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R2022-128 2022-06-13RESOLUTION NO. R2022-128 A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional services contract for a Water and Wastewater Impact Fee Study Update with Freese and Nichols, Inc., in the estimated amount of $164,872.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain professional services contract, a copy of which is attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for professional services associated with the Water and Wastewater Impact Fee Study Update. PASSED, APPROVED and ADOPTED this the 13th day of June, A.D., 2022. _____________________________ J.KEVIN COLE MAYOR ATTEST: _____________________________ LESLIE CRITTENDEN CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: CEA81C70-2279-4BA4-AA01-0A7E80330E15 DocuSign Envelope ID:A9B71A4B-EDDE-49E8-93F6-6C76DDA18C87 xIhIIbII't A CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Freese and Nichols, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Water and Wastewater Impact Fee Update ("PROJECT"). (Project#N/A) SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall perform the described Professional Services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors Design 1 of 7 D2.Revised 04/2019 DocuSign Envelope ID:A9B71A4B-EDDE-49E8-93F6-6C76DDA18C87 and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. The CONSULTANT shall agree to waive its Right to Subrogation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. Design 2 of 7 D2 Revised 04/2019 DocuSign Envelope ID:A9B71A4B-EDDE-49E8-93F6-6C76DDA18C87 SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end April 30, 2023. SECTION III - CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Basic Services (Lump Sum) $164,872.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Not to Exceed): 3. Bid Phase Services (Hourly Not to Exceed) 4. Construction Phase Services (Hourly Not to Exceed) 5. Reimbursable Expenses (Not to Exceed) 6. Total: $164,872.00 C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. D. CONSULTANT shall invoice for work performed during the preceding thirty day period ("Billing Period"). The Billing Period shall run from the 26th day to the 25th day of each consecutive month. Invoices shall be submitted to CITY not more frequently than once every 30 days. CONSULTANT shall be responsible for timely submittal of all invoices and CONSULTANT shall not be entitled to payment for invoices in arrears. All invoices shall reflect most recent single Billing Period only and represent the true, correct and accurate account of work performed during the Billing Period. E. For an agreed contract amount identified as "Lump Sum", Not to Exceed" and "Reimbursable" the CONSULTANT shall not exceed the fixed contractual amount without written authorization in the form of a Contract Amendment. CONSULTANT shall provide 45 days prior notice to the CITY in the event contract fees may exceed the fixed contract amount. CONSULTANT shall be responsible for ensuring that such authorization is complete and executed by all parties Design 3 of 7 D2 Revised 04/2019 DocuSign Envelope ID:A9B71A4B-EDDE-49E8-93F6-6C76DDA18C87 performing any work or submitting any invoices for work that exceeds the fixed contract amount under any expense category. F. Allowable Reimbursable Expenses CONSULTANT shall identify and include in the proposal any anticipated Reimbursable Expenses, and shall itemize Reimbursable Expenses by work category. Reimbursable Expenses shall be invoiced AT COST without subsequent markup by the CONSULTANT. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per the allowable category. Allowable Reimbursable Expenses include: • Hard copy reproductions, copies and/or binding costs • Postage • Mileage, for travel from Consultant's local office (within a 25 mile radius) to meetings at the City or job-site. Mileage shall be charged at the current IRS rates. • Travel expenses, mileage from local office to State or federal regulatory agency office beyond 100 miles. • Lodging expenses, for destinations beyond 100 miles from the Consultant's local office AND when business hours exceed eight hours within one business day OR requires more than one eight hour day. F.2. Disallowed Expenses Disallowed Expenses include travel expenses for professional expertise traveling into the greater Houston area from Consultant offices outside of the greater Houston area. SECTION IV - THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub- Design 4 of 7 D2 Revised 04/2019 DocuSign Envelope ID:A9B71A4B-EDDE-49E8-93F6-6C76DDA18C87 consultant(s) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. SECTION V - TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -- with or without cause --by delivering written notice to CONSULTANT personally or by certified mail at 11200 Broadway Street, Suite 2320 Pearland, Texas 77584. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum,the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. Design 5 of 7 D2 Revised 04/2019 DocuSign Envelope ID:A9B71A4B-EDDE-49E8-93F6-6C76DDA18C87 SECTION VI— ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII— COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. DocuSigned by: igvelt— i:n�_� ----- -- 6/14/2022 I 3:25 PM PDT -F-g gBa-2-Dc71G423... CITY OF PEARLAND, TEXAS DATE Pi ®u,qrm. w 00 May 17, 2022 CONSULTANT / DATE Design 6 of 7 D2 Revised 04/2019 DocuSign Envelope ID:A9B71A4B-EDDE-49E8-93F6-6C76DDA18C87 House Bill 89 Verification I, Richard Weatherly (Person name), the undersigned representative (hereafter referred to as "Representative") of Freese and Nichols, Inc. _ (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen(18)years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term"boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATI 'E SUBSCRI:ED AND SWORN TO BEFORE ME, the undersigned authority, on this day of ii , 20 4setPod, STEPHANIESTEPHENSON I .) M Notary Public,State of Texas iN �, Comm.Expires 07-17-2023 Notary Public ko p Notary ID 13206985-7 ry Design 7 of 7 D2 Revised /2019 DocuSign Envelo pe ID A9B71A4B-EDDE-49E8-93F6-6 C76DDA18C87 �rr��liAl fr �I���1r.i�AI �r ENG �i � ����� l!IE ?& „� ,, „1 IIIIVOff(fffff(fffffffrffffffff(f(fffffffflfOf�(�Irrr�rrrfrrrr///r�rr�rrrrrrrrrr 1.:1.200 Broadway St,Suite 2320 + Pearland,Texas 77584 + 832-456-4700 + FAX 81.7-7,35-7491. vvvvvv.rua,a,sa:.c:OOn April 27, 2022 ,n,.( Robert Upton Director of Engineering&Public Works I Engineering&Capital Projects City of Pearland 2016 Old Alvin Road Pearland, TX 77581 RE: SCOPE AND FEE PROPOSAL FOR WATER&WASTEWATER IMPACT FEE UPDATE Dear Mr. Upton: Freese and Nichols is pleased to provide the attached proposed scope and fee,Attachment A dated April 27, 2022,to the City of Pearland for a Water and Wastewater Impact Fee Update. We are ready to initiate work upon execution of a contract. If you have any questions,please do not hesitate to callus at(832) 456-4732 or via e-mail at k ^g c'._a;..U ° an )freese,com. Thank you for considering Freese and Nichols; we are looking forward to working with you on this study. Sincerely, Kendall Ryan, PE Associate/Project Manager Freese and Nichols, Inc. Richard Weatherly, PE Principal/Vice President Freese and Nichols, Inc. DocuSign Envelope ID A9B71A4B-EDDE-49E8-93F6-6C76DDA18C87 �n l111111111111Mlru " "u 114, ATTACHMENT A � �. . April 27, 2022 City of Pearland Professional Services for Development of Water and Wastewater Impact Fee Update Scope of Services Project Understanding Texas Local Government Code (TLGC) Chapter 395 requires political subdivisions to update their land use assumptions and water and wastewater impact fee capital improvement plans (CIPs) at least every 5 years.The City of Pearland's current water and wastewater impact fee ordinance was adopted on April 9th, 2018. This Scope of Work addresses the requirements, as per Chapter 395 of the TLGC, for the update of water and wastewater impact fees in Pearland, Texas. This impact fee update will calculate the maximum allowable water and wastewater impact fees for the City of Pearland. A public process facilitated through an Impact Fee Advisory Committee (IFAC)will assist to guide the preparation of the land use assumptions and capital improvement plans as well as provide recommendations to the City Council regarding impact fee collection rates. A public hearing process will conclude the study. The project tasks are broken down as follows in Table 1: Table 1: Water and Wastewater Impact Fee Update Tasks Nal§km. II mil 11, �i'i'>�J�'���l�l�rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr A Data Collection and Coordination Meetings B Develop Land Use Assumptions C Develop Impact Fee Analysis and Public Hearing D Water and Wastewater Impact Fee Analysis, Public Hearing and Report Study Assumptions 1. This water and wastewater impact fee update will apply to the existing City limits and Brazoria County MUD 16 only (excluding the ETJ). 