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TR9303-CN 930914 ~'~"^'"~"~"AGENDA REQUEST FORM CITY COUNCIL MEETING September 14, 1993 ITEM NUMBER ITEM CAPTION: Discussion and consideration to enter into a Engineering Service Agreement with Johnson, Brickell, Mulcahy and Associates, Inc. (JBM Consulting) for engineering services in regards to the completion of a Roadway Impact Fee Study in accordance with Chapter 395 of the Local Government Code in an amount not to exceed $45,000.00 and authorizing the Mayor to sign. SUBMITTED BY: STAFF EZR'~P..' K~nnoth M. C'.r _ ~ City Eng~.meer OTHER REP.: ,// DATE: EVALUATION OF ITEM: CITY CC N.,C!L DATE ,, BUDGET AMT. P/r: AMT. E~TIMATED +/- BUDGET FINANCIAL REVIEW BY AMT. COMMENTS: Funds for this study was appropriated at Mid-Year Budget Review to come from G.O. Bond Issue Series 1987 Excess Funds. LEGAL REVIEW BY: REVIEWED BY CM: AGENDA REQUEST MOPM REVISED 2/93 -/ i~ev., .' 4'-'24-89',, .~ ~"'ORT DOCUMENTATION FOR ACENDA ITEM~''' STAMP ,RECEIV,ED BY CITY F~NAGER s OFFICE: SUPPORT DOCL~'~NTATION SUBMITTED WITH AGENDA ITEM: NO. OF ORIGIIiALS REquIReD MEMOS/LETTERS/REPORTS/BILLS/MINUTES: ~/ -1 each COh~F~.CT/AGP£EME.~T ................. : ~/3 originals for signature C.I.P. CONTRACT ..................... : 6 originals for signature CHANGE ORDERS ....................... : 3 originals for signature ORDINANCE ........................... : 1 blueback for signature + 3 copies CAPTION ............................. : 1 blueback for slg~ture + 3 copies RESOLUTION ......................... . : 2 blueback~ for signature + 1 copy PROCLAMATION ........................ : 2 bluebecks for signature + I copy BID ................................. : I each LOCATION MAPS ....................... : 12 ZONING PLAKS ........................ : 12 PRELIMINARY/FINAL PLATS ............. : 12 SITE PLANS .......................... : 12 LANDSCAPE PLANS ..................... : 12 ARCHITECTURAL RENDERINGS ............ : 12 DATE PUBLISHED IN ~ CITIZ~I~S'ADVOCATE: . NOTIFICATION TO: , _ DATE/METHOD OF COMTACT: .... NOTES ~ SHEET.O588DS To: Mayor and City Council From: Kenneth M. Griffin, P.E., City Engineer RE: Discussion and consideration to enter into a Engineering Service Agreement with Johnson, Brickell, Mulcahy and Associates, Inc. (JBM Consulting) for engineering services in regards to the completion of a Roadway Impact Fee Study in accordance with Chapter 395 of the Local Government Code in an amount not to exceed $45,000.00 and authorizing the Mayor to sign. Date: September 2, 1993 At the April 13th, 1993 City Council meeting during a discussion concerning collection of substandard roadway fees, staff was directed by City Council to begin a Roadway Impact Fee Study. Subsequent to that meeting, funds were appropriated in the amount of $45,000 to undertake this study. The City of Coppell invited four firms to submit a request for qualifications on the project. Three request for qualifications were submitted. Myself and Mike Martin, Graduate Engineer, met with the three firms to discuss their ability to complete the project. In particular, we were concentrating on the following areas: ability to complete the project in a timely manner; qualifications of personnel assigned to the project; firms past experience with projects of this type; City's past experience with the firm; and the interview itself. After interviewing the three firms, it was our decision to proceed with contract negotiations with the firm of JBM Consulting. After the decision was reached to negotiate with JBM Consulting, a meeting was held on September 1, 1993 to discuss the project with representatives of the firm. The representative of JBM Consulting was notified that the available funds was only $45,000. He stated that he had reviewed the tasks involved in the project and that it was his estimation that the project could range somewhere between $40,000 and $50,000. He stated that he would take the project on a not to exceed $45,000. I have reviewed the scope of services provided and because the fee is not to exceed the amount available for this project, it is my opinion that the current fee is acceptable for this project. Therefore, staff recommends that the City approve this Engineering Services Agreement with Johnson, Brickell, Mulcahy and Associates, Inc. in an amount not to exceed $45,000. Staff will be available to answer any questions at the City Council meeting. E. Discussion and consideration to enter into an Engineering Service Agreement with Johnson, Brickell, Mulcahy and Associates, Inc. (JBM Consulting) for engineering services in regards to the completion of a Roadway Impact Fee Study in accordance with Chapter 395 of the Local Government Code in an amount not to exceed $45,000.00 and authorizing the Mayor to sign. F. Consider approval of waiving permit fees for the installation of a banner advertising the Coppell Consumer Trade Fair. G. Consideration of three (3) variance requests by Joe Gebron on behalf of St. Ann's Carnival to be held October 29-31, 1993 at 180 Samuel Blvd., Coppell, Texas. 