafted equally by all parties hereto. The language of all parts of this
Agreement shall be construed as a whole according to its fair meaning,
and any presumption or principle that the language herein is to be
construed against any party shall not apply.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused
this Agreement to be effective on the latest day as reflected by the
signatures below.
Effective Date: J4 d bl.t+'ZL4
TOWN
The T
Title: Town Manager
CONTRACTOR
Freese and Nichols, Inc.
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Design Services Agreement Page 8 of 17
STATE OF TEXAS:
COUNTY OF COLLIN:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND
FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED
%Ili; ke- �-aric0 , KNOWN TO ME TO BE THE PERSON WHOSE
NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE
PURPOSE AND CONSIDERATION EXPRESSED, AND IN THE CAPATOWN
THEREIN STATED.
sl
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 3L -7' -DAY OF
2011.
NOTAR PU LIC R THE STATE OF TEXAS . CHRISTOPHER SCOTT COPP1E
Notary Public, State of Texas
My Commission Expires
March 30, 2011
STATE OF TEXAS:
COUNTY OF COLLIN:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND
FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED 166000 .
-Names} KNOWN TO ME TO BE THE PERSON WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED
TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND
CONSIDERATION EXPRESSED, AND IN THE CAPATOWN THEREIN
STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
2011.
-<�La
A PUBLIC IN AND
THE STATE OF
Design Services Agreement Page 9 of 17
LEAH GRANM
STATE OF TEXAS
Cier�n. l�r,�t
EXHIBIT "A"
SCOPE OF SERVICES
Agreement between the Town of Prosper, Texas (Town)
And Freese and Nichols, Inc. (Contractor)
PROJECT DESCRIPTION: Update of the Town's Water, Wastewater, and Roadway
Impact Fee
Task 1: Project Management and Subconsultant Coordination
A. Proiect Kickoff Meeting: Contractor will hold an initial meeting with the Town to
review scope of services, project schedule, approach, goals and deliverables of
the study. Contractor will provide the Town with a Data Request Memorandum
listing the data needed for the study.
B. Project Managernent and Sub Coordination: Contractor will perform project
management activities including invoicing, status reports, meeting coordination,
etc. Contractor will coordinate with Kimley-Horn for the roadway impact fee
portion of the project.
Task 2: Land Use Assumptions and Water and Wastewater Load Projections
A. Meet with Town to Discuss Proposed Land Use and Timing of Growth:
Contractor will meet with the Town to discuss the existing and projected land
uses.
B. Validate and Document Land Use Assumptions: Contractor will utilize the Town's
current land use assumptions and Town staff input to document land use
assumptions for existing, 10 -year, and buildout conditions.
C. Review Historical Water Demands and Wastewater Flows: Contractor will review
historical water demands and wastewater flows to determine peaking factors and
per capita usage for projections.
D. Develop Water System Demands for Existing, 10 -year, and Buildout_ Conditions:
Contractor will use land use assumptions and historical water demand data to
develop water demands for existing, 10 -year, and Buildout conditions for
residential and commercial land uses.
E. Develop Wastewater Flows for Existing, 10 -year, and Buildout Conditions:
Contractor will use land use assumptions and historical data to develop
wastewater flows for existing, 10 -year, and Buildout conditions for residential and
commercial land uses.
F. Distribute Water Demands and Wastewater Flows - Contractor will utilize data
from the Town's utility billing system database to allocate existing water demands
and wastewater loads throughout the Town. The data will consist of metered
usage fields for each customer account. Contractor will distribute future water
demands and wastewater flows for each operating condition throughout Town
using land use assumptions. Large industrial and commercial demands will be
distributed as point loads.
Design Services Agreement Page 10 of 17
Task 3: Water and Wastewater Impact Fee Analysis and Public Hearings
A. Present Land Use Assumitions to Capital Improvements Advisory Committee:
Following review by Town Staff, Contractor will present the land use assumptions
to Capital Improvements Advisory Committee.
B. Identify Existing Projects Eligible for Impact Fee Cost Recovery: Contractor will
review recently constructed water and wastewater improvements and determine
which projects have excess capacity and are potentially eligible for future cost
recovery for 10 -year growth.
C. Update System Maap ing and Water and Wastewater Models: Contractor will
update the water and wastewater models with constructed projects and system
modifications since the previous Master Plan and Impact Fee Study. Contractor
will also update water and wastewater system mapping.
