Loading...
HomeMy WebLinkAboutItem 10 - Water and Wastewater Impact FeeMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGERf MEETING DATE: MARCH 19, 2002 SUBJECT: WATER AND WASTEWATER IMPACT FEE UPDATE — ENGINEERING SERVICES CONTRACT RECOMMENDATION: City Council consider approving an Engineering Services Contract with Freese & Nichols, Inc. in an amount of $ 56,000.00 for the preparation of a Water and Wasterwater Impact Fee Update, authorize staff to execute said contract, and take any necessary action. FUNDING: Funds are currently available and programmed as follows: Fundina Source Account Amount Award Percent Water Impact Fees 200-16942-000OW $28,000 $28,000 50% Wastewater Impact Fees 200-17010-000OS $28,000 $28,000 50% TOTAL $56,000 $56,000 100% Budget Engineering TOTAL BACKGROUND: Amount Award Percent $56,000 $56,000 100% $56,000 $56,000 100% The last modifications to the City Water and Wastewater Impact Fees schedule occurred in April, 1998 in conjunction with Land Use Plan and a 10 Year Capital Improvement Plan. Staff feels that a review of the fees at this time will help to insure that we are charging fees that are equitable and appropriate. Currently, state law requires that the City periodically review their fees to insure that they represent true costs for facilities associated with new development. March 14, 2002 (9:19AM) Freese & Nichols has submitted a proposal to review the land uses, prepare a new 10 year capital improvement plan and develop revised water and wastewater fees. The proposed costs are lower than the 1998 fees because of the fact that we have data available relative to land uses, newly constructed facilities and new facilities needed in the next 10 year time frame. Staff recommends approval. JSL/dsm 0:\agenda\31902\I mpactFeeAd men Rev. agm March 14, 2002 (9:19AM) STATE OF TEXAS COUNTY OF TARRANT This AGREEMENT is entered into by the City of Grapevine, Texas, hereinafter called AOWNER@ and Freese and Nichols, Inc., hereinafter called "FNI". In consideration of the AGREEMENTS herein, the parties agree as follows: I. EMPLOYMENT OF FNI: In accordance with the terms of this AGREEMENT: OWNER agrees to employ FNI; FNI agrees to perform professional services in connection with the Project; OWNER agrees to pay to FNI compensation. The Project is described as follows: Update of Grapevine's Water and Wastewater System Impact Fees Il. SCOPE OF SERVICES: FNI shall render professional services in connection with Project as set forth in Attachment SC - Scope of Services and Responsibilities of OWNER which is attached to and made a part of this AGREEMENT. III. COMPENSATION: OWNER agrees to pay FNI for all professional services rendered under this AGREEMENT in accordance with Attachment CO - Compensation which is attached hereto and made a part of this AGREEMENT. FNI shall perform professional services as outlined in the AScope of Services@ for a lump sum fee of $14,800 for Phase 1 and a lump -sum fee of $41,200 for Phase 2. Details concerning the fee are included in Attachment CO. If FNI=s services are delayed or suspended by OWNER, or if FNI=s services are extended for more than 180 days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension and reactivation and the fact that the time for performance under this AGREEMENT has been revised. IV. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set forth as Attachment TC shall govern the relationship between the OWNER and FNI. Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than OWNER and FNI, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and exclusive benefit of OWNER and FNI and not for the benefit of any other party. This AGREEMENT constitutes the entire AGREEMENT between OWNER and FNI and supersedes all prior written or oral understandings. This contract is executed in two counterparts. IN TESTIMONY HEREOF, they have executed this AGREEMENT, the day of ATTEST: CITY OF GRAPEVINE (OWNER) By: ATTEST: FREESE AND NICHOLS, INC. (FNI) LI -A CAWINDOWS\TEMP\Grapevine Contract - Impact Fees.doc OWNER SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER ARTICLE I ATTACHMENT SC FREESE AND NICHOLS RESPONSIBILITIES: FNI shall provide the following professional services when authorized by OWNER: Phase 1 1. Meet with OWNER's staff to review the proposed scope of services and approach to the project, obtain available data, and receive input. The meeting will include discussions of the following: • A detailed review of land use planning maps from the last study, including input on changes to planned land use. • OWNER input on likely development from 2002 through 2012. • OWNER input on current CIP plans based on previous studies by outside consultants and staff knowledge. • Update on projects completed since the last impact fee plan, the actual cost of construction, and the actual date. • Service area for water and wastewater impact fees. • Boundary changes needed for planning areas within the city. • Information on average day and peak day water and wastewater flows for the last 7 years. • Schedule for development of impact fees. • Other input from OWNER's staff. 