R-00-11-09-10B2 - 11/9/2000RESOLUTION NO. R -00-11-09-10B2
WHEREAS, the City of Round Rock desires to retain professional
planning services for the preparation of land use assumptions and a
capital improvements plan for roadway impact fees, and
WHEREAS, Dunkin, Sefko & Associates, Inc. has submitted an
Agreement for Consulting Services ("Agreement") to prepare land use
assumptions and a capital improvements plan for roadway impact fees,
and
WHEREAS, the City Council desires to enter into said Agreement
with Dunkin, Sefko & Associates, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement for Consulting Services with Dunkin,
Sefko & Associates, Inc., a copy of said Agreement being attached
hereto and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
RESOLVED this 9th day of November, 2000.
K:\WPDOCS\RESOLUTI\R01109B2.WPD/sc
RRT A. STLUKA,ci
., Mayor
City of Round Rock, Texas
CITY OF ROUND ROCK
AGREEMENT FOR CONSULTING SERVICES
WITH DUNKIN, SEFKO & ASSOCIATES, INC.
th
THIS AGREEMENT is made and entered into on this the '1 ' day of the month of
NOVem , 2000 by and between the City of Round Rock, a Texas home -rule municipal
corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299
(hereinafter referred to as the "City"), and Dunkin, Sefko & Associates, Inc., whose offices are
located at 9603 White Rock Trail, Suite 210, Dallas, Texas 75238 (hereinafter referred to as the
"Planning Consultant").
RECITALS:
WHEREAS, City desires to contract with Planning Consultant to furnish planning services
for preparing land use assumptions and a capital improvements plan for roadway impact fees and
for legal services, hereinafter called the "Project;" and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH that for and in consideration of the mutual promises
contained herein and other good and valuable consideration, the sufficiency and receipt of which are
hereby acknowledged, it is mutually agreed between the parties as follows:
1.01 EMPLOYMENT OF PLANNING CONSULTANT; SCOPE OF SERVICES
Employment. City hereby agrees to retain Planning Consultant to perform professional planning
services in connection with the Project; and Planning Consultant hereby agrees to perform such
services in accordance with the terms and conditions of this Agreement.
Scope of Services. The parties hereto agree that Planning Consultant shall perform such services
as are set forth and described in Exhibit A "Work Program," which is attached hereto and made a
part hereof for all purposes. The parties agree that deviations and/or modifications in the form of
written change orders may be authorized from time to time by City.
2.01 AUTHORIZATION OF SERVICES
The parties hereto agree that no professional services of any nature shall be undertaken by Planning
Consultant pursuant to this Agreement until Planning Consultant has received written authorization
to proceed from City.
C:\TEXT\PWDUNKIN.WPD/jkg
1
3.01 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective on the date this Agreement has been signed by every party hereto,
and shall remain in full force and effect unless and until it expires by operation of the term indicated
herein, or is terminated or extended as provided herein.
The term of this Agreement shall be no later than twelve (12) months from the effective date hereof,
and may be renewed by mutual written consent of the parties for one (1) additional period of time
not to exceed the original term period.
4.01 COORDINATION
City shall designate a Project Coordinator through whom Planning Consultant and all subconsultants
shall coordinate all work efforts and meetings/workshops pertaining to the Project. Planning
Consultant shall attend meetings at the City of Round Rock as determined by the Project Coordinator
for City, in accordance with Exhibit A "Work Program."
City shall make available to Planning Consultant for use in the Project all existing plans, maps, prior
studies, statistics, computations and other relevant data in City's possession pertaining to the Project
which City, in its sole discretion, deems might have any relation to the Project. Planning Consultant
may rely upon the accuracy and completeness of such plans, maps, studies, statistics, computations
and/or other data provided to it by City, unless specifically noted otherwise by City.
5.01 COMPENSATION AND METHOD OF PAYMENT
In consideration for professional services to be performed by Planning Consultant, City agrees to
pay to Planning Consultant a not -to -exceed total sum of Fifty-one Thousand and No/100
($51,000.00), plus expenses only as enumerated on Exhibit B attached hereto and made a part hereof
for all purposes. Planning Consultant's compensation for professional services shall not exceed,
without written consent, the following:
PHASE I - LAND USE ASSUMPTIONS
Task I - Project Orientations $ 6,000
Task II - Prep Land Use Assumptions $10,000
PHASE II - CAPITAL IMPROVEMENT PLAN
Subphase I - Roadway Impact Fee Study
Subphase II - Roadway Impact Fee Public Process
$16,000
$20,000
PHASE III - LEGAL SERVICES $15.000
TOTAL $51,000
2
City reserves the right to review the project at any time, including at the end of any deliverable or
phase, and may elect to terminate the Project with or without cause or elect to continue with the next
deliverable or phase.
6.01 TERMS OF PAYMENT
The parties agree that Planning Consultant shall be compensated for all services properly provided
pursuant to this Agreement in the amount and manner described and set forth in the Compensation
Schedule outlined in Exhibit A "Work Schedule." To receive payment, Planning Consultant shall
prepare and submit a series of monthly invoices which correlate to the Compensation Schedule
contained in Exhibit A "Work Schedule." Each invoice shall state and detail the deliverable(s)
accomplished, along with documentation for each deliverable, and shall state the percent completion
of the work accomplished during that particular billing period.
