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HomeMy WebLinkAboutResolution No. 05-18 RESOLUTION NO. os-lß. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE ENGINEERING SERVICES CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND KIMLEY-HORN & ASSOCIATES FOR CONDUCTING A WATER AND SEWER IMPACT FEE STUDY, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into an agreement such that the Consultant is to provide the following services: CONDUCTING A WATER AND SEWER IMPACT FEE STUDY; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with KIMLEY-HORN & ASSOCIATES, which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum not to exceed $84,000.00 for such work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Engineering Services Contract, which is attached and incorporated hereto as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the City Manager is hereby authorized to execute the Agreement on behalf of the City of The Colony, Texas. Section 2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED, APPROVED and EFFECTIVE this 17 day of January, 2005. \12. ~:a() r;~dw4 too Dillard, Mayor ity of The Colony, Texas Christie Wilson, City Secretary [CITY SEAL] a~torney 63918 THE CITY OF THE COLONY INDIVIDUAL PROJECT ORDER NUMBER 1014 WITH KIMLEY -HORN AND ASSOCIATES, INC. PREAMBLE Describing a specific agreement between KIMLEY -HORN AND ASSOCIATES, INC. (hereinafter, "the Consultant", or "KRA"), and The City of The Colony, Texas (hereinafter "the Client", or "City") in accordance with the terms of the Master Agreement for Continuing Professional Services dated September 9,2002, which is incorporated herein by reference. SECTION 1 Identification of Project: Professional Engineering Services for an update of the current Water and Wastewater Impact Fee Ordinance in accordance with Chapter 395 of the Texas Local Government Code. SECTION 2 General Category of Services: Calculation of Maximum Assessable Water and Wastewater Impact Fees in Accordance with Chapter 395 of the Texas Local Government Code, which includes the following components: · Determination of lO-Year Land Use Assumptions (2004-2014) · Identification of Water CIP for Impact Fees based upon City's Water Master Plan · Identification of Wastewater CIP for Impact Fees based upon City's W astewate~ Master Plan · Calculation of the Maximum Assessable Impact Fees · Preparation of a the Water and Wastewater Impact Fee Report SECTION 3 Specific Scope of Basic Services: Kimley-Hom and Associates, Inc. will perform the following basic scope of services under this IPO. Task 1- Proiect Coordination and Management The Consultant will perform the following scope of services in relation to this task: · Develop Project Coordination and Management Plan · Develop Project Schedule and Interim Milestones · Prepare Project Correspondence and Invoicing Documents · Prepare and e-mail weekly progress reports to the project team INDIVIDUAL PROJECT ORDER NUMBER 1014 WITH PAGE 1 OF8 KIMLEY-HORN AND ASSOCIATES, INC. P:VJ00Q08.024\TIu!Colo"Ý'Ulility Impact Fee UpdatèllPO #IOI4.doc Task 2 - Land Use Assumptions The Consultant will prepare the land use assumptions in conformance with Chapter 395 of the Texas Local Government Code based upon the following scope of services: A. Data Collection 1. The Consultant will deliver a letter to the City describing data that should be provided to KHA. The scope for data collection is as follows: a. City Contacts - The City shall provide the organization structure and contact information for the applicable City staff involved with the land use assumptions. b. Previous Impact Fee Reports - The City shall provide KHA any previous water and wastewater impact fee reports. c. Maps - The City shall provide KHA with GIS shapefiles, associated databases, and layer files in ESRI Arc GIS 8.x format. Data should include: i. Current Zoning Map ii. Future Land Use Plan iii. City Limits and ETJ Map iv. Existing Water and Wastewater Service Area Maps v. Most recent digital orthophotograph (DOQ) of the City 2. The Land Use Assumptions developed as part of the 2004 Roadway Impact Fee Study (completed by KHA) will be utilized in development of the land use assumptions for the water and wastewater services areas. B. Service Area Boundary 1. KHA will meet with the City to review current service area maps for water and wastewater. KHA will