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Home My WebLink About129-02 RESOLUTION• • • RESOLUTION NO. 129-02 A RESOLUTION APPROVING AMENDMENT #2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH DUNCAN AND ASSOCIATES IN THE AMOUNT OF EIGHT THOUSAND ONE HUNDRED DOLLARS ($8,100.00) TO PREPARE INITIAL AND FINAL DRAFTS OF THE WATER AND WASTEWATER IMPACT FEE ORDINANCES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves Amendment #2 to the Professional Services Agreement with Duncan and Associates in the amount of Eight Thousand One Hundred Dollars ($8,100.00) to prepare initial and final drafts of the water and wastewater impact fee ordinances. A copy of the amendment, marked Exlubit "A" is attached hereto, and made a part hereof. PASSED and APPROVED this 20th day of August, 2002. f �� FArfir£ i OODRUFF, Ci rClerk APPROVED: By 2 3 S NAME OF FILE: CROSS REFERENCE: Resolution No. 129-02 08/20/02 Resolution No. 129-02 08/26/02 Amendment No. 2 to Professional Services Agreement with Duncan and Associates to prepare initial and final drafts of the Water and Wastewater Impact Fee Ordinances 08/13/02 Planning Division Correspondence 08/20/02 Staff Review Form 08/21/02 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk NOTES: s j • • 4s, /29 -oz SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND DUNCAN ASSOCIATES This Second Amendment to Professional Services Agreement is made as of the date it is executed by both parties, by and between the City of Fayetteville, a political subdivision of the State of Arkansas (City) and James Duncan and Associates, Inc., a professional corporation doing business as Duncan Associates located in Austin, Texas (Consultant). WHEREAS, City has engaged Consultant to perform certain services relating to the development of impact fee reports, studies and ordinances. WHEREAS, the scope of services has been divided into two phases, and this amendment covers Phase Two, which addresses the preparation of detailed impact fee studies for facilities selected in Phase One. WHEREAS, the scope of services for Phase Two was previously amended to add Task 2.5: Additional Presentations and to add compensation for that task. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter provided, City and Consultant agree as follows. 1. Professional Services. Consultant shall furnish amended and additional services to City as set forth in Exhibit "A," specifically task 2.6 ordinance draft which is attached hereto and incorporated herein by reference. 2. Compensation and Hourly Rates. For amended and additional services provided by Consultant as described in task 2.6 ordinance draft of Exhibit "A," City shall compensate Consultant based upon the completion of individual tasks and in accordance with the amended fee schedule outlined in Exhibit "C". Payment of each such invoice shall be due to Consultant within thirty (30) days of receipt by City. Payment for completion of task 2.6 ordinance draft shall not exceed $8,100.00. • • • IN WITNESS WHEREOF, City and Consultant have caused this instrument to be signed by their respective duly authorized officers, all on the day and year first above written. ATTEST: JAMES efoonta By: AN AND ASSOCIATES, INC. es B. Duncan, President ate: : 02. CORPORATE SEAL CITY OF FAYETTEVILLE Date: 1.-eo Qi{ 2 Exhibit A AMENDED SCOPE OF SERVICES The project has been divided into two phases. The earlier Phase One: "Policy Directions," reviewed the legal framework, reviewed local data and potential fees, and determined in conjunction with local officials the type of impact fee system that should be developed in the this second phase. This Phase Two will implement the policy directions provided by the City at the conclusion of Phase One. It entails the development of impact fees for water, wastewater and roads, as well as an update and revision of the City's existing park land dedication and fee -in -lieu requirements PHASE TWO: IMPLEMENTATION Task 2.1: Draft Impact Fee Study Facilities to be included in the impact fee study include water transmission, distribution and storage facilities; wastewater collection and treatment plant facilities; arterial and collector roads, including City participation in the cost of state road improvements; and parks. The park component will be limited to updating the City's park land dedication requirements, as well as updating the fees paid in lieu of dedication. The first task will be to prepare a preliminary draft of the impact fee study for staff review. The impact fee study will Include all of the elements mandated by statutory and constitutional requirements. These elements include an inventory of existing capital facilities; the cost of improvements required to remedy any existing