7.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Planning
Consultant will be made within thirty (30) days of the day on which City receives the performance
and/or deliverables, or within thirty (30) days of the day on which the performance of services was
complete, or within thirty (30) days of the day on which City receives a correct invoice for the
performance and/or deliverables or services, whichever is later. Planning Consultant may charge a
late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made
in accordance with this prompt payment policy; however, this policy does not apply to payments
made by City in the event:
1. there is a bona fide dispute between City and Planning Consultant concerning the
services performed that causes the payment to be late; or
2. the terms of a federal contract, grant, regulation, or statute prevent City from making
a timely payment with federal funds; or
3. there is a bona fide dispute between Planning Consultant and a subcontractor or
between a subcontractor and its supplier concerning the services performed which
causes the payment to be late; or
4. the invoice is not mailed to City in strict accordance with instructions, if any, on any
purchase order, or this Agreement or other such contractual agreement.
8.01 EXPENSES
City shall reimburse Planning Consultant at actual cost for expenses described in Exhibit B that are
directly attributable to work performed under this Agreement. Planning Consultant shall submit an
3
itemized invoice of Planning Consultant's expenses, with appropriate documentation attached. City
shall endeavor to pay in accordance with the prompt payment policy described above.
9.01 NON -APPROPRIATION
This Agreement is a commitment of City's current revenues only. It is understood and agreed that
City shall have the right to terminate this Agreement at the end of any City fiscal year if the
governing body of City does not appropriate funds sufficient to purchase the services as determined
by City's budget for the fiscal year in question. City may effect such termination by giving Planning
Consultant a written notice of termination at the end of its then current fiscal year.
10.01 LEGAL REQUIREMENTS
Planning Consultant will utilize the legal services firm of Morgan & McCool, P.C. to assist with
portions of the Project, in accordance with Exhibit A "Work Program."
11.01 STANDARD OF CARE
Planning Consultant shall perform and complete work related to the Project in a good and
workmanlike manner. Planning Consultant shall not, either during or after the term of this
Agreement, disclose to any third party any confidential information relative to the work or the
business of City without the express written consent of City. The Project Coordinator shall at all
times have access to the work for the purpose of inspecting the work and determining that the work
is being performed in accordance with the terms of this Agreement.
12.01 TERMINATION
Either party to this Agreement may terminate the Agreement by giving to the other party thirty (30)
days' written notice. Upon delivery of such notice by City to Planning Consultant, Planning
Consultant shall immediately discontinue all services in connection with the performance of this
Agreement and shall proceed to promptly cancel all existing orders and contracts insofar as such
orders or contracts are chargeable to this Agreement. As soon as practical after receipt of notice of
termination, Planning Consultant shall submit a final invoice, showing in detail the services
performed under this Agreement up to the date of termination. City shall then pay Planning
Consultant within thirty (30) days any unpaid invoices for services actually performed under this
Agreement. Originals of all completed or partially completed reports/documents prepared under
this Agreement shall be the property of City and shall be promptly delivered to City upon
termination.
13.01 INDEPENDENT CONTRACTOR STATUS
Planning Consultant is an independent contractor with the sole authority to control and direct the
performance of the details of the work. Planning Consultant is not City's employee. Planning
4
Consultant's employees or subcontractors are not City's employees. This Agreement does not create
a partnership relationship. Neither party has authority to enter into contracts as agent for the other
party. Planning Consultant and City agree to the following rights consistent with an independent
contractor relationship:
1. Planning Consultant has the right to perform services for others during the term of
this Agreement.
2. Planning Consultant has the sole right to control and direct the means, manner and
method by which services required by this Agreement will be performed.
3. Planning Consultant has the right to hire assistants as subcontractors, or to use
employees to provide the services required by this Agreement.
4. Planning Consultant or Planning Consultant's employees or subcontractors shall
perform the services required by this Agreement. City shall not hire, supervise, or
pay any assistants to help Planning Consultant.
5. Neither Planning Consultant nor Planning Consultant's employees or subcontractors
shall receive any training from City in the skills necessary to perform the services
required by this Agreement.
6. City shall not require Planning Consultant or Planning Consultant's employees or
subcontractors to devote full time to performing the services required by this
Agreement.
7. Neither Planning Consultant nor Planning Consultant's employees or subcontractors
are eligible to participate in any employee pension, health, vacation pay, sick pay, or
other fringe benefit plan of City.
Planning Consultant shall provide its own premises for performance of its duties hereunder, but shall
have reasonable access to the premises of City and City's relevant information, records and other
materials relevant to its work hereunder. All professional services associated with this Project shall
be performed by Dunkin, Sefko & Associates, Inc., Parsons Transportation Group, and Morgan &
McCool, P.C. No other professional services under the Scope of Services for this Project shall be
subcontracted without City's express written approval and permission.
14.01 CONFIDENTIALITY
Planning Consultant shall take reasonable measures to preserve the confidentiality of any proprietary
or confidential information that City provides to it in connection with this engagement, provided that
no claim may be made for any failure to protect information that occurs more than two (2) years after
the termination or expiration of this agreement. At the conclusion of the engagement, at City's
5
request, Planning Consultant shall return to City all materials, data and documents that City has
provided to Planning Consultant, except that Planning Consultant may retain one (1) copy of these
materials for its archival purposes, subject to Planning Consultant's confidentiality obligations
hereunder. All proprietary information, materials and software owned or created by Planning
Consultant and all work papers, computer runs, software, databases and drafts created during the
course of this engagement will remain the property of Planning Consultant, and be subject to
Planning Consultant's records retention policy.
