Item 4CCITY OF
SOUTHLAKI
MEMORANDUM
(September 16, 2014)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Item 4C
Subject: Approve Engineering Services Agreement with Kimley-
Horn Associates for the 2015 Impact Fee Update Study
in the amount of $91,000
Action
Requested: Approve Engineering Services Agreement with Kimley-Horn
Associates for the 2015 Impact Fee Update Study in the
amount of $91,000
Background
Information: The City's current impact fee study was approved by the City
Council in April, 2008. The study was adopted as part of
Ordinance 657-13, which updated the impact fees for
roadway, water and wastewater.
Impact fees are charged on new development, solely to fund
or recover the cost of capital improvements or facility
expansions necessitated by and attributable to new
developments. The impact fee computation procedure and
the assessment of such fees are governed by the Texas
Local Government Code (LGC), Chapter 395.
The first step in updating the impact fee is to perform a
comprehensive engineering study by qualified professional
independent engineer or financial consultant. Kimley-Horn
Associates (KHA) will be performing the study and
presenting to the Capital Improvements Advisory Committee
(CIAC) for review so that they may provide their
recommendation to the City Council. Thereafter, the City
Council will hold a public hearing and approve, amend or
deny the ordinance updating the impact fees.
The scope of this engineering services agreement includes
the following:
KHA will assist the City in developing a Land Use
Assumption Report which includes a population projection
and new service units based on the Southlake 2030 plan for
the upcoming 10 year period. KHA will then compute the
Item 4C
total cost of infrastructure expansion attributable to new
growth for water, wastewater and roadway facilities over the
next 10 year period.
The consultant will calculate the maximum impact fee which
is computed as the difference in eligible CIP cost and the
credit for future revenues divided by the projected total new
service units for the upcoming ten years. Texas LGC allows
two credit options. First option is to give a credit equal to
50% of the total projected cost of implementing the capital
improvements plan to arrive at maximum impact fee. This
option is included in the basic services. The second option is
to give a credit for future taxes and service revenues from
projected new development to arrive at maximum impact
fee. The second option in calculating the maximum impact
fee is also included in the scope as an optional service and it
will be only performed should the city council deemed
necessary. As future taxes and revenues are difficult to
project with accuracy and open to debate, jurisdictions often
opt for the 50 percent credit. The city's current roadway
impact fee gives 50% credit to arrive at the maximum
assessable impact fee while the water and wastewater uses
financial calculations including the debt component to arrive
at the maximum impact fee
KHA will also assist the City, as required, with preparations
for presentations, workshops, public hearings, SPIN
meeting, CIAC and City Council meeting. Finally, KHA will
review and provide guidance on the ordinance and will
create an estimator spreadsheet tool that will assist the city
staff in calculating impact fees based on rates determined by
the City Council.
For the scope defined above, staff has negotiated a fee with
Kimley-Horn Associates in an amount not to exceed a cost
ceiling of $91,000, of which $76,000 is for basic services
with an additional $15,000 for the optional financial analysis
and impact fee credit services, should it be deemed
necessary by the City Council.
Item 4C
Task Fee
Meetings and Project Management $3,000
Land Use Assumptions
$3,000
Water Impact fee study
$18,500
Wastewater Impact fee study
$18,500
Roadway Impact fee study
$26,000
Public Hearing, Approval and
$7,000
Implementation tools
Total Basic Service fee
$76,000
19M
Financial
Considerations: Funding for the Impact fee study will come from the
respective roadway, water and wastewater Impact Fee
funds.
Strategic Link: The approval of the engineering services agreement will link
this request to the City's strategy map relative to the focus
area of performance management and service delivery by
adhering to providing high quality services through
sustainable business practice.
Citizen Input/
Board Review: None
Legal Review: None
Alternatives: The City Council may approve or deny the agreement.
Supporting
Documents: KHA Engineering services agreement
Staff
Recommendation: Approve Engineering Services agreement contract with
Kimley-Horn Associates for the 2015 Impact fee update
study in the amount of $91,000.
Staff Contact: Robert H. Price, P.E., Public Works Director
Cheryl Taylor, P.E., City Engineer
Om Gharty-Chhetri, P.E., Civil Engineer
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is made this day of , 20_ by and
between the City of Southlake, Texas (hereinafter referred to as "CITY"), and Kimley-
Horn Associates (hereinafter referred to as "ENGINEER").
WHEREAS, CITY contemplates the need to update the impact fee study for the
roadway, water and waste water systems in accordance with Chapter 395 of the Local
Government Code and hereinafter referred to as the "Project".
WHEREAS, ENGINEER is qualified, able, and desirous of performing the
necessary engineering work upon which the Project is based and is willing and able to
work with CITY staff to organize and coordinate the professional services necessary to
complete the Project.
NOW, THEREFORE, CITY engages ENGINEER to perform, and ENGINEER
agrees to perform, the engineering work for the Project, as more fully described herein
below, and CITY agrees to pay as compensation, and ENGINEER agrees to accept as
compensation, the payments on the dates and in the amounts herein specified, all in
accordance with the terms more fully set out below and as provided in Attachment
which is attached hereto and incorporated by reference as if fully set forth herein.
I. ARTICLE
ENGINEERING SERVICES
A. Scope of Work
ENGINEER will provide the supervision, direction, personnel and equipment to
perform the engineering Services outlined in Attachment I in accordance with the terms
set forth in this Agreement and in Attachment I.
B. Definitions.
Services refers to the professional services performed by ENGINEER pursuant
to this Agreement.
