TR9303-CS 950124Leftwich & Associates
909 Shiloh Drive, DeSoto, Texas, 75115-528~
(214) 2304) 865, Fax (214)230-g 183
January 24, 1995
Mr. Ken Griffin, P.E.
Assistant City Manager
City of CoppeH
P.O. Box 478
Dallas, Texas 75019
CITY OF COPPELL ROADWAY IMPACT FEE STUDY
CITY OF COPPELL SANDY LAKE ROAD STUDY
Dear Ken:
Attached is a letter concerning the issue of my final invoice to IBM and J.W. Bryan's request for
additional funds from the City of Coppell. The letter should give you more insight into the matter
of my payment request to IBM.
I am troubled by two apparent misconceptions in your January 18, 1995 letter to J.W. First, I am not
asking for additional payment for work done under the Roadway Impact Fee Study. I am requesting
that IBM honor their original contract with me for the modeling portion of the project.
You also stated in your letter that the $2,300.00 Le~vich & Associates charged under a separate
contract testing Sandy Lake as a 4 LD and 6 LD for the Year 2010 appears to be covered under the
Roadway Impact Fee Study (my October, 1994 itemized invoice). Ken, my recollection of our
discussions concerning the contract between Leftwich & Associates and the City of Coppell is as
follows. You called to ascertain whether the Roadway Impact Fee Model tested Sandy Lake Road
in the Year 2004 or 2010. I explained that the Roadway Impact Fee Model addressed only 2004 and
did not include projected 2010 demographics and roadways. You asked that I provide a cost estimate
to test Sandy Lake Road using 2010 demographics and roadways. I did so and upon your approval
conducted the study. Leftwich 8: Associates completed the 2010 model and furnished you the results
within the time requested. The charge for this project was under the estimated cost. Lethnich &
Associates attempts to provide services that are satisfactory to the client, ff I am in error, I would
appreciate you letting us know.
I regret that I was not able to furnish plots. My problem is two-fold. I am not the licensed owner
of TranPlan and any request for acquiring updates for state-of-the-art plotters would have to come
through/BM. Since Alan Ross is no longer with that firm there is no one available in the Dallas
office who has knowledge of the program and can astutely discuss plotters and programs with the
TranPlan group. Second, since JBM has not paid my final invoice, I find that I lack the capital
required to experiment with various plotting services in order to find one that can plot under the old
plotter parameters.
As I previously stated, Leftwich & Associates attempts to provide the best services possible to its
clients. If there is a problem concerning our contract for Sandy Lake Road, please let me know. I
will be more than happy to discuss with you any duplications of efforts and fee adjustments.
Sincerely,
Barbra L. Leftwich
Principal
IT"
Leftwich & Associates
909 Shiloh Drive, DeSoto, Texa~, 75115-5283
(214) 2304)1165, Fax (214)230-111113
January 24, 1995
Mr. J.W. Bryan
JBM Engineers & Planners
15400 Knoll Trail, Suite 111
Dallas, Texas 75248
CITY OF COPPELL ROADWAY IMPACT FEE STUDY
FINAL INVOICE OF LEFTWICH & ASSOCIATES (94-001-21)
Dear J.W.:
I received your letter forwarding a copy of Ken C,-riffin's response today. I believe there has been a
major misunderstanding concerning my request. From the tone of your initial letter to Ken and his
response, I get the impression that you think I have gone over budget and am requesting additional
compensation. In our conversations and my letter to you I have not asked for anything above my
original contract (attached). My agreement with IBM at the start of this project was to perform the
traffic modelling phase of the project and to assist Tom Herrin in the development of the land use
portion of the project. I subsequently agreed to perform the land use phase of the project for the
contingent total originally agreed upon, $19,890.00. As your December 7, 1994 letter stated, I have
been paid $15,151.22. My final invoice of was $4,966.05. The invoice included the remaining
balance of my contract, $4,738.78, and a charge of $227.27 in interest for all invoices not paid within
30 days (as stated in the original contract).
