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R-03-02-27-9G2 - 2/27/2003Mayor Nyle Maxwell Mayor Pro-tem Torn Nielson Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Gallahan Gary Coe City Manager Jim Nose City Attorney Stephan L Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. March 11, 2003 Dear Mr. Haney: Mr. Ken Haney Vice President HDR Engineering, Inc. 2211 South IH 35, Suite 300 Austin, TX 78741 The Round Rock City Council approved Resolution No. R- 03- 02 -27- 9G2 at their regularly scheduled meeting on February 27, 2003. This resolution approves the agreement for Engineering Services to update the City's water and wastewater impact fees. Enclosed is a copy of the resolutions and original agreement for your files. If you have any questions, please do not hesitate to contact Tom Clark at 341 -3146. S . cerely, Christine R. Martinez City Secretary Enclosure co;tili, CITY OF ROUND ROCK Administrative Dept , 221 East Main Street • Round Rock, Texas 78664 Phone 512 218.5400 • Fax: 512.218 7097 • www.ci.round -rock tx.us WHEREAS, the City of Round Rock desires to retain engineering services to update the City's water and wastewater impact fees, and WHEREAS, HDR Engineering, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with HDR Engineering, 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 Engineering Services with HDR Engineering, Inc. to update the City's water and wastewater impact fees, a copy of said agreement 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 27th day of February, 2003. L, Mayor AT CHRISTINE R: MARTINEZ, City Secret 0 \,daz \RES OLUTI \R3022102 WPD /ec RESOLUTION NO. R- 03- 02- 27 -9G2 ■ • •, Ci y of Round Rock, Texas ROUND ROCK, TEXAS PURPOSE PASSION. PROSPERRY THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH HDR Engineering, Inc. For Water and Wastewater Impact Fee Update THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the day of the month of , 200 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 "City"), and HDR Engineering, Inc., whose principal place of business is located at 2211 III-35 S., Suite 300, Austin, Texas 78741, (hereinafter called "Engineer"), and such Agreement is for the purpose of contracting for professional engineering services. RECITALS e Contract No. 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 and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: 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: CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. 1 EXHIBIT 11Alt ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement 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 work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 30day of the month of June, 2004, unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work 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 work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (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 services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." 2 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 Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of Forty-five Thousand Dollars ($45,000) as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable may be revised only by written Supplemental Agreement in the event of a change in scope, additional complexity from that originally anticipated, or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to 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 "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is 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 work 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 work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work 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 not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its negligence. Engineer's Contract- revised 10- 2002/specs muter 3 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 City receives the supplies, materials, equipment, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials, equipment, or 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 to payments made by City in the event: A. There is a bona fide dispute between City and Engineer conceming 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 from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed 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 Agreement 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. City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." City's Designated Representative for purposes of this Agreement is as follows: Tom Clark Director of Utilities 221 East Main Street Round Rock, Texas 78664 (512) 341 -3146 (512) 341 -5563 ARTICLE 6 PROMPT PAYMENT POLICY ARTICLE 7 NOTICE TO PROCEED ARTICLE 8 PROJECT TEAM 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this project. 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 Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: Ken Haney, P.E. Executive Vice President HDR Engineering, Inc. 2211 S. IH -35 S., Suite 300 Austin, Texas 78741 512- 912 -5107 512 - 912 -5158 (fax) ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, 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 work. 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 Engineer's services and work. Should City determine that the progress in production of work 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 work, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, 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. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such Enginecr's Contract- revised 10- 2002/specs master 5 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 work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Agreement 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 Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK ARTICLE 13 SUPPLEMENTAL AGREEMENTS 6 If City deems it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work 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 work. The terms of this Agreement may be modified by written Supplemental Agreement if City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Tenn." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he /she/it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the 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 work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he /she /it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, 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 work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review Engineer's Contract - revised 10-2002/specs master 7 or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If 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 Agreement, 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 Agreement may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the services 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 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 Engineer. In determining the value of the work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. 8 If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional 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 scope of services under this Agreement. 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 Agreement, 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 in the performance of the professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her /itself and his/her /its agents or employees, performed under this Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or Engineer's Contract- revised 10- 2002/specs master 9 employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or corrections 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 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, seal 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 he/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 Agreement, 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 Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement 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 ind 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 Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain 10 during the term of this Agreement, 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 Agreement, 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 insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Engineer shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non - renewal, or material change in coverage it receives from its insurer. 2. Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Engineer. 3. The Tenn "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the, individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. 4. 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. 5. Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (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 the City. Such Certificates of Insurance are evidenced as Exhibit " " herein entitled "Certificates Engineer's Contract - revised 10- 2002/specs master 11 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 Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Agreement, 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 Agreement 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 Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement 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 Agreement 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 accounts between 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 Agreement. ARTICLE 32 NOTICES All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the followiiig respective addresses: 12 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: Ken Haney, P.E. Executive Vice President HDR Engineering, Inc. 2211 S. RI -35 S., Suite 300 Austin, Texas 78741 512- 912 -5107 512- 912 -5158 (fax) ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement 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 such impediment or delay in - performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement 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 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 the State of Texas. Engineer's Contract- revised 10- 2002/specs master 13 ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Agreement and that he/she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. , approved by the City Council on the day of the month of , 200 , and Engineer, HDR Engineering, Inc., signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS: By: Mayor ATTEST: By: City Secretary ENGINEER: By: ? gnature of Principal Printed Name: /'r ATTES : 14 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" Engineer's Contract- revised 10- 2002/specs master 15 Exhibit A SERVICES TO BE PERFORMED BY THE CITY OF ROUND ROCK, TEXAS Services to be performed or information to be provided by the City of Round Rock or its Other City- Retained Engineering Consultants: - Input to impact fee application (service) area, land use & utility growth assumptions underlying the proposed fee; - Provide electronic file of map of intended service area; - Recent number of water customers by water meter size and number of wastewater customers by water meter size - Identification of existing available capacity by facility type and estimated cost; - 10 -year capital needs, costs, & service capacities for water and wastewater projects; - What percent of new project capacity is attributable to future growth; - Outstanding water and wastewater debt by type of facility category; - Placing of public notices and payment of advertising costs; and - Coordination with and direction from the City Attomey, as needed. Exhibit B SERVICES TO BE PERFORMED BY THE HDR ENGINEERING, INC. PROPOSED SCOPE OF PROFESSIONAL SERVICES FOR A WATER AND WASTEWATER IMPACT FEE UPDATE FOR THE CITY OF ROUND ROCK, TEXAS Prepared for. City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Prepared by Ha HDR Engineering, Inc. 2211 S. IH-35, Suite 300 Austin, Texas 78746 February 2003 PROPOSED SCOPE OF PROFESSIONAL SERVICES FOR A WATER AND WASTEWATER IMPACT FEE UPDATE FOR THE CITY OF ROUND ROCK, TEXAS 1.0 PROPOSED SCOPE OF SERVICES Task 1 — Update Planning Data and Debt Payments in Rates HDR will work with City staff to help define the area in which the municipal water and wastewater impact fees may be charged, the components of existing