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HomeMy WebLinkAbout125-06 RESOLUTION• RESOLUTION NO. 125-06 A RESOLUTION APPROVING THE FIRST CONTRACT AMENDMENT WITH DUNCAN ASSOCIATES IN THE AMOUNT OF $110,000.00 TO UPDATE THE EXISTING WATER AND WASTEWATER IMPACT FEES, TO CALCULATE FEES FOR THE COLLECTION SYSTEM, AND NEGOTIATE CONTRACTS WITH THE CITIES OF ELKINS, FARMINGTON AND GREENLAND TO PAY FOR AND PROVIDE POTENTIAL WATER AND WASTEWATER IMPACT FEES WITHIN THEIR CORPORATE BOUNDARIES;APPROVING A BUDGET ADJUSTMENT AND LIMITING THE 'CITY OF FAYETTEVILLE'S EXPENDITURES TO AN AMOUNT NOT TO EXCEED $55,000 00 • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS. • Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the First Contract Amendment with Duncan Associates in the amount of $110,000.00 to update the existing Water and Wastewater Impact Fees, to calculate fees for the collection system, and negotiate contracts with the cities of Elkins, Farmington and Greenland to pay for and provide potential Water and Wastewater Impact Fees within their corporate boundaries. A copy of the First Contract Amendment, marked Exhibit "A" with its attached exhibits, is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Budget Adjustment in the amount of $110,000.00. Section 3. That the City of Fayetteville, Arkansas shall not expend more than $55,000.00 for its share of costs for this project. PASSED and APPROVED this 18th day of July, 2006. APPROVED. ATTEST: By: D By: OODY, Mayor , SONDRA SMITH, City Clerk ‘- ., ITRE /11,/� -P • S ;FAYETTEVILLE .' 'ti 7d :'KANSPaJ�' "'l '41111111 f,HP FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND DUNCAN ASSOCIATES This Professional Services Agreement is made 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. WHEREAS, City previously entered into a professional service agreement with Duncan Associates to perform the first phase of services relating to the development of water and wastewater impact fees. WHEREAS, City desires to amend that professional services agreement to add the second phase of services relating to the development of water and wastewater impact fees. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter provided, City and Duncan Associates agree as follows. 1. Scope of Agreement. Duncan Associate's relationship to City shall be that of independent contractor; at all times this relationship shall be governed by and be in strict compliance with the terms of this Professional Services Agreement. 2. Professional Services: Duncan Associates shall furnish services to City as set forth in Exhibit "Al" which is attached hereto and incorporated herein by reference Changes to the scope of services due to this amendment are indicated by underlining for added text and strike -out for deleted text. 3. Deliverables and Schedule. Duncan Associates shall begin its services promptly after receipt of an executed copy of this Agreement and will complete the services and deliverables pursuant to the schedule as set forth in Exhibit "B." Times for performance shall be extended for periods of delay resulting from circumstances over which Duncan Associates has no control. Changes to the schedule due to this amendment are indicated by underlining for added text and strike -out for deleted text. 4. Compensation and Hourly Rates. For services provided by Duncan Associates as described in Exhibit "Al" City shall compensate Duncan Associates monthly based upon the percent completion of individual tasks and in accordance with the fee schedule outlined in Exhibit "C." Payment of each such invoice shall be due to Duncan Associates within thirty (30) days of receipt by City. Changes to the consultant's compensation due to this amendment are indicated by underlining for added text and strike -out for deleted text. F 5. Subcontracting. Duncan Associates may subcontract some work on this project to Rosenthal & Associates, Inc.. Any other subcontractor relationships must first be approved by the City. 6. Conflict of Interest. Duncan Associates agrees that it has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner with the performance of the services hereunder. Duncan Associates further agrees that, in the performance of this Agreement, no person having any such interest shall be employed. 7. Termination. The obligation to provide further services under this Agreement may be terminated by either party upon written notice to the other party. In the event of any termination, Duncan Associates will be paid for all services rendered to date of such termination. . 8. Ownership of Documents. All documents prepared in the performance of this Agreement shall be delivered to City and become the property of the City before final payment is made to Duncan Associates. 9. Amendments. No amendments or modifications of this Agreement shall be valid unless in writing and signed by each of the parties to the Agreement. 10. Venue. The laws of the State of Arkansas shall govern the construction and interpretation of this agreement 11. Severability. Any provision in this Agreement that is prohibited or unenforceable under state or federal law shall be ineffective to the extent of such prohibitions or unenforceability, without invalidating the remaining provisions hereof. Also, the non enforcement of any provision by either party to this Agreement shall not constitute a waiver of that provision nor shall it effect the enforceability of that provision or the remainder of this Agreement 12. Freedom of Information Act. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act If a Freedom of Information Act request is presented to the City of Fayetteville, Duncan Associates will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25 19 101 et.seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 13. Changes in Scope or Price. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. _2 • IN WITNESS WHEREOF, City and Consultant have caused this instrument to be signed by their respective duly authorized officers. EXECUTED on this, the 2nd day of June , 2006. JAMES DUNCAN AND ASSOCIATES, INC. mes B. Duncan, President EXECUTED on this, the 18fh day of V y, ty , 2006, by City of Fayetteville. CITY OF FAYETTEVILLE, A Municipal Corporation .k.C. •'G\T Y 0;.. By: :v: ,p �: E. ^ ••• :FAYETTEVILLE: t% cp 141 '-.9syNkAN• SG�?. ��,,%GTON %%p% Witness: D ondra Smith Fayetteville City Clerk 3- EXHIBIT "A" SCOPE OF SERVICES Project Understanding and Approach The purpose of this project is to assist the City of Fayetteville in updating its existing water and wastewater impact fees. The update will bring the fees in line with current costs and ensure that they comply with the requirements of the Arkansas Development Impact Fees Act. It is assumed that the City has or will prepare a list of capital improvement needs and cost estimates for the water and wastewater systems. No engineering work is included as part of this proposal. The project will be divided into two phases. Phase I will consist of a feasibility analysis to determine how to proceed with the actual preparation of the study. Phase II will consist of the preparation of the study and attendance at public meetings. The update study for wastewater will be expanded to include the cost of the collection system. Separate wastewater impact fees will be developed for new customers in Farmington, Greenland and Elkins, provided this is determined to be feasible in Phase 1 Proiect Understanding and Approach (Phase 2) Favetteville's water and wastewater system provides service to a number of other jurisdictions. The water system is the most regional—with the exception of the City of Elkins, which owns the distribution system within its city limits, the City owns all of the facilities that serve its water customers, and bills individual customers directly. Out -of - city retail