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R-2019-0372 - 9/12/2019RESOLUTION NO. R-2019-0372 WHEREAS, the City of Round Rock desires to retain engineering services for the 2020 Impact Fee Analysis and Report Project, and and WHEREAS, Raftelis has submitted a Contract for Engineering Services to provide said services, WHEREAS, the City Council desires to enter into said contract with Raftelis, 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 a Contract for Engineering Services with Raftelis for the 2020 Impact Fee Analysis and Report Project, a copy of said contract 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 12th day of September, 2019. CRAIGORG ayor City of Ikound Wck, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1902; 00430783 . 1V11 YROUND ROCK TEXAS EXHIBIT '"A" J CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: RAFTELIS ("Engineer") ADDRESS: 3755 S. Capital of Texas Highway, Suite 155., Austin, TX. 78704 PROJECT: 2020 Imnact Fee Analysis and Report THE STATE OF TEXAS § COUNTY OF WILLIAiNISON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of ' 2019 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 (hereinafter referred to as "'City"). 78664-5299. , and Engineer, and such Contract is for the put -pose of , contracting for professional engineering services. RECITALS: 'WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides For the procurement by municipalities of services of professional. engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements Cj and respective obligations of the parties; NOW, THEREFORE, WITNESSE711-1- That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Time and Materials Engiriecring Services Contract Rev. 08/19 0199.1944; 00429434 00296523 COYrRACT DOCUMENTS The Conti -act ' Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as I.-'ullv a part of this Contract as if attached to this Contract or repeated herein. ARTICLE I CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall per -form Engineering Services as identified in Exhibit B entitled "Engineering Set -vices." 'Engineer shall perform the Engineering Set -vices in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services tinder this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Ln C Services take longer than. shown oil the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and sub ' ject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qtialifled personnel and consultants necessary to hilly and timely accomplish all Engineering Services required under this Contract in a professional manner, 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Set -vices until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Contract. Engineer shall be paid on the basis of actual hours worked by employees performing work t;p associated with this Contract, in accordance with the Fee Schedule attached hereto as Exhibit D. Payment of monies due for the Engineer's subconsultant's services shall be based on the actual amount billed to the Engineer by the subconsultant. Payment of monies due for direct cost expenses shall be based on the actual costs. The maximum amount payable under this Conti -act, without modification of this Contract as provided herein, is the sum of `Twenty -Six Thousand Two Flundred Ninety -Six and No/100 Dollars, ($26,296.00). Engineer shall prepare and submit to City monthly progress reports in sufficient detail to C� support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in *Exhibit B entitled "Engineering Services". Satisfactory progress of work shall be an absolute condition of payment. The maximum amount payable herein may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement. City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does n.ot relieve 3 Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. ARTICLE 6 VROMPT PAYMENT POIJCY In accordance with Chapter 2251. V.T.C.A.. Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. 'Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) ,for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late, or B. The terms of a federal contract, grant, regulation, or statute prevent City fi-orn making a timely payment with federal flunds; or C. There is a bona ride dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials. or equipment delivered or the Engineering Services perflormed which causes the payment to be late., or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251. V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED 1"he Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. W ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: David Freireich, P.E. Project Manager 2008 Enterprise Drive Round Rock, TX 78664 Telephone Number (512) 671-2756 Mobile Number (512) 563-112 1 Fax Number N/A Email Address dfi-eii-eicll('ii=rotiticli-ocktcxas.