and projected 10 -yr land uses within that area, and anticipated growth associated with water and wastewater service in compliance with Chapter 395 of the Texas Local Government Code. We will also work with City staff to identify outstanding debt and related funded facilities that are being repaid with utility rate revenues. Task 2 — Coordinate Existing Capacity and CIP Data Needs and Demand Allocations Chapter 395 also requires that the impact fees be based on available existing capacity and a 10 -Year Capital Improvements Program. The statute limits spending of impact fee proceeds to items identified in the CIP. Each of the existing capacity or new water and wastewater capital project items needs to be identified or quantified in terms of: ✓ type of facility • water supply, • wastewater treatment (possible • treatment, pass -thru to LCRA) • pumping and transmission, • pumping and interceptors, • distribution, • collection, • reclaimed water (if any) ✓ construction cost (design, permit, and construction), ✓ available capacity (existing facilities) and rated capacity (new facilities), and ✓ facility cost per living unit equivalent. For purposes of scope budgeting, it is assumed that the capital needs identified in the pending Water and Wastewater Master Plans and existing available data for needed wastewater improvements will serve as the basis for new capital improvements to be included in the impacts fees. HDR efforts on this task will be focused on: coordinating the definition of existing available capacity with City staff: coordinating the type and format of data needed from the Water and Wastewater Master Plans; and working with the consultants for the Master Plans and City to allocate the 10 -year utility demand back to various existing or new facilities. Task 3 - Impact Fee Calculation and Application HDR would use the land use and capital improvements program information previously developed, as well as other City and professional trade information, to calculate an updated fee amount. The fee calculation will consider capital payments through the rates or the 50% deduction allowed in Chapter 395. The calculations and fee design will also be divided into component parts 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 Committee and /or Council decide to recommended 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. HDR 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. HDR will provide technical and production support for the preparation of an Advisory Committee report. Task 4 - Revise Ordinance Based on Committee, Council, and public input, HDR will review the current fee ordinance to ascertain any needed changes in wording. These draft changes will be coordinated with the City Attorney and other interested parties. Task 5 — Coordination with Committee, Council, and Public HDR will develop support materials and coordinate with various interested stakeholders in the fee update process to assure that 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 — Four Meetings. The first meeting with the City staff would be a work session to discuss legal and policy issues surrounding the fee development and application. The second meeting would consider any needed changes to the service area, land use, utility growth assumptions, and existing debt repaid with utility rates. The third meeting would address capital improvements needs and allocation of utility demands. The fourth meeting would be to review the draft results of the fee update and suggested ordinance revisions (City Attorney attending). Impact Fee Advisory Committee — Three Meetings. The first meeting to brief the Committee on impacts fees and the Chapter 395 process. A second meeting with the Committee would be to coordinate the draft impact fee calculation and seek Committee concurrence with any revised fee proposal that would be presented at the public hearing. The third meeting with the Committee would be to review the Committee feedback, make any revisions to the fee calculations, review the draft Committee report, and seek Committee adoption for filing with Council. City Council — Two Meetings. The first meeting with the Council would be to present information from the Committee and seek Council initial adoption of the land use, CIP and fee data and to set the Public hearing date. The second meeting would be to present and discuss information on the proposed fees at the Public Hearing and possible Council action upon closing of the Public Hearing. Public Hearings — One Meeting. HDR would 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. HDR would also prepare an Advisory Committee report to Council that will be made available to the public and also provide either a lead or support role to the Committee chairman and staff in making the presentation at the public hearing and Council consideration for adoption. ■ Task 6 — Reporting HDR would prepare 10 draft and 10 final copies of the Technical Advisory Committee report to the City Council outlining the Committee's recommendations on impact fee service area, land use assumptions, 10 -year capital improvements plan, fee design and calculation, offset credits, and any policy or fee issues that may affect the pending ordinance provisions. HDR would also work with the City Attorney to prepare a draft ordinance for City consideration. 2.0 INFORMATION OR ACTIVITIES TO BE SUPPLIED BY THE PARTIES City of Round Rock or Other City Retained Engineering Consultants - Input to service area, land use & utility growth assumptions underlying the proposed fee; - Provide electronic file of map of intended service area; - Recent number of water customers by water meter size and number of wastewater customers by water meter size - Identification of existing available capacity by facility type and estimated cost; - 10 -year capital needs, costs, & service capacities for water and wastewater projects; - What percent of new project capacity is attributable to future growth; - Outstanding water and wastewater debt by type of facility category; - Placing of public notices and payment of advertising costs; and - Coordination with and direction from the City Attorney, as needed. HDR Engineering - Coordinating CIP data needs from other parties (HDR Water Mater Plan engineers and WW capital needs from City staff); - Calculation of suggested revised fees. - Paper or electronic file mock -ups of the public notice. - A summary briefing handout and presentation on the fee assumptions and proposal. - An Advisory Committee Report. - Coordination for the Advisory Committee and City Council - An initial draft municipal ordinance. - A copy of the electronic spreadsheet used to model and calculate the fees. 3.0 MANAGEMENT AND STAFFING Mr. Tony Bagwell, Senior HDR Economist, would serve as project manager and senior financial analyst for the effort. Mr. Ken Haney, P.E. would serve as project principal. Mr. Grady Reed would provide technical support, as needed. o>, riviti .'c es ' ' . - '��y.;.