In our previous conversations concerning this invoice you suggested that IBM should sign over the
license agreement for TranPlan to ~ch & Associates in lieu of final payment. You then recanted
and informed me that your company had decided to keep the program. You also stated that you
could not pay my invoice unless you went back to the City of Coppell for additional funds. My
response was to the effect that my contract was between IBM & Lefh~ich & Associates and that the
City of Coppell should not be responsible. You indicated that was the only way you knew how to
pay the invoice.
I have had conversations with Alan Ross concerning the change in project managers. Alan indicated
that Dannie Cummings charged his last month at IBM to the project without showing any progress
toward completion. I believe that IBM, as prime contractor, is responsible for the administration of
the contract, billing, and orchestration of the project. The change in project managers and failure to
mrna. age the project responsibly is not the fault of my firm or the City of Coppell. IBM now expects
someone else to pay for this lack of control within your own organization.
I view JBIVI's response to this issue as unethical. The TranPlan program was purchased with funds
from the project. By not honoring the contract JBM entered into with LeRwich & Associates and
in keeping TranPlan for marketing to the public, IBM is, in essence, using my money to make a profit
from and to place itself in direct competition with my firm.
I expect full payment of my November 1, 1994 invoice. I will accept transfer of ownership and the
site license for TranPlan. I regret to inform you that I cannot furnish the TranPlan data files and
documents required under the agreements your firm entered into with NCTCOG and the City of
Coppell until this matter is settled. If this matter cannot be settled by February 15, 1995, I will
proceed with written complaints to the Texas Department of Transportation, it's Business
Opportunity Programs Office, the North Central Texas Regional Certification Agency, the Better
Business Bureau and begin legal action for collection of the unpaid portion of the contract.
I look forward to hearing from you. If you have any questions, please do not hesitate to call.
Sincerely,
Barbra L. Leflwich
Prindpal
Tom Swenson, IBM, KC
Ken Griffin, City of Copper
Leftwich & A~eociate~
Urba~ Transportation
October 14, 199:5
Mr. Dannie Cumminge
JDM Enginee~e & Piannere
15400 Knoll Trail. Suite 111
Pallae, Texae 7524~
Dear Dannie.
Thi~ I~tter will e~rve ae an agreement between Lefravich & Aeeoclatee an~ JDM
Enginoere & Planne~ ~ ~~ wo~ ~~d in ~e C~y ~ C~ll ~way Impa~
Foe ~tudy. I will p~ ~e ~ce~ we agre~ u~n a~ Ii~ in
~ume~. It le u~ere~ ~m ~ou ~11 ~al~ ~e r~mini~ ~ at ~e $10,~.
$15,000 and $20,~ I~el~. At that ~me you ~11 ~mi~ ~e~er ~ co, hue
wi~h ~e work ! have pu~ed. I ~11 eubm~ a m~ Invoice ~ my hour,
accempiiehed, and ex~neee ~ be ~eim~med. Involcee ~11 be
eubmittal. If a taek is not idenflfl~ on ~e at~ched d~u~nt ~ich
pe~orm, I ~11 acquire e~her venal or ~t~n ap~al ~ ~ b~oro ~mpl~.
If theee terme are acceptable to you, pleaee eign both coploe and return one
~o1~ to me. If you have any q, ueetione or need addi~ional information do not heeitat~
call.
Barbra L. Leftwfch, ~
Manager
L~twich & Aeeoc, iatee
Dannle Cumminge,
Manager
JI~M Enojine~re & P'lannere
Leffwich & Associates
909 Shiloh Drive
DeSoto, Tx 75115
i_:~-_n~'impact Fee'study. ' .................
~:..K~k.~._ .m_ .ee. ting ..........
B. Detefmine use of Staff C0mmjttl _ee. ...................... DC
:'-_::-.. '.. ......................
