Loading...
HomeMy WebLinkAboutResolution No. 2016-003CITY OF THE COLONY, TEXAS RESOLUTION NO. 2016- 00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE ENGINEERING SERVICES CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND KIMLEY-HORN & ASSOCIATES, INC. FOR UPDATING THE DRAINAGE IMPACT FEE STUDY, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into an agreement such that the Consultant is to provide the following services: CONDUCT A DRAINAGE IMPACT FEE STUDY; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with KIMLEY-HORN & ASSOCIATES, INC., which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum not to exceed $39,000.00 for such work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Engineering Services Contract, which is attached and incorporated hereto as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the City Manager is hereby authorized to execute the Agreement on behalf of the City of The Colony, Texas. Section 2. That this Resolution shall take effect immediately from and after its adoption and PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 5`" day of January, 2016. AcCourty, Mayor of The Colony, T AT)iST:/ I Wilson, TRMC, City Secretary �� SEA AS TO City Attomey STATE OF TEXAS § CITY OF THE COLONY, TExAs § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF DENTON § This Agreement for Professional Services ("Agreement") is made by and between the City of The Colony, Texas, a municipal corporation located in Denton County, Texas ("City"), and Kimley-Hom and Associates, Inc. ("Professional") (individually, each a "Party" and collectively, "Parties"), acting by and through the Parties' authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services for City for an update of the current Drainage Impact Fee Ordinance for the Office Creek watershed in accordance with Chapter 395 of the Texas Local Government Code ("Project") in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows: Article I Employment of Professional Professional will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional's profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If Professional is representing this it has special expertise in one or more areas to be utilized in the performance of this Agreement, then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. Article II Term 2.1 The term of this Agreement shall begin on the last date of execution hereof by all parties hereto (the "Effective Date") and shall continue until completion of the services provided by Professional to City under this Agreement. 2.2 Professional may terminate this Agreement by giving thirty (30) days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. PROFESSIONAL SERVICES AGREEMENT. OFFICE CREEK WATERSHED DRAINAGE IMPACT FEE ORDINANCE UPDATE—Page 1 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. Article III Scone of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, entitled "Scope of Services". In case of conflict with the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement shall control. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. 3.3 Schematic Design Documents, Design Development Documents, Contract Documents, Drawings, Plans, Specifications and other documents, including those in electronic form, prepared by Professional and its consultants, agents, representatives, and/or employees in connection with the Project ("Project Documents") are intended for the use and benefit of City. Professional and its consultants, agents, representatives, and/or employees shall be deemed the authors of their respective part of said Project Documents. Notwithstanding the foregoing, City shall own, have, keep and retain all rights, title and interest in and to all Project Documents, including all ownership, common law, statutory, and other reserved rights, including copyrights, in and to all such Project Documents, whether in draft form or final form, which are produced at City's request and in furtherance of this Agreement or for the Project. City shall have full authority to authorize contractor(s), subcontractors, sub -subcontractors, City consultants, and material or equipment suppliers to reproduce applicable portions of the Project Documents to and for use in their execution of the work or for any other purpose. All materials and reports prepared by Professional in connection with this Agreement are "works for hire" and shall be the property of City. Professional shall, upon completion of the services provided under this Agreement, or upon earlier termination of this Agreement, provide City with reproductions of all materials, reports, and exhibits prepared by Professional pursuant to this Agreement, and shall provide same in electronic format if requested by City. Any re -use of the Project Documents by the City on any other project not contemplated or included under this Agreement shall be at the City's sole risk, without liability to Professional. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule PROFESSIONAL SERVICES AGREEMENT. OFFICE CREEK WATERSHED DRAINAGE IwACr FEE ORDINANCE UPDATE — Page 2 established by City (the "Work Schedule and Budget Requirements"), which is attached hereto and incorporated as Exhibit B. 4.2 In the event Professional's performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided, and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional's request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five (5) business days after the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in Exhibit "A" by payment of a lump sum fee not to exceed $39,000.00 as outlined in Exhibit B. Partial payment will be made on a monthly basis for completed portions of the work in accordance with invoices setting forth a description of the work completed as approved by the City. The not to exceed fee will not be exceeded without written notification from the City. 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period, the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional's approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that is unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. PROFESSIONAL SERVICES AGREEMENT. OFFICE CREEK WATERSHED DRAINAGE IMPACT FEE ORDINANCE UPDATE —Page 3 Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services at mutually agreed upon charges or rates, and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of The Colony and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be bome exclusively by Professional. 6.4 Professional shall famish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional's services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his fiill-time services to City, or dictate Professional's sequence of work or location at which Professional performs Professional's work, except as may be set forth in Exhibit A. PROFESSIONAL SERVICES AGREEMENT. OFFICE CREEK WATERSHED DRAINAGE IMPACT FEE ORDINANCE UPDATE — Page 4 7.2 Professional shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, plans, and other services furnished by Professional under this Agreement. Professional shall, without additional compensation, correct or revise any errors or deficiencies in the Project Documents and other services provided under this Agreement. Neither City's review, approval, nor acceptance of, nor payment for any of, the services provided under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement, and Professional shall be and remain liable to City in accordance with applicable law for all damages to City caused by Professional's negligent performance of any of the services famished under this Agreement. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of The Colony, Texas Attention: Ron Hartline, P.E., Engineering Team Leader 6800 Main Street The Colony, Texas 75056 A. Commercial General Liability insurance, including, but not limited to Premises/Opemtions, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and $1,000,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C. Business Automobile Liability insurance covering owned, hired and non - owned vehicles, with a minimum combined bodily injury and property damage limit of $1,000,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of $2,000,000 per claim, $2,000,000 annual aggregate. PROFESSIONAL SERVICES AGREEMENT. OFFICE CREEK WATERSHED DRAINAGE IMPACT FEE ORDINANCE UPDATE—Page 5 NOTE: If the insurance is written on a claims -made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non -renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Article IX Rieht to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings, written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. PROFESSIONAL SERVICES AGREEMENT. OFFICE CREEK WATERSHED DRAINAGE IMPAC[ FEE ORDINANCE UPDATE — Page 6 10.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assi¢nment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parries and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. 10.7 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 by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for Citv: Troy C. Powell City Manager City of The Colony 6800 Main Street The Colony, Texas 75056 With Conv to: Gordon Scruggs, P.E. Director of Engineering/Development Services City of The Colony 6800 Main Street The Colony, Texas 75056 PROFESSIONAL SERVICES AGREEMENT. OFFICE CREEK WATERSHED DRAINAGE IMPACT PEE ORDINANCE UPDATE — Page 7 If intended for Professional: Kate E. Ploetzner, P.E. Kimley-Horn and Associates, Inc. 12750 Merit Drive, Suits 1000 Dallas, TX 75251 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 10.13 Professional's Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub -consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEY'S FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL'S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT PROFESSIONAL SERVICES AGREEMENT. OFFICE CREEK WATERSHED DRA@IAGE IMPACT FEE ORDINANCE UPDATE — Page 8 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional's obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional's nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional's obligations in accordance with this Agreement, which is of a confidential, non- public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional's 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 the 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, compilations, studies or other documents, whether prepared by Professional or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way PROFESSIONAL SERVICES AGREEIv=. OFFICE CREEK WATERSHED DRAINAGE IMPACT FEE ORDINANCE UPDATE — PagC 9 intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. EXECUTED this V'* day of Q, 4 20J,5! d'.", of Th. rMl .n T.' .e City Secretary this Z79 dayof 2015. Kimley-Horn and Associates, Inc. By: Name: G. Brad Tribble, P.E. Title: Senior Vice President Attestor Assistant Secretary PROFESSIONAL SERVICES AGREEMENT. OFFICE CREEK W ATERSHED DRAINAGE IMPACT FEE ORDINANCE UPDATE - Pa$C 10 Exhibit A Scope of Services Professional agrees to commence services upon written direction from City and to complete the following scope of work during the project. SECTION 1 Identification of Project: Professional Engineering Services for an update of the current Drainage Impact Fee Ordinance for the Office Creek watershed in accordance with Chapter 395 of the Texas Local Government Code. SECTION 2 General Category of Services: Calculation of Maximum Assessable Drainage Impact Fee in Accordance with Chapter 395 of the Texas Local Government Code, which includes the following components: • Determination of 10 -Year Land Use Assumptions (2015-2025) • Development of a Capital Improvements Plan for Impact Fees • Calculation of the Maximum Assessable Impact Fee • Preparation of an updated Drainage Impact Fee Report SECTION 3 Specific Scope of Basic Services: Professional will perform the following basic scope of services under this IPO. Task 1—Project Coordination and Management The Professional will perform the following scope of services in relation to this task: • Develop Project Coordination and Management Plan ■ Develop Project Schedule and Interim Milestones ■ Prepare Project Correspondence and Invoicing Documents • Prepare and e-mail weekly progress reports to the project team Task 2 — Land Use Assumptions The Consultant will prepare the land use assumptions in conformance with Chapter 395 of the Texas Local Government Code based upon the following scope of services: A. Data Collection 1. The Consultant will deliver a letter to the City describing data that should be provided to the Professional. The scope for data collection is as follows: a. City Contacts — The City shall provide the organization structure and contact information for the applicable City staff involved with the land use assumptions. PROFESSIONAL SERVICES AGREEMENT. OFFICE CREEK WATERSHED DRAINAGE IMPACT FEE ORDINANCE UPDATE — Page I I b. Comprehensive Master Plans — The City shall identify and provide the City's most recent comprehensive master plans. c. Previous Impact Fee Reports — The City shall provide the Professional any previous drainage impact fee reports. d. Maps — The City shall provide the Professional with GIS shapefiles, associated databases, and layer files in ESRI ArcGIS 8.x format. Data should include: i. Current Zoning Map ii. Future Land Use Plan iii. Most recent digital orthophotograph (DOQ) of the City 2. The Land Use Assumptions developed as part of the Roadway Impact Fee Study (to be prepared by Kimley-Horn as part of a separate Professional Services Agreement) will be utilized in development of the land use assumptions for the Drainage Impact Fee service area. B. Service Area Boundary 1. Based on our previous analysis of the area, we anticipate that the service area of the impact fee will be established as the Office Creek watershed, as defined by the Office Creek Master Drainage Plan and the current drainage impact fee ordinance. C. Existing Land Use Assumptions 1. The Professional will rely upon the existing land use assumptions contained within the Roadway Impact Fee Update Report to be prepared by Kimley-Horn as part of a separate Professional Services Agreement. The Professional will update the existing land use information (based on development that has occurred since the publication of the report) in a tabular format suitable for use in this Drainage Impact Fee Update. D. Build -Out Land Use Assumptions 1. The Professional will rely upon the Build -Out land use assumptions contained within the Roadway Impact Fee Update Report to be prepared by Kimley-Horn as part of a separate Professional Services Agreement. Any modifications to these Build -Out projections are not included in this contract and will be considered Additional Services. The Professional will summarize the Build - Out assumptions in a tabular format suitable for use in this Drainage Impact Fee Update. E. Ten -Year Land Use Assumptions (2015-2025) Chapter 395 states that impact fees may only be used to pay for items included in