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R-10-04-08-10B1 - 4/8/2010RESOLUTION NO. R -10-04-08-10B1 WHEREAS, the City of Round Rock desires to retain professional consulting services for a drainage utility study, and WHEREAS, Palmer Price, Inc. has submitted an Agreement for Professional Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Palmer Price, 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 Professional Consulting Services with Palmer Price, Inc., a copy of same being attached hereto as Exhibit "A" 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 RESOLVED this 8th day of April, 2010. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: gemAA-- unku, SARA L. WHITE, City Secretary O:\wdox\SCClnts\0112\1005\MUNICIPAL\00187700.DOC/rmc CITY OF ROUND ROCK AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH PALMER PRICE, INC. This Agreement (hereinafter referred to as the "Agreement") is made 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 Palmer Price, Inc., whose offices are located at 2803 Cottonwood LN, Post Office Box 2086, Colleyville, Texas 76034, (hereinafter referred to as the "Consultant"). This Agreement shall recite the contractual terms whereby the City of Round Rock and Palmer Price, Inc. agree to perform, by way of illustration and not limitation, the services and responsibilities delineated in Exhibits "A" and "B" attached hereto and incorporated herein by reference for all purposes, within the work schedule timelines and in accordance with the fee schedule delineated in Exhibits "C" and "D" attached hereto and incorporated herein by reference for all purposes. RECITALS: WHEREAS, City has determined that there is a need for the delineated services; and WHEREAS, City desires to contract for such professional services; 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 EFFECTIVE DATE, DURATION, AND TERM This Agreement shall be effective on the date this Agreement has been signed by each 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 initial term of this Agreement shall be until full and satisfactory completion of the work specified herein is achieved, but in no event later than one (1) year from date of execution hereof. City reserves the right to review the Agreement and contractual relationship at any time, and may elect to terminate same with or without cause or may elect to continue. 00187055/sls EXHIBIT A„ 1.02 NOT -TO -EXCEED CONTRACT AMOUNT; TIME AND MATERIALS BASIS; AND SCOPE OF SERVICES DELINEATION In consideration for the professional services to be performed by Consultant, City agrees to pay Consultant a maximum not -to -exceed sum of One Hundred Twenty-nine Thousand two hundred and No/100 Dollars ($129,200.00) in payment for services and the Scope of Services deliverables as delineated in Exhibit "B." The parties expressly acknowledge that City shall pay Consultant on a "time and materials" actually -expended basis, and that only work actually performed by Consultant will be paid for by City. For purposes of this Agreement, Consultant has issued its Scope of Services attached hereto as Exhibit "B," its Work Schedule attached hereto as Exhibit "C," and its Fee Schedule attached hereto as Exhibit "D." This Agreement, including all referenced exhibits, shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Consultant shall satisfactorily provide all services described under the attached Scope of Services within the contract term specified in Section 1.01. Consultant's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform its services in accordance with this Agreement, in accordance with any appended exhibits, in accordance with due care, and in accordance with prevailing consulting industry standards for comparable services. 1.03 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS Not -to -Exceed Total: Unless subsequently changed by additional Supplemental Agreement to this Agreement, duly authorized by City Council or City Manager action, Consultant's total compensation hereunder shall not exceed $129,200.00. This amount represents the absolute limit of City's liability to Consultant hereunder unless same shall be changed by additional Supplemental Agreement, and City shall pay, strictly within the confines of the not -to - exceed sum recited herein, Consultant's professional fees for work done on behalf of City. Deductions: No deductions shall be made for Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to Consultant. Additions: No additions shall be made to Consultant's compensation based upon claims, whether paid by City or denied. Supplemental Agreements: The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Consultant shall not perform any work or incur any additional costs prior to execution by both parties of such Supplemental Agreement. Consultant shall make no claim for 2 extra work done or materials furnished until there is full execution of any Supplemental Agreement, and City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 1.04 TERMS OF PAYMENT Invoices: To receive payment, Consultant shall prepare and submit a series of monthly detailed invoices to City for services rendered. Each invoice for professional services shall detail the services performed, along with documentation. All payments to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by City. Should additional backup material be requested by City, Consultant shall comply promptly. In this regard, should City determine it necessary, Consultant shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. If City has any dispute with work performed, then City shall notify Consultant within thirty (30) days after receipt of invoice. In the event of any dispute regarding the work performed, then and in that event Consultant shall either (a) satisfactorily re -perform the disputed services or (b) provide City with an appropriate credit. Payment of Invoices: City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of invoices, City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 1.08 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and City or because of amounts which City has a right to withhold under this Agreement or state law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. Offsets: City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to City from Consultant, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 1.05 REQUIRED REPORTS Consultant agrees to provide City with any necessary detailed final written reports, together with all information gathered and materials developed during the course of the project. Additionally, Consultant agrees to provide City with any necessary oral presentations of such detailed final written reports, at City's designation and at no additional cost to City. 1.06 LIMITATION TO SCOPE OF WORK Consultant and City agree that the Scope of Services to be performed is generally enumerated in Exhibit "B." Notwithstanding anything herein to the contrary, the parties agree that City retains absolute discretion and authority for all funding decisions, such decisions to be 3 based solely on criteria accepted by City which may be influenced by but not be dependent on Consultant's work. 1.07 NON -APPROPRIATION AND FISCAL FUNDING 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 Consultant a written notice of termination at the end of its then -current fiscal year. 1.08 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to be made by City to Consultant will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed or the date City receives a correct invoice for the goods or services, whichever is later. Consultant may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: (1) There is a bona fide dispute between City and Consultant, a contractor, subcontractor, or supplier about the goods delivered or the service performed that causes the payment to be late; or (2) There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or (4) The invoice is not mailed to City in strict accordance with any instruction relating to the payment. (3) 1.09 TERMINATION This Agreement may be terminated for any of the following conditions: (1) By City for reasons of its own, with or without cause, and not subject to the mutual consent of any other party, such written termination notice to be given to the other party not less than fifteen (15) days prior to termination. (2) By mutual agreement and consent of the parties, such agreement to be in writing. (3) By either party for failure by the other party to perform the services set forth herein in a satisfactory manner, such termination notice to be given in writing to the other party. 4 (4) By either party for failure by the other party to fulfill its obligations herein. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Consultant. City shall pay Consultant for all uncontested services performed to date of notice of termination. If either party defaults in performance of this Agreement or if City terminates this Agreement for default on the part of the other party, then City shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to City, the cost to City of employing another firm to complete the useable work, and other factors will affect the value to City of the work performed at the time of default. The termination of this Agreement shall extinguish all rights, duties, and obligations of City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to cancellation. 1.10 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, and is not City's employee. Consultant's employees or subcontractors are not City's employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Consultant and City agree to the following rights consistent with an independent contractor relationship: (1) Consultant has the right to perform services for others during the term hereof. (2) Consultant has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed. Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Consultant or its employees or subcontractors shall perform services required hereunder, and City shall not hire, supervise, or pay assistants to help Consultant. Neither Consultant nor its employees or subcontractors shall receive training from City in skills necessary to perform services required by this Agreement. (6) City shall not require Consultant or its employees or subcontractors to devote full time to performing the services required by this Agreement. (3) (5) (7) Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. 5 1.11 NON -SOLICITATION All parties hereto agree that they shall not directly or indirectly solicit for employment, employ, or otherwise retain staff of the other during the term of this Agreement. 1.12 CONFIDENTIALITY; SUPPORT; AND MATERIALS OWNERSHIP Consultant hereby acknowledges and agrees that its representatives may have access to or otherwise receive information, during the furtherance of its obligations in accordance with this Agreement, which is of a confidential, non-public or proprietary nature. Consultant shall treat any such information received in full confidence and shall not disclose or appropriate such Confidential Information for its own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, "Confidential Information" means all oral and written information concerning City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilation, studies or other documents, whether prepared by Consultant or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such materials that are or become generally available to the public other than as a result of disclosure of Consultant, or are required to be disclosed by a governmental authority. Consultant acknowledges its understanding that City is a municipal entity subject to the Texas Public Information Act, and that City's duties run in accordance therewith. Within the delineated Scope of Services and within the project budget, Consultant is providing to City, for City's use, a copy of its copyrighted application, called DrainageLink_, which uses Microsoft ACCESS as the database and application tools. City agrees to use this application solely for management of the billing data for the stormwater utility as described in the Scope of Services. City agrees not to distribute DrainageLink_ to other parties outside of City or allow City staff or other parties to change or modify the application without written permission from Consultant. The functionality and use of the DrainageLink_ application shall be that available at the time that the application is installed at City for use on this project. Consultant shall support City's version of the DrainageLink_ application for the duration of the project defined in the Scope of Services and for one (1) year after initial billing of stormwater fees. Thereafter, Consultant may provide additional support for the DrainageLink_ application as additional services. Consultant shall defend, at its sole expense, any claim or suit brought against City alleging that any software or database furnished under this Agreement infringes a patent or copyright, and shall pay all costs and damages awarded, provided that Consultant is given prompt written notice of such claim and is given information and reasonable non -monetary assistance to defend or settle the claim. In the defense or settlement of the claim, Consultant may obtain for City the right to continue using the software or database, replace or modify the software or database so that it becomes non -infringing or, if such remedies are not reasonably available, grant City a credit for the software or database. 6 Consultant may provide to City, for use on this project, the results of its updated surveys about stormwater rates, exemptions, and implementation activities of other cities which have implemented a stormwater utility. City agrees not to distribute these data to entities other than those directly involved in this project or as may be needed to inform the public about City's efforts to evaluate this project. City will obtain written agreement from the Utility Billing System Vendor for Consultant to access or evaluate the billing system for the purpose of advising City and Billing System Vendor about developing interfaces and modifications for stormwater billing. Consultant agrees to sign Billing System Vendor's confidentiality agreement as required and included in City's license agreement with Billing System Vendor. City will require Billing System Vendor to sign Consultant's confidentiality agreement concerning use and distribution of Consultant's DrainageLink_ application. 