15.01 INTELLECTUAL PROPERTY OWNERSHIP
Planning Consultant brings its procedures and processes to the scope of work addressed by this
Agreement. Nothing herein shall limit Planning Consultant's right to copyrights, patent rights, and
other intellectual property rights held by Planning Consultant and utilized in performing the services
hereunder.
All documents, including the Land Use Assumptions reports and maps, prepared or furnished by
Planning Consultant pursuant to this Agreement are instruments of service with respect to this
Project. All final documents and reports prepared by Planning Consultant as part of the services
shall become the exclusive property of City, and City shall retain ownership and property interest
therein, whether or not the Project is completed, upon full and complete payment by City to Planning
Consultant for the costs of report/document reproduction (i.e. printing) and other similar direct
expenses.
16.01 WARRANTIES
Planning Consultant warrants that all services performed under this Agreement shall be performed
consistent with generally prevailing professional or industry standards. City must report any
deficiencies in Planning Consultant's services to Planning Consultant in writing within 120 days of
performance to receive warranty remedies. City's exclusive remedy for breach of the above warranty
shall be the re -performance of Planning Consultant's services or as otherwise provided for herein.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR
WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE PRIOR TO THIS
AGREEMENT.
17.01 LIMITED LIABILITY
Planning Consultant's total liability to City under this Agreement for damages, costs and expenses
for negligence in the performance of professional services and damages resulting from negligence
in the performance of professional services, shall not exceed Two Hundred Fifty Thousand Dollars
and No/100 ($250,000.00). In no event shall Planning Consultant be liable for City's lost profits
6
or special, incidental or consequential damages even if Planning Consultant has been advised of the
possibility of such damages.
18.01 INDEMNIFICATION
Planning Consultant agrees to hold harmless, defend, and indemnify City and its officers, agents and
employees of and from all losses, damages, injuries (including death), claims, property damages
(including loss of use), demands, suits, judgments and costs, including reasonable attorney's fees
and expenses, which directly arise out of the Planning Consultant's breach of any of the terms of this
Agreement, or by any other negligent act, error or omission of Planning Consultant, its agents,
servants, employees, subcontractors, or any other persons or entities for whose acts Planning
Consultant is legally liable. Planning Consultant's total liability to City under this Agreement for
damages, costs and expenses for negligence in the performance of professional services and damages
resulting from negligence in the performance of professional services, shall not exceed Two
Hundred Fifty Thousand Dollars and No/100 ($250,000.00), as referenced above.
19.01 INSURANCE
Planning Consultant agrees to obtain and keep in force, at its sole cost and expense, throughout the
term of this Agreement, in a form and with a company satisfactory to City, the following policies
of insurance:
(a) Commercial General Liability Insurance with combined single limits of not less than
$500,000;
(b) Contractual Liability Insurance underwriting the indemnification, hold harmless and
insurance provisions of this Agreement with combined single limits of not less than
$500,000; and
(c) Worker's Compensation and Employer's Liability Insurance.
Certificates of Insurance verifying each of the above conditions, and providing for thirty (30) days'
written notice of any cancellation or reduction in coverage, shall be submitted to City within thirty
(30) days of the execution of this Agreement if requested by City. In the event that the limits of
liability imposed upon municipalities are increased by the Texas Legislature, the parties agree that
Planning Consultant shall increase the coverage and limits of liability required by this Agreement
to conform to the new liability limits so created.
20.01 PROGRESS MEETINGS
Planning Consultant agrees to attend progress meetings scheduled by the Project Coordinator, and
at such meetings will outline work accomplished and identify any special problems or issues which
are known or should be known to Planning Consultant encountered in connection with the Project.
7
21.01 ASSIGNMENT AND DELEGATION
No party may assign any rights or delegate any duties under this Agreement without the other
parties' prior written approval.
22.01 LOCAL, STATE AND FEDERAL TAXES
Planning Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. City will not do the following:
1. Withhold FICA from Planning Consultant's payments or make FICA payments on
Planning Consultant's behalf;
2. Make state and/or federal unemployment compensation contributions on Planning
Consultant's behalf; or
3. Withhold state or federal income tax from Planning Consultant's payments.
23.01 NOTICES
All notices and other communications in connection with this Agreement shall be in writing and
shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement.
2. Three (3) days after being deposited in the United States mail, with postage prepaid
to the recipient's address as stated in this Agreement.
Notice to Planning Consultant:
Dan G. Sefko
Dunkin, Sefko & Associates, Inc.
9603 White Rock Trail, Suite 210
Dallas, Texas 75238
Notice to City:
City of Round Rock AND TO:
Attention: City Manager
221 E. Main Street
Round Rock, Texas 78664
8
City of Round Rock
Attention: City Attorney
309 East Main Street
Round Rock, Texas 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of City and Planning Consultant.
24.01 APPLICABLE LAW
This entire Agreement is performable in Round Rock, Texas. The laws of the State of Texas shall
govern this Agreement. Venue for any action related, directly or indirectly, to this Agreement or in
any manner connected therewith shall lie in Williamson County, Texas.