�° City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Senices, Engineer"s Designated Representative for purposes of this Conti -act is as follows: Angie Flores Manager 3755 S. Capital of Texas'Highway- Suite 155 AL[Stin,'*FX 78704 Telephone Number (512) 790-2108 Fax Number N/A Email Address aflores(ti,"�,raftelis.corn ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City,, or at other locations designated by City. When. requested by City, such conferences shall also include evaluation of the Engineering Services. Should. City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in -writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays., adverse conditions which may materially affect the ability to meet the objjectives of the Work Schedule, or preclude the attainment of project Engineering Set -vices units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contern plated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30.) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Set -vices may be reinstated and resumed in -fill] force and effect within sixty (60) days of receipt of written notice from. City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Conti -act is suspended for more than thirty (30) days. Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined ill Article 31 and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by. City for Engineer to begin Engineering Set -vices, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE II ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable. City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to tile execution, by both parties, of a written Supplemental Conti -act. City shall not be responsible for actions by Engineer not- for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES .If City deems it necessary to request changes to previously satisfactorily completed Engineering C3 Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract. then Engineer shall make such revisions as requested and as I directed by City. Such revisions shall be considered as additional Engineering Services and paid for as W specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required. to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Conti -act may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes Full execution of the written Supplemental Contract and. authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. W ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service"') prepared by Engineer and its subcontractors are related exclusively to the set -vices described in this Contract and are intended to be used with respect to this Project. lJowever, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall hold harmless Engineer from all claims, damages, losses and expenses, resulting therefrom. Any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re -use of modified plans. By execution of this Contract and in confiri-nation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Conti -act. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any Such documents while they are in the possession of or while being worked. upon by Engineer or anyone connected with. Engineer, including agents, employees, Engineers Or subcontractors. Z_� ZD All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Conti -act, Engineer grants to City permission to reproduce Engineer's work and documents for purposes Of Constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Conti -act. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law., to make changes, corrections or additions to the work and documents for the purposes of completing,, using and maintaining the Project, 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements 01, for similar purposes in connection with the Project is permitted. Any unauthorized use of tile Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City y any Instruments of Service in electronic -form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions "governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic -files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed. by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subseqUent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 1.5 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and SLUfficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City. is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required U11CIff this Conti -act, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City., or any authorized representatives of it, shall have the right at all reasonable tinnes to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. ff any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable Study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased. costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By Mutual agreement and consent., in writing, of both pat -ties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Set -vices set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill Its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days" written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole Judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering C 9 Set -vices completed at that time. Should City terminate this Contract Linder Subsection (4) immediately above. then the amount charged during the thirty -day notice period. shall not exceed the amount charged during the preceding thirty (30) clays. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in. performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the reasonable and necessary cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set -forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations. then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. .Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, ct. including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required red in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the 7'e:xas Limited Sales, Excise, and Use Tax Act. (3) As required by Chapter 2270, Government Code. Engineer hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"' rneans refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit comni.ercial re[ations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli - controlled territory, but does not include an action made for ordinary business purposes. 10 ARTICLE 22 INDEMNIFICATION Engineer shall save and hold City harmless from all liability for damage to the extent that the damage is caused by or results fi-om an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Engineer, Engineer's agent, or another entity over which Engineer exercises control. Engineer shall also save and hold City harmless frorn any and all expenses, including but not limited to reasonable attorneys' fiees which may be incurred by City in litigation or otherwise defending claims or liabilities, which may be imposed on City to the extent resulting from such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work. product resulting From errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be. relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, sea[ and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional. Engineers. ARTICLE 25 NON -COLLUSION. FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that lie/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract., and that he/she/it has not paid. or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award Or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability. or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. 'Engineer covenants and represents that Engineer, his/her/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 for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim fi-orn a company authorized to do insurance business in Texas and othen,vise acceptable to City. Engineer shall also notify City, within twenty -flour (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, 'Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant"s own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of instirance. (3) Insurance Policy Endorsements. Each insurance policy shall include the followhio conditions by endorsement to the policy: (a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non - renewal in coverage, and such notice thereof shall be given to City by certified mail to: 1 City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage Currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Stich Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." 12 ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce., publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the pat -ties hereto, their successors, ]awful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between. the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of aCCOLHIN, betxveen City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Angie Flores Manager 3755 S. Capital of Texas Highway, Suite 155 Austin, TX 78704 ARTICLE 33 GENERAL PROVISIONS (t) Time is of the Essence. The Set -vices shall be performed expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. Any determination to withhold or set off shall be made in good faith and. with written notice to Engineer provided, however. Engineer shall have fourteen (14) calendar days from receipt of the notice to Submit a plan. for cure reasonably acceptable to City, (2) Force Majeure. Neither City nor Engineer shall be deerned in violation of this Conti -act if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice Of SUCII impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. W (3) 'Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or Ct y I 1.4 all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied., under this Contract or otherwise, in connection with the Engineering Set -vices. tm (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s) methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. M (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary,, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTV 'I"he undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which lie/she has executed this Contract and that lie./she has full and complete authority to enter into this Contract on behalf of the firm. "rhe above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terns and provisions hereof. [signature page.1611ow9.1 15 CITY OF ROUNIJ) ROCK , I TEXAS By: Laurie Hadley, City Manager ATTEST: Bv: Sara L White, City Clerk RAFTE. IS By: A Signatui of # jv%Ar16c0j e4- Printed Name: -A'-616 ja Lor 16 APPROVED AS TO FORM: Stephan L. Sheets, City AttorticN,, LIST OF EXHIBITS ATTACHED (1) Exhibit A City Set -vices (2) Exhibit B Engineering Services (33) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 17 EXHIBIT A City Services Update of Water and Wastewater Impact Fees — The City will provide the following services: * Define the desired designated utility service area where