1.13 WARRANTIES Consultant warrants that all services performed shall be consistent with generally prevailing professional or industry standards, and shall be performed in a professional workmanlike manner. Consultant shall re -perform work not in compliance with this warranty. 1.14 INDEMNIFICATION Consultant agrees to hold harmless, exempt, and indemnify City, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys fees and all other costs and fees incident to any work done as a result hereof. To the extent allowable by law, City agrees to hold harmless, exempt, and indemnify Consultant, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys fees and all other costs and fees incident to any work done as a result hereof. In no event shall either party be liable to the other for special or consequential damages, statutory or otherwise. 1.15 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties hereunder without the other's prior written approval. 1.16 LOCAL, STATE AND FEDERAL TAXES 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 Consultant's payments or make FICA payments on its behalf; (2) Make state and/or federal unemployment compensation contributions on Consultant's behalf; or (3) Withhold state or federal income tax from any of Consultant's payments. If requested, City shall provide Consultant with a certificate from the Texas State Comptroller indicating that City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 1.17 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Consultant and its consultants, agents, employees and subcontractors shall comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits, licenses, trademarks, copyrights, and the like required in the performance of the services contracted for herein. 1.18 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required hereunder. 1.19 DESIGNATION OF CITY REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Alysha Girard, Assistant City Engineer City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 Telephone: 512-218-6646 Facsimile: 512-671-2751 Email: agirard@round-rock.tx.us 1.20 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 herein; or (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. 8 Notice to Consultant: C. Diane Palmer, P.E. Palmer Price, Inc. 2803 Cottonwood LN Post Office Box 2086 Colleyville, TX 76034 Notice to City: City of Round Rock City Manager 221 East Main Street Round Rock, TX 78664 AND TO: City Attorney's Office Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of City and Consultant. 1.21 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of Texas. 1.22 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement, including any appended exhibits, constitute the entire agreement between the parties and supersede all previous communications, representations, and agreements, either written or oral, with respect to the subject matter hereof. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 1.23 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 shall select one mediator and Consultant shall select one mediator and those 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. 9 City and 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. 1.24 ATTORNEY FEES In the event that any lawsuit is brought by one party against any of the other parties in connection with this Agreement, the prevailing party shall be entitled to seek to recover its reasonable costs and reasonable attorney fees. 1.25 FORCE MAJEURE Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or a breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. Consultant shall not be deemed to be in default of its obligations to City if its failure to perform or its substantial delay in performance is due to City's failure to timely provide requested information, data, documentation, or other material necessary for Consultant to perform its obligations hereunder. 1.26 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 or 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 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. 1.27 STANDARD OF CARE Consultant represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Consultant or designated subconsultants, in a manner according to generally accepted business attraction practices. 10 1.28 GENERAL AND MISCELLANEOUS The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. The failure of a party to exercise any right hereunder shall not operate as a waiver of said party's right to exercise such right or any other right in the future. Time is of the essence to this Agreement. Consultant understands and agrees that any failure of Consultant to complete the services due under this Agreement within the agreed term as delineated in Section 1.01 herein will constitute a material breach of this Agreement. City agrees to provide Consultant with one (1) executed original of this Agreement. This Agreement may be executed in multiple counterparts, which taken together shall be considered as one original. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. PALMER PRICE, INC. By: ti Printed Dame: e, /eli1/a- i)4G.l41,62 Title: O2e ��2E OE /v Date Signed: //7':cV o CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor Date Signed: FOR CITY, ATTEST: By: Sara L. White, City Secretary FOR CITY, APPROVED AS TO FORM: By: Stephan L. Sheets, City Attorney 11 EXHIBIT A Exhibit A City Services City staff will provide the following resources on several tasks that are needed for implementation of a Stormwater Utility. Task 2: Develop Stormwater Utility Billing Database City staff will provide resources and coordination to: • Standardize GIS situs (location) addresses for parcels and Utility Billing System (UBS) location addresses for utility accounts, • Develop a geographic information system (GIS) layer indicating the parcel boundaries within the City of Round Rock and its ETJ and with an attribute table including data fields for: Data Field GIS_RCode GIS_Parcel_I D GIS County GIS_City GIS_ Legal_ Description GIS_Subdivision GIS_Parcel_Area_Acres GIS_Building_Number GIS_ Street_ Name GIS Street Suffix GIS _Street Direction GIS_Sort_Address GIS Locatio n_Ad d re s s GIS Corrected Location Address GIS_Building_IA GIS_Paving_IA GIS_Compacted_IA GIS Sidewalk IA GIS_Other IA GIS Total_IA GIS_Parcel Area_SF GIS_Land_Use UBS_Primary_AccountNumber U BS Location Address Agreement with City of Round Rock A - 1 03/23/2010 Stormwater Utility Implementation EXHIBIT A • Provide an extract of all of the Williamson County Appraisal District (WCAD) database fields in either a comma delimited file for ACCESS, • Provide updates of the GIS parcel attribute table and WCAD parcel attribute table to PPI as requested throughout the project, • Deliver a comma delimited file with the following data elements from Tyler Technologies' Incode utility billing system (UBS), including: City_Code City_Description Account_Number Last Customer_Number Name_Type (Entity_Type) Customer_Name Owner_Name Building_Number Street_Name Direction/Suffix Suite Service_Address Corrected_Service_Address Mailing Address_1 Mailing_Address_2 Mail_City State Zip_Code Billing_Cycle Meter Status Meter_Set_Date Meter_End_Date Meter Location Primary_Meter_Number Secondary_Meter_Number Transponder Number Meter Type Meter_Size Account_Start Account_End Tenant_Start Tenant_End Last_BiII_Date Customer Type Account_Status Bill Account Has_Water Water Status Bill Water Water_Start Water_End Water_Rate_Code Water_Service_Code Water_Rate_Service_Description Water_Units Water_Fee(Last Bill) Has_Sewer Sewer_Status Bill_Sewer Sewer_Start Sewer_End Sewer_Rate_Code Sewer_Service_Code Sewer_Rate_Service_Description Sewer_Units Sewer_Fee (Last Bill) Has_Garbage Garbage_Status Garbage_Start Garbage_End Garbage_Rate_Code Garbage_Service_Code Garbage_Rate_Service_Description Garbage_Units Garbage_Fee (Last Bill) • Provide updates of the UBS data extract as requested throughout the project, • Provide a digital copy of the subdivision names, street names and building number ranges maintained for the City and which are parsed out into data fields, • Provide a digital copy of the list of name of businesses, apartments, schools and churches within the City limits, • Learn the use of the DrainageLink© ACCESS application, • Perform field investigations that may be required to resolve billing database issues, • Perform office file investigations that may be required to resolve billing database issues, and Agreement with City of Round Rock A - 2 03/23/2010 Stormwater Utility Implementation EXHIBIT A • Manually enter data into the DrainageLink© database as may be needed to resolve parcel and account matches remaining after matching with automated database tools and other processes has been completed, Task 4: Document Stormwater Capital Improvement Program Plans City staff will provide resources and coordination to: • Collect and summarize projects and costs form previous stormwater master plans, including: o Drainage and Erosion Control Plan o Stormwater Quality Plan o Stormwater Operation and Maintenance Plan, • Determine priority of funding for known projects and expenses, • Review information about newly identified (not studied) problems from existing information sources o City staff interviews o City's work management database (if available in digital form) o Citizens' complaints database (if available in digital form) o FEMA flood plain mapping, • Estimate costs for newly identified (not previously studied) stormwater problems, • Estimate the costs of operation and maintenance costs for newly identified projects, • Determine priority of funding for newly identified projects and operation and maintenance expenses, • Compare priorities for projects previously studied and those that are newly identified, • Develop or update costs for all stormwater (drainage) capital improvements to FY2010 value, and • Establish a priority listing of stormwater utility expenditures for capital projects which includes projects that will be funded from other revenues and projects that may be funded by the Stormwater Utility Agreement with City of Round Rock A - 3 03/23/2010 Stormwater Utility Implementation EXHIBIT A Task 5: Document Stormwater Utility Cost -of -service City staff will provide resources and coordination to identify and collect: • existing funding sources for stormwater activities, including: o General Fund o Developer contributions o Other outside contributions o Corps of Engineers o Others, • existing ordinances affecting how stormwater services are currently funded by the City and others, such as developers, to determine how these funding mechanisms may affect the development of the cost -of -service (budget) and/or rate design for the stormwater utility, • cost allocations methodologies for stormwater services that may be part of other budgets, • direct budget and financial information for stormwater activities, including: o Stormwater (drainage) capital improvement plan(s), o Stormwater (drainage) operations and maintenance, o Debt service on bonds used to fund stormwater (drainage) improvements, and o Other stormwater (drainage) related budgets • indirect cost allocations for stormwater activities provided by: o City Manager o City Secretary o City Attorney o Finance Department o Information Services o Utility Billing Customer Service o Fire Department (water quality emergency response) o Parks Department o Planning Department o Engineering Department o Public Works Department o Other Departments Supporting Stormwater Operations, • preliminary goals and priorities for stormwater utility funds over the next 20 years, and Agreement with City of Round Rock Stormwater Utility Implementation A - 4 03/23/2010 EXHIBIT A • anticipated rates of inflation, growth rates for additional development, and probably financing parameters Task 7: Prepare Ordinances, Communicate with Citizens and Hold Public Hearings City staff will provide resources and coordination to develop ordinances, communicate with citizens and hold public hearings, including: • Provide Consulting Attorney and/or City Attorney resources to meet with City staff and PPI to discuss the operational issues related to a Stormwater Utility, • Request that City Attorney view the draft ordinances prepared by PPI, • Coordinate with the City Attorney to finalize the proposed ordinances and public hearing notices at least one month prior to the workshop with the City Council to discuss possible stormwater rates to publish prior to the public hearings, • Develop and execute a Community Awareness Plan for the Stormwater Utility, • Prepare at least one newspaper article(s) discussing the stormwater activities that are ongoing or planned for publication prior to the public hearings, • Prepare an information brochure to be mailed with the initial stormwater utility billing, and Task 8: Implement Stormwater Utility Fee City staff will provide resources and coordination to implement the approved stormwater utility billing database and rate structure, including: • Coordinate services from Tyler Technologies, the City's billing system vendor to: o Consult with PPI about how the utility billing software is designed to bill stormwater fees and facilitate maintenance of stormwater billing data o Provide to PPI examples of any existing reports or data maintenance tools for stormwater billing o Provide programming services to revise the UBS to calculate and bill stormwater fees and to develop additional stormwater billing reports o Test any proposed modifications on a test system for the UBS o Test the stormwater fee calculation and bill printing on a test system for the UBS prior to upload of the final stormwater billing database Agreement with City of Round Rock A - 5 03/23/2010 Stormwater Utility Implementation EXHIBIT A o Provide documentation of the test results for quality assurance review