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HomeMy WebLinkAboutContract 53328 01� 12 AM CITY SECRETARY Cb F` CONTRACTNO. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES � cRys This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ? . ("City"), and Freese and Nichols, Inc., authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: Water & Wastewater Impact Fee Update & Wastewater Model Update. Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Water& Wastewater Impact Fee Update & Wastewater Model 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 an amount up to $600,000.00 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". 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. Article III Term Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term beginning on the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 — - Page 1 of 9 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 the work to be performed hereunder and of 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 respondeat 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) THE CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 2 of 9 Commercial General Liability $1,000,000 each occurrence $2,000,000 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 attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto 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. 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 3 of 9 h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. 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 VIII Termination of Contract (1) a. City may terminate this Agreement for its convenience on 30 days' written notice to Consultant. b. 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 the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If City chooses to terminate this Agreement, 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 II 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 4 of 9 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. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 5 of 9 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 Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XIII 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 XIV 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. Article XV 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11,07.17 Page 6 of 9 Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVI 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: Reza Broun Water Department 1000 Throckmorton Fort Worth, Texas 76102 Consultant: Freese and Nichols, Inc. Attn: Jessica Brown, P.E. Vice President 4055 International Plaza, Ste. 200 Fort Worth, Texas 76109 Article XVII Prohibition On Contracts With Companies Boycotting Israel Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XVIII 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 Revision Date:11.07.17 Page 7 of 9 Article XIX Attachments, Schedules and 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. The following attachments and schedules are hereby made a part of this Agreement: Attachment A- Scope of Services Attachment B—Compensation Attachment C - Project Schedule Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH CONSULTANT Freese and Nichols, Inc. 1�i� - Dana Bur6 doff Jes i a Brown, P.E. Assistant City Man ger Vice resident Date: Z Z (� Date: APPROVAL RECOMMENDED: By: Chris Harder, P.E. Director FA E ,( R,F) City of Fort Worth,Texas ��CR, FE ARPT Standard Agreement for Professional Services ����� Revision Date:11.07.17 Page 8 of 9 ��o� t7 h'� n-c 7 r� Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting Form 1295 No. 2019-544955 require ents. M&C No.: 19-0356 Reza Broun hQ P M&C Date: 12/03/2019 Project Manager APPROVED AS TO FORM AND ATTEST: LEGA TY ''' O By: Christina Rey o s M ry J. K s r Senior Assistant ' y-A rney City Secretary City of Fort Worth,Texas Standard Agreement for Professional Services UL-IFi�� Revision Date:11.07.17 i Page 9of9 K of ;peg '\ U/;1 Ir.y. ATTACHMENT"A" Fort Worth Water Water&Wastewater Impact Fee Update &Wastewater Model Update Scope of Services October 3, 2019 Project 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 Project Kickoff Meeting: Freese and Nichols, Inc. (FNI) will meet with Fort Worth Water (FWW) 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. FNI will set-up a SharePoint site to store project deliverables and meeting materials and to exchange data. FNI will set-up monthly progress meeting phone calls. A.2 Data Collection with FWW: FNI will coordinate with FWW 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 Including Online Survey: FNI will coordinate with FWW requesting wholesale customer data regarding water and wastewater operational strategies. FNI will send online surveys to wholesale customers on projected water and wastewater loads and verifying that no changes in information relative their water and wastewater operational strategies and plans. A.4 Review and Update 10- and 20-Year Water and Wastewater Service