Resolution 2013-06 A�,, RESOLUTION NO. 2013-06(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE
CITY OF WYLIE, TEXAS, TO EXECUTE ENGINEERING SERVICES
AGREEMENT WITH BIRKHOFF, HENDRICKS, AND CARTER, L.L.P.,
IN AN AMOUNT NOT TO EXCEED $69,500 TO UPDATE THE 2013
ROADWAY CIP, IMPACT FEE REPORT AND THOROUGHFARE
PLAN.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE, Texas, an Engineering Services
Agreement with Birkhoff, Hendricks, and Carter, L.L.P., in an amount not to exceed $69,500 to
update the 2013 Roadway CIP, Impact Fee Report and Thoroughfare Plan, EXHIBIT "A"
"`�'" SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 26�h day of February,2013.
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ERIC HOGU , ay r
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Resolution No.2013-06(R)—Engineering Services Agreement
Birkhoff,Hendricks,and Carter,L.L.P.for 2013 Roadway CIP,Impact Fee Report and Thoroughfare Plan
EXHIBIT "A" ._w
Advance Funding Agreement
Resolution No.2013-06(R)—Engineering Services Agreement
Birkhoff,Hendricks,and Carter,L.L.P.for 2013 Roadway C[P,Impact Fee Report and Thoroughfare Plan
� ENG[NEERINC SERVICES AGREEMENT
THIS AGREEMENT is made and entered into by and betwee�i the City of Wylie,
Texas, hereinafter refen�ed to as "City", and Berkhoff, Hendricks & Carter, L.L.P., hereinafter
referred to as "Engineer", to be effective from and after the date as provided herein.
WITNESSETH:
WHEREAS, the City desires to engage the services of the Engineer to render services
to update the Roadway Capital Improvement Plan and [mpact Fee in accordance with
Chapter 39S af the Local Government Code, for the City of Wylie, Collin County, Texas,
hereinafter referred to as the "Project"; and
WHEREAS, the Engineer desires to render such services for the City under the tenns
and conditions provided herein.
..,. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the covenants contained herein, and fo�� the mutual
benefits to be obtained hereby, the parties hereto agree as follows:
1. Employment of the Enginecr
The City hereby agrees to retain the Engineer to pertorm secvices in connectio» with the
Project; En�;ineer agrees to perform such services in a�cordance with the teri��s and conditio��s of
this Agreement.
11. Scope of Services
The parties agree that Engineer shall perfonn such services as described in Exhibit "A",
wl�ich is attacl�ed hereto and thereby made a part of this Agreement. Only services described in
Exhibit "A" shall be considered part of this Agreeine��t. Tlie Engineer shall not be responsible for
additiortal work to obtain the infonnation to be supplied by the City as described in Exhibit "C".
„ � The parties understand and agree that deviations or modifications, in the fonn of written changes
inay be authorized from time to time by the City.
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III.Schedule of Work +'"""
The Engineec agrees to coimnence services itnmediately upon execution of this
Abreement, and to proceed diligently with said service to completion. Due to the amount of public
participation in this project a completion schedule is not included.
IV.Comper�sation and Method of Payment
The parties agree that Engineer shall be cocnpensated for all services provided pursuant
to this Agreement in the amount and manner described and set forth in the Payment Schedule
attached hereto as Exhibit "B" and thereby made a part of this Agreement. Engineer further agrees
to prepare and present such monthly pragress reports and itemized statements as are clescribed in
said Exhibit "B". City agrees to pay invoices upon receipt.
V. Information to be Provided by the City
The City agrees to fvrnish, if available, prior to cominencement ot services, all tlie
info��nation set forth and described on Exhibit "C", which is attached hereto and thereby made a �
part of t11is Agreement. �'ailure to p3�ovide the infornlation may be caUSe for adjustment under
Ailicle Il and Article lV of this Agreement.
VL Insurance
Enginecr agrees to procure and maintain for the duration of the coiytract Professionai
Lia�bility [nsurance, VVorker's Compensation, General Liability and Automobile Insurance.
VII. Assignmeat and Subletting
The En�ineer agrees that neither this Agreernent nor the services to be perforcned
hereunder will be assigned or sublet without the prior consent of the City. The Engineer further
agrees that tlie assign�nent or subletting of any portion or feature of the work or materials required
in the performa��ce of this Agreement shall not relieve the Engineer from its obligations to the City
as provided by this Agreement. The City understands and agrees that Lee Engineering of Dallas, ��
Texas will assist in performing the services outlined for updating the Roadway lmpact Fee.