1. Consideration of a request for a variance to Section 31-2-2 of the City of Coppell Comprehensive Zoning Ordinance which concerns parking on paved concrete surfaces. 2. Consideration of a variance from Section 10-8-6.E of the Sign Ordinance-Temporary Off Premise Signs which concerns the time limit that non-profit organizations may erect temporary off premise signs. Request that all fees be waived for these carnival signs. Consideration of a variance from Section 10-5-4.B. 1 of the Sign Ordinance-Temporary Banner Signs which concerns the size of temporary banner signs that non-profit organizations may display. Request that all fees be waived for this carnival banner. It. Consideration and approval of a final plat for Austin Place Addition, located approximately 250 feet north of Sandy Lake Road, along the east side of Moore Road, at the request of Dowdey, Anderson & Associates, Inc. I. Discussion and consideration of entering into a letter of agreement with Arthur Anderson to assist in the assessment and review of the City's current computer systems and recommendation for future hardware and sofeware in an amount not to exceed $12,500.00 and authorizing the Mayor to sign. J. Discussion and consideration to allow the Economic and Business Development Board to use City Hall, including Council Chambers, for a Developer's/Broker's Reception on October 14, 1993, as requested by Don Keach, Reception Chairperson. K. Consideration and approval of an Ordinance of the City of Coppell, Texas approving an amendment to the budget for the City for the fiscal year October 1, 1992 through September 30, 1993 in the amount of $61,500.00 for the General Fund and $287,393.00 for the Water and Sewer Fund and authorizing the Mayor to sign. Items C, D, G and I were pulled for later consideration. CM091493 Page 7 of 8 JIl ll ll ENGINEERS Johnson, Brickell, Mulcahy and Associates, Inc, 15400 Knoll Trail · Suite 111 Dallas, TX 75248 September 8, 1993 (214) 661-1265 (214) 661-1266 FAX Mr. Ken Griffin, P.E. City Engineer 255 Parkway Boulevard Coppell, TX 75016 Dear Ken: Please find enclosed three signed copies of the Engineering Services Agreement for the Roadway Impact Fee Study. It has been revised based on a review of your transmittal to our office from the City's attorney. We are comfortable with the way the document reads, but if the City has any concerns please let me know and we will modify the Agreement to satisfy those concerns. Sincerely, JOHNSON, BRICKELL, MULCAHY AND ASSOCIATES, INC. Dannie R. Cummings, P.E. Vice President DRC/hf HerbertJ. Johnson, P.E. (Retired) · Gerald L. Brickell, P.E. · Edward J. Mulcahy, P.E. · Brian G. Larson, P.E. · Dannie R. Cummings, P.E. James V. Dickinson, P.E. · Frederick D. Schmidt, P.E. · Thomas G. Swenson, P.E. · Ronald D. Seaman, P.E. Kansas City, Missouri · Des Moines, Iowa · Dallas, Texas · Olathe, Kansas Dodge, City, Kansas · Liberal, Kansas ENGINEERING SERVICES AGREEMENT AGREEMENT made as of .~za~J./~./(j~?..5, between the City of Coppell, Texas (hereinafter called the "City"), ~"Johnson, Brickell, Mulcahy and Associates, Inc., a Missouri Corporation with offices at 15400 Knoll Trail, Ste. 111, Dallas, Texas (hereinafter called the "Consultant"). WITNF_~SETH: 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 undertaldng herein contained,the parties agree as follows: ARTICLE I The Consultant agrees: 1. 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. 2. To complete the attached scope of work in a time period not to exceed 10 months. ARTICLE II The City agrees: 1. 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. 2. 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. 3. 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. 4. 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. See attached Schedule of Rates. ARTICLE III The parties hereto mutually agree: 1. 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. 2. 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. 3. That the Consultant and the City may arrange for such conferences or inspections of the work as may be deemed necessary or desirable. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. The Consultant will indemnify, keep, and save harmless the City, its agents, officials, and employees while acting within the scope of their duties against all suits or claims that may be based on any injury to persons or property 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. 10. This agreement constitutes the sole and only agreement of the parties and supersedes any prior understanding or written or oral agreements between the parties respecting this subject matter. 11. The validity of this agreement and any of its items or provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas, and any venue for any action concerning this agreement shall be in Dallas County, Texas. 12. This agreement may be amended by the mutual agreement of the parties to it, in a writing to be attached to and incorporated in this agreement. 13. In the event any one or more of the provisions contained in this agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision, and the agreement shall be constructed as if such invalid, illegal, or unenforceable provision had never been contained in it. 14. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to the City or consultant, as the case may be, at the address set forth opposite the signature of the party. 15. The consultant shall devote such time as is reasonably necessary for the satisfactory performance of the duties under this agreement. Should the City require additional services not included under this agreement, the Consultant shall make reasonable effort to fit such additional services into the time schedule without decreasing the effectiveness of performance of the duties required under this agreement. 16. It any action at law or in equity is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees, in addition to any other remedy to which the party may be entitled. 17. It is the intent of this agreement to secure the personal services of the consultant, or a duly authorized and competent representative or representatives acceptable to the City. Failure of the consultant for any reason to make the personal service of such a person available to the City to the extent necessary to perform the services required skillfully and promptly shall be cause for terminatation of the contract. The consultant, its officers, agents and employees shall make themselves available to consult with the City, its officers, agents and employees at reasonable times concerning any matte pertaining to the subject matter of this agreement. 18. Acceptance by the consultant, his successor or assigns, of any payment made on the final statement for services under this agreement, or any final payment due on termination of this agreement, shall constitute a full and complete release of the City from ail claims, demands and cause of actions that the consultant, successor or assigns have or may have against the City under the provisions of this agreement. 19. The consultant shall not assert any claim arising out of any act or omission of any officer, agent or employee of the City in the execution or performance of this agreement against that officer, agent or employee. Those claims may be made against the City. IN WITNESS WHEREOF, said parties have caused this Agreement to be signed by their successors and assigns. ATTEST CITY OF COPPELL, TEXAS Ci~y~ecretary / ,~2~-.~ T-. Mayor ATTEST JOHNSON, BRICKELL, MULCAHY AND ASSOCIATES, INC. Signature Vice President ATTACHMENT A I. Organize Impact Fee Study A. Meet with Engineering & Planning - review information available B. Determine use of StaffCommittee (Engineering, Planning, Finance, Legal, etc.) II. Advisory Committee A. City appoint Advisory Committee (P & Z Members or other) B. Hold orientation workshop III. Prepare Land-Use Assumptions A. Define service areas B. 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 C. Determine expected development level in 10 years D. Draft new land-use assumptions E. Advisory Committee review and comments F. City Council review & call for public hearing G. Revise land-use assumptions based on P & Z and Council comments H. Public hearing & adoption of land use assumptions IV. Prepare Model Input A. Acquire network for 1990 & 2000 * Modify for 1993 & 2003 B. Verify service areas match TSZ * Modify for Coppell city limits and service area boundaries C. Modify demographics based on new land-use D. Determine number of scenarios and make modifications E. Run model for 1993, 2003, and scenarios F. Run reports & review for average trip length G. Review impact of state/federal highways H. Correct for State Law limit of 3 miles I. Adjust for trip origin/destination V. Capital Improvement Plan (CIP) A. Develop draft CIP B. Select roadway capacity benchmark (LOS & peak period). C. Identify existing deficiencies based on model runs D. Identify improvements for 'new growth~ E. Identify new & recoupment projects F. 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 G. Calculate fee per service unit H. Establish maximum fee per service unit I. Establish equivalency table J. Prepare final CIP K. Advisory Committee review and comments L. City Council review & call for public hearing M. Revise CIP based on Advisory Committee and Council comments N. Work with City Staff & attorney to develop impact fee ordinance & fee schedule reflective of the CIP O. Public heating 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 SCHEDULE OF RATES Johnson, Brickcll, Mulcahy and Associates, Inc. Consulting Engineers 15400 Knoll Trail, Suite Il 1 Dallas, Texas 75248 (214) 661-1265 (Schedule of Hourly Rates ts of January 1, 1993) Principal $110.00 Senior Engineer $8~.00 Engineer III $65.00 Engineer II $55.00 Engineer I $47.50 Planner III $60.00 Planner Il $40.00 Technician V $60.00 Technician IV/Regislered Surveyor $55.00 Technician IV $50.00 Technician III $37.00 ~ Technician ti $30.00 Technician I $25.00 Clerical III $40.00 Clerical l] $25.00 Clerical I $20.00 Sub-contracted labor, material testing equipment, printing and technical photography, and all other direct job costs to be paid at cost. Vehicle mileage to be paid at the current IRS rate per mile, and computer time at $12.50 per hour.