by City staff and PPI o Upload customer data for initial stormwater fee calculation and billing o Provide quality control of initial stormwater utility bills Other Contracted Services to be Provided by City: Implementation of the Stormwater Utility will require resources from several other outside consultants and vendors, as well as from City staff. Based upon our team's experience with other Stormwater Utility implementations, the following table itemized the other resources that may be required; although, the budget estimates for each resource outside of this agreement will need to be verified by the City. Vendor Service Other Contracted Services Aerial Photography Vendor ARCView License Williamson County Appraisal District Williamson County 911 US Postal Service Tyler Incode Utility Billing System City Consulting Attorney Newspaper of Record Newspaper of Record Local Printing Company USPS Aerials and Planimetrics View GIS Layers in Customer Service Parcel Ownership Records Street Address Standards Street Address Standards UBS Data and Programming Ordiance Preparation Print Stormwater Activities Article in Newspaper Print Public Hearing Notice & Ordinances Print Flyer with 1st Stormwater Fee Billing Postage for Mailing Utility Billing Flyer Agreement with City of Round Rock A - 6 03/23/2010 Stormwater Utility Implementation EXHIBIT B Exhibit B Engineering Services The scope of services described in the following tasks defines Palmer Price, Inc.'s (PPI) understanding of the activities and deliverables that will be required to assist the City of Round Rock to implement a Stormwater Utility. PPI will subcontract with Halff Associates to provide GIS consulting services to perform quality control checking and advice for development of the GIS stormwater billing database. Phase 1: Identify Billing Units Task 1: Manage Project Palmer Price, Inc. (PPI) will serve as the prime consultant for this project and will manage subcontracts for database programming and ARCInfo geographic information system (GIS) consulting needed to develop the DrainageLink° stormwater utility billing database. Additionally, PPI will facilitate communications among the several vendors who will supply data or services to the City through other contracts. Palmer Price Team will: • Facilitate a Project Kickoff Meeting to: o review the project goals and objectives, o discuss the schedule for the project and review the critical path items, and o outline the data that will need to be collected by City Staff o outline the resources that will be provided by the City that are outside of this agreement • Manage Project Team and Deliverables, including: o monthly project invoicing and status reports o project team meetings o quality assurance for tasks Task 1 Deliverables: > Project Kick-off Meeting > Monthly Project Status Reports and Invoicing Agreement with City of Round Rock B - 1 03/23/2010 Stormwater Utility Implementation EXHIBIT B Task 2: Develop Stormwater Utility Billing Database The Local Government Code authorizing the establishment of a Municipal Stormwater (Drainage) Utility requires an inventory of lots and parcels and requires that the stormwater (drainage) fee calculation be based on stormwater related parameters. These types of data can typically be obtained from several sources, including Geographic Information System (GIS) databases, Appraisal District (AD) databases, plans provided to the City for building permits and subdivision development, as well as other sources. These data, that will be utilized to develop stormwater rates, will be collected in PPI's copyrighted database application called DrainageLink©. The DrainageLink© application will allow the project team to electronically capture the situations where there may be several utility accounts serving a combination of parcels, such as on commercial, public, multi -family, and residential properties with domestic and irrigation water service. The DrainageLink© application will also allow the project team to evaluate and develop the stormwater billing data off-line from the City's utility billing system operations so that those activities are not interrupted. Additionally, the DrainageLink© allows the project team to upload billing data within a few weeks of the City Council's decision about initial stormwater rates. This scope of services assumes that the City has available at least one computer with sufficient hardware capacity and software licenses for utilizing the City's GIS ARCInfo and ARCView software to verify impervious area calculations for individual parcels. The same or a different computer (depending on how many staff members are assigned to the project) is also needed to utilize the ACCESS based DrainageLink© application. The City will also need to arrange to have access to the Utility Billing System (UBS) data on the same computer where the DrainageLink© application and GIS data are housed in order look up and verify data in the UBS. The level of effort for this project assumes that City staff members who are very knowledge about where parcels and water meters are located are available to work on this project. The level of effort and time required to perform the work may increase if the staff assigned to the project has little knowledge of the properties from previous field experience. Additionally, the following work and estimated effort from other resources is anticipated for this task. Palmer Price Team will: • Modify the DrainageLink© database application for use with the data sources available to the City • Screen existing utility billing data for consistency for different customer classes and service types Agreement with City of Round Rock B - 2 03/23/2010 Stormwater Utility Implementation EXHIBIT B • Assist City staff to reconcile and correct initial inconsistencies in parcel and/or billing data, particularly with regard to parcel situs addresses and utility service location addresses • Provide quality control review of GIS shape files and geodatabases for parcels, impervious area and other information • Populate the DrainageLink© database with initial information from various digital sources provided by City staff • Work with City staff to manually reconcile and correct remaining matches of parcels with utility accounts • Run various reports for City staff to review and complete parcel to meter matches • Manage the database integrity and backups • Perform quality control screening during the parcel to UBS account matching process • Review the City's ground floor information for planimetrics data for residential properties for use in establishing the equivalent residential unit (ERU). • Assist City staff to evaluate changes that may be needed in the GIS database so that stormwater data parameters can be stored long-term in order to facilitate resolution of customer service questions about stormwater bills • Work with utility billing and GIS staff to develop a plan for long-term maintenance of key links between parcels and UBS accounts in both database systems Task 2 Deliverables: > Technical Memorandums/Notes discussing: • Data issues evaluated • Data problems identified and resolved • Long-term data issues that must be resolved by others > Stormwater Billing Database file for upload to the UBS > Notes about quality control review of the GIS parcel and impervious area layers Agreement with City of Round Rock B - 3 03/23/2010 Stormwater Utility Implementation EXHIBIT B Task 3: Additional Consulting Resources for Stormwater Billing Data Development (additional services upon written request and authorization) After initial database population and matching of parcels with UBS accounts, the estimate for the effort needed for developing stormwater billing data will be reassessed. Additionally, the availability of City resources will be reviewed to determine whether additional consulting resources are needed to maintain or shorten the schedule for stormwater billing data development so that the target date for initial stormwater billing can be reached. Upon written authorization by the City, PPI will provide labor to assist City staff to develop the stormwater database in addition to the effort identified in Task 2. This task will be staffed by PPI with experienced engineering or database technicians to the level and extent agreed. Palmer Price Team will: • Provide up to 120 additional hours of labor to assist City staff in stormwater database development activities (additional services upon written request and authorization) Phase 11: Develop Stormwater Rate Structure Task 4: Document Stormwater Capital Improvement Program Plans The cost -of -service for a Stormwater Utility typically results from plans developed to mitigate identified drainage and water quality problems within the City. The project team will need to identify the program elements and activities that may be considered for funding over the next 20 years with revenues from the Stormwater Utility and determine whether those plans need to be updated or enhanced. Palmer Price Team will: • Review the capital improvements program information developed by City staff and update the information for inclusion in the cash flow model used to evaluate Stormwater Utility rates. Task 4 Deliverables: > EXCEL worksheets documenting the stormwater capital improvements projects Agreement with City of Round Rock B - 4 03/23/2010 Stormwater Utility Implementation EXHIBIT B Task 5: Document Stormwater Utility Cost -of -service This proposal assumes that City Staff will collect existing documentation about the stormwater capital improvements program and prioritize the projects that will be included in the stormwater utility cost -of -service (budget). PPI will compile and review the information for use in calculating stormwater utility fees and update estimated costs for engineering planning, capital projects and operation and maintenance programs to FY2010 values. PPI will also suggest future enhancements in the current budget detail that could be used to facilitate future cost -of -service evaluations. Palmer Price Team will: • Review the cost -of -service information collected by City Staff for this Task 5 for use in development of the cash flow model needed to establish Stormwater Utility rates. • Document preliminary goals and priorities for stormwater utility funds over the next 20 years • Compile an initial stormwater revenue requirement that will be utilized to allocate costs and design rates • Review with City staff the typical timing of cash flow requirements for funding stormwater activities Task 5 Deliverables: > EXCEL worksheets documenting the Stormwater Utility Cost -of -service Task 6: Design Stormwater Rate Structure Stormwater utility revenues can be utilized to fund infrastructure and operational expenses for both existing and new customers of the utility. Because multiple sources of revenues will be needed to fully fund all of the City's stormwater activities, a 20 -year cash flow model for stormwater revenue requirements will be developed in order to determine how the stormwater utility rates may likely need to be adjusted over time given the probability of increases or decreases in other revenue sources, effects of inflation and changes in program activities. Palmer Price Team will: • Review with City staff anticipated rates of inflation, growth rates for additional development, and probably financing parameters Agreement with City of Round Rock B - 5 03/23/2010 Stormwater Utility Implementation EXHIBIT B • Develop a 20 -Year Cash Flow Model of the costs that will be funded through revenues from the stormwater utility • Revise the 20 -Year Cash Flow Model to include the revenues from the approved stormwater rates • Assist City staff to identify revisions to the charts of accounts for the general ledger that may be needed in order to more easily capture supporting documentation for the stormwater cost -of -service in the future and to track revenues and expenditures for the stormwater utility • Review with City staff the inventory of Tots and parcels and discuss rate design issues that may need to be considered • Review the capabilities of the utility billing system (UBS) with regard to flexibility in designing stormwater rates • Review utility billing policies that may affect how stormwater utility services will be billed and collected • Determine exemptions that may be allowed for selected developed properties, or for "wholly sufficient and privately owned drainage systems", which "do not discharge into a creek, river, slough, culvert or other channel that is part of a municipal drainage utility system" Local Government Code, Chapter 552.044. • Identify mandatory exemptions for state properties and institutes of higher learning Local Govemment Code, Chapter 580.003. • Design rates for each stormwater utility customer class so that revenues will cover the cost -of -service, including reserves needed for financial instruments, such as revenue bonds, vacancies and writeoffs, rate stabilization or other purposes • Update PPI's survey of selected cities in the area concerning the stormwater fees charged by stormwater utilities in those cities and the exemptions or adjustments that are allowed in some cities Agreement with City of Round Rock B - 6 03/23/2010 Stormwater Utility Implementation EXHIBIT B Task 6 Deliverables: ➢ EXCEL worksheets documenting the Stormwater Utility rate design > Updated Stormwater Fee Survey > PowerPoint presentation of selected documentation for the Stormwater Utility Rates for use in the public hearing, including: • Stormwater Cost -of -Service • 20 -Year Cash Flow Model • Stormwater Fee Calculation and Rate Design Phase 111: Implement Rate Structure and Fees Task 7: Prepare Ordinances, Communicate with Citizens and Hold Public Hearings The schedule and scope of services for this task assumes that the City Council will meet in two (2) workshops to consider the proposed maximum rates that will be published in the newspaper and will consider matters related to the Stormwater Utility during two (2) separate public hearing dates in order to afford a first and second reading of the ordinances or a delayed decision about establishing the utility or setting