HomeMy WebLinkAboutRes 2021-04-899 Agreement for Professional Engineering Services with Kimley HornCITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL ENGINEERING
SERVICES AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, IN THE AMOUNT NOT
TO EXCEED TWO HUNDRED SIXTY-FOUR THOUSAND DOLLARS AND ZERO
CENTS ($264,000); AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Anna is responsible for managing the Capital Improvement Plan
and impact fees applied to development in the City; and,
WHEREAS, the City master plans, impact fee studies, and 10-year CIP must be updated
to reflect changes in land use and community goals per the new Anna Comprehensive
Plan; and,
WHEREAS, the professional engineering services are for Capital Improvement Projects
included in the City of Anna Community Investment Program; and,
WHEREAS, the total estimated cost of the services is $264,000, with funding to be from
Roadway, Water, and Wastewater Impact Fees,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Payment and Funding.
That the City Manager is hereby authorized to execute the professional services
agreement, in an amount not to exceed $264,000.00 for the City of Anna, Texas.
That funding for the purchase orders shall come from the Roadway, Water, and
Wastewater Impact Fee Funds.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this
day %J April 2021.
City Secretary, Carrie L. Smith
APPROVED:
Mayor, Nate Pike
Exhibit "A"
(see following pages)
Kimley»>Horn
March 26, 2021
Mr. Greg Peters, P.E.
Director of Public Works
City of Anna
3223 North Powell Parkway
Anna, TX 75409
Re: Water and Wastewater Master Plan Updates and Water, Wastewater, and Roadway Impact
Fee Updates
Dear Mr. Peters:
Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant") is pleased to submit this letter
agreement (the "Agreement") to the City of Anna ("Client" or "City") for the Water and Wastewater
Master Plan Updates and Water, Wastewater, and Roadway Impact Fee Updates.
PROJECT UNDERSTANDING
The City has requested Kimley-Horn assist with updating their current water and wastewater models
and master plans. The City is currently finalizing the Comprehensive Plan, and the City would like to
update the models and corresponding master plans to account for changes in existing and projected
water demands and wastewater flows, land uses, and projected capital improvement projects.
In addition, Kimley-Horn will also update the City's water, wastewater, and roadway impact fees.
Kimley-Horn will provide the City with the technical analysis required by Chapter 395 of the Texas Local
Government Code to determine the maximum water, wastewater, and roadway impact fees that may
be assessed. Kimley-Horn will also assist the City with the various presentations required during the
public hearing and adoption process. Kimley-Horn will utilize the water and wastewater master plan
updates and capital improvement plans a basis for the impact fee update process.
SCOPE OF SERVICES:
SECTION 1 -WATER AND WASTEWATER MASTER PLAN UPDATES
Task 1—Water Master Plan Update
1. Data Collection:
The City will assist Kimley-Horn in obtaining updated record information regarding the
following:
a. Historic Demands (peak day, yearly average, winter low, etc.)
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b. Service Connections —The City will provide total number of service connection on
December 31 for the last five (5) years, including subtotals for residential, commercial
and industrial connections for the past year, if available.
c. Metering Records — The City will provide a list of all large water users, their locations
and metering records for the past year, including local industries, restaurants, schools,
hospitals and other businesses.
d. Wholesale water supply capacity and applicable contracts
e. As -Built drawings for new developments.
2. Analysis:
The current hydraulic water model for the City will be updated. The model will be created using
the computerized modeling software "WaterCad" by Haestead Methods. Kimley-Horn will use
this model to identify infrastructure improvements required to accommodate existing
deficiencies and growth for the existing, 5-year, 10-year, and buildout conditions.
a. Existing System Analysis
i. Land Use Assumptions —Kimley-Horn will incorporate land use assumptions
from the current Comprehensive Plan Update.
ii. Design Criteria - Kimley-Horn will develop design criteria to base the analysis
upon including but not limited to:
• Minimum and maximum pressures,
• Minimum and maximum pipe velocities,
• Elevated storage,
• Ground storage,
• Pumping,
• Fire Flow,
• Texas Commission on Environmental Quality (TCEQ) criteria.
iii. Existing Water Demands —Kimley-Horn will utilize the City's existing water
usage data to calculate the City's existing and historical water demands. Tasks
will include:
• Historical and current average day, maximum day, and peak hour
water demand,
• Historical and current average day water demand per acre by each
unique land use type,
• Representative maximum day water diurnal demand curve.
iv. Water System Model —Kimley-Horn will update the City's water system model
to represent the existing water system and existing water system demands.
