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HomeMy WebLinkAboutResolution No. 2008-17RESOLUTION NO. R2008-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, ACCEPTING A PROPOSAL FROM CLAUNCH AND MILLER TO UPDATE THE CITY'S LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENT PLAN, AND IMPACT FEES FOR WATER AND WASTEWATER UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE, AND THE CITY SECRETARY TO ATTEST, AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF FRIENDSWOOD (CITY) AND CLAUNCH & MILLER, INC., ENGINEERING CONSULTANTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. That a proposal from Claunch & Miller, Inc. to update the City's land use assumptions, capital improvement plan, and impact fees for water and wastewater utilities is approved, for an estimated fee of not to exceed $40,000. Section 2. That the Mayor and City Secretary are authorized and directed to execute and attest, respectively, the Professional Services Agreement with Claunch & Miller in substantially the same form as is attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED, APPROVED, AND RESOLVED this 18`h day of February 2008. V David J. H. Smith Mayor ATTEST: 0* 0 4 K tauj�a 04- a Melinda K. Welsh Deputy City Secretary ,e 00405-1 City of Friendswood Approved: November 6, 2007 CITY OF FRIENDSWOOD PROFESSIONAL SERVICES STANDARD CONTRACT AGREEMENT FOR ENGINEER entirely by the ENGINEER shall be performed as Additional Services. A. BASIC SERVICES 1. Meet with staff to review the status of previously defined capital improvement projects and proposal Capital Improvement Plan (CIP) developed since the last update and any required additions or changes topevieu defit�`e`d .,,.areas. 2. O t in cost d r co lete projects d fied in the CIP and apdated st s r"" u is and Coss. Rev the servic it assumptions �` sting cent water 4� and wastq*4 ata 46 s4rn r s of residential, crnerc�al;;`.rrdual� �n a "hjr types o ve ment: -d. 4. Renew tl po latian `r 'ections Ip utded n the 2003 update and t e gr wt refrd U"' d x- rMjts," water meter Data d.. r s rc r ed o f CIT P ide the proj®ced 19crease ui erie a ` spat for the planiyg errod b ed in rrapa a cal lation 5141f, Re s vements Pla sk a d linpact Fe s updated 003. 6. Review Surface, t an and. Wastewater Treatme 't Plan for the entire Cl j b e city-wide Impact Fee Compone s associated with the se elements.,' 7. Convene the Cap'" ent Plan and Impact Fee Advl'` ory ain input in,,,, o (2) r rn. 8. Prepare se Assumptlp Capital Improvemen r.. k "aximum Allowable ees. 9 � -`.Review the pd L i -� U �"" � _mptions, Capital Improvements PlatQand Impa eea fruit a Capital "1 pfovements Plan and Impae ee: Advisory Committee ,,,a incorporate required appropriate c anges.kt°it' anticipated to occur in one (1) meeting. 10. Coordinate and participate in the public hearing process required for adoption of the updated Land Use Assumptions, Capital Improvements Plan and Impact Fees. 00405-2 City of Friendswood Approved: November 6, 2007 CITY OF FRIENDSWOOD STANDARD CONTRACT AGREEMENT PROFESSIONAL SERVICES FOR ENGINEER 11. Provide required revisions to the report and participate in presenting the updated Land Use Assumptions, Capital Improvements Plan and Impact Fees to the City Council for action. This presentation is anticipated to occur in one (1) meeting. 12. The CITY will absorb all costs for publication of all public notices and conducting all hearings. *0111 13. The Ct�TY' ii1[ provide the ENGINEER e Ilowing: Most r ce6, a ti to as prepared by others f a ���y y b r consum too r VALand -was#einrate to for, last three w, ( years 00405-3 City of Friendswood Approved. November 6, 2007 CITY OFFRIENDSWOOD PROFESSIONAL SERVICES STANDARD CONTRACT AGREEMENT FOR ENGINEER B. ADDITIONAL SERVICES All work performed by ENGINEER at request of CITY which is not included in the Basic Services defined above, shall constitute Additional Services. Unless included in said Basic Services, Additional Services may include but are not limited to the following- 1. Appr'tees before regulatory agencil . ., ft H, 2.ssisanc� t e a xjVitness,,,jhay litigation with thin arti asin from # e e f the up ted study. 