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HomeMy WebLinkAboutResolution No. 05-17 RESOLUTION NO. 05-D 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 DRAINAGE IMP ACT 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 DRAINAGE IMP ACT FEE STUDY; and WHEREAS, the City has detennined 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 tenns and conditions provided therein. WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum not to exceed $41,000.00 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. ~ ~~~ ^(!;S , ·w UJ~ 'yofTheColony, Texas . stie Wilson, City Secretary [CITY SEAL] AP~OFr: ber! E. Ha~meY l.b 1V\ · 63918 THE CITY OF THE COLONY INDIVIDUAL PROJECT ORDER NUMBER 1015 WITH KIMLEY -HORN AND ASSOCIATES. INC. PREAMBLE Describing a specific agreement between KIMLEY -HORN AND ASSOCIATES, INC. (hereinafter, "the Consultant"), and The City of The Colony, Texas (hereinafter "the Client") 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 Drainage Impact Fee Ordinance for the Office Creek watershed in accordance with Chapter 395 of the Texas Local Gov~mment Code. SECTION 2 General Category of Services: Calculation of Maximum Assessable Drainage Impact Fee in Accordance with Chapter 395 of the Texas Local Government Code, which includes the following components: · Determination of to-Year Land Use Assumptions (2004-2014) · Development of a Capital Improvements Plan for Impact Fees · Calculation of the Maximum Assessable Impact Fee · Preparation of an updated Drainage Impact Fee Report SECTION 3 Specific Scope of Basic Services: Kimley-Horn and Associates, Inc. will perform the following basic scope of services under this IPO. Task 1- Proiect Coordination and Mana2ement 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 fuvoicing Documents · Prepare and e-mail weekly progress reports to the project team INDIVIDUAL PROJECf ORDER NUMBER 1015 WITH PAGE 1 OF8 KIMLEY-HORN AND ASSOCIATES, INC. G:'ClVlLWO-PRONp-2005IJPO IOI5.,w., 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. Comprehensive Master Plans - The City shall identify and provide the City's most recent comprehensive master plans. c. Previous Impact Fee Reports - The City shall provide KHA any previous drainage impact fee reports. d. Maps - The City shall provide KHA with GIS shapefiles, associated databases, and layer files in ESRI ArcGIS B.x format. Data should include: 1. Current Zoning Map ii. Future Land Use Plan iii. 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 in December 2004) will be utilized in development of the land use assumptions for the Drainage Impact Fee service area. B. Service Area Boundary 1. Based on our previous analysis of the area, we anticipate that the service area of the impact fee will be established as the Office Creek watershed, as defined by the Office Creek Master Drainage Plan and the current drainage impact fee ordinance. C. Existing Land Use Assumptions 1. KHA will rely upon the existing land use assumptions contained within the Roadway Impact Fee Update Report, dated December 2004, as prepared by Kimley-Horn and Associates, Inc. KHA will update the existing land use information (based on development that has occurred since the publication of the report) in a tabular format suitable for use in this Drainage Impact Fee Update. D. Build-Out Land Use Assumptions 1. KHA will rely upon the Build-Out land use assumptions contained within the Roadway Impact Fee Update Report, dated December 2004, as prepared by Kimley-Hom and Associates, Inc. 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 Drainage Impact Fee Update. INDIVIDUAL PROJECT ORDER NUMBER 1015 WITH PAGE20F8 KIMLEY-HORN AND ASSOCIATES, INC. G:'ClVlLWO-PRONp-2()(J5IIPO lQI5.dix: E. Ten-Year Land Use Assumptions (2004-2014) l. 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 the service area. KHA will summarize the 10- Year assumptions in a tabular format suitable for use in this Drainage Impact Fee Update. F. Land Use Assumptions Documentation 1. KHA will summarize the methodology utilized to update the land use assumptions prepared by Kirnley-Horn and Associates, Inc. in a Land Use Assumptions section within the Office Creek Drainage Impact Fee Report. The land use assumptions will include the following: a. Existing land use data b. 10- Year land use data c. Build-Out land use data d. Summary Exhibits Meetings: a. Prepare for and attend a kick-off meeting with Client to discuss both Land Use Assumptions and the Drainage Impact Fee Calculations. b. Prepare