The model will utilize existing infrastructure information, system operational
parameters, and available customer demand information. This will include:
• Evaluation of system connectivity.
• Confirmation of pipe and node parameters, such as pipe size,
roughness factor, and node elevation.
• Confirmation of system operational parameters and controls.
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• Evaluation of the distribution of existing demands.
v. Long -Term Water Supply
• Kimley-Horn will document the City Is projected water needs and
existing contracted water sources to determine additional water
sources required for the future.
3. Capital Improvement Plan
a. Water System Analysis and Infrastructure Sizing —Kimley-Horn will utilize the water
system model prepared with this task to determine existing infrastructure that does not
meet the design criteria and to size infrastructure to serve future growth. This will
include:
i. Identification of infrastructure needed to alleviate existing system deficiencies.
ii. Utilization of future land use and population projections from recent
comprehensive plan update to prepare projected demand distributions and
incorporate into the model.
iii. Execution of the model to identify infrastructure improvements necessary to
meet future demands.
iv. Execution of fire flow simulations to identify infrastructure improvements
necessary to meet fire flow requirements.
v. The following components will be evaluated and sized:
• Water lines
• Ground storage
• Elevated storage
• Pump stations
• Pressure planes
• Control valves
b. Capital Improvement Plan — Kimley-Horn will develop a water Capital Improvement
Plan that identifies projects to be constructed. This will Include:
i. Development of capital improvements project list.
ii. Development of opinions of probable construction cost for each project.
4. Water Master Plan Report
Kimley-Horn will prepare a Water Master Plan report summarizing the findings of the analysis
and the recommendations.
a. Prepare draft report for review and comment by City.
b. Prepare final report based on City comments.
c. The report is anticipated to include the following:
I. Executive summary
ii. Introduction
iii. Description of existing infrastructure
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iv. Design criteria and modeling methodology
v. Existing water system deficiencies
vi. Future land use and water demand projections
vii. Analysis and recommendations
viii. Capital improvements plan
• Opinion of probable construction cost
• Project description
ix. Maps
• Existing land use map
• Ultimate land use map
• Existing system infrastructure map
• Capital Improvement Plan map
Task 2 —Wastewater Master Plan Update
1. Data Collection:
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The City will assist Kimley-Horn in obtaining updated record information regarding the
following:
a. Wastewater Specific Data Collection
Physical Data
• Lift Stations: total capacity, number of pumps, flow and head range,
pump curves, pump impeller elevation
• Wastewater treatment plant average day and maximum day capacity
b. Wastewater discharge records —Previous ten (10) years
i. Current and historical population (annually)
ii. Current and historical number and type of water connections (monthly)
iii. Wastewater treatment plant discharge (daily)
iv. Lift station discharge (daily)
v. Specific commercial/industrial meters (daily)
c. System Operational Parameters and Controls
i. Lift station pump control settings
d. Historical maintenance data
Sanitary Sewer Overflow (SSO) History
ii. Maintenance problem areas
e. Flow Metering Records —The City will provide previous flow meter data from NTMWD.
2. Analysis
This task will consist of compiling existing infrastructure information and demographics to
create the hydraulic sewer model for the City. The model will be created using industry standard
sewer modeling software such as "SewerCAD" by Bentley. Kimley-Horn will use this model to
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identify infrastructure improvements required to alleviate existing deficiencies and to serve
future growth. The scope is anticipated to be as follows:
a. Existing System Analysis
i. Land Use Assumptions —Kimley-Horn will utilize future land use assumptions
from current comprehensive plan update
ii. Design Criteria — Kimley-Horn will develop design criteria that meets Texas
Commission on Environmental Quality (TCEQ) regulations and industry
design standards for:
• Sewer line capacity
• Lift station and force main capacity
iii. Existing Wastewater Demands — Kimley-Horn will utilize the City's existing
wastewater discharge data and field data to calculate the City's existing and
historical wastewater discharges. This will include:
• Calculation of historical and current average day, dry weather
wastewater discharges for the City and for each wastewater basin.