C. Changes.
CITY, without invalidating the Agreement, may order changes within the general
scope of the work required by the Agreement by altering, adding to and/or deducting
from the work to be performed. If any change causes an increase or decrease in
ENGINEER's cost of, or the time required for, the performance of any part of the
Services under the Agreement, an equitable adjustment will be made by mutual
agreement and this Agreement shall be modified in writing accordingly.
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D. Coordination With Owner.
The CITY shall make available to ENGINEER for use in performing Services
hereunder all existing plans, maps, field notes, statistics computations and other data in
the CITY's possession relative to existing facilities and to the Project.
E. Site and Local Conditions.
ENGINEER has the right to examine the site in order to become acquainted with
local conditions and accepts conditions at the site unless otherwise noted in writing to
the CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER
from its responsibilities specified hereunder. Necessary arrangement for access to any
site by ENGINEER's employees will be made with CITY.
F. Assignment and Subcontractors/Third Party Rights.
The rights and obligations covered herein are personal to each party hereto and
not to any third party and for this reason neither this Agreement nor any contract
hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER
subcontract any of its obligations under this Agreement without the prior consent of
CITY.
G. Independent Contractor.
ENGINEER covenants and agrees that it will perform the work hereunder as an
independent contractor, and not as an officer, agent, servant, or employee of CITY; that
ENGINEER shall have exclusive control of and exclusive right to control the details of
the work performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees, contractors,
subcontractors, and consultants; that the doctrine of respondent superior shall not apply
as between CITY and ENGINEER, its officers, agents, employees, contractors,
subcontractors, and consultants, and nothing herein shall be construed as creating a
partnership or joint enterprise between CITY and ENGINEER.
H. Disclosure.
By signature of this contract, ENGINEER warrants to CITY that it has made full
disclosure in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interests, direct or indirect, in property abutting the
proposed Project and business relations with abutting property owners. ENGINEER
further warrants that it will make disclosure in writing of any conflicts of interest that
develop subsequent to the signing of this contract and prior to final payment under the
contract. Finally, Engineer warrants that it has submitted to the City a completed
Conflicts of Interest Questionnaire as required by Chapter 176 of the Texas Local
Government Code.
Page 2
Approval by CITY.
Approval by CITY of this Agreement shall not constitute or be deemed to be a
release of the responsibility and liability of ENGINEER, its officers, agents, employees,
and subcontractors for the accuracy and competency of the Services performed under
this Agreement, including but not limited to surveys, designs, working drawings and
specifications and other engineering documents.
Such approval shall not be deemed to be an assumption of such responsibility
and liability by CITY for any negligent act, error, or omission in the performance of
ENGINEER's professional services or in the conduct or preparation of the subsurface
investigations, surveys, designs, working drawings and specifications or other
engineering documents by ENGINEER, its officers, agents, employees and
subcontractors, it being the intent of the parties that approval by CITY signifies the
CITY's approval of only the general design concept of the Improvements to be
constructed.
J. Indemnification.
ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD
HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND
ALL DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON
OF DEATH OR INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION
OR NEGLIGENT ACT OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES,
INVITEES, OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH
REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND ENGINEER WILL,
AT ITS COST AND EXPENSE, DEFEND, PAY ON BEHALF OF, AND PROTECT CITY
AND ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL SUCH
CLAIMS AND DEMANDS.
K. No Third Party Beneficiary.
For purposes of this Agreement, including its intended operation and effect, the
parties specifically agree and contract that: (1) this Agreement only affects
matters/disputes between the parties to this Agreement, and is in no way intended by
the parties to benefit or otherwise affect any third person or entity, notwithstanding the
fact that such third person or entities may be in a contractual relationship with CITY and
ENGINEER, or both; and (2) the terms of this Agreement are not intended to release,
either by contract or operation of law, any third person or entity from obligations they
owe to either CITY or ENGINEER.
L. Successors and Assigns.
CITY and ENGINEER each bind themselves and their successors, executors,
administrators and assigns to the other party to this Agreement and to the successors,
executors, administrators and assigns of such other party with respect to all covenants
Page 3
of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in
this Agreement without prior written consent of the other.
II. ARTICLE
CITY'S RESPONSIBILITIES
CITY will:
1. Provide full information as to CITY's requirements for the Project;
2. Assist ENGINEER by placing at ENGINEER's disposal all information in
CITY's control or knowledge which is pertinent to the Project, including
executed right-of-way easements and final field survey data;
3. Examine all work presented by ENGINEER and respond within
reasonable time and in writing to the material submitted by ENGINEER;
4. Pay all costs incident to advertising for obtaining bids or proposals from
Contractors;
5. Give prompt written notice to ENGINEER whenever CITY observes or
otherwise becomes aware of any defect in ENGINEER's work or in
Contractor's work;
6. Designate in writing a person to act as its representative with respect to
this Agreement, such person having complete authority to transmit
instructions, receive information, and make or interpret the CITY's
decisions;
7. Provide all information and criteria as to the CITY's requirements,
objectives, and expectations for the Project including all numerical criteria
that are to be met and all standards of development, design, or
construction.
8. Provide to the ENGINEER all previous studies, plans, or other documents
pertaining to the Project and all new data reasonably necessary in the
ENGINEER's opinion, such as site survey and engineering data,
environmental impact assessments or statements, zoning or other land
use regulations, etc., upon all of which the ENGINEER may rely; and
9. Arrange for access to the site and other private or public property as
required for the ENGINEER to provide its services.
