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HomeMy WebLinkAboutContract 47451 CITY SECRETAW CONMCT NO. 7y CITY OF FORT WORTH, TEXAS $S aDI STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Freese and Nichols, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Impact Fee Update 2016. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Water and Wastewater Impact Fee Update (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $235,973.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. OFFICIAL RECORD City of Fort Worth,Texas Standard Agreement for Professional Services CITY Page,of 8 SECRETARY FT WORTI�1, Tl( Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of Ten (10) months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth,Texas Standard Agreement for Professional Services Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease -each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Water Department, Attention: Carman, Water Director, 1000 Throckmorton, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth,Texas Standard Agreement for Professional Services Page 3 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. L Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article Vlll Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter City of Fort Worth,Texas Standard Agreement for Professional Services Page 4 of 8 (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Professional Services Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3)years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. City of Fort Worth,Texas Standard Agreement for Professional Services Page 6 of 8 Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Water Department 1000 Throckmorton Fort Worth, Texas 76102 Consultant: Freese and Nichols, Inc. Attn: Thomas Haster, P. E., Vice President 4055 International Plaza, Ste., 200 Fort Worth, Texas 76109 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services Page 7 of 8 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. ESS HEREOF, the parties hereto have executed this Agreement in multiples this ay of , 2016. CITY OF FO T WORTH ENGINEER Freese and Nichols Inc. Jay Chapa of? a ca Brown, P.E. Assistant City Manager ��t 000°�o� President �. % 0 . o }�8 ° ATTEST: v$ a SS: I(AEXA a J. r City Secr By: Jo R. Carman W ter Directors APPROVED AS TO FORM AND LEGALITY: /rYl { 5 ,�►Lf h,U,�, Aj By: -U/k-AA Q01to Christa Re olds Senior Assi nt City Atto ney CONTRACT AUTHORIZATION: M&C: +- 2 'f11 Date Approved: OFFICIAL RECORD l q l u CrrY 3ECRETARY WORTH, TX City of Fort Worth,Texas Standard Agreement for Professional Services Page 8 of 8 ATTACHMENT A Water and Wastewater Impact Fee Update Scope of Services Proiect Understanding This Scope of Work addresses the requirements, as per Chapter 395 of the Texas Local Government Code, for the update of water and wastewater impact fees in Fort Worth, Texas. Key study elements include; the preparation of land use assumptions, capital improvement plans (CIP) and associated CIP costs, the calculation of the associated cost per service unit and, the update of the service unit equivalency table. A public process facilitated through a Capital Improvements Plan (CIP) Citizen Advisory Committee (CAC) will assist to guide the preparation of the land use assumptions, capital improvement plans as well as provide recommendations to the City Council of impact fee collection rates. A public hearing process will conclude the study, and update of impact fees in Fort Worth. WATER AND WASTEWATER IMPACT FEE STUDY Task A. Develop Land Use Assumptions and Capital Improvements Plan A.1 Proiect Kickoff Meeting: 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. A.4 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 twenty(20) copies of the final version of each and a PDF. 1 1 P ge A.6 Prepare Exhibits C & E on Water & Wastewater Service Areas: FNI will prepare five (5) copies of the draft Exhibit C on Water Service Areas and Exhibit E on Wastewater Service Area. FNI will address City comments and prepare twenty (20) copies of the final version of each and a PDF. A.7 Identify Existing Water & Wastewater Improvements Eligible for Impact Fees: FNI will review recently completed (over the last 5 years) retail and wholesale 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.8 Identify Proposed Water & Wastewater Improvements Eligible 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 showing the proposed retail and wholesale water and wastewater capital improvements plan projects to be included in the impact fee calculation. A.9 Meet with Fort Worth Water Department to Review Existing & Proposed Water and Wastewater Projects Eligible for Impact Fee Analysis: 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.10 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. 