4. F authorized by C .NGINEER shall proceed ii 1 a'ssignme specificalP Nefformance of the services ca zne rsas►c services, wan comps, ion ifh'in 180 cale causes ou'l the ntroJ of EN uent work, oZ an au# oriietion by INEER mall" imme ;, b"mit to CITYI '' writing ev�dtnce�of delay sa le discretion,,," on which an exes[on<of time equal " ' �f delay, if approved the CITY, shall be"" rated in writing IV. INFORMATIO ND SERVI� Td4 $6�4y� Q ENOtII EER 1001111 It is agreed that the CITYIf fur,withou#�ucharge, for the purpose of the Contract, information, data, reports, records, and maps as are existing, and available, for the carrying out of the work of the ENGINEER as outlined under "Scope of Services"; provided, however, the CITY makes no representation or warranty regarding the reliability of any such information, data, reports or maps. The CITY its agencies shall cooperate with the ENGINEER and will, to the fullest extent reasonably practicable, facilitate the performance of the work described in 00405-4 City of Friendswood Approved. November 6, 2007 00405-5 City of Friendswood Approved: November 6, 2007 CITY OF FR/ENDSWOOD PROFESSIONAL SERVICES STANDARD CONTRACT AGREEMENT FOR ENGINEER VIII. INSURANCE All insurance shall be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by CITY. The ENGINEER shall, at his own expense, purchase, maintain and keep in force insurance that shall protect against injury and/or damages which may arise out of or result from operations under this con ao h' l pptions be by himself or by any F n subcontractor or byione directly or indirectly errip d by any of them, or by anyone for whtaae acfs any of m y liable, -of, following types and limits (no i rance po 'cy e . a f i rr 6 urred yaw shall contain any agg gate ; "cy ar�rnr unless a- p la amo t' (or specific forma fcr dete g, a sped rc liar "am,ount) .a e� folic ear limit is avwr e.2a.�as "�i-L��Y .l+Wl`o e. •. r. �r -� fe. a.fa.... ..M...M .... Ll.:°s� ....:..L:... d... . r of C Commercia le Liabili lnsuranc-y ing owned; t - noowned and hired vehicl 1 Minimum cotin�e. d single imit�f $500,000 per.A�rccurrence for aodilyinjuryndpe,} d age Ws*: 2. If ind 4pl- limits are provided, minimus `limits are $300,000 per person, $50(�; pe ` . urren,e of bodily injury and $100,000 per occurrence for property damage. D. Contractual Liability Insurance covering the indemnity provision of this contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location. 00405-6 City of Friendswood Approved. November 6, 2007 CITY OF FR/ENDSWOOD STANDARD CONTRACT AGREEMENT IX. PROFESSIONAL SERVICES FOR ENGINEER E. ENGINEER also agrees to maintain Professional Liability Insurance coverage of $250,000 minimum per occurrence/claim/policy year aggregate limits to protect the CITY against damages arising from the ENGINEER'S negligent or wrongful act or omission in the performance of services under this Contract. Coverage shall continue for a minimum of two (2) years after the ENGINEER'S assignment under this Contract is completed. Additionp1wFfeit�fa,' Insurance required is $-0-. The ded=ss n the poi�,cy for Profe�ssiona bility shall not exceed $ 25,000 ued H pr d the CITY. k E INEE sha cai� N�GI . E . comps or insurance the CERTTF1 this.C. , and. re.;i y spe, of ovi exce NIA palie " haI' (15) days pr shall also fil+ like form froi as the Insur( shall in any execution of C,' ne ins aid shall Itire, or )n any res .. pr Sa I�Tf ICATE 'or ate ded undei not be led unles . t least fif A "�� ENGINEER s use and emplc invent of %P8,Q$S( nable skill an i ession in the desig , drawings, , specification b�#a, re ort designation, of aterials and equipent provid BEN ,� the ProjectAovered by this Contract � provaf by STY shall o constituto nQ�e deemed a release or waiver of"t esponsibility and liabifity,60fNGINEER for the accuracy and competency "oftucf:jjs .drag gs, plans, specifications, data, reports and designation of materials and equipment. Contractor shall be responsible for the actual supervision of Construction operations and safety measures involving the work, his employees and the public, but the ENGINEER, on behalf of the CITY, shall advise the Contractor of any items requiring the attention and action of the Contractor. 00405-7 City of Friendswood Approved. November 6, 2007 CITY OF FRIENDSWOOD STANDARD CONTRACT AGREEMENT PROFESSIONAL SERVICES FOR ENGINEER E GIN'EER shaft the re u►rements a. icable laws,,r s, and r E. �g6lations in connec. EER and shah'' overate, indemh*fy and hold harm ers, agents and- ' employees from an nd all,liabili I or dama a arisi out of non comp lice with such Laws, rules"and regulatio ts, 1 rkho im do ENGINE all assume full responsibility for�ayments ofed tate and LocalAt es or contributions imposed or required -rider the Social Securaty; Wer's Compensation, and Income Tax Laws with rest=ta ,EE'S`mployees. Further, ENGINEER shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from any and all liability, loss, damages, expenses or claims arising out of any negligent or wrongful act or omission of ENGINEER, its officers, agents and employees in connection with any of the work performed or to be performed under this Contract by ENGINEER or as a result of ENGINEER'S failure to use and employ reasonable skill and care befitting the 00405-8 City of Friendswood