25.01 EXCLUSIVE AGREEMENT
This is the entire Agreement between Planning Consultant and City covering the subject matter
hereof No modifications or amendments shall be valid unless in writing and signed by both parties.
26.01 DISPUTE RESOLUTION
If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the
help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Planning
Consultant shall each select a mediator and the two mediators shall agree upon a third mediator. Any
costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the
parties.
City and Planning Consultant hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC
Section 1-14) or any applicable state arbitration statute.
27.01 AMERICANS WITH DISABILITIES ACT
Planning Consultant shall take the necessary actions to ensure its facilities and employment practices
are in compliance with the requirements of the Americans with Disabilities Act. Any costs of such
compliance will be the sole responsibility of Planning Consultant.
28.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence
of any event rendering any portion of provision of this Agreement void shall in no way affect the
validity of enforceability of any other portion or provision of this Agreement. Any void provision
shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed
and enforced as if this Agreement did not contain the particular portion of provision held to be void.
The parties further agree to amend this Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision. The provisions of
9
this Article shall not prevent this entire Agreement from being void should a provision which is of
the essence of this Agreement be determined void.
29.01 SUCCESSORS AND ASSIGNMENTS
City and Planning Consultant each binds itself and its successors, executors, administrators and
assigns to any other party of this Agreement, and to the successors, executors, administrators and
assigns of such other party, in respect to all covenants of this Agreement. Except as provided above,
neither City nor Planning Consultant shall assign, sublet or transfer its interest in this Agreement
without the express written consent of the other party. Nothing herein shall be construed as creating
any personal liability on the part of any officer, agent or employee of City or of Planning Consultant.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement in two counterparts
(each of which is an original) on behalf of Planning Consultant by its Principal shown below, and
on behalf of City, each on the dates indicated.
DUNKIN, SEFKO & ASSOCIATES, INC.
Urban Planing Co u1 ants
By: , f7
Dan G. Se#o, Pre ident
Date Signed: // 6
10
ATTEST:
Je Land, City Secretary
Date Signed: / %—q -C'0
EXHIBIT "A"
WORK PROGRAM
IMPACT FEES
City of Round Rock, Texas
This work program is designed to prepare land use assumptions and a capital improvements plan for
roadway impact fees for Round Rock as prescribed by Chapter 395 of the Texas Local Government Code,
and for legal assistance with same.
PHASE I — Land Use Assumptions
TASK I — PROJECT ORIENTATIONS/SCHEDULING/COORDINATION
The Planning Consultants will meet with City staff, the roadway impact fee Consultants, Terry Morgan,
and others that will participate in the process. The purpose of the meeting will be to establish schedules,
coordinate work efforts, ensure all work products are in acceptable formats, and discuss related program
issues. The Consultants will discuss the various aspects of the project, identify policy issues which may
need to be addressed, discuss the project study area, and discuss options and specific requirements of the
State statute. After this discussion, the Consultants will prepare a schedule which will set completion
dates for each task. The entire process is expected to take six to nine months to complete.
The Planning Consultant Shall:
1.1 Meet with team members and corresponding City department heads and assist in identifying work
tasks to be completed by the Consultants and those to be completed by City staff.
1.2 Organize a study team consisting of the consulting team and the respective department directors or
their designees within the City.
1.3 Develop a time schedule and arrange meetings to accomplish each phase of the impact fee ordinance
development.
ss--c:4nswordhmyfila`roundrock\luaforroammpanfees-scp.doc (1012512000)
Exhibit "A" - Page 1 of 16
1.4 Assist the Traffic Consultant as may be required and provide planning input through the capital
improvement plan phase.
1.5 Attend each study team meeting according to the schedule (4 meetings estimated).
1.6 Attend all public hearings and workshops with the Advisory Committee and/or City Council, as
necessary (4 meetings estimated).
1.7 Prepare and coordinate printing of the final report.
TASK II — PREPARATION OF LAND USE ASSUMPTIONS
The Capital Improvement Plan (CIP) is required to be based upon a set of adopted land use assumptions
which includes a "description of the service area(s) and projections of changes in land use, densities,
intensities, and population in the service area over at least a ten-year period." Although no particular
format is specified in the State statute, there are four basic requirements or components of the land use
assumptions:
1. Description and analysis of existing conditions (base data)
2. Determination of service area(s) for each capital facility
3. Ten-year growth projections
4. Discussion of an ultimate or "build out" development scenario
The land use assumptions report will contain the above items. Some of the data necessary for the land use
assumptions has been generated by the Planning Department or exists in prior studies. Where possible,
the Consultants will utilize this data.
2.1— Impact Fee Service Zones
It is anticipated that the Consultants and City staff will jointly decide on the boundaries of the roadway
impact fee service zone(s). After the zone(s) have been established, the Consultants will prepare a map of
the zone(s) using the City's existing base map.
ss --c: mswordlnyfiks4oundrockluatortoadimpanf es-scp.doc (I025/2000)
Exhibit "A" - Page 2 of 16
2.2 — Prepare Existing Land Use Assumptions Database
The Planning Consultants shall prepare the existing land use data base, population and employment
estimates in a format suitable for use in the impact fee program. The information will be presented in
tabular form with an explanation of the methodology in a technical memorandum for initial discussion
purposes. It is anticipated that some information is available from previous studies, and this data will be
utilized where possible.