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°""""` VIII. Audits and Records
The Engineer agi•ees that at any time dui•ing norcnal business hours and as often as City
may deem necessary, Engineer shall make available to representatives of the City for examination
atl of its records with respect to all matters covered by this Agreement, and will permit such
representatives of the City to audit, examine, 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 relatin�;to all matters covered by this Agreeinent, all for a period of one
year from the date of final settlement of this A�reement or for such other or longer period, if any, as
may be required by applicable statute or other lawful requireinent.
IX.Contract Termination
The pa�-ties agree that City or the En�;ineer shall llave tile right to tenniE�ate this
Agreement without cause upon thirty {30} days writte�� notice to the otI-►er. In the event of such
tet�nination without cause, Enbineer shall deliver to City all finished or unfinished documents, data,
z"°"" studies, surveys, drawings, maps, models, reports photographs or other items prepared by Engineer
in connection with this Agreement. En�ineer si�ail be entitled to compensation for any and al1
services completed to the satisfaction of City in accordance with the provisions of this Agreement
prior to ter�nination.
X. En�ineer's Opinion of Cost
Tl�c �arties recogiuze and agree that any and all opinials of cost preparcd by En�ineer
in connection with the Project represent the best judgmcnt of Engineer as a design �rofessional
familiar with the construction inc�ustry, but d�at tile Engineer does not guarantec that any bids
solicited or received in connection with tl�e Project wi11 �tot vary from the Engineer's opinion.
XI.4wnership of Documents
Original drawings and repor�s are the property of the Engineer; however, tl�e Project is
the property of the City. The City shall be furnislied with reproductions of drawings and reports.
Upon completion of the services or any earlier tenni�tation of this Agreement under Article IX, the
Engineer will revise drawings, reports or spreadsheets to reflect the conditions understood prior to
���� termination of contraet and provide copies to the City. Additional eopies of repo�ts shall be
furnished at cost, as an additional service, at any other time requested by City.
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XII. Complete Contract �'°"'
This Agreemei�t, including the exhibits hereto numbered "A" through "C" constitutes
the entire agreement by and between the parties regarding the subject matter hereof.
XIII. Mailing of Natices
Unless instructed otherwise in writing, Engineer agrees that all notices or
communications to City pennitted or required under this Agreement shall be addressed to City at
the following address:
Mr. Chris Holsted, P.E.
City Engineer
City of Wylie
300 Country Club Road
Wylie,Texas 75098
City agrees that all notices or communications ko Engineer pei7nitted or required under
thi:�A�,n•eement shall be addressed to Engineer at the following address: -..�
Joe R. Ca��ter, P.E.
Birkhoff, Hendricks &Carter, �,.L.P.
I 1910 Greenville Avenue, Suite 600
Dallas, Texas 75243
Phone: (214} 361-79UQ
All i�otices or communications required to be giveE� in w�•iting by oile party oc• the other
sh�ill be considered as havin�; been given to tl�e addressee on the date the sending party posts such
na�ice or communication.
XIV. Contract Amendments
This Agreement may be amended only by the mutual agreement of the parties expressed
in writing.
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XV. Effective Date
Ti�is Agreement shall be effective fi•om and after execution by boti� parties hereto.
WITNESS OUR HANDS AND SEALS on the date indicated below.
CITY OF WYLIE, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
By�: BY=
� Joe R. Carter, P.E., Partner
[�ate: Date: �f'"�� ��„a�d l�
,,.�� ATTEST: ATTEST:
By: BY= ��-/
------------- _., .ohn W. Birkhoff, P.E., artc�er
Date: �__ Date: _,. _ _ f��_�.�jl� . .__.._--. - -
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EXHIBIT "A" �`
CITY OF WYLIE
ANALYSIS FOR UPDATING THE ROADWAY IMPACT FEE CALCULATION
SCOPE OF SERVICES
PART A Update of the Roadwav Impact Fee Calculation (Basic Services)
Lee Engineering will assist in perfonning several of these tasks as a subconsultant.
1. Project lnitiation
Meet with the City of Wylie to discuss methodologies, �;ather data, and discuss project
schedule a��d the City's experience with the current roadway impact fees. Review and
evaluate the existing roadway impact fee methodology to detennine if the same
metl�odology is applicable for the update. Discuss t11e City's proposed 10-year Roadway
Capital Improvement Plan (C[P) and review projects for �•oadway impact fee funding
eligibility. °°'"
2. Review Service Areas
Review cun�ent service area boundaries for compliance with State regulations and to
include for recent asinexations ii�to the City.
3. I��coiYao��ate Updatecl Com�rehcnsive La�id Use Plan
The number of vehicle tri�s and averabe trip lengths generated �y the va►-ious land uses
will be calculated. Projected traftic counts will bc bascd on land uses in the Updated
Comprehensive Land Use Plan.
