HomeMy WebLinkAboutContract 37769 (2)C�'y SECRETARY
ooNTRACT No.
STATE OF TEXAS §
COUNTIES OF TARRANT §
DENTON 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 Red Oak Consulting, a division of Malcolm Pirnie, Inc.,
hereinafter called the "Consultant," acting herein by and through Randall G. McIntyre, P.E.,
its duly authorized Senior Associate.
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, on or about December 27, 2007, the City issued a Request for Proposals
to update the water and wastewater impact fee report, including updating land use assumptions,
the capital improvements plan, and the impact fee schedules (RFP); and
WHEREAS, the Consultant submitted a Response to the RFP and made a presentation
to the City regarding its capabilities, desire and offer to provide such services; and
WHEREAS, the Contractor 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 Red Oak Consulting, A Division of Malcolm Pirnie, 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
$258,800 (M&C C-23056).
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.
DEFINITIONS
In this Agreement, the following words and phrases shall be defined as follows:
ORIGINAL
City's Representative means the Director of the Water Department or his designee.
Agreement means the Consultant's Response to the City's Request for Proposal to update the
water and wastewater impact fee report, including updating land use assumptions, the capital
improvements plan, and the impact fee schedules dated on or about December 27, 2007 and all
its addenda, attached as exhibit "A", specifications, task orders, this Agreement and all other
attachments.
Customer City 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.
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.
V�Tliolesale �J�Iater 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 the
Consultant's Response to the RFP (Attachment A) and Attachment B, "Scope of Services". 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 B 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.
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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.
F. Evaluate Trinity River Authority Denton Creek Service Area to include potential
Wastewater Capital Improvements Plan projects.
G. Evaluate the impact fee structure for the Tradition Municipal Utility Districts and
prepare a template for future calculation of other Municipal Utility Districts specific
impact fees.
SECTION 3.
TIME OF PERFORMANCE
This Agreement shall be effective as of Septelr�ber 16, 2008. Consultant s haii perfoiiii such
work for Tasks 1 through 7 as shown on Attachment B, pursuant to the timeline as shown in
Attachment C and as directed by the City. Consultant agrees that Tasks 8 through 13 as shown
on Attachment B, 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. Tasks 8 through 13
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 B, in an amount not -to -exceed $258,800.00. 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 $258,800.00 without
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
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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.
LEGAL COUNSEL
Consultant has retained The Law Offices of Susan G. Zachos ("Law Firm") as asub-consultant
to perform services as identified in its Response to the RFP. The City is aware that Law Firm
provides services through its licensed attorney and shall be rendering legal services and advice
to the Consultant as a function of Consultant's performance of this Agreement for the benefit of
the City. To the extent allowable at law, communications between the Zachos Firm and the City
in the course of providing such services to the Consultant may be protected by the
Attorney/Client and/or Work Product Privilege to the City at the City's discretion. Both parties
are aware that Law Firm has not been retained as outside legal counsel pursuant Section 3 of
Chapter VI of the City Charter, for the performance of any or all of the work under this
Agreement and therefore has not been retained to assist the city attorney or his assistants on
legal ,�,attP,-c fo,- services perfo::ned under th.s Agreement. The Consultant sl�iall not control or
influence Law Firm's performance of the legal services or otherwise direct or control Law
Firm's professional judgment.
SECTION 6.
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.
SECTION 7.
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.
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SECTION 8.
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 9.
INDEMNITY AND LIMITATIOl`Z OF LIABILIT �'
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 ATTORNEY'S 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 10.
COMPLIANCE WITH LAWS
In providing the scope of services outlined herein, the Consultant shall comply with all
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
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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 11.
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 12.
MWBE GOALS
In keeping with the City's Minority/Women Business Enterprise (MWBE) ordinance,
Contractor agrees a minimum of twenty-nine percent (29%) 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 13.
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
document(s), and schedule of payments.
SECTION 14.
PERSONNEL
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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 15.
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 16.
DEFAULT
If Consultant fails to begin work herein provided for within the time specified above, or to
complete such work vJ�thm the time specified above, w�tiilr� the flue ri7eariing 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 bylaw.
SECTION 17.
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
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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 18.
INSURANCE
Consultant shall maintain at its own expense the following insurance:
1. Commercial General Liability (CGL)
$1,000,OOOeachoccurrence
$2,000,OOOaggregate limit
2. Workers' Compensation
Statutory limits
Employer's liability
$100,000 each accident/occurrence
$100,000 Disease -each employee
$500,000 Disease -policy limit
?. 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,OOOper 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.
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 a 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.
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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 19.
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.
SECTION 20.
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 21.
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agreements between the parties, and may only be modified in writing signed by both parties.
SECTION 22.
NOTICES
All written notices to the respective parties shall be sent by registered mail and be addressed as
follows:
CITY OF FORT WORTH
In Fernando Costa
Assistant City Manager
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
CONSULTANT
Mr. Randall G. McIntyre, P.E.
