HomeMy WebLinkAboutOrdinance No. 04-1551 CITY OF THE COLONY, TEXAS
ORDINANCE NO. {]) 4 ~' I~1
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH KIMLEY-HORN AND
ASSOCIATES, INC. TO PROVIDE PROFESSIONAL
ENGINEERING SERVICES TO UPDATE THE CITY'S
ROADWAY IMPACT FEES IN ACCORDANCE WITH
CHAPTER 395 OF THE LOCAL GOVERNMENT CODE;
ATTACHING THE APPROVED FORM OF AGREEMENT AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1. That the City Manager of the City of The Colony, Texas is
hereby authorized to execute on behalf of the City an agreement with Kimley- Horn and
Associates, Inc. to provide professional engineering services to update the City's
roadway impact fees in accordance with Chapter 395 of the Local Government Code;
The approved form of agreement is attached hereto as Exhibit "A:, and made a part
hereof for such purposes.
SECTION 2. This ordinance shall take effect immediately from and after
its passage by the City Council of the City of The Colony, Texas.
DULY PASSED AND APROVED by the City Council of the City of
The Colony, Texas this ff'Y~x day of /~,-~Y'v~ ~ ,2004.
/chn Dillard, }~t~yor
ty of The Colony, Texas
ATTEST:
Christie Wilson, Interim City Secretary
/~0 FORM:
A' torney
NJDHSREV. 63355
THE CITY OF THE COLONY
INDIVIDUAL PROJECT ORDER NUMBER 1010
VOTH
KIMLEY-HORN AND ASSOCIATES~ INC.
PREAMBLE
Describing a specific agreement between KIMLEY-HORN AND ASSOCIATES, INC. (hereinafter,
"the Consultant"), and The City of The Colony, Texas (hereinafter "the Client") in accordance with the
terms of the Master Agreement for Continuing Professional Services dated September 9, 2002, which is
incorporated herein by reference.
SECTION 1
Identification of Project: Professional Engineering Services for an update of the current Roadway
Impact Fee Ordinance in accordance with Chapter 395 of the Texas Local Government Code.
SECTION 2
General Category of Services: Calculation of Maximum Assessable Roadway Impact Fee in
Accordance with Chapter 395 of the Texas Local Government Code, which includes the following
components:
· Determination of 10-Year Land Use Assumptions (2004-2014)
· Development of a Capital Improvements Plan for Impact Fees
· Calculation of the Maximum Assessable Impact Fee
· Preparation of an updated Roadway Impact Fee Report
SECTION 3
Specific Scope of Basic Services: Kimley-Horn and Associates, Inc. will perform the following basic
scope of services under this IPO.
Task 1 - Proiect Coordination and Management
The Consultant will perform the following scope of services in relation to this task:
· Develop Project Coordination and Management Plan
· Develop Project Schedule and Interim Milestones
· Prepare Project Correspondence and Invoicing Documents
· Prepare and e-mail weekly progress reports to the project team
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Task 2 - Land Use Assumptions
The Consultant will prepare the land use assumptions in conformance with Chapter 395 of the Texas
Local Government Code based upon the following scope of services:
A. Data Collection
1. The Consultant will deliver a letter to the City describing data that should be provided to KHA.
The scope for data collection is as follows:
a. City Contacts - The City shall provide the organization structure and contact information for
the applicable City staff involved with the land use assumptions.
b. Comprehensive Master Plans The City shall identify and provide the City's most recent
comprehensive master plans.
c. Previous Impact Fee Reports - The City shall provide KHA any previous roadway impact fee
reports.
d. Maps - The City shall provide KHA with GIS shapefiles, associated databases, and layer files
in ESRI ArcGIS 8.x format. Data should include:
i. Current Zoning Map
ii. Future Land Use Plan
iii. City Limits and ETJ Map
iv. Existing Roadway Service Area Map
v. Most recent digital orthophotograph (DOQ) of the City
B. Service Area Boundary
1. KHA will meet with the City to review current service areas for roadways. Based on information
provided by City staff, we anticipate that there will be five (5) services areas. One of which will
include the existing Service Areas 4, 6, and a portion of 5. KHA will verify that the proposed
service area will not exceed the six (6) mile restriction as stated in Chapter 395 of the Local
Government Code.
C. Existing Land Use Assumptions
1. KHA will rely upon the existing land use assumptions contained within the report titled Impact
Fee Analysis for Water, Wastewater, and Thoroughfares, dated June 2003, as prepared by Hunter
Associates Texas, Ltd. KHA will update the existing land use information (population and
employment projections) in a tabular format suitable for use in this Roadway Impact Fee Update.