2 1 Page Task B. Water and Wastewater Impact Fee Analysis and Public Hearing B.1 Conduct Water and Wastewater Impact Fee Capacity Analysis for Existinp, Recently Completed Capital Improvements Proiects for 10-year 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 Analysis for New Capital Improvements Projects: 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 and associated financing costs. B.3 Meet with City and TRA regardine future wastewater system capital improvements: FNI will meet with City and TRA to discuss future wastewater collection and treatment plant capital improvements attributed to Fort Worth, and determine which costs can be associated with the next 10-year growth period (and thus can be included in impact fee calculations). B.4 Calculate Water and Wastewater Costs Eligible for Impact Fee Cost Recovery: FNI will utilize the capacity analysis and capital project costs to calculate percentage of project cost eligible for impact fee cost recovery. B.5 Develop Service Unit Equivalent (SUEs) for Water and Wastewater Systems: 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.6 Perform Credit Analysis: FNI will perform an analysis to determine the credit based on utility service revenue that should be included in the calculation of up to two scenarios with more than 50%of maximum allowable impact fee. B.7 Develop Technical Memorandum of Impact on Rates: FNI will perform an analysis to determine what impact the two scenarios of credit analysis (Task B.7) will have on water and wastewater rates. Results from this analysis will be presented in a Technical Memorandum. B.8 Develop Draft Exhibits D & F on Capital Improvements Plans and Impact Fee Calculations: FNI will prepare Draft Exhibits D 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 Staff to review results. FNI will provide five (5) copies of the draft report to the City and a PDF. B.9 Meet with the City on Exhibits D and F and Prepare Final Exhibits D & F: FNI will meet with the City to obtain comments on Draft Exhibits D and F, address comments and prepare final Exhibits D and F. FNI will provide twenty (20) copies of the final Exhibits D and F along with a PDF. 3 1 Page B.10 Conduct Survey 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.11 Present Impact Fee Analysis 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.12 Assist with Preparation of Presentation for and Attend Infrastructure Committee Meeting 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.13 Assist with Preparation of Presentation for and Attend Public Hearing 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 Program: FNI will prepare two (2) 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 provide Fort Worth Water Department with 500 copies of the finalized Impact Fee Schedule and provide PDF. 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 per Chapter 395 requirements in the official newspaper for the following counties: Tarrant, Denton, Wise, Parker and Johnson. 4 1 P Task D.Special Services D.1 Review and support to Ordinance Language: FNI will lead in the identification and development of updated impact fee ordinance language. The team will further assist the development of updated ordinance language through provision of examples from other Texas/peer cities. FNI will support City Legal staff in the development of draft ordinance language, as well as be available at the public hearings to support in answering ordinance based questions. Up to two (2) city meetings and two (2) public hearing meetings are included for reading of the updated impact fee ordinance. D.2 Evaluate Including Capital Costs for Potential Future Water Supply Identified in the Water Master Plan Update in Impact Fee Calculations: FNI will evaluate the impact of including the capital costs for future water supply that are identified in the Water Master Plan 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. 