✓z;,'a'i_,; - iAc .. .. :?_:ti :Y" `12003 = •, _:T ^+• L. .- a 2004 •,• . �,,,^;, , F b 'Mar M .Jun; %Jul 'Aug "'Se Sep Oct'. Nov Dec Jan' Feb Feb Mar 'Apr .MayJun -JWRodeo _ " Rodeo to Pro ed ce' r�'`-' -m". Task 1 Update Planning Daata/Debt IP Ritoc Task 2- 0 oord CIP Data Needs/Demand Nlocadon Aication. ,Task 2^ Impact Fee Calculzdon and ppl Task; Revise Ord n ce'� -+' 4 an d .. ^�,ry� Y' Task ii -Coordination '.Meetwith,Cdy Staff . n , •Kt Ma etwlth Advisory Co mmitt e es' P ublic Hearing -, Y CityCOUn<il Meeting '.'' . '' �j Iray l -•` ',«`, . 4 - y; e- ±;�k...iu+saw.iei.wcftirrew7`. a ;', ` =.� ,°, r;• , - Y ' •`Mw ca. - n -� 3 ;ysYie. _ '• C3 - e Z.-31 SI - Staff Work Session on Legal Issues and Formes S2 - Staff Work Session on Land Use, Growth and De t in Rates 53- Staff Work Session on CP, Demand Allocations, and Draft Fee Calculabons S4- Staff Work Session on Draft Ordinance Al - Brief Convnitae on Impact Fees and Chapter 395 process A2 -Present and discuss draft report with Commq[ee A3 - Adoption and Nmg of Conunmee report to Council HI -After CI, provde public notice (three weekly notices between 60 and 30 days before hearing) H2 - Public Hearng on amended data and fee, CI - Within 60 days of Council adopts order for public hearing C2- Possible council action to adopt (not as an emergency measure) C3- Last date in 30 -days allowed for Coursed adoption. Exhibit C HDR ENGINEERING, INC STUDY SCHEDULE As this effort is dependent upon the date of notice to proceed and actions of other consultants, the Advisory Committee, City staff, and City Council, HDR has developed an anticipated schedule, shown in Figure 1 below. A considerable amount of the effort towards developing the fees cannot be performed until the engineering consultants have completed the CIPs arising from the separate Water and Wastewater Master Plan efforts. FIGURE 1 ANTICIPATED SCHEDULE WATER AND WASTEWATER IMPACT FEE UPDATE FOR THE CITY OF ROUND ROCK, TEXAS Exhibit D HDR ENGINEERING, INC FEE SCHEDULE As shown in the table below 1, HDR proposes to develop the water and wastewater impact fee update for $45,000, proposed on a time and materials basis. This budget amount contains a 20% contingency for unexpected efforts or meetings. HDR will only these expend contingency funds with written approval from the City of Round Rock project manager. This level of effort assumes that the HDR effort under this contract would only coordinate CIP information needed and review the CIP results. The development of the CIPs will be accomplished under separate contracts. A LABOR EXPENSES Hourly Effort Activity B. NON -LABOR EXPENSES Item PROPOSED FEE SCHEDULE WATER/WASTEWATER IMPACT FEE UPDATE Protect Senior Total Manager Engineer Engineer Planner Mensal Total Hours Cost Task 1 - Update Planning Data & Debt it Rates 16.0 400 56.0 $ 5,580 Task 2- Coordinate CIP Data Needs/Demand Allocations 320 160 48.0 $ 6,200 Task 3 - Impact Fee Calculation and Application 40.0 12 0 52 0 $ 7,130 Task 4 - Revise Ordinance 24.0 24 0 $ 3,720 Task 5- Coordination with Staf f/Commiaee/CounuUPubric 550 7.0 62.0 $ 9,068 Task 6 - Reporting 240 160 400 $ 4,464 Total Labor Hours 1910 - - 750 16.0 2820 Loaded Labor Expense per Hour $ 155 $ 155 5 109 $ 78 $ 47 Total Labor Expense $ 29,605 $ - $ - 5 5,813 $ 744 $ 36,162 Unit Total Quantity Price Cost Mileage - Round-trip Austin/Round Rock 12 round -trips $ 10 per hip $ 120 Computer 30 hours $ 10 per hour $ 300 Communications (telephone, FAX, mad) 50 ea $ 1 Ls. $ 50 Reproduction 30 reports $ 25 ea. $ 750 Misc. $ 1 ea. 5 118 Ls. 5 118 Total Non -Labor Expenses $ 1,338 C. TOTAL PROJECT BUDGET (we/contingency) 5 37,500 D. TOTAL PROJECT BUDGET (w120% contingency) $ 45,000 Exhibit E HDR ENGINEERING, INC CERTIFICATE OF INSURANCE FEB. 7.2003 9:35AM LOCKTON COMPANIES N0.152 P.2/2 CERTIFICATE OF LIABILITY INSURANCE PRODUCER Lockton Companies 444 W. 47th Street, Ste 900 Kansas City, MO 64112 -1906 INST)RED UDR Engineering, Inc. 8404 Indian Hills Drive D Continental. Cas (V.0. Schinnerer) IS Y TI3AT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter descnbed. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE GENERAL LIABILITY A GL03504583 6/1/02 6/1/03 AUTOMOBILE LIABILITY EXCESS LrABII.rrY Date; 2/7/03 COMPANIES AFFORDING COVERAGE A Zurich American Ins Co — 0.B., KS R American Guarantee & Liab (Zurich) C Sentry Ins. Co. GENERAL AGGREGATE $1,000,000 PRODUCTS-COMP" A00. S 1, 000 , 000 PERSONAL & ADV. INIiRY 51,000,000 EACH OCCURRENCE 31,000,000 FIRE DAMAGE (Any one fire) $1,000,000 0400. EXPENSE(Any one person)x 5,000 COMBINEDSINGLBLIMIT 51,000,000 BAP3504584 6/1/02 6/1/03 BODILY INJURY (Per poison) S BAP3504585 6/1/02 6/1/03 BODTLYINJURY(Poraccident) $ TAP3504586 6/1/02 6/1/03 PROPERTYDAMAGE WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY C 90- 14910 -01 6/1/02 6/1/03 DESCRIPTION OF OPERAT IONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS Cart of loser proLdoe EXHIBIT EACH OCCURRENCE AGGREGATE STATUTORY LIMITS X EACHACCIDENT 5 DISEASE- POLICY LIMIT DISEASE - EACH EMPLOYEE 5 PROFESSIONAL LIABILITY D PLN113978408 6/1/02 6/1/03 Per Claim: $1,000,000 Aggregate: $1,000,000 1,000,000 x1,000,000 x1,000,000 RE: Professional services for City of Round Rock, TX; Water & Wastewater Impact Fee Update The City ofRound Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability and Professional Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 73664 Typ Name: Grover Simpson Title: President Barbed 10/2002 DATE: February 21, 2003 SUBJECT: City Council Meeting — February 27, 2003 ITEM: 9.G.