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Item 4CCITY OF SOUTHLAKI MEMORANDUM (September 16, 2014) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Item 4C Subject: Approve Engineering Services Agreement with Kimley- Horn Associates for the 2015 Impact Fee Update Study in the amount of $91,000 Action Requested: Approve Engineering Services Agreement with Kimley-Horn Associates for the 2015 Impact Fee Update Study in the amount of $91,000 Background Information: The City's current impact fee study was approved by the City Council in April, 2008. The study was adopted as part of Ordinance 657-13, which updated the impact fees for roadway, water and wastewater. Impact fees are charged on new development, solely to fund or recover the cost of capital improvements or facility expansions necessitated by and attributable to new developments. The impact fee computation procedure and the assessment of such fees are governed by the Texas Local Government Code (LGC), Chapter 395. The first step in updating the impact fee is to perform a comprehensive engineering study by qualified professional independent engineer or financial consultant. Kimley-Horn Associates (KHA) will be performing the study and presenting to the Capital Improvements Advisory Committee (CIAC) for review so that they may provide their recommendation to the City Council. Thereafter, the City Council will hold a public hearing and approve, amend or deny the ordinance updating the impact fees. The scope of this engineering services agreement includes the following: KHA will assist the City in developing a Land Use Assumption Report which includes a population projection and new service units based on the Southlake 2030 plan for the upcoming 10 year period. KHA will then compute the Item 4C total cost of infrastructure expansion attributable to new growth for water, wastewater and roadway facilities over the next 10 year period. The consultant will calculate the maximum impact fee which is computed as the difference in eligible CIP cost and the credit for future revenues divided by the projected total new service units for the upcoming ten years. Texas LGC allows two credit options. First option is to give a credit equal to 50% of the total projected cost of implementing the capital improvements plan to arrive at maximum impact fee. This option is included in the basic services. The second option is to give a credit for future taxes and service revenues from projected new development to arrive at maximum impact fee. The second option in calculating the maximum impact fee is also included in the scope as an optional service and it will be only performed should the city council deemed necessary. As future taxes and revenues are difficult to project with accuracy and open to debate, jurisdictions often opt for the 50 percent credit. The city's current roadway impact fee gives 50% credit to arrive at the maximum assessable impact fee while the water and wastewater uses financial calculations including the debt component to arrive at the maximum impact fee KHA will also assist the City, as required, with preparations for presentations, workshops, public hearings, SPIN meeting, CIAC and City Council meeting. Finally, KHA will review and provide guidance on the ordinance and will create an estimator spreadsheet tool that will assist the city staff in calculating impact fees based on rates determined by the City Council. For the scope defined above, staff has negotiated a fee with Kimley-Horn Associates in an amount not to exceed a cost ceiling of $91,000, of which $76,000 is for basic services with an additional $15,000 for the optional financial analysis and impact fee credit services, should it be deemed necessary by the City Council. Item 4C Task Fee Meetings and Project Management $3,000 Land Use Assumptions $3,000 Water Impact fee study $18,500 Wastewater Impact fee study $18,500 Roadway Impact fee study $26,000 Public Hearing, Approval and $7,000 Implementation tools Total Basic Service fee $76,000 19M Financial Considerations: Funding for the Impact fee study will come from the respective roadway, water and wastewater Impact Fee funds. Strategic Link: The approval of the engineering services agreement will link this request to the City's strategy map relative to the focus area of performance management and service delivery by adhering to providing high quality services through sustainable business practice. Citizen Input/ Board Review: None Legal Review: None Alternatives: The City Council may approve or deny the agreement. Supporting Documents: KHA Engineering services agreement Staff Recommendation: Approve Engineering Services agreement contract with Kimley-Horn Associates for the 2015 Impact fee update study in the amount of $91,000. Staff Contact: Robert H. Price, P.E., Public Works Director Cheryl Taylor, P.E., City Engineer Om Gharty-Chhetri, P.E., Civil Engineer AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made this day of , 20_ by and between the City of Southlake, Texas (hereinafter referred to as "CITY"), and Kimley- Horn Associates (hereinafter referred to as "ENGINEER"). WHEREAS, CITY contemplates the need to update the impact fee study for the roadway, water and waste water systems in accordance with Chapter 395 of the Local Government Code and hereinafter referred to as the "Project". WHEREAS, ENGINEER is qualified, able, and desirous of performing the necessary engineering work upon which the Project is based and is willing and able to work with CITY staff to organize and coordinate the professional services necessary to complete the Project. NOW, THEREFORE, CITY engages ENGINEER to perform, and ENGINEER agrees to perform, the engineering work for the Project, as more fully described herein below, and CITY agrees to pay as compensation, and ENGINEER agrees to accept as compensation, the