water customers include Johnson Goshen, Farmington, Greenland and parts of unincorporated Washington County. The wastewater system is less of an integrated regional system. Goshen does not participate in the City's wastewater system, and Farmington Greenland and Elkins own the sewer collection systems within their city limits. -4- Jurisdiction Fayetteville Johnson Washington Co. (parts) Goshen Farmington Greenland Elkins Water System Ownership Fayetteville Fayetteville Fayetteville Fayetteville Fayetteville Fayetteville Elkins Sewer System Ownership Fayetteville Fayetteville Fayetteville N/A Farmington Greenland Elkins Billing Fayetteville - Individual Customers Fayetteville - Individual Customers Fayetteville - Individual Customers Fayetteville - Individual Customers Fayetteville - Individual Customers Fayetteville - Individual Customers Elkins (Wholesale Customer This project will produce potentially four (4) impact fee reports — Fayetteville (water and wastewater), Elkins (water and wastewater) Farmington (wastewater) and Greenland (wastewater). Analyses for Farmington, Greenland and Elkins will be undertaken if the consultant is directed to proceed, before commencement of the Fayetteville analysis. Each impact fee will be calculated based on projected future demand, and the cost of planned future capital facilities attributable to that demand (an "improvements based" fee). As appropriate each fee will also include the value of current excess capacity, calculated based on acquisition cost (a "recoupment fee"). Water Impact Fees Fayetteville This fee will include water supply, transmission, storage and distribution facilities and parts of facilities (existing and planned future) attributable specifically to demand within Fayetteville. The fee will be assessed within Fayetteville. Elkins This fee will include local (in -town) transmission, storage and distribution system facilities and parts of facilities (existing and planned future) attributable specifically to demand within Elkins This fee will be assessed within Elkins. • Wastewater Fayetteville This fee will include (existing and planned future) treatment plant, interceptors, lift stations, and collection system facilities, or parts of facilities, along with piping required to divert existing flows to the new plant, as is specifically attributable to demand within Fayetteville. The fee will be assessed within Fayetteville -5- Elkins This fee will include local (in -town) transmission and collection system facilities and parts of facilities (existing and planned future) attributable to demand within Elkins. This fee will be assessed within Elkins. Farmington This fee will include local (in -town) transmission and collection system facilities and parts of facilities (existing and planned future) attributable to demand within Farmington. This fee will be assessed within Farmington. Greenland This fee will include local (in -town) transmission and collection system facilities and parts of facilities (existing and planned future) attributable to demand within Greenland. This fee will be assessed within Greenland Methodology Notes Fees will include service area specific revenue credits (debt, grants and sales tax contributions, for example) and deficiency correction credits, as may be applicable. For the client communities (Elkins Farmington and Greenland), and in the interest of cost savings the analytical process will be coordinated by Fayetteville — i.e., data acquisition, communications distribution of work product and compilation of comments, and all other interchange with client communities will be accomplished by Fayetteville staff. In support of a cost-efficient approach, we have also not scheduled meetings with, or presentations for client communities. Instead we welcome their attendance at meetings scheduled with Fayetteville. With respect to impact fee reports for client communities, we will produce one draft report and, based on comments, a revised final report. The analyses will require land use inventories and protections for each of six service areast (by impact fee property type) protected based on the same time frame for all service areas, and matching the capital improvement plan (CIP) time frame, which will be provided by Fayetteville. Each of the impact fees (as above) will require information to support analysis of current deficiencies and debt, for impact fee credits. This information will be provided by Fayetteville. (Some or all of the information is likely to be on -hand, given the need for periodic demand planning.) 1 Water — Fayetteville retail and Elkins service areas. Wastewater — Fayetteville retail, Elkins, Farmington, and Greenland service areas. Property types include Single Family (dwelling unit), Multi Family (dwelling unit), Hotel (rooms), Retail, Office, Industrial, and Institutional/Other (1,000 square feet) The treatment component of the wastewater fee will include the value of plant capacity (new and existing and capacity that will be made available by implementation of the new plant) and will be calculated based on an undifferentiated average cost per service unit (same cost per demand unit throughout the service area). The City proposes that treatment capacity be defined to include both plants and ' appurtenances" - i.e., the existing and new plant, and that part of existing and planned transmission facilities needed to integrate the elements of the treatment system. The supply component of the water fee will include the value of current excess capacity and planned new capacity (as derived from the facility master plan) and will be calculated based on an undifferentiated average cost per service unit (same cost per demand unit throughout the service area). Allocation of the beneficial use of wastewater and water facilities by service area — e q. defining the share and quantifying the value of CIP costs uniquely attributable to each service area — will be based on analysis provided by Fayetteville. Credits for sales tax contributions (as may be attributable to each service area) will be defined by consultant based on analysis to quantify the share of tax revenue attributable to each service area. This share analysis will be provided by Fayetteville. Likewise, analysis to quantify and value current deficiencies by service area will be provided by Fayetteville. The value of potential debt service credits will be quantified by consultant, based on debt information provided by Fayetteville. Cost for future facilities will be based on existing facility plans, updated as may be appropriate, by staff estimates. Design years for wastewater plant and underground are different. The plant design year is about 2020. Wastewater transmission/collection design year, after completion of projects in the current master plan is thought to be build -out. This may require analysis to realign and match the planning periods — for example by quantifying additional plant capacity needed between 2020 and build -out. Analysis to define and value new capacity will be provided by Fayetteville. It is our understanding that, for the wastewater system, stranded transmission and collection system costs attributable to current service provision in Farmington will be recovered by means of separate agreement with Farmington users. Analysis of stranded costs is not included as part of this prosect. Each fee will be calculated based on number of (single family equivalent) demand units, and projected land use by property type, which will be provided by Fayetteville. This will be the basis for calculation of future service demand, and the amount of each impact fee • GIS support for production of maps, and other analysis as may be appropriate, will be provided by the City. This prosect does not include revisions to the Citv's impact fee ordinance, which will be