rates. The following efforts are anticipated from the City's consulting attorney. Palmer Price Team will: • Provide templates of ordinances outlining operational issues for review by consulting City Attorney, who will develop the final ordinances • Assist City Attorney to prepare the final stormwater utility ordinance and rate resolution as requested Assist City staff to develop a Community Awareness Plan for the Stormwater Utility • Assist City staff to prepare a newspaper article discussing the stormwater activities that are ongoing or planned • Assist City staff to prepare an information brochure to be mailed with the initial stormwater utility billing • Assist City Staff with preparation of the public hearing notice for the public hearings • Present information about the proposed stormwater utility at two (2) City Council workshop and two (2) public hearings Agreement with City of Round Rock B - 7 03/23/2010 Stormwater Utility Implementation EXHIBIT B Task 7 Deliverables: > Assist with Public Hearing Notice > Assist with Stormwater Utility Rules Ordinance ➢ Assist with Stormwater Utility Rate Ordinance/Resolution > Assist with Stormwater Activities Article > Assist with Utility Billing Flyer discussing the new Stormwater Utility > Provide City with a template for the proposed Stormwater Utility Ordinances ➢ Provide City with a template for the public hearing notices Task 8: Implement Stormwater Utility Fee Once stormwater utility rates are approved, stormwater billing codes and amounts will be revised in the DrainageLink© database. The appropriate information from the DrainageLink© database will then be uploaded to the City's billing system in order to populate the billing database. The existing utility billing system software that is utilized by the City currently has selected functionality that allows stormwater fees to be calculated from a billing quantity and rate table. The selected method of calculating stormwater fees will take into account how the stormwater data can be more easily maintained and updated in the utility billing system and GIS databases either as a flat class rate or as individual fees within specialized classes. The design of the stormwater rates will also consider the capabilities of the existing billing system and the extent to which modifications to the system will be required by any particular design of a rate structure. City staff and the billing system vendor will be responsible for testing the billing output for stormwater utility fees, performing quality control checks of billing procedures and processes and investigating the source of fee calculation and billing errors prior to initial billing of stormwater fees. PPI will assist the City and the billing system vendor to plan these efforts. City staff will set up and implement the chosen data access tools for UBS customer service staff to view data stored in DrainageLink© and ARCView utilizing City's hardware and software licenses. PPI will assist the City to plan these efforts. This scope of services assumes that the City has available a test system for the utility billing system (UBS) where stormwater utility fee calculations and bill printing can be tested prior to upload of final billing data to the live system and that the billing system vendor will plan, manage and perform those services. The anticipated services from the utility billing vendor include: Agreement with City of Round Rock B - 8 03/23/2010 Stormwater Utility Implementation EXHIBIT B Palmer Price Team will: • Assist the City to define a scope of services for the consultant who will design and program the additional billing system modifications and interfaces that may be needed to bill stormwater fees • Provide high level documentation of how the UBS is designed to bill stormwater fees • Assist City staff to evaluate changes that may be needed in the UBS database so that stormwater data parameters can be stored long-term in order to facilitate resolution of customer service questions about stormwater bills • Identify possible modifications to the UBS that may be considered for improvements to reporting or maintenance of stormwater utility billing data • Assist City staff, the software programmer, and/or other consultants to develop the design for modifications to the utility billing system • Assist City staff and the software programmer to develop test scripts and a testing plan to test the billing output for stormwater fees • Assist billing system vendor to upload information from the DrainageLink© database to the utility billing system test system • Assist the billing system vendor to develop a plan for quality control and testing assistance prior to initial billing up to a maximum of twenty four (24) hours from PPI • Assist City staff to develop a plan to maintain the stormwater database using the DrainageLink© database in order to bill stormwater fees, to answer questions from customers, and to update the billing structure during future evaluations or as additional properties are developed for one (1) year after initial stormwater fee billing • Facilitate one workshop with Customer service staff to provide training for responding to questions about the Stormwater Utility • Support City staff in answering questions from customers about the revised rates during the first month of billing cycles. The scope of services includes twenty four (24) hours of telephone support for this subtask Agreement with City of Round Rock B - 9 03/23/2010 Stormwater Utility Implementation EXHIBIT B Task 8 Deliverables: > Technical Memorandum discussing: ■ Current status of stormwater billing capabilities in the UBS ■ Estimate of efforts needed for any recommended billing system changes > Upload file of Stormwater Utility billing database > One training workshop for UBS customer service representatives Agreement with City of Round Rock B - 10 03/23/2010 Stormwater Utility Implementation Exhibit C Work Schedule Time of Completion EXHIBIT C Based on the Scope of Services outlined, the anticipated date for notice to proceed, and the division of work effort among City staff and consulting resources, the following critical schedule for this project is anticipated. Task Palmer Price/Halff Project Team: 1 Manage Project ➢ Project Management and Administration 2 Develop Stormwater Billing Database ➢ Stormwater Utility Billing Data Investigation ➢ Geocoded and Standardized UBS Location Addresses ➢ Stormwater Utility Rate Methodologies ➢ Stormwater Utility Billing Database Impervious Areas > Stormwater Utility Billing Database Matching 3 Additional Resources to Develop Stormwater Billing Database ➢ Additional Billing Database (upon written authorization) 4 Document Stormwater Program Plans ➢ Stormwater Plan Funding Source Estimates > Previous Stormwater Studies > Newly Identified Stormwater Problems > Stormwater Plan Costs 5 Document Stormwater Utility Cost -of -Service > Cost Information from Existing Budget Sources > Cost Information from CIP and TCEQ SWMP 6 Design Stormwater Rate Structure > 20 -Year Cash Flow Model > Stormwater Utility Rate Design > Stormwater Utility Documentation > Benchmark Survey on Rates 7 Prepare Ordinances and Hold Public Hearings > Legal Authority > Community Awareness Pian and Newspaper Articles > Council Workshops and Public Hearings 8 Implement New Stormwater Utility Fee with New UBS > Utility Billing Modifications and Interfaces ➢ Initial Stormwater Billing Professional Fees Project Schedule FY2010 JFMAMJJAS FY2011 ONDJFM Impervious Area Layer by Mar 19th 1st SW Utility Billing Critical Path Activities Other Project Activities ouncil Workshop Final Public Hearing Agreement with City of Round Rock C - 1 03/23/2010 Stormwater Utility Implementation EXHIBIT C Critical Milestones The project schedule and resulting project budget has been developed assuming that several critical milestones can be met with a combination of consulting team and City staff resources. The resources needed to accomplish the goals of the project may need to be adjusted if the following milestones begin to slip forward in time. Deadline 24 -Jun -2010 Approval to Publish Days to Hearing Action Cost of Service & SW Billing Database Development Feb 3 Feb 8 Feb 17 Feb 25 Mar 15 Mar 19 Mar 19 Mar 22 ERU defined from Single Family GIS data Top 100 Non -Residential Billing Quantities Calculated City Council Retreat: Discuss Stormwater Utility PPI Preliminary Investigations Letter Agreement Final PPI/Halff Scope and Contract Terms for City Council Agenda Packet Incode Extract Program Completed for Last Tenant GIS Impervious Area for Non -Residential Parcels Completed by City Staff DrainageLink Loaded and Final Matching Started Apr 8 PPI/Halff Contract approved by City Council (Palmer in Kennedale) Apr 9 Draft Ordinances submitted to City Attorney Apr 30 Final Ordinances approved by City Attorney Apr 30 90% SW Utility Billing Database Needed to Design Rates May 11 Draft SW Utility Presentation to City Manager May 21 Final SW Utility Presentation approved by City Manager Jul 16 Final SW Utility Billing Database Needed for upload test to lncode Council Approvals May 27 Council Packet: SW Information Workshop (14 days prior) Jun 10 Council: 1st SW Workshop, Costs, Rate Structure and RATE CHOICES Jun 14 Newspaper Article sent to printer Jun 18 Newspaper Article: "More Stormwater Funds ARE Needed" Jun 24 Council: 2nd SW Workshop, Costs, Rate Structure and RATE CHOICES Jun 28 SW Utility Ordinances sent to Newspaper of Record Jul 2 41 Days 1st Printing: 30 Days prior to hearing, RATES in Paper Jul 9 2nd Printing in Newspaper Jul 16 3rd Printing in Newspaper Jul 29 Aug 12 Aug 26 Billing Deadlines Mar 19 Jun 18 Council Packet: SW 1st Reading (14 days prior) Council: 1st Reading of Ordinance/Resolution Council: 2nd Reading of Ordinance/Resolution Incode Extract Program Completed for Last Tenant Incode Report Programming Completed Jul 16 Final SW Utility Billing Database Needed for upload test to Incode Jul 23 SW Utility Billing Database Upload test to Incode Aug 30 Sep 3 Sep 7 Sep 13 Sep 20 Sep 27 Oct 4 Utility Billing Insert sent to Printer Customer Service Representative Training 1st Billing Cycle SW Database upload and post to Incode 2nd Billing Cycle SW Database upload and post to Incode 3rd Billing Cycle SW Database upload and post to lncode 4th Billing Cycle SW Database upload and post to Incode 1st Billing Run with new Stormwater Utility Fee Agreement with City of Round Rock C - 2 03/23/2010 Stormwater Utility Implementation EXHIBIT D Exhibit D Fee Schedule Basis of Compensation PPI shall perform the assigned scope of services described in Exhibit B, based upon time and materials expended with a maximum not to exceed budget of $129,200.00, (One Hundred Twenty Nine thousand and Two Hundred dollars and no cents). Task Consulting Consulting Palmer Price PPI Halff Halff Halff Efforts Budget Engineer Programmer PM GIS GIS Effort Effort Effort Manager Technician 6125 $125 6125 $125 $75 (Hours) (Hours) (Hours) (Hours) (Hours) (Hours) Palmer Price/Halff Project Team: 1 Manage Project • Project Management and Administration 32 $4,000 9 24 0 8 0 0 2 Develop Stormwater Billing Database • Stormwater Utility Billing Data Investigation 0 $0 0 0 0 0 0 • Geocoded and Standardized UBS Location Addresses 24 $3,000 24 0 0 0 0 > Stormwater Utility Rate Methodologies 4$500 4 0 0 0 0 > Stormwater Utility Billing Database Impervious Areas 104 69,000 16 0 0 8 80 • Stormwater Utility Billing Database Matching 312 639,000 200 112 0 0 0 3 Additional Resources to Develop Stormwater Billing Database • Additional Billing Database (upon written authorization) 120 615,000 120 0 0 0 0 4 Document Stormwater Program Plans • Stormwater Plan Funding Source Estimates 8 61,000 " 8 0 0 0 0 • Previous Stormwater Studies 16 62,000 '* 16 0 0 0 0 D Newly Identified Stormwater Problems 16 62,000 16 0 0 0 0 D Stormwater Plan Costs 24 $3,000 24 0 0 0 0 5 Document Stormwater Utility Cost -of -Service D Cost Information from Existing Budget Sources 16 $2,000 16 0 0 0 0 D Cost Information from CIP and TCEQ SWMP 4$500 4 0 0 0 0 20 $2,500 '. 