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with HDR Engineering, Inc. for services to update the City's water and wastewater impact fees. Resource: Tom Clark, Director of Utilities History: Impact fees are charged against new development in order to recover the cost of capital improvements or facility expansions necessitated by the development. The existing water and wastewater impact fees went into effect July 11, 2002. Current impact fees for water and wastewater are $3,969 per living unit equivalent. Because of changing economics and the cost to meet future needs, these fees must be updated on a regular basis to reflect current costs of the City's utility for infrastructure to meet current and future demands. The Study will review current capacities and proposed capital improvements and Staff is recommending that HDR Engineering Inc. perform the work. Funding: Cost: Source of funds: Outside Resources: Sponsor: N/A $45,000 - Capital Recovery Fees HDR Engineering Impact: Need to stay compliant with Chapter 395 of the Texas Local Government Code and to address concerns voiced by area builders. The impact fee will likely be paid by the builder or homeowner, and changes in the impact fee may affect the price of housing. Any competitive impact on City economic development is mitigated by the fact that most surrounding cities also have utility impact fees. Benefit: Provides a legal means of helping make growth pay for itself through an up -front investment (fee payment) by the new customer in the system's current or near - term infrastructure. This acts to offset the amount of new capital that is debt financed and supported by rate revenue paid by both existing and new customers and will recover a portion of the cost of constructing capital improvements necessary to serve new development. Public Comment: Staff is coordinating this effort with comment from the Texas Capitol area Homebuilders Association. ROUND ROCK, TEXAS PURPOSE PASSION PROSPERITY THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH HDR Engineering, Inc. For Water and Wastewater Impact Fee Update R -o3- oa -a - 9g,z 1 THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the day of the month of , 200, 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 "City"), and HDR Engineering, Inc., whose principal place of business is located at 2211 I1-1-35 S., Suite 300, Austin, Texas 78741, (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. RECITALS Contract No. 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 and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: 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: CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement 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 work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 30day of the month of June, 2004, unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work 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 work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (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 services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." 2 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 Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of Forty-five Thousand Dollars ($45,000) as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable may be revised only by written Supplemental Agreement in the event of a change in scope, additional complexity from that originally anticipated, or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to 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 "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. . The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is 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 work 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 work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work 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 not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its negligence. Engineer's Contract- revised 10- 2002/specs master 3 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 City receives the supplies, materials, equipment, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials, equipment, or 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 to payments made by City 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 from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed 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 Agreement 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. Tom Clark Director of Utilities 221 East Main Street Round Rock, Texas 78664 (512) 341-3146 (512) 341-5563 ARTICLE 6 PROMPT PAYMENT POLICY ARTICLE 7 NOTICE TO PROCEED City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this project. 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 Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: Ken Haney, P.E. Executive Vice President HDR Engineering, Inc. 2211 S. IH -35 S., Suite 300 Austin, Texas 78741 512- 912 -5107 512- 912 -5158 (fax) ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, 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 work. 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 Engineer's services and work. Should City determine that the progress in production of work 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 work, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, 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. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such Engineer's Contract- revised I0- 2002/specs master 5 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 work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he /she /it has been directed to perform is beyond the scope of this Agreement 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 Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work 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 work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, 6 Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he/she/it has fumished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the 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 work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he/she/it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, 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 work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review Engineer's Contract- revised 10.2002/specs master 7 or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If 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 Agreement, 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 Agreement may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the services 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 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 Engineer. In determining the value of the work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. 8 If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional 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 scope of services under this Agreement. 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 Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall fumish City with satisfactory proof of his/her /its compliance. Engineer shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her /itself and his/her /its agents or employees, performed under this Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attomeys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or Engmecr's Contract-revised 10- 2002/specs master 9 employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or corrections 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 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, seal 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 he /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 Agreement, 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 Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement 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 Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain 10 during the term of this Agreement, 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 Agreement, 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 insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: , 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Engineer shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non - renewal, or material change in coverage it receives from its insurer. 2. Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Engineer. 3. The Term "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. 4. 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. 5. Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be home solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. Such Certificates of Insurance are evidenced as Exhibit " " herein entitled "Certificates Engineer's Contract - revised 10- 2002/specs master 11 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 Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Agreement, 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 Agreement 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 Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement 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 Agreement 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 accounts between 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 Agreement. ARTICLE 32 NOTICES All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: 12 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: Ken Haney, P.E. Executive Vice President HDR Engineering, Inc. 2211 S. IH -35 S., Suite 300 Austin, Texas 78741 512- 912 -5107 512- 912 -5158 (fax) ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement 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 such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement 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 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 the State of Texas. Engineer's Contract - revised 10- 2002/specs master 13 The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he /she has executed this Agreement and that he /she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name is ayor, duly authorized to execute the same on t s behalf by Resolution No. -c 3-( ,)- 7- /& aL approved by the City Council on the c 7 day of the month of Fr(3uaA2 y , 2003 , and Engineer, HDR Engineering, Inc., signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. By: By: By: CITY OF ROUND ROCK, TEXA ATTEST: City Secretary ENGINEER: ARTICLE 34 SIGNATORY WARRANTY i of Principal l �� Printed Name: /Ck '6T /. r Lf oF L 14 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" Engineer's Contract-revised 10- 2002/specs master 15 Exhibit A SERVICES TO BE PERFORMED BY THE CITY OF ROUND ROCK, TEXAS Services to be performed or information to be provided by the City of Round Rock or its Other City- Retained Engineering Consultants: Input to impact fee application (service) area, land use & utility growth assumptions underlying the proposed fee; - Provide electronic file of map of intended service area; - Recent number of water customers by water meter size and number of wastewater customers by water meter size - Identification of existing available capacity by facility type and estimated cost; - 10 -year capital needs, costs, & service capacities for water and wastewater projects; What percent of new project capacity is attributable to future growth; - Outstanding water and wastewater debt by type of facility category; - Placing of public notices and payment of advertising costs; and - Coordination with and direction from the City Attomey, as needed. Exhibit B SERVICES TO BE PERFORMED BY THE HDR ENGINEERING, INC. PROPOSED SCOPE OF PROFESSIONAL SERVICES FOR A WATER AND WASTEWATER IMPACT FEE UPDATE FOR THE CITY OF ROUND ROCK, TEXAS Prepared for: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Prepared by Ha HDR Engineering, Inc. 2211 S. IH -35, Suite 300 Austin, Texas 78746 February 2003 PROPOSED SCOPE OF PROFESSIONAL SERVICES FOR A WATER AND WASTEWATER IMPACT FEE UPDATE FOR THE CITY OF ROUND ROCK, TEXAS 1.0 PROPOSED SCOPE OF SERVICES Task 1 — Update Planning Data and Debt Payments in Rates HDR will work with City staff to help define the area in which the municipal water and wastewater