handled by the City Attorney. Participating client communities will be provided with a sample impact fee ordinance. PHASE I: FEASIBILITY ANALYSIS The primary purpose of this phase, in addition to initial data gathering, is to determine whether and how separate wastewater impact fees could be calculated for Farmington, Greenland and Elkins, and whether and how separate water impact fees could be calculated for Elkins. If determined to be feasible, each alternative will be priced individually. Task 1.1: Project Organization Immediately upon contract execution, the Consultant will meet with key members of City staff to gather available information related to the project; identify major technical and policy issues involved; coordinate staff and consultant responsibilities; and refine the project schedule. It is anticipated that this meeting will be attended by Clancy Mullen of Duncan Associates and Bob Rosenthal of Rosenthal & Associates City staff attendees should include representatives from water and wastewater, engineering, planning, finance and law A major area of discussion should be whether and how fees for wastewater could be calculated to determine separate fees for new customers in Farmington, Greenland and Elkins, and whether and how fees for water could be calculated to determine separate fees for new customers in Elkins. The City should provide the Consultant, without charge copies of all relevant plans, studies and documents needed to perform the scope of work. These may include, but are not limited to: 0 master plans for water and wastewater 0 capital improvement plans for water and wastewater 0 maps of service area boundaries, showing wholesale and retail areas 0 current and historical data (last five years) on number of customers and consumption by meter size and customer class 0 most recent annual budget and comprehensive financial report 0 debt payment schedules for outstanding water/wastewater bond issues 0 prospectus from most recent water/wastewater bond issues 0 data on existing and projected land use and serviced population within the service areas At the conclusion of the task, the Consultant will prepare a memorandum summarizing the organizational framework for the project and listing additional data needs. The memorandum will be delivered within two weeks of the organizational meeting. _8 • Deliverable: Project Organization Meeting Project Organization Memorandum Task 1.2: Directions for Phase II This task will entail the preparation of a detailed scope of services and budget for Phase II It will require review of the available data gathered in Task 1.1, and coordination with City staff via email and telephone Deliverable: Draft Contract Amendment for Phase 11 PHASE II: IMPLEMENTATION The second phase entails the preparation of the impact fee study and attendance at public meetings for review and adoption of the revised impact fee ordinance Task 2.1: Draft Impact Fee Study City staff or a consulting engineering firm will prepare the list of water and wastewater capital improvements required to accommodate anticipated growth. In this task, the Consultant will prepare the initial draft of the water and wastewater impact fee study. The report will describe the methodology and formula used to calculate the fees, document all data sources and assumptions, and include a fee schedule that represents the fees that could be charged. At least one full working draft will be delivered to City staff for review and comment prior to delivery of the draft study. Deliverable: Draft Impact Fee Study Task 2.2: Final Impact Fee Study Following review and comment on the draft study by City staff and/or an advisory committee, the Consultant will make appropriate revisions and provide the final draft. Deliverable: Final Impact Fee Study Task 2.3: Public Meetings The Consultant will make up to three person -days of travel to Fayetteville to meet with staff, the City Council and/or other review bodies. Additional participation in adoption meetings may be provided on a -9- EXHIBIT "B" PROJECT SCHEDULE The project schedule outlined in the scope of services is summarized in the following flowchart. As shown below, the project could be completed in seven and one-half months. • Tasks Months from Project Start 1 2 3 4 5 6 7 8 1.1:.Project Organization 1.2: Directions for Phase II 2.1: Draft Impact Fee Study 2.2: Final Impact Fee Study 2.3: Public Meetings x x x. x iut`=;. } I x = meeting/presentation EXHIBIT "C" COST PROPOSAL The total cost of the professional services described in this proposal for Phase 1 is $12,300 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 cost of Phase 11 will be determined in Phase 1. The City will be billed monthly based on percent completion of individual tasks. Task Cost 1.1: Project Organization 1.2: Directions for Phase 11 $5,820 $6,480 Total, Phase I $12,300 Total fee for professional services included in the scope of services for Phase 11 is $110,000. The City will be billed monthly for percent completion of each task. Cost includes all direct and indirect expenses incurred by Consultants in performing the - services, including travel expenses. Additional services beyond those in the scope of services may be negotiated separately or billed on a time plus expenses basis. Fayetteville will be billed for analyses for Farmington, Greenland and Elkins only if the consultant is directed to proceed, before commencement of the Fayetteville analysis. The City of Fayetteville will be responsible for payment of the total amounts shown for Fayetteville and any participating client cities Task Fayetteville Elkins Farmington Greenland Total 2.1: Draft Impact Fee Study $43,105 $21.473 $12,884 $12,884 $90,346 2.2: Final Impact Fee Study $7,095 53,527 52,116 52,116 $14,854 2.3: Meetings (3 person- days) $4,800 $4,800 Total $55.000 $25,000 $15,000 $15,000 $110,000 Additional services beyond those included in the scope of services may be provided at the following standard hourly rates: James B. Duncan, FA1CP-$175; Clancy Mullen -$135, Eric Damian Kelly, Esq., FAICP-$200, Robert Rosenthal—$120, support planning staff -$95. Direct expenses will be limited to travel costs (airfare, hotel, rental car, parking and meals) and direct mail costs. Additional trips may be provided on a time -plus -direct expense basis; or on a flat rate of $2,000 per person -day. 07/19/2006 WED 11:24 FAX 479 575 8202 City of Fay. Engineering C�J002/022 AGREEMENT THIS AGREEMENT is entered into this 184-1t. day of JuI' . 2006, by and between the CITY OF FAXEl 1 EVILLE, and the CITY OF EFNLAND, ARKANSAS, to reimburse the City of Fayetteville for the City of Greenland's portion of the cost to have Duncan Associates to conduct Impact Fee studies within its :orporate boundaries. IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows: Article I The City of Fayetteville agrees to pay Duncan Associates to conduct Impact Fee analyses within the corporate boundaries of the City of Greenland, as set hath in the Scope of Services, marked Exhibit "A" attached hereto and made a part hereof. Article II The City of Greenland agrees to pay the sum of $15,000.00 to the= City of Fayetteville as reimbursement of its portion of the cost to conduct the Impact Fee analyses. Article III Neither City may assign any of its rights or delegate any of its obligations under this Agreement, without the express written consent of the other. Article IV This Agreement shall be interpreted according to and enforced under tl le laws of the State of Arkansas. Article V Each paragraph of this Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragi aphs and subparagraphs shall remain in full force and effect. Article VI The City of Greenland shall hold harmless the City of Fayetteville from any and all claims or liabilities arising from the performance of this Agreement, provided that nothing in this Agreement shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville or the City of Greenland tinder the Constitution and Statutes of the State of Arkansas. 