20 0 0 0 0 6 Design Stormwater Rate Structure D 20 -Year Cash Flow Model 32 $4,000 32 0 0 0 0 D Stormwater Utility Rate Design 8 61,000 8 0 0 0 0 ➢ Stormwater Utility Documentation 40 65,000 '+r' 40 0 0 0 0 • Benchmark Survey on Rates 0 $0 ' 0 0 0 0 0 7 Prepare Ordinances and Hold Public Hearings ➢ Legal Authority 20 62,500 20 0 0 0 0 • Community Awareness Plan and Newspaper Articles 20 62,500 = 20 0 0 0 0 • Council Workshops and Public Hearings 40 65,000 40 0 0 0 0 8 Implement New Stormwater Utility Fee with New UBS > Utility Billing Modifications and Interfaces 80 610,000 80 0 0 0 0 > Initial Stormwater Billing 48 66,000 48 0 0 0 0 Total Professional Fees 968 $ 117,000 760 112 8 8 80 Total Professional Fees Direct Project Expenses Benchmark Survey of Rates Travel and Subsistence ® one person, two day trips Travel and Subsistence Total Consulting Project Team Fees & Expenses $117,000 $95,000 $14,000 $1,000 $1,000 $6,000 $1,000 $500 $0 $0 $0 $500 $2,000 $2,000 $0 $0 50 $0 $11,200 $11,200 $0 $0 $0 $0 $11,200 $11,200 $0 $0 $0 $0 1,0' ' •, 00 Agreement with City of Round Rock D - 1 03/23/2010 Stormwater Utility Implementation EXHIBIT D Professional Fees Professional fees for services related to this project will be billed at the following hourly billing rates. Expenses Resource Year 2010 Hourly Billing Rates Palmer Price Principal (Registered Engineer) $125 Database Programmer $125 Database Technician $125 Direct Project Expenses at cost Halff Associates Project Manager $125 GIS Project Manager $125 GIS Technician $ 75 Direct expenses incurred for this project shall for travel, reproduction costs and other expenses that may be pre -authorized by the City and will be billed at cost. Additional Services Services in addition to those described in Exhibit B can be provided upon written authorization containing a detailed scope of services, a revised time for completion, revised hourly billing rates and revised estimate of compensation. Agreement with City of Round Rock D - 2 03/23/2010 Stormwater Utility Implementation ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Agenda Item No. 1061. council A; e�nda Summar y Sheet Consider a resolution authorizing the Mayor to execute a Professional Services Contract Agenda Caption: with Palmer Price, Inc. for a Drainage Utility Study. Meeting Date: April 8, 2010 Department: Engineering and Development Services Staff Person making presentation: Danny Halden City Engineer Item Summary: This contract consists of consulting services for Drainage Utility implementation for the City and will include calculation of a user fee for all developed lots and technical assistance with GIS and the Utility Billing System. A presentation was made at the City Council Retreat on 2/17/10. Strategic Plan Relevance: 29.0 Provide for effective management of storm water Cost: $129,200.00 Source of Funds: Utility System Projects Date of Public Hearing (if required): N/A Recommended Action: Staff recommends approval of the contract. EXECUTED DOCUMENT FOLLOWS CITY OF ROUND ROCK AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH PALMER PRICE, INC. This Agreement (hereinafter referred to as the "Agreement") is made 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 Palmer Price, Inc., whose offices are located at 2803 Cottonwood LN, Post Office Box 2086, Colleyville, Texas 76034, (hereinafter referred to as the "Consultant"). This Agreement shall recite the contractual terms whereby the City of Round Rock and Palmer Price, Inc. agree to perform, by way of illustration and not limitation, the services and responsibilities delineated in Exhibits "A" and "B" attached hereto and incorporated herein by reference for all purposes, within the work schedule timelines and in accordance with the fee schedule delineated in Exhibits "C" and "D" attached hereto and incorporated herein by reference for all purposes. RECITALS: WHEREAS, City has determined that there is a need for the delineated services; and WHEREAS, City desires to contract for such professional services; 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 EFFECTIVE DATE, DURATION, AND TERM This Agreement shall be effective on the date this Agreement has been signed by each 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 initial term of this Agreement shall be until full and satisfactory completion of the work specified herein is achieved, but in no event later than one (1) year from date of execution hereof. City reserves the right to review the Agreement and contractual relationship at any time, and may elect to terminate same with or without cause or may elect to continue. 00187055/sls 11-10 of) -1o3( 1.02 NOT -TO -EXCEED CONTRACT AMOUNT; TIME AND MATERIALS BASIS; AND SCOPE OF SERVICES DELINEATION In consideration for the professional services to be performed by Consultant, City agrees to pay Consultant a maximum not -to -exceed sum of One Hundred Twenty-nine Thousand two hundred and No/100 Dollars ($129,200.00) in payment for services and the Scope of Services deliverables as delineated in Exhibit "B." The parties expressly acknowledge that City shall pay Consultant on a "time and materials" actually -expended basis, and that only work actually performed by Consultant will be paid for by City. For purposes of this Agreement, Consultant has issued its Scope of Services attached hereto as Exhibit "B," its Work Schedule attached hereto as Exhibit "C," and its Fee Schedule attached hereto as Exhibit "D." This Agreement, including all referenced exhibits, shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Consultant shall satisfactorily provide all services described under the attached Scope of Services within the contract term specified in Section 1.01. Consultant's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform its services in accordance with this Agreement, in accordance with any appended exhibits, in accordance with due care, and in accordance with prevailing consulting industry standards for comparable services. 1.03 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS Not -to -Exceed Total: Unless subsequently changed by additional Supplemental Agreement to this Agreement, duly authorized by City Council or City Manager action, Consultant's total compensation hereunder shall not exceed $129,200.00. This amount represents the absolute limit of City's liability to Consultant hereunder unless same shall be changed by additional Supplemental Agreement, and City shall pay, strictly within the confines of the not -to - exceed sum recited herein, Consultant's professional fees for work done on behalf of City. Deductions: No deductions shall be made for Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to Consultant. Additions: No additions shall be made to Consultant's compensation based upon claims, whether paid by City or denied. Supplemental Agreements: The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Consultant shall not perform any work or incur any additional costs prior to execution by both parties of such Supplemental Agreement. Consultant shall make no claim for 2 extra work done or materials furnished until there is full execution of any Supplemental Agreement, and City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 1.04 TERMS OF PAYMENT Invoices: To receive payment, Consultant shall prepare and submit a series of monthly detailed invoices to City for services rendered. Each invoice for professional services shall detail the services performed, along with documentation. All payments to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by City. Should additional backup material be requested by City, Consultant shall comply promptly. In this regard, should City determine it necessary, Consultant shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. If City has any dispute with work performed, then City shall notify Consultant within thirty (30) days after receipt of invoice. In the event of any dispute regarding the work performed, then and in that event Consultant shall either (a) satisfactorily re -perform the disputed services or (b) provide City with an appropriate credit. Payment of Invoices: City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of invoices, City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 1.08 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and City or because of amounts which City has a right to withhold under this Agreement or state law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. Offsets: City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to City from Consultant, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 1.05 REQUIRED REPORTS Consultant agrees to provide City with any necessary detailed final written reports, together with all information gathered and materials developed during the course of the project. Additionally, Consultant agrees to provide City with any necessary oral presentations of such detailed final written reports, at City's designation and at no additional cost to City. 1.06 LIMITATION TO SCOPE OF WORK Consultant and City agree that the Scope of Services to be performed is generally enumerated in Exhibit "B." Notwithstanding anything herein to the contrary, the parties agree that City retains absolute discretion and authority for all funding decisions, such decisions to be 3 based solely on criteria accepted by City which may be influenced by but not be dependent on Consultant's work. 1.07 NON -APPROPRIATION AND FISCAL FUNDING 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 Consultant a written notice of termination at the end of its then -current fiscal year. 1.08 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to be made by City to Consultant will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed or the date City receives a correct invoice for the goods or services, whichever is later. Consultant may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: (1) There is a bona fide dispute between City and Consultant, a contractor, subcontractor, or supplier about the goods delivered or the service performed that causes the payment to be late; or (2) There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or (4) The invoice is not mailed to City in strict accordance with any instruction relating to the payment. (3) 1.09 TERMINATION This Agreement may be terminated for any of the following conditions: (1) By City for reasons of its own, with or without cause, and not subject to the mutual consent of any other party, such written termination notice to be given to the other party not less than fifteen (15) days prior to termination. (2) By mutual agreement and consent of the parties, such agreement to be in writing. (3) By either party for failure by the other party to perform the services set forth herein in a satisfactory manner, such termination notice to be given in writing to the other party. 4 (4) By either party for failure by the other party to fulfill its obligations herein. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Consultant. City shall pay Consultant for all uncontested services performed to date of notice of termination. If either party defaults in performance of this Agreement or if City terminates this Agreement for default on the part of the other party, then City shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to City, the cost to City of employing another firm to complete the useable work, and other factors will affect the value to City of the work performed at the time of default. The termination of this Agreement shall extinguish all rights, duties, and obligations of City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to cancellation. 1.10 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, and is not City's employee. Consultant's employees or subcontractors are not City's employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Consultant and City agree to the following rights consistent with an independent contractor relationship: (1) Consultant has the right to perform services for others during the term hereof. (2) Consultant has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed. Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Consultant or its employees or subcontractors shall perform services required hereunder, and City shall not hire, supervise, or pay assistants to help Consultant. Neither Consultant nor its employees or subcontractors shall receive training from City in skills necessary to perform services required by this Agreement. (6) City shall not require Consultant or its employees or subcontractors to devote full time to performing the services required by this Agreement. Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. (3) (5) (7) 5 1.11 NON -SOLICITATION All parties hereto agree that they shall not directly or indirectly solicit for employment, employ, or otherwise retain staff of the other during the term of this Agreement. 1.12 CONFIDENTIALITY; SUPPORT; AND MATERIALS OWNERSHIP Consultant hereby acknowledges and agrees that its representatives may have access to or otherwise receive information, during the furtherance of its obligations in accordance with this Agreement, which is of a confidential, non-public or proprietary nature. Consultant shall treat any such information received in full confidence and shall not disclose or appropriate such Confidential Information for its own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, "Confidential Information" means all oral and written information concerning City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilation, studies or other documents, whether prepared by Consultant or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such materials that are or become generally available to the public other than as a result of disclosure of Consultant, or are required to be disclosed by a governmental authority. Consultant acknowledges its understanding that City is a municipal entity subject to the Texas Public Information Act, and that City's duties run in accordance therewith. Within the delineated Scope of Services and within the project budget, Consultant is providing to City, for City's use, a copy of its copyrighted application, called DrainageLink_, which uses Microsoft ACCESS as the database and application tools. City agrees to use this application solely for management of the billing data for the stormwater utility as described in the Scope of Services. City agrees not to distribute DrainageLink_ to other parties outside of City or allow City staff or other parties to change or modify the application without written permission from Consultant. The functionality and use of the DrainageLink_ application shall be that available at the time that the application is installed at City for use on this project. Consultant shall support City's version of the DrainageLink_ application for the duration of the project defined in the Scope of Services and for one (1) year after initial billing of stormwater fees. Thereafter, Consultant may provide additional support for the DrainageLink_ application as additional services. Consultant shall defend, at its sole expense, any claim or suit brought against City alleging that any software or database furnished under this Agreement infringes a patent or copyright, and shall pay all costs and damages awarded, provided that Consultant is given prompt written notice of such claim and is given information and reasonable non -monetary assistance to defend or settle the claim. In the defense or settlement of the claim, Consultant may obtain for City the right to continue using the software or database, replace or modify the software or database so that it becomes non -infringing or, if such remedies are not reasonably available, grant City a credit for the software or database. 6 Consultant may provide to City, for use on this project, the results of its updated surveys about stormwater rates, exemptions, and implementation activities of other cities which have implemented a stormwater utility. City agrees not to distribute these data to entities other than those directly involved in this project or as may be needed to inform the public about City's efforts to evaluate this project. City will obtain written agreement from the Utility Billing System Vendor for Consultant to access or evaluate the billing system for the purpose of advising City and Billing System Vendor about developing interfaces and modifications for stormwater billing. Consultant agrees to sign Billing System Vendor's confidentiality agreement as required and included in City's license agreement with Billing System Vendor. City will require Billing System Vendor to sign Consultant's confidentiality agreement concerning use and distribution of Consultant's DrainageLink_ application. 