payments on the dates and in the amounts herein specified, all in accordance with the terms more fully set out below and as provided in Attachment which is attached hereto and incorporated by reference as if fully set forth herein. I. ARTICLE ENGINEERING SERVICES A. Scope of Work ENGINEER will provide the supervision, direction, personnel and equipment to perform the engineering Services outlined in Attachment I in accordance with the terms set forth in this Agreement and in Attachment I. B. Definitions. Services refers to the professional services performed by ENGINEER pursuant to this Agreement. C. Changes. CITY, without invalidating the Agreement, may order changes within the general scope of the work required by the Agreement by altering, adding to and/or deducting from the work to be performed. If any change causes an increase or decrease in ENGINEER's cost of, or the time required for, the performance of any part of the Services under the Agreement, an equitable adjustment will be made by mutual agreement and this Agreement shall be modified in writing accordingly. Page 1 D. Coordination With Owner. The CITY shall make available to ENGINEER for use in performing Services hereunder all existing plans, maps, field notes, statistics computations and other data in the CITY's possession relative to existing facilities and to the Project. E. Site and Local Conditions. ENGINEER has the right to examine the site in order to become acquainted with local conditions and accepts conditions at the site unless otherwise noted in writing to the CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER from its responsibilities specified hereunder. Necessary arrangement for access to any site by ENGINEER's employees will be made with CITY. F. Assignment and Subcontractors/Third Party Rights. The rights and obligations covered herein are personal to each party hereto and not to any third party and for this reason neither this Agreement nor any contract hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER subcontract any of its obligations under this Agreement without the prior consent of CITY. G. Independent Contractor. ENGINEER covenants and agrees that it will perform the work hereunder as an independent contractor, and not as an officer, agent, servant, or employee of CITY; that ENGINEER shall have exclusive control of and exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; that the doctrine of respondent superior shall not apply as between CITY and ENGINEER, its officers, agents, employees, contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and ENGINEER. H. Disclosure. By signature of this contract, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed Project and business relations with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. Finally, Engineer warrants that it has submitted to the City a completed Conflicts of Interest Questionnaire as required by Chapter 176 of the Texas Local Government Code. Page 2 Approval by CITY. Approval by CITY of this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees, and subcontractors for the accuracy and competency of the Services performed under this Agreement, including but not limited to surveys, designs, working drawings and specifications and other engineering documents. Such approval shall not be deemed to be an assumption of such responsibility and liability by CITY for any negligent act, error, or omission in the performance of ENGINEER's professional services or in the conduct or preparation of the subsurface investigations, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subcontractors, it being the intent of the parties that approval by CITY signifies the CITY's approval of only the general design concept of the Improvements to be constructed. J. Indemnification. ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION OR NEGLIGENT ACT OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES, INVITEES, OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND ENGINEER WILL, AT ITS COST AND EXPENSE, DEFEND, PAY ON BEHALF OF, AND PROTECT CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS. K. No Third Party Beneficiary. For purposes of this Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) this Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with CITY and ENGINEER, 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 they owe to either CITY or ENGINEER. L. Successors and Assigns. CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party to this Agreement and to the successors, executors, administrators and assigns of such other party with respect to all covenants Page 3 of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in this Agreement without prior written consent of the other. II. ARTICLE CITY'S RESPONSIBILITIES CITY will: 1. Provide full information as to CITY's requirements for the Project; 2. Assist ENGINEER by placing at ENGINEER's disposal all information in CITY's control or knowledge which is pertinent to the Project, including executed right-of-way easements and final field survey data; 3. Examine all work presented by ENGINEER and respond within reasonable time and in writing to the material submitted by ENGINEER; 4. Pay all costs incident to advertising for obtaining bids or proposals from Contractors; 5. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any defect in ENGINEER's work or in Contractor's work; 6. Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the CITY's decisions; 7. Provide all information and criteria as to the CITY's requirements, objectives, and expectations for the Project including all numerical criteria that are to be met and all standards of development, design, or construction. 