2.3 — Prepare Ten -Year Growth Assumptions
1. The Planning Consultant will prepare the ten (10) year growth projections by acres, as well as other
categories, as required by the project engineers, for the roadway service zone(s). The growth
projections will be coordinated with the City's future land use plan. The projections will be
presented to the City with alternate growth scenarios. The Consultant will recommend a preferred
growth assumption based upon applicability for calculating impact fees.
2. Ultimate or holding capacity projections will also be prepared, as necessary. Projections will also be
made for housing units and other categories, as requested by the engineers.
3. The projections will be presented to City staff in the form of a technical memorandum for initial
discussion purposes.
2.4 — Land Use Assumption Report
After the City has reviewed the preliminary recommendations made by the Planning Consultant, a report
suitable for meeting the requirements of Chapter 395 will be prepared. The document will include:
1. Roadway service zone map.
2. Documentation of methodology fon
a. Existing land use compilation
b. Ten-year projections
c. Ultimate/holding capacity determinations
3. Land use, population and employment assumptions showing the above projections
ss—cAmswordwyfiles roundrockVuaforroadimpxtfccs-scp.doc (1025/7000)
Exhibit "A" — Page 3 of 16
CITY RESPONSIBILITIES
The City shall perform the following tasks:
A. Coordinate meeting times and places, including notifying each study team member.
B. Review and comment on Consultant recommendations.
C. Publish all public hearing notices, including all notices required in the newspaper.
D. Provide to the Consultant all existing population, employment, base maps, and other data which may
be relevant to the impact fee program.
E. Make all requests to the ATS (if necessary) for data and/or assistance, as may be appropriate and
relevant to the impact fee program.
F. Provide an existing land use inventory (in acres) and population and employment data.
COMPENSATION FOR LAND USE ASSUMPTIONS
Fees and Expenses. The following is an estimate of the hours required to complete the tasks in Task I
above:
Task 1.1
Task 1.2
Task 1.3
Task 1.4
Task 1.5
Task 1.6
Task 1.7
6 hours
2 hours
4 hours
8 hours
16 hours
20 hours
12 hours
68 total estimated hours
The Consultant shall invoice the City on a monthly basis for the hours expended on each of the items
identified in Task I of the Scope of Services. The billing rate shall be as follows:
Dan Sefko $105.00 per hour
Senior Planner - $ 80.00 per hour
Drafting/Graphics - $ 57.50 per hour
Typing and Clerical - $ 35.00 per hour
ss--c:\nswordvnyfiles4oundrockloa(ovoadimpactfces-scp.doc (10/25/2000)
Exhibit "A" - Page 4 of 16
Fees shall not exceed $6,000 for the completion of the Scope of Services as outlined in Task I above. The
City shall be responsible only for those services actually performed for the City by the Planning
Consultant in Task I.
The fee for preparing the land use assumptions according to Task II above is $10,000.00.
The Consultant shall invoice the City for the total amount in Task II when the final land use assumption
report has been submitted to the City.
The total amount for Tasks I and II combined shall not exceed $16,000. Direct expenses are not included
in the above professional fees and shall include printing, delivery and similar costs and shall be invoiced
to the City of the Consultant's actual cost (i.e., no mark-up).
ss--cArnsworam les4oundrockVuaforroadimpactfees-scp.doc (10/25/2000)
Exhibit "A" — Page 5 of 16
Phase II — Capital Improvement Plan
Scope of Services
Parsons Transportation Group has developed an approach to impact fees which have been
successfully implemented in a number of Texas communities to meets the rigorous requirements of
state law. As per the specific needs of Round Rock, the system has been adapted to into two major
task elements which include; the preparation of the impact fee study and the impact fee public
process. Based on our previous experience in this type of project, the following tasks will be
performed as part of this project.
Phase I — Roadway Impact Fee Study
TASK 1.0: PROJECT INITIATION/ORIENTATION
PTG will meet with the Study Team (Consultant team and City staff) to discuss the study
methodology and approach, coordination between the consultant team and city staff and schedule.
This meeting will also serve to facilitate the transfer of all pertinent data for the conduct of the study.
1.1
1.2
1.3
1.4
1.5
Hold project initiation meeting to discuss approach, coordination between the consultant
team and schedule.
Review and obtain available traffic and roadway data from the City.
Conduct PM peak hour traffic volume counts for selected roadways in the proposed service
area. For estimate purposes, up to twelve (12) counts will be performed for this study effort.
Obtain pertinent travel forecast (TRANPLAN) files for travel demand forecasting.
Reduce data into impact fee database format.
Task Products:
1. Study Team meeting
2. Collection of relevant data
TASK 2.0 DEVELOPMENT OF SERVICE AREA STRUCTURE
PTG will meet with the consultant team to discuss the proposed service area structure for the
northeast sector of the City, identify relevant issues/ramifications which may be affected by state
legislation and the applicability of a "flexible" service area structure to accommodate future
corporate annexations. The service area boundary will be developed based on the review of the
following information:-
• Existing traffic survey zone (TSZ) structure.
■ Projected growth patterns
• Potential roadway projects
• Existing geographic features
• Existing thoroughfare system
• Existing Legislation limitations
Parsons Transportation Group, Inc. Exhibit "A" - Page 6 of 16
2.1 Review proposed service area structure for northeast sector of City.
2.2 Determine applicability of a "non -fixed" or "flexible" service area structure to accommodate
future corporate annexations.
