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HomeMy WebLinkAboutContract 43151cmr sEcRETARY' 15) S I CONTRACT NO. STATE OF TEXAS § COUNTIES OF TARRANT § DENTON, PARKER § AND WISE THIS AGREEMENT is made and executed by and between the City of Fort Worth, Texas, a municipal corporation situated in Tarrant, Denton and Wise counties, Texas, hereinafter called the "City", acting herein by and through Fernando Costa, its duly authorized Assistant City Manager, and Freese and Nichols, Inc., hereinafter called the "Consultant," acting herein by and through Thomas Haster, its duly authorized Principal. WHEREAS, Chapter 395 of the Texas Local Government Code allows the City to assess an impact fee for capital improvements related to waster and wastewater facilities; and WHEREAS, the City desires to hire a professional firm knowledgeable and experienced in assessing impact fees pursuant to Chapter 395; and WHEREAS, the Consultant has represented that it is knowledgeable and experienced in assessing impact fees and making land use assumptions pursuant to Chapter 395; and WHEREAS, the City has determined that the Consultant is the most qualified firm to represent the City in assessing impact fees and making land use assumptions pursuant to Chapter 395; and WHEREAS, the City Council authorized the City Manager to execute an agreement with Freese and Nichols, Inc., to perform such services to update the water and wastewater impact fee report, including updating land use assumptions, the capital improvements plan, and the impact fee schedules, in an amount not to exceed $175,018.00 (M&C C-25563). NOW, THEREFORE, that for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby covenant and agree as follows: SECTION 1. OFFICIAL RECORD DEFINITIONS CITY SECRETARY In this Agreement, the following words and phrases shall be defined as follows: FT. WORTH, TX Citv's Representative means the Director of the Water Department or his designee. Customer Citv means those governmental entities who have entered into a fully executed contract for the sale of treated water, as known as the Wholesale Water Contract, with the City. Deliverable Document means a report, photograph, electronic file, or an invoice that shows the completion of one of the work tasks and/or subtasks. Electronic files shall be in Word, Excel, AutoCad, or similar software and shall be provided as requested by the City. 04-27-12 A08:08 IN Notice to Proceed means the letter issued by the City that authorizes Consultant to begin work. It also authorizes future invoices to be paid. Subcontract means a contract between the Consultant for this project and another person or company for any complete task defined in the scope of work. A purchase order is also considered a subcontract. Wholesale Water Contracts means those contracts for the sale of treated water, entered into by and between a Customer City or other political subdivision or utility and the City. SECTION 2. SCOPE OF SERVICES Consultant shall provide professional services for the update the water and wastewater impact fee report required by the Texas Local Government Code Chapter 395, to include the updating of land use assumptions, the capital improvements plan, and the impact fee schedules. These professional services shall be performed in accordance with the terms in this Agreement and all attachments. If there is a conflict between the terms of this Agreement and the terms of the Consultant's Response, the terms of this document shall prevail. Consultant services, which are more specifically described in Attachment A shall include: A. Review of current Land Use Assumptions, the Capital Improvements Plan and Impact Fee Schedules and Ordinances. Additional reports to review include the Water and Wastewater Master Plan, Facilities Plan, Wastewater Conveyance and Treatment Evaluation Study and Semi -Annual Water and Wastewater Impact Fee reports. B. Update of Land Use Assumptions and the Capital Improvements Plan for water and wastewater, in accordance with Texas Local Government Code 395. C. Participate with staff in meetings with the Fort Worth Citizen Advisory Committee on Impact Fees, participate in meetings with the Wholesale Water and Wastewater Advisory Committees and Sub -Committees on impact fees; and participate in public hearings and City Council meetings concerning the impact fee studies. D. Conduct public information program including media relations, news releases, public notice advertisements, and general public relations, including newsletter. E. Prepare the Land Use Assumptions reports, the Capital Improvements Plan reports and Impact Fee Ordinances for Fort Worth. SECTION 3. TIME OF PERFORMANCE This Agreement shall be effective