2. FNI will identify impact fee eligible water CIP projects from the 5-year and 10-year water CIP projects developed in the City's 2019 Water Master Plan 3. FNI will identify impact fee eligible wastewater CIP projects from the 5-year wastewater CIP projects developed in the City's 2020 Wastewater Master Plan and from the City's 10-year lift station CIP program. a. FNI will identify any additional impact fee projects within the 10-year planning horizon established in TLGC Chapter 395 based on the wastewater flow projections and the buildout CIP projects identified in the City's 2020 Wastewater Master Plan. 4. FNI will incorporate the recommended alternative from the currently ongoing Water Reclamation Facility Consolidation Study into the wastewater impact fee CIP. 5. FNI will coordinate with the City's planning department regarding the ongoing Pearland2040 comprehensive plan update to identify relevant information to inform the impact fee land use assumptions. DocuSign Envelogple�IID:A9B71A4B-EDDE-49E8-93F6-6C76DDA18C87 �n ATTACHMENT A April 27, 2022 BASIC SERVICES: Freese and Nichols, Inc. (FNI)shall render the following professional services to the City of Pearland (OWNER) in connection with the development of the Project, described as: Water and Wastewater Impact Fee Update. TASK A: DATA COLLECTION AND COORDINATION MEETINGS Al. Project Kickoff Meeting FNI will meet with the City of Pearland (City) staff to review scope and schedule of the project and critical project milestones. FNI will provide and review a data request memorandum outlining data needed for the water and wastewater impact fee update. A2. Data Collection and Review FNI will coordinate with City staff on obtaining data required for the impact fee update, including information on water and wastewater projects currently under design and construction, updated land use assumptions and population and developments information, any update to GIS files, facility information, historical water production data, current facility operational data, and information on water meters and billing, cost data for recently constructed projects, etc. A3. Additional Project Meetings: Up to Two(2) In addition to the meetings included in the scope, FNI staff will be available for up to two (2) additional project meetings with the City to review progress, discuss data needs, and any topics of special concern. TASK B: DEVELOP LAND USE ASSUMPTIONS 131. Develop Impact Fee Land Use Assumptions FNI will utilize information from the City's 2019 Water Master Plan, 2020 Wastewater Master Plan, and the latest comprehensive plan information to develop 10-year and buildout impact fee assumptions. B2. Develop Service Unit Projections FNI will utilize the future population projections and the projected land use to calculate the 10- year growth in service units and the projected number of buildout service units. FNI will review and update, if necessary, the equivalency factors for commercial, multi-family, and industrial connections as compared to a single-family connection. B3. Meet with the City to Review Population, Land Use Assumptions,and Service Unit Projections FNI will meet with the City to discuss the impact fee land use assumptions and service unit projections. City comments will be solicited and addressed. TASK C: DEVELOP IMPACT FEE CAPITAL IMPROVEMENTS PLAN Cl. Identify Existing Water&Wastewater Improvements Eligible for Impact Fees FNI will review water and wastewater improvements completed since the 2018 Water and Wastewater Impact Fee Update and determine which projects are still eligible for future cost recovery from growth. The City will provide updated/actual costs of constructed projects or projects currently under design. DocuSign Envelogple�IID:A9B71A4B-EDDE-49E8-93F6-6C76DDA18C87 �n ATTACHMENT A April 27, 2022 C2. Identify Proposed Water Improvement Projects Eligible for Impact Fees a. FNI will identify impact fee eligible water CIP projects from the 5-year and 10-year water CIP projects developed in the City's 2019 Water Master Plan and the land use assumptions developed as part of Task B. b. FNI will update the cost estimates for identified projects to 2023 dollars or utilize actual bids for projects in construction. c. Maps will be prepared showing the proposed water capital improvements