D. Utilize Models to Identify Water and Wastewater System Improvements Reguired
to Support Growth for 10 -year and Buildout Conditions: Contractor will utilize
Buildout system water and wastewater model runs to determine improvement
alternatives needed to meet projected growth through Buildout. Contractor will
utilize the 10 -year model runs to determine which improvement alternatives are
needed in the next 10 years. Wastewater facilities and lines will be sized to meet
peak wet weather flows, and water facilities and lines will be sized to provide
adequate fire flows of 1,000 gpm under maximum day demand conditions and
meet peak hour demands with adequate residual pressures.
E. Conduct Water and Wastewater Impact Fee Capacity Analysis for Existing
Projects for 10 -year Projected Growth: Contractor will utilize water and
wastewater models to evaluate excess capacity in recently completed projects for
inclusion into impact fee cost recovery analysis.
F. Develop Water and Wastewater Impact Fee CIP: Contractor will utilize model
results to develop a Water and Wastewater Impact Fee CIP to serve growth over
the next 10 years with cost estimates and mapping.
G. Meet with Town to Review Water and Wastewater Impact Fee CIP: Contractor
will meet with Town staff to review the water and wastewater capital
improvement plan, impact fee eligible projects and costs.
H. Conduct Water and Wastewater Impact Fee Capacity Analysis for Proposed
Cal2ital Improvement Prolects for 10 -year Proiected Growth: Contractor will
utilize water and wastewater models to analyze eligible capacity in proposed
water and wastewater improvements for inclusion into impact fee cost recovery
to meet 10 -year projected growth.
I. Calculate Water and Wastewater Costs Eligible for Impact Fee Cost Recove :
Contractor will utilize the capacity analysis and capital project costs to calculate
percentage of project cost eligible for impact fee cost recovery.
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J. Develop Service Unit Eguivalents (SUES) for Water and Wastewater Systems.
Contractor will utilize equivalent capacity of water meters and land use data to
establish the service unit equivalents (SUEs) required in Chapter 395 of the
Texas Local Government Code for existing conditions. Contractor will utilize
demographic data, meter size breakdown and impact fee code requirements to
project 10 -year service unit equivalents for water and wastewater.
K. Calculate Maximum_ Allowable Water and Wastewater Impact Fees: Contractor
will develop maximum allowable water and wastewater impact fees in
accordance with Chapter 395 of the Texas Local Government Code using
existing and proposed capital improvement costs to support 10 -year growth
based on projected increase in SUEs.
L. Develop Draft Water and Wastewater Impact Fee Report and Meet with Town to
Present Results: Contractor will prepare an electronic copy in PDF format and
five (5) hard copies of the Draft Impact Fee Report showing land use
assumptions, water and wastewater impact fee eligible capital improvement
costs, and maximum allowable water and wastewater impact fees and meet with
KHA and Town Staff to review results.
M. Present Capital Improvements Plan and Impact Fee Anaiy is results to Capital
Improvements Advisory Committee: Following review by Town Staff, Contractor
will present the Capital Improvements Plan and results of the water and
wastewater impact fee analysis to Impact Fee Advisory Committee in
coordination with KHA.
N. Attend Public Hearing on Adoption of Impact Fees: Attend one (1) Public Hearing
in coordination with KHA on Impact Fee Land Use Assumptions, CIP, and impact
fees.
O. Finalize Water and Wastewater Impact Fee Studv Report: Contractor will
prepare a final Water and Wastewater Impact Fee Report and deliver one
electronic copy in PDF format and ten (10) hard copies to the Town.
Task 4: Roadway Impact Fee Analysis and Public Hearings
A. KHA will prepare the roadway impact fee update in conformance with Chapter
395 of the Local Government Code.
B. General Data Collection: KHA will coordinate with Contractor and the Town to
obtain the following data:
• Town Contacts — The Town shall provide the organization structure and
contact information for the applicable Town staff involved with the land use
assumptions.
■ Comprehensive Master Plans — The Town shall identify and provide the
Town's most recent master plans.
Maps — The Town shall provide KHA with available AutoCAD or GIS
shapefiles, associated databases, and layer files in ESRI ArcGIS 8.x format.
All data shall be projected in NAD 83 State Plane, North Central Texas Zone
coordinates. Data should include:
• Current Zoning Map
• Future Land Use Plan
• Town Limits and ETJ Map
• Most recent digital orthophotograph (DOQ) of the Town
Design Services Agreement Page 12 of 17
C. Service Area Boundaries: KHA will meet with the Town to review the current
roadway impact fee service areas. KHA will revise the roadway service area
boundaries based on properties annexed since the previous update and submit
the new boundaries to the Town. KHA anticipates two (2) service areas will
remain for roadway impact fees.