2.3 Develop final service area structure.
Task Products:
1. Service Area Boundary Map.
TASK 3.0 PREPARE INVENTORY OF EXISTING ROADWAY SYSTEM
3.1 Based on the data assembled and collected in Task 1.0, and the service area structure
developed in Task 2.0, PTG will prepare an inventory of existing roadways in the City. The
existing inventory will contain the following information, by service area:
• Roadway segment name
• Roadway segment limits
• Length (in miles)
• Number of lanes
• Type (divided, undivided, minor arterial, major arterial, etc.)
• Existing traffic volume (by direction during the peak hour)
■ Capacity supplied
■ Existing deficiencies (in any)
Task Products:
1. Existing roadway inventory for service area.
TASK 4.0 DETERMINE NEW ROADWAY DEMAND
PTG will utilize the City's updated and validated TRANPLAN travel forecast model to determine the
vehicle -miles of travel (VMT) that will be generated by the proposed service area over the ten year
planning period. Projected VMT will be the incremental increase between the years 2000 and 2010.
4.1 Obtain pertinent base year and projected year travel forecast files for the City.
4.2 Revise traffic survey zone structure to be consistent to be consistent with the proposed
service area structure.
4.3 Submit base and projected year demographic files to the Planning Consultant for preparation
land use assumptions of proposed service area.
4.4 Obtain updated demographic files for implementation of travel forecasting (VMT).
4.5 Determine projected vehicle -miles of growth by service area.
Task Products:
1. Projected vehicle -miles of demand generated by new development for the service
area over the ten-year planning period.
Parsons Transportation Group, Inc.
Exhibit "A" - Page 7 of 16
TASK 5.0 PREPARE ROADWAY CAPITAL IMPROVEMENTS PROGRAM
PTG will assist City Staff in the preparation of a Capital Improvements Program (CIP) for the
Roadway Impact Fee System. Elements included in the consideration of CIP projects include;
projected growth patterns of the 10 -year planning period, project on the officially approved City
Thoroughfare Plan, financial considerations and project achievability. This process will conclude
with the identification and recommendation of specific roadway projects (and proposed project
limits), cost estimates, and design characteristics. As per information from City Staff, cost estimates
will be developed by the City. Cost estimates typically include, engineering, right-of-way,
construction, bridge, traffic signals finance (debt service) and any previous assessments collected
from development. The following information will be prepared for the CIP:
• Roadway segment name
• Proposed project limits
• Number of lanes
• Length
• Project cost
5.1 Assist City Staff in developing a roadway impact fee capital improvement program.
5.2 Obtain cost estimates from the City for proposed projects.
5.3 Reduce data into impact fee database format.
Task Products:
1. Proposed roadway impact fee capital improvements program.
2. Cost of capital improvements program.
TASK 6.0 PREPARE ROADWAY PROJECTS DATABASE
PTG will utilize the information contained in the Capital Improvement Program to develop a
roadway projects database. This database will include for each service area the following
information:
• Roadway segment name
• Roadway segment limits
• Number of lanes
• Length
• Type
• Cost
• Number of vehicle miles of capacity supplied
6.1 Compile project information including length, cost and capacity into database.
6.2 Calculate net service units provided by roadway projects.
6.3 Calculate service units generated by new development.
Parsons Transportation Group, Inc. Exhibit "A" — Page 8 of 16
Task Products:
1. Proposed roadway projects by service area.
TASK 7.0 CALCULATION OF THE MAXIMUM FEE
Based on the information develop in previous tasks, PTG will calculate the maximum cost per
service unit (vehicle mile of travel) for the service area.
7.1 Calculate actual cost per service unit in the service area.
7.2 Compare service units provided by roadway projects to service units generated by new
development.
7.3 Calculate maximum allowable fee per service unit.
Task Products:
1. Table containing the maximum fee per service unit for each service area.
TASK 8.0 DEVELOPMENT OF LAND USE EQUIVALENCY TABLE
PTG will prepare a listing of specific land use types (based on ITE land use categories) and develop
a recommended service unit generation rate for each land use. The service unit generation rate will
be based on the number of primary trips generated by the land use during the peak hour and the
average trip length of major trip categories. The average trip length will be based on available
documentation of trip Iengths for the central Texas region, TRANPLAN model statistics,
adjustments for local travel and legislative requirements (3 miles maximum).
8.1 Develop service unit generation rates for specific land uses.
8.2 Obtain available trip length information by land use from CAMPO and/or TRANPLAN
model statistics.
8.3 Prepare equivalency table.
Task Products:
1. Land use Equivalency Table.
TASK 9.0 DOCUMENTATION
PTG will prepare a draft report that documents the methodology, findings, and recommendations of
the study. Based on written comments received from City Staff, a final report will be prepared. At
the culmination of the project, electronic files of reports and databases will be submitted to the City.
Task Products:
1. Draft report — five (5) copies.
2. Final report — one (1) reproducible and five (5) copies.
3. Computer files containing final report and impact fee database.
Parsons Transportation Group, Inc.
Exhibit "A" - Page 9 of 16
Phase II — Roadway Impact Fee Public Process
This phase of the study involves the public process and includes the presentation of methodology
and approach, capital improvements plan, maximum fee calculation and report to the Advisory
Committee and a public hearing at the City Council meeting. Additional meetings with City Staff
may be necessary for implementation of the roadway impact fee system.