as of the date it is fully executed. Consultant shall perform such work as shown on Attachment A, pursuant to the timeline as shown in Attachment B Impact Fee Contract with Freese and Nichols04.20.12vI 14 unless otherwise directed by the City. Consultant agrees that Tasks D.1 and D.2 as shown on Attachment A, shall be initiated and completed as directed by the City and that the City has no obligation to issue direction to the Consultant to complete such tasks. All tasks may be modified upon mutual written consent of the parties. All modifications to this Agreement must be made by written amendment. SECTION 4. COMPENSATION TO THE CONSULTANT AND METHOD OF PAYMENT As compensation for the services provided by Consultant, in accordance with the terms of this Agreement, the City agrees to pay the Consultant on the basis of the hourly rates set forth in Attachment C, in an amount not -to -exceed $175,018.00. This amount shall constitute full and complete compensation for the Consultant's services under this Agreement, including all expenditures made and expenses incurred by the Consultant in performing such. Consultant shall not be required to furnish services or incur expenses above the $175,018.00without written authorization and additional funding from the City. The Consultant shall notify the City, in writing, when ninety percent (90%) of the total not -to -exceed amount has been invoiced. Such compensation shall be paid to the Consultant in monthly installments upon submission of statements, together with supporting data indicating the progress of the work and services performed for the month immediately preceding. Invoices will be due upon receipt and payable within thirty (30) days, subject to certification by the Director of the Water Department, or his authorized representative, that such work has been performed and the expenses have been incurred. Such certification shall not be unreasonably withheld or delayed. Reimbursable expenses are part of the not -to -exceed amount and include, but are not necessarily limited to subcontractor expenses, travel, report production and other out-of-pocket expenses, which shall be paid based upon actual cost, supported by such documentation as the City may reasonably request. SECTION 5. PROFESSIONAL RESPONSIBILITY AND WARRANTY Consultant shall perform services consistent with the skill and care ordinarily exercised by other professional consultants under similar circumstances at the time services are performed, subject to any limitations established by City as to degree of care, time or expense to be incurred or other limitations of this Agreement. Consultant further represents that it will perform all services under this Agreement in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this Agreement. Impact Fee Contract with Freese and Nichols04.20.12vI 3 SECTION 6. ESTABLISHMENT AND MAINTENANCE OF RECORDS Records shall be maintained by the Consultant at its place of business with respect to all matters covered by this Agreement. Such records shall be maintained for a period of three (3) years after receipt of final payment under this Agreement. SECTION 7. AUDITS AND INSPECTIONS Consultant agrees that the City shall, until the expiration of three (3) years after the final payment under this Agreement have access to and the right to examine any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Agreement. The Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. The Consultant further agrees to include in all its subcontracts hereunder a provisions to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after the final payment and directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article, and shall give subcontractor reasonable advance notice of intended audits. SECTION 8. INDEMNITY AND LIMITATION OF LIABILITY CONSULTANT, ITS AGENTS, EMPLOYEES AND SUBCONTRATORS SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES AND EXPENSES, IN ANY WAY TO THE EXTENT CAUSED BY THE NEGLIGENT ACT OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS. NO EMPLOYEE OF CONSULTANT SHALL HAVE INDIVIDUAL LIABILITY TO THE CITY. IN ALL ITS AGREEMENTS WITH CONSULTANTS SUBCONTRACTORS, CONSULTANT SHALL INCLUDE A SIMILAR PROVISION WITHIN THE AGREEMENT. SECTION 9. COMPLIANCE WITH LAWS In providing the scope of services outlined herein, the Consultant shall comply with all Impact Fee Contract with Freese and NicholSO4.20.12vI El applicable laws, ordinances, and codes of the Federal, State and local governments known to the Consultant, or which should have been known to Consultant in accordance with applicable professional standards of care. Consultant certifies that on the day work is to commence under this Agreement and during the duration of the Agreement, it shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this Agreement. Contractor also certifies that if it uses any subcontractor in the performance of this Agreement, that such subcontractor shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this Agreement. SECTION 10. NON-DISCRIMINATION During the performance of this Agreement, Consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Consultant. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. Consultant also agrees that in all solicitations or advertisements for employees placed by or on behalf of this Agreement, that Consultant is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. SECTION 11. MWBE GOALS In keeping with the City's Minority/Women Business Enterprise (MWBE) ordinance, Contractor agrees a minimum of twenty percent (20%) of the total dollar value of this Agreement will be paid as compensation to certified MWBE firms. Monthly reporting is required to the City of Fort Worth — MWBE Office, 1000 Throckmorton Street, Fort Worth, Texas 76102. Proof of payment for all invoices from MWBE firms will be required. Final payment to the Contractor under this Agreement may be withheld pending MWBE Office approval of documentation. SECTION 12. MODIFICATION No modification of this Agreement shall be binding on Consultant or the City unless set out in writing and signed by both parties. Modifications shall be in the same format as the final specification showing the change or addition of a task, project schedule, deliverable Impact Fee Contract with Freese and Nichols04.20.12v I 5 document(s), and schedule of payments. SECTION 13. PERSONNEL The Consultant represents that it has, or will secure at its own expense, all personnel required in performing all of the services required under this Agreement. Such personnel shall not be employees of or have any contractual relationships with the City. All the services required hereunder will be performed by the Consultant or under its supervision and all personnel engaged in the work shall be qualified and shall be authorized or permitted under state and local law to perform such services. The Consultant represents that is the Consultant's Project Director, and is available to ensure completion of the scope of services pursuant to this Agreement. SECTION 14. ASSIGNABILITY Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. SECTION 15. DEFAULT If Consultant fails to begin work herein provided for within the time specified above, or to complete such work within the time specified above, within the true meaning of this Agreement, City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If City exceeds the costs detailed in the attached documents, City may deliver to Consultant a written itemized statement of the total excess costs, and Consultant shall reimburse City for such excess costs without delay. If, at any time during the term of this Agreement, the work of Consultant fails to meet the specifications of the Agreement Documents, City may notify Consultant of the deficiency in writing. Failure of Consultant to correct such deficiency and complete the work required under this Agreement to the satisfaction of City within ten (10) days after written notification shall constitute default, and shall result in termination of this Agreement. All costs and attorneys fees incurred by City in the enforcement of any provision of this Agreement shall be paid by Consultant. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this Agreement and by law. hnpact Fee Contract with Freese and Nichols04.20.12vl on SECTION 16. TERMINATION OF CONVENIENCE OF CITY The City may terminate this Agreement for its convenience at any time by giving at least ten (10) days notice in writing to the Consultant. In the event of termination pursuant to this paragraph, Consultant shall be entitled to receive payment for all work completed or in progress, and for costs reasonably incurred to close out its project services. Compensation is to include fees, expenses, and liabilities to subcontractors or other third parties for work completed or for the work done in progress of completion at the time of termination. Consultant will make reasonable attempts to cancel all such liabilities in order to mitigate the cost to the City. If this Agreement is terminated due to the fault of the Consultant, Section 16 hereof relative to termination shall apply. SECTION 17. INSURANCE Consultant shall maintain at its own expense the following insurance: Commercial General Liability (CGL) $1,000,000 each occurrence $2,000,000 aggregate limit 2. Workers' Compensation Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease -each employee $500,000 