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CM-10-02-050CITY OF ROUND ROCK AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH PALMER PRICE, INC. This Agreement (hereinafter referred to as the "Agreement") is made by and between the City of Round Rock, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as the "City") and Palmer Price, Inc., whose offices are located at 2803 Cottonwood LN, Post Office Box 2086, Colleyville, Texas 76034, (hereinafter referred to as the "Consultant"). This Agreement shall recite the contractual terms whereby the City of Round Rock and Palmer Price, Inc. agree to perform, by way of illustration and not limitation, the services and responsibilities delineated in Exhibits "A" and "B" attached hereto and incorporated herein by reference for all purposes, within the work schedule timelines and in accordance with the fee schedule delineated in Exhibits "C" and "D" attached hereto and incorporated herein by reference for all purposes. RECITALS: WHEREAS, City has determined that there is a need for the delineated services; and WHEREAS, City desires to contract for such professional services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE, DURATION, AND TERM This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation ,of the term indicated herein, or is terminated or extended as provided herein. The initial term of this Agreement shall be until full and satisfactory completion of the work specified herein is achieved, but in no event later than two (2) months from date of execution hereof. At City's option, this Agreement may be renewed for an additional twelve (12) month period from the expiration date of the initial term, only upon the express written agreement of both parties and only provided Consultant has performed each and every contractual obligation specified in this Agreement. City reserves the right to review the Agreement and contractual relationship at any time, and may elect to terminate same with or without cause or may elect to continue. 00184076/j kg eJvtco2- Use 1.02 NOT -TO -EXCEED CONTRACT AMOUNT; TIME AND MATERIALS BASIS; AND SCOPE OF SERVICES DELINEATION In consideration for the professional services to be performed by Consultant, City agrees to pay Consultant a maximum not -to -exceed sum of Eighteen Thousand and No/100 Dollars ($18,000.00) in payment for services and the Scope of Services deliverables as delineated in Exhibit "B." The parties expressly acknowledge that City shall pay Consultant on a "time and materials" actually -expended basis, and that only work actually performed by Consultant will be paid for by City. For purposes of this Agreement, Consultant has issued its Scope of Services attached hereto as Exhibit "B," its Work Schedule attached hereto as Exhibit "C," and its Fee Schedule attached hereto as Exhibit "D." This Agreement, including all referenced exhibits, shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Consultant shall satisfactorily provide all services described under the attached Scope of Services within the contract term specified in Section 1.01. Consultant's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform its services in accordance with this Agreement, in accordance with any appended exhibits, in accordance with due care, and in accordance with prevailing consulting industry standards for comparable services. 1.03 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS Not -to -Exceed Total: Unless subsequently changed by additional Supplemental Agreement to this Agreement, duly authorized by City Council or City Manager action, Consultant's total compensation hereunder shall not exceed $18,000.00. This amount represents the absolute limit of City's liability to Consultant hereunder unless same shall be changed by additional Supplemental Agreement, and City shall pay, strictly within the confines of the not -to - exceed sum recited herein, Consultant's professional fees for work done on behalf of City. Deductions: No deductions shall be made for Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to Consultant. Additions: No additions shall be made to Consultant's compensation based upon claims, whether paid by City or denied. Supplemental Agreements: The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Consultant shall not perform any work or incur any additional costs prior to execution by both parties of such Supplemental Agreement. Consultant shall make no claim for 2 extra work done or materials furnished until there is full execution of any Supplemental Agreement, and City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 1.04 TERMS OF PAYMENT Invoices: To receive payment, Consultant shall prepare and submit a series of monthly detailed invoices to City for services rendered. Each invoice for professional services shall detail the services performed, along with documentation. All payments to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by City. Should additional backup material be requested by City, Consultant shall comply promptly. In this regard, should City determine it necessary, Consultant shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. If City has any dispute with work performed, then City shall notify Consultant within thirty (30) days after receipt of invoice. In the event of any dispute regarding the work performed, then and in that event Consultant shall either (a) satisfactorily re -perform the disputed services or (b) provide City with an appropriate credit. Payment of Invoices: City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of invoices, City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 1.08 