To adequately address all issues of the roadway impact fee system, a time and expense approach to
this phase is recommended. This phase of services will be based on our hourly rates, current at the
time of performance, for staff services rendered. Direct reimbursement for out-of-pocket expenses
such as travel, reproduction, etc., will be billed at cost and will be added to staff time costs incurred
during this phase of effort. The current rate for PTG staff envisioned for this effort includes:
1. Edmund Haas, AICP , Senior Planner $95.00/hr
FEE ESTIMATE
Our fee for performance of the services outlined above in Phase I of the Scope of Services is
based on our experience for similar studies throughout Texas. The lump sum fee for completion
of the services is $20,000.00.
Parsons Transportation Group, Inc.
Exhibit "A" - Page 10 of 16
INFORMATION TO BE PROVIDED BY
THE CITY OF ROUND ROCK
The following data is required for the development of transportation impact fees:
■ Base Map of City - Base map should be current, to scale and in reproducible form.
■ City Thoroughfare Plan Map - Current Thoroughfare Plan map to scale.
• Existing Roadway Inventory - Inventory of all existing thoroughfares (arterial and collector
streets) within the city limits. Specific information required for the inventory includes the
following:
Roadway name
Roadway segment limits (From x To y) - Typically roadway segments are defined
between two crossing thoroughfares.
Roadway segment length (in miles)
Existing number of lanes
Roadway type (divided, undivided, arterial, collector, etc)
• Travel forecast model files for both base (2000) and future year (2010) scenarios. Any future
traffic volume forecasts and traffic generation statistics by traffic survey zone based on
existing approved land use assumptions or other long range forecasts would also assist in the
projected growth calculations.
Parsons Transportation Group, Inc. Exhibit "A" — Page 11 of 16
Phase III — Legal Services
SCOPE OF LEGAL SERVICES
Roadway Impact Fees for
City of Round Rock
Task 1. Initial Evaluation
Legal Consultant, in conjunction with City staff and the City's planning, engineering and
fiscal consultants, shall review and evaluate the City's existing and projected needs for roadways
capital improvements to serve new development, and the manner in which such facilities are
currently financed in order to determine initial assumptions for preparation of the impact fee .
program.
Task 2. Review and Revision of Roadway Regulations
Legal Consultant shall review the City's existing roadway regulations concerning
dedication of land, construction requirements, escrow charges, if any, and reimbursement
provisions to assure compliance with Tex. Loc. Gov't Code Ch. 395 and to assure consistency
with statutory and constitutional standards. Legal Consultant, in conjunction with the City's
Attorney's office, shall identify provisions that are to be modified in the course of the roadway
impact fee program.
Task 3. Review of Land Use Assumptions and Service Areas
Legal Consultant shall review land use assumptions prepared by the City's planning
consultant in relation to proposed service areas for compliance with Ch. 395.
Task 4. Review of Capital Improvements Plan
Legal Consultant shall review the proposed impact fee capital improvements plan for
roadway facilities prepared by the City's engineering consultants for compliance with Ch. 395.
The Legal Consultant shall advise the City and its engineering consultants concerning the
methodology required to identify eligible capital facilities projects and to apportion the costs of
such projects between existing and future development as required by the statute.
Task 5. Use of Proportionality Standards for Subdivision Exactions
Legal Consultant, in conjunction with the City' Attorney's office, shall assist in the
preparation of regulations, based upon the capital improvements analysis in task 4, that establish
criteria against which developer contributions of land and facilities for roadways required by the
City's subdivision and development regulations are to be measured against impact fees. It is
anticipated that this task will be performed simultaneous with task 1.4.
Exhibit "A" - Page 12 of 16
Task 6. Fee Structuring
Legal Consultant shall assist the City and its fiscal consultant in structuring impact fees for
roadway facilities to assure compliance with Ch. 395.
Task 7 Drafting Impact Fee Ordinances
Legal Consultant, in conjunction with the City Attorney's office, shall prepare an impact
fee ordinance for roadway facilities, which complies with the requirements of Ch. 395. Legal
Consultant also shall assist in preparation of necessary revisions to the City's subdivision
regulations to assure consistency with the roadway impact fee ordinance, including provisions
relating to credits acquired for contribution of land or facilities pursuant to such regulations.
Task 8. Program Adoption
Legal Consultant shall assist the City in the adoption of the roadway impact fee capital
improvements plan and roadway impact fee ordinance.
Exhibit "A" - Page 13 of 16
AGREEMENT FOR SUBCONSULTANT SERVICES
Dunkin Seflco & Associates, hereinafter referred to as `Project Manager", has entered
into a contract, hereinafter referred to as "Contract" with the City of Round Rock, hereinafter
referred to as "City", a copy of the Contract being attached as Exhibit "A" and incorporated
herein, to provide consulting services to the City. Consulting services are for an impact fee
study for roadways, hereinafter referred to as "Project." Project Manager hereby enters into this
agreement with Morgan & McCool, P.C., hereinafter referred to as "Legal Consultant," to
provide the related legal services for Project on behalf of the City, its elected and appointed
officials and employees. This Agreement for Subconsultant Services shall be hereinafter referred
to as "Agreement."
L
Scope of Services
The scope of legal services to be provided under this Agreement shall be as described in
Exhibit 13".
II.