• Calculation of historical and current average day, dry weather
wastewater discharges by each unique land use type.
• Calculation of a representative diurnal wastewater demand curve for
the City and for each wastewater basin.
• Calculation of wet weather wastewater discharges for the City and for
each wastewater basin for each unique rainfall event.
iv. Wastewater System Model — Based on the data gathered above, Kimley-Horn
will create a wastewater system model to represent the existing wastewater
system and existing wastewater system demands. The model will utilize
existing infrastructure information, system operational parameters, and
available customer demand information. This will include:
• Evaluation of system connectivity.
• Confirmation of pipe and node parameters, such as pipe size,
roughness factor, and node elevation.
• Confirmation of system components, such as lift stations, are shown
in the model with the correct location, connectivity, and geometry.
• Confirmation of system operational parameters and controls.
Evaluation of the distribution of existing demands.
v. Model and Infrastructure Verification —
• Kimley-Horn will coordinate with City staff to verify that the existing
infrastructure matches the wastewater system model.
• A calibration analysis will be performed to compare model results with
the recorded data.
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3. Ca�tal Improvement Plan
a. Wastewater System Analysis and Infrastructure Sizing —Kimley-Horn will utilize the
wastewater system model to determine existing infrastructure that does not meet the
design criteria and to size infrastructure to serve future growth. This will include:
i. Identification of infrastructure needed to alleviate existing system deficiencies.
ii. Utilization of future land use projections to prepare projected demand
distributions and incorporate into the model.
iii. Execution of the model to identify infrastructure improvements necessary to
meet future demands.
b. The following components will be evaluated and sized:
i. Transmission Lines
ii. Lift Stations
iii. Treatment Facilities
c. Capital Improvement Plan — Kimley-Horn will develop a wastewater Capital
Improvement Plan that identifies projects to be constructed. This will Include:
i. Development of capital improvements project list.
ii. Development of preliminary opinions of probable construction cost for each
project.
4. Wastewater Master Plan Report
KiIII ley -Horn will prepare a Wastewater Master Plan report summarizing the findings of the
analysis and the recommendations. This will include the following:
a. Preparation of a draft report for review and comment by City.
b. Preparation of a final report based on City comments.
c. The report is anticipated to include the following:
i. Executive summary
ii. Introduction
iii. Description of existing infrastructure
iv. Design criteria and modeling methodology
v. Existing wastewater system deficiencies
vi. Future land use and wastewater demand projections
vii. Analysis and recommendations
viii. Capital improvements plan
• Opinion of probable construction cost
• Project description
ix. Maps
. Existing land use map
. Ultimate land use map
• Existing system infrastructure map
Capital Improvement Plan map
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SCOPE OF SERVICES:
SECTION 2 - WATER, WASTEWATER, AND ROADWAY IMPACT FEE
UPDATES
Task 3 -Land Use Assumptions
1. Data Collection. Data for the Lan Use Assumptions ("LUA")will be developed from the recently
developed Comprehensive Plan and Master Planning efforts and supplemented with data
provided by the City for new development activity that has occurred since the demographic
data within the last year. Data to be provided by the City include residential (added single and
multi -family dwelling units) and square footage (or acreage) of developed non-residential uses
within the City and water/wastewater planning areas. Kimley-Horn will coordinate with the City
on specific data needs.
2. Existing Land Use. Kimley-Horn will utilize data collected from Task 3.1 to document existing
growth rates, trends and socio-demographics as well as provide the development of base
projections. Kimley-Horn will provide supporting documentation for land use, population and
employment data by planning areas and service areas for the base year
3. 10-Year Land Use. Chapter 395 requires that impact fees may only be used to pay for items
included in the Impact Fee Capital Improvements Plan and attributable to new service units
projected over a period not to exceed ten (10) years. Based on guidance from the City
regarding projected development patterns and growth rates, Kimley-Horn will develop the Ten -
Year Land Use Assumptions for the 2021 — 2031 planning window. Kimley-Horn will complete
the demographic table for each service area.
4. Documentation. Kimley-Horn will prepare a Chapter entitled "Land Use Assumptions" for final
Impact Fee Report. This will be incorporated into the final report.
5. Meetings. Kimley-Horn will meet with the City discuss the land use assumptions. One meeting
is anticipated.