1 07/19/2006 WED 11:25 FAX 479 575 8202 City of Fay. Engineering Article VII It is agreed that the failure of any party to invoke any of the available remedies under this Agreement or under law in the event of one or more breaches or defaults by any party under the Agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the parties from invoking such remedies in the event of any future breach or default. Article VIII This Agreement constitutes the entire understanding of the parties, and no modification or variation of the terms of this Agreement shall be valid unlese made in writing and.signed by the duly authorized agents of the parties, after an affirmative vote of a majority of each city's governing body. IN WITNESS WHEREOF, the City of Fayetteville and the City of Greenland have executed this Agreement on or as of the date first written above. �`t,............... K/TR .."'o,, E E96' , cf� o&"' o,cG, •pp% :V•• •13•? :FAYETTEVILLE: ATTEST: 6 cog. �.A.. .7. Celt v' . ;KANS;�\/ SOI4DRA SMITH, City Clerk ATTEST: 1 ( eu CALLAre ro DONNA CFIEEVERS, Recorder/Treasurer CITY OFF;,YETTEVILLE, ARKANSAS DAN COODY, ayor CITY OF GREENLAND, ARKAN SAS 4, WILLIAM YOES, Ma or 2 1003/622 RESOLUTION 2006- 7-/0-06 WHEREAS, the City of Greenland has need of professional services to be performed %regarding the possible implementation of sewer impact fees to support the anticipated City infrastructure growth; WHEREAS, Duncan Associates provides such services and has contracted with the City of Fayetteville to do a study concerning their water and sewer impact fees and has given Fayetteville the option of extending the study to Greenland (and other cities) concerning Greenland's sewer system and its potential for implementing impact fees to help with infrastructure improvements to handle expected growth in this City. WHEREAS, Greenland desires to obtain the services of Duncan Associates by agreeing to reimburse the City of Fayetteville, Arkansas for the portion of Fayetteville's study which benefits Greenland and provides Greenland with an Impact Fee Ordinance and supporting documents and services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREENLAND, ARICANSAS, THAT: 1. The attached agreement with Fayetteville for services relating to sewer impact fees to be performed by Duncan Associates is hereby approved and accepted. 2. That Mayor and Recorder/Treasurer are authorized to take such steps as are necessary to execute the agreement on behalf of the City obtaining for the citizens of Greenland the services described therein and to make payment as provided for therein. APPROVED this 16#1 day of .2006. ATTEST: orfrna DONNA CHEEVERS, Recorder/Treasurer Mvn'ripvll,og ,nv'vnpR= fees 21X16 WILLIAM YOES, Ma AGREEMENT THIS AGREEMENT is entered into this /8* day of 2006, by and between the CITY OF FAYEITEVILLE, and the CITY OF KINS, ARKANSAS, to reimburse the City of Fayetteville for the City of Elkins's portion of the cost to have Duncan Associates to conduct Impact Fee studies within its corporate boundaries. IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows: Article I The City of Fayetteville agrees to pay Duncan. Associates to conduct Impact Fee analyses within the corporate boundaries of the City of Elkins, as set forth_ ul the Scope _ — of Seivic`e`s, markedE ibht "A" attached hereto and made a part hereof. Article II The City of Elkins agrees to pay the sum of $25,000.00 to the City of Fayetteville as reimbursement of its portion of the cost to conduct the Impact Fee analyses. Article III Neither City may assign any of its rights or delegate any of its obligations under this Agreement, without the express written consent of the other. Article IV This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. Article V Each paragraph of this Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines . that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. Article Vi The City of Elkins shall hold harmless the City of Fayetteville from any and all claims or liabilities arising from the performance of this Agreement, provided that nothing in this Agreement shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville or the City of Eakins under the Constitution and Statutes of the State of Arkansas. 1 or Article VII It is agreed that the failure of any party to invoke any of the available remedies under this Agreement or under law in the event of one or more breaches or defaults by any party under the Agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the parties from invoking such remedies in the event of any future breach or default. Article VIII This Agreement constitutes the entire understanding of the parties, and no modification or variation of the teens of this Agreement shall be valid unless made in writing and signed by the duly authorized agents of the parties, after an affirmative vote of a majority of each city s governing body. IN WITNESS WHEREOF, the City of Fayetteville and the City of Elkins have executed this Agreement on or as of the date first written above. CITY OF F YETTEVILLE, ARKANSAS ATTEST: ' Fi�,G�c,R YTGsG� So. •c"� ••.�: E :FAYETTEVILLE: a. ..• :.s.? / p ''.,;yGTON �l 1,1"OT., 'a�_1. DAN COODY, Mayor CITY OF ELKINS, ARKANSAS PEGGY INION, City Clerk 2 V LADYM41I- ACC AGREEMENT THIS AGREEMENT is entered into this 10th day of July, 2006, by and between the CITY OF FAYETTEVILLE, and the CITY OF FARMINGTON, ARKANSAS, to reimburse the City of Fayetteville for the City of Farmington's portion of the cost to have Duncan Associates to conduct Impact Fee studies within its corporate boundaries. IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows. Article I The City of Fayetteville agrees to pay Duncan Associates to conduct Impact Fee analyses within the corporate boundaries of the City of Farmington, as set forth in the Scope of Services, marked Exhibit "A" attached hereto and made a part hereof. Article II The City of Farmington agrees to pay the sum of $15,000.00 to the City of Fayetteville as reimbursement of its portion of the cost to conduct the Impact Fee analyses. Article III Neither City may assign any of its rights or delegate any of its obligations under this Agreement, without the express written consent of the other. Article IV This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. Article V Each paragraph of this Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in hill force and effect. Article W The City of Farmington shall hold harmless the City of Fayetteville from any and all claims or liabilities arising from the performance of this Agreement, provided that nothing in this Agreement shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville or the City of Farmington under the Constitution and Statutes of the State of Arkansas. Article VII 1 It is agreed that the failure of any party to invoke any of the available remedies under this Agreement or under law in the event of one or more breaches or defaults by any party under the Agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the parties from invoking such remedies in the event of any future breach or default. • Article VIII This Agreement constitutes the entire understanding of the parties, and no modification or variation of the terms of this Agreement shall be valid unless made in writing and signed by the duly authorized agents of the parties, after an affirmative vote of a majority of each city's governing body. IN WITNESS WHEREOF, the City of Fayetteville and the City of Farmington have executed this Agreement on or as of the date first written above. ATTEST: CITY OF FAYETTEVILLE, ARKANSAS SONDRA SMITH, City Clerk U s. r`` ATTEST.) o•• :1•01A:".1( DAN COODY, Mayor CITY OF FARMINGTON, ARKANSAS 2 N HARRIS, Mayor • • rj�.