4. Review Growth Assumptions
The projected land use, populatian and employmei�zt data will be correlated to identify
potential traffic de�nands that may be generated in tl�e next ten years and at build-out of
the City.
5. Review Current Roadwav Capital Improvement Proiects
Review the 2007 Roadway CIP and identify inodifications or additions to help ensure
projected demands are met. Other eligible recoupment projects such as traffic signal �
improvements will also be identified.
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��`' 6. Calculate Maximum Fee Per Service Unit
Based on the current demand data, opinion of probable construction cost data and actual
cost infonnation, where available, an updated impact fee based on 50°0 of the i�aximum
fee per service unit will be calculated for each service area. An opi��ion of probable
construction cast for each project will be p�•epared based on the information provided by
the City of Wylie and USGS Topographic Coi�tour Maps. i'roject ameniEies including
signalization, landscapin�;, irrigation and street lighting will be included on a case-by-
case basis as directed by the City of Wylie.
?. Develop Service Unit Generation Rates
Review existing service unit generation data, update and supple�nent with trip length
data. An updated Service Unit Equivalency table wil! be prepared.
Deliverables
1. Prepare and deliver one unbound original plan document of tlze Engineering Analysis for
the Roadway Impact Fee Update. The report will be capable of reproduction by tlle City.
"�`"" 2. Prepare and deliver three (3) bound copies of the Preliminary Roadway Impact Fee
Update Report, including an l 1" x 17'' Roadway Capital [mprovements Plan Map for
City review and comment.
3. Prepa��e and deliver tcn (10) bound copies of the Engincei-inb Analysis anc3 the Final
Roadway Gnpact Fee Update Report, includiilg an II'- x 17'" Raadway Capital
Improvements Plan Map, methodolo�;y af thc analysis, recommendations, schedufes and
probab[e cost for imp►-ovements.
4. Preses�t findi»gs to the City staft; lmpact Fee Advisory Committee and or City Cou��cil.
a) Attend two meetings with City staff for review and discussion rebarding tlle update.
b) Attend one lmpact Fee Advisory Committee meetinb.
c) Attend one Public Hearing during a City Council Meeting.
5. Deliver electronic files of the report material in MS Office fonnat or in pdf fonnat. All
electronic files will be delivered under the following conditions:
a) The files are compatible with AutoCAD 2010 by Autodesk, Micrasoft Offiee 2010
� and Excel 2010. We do not make any warranty as to the compatibility of these files
beyond these release versions.
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b} Because data stored on etectronic media can deteriorate undetected or be modified, it -°�
is agreed that Birkhoff, Hendricks & Carter, L.L.P., will not be held liable for
completeness or coi7-ectness of electronic media after an acceptance period of thirty
days after delivery of these files.
c) The electronic files are an instrument of Birkhoff, Hendricks & Carter, L.L.P.'s
service. Where a conflict exists between the hard copy drawings and the electronic
files, the hard copy drawings will govem in aU cases.
d) Both parties acknowledge mutual non-exclusive ownership of electronic files and
each party may use, alter, modify or delete the files without consequence to the other
party.
PART B Thorou�hfare Plan Update (Optional}
Lee Engineering wiil assist in perfoi7ning several of these iasks as a subconsultant.
1. Gather Existin�Alans
Gather and review existing thoroughfare plans for Col3in, Rockwall and Dallas Counties,
NCTCOG Regiona{ Thoroughfare Plan and plans fratn other cities adjoining the City of �
Wylie including ftowlett, Sachse, Murphy, Parker, St. Paul, and Lavon. The most curc•ent
available aerial imageiy and the regional travel demand model for the City will be
obtairied from the City and or NCTC(�G. We will also gather other relevant study
re}�orts such as tlle city�s Comprehensive Plan aE�d Thoi-ougllfare Standarcls Manual.
2. Invcntorv
Utiliie the inventory of the existing road�vay network within the City of Wylie tllat w�as
completed as part of Basic Services. Arterial ���adways in the ETJ anci sui7•owldirig the
City of Wylie in adjoininb citics will also be inventoried.
3. Present Data and Solicit lnput
Prepare graphics and present a summary of the map and inventory data collected to City
staff and the Plai�ning atld Zo:�ing Cotnmission. As part of this presentation we will
solicit input on concerns with the current CiEy roadway network and Thoroughfare Plan.
4. Functiona] Classification System and Standards
Review the existing roadway functional classification system and Thoroughfare
Standards ManuaL The exisking functional classification systems used by the adjoining —�
cities, counties and NCTCOG will be used as a reference for developing any changes to
the func#ional classes.
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"�° 5. Thorou�hfare_Plan Mau
The City's existin�; Thoroughfare Plan map will be reviewed. Moditications to the
existing TI}oroubhfare Plan Ma� that could better serve existinb and proposed land uses
within the city or connections to adgacent communities will be identified. T3�e proposed
land use plan will be utilized along wi#h travel demand model outputs from the NCTCOG
for the year 2035 to determine future traffic deinands on the City's roadways.