6. Deliverables. The LUA will be standalone report that will ultimately be incorporated into the
final Impact Fee Study report. Key elements of the LUA report include:
a. Coordination and correlation of LUA with service areas for roads, water and
wastewater,
b. Documentation of existing growth rates, trends and socio-demographics,
c. Development of base, 10-year and ultimate or build -out projections,
d. Land use, population and employment assumptions for the projection periods,
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e. Supporting documentation population and employment data by planning areas and
service areas for the base year and 10-year growth.
Task 4 —Roadway Impact Fee Study
1. Data Collection. Kimley-Horn will coordinate with the City to obtain the following data:
a. City contacts — City will provide the organization structure and contact information for
the applicable City staff involved with the completion of the roadway capacity analysis
and Roadway Impact Fee Project plans.
b. Thoroughfare Plan — Kimley-Horn will utilize the recently updated thoroughfare plan.
Any analysis related to updating the City's currently adopted Thoroughfare Plan will be
considered additional services.
c. Traffic Counts — The City shall provide any available data (current and historical) for all
roadway segments on the current Thoroughfare Plan. Kimley-Horn will obtain recently
completed traffic counts for state highway facilities from TxDOT and NTCOG.
d. Historical Project Costing Information — The City shall provide Kimley-Horn with
available data on the actual City costs for previously completed arterial roadway
improvement projects to assist in the development of planning level project costs for
future projects and to include any project costs for previously completed projects with
excess capacity available to serve future growth.
2. Ten -Year Growth Projections and Capacity Analysis.
a. Kimley-Horn will identify the service units for new development and the average trip
length. Using the 10th Edition of the Institute of Transportation (ITE) Trip Generation
Manual, Kimley-Horn will incorporate trip generation and pass -by trip rates.
b. Kimley-Horn 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.
c. Kimley-Horn 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
for each service area established in Task 3. Kimley-Horn will determine the capacity
available for new growth.
3. Roadway Impact Fee Project Plan. Kimley-Horn will assist the City to develop a Roadway
Impact Fee Project Plan which will include cost projections for anticipated projects to be
included in the study. The Roadway Impact Fee Project Plan will include existing oversized
facilities and proposed facilities designed to serve future development. The Roadway Impact
Fee Project 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 discussion with
local roadway construction contractors, City staff, and previous experience with roadway
construction costs. The City shall provide actual city cost information for previously completed
projects with excess capacity and any cost contribution to County, State, Federal, or developer
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constructed projects. Due to the variety of unknowns associated with roadway project costs
projections (ROW acquisition, utility relocations, market impact on materials and labor costs
over time, etc.), the planning level project cost projections utilized in the roadway impact fee
analysis should not be used for any future capital improvement planning within the City.
Kimley-Horn will identify the portion of projected improvements required to serve existing
demand and the portion of project improvements required to serve new development within the
10-year planning period.
4. Maximum Assessable Roadway Impact Fee Calculation. Using the newly developed ten-year
growth projections, Roadway Impact Fee Project Plan, and capacity available for new growth,
Kimley-Horn will determine the cost of roadway improvements by service area, the maximum
costs per service unit, and the resulting pre -credit maximum assessable roadway impact fees
by service area. A financial analysis for the credit calculation will be not performed. 50% of
the pre -credit maximum assessable roadway impact fee calculated in Task 4.4 will be utilized
to determine the maximum assessable roadway impact fee.
5. Documentation. Kimley-Horn will provide both a draft and final Roadway Impact Fee Report.
The report will include:
a. Land Use Assumptions;
b. Roadway service areas;
c. Roadway Impact Fee Eligible Project List;
d. Narrative of the impact fee methodology;
e. Impact fee calculations;
f. Land Use Vehicle -Mile Equivalency Table; and
g. Supporting Exhibits.
6. Deliverables.
a. Electronic (.pdf) copy of the Draft Roadway Impact Fee Report;
b. Five 8.5" x 11" hard copies of the Draft Roadway Impact Fee Report; and
c. Upon final approval of the Roadway Impact Fee Analysis and new ordinance by the
City Council, Kimley-Horn will provide five 8.5" x 11" originals and one electronic (.pdf)
copy of the Final Roadway Impact Fee Report
Task 5 —Water Impact Fee Study
1. Data Collection. Kimley-Horn will coordinate with the City to obtain data required for the impact
fee study, including information on water meters, recent water usage, since the Master Plan
was completed. Kimley-Horn will prepare and present a data request email for City staff.