service deficiencies; and the cost of improvements required to accommodate increased service demands. The impact fee studies will calculate the cost per service unit to provide new development with the existing or adopted level of service, as well as appropriate revenue credits to ensure that new development is not charged more than its proportionate share of the cost of new facilities. Each study will include a table that establishes the number of service units and amount of facility demand associated with different land use types. Finally, the studies will include, for each of the facility types, a net unit cost schedule that represents the maximum impact fees that could be charged. DELIVERABLES' DRAFT IMPACT FEE STUDIES 3 • • • Task 2.2: Local Review Meeting At least two weeks after delivery of the draft Impact Fee Study, Consultant will schedule a one - day meeting with City staff to present the draft Impact Fee Study and receive staff comments. We will also use this opportunity to meet with developer representatives or a stakeholder advisory committee. DELIVERABLE: LOCAL REVIEW MEETING (1 PERSON -DAY) Task 2.3: Final Impact Fee Study Following the local review meeting, we will prepare the final draft of the impact fee study. The final draft will reflect staff and advisory committee comments on the initial draft. The final draft of the study will be delivered in both original and digital format. It will be accompanied by a spreadsheet in Excel 97 or other format specified by the City that contains all of the impact fee calculations and can be used by staff to easily update the study. DELIVERABLE: FINAL IMPACT FEE STUDY • Task 2.4: Public Participation In addition to the local review meeting in Task 2.2, key members of our team will be available to attend and participate in two additional meetings with City staff, a stakeholders advisory committee, Planning Commission, City Council, or the general public as desired by the City. Joint meetings or multiple meetings held on the same day will count as one meeting. The consultant team will prepare exhibits and handouts suitable for public meetings that illustrate and summarize the results and recommendations of the Phase Two: Implementation portion of the project. The meetings should be scheduled approximately two weeks after delivery of the documents to provide time for local review prior to the meetings. This task is limited to a maximum of two person -days of out-of-town consultant time. Team members will also be available for additional meetings on a time plus expense basis. DELIVERABLE: PUBLIC MEETINGS (Two PERSON -DAYS) 4 1 • Task 2.5: Additional Presentations Consultant shall attend additional meetings as requested by the City compnsing up to five (5) additional person -days. DELIVERABLE: PUBLIC MEETINGS (UP TO FIVE PERSON -DAYS) Task 2.6: Ordinance Draft Consultant shall prepare initial and final drafts of the water and wastewater impact fee ordinance. The draft will be prepared in the standard format used by the City The ordinance will include provisions relating to impact fee assessment, collection, credits, refunds, appeals, study updates and other provisions necessary to ensure due process and conformance with relevant impact fee case law. The final draft of the ordinance will be prepared and delivered to the City following receipt of local comments. The final draft will be provided in both original and digital format. Consultant will attend a public hearing to present the ordinance. DELIVERABLE: STAFF REVIEW DRAFT ORDINANCE FINAL DRAFT OF ORDINANCE ORDINANCE PRESENTATION 5 • • Exhibit C CONSULTANT COMPENSATION The total cost of the professional services described in the accompanying proposal for Phase Two is X25 $61,325. This lump -sum budget includes all direct and indirect expenses incurred by the consultant team in performing the services. The breakdown of project cost by task is presented below. The City will be billed monthly based on percent completion of individual tasks. Additional attendance at meetings under Task 2.5 will be billed only if attendance is requested by the City, at the rate of $1,500 per person -day. Task Task 2.1: Task 2.1a: Task 2.1b: Task 2.1c: Task 2.1d: Draft Impact Fee Study Roads Water Wastewater Park Land Dedication Task 2.1 Subtotal Task 2.2: Task 2.3: Task 2.4: Task 2.5: Task 2.6: Local Review Meeting Final Impact Fee Study Public Participation Additional Presentations (5) Ordinance Draft Total, Phase Two Amount $9,785 $9,025 $9,025 $3,655 $31,490 $1,260 $9,975 $3,000 $7,500 $8,100 $53,225 $61,325 Additional services beyond those specified in the accompanying Scope of Services may be negotiated or billed on a time and expense basis at the hourly rates provided on the