fees could be charged * The existing (2020) and prospective I 0-year (2030) land uses * Number of current water customer water :meters by size and sewer customer water meters by size * Evaluation of existing capacity (any changes since last fee update) * Facility type * Capacity * Existing available capacity * Original Cost Prospective 10-Year Capital Improvements Plan (any changes since last fee update) * Facility type * Capacity * Est. cost * Type of service (benefiting existing customers, new customers, or both) * Design factors used in sizing various facilities * Existing Water and Wastewater Debt (any changes since last fee update) * Payment Schedule by bond series * Projects funded in each series by facility type and $ amount It is understood that the City and/or its other consulting engineers will provide information related to the inventory of existing and 10-yr future City water and wastewater utility facilities by type, capacity and installed. cost.'I"t is also understood that the City and/or its other consulting engineers will provide a consistent planning basis that underlies the CIPs development, including land use, population, utility connections., and design unit flow assumptions used in average demand and peak demand sizing facilities. The City and/or its other engineering consultants shall also delineate what portion of any existing or new facilities are City versus Developer funded. Early in this impact fee effort, HDR will coordinate with these entities as to the desired format and. construct of this information needed in. the impact fee calculations. EXHIBIT B Engineering Services TASK I — INITIAL PROJECT MEETING Raftelis will conduct a meeting with City representatives and engineers to confirm study objectives and Staff expectations, including the identification of any specific Staff issues based on past experience and anticipated growth. By bringing the Raftelis project team, City management and staff together, at the start of the project, we make certain all parties have a mutual understanding of the goals related to the study. Additionally, this task provides a solid foundation. for the project. It is critical to have management oversight to ensure that the project is completed on time and on budget. To successfully complete the project, Raftelis will be in constant communication. with City staff and City engineers regarding data requests, data validation, data decisions and review of preliminary results. Much of this can be accomplished through conference calls, emails and with demonstrations using tools such as Skype and GoToMeeting. These efforts provide for consistent and competent project management to ensure that all deadlines and objectives are met in a timely and efficient manner. We 'believe in a "no -surprises" approach so that the client is aware of the status of the project at all times. In the initial meeting, we will discuss information need to complete the project. Information to be reviewed will include the following: • Current Land Use Assumptions, • Capital Improvements Plan, • Current Water and Wastewater Connections, • Changes in Population Assumptions. TASK 2 — DEVELOP IMPACT FEE MODEL, LAND USE, AVAILAE1..E CAPACITY & NEW CIP DATA Our impact fee experience, both regionally and nationally, has provided us with a solid understanding of themethodologies and approaches used in developing impact fees. We will. combine this perspective with the legal understanding of what is allowable under Chapter. 395. Our team will work with HDR, CDM- Smith and the City's engineering staff to update and develop appropriate capacity criteria. Raftelis will develop an. impact fee model specifically for the City of Round Rock, using the previous model as a basis. The model will be used to calculate the impact fee and will include the calculation of capacities, growth and the cost per LUE. Raftelis will work with HDR, CI)M-Smith and City staff to review the land use assumptions and Capital Improvements Plan (CIP) that will support the impact fee study to ensure compliance with Chapter 395 of the Texas Local Government Code. These issues will be reviewed: • Have the service area boundaries changed? • What is the current available capacity, if any, in the existing utility system? • What new capital projects are needed in the 10-year timeframe? It is our understanding that HDR, CDM-Smith and City staff will provide all necessary information related to defining the existing and prospective utility demands, existing capacity and costs of the two utility systems and capital improvements needed. in the next 10 years. Each of the existing capacity or new capital project items will. need to be identified and quantified in terms of facility type, cost to construct, used/available capacity and cost per living unit equivalent for new capacity. Capital improvements must have a life expectancy of three or more years. Projected interest charges and other finance costs may be included only if the impact fees are used for the payment of principal and interest to Finance the capital improvements identified in the CIP. Impact fees may not be used to pay for the following: • Construction or expansion of facilities not identified in the CIP • Repair, operation, or maintenance of existing or new capital improvements or facility expansions • Upgrading, updating, expanding, or replacing existing capital improvements to serve existing development to meet stricter regulatory requirements Upgrading, updating, expanding, or replacing existing capital improvements to provide better service to existing development; and Administrative or operating costs of the City Raftelis will use the land use and capital improvements program information to calculate an updated impact fee amount. The fee calculation will consider specific estimated capital payments supported by rates or the standard. 