Senior Associate
Red Oak Consulting
777 Main Street, Ste. 1250
Fort Worth, Texas 76102
SECTION 23.
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 24.
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 25.
PROHIBITION OF ASSIGNMENT
Neither party hereto shall assign, sublet or transfer its interest herein without the 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.
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Signature Page for Red Oak Contract
EXECUTED on this, the � day of � , 2008.
Red Oak Consulting,
a division of Malcolm Pirnie, Inc.,
tit � �.� I� --�.
BY iC�-�c��.11
ITS S Y- . ��5 �' c. � C. �-�. 1
Date
�.���// Lip/�
Witness
City of Fort Worth, Texas:
Fernando Costa
Assist t CC,,��ty Manager
/O� /08
Date
Approval Recommended
�� / i�
���
Frank Crumb, P.E., Director
Fort Worth Water Department
APPROVED AS TO FORM AND
LEGALITY:
hrista .Reynolds
Assistant City Attorney
ATTEST:
Marty
City Secretary
C-�3o51�
Contract Authorization
°�)��lo�
Date
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Exhibit A
Consultant's Response to RFP
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CITY OF FORT WORTH
Water and Wastewater Impact Fee Update
Scope of Services
For Review Purposes
BASIC SERVICES
Task 1 —Project Orientation
Task l . l
Red Oak will facilitate a Project Orientation Workshop (workshop 1 of 4) with the Citizen
Advisory Committee (CAC) to present the project approach, scope, and proposed schedule.
Task 1.2
Red Oak will confirm study objectives and Water Department staff expectations, review
information received prior to the meeting, and identify additional information needed to
complete the Water and Wastewater Impact Fee update, including updating Land Use
Assumptions, the Capital Improvements Plan, and the Impact Fee schedules.
Task 1.3
Red Oak will review the historic impact fee calculation approach (e.g., retail and wholesale) and
approach for calculating the credit required by Chapter 395.
Task 1.4
Red Oak will review the adequacy/effectiveness of current fees in achieving desired goals — cash
flow concerns, pay-as-you-go versus debt funding, percent recovery of the maximum impact fees
calculated.
Task 1.5
Red Oak will evaluate the current structure for the Tradition Municipal Utility Districts and
prepare a guideline for future calculation of other Municipal Utility Districts specific impact
fees.
Task 1.6
Red Oak will prepare a technical memorandum evaluating the current fee schedule.
Task 2 —Compilation of Land Use Assumptions
Task 2.1
Red Oak will coordinate with Freese &Nichols (wastewater master plan consultant) to define the
service area where impact fees can be charged by the Water Department —city limits, CCN, or
other, determine whether the City may or should charge impact fees in areas that have
established business and residences when they are annexed, and provide a letter report
supporting conclusions.
Prepared by Red Oak Consulting 7/17/2008
as 2.2
Red Oak will obtain state and local population growth forecasts from the U.S. Census Bureau
and the North Central Texas Council of Governments (NCTCOG) and determine best method to
develop the City's growth projections.
Task 2.3
Red Oak will develop and refine 10-year (2018) and 20-year (2028) growth projections and land
use assumptions suitable for use in study. Land use assumptions, according to Chapter 395 of
the Local Government Code, include a description of the service area and projections of changes
in land uses, densities, intensities, and population in the service area over a 10-year period.
Task 2.4
Red Oak will conduct a Land Use Assumptions Workshop (workshop 1 of 3) with Water
Department staff.
Task 2.5
Red Oak will prepare technical memorandum on Land Use Assumptions.
Task 3 —Capital Improvements Plan
Task 3.1
Red Oak will review the Capital Improvements Plan (CIP) projects that are payable by impact
fees according to Chapter 395.012, and confirm that impact fees are not funding the following:
• Construction or expansion of facilities not identified in the CIP;
• Repair, operation, or maintenance of existing, new, or expanded capital improvements;
• Upgrading, updating, expanding, or replacing existing capital improvements to serve
existing development to meet stricter regulatory requirements;
• Upgrading, updating, expanding, or replacing existing capital improvements to provide
better service to existing development; and
• Administrative or operating costs of the City.
Task 3.2
Red Oak will review consistency of the major CIP projects with the current Water and
Wastewater Master Plans, Facilities Plan, and Wastewater Conveyance and Treatment
Evaluation Study and understand how any new information from the concurrent Wastewater
Sewer Master Plan Study may impact the CIP.
Task 3.3
Red Oak will determine which Capital Improvement Plan investments not previously included in
impact fee calculations can be recovered in the current update, modify the impact fee calculation
model to incorporate these investments, and provide a letter report supporting the conclusions
and presenting the effect these changes will have on the impact fees developed in the Basic
Services.
Prepared by Red Oak Consulting 7/17/2008
Task 3.4
Red Oak will evaluate Trinity River Authority (TRA) Denton Creek Service Area to include
potential Wastewater CIP projects. We will review the City's contract with TRA to determine
capital costs eligible for inclusion in the impact fee calculations.