Areas: FNI will meet with the FWW staff and potentially staff from other City departments to review the 10- and 20-year service area boundary and discuss any changes necessary based on recent annexation legislation or other city policy changes. Following that meeting, FNI will update the 10- and 20-year service areas for water and wastewater and submit to FWW 1111a ge for review and comment. FNI will address comments from FWW and submit final service area maps. A.5 Develop Impact Fee Land Use Assumptions: FNI will use data developed in the Water and Wastewater Master Plans, the updated service areas and any changes in projected land use, along with data received from the wholesale customers in Task A.3, to develop 10- and 20-year impact fee land use assumptions. FNI will meet with FWW to discuss the impact fee land use assumptions (population, water demands and wastewater loads for 10- and 20-year conditions) and address comments from FWW. A.6 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 FWW's comments and prepare twenty(20) copies of the final version of each and a PDF. A.7 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 FWW comments and prepare twenty(20)copies of the final version of each and a PDF. A.8 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.9 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.10 Meet with FWW to Review Existing & Proposed Water and Wastewater Projects Eligible For Impact Fee Analysis: FNI will meet with FWW 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.11 Present Land Use Assumptions and Capital Improvements Plans to a Group Consisting of the Impact Fee/Capital Improvements Citizen Advisory Committee and representatives from the Wholesale Customer Advisory Committee and Retail Customer Advisory Committee: Following review by FWW Staff, FNI will conduct up to two (2) presentations of the Land Use Assumptions and Water and Wastewater Impact Fee Eligible Capital 21 1' ape Improvements Plans to the combined group of the Impact Fee/Capital Improvements Citizen Advisory Committee and representatives from the Wholesale Customers Advisory Committee and the Retail Customer Advisory Committee for a total of up to two (2) meetings. FNI will prepare exhibits for the presentation on Land Use Assumptions and Capital Improvements Plans and provide copies for all committee members. Task B. Water and Wastewater Impact Fee Analysis and Public Hearing B.1 Conduct Water and Wastewater Impact Fee Capacity Analysis for Existing Recently Completed Capital Improvements Protects for 10-year Projected 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. FNI will obtain construction costs for recently completed projects for adding to the analysis. B.2 Conduct Water and Wastewater Impact Fee Capacity Analysis for New Capital Improvements Projects: FNI will utilize water and wastewater models to analyze new water and wastewater improvements for eligible capacity for impact fee cost recovery for 10- year projected growth and associated financing costs. FNI will re-evaluate the proposed costs for the new water and wastewater projects added to the Impact Fee analysis. B.3 Meet with FWW and TRA Regarding Future Wastewater System Capital Improvements: FNI will meet with FWW 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 Meet with TRWD on Costs of Future Water Supply Improvements: FNI will meet with the FWW and TRWD to discuss the costs and schedule of future water supply 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.5 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.6 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.7 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. 31Page B.8 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.9 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 FWW staff to review results. FNI will provide five (5) copies of the draft report to FWW and a PDF. B.10 Meet with FWW on Exhibits D and F and Prepare Final Exhibits D & F: FNI will meet with FWW 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. B.11 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.12 Present Impact Fee Analysis Results to a Group Consisting of the Impact Fee/Capital Improvements Citizen Advisory Committee and representatives from the Wholesale Customer Advisory Committee and Retail Customer Advisory Committee: Following review by FWW Staff, FNI will conduct up to two (2) presentations of results of the water and wastewater impact fee analysis results and recommendations to the combined group of the Impact Fee/Capital Improvements Citizen Advisory Committee and representatives from the Wholesale Customers Advisory Committee and the Retail Customer Advisory Committee for a total of up to two (2) meetings. FNI will prepare exhibits for the presentation on Impact Fee Calculations and provide copies for all committee members. B.13 Present to Developers Advisory Committee on Land Use Assumptions, CIP and Impact Fee Analysis: FNI will conduct one presentation to the Developers Advisory Committee on