8. Provide to the ENGINEER all previous studies, plans, or other documents pertaining to the Project and all new data reasonably necessary in the ENGINEER's opinion, such as site survey and engineering data, environmental impact assessments or statements, zoning or other land use regulations, etc., upon all of which the ENGINEER may rely; and 9. Arrange for access to the site and other private or public property as required for the ENGINEER to provide its services. 10. Provide any other information or assistance as outlined in Attachment 1 hereto. Page 4 Ill. ARTICLE COMPENSATION FOR ENGINEERING SERVICES The CITY shall compensate ENGINEER for services rendered under this Agreement, in accordance with the following: For the completion of the work contemplated in Article I, the ENGINEER shall be paid a fee with not to exceed amount of $76,000 including expenses for basic services. Optional special services shall be performed upon City's request on an hourly basis with a not to exceed amount of $15,000 with a total not to exceed cost ceiling of $91,000 as billed monthly by ENGINEER. IV. ARTICLE TIMES OF BILLING AND PAYMENT The ENGINEER shall bill CITY monthly for costs incurred in accordance with the work performed provided the limits set out in Article Ill hereof have not been exceeded. Payment shall be due within thirty (30) days of receipt by CITY of a properly prepared and correct invoice from ENGINEER. ENGINEER's invoices shall be accompanied by such records or other written proof as CITY deems necessary to verify the billings, Remittances shall be made to ENGINEER's office at 801 Cherry Street, Suite 950, Fort Worth, TX 76102. If CITY fails to make payment due ENGINEER within thirty (30) days of the day when payment for services and expenses is due under the terms of this Agreement, ENGINEER shall be entitled to interest on such unpaid sums at the rate provided in Chapter 2251 of the Texas Government Code. V. ARTICLE ADDITIONAL ENGINEERING SERVICES In addition to performing the engineering services set out in Article I, hereof, ENGINEER agrees to perform additional services as requested by CITY from time to time and CITY agrees to compensate ENGINEER for such services in accordance with ENGINEER's standard hourly fee (see Attachment 1) as determined by the actual costs incurred and by actual time expended, such services to be one or more of the following: Make or prepare detailed description of sites, maps, or drawings related thereto and outside the scope of the Project; 2. Appearances before courts or boards on matters of litigation or hearings related to the Project; 3. Preparation of environmental impact assessments or statements for any governmental agency; Page 5 4. Miscellaneous engineering work for CITY not related to the Project; 5. To provide resident project construction inspection, unless such inspection is not required, in writing, by the CITY; 6. Other services agreed to by the parties in writing attached hereto as Attachment I and incorporated herein. VI. ARTICLE STANDARD OF CARE In performing its professional services, the ENGINEER will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the ENGINEER's undertaking herein or its performance of services, and it is agreed that the ENGINEER is not a fiduciary with respect to the CITY. VII. ARTICLE PERIOD OF SERVICE This Agreement shall be effective upon execution by CITY and ENGINEER, and shall remain in force until work is completed on the Project or until terminated under the provisions hereinafter provided in Article Vlll. Vill. ARTICLE TERMINATION The CITY may terminate this Agreement at any time for convenience or for any cause upon ten (10) days written notice to the ENGINEER. Upon receipt of such notice the ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. The ENGINEER, upon termination, shall be paid for all services rendered through the date of termination together with any additional reimbursable expense then due. IX. ARTICLE OWNERSHIP OF DOCUMENTS All completed or partially completed reports prepared under this Agreement, including the original drawings in both paper and electronic formats, shall become the property of CITY if this Agreement is Page 6 terminated. Upon completion and payment of the contract, the final design, drawings, specifications and documents in both paper and electronic formats shall be owned by CITY. 2. Reuse, change or alteration by CITY or others acting by or on behalf of CITY of such documents without the permission of ENGINEER shall be at CITY's sole risk. X. ARTICLE INSURANCE ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's expense, insurance of the type and of minimum coverage limits as follows: Workers Compensation - Statutory Employer's Liability - Limits as required by the State of Texas. 2. Comprehensive General Liability, Bodily Injury and Property Damage including contractual liability in a combined single limit - $500,000 per occurrence. 3. Comprehensive Automotive Liability, Bodily Injury and Property Damage in a combined single limit - $1,000,000 per accident. Certificates of insurance for the above coverage in a form acceptable to CITY, evidencing the coverage required above, shall be provided to CITY upon execution of this Agreement. Such certificates shall provide that the insurer will give CITY not less than ten (10) days notice of any material changes in or cancellation of coverage. In the event any subcontractor of ENGINEER, with or without CITY's consent, provides or renders services under this Agreement, ENGINEER shall ensure that the subcontractor's services are covered by the same insurance limits as set forth above. ENGINEER shall not commence work under this Agreement until it has obtained Professional Liability (Errors and Omissions) Insurance as required hereunder and such insurance coverage has been approved by CITY. Such insurance shall be in the minimum amount of $1,000,000 and shall include coverage of Contractually Assumed Liability. The insurance coverage prescribed herein shall be maintained until one (1) year after CITY's acceptance of the construction project and shall not be canceled without prior written notice to CITY. In this connection, upon the signing and return of this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as evidence that the insurance coverage required herein has been obtained by ENGINEER, and such certificate shall contain the provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to CITY. ENGINEER shall notify CITY within ten (10) days of any modification or alteration in such Professional Liability (Errors and Omissions) Insurance. Page 7 XI. ARTICLE AUTHORIZATION, PROGRESS AND COMPLETION CITY and ENGINEER agree that the Project is planned to be completed by April 6, 2015. ENGINEER shall employ manpower and other resources, and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond its control. By mutual agreement, CITY and ENGINEER may modify the Project schedule during the course of the Project and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to CITY's approval. It is understood that this Agreement contemplates full and complete engineering services for this Project, including any and all Services necessary to complete the work. For additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services, and the basis for compensation as agreed upon by CITY and ENGINEER. XII. ARTICLE NOTICE Any notice required under this Agreement will be in writing and given either personally, by registered or certified mail, return receipt requested, or by a nationally recognized overnight courier service, addressed to the parties as follows: If to CITY: Shana Yelverton City Manager City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 Phone: 817-748-8400 Fax: 817-748-8010 If to ENGINEER: Brad Tribble, P.E Kimley-Horn Associates 2201 West Royal Lane, Suite 275 Irving, TX 75063 Phone: 214-420-5600 All notice shall be effective upon the date of receipt. Page 8 XIII. ARTICLE SEVERABILITY In the event that any provision of this Agreement shall be found to be void or unenforceable, such finding shall not be construed to render any other provisions of this Agreement either void or unenforceable. All provisions, which are void or unenforceable, shall not substantially affect the rights or obligations granted to or undertaken by either party. XIV. ARTICLE VENUE -LAW Venue of any suit or cause of action under this Agreement shall lie exclusively in Tarrant County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF the parties have caused this Agreement to be executed in two equal originals on the date and year first above mentioned. CITY OF SOUTHLAKE: By: John Terrell, Mayor ATTEST: By: City Secretary ENGINEER: By: _ za , Brad Tribble, P.E Page 9 THE STATE OF TEXAS § COUNTY OF !��� § Before me on this day personally appeared clRt[dd- W p known to me [or proved to me on the oath of or through (description of identity card or other document)] to be the person whose name is subscribed to the foregoing instrument and that he/she is the duly authorized 1lltsr-�Il�`�i41�t 4(� f of ,and acknowledged to me that he/she executed the sa a for the purposes dnd consideration therein expressed. GiIven under my hand and seal of office this day of , A.D. 1 �� Notary Public, State of Texas �-AAYELI NICOLE TUCKER ' Notary Public, State of Texas My Commission Expires to s Name Printed November 04, 2014 Page 10 ATTACHMENT Kimley>»Horn September 4, 2014 Mr: Robert H. Price, P.E. Director of Public Works City of Southlake 1400 S. Main Street, Suite 320 Southlake, TX 76092 RE: 20151mpact Fee Update Southlake, Texas Professional Services Agreement Dear Mr. Price: Exhibit 1 Kimley-Horn and Associates, Inc. ("the ENGINEER") is pleased to submit this proposal/letter agreement to the City of Southlake (the "CITY") for providing professional services associated with the update of the City's Water, Wastewater, and Roadway Impact Fees. Our project understanding, scope of services, schedule, and fee for this project is outlined below. Project Understanding This project consists of providing professional services associated with an update of the City's Land Use Assumptions and Water, Wastewater, and Roadway Impact Fees in accordance with Chapter 395 of the Texas Local Government Code. This project is anticipated to include the following components: 1. Project Management and Meetings 2. Land Use Assumptions 3. Water Impact Fee Study 4. Wastewater Impact Fee Study 5. Roadway Impact Fee Study 6. Financial Analysis and Impact Fee Credit Determination — Optional Service 7. Public Hearings, Approval and Implementation Tools. Scope of Services (See attached Scope of Services -- Attachment A) Information Provided By City The master plan information used in the analysis shall be provided by the CITY. We shall be entitled to rely on the completeness and accuracy of all information provided by the CITY. The CITY shall provide all available information requested by the ENGINEER during the project. Kimley»>Horn Schedule Exhibit 1 - Page 2 Task 2 will be completed predominantly by others with assistance from the ENGINEER. Tasks 3 through 5 will be completed within four (4) months following receipt of the information required as part of Task 2 and a signed copy of this Letter Agreement. Task 6 (optional) and Task 7 will be completed in a timely manner based upon CIAC and City Council schedules, along with the requirements of Chapter 395 of the Texas Local Government Code. Additional services, if desired, will be performed in a timely manner upon authorization by the CITY. Fee and Billing The ENGINEER will perform the services described in the Scope of Services on a not to exceed Lump Sum (LS) basis in accordance with the following major tasks. Required Lump Sum (LS) or HourlylReimbursable (HR) Task Fee:. Task 1 — Project Management and Meetings (HR) $3,000 Task 2 — Land Use Assumptions (LS) $3,000 Task 3 — Water Impact Fee Study (LS) $18,500 Task 4 — Wastewater Impact Fee Study (LS) $18,500 Task 5 — Roadway Impact Fee Study (LS) $26,000 Task 7 — Public Hearings, Approval, and Implementation_ Tools (HR) $7,000 Subtotal Required Tasks: $76,000 Optional Special Services Lump Sum (OHR): Task Fee:. Task 6 — Financial Analysis and Impact Fee Credit Determination $15,000 Subtotal Optional Tasks: TOTAL Fee: $15,000 $91,000 The ENGINEER will perform the Required Lump Sum Tasks identified in the Scope of Services for a lump sum fee of $66,000. The ENGINEER will perform the Required Hourly/Reimbursable Tasks for a recommended budget of $10,000 or $26,000 (if Task 6 is requested to be completed by the City). Task 1's recommended budget allows for approximately 20 hours and Task 7's recommended budget allows for approximately 46 hours. All permitting, application, and similar project fees will be paid directly by the City unless otherwise stated in Attachment A. Lump Sum fees will be invoiced monthly based upon the percentage of services performed as of the invoice date. The ENGINEER will provide the reimbursable services on a labor fee plus expense basis. Direct reimbursable expenses (subconsultant fees, out -of -house printing, courier services, etc.) will be billed at a rate of 1.10 times cost. Labor fee will be billed on an hourly basis per Kimley»)Horn Exhibit 9 - Page 3 the attached rate schedule, which is subject to annual adjustment. A percentage of labor fee (6%) will be added to each invoice to cover certain other expenses such as telecommunications, printing, in-house reproduction, postage, computer expenses, supplies, and local mileage. This 6% is included within the not to exceed amount listed above. Administrative time related to the project will be billed hourly. All permitting, application; and similar project fees will be paid directly by the CITY. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Texas Registered Engineering Firm F-928 Jeff Whitacre, P.E., AICP, PTP Scott Arnold, P.E., PTO Project Manager Contract Specialist Attachments: Scope of Services — Attachment A KAFTW MarketinglSouthlake12014_RIF_UpdalelAugust_25_Final_Update\2014-9-4- Soulhlake_Impact_Fee_Update_Proposal.docx ATTACHMENT A Kimley-Horn and Associates, Inc. City of Southlake — 2016 Impact Fee Update Scope of Services Task 1. Project Management and Meetings - $3,000 (Hourly/Reimbursable) The ENGINEER will keep communication with the City throughout the project through monthly status meetings and status reports. These meetings will also be the meetings needed to accomplish the various tasks outlined in this scope. 1.1. Project Team Status Meetings and Coordination. The ENGINEER will participate in monthly meetings with City's staff. A maximum of two hours will be anticipated for each meeting. It is assumed that a maximum of six meetings will be held through the course of the project. These meetings will be geared to cover major technical topics. The ENGINEER will prepare notes from each meeting and submit to the City's Project Manager for review and approval. 1.2. Project Status Reports. The ENGINEER will prepare and submit monthly status reports regarding the overall project schedule, critical tasks, and sub -consultant coordination (if necessary) in conjunction with each monthly invoice. Task 2. Land Use Assumptions - $3,000 (Lump Sum) The ENGINEER will assist the City in developing the land use assumptions in conformance with Chapter 395 of the Local Government Code and shall include. 2.1. Data Collection, The ENGINEER will coordinate with the City to obtain the followin data: 2.1.1 Comprehensive Master Plans — The City shall identify and provide the City's most recent comprehensive master plans. 2.1.2 Building Permit History —The City shall provide the ENGINEER with available building permit history (both residential and non-residential) for the previous five (5) years. If not available the ENGINEER with base growth of Tarrant County Appraisal District Data. 2.1.3 Land Use Assumptions from the North Central Texas Council of Governments (NCTCOG) 2040 plan. 2.1.4 Land Use Assumptions used for the Water and Wastewater Master Plans. 2.1.5 Maps — The City shall provide the ENGINEER with available GIS shapefiles, associated databases, and layer files in ESRI ArcGIS10.X format. All data shall be projected in NAD 83 State Plane, South Central Texas Zone coordinates. Data should include: • Current Zoning Map; • Future Land Use Plan Map; • City 1 County Parcel Data with living area information; • City Limits; and • Most recent digital orthophotograph (DOQ) of the City. City of Southlake — 2015 Impact Fee Study Page 1 of 9 Scope of Services September 4, 2014 2.2. Service Areas. The ENGINEER will work with City staff to revise the service area boundaries (if necessary). The ENGINEER will review the existing roadway service areas and make recommendations to the number of service areas so that each area does not exceed the six (6) mile restriction as stated in Chapter 395 of the Local Government Code. 2.3. Land Use Assumptions. The ENGINEER will provide City staff with an overview of the information required as part of the Land Use Assumptions for Impact Fees. This task will require the City to obtain the following for use in the Impact Fee calculations. The sources of the data may come from the NCTCOG. Below is the information that will be needed. 2.3.1 Existing population and employment information by service area for the Year 2014; 2.3.2 Build -Out population and employment projections by service area; and 2.3.3 Ten Year population and employment projections by service area for the Year 2024; 2.4. Documentation. The ENGINEER will incorporate the Land Use Assumptions information prepared by the City into the final Impact Fee Report. No separate documentation will be completed for the land use assumptions: 2.5. Meetings. The land use assumptions will be discussed during the monthly coordination meetings. 