Task 3.5
Red Oak will hold CIP Workshop (workshop 2 of 3) with Water Department staff to review
questions and confirm understanding of eligible capital improvements costs.
Task 3.6
Red Oak will prepare technical memorandum on the eligible capital improvements costs for
water and wastewater.
Task 3.7
Red Oak will draft capital improvements plan, consistent with Chapter 395.014, and prepared by
a qualified professional engineer licensed in Texas. The capital improvements plan will be
submitted in the final report and will enumerate the following:
• A description of the existing capital improvements within the service area and the costs to
upgrade, update, improve, expand, or replace the improvements to meet existing needs
and usage and stricter safety, efficiency, environmental, or regulatory standards;
• An analysis of the total capacity, the level of current usage, and commitment for usage of
capacity of the existing capital improvements;
• A description of all or the parts of the capital improvements or facility expansions and
their costs necessitated by and attributable to new development in the service area based
on the approved land use assumptions;
• A definitive table establishing the specific level or quantity of use, consumption,
generation, or discharge of a service unit for each category of capital improvements or
facility expansions and an equivalency or conversion table establishing the ration of a
service unit to various types of land uses, including residential, commercial, and
industrial;
• The total number of projected service units necessitated by and attributable to new
development within the service area based on the approved land use assumptions and
calculated in accordance with generally accepted engineering or planning criteria;
• The projected demand for capital improvements or facility expansions required by new
service units projected over a reasonable period of time, not to exceed 10 years.
Prepared by Red Oak Consulting 7/17/2008
Task 4 — Identify Capacity Criteria
as 4.1
Red Oak will review existing City plans, reports and studies including:
• Water and Wastewater Master Plans,
• Facilities Plans,
• Customer District Service Plans and Commitments,
• Wastewater Conveyance and Treatment Evaluation Study, and
• Semi -Annual Water and Wastewater Impact Fee Reports.
Task 4.2
Red Oak will compile existing information regarding capacity criteria for water and wastewater
facilities over the study period.
Task 4.3
Red Oak will send out surveys to the wholesale customers to determine their projected future
water demand and compile the responses for inclusion in the final study report. If necessary,
Red Oak will contact any wholesale customers that are nonresponsive to the survey to obtain the
requested information.
Task 4.4
Red Oak will prepare technical memorandum of capacity criteria.
Task 5 —Develop Service Units and Calculate Impact Fees
Task 5.1
Red Oak will review current approach for developing service units, i.e., based on the number of
equivalent meters over the study period for both the City and its wholesale customers.
Task 5.2
Red Oak will develop service units using the agreed upon methodology.
Task 5.3
Red Oak will calculate the maximum fee allowable under Local Government Code, Chapter
395.014(7) that requires a plan for awarding:
• A credit for the portion of ad valorem tax and utility service revenues generated by new
service units during the program period that is used for the payment of improvements,
including the payment of debt, that are included in the capital improvements plan; or
• In the alternative, a credit equal to 50 percent of the total projected cost of implementing
the capital improvements plan.
Prepared by Red Oak Consulting 7/17/2008
Task 5.4
Red Oak will determine eligible waivers and develop clear guidelines for waiving impact fees for
those eligible customers.
Task 5.5
Red Oak, with its subcontractor Susan Zachos, J.D., will review the proposed impact fees for
compliance with Chapter 395 of the Local Government Code and all other relevant legislation.
Task 5.6
Red Oak will conduct a Draft Impact Fee Workshop (workshop 3 of 3) with Water Department
staff to review capacity criteria, service units, and proposed impact fees.
Task 5.7
Red Oak will prepare draft Impact Fee Ordinances for review by the City.
Task 6 —Conduct Public Information Program
Task 6.1
Red Oak, with its subcontractor Ware &Associates, will conduct a public information program
including media relations, news releases, public notice advertisements, newsletters, and general
public relations. This campaign will be in compliance with and support of the procedures for
adoption of impact fees in Chapter 395 of the Local Government Code. At a minimum, this task
will include:
• Preparation and publication of up to two (2) notices of public hearings on land use
assumptions, capital improvements plan, and proposed impact fees. Required notices per
Chapter 395 requirements will be published in the official newspaper for the counties of
Tarrant, Denton, Wise, Parker, and Johnson. Advertisement costs are based on the
following quotes obtained from regional newspapers and are subject to change:
■ Azle News $ 224 per day (Azle and Springtown)
■ Cleburne Times -Review $ 331 per day
■ Community News $ 205 per day (Aledo)
® Denton Record Chronicle $ 1,150 per day (M, T, Th, F)
■ Fort Worth Star Telegram $ 3,749 per day (M — Th)
Mineral Wells Daily Index $ 315 per day
■ Weatherford Democrat $ 323 per day
■ Wise County Messenger $ 221 per day
• Preparation and distribution of up to three (3) newsletters detailing impact fee update
process. Fort Worth will provide a distribution list with up to 100 addresses to receive
the newsletters.