for and attend a review meeting 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 Report. b. Electronic (.pdt) copy of the Draft Land Use Assumptions Report c. Electronic (.pdt) copy of the Final Land Use Assumptions Report Upon fmal approval of the Drainage Impact Fee Update and revised ordinance by the City Council, KHA will provide twenty (20) copies of the Final Drainage Impact Fee Report, which will include the Land Use Assumptions documentation. INDIVIDUAL PROJECf ORDER NUMBER 1015 WIm PAGE30F8 KIMLEY-HORN AND ASSOCIATES, INC. G:'ClVlLWO-PRONp-2005llPO IO/5.doc Task 3 - Drainae:e Impact Fee Update The Consultant will prepare the Drainage 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 drainage data that should be provided to KHA. The data collection is as follows: a. City contacts - City shall provide the organization structure and contact information for the applicable City staff involved with the completion of the Office Creek Master Drainage Plan and the drainage impact fee CIP. b. Summaries of costs of improvements that have been completed within the watershed as part of the current CIP, and Opinions of Probable Construction Cost for improvements that have been designed as part of the current CIP, but have not been constructed. B. to-Year Growth Projections and Capacity Analysis 1. KHA will use the service area boundary established as part of Task 2 (Land Use Assumptions). fu consultation with the City staff, KHA will detennine land use categories to be included in the land use I weighted runoff table. 2. KHA will identify the service units for new development. Using the cUITent City of the Colony Drainage Design Criteria, KHA will develop updated peak runoff rates in relation to the various land uses present in the service area. 3. KHA will perform an analysis of existing conditions. This will include a detennination of culvert and channel capacities, loo-year peak flow rates, existing excess capacity, and existing deficiencies. 4. KHA will project 1oo-year peak flow conditions for the ten-year planning period, the target year for the impact fee growth projections. This will include growth and increased runoff for the service area. KHA will detennine the existing capacity available for the increased runoff. C. Drainage Impact Fee Capital Improvements Plan 1. KHA will assist the City to develop a Drainage Impact Fee Capital Improvements Plan, which will include cost projections for anticipated projects to be included in the CIP. The Drainage Impact Fee Capital Improvements Plan will include existing oversized facilities and proposed facilities designed to serve future development, and will be based on the Capital Improvements Plan included as part of the cUITent Drainage Impact Fee. The Drainage Impact Fee Capital Improvements Plan shall include a general description of the project and a project cost projection. Planning level cost projections for future projects will be prepared based on previous experience with Drainage construction costs. The City shall provide KHA with actual City cost information for previously completed projects with excess capacity and any cost contribution to County or State projects. 2. KHA will analyze the storm drainage in the watershed, and will include improvements to the current Capital Improvements Plan at three locations. These locations are as follows: a. Improvements to the existing culvert at the gas station at the corner of Paige and SH 121 b. Replacement of the existing ditches parallel to Piano Parkway with culverts south of SH 121 c. Improvements to the existing storm drain under Memorial Drive west of Blair Oaks Drive INDIVIDUAL PROJECf ORDER NUMBER 1015 WITH PAGE40F8 KIMLEY-HORN AND ASSOCIATES, INC. G:'CIVlLWO-PRONp-200NPO 1015.ooc 3. KHA will identify the portion of project improvements required to serve existing demand and the portion of project improvements required to serve new development within the to-year planning period. D. Maximum Assessable Drainage Impact Fee Calculation 1. Using the newly developed to-year growth projections, drainage impact fee capital improvements plan, and capacity available for new growth, KHA will determine the cost of drainage improvements within the service area, the maximum costs per service unit, and the resulting assessable drainage impact fees by service area. E. Financial Analysis 1. RW. Beck, Inc. will analyze the City's funding mechanisms for CIP projects that have already been constructed, and will coordinate with the City to determine