impact fees may be charged, the components of existing and projected 10 -yr land uses within that area, and anticipated growth associated with water and wastewater service in compliance with Chapter 395 of the Texas Local Government Code. We will also work with City staff to identify outstanding debt and related funded facilities that are being repaid with utility rate revenues. Task 2 — Coordinate Existing Capacity and CIP Data Needs and Demand Allocations Chapter 395 also requires that the impact fees be based on available existing capacity and a 10 -Year Capital Improvements Program. The statute limits spending of impact fee proceeds to items identified in the CIP. Each of the existing capacity or new water and wastewater capital project items needs to be identified or quantified in terms of: ✓ type of facility • water supply, • wastewater treatment (possible • treatment, pass -thru to LCRA) • pumping and transmission, • pumping and interceptors, • distribution, • collection, • reclaimed water (if any) ✓ construction cost (design, permit, and construction), ✓ available capacity (existing facilities) and rated capacity (new facilities), and ✓ facility cost per living unit equivalent. For purposes of scope budgeting, it is assumed that the capital needs identified in the pending Water and Wastewater Master Plans and existing available data for needed wastewater improvements will serve as the basis for new capital improvements to be included in the impacts fees. HDR efforts on this task will be focused on: coordinating the definition of existing available capacity with City staff: coordinating the type and format of data needed from the Water and Wastewater Master Plans; and working with the consultants for the Master Plans and City to allocate the 10 -year utility demand back to various existing or new facilities. Task 3 - Impact Fee Calculation and Application HDR would use the land use and capital improvements program information previously developed, as well as other City and professional trade information, to calculate an updated fee amount. The fee calculation will consider capital payments through the rates or the 50% deduction allowed in Chapter 395. The calculations and fee design will also be divided into component parts 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 Committee and /or Council decide to recommended 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. HDR 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. HDR will provide technical and production support for the preparation of an Advisory Committee report. Task 4 - Revise Ordinance Based on Committee, Council, and public input, HDR will review the current fee ordinance to ascertain any needed changes in wording. These draft changes will be coordinated with the City Attorney and other interested parties. Task 5 — Coordination with Committee, Council, and Public HDR will develop support materials and coordinate with various interested stakeholders in the fee update process to assure that 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 — Four Meetings. The first meeting with the City staff would be a work session to discuss legal and policy issues surrounding the fee development and application. The second meeting would consider any needed changes to the service area, land use, utility growth assumptions, and existing debt repaid with utility rates. The third meeting would address capital improvements needs and allocation of utility demands. The fourth meeting would be to review the draft results of the fee update and suggested ordinance revisions (City Attorney attending). Impact Fee Advisory Committee — Three Meetings. The first meeting to brief the Committee on impacts fees and the Chapter 395 process. A second meeting with the Committee would be to coordinate the draft impact fee calculation and seek Committee concurrence with any revised fee proposal that would be presented at the public hearing. The third meeting with the Committee would be to review the Committee feedback, make any revisions to the fee calculations, review the draft Committee report, and seek Committee adoption for filing with Council. City Council — Two Meetings. The first meeting with the Council would be to present information from the Committee and seek Council initial adoption of the land use, CIP and fee data and to set the Public hearing date. The second meeting would be to present and discuss information on the proposed fees at the Public Hearing and possible Council action upon closing of the Public Hearing. Public Hearings — One Meeting. HDR would 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. HDR would also prepare an Advisory Committee report to Council that will be made available to the public and also provide either a lead or support role to the Committee chairman and staff in making the presentation at the public hearing and Council consideration for adoption. Task 6 — Reporting HDR would prepare 10 draft and 10 final copies of the Technical Advisory Committee report to the City Council outlining the Committee's recommendations on impact fee service area, land use assumptions, 10 -year capital improvements plan, fee design and calculation, offset credits, and any policy or fee issues that may affect the pending ordinance provisions. HDR would also work with the City Attorney to prepare a draft ordinance for City consideration. 