Disease - policy limit 3. Automobile Liability $1,000,000 each accident on a combined single limit basis Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage 4. Errors & Omissions (Professional Liability) $1,000,000per claim and aggregate The certificate of insurance shall document the City of Fort Worth, its' Officers, Employees and volunteers as an "Additional Insured" on all liability policies except for Workers' Compensation and Professional Liability policies. The certificate of insurance shall provide thirty days (30) notice of cancellation or non - renewal. Impact Fee Contract with Freese and Nichols04.20.12vI 7 Example: "This insurance shall not be cancelled or non -renewed, until after thirty (30) days prior written notice has been given to the City of Fort Worth. The certificate shall be signed by an agent authorized to bond coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide. All policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City of Fort Worth. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. Policies shall have no exclusions by endorsements, which nullify the required lines of coverage, nor decrease the limits of said coverages unless such endorsements are approved in writing by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. Certificates of Insurance shall be furnished to the City upon the request of the City. SECTION 18. SEVERABILITY If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or part, the remaining portions of this agreement shall remain in effect. Impact Fee Contract with Freese and Nichols04.20.12vI SECTION 19. VENUE Should any action, whether real or asserted, at law or in equity, arise out of the terms of this Agreement, venue for said action shall be in Tarrant County, Texas. SECTION 20. MISCELLANEOUS This Agreement and all attachments represents the entire understanding between the City and the Consultant in respect to the Project, supersedes any and all prior written or oral negotiations of agreements between the parties, and may only be modified in writing signed by both parties. SECTION 21. NOTICES All written notices to the respective parties shall be sent by registered mail and be addressed as follows: CITY OF FORT WORTH Frank Crumb, PE Water Department Director City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 CONSULTANT Jessica Brown, P.E. Freese and Nichols, Inc. 4055 International Plaza, Suite 200 Fort Worth, TX 76109 SECTION 22. CAPTIONS The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms and conditions of the Agreement. SECTION 23. CONFLICTS Consultant represents to the City that it has made full disclosure in writing of any existing or potential conflicts of interest related to the services to be performed hereunder. Consultant further warrants that it will make prompt disclosure in writing of any conflicts of interest that develop subsequent to the signing of this Agreement. SECTION 24. PROHIBITION OF ASSIGNMENT Neither party hereto shall assign, sublet or transfer its interest herein without the prior written Impact Fee Contract with Freese and Nichols04.20.12vI 6 consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. EXECUTED on this, the M day of l r7 Freese and Nichols, Inc., Thomas Haster, P.E. Vice President */! Date ..A Witness OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX , 2012. City of Fort Worth, Texas Fernando Costa 4 ,ssialaCity Manager Z4 At Date Approval Recommended L �,,c�/ J� Frank Crumb, P.E., Director Water Department APPROVED AS TO FORM AND LEGALITY: ch,,��fts - l.Y" W, Chnsta RU ReYn olds Sr. Assistant City Attorney ATTEST: t Mary Fu Contract Authorization L1/17/l7 Date hnpact Fee Contract with Freese and Nichols04.20.12v 1 10 Exhibit A Scope of Work ARTICLE I BASIC SERVICES: FNI shall render the following professional services in connection with the development of the Project: WATER AND WASTEWATER IMPACT FEE STUDY Task A. Develop Land Use Assumptions and Capital Improvements Plan A.1 Proiect Kickoff Meetinq: FNI will meet with Fort Worth Water Department to review scope and schedule of the project and critical project milestones. FNI will present a memorandum outlining data needed for the water and wastewater impact fee study. A.2 Data Collection with FWWD: FNI will coordinate with FWWD on obtaining data required for the impact fee study, including cost data for recently constructed projects, information on water meters, etc. A.3 Data Collection with Wholesale Customers: FNI will coordinate with FWWD requesting wholesale customer data regarding water and wastewater operational strategies. FNI will send letter requests to wholesale customers verifying that no changes in information relative their water and wastewater