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AMENDMENT No.2
Agreement for Consultant Services
Unified Development Code
The City of Corpus Christi, Texas, hereinafter called "City", and Duncan Associates, Inc.
hereinafter called "Consultant", hereby agree hereby agree to the amendment of the Contract
for Professional Services authorized by Motion No. 2004-188 on May 11, 2004 and
administratively amended June 2, 2006 as follows
Section II. Scope of Services is amended by the addition of Phase III services:
Phase III. Storm Water and Wastewater Developer Participation
Taek 1: Project Organization/Data Collection
The Consultant will collect data collection and organize the project. Immediately upon contract
execution, consultant will schedule a meeting with relevant City staff to gain an understanding of
the City's current developer participation policies and growth-related capital needs for
wastewater and storm water. This meeting will be used to gather data and identify major policy
issues. At the conclusion of this task, the consultant team will prepare a memorandum
summarizing the organizational framework for the project and listing additional data to be
provided by the City, if any
Deliverable
PROJECT ORGANIZATION MEETING (2 PERSON-DAYS)
PROJECT ORGANIZATION MEMORANDUM
Taek 2: Alternatives Analysis
After completion of data collection. the Consultant will analyze current development exaction
policies, existing capital facilities, capital improvements programs, potential service area
boundaries and other relevant issues related to wastewater and storm water facilities.
T_k 2.1: Assessment of Current Policies and Needs
The Consultant will be to assess the City's current storm water and wastewater funding
mechanisms and capital needs. The assessment will include an analysis of master facility
plans, capital improvements plans and budgets to ascertain the magnitude of capital needs and
funding shortfalls
Ta.k 2.2: Comparative Fee Survey
The Consultant will review other similar cities approaches to the same issues. The Consultant
will survey up to ten major Texas cities to determine their approaches to securing developer
cost participation in the expansion of the wastewater collection and storm water drainage
systems In addition to determining what they do now, the Consultant will attempt to find out
what they have tried in the past and why those cities chose the method they currently use.
Ta,k 2.3: Policy Analysis
The Consultant will identify the alternative funding mechanisms and the advantages and
dis'dvantages of each alternative. The funding mechanisms will include, at a minimum,
acreage fees, pro rata policies, impact fees and storm water utility fees.
it is mutually recognized the decision on whether to pursue impact fees is primarily a policy
issue It i~ ,ql~("\ mlltll~lI\1 r~cognized that drainage impact fees generally require the preparation
2006-290 rainage master plan for the community. It is acknowledged in many
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Duncan Associates
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communities many of the needed improvements are the result of existing deficiencies rather
than growth-related needs More communities utilize storm water utility fees than storm water
Impact fees to address those needs.
The Consultant will include the level of cost recovery desired in the analysis. The Consultant
will apply national or regional average Impact fee rates to the City's growth projections in order
to determine rough estimates of revenue potential.
The Consultant will prepare a memorandum discussing the advantages and disadvantages of a
number of alternative methodologies that can be used to calculate impact fees including:
· the Florida "consumption-based" or "incremental expansion" approach;
· the "plan-based" on "improvements-driven" approach; and
· other alternatives.
The Consultant will compare and evaluate the specific cost components to include in the fees
Including:
· wastewater impact fees that generally include treatment facilities, and generally exclude
lines smaller than a certain size that are generally installed by developers; and
· wastewater pro rata policies that do not include treatment plant costs, and deal only with
the cost of extra depth and over sizing facilities beyond what is needed to serve the
original developer who built or paid for the improvement
· geographic-specific fees Will be evaluated which require identification of the maximum
number of service areas before the detailed analysis is undertaken. Such an approach
IS permissible under impact fee law, but requires that no impact fee funds be spent on
improvements that benefit the excluded area.
· fees that vary by the size of residential units are one way to partially address concerns
about the effects of impact fees on housing affordability designed to vary by number of
bedrooms, square footage, lot size or other characteristics
Ta.k 2.4: Written Report
This task will conclude With the Consultant's preparation of a written report addressing the
assessment of current policies, comparative survey and policy analysis. The Alternatives
Memorandum will present and evaluate alternatives and options available to the City and
conclude with a recommended course of action. An initial staff review draft will be delivered to
the City A final draft of the memorandum will be delivered following receipt of staff comments.
