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HomeMy WebLinkAboutOrdinance No. 03-1507 CITY OF THE COLONY, TEXAS ORDINANCE NO. C0 ~ '~ f~"~) AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH FREESE-NICHOLS~ INC. TO PREPARE A STORM WATER UTILITY FEE ANALYSIS; THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of'the City of The Colony, Texas is hereby authorized to execute on behalf' of the City a contract with Freese-Nichols, Inc. to prepare a Storm Water Utility Fee analysis. The approved form o£contract is attached hereto as Exhibit "A", and made a part hereo£ for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage by the City Council of the City o£The Colony, Texas. DULY PASSED AND APPROVED by the City Council o£the City of The Colony, Texas this 17th day o£November, 2003. APPROVED: )}fihn Dillard, ~ayor - ATTEST: Patti A. Hicks, City Secretary City Attom~ EXHIBIT A SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER This is an exhibit attached to, made a part of and incorporated by reference into the Agre~nent between thc City of the Colony (City) and FNI providing for professional engineering services. TASK 1. STORM WATER UTILITY FEE DEVELOPMENT This study will develop an implementation plan for a storm water utility fee for thc City of The Colony (City), which will establish a dedicated source of funding for maintenance of the existing drainage system, allowable capital improvement projects, and the necessary programs to comply with thc upcoming NPDES Phase II storm water regulations. For this project, we will utilize the services of Government Resource Associates, L.L.C. (GPA) for financial analysis support. The deliverable of this study will be a report that describes the estimated cost of service and policy issues on which the storm water utility fee is based, an updated Master Utility Billing database, a draft of Fee Schedule Ordinance, and a public education program. Data Collection A. Kickoff Meeting - Hold a kickoff meeting with City staff, involving FNI staff and GPA staff, to discuss the approach and schedule, the degree of support presently available from the City, and identify important stakeholders or special interest groups. B. Staff Interviews and Existing Information Review - Schedule and conduct a series of meetings with City staff to collect information related to the current storm water problems and needs in the City. Review previous drainage studies, hydraulic models, and any drainage complaint information provided by the City. C. Define the Storm Water Management Program - As part of the meetings in Task B, work with City staff to define storm water program issues, needs, and priorities. Develop a five-year program strategy for storm water management in the City to address these needs. Include a projection of future staffing needs consistent with the program strategy. Document the vision and goals for the storm water management program as articulated by the City staff. D. Define the Storm Water Utility Service Area - Also included in the meetings in Task B, work with City staffto determine the limits of the storm water utility service area, which can range from the city limits to the extra-territorial jurisdiction. E. Storm Water Utility Policy Issues - Work with City staff to identify and resolve the likely funding, program, and billing issues, including: the estimated costs and levels of service, rate methodologies and rate structures, base billing un/ts and approach, residential category treatments, commercial category treatments, potential secondary funding methods, potential exemptions or credits, billing and collections, appeals procedures, and miscellaneous billing issues. Funding Assessment F. Estimate Storm Water Management Revenue Needs - Based on the storm water management program goals and the current state of the City's drainage system, develop an estimate of the expected utility revenue needs. Develop conceptual costs for storm water management Capital Improvement Projects, and present these costs in a meeting with City ataffto determine which projects to include. Develop costs for administration and program management, operations and maintenance, monitoring and enforcement, planning and engineering, and public education. The costs will be estimated without detailed engineering calculations. Since the City is subject to the NPDES Phase II regulations, include the estimated costs to comply with the Phase 1I requirements. G. Determine ConMbution of Each Property to Drainage System - Using tax database information from the County, the City's utility billing database, and other d~t~ collected from the City staff, create an inventory of each property's impact on the drainage system. Stratify the residential accounts in the utility database, and determine the total number of residential billing units in each residential category. Determine the number of equivalent residential billing units for each large commercial account in the can'rent utility billing database, such as industries, schools, shopping