50% deduction allowed in Chapter 395, The calculations and fee design will also be divided into component pails of the water and wastewater utilities to allow for credits or offsets against a full fee amount should the entity paying the fee provide for an acceptable portion of eligible capital at their own. expense. The full cost of capital. for these utility components will be calculated and then be pro -rated to a lesser amount should the Capital Improvement Advisory Committee (CIAC) and/or Council decide to recommend a fee less than the maximum allowable. Data will also be provided to scale the base fee per standard service unit to allow for appropriate fee levies for larger service requirements. Raftelis will also investigate any current issues with the fee amounts or its application so that this can be incorporated into the fee design or the ordinance applicability. Raftelis will provide technical and production support for the preparation of an Advisory Committee report. Raftelis will provide a draft and final written report of the Advisory Committee to the City Council outlining the Committee's recommendations on land use assumptions, 10-year capital improvement plan, fee design and calculation, offset credits and any policy or fee issues that may affect the pending ordinance provisions. TASK 4 - COORDINA-11-10N WITH COMMITTEE, COUNCIL AND PUBLIC 1HEARING Raftelis will develop support materials and coordinate with the CTAC in the fee update process to assure that the provisions of Chapter 395 of the Local Government Code are met and that all key parties are adequately informed. The proposed Formal coordination effort includes the following activities: City Staff — Three Meetings. The first meeting with City staff will be a work session to discuss data needs related to the land use assumptions, existing capacity, capital improvement needs, or ordinance provisions. The second meeting would be to review draft results of the fee update and suggested ordinance reviews. The third meeting will be to coordinate any final revisions after the Committee's review. Capital bnprovement Advisory Committee — Three Meetings. The first meeting with the Committee will be to brief the CIAC on the Chapter 395 process, .review their charge and discuss the next steps. The second meeting will. be to discuss the land use assumptions and CIP. This will. include reviewing the draft committee report developed up to that point. The third meeting 2 will be to discuss the calculation of the impact fee and. the draft committee report for use in the public hearing. City Council — Two Meetings. There will need to be one public hearing held by the City Council for consideration of the impact fee study (Land Use Assumptions, CIP and the adoption of the .impact fee). The council will need to set the date of the public hearing in a meeting prior to the posting the date of the hearing. Raftelis will prepare the necessary information required under Chapter 395 for the public notice for a Public Hearing on the land use assumptions, the CIP and the fee update. This information will be provided to the City for placement and it is understood that the City will provide for the cost of publication and any certified mailings that may be required. Raftelis will also prepare a CIAC report for release at the time of the publication notice and. for later use at each public hearing to brief the audience on the data and considerations incorporated in. the draft fee proposal. Raftelis will also prepare a presentation for the public hearing briefing and provide either a lead or support role to the Committee chairman and staff in making the presentation at each public hearing. The Council lst reading for adoption of the impact fee will occur at the public hearing if the council approves the impact .fee. This level. of coordination effort does not assume any significant additional. coordination with local. groups, if they become involved. in a detailed lobbying effort. Any additional meetings that might be need could be provided on an hourly basis as shown in Attachment B. EXHIBIT C Work Schedule Raftelis has developed a schedule assurning a start date of July 1, 2019. The schedule is dependent upon the timeliness of the data and completion of the master plans as provided by the City, HDR. and CDM- Smith. In. addition, the schedule will be dependent on the speed with which the CIAC and Council make decisions, J!"lly Aqyst Oc. t be r Q',i c e m b e r T;sk 1: Initial Protect Meeting TO 2, DeVeMP hri)!30 FeIMOdelt Lad Use,Available A CaNctly & NeA CIP Dlti W isk 3: Impact Free e.pd �2 T34 4: CORAMID-1 With CO?MmPet, C�Fwnjl and Pubk, Tasks T i ask 1; Initial Projed Meeting Task 2: Develop Impact Fee Mmdel, Land Use, Available Capacity & New CIP Data Task I impact Fee Calculation & Report Task 4: Coordination -with Comn,,UtM Council i-...