Prepared by Red Oak Consulting 7/17/2008
Task 6.2
Red Oak will assist with the preparation of presentation materials and participate in meetings
throughout the Public Information Program. These would include meetings with the following:
• Fort Worth Citizen Advisory Committee on Impact Fees (up to 3 meetings),
• Wholesale Water and Wastewater Advisory Committees and Sub -Committees on impact
fees (up to 4 meetings),
• Fort Worth Infrastructure Technical Committee (1 meeting),
• Fort Worth Development Advisory Committee (1 meeting),
• Public Hearings (up to 2 meetings).
Task 6.3
Red Oak will support Staff in obtaining the Advisory Committee's comments on the proposed
,and Use Assumptions and Capital Improvements Plan and also on the resulting impact fees.
Written comments from the Advisory Committee must be filed before the fifth business day
before each of the public hearings on the Land Use Assumptions/Capital Improvements plan and
the impact fees.
Task 6.4
Red Oak will support Staff in reviewing and responding to comments from the public and the
Advisory Committee, and coordinate with Staff in any adjustments to the Impact Fee Study
based on the public information program.
Task 7 —Prepare Draft and Final Reports
Task 7.1
Red Oak will prepare draft report that documents the analyses, recommendations, assumptions,
and considerations of the Impact Fee Study.
Task 7.2
Red Oak will modify draft report to reflect any comments received from Water Department staff
within 10 days of submittal of draft report.
Task 7.3
Red Oak will submit final report electronically within 10 days after receiving comments from the
City.
Prepared by Red Oak Consulting 7/17/2008
SPECIAL SERVICES
Red Oak will provide Special Services as requested and authorized by Fort Worth Water
Department. The following list are tasks identified that may be requested by Fort Worth Water
Department in support of the Water and Wastewater Impact Fee Update.
Task 8 —Assessment of Wholesale Impact Fee Collections
Red Oak will assess the City's wholesale impact fee collection procedure by:
• Evaluating the City's current method of assessing and collecting wholesale impact fees,
• Determining and reporting when the fees are collected from developers, builders, and
property owners and the timing of when the funds are remitted to the City,
• Compare the wholesale impact fee collection policy with the retail impact fee collection
policy,
• Review the wholesale impact fee collection policy for compliance with Texas Local
Government Code 395.016, and
• Provide a letter report stating the task findings and recommendations developed from
those findings.
Task 9 —Modification of Impact Fee Calculation
Red Oak will modify the impact fee calculation model to evaluate the implications of including
interest charges in the impact fee calculation and prepare a letter report of the evaluation findings
and recommendations.
Task 10 —Model Development
Red Oak will develop a modeUExcel spreadsheet to calculate the maximum collected impact fee
available to be used for annual debt service payments (impact fee debt service). The following
data will be supplied by the City:
• Hard copy of previous spreadsheet for format,
• Debt service schedules —future payments (amortization schedules),
• Schedule of past payments of debt service from impact fees, and
• Copies of all previous impact fee studies to obtain correct growth percentages for CIP.
Task 11—Review Impact Fee Reporting Procedures
Red Oak will review current procedures of reporting impact fees collected and, if necessary,
recommend methods of improving the process. This includes reviewing the method of data
collection and reporting of components such as name and address of payee, amount of collection
relating to size of meter, customer class, and service. Red Oak will prepare a letter report of the
evaluation findings and recommendations. This review will not include an audit of the accuracy
Prepared by Red Oak Consulting 7/17/2008
of the data being collected. The following will be supplied by the City:
• Ability to interview appropriate personnel —
• Staff responsible for collecting and recording impact fee payments,
• Staff responsible for preparing quarterly impact fee report;
• Samples of reports/lists/information used when recording initial payment of impact fees;
and
• Copies of quarterly impact fee reports.
Task 12 —Special Assessment Developer Agreements
Red Oak will study the appropriateness of special assessment developer agreements in
developments such as Walsh Ranch, Bond Ranch, and Sendera Ranch and provide a letter report
discussing the advantages and disadvantages of these agreements and presenting alternatives, if
any.
Task 13 —Water Supply Facilities and Administration Cost Centers
Red Oak will investigate the inclusion of two cost centers not previously included in the water
and/or wastewater impact fee calculations:
• Water supply facilities (TRWD) in the capital improvements plan; and
• Internal costs of administering impact fees, including time spent in researching records
for meter set dates, three-year update studies, cost accounting, and special reports.
Red Oak will modify the impact fee calculation model to incorporate these costs and provide a
letter report supporting the investigation findings and presenting the effect these changes will
have on the impact fees developed in Basic Services.