D. Build-Out Land Use Assumptions
1. KHA will rely upon the Build-Out land use assumptions contained within the report titledlmpact
Fee Analysis for Water, Wastewater, and Thoroughfares, dated June 2003, as prepared by Hunter
Associates Texas, Ltd. Any modifications to these Build-Out projections are not included in this
contract and will be considered Additional Services. KHA will summarize the Build-Out
assumptions in a tabular format suitable for use in this Roadway Impact Fee Update.
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E. Ten-Year Land Use Assumptions (2004-2014)
1. Chapter 395 states that impact fees may only be used to pay for items included in the capital
improvements plan and attributable to new service units projected over a period of time not to
exceed ten (10) years. KHA will conduct one (1) meeting with the City to receive the City's
projections for expected growth rates for land usc for each service ama. KHA will review thc
City's information and develop the demographic table using population by households to develop
10-year population projections and use North American Industry Classification system (NAICS)
to develop employment data for each service area. Employment data will be classified as number
of square feet of floor area for Basic, Service, and Retail employment. KHA will summarize the
1 O-Year assumptions in a tabular format suitable for use in this Roadway Impact Fee Update.
F. Land Use Assumptions Documentation
1. KItA will summarize the methodology utilized to update the land use assumptions prepared by
Huntcr Associates Texas, Ltd. in a Land Use Assumptions Report. The report will include the
following:
a. Historical Population Data
b. Existing land use, population, and employment data
c. 10-Year land use, population, and employment data
d. Build-Out land use, population, and employment data
c. Roadway Service Area map
f. Summary Exhibits
Meetings:
a. Prepare for and attend a kick-off meeting with Client to discuss both Land Use Assumptions and
the Roadway Impact Fee Calculations.
b. Prepare for and attend a review meeting to discuss the draft Land Use Assumptions report.
All public hearing requirements related to the Update of the Land Use Assumptions will occur as part
of the Public Hearings and Approval task.
Deliverables:
a. Fifteen (15) copies of the Draft Land Use Assumptions Report.
b. Electronic (.pdf) copy o£the Draft Land Use Assumptions Report
c. Electronic (.pdf) copy of the Final Land Use Assumptions Report
Upon final approval of the Roadway Impact Fee Update and revised ordinance by the City Council,
KHA will provide twenty (20) copies of the Final Roadway Impact Fee Report, which will include
the Land Use Assumptions Report.
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Task 3 - Roadway Impact Fee Update
The Consultant will prepare the Roadway Impact Fee Update in conformance with Chapter 395 of the
Texas Local Government Code based upon the following scope of services:
A. Data Collection
1. KHA will deliver a letter request to the City describing roadway data that should be provided to
KHA. The data collection is as follows:
a. City contacts City shall provide the organization structure and contact information for the
applicable City staff involved with the completion of thc roadway capacity analysis and
roadway impact fee CIP.
b. Thoroughfare Plan - The City shall provide KHA thc most recent thoroughfare plan adopted
by the City. GIS shapefiles, databases, and layering information shall be provided if
available.
c. Traffic Counts - The City shall provide data (current and historical) for ail roadway segments
on the current Master Thoroughfare Plan. KHA will conduct up to six (6) PM peak hour
turning movement counts to supplement information provided by thc City. It is anticipated
that these counts will occur between 5:15 and 6:15 pm on a non-holiday Tuesday,
Wednesday, or Thursday. Count information collected by KHA will be provided to the City.
B. 10-Year Growth Projections and Capacity Analysis
1. KHA will use thc service area boundary established as par~ of Task 2 (Land Use Assumptions). In
consultation with the City staff, KHA will determine land use categories to be included in thc
land use vehicle-mile equivalency table.
2. KHA will identify the service units for new development and thc average trip length. Using the
Seventh Edition of the Institute of Transportation Engineer's (ITE) Trip Generation Manual,
KHA will develop updated ~p generation and pass-by trip rates.
3. KHA will perform an analysis o£ existing condihons. This will include a determination of
roadway capacities, volumes, vehicle-miles of supply, vehicle-miles of demand, existing excess
capacity, and existing deficiencies.
4. KHA 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. KHA will
determine the capacity available for new growth.
C. Roadway Impact Fee Capital Improvements Plan
1. KHA will assist thc City to develop a Roadway Impact Fee Capital Improvements Plan, which
will include cost projections for anticipated projects to be included in the study. Thc 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 &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 KHA with actual City cost information for
previously completed projects with excess capacity and any cost contribution to County or State
projects.
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2. KHA 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.
D. Maximum Assessable Roadway Impact Fee Calculation
1. Using the newly developed 10-year growth projections, roadway impact fee capital improvements
plan, and capacity available for new growth, KHA will determine the cost of roadway
improvements by service area, the maximum costs per service unit, and the resulting assessable
roadway impact fees by service area. KHA will incorporate the 50% credit to determine the
maximum assessable impact fee per service unit.