-)d Public Hoaring 'Total Estimated Meetings; Hours (011 fly Hillq R.'Ite Total Professional Fees T EXHIBIT D Fee Schedule V'Vi�b Number 0' !Aeefings Meetings AF 1 4 .1 1 G Houri Dial Fees & Expenses r r 8 s1,938 r 24 x a8=168 a 52 76 2 130 $240 $156 $30 S12,430 1:73.0 $160 $24;420 Total Fees 524,420 Tt.,;tal Expenses $1,876 "ofal F€�Ls & Expenses RAFTELTS 2019 Standard Hourly Billing Rates Position Hourly Ming Rate ** Chair $425 Chief Executive Officer/President $ -37 5 Executive Vice President $325 Vice President/Principal Consultant $295 Director of Governmental Services $295 Senior Manager $265 Director of Florida Operations $225 Manager $240 Senior Consultant $210 Consultant $185 Associate $155 Analyst $115 Administration $80 'Fechilology/Coiiii-nuiiicatiolis Charge* $10 Tech no logy/Corn m un ication s Charge — this is an hourly fee charged monthly for each hour worked on the project to recover telephone. 'facsimile, computer, postage/overnight delivery, conference calls, electronic/computer webinars, photocopies, etc. ** For services related to the preparation for and participation in deposition and trial/hearing, the standard billing rates listed above will be increased by an amount tip to 50%. 1) EXHIBIT E Certificates of Insurance Attached Behind This Page Client#: 1722483 RAFTEFIN ACARD,., CERTIFICATE ATE OF LIABILITY INSURANCE DATE (MMIDD/Y YY) 8/07/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOSES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, i;he poIIcy(Ies) must have Af3DITIONAt, INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement se this certificate does not confer any rights to the certificate holder in lieu of such endorsoment(s), on PRODUCER ICONTACT Cameron M Harris & Co, LLC :NAME. Linda Rolfe PHONE ............. -...,-.............._ FAR _...... �Alc No. Ext,1,_.980 266-6804 A R Div USI Ins _E:MA,L (.....,No): -- ADDREss;.- linda.roffe@usi.com Fairview Road Ste 1400 .......... __ -_........... _.._... _................ Charlotte, NC 2$210 INSURER(S) AFFORDING COVERAGE NAIL # 1 INSURER A: National Fire Insurance Co. of Hartford �- ...... ...-- i 0478 INSURED ..._. ...... _._......._ .. ! INSURER B : Continental Insurance cornpany i 35289 Raftelis Financial Consultants, Inc. t.......................------•�--......_..... _.._.............. _................ _ j Continental Casualty Company 2�443 227 West Trade Street, Ste. 1400 INSURER c . _ _ Charlotte, NC 28202 I INSURER D INSURER E COVERAGES CERTIFICATI > IIMRFR .,,_...,,.r ......_.___ "%J1V1G/GR: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ .._...._._._............ . _ ..........._. N$R IADDL SUB LTR . _ _ ......... .._TYPE {7F INSURANCE POLICY EFF POLICY EXP ........... .. .... _ ......... ....... ___ _...._. I�tSR,tWVD POLICY NUMBER (PdMtDD/YYYY}. {MMJDDlYYYYj __...................._...... LIMITS A X COMMERCIAL GENERAL LIABILITY --- ......... 6076000011 1/21/2019 01/21/2020 EACH OCCURRENCE s1,000;U00 CLAIMS -MADE �� OCCUR ? PRE 1$LSI RENTED _....__ _... a I.........._. Ea,cccurren a}_... 500,009 _... — _...... i fvtED ExP (Any one pe oa)...._._.... 16x000. _.... _......................... PERSONAL & ADV INJURY i $1r 000�.000 __..._...... ................. ..._._... ...... GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE....5 2 ,000,000 PRO- -_._._..._..... • Pot -icy F^Y JECT F _._._ _._.: L PRODUCTS - COMPIOP AGG S 2,000,000 OTHER _� S ........ S A AUTOMOBILE LIABILITY_ __.. CCJFfE3tNE(� SINGLE Llivit7 �` ._............ _.. 16076000025 1/21/2019;01121/2020 (E aaccident) 1,t}00,1#00 ANY AUTO URY Per oerson) g V OYANEO SCHEDULED i AUTOS ONLY ; AUTOS ? BODILY INJURY (Per accident) ; S ---} HIRED NON-01ANED ! _ _ xi AUTOS ONLY X U rJS ONLY PROPERTY DAMAGE A —; } ( Per accident) ? .........._... ___._.......... _... I { }. ._-------- ( i.......... .... _..,w......_..._.._------------------- --------_ c _------ _........ .......... ......._._._ ...._.._ B }( UMBRELLA LIAR X OCCUR i 6076000I)39 1/21/2019 01/21120201 EACH OCCURRENCE S5t0_...-....._....._. �1 ; _ _.__._.._.._...... 00,000 EXCESS LIAt3 ._............. s. C AEfv...... E I AcR ...... ;.S5,Ot10,0U0. DEC L I ROTENTION S E ......... ..... .,- __ .................. - i E WORKERS COMPENSATION .. , .._ S ........... . B AND EMPLOYERS' LIABILITY : 576305537 1/21/2019 01/21/2020 X +$T TL)TC iEORH I Y/N —_... TINY PROPRIETORIPAR T NERIEXECUT':VE - . ' 67600042- GA i E.L. EACH ACCIDENT 51 000 000 OFFICER;MEMBER EXCLUDED? N i A _...... ...._ _._ ..,._z.-___ .. _........� (Mandatory In NH) If yes. describe under _E L. DISEASE -;-::A EMPLOYEE! $1�000,000 DESCRIPTION OF OPERATIONS bei; v � _ _...E.L.D SEASE - POLICY LIMIT i S C Prof, Liab. _.....__...........,000,000 Rfi?ff71?'t:. DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Update the City of Round Rock's Water and Wastewater impact Fees. ,o....... rv..r, r &.. rrve..vcn City of Round Rack Attn: Michael Thane 221 East Main St. Round Rock, TX 78664 ACORD 25 (2016/03) 1 of 1 #S26317218/M26288376 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE c�) 1953-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SSAZP