Prepared by Red Oak Consulting 7/17/2008
ID
Task Name
Duration
Start
Finish
I August'I
Se tember
I October
November
I
December
7/27 813
8/16
8/17
8/24
8/31
9/7
9/14
9/21
9128 10/5
10112
10119
10/26
1
11/2
11/9
11/16
11/23
11/30
12/7
1
0
Ft
roq
raR
E3
rq
0
--- _
-�
(
_ _L
-
[IN
rm=4
rm=A
[� i�
i
®
J-
Worth W&WW Impact Fee Update v4
Task 1 - Project Orientation
1.1 Conduct Project Orientation Workshop
1.2 Review data received from City
1.3 Review current impact fee calculation approach
1 A Review adequacy of current impact fees
1.5 Evaluate MUD impact fees
- - p
1.6 Prepare technical memorandum
Task 2 - Compilation of Land Use Assumptions
2.1 Coordinate with F&N to define service area
2.2 Obtain current population growth forecasts
2.3 Develop growth projections and land use assumptions
2.4 Conduct Land Use Assumptions workshop
2.5 Prepare technical memorandum
Task 3 - Capital Improvements Plan
3.1 Review CIP projects and determine eligibility
3.2 Review consistency of CIP with master plans
3.3 Identify additional eligible CIP projects
3.4 Evaluate TRA Denton Creek service area CIP projects
3.5 Conduct CIP workshop
3.6 Prepare technical memorandum
3.7 Prepare draft Capital Improvements Plan
Task 4 - Identify Capacity Criteria
4.1 Review existing plans, reports, and studies
4.2 Compile existing capacity criteria information
4.3 Survey wholesale customers' capacity needs
4.4 Prepare technical memorandum
Task 5 - Develop Service Units and Calculate Impact Fees
5.1 Review current service units development approach
5.2 Develop service units
5.3 Calculate maximum allowable impact fees
5.4 Determine eligible waivers and develop guidelines
5.5 Review proposed impact fees for code compliance
5.6 Conduct Draft Impact Fee Workshop
5.7 Prepare draft Impact Fee Ordinances
Task 6 - Conduct Public Information Program
6.1 Public Information Program Campaign:
6.1.1 Public hearing notice 1
6.1.2 Public hearing notice 2
6.1.3 Impact fee update newsletters (up to 3)
6.2 Public Information Program Meetings:
6.2.1 Citizen Advisory Committee on Impact Fees Meeting 1
6.2.2 Citizen Advisory Committee on Impact Fees Meeting 2
6.2.3 Citizen Advisory Committee on Impact Fees Meeting 3
6.2.4 Wholesale Water and Wastewater Advisory Committee M
6.2.5 Wholesale Water and Wastewater Advisory Committee M
6.2.6 Wholesale Water and Wastewater Advisory Committee M
6.2.7 Wholesale Water and Wastewater Advisory Committee M
6.2.8 Infrastructure Technical Committee Meeting
6.2.9 Development Advisory Committee Meeting
6.2.10 Public Hearing 1
6.2.11 Public Hearing 2
6.2.12 City Council Approval of Land Use Assumptions and CIF
6.2.13 City Council Approval of Impact Fees
6.3 Obtain CAC's written comments and file prior to public heal
6.3.1 Obtain CAC's written comments and file prior to public he
6.4 Review and respond to comments from CAC and public
6.4.1 Review and respond to comments from CAC and public
208 days
19 days
0 days
16 days
16 days
16 days
16 days
3 days.
25 days
5 days
5 days
9 days
0 days
5 days
35 days
5 days
7 days
7 days
5 days
0 days
5 days
5 days
43 days
3 days
3 days
25 days
4 days
47 days
9 days
10 days
10 days
7 days
5 days
0 days
5 days
179 days
137 days
1 day
1 day
137 days
179 days
0 days
0 days
0 days
0 days
0 days
0 days
0 days
0 days
0 days
0 days
0 days
0 days
0 days
103 days
103 days
1 day
1 day
Fri 8/1108
Fri 8/1108
Wed 8120/08
Fri 8/1/08
Fri 8/1/08
Fri 8/1/08
Fri 8/1108
Mon 8/25/08
Thu 914/08,
Thu 9/4/08
Thu 9/11/08
Thu 9/18/08
Wed 1011/08
Thu 10/2/08
Thu 10/9108
Thu 10/9/08
Thu 10/16/08
Mon 10/27/08
Wed 11/5/08
Wed 11/19/08
Thu 11/20/08
Thu 11/20/08
Mon 10/13/08
Fri 11/28/08
Wed 12/3108
Mon 10/13/08
Mon 12/8108
Fri 12/12/08
Fri 12/12/08
Fri 12/26/08
Mon 1/12/09
Mon 1/26/09
Wed 2/4/09
Wed 2/11/09
Thu 2/12/09
Thu 8/21/08
Mon 10/13/08
Mon 1/26/09
Mon 4/13/09
Mon 10/13/08
Thu 8121108
Wed 10/22/08
Wed 12/10/08
Wed 3/4/09
Thu 8/21/08
Thu 10/23/08
Thu 12/11/08
Thu 3/5/09
Tue 12/9/08
Tue 313109
Tue 1/27/09
Tue 4/14/09
Tue 2/17/09
Tue 5/5109
Tue 11/11/08
Tue l l/11/08
Wed 4/8109
Wed 4/8/09
Tue 5/26109
Wed 8127108