2. Develop a schedule for development of impact fees and provide it to OWNER's staff. The schedule will " include expected dates for meetings with staff, impact fee advisory committee meetings, draft report development, public hearing on land use assumptions and capital improvement program, and public hearing to set impact fees. 3. Meet with OWNER's planning and water staff and discuss current land use and population and expected land use and population as of 2012 and ultimate development. 4. Revise planning areas for OWNER as needed, including revision based on census tract divisions. Update land use maps from the previous impact fee study. Based on census data and OWNER input, establish population and land use by planning area for existing (2002) conditions, 2012 conditions, and ultimate development conditions. Phase 2 Review water use and wastewater flow factors by comparing population and water use and water and wastewater flows in recent years. Update factors as needed and develop estimated water use and wastewater flows for existing conditions, 2012 conditions, and ultimate development. 2. Use the planned Capital Improvements Program provided by OWNER's staff. Divide costs for planned water and wastewater facilities and existing facilities among pre -2002 development, 2002-2012 development, 2012 -ultimate development, and development outside of the impact fee service area. 3. Meet with Trinity River Authority staff and OWNER's staff to obtain data on the portion of OWNER's FNI CAWINDOWS\TEMP\Grapevine Contract - Impact Fees.doc SC -1 OWNER annual costs for water and wastewater service from TRA that can be allocated to capital improvements needed to serve 2002-2012 growth. 4. Based on projected population and land use, determine the single-family living unit equivalents (SFLUEs) in OWNER'S water and wastewater service area for current (2002) conditions, 2012 conditions, and ultimate development. 5. Determine the amount eligible for water and wastewater impact fees. Include adjustments for the impact of interest on costs and for the amount expected to be contributed to capital costs from water and wastewater rate payments from new development. Meet with OWNER'S staff and legal representatives to determine ad valorem tax support of the utility lines and how to project and credit those costs in impact fee determination. 6. Determine the maximum allowable impact fees for OWNER. Develop a report describing the above analyses and recommending new impact fees for OWNER. 7. Hold up to four meetings with OWNER's impact fee advisory committee. The meetings shall include: • An introductory meeting to review the impact fee setting process and the proposed land use assumptions. • A meeting to review the capital improvements program prior to the public hearing on land use assumptions and capital improvements program. • A meeting to review the maximum allowable impact fees and make recommendations on impact fees prior to the public hearing on impact fees. • One other meeting as needed. Meetings beyond four meeting will be an additional service. Hold up to two meetings with OWNER's staff, in addition to those called for in items 1, 2, 6, and 9 above. Meetings with staff beyond six total meetings (two plus those in 1, 2, 6, and 9 above) will be an additional service. 9. Attend two public hearings with OWNER's City Council, one on land use assumptions and one to set impact fees. Make presentations at the meetings if requested. ARTICLE II ADDITIONAL SERVICES: Any meetings beyond those specifically called for under Phase 1 and Phase 2 above (6 with city staff, 4 with impact fee advisory committee, and 2 with city council) shall be additional services. 2. Any other services not called for under Phase 1 and Phase 2 above shall be additional services. ARTICLE III TIME OF COMPLETION: FNI is authorized to commence work on Phase 1 of the Project upon execution of this AGREEMENT and on Phase 2 on the receipt of written authorization from OWNER. FNI agrees to complete the services in accordance with the following schedule: Phase 1 within 60 days of execution of the contract FNI CAWINDOWS\TEMP\Grapevine Contract - Impact Fees.doc SC -2 OWNER Phase 2 within 180 days of the execution of the contract or 120 days of the receipt of written authorization to proceed with Phase 2 from OWNER, whichever is later. rte ,i , If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent b' with the number of days of delay. These delays may include but are not limited to delays in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and in Attachment CO ARTICLE IV RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of FNI: A. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to FNI's services for the Project. B. Provide the following to Freese and Nichols for this study: • Current, 2012, and ultimate development land use, including location by planning area of 2002-2012 development. • Current, 2012, and ultimate development population, including location by planning area. •Updated information on location, construction date and cost for capital improvements completed since the last impact fee update. • Capital Improvements Program through 2012 for water and wastewater, including estimated cost and expected date for construction of new facilities. • Information on average day and peak day water use for 1995-2001. • Definition of the service area for water and wastewater impact fees. • Current financial information on the water and wastewater enterprise fund. • Timely review of materials provided. • Timely scheduling for meetings with city staff, impact fee advisory committee, and city council. • Any necessary input from the city's legal counsel. C. Provide all criteria and full information as to OWNER's requirements for the Project. D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. F. Provide such accounting, independent cost estimating and insurance counseling services as may be required- for equiredfor the Project, such legal services as OWNER may require or FNI may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. FNI CAWINDOWS\TEMP\Grapevine Contract - Impact Fees.doc SC -3 OWNER G. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services. H. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article II of this AGREEMENT or other services as required. I. Bear all costs incident to compliance with the requirements of this Article IV. ARTICLE V DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives: Owner=s Designated Representative - Name: Stan Laster, P.E. Assistant Director of Public Works, City of Grapevine, P.O. Box 95104, Grapevine, Texas 76051 Phone: 817/410-3136 Fax: 817/410-3003 E-mail: stanl@ci.grapevine.tx.us Owner=s Accounting Representative - Name: Gary Livingston Address: City of Grapevine, P.O. Box 95104, Grapevine, Texas 76051 Phone: Fax: E-mail: FNI=s Project Manager - Name: Tom Gooch, P.E. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109-4895 Phone: 817/735-7314 Fax: 817/735-7491 E-mail: tcg@freese.com FNI=s Accounting Representative - Name: Terri Witcher 4055 International Plaza, Suite 200 Fort Worth, Texas 76109-4895 Phone: 817/735-7339 Fax: 817/735-7491 E-mail: ttw@freese.com CAWINDOWSITEMP\Grapevine Contract - Impact Fees.doc SC -4 FNI OWNER ATTACHMENT CO COMPENSATION ` A. Basic Services: Compensation to FNI for the Basic Services in Attachment SC shall be the lump sum of $14,800 for Phase 1 and the lump sum of $41,200 for Phase 2. If FNI sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. B. Schedule of Charges for Additional Work: Staff Member Salary Cost Times Multiplier of 2.3 Resident Representative Salary Cost Times Multiplier of 2.0 Salary Cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay applicable thereto) plus unemployment and payroll taxes and contributions for social security, employment compensation insurance, retirement benefits, medical and other insurance, and other miscellaneous benefits. Other Direct Expenses Actual Cost Times Multiplier of 1.15 Other direct expenses shall include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For 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. Rates for In-house Services Computer and CAD PC CAD Stations Interpro PC Stations VAX Computer Print Shop $10.00 per connect hour $12.50 per connect hour $ 8.00 per connect hour $20.00 per connect hour Bluelines Offset and Xerox Copies Offset and Xerox Copies GBC Binding (Regular Cover) GBC Binding (Emboss. Cover) Tape Binding (Regular Cover) Tape Binding (Emboss. Cover) 4-29-95 Calcomp Plotter Bond $ 2.00 per plot Color $ 3.50 per plot Vellum $ 4.00 per plot Mylar $10.00 per plot $ 0.07 per square foot $ 0.07 per single side copy $ 0.14 per double side copy $ 2.00 per book $ 4.00 per book $ 1.75 per book $ 3.75 per book FNI CAWINDOWS\TEMP\Grapevine Contract - Impact Fees.docCO-1 OWNER