funding mechanisms proposed to fund new CIP projects. Based on their fmdings, and using the impact fee eligible capital improvement costs and projected service units, RW. Beck will calculate maximum assessable full-cost recovery impact fees for the designated ten-year period for each service unit. RW. Beck will provide forecasted cash flows for the maximum assessable impact fee for the ten-year period based on projected construction lead times and growth in projected service units. F. Impact Fee Documentation 1. KHA will provide both a draft and final Drainage Impact Fee Report. The report will include the following: a. Narrative of Drainage Impact Fee Methodology b. Summary of Impact Fee Calculations c. Drainage Impact Fee CIP Project Map and Listing Meetings: a. Prepare for and attend a kick-off meeting with Client to discuss both Land Use Assumptions and the Drainage Impact Fee Calculations. b. Prepare for and attend a review meeting to discuss the draft Drainage Impact Fee report. All public hearing requirements related to the Update of the Drainage Impact Fees will occur as part of the Public Hearings and Approval task. Deliverables: a. Fifteen (15) copies of the Draft Drainage Impact Fee Report. b. Electronic (.pdt) copy of the Draft Drainage Impact Fee Report c. Electronic (.pdt) copy of the Pinal Drainage Impact Fee Report Upon fmal approval of the Drainage Impact Fee Update and revised ordinance by the City Council, KHA will provide twenty (20) copies of the Final Drainage Impact Fee Report, which will include the Land Use Assumptions Report. INDIVIDUAL PROJECT ORDER NUMBER 1015 WITH PAGE50F8 KIMLEY-HORN AND ASSOCIATES, INC. G:'ClVlLWO-PRONp-2005VPO IOIS.doc :Task 4 - Public Hearin2s and Approval A. Public Hearings and Approval The Consultant will perfonn the following professional services for this project phase: 1. Perform informal survey of other municipalities' drainage impact fees. Compile charts to compare the City's proposed Drainage Impact Fees compared with those of other local municipalities. 2. Prepare for and attend one (1) CIAC public hearing to present the respective Land Use Assumptions, CIP's, and Maximum Assessable hnpact Fees. 3. 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 Drainage Impact Fee CIP and Maximum Assessable Impact Fees. 4. Attend one (1) City Council meeting where it adopts the revised Impact Fee Ordinance and establishes the actual Drainage 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 writing the actual Impact Fee Ordinance. INDIVIDUAL PROJECf ORDER NUMBER 1015 WITH PAGE60F8 KIMLEY-HORN AND ASSOCIATES, INC. G:'ClVlLWO-PROM4>-2005llPO lOl5.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 analysis in addition to that listed above related to the update of the Land Use Assumptions. B. Performing any flow calculations or storm drainage master planning beyond those identified in the scope of services. C. Preparing for or attending any additional meetings not identified within the Scope of Services. D. Furnishing additional copies of review and/or [mal 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 governmental laws. F. The Public Hearing and Approval process could require an additional meeting. If an additional meeting is required we recommend budgeting a reimbursable fee of approximately $1,000 for the labor and expenses associated with preparation for, and attendance at, the meeting. INDIVIDUAL PROJECT ORDER NUMBER 1015 WITH PAGE70F8 KIMLEY-HORN AND ASSOCIATES, INC. G:'ClVlLWO-PRONjJ-200NPO lO15.doc SECTION 5 Special Terms of Compensation: Consultant will perform the tasks described in the Scope of Services for the lump sum fee of $40,000. The lump sum fee includes labor costs and direct expenses identified in this contract, as well as items such as in-house duplicating, blueprinting, 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 duplicating, facsimile, postage, local mileage, telephone, and word processing. 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 $1,000 for the reimbursable Additional Services Task F. Consultant will not perform any Additional Services without prior written approval. ACCEPTED: CLIENT: THE CITY OF THE COLONY, TEXAS KIMLEY -HORN AND ASSOCIATES, INC. A MUNICIPALITY BY: g~ deL BY: í!J,) WJ ,-~4 TITLE: t ~~ '('(VV'-(JJ« a I). Hall, P.E. TITLE: Vice President DATE: \ - d if-ves- DATE: January 20. 2005 WITNF1>S:~~~ WITNESS: TITLE: C"'~ INDIVIDUAL PROJECf ORDER NUMBER 1015 WITH PAGE80F8 KIMLEY-HORN AND ASSOCIATES, INC. G:'ClVlLWO-PRONp-200NPO IOJ5.dqc