centers, duplexes and apartment complexes. H. Develop Storm Water Management Financial Plan - Based on the estimated storm water management revenue needs from Task F, develop a financial plan that shows the project financing requirements and the funding sources based on three levels of fees. In conjunction with the City's Finance Department, build the related debt schedules. I. Draft Report and Council Presentation - Prepare a draft report summarizing the storm water management program goals and the projected program costs, including the costs to develop and implement the utility. Develop up to three possible sets of rates for the storm water utility fee, based on variations of the storm water management financial plan. Describe the steps required by law to implement the storm water utility fee. Make one presentation of the draft report to the City Council. Utility Fee Implementation I. Develop Draft Fee Schedule Ordinance - Develop a draft Fee Schedule Ordinance that declares the rate at which developed properties in the City will be assessed user fees. Work with the City's legal counsel to revise and finalize the ordinance language. It is the City's responsibility to publish the public notice containing the proposed ordinances. Master Utility Account File Preparation - Based on the City Council's selected set of rates for the storm water utility, ex>ordinate with City utility billing staff to populate a field in the current utility billing database with the appropriate storm water utility fee for each account. L. Council Adoption and Final Report - After the public notice has been published three times, attend one public heating of the ordinances at a meeting of the City Council. The City Council will need to enact each ordinance through its established protocols. Upon receipt of City staff's comments on thc draft report, incorporate the comments to finaliz~ thc report and provide 15 copies of the final report. For this project we will utilize the services of Government Resource Associates, L.L.C., for financial analysis support. GRA will assist us in the following tasks: Attend kickoff meeting with the City staff Attend selected data collection meetings with City staff Reviewthe storm water management revenue projections Develop the storm water management financial plan and debt schedules Prepare three sets of storm water utility fees TASK 2. PUBLIC INVOLVEMENT Appropriate involvement of the public in the process of developing a storm water utility is key to the successful establishment of a storm water utility fee. Public involvement provides the City with an opportunity to identify public interest and receptiveness in thc storm water utility, and it provides the public an opportunity to have input into the direction of the utility. The following public involvement activities will be conducted by FNI for the development of the storm water utility.' A. Develoo and Disffibute Storm Water Utility Fact Sheet - Prepare and mail to the public a fact sheet that provides a brief overview of the storm water utility. The fact sheet will describe the purpose of the storm water utility fcc, demonstrate what the fee will look like, describe what services will be provided, and dasca'ibe how each user fee was calculated. Up to 200 of the utility accounts with the highest projected storm water utility fee will also receive a site-specific explanation of the basis for the fee. The fact sheet will also be provided to the City electronically and in hard copy format to facilitate the opportunity for additional distribution by the City, such as placement on the City's Web site or in public locations. B. Public Meetings - Two informal public meetings will be held to update the citizens, businesses, and other interested parties on thc status of the utility development, receive comments, and answer questions. FNI will develop handout materials and presentation materials, such as poster boards and/or Powerpoint presentations for each meeting. FNI will coordinate with the City to develop and distribute the public notices for each meeting. & Meeting 1: One meeting will be held early in the development process to provide an opportunity for interested parties to learn about the storm water utility, present their drainage issues for consideration in the development of thc cost of service analysis for the utility, and have questions answered regarding the utility answea~d. $ Meeting 2: A follow-up meeting will be held near the conclusion of the development process to provide the public with an overview of the draft storm water utility. The meeting will include a brief overview of the services to be provided by the utility funds, the basis for development of user fees, and the fee rate schedule for properties in the City. An opportunity will be provided for comments and questions regarding the storm water utility from the public. ADDITIONAL SERVICES Additional services will be provided upon request in accordance with the hourly rates on the Attachment SC Schedule of Charges. In the event either party