Wed 8/20/08
Fri 8/22/08
Fri 8/22/08
Fri 8/22/08
Fri 8/22/08
Wed 8/27/08
Wed 1018/08
Wed 9/10/08
Wed 9117/08
Tue 9/30/08
Wed 10/1/08
Wed 1018/08
Wed 11/26/08
Wed 10/15/08
Fri 10/24/08
Tue 11/4/08
Tue 11/11/08
Wed 11/19/08
Wed 11/26/08
Wed 11/26/08
Thu 12/11/08
Tue 12/2/08
Fri 12/5/08
Fri 11/14/08
Thu 12/11/08
Wed 2/18/09
Wed 12/24/08
Fri 1/9/09
Fri 1/23109
Tue 2/3/09
Tue 2/10/09
Wed 2/11/09
Wed 2/18/09
Tue 5/5/09
Fri 4/24/09
Mon 1/26/09
Mon 4/13109
Fri 4/24/09
Tue 5/5/09
Wed 10/22/08
Wed 12/10/08
Wed 3/4/09
Thu 8/21/08
Thu 10/23/08
Thu 12/11/08
Thu 3/5/09
Tue 12/9/08
Tue 3/3/09
Tue 1/27/09
Tue 4/14/09
Tue 2/17/09
Tue 5/5109
Tue 417109
Tue 4/7/09
Wed 418109
Wed 4/8109
_ --
0
-
- _-
-
® 8/21
-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
07,
AAIAn
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
- -
38
39
40
p 10/23
1
2/
1
/9
41
42
43
44
45
46
47
48
49
50
51
52
53
54
-7777
-
55
56
57
Prepared by Red Oak Consulting
Page 1
Tue 711108
ID Task Name Duration I Start Finish I August I September I October November December
7/27 8/3 8110 8/17 8/24 I 8/31 1 9/7 9/14 9121 9/28 10/5 10/12 10/19 10/26 11/2 1 11/9 11/16 11/23 11/30 12/7
58 Task 7 - Prepare Draft and Final Reports 65 days' Thu 2/19109 Wed 5120109
59 7.1 Prepare draft report 17 days Thu 2/19/09 Fri 3/13/09
60 7.2 Modify draft report per City's comments 4 days Wed 5113/09 Mon 5/18109
61 7.3 Prepare and submit final report 2 days, Tue 5/19/09 Wed 5/20/09
62 Task 8 - Assessment of Wholesale Impact Fee Collections 26 days Fri 11/28/0& Tue 116/09
—------- - - - ----- -- --
63 8.1 Evaluate current method of assessing and collecting impact fee;', 5 days Fri 11/28/08 Thu 12/4/08
64 8.2 Determine timeline of fee collection and remission to City-
6 days Fri 12/5/08 Fri 12/12/08
65 8.3 Compare wholesale and retail impact fee collection policies 3 days Mon 12/15108: Wed 12/17/08
66 8.4 Review wholesale impact fee collection policy for code comphan 3 days Thu 12/18/0& Mon 12/22/08
67
rcl
77
8.5 Prepare technical memorandum 9 days Tue 12/23/08 Tue 1
Task 9 - Modification of Impact Fee Calculation i 19 days Fri 12/12/08Fri 1
9.1 Modification of impact fee calculation 19 days Fri 12/12/08 Fri 1
Task 10 - Model Development 133 days Mon 11/17/08 Tue 5/;
Task 11 -Review Impact Fee Reporting Procedures
11.1 Review impact fee reporting procedures
Task 12 - Special Assessment Developer Agreements
12.1 Special assessment developer agreements
Task 13 - Water Supply Facilities and Admin Cost Centers
13.1 Water supply facilities and administration cost centers
133 days Mon 11/17/O8 Tue 5/26/09
16 days Thu 8128108 Fri 9119/08
16 days Thu 8128/08 Fri 9/19/08
20 days Mon 9/22/08 Fri 10/17/08
20 days Mon 9/22/08 Fri 10/17/08
20 days Mon 10/20/08 Fri 11/14/08
20 days Mon 10/20/08 Fri 11/14/08 E
Prepared by Red Oak Consulting
Page 2
Tue 7/1/OS
ID 1 . ITask Name I Duration
Ft Worth VVURV Impact Fee Update v4 AUG days
1 Task 1 - Project Orientation 19 days
2 1.1 Conduct Project Orientation Workshop 0 days
3 1.2 Review data received from City 16 days
4 A 1.3 Review current impact fee calculation approach 16 days
5
® -- - -
j 1.4 Review adequacy of current impact fees 16 days
6 j 1.5 Evaluate MUD impact fees 16 days
7 ®f 1.6 Prepare technical memorandum 3 days
8 Task 2 - Compilation of Land Use Assumptions 25 days
9 2.1 Coordinate with F&N to define service area 5 days
10 2.2 Obtain current population growth forecasts 5 days
11 2.3 Develop growth projections and land use assumptions I 9 days
13 2.5 Prepare technical memorandum 5 days
14 - Task 3 - Capital Improvements Plan 35 days
15 3.1 Review CIP projects and determine eligibility 5 days
16 3.2 Review consistency of CIP with master plans 7 days
- - - -- -
17 3.3 Identify additional eligible CIP projects 7 days
18 3A Evaluate TRA Denton Creek service area CIP projects 5 days
19 3.5 Conduct CIP workshop 0 days
20 3.6 Prepare technical memorandum 5 days
21 i 3.7 Prepare draft Capital Improvements Plan 5 days
22 i Task 4 - Identify Capacity Criteria 43 days
23 4.1 Review existing plans, reports, and studes 3 days
---� - —