10. Provide any other information or assistance as outlined in Attachment 1
hereto.
Page 4
Ill. ARTICLE
COMPENSATION FOR ENGINEERING SERVICES
The CITY shall compensate ENGINEER for services rendered under this
Agreement, in accordance with the following:
For the completion of the work contemplated in Article I, the ENGINEER shall be
paid a fee with not to exceed amount of $76,000 including expenses for basic services.
Optional special services shall be performed upon City's request on an hourly basis
with a not to exceed amount of $15,000 with a total not to exceed cost ceiling of
$91,000 as billed monthly by ENGINEER.
IV. ARTICLE
TIMES OF BILLING AND PAYMENT
The ENGINEER shall bill CITY monthly for costs incurred in accordance with the
work performed provided the limits set out in Article Ill hereof have not been exceeded.
Payment shall be due within thirty (30) days of receipt by CITY of a properly prepared
and correct invoice from ENGINEER. ENGINEER's invoices shall be accompanied by
such records or other written proof as CITY deems necessary to verify the billings,
Remittances shall be made to ENGINEER's office at 801 Cherry Street, Suite 950, Fort
Worth, TX 76102.
If CITY fails to make payment due ENGINEER within thirty (30) days of the day when
payment for services and expenses is due under the terms of this Agreement,
ENGINEER shall be entitled to interest on such unpaid sums at the rate provided in
Chapter 2251 of the Texas Government Code.
V. ARTICLE
ADDITIONAL ENGINEERING SERVICES
In addition to performing the engineering services set out in Article I, hereof,
ENGINEER agrees to perform additional services as requested by CITY from time to
time and CITY agrees to compensate ENGINEER for such services in accordance with
ENGINEER's standard hourly fee (see Attachment 1) as determined by the actual costs
incurred and by actual time expended, such services to be one or more of the following:
Make or prepare detailed description of sites, maps, or drawings related
thereto and outside the scope of the Project;
2. Appearances before courts or boards on matters of litigation or hearings
related to the Project;
3. Preparation of environmental impact assessments or statements for any
governmental agency;
Page 5
4. Miscellaneous engineering work for CITY not related to the Project;
5. To provide resident project construction inspection, unless such
inspection is not required, in writing, by the CITY;
6. Other services agreed to by the parties in writing attached hereto as
Attachment I and incorporated herein.
VI. ARTICLE
STANDARD OF CARE
In performing its professional services, the ENGINEER will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members
of its profession in the same locality at the time the services are provided. No warranty,
express or implied, is made or intended by the ENGINEER's undertaking herein or its
performance of services, and it is agreed that the ENGINEER is not a fiduciary with
respect to the CITY.
VII. ARTICLE
PERIOD OF SERVICE
This Agreement shall be effective upon execution by CITY and ENGINEER, and
shall remain in force until work is completed on the Project or until terminated under the
provisions hereinafter provided in Article Vlll.
Vill. ARTICLE
TERMINATION
The CITY may terminate this Agreement at any time for convenience or for any
cause upon ten (10) days written notice to the ENGINEER. Upon receipt of such notice
the ENGINEER shall immediately discontinue all services and work and the placing of
all orders or the entering into contracts for supplies, assistance, facilities, and materials
in connection with the performance of this Agreement and shall proceed to cancel
promptly all existing contracts insofar as they are chargeable to this Agreement.
The ENGINEER, upon termination, shall be paid for all services rendered
through the date of termination together with any additional reimbursable expense then
due.
IX. ARTICLE
OWNERSHIP OF DOCUMENTS
All completed or partially completed reports prepared under this
Agreement, including the original drawings in both paper and electronic
formats, shall become the property of CITY if this Agreement is
Page 6
terminated. Upon completion and payment of the contract, the final
design, drawings, specifications and documents in both paper and
electronic formats shall be owned by CITY.
2. Reuse, change or alteration by CITY or others acting by or on behalf of
CITY of such documents without the permission of ENGINEER shall be at
CITY's sole risk.
X. ARTICLE
INSURANCE
ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's
expense, insurance of the type and of minimum coverage limits as follows:
Workers Compensation - Statutory Employer's Liability - Limits as
required by the State of Texas.
2. Comprehensive General Liability, Bodily Injury and Property Damage
including contractual liability in a combined single limit - $500,000 per
occurrence.
3. Comprehensive Automotive Liability, Bodily Injury and Property Damage
in a combined single limit - $1,000,000 per accident.
Certificates of insurance for the above coverage in a form acceptable to CITY,
evidencing the coverage required above, shall be provided to CITY upon execution of
this Agreement. Such certificates shall provide that the insurer will give CITY not less
than ten (10) days notice of any material changes in or cancellation of coverage. In the
event any subcontractor of ENGINEER, with or without CITY's consent, provides or
renders services under this Agreement, ENGINEER shall ensure that the
subcontractor's services are covered by the same insurance limits as set forth above.
ENGINEER shall not commence work under this Agreement until it has obtained
Professional Liability (Errors and Omissions) Insurance as required hereunder and such
insurance coverage has been approved by CITY. Such insurance shall be in the
minimum amount of $1,000,000 and shall include coverage of Contractually Assumed
Liability. The insurance coverage prescribed herein shall be maintained until one (1)
year after CITY's acceptance of the construction project and shall not be canceled
without prior written notice to CITY. In this connection, upon the signing and return of
this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as
evidence that the insurance coverage required herein has been obtained by
ENGINEER, and such certificate shall contain the provision that such insurance shall
not be cancelled or modified without thirty (30) days prior written notice to CITY.