2. Ten -Year Growth Projections and Capacity Analysis. Kimley-Horn will develop projected water
demands over the 10-year planning period which will be based on socio-demographic data
developed in the LUAs report. The determination of 10-year water demands and will be based
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on LUAs and recent historical water usage for average, maximum day, and peak operating
conditions for both retail and potential wholesale customers. Kimley-Horn will utilize data from
the Master Plan. Kimley-Horn will utilize equivalent capacity of water meters to establish the
service unit equivalents (SUEs) required in Chapter 395 of the Local Government Code for
both existing and 10-year growth conditions.
3. Water Impact Fee Project Plan. Kimley-Horn will utilize information provided by the City and
the capacity analysis from the Master Plan to determine impact fee eligible proposed projects.
Kimley-Horn will update the cost of proposed water system improvements to be included in the
impact fee calculation. Maps will be prepared showing the existing and proposed water projects
to be included in the impact fee calculation.
4. Maximum Assessable Water Impact Fee Calculation. Kimley-Horn will utilize data from the
Master Plan to analyze existing completed and proposed projects for remaining capacity for
impact fee cost recovery for 10-year projected growth. Kimley-Horn will utilize the capacity
analysis and project costs to calculate percentage of project cost eligible for impact fee cost
recovery. Kimley-Horn will develop maximum allowable water impact fees in accordance with
Chapter 395 of the Texas Local Government Code using existing and proposed project costs
to support 10-year growth based on projected increase in service units.
5. Documentation. Kimley-Horn will provide both a draft and final Water Impact Fee Report. The
report will include:
a. Land Use Assumptions;
b. Water service area;
c. Water Impact Fee Eligible Project Plan;
d. Narrative of the impact fee methodology;
e. Impact fee calculations;
f. Service Unit Equivalency Table; and
g. Supporting Exhibits.
6. Deliverables.
a. Electronic (.pdf) copy of the Draft Water Impact Fee Report;
b. Five 8.5" x 11" hard copies of the Draft Water Impact Fee Report; and
c. Upon final approval of the Water Impact Fee Analysis and new ordinance by the City
Council, Kimley-Horn will provide five 8" x 11 originals and one electronic (.pdf) copy
of the Final Water Impact Fee Report
Task 6 —Wastewater Impact Fee Study
1. Data Collection. Kimley-Horn will coordinate with the City on obtaining data required for the
impact fee study, including information from the wastewater meters, treatment plant discharge,
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since the Wastewater Master Plan was last completed. Kimley-Horn will prepare and present
a data request email for City staff.
2. Ten -Year Growth Projections and Capacity Analysis. Kimley-Horn will develop projected
wastewater flows over the 10-year planning period which will be based on socio-demographic
data developed in the LUA report. The determination of 10-year wastewater flows and will be
based on LUA and recent historical wastewater flows for average, and peak day operating
conditions for both retail and potential wholesale customers. Kimley-Horn will utilize data from
the Master Plan in addition to the newly requested data. Kimley-Horn will utilize equivalent
capacity of water meters to establish the service unit equivalents (SUEs) required in Chapter
395 of the Local Government Code for both existing and 10-year growth conditions.
3. Wastewater Impact Fee Project Plan. Kimley-Horn will utilize data from the Wastewater Master
Plan to analyze existing completed and proposed projects for remaining capacity for impact fee
cost recovery for 10-year projected growth. Kimley-Horn will utilize the capacity analysis and
project costs to calculate percentage of project cost eligible for impact fee cost recovery.
4. Maximum Assessable Wastewater Impact Fee Calculation. Kimley-Horn will utilize the
Wastewater Master Plan to analyze existing completed and proposed projects for remaining
capacity for impact fee cost recovery for 10-year projected growth. Kimley-Horn will utilize the
capacity analysis and project costs to calculate percentage of project cost eligible for impact
fee cost recovery. Kimley-Horn will develop maximum allowable wastewater impact fees in
accordance with Chapter 395 of the Texas Local Government Code using existing and
proposed project costs to support 10-year growth based on projected increase in service units.