hereto expresses a desire for Additional Services to be performed by FNI, FNI shall promptly notify the City in writing whether such Additional Services will cause an increase in the City's costs or expense. The City and FNI must execute a written change order reflecting such equitable adjustment resulting in an increase in cost to the City prior to FNI commencing such work. In the event FNI commences such work without first obtaining a fully executed change order, it does so at its own risk of payment therefore. Additional Services to be performed by FNI, if authorized in advance in writing by the City, which arc not included in the above described basic services, are described as follows: A. Field surveying required for the preparation of designs and drawings. B. Field layouts or the furnishing of construction line and grade surveys. C. GIS mapping services or assistance with these services. D. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rote schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the City. E. Design, contract modifications, studies or analysis required to comply with local, State, Fedcral or other regulatory agencies that becomc effective after the date of this agreement. F. Visits to the site in excess of the number of trips included in the Scope of Services for periodic site visits, coordination meetings, or contract completion activities. G. Providing basic or additional services on an accelerated time schedule. The scope of this scrvice includes cost for overtime wages of employees and consultants, incfficiencies in work sequence and plotting or reproduction costs directly at~butable to an accelerated timc schedulc directed by the City. H. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. I. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. TIME OF COMPLETION Both parties agree that time is of the esscncc in performance of this Agreement. FNI is authorized to commence work on the Project upon execution of this Agreement and agrces to complete the services in accordance with the following schedule: · Storm Water Utility Fee Draft Report - March 19, 2004, assuming FNI receives notice to proceed from the City by December 1, 2003. The schedule will be adjusted accordingly if notice tn proceed is received after this date. If Services arc delayed due to fault of FNI, then in addition to any other remedies available to The City in this Agreement, The City may direct that the Services be accelerated by means of overtime, additional employees and/or consultants. All costs directly associated with such acceleration shall be reirnbursablc as a cost of Services, but shall not increase the lump sum fee, unless the parties agree otherwise in writing as evidenced by a fully executed written change order. If FNI's Services are delayed through no fault of FNI, FNI shall be entitled to adjust the contract schedule consistent with the number of days of delay. These delays may include, but are not limited to, delays in The City or regulatory reviews, delays on the flow of infomtion to be provided to FNI, governmental approvals, or any other event beyond the control of Thc City or FNI. These delays may re, suit in an adjustment to compensation as outlined in this Agreement and in Attachment CO. FNI agrees to perform its Services in a timely manner. In so doing, FNI agrees to examine all information, studies, reports, sketches, drawings, specifications, proposals, comments, and other documents presented by The City, obtain the advice of an attorney, insurance counselor and other consultants ns FNI deems appropriate for such examination and render in writing decisions, if any, pertaining thereto and proposed change orders within a reasonable time so as not to delay The City or the Services of FNI. Notwithstanding anything in this Agreement to the contrary, the Time of Completion of the Project can only be changed by a written amendment signed by both parties. Any claim for extension of the Time for Completion shall be based upon written notice from the party making the claim to thc other promptly, but in no event later than three (3) days, after the occurrence of the event giving rise to the claim. RESPONSIBILITIES OF THE CITY The City shall perform the following in a timely manner so as not to delay the services of FNI: A. Provide mapping information necessary to develop storm water utility fee rates for residential and commercial units. This information includes Denton Central Appraisal District database files for the City, individual commercial site plans, and other mapping data maintained or available to the City. B. Provide an electronic version of the current water utility database. The database is necessary for associating fees to individual utility accounts and will also serve as the address list for the fact sheet mailer. C. Secure locations for Town Hall meetings, and provide basic meeting necds, such as tables and chairs. D. The individual designated as the City's representative with ms'peet to the services to be rendered under this Agreement is as set forth in Article V hereto. Such person shall have contract authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to FNI's services for the Project. E. Provide ail criteria and full information as to the City's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of ail design and const~edon standards which the City will require to be included in the drawings and specifications. F. Assist FNI by placing at FNI's disposai ail available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. G. Arrange for access to and make ail provisions for FNI to enter upon public and private property as required for FNI to perform services under this Agreement. H. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FN-I, obtain advice of an attorney, insurance counselor and other consultants as the City deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable timc so as not to delay thc services of FNI. I. Furnish approvals and permits from ail governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. The City shail make or arrange to have made ail subsurface investigations, including but not l~m~ted to borings, test pits, soil resistivity surveys, and other subsurfacc explorations. The City shall aiso make or arrange to have made the interpretations o£ data and reports resulting from such investigations. All costs associated with such investigations shall be paid by the City. K. Provide such accounting, independent cost estimating and insurance counseling scrvices as may bc required for the Project, such legal services as the City may require and such auditing set, icc as the City may require to ascertain how or for what purpose any Contractor has used the monies paid under thc construction contract. L. Give prompt written notice to FNI whenever the City observes or otherwisc becomes aware of any development that affects thc scope or timing of FNI's services, or any defect or nonconformance of the work of any Contractor. M. Furnish, or direct in writing FNI to providc, any other services that the City determines are necessary, including but not limited te, Additionai Serviccs as stipulated in this Agreement. N. Bear all costs incident to compliancc with the requirements of this Agreement. DESIGNATED REPRESENTATIVES FNI and The City designate the following representatives, and hereby agree and represent that such individuals shall have contract authority to transmit instructions, receive information, interpret and define their respective party's policies and make necessary decisions with respect to this Agreement. The City's Designated Representative: Name: Gordon Scmggs, City Engineer Address: 6800 Main St. The Colony, TX 75056 Phone: 972-624-3137 Fax: 972-624-2308 E-mail: vscm~s(a~ci.the-colony, tx.us The City's Accounting Representative: Name: Address: Phone: Fax: E-mail: FNI's P~oject Manager: Name: Trev Shanks Address: 4055 International Plaza, Suite 200 Fort Worth, TX 76109 Phone: 817-735-7450 Fax: 817-735-7492 E-mail: ts~freese.com FNI's Accounting Representative: Name: Jana V. Collier Address: 4055 International Plaza, Suite 200 Fort Worth, TX 76109 Phone: 817-735-7354 Fax: 817-735-7496 E-mail: jvc~freese.eom COMPENSATION LUMP SUM WITH ADDrI'IONAL WORK BASED ON COST TIMES MULTIPI,1F, R A. Compensation to FNI for the Basic Services in the Task 1 of the Scope of Services shall be for a lump sum total of Ninety Nine Thousand Eight Hundred Dollars ($99,800.00). The fee for each task is provided below: $ Task 1 (Storm Water Utility Fee Development) $78,100.00 $ Task 2 (Public Involvement) $21,700.00 Project Fee Total $99,800.00 B. Schedule of Charges for Additional Work: StaffMember Salary Cost Times Multiplier of 2.27 Resident Relxescntative Salary Cost Times Multiplier of 2 0 Salary Cost is defined as the cost of salaries (including sick leave, vacation, and holiday l~y applicable thereto) plus un~ployment and payroll taxes and contributions for social security, employment compensation instwanco, retirement benefits, medical and other insurance, and other miscellaneous benefits. Other Direct Ex,°uses Actual Cost Times Multiplier of 1.15 Other direct expenses shall include outside printing and repruduclion expense, co~=unnicafien expense, travel, lranspertstien and subsistence away from Fort Worth and other misca]laneous expenses directly rclated to the work, including costs of laborato~ analysis, test, and other work required to be done by independent persons other than staff members. For CAD services performed In-house by non-17NI employees where 17NI provides workspace and equipment to perform such services, these services will bc billcd at cost times a multiplier of 2.0. This markup approximates the cost to Fl, II if an Fl'II employee was performing the same or similar services. Rates for In-house Services Computer Priniing $10.00 per hour Black and White $0.10 per copy Plotter Color Bond $ 2.50 per plot $0.50 per copy Special $ 5.00 per plot Binding $5.75 per book Testine ADoaratus Density Meter $350.00 per month GasDctection $ 10.00 per tcst 4-29-95