ENGINEER shall notify CITY within ten (10) days of any modification or alteration in
such Professional Liability (Errors and Omissions) Insurance.
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XI. ARTICLE
AUTHORIZATION, PROGRESS AND COMPLETION
CITY and ENGINEER agree that the Project is planned to be completed by April
6, 2015. ENGINEER shall employ manpower and other resources, and use
professional skill and diligence to meet the schedule; however, ENGINEER shall not be
responsible for schedule delays resulting from conditions beyond its control. By mutual
agreement, CITY and ENGINEER may modify the Project schedule during the course
of the Project and if such modifications affect ENGINEER's compensation, it shall be
modified accordingly, subject to CITY's approval.
It is understood that this Agreement contemplates full and complete engineering
services for this Project, including any and all Services necessary to complete the work.
For additional Engineering Services, the authorization by CITY shall be in writing and
shall include the definition of the services to be provided, the schedule for commencing
and completing the services, and the basis for compensation as agreed upon by CITY
and ENGINEER.
XII. ARTICLE
NOTICE
Any notice required under this Agreement will be in writing and given either
personally, by registered or certified mail, return receipt requested, or by a nationally
recognized overnight courier service, addressed to the parties as follows:
If to CITY: Shana Yelverton
City Manager
City of Southlake
1400 Main Street, Suite 460
Southlake, Texas 76092
Phone: 817-748-8400
Fax: 817-748-8010
If to ENGINEER: Brad Tribble, P.E
Kimley-Horn Associates
2201 West Royal Lane, Suite 275
Irving, TX 75063
Phone: 214-420-5600
All notice shall be effective upon the date of receipt.
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XIII. ARTICLE
SEVERABILITY
In the event that any provision of this Agreement shall be found to be void or
unenforceable, such finding shall not be construed to render any other provisions of this
Agreement either void or unenforceable. All provisions, which are void or
unenforceable, shall not substantially affect the rights or obligations granted to or
undertaken by either party.
XIV. ARTICLE
VENUE -LAW
Venue of any suit or cause of action under this Agreement shall lie exclusively in
Tarrant County, Texas. This Agreement shall be construed in accordance with the laws
of the State of Texas.
IN WITNESS WHEREOF the parties have caused this Agreement to be
executed in two equal originals on the date and year first above mentioned.
CITY OF SOUTHLAKE:
By:
John Terrell, Mayor
ATTEST:
By:
City Secretary
ENGINEER:
By: _ za ,
Brad Tribble, P.E
Page 9
THE STATE OF TEXAS §
COUNTY OF !��� §
Before me on this day personally appeared clRt[dd- W p known to me [or
proved to me on the oath of or through
(description of identity card or other document)] to be the person whose name is
subscribed to the foregoing instrument and that he/she is the duly authorized
1lltsr-�Il�`�i41�t 4(� f of ,and acknowledged
to me that he/she executed the sa a for the purposes dnd consideration therein
expressed.
GiIven under my hand and seal of office this day of ,
A.D. 1 ��
Notary Public, State of Texas
�-AAYELI NICOLE TUCKER '
Notary Public, State of Texas
My Commission Expires to s Name Printed
November 04, 2014
Page 10
ATTACHMENT
Kimley>»Horn
September 4, 2014
Mr: Robert H. Price, P.E.
Director of Public Works
City of Southlake
1400 S. Main Street, Suite 320
Southlake, TX 76092
RE: 20151mpact Fee Update
Southlake, Texas
Professional Services Agreement
Dear Mr. Price:
Exhibit 1
Kimley-Horn and Associates, Inc. ("the ENGINEER") is pleased to submit this proposal/letter
agreement to the City of Southlake (the "CITY") for providing professional services associated with
the update of the City's Water, Wastewater, and Roadway Impact Fees. Our project understanding,
scope of services, schedule, and fee for this project is outlined below.
Project Understanding
This project consists of providing professional services associated with an update of the City's Land
Use Assumptions and Water, Wastewater, and Roadway Impact Fees in accordance with Chapter
395 of the Texas Local Government Code. This project is anticipated to include the following
components:
1. Project Management and Meetings
2. Land Use Assumptions
3. Water Impact Fee Study
4. Wastewater Impact Fee Study
5. Roadway Impact Fee Study
6. Financial Analysis and Impact Fee Credit Determination — Optional Service
7. Public Hearings, Approval and Implementation Tools.
Scope of Services
(See attached Scope of Services -- Attachment A)
Information Provided By City
The master plan information used in the analysis shall be provided by the CITY. We shall
be entitled to rely on the completeness and accuracy of all information provided by the
CITY. The CITY shall provide all available information requested by the ENGINEER during
the project.
Kimley»>Horn
Schedule
Exhibit 1 - Page 2
Task 2 will be completed predominantly by others with assistance from the ENGINEER.
Tasks 3 through 5 will be completed within four (4) months following receipt of the
information required as part of Task 2 and a signed copy of this Letter Agreement. Task 6
(optional) and Task 7 will be completed in a timely manner based upon CIAC and City
Council schedules, along with the requirements of Chapter 395 of the Texas Local
Government Code. Additional services, if desired, will be performed in a timely manner upon
authorization by the CITY.
Fee and Billing
The ENGINEER will perform the services described in the Scope of Services on a not to
exceed Lump Sum (LS) basis in accordance with the following major tasks.