Proposed changes to the Thoroughfare Plan map will be revie�ved with the City. We wiEl
prepare tlle final map graphic based on the proposed cllanges that are identified. The map
will show collectors and arterial roadways. Arterial roadway connections to adjoining
cities will also be included.
�. Presentation of Recommendations
We will incorporate suggestions into a final recommended Thoroughfare Plan.
Deliverables
l. A draft report documenting recoincnended changes to the existing Tl�orouglzfare Plan
�""�` Map, and functional classiftcation system and Tl�oroughfare Standards Manual will be
submitted for City review.
2. After incoi�porating the City's editorial comments, ten (10} bound copies of the Final
Report will be prepaF-ed for presentation to the City Council.
3. Prescnt finciings to the City staff, Planning and Zaning Commission ancl or City Council.
a) Attenci one meeting with City staff for review and discussion regarding tlie update.
b) Attend one Plannin�;and Zoninb Commission mccting.
c) Attend one City Counci] Meeting.
4. Delivet• elech•onic �les of the report material in MS Office foimat or in pdf forn�at. All
electronic tiles will be delivered under the following conditions:
a) The files are compatible with AutoCAD 2010 by Autodesk, Microsof� Office 2010
and Excel 201d. We do not make any warranty as to the compatibility of these files
beyond these retease versions.
b) Because data stored on electronic media can deteriorate undetected or be modified, it
��� is agreed that Birkhoff, Hendricks & Carter, L.L.P., will not be held liable for
completeness or conrectness af electronic inedia after an acceptance period of thirty
days after delivery of these files.
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c) The eiectronic files are an instrument of Birkhoff, Hendricks & Carter, L.L.P.'s "�'°
service. Where a conflict exists between the hard copy drawings and the electronic
files, ihe hard copy drawings wil] gove�71 in all cases.
d) Both pai�ties acknowledge mutual non-exclusive ownership of electranic files and
each party may use, alter, modify or delete the files without consequence to the other
party.
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°"M"�` EXHIBIT "B"
CITY OF WYL[E
ANALYSIS FOR UPDATING THE ROADWAY IMPACT FEE CALCULATION
PAYMENT SCHEDULE
Cotnpensation for services for this contract shall be based on actual salary cost times a multiplier of
2.40, with expenses, including consultants invoices at actual invoice amount times 1.15. Billings
shall be posted monthly based the time worked on the coi�tract and expenses incurred, with payment
due within thirty days from the date of the invoice. The anticipated cost of the services to update
the 2012 Roadway Capital Improvement Plai� and Impact Fee Report for C'art A (Basic Services) is
$36,400.00. The anticipated cost of services to complete the Thoroughfare Alan Review and Update
for Part B (Optianal Services) is �33,100.00.
°_-� Please initial the Scope of Service Appcoved for this Engineering Service Agreement below:
Pai�t A: (Basic Services} 2012 Roadway CiP and Impact Fee Report
Maximum Not to Exceed Amount $36,400.OU
Part A + Pa�t B: (Basic - Optional Services) 2012 Roadway CIP, Im}�act Fee Report
ai�d Thoi•oughfare Plan Update
Maxi�rum Not to Exceed Amount - $69,500.00
The approved amount will not be exceeded without written authorization fi•om the City of Wylie,
based on increased sco}�e of services.
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EXHIBIT "C" `�`�`
CITY OF WYL1E
ANALYSfS FOR UPDATING THE ROADWAY IMPACT FEE CALCULATION
Data and Assistance to be Furnished to Consultant
The City of Wylie a�rees to furnish the following data and scope of services:
l. Data regarding actual cost of impact fee eligible projects, including engineering, acquisition
of rights of way a��d testing.
2. Infonnation regardi3�g past developer and or facilities abreements and pro-rata charges that
may affect the calculation of the final maximum impact fee.
3. Base maps, demograpllic infonnation, traftic volwnes, current Thoroughfare Plan along with
the location, length, a��d typical sections for proposed pro}ects. Electronic files, maps, data
ai�d other infor�nation ouNined in Exhibit A. �
4. Scheduli��g a��d presentation of the Impact Fee Land Use Assu�nptions to both tf�e Advisory
Committee and at tl�e Public Hearing{s).
5. Coordinate and publish the necessary public nc�tices in the local newspaper and distribution
of Impact Land Use Assum�tions, Engineerin� Reports, and Ordinance for public comment.
6. Preparation of the Im�act Fee Ordinance and presentaEion to thc Advisory Conunittee and at
thc Public Hearing(s).
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