plan projects to be included in the impact fee calculation. C3. Identify Proposed Wastewater Improvement Projects Eligible for Impact Fees a. FNI will identify impact fee eligible wastewater CIP projects from the 5-year wastewater CIP projects developed in the City's 2020 Wastewater Master Plan and from the City's 10-year lift station CIP program. b. FNI will identify any additional impact fee projects within the 10-year planning horizon established in TLGC Chapter 395 based on the wastewater flow projections and the buildout CIP projects identified in the City's 2020 Wastewater Master Plan and the land use assumptions developed as part of Task B. c. FNI will update the cost estimates for identified projects to 2023 dollars or utilize actual bids for projects in construction. d. Maps will be prepared showing the proposed wastewater capital improvements plan projects to be included in the impact fee calculation. C4. Meet with City to Review Existing&Proposed Water and Wastewater Projects Eligible for Impact Fee Analysis FNI will meet with the City to review existing and proposed water and wastewater system improvements identified to be included in the impact fee analysis and the associated project costs. City comments will be solicited and addressed. CS. Present Land Use Assumptions and Capital Improvement Plans to Impact Fee Advisory Committee Following review by City Staff, FNI will develop presentation materials and conduct one presentation of the Land Use Assumptions and Water and Wastewater Impact Fee Eligible Capital Improvement Plans (CIPs)to the Impact Fee Advisory Committee. TASK D:WATER AND WASTEWATER IMPACT FEE ANALYSIS, PUBLIC HEARING AND REPORT D1. Calculate Water and Wastewater Costs Eligible for Impact Fee Cost Recovery FNI will calculate the portion of the water and wastewater capital project's costs eligible for impact fee cost recovery based on the portion of the project's capacity required to serve growth in the 10-year planning period. D2. Meet with City Finance Staff and Calculate Maximum Allowable Impact Fees a. FNI will calculate the maximum allowable water and wastewater impact fees based on the existing and proposed capital improvement costs to support 10-year growth conditions. Per TLGC §395.014 and §395.015, FNI will perform an analysis to determine the credit based on utility service revenue that should be included in the calculation of the maximum allowable impact fee. b. FNI will meet with City finance staff to discuss the credit analysis and collect data needed to perform the credit analysis. DocuSign Envelogple�IID:A9B71A4B-EDDE-49E8-93F6-6C76DDA18C87 �n ATTACHMENT A April 27, 2022 D3. Update Service Unit Equivalent Factors FNI will update the service unit equivalent (SUE) factors table from the 2018 Water and Wastewater Impact Fee Update report based on comparisons with other Cities and any updates identified by City staff. D4. Benchmark Water and Wastewater Impact Fees FNI will obtain the water and wastewater impact fees from similar cities and prepare graphics showing comparisons with Pearland's maximum allowable impact fee. D5. Meet with City to Review Impact Fee Analysis Results FNI will meet with the City to review the maximum allowable impact fee analysis and the benchmark data showing comparisons with Pearland's maximum allowable impact fee. D6. Develop Draft Water and Wastewater Impact Fee Update Report FNI will prepare a Draft Water and Wastewater Impact Fee Update Report showing land use assumptions, water and wastewater impact fee eligible capital improvement projects and costs, and maximum allowable water and wastewater impact fees. An electronic PDF copy will be submitted to the City for review. D7. Present Impact Fee Analysis Results to Impact Fee Advisory Committee Following review by City Staff, FNI will conduct one presentation of results of the water and wastewater impact fee analysis results and recommendations to the Impact Fee Advisory Committee. D8. Develop Presentation and Attend Public Hearing on Land Use Assumptions,CIPs and Impact Fee Calculations Per TLGC §395.054, "A public hearing must be held by the governing body of the political subdivision to discuss the proposed ordinance, order, or resolution amending land use assumptions, the capital improvements plan, or the impact fee." FNI will develop a presentation for the public hearing summarizing the land use assumptions, water and