D. Land Use Assumptions: Utilizing the land use assumptions developed by
Contractor for use in the Water and Wastewater Master Plans, KHA will compile
the existing (2010), ten-year (2020), and Build -out demographics in terms of
population, number of households, and number of employees by employment
type (basic, service, retail). All of the preparation and determination of the
demographics will be performed by Contractor. KHA will coordinate with
Contractor staff to ensure the demographics developed can be summarized into
the Service Area boundaries identified in the previous task. It is anticipated the
zone structure utilized by Contractor will closely follow NCTCOG Traffic Survey
Zone (TSZ) boundaries, but may be adjusted as needed for this project to match
the proposed Service Area Boundaries.
E. Land Use Documentation: KHA will incorporate the service area boundaries and
Land Use Assumptions information into the Draft Roadway Impact Fee report.
No additional documentation will be produced by KHA summarizing the land use
assumptions.
F. Meetings: KHA will prepare for and attend the following meetings in coordination
with Contractor staff:
• Prepare for and attend a kick-off meeting with Client to discuss both Land
Use Assumptions and the Roadway Impact Fee Calculations.
• Prepare for and attend a review meeting to discuss the draft Land Use
Assumptions.
• One (1) meeting with Town staff to discuss and review the Roadway Impact
Fee CIP;
• One (1) meeting with Town staff to review the proposed Maximum Assessable
Roadway Impact Fees
G. Roadway Data Collection: KHA will coordinate with the Town and Contractor tc
obtain the following roadway data that should be provided to KHA. The data
collection is as follows:
• Town contacts — Town shall provide the organization structure and contact
information for the applicable Town staff involved with the completion of the
roadway capacity analysis and roadway impact fee CIP.
• Thoroughfare Plan — The Town shall provide KHA the most recent
thoroughfare plan adopted by the Town. KHA will utilize the thoroughfare
plan as is currently adopted. Any analysis related to updating the Town's
currently adopted Master Thoroughfare Plan will be considered additional
services. AutoCAD or GIS shapefiles, databases, and layering information
shall be provided if available.
• Traffic Counts — The Town shall provide any available data (current and
historical) for all roadway segments on the current Master Thoroughfare Plan.
KHA will obtain additional available traffic count from TxDOT. KHA will collect
new traffic count data at up to ten (10) locations within the Town of Prosper
for use in the Impact Fee Update.
Design Services Agreement Page 13 of 17
• Historical Project Costing Information — The Town shall provide KHA with
available data on the actual Town costs for previously completed arterial
roadway improvement projects to assist in the development of planning level
project costs for future projects and to include any project costs for previously
completed projects with excess capacity available to serve future growth.
H. Ten -Year Growth Projections and Capacity Analysis:
• In consultation with Town staff, KHA will determine land use categories to be
included in the land use vehicle -mile equivalency table.
• KHA will identify the service units for new development and the average trip
length. Using the Eighth Edition of the Institute of Transportation Engineer's
(ITE) Trip Generation, KHA will develop updated trip generation and pass -by
trip rates.
• KHA will perform an analysis of existing conditions. This will include a
determination of roadway capacities, volumes, vehicle -miles of supply,
vehicle -miles of demand, existing excess capacity, and existing deficiencies.
• KHA will project traffic conditions for the ten-year planning period, the target
year for the impact fee growth projections. This will include growth and new
demand by service area. KHA will determine the capacity available for new
growth.
Roadway Impact Fee Capital Improvements Plan:
• KHA will assist the Town to develop a Roadway Impact Fee Capital
Improvements Plan which will include cost projections for anticipated projects
to be included in the study. The Roadway Impact Fee Capital Improvements
Plan will include existing oversized facilities and proposed facilities designed
to serve future development. The Roadway Impact Fee Capital Improvements
Plan shall include a general description of the project and a project cost
projection. Planning level cost projections for future projects will be prepared
based on previous experience with Roadway construction costs. The Town
shall provide KHA with actual Town cost information for previously completed
projects with excess capacity and any cost contribution to County, State,
Tollway, or developer constructed projects.
KHA will identify the portion of project improvements required to serve existing
demand and the portion of project improvements required to serve new
development within the 10 -year planning period.
K. Maximum Assessable Roadway Impact Fee Calculation: Using the newly
developed ten-year growth projections, roadway impact fee capital improvements
plan, and capacity available for new growth, KHA will determine the cost of
roadway improvements by service area, the maximum costs per service unit, and
the resulting maximum assessable roadway impact fees by service area.
