R2002-0183 11-25-02 RESOLUTION NO. R2002-183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH WILBUR SMITH ASSOCIATES FOR
CONSULTANT SERVICES ASSOCIATED WITH THE ANALYSIS AND
DEVELOPMENT OF A TRAFFIC IMPACT FEE ORDINANCE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That certain Contract by and between the City of Pearland and Wilbur
Smith Associates, 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 the original of the attached Contract for and on behalf of
the City of Pearland.
PASSED, APPROVED and ADOPTED this the 25th day of November , A.D.,
2002.
TOM REID
MAYOR
ATTEST:
NO' /
C~ S~RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
Exhibit "A"
R2002-183
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Wilbur Smith Associates (hereinafter "Engineer") as follows:
1. Summary of Contract Terms. The following Information and referenced documents
shall be a part of this Contract:
Description of Project:
impact fee ordinance.
Preliminary investigation and development of a traffic
Engineer/Subconsultant(s) Fee Basis of Compensation
Wilbur Smith Associates $57,000 Lump Sum
Olson & Olson $23,000 Lump Sum
Maximum Contract Amount $80,000
* All financial obligations created by this agreement are between the City and
Engine. er, and shall not be construed to be between City and any subconsultant.
Completion of Phase I:
Completion of Phase II (if authorized):
Four months
Eleven months
Attachments: Scope of Services - Exhibit A
Project Schedule - Exhibit B
2. Services and Payment.
Engineer shall perform services within the Standard of Care of the Engineering
profession as follows:
A. Engineer will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for the services of Engineer shall be due
and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Engineer shall specify the basis of
compensation in the scope of work for the project. The Engineer shall provide adequate
detail of the basis of compensation so that the City can determine the reasonableness
of the fees and have the ability to make reasonable progress payments to the Engineer
based upon work completed at the payment intervals. The Engineer shall subcontract
for all subconsultants, subject to City approval, necessary to complete the scope of
work. The subconsultant's fees and administrative mark-up, if any, shall be included in
the scope of work. Unless otherwise agreed upon, the method of compensation shall
be one of the following methods:
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
of the Engineer's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Engineer for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. The Engineer shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior City
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Engineer shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Engineer.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
5. Percent of Construction ("Percent")
Compensation shall be based upon 1) the "Harris County Curve for
Engineering Compensation" for basic and construction phase services;
and 2) reimbursement for direct nonsalary expenditures and subconsultant
contracts as defined in the scope of work for the project. The Engineer
shall provide a proposal that includes the estimated construction cost of
the project and the total fees for the project. If the actual Iow bid for
construction is 20% above or below the estimate, the engineering fees are,
subject to equitable adjustment by mutual agreement of the Engineer and
City.
If City fails to make any payment due Engineer for services and expenses within
thirty (30) days after receipt and approval of Engineer's statement for services therefore,
the amounts due Engineer will be increased at the rate of one percent (1%) per month
from said thirtieth (30t~) day, and, in addition, Engineer may, after giving seven (7) days'
written notice to City, suspend services under this Contract until Engineer has been paid
in full, all amounts due for services, expenses, and charges.
B. All the Engineer's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed, and complete so that competitive
bids for the work can be obtained and the improvements constructed.
C. Approval of the Engineer's work by the City shall not release the Engineer, its
employees, agents, or consultants, from the responsibility and liability for the accuracy
and competency of their designs, working drawings, and specifications, or other
documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E. P¢ior to execution of this agreement, the Engineer shall prepare a project
schedule identified as an attachment to this agreement and submit it for review within
15 calendar days after receiving a Notice-to-Proceed. The Project Schedule shall be
sul~mitted in digital and p'aper form, in the Microsoft Project for Windows format. The
Project Schedule shall contain a complete schedule so that the Engineer's scope of
services under this contract can be accomplished within the specified time and contract
cost. The Project Schedule will provide specific work sequence and definite review
times by the City and the Engineer of the work performed. If the review time should
take longer than shown on the project schedule, through no fault of the Engineer,
additional contract time may be authorized by the City through a supplemental
agreement, if requested by a timely written request from the Engineer and approved by
the City.
3. Term and Termination. This Contract term will begin upon execution and end sixty
days after issuance of the certification of completion of construction by the Engineer.