Compensation and Payment
A. In exchange for providing services as described below, Legal Consultant will be
compensated by Project Manager. The total amount of compensation for services and
expenses as described in Exhibit "C" shall not exceed fifteen thousand dollars and no/100
(S15,000.00), except as expressly agreed otherwise as an amendment to this Agreement.
B. Legal Consultant shall submit monthly invoices for the previous month's work The
monthly invoices shall be based on time and materials (direct expense at cost. Following
review of the invoices, Project Manager will include Legal Consultant's invoice in its
invoice to the City. Payment of Legal Consultant invoices shall be made within fifteen
(15) days of Project Manager's receipt of payment from the City for any of Project
Manager's invoices that contained Legal Consultant's invoices.
C. Receipt of payment from the City is a condition precedent to any obligation of Project
Manager to pay Legal Consultant. Project Manager will pursue all reasonable methods to
obtain payment from the City.
III.
Confidentiality
For purposes of this Agreement, City and Project Manager consider all information
concerning this project to be confidential unless indicated otherwise in writing by City or Project
Manager. For purposes of this Agreement, Legal Consultant shall be considered to have
Exhibit "A" - Page 14 of 16
established an attorney-client relationship with the City, and shall advise the City accordingly
concerning matters within the Scope of Services, and in a manner implementing attorney/client
privilege when such is required for purposes of providing legal services.
IV.
Agreement Personal
This Agreement provides for personal or professional services, and Legal Consultant shall
not assign this Agreement, in whole, or in part, without the prior written consent of Project
Manager and City. No assignment, delegation of duties or subcontract under this Agreement will
be effective without the written consent of Project Manager and City.
V.
Applicable Law and Venue
This Agreement is entered into subject to the Charter and ordinances of City, as they may
be amended from time to time, and is subject to and is to be construed, governed and enforced
under all applicable State of Texas and Federal laws. Venue of any action brought pursuant to
this agreement shall be in Dallas County, Texas.
VL
Remedies
No right or remedy granted herein or reserved to the parties is exclusive of any other right
or remedy herein by law or equity provided or permitted, but each shall be cumulative of every
other right or remedy given hereunder.. No covenant or condition of this Agreement may be
waived without consent of the parties. Forbearance or indulgence by either party shall not
constitute a waiver of any covenant or condition to be performed pursuant to this Agreement.
VII.
Independent Contractor
Legal Consultant's status shall be that of an independent contractor and not an agent,
servant, employee or representative of Project Manager or City in the performance of this
Agreement. No term or provision of, or act of Legal Consultant, Project Manager, or City under
this Agreement shall be construed as changing that status.
VIIL
Entire Agreement
This Agreement embodies the complete agreement of the parties hereto, superseding all
oral or written previous and contemporary agreements between the parties relating to matters
herein, and except as otherwise provided herein, cannot be modified without written agreement of
Exhibit "A" - Page 15 of 16
the parties.
IX.
Changes
Project Manager and City may, from time to time, require changes in the scope of the
services to be performed under this Agreement. Such changes as are mutually agreed upon by
and between Project Manager and Legal Consultant may be incorporated by written modification
to this Agreement.
X.
Performance of Work
A. Legal Consultant, its associates and employees, shall perform all the work described in the
Scope of Services.
B. Terry D. Morgan shall be responsible for the supervision of the services required herein.
All the services required herein shall be performed according to high standards of
professional care.
XI.
Severability
If any of the terms, provisions, covenants or conditions of this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability wilt not affect any other provisions contained in this contract, and all other
provisions shall remain in full force and effect and shall in no way be affected, impaired or
invalidated, and any other provisions of the contract shall be considered as if such invalid, illegal
or unenforceable provision had never been contained in this contract.
This Agreement entered into the day of , 2000.
DUNKIN SEFKO & ASSOCIATES INC
BY:
TITLE:
MORGAN & MCCOOL, P.C.
BY:
TITLE:
Exhibit "A" — Page 16 of 16
Exhibit B
Expenses
City shall reimburse Planning Consultant at actual cost for the following expenses that are directly
attributable to authorized work performed under this Agreement:
• Travel expenses other than normal commuting, including airfares, rental vehicles,
and highway mileage in company or personal vehicles at $0.31 cents per mile. All
travel must be approved by the City prior to Planning Consultant incurring
travel expenses.
• Meals, not to exceed City's travel per diem.
• Lodging.
• Telephone, fax, online and telegraph charges.
• Postage and courier services.
• Printing and reproduction.
• Computer services.
DATE: November 3, 2000
SUBJECT: City Council Meeting — November 9, 2000
ITEM:
10.B.2. Consider a resolution authorizing the Mayor to execute an
Agreement for Consulting Services with Dunkin, Sefko &
Associates, Inc. for professional planning services for the
preparation of land use assumptions and a capital improvements
plan for roadway impact fees.
Resource: Jim Nuse, Public Works Director
History: The Northeast is growing rapidly. In order to build roads in an orderly fashion, a
road impact fee may be desirable.
Funding:
Cost: Not to exceed $51,000.00, plus expenses only as enumerated on Exhibit B of the
agreement.
Source of funds: 1998 G.O. Interest Income
Outside Resources: Dunkin, Sefko & Associates, Inc., Engineer
Impact: N/A
Benefit: Will help develop road system in an orderly fashion.
Public Comment: Major area developers have been appraised of the study.
Sponsor: N/A