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and City or because of amounts which City has a right to withhold under this Agreement or state law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. Offsets: City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to City from Consultant, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 1.05 REQUIRED REPORTS Consultant agrees to provide City with any necessary detailed final written reports, together with all information gathered and materials developed during the course of the project. Additionally, Consultant agrees to provide City with any necessary oral presentations of such detailed final written reports, at City's designation and at no additional cost to City. 1.06 LIMITATION TO SCOPE OF WORK Consultant and City agree that the Scope of Services to be performed is generally enumerated in Exhibit "B." Notwithstanding anything herein to the contrary, the parties agree that City retains absolute discretion and authority for all funding decisions, such decisions to be 3 based solely on criteria accepted by City which may be influenced by but not be dependent on Consultant's work. 1.07 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Consultant a written notice of termination at the end of its then -current fiscal year. 1.08 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to be made by City to Consultant will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed or the date City receives a correct invoice for the goods or services, whichever is later. Consultant may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: (1) There is a bona fide dispute between City and Consultant, a contractor, subcontractor, or supplier about the goods delivered or the service performed that causes the payment to be late; or (2) There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or (4) The invoice is not mailed to City in strict accordance with any instruction relating to the payment. (3) 1.09 TERMINATION This Agreement may be terminated for any of the following conditions: (1) By City for reasons of its own, with or without cause, and not subject to the mutual consent of any other party, such written termination notice to be given to the other party not less than fifteen (15) days prior to termination. (2) By mutual agreement and consent of the parties, such agreement to be in writing. (3) By either party for failure by the other party to perform the services set forth herein in a satisfactory manner, such termination notice to be given in writing to the other party. 4 (4) By either party for failure by the other party to fulfill its obligations herein. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Consultant. City shall pay Consultant for all uncontested services performed to date of notice of termination. If either party defaults in performance of this Agreement or if City terminates this Agreement for default on the part of the other party, then City shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to City, the cost to City of employing another firm to complete the useable work, and other factors will affect the value to City of the work performed at the time of default. The termination of this Agreement shall extinguish all rights, duties, and obligations of City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to cancellation. 1.10 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, and is not City's employee. Consultant's employees or subcontractors are not City's employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Consultant and City agree to the following rights consistent with an independent contractor relationship: (1) Consultant has the right to perform services for others during the term hereof. (2) Consultant has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed. Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Consultant or its employees or subcontractors shall perform services required hereunder, and City shall not hire, supervise, or pay assistants to help Consultant. Neither Consultant nor its employees or subcontractors shall receive training from City in skills necessary to perform services required by this Agreement. (6) City shall not require Consultant or its employees or subcontractors to devote full time to performing the services required by this Agreement. Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. (3) (5) (7) 5 1.11 NON -SOLICITATION All parties hereto agree that they shall not directly or indirectly solicit for employment, employ, or otherwise retain staff of the other during the term of this Agreement. 1.12 CONFIDENTIALITY; SUPPORT; AND MATERIALS OWNERSHIP Consultant hereby acknowledges and agrees that its representatives may have access to or otherwise receive information, during the furtherance of its obligations in accordance with this Agreement, which is of a confidential, non-public or proprietary nature. Consultant shall treat any such information received in full confidence and shall not disclose or appropriate such Confidential Information for its own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, "Confidential Information" means all oral and written information concerning City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilation, studies or other documents, whether prepared by Consultant or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such materials that are or become generally available to the public other than as a result of disclosure of Consultant, or are required to be disclosed by a governmental authority. Consultant acknowledges its understanding that City is a municipal entity subject to the Texas Public Information Act, and