Required Lump Sum (LS) or HourlylReimbursable (HR) Task Fee:.
Task 1 — Project Management and Meetings (HR) $3,000
Task 2 — Land Use Assumptions (LS) $3,000
Task 3 — Water Impact Fee Study (LS) $18,500
Task 4 — Wastewater Impact Fee Study (LS) $18,500
Task 5 — Roadway Impact Fee Study (LS) $26,000
Task 7 — Public Hearings, Approval, and Implementation_ Tools (HR) $7,000
Subtotal Required Tasks: $76,000
Optional Special Services Lump Sum (OHR): Task Fee:.
Task 6 — Financial Analysis and Impact Fee Credit
Determination $15,000
Subtotal Optional Tasks:
TOTAL Fee:
$15,000
$91,000
The ENGINEER will perform the Required Lump Sum Tasks identified in the Scope of
Services for a lump sum fee of $66,000. The ENGINEER will perform the Required
Hourly/Reimbursable Tasks for a recommended budget of $10,000 or $26,000 (if Task 6
is requested to be completed by the City). Task 1's recommended budget allows for
approximately 20 hours and Task 7's recommended budget allows for approximately 46
hours. All permitting, application, and similar project fees will be paid directly by the City
unless otherwise stated in Attachment A.
Lump Sum fees will be invoiced monthly based upon the percentage of services performed
as of the invoice date.
The ENGINEER will provide the reimbursable services on a labor fee plus expense basis.
Direct reimbursable expenses (subconsultant fees, out -of -house printing, courier services,
etc.) will be billed at a rate of 1.10 times cost. Labor fee will be billed on an hourly basis per
Kimley»)Horn
Exhibit 9 - Page 3
the attached rate schedule, which is subject to annual adjustment. A percentage of labor fee
(6%) will be added to each invoice to cover certain other expenses such as
telecommunications, printing, in-house reproduction, postage, computer expenses, supplies,
and local mileage. This 6% is included within the not to exceed amount listed above.
Administrative time related to the project will be billed hourly. All permitting, application; and
similar project fees will be paid directly by the CITY.
We appreciate the opportunity to provide these services to you. Please contact me if you
have any questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Texas Registered Engineering Firm F-928
Jeff Whitacre, P.E., AICP, PTP Scott Arnold, P.E., PTO
Project Manager Contract Specialist
Attachments:
Scope of Services — Attachment A
KAFTW MarketinglSouthlake12014_RIF_UpdalelAugust_25_Final_Update\2014-9-4-
Soulhlake_Impact_Fee_Update_Proposal.docx
ATTACHMENT A
Kimley-Horn and Associates, Inc.
City of Southlake — 2016 Impact Fee Update
Scope of Services
Task 1. Project Management and Meetings - $3,000 (Hourly/Reimbursable)
The ENGINEER will keep communication with the City throughout the project through monthly
status meetings and status reports. These meetings will also be the meetings needed to
accomplish the various tasks outlined in this scope.
1.1. Project Team Status Meetings and Coordination. The ENGINEER will participate in
monthly meetings with City's staff. A maximum of two hours will be anticipated for each
meeting. It is assumed that a maximum of six meetings will be held through the course of
the project. These meetings will be geared to cover major technical topics. The
ENGINEER will prepare notes from each meeting and submit to the City's Project
Manager for review and approval.
1.2. Project Status Reports. The ENGINEER will prepare and submit monthly status reports
regarding the overall project schedule, critical tasks, and sub -consultant coordination (if
necessary) in conjunction with each monthly invoice.
Task 2. Land Use Assumptions - $3,000 (Lump Sum)
The ENGINEER will assist the City in developing the land use assumptions in conformance with
Chapter 395 of the Local Government Code and shall include.
2.1. Data Collection, The ENGINEER will coordinate with the City to obtain the followin data:
2.1.1 Comprehensive Master Plans — The City shall identify and provide the City's most
recent comprehensive master plans.
2.1.2 Building Permit History —The City shall provide the ENGINEER with available
building permit history (both residential and non-residential) for the previous five
(5) years. If not available the ENGINEER with base growth of Tarrant County
Appraisal District Data.
2.1.3 Land Use Assumptions from the North Central Texas Council of Governments
(NCTCOG) 2040 plan.
2.1.4 Land Use Assumptions used for the Water and Wastewater Master Plans.
2.1.5 Maps — The City shall provide the ENGINEER with available GIS shapefiles,
associated databases, and layer files in ESRI ArcGIS10.X format. All data shall be
projected in NAD 83 State Plane, South Central Texas Zone coordinates. Data
should include:
• Current Zoning Map;
• Future Land Use Plan Map;
• City 1 County Parcel Data with living area information;
• City Limits; and
• Most recent digital orthophotograph (DOQ) of the City.
City of Southlake — 2015 Impact Fee Study Page 1 of 9
Scope of Services September 4, 2014
2.2. Service Areas. The ENGINEER will work with City staff to revise the service area
boundaries (if necessary). The ENGINEER will review the existing roadway service areas
and make recommendations to the number of service areas so that each area does not
exceed the six (6) mile restriction as stated in Chapter 395 of the Local Government
Code.
2.3. Land Use Assumptions. The ENGINEER will provide City staff with an overview of the
information required as part of the Land Use Assumptions for Impact Fees. This task will
require the City to obtain the following for use in the Impact Fee calculations. The
sources of the data may come from the NCTCOG. Below is the information that will be
needed.