5 1 P _�_ ge Fresse and Nichols,Ino. ATTACHMENT B y , Pro ect Fee Summa 20 Wt(fESMMl�tlrlPM�1>;ras�M FNIFae S 9,092 Sub Faa E 26,881 4`bafrrek�ewfl Total Project S 235.973 Basic Services Total Labor Total Expense Phase Task Labor Task Description .rm a Morn KrvArml Antrrw Fnnm J-- en.,hr H." Tan Oats erdry Owner, MM swd.b 9Y,c,r xhM Total HoursTotal Effort Total Sub Effort Total Effort Task A.Dovskiso Land Use Assum s and Capital Im tits Plan A 1 Project Kickoff Mee6np 2 4 8 2 14 $ 2,416 $ 100 $ $ 2,516 A 2 Data Collection with FWWD 2 4 a a a 28 $ 3,963 $ 100 $ S 4,063 A 3 Data Collection with Whotesele Customers 2 a 12 20 42 $ 6,316 $ 100 $ $ 6,418 A 4 Develop Impact Fee Land Use Assumptions 2 20 24 32 78 $ 11,898 $ 100 $ $ 11,998 A 5 Prepare Exhibits A d B on Land Use Assumptions for Water a Wastewater Facilities2 18 32 32 12 94 f 13,528 S 100 S 1,050 S 14,976 A 6 APrepare Exhibits C a E on Water E Wastewater Service reas 2 8 8 18 24 58 $ 7,240 S 100 $ 998 $ 8,338 A 7 Wer vflf Ey isling Water&Wastewater Improvements Eligible 2 a 18 24 So $ 7,411 It 100 E - $ 7,511 for Impact Fees A 8 Identify Proposed Water d Wastewater Improvements 2 10 18 24 54 - It 8,093 $ 100 It - It 8,193 Eligible for Impact Fees Meet with Fort Worth Water Department to Review Existing a A B Proposed Water and Wastewater Projects Eligible for Impart 2 a a 6 20 $ 3,297 It 100 $ 368 It 3,765 Fee Analysis Present Land Use Assumptions and Capital Improvements A 10 Plans to Wholesale Customer Advisory Committee,Impact 2 16 16 6 8 48 It 7,505 $ 100 It 1,365 $ 8,970 FOWCapttel Improvements Citizen Advisory Committee and Retail Customer Advisory Committee Total Develop Land Use Assumptions and Capital Improvements Plan 20 98 i 144 170 52 484 $ 71,667 f 1,000 $ 3,781 $ 76,448 Task B. Water and Wastewater Impact Fee Analysis and Public Hearma Conduct Water and Wastewater Impact Fee Capacity B 1 Analysis for Existing Recently Completed Capital 2 a 12 20 42 $ 6,316 It 100 It - It 6,416 loprovemends Projects for 10-year Projected Growth B 2 Conduct Water and Wastewater Impact Fee Capacity 2 12 16 24 54 $ 9,177. It 100 $ - It 6,277 Malysis for New Capital Improvements Projects B 3 Meet with City and TRA regarding future wastewater system 2 2 2 4 8 2 20 It 4,379 $ 100 It - $ 4,479 capital improvements ove B 4 Calculate Water and Wastewater Costs Eligible for Impact 2 8 8 18 34 $ 5,222 $ 100 It - $ 5,322 Fee Cast Rec B 5 Develop Service Una Equivalent(SUES)for Water and 2 8 8 24 a 50 $ 7,017 It 100 $ - It 7,117 Wastewater Systems B 6 Perform Credit Analysis 4 8 1 4 6 40 4 66 f 12,973 $ 100 $ 1,050 $ 14,123 8 7 Develop Technical Memorandum of Impact on Rates 4 a 4 6 40 4 86 $ 12,973 $ 100 $ 1,050 $ 14,123 B B Develop Draft Exhibits D 5 F on Capital Improvements Plans 2 16 24 32 32 108 $ 14,334 It 100 $ 1,050 It 15,484 and Impact Fee Calculations B B Meet with the City on Exhibits 0 and F and Prepare Final Exhibits D&F 2 9 24 32 8 72 S 10,201 S 100 S 1.050 $ 11,351 B 10 Conduct Survey of Area Wide Cities to Obtain Latest Water 2 2 2 2 8 $ 1,436 $ 100 $ - $ 1,536 e,d Waateweter 1m ad Fees Present Impact Fee Analysis Results to Wholesale Customer B 11 Advisory Committee,Impact Fee/Capital Improvements 2 12 16 8 8 46 S 6,988 S 100 S 2,100 S 8,188 Citizen Advisory Comtnttlee and Retail Customer Advisory Committee Assist with Preparation of Presentation for and Attend B 12 infrastruclwwe Committee Meeting on Land Use Assumptions, 2 4 8 4 6 24 $ 3,564 It 100 It 2,100 It 5,764 CIPS and Impact Fee Calculations Assist with Preparation of Presentation for and Attend Public B 13 Heating on Land Use Assumptions,CIPS and Impact Fee 2 4 4 4 6 20 It 2,887 It 100 S 2,100 It 5,167 Calculations To Water and Wastewater Impact Fee Analysis and Public Hearing 30 100 122 166 66 10 16 88 10 608 $ 96,547 $ 1,300 f 10,500 S 108,347 Task C. Public hNormallon Program C 1 Public Information Program 2 6 12 24 4 48 $ 6,831 E 198 $ 6,300 $ 13,329 C 2 Provide Notification for Public Head s 2 4 8 12 2 28 $ 4,159 E 198 $ 6,300 E 10,657 Total Public Information Program4 10 20 1 36 1 6 1 76 1$ 10,990 $ 396 1$ 12,6001$ 23,986 Task D.Special Services D 1 lReview and support to Ordinance Language 6 a 24 38 1 1 1 80 $ 11,758 $ 1981$ E 11,956 Evaluate Including Capital Costs for Potential Future Water D 2 Supply Identified in the Water Master Plan Update in Impact 6 16 32 40 2 BB S 15,036 S 198 S - $ 15,238 Fee Calculations Total Special Services 14 24 1 56 78 6 178 $ 26,796 S 396 f $ 27,192 Total Basic Services Hours 68 232 1 342 450 130 10 16 a9 10 1,346 f 206,000 $ 3,092 $ 26,881 $ 235,973 loft T:WrotlosekkF FortW rnFM Worth Wale,Depadn-"N pad F-Mmpad_Fea_SpresdNaeh_(12-07-2015).xbm Attachment B 1272015 ATTACHMENT B-1 RATE SCHEDULE Compensation to Freese and Nichols shall be based on the following Schedule of Charges. Schedule of Charges: Position Min Max Professional- 1 71 121 Professional-2 92 155 Professional-3 99 190 Professional-4 144 231 Professional-5 184 254 Professional-6 174 463 Construction Manager- 1 90 120 Construction Manager-2 109 158 Construction Manager-3 135 168 Construction Manager-4 170 230 CAD Technician/Designer- 1 59 104 CAD Technician/Designer-2 94 135 CAD Technician/Designer-3 121 174 Corporate Project Support- 1 44 101 Corporate Project Support-2 73 181 Corporate Project Support-3 80 350 Intern/Coop 36 67 Rates for In-House Services Technology Charge Bulk Printing and Reproduction $8.50 per hour B&W Color Small Format(per copy) $0.10 $0.25 Travel Large Format(per sq.n.) Standard IRS Rates Bond $0.25 $0.75 Glossy/Mylar $0.75 $1.25 Vinyl/Adhesive $1.50 $2.00 Mounting(per sq.n.) $2.00 Binding(per binding) $0.25 OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They 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, test, and other work required to be done by independent persons other than staff members. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI 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 FNI if an FNI employee was performing the same or similar services. These ranges and rates will be adjusted annually in February. 356-22015 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT WATER AND WASTEWATER IMPACT FEE UPDATE City Project No. None City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page i of I Consulting Contract Schedule Specifications FORT WORTH City of Fort Worth Capital Improvement Program Attachment D-Project Schedule This PROTECT requires a Tier 12 month schedule as defined 1wrein and in the City's Schedule Guidance Document. Dl. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: — Primavera (Version 6.1 or later or approved by CITY) — Primavera Contractor (Version 6.1 or later or approved by CITY) — Microsoft Project(Version 2003/2007 or later or approved by CITY)(PHASING OUT) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any,and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks,subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points,including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following,if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, City of Fort Worth,Texas Attachment D PMO Release Date:02.15.2011 Page 1 of 2 a Other schedule-related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CTTY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CTTY's current Schedule Guidance Document. City of Fort Worth,Texas Attachment D PMO Release Date:02.15.2011 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of2 OFFICE USE ONLY Complete Nos.1-4 and 6 if there are interested parties. Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-1081 Freese and Nichols,Inc. Fort Worth,TX United States Date Filed: 2 Name of govemmentai entity or state agency that is a party to the contract for which the form is 01/04/2016 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the govemmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. 60IMPACT FEE UPDATE 2016 Engineering Services Impact Fee Update 2016 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Brown,Jessica Fort Worth,TX United States X Hatley,Tricia Fort Worth,TX United States X New,John Fort Worth,TX United States X Payne,Jeff Fort Worth,TX United States X Haster,Thomas Fort Worth,TX United States X Nichols,Michael Fort Worth,TX United States X Lemons,Ron Fort Worth,TX United States X Pence,Robert Fort Worth,TX United States X Gooch,Thomas Fort Worth,TX United States X Herchert, Robert Fort Worth,TX United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.33598 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2 of 2 Complete Nos.i-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.i,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-1081 Freese and Nichols,Inc. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a parry to the contract for which the form is 01/04/2016 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. 60IMPACT FEE UPDATE 2016 Engineering Services Impact Fee Update 2016 4 Nature of interest(check applicable) Name of interested Parry City,State,Country(place of business) Controlling Intermediary 5 Check only if there is NO interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. Q)9 /A,-,, hh��--v� ILLY,FJW R g ature of authorized agent of contracting business entity o Ptd AF )� AM colt.e,a,I.►oel,2otQ -� Sw �J f�'>S I C-f� �01.�11� this the S day of 20 to certify which,witness my hand and seal of office, tu-� �N��Q�UtI(.r UI73,C t�,(yJG ,Aignai9rQ0f officer administering oath Print6d name of officer administering oath Title o officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.33598 M&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoR�y COUNCIL ACTION: Approved on 1/12/2016 -Ordinance No. 22036-01-2016,22037-01-2016, 22038-01-2016 &22039-01-2016 DATE: 1/12/2016 REFERENCE NO.: **C-27594 LOG NAME: 60IMPACT FEE UPDATE 2016 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Engineering Agreement with Freese & Nichols, Inc., for a Fee Not to Exceed $235,973.00 to Update the Water and Wastewater Land Use Assumptions and Capital Improvements Plan for the Purpose of Revising the Impact Fees Assessed for Water and Wastewater and Adopt Appropriation Ordinances(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the Water Capital Projects Fund (Impact Fees) in the amount of$82,591.00 and in the Sewer Capital Projects Fund(Impact Fees) in the amount of$82,591.00; 2. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$35,396.00 and the Sewer Capital Projects Fund in the amount of$35,396.00 from available funds; and 3. Authorize the execution of an Agreement with Freese and Nichols, Inc., in an amount not to exceed $235,973.00 to update the Water and Wastewater Land Use Assumptions and Capital Improvements Plan for the purpose of revising the impact fees 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 Chapter 35, Article III, Division 2 of the City Code. State law and Section 35-70.13(a) of the City Code require that the City update the Land Use Assumptions and Capital Improvements Plan at least every five years, commencing from the date of adoption of such plans and recalculate the impact fees in accordance with the procedures set forth in the Texas Local Government Code. On September 18, 2012 (M&C G-17680),the City Council approved Ordinance No. 20406-09-2012, which updated the Water and Wastewater Land Use Assumptions and the Capital Improvements Plan and revised the impact fees that allow for the collection of 50 percent of the maximum assessable water and wastewater impact fees per service unit. 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 the most recent(2012)Water and Sewer Impact Fee Study, it was determined that this study is 70 percent eligible for impact fee funding. The remaining 30 percent is being funded from the Water and Sewer Operating Budget. http://apps.cfwnet.org/council_packet/mc review.asp?ID=21853&councddate=1/12/2016 1/22/2016 M&C Review Page 2 of 3 In order to determine whether the impact fees for water and wastewater should be amended, Freese and Nichols, Inc., shall: 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. MIWBE OFFICE: Freese and Nichols, Inc., is in compliance with the City's M/WBE Ordinance by committing to 10 percent M/WBE participation. The City's SBE goal on this project is 10 percent. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. The Fiscal Year 2016 Water Operating Budget includes appropriations of$26,068,353.00 for the purpose of providing pay- as-you-go funding for capital projects. After this transfer for Fiscal Year 2016, the balance will be $16,532,511.00. The Fiscal Year 2016 Sewer Operating Budget includes appropriations of$26,300,046.00 for the purpose of providing pay-as-you go funding for capital projects. After this transfer for Fiscal Year 2016, the balance will be $22,100,974.00. *All amounts rounded for presentation purposes. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 1 59605 0600430 4413023 B20004 B02000 2016 $41,296.0 1 59605 0600430 5330500 B20004 B02000 2016 $41,296.0 1 59605 0600430 4413024 B20005 B02000 2016 $41,296.00 1)l 59605 1 0600430 5330500 B20005 B02000 1 2016 $41,296.00 1 59608 0700430 4413023 820004 B02000 1 2016 $41 296.00 1 59608 0700430 5330500 B20004 B02000 2016 $41,296.0 1 59608 0700430 4413024 B20005 B02000 2016 $41,296.0 1 59608 0700430 5330500 B20005 B02000 2016 $41,296.0 59601 0600430 4956001 1 B20004 B02000 2016 $17,698.0 59601 1 0600430 5330500 B20004 B02000 2016 $17,698.0 59601 0600430 4956001 B20005 B02000 1 2016 $17,698.0 59601 0600430 5330500 B20005 B02000 2016 $17,698.0 59607 0700430 4956001 B20004 B02000 2016 $17,698.0 59607 0700430 5330500 B20004 B02000 2016 $17,698.0 59607 0700430 4956001 1 820005 B02000 2016 $17,698.0 59607 0700430 5330500 820005 B02000 2016 $17,698.00 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 r3_1 59605 0600430 5330500 B20004 B02000 2016 $58,994.0 http://apps.cfwnet.org/council_packet/mc review.asp?ID=21853&councildate=1/12/2016 1/22/2016 M&C Review Page 3 of 3 3 59605 1 0600430 1 5330500 1 B20005 1 1 B02000 1 2016 1 1 $58,994.00 3 59608 0700430 5330500 1 B20004 B02000 2016 $58,994.00 3 59608 0700430 5330500 B20005 802000 2016 $58,994.00 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: John Carman (8246) Additional Information Contact: Nick Dons (8243) ATTACHMENTS 60IMPACT FEE UPDATE 2016 59601 water AO.docx 60IMPACT FEE UPDATE 2016 59605 water AO.docx 60IMPACT FEE UPDATE 2016 59607 sewer AO.docx 60IMPACT FEE UPDATE 2016 59608 sewer AO.docx Form 1295 Certificate 2016-1081 WWW Impact Fee signed.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=21853&councildate=1/12/2016 1/22/2016