� ifr • r .— City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2006 Department: Operations Division: Meter Operations Program: Meter Capital Date Requested 6/20/2006 Adjustment Number Project or Item Added/Increased: $55,000 is requested in the Professional Services account of the Impact Fee Update - Water/Wastewater capital project. Project or Item Deleted/Reduced: $55,000 is proposed from the Contract Services (reimbursement) account in the Impact Fee Update - Water/Wastewater capital project. None. The use of $55,000 from the Use of Fund Balance in the Water & Sewer Fund is proposed. Justification of this Increase: Funding is for a Water/Wastewater Impact Fee Update for the Cities of Fayetteville, Farmington, Elkins, and Greenland. Justification of this Decrease: $55,000 is the cost share portion coming from the other cities. The remaining $55,000 is the portion to be paid by the City of Fayetteville. Sufficient funding remains to comply with City policy. Increase Expense Budget (Decrease Revenue Budget) Account Name Account Number Professional services 5400 Account Name Amount Project Number 1840 5314 00 110,000 05054 1 Decrease Expense Budget (Increase Revenue Budget) Account Number Amount Use of fund balance 5400 0940 4999 99 55,000 Contract sery (reimb) 5400 0940 6490 00 • Project Number 55,000 05054 1 Approval Signatures Requested By Date Budget Manager Date 64. OL rector Finance & Intern it'-rvices a r• for Mayor Date Date 0 ate Type: Budget Office Use Only B C D E Posted to General Ledger Posted to Project Accounting Entered in Category Log Initial Date Initial Date Initial Date Tim Conklin Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 7/18/2006 City Council Meeting Date C.7 �a Duncan Associates Water and Sewer Impact Fees Phase 2 Page 1 of 20 Operations Planning and Development Mgmt. Division Department Action Required: Approval of the first contract amendment and budget adjustment for phase 2 with Duncan Associates in the amount of $110,000 ($55,000 Fayetteville's Share) to update the existing water and sewer impact fees, calculate fees for the collection system, and negotiate contracts with Elkins, Farmington, and Greenland to reimburse Fayetteville for the remaining costs ($55,000) to calculate impact fees within their corporate boundaries. $ 110,000.00 Cost of this request 5400-1840-5314-00 Account Number 05054-1 Project Number Budgeted Item $ 12,300.00 Category! Project Budget $ 12,300.00 Funds Used to Date Remaining Balance Budget Adjustment Attached EX Program Category / Project Name Program / Project Category Name Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Date City Attorney Received in City CI ' Finance and Internal Service Directo Received in Mayor's Office EHfERED d9 � lit `7 O6 Date C. 7 Duncan Associates Water and Sewer Impact Fees Phase 2 Page 2 of 20 THE CITY OF FAYETTEVILLE, ARKANSAS TO: Mayor Dan Coody . Fayetteville City Council THROUGH: Gary Dumas, Operations Director Marsha Farthing, Interim Finance and Internal Services Director FROM: Tim Conklin, Planning and Development Management Director DATE: June 28, 2006 SUBJECT: Approval of the first contract amendment and budget adjustment for phase 2 with Duncan Associates in the amount of $110,000 ($55,000 Fayetteville's Share) to update the existing water and sewer impact fees, calculate fees for the collection system, and negotiate contracts with Elkins, Farmington, and Greenland to reimburse Fayetteville for the remaining costs ($55,000) to calculate impact fees within their corporate boundaries. RECOMMENDATION Staff recommends approval of the first contract amendment and budget adjustment for phase 2 with Duncan Associates in the amount of $110,000 ($55,000 Fayetteville's Share) to update the existing water and sewer impact fees, calculate fees for the collection system, and negotiate contracts with Elkins, Farmington, and Greenland to reimburse Fayetteville for the remaining costs ($55,000) to calculate impact fees within their corporate boundaries. BACKGROUND The City of Fayetteville approved a bid waiver ordinance on October 18, 2005 to hire Duncan Associates to complete Phase I of the contract in the amount of $12,300. Phase 1 included the development of the scope of work and contract to update the existing fees to include the wastewater interceptor and collection system. The current fees are based on the historical and estimated costs for the water transmission, storage, and distribution system and the estimated costs for the planned 10 million gallons per day wastewater treatment plant capacity improvements. The current wastewater fee did not include the proposed capacity improvements to the collection system and associated lift stations. Staff is recommending updating the existing 2002 calculated water and wastewater impact fees to: 1) reflect current construction costs; 2) calculate impact fees for new capacity created as part of the wastewater collection system; and 3) calculate specific impact fees for outside jurisdictions served by the Fayetteville system. The contract states "Fayetteville will be billed for analyses for Farmington, Greenland and Elkins only if the consultant is directed to proceed, before commencement of the Fayetteville analysis. The City of Fayetteville will be responsible for payment of the total amounts shown for Fayetteville and any participating client cities." C. 7 Duncan Associates Water and Sewer Impact Fees Phase 2 Page 3 of 20 Staff has contacted Farmington, Greenland, and Elkins and is anticipating that each of the cities will make a decision whether or not to participate in this contract by the end of July 2006. BUDGET IMPACT The update to the existing impact fees and adding in the collection system will allow new development to pay its proportionate share of infrastructure capacity costs based on current construction costs, including the collection. C. 7 Duncan Associates Water and Sewer Impact Fees Phase 2 Page 4 of 20 RESOLUTION NO. A RESOLUTION APPROVING THE FIRST CONTRACT AMENDMENT WITH DUNCAN ASSOCIATES IN THE AMOUNT OF $110,000.00 TO UPDATE THE EXISTING WATER AND WASTEWATER IMPACT FEES, TO CALCULATE FEES FOR THE COLLECTION SYSTEM, AND NEGOTIATE CONTRACTS WITH THE CITIES OF ELKINS, FARMINGTON AND GREENLAND TO PAY FOR AND PROVIDE POTENTIAL WATER AND WASTEWATER IMPACT FEES WITHIN THEIR CORPORATE BOUNDARIES; AND APPROVING A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the First Contract Amendment with Duncan Associates in the amount of $110,000.00 to update the existing Water and Wastewater Impact Fees, to calculate fees for the collection system, and negotiate contracts with the cities of Elkins, Farmington and Greenland to pay for and provide potential Water and Wastewater Impact Fees within their corporate boundaries. A copy of the First Contract Amendment, marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of the. City of hereby approves a Budget Adjustment in the amount of $1 PASSED and APPROVED this 18w day Mayor By: �SjNDDft$MITH City Clerk C. 7 Duncan Associates Water and Sewer Impact Fees Phase 2 Page 6 of 20 AGREEMENT THIS AGREEMENT is entered into this day of , 2006, by and between the CITY OF FAYEITEVILLE, and the CITY OF ELKINS, ARKANSAS, to reimburse the City of Fayetteville for the City of Elkins's portion of the cost to have Duncan Associates to conduct Impact Fee studies within its corporate boundaries. IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows: Article I The City of Fayetteville agrees to pay Duncan Associates to conduct Impact Fee analyses within the corporate boundaries of the City of Elkins, as set forth in the Scope of Services, marked Exhibit "A" attached hereto and made a part hereof. Article II The City of Elkins