2.3.1 Existing population and employment information by service area for the Year 2014;
2.3.2 Build -Out population and employment projections by service area; and
2.3.3 Ten Year population and employment projections by service area for the Year
2024;
2.4. Documentation. The ENGINEER will incorporate the Land Use Assumptions information
prepared by the City into the final Impact Fee Report. No separate documentation will be
completed for the land use assumptions:
2.5. Meetings. The land use assumptions will be discussed during the monthly coordination
meetings.
2.6. Deliverables.
2.6.1 Data collection request letter
2.6.2 No specific deliverables for this task; the Land Use Assumptions will be
incorporated into the final Impact Fee Study Report.
Task 3. Water Impact Fee Study - $18,500 (Lump Sum)
The ENGINEER will prepare the water impact fee study in conformance with Chapter 395 of the
Local Government Code and shall include:
3.1. Data Collection. The ENGINEER will deliver a letter request to the City describing water
data that should be provided to the ENGINEER. The data collection is as follows:
3.1.1 Water Master Plan — The ENGINEER will coordinate with the City to obtain the
latest water system master plan adopted by the City.
3.1.2 Water CCN boundaries
3.1.3 The ENGINEER will obtain water usage history -Annual water usage and
maximum day usage records for the past ten (10) years for development of the
service unit projection.
3.2. Infrastructure Capacity Criteria. The ENGINEER will coordinate with the City to obtain the
criterion for determining the ten (10) year capacity of the following infrastructure:
3.2.1 Existing Transmission Lines built within the last 5 years
3.2.2 Future Transmission Lines (12-inch and larger)
3.2.3 Existing and Future Elevated Storage Tanks
3.2.4 Existing and Future Ground Storage Tanks
3.2.5 Existing and Future Pump Stations
City of Southlake -- 2015 Impact Fee Study Page 2 of 9
Scope of Services September 4, 2014
3.3. Water Impact Fee Capital Improvements Plan. The ENGINEER will coordinate with the
City to develop the Water Impact Fee Capital Improvements Plan. It will include the
following infrastructure:
3.3.1 Existing Transmission Lines built within the last 5 years
3.3.2 Future Transmission Lines (12-inch and larger)
3.3.3 Existing and Future Elevated Storage Tanks
3.3.4 Existing and Future Ground Storage Tanks
3.3.5 Existing and Future Pump Stations
3.4. Maximum Assessable Water Impact Fee Calculation. The ENGINEER will calculate the
additional service units based on the Land Use Assumptions. The ENGINEER will then
calculate the Impact Fee per service unit, unit equivalents by meter size and the Maximum
Assessable Water Impact Fee table by meter size. The ENGINEER will incorporate the
financial analysis performed in Task 6 to determine the maximum assessable impact fee
by service unit. if Task 6 is not performed, the ENGINEER will use 50% of the Impact Fee
CIP as the credit calculation.
3.5. Water Impact Fee Study Report. The ENGINEER will provide both a draft and final Water
Impact Fee Study Report. The report will include:
3.5.1 Water service area
3.5.2 Narrative of the impact fee methodology
3.5.3 Impact fee calculations
3.5.4 Water Impact Fee CIP
3.5.5 Exhibits
3.5.6 Because of the relatively high printing costs and the challenge of managing drafts
and final versions of each major component of the Impact Fee Study.Report, draft
versions of the Water Impact Fee Study Report will be submitted in .pdf format.
3.6. Meetings. The Water Impact Fee CIP will be discussed during the monthly coordination
meetings.
3.7. Deliverables.
3.7.1 Data collection request letter
3.7.2 Electronic (.pdf) copy of the Draft Water Impact Fee Report.
3.7.3 Upon final approval of the Impact Fee Study and new ordinance by the City
Council, the ENGINEER will provide five (5) originals of the Final Impact Fee
Study Report, including the Water Impact Fee component of the Report (see Task
7.2)
City of Southlake - 2015 Impact Fee Study Page 3 of 9
Scope of Services September 4, 2014
Task 4 — Wastewater Impact Fee Study - $18,600 (Lump Sum)
The ENGINEER will prepare the wastewater impact fee study in conformance with Chapter 395 of
the Local Government Code and shall include:
4.1. Data Collection. The ENGINEER will deliver a letter request to the City describing water
data that should be provided to the ENGINEER. The data collection is as follows:
4.1.1 Wastewater Master Plan — The ENGINEER will coordinate with the City to obtain
the latest wastewater system master plan adopted by the City.
4.1.2 The ENGINEER will obtain wastewater usage history - Annual water usage and
maximum day usage records for the past ten (10) years for development of the
service unit projection.
4.2. Infrastructure Capacity Criteria. The ENGINEER will coordinate with the City to obtain the
criterion for determining the ten (10) year capacity of the following infrastructure:
4.2.1 Existing Trunk Lines built within the last 5 years
4.2.2 Future Trunk Lines (12-inch and larger)
4.2.3 Existing and Future Lift Stations
4.2.4 Existing and Future Force Mains
4.3. Wastewater Impact Fee Capital Improvements Plan. The ENGINEER will coordinate with
the City to develop the Wastewater Impact Fee Capital Improvements Plan. It will include
the following infrastructure:
4.3.1 Existing Trunk Lines built within the last 5 years
4.3.2 Future Trunk Lines (12-inch and larger)
4.3.3 Existing and Future Lift Stations
4.3.4 Existing and Future Force Mains
4A. Maximum Assessable Wastewater Impact Fee Calculation. The ENGINEER will calculate
the additional service units based on the Land Use Assumptions. The ENGINEER will
then calculate the Impact Fee per service unit, unit equivalents by meter size and the
Maximum Assessable Wastewater Impact Fee table by meter size. The ENGINEER will
incorporate the financial analysis performed in Task 6 to determine the maximum
assessable impact fee by service unit. If Task 6 is not performed, the ENGINEER will use
50% of the Impact Fee CIP as the credit calculation.