the capital improvements plan and attributable to new service units projected over a period of time not to exceed ten (10) years. The Professional will conduct one (1) meeting with the City to receive the City's projections for expected growth rates for land use for the service area. The Professional will summarize the 10 -Year assumptions in a tabular format suitable for use in this Drainage Impact Fee Update. F. Land Use Assumptions Documentation The Professional will summarize the methodology utilized to update the land use assumptions prepared by Kimley-Horn and Associates, Inc. in a Land Use Assumptions section within the Office Creek Drainage Impact Fee Report. The land use assumptions will include the following: a. Existing land use data b. 10 -Year land use data PROFESSIONAL SERVICES AGREEMENT. OFFICE CREEK WATERSHED DRAINAGE IMPACT FEE ORDINANCE UPDATE —Page 12 c. Build -Out land use data d. Summary Exhibits Meetings: a. Prepare for and attend a kick-off meeting with Client to discuss both Land Use Assumptions and the Drainage Impact Fee Calculations. b. Prepare for and attend a review meeting to discuss the draft Land Use Assumptions. All public hearing requirements related to the Update of the Land Use Assumptions will occur as part of the Public Hearings and Approval task. Deliverables: a. Three (3) copies of the Draft Land Use Assumptions Report. b. Electronic (.pdf) copy of the Draft Land Use Assumptions Report c. Electronic (.pdf) copy of the Final Land Use Assumptions Report Upon final approval of the Drainage Impact Fee Update and revised ordinance by the City Council, the Professional will provide three (3) copies of the Final Drainage Impact Fee Report, which will include the Land Use Assumptions documentation. Task 3 — Drainage Impact Fee Update The Consultant will prepare the Drainage Impact Fee Update in conformance with Chapter 395 of the Texas Local Government Code based upon the following scope of services: A. Data Collection 1. The Professional will deliver a letter request to the City describing drainage data that should be provided to the Professional. The data collection is as follows: a. City contacts — City shall provide the organization structure and contact information for the applicable City staff involved with the completion of the Office Creek Master Drainage Plan and the drainage impact fee CIP. b. Summaries of costs of improvements that have been completed within the watershed as part of the current CIP, and Opinions of Probable Construction Cost for improvements that have been designed as part of the current CIP, but have not been constructed. B. 10 -Year Growth Projections and Capacity Analysis 1. The Professional will use the service area boundary established as part of Task 2 (Land Use Assumptions). In consultation with the City staff, the Professional will determine land use categories to be included in the land use / weighted runoff table. 2. The Professional will identify the service units for new development. Using the HEC -HMS modeling prepared by the City as part of the 2010 Drainage Impact Fee Update, the Professional will develop updated peak runoff rates in relation to the various land uses present in the service area. PROFESSIONAL SERVICES AGREEMENT. OFFICE CREEK WATERSHED DRAINAGE IMPACT FEE ORDINANCE UPDATE — Page 13 3. The Professional will perform an analysis of existing conditions. This will include a determination of 100 -year peak flow rates. 4. The Professional will project 100 -year peak flow conditions for the ten-year planning period, the target year for the impact fee growth projections. This will include growth and increased runoff for the service area. The Professional will determine the existing capacity available for the increased runoff. C. Drainage Impact Fee Capital Improvements Plan The Professional will assist the City to develop a Drainage Impact Fee Capital Improvements Plan, which will include cost projections for anticipated projects to be included in the CIP. The Drainage Impact Fee Capital Improvements Plan will include existing oversized facilities and proposed facilities designed to serve future development, and will be based on the Capital Improvements Plan included as part of the current Drainage Impact Fee. The Drainage Impact Fee Capital Improvements Plan shall include a general description of the project and a project cost projection. Planning level cost projections for future projects will be prepared based on previous experience with Drainage construction costs. The City shall provide the Professional with actual City cost information for previously completed projects with excess capacity and any cost contribution to County or State projects. 