Schedule of Professional Fees and Expenses. Extra meetings attended by one professional will be billed on a fixed -fee basis of $1,500 each, which includes all travel expenses. Changes in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor or the City Council in advance of the change in scope, cost, or fees. SCHEDULE OF PROFESSIONAL FEES AND EXPENSES Principal Land Use Attorney Senior Associates Associates Billable Expenses: Overnight Mail Only 6 $125 $150 $95 $75 41111 41111 1 • 45 /.2 9-0.2. SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND DUNCAN ASSOCIATES This Second Amendment to Professional Services Agreement is made as of the date it is executed by both parties, by and between the City of Fayetteville, a political subdivision of the State of Arkansas (City) and James Duncan and Associates, Inc., a professional corporation doing business as Duncan Associates located in Austin, Texas (Consultant). WHEREAS, City has engaged Consultant to perform certain services relating to the development of impact fee reports, studies and ordinances. WHEREAS, the scope of services has been divided into two phases, and this amendment covers Phase Two, which addresses the preparation of detailed impact fee studies for facilities selected in Phase One. WHEREAS, the scope of services for Phase Two was previously amended to add Task 2.5: Additional Presentations and to add compensation for that task. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter provided, City and Consultant agree as follows. 1. Professional Services. Consultant shall furnish amended and additional services to City as set forth in Exhibit "A," specifically task 2.6 ordinance draft which is attached hereto and incorporated herein by reference. 2. Compensation and Hourly Rates. For amended and additional services provided by Consultant as descnbed in task 2 6 ordinance draft of Exhibit "A," City shall compensate Consultant based upon the completion of individual tasks and in accordance with the amended fee schedule outlined in Exhibit "C". Payment of each such invoice shall be due to Consultant within thirty (30) days of receipt by City. Payment for completion of task 2.6 ordinance draft shall not exceed $8,100.00. IN WITNESS WHEREOF, City and Consultant have caused this instrument to be signed by their respective duly authorized officers, all on the day and year first above written. ATTEST: JAMES DUNCAN AND ASSOCIATES, INC. By: James B. Duncan, President Date: CORPORATE SEAL ATTEST: CITY OF FAYETTEVILLE By: Date: • • Exhibit A AMENDED SCOPE OF SERVICES The project has been divided into two phases. The earlier Phase One: "Policy Directions," reviewed the legal framework, reviewed local data and potential fees, and determined in conjunction with local officials the type of impact fee system that should be developed in the this second phase. This Phase Two will implement the policy directions provided by the City at the conclusion of Phase One. It entails the development of impact fees for water, wastewater and roads, as well as an update and revision of the City's existing park land dedication and fee -in -lieu requirements. PHASE TWO: IMPLEMENTATION Task 2.1: Draft Impact Fee Study Facilities to be included in the impact fee study include water transmission, distribution and storage facilities; wastewater collection and treatment plant facilities; arterial and collector roads, including City participation in the cost of state road improvements; and parks. The park component will be limited to updating the City's park land dedication requirements, as well as updating the fees paid in lieu of dedication. The first task will be to prepare a preliminary draft of the impact fee study for staff review. The impact fee study will include all of the elements mandated by statutory and constitutional requirements. These elements include an inventory of existing capital facilities; the cost of improvements required to remedy any existing service deficiencies; and the cost of improvements required to accommodate increased service demands. The impact fee studies will calculate the cost per service unit to provide new development with the existing or adopted level of service, as well as appropriate revenue credits to ensure that new development is not charged more than its proportionate share of the cost of new facilities. Each study will include a table that establishes the number of service units and amount of facility demand associated with different land use types. Finally, the studies will include, for each of the facility types, a net unit cost schedule that represents the maximum impact fees that could be charged. 