1.13 WARRANTIES Consultant warrants that all services performed shall be consistent with generally prevailing professional or industry standards, and shall be performed in a professional workmanlike manner. Consultant shall re -perform work not in compliance with this warranty. 1.14 INDEMNIFICATION Consultant agrees to hold harmless, exempt, and indemnify City, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys fees and all other costs and fees incident to any work done as a result hereof. To the extent allowable by law, City agrees to hold harmless, exempt, and indemnify Consultant, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys fees and all other costs and fees incident to any work done as a result hereof. In no event shall either party be liable to the other for special or consequential damages, statutory or otherwise. 1.15 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties hereunder without the other's prior written approval. 1.16 LOCAL, STATE AND FEDERAL TAXES 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 Consultant's payments or make FICA payments on its behalf; (2) Make state and/or federal unemployment compensation contributions on Consultant's behalf; or (3) Withhold state or federal income tax from any of Consultant's payments. If requested, City shall provide Consultant with a certificate from the Texas State Comptroller indicating that City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 1.17 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Consultant and its consultants, agents, employees and subcontractors shall comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits, licenses, trademarks, copyrights, and the like required in the performance of the services contracted for herein. 1.18 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required hereunder. 1.19 DESIGNATION OF CITY REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Alysha Girard, Assistant City Engineer City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 Telephone: 512-218-6646 Facsimile: 512-671-2751 Email: agirard@round-rock.tx.us 1.20 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 herein; or (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. 8 Notice to Consultant: C. Diane Palmer, P.E. Palmer Price, Inc. 2803 Cottonwood LN Post Office Box 2086 Colleyville, TX 76034 Notice to City: City of Round Rock City Manager 221 East Main Street Round Rock, TX 78664 AND TO: City Attorney's Office Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of City and Consultant. 1.21 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of Texas. 1.22 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement, including any appended exhibits, constitute the entire agreement between the parties and supersede all previous communications, representations, and agreements, either written or oral, with respect to the subject matter hereof. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 1.23 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 shall select one mediator and Consultant shall select one mediator and those 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. 9 City and 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. 1.24 ATTORNEY FEES In the event that any lawsuit is brought by one party against any of the other parties in connection with this Agreement, the prevailing party shall be entitled to seek to recover its reasonable costs and reasonable attorney fees. 1.25 FORCE MAJEURE Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or a breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. Consultant shall not be deemed to be in default of its obligations to City if its failure to perform or its substantial delay in performance is due to City's failure to timely provide requested information, data, documentation, or other material necessary for Consultant to perform its obligations hereunder. 1.26 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 or 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 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. 1.27 STANDARD OF CARE Consultant represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Consultant or designated subconsultants, in a manner according to generally accepted business attraction practices. 10 1.28 GENERAL AND MISCELLANEOUS The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. The failure of a party to exercise any right hereunder shall not operate as a waiver of said party's right to exercise such right or any other right in the future. Time is of the essence to this Agreement. Consultant understands and agrees that any failure of Consultant to complete the services due under this Agreement within the agreed term as delineated in Section 1.01 herein will constitute a material breach of this Agreement. City agrees to provide Consultant with one (1) executed original of this Agreement. This Agreement may be executed in multiple counterparts, which taken together shall be considered as one original. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. PALMER PRICE, INC. By: (). Printed Name: C ,/09N Title: Vic i(6 S/ dt-N Date Signed: CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor Date Signed: 4. %. LC) FOR CITY, ATTEST: By: Sara L. White, City Secretary FOR CITY APPROVED AS TO FORM: By: Stepha L. Sheets, City £ ttorney 11 EXHIBIT A Exhibit A City Services City staff will provide the following resources on several tasks that are needed for implementation of a Stormwater Utility. Task 2: Develop Stormwater Utility Billing Database City staff will provide resources and coordination to: • Standardize GIS situs (location) addresses for parcels and Utility Billing System (UBS) location addresses for utility accounts, • Develop a geographic information system (GIS) layer indicating the parcel boundaries within the City of Round Rock and its ETJ and with an attribute table including data fields for: Data Field Agreement with City of Round Rock Stormwater Utility Implementation GIS_RCode GIS _Parcel _ID GIS_County GIS City GIS_Legal_Description GIS Subdivision G I S_Pa rce I_Area_Acres GIS_Building_Number GIS_ Street Name GIS_ Street_ Suffix GIS_ Street_ Direction GIS Sort_Address GIS_Location_Address GIS Corrected_Location_Address GIS_Building_IA GIS_Paving_IA GIS_Compacted_IA GIS Sidewalk_IA GIS _Other_IA GIS_Total_IA GIS_Parcel_Area_SF GIS_Land_Use UBS_Primary_Account_Number UBS Location Address A - 1 03/23/2010 EXHIBIT A • Provide an extract of all of the Williamson County Appraisal District (WCAD) database fields in either a comma delimited file for ACCESS, • Provide updates of the GIS parcel attribute table and WCAD parcel attribute table to PPI as requested throughout the project, • Deliver a comma delimited file with the following data elements from Tyler Technologies' lncode utility billing system (UBS), including: City_Code City_Description Account_Number Last_Customer_Number Name_Type (Entity_Type) Customer_Name Owner_Name Building_Number Street_Name Direction/Suffix Suite Service_Address Corrected_Service_Address Mailing_Address_1 Mailing_Address_2 Mail_City State Zip_Code Billing_Cycle Meter Status Meter_Set_Date Meter_End_Date Meter_Location Primary_Meter_Number Secondary_Meter_Number Transponder_Number Meter_Type Meter Size Account_Start Account_End Tenant_Start Tenant_End Last_BiI (_Date Customer_Type Account_Status Bill_Account Has_Water Water_Status BiII_Water Water Start Water_End Water_Rate_Code Water_Service_Code Water_Rate_Service_Description Water_Units Water_Fee(Last Bill) Has_Sewer Sewer_Status Bill_Sewer Sewer_Start Sewer_End Sewer_Rate_Code Sewer_Service_Code Sewer_Rate_Service_Description Sewer_Units Sewer_Fee (Last Bill) Has_Garbage Garbage_Status Garbage_Start Garbage_End Garbage_Rate_Code Garbage_Service_Code Garbage_Rate_Service_Description Garbage_Units Garbage_Fee (Last Bill) • Provide updates of the UBS data extract as requested throughout the project, • Provide a digital copy of the subdivision names, street names and building number ranges maintained for the City and which are parsed out into data fields, • Provide a digital copy of the list of name of businesses, apartments, schools and churches within the City limits, • Learn the use of the DrainageLink° ACCESS application, • Perform field investigations that may be required to resolve billing database issues, • Perform office file investigations that may be required to resolve billing database issues, and Agreement with City of Round Rock A - 2 03/23/2010 Stormwater Utility Implementation EXHIBIT A • Manually enter data into the DrainageLink° database as may be needed to resolve parcel and account matches remaining after matching with automated database tools and other processes has been completed, Task 4: Document Stormwater Capital Improvement Program Plans City staff will provide resources and coordination to: • Collect and summarize projects and costs form previous stormwater master plans, including: o Drainage and Erosion Control Plan o Stormwater Quality Plan o Stormwater Operation and Maintenance Plan, • Determine priority of funding for known projects and expenses, • Review information about newly identified (not studied) problems from existing information sources o City staff interviews o City's work management database (if available in digital form) o Citizens' complaints database (if available in digital form) o FEMA flood plain mapping, • Estimate costs for newly identified (not previously studied) stormwater problems, • Estimate the costs of operation and maintenance costs for newly identified projects, • Determine priority of funding for newly identified projects and operation and maintenance expenses, • Compare priorities for projects previously studied and those that are newly identified, • Develop or update costs for all stormwater (drainage) capital improvements to FY2010 value, and • Establish a priority listing of stormwater utility expenditures for capital projects which includes projects that will be funded from other revenues and projects that may be funded by the Stormwater Utility Agreement with City of Round Rock A - 3 03/23/2010 Stormwater Utility Implementation EXHIBIT A Task 5: Document Stormwater Utility Cost -of -service City staff will provide resources and coordination to identify and collect: • existing funding sources for stormwater activities, including: o General Fund o Developer contributions o Other outside contributions o Corps of Engineers o Others, • existing ordinances affecting how stormwater services are currently funded by the City and others, such as developers, to determine how these funding mechanisms may affect the development of the cost -of -service (budget) and/or rate design for the stormwater utility, • cost allocations methodologies for stormwater services that may be part of other budgets, • direct budget and financial information for stormwater activities, including: o Stormwater (drainage) capital improvement plan(s), o Stormwater (drainage) operations and maintenance, o Debt service on bonds used to fund stormwater (drainage) improvements, and o Other stormwater (drainage) related budgets • indirect cost allocations for stormwater activities provided by: o City Manager o City Secretary o City Attorney o Finance Department o Information Services o Utility Billing Customer Service o Fire Department (water quality emergency response) o Parks Department o Planning Department o Engineering Department o Public Works Department o Other Departments Supporting Stormwater Operations, • preliminary goals and priorities for stormwater utility funds over the next 20 years, and Agreement with City of Round Rock A - 4 03/23/2010 Stormwater Utility Implementation EXHIBIT A • anticipated rates of inflation, growth rates for additional development, and probably financing parameters Task 7: Prepare Ordinances, Communicate with Citizens and Hold Public Hearings City staff will provide resources and coordination to develop ordinances, communicate with citizens and hold public hearings, including: • Provide Consulting Attorney and/or City Attorney resources to meet with City staff and PPI to discuss the operational issues related to a Stormwater Utility, • Request that City Attorney view the draft ordinances prepared by PPI, • Coordinate with the City Attorney to finalize the proposed ordinances and public hearing notices at least one month prior to the workshop with the City Council to discuss possible stormwater rates to publish prior to the public hearings, • Develop and execute a Community Awareness Plan for the Stormwater Utility, • Prepare at least one newspaper article(s) discussing the stormwater activities that are ongoing or planned for publication prior to the public hearings, • Prepare an information brochure to be mailed with the initial stormwater utility billing, and Task 8: Implement Stormwater Utility Fee City staff will provide resources and coordination to implement the approved stormwater utility billing database and rate structure, including: • Coordinate services from Tyler Technologies, the City's billing system vendor to: o Consult with PPI about how the utility billing software is designed to bill stormwater fees and facilitate maintenance of stormwater billing data o Provide to PPI examples of any existing reports or data maintenance tools for stormwater billing o Provide programming services to revise the UBS to calculate and bill stormwater fees and to develop additional stormwater billing reports o Test any proposed modifications on a test system for the UBS o Test the stormwater fee calculation and bill printing on a test system for the UBS prior to upload of the final stormwater billing database Agreement with City of Round Rock A - 5 