24 4.2 Compile existing capacity criteria information 3 days
25 4.3 Survey wholesale customers' capacity needs 25 days
26 4A Prepare technical memorandum 4 days
27 Task 5 - Develop Service Units and Calculate Impact Fees 47 days
28 5.1 Review current service units development approach 9 days
29 5.2 Develop service units 10 days
30 5.3 Calculate maximum allowable impact fees 10 days''
31 5.4 Determine eligible waivers and develop guidelines 7 days
32 5.5 Review proposed impact fees for code compliance 5 days
_
33 5.6 Conduct Draft Impact Fee Workshop 0 days
-- - -
34 5.7 Prepare draft Impact Fee Ordinances 5 days
35 Task 6 - Conduct Public Information Program 179 days
36 6.1 Public Information Program Campaign: 137 days
37 6.1.1 Public hearing notice 1 1 day
38 6.1.2 Public hearing notice 2 1 day
39 0 6.1.3 Impact fee update newsletters (up to 3) 137 days
40 6.2 Public Information Program Meetings: 179 days
41 6.2.1 Citizen Advisory Committee on Impact Fees Meeting 1 0 days
42 6.2.2 Citizen Advisory Committee on Impact Fees Meeting 2 0 days
43 6.2.3 Citizen Advisory Committee on Impact Fees Meeting 3 0 days
44 6.2.4 Wholesale Water and Wastewater Advisory Committee M 0 days
45 6.2.5 Wholesale Water and Wastewater Advisory Committee M 0 days
46 6.2.6 Wholesale Water and Wastewater Advisory Committee M 0 days Kill47 6.2.7 Wholesale Water and Wastewater Advisory Committee IV 0 days
48 6.2.8 Infrastructure Technical Committee Meeting 0 days!
49 6.2.9 Development Advisory Committee Meeting 0 days
-- - --
50 6.2.10 Public Hearing 1 0 days
----
51 -4 6.2.11 Public Hearing 2 0 days
52 6.2.12 City Council Approval of Land Use Assumptions and CIF 0 days
53 6.2.13 City Council Approval of Impact Fees 0 days
54 6.3 Obtain CAC's written comments and file prior to public hear 103 days
55 6.3.1 Obtain CAC's written comments and file prior to public he 103 days
56 6.4 Review and respond to comments from CAC and public 1 day
57 6.4.1 Review and respond to comments from CAC and public 1 day
/10
IfE:3
2/1
R7
5/5
Prepared by Red Oak Consulting Page 3 Tue 7/1/08
Work Task
No.
Description
P-
Labor
Subconsultants
Expenses
TOTALSi
Gallagher
PM
Ivey
DPM
McIntyre
CM
Giardina
QC
Bricmont
(Ill
Burnett
(M2)
Demko
(M2)
Admin
(A5)
TOTAL
HOURS
TOTAL
LABOR
Ware &
Associates
Susan
Zachos, JD
TOTAL
SUBS
Travel
Expenses
Other
Expenses
TOTAL
EXPENSES
1
Project Orientation
15
28
0
1
20
4
24
0
92
$14,764
$0
$8,993
$8,993
$860
$498
$1,358
$25,114
2
Compilation of Land Use Assumptions
13
38
4
0
4
0
24
0
83
$12,685
$0
$1,733
$1,733
$0
$566
$566
$149984
3
Capital Improvements Plan
16
70
13
1
20
0
28
0
148
$23,785
$0
$5,775
$5,775
$0
$766
$766
$30,326
4
Identify Capacity Criteria
7
18
0
1
2
8
24
0
60
$8,224
$0
$990
$990
$0
$456
$456
$9,670
5
Develop Service Units and Calculate Impact Fees
14
32
0
1
14
20
40
0
121
$177199
$0
$3,465
$3,465
$0
$637
$637
$21,301
6
Conduct Public Information Program
60
110
0
0
0
0
0
38
208
$34,905
$22,000
$7,673
$29,673
$5,740
$16,595
$22,362
$86,940
7
Prepare Draft and Final Reports
8
22
0
8
12
4
32
20
106
$15,635
$0
$743
$743
$860
$621
$1,481
$17,858
8
Assessment of Wholesale Impact Fee Collections
5
18
0
1
0
0
20
0
44
$6,021
$0
$0
$0
$0
$267
$267
$6,288
9
Modification of Impact Fee Calculation
4
6
1
8
4
16
39
$5,753
$0
$187
$187
$5,940
10
Model Development
4
10
1
8
12
32
67
$82738
$0
$322
$322
$9,060
11
Review Impact Fee Reporting Procedures
8
10
1
12
4
16
51
$8,141
$0
$301
$301
$8,442
12
Special Assesment Developer Agreements
8
10
1
8
16
43
$6,923
$7,425
$7,425
$206
$206
$14,555
13
Water Supply Facilities and Administration Cost Centers
8
6
1
8
8
24
55
$8,058
$0
$264
$264
$8,322
SERVICES TOTAL`
170
378
17
18
116
64
296
58
13117
$170,832
$222000
$36,795
$58,795
$7,460
$213686
$29,173
$258,860
7/17/2008 1 ^
Page 1 of
• • i'
• • • • . •
DATE: Tuesday, September 16, 2008
LOG NAME: 601MPACT FEE
SUBJECT:
Authorize Execution of an Engineering Agreement with Red
Pirnie, Inc., to Update the Citywide Water and Wastewater
Exceed $258,800.00 and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