Deliverable'
STAFF REVIEW DRAFT AL TERNA TIVES MEMORANDUM
FINAL DRAFT ALTERNATIVES MEMORANDUM
Ta.k 3: Presentation
A member of the consultant team will attend a local meeting to present the Alternatives
Memorandum to the City Council.
DeUverable: ONE (1) PERSON-DAY
Section III. Fees Authorized is amended to read:
III. FEES AUTHORIZED
The City will pay the Consultant a total not to exceed fee of $234,320.00. This fee will be full
and total compensation for all services provided and authorized expenses incurred in
performing the tasks specified. The fee consists of the:
Oritinal Contract Fee in amount of $199,420.00;
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Amendment NO.1 Fee in the amount of $10,000.00; and
Amendment NO.2 Fee in the amount of $24,90000
The not to exceed fee of $24,900.00 for Amendment NO.2 is inclusive of all fees and authorized
ex,enses Authorized expenses include out of town travel, lodging, and meal. Mileage will be
reimbursed at the IRS authorized rate Other authorized expenses will be reimbursed upon
submission photocopies of receipts
The table "Summary of Fees" shall be used when calculating the fee due for the proportion of
services completed. The City shall make prompt payments in response to Consultant's
statements for Professional Services.
Bilting for services provided in Phase I and Phase 2 will be based on the Consultant's estimate
of the percent of services complete at the time of billing. However, in no case will the billing
exceed 90% of the fee for each phase until the delivery of documents associated with each
phase has been reviewed and accepted by the City.
Consultant will submit monthly statements for work authorized by the Director of Development
Services and performed by the Consultant. The statement will be based upon Consultant's
estimate and concurrence by the City of the proportion of the total services actually completed
at the time of billing The City will make prompt monthly payments in response to Consultant's
monthly invoices.
All invoices shall be accompanied by a cover letter summarizing the fee in accordance with the
Summary Schedule of Fees. Invoices will be sequentially numbered for each project and state
the project name The letter shall state the number of the current invoice, the contract fee for
each task, the amount previously invoiced for each task, and the current amount due. Invoices
will be organized to accommodate funding sources. During the construction phase, the
Architect/Engineer will also submit a brief letter/memo summarizing observations during the site
visit, the work of the contractor. construction progress for the billing period, and any pending
items
S~~mary~!Eees: ..
Tasfl
ipHIISE I: ASSESSMENT
1 1 Reconnaissance
---------
J.2 Critique of Existing Regulations
1 3 Presentation and Confirmation of Direc
14 Annotated Outline and Strategy for Jdp~d
15 Revise Work Scope___~______
Phase I
~._._------- . -,----.. - Estimated
Not to Exceed
Person-Trips Budge1
-~- -- - --
3 $17,000
_.,.....~--~------ $28,120
tion 2 $6,720
. - ~..--
ate 2 $9,640
--.-- ...- --
$1 ,680
Subtotal 7 $63,160
--._-- - ~- -"- --~,---_._-----.
$6,080
$14,160
$8,240
$20,320
----t- -- $15,040
4 $8,760
-~--+- -. $7,360
I
---.. .L
!PHAlSE II: CODE DRAFTING
'2 1 Code Drafting in Modules
a. Initial reformat
b. Module 1 Procedures
c. Module 2 Districts and Uses
d. Module 3 General Standards
e. Module 4: Subdivision/Remainder
i2.2 Staff and Technical Committee Review
c _____
12.} policY~.9mrnittee Revie~_~.