4.5. Wastewater Impact Fee Study Report. The ENGINEER will provide both a draft and final
Wastewater Impact Fee Study Report. The report will include:
4.5.1 Wastewater service area
4.5.2 Narrative of the impact fee study methodology
4.5.3 Impact fee calculations
4.5.4 Wastewater Impact Fee CIP
4.5.5 Exhibits
4.5.6 Because of the relatively high printing costs and the challenge of managing drafts
and final versions of each major component of the Impact Fee Study Report, draft
versions of the Wastewater Impact Fee Study Report will be submitted in .pdf
format.
4.6. Meetings. The Wastewater Impact Fee CIP will be discussed during the monthly
coordination meetings.
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Scope of Services September 4, 2014
4.7. Deliverables.
4.7.1 Data collection request letter.
4.7.2 Electronic (.pdf) copy of the Draft Wastewater Impact Fee Study Report.
4.7.3 Upon final approval of the Impact Fee Study and new ordinance by the City
Council, the ENGINEER will provide five (5) originals of the Final Impact Fee
Study Report, including the Wastewater Impact Fee component of the Report (see
Task 7.2).
Task 5 — Roadway Impact Fee Study - $26,000 (Lump Sum)
The ENGINEER will prepare the roadway impact fee study in conformance with Chapter 395 of the
Local Government Code and shall include:
5.1. Data Collection. The ENGINEER will deliver a letter request to the City describing
roadway data that should be provided to the ENGINEER. The data collection is as follows:
5.1.1 Thoroughfare Plan — The City shall provide the ENGINEER the most recent
thoroughfare plan adopted by the City. GIS shapefiles, databases, and layering
information shall be provided if available.
5.1.2 Traffic Counts —The City shall provide data (current and historical) for roadway
segments on the current Master Thoroughfare Plan.
5.1.3 Design Standards
5.1.4 Historic Roadway Bid Data
5.2. 10-Year Growth Projections and Capacity Analysis:
5.2.1 In consultation with the City staff, the ENGINEER will determine land use
categories to be included in the land use vehicle -mile equivalency table.
5.2.2 The ENGINEER will identify the service units for new development and the
average trip length. Using the 9th Edition of the Institute of Transportation
Engineer's (ITE) Trip Generation Manual, the ENGINEER will develop trip
generation and pass -by trip rates.
5.2.3 The ENGINEER 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
5.2.4 The ENGINEER 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. The ENGINEER will determine the capacity available for
new growth
5.3. 10-Year Growth Projections and Capacity Analysis:
5.3.1 The ENGINEER will assist the City to develop a Roadway Impact Fee Capital
Improvements Plan, which will include cost projections for anticipated projects to
be included in the study. The Engineer will include recently completed cost
estimates created as part of the Krikwood alignment 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
City shall provide the ENGINEER with actual City cost information for previously
City of South lake — 2015 Impact Fee Study Page 5 of 9
Scope of Services September 4, 2014
completed projects with excess capacity and any cost contribution to County or
State projects.
5.3.2 The ENGINEER 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.
5.4. Maximum Assessable Roadway Impact Fee Calculation. Using the newly developed 10-
year growth projections, roadway impact fee capital improvements plan, and capacity
available for new growth, the ENGINEER 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. The ENGINEER will
incorporate the financial analysis performed in Task 6 to determine the maximum
assessable impact fee by service unit. If Task 6 is not performed, the ENGINEER will use
50% of the Impact Fee CIP as the credit calculation.
5.5. Roadway Impact Fee Study Report. The ENGINEER will provide both a draft and final
Roadway Impact Fee Report. The report will include:
5.5.1 Roadway service areas
5.5.2 Narrative of the impact fee study methodology
5.5.3 Impact fee calculations
5.5.4 Roadway Impact Fee CIP
5.5.5 Exhibits
5.5.6 Because of the relatively high printing costs and the challenge of managing drafts
and final versions of each major component of the Impact Fee Study Report, draft
versions of the Roadway Impact Fee Report will be submitted in .pdf format.
5.6. Meetings. The Roadway Impact Fee CIP will be discussed during the monthly
coordination meeting.
5.7. Deliverables.
5.7.1 Data collection request letter
5.7.2 Electronic (.pdf) copy of the Draft Roadway Impact Fee Report.
5.7.3 Upon final approval of the Impact Fee Study and new ordinance by the City
Council, the ENGINEER will provide five (5) originals of the Final Impact Fee
Study Report, including the Roadway Impact Fee component of the Report (see
Task 7.2).