L. Roadway Documentation: KHA will provide both a draft and final Roadway
Impact Fee Report. The report will include:
• Roadway service areas;
• Narrative of the impact fee update methodology;
• Impact fee calculations;
• Roadway CIP; and
• Supporting Exhibits.
Design Services Agreement Page 14 of 17
M. Deliverables: Deliverables include:
• Five (5) copies of the Draft Roadway Impact Fee Report;
• Electronic (.pdf) copy of the Draft Roadway Impact Fee Report; and
• Upon final approval of the Impact Fee Update and new ordinance by the
Town Council, KHA will provide ten (10) originals and one (1) electronic (.pdf)
copy of the Final Roadway Impact Fee Update Report.
N. Public Hearings and Approval: It is anticipated that a representative from KHA
will attend each of the following meetings in conjunction with representatives
from Contractor. It is anticipated KHA will prepare for and attend four (4) public
meetings during the approval process.
O. Prepare for and attend one (1) CIAC and/or Town Council workshop to present
fundamentals of Roadway Impact Fees, a summary of the Roadway Impact Fee
Update methodology, and the CIP and Maximum Assessable Roadway Impact
Fees
P. Prepare for and attend one (1) CIAC public hearing to present the CIP and
Maximum Assessable Roadway Impact Fees
Q. Prepare for and attend one (1) Town Council public hearing to present the
Roadway Impact Fee Update, including the Roadway Impact Fee CIP and
Maximum Assessable Impact Roadway Fees
DELIVERABLES
For the Project, Contractor will deliver the following products to the Town of Prosper:
A. Water and Wastewater Impact Fee Report to include ten (10) hard copies and
one electronic copy (pdf format)
B. Roadway Impact Fee Report to include ten (10) hard copies and one electronic
copy (pdf)
PROJECT LABOR ALLOCATION
TASK 1 Project Management and Subconsultant
Coordination
Task 1 Subtotal
TASK 2 Land Use Assumptions and Water and Wastewater
Load Projections
Task 2 Subtotal
TASK Water and Wastewater Impact Fee Analysis and
Public Hearings
Task 3 Subtotal
TASK4 Roadway Impact Fee Analysis and Public Hearings
58 Hours
100 Hours
556 Hours
KHA —
Task 4 Subtotal This is 100%
Subconsultant will
be an expense
TOTAL PROJECT 714 FN/ Hours
Design Services Agreement Page 15 of 17
EXHIBIT B
COMPLETION SCHEDULE/PROJECT BILLING/PROJECT BUDGET
Agreement between the Town of Prosper, Texas (Town)
and Freese and Nichols, Inc. (Contractor)
For the Water, Wastewater, and Roadway Impact Fee Update
Design Services Agreement Page 16 of 17
MONTH
$ AMOUNT
TASK COMPLETED
Oct 2011
$9,800.00
Task 1
Apr 2011
$14,200.00
Task 2
Oct 2011
$80,400.00
Task 3
Oct 2011
$50,600.00
Task 4
TOTAL
$155,000.00
Design Services Agreement Page 16 of 17
EXHIBIT C
AFFIDAVIT
N/A
THE STATE OF TEXAS §
COUNTIES OF COLLIN/DENTON §
I, a member of the Contractor team make this affidavit and
hereby on oath state the following: I, and/or a person or persons related to me, have a
substantial interest in a business entity that would be peculiarly affected by my work or
decision on the project as those terms are defined in Article 988b, V.T.C.S.
The business entity is:
have/has)
a substantial interest in this business entity for the following reasons: (Check all which
are applicable)
Ownership of 10% or more of the voting shares of the business entity.
Ownership of $2,500 or more of the fair market value of the business entity.
Funds received from the business entity exceed 10% of income for the previous
year.
Real property is involved and have an equitable or legal ownership with a fair
market value of at least $2,500.
A relative of mine has substantial interest in the business entity or property that
would be affected by my decision of the public body of which I am a member.
Other:
Upon the filing of this affidavit with the Town of Prosper, Texas, I affirm that I will abstain
from acting on any decision involving this business entity and from any further
participation on this matter whatsoever.
Signed this day of
Signature of Official/Title
.2011.
BEFORE ME, the undersigned authority, this day personally appeared
and on oath stated that the facts hereinabove
stated are true to the best of his/her knowledge or belief.
Sworn to and subscribed before me on this day of
2011
Notary Public in and for the State of Texas
My commission expires:
Design Services Agreement Page 17 of 17