Approved. November 6, 2007 CITY OF FRIENDSWOOD PROFESSIONAL SERVICES STANDARD CONTRACT AGREEMENT FOR ENGINEER profession in accordance with Paragraph 9 of this Contract. Further, ENGINEER shall exonerate, indemnify and hold harmless the CITY, its officers, agents, and all employees from any and all liability, loss, damages, expenses or claims for infringement of any copyright or patents arising out of the use of any plans, design, drawings, or specifications furnished by ENGINEER in the performance of this Contract. The foregoing indemnifica ' tisiinshalla ,pr to ENGINEER regardless of whether or not saidiity, lass, damages, expense's,o claims is caused in part by a party indeified hereu d y XI. ADDRE OFW IC IC C .- �r� w�iCINEh1 Y� TYOF FkNC}�1fb; �. nth Ma In 910 S. Friendswood a �� S�r�#� reeway, Suite l�Q©0 Friendswood; Texa Houston,X 77.07169 Attn- Moc;, rr, T, , IGP Att JamesTf omps0n,:PE, CFM'' Title: Qei�jr pal ar o C. Tip rtor Proe irector Kx 4 All notic comun ions r this tree hall' ailed, or delivered to CITY and ab' „. XI CAPTIONS Each paragraph of this Contract ' lied with a .caption to serve on . as a guide to the contents. The "` es not control ,the meaning of .a y Paragraph or in any way def ermn , retation or application. XI11. SUCCESSORS AND ASSIGN CITY and d their succ /sors executors, adminis d assiegn&-,to the of of this Contra of and to the ccessors, exec ns` of such othg party, in respe to all covenants o ..as above, neither x8e CITY nor the EN EER shall assi ' , suktlet,,or transfe interest in this Contract without the written bansent,of th oth" N� iin , ';e -/s shall be co Strued as creating any personal I�abalfty on the pof a ier or agent cif; public body which may be a party herei �z XIV. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the ENGINEER shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the ENGINEER shall violate any of the covenants, agreements, or stipulations of this Contract, the CITY shall thereupon have the right to terminate this Contract by giving written notice to the 00405-9 City of Friendswood Approved: November 6, 2007 CITY OF FRIENDSWOOD PROFESSIONAL SERVICES STANDARD CONTRACT AGREEMENT FOR ENGINEER ENGINEER of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, survey, drawings, maps, models, photographs, and reports prepared by the ENGINEER under this Contract shall become the property of the CITY, and the ENGINEER shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above u NGIIER-shall not be relieved of liability to the CITY for damagesto ed':bydithe CITY by virtue'apy breach of the Contract by the ENGINE and, the , I a ith Id any payr�t'to the ENGINEER for the purpose of Seto u u i s e' N mount odamages due the 0 CITY frothe E NE , i t�rmined. r`" XV. TE INATI>� F CONY THE "CITY 7e')CITY may terra F . entrain any time, b. ng, at least thirty (30) ays notice in writing t (e- GIN -EI=2 If the Contract is erminated by the t✓ITY provided tfi E GtNE fil paid fQr the time provided and11 C. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 00405-10 City of Friendswood Approved: November 6, 2007 00405-11 City of Friendswood Approved: November 6, 2007 00405-12 City of Friendswood Approved: November 6, 2007 CLAUNCH i, MILLER, INC. ineering Consultants January 22, 204 r. Les McMahen, P.E. Community Development Director City of Friendswood 910.S. Friendswood Drive Friendswood, Texas 7754E Re: 2009 Proposal to Update the City's Land Use Assumptions, Capital Improvements Plan, and Impact Fees for Water and Wastewater Utilities Dear Mr. McMahen: Enclosed please find our agreement and proposal to update the City of Friendswood's Land Use Assumptions, Capital Improvements Plan and Impact Fees for Water and Wastewater Utilities. I£ you have any questions, please call me. Sincerely, CLAUNCH &MILLER., INC. James. E. Thompson, P.E., C.F.M. Senior Prpject Director 4635 Southwest Freeway, Suite 1000 Houston, Texas 77027-7169 * 713-622-9264 • Fax 713-622-9265 January 22, 2008 Mr. Les McMahen, P.E. Community Developme CLAUNCH & MWUR, INC. Engineening Consultants ATTAC14MENT "A" Director ►-Icy ul rnullusWum ,910, S. Friendswood Drive Friendswood, Texas 77546 Re.: Fee Proposal for the 2008 City of Friendswood Land Use Assumptions, Capital Improvements Plan and Impact Fee Study Dear Mr. McMahen: Claunch & Miller, Inc. (CMI) is pleased to submit this fee proposal to provide engineering services for the referenced project. DESCRIPTION OF PROJECT Perf'ott'n an update of the City of Friendswood's water and wastewater Land Use Assumptions, Capital Improvements Plan. and Impact Fee Calculation within the corporate limits of the City of Friendswood and associated service areas. The update task will be based upon review of the original Impact Fee Study of 1990 and subsequent updates as well as input from City Staff as to status of previous capital improvement projects and the development of additional capital improvement projects within the designated improvement areas and input. from the Impact Fee Advisory Committee for the project. The following tasks outline the anticipated scope,: SC!QPF,-'Basic Services I. Meet with staff to review the status of previously derined capital improvement projects and proposed Capital 'Improvement Plan(CIP) developed since the last update and any required additions or changes to previously defined service areas. 