the land use assumptions, capital improvement plan, results of the water and wastewater impact fee analysis results and recommendations. FNI will prepare exhibits for the presentation on Impact Fee Calculations and provide copies for all committee members. B.14 Assist with Preparation of Presentation for and Attend Infrastructure Committee Meeting on Land Use Assumptions, CIPs and Impact Fee Calculations: FNI will assist FWW 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.15 Assist with Preparation of Presentation for and Attend Public Hearing on Land Use Assumptions, CIPs and Impact Fee Calculations: FNI will assist FWW in preparing the 41 Pa [), e presentation material for the public hearing. FNI will attend one (1) Public Hearing and be available to answer questions at the public hearing. B.16 Develop Updated Impact Fee Calculator: FNI will develop an updated Impact Fee calculator to assist FWW in assessing the adopted Impact Fee schedule adopted by the City Council. The calculator will be based on updated platting information and determine the proposed Impact Fee based on water meter sizing.The calculator will be delivered as an Excel spreadsheet and in PowerBl. 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 FWW 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. The public information program will be in compliance with Chapter 395 of the Local Government Code. Task D. Wastewater Model Update D.1 Wastewater Model Update Data Collection: FNI will compile information from FWW including GIS files, new x-files, preliminary plats and preliminary design drawings for projects currently under design for the wastewater model update. D.2 Expand the Wastewater Model to Include All Lines and Update to Include Changes to Existing Lines, Recently Constructed Projects and Upcoming Protects: FNI will review the hydraulic model and will enhance it to include GIS updates, recently constructed projects and projects under construction. FNI will update the hydraulic model for the existing system and future planning scenarios. FNI will flag all changes made to the hydraulic model. FNI will update the following in the hydraulic model: • Add new sewer lines, force mains, lift stations, siphons and manholes • Remove abandoned sewer lines, force mains, lift stations, siphons and manholes, • Update diameters, • Update invert elevations, • Update rim elevations, 51Pa � e • Update alignments, • Update user text fields in the model D.3 Update Wastewater Load Distribution Based on Updated Geocoding Billing Meter Data: FNI will assign and distribute wastewater loads based on the latest round of geocoded billing meter data. FNI will utilize the data to assign loads for existing and 10-year conditions. DA Calibrate Updated Wastewater Model: FNI will calibrate the updated wastewater model for up to twenty-five (25) flow meter sites based on recent FWW flow monitoring. Each flow meter basin will be calibrated to depth, flow, and velocity to reflect the existing collection system conditions. D.5 Meet with FWW to Review Updated Model: FNI will meet with FWW staff to review and discuss the results of the updated hydraulic model. FNI will address any comments from the meeting before delivering the updated model. D.6 Deliver Updated Model and Electronic Files to FWW: FNI will deliver the updated wastewater model and electronic files to FWW. D.7 Field Verification/Surveying of Critical Missing Data: The field inspection and verification will be used to collect all critical needed physical data not included in the GIS. The field inspections will be done in conjunction with City staff for access to manholes and will focus on the following: • GPS surveying of critical manholes to obtain X and Y coordinates and measure downs to obtain inverts for up to 180 GPS shots. FNI will review raw field data and convert into GIS format for input into model database and provide revised GIS data to City.This task will require prior approval from the City. p ONb h N_ N o m _M V O b 1� d O ONNO N N Oi N N N � b m�A n 0 �b O H � O ~ H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H w w CW fV f H H H H H H H H H H H H H H H H H Y H H H H H H H H N H H H H H ° H H W o m 1m0 n Y' m C N M m 1�fmp O1 pol d < M ON1 pNi b��M 1°V N W Pw f H H H H H H H H H H H H H H H H H H H H H H H H H H H H w d H �p 8 Yp N'O<<'lN N A aD N N pi 10� N N b d Yl a�V b IOd� 9 W O ~ H H H H H H H H H H N H H H H H H H H H H H N H H H H H H H w N M YY YY M N M N N� O .