verify that the proposed service areas are in accordance with Chapter 395 of the Local Government Code. C. Existing Land Use Assumptions 1. KHA will rely upon the existing land use assumptions contained within the report titled Impact Fee Analysis for Water, Wastewater, and Thoroughfares, dated June 2003, as prepared by Hunter Associates Texas, Ltd. KHA will update the existing land use information (population and employment projections) in a tabular format suitable for use in this Water and Wastewater Impact Fee Update. D. Build-Out Land Use Assumptions 1. KHA will rely upon the Build-Out land use assumptions contained within the report titled Impact Fee Analysis for Water, Wastewater, and Thoroughfares, dated June 2003, as prepared by Hunter Associates Texas, Ltd. Any modifications to these Build-Out projections are not included in this contract and will be considered Additional Services. KHA will summarize the Build-Out assumptions in a tabular format suitable for use in this Water and Wastewater Impact Fee Update. INDIVIDUAL PROJECT ORDER NUMBER 1014 WITH PAGE20F8 KIMLEY -HORN AND ASSOCIATES, INC. P:VJ00Q08.024\TIu!Colfmý\Utility Impact Fee UpdattNPO /fIOI4.doc E. Ten-Year Land Use Assumptions (2004-2014) 1. Chapter 395 states that impact fees may only be used to pay for items included in the capital improvements plan and attributable to new service units projected over a period of time not to exceed ten (10) years. KHA will conduct one (1) meeting with the City to receive the City's projections for expected growth rates for land use for each service area. KHA will review the City's information and develop the demographic table using population by households to develop lO-year population projections and use North American Industry Classification system (NAICS) to develop employment data for each service area. Employment data will be classified as number of square feet of floor area for Basic, Service, and Retail employment. KHA will summarize the lO-Year assumptions in a tabular format suitable for use in this Water and Wastewater Impact Fee Update. F. Land Use Assumptions Documentation 1. KHA will summarize the methodology utilized to update the land use assumptions prepared by Hunter Associates Texas, Ltd. in a Land Use Assumptions section in within the Water and Wastewater Impact Fee Report. The land use assumptions will include the following: a. Historical Population Data b. Existing land use, population, and employment data c. 10- Year land use, population, and employment data d. Build-Out land use, population, and employment data e. Water and Wastewater Service Area maps f. Summary Exhibits Meetings: a. Prepare for and attend a kick-off meeting with Client to discuss both Land Use Assumptions and the Water and Wastewater Impact Fee Calculations. b. Prepare for and attend up to two (2) review meetings to discuss the draft Land Use Assumptions. All public hearing requirements related to the Update of the Land Use Assumptions will occur as part of the Public Hearings and Approval task. Deliverables: a. Fifteen (15) copies of the Draft Land Use Assumptions section of the Final Report. b. Electronic (.pdt) copy of the Draft Land Use Assumptions section of the Final Report. c. Electronic (.pdt) copy of the Final Land Use Assumptions section of the Final Report. Upon final approval of the Water and Wastewater Impact Fee Update and revised ordinance by the City Council, KHA will provide twenty (20) copies of the Final Water and Wastewater Impact Fee Report, which will include the Land Use Assumptions documentation. INDIVIDUAL PROJECT ORDER NUMBER 1014 WITH PAGE30F8 KIMLEY -HORN AND ASSOCIATES, INC. P:VJ00Q08.024\TIu!Coloný\Utüity Impact Fee UpdateVPO IfIOI4.doc Task 3 - Water and Wastewater Impact Fee Update The Consultant will prepare the Water and Wastewater Impact Fee Update in conformance with Chapter 395 of the Texas Local Government Code based upon the following scope of services: A. Data Collection 1. KHA will deliver a letter request to the City describing Water and Wastewater data that should be provided to KHA. The data collection is as follows: a. Comprehensive Master Plans - The City shall identify and provide the City's most recent Water and Wastewater master plans. KHA understands that the Water Master Plan is complete and adopted by the City Council. KHA also understands that the Wastewater Master Plan is underway and the final Master Plan and associated data will be made available to KHA for Impact Fee Study purposes. GIS shape files, databases, and layering information shall be provided if available. 