E. Impact Fee Documentation
1. KHA will provide both a draft and final Roadway Impact Fee Report. The report will include the
following:
a. Narrative of Roadway Impact Fee Methodology
b. Summary of Impact Fee Calculations
c. Roadway Impact Fee C1P Project Map and Listing
Meetings:
a. Prepare for and attend a kick-off meeting with Client to discuss both Land Use Assumptions and
the Roadway Impact Fee Calculations.
b. Prepare for and attend a review meeting to discuss the draft Roadway Impact Fee report.
All public hearing requirements related to the Update of the Roadway Impact Fees will occur as part
of the Public Hearings and Approval task.
Deliverables:
a. Fifteen (I 5) copies of the Draft Roadway Impact Fee Report.
b. Electronic (.pdf) copy of the Draft Roadway Impact Fee Report
c. Electronic (.pdf) copy of the Final Roadway Impact Fee Report
Upon final approval of the Roadway Impact Fee Update and revised ordinance by the City Council,
KItA will provide twenty (20) copies of the Final Roadway Impact Fee Report, which will include
the Land Use Assumptions Report.
INDIVIDUAL PROJECT ORDER NUMBER 1010 WITH PAGE 5 OF 8
KIMLEY-HORN AND ASSOCIATES, INC.
Task 4 - Public Hearings and Approval
A. Public Hearings and Approval
Thc Consultant will perform the following professional services for this project phase:
1. Perform informal survey of other municipalities' roadway impact fees. Compile charts to
compare the City's proposed Roadway Impact Fees compared with those of other local
municipalities.
2. Prepare for and attend one (1) CIAC public hearing to present the respective Land Use
Assumptions, C[P's, and Maximum Assessable Impact Fees.
3. Prepare for and at~end one (1) City Council public hearing to present thc updated Land Use
Assumptions, and the Final Impact Fee Update Report, including the Roadway Impact Fee CIP
and Maximum Assessable Impact Fees.
4. Attend one (1) City Council meeting where it adopts the revised Impact Fcc Ordinance and
establishes the actual Roadway Impact Fees.
The consultant will assist in the preparation of the Impact Fee Ordinance in an advisory role only.
The City will consult the appropriate legal counsel to assist in writing the actual Impact Fee
Ordinance.
INDIVIDUAL PROJECT ORDER NUMBER 1010 WITH PAGE 6 OF 8
KIMLEY-HORN AND ASSOCIATES, INC.
SECTION 4
Additional Services
Additional services to be performed if authorized by the Client, but which are not included in the above-
described Scope of Services, are as follows:
A. Performing any analysis in addition to that listed above related to the update of the Land Use
Assumptions as prepared by Hunter Associates Texas, Ltd.
B. Performing any additional traffic counts beyond those identified in the scope of services.
C. Preparing for or attending any additional meetings not identified within the Scope of Services.
D. Furnishing additional copies o£review and/or final documents in excess of the number of the same
identified m the Scope of Services.
E. 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 changes to
governmental laws.
F. The Public Hearing and Approval process could require an additional meeting. If an additional
meeting is required we recommend budgeting a reimbursable fee of approximately $1,000 for the
labor and expenses associated with preparation for, and attendance at, the meeting.
INDIVIDUAL PROJECT ORDER NUMBER 1010 WITH PAGE 7 OF 8
KIMLEY-HORN AND ASSOCIATES, INC.
SECTION 5
Special Terms of Compensation:
Consultant wil! perform the tasks described in thc Scope of Services for the lump sum fee of $33,500.
The lump sum tee includes labor costs and direct expenses identified in this contract, as well as items
such as in-house duplicating, blueprinting, facsimile, local mileage, telephone, postage, and computer
expense.
Consultant will perform the tasks described in Additional Services on a reimbursable basis at the hourly
rates in effect at the time of the service plus 6% to cover certain direct expenses for the project which
would include in-house duplicating, facsimile, postage, local mileage, telephone, and word processing.
Other direct expenses will be invoiced at cost plus 15%. Technical use of computers for design, analysis,
and graphics, etc, wil! be billed at $25.00 per hour. For your budgeting purposes, wc recommend
budgeting a fee of approximately $1,000 for the reimbursable Additional Services Task F. Consultant will
not perform any Additional Services without prior written approval.
ACCEPTED:
CLIENT: THE CITY OF THE COLONY, TEXAS K1MLEY-HORN AND ASSOCIATES, INC.
A MUNICIPALITY
G. Brad Tribble, P.E.
TITLE: Cd~r ff~l,~.~, t~ ~// TITLE: Senior Vice President
DATE: ~t~,~r~._ ~-~/ ~)~ q DATE: March 25, 2004
TITLE: ~(~/L~ .~~ TITLE: Assistant Secretary
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