5. Documentation. Kimley-Horn will provide both a draft and final Wastewater Impact Fee Report.
The report will include:
a. Land Use Assumptions;
b. Wastewater service area;
c. Wastewater Impact Fee Eligible Projects;
d. Narrative of the impact fee methodology;
e. Impact fee calculations;
f. Service Unit Equivalency Table; and
g. Supporting Exhibits.
6. Deliverables.
a. Electronic (.pdf) copy of the Draft Wastewater Impact Fee Report;
b. Five 8.5" x 11" hard copies of the Draft Wastewater Impact Fee Report; and
c. Upon final approval of the Wastewater Impact Fee Analysis and new ordinance by the
City Council, Kimley-Horn will provide five 8" x 11" originals and one electronic (.pdf)
copy of the Final Wastewater Impact Fee Report.
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Task 7 —Adoption Process
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1. Comparison Data. Kimley-Horn will collect information on actual Impact Fees collected for up
to six benchmark cities for up to three different land uses (likely residential, commercial, and
industrial land uses). This information will be provided to the City in electronic (.xls) tabular
format for use in the development of comparison tables.
2. Ordinance Support. Kimley-Horn will review the proposed Impact Fee Ordinance as prepared
by the City Attorney. It is anticipated the City Attorney will require exhibits from the Impact Fee
Report to be included in the ordinance.
3. Revenue Projections. Kimley-Horn will utilize the Land Use Assumptions calculated in Task 3
to calculate various revenue projections based on potential collection rate scenarios.
4. Documentation. Kimley-Horn will provide final comprehensive Impact Fee Report that includes
the Roadway, Water, Wastewater and Financial Analysis. The report will include:
a. Land Use Assumptions;
b. Roadway Impact Fee Study;
c. Water Impact Fee Study;
d. Wastewater Impact Fee Study;
e. Appendices
5. Meetings. It is anticipated that Kimley-Horn will prepare for and attend each of the following
meetings:
a. Two Capital Improvements Advisory Committee ("CIAC") meetings to present the Land
Use Assumptions, Impact Fee eligible projects, and Maximum Assessable Impact
Fees;
b. Two Council work sessions;
c. Two City Council public hearings to present the Impact Fee, including the Land Use
Assumptions, Impact Fee eligible projects, and Maximum Assessable Impact Fees;
and
d. One City Council meeting where it adopts the ordinance and establishes the actual
Impact Fees,
6. Deliverables.
a. Electronic (.pdf) copy of the Final Impact Fee Report;
b. Five 8.5" x 11" hard copies of the Draft version of the Final Report; and
c. Upon final approval ordinance by the City Council, Kimley-Horn will provide five 8" x
11" originals and one electronic (.pdf) copy of the Final Impact Fee Report.
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Task 8 —Administration Tools and Implementation Support
Page 13
1. Impact Fee Estimator. Kimley-Horn will create an Impact Fee estimator spreadsheet tool to
assist in calculating a development's roadway, water, and wastewater impact fees based on
the impact fee rates adopted in Task 7.
2. Implementation Support. Kimley-Horn will provide implementation support to assist City staff
as a program is rolled out. This implementation support is based on 18 hours.
3. Deliverables. Electronic (.xls) Impact Fee Estimator Tool.
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:
• Flow Monitoring
• Rainfall Monitoring
• Survey services
• Geotechnical engineering services
• Preparing applications and supporting documents for government grants, loans, or planning
advances, and providing data for detailed applications.
• Any services not listed in the Scope of Services.
Fee and Expenses
Kimley-Horn will perform the Scope of Services for the total lump sum fee below.
SECTION 1: WATER AND WASTEWATER MASTER PLAN UPDATES
Task 1- Water Master Plan Update
$
40,000
Task 2 - Wastewater Master Plan Update
$
75,000
Subtotal
$
115,000
SECTION 2: WATER, WASTEWATER, AND ROADWAY
IMPACT
FEE UPDATES
Task 3 - Land Use Assumptions
$
16,000
Task 4— Roadway Impact Fee Study
$
40,000
Task 5 — Water Impact Fee Study
$
30,000
Task 6 — Wastewater Impact Fee Study
$
30,000
Task 7— Adoption Process
$
25,000
Task 8—Administration Tools and Implementation Support
$
81000
Subtotal
$
149,000
Total
$
264,000
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Lump sum fees will be invoiced monthly based upon the overall percentage of services performed.