Oak Consulting, a Division of Malcolm
Impact Fee Report for a Fee Not to
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$129,400.00 in the Water Capital Projects Fund and $129,400.00 in the Sewer Capital Projects Fund;
2. Authorize the transfer of $129,400.00 from the Water Capital Projects Fund and $129,400.00 from the
Sewer Capital Projects Fund;
3. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations in the Water and Sewer Operating Fund in the amount of $258,800.00; and
4. Authorize the City Manager to execute an engineering agreement with Red Oak Consulting, a division of
Malcolm Pirnie, Inc., in an amount not to exceed $258,800.00 for updating the Water and Wastewater Land
Use Assumptions and Capital Improvements Plan City-wide for the purpose of revising the impact fee
ordinance.
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.
On June 6, 1990, the Fort Worth City Council adopted Ordinance No. 10601, which was subsequently
amended and replaced by Ordinance No. 10871 on July 2, 1991, implementing water and wastewater
impact fees. The State law further requires that the City update the Land Use Assumptions and Capital
Improvements Plan at least every five years, commencing from the date of the adoption of the Capital
Improvements Plan. On May 18, 2004, the City Council approved Ordinance No. 15982, effective June 6,
2004, which updated Land Use Assumptions and the Water and Wastewater Capital Improvements Plan
and provided for collection of 35 percent of the maximum assessable water and wastewater impact fees per
service unit. On October 11, 2005, the City Council adopted Ordinance No. 16648-10-2005 increasing the
collection rate for water and wastewater impact fees from 35 percent to 50 percent over athree-year period
beginning January 10, 2006.
To comply with State law, Fort Worth Wate.
customer representatives have undergone ar
consultant for the updating of Fort Worth's W
qualified consultants, Water Department st
recommended Red Oak Consulting, a division
Department staff and wholesale water and wastewater
extensive proposal and selection process to select the
Ater and Wastewater Impact Fee studies. After evaluating
ff and the wholesale customer representatives have
of Malcolm Pirnie, Inc., to conduct the Impact Fee Study
ttp://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 9/30/200 r
Page 2 of
Update Report.
Principal elements of the proposed study will include:
• 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 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;
• Ramifications of including or excluding water and wastewater pipe and service values in the Impact fee
calculation;
• Recovery of City costs in certain developments;
• The need for and efficiency of an Impact Fee differential between inside City and outside City retail
service; and
• Evaluation of an Impact Fee differential between wholesale and retail customers.
Red Oak Consulting, a division of Malcolm Pirnie, Inc., is in compliance with the City's M/WBE Ordinance
by committing to 29 percent M/WBE participation. The City's goal on this project is 20 percent.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval and adoption of the attached supplemental appropriation
ordinance, funds will be available in the current capital budgets, as appropriated, of the Water and Sewer
Fund.
TO Fund/Account/Centers
PW53 538040 060530200040
$64, 700.00
PW53 538040 060530200050
$64, 700.00
PS58 538040 070580200040
$64, 700.00
PS58 538040 070580200050
$64, 700.00
2&3) PE45 472053 0601000 $129,400.00
2&3�PE45 472058 0701000 $129,400.00
2&3) PE45 531200 0601000 $129,400.00
2&3) PE45 531200 0701000 $129,400.00
Submitted for City Manager's Office b�
Originating Department Head:
FROM Fund/Account/Centers
PW53 538040 060530200040
$64,700.00
PW53 538040 060530200050
$64, 700.00
PS58 538040 070580200040
$64, 700.00
PS58 538040 070580200050
$64, 700.00
4) PE45 531200 0601000 $129,400.00
4) PE45 531200 0701000 $129,400.00
Fernando Costa (8476)
S. Frank Crumb (8207)
ttp://apps.cfwnet.org/council�acket/Reports/mc�rint.asp
9/30/200