2. Obtain cost data for completed projects identified in the CIP and updated estimates for future projects and costs. 3. Review the service unit assumptions by evaluating recent water use and wastewater flow data from sample areas of residential, commercial, industrial, and other types of development. 4635 Southwest Freeway, Suite 1000 * Houston, Texas 77027-7169 - 713-622-9264 - Fax 713-622-9265 4. Review the population projections provided in the 2003 update and review the growth records from building permits, water meter data and other sources provided by the City. Provide the projected increase in equivalent service units anticipated for the planning period to be used in the impact fee calculation. 5. Review the Land Use Assumptions, Capital Improvements Plan and Impact Fee Ordinance for the City of Friendswood as updated in 2003. 6. Review Surface Water Supply Plan and Wastewater Treatment Plan for the entire City to revise city-wide Impact Fee Components associated with the costs of these elements. 7. Convene the Capital improvement Plan and Impact Fee Advisory Committee to discuss the proposed update and gain input in two meetings. 8. Prepare Report with updated Land Use Assumptions, Capital Improvements Plan and proposed Maximum Allowable Fees. 9. Review the updated Land Use Assumptions, Capital Improvements Plan and Impact Fees with the Capital Improvements Plan and Impact Fee Advisory Committee and incorporate required appropriate changes. This review is anticipated to occur in one (1) meeting. 10. Coordinate and participate in the public hearing process required for adoption of the updated Land Use Assumptions, Capital Improvements Plan and Impact Fees. 11. Provide required revisions to the report and participate in presenting the updated Land Use Assumptions, Capital Improvements Plan and Impact Fees to the City Council for action. This presentation is anticipated to occur in one (1) meeting. 12. The City of Friendswood will absorb all costs for publication of all public notices and conducting all hearings. 13. The City of Friendswood will provide Claunch & Miller, Inc. the following: ■ Most recent land use assumption data as prepared by others. ■ Recent (last 3 years) water consumption and wastewater flow data. ■ Estimated improvement requirements for the subject area. ■ Financing assumptions for Capital Improvement Plan projects. ■ Costs associated with water supply and wastewater treatment. ■ Anticipated Equivalent Service Unit Growth of which the City is aware. ■ All ordinances relating to impact fees. ■ Copies of any required prior impact fee studies. ■ Any required data files of current mapping. 13. Meetings - Other than general coordination meetings with City staff, this proposal anticipates the number of official meetings will be limited to the following: 2 meetings - Meetings with the Capital Improvement Plan and Impact Advisory Committee. 1 meeting - Public Hearing for Presentation and Review with the Capital Improvements Plan and Impact Fee Advisory Committee. I meeting - Presentation to City Council In the event additional presentations, public hearings or meetings are required, such meetings will be considered additional services. 14. Additional Services - Additional tasks added to the Scope of Services will be billed on a "time and materials" basis. Such services will not be performed or invoiced until authorized by the City of Friendswood. FEE The estimated fee -for the basic services outlined above is not to exceed $40,000 and will. be billed on a "time and materials" basis. All reimbursable expenses will be charged at cost plus 10%. All labor will be charged at actual direct salary cost times an overall multiplier of 3.05 to cover burden, overhead, and profit. Any authorized additional labor services shall be billed on an hourly basis at direct salary cost times a multiplier of 3.05. Claunch & Milter, Inc. (CMI) appreciates the opportunity to perform this work of the City of Friendswood. If you have any questions, please give me a call. Sincerely, CLAUNCH & MILLER, INC. James E. Thompson, P.E., C.F.M. Senior Project Director