that City's duties run in accordance therewith. Within the delineated Scope of Services and within the project budget, Consultant is providing to City, for City's use, a copy of its copyrighted application, called DrainageLinko which uses Microsoft ACCESS as the database and application tools. City agrees to use this application solely for management of the billing data for the stormwater utility as described in the Scope of Services. City agrees not to distribute DrainageLink© to other parties outside of City or allow City staff or other parties to change or modify the application without written permission from Consultant. The functionality and use of the DrainageLink© application shall be that available at the time that the application is installed at City for use on this project. Consultant shall support City's version of the DrainageLink© application for the duration of the project defined in the Scope of Services and for one (I) year after initial billing of stormwater fees. Thereafter, Consultant may provide additional support for the DrainageLink© application as additional services. Consultant shall defend, at its sole expense, any claim or suit brought against City alleging that any software or database furnished under this Agreement infringes a patent or copyright, and shall pay all costs and damages awarded, provided that Consultant is given prompt written notice of such claim and is given information and reasonable non -monetary assistance to defend or settle the claim. In the defense or settlement of the claim, Consultant may obtain for City the right to continue using the software or database, replace or modify the software or database so that it becomes non -infringing or, if such remedies are not reasonably available, grant City a credit for the software or database. 6 Consultant may provide to City, for use on this project, the results of its updated surveys about stormwater rates, exemptions, and implementation activities of other cities which have implemented a stormwater utility. City agrees not to distribute these data to entities other than those directly involved in this project or as may be needed to inform the public about City's efforts to evaluate this project. City will obtain written agreement from the Utility Billing System Vendor for Consultant to access or evaluate the billing system for the purpose of advising City and Billing System Vendor about developing interfaces and modifications for stoimwater billing. Consultant agrees to sign Billing System Vendor's confidentiality agreement as required and included in City's license agreement with Billing System Vendor. City will require Billing System Vendor to sign Consultant's confidentiality agreement concerning use and distribution of Consultant's DrainageLink© application. 1.13 WARRANTIES Consultant warrants that all services performed shall be consistent with generally prevailing professional or industry standards, and shall be performed in a professional workmanlike manner. Consultant shall re -perform work not in compliance with this warranty. 1.14 INDEMNIFICATION Consultant agrees to hold harmless, exempt, and indemnify City, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys fees and all other costs and fees incident to any work done as a result hereof. To the extent allowable by law, City agrees to hold harmless, exempt, and indemnify Consultant, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys fees and all other costs and fees incident to any work done as a result hereof. In no event shall either party be liable to the other for special or consequential damages, statutory or otherwise. 1.15 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties hereunder without the other's prior written approval. 1.16 LOCAL, STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. City will not do the following: 7 (1) Withhold FICA from Consultant's payments or make FICA payments on its behalf; (2) Make state and/or federal unemployment compensation contributions on Consultant's behalf; or (3) Withhold state or federal income tax from any of Consultant's payments. If requested, City shall provide Consultant with a certificate from the Texas State Comptroller indicating that City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 1.17 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Consultant and its consultants, agents, employees and subcontractors shall comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits, licenses, trademarks, copyrights, and the like required in the performance of the services contracted for herein. 1.18 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required hereunder. 1.19 DESIGNATION OF CITY REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Alysha Girard, Assistant City Engineer City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 Telephone: 512-218-6646 Facsimile: 512-671-2751 Email: agirard@round-rock.tx.us 1.20 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: When delivered personally to the recipient's address as stated herein; or Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. 8 I Notice to Consultant: C. Diane Palmer, P.E. Palmer Price, Inc. 2803 Cottonwood LN Post Office Box 2086 Colleyville, TX 76034 Notice to City: City of Round Rock City Manager 221 East Main Street Round Rock, TX 78664 AND TO: City Attorney's Office Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of City and Consultant. 1.21 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of Texas. 1.22 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement, including any appended exhibits, constitute the entire agreement between the parties and supersede all previous communications, representations, and agreements, either written or oral, with respect to the subject matter hereof. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 1.23 DISPUTE RESOLUTION If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City shall select one mediator and Consultant shall select one mediator and those two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. 9 City and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 1.24 ATTORNEY FEES In the event that any lawsuit is brought by one party against any of the other parties in connection with this Agreement, the prevailing party shall be entitled to seek to recover its reasonable costs and reasonable attorney fees. 1.25 FORCE MAJEURE Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or a breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. Consultant shall not be deemed to be in default of its obligations to City if its failure to perform or its substantial delay in performance is due to City's failure to timely provide requested information, data, documentation, or other material necessary for Consultant to perform its obligations hereunder. 1.26 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 1.27 STANDARD OF CARE Consultant represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Consultant or designated subconsultants, in a manner according to generally accepted business attraction practices. 10 1.28 GENERAL AND MISCELLANEOUS The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. The failure of a party to exercise any right hereunder shall not operate as a waiver of said party's right to exercise such right or any other right in the future. Time is of the essence to this Agreement. Consultant understands and agrees that any failure of Consultant to complete the services due under this Agreement within the agreed term as delineated in Section 1.01 herein will constitute a material breach of this Agreement. City agrees to provide Consultant with one (1) executed original of this Agreement. This Agreement may be executed in multiple counterparts, which taken together shall be considered as one original. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. PALMER PRICE, INC. //) 4By: ��� (i✓ i��, Printed Name: L , ' /4- 4/ Title: V ((c oz cs e6:54/7 -- Date 6:5NDate Signed: _/ ea 3 / ?o f CITY OF ROUND ROCK, TEXAS By: Printed Na • W . Title: Il. _ i ._, Date Signe i . 0 FOR CITY, ATTEST: By: Sara L. White, City Secretary FOR CIT , PPROVED • S TO FORM: By: ti L. Steph. L. Sheets, City Attorney 11 EXHIBIT A Exhibit A City Services City staff will provide the following services with regard to the preliminary investigations for implementation of a Stormwater Utility. Task 1: Stormwater Cost -of -Service Information City staff will provide resources and coordination to identify and collect: • existing Handing sources for stormwater activities, including: o General Fund o Developer contributions o Other outside contributions o Corps of Engineers o Others • existing ordinances affecting how stormwater services are currently funded by the City and others, such as developers, to determine how these funding mechanisms may affect the development of the cost -of -service (budget) and/or rate design for the stormwater utility, • bond covenants used to fund drainage improvements to determine how the covenants may affect the development of the cost -of -service (budget) and/or rate design for the stormwater utility, • cost allocations methodologies for stormwater services that may be part of other budgets, • direct budget and financial information for stormwater activities, including: o Stormwater (drainage) capital improvement plan(s), o Stormwater (drainage) operations and maintenance, o Debt service on bonds used to fund stormwater (drainage) improvements, and o Other stormwater (drainage) related budgets Agreement with City of Round Rock A - 1 02/18/2010 Preliminary Investigations for a Stormwater Utility Implementation EXHIBIT A • indirect cost allocations for stormwater activities provided by: o City Manager o City Secretary o City Council o City Attorney o Finance Department o Information Services o Utility Billing Customer Service o Fire Department (water quality emergency response) o Parks Department o Planning Department o Engineering Department o Public Works Department o Other Departments Supporting Stormwater Operations • preliminary goals and priorities for stormwater utility funds over the next 20 years • anticipated rates of inflation, growth rates for additional development, and probably financing parameters Task 2: Geographic Information System (GIS) Information City staff will provide resources and coordination for: • standardization of GIS situs (location) addresses and Utility Billing System (UBS) location addresses for accounts, • development of a geographic information system (GIS) layer indicating the parcel boundaries within the City of Round Rock, including data fields for: o total parcel area o existing land use " city land use classification state land use codes and descriptions (if available) El City and State rights-of-way parcel should be identified and potential excluded from the Stortnwater Utility parcel layer. Agreement with City of Round Rock A - 2 02/18/2010 Preliminary Investigations for a Stormwater Utility Implementation EXHIBIT A • development of a geographic information system (GIS) layer indicating the impervious area for non-residential parcels within the City of Round Rock, including data fields for: o building footprints o sidewalks o areas paved with concrete or asphalt o areas covered with a compacted surface other than concrete