- F E 8 H Q N b d m d d an d N d N d d N N N N N N d N N m M d O a u n m bbmN N °DNN m N NN 1. N d NN 2E d d m Y N m N o d b b N m NN N, N N N N N M N m u E N m b d G N b d N N N m m d b m N N d N N b � I N w � IL E O u .W m H $A a u�' 2 E =a EEE po m cto g tY 3 m as dm b n� a4 ELL 4_'d` ¢` 2 3 zW EU E — c yei3 = o «amp o C« `o E. aEE LL LL 3 «L7� mE I E 3 E `� E� A o A v n E a a� n E o m y m x b m c a v E a E U aElaWu up v Q jiu7`o m m _3 m?E v - �cim�q c _ ' 3� os m•>� E ¢o yy C_`m =cEac� — a ma Q �3a ° �a moo= Aa " � _ ° vae "aqua = a ° hoc a a = °Im `a mNa=IE��°,�W ° o�E'=$=¢ �� «9c��F3�uu`zc�z �`a a�a�a�a €P� 3u sE E °mGi�6o� eE Ti U U w o v c-m o E. m Ti«A y E 9 09 - m c t0 va ym .. co c�u�u u>`c > i u cu u°1iEN mA a'n a9.8� o`oorco a` a`���w'ati�ti So uE�E�cionoaci:1A�. k n`.E �¢ao 29 ugSu'i Foci��o�. _ _ N f N L Q Q Q Q¢ Q Q Q Q Q Q m m m m m m m'm m m m m m m m m 0 0 0 U O U UU O Y LL n ATTACHMENT"B" COMPENSATION Compensation to Freese and Nichols shall be based on the following Schedule of Charges. Schedule of Charges: Position Min Max Professional 79 144 Professional 2 106 195 Professional 133 218 Professional 149 235 Professional 178 297 Professional 187 383 Construction Manager 1 97 174 Construction Manager 2 107 183 Construction Manager 146 201 Construction Manager4 184 272 CAD Technician/Designer 1 65 124 CAD Technician/Designer 2 95 148 CAD Technician/Designer 3 123 198 Corporate Project Support 1 47 121 Corporate Project Support 2 71 163 Corporate Project Support 3 94 256 1 me rn/Coop 41 81 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.ft.) Standard IRS Rates Bond $0.25 $0.75 Glossy/Mylar $0.75 $1.25 Vinyl/Adhesive $1.50 $2.00 Mounting(persq.ft.) $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. For 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, these services will be billed at a cost times a multipler of 1.10. 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. Last updated February 2019. 356022019 .Cy - - § � } CA k a � § � ) J \ { { § k aIr E I w d & § \ ui k - . . ■ � { � 2 EGG { [ [ § k � \ ) \ \ § 2 a i 00 ch J J F- } $ m } N \ \ \ \ \ \ ~ \ \ \ - k ) ƒ \ \\ \ e e z e F- t bo r \ z [ 6 � 2E In / / - - - - ; / } a ^ a ` § ® 7 2 ® _ [ } § # __ & R § - ( ! \q ® - 3 \ 7 § { e bo & } « \ A) _ \ ! M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT�Tt111 DATE: 12/3/2019 REFERENCE NO.: **M&C 19- LOG NAME: 60IMPACT FEE STUDY 0356 UPDATE 2022 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Agreement, with Freese and Nichols, Inc., in the Amount of $600,000.00 to Update Land Use Assumptions and the Water and Sewer Impact Fee Schedule, Incorporate Revisions in the Water and Sewer Capital Improvements Plan, and Update Wastewater Model and Adopt Appropriation Ordinances (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinances increasing receipts and appropriations in the Water Impact Fee in the amount of$300,000.00; and Sewer Impact Fee Fund in the amount of$300,000.00 from available funds; and 2. Authorize the execution of an Agreement with Freese and Nichols, Inc., in an amount not to exceed $600,000.00 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 (City Project No. 102211). 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, and Division 2 of the City Code. State law and Section 35-70.13(a) of the City Code requires 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 Chapter 395 of the Texas Local Government Code. On December 6, 2016, the City Council approved the last update and the City Council approved the revised impact fees to allow for the collection of 40 percent of the maximum assessable water and wastewater fee per service unit(Ordinance No. 22525-12-2016). To comply with City procedure and the Water Departments Wholesale Contracts, the Water Department formed a Wholesale Customer Sub-advisory Committee and issued a Request For Qualifications for the selection of an engineering consultant. After incorporating input from the Wholesale Customer Sub-advisory Committee, Water Department staff has recommended Freese and Nichols, Inc., be selected to conduct the update of the Land Use Assumptions and Capital Improvements Plan for Water and Wastewater Impact Fee Update. As part of the Water and Wastewater Impact Fee Update, Freese and Nichols, Inc. shall Update the Wastewater Model, use the updated Water Model provided by the City and 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 Plan littp:Happs.cfwnet.org/council_packet/mc_t eview.asp?ID=27503&councildate=12/3/2019 12/9/2019 M&C Review Page 2 of 2 Citizen Advisory Committee, participate in meetings with the Water and Wastewater Wholesale Customer 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. MWBE OFFICE: Freese and Nichols, Inc., is in compliance with the City's BDE Ordinance by committing to 14 percent SBE participation on this project. The City's SBE goal on this project is 10 percent. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of the Water Impact Fee Fund and the Sewer Impact Fee Fund. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID _. _ -- - ID _ _ _L . Year I (Chartfield 2) --FROM Fund Department Account Project Program Activity Budget Reference# Amount f ID ID - f _Year- I (Chartfield 2) _-- Submitted for City-Manager's Office by: Dana Burghdoff(8018) Originating Department Head: Chris Harder(5020) Additional Information Contact: Scott Taylor(7240) Reza Broun (8073) ATTACHMENTS 60IMPACT FEE STUDY UPDATE 2022 56003 A020.docx 60IMPACT FEE STUDY UPDATE 2022 57003 A020.docx http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27503&councildate=12/3/2019 12/9/2019