03/23/2010 Stormwater Utility Implementation EXHIBIT A o Provide documentation of the test results for quality assurance review by City staff and PPI o Upload customer data for initial stormwater fee calculation and billing o Provide quality control of initial stormwater utility bills Other Contracted Services to be Provided by City: Implementation of the Stormwater Utility will require resources from several other outside consultants and vendors, as well as from City staff. Based upon our team's experience with other Stormwater Utility implementations, the following table itemized the other resources that may be required; although, the budget estimates for each resource outside of this agreement will need to be verified by the City. Vendor Service Other Contracted Services Aerial Photography Vendor ARCView License Williamson County Appraisal District Williamson County 911 US Postal Service Tyler Incode Utility Billing System City Consulting Attorney Newspaper of Record Newspaper of Record Local Printing Company USPS Aerials and Planimetrics View GIS Layers in Customer Service Parcel Ownership Records Street Address Standards Street Address Standards UBS Data and Programming Ordiance Preparation Print Stormwater Activities Article in Newspaper Print Public Hearing Notice & Ordinances Print Flyer with 1st Stormwater Fee Billing Postage for Mailing Utility Billing Flyer Agreement with City of Round Rock A - 6 03/23/2010 Stormwater Utility Implementation EXHIBIT B Exhibit B Engineering Services The scope of services described in the following tasks defines Palmer Price, Inc.'s (PPI) understanding of the activities and deliverables that will be required to assist the City of Round Rock to implement a Stormwater Utility. PPI will subcontract with Halff Associates to provide GIS consulting services to perform quality control checking and advice for development of the GIS stormwater billing database. Phase 1: Identify Billing Units Task 1: Manage Project Palmer Price, Inc. (PPI) will serve as the prime consultant for this project and will manage subcontracts for database programming and ARCInfo geographic information system (GIS) consulting needed to develop the DrainageLink© stormwater utility billing database. Additionally, PPI will facilitate communications among the several vendors who will supply data or services to the City through other contracts. Palmer Price Team will: • Facilitate a Project Kickoff Meeting to: o review the project goals and objectives, o discuss the schedule for the project and review the critical path items, and o outline the data that will need to be collected by City Staff o outline the resources that will be provided by the City that are outside of this agreement • Manage Project Team and Deliverables, including: o monthly project invoicing and status reports o project team meetings o quality assurance for tasks Task 1 Deliverables: > Project Kick-off Meeting ➢ Monthly Project Status Reports and Invoicing Agreement with City of Round Rock B - 1 03/23/2010 Stormwater Utility Implementation EXHIBIT B Task 2: Develop Stormwater Utility Billing Database The Local Government Code authorizing the establishment of a Municipal Stormwater (Drainage) Utility requires an inventory of lots and parcels and requires that the stormwater (drainage) fee calculation be based on stormwater related parameters. These types of data can typically be obtained from several sources, including Geographic Information System (GIS) databases, Appraisal District (AD) databases, plans provided to the City for building permits and subdivision development, as well as other sources. These data, that will be utilized to develop stormwater rates, will be collected in PPI's copyrighted database application called DrainageLink©. The DrainageLink© application will allow the project team to electronically capture the situations where there may be several utility accounts serving a combination of parcels, such as on commercial, public, multi -family, and residential properties with domestic and irrigation water service. The DrainageLink© application will also allow the project team to evaluate and develop the stormwater billing data off-line from the City's utility billing system operations so that those activities are not interrupted. Additionally, the DrainageLink° allows the project team to upload billing data within a few weeks of the City Council's decision about initial stormwater rates. This scope of services assumes that the City has available at least one computer with sufficient hardware capacity and software licenses for utilizing the City's GIS ARCInfo and ARCView software to verify impervious area calculations for individual parcels. The same or a different computer (depending on how many staff members are assigned to the project) is also needed to utilize the ACCESS based DrainageLink° application. The City will also need to arrange to have access to the Utility Billing System (UBS) data on the same computer where the DrainageLink© application and GIS data are housed in order look up and verify data in the UBS. The level of effort for this project assumes that City staff members who are very knowledge about where parcels and water meters are located are available to work on this project. The level of effort and time required to perform the work may increase if the staff assigned to the project has little knowledge of the properties from previous field experience. Additionally, the following work and estimated effort from other resources is anticipated for this task. Palmer Price Team will: • Modify the DrainageLink© database application for use with the data sources available to the City • Screen existing utility billing data for consistency for different customer classes and service types Agreement with City of Round Rock B - 2 03/23/2010 Stormwater Utility Implementation EXHIBIT B • Assist City staff to reconcile and correct initial inconsistencies in parcel and/or billing data, particularly with regard to parcel situs addresses and utility service location addresses • Provide quality control review of GIS shape files and geodatabases for parcels, impervious area and other information • Populate the DrainageLink© database with initial information from various digital sources provided by City staff • Work with City staff to manually reconcile and correct remaining matches of parcels with utility accounts • Run various reports for City staff to review and complete parcel to meter matches • Manage the database integrity and backups • Perform quality control screening during the parcel to UBS account matching process • Review the City's ground floor information for planimetrics data for residential properties for use in establishing the equivalent residential unit (ERU). • Assist City staff to evaluate changes that may be needed in the GIS database so that stormwater data parameters can be stored long-term in order to facilitate resolution of customer service questions about stormwater bills • Work with utility billing and GIS staff to develop a plan for long-term maintenance of key links between parcels and UBS accounts in both database systems Task 2 Deliverables: ➢ Technical Memorandums/Notes discussing: ■ Data issues evaluated ■ Data problems identified and resolved ■ Long-term data issues that must be resolved by others ➢ Stormwater Billing Database file for upload to the UBS ➢ Notes about quality control review of the GIS parcel and impervious area layers Agreement with City of Round Rock B - 3 03/23/2010 Stormwater Utility Implementation EXHIBIT B Task 3: Additional Consulting Resources for Stormwater Billing Data Development (additional services upon written request and authorization) After initial database population and matching of parcels with UBS accounts, the estimate for the effort needed for developing stormwater billing data will be reassessed. Additionally, the availability of City resources will be reviewed to determine whether additional consulting resources are needed to maintain or shorten the schedule for stormwater billing data development so that the target date for initial stormwater billing can be reached. Upon written authorization by the City, PPI will provide labor to assist City staff to develop the stormwater database in addition to the effort identified in Task 2. This task will be staffed by PPI with experienced engineering or database technicians to the level and extent agreed. Palmer Price Team will: • Provide up to 120 additional hours of labor to assist City staff in stormwater database development activities (additional services upon written request and authorization) Phase 11: Develop Stormwater Rate Structure Task 4: Document Stormwater Capital Improvement Program Plans The cost -of -service for a Stormwater Utility typically results from plans developed to mitigate identified drainage and water quality problems within the City. The project team will need to identify the program elements and activities that may be considered for funding over the next 20 years with revenues from the Stormwater Utility and determine whether those plans need to be updated or enhanced. Palmer Price Team will: • Review the capital improvements program information developed by City staff and update the information for inclusion in the cash flow model used to evaluate Stormwater Utility rates. Task 4 Deliverables: > EXCEL worksheets documenting the stormwater capital improvements projects Agreement with City of Round Rock B - 4 03/23/2010 Stormwater Utility Implementation EXHIBIT B Task 5: Document Stormwater Utility Cost -of -service This proposal assumes that City Staff will collect existing documentation about the stormwater capital improvements program and prioritize the projects that will be included in the stormwater utility cost -of -service (budget). PPI will compile and review the information for use in calculating stormwater utility fees and update estimated costs for engineering planning, capital projects and operation and maintenance programs to FY2010 values. PPI will also suggest future enhancements in the current budget detail that could be used to facilitate future cost -of -service evaluations. Palmer Price Team will: • Review the cost -of -service information collected by City Staff for this Task 5 for use in development of the cash flow model needed to establish Stormwater Utility rates. • Document preliminary goals and priorities for stormwater utility funds over the next 20 years • Compile an initial stormwater revenue requirement that will be utilized to allocate costs and design rates • Review with City staff the typical timing of cash flow requirements for funding stormwater activities Task 5 Deliverables: > EXCEL worksheets documenting the Stormwater Utility Cost -of -service Task 6: Design Stormwater Rate Structure Stormwater utility revenues can be utilized to fund infrastructure and operational expenses for both existing and new customers of the utility. Because multiple sources of revenues will be needed to fully fund all of the City's stormwater activities, a 20 -year cash flow model for stormwater revenue requirements will be developed in order to determine how the stormwater utility rates may likely need to be adjusted over time given the probability of increases or decreases in other revenue sources, effects of inflation and changes in program activities. Palmer Price Team will: • Review with City staff anticipated rates of inflation, growth rates for additional development, and probably financing parameters Agreement with City of Round Rock B - 5 03/23/2010 Stormwater Utility Implementation EXHIBIT B • Develop a 20 -Year Cash Flow Model of the costs that will be funded through revenues from the stormwater utility • Revise the 20 -Year Cash Flow Model to include the revenues from the approved stormwater rates • Assist City staff to identify revisions to the charts of accounts for the general ledger that may be needed in order to more easily capture supporting documentation for the stormwater cost -of -service in the future and to track revenues and expenditures for the stormwater utility • Review with City staff the inventory of lots and parcels and discuss rate design issues that may need to be considered • Review the capabilities of the utility billing system (UBS) with regard to flexibility in designing stormwater rates • Review utility billing policies that may affect how stormwater utility services will be billed and collected • Determine exemptions that may be allowed for selected developed properties, or for "wholly sufficient and privately owned drainage systems", which "do not discharge into a creek, river, slough, culvert or other channel that is part of a municipal drainage utility system" Local Government Code, Chapter 552.044. • Identify mandatory exemptions for state properties and institutes of higher learning Local Government Code, Chapter 580.003. • Design rates for each stormwater utility customer class so that revenues will cover the cost -of -service, including reserves needed for financial instruments, such as revenue bonds, vacancies and writeoffs, rate stabilization or other purposes • Update PPI's survey of selected cities in the area concerning the stormwater fees charged by stormwater utilities in those cities and the exemptions or adjustments that are allowed in some cities Agreement with City of Round Rock B - 6 03/23/2010 Stormwater Utility Implementation EXHIBIT B Task 6 Deliverables: ➢ EXCEL worksheets documenting the Stormwater Utility rate design > Updated Stormwater Fee Survey ➢ PowerPoint presentation of selected documentation for the Stormwater Utility Rates for use in the public hearing, including: • Stormwater Cost -of -Service • 20 -Year Cash Flow Model • Stormwater Fee Calculation and Rate Design Phase 111: Implement Rate Structure and Fees Task 7: Prepare Ordinances, Communicate with Citizens and Hold Public Hearings The schedule and scope of services for this task assumes that the City Council will meet in two (2) workshops to consider the proposed maximum rates that will be published in the newspaper and will consider matters related to the Stormwater Utility during two (2) separate public hearing dates in