2.6. Deliverables. 2.6.1 Data collection request letter 2.6.2 No specific deliverables for this task; the Land Use Assumptions will be incorporated into the final Impact Fee Study Report. Task 3. Water Impact Fee Study - $18,500 (Lump Sum) The ENGINEER will prepare the water impact fee study in conformance with Chapter 395 of the Local Government Code and shall include: 3.1. Data Collection. The ENGINEER will deliver a letter request to the City describing water data that should be provided to the ENGINEER. The data collection is as follows: 3.1.1 Water Master Plan — The ENGINEER will coordinate with the City to obtain the latest water system master plan adopted by the City. 3.1.2 Water CCN boundaries 3.1.3 The ENGINEER will obtain water usage history -Annual water usage and maximum day usage records for the past ten (10) years for development of the service unit projection. 3.2. Infrastructure Capacity Criteria. The ENGINEER will coordinate with the City to obtain the criterion for determining the ten (10) year capacity of the following infrastructure: 3.2.1 Existing Transmission Lines built within the last 5 years 3.2.2 Future Transmission Lines (12-inch and larger) 3.2.3 Existing and Future Elevated Storage Tanks 3.2.4 Existing and Future Ground Storage Tanks 3.2.5 Existing and Future Pump Stations City of Southlake -- 2015 Impact Fee Study Page 2 of 9 Scope of Services September 4, 2014 3.3. Water Impact Fee Capital Improvements Plan. The ENGINEER will coordinate with the City to develop the Water Impact Fee Capital Improvements Plan. It will include the following infrastructure: 3.3.1 Existing Transmission Lines built within the last 5 years 3.3.2 Future Transmission Lines (12-inch and larger) 3.3.3 Existing and Future Elevated Storage Tanks 3.3.4 Existing and Future Ground Storage Tanks 3.3.5 Existing and Future Pump Stations 3.4. Maximum Assessable Water Impact Fee Calculation. The ENGINEER will calculate the additional service units based on the Land Use Assumptions. The ENGINEER will then calculate the Impact Fee per service unit, unit equivalents by meter size and the Maximum Assessable Water Impact Fee table by meter size. The ENGINEER will incorporate the financial analysis performed in Task 6 to determine the maximum assessable impact fee by service unit. if Task 6 is not performed, the ENGINEER will use 50% of the Impact Fee CIP as the credit calculation. 3.5. Water Impact Fee Study Report. The ENGINEER will provide both a draft and final Water Impact Fee Study Report. The report will include: 3.5.1 Water service area 3.5.2 Narrative of the impact fee methodology 3.5.3 Impact fee calculations 3.5.4 Water Impact Fee CIP 3.5.5 Exhibits 3.5.6 Because of the relatively high printing costs and the challenge of managing drafts and final versions of each major component of the Impact Fee Study.Report, draft versions of the Water Impact Fee Study Report will be submitted in .pdf format. 3.6. Meetings. The Water Impact Fee CIP will be discussed during the monthly coordination meetings. 3.7. Deliverables. 3.7.1 Data collection request letter 3.7.2 Electronic (.pdf) copy of the Draft Water Impact Fee Report. 3.7.3 Upon final approval of the Impact Fee Study and new ordinance by the City Council, the ENGINEER will provide five (5) originals of the Final Impact Fee Study Report, including the Water Impact Fee component of the Report (see Task 7.2) City of Southlake - 2015 Impact Fee Study Page 3 of 9 Scope of Services September 4, 2014 Task 4 — Wastewater Impact Fee Study - $18,600 (Lump Sum) The ENGINEER will prepare the wastewater impact fee study in conformance with Chapter 395 of the Local Government Code and shall include: 4.1. Data Collection. The ENGINEER will deliver a letter request to the City describing water data that should be provided to the ENGINEER. The data collection is as follows: 4.1.1 Wastewater Master Plan — The ENGINEER will coordinate with the City to obtain the latest wastewater system master plan adopted by the City. 4.1.2 The ENGINEER will obtain wastewater usage history - Annual water usage and maximum day usage records for the past ten (10) years for development of the service unit projection. 4.2. Infrastructure Capacity Criteria. The ENGINEER will coordinate with the City to obtain the criterion for determining the ten (10) year capacity of the following infrastructure: 4.2.1 Existing Trunk Lines built within the last 5 years 4.2.2 Future Trunk Lines (12-inch and larger) 4.2.3 Existing and Future Lift Stations 4.2.4 Existing and Future Force Mains 4.3. Wastewater Impact Fee Capital Improvements Plan. The ENGINEER will coordinate with the City to develop the Wastewater Impact Fee Capital Improvements Plan. It will include the following infrastructure: 4.3.1 Existing Trunk Lines built within the last 5 years 4.3.2 Future Trunk Lines (12-inch and larger) 4.3.3 Existing and Future Lift Stations 4.3.4 Existing and Future Force Mains 4A. Maximum Assessable Wastewater Impact Fee Calculation. The ENGINEER will calculate the additional service units based on the Land Use Assumptions. The ENGINEER will then calculate the Impact Fee per service unit, unit equivalents by meter size and the Maximum Assessable Wastewater Impact Fee table by meter size. The ENGINEER will incorporate the financial analysis performed in Task 6 to determine the maximum assessable impact fee by service unit. If Task 6 is not performed, the ENGINEER will use 50% of the Impact Fee CIP as the credit calculation. 4.5. Wastewater Impact Fee Study Report. The ENGINEER will provide both a draft and final Wastewater Impact Fee Study Report. The report will include: 4.5.1 Wastewater service area 4.5.2 Narrative of the impact fee study methodology 4.5.3 Impact fee calculations 4.5.4 Wastewater Impact Fee CIP 4.5.5 Exhibits 4.5.6 Because of the relatively high printing costs and the challenge of managing drafts and final versions of each major component of the Impact Fee Study Report, draft versions of the Wastewater Impact Fee Study Report will be submitted in .pdf format. 