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1
$13,760
$7,360
$5,400
$2,280
$2,600
$3,360
$4,320
$3,360
$7,560
$129,960
$6,300
$199,420
$10,000
$10,000
4,600
18,000
2,300
24,900
$234,220
24 Draft Consolidation
a Prepare Consolidated Draft with Edits
b Consolidated Draft Charette
c Graphic Preparation
d. Indexing, Final Layout
2 5 Staff and Technical Committee Review
a. Draft UDC Final Review
b. Draft UDC Revision
. .--J-.----.-..--
.2.6 Public Review Worksho~ _~__ 1
2.7 Adoption Hearing Draft ____-+--__~_
?~ A~P~OIl su~po~--- ---Ptlase-II Subtotat-----fr-
?9 T!lEQ?~!!l1?~rson-tri s $350 avera e i 18
________ Original Contract Total
[Amtndment No.1 ________
,?~ 10 Travel ~~ense_~ximatel 28 erson-tri s ______~
Amendment No.1 Total
3
--+---
Amtndment No.2.
~11.1 Project Organization/DC)ta Colle~tio~~ _~==-----------
:U I. 2 Alternatives ~nalysi~____ ___~__ .,-;___________
III) P!e~~ilta!L()r:!...l'L ~~son-~2_, _ __ _+ ..
-- --= Rey:ise~.!~~L~~~-===-===~
All other terms and conditions of the May 11, 2004 contract, as amended, between the City and
Consultant will remain in full force and effect.
CITY OF CORPUS CHRISTI
BY:~.~
Margie Ros
Assistant City Manager
7. ':J"'.D(P
Date
D~N SSOCIATES
~Y 11. flu/";
orized Representative ate
l
ArrEST:
~ 7/lo/'~.
City Secretary Date
APPROVED AS TO FORM:
~lL<tJ..... II ((tl
A~is nt Oity Attorney
Lt<-:
Date
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CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
~
City of Corpus Christl Ordinance 17112. as amended, requires all persons or firms seeking to do business with the City
to provide the following Information Every question must be answered. If the question is not applicable, answer with
"Nll\
FIRM NAME: ~~ ~~~ \\~b ~~t,)U~ ,\NQ..;
STREET: \~~\\1 ~~'"t\\.w.-\ ~\.-.J~'&.?jJO CITY: ~\\N ZIP: \I()\~D
FIRM is: 1 Corporation ..~ L~) 2. Partnership__.. 3. Sole Owner 4. Association_
S. Other. ___..._ u_ ._......__._...__.
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1 State the names of each employee of the City of Corpus Christi having an ownership interest constituting
3% or more of the ownership in the above named firm.
Name Job Title and City Department (if known)
2 State the names of each official of the City of Corpus Christi having an ownership interest constituting
3% or more of the ownership in the above named firm.
Name Title
3 State the names of each board member of the City of Corpus Christi having an ownership interest
constituting 3% or more of the ownership in the above named firm.
Name Board. Commission or Committee
4. State the names of each employee or officer of a consultant for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an ownership interest constituting 3% or
more of the ownership in the above named firm.
Name Consultant
CERTIFICATE
I certify that all Information provided is true and correct as of the date of this statement, that I have not knowingly
Withheld disclosure of any Information requested; and that supplemental statements will be promptly submitted to the
City of Corpus Christl Texas as changes occur
Certifying Person
Title:
r;3'fla- .....
Signature of Certifying Pe
Date:
(,,/Zf/t'~
/ '
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DEFINITIONS
a Board Member A member of any board, commission or committee appointed by the City Council of the City of
Corpus Chnsti, Texas
b Employee Any person empioyed by the City of Corpus Christi, Texas, either on a full or part time basis, but not
as an independent contractor,
c Firm, Any entity operated for economic gain, whether professional, industrial or commercial and whether
established to produce or deal with a product or service, including but not limited to, entities operated in the form
of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,
receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations.
d OffiCial. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,
Department and DiVision Heads and Municipal Court Judges of the City of Corpus Christi, Texas.
e Ownership Interest. Legal or equitable interest, whether actually or constructively held, in a firm, including when
such interest is held through an agent, trust, estate or holding entity. Constructively held refers to holding or
control established through \/oting trusts, proxies or soecial terms of venture or partnership agreements.
f. Consultant Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the
:)Urpose of professional consultation and recommendation