order to afford a first and second reading of the ordinances or a delayed decision about establishing the utility or setting rates. The following efforts are anticipated from the City's consulting attorney. Palmer Price Team will: • Provide templates of ordinances outlining operational issues for review by consulting City Attorney, who will develop the final ordinances • Assist City Attorney to prepare the final stormwater utility ordinance and rate resolution as requested • Assist City staff to develop a Community Awareness Plan for the Stormwater Utility • Assist City staff to prepare a newspaper article discussing the stormwater activities that are ongoing or planned • Assist City staff to prepare an information brochure to be mailed with the initial stormwater utility billing • Assist City Staff with preparation of the public hearing notice for the public hearings • Present information about the proposed stormwater utility at two (2) City Council workshop and two (2) public hearings Agreement with City of Round Rock B - 7 03/23/2010 Stormwater Utility Implementation EXHIBIT B Task 7 Deliverables: ➢ Assist with Public Hearing Notice ➢ Assist with Stormwater Utility Rules Ordinance ➢ Assist with Stormwater Utility Rate Ordinance/Resolution ➢ Assist with Stormwater Activities Article ➢ Assist with Utility Billing Flyer discussing the new Stormwater Utility ➢ Provide City with a template for the proposed Stormwater Utility Ordinances ➢ Provide City with a template for the public hearing notices Task 8: Implement Stormwater Utility Fee Once stormwater utility rates are approved, stormwater billing codes and amounts will be revised in the DrainageLink© database. The appropriate information from the DrainageLink© database will then be uploaded to the City's billing system in order to populate the billing database. The existing utility billing system software that is utilized by the City currently has selected functionality that allows stormwater fees to be calculated from a billing quantity and rate table. The selected method of calculating stormwater fees will take into account how the stormwater data can be more easily maintained and updated in the utility billing system and GIS databases either as a flat class rate or as individual fees within specialized classes. The design of the stormwater rates will also consider the capabilities of the existing billing system and the extent to which modifications to the system will be required by any particular design of a rate structure. City staff and the billing system vendor will be responsible for testing the billing output for stormwater utility fees, performing quality control checks of billing procedures and processes and investigating the source of fee calculation and billing errors prior to initial billing of stormwater fees. PPI will assist the City and the billing system vendor to plan these efforts. City staff will set up and implement the chosen data access tools for UBS customer service staff to view data stored in DrainageLink© and ARCView utilizing City's hardware and software licenses. PPI will assist the City to plan these efforts. This scope of services assumes that the City has available a test system for the utility billing system (UBS) where stormwater utility fee calculations and bill printing can be tested prior to upload of final billing data to the live system and that the billing system vendor will plan, manage and perform those services. The anticipated services from the utility billing vendor include: Agreement with City of Round Rock B - 8 03/23/2010 Stormwater Utility Implementation EXHIBIT B Palmer Price Team will: • Assist the City to define a scope of services for the consultant who will design and program the additional billing system modifications and interfaces that may be needed to bill stormwater fees • Provide high level documentation of how the UBS is designed to bill stormwater fees • Assist City staff to evaluate changes that may be needed in the UBS database so that stormwater data parameters can be stored long-term in order to facilitate resolution of customer service questions about stormwater bills • Identify possible modifications to the UBS that may be considered for improvements to reporting or maintenance of stormwater utility billing data • Assist City staff, the software programmer, and/or other consultants to develop the design for modifications to the utility billing system • Assist City staff and the software programmer to develop test scripts and a testing plan to test the billing output for stormwater fees • Assist billing system vendor to upload information from the DrainageLink© database to the utility billing system test system • Assist the billing system vendor to develop a plan for quality control and testing assistance prior to initial billing up to a maximum of twenty four (24) hours from PPI • Assist City staff to develop a plan to maintain the stormwater database using the DrainageLink© database in order to bill stormwater fees, to answer questions from customers, and to update the billing structure during future evaluations or as additional properties are developed for one (1) year after initial stormwater fee billing • Facilitate one workshop with Customer service staff to provide training for responding to questions about the Stormwater Utility • Support City staff in answering questions from customers about the revised rates during the first month of billing cycles. The scope of services includes twenty four (24) hours of telephone support for this subtask Agreement with City of Round Rock B - 9 03/23/2010 Stormwater Utility Implementation EXHIBIT B Task 8 Deliverables: > Technical Memorandum discussing: • Current status of stormwater billing capabilities in the UBS • Estimate of efforts needed for any recommended billing system changes > Upload file of Stormwater Utility billing database > One training workshop for UBS customer service representatives Agreement with City of Round Rock Stormwater Utility Implementation B - 10 03/23/2010 Exhibit C Work Schedule Time of Completion EXHIBIT C Based on the Scope of Services outlined, the anticipated date for notice to proceed, and the division of work effort among City staff and consulting resources, the following critical schedule for this project is anticipated. Task Palmer Price/Halff Project Team: 1 Manage Project Project Management and Administration 2 Develop Stormwater Billing Database Stormwater Utility Billing Data Investigation Geocoded and Standardized UBS Location Addresses Stormwater Utility Rate Methodologies Stormwater Utility Billing Database Impervious Areas Stormwater Utility Billing Database Matching 3 Additional Resources to Develop Stormwater Billing Database Additional Billing Database (upon written authorization) 4 Document Stormwater Program Plans Stormwater Plan Funding Source Estimates Previous Stormwater Studies Newly Identified Stormwater Problems Stormwater Plan Costs 5 Document Stormwater Utility Cost -of -Service Cost Information from Existing Budget Sources Cost Information from CIP and TCEQ SWMP 6 Design Stormwater Rate Structure 20 -Year Cash Flow Model Stormwater Utility Rate Design Stormwater Utility Documentation Benchmark Survey on Rates 7 Prepare Ordinances and Hold Public Hearings Legal Authority Community Awareness Plan and Newspaper Articles Council Workshops and Public Hearings 8 Implement New Stormwater Utility Fee with New UBS Utility Billing Modifications and Interfaces r Initial Stormwater Billing Professional Fees Project Schedule FY2010 JFMAMJJAS FY2011 ONDJ FM Impervious Area Layer by Mar 19th 1 L 1530 1st SW Utility Billing Critical Path Activities Other Project Activities Council Workshop Final Public Hearing Agreement with City of Round Rock C - 1 03/23/2010 Stormwater Utility Implementation EXHIBIT C Critical Milestones The project schedule and resulting project budget has been developed assuming that several critical milestones can be met with a combination of consulting team and City staff resources. The resources needed to accomplish the goals of the project may need to be adjusted if the following milestones begin to slip forward in time. Deadline 24 -Jun -2010 Approval to Publish Days to Hearing Action Cost of Service & SW Billing Database Development Feb 3 ERU defined from Single Family GIS data Feb 8 Top 100 Non -Residential Billing Quantities Calculated Feb 17 City Council Retreat: Discuss Stormwater Utility Feb 25 PPI Preliminary Investigations Letter Agreement Mar 15 Mar 19 Mar 19 Mar 22 Apr 8 Apr 9 Apr 30 Apr 30 May 11 May 21 Jul 16 Council Approvals May 27 Jun 10 Jun 14 Jun 18 Jun 24 Jun 28 Jul 2 Jul 9 Jul 16 Jul 29 Aug 12 Aug 26 Billing Deadlines Mar 19 Jun 18 Jul 16 Jul 23 Final PPI/Halff Scope and Contract Terms for City Council Agenda Packet Incode Extract Program Completed for Last Tenant GIS Impervious Area for Non -Residential Parcels Completed by City Staff DrainageLink Loaded and Final Matching Started PPI/Halff Contract approved by City Council (Palmer in Kennedale) Draft Ordinances submitted to City Attorney Final Ordinances approved by City Attorney 90% SW Utility Billing Database Needed to Design Rates Draft SW Utility Presentation to City Manager Final SW Utility Presentation approved by City Manager Final SW Utility Billing Database Needed for upload test to Incode Council Packet: SW Information Workshop (14 days prior) Council: 1st SW Workshop, Costs, Rate Structure and RATE CHOICES Newspaper Article sent to printer Newspaper Article: "More Stormwater Funds ARE Needed" Council: 2nd SW Workshop, Costs, Rate Structure and RATE CHOICES SW Utility Ordinances sent to Newspaper of Record 41 Days 1st Printing: 30 Days prior to hearing, RATES in Paper 2nd Printing in Newspaper 3rd Printing in Newspaper Council Packet: SW 1st Reading (14 days prior) Council: 1st Reading of Ordinance/Resolution Council: 2nd Reading of Ordinance/Resolution Incode Extract Program Completed for Last Tenant Incode Report Programming Completed Final SW Utility Billing Database Needed for upload test to Incode SW Utility Billing Database Upload test to Incode Aug 30 Utility Billing Insert sent to Printer Sep 3 Customer Service Representative Training Sep 7 1st Billing Cycle SW Database upload and post to lncode Sep 13 2nd Billing Cycle SW Database upload and post to Incode Sep 20 3rd Billing Cycle SW Database upload and post to Incode Sep 27 4th Billing Cycle SW Database upload and post to lncode Oct 4 1st Billing Run with new Stormwater Utility Fee Agreement with City of Round Rock C - 2 03/23/2010 Stormwater Utility Implementation EXHIBIT D Exhibit D Fee Schedule Basis of Compensation PPI shall perform the assigned scope of services described in Exhibit B, based upon time and materials expended with a maximum not to exceed budget of $129,200.00, (One Hundred Twenty Nine thousand and Two Hundred dollars and no cents). Task Consulting Consulting Palmer Price PPI Halff Halff Halff Efforts Budget Engineer Programmer PM GIS GIS Effort Effort Effort Manager Technician $125 $125 $125 $125 $75 (Hours) (Hours) (Hours) (Hours) (Hours) (Hours) Palmer Price/Halff Project Team: 1 Manage Project • Project Management and Administration 32 $4,000 24 0 8 0 0 2 Develop Stormwater Billing Database Stormwater Utility Billing Data Investigation 0 $0 0 0 0 0 0 Geocoded and Standardized UBS Location Addresses 24 $3,000 24 0 0 0 0 • Stormwater Utility Rate Methodologies 4 $500 4 0 0 0 0 :- Stormwater Utility Billing Database Impervious Areas 104 $9,000 16 0 0 8 80 Stormwater Utility Billing Database Matching 312 $39,000 200 112 0 0 0 3 Additional Resources to Develop Stormwater Billing Database • Additional Billing Database (upon written authorization) 120 $15,000 120 0 0 0 0 4 Document Stormwater Program Plans Stormwater Plan Funding Source Estimates Previous Stormwater Studies • Newly Identified Stormwater Problems • Stormwater Plan Costs 8 $1,000 8 0 0 0 0 16 $2,000 16 0 0 0 0 16 $2,000 16 0 0 0 0 24 $3,000 24 0 0 0 0 5 Document Stormwater Utility Cost -of -Service • Cost Information from Existing Budget Sources 16 $2,000 16 Cost Information from CIP and TCEQ SWMP 4 $500 4 20 $2,500 20 0 0 O 0 0 O 0 0 0 0 0 6 Design Stormwater Rate Structure 20 -Year Cash Flow Model 32 $4,000 32 0 0 0 0 Stormwater Utility Rate Design 8 $1,000 8 0 0 0 0 Stormwater Utility Documentation 40 $5,000 40 0 0 0 0 Benchmark Survey on Rates 0 $0 0 0 0 0 0 7 Prepare Ordinances and Hold Public Hearings Legal Authority 20 $2,500 20 0 0 0 0 Community Awareness Plan and Newspaper Articles 20 $2,500 20 0 0 0 0 %' Council Workshops and Public Hearings 40 $5,000 40 0 0 0 0 8 Implement New Stormwater Utility Fee with New UBS Utility Billing Modifications and Interfaces 80 $10,000 80 0 0 0 0 Initial Stormwater Billing 48 $6,000 48 0 0 0 0 Total Professional Fees 968 $ 117,000 760 112 8 8 80 Total Professional Fees Direct Project Expenses Benchmark Survey of Rates Travel and Subsistence ® one person, two day trips Travel and Subsistence Total Consulting Project Team Fees & Expenses $117,000 $95,000 $14,000 $1,000 $1,000 $6,000 $1,000 $500 $0 $0 $0 $500 $2,000 $2,000 $0 $0 $0 $0 $11,200 $11,200 $0 $0 $0 $0 $11,200 $11,200 $0 $0 $0 $0 106,700 14,000 $1,000 $1,000 $6,500 Agreement with City of Round Rock D - 1 03/23/2010 Stormwater Utility Implementation EXHIBIT D Professional Fees Professional fees for services related to this project will be billed at the following hourly billing rates. Expenses Resource Year 2010 Hourly Billing Rates Palmer Price Principal (Registered Engineer) $125 Database Programmer $125 Database Technician $125 Direct Project Expenses at cost Halff Associates Project Manager $125 GIS Project Manager $125 GIS Technician $ 75 Direct expenses incurred for this project shall for travel, reproduction costs and other expenses that may be pre -authorized by the City and will be billed at cost. Additional Services Services in addition to those described in Exhibit B can be provided upon written authorization containing a detailed scope of services, a revised time for completion, revised hourly billing rates and revised estimate of compensation. Agreement with City of Round Rock D - 2 03/23/2010 Stormwater Utility Implementation