City of South lake — 2015 Impact Fee Study Page 6 of 9
Scope of Services September 4, 2014
Task 6 — Financial Analysis and Impact Fee Credit Determination (Optional Service) - $15,000
(HourlylReimbursable)
A financial subconsultant will calculate maximum assessable impact fees for the designated ten-
year period for each service function (i.e. water, wastewater, and roadways), as well as determine
the water, wastewater, and roadway impact fee credits in conformance with Chapter 395 of the
Local Government Code. This task shall include:
6.1 Select Appropriate Credit Option. In 2001, Chapter 395 was amended to include a plan for
awarding either a credit for the portion of ad valorem tax and/or utility service revenues
generated by new service units during the program period that are used for payment of
improvements that are included in the impact fee capital improvements plan, or a credit equal
to 50% of the total cost of the impact fee capital improvements plan. Using the impact fee
eligible capital improvement costs and projected service units provided by the ENGINEER, the
financial subconsultant will calculate the maximum assessable, full -cost recovery impact fees,
including applicable financing costs, for the designated period. The financial subconsultant will
then meet with City Staff to determine the credit option (either the credit determination or 50%
of costs) that most appropriately satisfies the balance between the City's funding requirements
and the City's desired economic growth.
6.2 Credit Determination. Assuming the City elects to pursue the credit option involving ad
valorem tax and/or utility service revenue, the financial subconsultant will determine the
appropriate credit, if any, and apply this credit to the impact fee determination in accordance
with Chapter 395 requirements. A critical component of this calculation is the examination of
funding practices involving existing projects that are impact fee eligible under the newly
calculated impact fees. Since Chapter 395 requires a credit for ad valorem taxes and/or utility
service revenues from new service units used to fund impact fee eligible projects, a decision
must be made as to whether to maintain or modify the existing funding practice for existing
projects. The ultimate decision of either maintaining or modifying existing funding practices is
generally based on funding needs or the administrative requirements of complying with
Chapter 395.
6.3 Impact Fee Determination. After the credit determination is made, the credit will be
incorporated into the impact fee calculation. The impact fee calculation performed by the
financial subconsultant uses a financial model, which fully recognizes the requirements of
Chapter 395, including the recognition of cash and/or debt financing, interest earnings, fund
balances, ad valorem taxes, and utility rate revenues.
6.4 Meetings and Presentations. After the impact fees have been calculated, the financial
subconsultant will meet with City Staff to review the impact fee determination and address any
outstanding issues and/or concerns. Staffs comments and recommendations will be
incorporated where appropriate. The ENGINEER will incorporate the financial analysis and
impact fee credit determination into the final impact fee documentation.
City of Southlake - 2015 Impact Fee Study Page 7 of 9
Scope of Services September 4, 2014
Task 7 — Public Hearings, Approval and Implementation Tools - $7,000
(Hourly/Reimbursable)
7.1. Public Hearings and Approval. It is anticipated that a representative from the ENGINEER
will prepare for and attend up to five (5) meetings during the public hearing and approval
process. These anticipated meetings are as follows:
7.1.1 One (1) stakeholder, SPIN, Capital Improvements Advisory Committee (CIAC),
City Council, or other committee meetings;
7.1.2 One (1) CIAC/Council workshop to present fundamentals of Impact Fees, a
summary of the Impact Fee methodology, Land Use Assumptions, and the CIP
and Maximum Assessable Impact Fees;
7.1.3 One (1) CIAC public hearings to present the Land Use Assumptions, CIP, and
Maximum Assessable Impact Fees;
7.1.4 One (1) City Council public hearings to present the Impact Fee, including the Land
Use Assumptions, Impact Fee CIP and Maximum Assessable Impact Fees; and
7.1.5 One (1) City Council meeting where it adopts the ordinance and establishes the
actual Impact Fees.
7.2. Implementation Tasks.
7.2.1 Upon final approval of the Impact Fee Study and new ordinance by the City
Council, the ENGINEER will provide five (5) copies of the Final Impact Fee Study
Report, including Land Use Assumptions, Water, Wastewater, Roadway, and
Financial Analysis components the Impact Fee Study, along with an electronic
(.pdf) copy of the Final Impact Fee Study Report.
7.2.2 At the request of the City, the ENGINEER will review the proposed Impact Fee
Ordinance as prepared by the City Attorney. It is anticipated the City Attorney will
require exhibits from the Water, Wastewater, and Roadway Impact Fee Report to
be included in the ordinance.
7.2.3 Kimley-Horn will create a Water, Wastewater, and Roadway Impact Fee estimator
spreadsheet tool to assist in calculating a development's impact fees based on the
impact fee rates
Additional Services
Services not specifically identified in the Scope of Services above shall be considered additional
and shall be performed on an individual basis upon authorization by the City. Compensation for
additional services will be agreed to prior to their performance. Such services shall include, but are
not limited to, the following:
• Additional assistance in developing the land use assumptions outside of that described in this
agreement.
• Preparation for and attendance at additional public meetings not specifically identified in the
Scope of Services.
• Furnish additional copies of review documents and/or bid documents in excess of the number of
the same identified in the Scope of Services.
• Reanalysis or recalculation to reflect project scope changes or policy changes requested by the
City, addressing changes in direction previously approved by the City, or mandated by changing
governmental laws.
City of Southlake — 2015 Impact Fee Study Page 8 of 9
Scope of Services September 4, 2014
Kimley-Horn and Associates, Inc.
Standard Rate Schedule
(Hourly Rate)
Senior Engineer I 1 Senior Professional I
Senior Engineer 111 Senior Professional II
Engineer 1 Professional
CAD Technician
Designer
Analyst
Support Staff /Technician
Effective August 2014
$235 - $270
$220 - $250
$160 - $220
$145 - $160
$110 - $170
$140 - $180
$60-$120
- End of Scope of Services -
City of Southlake - 2015 Impact Fee Study Page 9 of 9
Scope of Services September 4, 2014