operational strategies and plans. AA Develop Impact Fee Land Use Assumptions: FNI will use data developed in the Water and Wastewater Master Plans, along with data received from the wholesale customers in Task A.3, to develop 10-year impact fee land use assumptions. FNI will meet with the City to discuss the impact fee land use assumptions (population, water demands and wastewater loads for 10-year conditions) and address comments from the City. A.5 Prepare Exhibits A & B on Land Use Assumptions for Water & Wastewater Facilities: FNI will prepare five (5) copies of the draft Exhibit A on Land Use Assumptions for Water Facilities and Exhibit B on Land Use Assumptions for Wastewater Facilities. FNI will address City comments and prepare fifty (50) copies of the final version of each and a PDF. A.6 Identifv Existing Water & Wastewater Improvements Eligible for Impact Fees: FNI will review recently completed (over the last 5 years) water and wastewater improvements and determine which projects are eligible for future cost recovery from growth. CIP will include costs and mapping of existing impact fee eligible improvements. A.7 Identifv Proposed Water & Wastewater Improvements Eliqible for Impact Fees: FNI will utilize the results of the water system modeling from the Water Master Plan and wastewater system modeling from the Wastewater Master Plan to determine impact fee eligible projects. FNI will update the cost of proposed water system improvements to be included in the impact fee calculation. Maps will be prepared Impact Fee Contract with Freese and Nichols04.20.12vl 11 showing the proposed water and wastewater capital improvements plan projects to be included in the impact fee calculation. A.8 Meet with Fort Worth Water Department to Review Existinal & Proposed Water and Wastewater Proiects Eliqible for Impact Fee Analvsis: FNI will meet with the City to review existing and proposed water and wastewater system improvements identified to be included in the impact fee analysis and the associated project costs. A.9 Present Land Use Assumptions and Capital Improvements Plans to Wholesale Customer Advisory Committee, Impact Fee/Capital Improvements Citizen Advisory Committee and Retail Customer Advisory Committee: Following review by City Staff, FNI will conduct one presentation of the Land Use Assumptions and Water and Wastewater Impact Fee Eligible Capital Improvements Plans to the following committees for a total of three meetings: Wholesale Customers Advisory Committee, Retail Customer Advisory Committee and Impact Fee/Capital Improvements Citizen Advisory Committee. FNI will prepare exhibits for the Wholesale Customer Advisory Committee, Impact Fee/Capital Improvements Citizen Advisory Committee and Retail Customer Advisory Committee Presentation on Land Use Assumptions and Capital Improvements Plans. Task B. Water and Wastewater Impact Fee Analysis and Public Hearing B.1 Conduct Water and Wastewater Impact Fee Capacity Analvsis for Existina Recently Completed Capital Improvements Proiects for 10-vear Proiected Growth: FNI will utilize water and wastewater model to analyze existing completed projects for remaining capacity for impact fee cost recovery for 10-year projected growth. B.2 Conduct Water and Wastewater Impact Fee Capacity Analvsis for New Capital Improvements Proiects: FNI will utilize water and wastewater model to analyze new water and wastewater improvements for eligible capacity for impact fee cost recovery for 10 year projected growth. B.3 Calculate Water and Wastewater Costs Eligible for Impact Fee Cost Recoverv: FNI will utilize the capacity analysis and capital project costs to calculate percentage of project cost eligible for impact fee cost recovery. B.4 Develop Service Unit Equivalent (SUEs) for Water and Wastewater Svstems: FNI will utilize equivalent capacity of water meters to establish the service unit equivalents (SUEs) required in Chapter 395 of the Local Government Code for both existing and 10-year growth conditions. B.5 Develop Draft Exhibits C & F on Capital Improvements Plans and Impact Fee Calculations: FNI will prepare Draft Exhibits C and F on the water and wastewater impact fee CIPs, water and wastewater impact fee eligible capital improvements costs, and maximum allowable water and wastewater impact fees and meet with City Impact Fee Contract with Freese and Nichols04.20.12vI 12 Staff to review results. FNI will provide five (5) copies of the draft report to the City and a PDF. B.6 Meet with the Citv on Exhibits C and F and Prepare Final Exhibits C & F: FNI will meet with the City to obtain comments on Draft Exhibits C and F, address comments and prepare final Exhibits C and F. FNI will provide fifty (50) copies of the final Exhibits C and F along with a PDF. B.7 Conduct Survev of Area Wide Cities to Obtain Latest Water and Wastewater Impact Fees: FNI will conduct a survey of neighboring cities in the Metroplex and obtain the latest water and wastewater impact fees and prepare graphics showing comparisons with proposed Fort Worth Impact Fee recommendations. B.8 Present Impact Fee Analvsis Results to Wholesale Customer Advisory Committee, Impact Fee/Capital Improvements Citizen Advisory Committee and Retail Customer Advisory Committee: Following review by City Staff, FNI will conduct one presentation of results of the water and wastewater impact fee analysis results and recommendations to the following committees, for a total of three presentations: Wholesale Customers Advisory Committee, Retail Customer Advisory Committee and Impact Fee/Capital Improvements Citizen Advisory Committee FNI will prepare exhibits for the Wholesale Customer Advisory Committee, Impact Fee/Capital Improvements Citizen Advisory Committee and Retail Customer Advisory Committee Presentation on Impact Fee Calculations. B.9 Assist with Preparation of Presentation for and Attend Infrastructure Committee Meetinq on Land Use Assumptions, CIPs and Impact Fee Calculations: FNI will assist the City in preparing the presentation material for the Infrastructure Committee meeting. FNI will attend one meeting of the Infrastructure Committee and be available to answer questions at the meeting. B.10 Assist with Preparation of Presentation for and Attend Public Hearinq on Land Use Assumptions, CIPs and Impact Fee Calculations: FNI will assist the City in preparing the presentation material for the public hearing. FNI will attend one (1) Public Hearing and be available to answer questions at the public hearing. Task C. Public Information Program C.1 Public Information Proqram: FNI will prepare three (3) newsletters on project progress. FNI will compile a database of the Customer Impact Fee Committee, Citizen Advisory Committee and Wholesale Customers Advisory Committee. FNI will provide the newsletter to the City for review upon approval; FNI will distribute one hundred fifty (150) copies of the newsletter. C.2 Provide Notification for Public Hearings: FNI will provide notification for one (1) public hearing on the Land Use Assumptions, Capital Improvements Plan and Proposed Water and Wastewater Impact Fees. FNI will publish the required notices Impact Fee Contract with Freese and Nichols04.20.12vI 13 per Chapter 395 requirements in the official newspaper for the following counties: Tarrant, Denton, Wise, Parker and Johnson. FNI will prepare a public information program including media relations, news releases, public notice advertisements and general public relations. The public information program will be in compliance with Chapter 395 of the Local Government Code. Task D. Special Services D.1 Conduct Financial Analvsis of Water and Wastewater Capital Improvements Plans to Determine Eliqible Financinq Costs for Inclusion into Impact Fee Calculations: FNI will project Financing Costs for Water and Wastewater Capital Improvements Plans based on proposed phasing program that are eligible for inclusion into Impact Fees Calculations and provide the City with a brief memo on the impact of including financing costs in the impact fee calculations and a recommendation on if the financing costs should be included in the calculations. D.2 Evaluate Includinq Capital Costs for Denton Creek WWTP Service Area in Impact Fee Calculations: FNI will evaluate the impact of including the capital costs for the Denton Creek WWTP service area in impact fee calculations. FNI will provide the City with a brief memo on the impact of including those costs and a recommendation on if the costs should be included in the calculations. hnpact Fee Contract with Freese and Nichols04.20.12v1 14 Exhibit B Timeline for Completion Final copies of Exhibits A, B, C and F will be furnished within eight months of the Notice to Proceed or 30 days prior to the Public Hearing, whichever date is sooner. Impact Fee Contract with Freese and Nichols04.20.12v1 15 City of Fort Worth Water and Wastewater Impact Fee Update ID Task Name Percent Complete /I Start Finish ,,,, Qtr 21a2012 Qtr 3 2012 1 5 Tue 411711 Sun 240/11 - uun uw ,�uo Seo Land Use Assum lions and Ca ital P p Improvement Plan 2 Project Kickoff Meeting 100% Tue 4/17/12 Tue 4/17/12 3 Develop Impact Fee Land Use Assumptions 5% Tue 4/17/12 Fri 5119/12 a City Staff Presentation to Development Advisory Committee o% Tue 4/17/12 Tue 4/17/12 * 4417 on Impact Fee Process 5 Prepare Exhibits A & B on Land Use Assumptions for Water 0% Tue 5r29/12 Fn 6/l/12 & Wastewater Facilities 