4.6. Meetings. The Wastewater Impact Fee CIP will be discussed during the monthly coordination meetings. City of Southlake - 2015 Impact Fee Study Page 4 of 9 Scope of Services September 4, 2014 4.7. Deliverables. 4.7.1 Data collection request letter. 4.7.2 Electronic (.pdf) copy of the Draft Wastewater Impact Fee Study Report. 4.7.3 Upon final approval of the Impact Fee Study and new ordinance by the City Council, the ENGINEER will provide five (5) originals of the Final Impact Fee Study Report, including the Wastewater Impact Fee component of the Report (see Task 7.2). Task 5 — Roadway Impact Fee Study - $26,000 (Lump Sum) The ENGINEER will prepare the roadway impact fee study in conformance with Chapter 395 of the Local Government Code and shall include: 5.1. Data Collection. The ENGINEER will deliver a letter request to the City describing roadway data that should be provided to the ENGINEER. The data collection is as follows: 5.1.1 Thoroughfare Plan — The City shall provide the ENGINEER the most recent thoroughfare plan adopted by the City. GIS shapefiles, databases, and layering information shall be provided if available. 5.1.2 Traffic Counts —The City shall provide data (current and historical) for roadway segments on the current Master Thoroughfare Plan. 5.1.3 Design Standards 5.1.4 Historic Roadway Bid Data 5.2. 10-Year Growth Projections and Capacity Analysis: 5.2.1 In consultation with the City staff, the ENGINEER will determine land use categories to be included in the land use vehicle -mile equivalency table. 5.2.2 The ENGINEER will identify the service units for new development and the average trip length. Using the 9th Edition of the Institute of Transportation Engineer's (ITE) Trip Generation Manual, the ENGINEER will develop trip generation and pass -by trip rates. 5.2.3 The ENGINEER will perform an analysis of existing conditions. This will include a determination of roadway capacities, volumes, vehicle -miles of supply, vehicle - miles of demand, existing excess capacity, and existing deficiencies 5.2.4 The ENGINEER will project traffic conditions for the ten-year planning period, the target year for the impact fee growth projections. This will include growth and new demand by service area. The ENGINEER will determine the capacity available for new growth 5.3. 10-Year Growth Projections and Capacity Analysis: 5.3.1 The ENGINEER will assist the City to develop a Roadway Impact Fee Capital Improvements Plan, which will include cost projections for anticipated projects to be included in the study. The Engineer will include recently completed cost estimates created as part of the Krikwood alignment study. The Roadway Impact Fee Capital Improvements Plan will include existing oversized facilities and proposed facilities designed to serve future development. The Roadway 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 Roadway construction costs. The City shall provide the ENGINEER with actual City cost information for previously City of South lake — 2015 Impact Fee Study Page 5 of 9 Scope of Services September 4, 2014 completed projects with excess capacity and any cost contribution to County or State projects. 5.3.2 The ENGINEER 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. 5.4. Maximum Assessable Roadway Impact Fee Calculation. Using the newly developed 10- year growth projections, roadway impact fee capital improvements plan, and capacity available for new growth, the ENGINEER will determine the cost of roadway improvements by service area, the maximum costs per service unit, and the resulting maximum assessable roadway impact fees by service area. The ENGINEER will incorporate the financial analysis performed in Task 6 to determine the maximum assessable impact fee by service unit. If Task 6 is not performed, the ENGINEER will use 50% of the Impact Fee CIP as the credit calculation. 5.5. Roadway Impact Fee Study Report. The ENGINEER will provide both a draft and final Roadway Impact Fee Report. The report will include: 5.5.1 Roadway service areas 5.5.2 Narrative of the impact fee study methodology 5.5.3 Impact fee calculations 5.5.4 Roadway Impact Fee CIP 5.5.5 Exhibits 5.5.6 Because of the relatively high printing costs and the challenge of managing drafts and final versions of each major component of the Impact Fee Study Report, draft versions of the Roadway Impact Fee Report will be submitted in .pdf format. 5.6. Meetings. The Roadway Impact Fee CIP will be discussed during the monthly coordination meeting. 5.7. Deliverables. 5.7.1 Data collection request letter 5.7.2 Electronic (.pdf) copy of the Draft Roadway Impact Fee Report. 5.7.3 Upon final approval of the Impact Fee Study and new ordinance by the City Council, the ENGINEER will provide five (5) originals of the Final Impact Fee Study Report, including the Roadway Impact Fee component of the Report (see Task 7.2). City of South lake — 2015 Impact Fee Study Page 6 of 9 Scope of Services September 4, 2014 Task 6 — Financial Analysis and Impact Fee Credit Determination (Optional Service) - $15,000 (HourlylReimbursable) A financial subconsultant will calculate maximum assessable impact fees for the designated ten- year period for each service function (i.e. water, wastewater, and roadways), as well as determine the water, wastewater, and roadway impact fee credits in conformance with Chapter 395 of the Local Government Code. This task shall include: 6.1 Select Appropriate Credit Option. In 2001, Chapter 395 was amended to include a plan for awarding either a credit for the portion of ad valorem tax and/or utility service revenues generated by new service units during the program period that are used for payment of improvements that are included in the impact fee capital improvements plan, or a credit equal to 50% of the total cost of the impact fee capital improvements plan. Using the impact fee eligible capital improvement costs and projected service units provided by the ENGINEER, the financial subconsultant will calculate the maximum assessable, full -cost recovery impact fees, including applicable financing costs, for the designated period. The financial subconsultant will then meet with City Staff to determine the credit option (either the credit determination or 50% of costs) that most appropriately satisfies the balance between the City's funding requirements and the City's desired economic growth. 