2.0 INFORMATION OR ACTIVITIES TO BE SUPPLIED BY THE PARTIES City of Round Rock or Other City- Retained Engineering Consultants - Input to service area, land use & utility growth assumptions underlying the proposed fee; - Provide electronic file of map of intended service area; Recent number of water customers by water meter size and number of wastewater customers by water meter size - Identification of existing available capacity by facility type and estimated cost; 10 -year capital needs, costs, & service capacities for water and wastewater projects; - What percent of new project capacity is attributable to future growth; - Outstanding water and wastewater debt by type of facility category; - Placing of public notices and payment of advertising costs; and - Coordination with and direction from the City Attorney, as needed. HDR Engineering - Coordinating CIP data needs from other parties (HDR Water Mater Plan engineers and WW capital needs from City staff); Calculation of suggested revised fees. - Paper or electronic file mock -ups of the public notice. - A summary briefing handout and presentation on the fee assumptions and proposal. - An Advisory Committee Report. Coordination for the Advisory Committee and City Council - An initial draft municipal ordinance. - A copy of the electronic spreadsheet used to model and calculate the fees. 3.0 MANAGEMENT AND STAFFING Mr. Tony Bagwell, Senior HDR Economist, would serve as project manager and senior financial analyst for the effort. Mr. Ken Haney, P.E. would serve as project principal. Mr. Grady Reed would provide technical support, as needed. Activities 2003 2004 Feb Mar Apr Mry Jun Jul Aug Sep Oct Nev Dae Jan Feb Mar Aar May Jun Jul Notice ea Proceed Task 1 - Update Planning Data/Debt In Rates Task 2— Coord. CIP Data Needs/Demand Allocations Task 2-Impact Fee Calculation and Application Task 3 - Revise Ordinance Task d - Coordination Most with City Staff Meet with Advisory Committee Public Hearing City Council Meeting X I I 111 C3 8 , on.xlp7ANewrs4prewao ersppYlwtdW:eawa 51 82 wwree wnr , HMi Al S3 A2 A3 C1 Se 111 H1 As this effort is dependent upon the date of notice to proceed and actions of other consultants, the Advisory Committee, City staff, and City Council, HDR has developed an anticipated schedule, shown in Figure 1 below. A considerable amount of the effort towards developing the fees cannot be performed until the engineering consultants have completed the CIPs arising from the separate Water and Wastewater Master Plan efforts. S1- Staff Work Session an Legal Issues and Policies 82- Staff Work Session on Land Use. Growth and De t in Rates S3 -Staff Work Session an CIP, Demand Allocabons. nd Draft Fee Calculations S9 - Stag Work Session an Draft Ordinance At - Bnef Committee on Impact Fees and Chapter 395 process A2 - Present and discuss draft reportwith Commiee 53 - Adoption and filing of Committee repan to Council HI -After Cl. prande public notice (three weeldy notices between 60 and 30 da before heanng), H2- Public Heanng an amended data and fee C1 - Within 60 days of 53, Council adopts order for public hearing. C2 - Possible council action to adopt (not as an emergency measure) C3 - Last date In 30-days allowed for Council adopbon. Exhibit C HDR ENGINEERING, INC STUDY SCHEDULE FIGURE 1 ANTICIPATED SCHEDULE WATER AND WASTEWATER IMPACT FEE UPDATE FOR THE CITY OF ROUND ROCK, TEXAS A. LABOR EXPENSES Activity Mileage - Round -mp Austin/Round Rock Computer Communications (telephone, FAX, mall) Reproduction Misc Total Non•Labor Expenses Exhibit D HDR ENGINEERING, INC FEE SCHEDULE As shown in the table below 1, HDR proposes to develop the water and wastewater impact fee update for $45,000, proposed on a time and materials basis. This budget amount contains a 20% contingency for unexpected efforts or meetings. HDR will only these expend contingency funds with written approval from the City of Round Rock project manager. This level of effort assumes that the HDR effort under this contract would only coordinate CIP information needed and review the CIP results. The development of the CIPs will be accomplished under separate contracts. PROPOSED FEE SCHEDULE WATER/WASTEWATER IMPACT FEE UPDATE Hourly Effort Project Senior Total Manager Engmeer Engineer Planner Clerical Total Hours Cost Task 1 - Update Planning Data 8. Debt in Rates 16.0 40.0 56 0 $ 5,580 Task 2- Coordinate CIP Data Needs/Demand Allocations 320 16.0 48.0 $ 6,200 Task 3- Impact Fee Calculation and Application 400 12.0 520 $ 7,13D Task 4 - Revise Ordinance 24 0 24.5 $ 3,720 Task 5- Coordination with Staff/Committee/CouncillPublic 55.0 70 62.0 $ 9,568 Task 6 - Reporting 240 160 400 $ 4464 Total Labor Hours 191 0 - - 75 0 16 0 282.0 Loaded labor Expense per Hour $ 155 $ 155 $ 109 $ 78 0 47 Total Labor Expense $ 29,605 $ - 5 - $ 5,813 $ 744 $ 38,182 B. NON -LABOR EXPENSES Unit Total Item Quantity Pnce Cost 12 round -tnps $ 10 peridp $ 120 30 hours $ 10 per hour $ 300 50 ea $ 1 Ls. $ 50 30 reports $ 25 ea. $ 750 $ 1 ea $ 118 Is $ 118 $ 1,338 C. TOTAL PROJECT BUDGET (wolcontingency) S 37,500 D. TOTAL PROJECT BUDGET (w/ 20% contingency) $ 45,000 Exhibit E HDR ENGINEERING, INC CERTIFICATE OF INSURANCE FEB. 7.2003 9 :35AM LOCKTON COMPANIES N0.152 P.2 /2 CERTIFICATE OF LIABILITY INSURANCE PRODUCER Lockton Companies 444 W. 47th Street, Ste 900 Kansas City, MO 64112 -1906 INSURED EDR Engineering, Inc. 8404 Indian Rills Drive Omaha N 1,�e��9 • Continental Cas (V.O. Schinnerer) rE1IS IS TO �IFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described, Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LTR NIJMBER DATE DATE GENERAL LVaBIUTY GL03504583 6/1/02 AUTOMOBILE LIABILITY B EAP3504584 6/1/02 BAP3504585 6/1/02 TAP3504586 6/1/02 EXCESS LIABILITY WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY 6/1/03 6/1/03 6/1/03 6/1/03 C 90- 14910 -01 6/1/02 6/1/03 PROFESSIONAL LIABILrrY D PLN113978408 6/1/02 6/1/03 Per Claim: $1,000,000 Aggregate: $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES /SPECIAL 1/EMS/EXCEPTIONS RE: Professional services for City of Round Rock, TX; Water CERTIFICATE HOLDER: City Manager City of Round Rack 221 E. Main Street Round Rock, Texas 78664 Cettof Incur proCdoe EXHIBIT COMPANIES AFFORDING COVERAGE A Zurich American Ins Co — 0.E., KS D American Guarantee & Liab (Zurich) C Sentry Ins. Co. LIMITS Date: 2/7/03 0 1,000,000 5 1,000,000 51,000,000 $1,000,000 GENERAL AGGREGATE PRODUCTS - COMP/OP AGO. PERSONAL&ADV.INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) S1,000,000 MED. EXPENSE (Any one person)S 5,000 COMBINEOSINGLELIMIT 51,000,000 BODILY INJURY (Par person) S BODILY INJURY (Par accident) S PROPERTY DAMAGE S EACH OCCURRENCE AGGREGATE Title: President Rcnised 10n002 S STATUTORY LIMITS X S EACH ACCIDENT S 1,000,000 DISEASE- POLICYLIMIT 51,000,000 DISEASE -EACH EMPLOYEE 51 ,000,000 & Wastewater Impact Pee Update The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability and Professional Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. // SIGNA f • = OF AUTHORIZ' • REPRESENTATIVE TwedName: Grover Simpson