wastewater CIPs, and impact fee calculations. FNI will attend the public hearing on impact fees and be available to answer questions. Any costs associated with City of Pearland public hearing notices are not included in this contract. D9. Finalize Impact Fee Update Report FNI will incorporate City comments and prepare a Final Water and Wastewater Impact Fee Update Report and deliver an electronic PDF copy to the City. The final report will include a copy of the adopted ordinance updating the water and wastewater impact fees. Summary of Meetings • Project Kickoff Meeting • Meet with City to review population, land use assumptions, and service unit projections • Meet with City to Review Existing & Proposed W/WW Projects Eligible for Impact Fee Analysis • Meet with City Finance Staff • Meet with City to Review Impact Fee Analysis Results • Additional Meetings: • Up to two (2) additional coordination meetings with City staff DocuSign Envelogple�IID:A9B71A4B-EDDE-49E8-93F6-6C76DDA18C87 10 ATTACHMENT A April 27, 2022 Summary of Presentations • Two (2) Presentations to Impact Fee Advisory Committee (IFAC) • One (1) Public Hearing on Land use Assumptions, CIPs, and Impact Fees Summary of Deliverables • Draft Water and Wastewater Impact Fee Update Report • Final Water and Wastewater Impact Fee Update Report Schedule • Draft Water and Wastewater Impact Fee Report—300 days after NTP • Final Water and Wastewater Impact Fee Report—after adoption of the updated impact fees Summary of Fee for Engineering Services FNI will perform the basic services outlined in the above sections for a total lump sum fee of$164,872. A breakdown of the proposed fee is shown in Table 2. Table 2: Proposed Basic Services Fee for Water and Wastewater Impact Fee Update goopypoponnommonnommonnommonnommummolownwoommonnom A Data Collection and Coordination Meetings $15,311 B Develop Land Use Assumptions $26,149 C Develop Impact Fee Analysis and Public Hearing $50,631 D Water and Wastewater Impact Fee Analysis, Public Hearing and Report $72,781 Total Lump Sum Fee $164,872 Fd 0 0) N 0 oO ,- 0) N 0 O) LL) CO ,- O) N N CO N 0 V N N N N N ,- NV r E, CO V ; Cv 0) CO cO0 0) vN N 0 V0) v If-) If-) Lm LmU O N cO0 Ov) CO0) N N u mn O CO U - 0 � N N NNN CO CO CO NN N CO CO � V` m Co c O A ~ O F y m V J m 0 I co - m N V . 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Z0i53 - yu E .2a Y - v -45Owav avn ^ E5s � '4sE ' z -vems1a " 3c O no- 0a :Z:Z LLmEn;Z LL LL - n _ r. 3 a ELL' « _c 0 oF u WmWmm ro -0 ro «-0m u ° m v• Hmrou ro -0ro 'J .L.' � w w m a ' mD LLa +' i y y D a D a 0 0 0 0 O O v 211: u2 v E `o A h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h m A a m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m i m N a a mmNm m ullN m a i° DoN 8888888 F E 8 0 0 0 0 D ocu ignEnveope 9;-Eto 8- - C87 lui uoA / W ater A Id act Fee Update ) /��om �/��/%// Dr ft Project Schedule 1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1IoI auLittu 11m111,; ,,., h1111111, Project Kickoff Meeting June 2022 City Staff, FNI Meeting with City Staff- Review Population, Land Use Sept 2022 City Staff, FNI Assumptions, And Service Unit Projections Meeting with City Staff- Review Existing& Proposed Dec 2022 City Staff, FNI Water/Wastewater Projects Eligible for Impact Fee Analysis IFAC Workshop No. 1—Present LUA and W/WW Impact Fee CIP Dec 2022/ IFAC,City Staff, FNI Jan 2023 Meeting with City Finance Staff Dec 2022 City Staff, FNI Meeting with City Staff- Review Impact Fee Analysis Jan2023 City Staff, FNI Draft Report to Staff—W/WW Impact Fee Report Feb 2023 FNI Impact Fee Report Available to Public Feb 2023 FNI,City Staff Advertise for Public Hearing Feb 2023 City Staff Resolution for Public Hearing for Impact Fees Feb 2023 Council,City Staff (Within 60 days of receiving LUA and CIP update) IFAC Workshop No. 2—Present W/WW Impact Fee Analysis Mar 2023 IFAC,City Staff, FNI IIIFAC Sulhrrmirts Written CorrIrrlenfts to Council re: lIrrIpact (Fees IPVllalr 2023 IIIFAC (Before the fifth business day before the public hearing date) PUBLIC HEARING—Land Use Assumptions,W/WW CIPs,and Impact Fees Mar 2023 Council,City Staff, FNI COUNCIL—Adopt Ordinance Updating Impact Fees (Within 30 days of Public Hearing) Final Report to Staff—W/WW Impact Fee Report April 2023 FNI LUA= Land Use Assumptions IFAC= Impact Fee Advisory Committee Council Meetings:2"d/4t"Monday P&Z(IFAC)Meetings:1st/3rd Monday IFAC/Council Deliverable Action