agrees to pay the sum of $25,000.00 to the City of Fayetteville as reimbursement of its portion of the cost to conduct the Impact Fee analyses. Article III Neither City may assign any of its rights or delegate any of its obligations under this Agreement, without the express written consent of the other. Article IV This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. Article V Each paragraph of this Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. Article VI The City of Elkins shall hold harmless the City of Fayetteville from any and all claims or liabilities arising from the performance of this Agreement, provided that nothing in this Agreement shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville or the City of Elkins under the Constitution and Statutes of the State of Arkansas. C. 7 Duncan Associates Water and Sewer Impact Fees Phase 2 Page 7 of 20 Article VII It is agreed that the failure of any party to invoke any of the available remedies under this Agreement or under law in the event of one or more breaches or defaults by any party under the Agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the parties from invoking such remedies in the event of any future breach or default. Article VIII This Agreement constitutes the entire understanding of the parties, and no modification or variation of the terms of this Agreement shall be valid unless made in writing and signed by the duly authorized agents of the parties, after an affirmative vote of a majority of each city's governing body. IN WITNESS WHEREOF, the City of Fayetteville and the City of Elkins have executed this Agreement on or as of the date first written above. CITY OF FAYETTEVILLE, ARKANSAS DAN COODY, Mayor ATTEST: SONDRA SMITH, City Clerk CITY OF ELKINS, ARKANSAS JACK LADYMAN, Mayor ATTEST: PEGGY BARTON, City Clerk 2 C. 7 Duncan Associates Water and Sewer Impact Fees Phase 2 Page 8 of 20 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND DUNCAN ASSOCIATES This Professional Services Agreement is made 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. WHEREAS, City previously entered into a professional service agreement with Duncan Associates to perform the first phase of services relating to the development of water and wastewater impact fees. WHEREAS, City desires to amend that professional services agreement to add the second phase of services relating to the development of water and wastewater impact fees. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter provided, City and Duncan Associates agree as follows. 1. Scope of Agreement. Duncan Associate's relationship to City shall be that of independent contractor; at all times this relationship shall be governed by and be in strict compliance with the terms of this Professional Services Agreement. 2. Professional Services. Duncan Associates shall furnish services to City as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. Changes to the scope of services due to this amendment are indicated by underlining for added text and strike -out for deleted text. 3. Deliverables and Schedule. Duncan Associates shall begin its services promptly after receipt of an executed copy of this Agreement and will complete the services and deliverables pursuant to the schedule as set forth in Exhibit "B." Times for performance shall be extended for periods of delay resulting from circumstances over which Duncan Associates has no control. Changes to the schedule due to this amendment are indicated by underlining for added text and strike -out for deleted text. 4. Compensation and Hourly Rates. For services provided by Duncan Associates as described in Exhibit "A," City shall compensate Duncan Associates monthly based upon the percent completion of individual tasks and in accordance with the fee schedule outlined in Exhibit "C." Payment of each such invoice shall be due to Duncan Associates within thirty (30) days of receipt by City. Changes to the consultant's compensation due to this amendment are indicated by underlining for added text and strike -out for deleted text. -1- C. 7 Duncan Associates Waler and Sewer Impact Fees Phase 2 Page 9 of 20 5. Subcontracting. Duncan Associates may subcontract some work on this project to Rosenthal & Associates, Inc.. Any other subcontractor relationships must first be approved by the City. 6. Conflict of Interest. Duncan Associates agrees that it has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner with the performance of the services hereunder. Duncan Associates further agrees that, in the performance of this Agreement, no person having any such interest shall be employed. 7. Termination. The obligation to provide further services under this Agreement may be terminated by either party upon written notice to the other party. In the event of any termination, Duncan Associates will be paid for all services rendered to date of such termination. 8. Ownership of Documents. All documents prepared in the performance of this Agreement shall be delivered to City and become the property of the City before final payment is made to Duncan Associates. 9. Amendments. No amendments or modifications of this Agreement shall be valid unless in writing and signed by each of the parties to the Agreement. 10. Venue. The laws of the State of Arkansas shall govern the construction and interpretation of this agreement. 11. Severability. Any provision in this Agreement that is prohibited or unenforceable under state or federal law shall be ineffective to the extent of such prohibitions or unenforceability, without invalidating the remaining provisions hereof. Also, the non enforcement of any provision by either party to this Agreement shall not constitute a waiver of that provision nor shall it effect the enforceability of that provision or the remainder of this Agreement. 12. Freedom of Information Act. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Duncan Associates will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25 19 101 et.seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 13. Changes in Scope or Price. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. rya .. ......... ........... C. 7 Duncan Associates Water and Sewer Impact Fees Phase 2 Page 10 of 20 IN WITNESS WHEREOF, City and Consultant have caused this instrument to be signed by their respective duly authorized officers. EXECUTED on this, the 2nd day of June , 2005. JAMES DUNCAN AND ASSOCIATES, I / n , By. 0 6 mes B. Duncan, President O // 7 EXECUTED on this, the day of , 2005, by City of Fayetteville. CITY OF FAYETTEVILLE, A Municipal Corporation Dan Coody, Mayor Witness: Sondra Smith Fayetteville City Clerk -3- C. 7 Duncan Associates Water and Sewer Impact Fees Phase 2 Page 11 of 20 EXHIBIT "A" SCOPE OF SERVICES Project Understanding and Approach The purpose of this project is to assist the City of Fayetteville in updating its existing water and wastewater impact fees. The update will bring the fees in line with current costs and ensure that they comply with the requirements of the Arkansas Development Impact Fees Act. It is assumed that the City has or will prepare a list of capital improvement needs and cost estimates for the water and wastewater systems. No engineering work is included as part of this proposal. The project will be divided into two phases. Phase I will consist of a feasibility analysis to determine how to proceed with the actual preparation of the study. Phase II will consist of the preparation of the study and attendance at public meetings. The update study for wastewater will be expanded to include the cost of the collection system. Separate wastewater impact fees will be developed for new customers in Farmington, Greenland and Elkins, provided this is determined to be feasible in Phase 1. Project Understanding and Approach (Phase 2) city retail water