2. The Consultant will deliver a technical memorandum to the City identifying the Water and Wastewater Master Plan and CIP data that shall be provided to KHA. The data provided by the City will be relied upon by KHA. B. 10- Year Growth Projections and Capacity Analysis 1. KHA will use the Water service area boundary and the Wastewater service area boundary established as part of Task 2 (Land Use Assumptions). 2. KHA will identify the service units for new development. 3. KHA will rely upon the analysis of existing conditions provided by the City (data from the Water and Wastewater Master Plans). This will include a documentation of existing facility capacities, existing demand, existing excess capacity, and existing deficiencies. 4. KHA will rely upon demand projections provided by the City (data from the Water and Wastewater Master Plans) for the ten-year planning period, the target year for the impact fee growth projections. This will include growth and new demand by service area. KHA will determine the capacity available for new growth. C. Water and Wastewater Impact Fee Capital Improvements Plans 1. KHA will assist the City to develop a Water and Wastewater Impact Fee Capital Improvements Plans, which will include cost projections for anticipated projects to be included in the Study. The Water and Wastewater Impact Fee Capital Improvements Plans will include existing oversized facilities and proposed facilities designed to serve future development. The Water and Wastewater Impact Fee Capital Improvements Plan shall include a general description of the project and a project cost projection provided by the City. The City shall also provide KHA with actual City cost information for previously completed projects with excess capacity and any utility-related cost contribution to County or State projects. 2. KHA will rely upon data provided by the City that identifies the portion of project improvements required to serve existing demand and the portion of project improvements required to serve new development within the lO-year planning period. INDIVIDUAL PROJECT ORDER NUMBER 1014 WITH PAGE40F8 KIMLEY -HORN AND ASSOCIATES, INC. P:VJ00Q08.024\Th£Colo.ý\Utility Impact Fee UpdatèllPO #1014.doc D. Maximum Assessable Water and Wastewater Impact Fee Calculation 1. Using the lO-year growth projections, water and wastewater impact fee capital improvements plans, and existing capacity available for new growth, KHA will tabulate the cost of the water and wastewater impact fee CIP by service area, the maximum costs per service unit, and the resulting initial maximum assessable water and wastewater impact feèS by service area. Based upon direction from the City, KHA will then incorporate the 50% credit to determine the final maximum assessable impact fee per service unit. 2. KHA will develop maximum assessable water and wastewater impact fees by meter size. E. Impact Fee Documentation 1. KHA will provide both a draft and final Water and Wastewater Impact Fee Report. The report will include the following: a. Narrative of Water and Wastewater Impact Fee Methodology b. Summary of Impact Fee Calculations c. Water and Wastewater Impact Fee CIP Project Maps and Listing Meetings: a. Prepare for and attend a kick-off meeting with Client to discuss both Land Use Assumptions and the Water and Wastewater Impact Fee Calculations. b. Prepare for and attend up to three (3) review meeting to discuss the draft Water and Wastewater Impact Fee report. All public hearing requirements related to the Update of the Water and Wastewater Impact Fees will occur as part of the Public Hearings and Approval task. Deliverables: a. Fifteen (15) copies of the Draft Water and Wastewater Impact Fee Report. b. Electronic (.pdt) copy of the Draft Water and Wastewater Impact Fee Report c. Electronic (. pdt) copy of the Final Water and Wastewater Impact Fee Report Upon final approval of the Water and Wastewater Impact Fee Update and revised ordinance by the City Council, KHA will provide twenty (20) copies of the Final Water and Wastewater Impact Fee Report, which will include the Land Use Assumptions documentation. INDIVIDUAL PROJECT ORDER NUMBER 1014 WITH PAGES OF8 KIMLEY -HORN AND ASSOCIATES, INC. P;VJ00Q08.024\TheCo/Q.