or asphalt o percent of impervious area on each parcel • preparation of a geodatabase between the impervious area and parcel layers that includes: o appraisal district parcel identification number o total parcel area o existing land use o standardized situs (location) address that is parsed out into data fields, including: • building number • street name o street suffix a street directional • suite number o owner identification, including data fields for: O owner name • owner address o owner city • owner zip o tenant identification for owner's of business personal property (BPP) on each parcel, including data fields for: O business personal property owner name ▪ business personal property owner address • business personal property type • business personal property value o impervious area for each parcel, including: n building footprints ▪ sidewalks ▪ areas paved with concrete or asphalt o areas covered with a compacted surface other than concrete or asphalt • percent of impervious area on each parcel • identification of each UBS account that is located on each parcel within the city Agreement with City of Round Rock A - 3 02/18/2010 Preliminary Investigations for a Stormwater Utility Implementation EXHIBIT A Task 3: Utility Billing System (UBS) Customer Data Information City staff will provide resources and coordination for: • development of a UBS customer data extraction program by programmers from the City's utility billing vendor, Tyler Technologies. • Delivery of an EXCEL file with the following data elements if available from the UBS: City_Description Account_Number Last Customer Number Name_Type (EntIty_Type) Customer Name Owner Name Building_Number Sireet_Name Suite Service Address Direction/Suffix (not used in Incode) Mailing_Address_7 Mailing_,Address_2 Mail_City State Zip_Code BIliing_Cycle Meter Status Meter Set_Date Meter_End_Date Meter Location Primary_Meter Number Secondary_Meter Number Transponder Number Meter Type Meter Size Account Start Account_End Tenant Start Tenant End Last_Bili_Date Customer Type Account_Status Bill Account Water Status Bill Water Water Start Water End Water Rate Code Water_Service_Code Water Rate Service_Description Water Units Water Fee(Last Bill) Has_Sewer Sewer Status Bill Sewer Sewer Start Sewer End Sewer Rate_Code Sewer Service Cade Sewer Rate_Service_Description Sewer Units Sewer Fee (Last Bill) Agreement with City of Round Rock A - 4 Preliminary Investigations for a Stormwater Utility Implementation Has_Garbage Garbage_Status Garbage Start Garbage End Garbage Rate_Code Garbage Service_Code Garba9eRate_Service Description Garbage_Units Garbage_Fee (Last Bill) Has_Drainage Drainage_Status Bili_Drainage Drainage_Start Drainage End Drainage Rate Code Drainage Service_Code Drainage Rate ,Service Description Drainage Dwelting_Units Drainage Impervious_SF Drainage Fee (Last BIII) Drainage ParcetjD Drainage Parcel_Land_Use 02/18/2010 EXHIBIT B Exhibit B Engineering Services The scope of services described in the following tasks defines Palmer Price, Inc.'s (PPI) understanding of the activities and deliverables that will be required to assist the City of Round Rock to begin implementation of a Stormwater Utility. Task 1: Stormwater Utility Implementation Plan Palmer Price, Inc. will work with City staff to evaluate data that are residing in the City's existing information systems and financial records with regard to understanding how the data can be used to implement a Stormwater Utility, including: • perform a preliminary Stormwater Utility billing data investigation, • review City staff efforts to develop an GIS itnpervious area layer, • review City staff efforts to standardize street address information, which will be used to match Utility Billing accounts to parcel information within the City's GIS, • evaluate preliminary values for an equivalent residential unit (ERU), • develop a preliminary, high level cash flow model to evaluate possible rates for a proposed Stormwater Utility, and • provide guidance about the major tasks that are required for implementation of a Stormwater Utility, Task 2: Technical Assistance with Geographic Information System (GIS) and Utility Billing System (UBS). Palmer Price, Inc. will provide ongoing consultation with City staff regarding development of: • an updated GIS parcel layer with standardized situs addresses, • a GIS impervious area layer, • a GIS geodatabase with selected Stormwater Utility information, • a UBS customer data extract program, • a UBS customer data file with standardized location addresses and deliverable in EXCEL or ACCESS • documentation for stonnwater cost -of -service, and • a detailed work plan, schedule and budget for implementing a Stormwater Utility. Agreement with City of Round Rock B - 1 02/18/2010 Preliminary Investigations for a Stonnwatcr Utility Implementation EXHIBIT C Exhibit C Work Schedule The scope of services described in Exhibit B will be completed within six (6) weeks of project initiation. Agreement with City of Round Rock C - I 02/18/2010 Preliminary Investigations for a Stonnwater Utility Implementation EXHIBIT D Exhibit D Fee Schedule Basis of Compensation PPI shall perform the assigned scope of services described in Exhibit B, based upon time and materials expended with a maximum not to exceed budget of $18,000.00, (Eighteen thousand dollars and no cents). Professional Fees Professional fees for services related to this project will be billed at the following hourly billing rates. Resource Year 2010 Hourly Billing Rates Palmer Price Principal (Registered Engineer) $125 Database Programmer $125 Database Technician $125 Direct Project Expenses at cost Expenses