customers include Johnson. Goshen, Farmington, tireeniana ana parrs of unincorporated Washington County. the sewer collection systems within their city limits. -4- C. 7 Duncan Associates Waler and Sewer Impact Fees Phase 2 Page 12 of 20 Water System Sewer System Jurisdiction Ownership Ownership Billin Fayetteville Fayetteville Fayetteville Fayetteville - Individual Customers Johnson Fayetteville Fayetteville Fayetteville - Individual Customers Washington Co. (parts) Fayetteville Fayetteville Fayetteville - Individual Customers Goshen Fayetteville N/A Fayetteville - Individual Customers Farmington Fayetteville Farmington Fayetteville - Individual Customers Greenland Fayetteville Greenland Fayetteville - Individual Customers (wastewater). Analyses for Farmington, Greenland and Elkins will be undertaken if the calculated based on acquisition cost (a "recoupment fee"). Water Impact Fees Fayetteville This fee will include water supply, transmission, storage and distribution facilities and parts of facilities (existing and planned future) attributable specifically to demand within Fayetteville The fee will be assessed within Fayetteville. Elkins This fee will include local (in -town) transmission, storage and distribution system facilities and parts of facilities (existing and planned future) attributable specifically to demand within Elkins. This fee will be assessed within Elkins. Wastewater Fayetteville to dived existing flows to the new plant as is specifically attributable to demand within Fayetteville. The fee will be assessed within Fayetteville -5- C. 7 Duncan Associates Water and Sewer Impact Fees Phase 2 Page 13 of 20 Elkins This fee will include local (in -town) transmission and collection system facilities and parts of facilities (existing and planned future) attributable to demand within Elkins. This fee will be assessed within Elkins. Farmington This fee will be assessed within Farmington. Greenland This fee will include local (in -town) transmission and collection system facilities and Methodology Notes For the client communities (Elkins, Farmington and Greenland), and in the interest of cost savings, the analytical process will be coordinated by Fayetteville — i.e., data staff. In support of a cost-efficient approach, we have also not scheduled meetings communities, we will produce one draft report and based on comments, a revised final report. be provided by Fayetteville. Each of the impact fees (as above) will require information to support analysis of current deficiencies and debt, for impact fee credits. This information will be provided by Fayetteville (Some or all of the information is likely to be on -hand, given the need for periodic demand planning.) -s- unit (same cost per demand unit throughout the service area). The City proposes that needed to integrate the elements of the treatment system. The supply component of the water fee will include the value of current excess capacity and planned new capacity (as derived from the facility master plan) and will be calculated based on an undifferentiated average cost per service unit (same cost per demand unit throughout the service area). service area — will be based on analysis provided by Fayetteville. Credits for sales tax contributions (as may be attributable to each service area) will be defined by consultant based on analysis to quantify the share of tax revenue attributable Fayetteville The value of potential debt service credits will be quantified by consultant, based on debt information provided by Fayetteville. Cost for future facilities will be based on existing facility plans, updated as may be appropriate, by staff estimates. capacity needed between 2020 and build -out. Analysis to define and value new capacity will be provided by Fayetteville. It is our understanding that, for the wastewater system, stranded transmission and collection system costs attributable to current service provision in Farmington will be recovered by means of separate agreement with Farmington users. Analysis of stranded costs is not included as part of this project. fee. GIS support for production of maps, and other analysis as may be appropriate, will be provided by the City. -7- C. 7 Duncan Associates Water and Sewer Impact Fees Phase 2 Page 15 of 20 This project does not include revisions to the City's impact fee ordinance, which will be handled by the City Attorney. Participating client communities will be provided with a sample impact fee ordinance. PHASE I: FEASIBILITY ANALYSIS The primary purpose of this phase, in addition to initial data gathering, is to determine whether and how separate wastewater impact fees could be calculated for Farmington, Greenland and Elkins, and whether and how separate water impact fees could be calculated for Elkins. If determined to be feasible, each alternative will be priced individually. Task 1.1: Project Organization Immediately upon contract execution, the Consultant will meet with key members of City staff to gather available information related to the project; identify major technical and policy issues involved; coordinate staff and consultant responsibilities; and refine the project schedule. It is anticipated that this meeting will be attended by Clancy Mullen of Duncan Associates and Bob Rosenthal of Rosenthal & Associates. City staff attendees should include representatives from water and wastewater, engineering, planning, finance and law. A major area of discussion should be whether and how fees for wastewater could be calculated to determine separate fees for new customers in Farmington, Greenland and Elkins, and whether and how fees for water could be calculated to determine separate fees for new customers in Elkins. The City should provide the Consultant, without charge, copies of all relevant plans, studies and documents needed to perform the scope of work. These may include, but are not limited to: 0 master plans for water and wastewater 0 capital improvement plans for water and wastewater 0 maps of service area boundaries, showing wholesale and retail areas 0 current and historical data (last five years) on number of customers and consumption by meter size and customer class 0 most recent annual budget and comprehensive financial report 0 debt payment schedules for outstanding watertwastewater bond issues 0 prospectus from most recent water/wastewater bond issues 0 data on existing and projected land use and serviced population within the service areas At the conclusion of the task, the Consultant will prepare a memorandum summarizing the organizational framework for the project and listing additional data needs. The memorandum will be delivered within two weeks of the organizational meeting. -8- C:? Duncan Associates Water and Sewer Impact Fees Phase 2 Page 16 of 20 Deliverable: Project Organization Meeting Project Organization Memorandum Task 1.2: Directions for Phase II This task will entail the preparation of a detailed scope of services and budget for Phase II. It will require review of the available data gathered in Task 1.1, and coordination with City staff via email and telephone. Deliverable: Draft Contract Amendment for Phase II PHASE II: IMPLEMENTATION The second phase entails the preparation of the impact fee study and attendance at public meetings for review and adoption of the revised impact fee ordinance. Task 2.1: Draft Impact Fee Study City staff or a consulting engineering firm will prepare the list of water and wastewater capital improvements required to accommodate anticipated growth. In this task, the Consultant will prepare the initial draft of the water and wastewater impact fee study. The report will describe the methodology and formula used to calculate the fees, document all data sources and assumptions, and include a fee schedule that represents the fees that could be charged. At