2. The Professional will identify the portion of project improvements required to serve existing demand and the portion of project improvements required to serve new development within the 10 - year planning period. D. Maximum Assessable Drainage Impact Fee Calculation 1. Using the newly developed 10 -year growth projections, drainage impact fee capital improvements plan, and capacity available for new growth, the Professional will determine the cost of drainage improvements within the service area, the maximum costs per service unit, and the resulting assessable drainage impact fees by service area. E. Financial Analysis 1. The Professional assumes the maximum assessable impact fee per service unit will be 50% of the total projected cost of implementing the capital improvements plan. F. Impact Fee Documentation The Professional will provide both a draft and final Drainage Impact Fee Report. The report will include the following: a. Narrative of Drainage Impact Fee Methodology b. Summary of Impact Fee Calculations c. Drainage Impact Fee CIP Project Map and Listing Meetings: a. Prepare for and attend a kick-off meeting with Client to discuss both Land Use Assumptions and the Drainage Impact Fee Calculations. b. Prepare for and attend a review meeting to discuss the draft Drainage Impact Fee report. PROFESSIONAL SERVICES AGREEMENT. OFFICE CREEK WATERSHED DRAINAGE IMPACT FEE ORDINANCE UPDATE — Page 14 All public hearing requirements related to the Update of the Drainage Impact Fees will occur as part of the Public Hearings and Approval task. Deliverables: a. Five (5) copies of the Draft Drainage Impact Fee Report. b. Electronic (.pdf) copy of the Draft Drainage Impact Fee Report c. Electronic (.pdf) copy of the Final Drainage Impact Fee Report Upon final approval of the Drainage Impact Fee Update and revised ordinance by the City Council, the Professional will provide five (5) copies of the Final Drainage Impact Fee Report, which will include a copy of the Land Use Assumptions Report provided as part of Kimley-Hom's Roadway Impact Fee Study under separate contract. Task 4 — Public Hearing and Approval A. Public Hearings and Approval The Professional will perform the following professional services for this project phase: Perform informal survey of other municipalities' drainage impact fees. Compile charts to compare the City's proposed Drainage Impact Fees compared with those of other local municipalities. 2. Prepare for and attend one (1) CIAC public hearing to present the respective Land Use Assumptions, CIF's, and Maximum Assessable Impact Fees. Prepare for and attend one (1) City Council public hearing to present the updated Land Use Assumptions, and the Final Impact Fee Update Report, including the Drainage Impact Fee CIP and Maximum Assessable Impact Fees. 4. Attend one (1) City Council meeting where it adopts the revised Impact Fee Ordinance and establishes the actual Drainage Impact Fees. The consultant will assist in the preparation of the Impact Fee Ordinance in an advisory role only. The City will consult the appropriate legal counsel to assist in writing the actual Impact Fee Ordinance. PROFESSIONAL SERVICES AGREEMENT. OFFICE CREEK WATERSHED DRAINAGE IMPACT FEE ORDINANCE UPDATE - Page 15 SECTION 4 Additional Services: Additional services to be performed if authorized by the City, but which are not included in the above- described Scope of Services, are as follows: A. Performing any analysis in addition to that listed above related to the update of the Land Use Assumptions. B. Performing any flow calculations or storm drainage master planning beyond those identified in the scope of services. C. Preparing for or attending any additional meetings not identified within the Scope of Services. D. Furnishing additional copies of review and/or final documents in excess of the number of the same identified in the Scope of Services. E. Reanalysis or recalculation to reflect project scope changes or policy changes requested by the City, addressing changes in direction previously approved by the City, or mandated by changes to governmental laws. F. The Public Hearing and Approval process could require an additional meeting. If an additional meeting is required we recommend budgeting a reimbursable fee of approximately $1,000 for the labor and expenses associated with preparation for, and attendance at, the meeting. G. Any services not listed in the Scope of Services. PROFESSIONAL SERVICES AGREEMENT. OFFICE CREEK WATERSHED DRAINAGE IMPACT FEE ORDEdANCE UPDATE — Page 16 Exhibit B Work Schedule and Budget Requirements Work Schedule: Professional agrees to complete and submit work required by this agreement as follows: A. Final Drainage Impact Fee Report in 120 calendar days from date of written Notice to Proceed. Budget Requirements Professional will perform the Scope of Services for the lump sum fees as shown below. Professional will not perform any Additional Services without prior approval. Fees will be invoiced monthly based on services provided. The services will be completed for a lump sum fee not to exceed total cost of S 39,000.00. No work outside the approved scope of work should be performed by Professional without prior written approval and Change Order to the contract. PROFESSIONAL SERVICES AGREEMENT. OFFICE CREEK WATERSHED DRAINAGE IMPACT FEE ORDINANCE UPDATE - Page 17