6 Identify Water & Wastewater Improvements Eligible for 0% Mon 6/4/12 Mon 6/11/12 �7 Impact Fees Meet with Fort Worth Water Department to Review Existing 0% Mon 6111/12 Mon 6111112 & Proposed Water and Wastewater Projects Eligible for Impact Fee Analysis a Present LUAs to Impact Fee/CIP Advisory Committee and 0% Mon 6111112 Fri 6/15/12 W/WW Wholesale Sub -Advisory Committee 9 Present WAS to Development Advisory Committee 0% Mon 6/1W72 Mon 6118/12 10 Water and Wastewater Impact Fee 0% Mon 6125112 Tue W18112 __Analysis and Public Hearing 11 Calculate Water and Wastewater Costs Eligible for Impact 0% Mon 6125/12 Fri 7113112 Fee Cost Recovery 12 Develop Draft Exhibits C & F on Capital Improvements Plans 0% Mon 7116112 wed 7/25/12 and Impact Fee Calculations 13 Present LUAs and CIP to the Wholesale Customer Advisory 0% Thu 7/12/12 Thu 7/19/12 Committee 14 City Council Resolution to Cal Public Hearing 0% Tue 7/24/12 Tue 7/24/12 16 Meet with the City on Exhibits C and F and Prepare Final 0% Thu 72W12 Fri 8110/12 Exhibits C & F 16 Present Impact Fee Analysis Results to Impact Fee/CIP 0% Mon 6/13/12 Fri all7/12 Advisory Committee and W/WW Wholesale Sub -Advisory Committee 17 Present Impact Fee Analysis Results to Development 0% Mon a20/12 Mon 8/20112 Advisory Committee to Public Review Period of the Final Drafts of Exhibit A,B,C,D,E o% Tue W14/12 Tue 9/18/12 and F 19 Infrastructure Committee Meeting Presentation on Land Use 0% Tue 9/11/12 Tue 9/11/12 Assumptions, CIPs and Impact Fee Calculations 20 Public Hearing on Land Use Assumptions, CIPs and Impact 0% Tue 9/1W12 rue 9/18/12 Fee Calculations 21 Public Information Program 0% Mon 4130112 Fri 10/5112 22 Newsletter #1 (Impact Fee Process) 10% Mon 4/30/12 Mon 4/30/12 23 Newsletter #2 (LUA) 0% Fri 6=12 Fri 6/22112 24 Newsletter #3 (Final Impact Fee Adoption) 0% Fri 1015112 Fri 1015112 25 Provide Notification for Public Headnq 0% Fri a/17/12 rue 9/18/12 Task Summary External Milestone spih Project Summary _____._r Inactive Task Milestone * External Tasks ire _._. Inactive Milestone Last Edited by: Freese and Nichols, Inc, (MHI) * 4/30 Inactive Summary Manual Task Durationonly f� * 6111 0 * u18 * 7113 fi * 7118 * 7/24 * 8120 * 9/11 * 9113 * W22 * 1015 Manual Summary Rollup Manual Summery Startonly C Oct I Finishony 3 Progress Deadline 0412312012 EXHIBIT C Schedule of Payment COMPENSATION COST PLUS MULTIPLIER WITH MAXIMUM FEE A. Basic Services: Compensation to ENGINEER for the Basic Services in Attachment A shall be at a cost plus with a maximum fee of $175,018. If ENGINEER sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in Article 1 of Attachment A, ENGINEER will notify CITY for CITY's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Direct Expenses Actual Cost Times Multiplier of 1.10 Other direct expenses shall include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis and testing. Other work required to be done by independent consultants other than staff members will be billed at cost times a multiplier of 1.05. For CAD services performed In-house by non -ENGINEER employees where ENGINEER provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to ENGINEER if an ENGINEER employee was performing the same or similar services. B. Schedule of Charges for Additional Services: Staff Member Salary Cost Times Multiplier of 2.1814 Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for the time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. Impact Fee Contract with Freese and Nichols04.20.12vI 16 Other Direct Expenses 1.10 Actual Cost Times Multiplier of Other direct expenses shall include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis and testing. Other work required to be done by independent consultants other than staff members will be billed at cost times a multiplier of 1.05. For CAD services performed In-house by non -ENGINEER employees where ENGINEER provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to ENGINEER if an ENGINEER employee was performing the same or similar services. Rates for In-house Services Printing Black and White $0.10 per copy Color $0.50 per copy Binding $5.75 per book Plotter Bond $ 2.50 per plot Special $ 5.00 per plot Color $ 5.75 per plot Impact Fee Contract with Freese and Nichols04.20.12v 1 17 M&C Review Page 1 of 2 CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas FORTWORT11 COUNCIL ACTION: Approved on 4/17/2012 - Ordinance Nos. 20173-04-2012, 20174-04-2012 & 20175-04-2012 REFERENCE ,,, 60IMPACT FEE UPDATE DATE: 4/17/2012 NO.: C-25563 LOG NAME: FREESE & NICHOLS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Agreement with Freese and Nichols, Inc., to Update the Water and Wastewater Land Use Assumptions and Capital Improvements Plan for a Fee Not to Exceed $175,018.00 and Adopt Appropriation Ordinances (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $87,509.00 in the Water Capital Projects Fund and $87,509.00 in the Sewer Capital Projects Fund; 2. Authorize the transfer of $87,509.00 from the Water Capital Projects Fund and $87,509.00 from the Sewer Capital Projects Fund to the Water and Sewer Fund; 3. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Fund in the amount of $175,018.00; and 4. Authorize the execution of an Agreement with Freese and Nichols, Inc., in an amount not to exceed $175,018.00 to update the Water and Wastewater Land Use Assumptions and Capital Improvements Plan for the purpose of revising the impact fee assessed for water and wastewater in accordance with Chapter 395 of the Texas Local Government Code. DISCUSSION: Chapter 395 of the Texas Local Government Code provides authorization for local governments to enact and impose impact fees for capital improvements related to water and wastewater facilities, storm drainage and flood control facilities and roadway facilities. Since the early 1990s, the City has assessed water and wastewater Impact Fees pursuant to the Chapter 35, Article III, Division 2 of the City Code. Although, State law requires that the City update the Land Use Assumptions and Capital Improvements Plan at least every five years, Section 35- 70.13 of the City Code requires the City to update the assumptions and plan at least every three years, commencing from the date of adoption of such plans, and recalculate the Impact Fees in accordance with the procedures set forth in Texas Local Government Code. On March 24, 2009, the City Council approved the last update (Ordinance No.18518) and on May 5, 2009, the City Council approved the revised impact fees to allow for the collection of 50 percent of the maximum assessable water and wastewater fee per service unit (Ordinance No. 18593). To comply with State law, the Water Department and wholesale water and wastewater customer representatives have undergone an extensive proposal and selection process to select the consultant for updating Fort Worth's Water and Wastewater Impact Fee studies. After evaluating qualified consultants, Water Department staff and the wholesale customer representatives have recommended Freese and Nichols, Inc., to conduct the update to the Land Use Assumptions and Capital Improvements Plan for Water and Wastewater Impact Fees. In order to determine whether the Impact Fees for water and wastewater should be amended, Freese http://apps.cfwnet.org/council_packet/mc_review.asp?ID=16683&councildate=411712012 4/17/2012 M&C Review and Nichols, Inc. shall : Page 2 of 2 Review current Land Use Assumptions, Capital Improvements Plan and Impact Fee Schedule and Ordinances. Additional reports to review include the Water and Wastewater Master Plan, Facilities Plan and Semi -Annual Impact Fee reports; Update Land Use Assumptions and Capital Improvements Plan for water and wastewater in accordance with Texas Local Government Code, Chapter 395; Participate with Staff in meetings and with the Water and Wastewater Capital Improvements Advisory Committee, participate in meetings with the Wholesale Water and Wastewater Advisory Committees and Sub -Committees, and participate in public hearings and City Council meetings concerning the impact fee studies; and Generate an updated report for the Land Use Assumptions, Capital Improvements Plan for water and wastewater and make recommendations on the City's Impact Fees. Freese and Nichols, Inc., is in compliance with the City's M/WBE Ordinance by committing to 20 percent M/WBE participation, which is also the City's goal on this project. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water and Sewer Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 2&3) PE45 472053 0601000 2&3)PE45 472058 0701000 2&3) PE45 531200 0601000 2&3) PE45 531200 0701000 1) PW53 488023 060530200040 1) PW53 488023 060530200050 D PS58 488353 070580200040 jJ PS58 488353 070580200050 $175.018.00 $175.018.00 $175.018,00 $175,018.00 $43.754.50 $43.754.50 $43.754.50 $43.754.50 Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS 4)PE45 531200 0601000 4) PE45 531200 0701000 21 PW53 538040 060530200040 Q PW53 538040 060530200050 Q PS58 538040 070580200040 z PS58 538040 070580200050 Fernando Costa (6122) S. Frank Crumb (8207) Nowzar Dinyarian (8256) 60IMPACT FEE REPORT FREESE NICHOLS PE45 A012.doc 60IMPACT FEE REPORT FREESE & NICHOLS PW53 A012.doc 60IMPACT FEE REPORT FREESE NICHOLS PS58 A012.doc $175.018.00 $175.018.00 $43.754.50 $43.754.50 $43.754.50 $43.754.50 http://apps.cfwnet.org/council_packet/mc review.asp?ID=16683&councildate=411712012 4/17/2012