TR9303-CS 930901 Coppell, Texas 75019
The City With A Beautiful Future 214-462-0022
FAZ 80. 214/393-0948
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PRELIMINARY
ENGINEERING SERVICES AGREEMENT
AGREEMENT made as of , between the City of Coppell, Texas
(hereinafter called the "City"), and Johnson, Brickell, Mulcahy and Associates, Inc., a
Missouri Corporation with offices at 15400 Knoll Trail, Ste. 111, Dallas, Texas
(hereinafter called the "Consultant").
WITNESSITH: That said City desires to engage the Consultant to provide traffic
engineering services with regard to the completion of a Roadway Impact Fee study in
accordance with Chapter 395 of the Local Government Code.
NOW, THEREFORE, in consideration of the mutual undertaking herein contained,the
parties agree as follows:
ARTICLE I
The Consultant agrees:
To complete in a good and professional manner those services and deliverables
outlined in Attachment A, a copy of which has been attached hereto and
incorporated into this Agreement.
To complete the attached scope of work in a time period not to exceed 10
months.
ARTICLE II
The City agrees:
To review, provide input and approve the Consultant's final Roadway Impact Fee
Study prior to the adoption of its recommendations by the City Council.
At monthly intervals, the Consultant shall submit to the City an invoice for
allowable costs incurred in the performance of this Agreement. Invoice
statements shall be based on the actual cost incurred by the Consultant per invoice
period. All invoices shall be documented by a progress report detailing the work
as performed by the Consultant during the month.
Within thirty (30) days following receipt of the Consultant's monthly invoice, the
City shall make payment thereon to the Consultant in an amount equal to the
value of the work involved to the City as outlined in Article II, 2.
To reimburse the Consultant for providing the engineering services outlined in
this project as set forth in Article I of the Agreement on an hourly rate plus
expenses basis not to exceed the sum of Forty-five Thousand Dollars
($45,000.00) for the services to be completed under this Agreement.
ARTICLE III
The parties hereto mutually agree:
That the services to be performed by the Consultant under the terms of this
Agreement are personal and cannot be assigned, sublet or transferred without
consent of the City.
o
The City and the Consultant will have the right to terminate the Agreement by
written notice to the other party at least thirty (30) days prior to the specified
effective date of such termination. In such event, all finished and unfinished
documents and work papers prepared by the Consultant under the Agreement
will, at the option of the City, become its property, and the Consultant be paid
all costs incurred for services rendered up to the date of such termination.
o
That the Consultant and the City may arrange for such conferences or inspections
of the work as may be deemed necessary or desirable.
That an extension of time may be granted the Consultant for delays recognized
by the City as unavoidable; provided, however, that such extension of time shall
be requested in writing by the Consultant, stating fully the reasons for such
request.
That all plans, drawings and documents pertaining to the project shall become the
property of the City upon the completion, termination, close down, or suspension
thereof. Further use shall be subject to the approval of the City.
That if additional work by reason of a major change in the scope of the proposed
project should be necessary the Consultant will be given a written notice by the
City including a request for an estimate of additional costs for the performance
of such additional work. No additional work shall be performed nor shall
additional compensation be paid except on the basis of the provisions of a
supplemental agreement which may be duly entered into by the parties.
It is further agreed that this Agreement and all contracts entered into under the
provisions of this Agreement shall be binding upon the parties hereto and their
successors and assigns.
o
Nothing contained in this Agreement shall be deemed or construed by the parties
hereto or by any third party to create the relationship of principal and agent 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 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.
o
The Consultant will indemnify, keep, and save harmless the City, its agents,
officials, and employees while acting within the scope of their duties against ail
suits or claims that may be based on any injury to persons or properly that is the
result of a negligent actor omission of the consultant or any person employed by
the Consultant, arising out of the execution of this Agreement.
IN WITNESS WHEREOF, said parties have mused this Agreement to be signed by their
successors and assigns.
ATIYEST
CITY OF COPPELL, TEXAS
City Clerk
City Manager
ATTEST
JOHNSON, BRICKELL, MULCAHY
AND ASSOCIATES, INC.
Signature Vice President
ATTACHMENT A
Organize Impact Fee Study
A. Meet with Engineering & Planning - review information available
B. Determine use of Staff Committee (Engineering, Planning, Finance, Legal,
etc.)
II.
Advisory Committee
A. City appoint Advisory Committee (P & Z Members or other)
B. Hold orientation workshop
III.
Prepare I_and-Use Assumptions
Ao
D.
E.
F.
G.
H.
Define service areas
Review previous land use assumptions
* Coppell Planning Department - new land use plan & assumptions
* NCTCOG on model projections (existing & proposed)
* Regional Data Center on assumptions
* Review area impact studies
Determine expected development level in 10 years
Draft new land-use assumptions
Advisory Committee review and comments
City Council review & call for public hearing
Revise land-use assumptions based on P & Z and Council comments
Public hearing & adoption of land use assumptions
IV.
Prepare Model Input
Ao
Bo
Co
D.
E.
F.
G.
H.
I.
Acquire network for 1990 & 2000
* Modify for 1993 & 2003
Verify service areas match TSZ
* Modify for Coppell city limits and service area boundaries
Modify demographics based on new land-use
Determine number of scenarios and make modifications
Run model for 1993, 2003, and scenarios
Run reports & review for average trip length
Review impact of state/federal highways
Correct for State Law limit of 3 miles
Adjust for trip origin/destination
Vo
Capital Improvement Plan (CIP)
Ao
B.
C.
D.
E.
F.
H.
I.
J.
K.
L.
M.
N.
Oo
Develop draft CIP
Select roadway capacity benchmark (LOS & peak period).
Identify existing deficiencies based on model runs
Identify improvements for "new growth"
Identify new & recoupment projects
Define Service Units (use of ITE Trip Rates)
* Establish highest peak period of demand
* Establish measure of units
* Verify model rate & compare
* Consider passer-by & diverted trips
Calculate fee per service unit
Establish maximum fee per service unit
Establish equivalency table
Prepare final CIP
Advisory Committee review and comments
City Council review & call for public hearing
Revise CIP based on Advisory Committee and Councel comments
Work with City Staff & attorney to develop impact fee ordinance & fee
schedule reflective of the CIP
Public hearing on CIP & adoption of impact fee ordinance & fee schedule
VI.
Documentation
A. Final summary report
*Land use assumptions
*CIP
*Impact fee Schedule
*Equivalency table
*Study methodology
B. Copies of final report
*One set of originals
*50 bound copy sets
VII.
Traffic Volume Counts
A. 2-way 24-hour machine counts
B. Maximum of 15 counts