3 • • DELIVERABLES: DRAFT IMPACT FEE STUDIES Task 2.2: Local Review Meeting At least two weeks after delivery of the draft Impact Fee Study, Consultant will schedule a one - day meeting with City staff to present the draft Impact Fee Study and receive staff comments. We will also use this opportunity to meet with developer representatives or a stakeholder advisory committee. DELIVERABLE: LOCAL REVIEW MEETING (1 PERSON -DAY) Task 2.3: Final Impact Fee Study Following the local review meeting, we will prepare the final draft of the impact fee study. The final draft will reflect staff and advisory committee comments on the initial draft. The final draft of the study will be delivered in both original and digital format. It will be accompanied by a spreadsheet in Excel 97 or other format specified by the City that contains all of the impact fee calculations and can be used by staff to easily update the study. DELIVERABLE: FINAL IMPACT FEE STUDY Task 2.4: Public Participation In addition to the local review meeting in Task 2.2, key members of our team will be available to attend and participate in two additional meetings with City staff, a stakeholders advisory committee, Planning Commission, City Council,. or the general public as desired by the City. Joint meetings or multiple meetings held on the same day will count as one meeting. The consultant team will prepare exhibits and handouts suitable for public meetings that illustrate and summarize the results and recommendations of the Phase Two: Implementation portion of the project. The meetings should be scheduled approximately two weeks after delivery of the documents to provide time for local review prior to the meetings. This task is limited to a maximum of two person -days of out-of-town consultant time. Team members will also be available for additional meetings on a time plus expense basis. DELIVERABLE: PUBLIC MEETINGS (TWO PERSON -DAYS) 4 • Task 2.5: Additional Presentations Consultant shall attend additional meetings as requested by the City comprising up to five (5) additional person -days. DELIVERABLE: PUBLIC MEETINGS (UP TO FIVE PERSON -DAYS) Task 2.6: Ordinance Draft Consultant shall prepare initial and final drafts of the water and wastewater impact fee ordinance. The draft will be prepared in the standard format used by the City The ordinance will include provisions relating to impact fee assessment, collection, credits, refunds, appeals, study updates and other provisions necessary to ensure due process and conformance with relevant impact fee case law. The final draft of the ordinance will be prepared and delivered to the City following receipt of local comments. The final draft will be provided in both original and digital format. Consultant will attend a public hearing to present the ordinance. DELIVERABLE: STAFF REVIEW DRAFT ORDINANCE FINAL DRAFT OF ORDINANCE ORDINANCE PRESENTATION 5 • • Wm • 11111 Exhibit C CONSULTANT COMPENSATION The total cost of the professional services described in the accompanying proposal for Phase Two is $53,225 $61,325. This lump -sum budget includes all direct and indirect expenses incurred by the consultant team in performing the services The breakdown of project cost by task is presented below. The City will be billed monthly based on percent completion of individual tasks. Additional attendance at meetings under Task 2.5 will be billed only if attendance is requested by the City, at the rate of $1,500 per person -day. Task Task 2.1: Task 2.1a: Task 2.1b: Task 2.1c: Task 2.1d: Draft Impact Fee Study Roads Water Wastewater Park Land Dedication Task 2.1 Subtotal Task 2.2: Task 2.3: Task 2.4: Task 2.5: Task 2.6: Total, Phase Two Local Review Meeting Final Impact Fee Study Public Participation Additional Presentations (5) Ordinance Draft Amount $9,785 $9,025 $9,025 $3,655 $31,490 $1,260 $9,975 $3,000 $7,500 $8,100 $535 $61,325 Additional services beyond those specified in the accompanying Scope of Services may be negotiated or billed on a time and expense basis at the hourly rates provided on the Schedule of Professional Fees and Expenses. Extra meetings attended by one professional will be billed on a fixed -fee basis of $1,500 each, which includes all travel expenses. Changes in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor or the City Council in advance of the change in scope, cost, or fees. SCHEDULE OF PROFESSIONAL FEES AND EXPENSES Principal $125 Land Use Attorney Senior Associates Associates Billable Expenses: Overnight Mail Only 6 $150 $95 $75 FAYETTETILLE THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 479-575-8264 TO: FROM: DATE: SUBJECT: Mayor Dan Coody Fayetteville City Council Tim Conklin, City Planner, AICP< August 13, 2002 Contract Amendment — Second Amendment BACKGROUND The Fayetteville City Council on July 30, 2002 directed staff