Direct expenses incurred for this project shall be billed at cost. Additional Services Services in addition to those described in Exhibit B can be provided upon written authorization containing a detailed scope of services, a revised time for completion, revised hourly billing rates and revised estimate of compensation. Agreement with City of Round Rock D - 1 02/18/2010 Prelirninary Investigations for a Stormwater Utility Iznplementation DATE: February 24, 2010 SUBJECT: City Manager— February 26, 2010 ITEM: Consider executing an agreement for Professional Consulting Services with Palmer Price, Inc. regarding storm water drainage utility. Department: Staff Person: Engineering and Development Services Alysha Girard, P.E. Assistant City Engineer Justification: This contract consists of the development of a Drainage Utility Implementation Plan for the City and will include a preliminary calculation of a user fee for all developed lots and technical assistance with GIS and the Utility Billing System. Strategic Plan Relevance: 29.0 Provide for effective management of storm water. To achieve this goal the City will ensure it is in compliance with storm water regulations and will examine options for funding storm water treatment. Funding: Cost: $18,000.00 Source of funds: Utility System Projects Outside Resources (if applicable): NA Public Comment (if applicable): NA UPDATED APRIL 2008 10.11109 Request for City Councii/City Manager Action lID City Council QI City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Engineering and Development Services Contact Person: Char Gordan / Kathy Michna Project Mgr/Resource: Alysha Girard, P.E. Project Coordinator:Additional funding Source: Assigned Attorney. Amount Account Number: Ffraoe ONLY Received: r E B 24 20 Tag#: (►..N1- to- DZ -05O Original Documents Received: 24 Project Name: Drainage Utility Study Contractor/Venda: Palmer Price Funding Source: utility System Projects 18,000.00 City Council or City Manager Approval Date: 2/26/2010 Ajenda Wordinic Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Palmer Price for a Drainage Utility Study and implementation through current billing system. Finance Information Is Funding Required? Yes f No n intilal Construction Contract 1J Construction Contract Amendment a I:= Change Under a (Change in Quantity EDUnforeseenCircumstances © Initial Professional Services Agreement J Supplemental Professional Service Agreement # [D Purchasing/Service Agreement Q Purchase Order Items) to be purchased E:1 011ier (Please clearly identity action below) FINANCE N/A nppaoved C7 CI El EJ EJ: Ftnance!CIP FirianCe/Acct o Puithasing Budget. Once approvals have been obtained, please kuward the RNA, blue sheer, back up intnrrnaiion and originals to City Sucre f.ary, Sara White. ITEMS WILL NOT DE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUDM SSION. APPROVALS sP0be comp/elect ONLrbytirrarictij. Final Finance Approval Required •', Date Date Dale Amount 18,000.00 Finance Director Required for Submtesion of ALL City Council and City Manager Items Project Mgr. Signature: Dept Director Signature. 'City Attorney Signature: City Manager Signature: Date: Date: Z. Date: Dale: •Cth Attorney eine is requited for dl bans. REVISED 2/22/2010 10.19 09 Request for City CounciUCity Manager Action ® City Council E1 City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Engineering and Development Services Contact Person: Chaz Gordon / Kathy Michna Project Mgr/Resource: Alysha Girard, P.E. Project Coordinator: Assigned Attomey: City Council or City Manager Approval Date: Agenda Wording For Administration Use ONLY Received: Tag #: Original Documents Received: Project Name: Drainage Utility Study Contractor/Vendor: Palmer Price Funding Source: Utility System Projects Additional funding Source: Amount: Account Number: 2/26/2010 18,000.00 Consider executing an Agreement for Professional Consulting Services with Palmer Price, Inc. regarding storm water drainage utility. Finance Information Is Funding Required? Yes (l No OQ Initial Construction Contract Construction Contract Amendment Change Order Change in Quantity EUnforeseen Circumstances J1Initial Professional Services Agreement Supplemental Professional Service Agreement EDPurchasing/Service Agreement Purchase Order Item(s) to be purchased Other (Please clearly identify action below) Amount 18,000.00 APPROVALS (to be completed ONLY by Finance) FINANCE Final Finance Approval Required N/A Approved APProved 0 0 Finance/CIP Date EJFinance/Acct E. Wilson Date 2/23/2010 Purchasing EE Bowden Date 2/23/2010 QBudget P. Bryan Date 2/23/2010 Cheryl Delaney 2/24/2010 Finance Director Date Once approvals have been obtained, please forward the RFA. blue sheet, back up information and originals to City Secretary, Sara White. ITEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION. Required for Submission of ALL City Council and City Manager Items Project Mgr. Signature: Date: Dept. Director Signature: Date: *City Attorney Signature: Date: City Manager Signature: Date: *City Attorney signature is required for all items. REVISED 2/24/2010 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items PW/ENGINEERING & DEVELOPMENT Department Name: SERVICES Project Mgr/Resource: DAVID BARTELS ElCouncil Action: ORDINANCE Agenda Wording Project Narne: DRAINAGE UTILITY CONSULTING SERVICES ContractorNendor: PALMER PRICE, INC. RESOLUTION City Manager Approval CMA Wording Consider executing an Agreement for Professional Consulting Services with Palmer Price, Inc. regarding storm water drainage utility. i Attorney Approval Attorney Notes/Comments Date O:\wdox\SCCInts10125110011MISC\00184254 Updated 6/3/08