The City may terminate this Contract at any time during its term by giving written notice
to Engineer. The City shall pay the Engineer for all services rendered to the date of
termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Engineer's cost of, or the time required for, the performance of
any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
5. Subcontracts. If, for any reason, at any time during the progress of providing,
services, City determines that any subcontractor for Engineer is incompetent ore
undesirable, City will notify Engineer accordingly and Engineer shall take immediate
corrective action, which may include cancellation of such subcontract. Subletting by
subcontractors shall be subject to the same regulations. Nothing contained in the
Contract shall create any contractual relation between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Engineer's fees for services. Engineer may retain
copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or
to Engineer's independent associates or consultants, and City shall indemnify and hold
harmless Engineer. and Engineer's independent associates and consultants from all
claims, damages, losses, and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle Engineer to further
reasonable compensation. Engineer may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and
without liability or legal exposure to City, and Engineer shall indemnify and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Insurance.
A. The Engineer shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and
omissions relating to the performance of any work by the Engineer, 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
4
EXECUTED and EFFECTIVE as of the
CITY OF PEARLAND
Bill Eisen
City Manager
__ day of '~--~.~" ,20 0&.
~it~;r %1~,;(~. ,/~s.~,r..i,~.~j.LT~z..' Engineer
Printed Name:
Title:
STATE OF TEXAS §
COUNTY OF ~'~f,~ ~ ,~r-,~-. §
~_~. BEFORE ME, the undersigned Notary Public, on this day personally appeared
,// . ~.~ ~ , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
Of /'~/0 v'~,'~b.~-- , A.D., 20
DAY
PERLA N. LEHMAN
Not~ Public, State of T~
'Commission Expires:
APRIL 2, 2005
STATE OF TEXAS
COUNTY OF ~-'~Af'r
STATE OF TEXAS
Printed Name: '~4../'/<..
My Commission Expires: .~,.-,'/
BEFORE ME, the undersigned' Notary Public, on this day personally appeared
~0~r~ ~. ~;~¢L~'~kec,_~t.~ .~"~¢., known to me to be the person whose name is subscribed to
the foregoing instrument ~nd acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS )1'~ DAY OF
t~ _~j~ , A.D., 20
STATE OF TEXAS
Printed Name: //~,,'~_,q
My Commission Expires:
October 30, 2002
Mr. Alan Mueller
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581 - 5416
Re: Pearland Traffic Impact Fee Ordinance
C{)NOSIIST~
Wilbur. Sm ith Associ/ates
9800 Richmond Ave., Suite 400
Houston, TX 77042-4521
(713) 785-0080
Fax (713) 785-8797
www.wilbursmith.com
Dear Mr. Mueller:
We are pleased to submit this proposed scope and cost estimate to provide professional
transportation planning services related to the potential development of a Traffic Impact Fee
Ordinance in Pearland. This submittal incorporates your review' comments on our draft
scope/fee dated October 2, 2002.
SCOPE OF SERVICES
This project will be performed in two phases. The first phase will include preliminary
investigations regarding the interest and viability of establishing a traffic impact fee in Pearland.
The second phase will consist of completing the required analyses and actual development a
Traffic Impact Fee Ordinance for adoption by the City of Pearland.
Phase 1 - Preliminary, Traffic Impact Fee Investigations
This phase will include the following work efforts:
· Conduct up to two meetings with appropriate City staff to discuss study purpose,
objectives, data needs, and issues regarding Traffic Impact Fees.
· Identify Cities in Texas and other States currently using traffic impact fees. Survey
representatives of approximately five of these cities comparable to Pearland to ascertain
their positive and negative experiences, related issues, and service units being used for
their traffic impact fee.
· Identify purpose, legal requirements, benefits, pros/cons, potential pitfalls, lessons
learned and other considerations regarding traffic impact fees.
· Attend workshop and/or make presentation to City Council regarding the use, pros/cons
and legal requirements of an impact fee.
Albany NY, Anaheim CA, Atlanta GA. Baltimore MD, Bangkok Thailand, Burlington VT, Charleston SC, Charleston WV. Chicago IL. Cincinnati OH, Cleveland OH
Columbia SC. Columbus OH. Dallas TX, Dubai UAE. Falls Church VA, Greenville SC, Hong Kong, Houston TX, Iselin NJ. Kansas City MO. Knoxville IN
Lansing ML Lexington KY, London UK, Milwaukee WI, Mumbai India. Myrtle Beach SC, New Haven CT. Orlando FL. Philadelphia PA, Pittsburgh PA, Portland ME
Poughkeepsie NY, Raleigh NC. Richmond VA, Salt Lake City UT, San Francisco CA, Tallahassee FL, Tampa FL, Tempe AZ. Trenton NJ, Washington DC
Employee-Owned Company
Mr. Mueller
October 30, 2002
Page 2
· Submit a technical memorandum to the City summarizing the findings of this study
phase.