least one full working draft will be delivered to City staff for review and comment prior to delivery of the draft study. Deliverable: Draft Impact Fee Study Task 2.2: Final Impact Fee Study Following review and comment on the draft study by City staff and/or an advisory committee, the Consultant will make appropriate revisions and provide the final draft. Deliverable: Final Impact Fee Study Task 2.3: Public Meetings The Consultant will attend up to two meetings in make up to three person -days of travel to Fayetteville to present the impact fop study to meet with staff, the City Council and/or other review bodies. Additional participation in adoption meetings may be provided on a 21 C. 7 Duncan Associates Water and Sewer Impact Fees Phase 2 Page 17 of 20 time -plus -expense or flat rate basis. Deliverables: Two (2) Three (3) Person -Trips -10- C. 7 Duncan Associates Water and Sewer Impact Fees Phase 2 Page 18 of 20 EXHIBIT "B" PROJECT SCHEDULE The project schedule outlined in the scope of services is summarized in the following flowchart. As shown below, the project could be completed in seven and one-half months. Tasks Months from Project Start 1 2 3 4 5 6 7 8 1.1: Project Organization 1.2: Directions for Phase II 2.1: Draft Impact Fee Study •YY�R 2.2: Final Impact Fee Study fs 2.3: Public Meetings x x x x = meeting/presentation C. 7 Duncan Associates Water and Sewer Impact Fees Phase 2 Page 19 of 20 EXHIBIT "C" COST PROPOSAL The total cost of the professional services described in this proposal for Phase I is $12,300. 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 * of Phase II will be detorminod in PhaseI. The City will be billed monthly based on percent completion of individual tasks. Task Cost 1.1: Project Organization $5,820 1.2: Directions for Phase II $6,480 Total, Phase I $12,300 Total fee for professional services included in the scope of services for Phase 11 is $110,000. The City will be billed monthly for percent completion of each task. Cost Task Fayetteville Elkins ' Farmington Greenland Total 2.1: Draft Impact Fee Study $43105 $21,473 $12,884 $12884 90346 2.2: Final Impact Fee Study $7.095 $3527 $2116 $2,116 $14,854 2.3: Meetings (3 person- days) $4,800 $2 $2 $O $4.800 Total $25,000 15 000 15 000 $110,000 Additional services beyond those included in the scope of services may be provided at the following standard hourly rates: James B. Duncan, FAICP—$175; Clancy Mullen —$135, Eric Damian Kelly, Esq., FAICP—$200, Robert Rosenthal —$120, support planning staff —$95. Direct expenses will be limited to travel costs (airfare, hotel, rental car, parking and meals) and direct mail costs. Additional trips may be provided on a time -plus -direct expense basis, or on a flat rate of $2,000 per person -day. Chr & AJ tu) RESOLUTION NO. A RESOLUTION APPROVING THE FIRST CONTRACT AMENDMENT WITH DUNCAN ASSOCIATES IN THE AMOUNT OF $110,000.00 TO UPDATE THE EXISTING WATER AND WASTEWATER IMPACT FEES, TO CALCULATE FEES FOR THE COLLECTION SYSTEM, AND NEGOTIATE CONTRACTS WITH THE CITIES OF ELKINS, FARMINGTON AND GREENLAND TO PAY FOR AND PROVIDE POTENTIAL WATER AND WASTEWATER IMPACT FEES WITHIN THEIR CORPORATE BOUNDARIES; APPROVING A BUDGET ADJUSTMENT AND LIMITING THE CITY OF FAYETTEVILLE'S EXPENDITURES TO AN AMOUNT NOT TO EXCEED $55,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the First Contract Amendment with Duncan Associates in the amount of $110,000.00 to update the existing Water and Wastewater Impact Fees, to calculate fees for the collection system, and negotiate contracts with the cities of Elkins, Farmington and Greenland to pay for and provide potential Water and Wastewater Impact Fees within their corporate boundaries. A copy of the First Contract Amendment, marked Exhibit "A" with its attached exhibits, is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, approves a Budget Adjustment in the amount of $110,000.00. -4n Section 3. That the City of Fayetteville, Arkans s J'"r`lbQexp.i` more than $55,000.00 for its share of costs for this project. 4t By: PASSED and APPROVED SMITH City Clerk day of DAN COODY, Mayor US t Irs- City of Fayetteville, Arkansas C. 7 Budget Adjustment Form Duncan Associates Water and Sewer 2 Budget Year Department: Operations Date Requested I Adjustment Nunfd2Ae 5 of 20 2006 Division: Meter Operations Program: Meter Capital Project or Item Added/Increased: $55,000 is requested in the Professional Services account of the Impact Fee Update - Water/Wastewater capital project. Justification of this Increase: Funding is for a Water/Wastewater Impact Fee Update for the Cities of Fayetteville, Farmington, Elkins, and Greenland. Account Name Professional services Account Name 6/20/2006 roject or Item Deleted/Reduced: $55,000 is proposed from the Contract Services (reimbursement) account in the Impact Fee Update - Water/Wastewater capital project. None. The use of $55,000 from the Use of Fund Balance in the Water & Sewer Fund is proposed. Justification of this Decrease: - $55,000 is the cost share portion coming from the other • cities. The remaining $55,000 is the portion to be paid by the City of Fayetteville. Sufficient funding remains to comply with City policy. Increase Expense Budget (Decrease Revenue Budget) Account Number Amount Project Number 5400 1840 5314 00 110,000 05054 1 Decrease Expense Budget (Increase Revenue Budget) Account Number Amount Project Number Use of fund balance 5400 0940 4999 99 55,000 Contract sery (reimb) 5400 0940 6490 00 55,000 05054 1 Approval Signatures Requested By Date Budget Manager _ Date ent irector .• sE.`,',+.Date.•. Budget Office Use Only Type: A B C D B III Posted to General Ledger Initial Date @sted to Project Accounting Initial Date Finance & Internal Services Director :;:_ .:': Date.'. ' lered in Category Log +''•' Initial Date ' Mayor ... ... 'Date I-. Clarice Pearman - Duncan Associates Page 1 From: Clarice Pearman To: Conklin, Tim Date: 7.19.06 5:02PM Subject: Duncan Associates Tim, The original of your agenda item has been misplaced. I was going through the copy we have of it and I have passed the budget adjustment to Budget & Research. I also noticed that the agreement attached is for 2005. Can you get me a signed agreement for the amendment with the correct date please? Thanks. Clarice CITY OF FARMINGTON 354 West Main Street (479) 267-3865 P.O. Box 150 (479) 267-3411 Farmington, Arkansas 72730 (479) 267-3805 (Fax) July 18, 2006 Mr. Tim Conklin 113 W. Mountain Fayetteville, Ar. 72701 Dear Mr. Conklin, RECEIVED JUL 21 2006 PLANNING DIV. Enclosed is the agreement on the impact fees. Please have Mayor Coody and City Clerk Smith sign it and return a signed copy to us. Sincerely, J n Swift City Clerk WRIGHT & BAKER PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW DANIEL WRIGHT JOHN BARRY BAKER July 19, 2006 Mr. Tim Conklin City of Fay. Planning Director 113 W Mountain Street Fayetteville, AR 72701 130-C NORTH COLLEGE FAYETTEVILLE, ARKANSAS 72701 (479)521-5337 (479) 521 -3627 -FACSIMILE OFFICE MANAGER ANN BAKER _ - Re: City of Greenland -Impact Fee - Agreement with Fayetteville Dear Mr. Conklin: . Enclosed is a copy of Greenland Resolution 07-10-06, and an original -of the two (2) page agreement with Fayetteville concerning the impact fee study with Duncan and Associates. Please provide me a copy of Fayetteville's authorizing legislation and a signed copy of the two (2) page agreement for our files. - Call if there are questions or a problem. Sincerely, Daniel Wright DW/km PC: Hon. William Yoes, Mayor Donna Cheevers, Recorder/Treasurer r girl From: Clarice Pearman To: Conklin, Tim Date: 7.25.06 11:16AM Subject: Res. 125-06 Tim, Attached is a copy of the above resolution passed by City Counci, July 18, 2006. I will forward to you one of two original agreements for Duncan Associates via interoffice mail. Thanks. Clarice CC: Audit