ý\Utility Impact Fee UpdateVpo #I014.doc Task 4 . Public Hearings and Approval A. Public Hearings and Approval The Consultant will perform the following professional services for this project phase: 1. Perform informal survey of other municipalities' water and wastewater impact fees. Compile charts to compare the City's proposed Water and Wastewater Impact Fees compared with those of other local municipalities. 2. Prepare for and attend one (1) joint City Council and CIAC workshop to present the fundamentals of water and wastewater impact fees, a summary of the Impact Fee Update methodology, the land use assumptions, and the respective CIPs and maximum assessable impact fees. 3. Prepare for and attend one (1) CIAC public hearing to present the respective Land Use Assumptions, CIP's, and Maximum Assessable Impact Fees. 4. Prepare for and attend one (1) City Council public hearing to present the updated Land Use Assumptions, and the Final Impact Fee Update Report, including the Water and Wastewater Impact Fee CIPs and Maximum Assessable Impact Fees. 5. Attend one (1) City Council meeting where it adopts the revised Impact Fee Ordinance and establishes the actual Water and Wastewater Impact Fees. The consultant will assist in the preparation of the Impact Fee Ordinance in an advisory role only. The City will consult the appropriate legal counsel to assist in preparing the actual Impact Fee Ordinance. INDIVIDUAL PROJECT ORDER NUMBER 1014 WITH PAGE60F8 KIMLEY-HORN AND ASSOCIATES, INC. P:VJ00Q08.024\1heColo.ý\Utility Impil£t Fee UpdateVpo #IOI4.doc SECTION 4 Additional Services Additional services to be performed if authorized by the Client, but which are not included in the above- described Scope of Services, are as follows: A. Performing any study or analysis in addition to that listed above related to the update of the Land Use Assumptions as prepared by Hunter Associates Texas, Ltd. B. Performing any water and wastewater master planning or CIP development. C. Preparing for or attending any additional meetings not identified within the Scope of Services. D. Furnishing additional copies of review and/or final documents in excess of the number of the same identified in the Scope of Services. E. Reanalysis or recalculation to reflect project scope changes or policy changes requested by the City, addressing changes in direction previously approved by the City, or mandated by changes to govemrnentallaws. F. The Public Hearing and Approval process could require additional meetings. If additional meetings are required we recommend budgeting a reimbursable fee of approximately $1,000 per meeting for the labor and expenses associated with preparation for, and attendance of any additional meetings. INDIVIDUAL PROJECT ORDER NUMBER 1014 WITH PAGE70F8 KIMLEY -HORN AND ASSOCIATES, INC. P:VJ00Q08.024\Th£Colony\Utüity Impact Fee UpdatelJPO #IOI4.doc SECTION 5 Special Terms of Compensation: Consultant will perform the tasks described in the Scope of Services for the lump sum fee of $82,000. The lump sum fee includes labor costs and direct expenses identified in this contract, as well as items such as in-house printing, facsimile, local mileage, telephone, postage, and computer expense. Consultant will perform the tasks described in Additional Services on a reimbursable basis at the hourly rates in effect at the time of the service plus 6% to cover certain direct expenses for the project which would include in-house printing, facsimile, postage, local mileage, and telephone. Other direct expenses will be invoiced at cost plus 15%. Technical use of computers for design, analysis, and graphics, etc., will be billed at $25.00 per hour. For your budgeting purposes, we recommend budgeting a fee of approximately $2,000 for the reimbursable Additional Services Task F. Consultant will not perform any Additional Services without prior written approval. ACCEPTED: THE CITY OF THE COLONY, TEXAS KIMLEY-HORN AND ASSOCIATES, INe. A MUNICIPALITY BY: 9~ciL BY: TITLE: 4 tn~/( TITLE: Senior Vice President DATE: / -- yJ, 00-/ DATE: January 7.2005 WITNES WrrnESS, eLL Jn4L Charles M. Staples, P. . TITLE: TITLE: Senior Vice President INDIVIDUAL PROJECT ORDER NUMBER 1014 WITH PAGE80F8 KIMLEY -HORN AND ASSOCIATES, INC. P:VJ00Q08.024\TheColo.ý\Utüity Impact Fee UpdateVPO #lOI4.dac