.... Ad~._~mmee" - ' ..........
~. C'_fly ap_~___int Adv[so.~ Committee ......... -" Dc
I-^-:--I:~f~l~'serviCe'~ma~ ....... i--'."-'.-..i'i ....... ' ....... i . ....... ~ .....
B. Review previ.o.....~! .s' I.an. d.use.
NOTOOG on m__ .o~.! .~_oJ~n~ BL
- Review area ira_pact ~udle$ ....... BI_
.................. DC
.~.-~dv~ Committee rev~w, and comments
A. Review by City Council & c~ll for public heari_ng DC
i~: .R_e~.).~_d. _Use a~$um PrioreSS::.
c. Public hearing . . ................ DC
~..-Revise i~-u~"~m~,°ns
~i.. ~.~'~_~ri i~-ii~nd -use' a~.m-p.-i!-_61~ .....
~.__A__c~l_ u_ir._e.._netw0rk., for 1990 & 2000
Modi~ for 1993 & 2003_i~-~_'.. ..... ' ............ ................ ..
_B~. Ye¢~~_ar ,ep match T _sz_.. ........
.... _M_..o_.d_ '..dy.. ~r. city limits and. S..e~_ ic_e_..area ..bp..u_nd___a_r__i~..
C. Mod~.d_em_ographics based__o.~_ __n~w land use
TH
b: Determine scenarios and make modificmtions ...... ~i.. '
'Run r.e.~ &-'re~.~ew for average_ trip lengt._h_ .... BL
H. Correct for State Law limit of 3 miles BL
: :.'~J_u_s.t .f0~ trip_' '6i:lfiii~i~at!.on_..: ............. .':.__:::-_-:_--_. _._---:-'B-[
! (aP_.) ........................
DC/TH
E~'r HB
TH 10
TH 10
DG 0
BL 0
DG~TH
BL,fl'H 4
BL 4
City of Coppell Roadway Fee Study
10114193
Leftwich & Associates
909 Shiloh Drive
DeSoto, Tx 75115
~..' ~Ject. m_ad.w._ay ca__pac_i_ty _ _l~..nc_h_m. a_r_ks.. ..............
~.'~ie~'~ify extstin, g ..d...e..fici~n_~ .~b~.~.9.n..m_..oJ~__
5'."l-d~{~_~pr0.-vem._ en~ for._ "n_e_w. g_r_o~h.: ......
~:-'jde-ntifiy new & recq. upmen_t .pro' .~._.. ..... -~ .......
~..-~he ~r~-'~"i.)~i-l~ (u:__s~.- ~_ITE__T. Hp R._at_.eSJ__
DC BL
DC BL
DC BL
DC BL
0
2
2
0
0
0
0
-'-~/e_-'_~ m~leJ'-rat'~''& c~mp~_re ........ DC
-
G: ~uia~e f~ ~ ~ un~
~E~bli~" m-~im-~m '~e~ 's~i~ ~ ........
W~ ~h Ci~ S~ff & a~ney to deve~
-'~'-~di~h~-&'.f~ ~h~ule re~i~ o~e
[ '~e~w'~'~ ~'~cii a~ ~11 for public hea~
~.'-'~i~ b~ri~g ....
b:" ~v~'OlP; f~ ~h~ui~; a~"°~ina~ ........... ~ .....
~:. ~opt~n ..................................................
~ Fine! su~m~ re~ ................ : ..............
--~nd u~ a~umptions
-- i~pa~-'~ch'~ule ~ BL
_..S~dY_~eth_~oJ~Y _..
............
B. Maximum of 15~un~ ..........................
~:' '~li~i0n '~f ~._date ....................
. IBL
DC BL
DC BL
DC BL/TH
N/A
N/A
I,~A
TOTALS
2
4
4
2
2
2
2
2
0
0
$19,890
City of Coppell Roadway Fee Study
10/14/93
2