to prepare a contract amendment with Duncan Associates to draft an ordinance for the collection of water and wastewater impact fees. Attached is a contract amendment for Task 2.6 Ordinance Draft in.the amount not to exceed $8,100. CURRENT STATUS The Final Impact Fee Study was presented to the City Council on July 30, 2002. The City Council will need to enact an ordinance to implement the final study's recommendation with regard to water and wastewater impact fees. RECOMMENDATION Staff recommends approval of the contract amendment with Duncan Associates. MSTAFF REVIEW FORM X AGENDA REQUEST _ CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of August 20, 2002. FROM: Tim Conklin Name Planning Urban Development Division Department ACTION REQUIRED: To approve the Second Amendment to Professional Services Agreement between the City of Fayetteville and Duncan Associates and to direct the consultants to prepare initial and final drafts of the water and wastewater impact fee ordinance. COST TO CITY: ,t oo Cost of this Request 474)o-44p)o-n1(t-oD Account Number 0 000$- t Project Number 9911 1 Category/Project Budget 211421- Category/Project Name Funds Used To Date Program Name Remaining Balance Fund BUDGET REV Bu W nager )(J Budgeted Item CONTRACT/GRANT/LEASE REVIEW: Budget Adjustment Attached Administrative Services Director Purchasififiofficer GRANTING AGENCY: MA/4)2— Internal c7CCa Date Internal ditor Tat Date ADA Coordinator Date 2./13(01 -- Date Date Th STAFF RECOMMENDATION: Staff Division Head De rt nt Directo Adrtunk% rative Services Director Mayor recommends approval. 8/13/2002 Date Cross Reference New Item: Yes Prev Ord/Res #: 1/-o.a 64/MWo.W /J Orig Contract Date: 6/5i207I Orig Contract Number: 803 76- of (al:3,.,;.1) FAYETTEVIeLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning Division From: Heather Woodruff, City Clerk Date: August 21, 2002 Please find attached a copy of Resolution No.129-02 approving Amendment No. 2 to the Professional Services Agreement with Duncan and Associates, Inc. to prepare initial and final drafts of the Water and Wastewater Impact Fee Ordinances. The original will be microfilmed and filed with the City Clerk cc: Nancy Smith, Internal Audit Note: Resolution No. 76-01 Amendment No. 1 dated 11/02 Contract #803 Original Date 06/05/01 IMPACT FEE STUDY PART ONE: WATER AND WASTEWATER CONTENTS EXECUTIVE SUMMARY 1 BACKGROUND 2 WATER 7 Service Area 7 Water Demand 8 Service Unit 9 Treatment and Supply 11 Water Storage Tanks 12 Transmission Lines 15 Revenue Credits 19 Maximum Impact Fees 22 WASTEWATER 24 Service Area 24 Wastewater Demand 25 Service Unit 26 Treatment Plant 27 Collection System 28 Revenue Credits 29 Maximum Impact Fees 31 • LIST OF TABLES AND FIGURES • Table 1: WATER AND WASTEWATER FEE SUMMARY 1 Table 2• CAPITAL FUNDING BY SOURCE, 2000-2004 3 Table 3: SALES TAX CAPITAL FUNDING, 2000-2004 3 Table 4: OUTSTANDING DEBT 4 Table 5: POPULATION GROWTH, 1990-2000 4 Table 6: RESIDENTIAL BUILDING PERMITS, 1996-1999 5 Table 7: HOUSING UNITS BY TYPE, 2001 5 Table 8: CURRENT WATER CUSTOMERS 7 Table 9: WATER MASTER PLAN POPULATION PROJECTIONS 8 Table 10: WATER DEMAND PROJECTIONS, 1995-2015 9 Table 11: WATER DEMAND PER SERVICE UNIT 10 Table 12: WATER SERVICE UNITS, 2001 10 Table 13: PLANNED NEW WATER SERVICE UNITS, 1995-2015 11 Table 14: WATER SUPPLY COST PER SERVICE UNIT 12 Table 15: EXISTING WATER STORAGE FACILITIES 13 Table 16: WATER STORAGE NEEDS, 1995-2015 13 Table 17: WATER STORAGE DEFICIENCY, 2001 14 Table 18: PLANNED WATER STORAGE COSTS, 1995-2015 14 Table 19: WATER STORAGE COST PER SERVICE UNIT 14 Table 20: WATER STORAGE DEFICIENCY COST PER SERVICE UNIT 15 Table 21: WATER STORAGE NET COST PER SERVICE UNIT 15 Table 22: PLANNED WATER LINE IMPROVEMENTS, 1995-2015 17 Table 23: WATER LINE COST PER SERVICE UNIT, IMPROVEMENT APPROACH 18 Table 24: WATER LINE COST PER SERVICE UNIT, BUY -IN APPROACH 19 Table 25: ELIGIBLE SHARE OF WATER SYSTEM DEBT Table 26: WATER DEBT CREDIT PER SERVICE UNIT Table 27: WATER SALES TAX CREDIT Table 28: WATER NET COST PER SERVICE UNIT Table 29: WATER MAXIMUM FEE SCHEDULE Table 30: POTENTIAL ANNUAL WATER IMPACT FEE REVENUES Table 31: CURRENT WASTEWATER CUSTOMERS Table 32: WASTEWATER AVERAGE DAILY FLOW, 2020 Table 33: WASTEWATER DEMAND PER SERVICE UNIT Table 34: WASTEWATER SERVICE UNITS Table 35: WASTEWATER TREATMENT COST PER SERVICE UNIT Table 36: WASTEWATER SALES TAX CREDIT Table 37: WASTEWATER NET COST PER SERVICE UNIT Table 38: WASTEWATER MAXIMUM FEE SCHEDULE Table 39: POTENTIAL ANNUAL WASTEWATER IMPACT FEE REVENUES 20 21 21 22 23 23 24 25 26 26 28 30 30 31 31 Figure 1: PLANNING AREA 6 Figure 2: WATER FACILITIES 11 Figure 3: PLANNED WATER IMPROVEMENTS 18 Figure 4: WATERSHEDS AND DIRECTIONS OF FLOWS 27