Phase 2 - Development of Traffic Impact Fee Ordinance
This study phase will include the preparation of a Traffic Impact Fee Ordinance and related
analyses in compliance with Texas Local Government Code, Chapter 395. Work tasks to be
completed in this study phase include the following:
Obtain and review related data, information and reports.
Participate in three project meetings with City staff, two public hearings, and up to two
City Council meetings.
Define service areas for traffic impact fee and appropriately disaggregate Pearland's land
use assumptions (LUA) to be updated by another Consultant for the Water/Sewer Fee by
these established areas.
Using available traffic volume counts, projected land use assumptions and H-GAC's
regional travel demand .model. identi~' existing and future levels-of-service (LOS),
roadway deficiencies and transportation improvement needs by service area.
Develop a lO-year Capital Improvements Plan (CIP) specifically for the Traffic Impact
Fee, which would include the following:
> Description and costs of transportation improvements for which the traffic impact
fee may be assessed;
~ Analysis of the total capacity, current levels of current usage, and commitments
for usage of existing capital improvements;
~ Description of all or parts of capital improvements necessitated by new
development;
~ Table establishing specific quantity of use by service unit and an equivalency
table establishing the ratio of a service unit to various land use types;
> Total number of projected service units necessitated by new development within
the service area based 'on approved land use assumptions;
:~ Projected demand for capital improvements required by new service units
projected over 1 O-year period; and,
> Plan for awarding (a credit for portion of ad valorem tax and utility service
revenues generated by new service units during program period or a credit equal
to 50 percent of total projected cost of implementing CIP).
Calculate maximum fee per service unit
Identify time, process and methods for assessing and collecting fees.
Mr. Mueller
October 30, 2002
Page 3
· Prepare written Traffic Impact Ordinance
· Assist City in adopting Traffic Impact Fee, including preparation of notices, responses to
questions and attendance' at required public hearings.
SCHEDULE
It is estimated that Phases 1 and 2 can be completed within 4 and 11 months following notice-to-
proceed, respectively. A proposed project schedule is attached.
COMPENSATION
The total cost for these proposed transportation planning services is shown in the following
table. A detailed breakdown of the total cost is attached.
Study Phase Total Cost
Phase 1 - Preliminary Investigations $18,000
Phase 2 - Develop Impact Fee Ordinance $62,000
TOTAL FEE $80,000
This total study fee of $80.000 includes salary and overhead costs.' direct expenses and profit.
We appreciate the opportunity to be considered for this Traffic Impact Fee Study. We look
forward to hearing t¥om you regarding this important program.
Sincerely.
WILBUR SMITH ASSOCIATES
Robert P. Babineaux, Jr., P.E.
Vice President
Cost Estimate
Pearland Traffic Impact Fee Ordinance
30-0ct-02
Project Phase
Project Senior
Manager Eng/Plner
$145 $110
Engineer/CADD/GIS
Planner Analyst Clerical
$85 $80 SS0
Total
I - Preliminary Investigations
WSA Hours
WSA Labor, Overhead and Profit Cost
WSA Direct Expenses
Postage
Copies
Telephone
Auto Mileage
Miscellaneous
Total Direct Expense Cost
Olson & Olson Total Cost
TOTAL PHASE I COST
II- Develop Fee Ordinance
WSA Hours
WSA Labor, Overhead and Profit Cost
WSA Direct Expenses
Postage
Copies
Telephone
Auto Mileage
Miscellaneous
Total Direct Expense Cost
Olson & Olson Total Cost
TOTAL PHASE II COST
32 24 40 16 8
$4,640 $2,640 $3,400 $1,280 $400
$ 5O
$ 100
$ 2OO
$ 25O
$ 4O
120
$12,360
$ 640
$5,OOO
$18,000
64 120 192 40 24 440
$9,280 $13,200 $16,320 $3,200 $1,200 $43,200
75
2OO
200
325
50
S 8OO
$18,000
$62,000
GRAND TOTAL PROJECT COST $80,000