6.2 Credit Determination. Assuming the City elects to pursue the credit option involving ad valorem tax and/or utility service revenue, the financial subconsultant will determine the appropriate credit, if any, and apply this credit to the impact fee determination in accordance with Chapter 395 requirements. A critical component of this calculation is the examination of funding practices involving existing projects that are impact fee eligible under the newly calculated impact fees. Since Chapter 395 requires a credit for ad valorem taxes and/or utility service revenues from new service units used to fund impact fee eligible projects, a decision must be made as to whether to maintain or modify the existing funding practice for existing projects. The ultimate decision of either maintaining or modifying existing funding practices is generally based on funding needs or the administrative requirements of complying with Chapter 395. 6.3 Impact Fee Determination. After the credit determination is made, the credit will be incorporated into the impact fee calculation. The impact fee calculation performed by the financial subconsultant uses a financial model, which fully recognizes the requirements of Chapter 395, including the recognition of cash and/or debt financing, interest earnings, fund balances, ad valorem taxes, and utility rate revenues. 6.4 Meetings and Presentations. After the impact fees have been calculated, the financial subconsultant will meet with City Staff to review the impact fee determination and address any outstanding issues and/or concerns. Staffs comments and recommendations will be incorporated where appropriate. The ENGINEER will incorporate the financial analysis and impact fee credit determination into the final impact fee documentation. City of Southlake - 2015 Impact Fee Study Page 7 of 9 Scope of Services September 4, 2014 Task 7 — Public Hearings, Approval and Implementation Tools - $7,000 (Hourly/Reimbursable) 7.1. Public Hearings and Approval. It is anticipated that a representative from the ENGINEER will prepare for and attend up to five (5) meetings during the public hearing and approval process. These anticipated meetings are as follows: 7.1.1 One (1) stakeholder, SPIN, Capital Improvements Advisory Committee (CIAC), City Council, or other committee meetings; 7.1.2 One (1) CIAC/Council workshop to present fundamentals of Impact Fees, a summary of the Impact Fee methodology, Land Use Assumptions, and the CIP and Maximum Assessable Impact Fees; 7.1.3 One (1) CIAC public hearings to present the Land Use Assumptions, CIP, and Maximum Assessable Impact Fees; 7.1.4 One (1) City Council public hearings to present the Impact Fee, including the Land Use Assumptions, Impact Fee CIP and Maximum Assessable Impact Fees; and 7.1.5 One (1) City Council meeting where it adopts the ordinance and establishes the actual Impact Fees. 7.2. Implementation Tasks. 7.2.1 Upon final approval of the Impact Fee Study and new ordinance by the City Council, the ENGINEER will provide five (5) copies of the Final Impact Fee Study Report, including Land Use Assumptions, Water, Wastewater, Roadway, and Financial Analysis components the Impact Fee Study, along with an electronic (.pdf) copy of the Final Impact Fee Study Report. 7.2.2 At the request of the City, the ENGINEER will review the proposed Impact Fee Ordinance as prepared by the City Attorney. It is anticipated the City Attorney will require exhibits from the Water, Wastewater, and Roadway Impact Fee Report to be included in the ordinance. 7.2.3 Kimley-Horn will create a Water, Wastewater, and Roadway Impact Fee estimator spreadsheet tool to assist in calculating a development's impact fees based on the impact fee rates Additional Services Services not specifically identified in the Scope of Services above shall be considered additional and shall be performed on an individual basis upon authorization by the City. Compensation for additional services will be agreed to prior to their performance. Such services shall include, but are not limited to, the following: • Additional assistance in developing the land use assumptions outside of that described in this agreement. • Preparation for and attendance at additional public meetings not specifically identified in the Scope of Services. • Furnish additional copies of review documents and/or bid documents in excess of the number of the same identified in the Scope of Services. • 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 changing governmental laws. City of Southlake — 2015 Impact Fee Study Page 8 of 9 Scope of Services September 4, 2014 Kimley-Horn and Associates, Inc. Standard Rate Schedule (Hourly Rate) Senior Engineer I 1 Senior Professional I Senior Engineer 111 Senior Professional II Engineer 1 Professional CAD Technician Designer Analyst Support Staff /Technician Effective August 2014 $235 - $270 $220 - $250 $160 - $220 $145 - $160 $110 - $170 $140 - $180 $60-$120 - End of Scope of Services - City of Southlake - 2015 Impact Fee Study Page 9 of 9 Scope of Services September 4, 2014