All permitting, application, and similar project fees will be paid directly by the City. Payment will be due
within 25 days of your receipt of the invoice. Due to the everchanging circumstances surrounding the
COVID-19 Virus, situations may arise during the performance of this Agreement that affect availability
of resources and staff of Kimley-Horn, the City, other consultants, and public agencies. There could
be changes in anticipated delivery times, jurisdictional approvals, and project costs. Kimley-Horn will
exercise reasonable efforts to overcome the challenges presented by current circumstances, but
Kimley-Horn will not be liable to City for any delays, expenses, losses, or damages of any kind arising
out of the impact of the COVID-19 Virus,
Closure
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to,
the attached Standard Provisions, which are incorporated by reference. As used in the Standard
Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to the
City of Anna.
If you concur in all the foregoing and wish to direct us to proceed with the services, please have
authorized persons execute both copies of this Agreement in the spaces provided below, retain one
copy, and return the other to. Fees and times stated in this Agreement are valid for sixty (60) days
after the date of this letter.
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.
Todd Strouse, P.E.
Associate/Project Manager
Joseph C. Riccardi, P.E.
Vice President
Attachment —Standard Provisions
CITY OF ANNA
(Print me and Ti f )
(Date)
KIMLEY-HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
(1) Consultant's Scope of Services and Additional Services. The Consultant will perform only the services
specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant
will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing,
the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant's then -current
hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction,
postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times
cost.
(2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
(a) Designate in writing a person to act as its representative, such person having complete authority to transmit
instructions, receive information, and make or interpret the Client's decisions.
(b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and
all standards of development, design, or construction.
(c) Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as surveys,
engineering data, environmental information, etc., all of which the Consultant may rely upon.
(d) Arrange for access to the site and other property as required for the Consultant to provide its services.
(e) Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto within
a reasonable time so as not to delay the Consultant.
(f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and
consents from other parties as may be necessary.
(g) Obtain any independent accounting, legal, insurance, cost estimating and feasibility services required by Client.
(h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects
the Consultant's services or any defect or noncompliance in any aspect of the project.
(3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly
executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress
through completion of the services. Times for performance shall be extended as necessary for delays or suspensions
due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six
months, Consultant's compensation shall be renegotiated.
(4) Method of Payment. Client shall pay Consultant as follows:
(a) Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will
be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by the
Consultant and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the rate
A 12% per year beginning on the 25'h day. If the Client fails to make any payment due under this or any other agreement
within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client,
suspend services and withhold deliverables until all amounts due are paid.
(b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant's
invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment.
(c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt
of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. If
the Client objects to only a portion of the invoice, payment for all other portions remains due.
(d) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its
reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses
shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its
employees.
(e) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant
may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to
have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt
and without prejudicing any right of the Consultant to collect additional amounts from the Client.
(5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services
described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement.
They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project
or on any other project. Any modifications by the Client to any of the Consultant's documents, or any reuse of the
documents without written authorization by the Consultant will be at the Client's sole risk and without liability to the
Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses
and expenses, including but not limited to attorneys' fees, resulting therefrom. The Consultant's electronic files and
source code remain the property of the Consultant and shall be provided to the Client only if expressly provided for in
this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the
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Client, and use of them
is at the Client's sole risk. In the case of
any defects in the electronic files or any discrepancies
between them
and the
hardcopy of the
documents prepared
by
the Consultant, the hardcopy shall govern.
(6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services
furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered
as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment
as a professional familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or
actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost,
it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation
established by the Client will be paid for as Additional Services.
(7) Termination. The obligation to provide further services under this Agreement may be terminated by either party
upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the
terms hereof, or upon thirty days' written notice for the convenience of the terminating party. The Consultant shall be
paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses
incurred by the Consultant as a result of such termination.
(8) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and skill
ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services
are provided. No warranty, express or implied, is made or intended by the Consultant's performance of services, and
it is agreed that the Consultant is not a fiduciary with respect to the Client.
(9) LIMITATION OF LIABILITY. IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE
PROJECT TO THE CLIENT AND THE CONSULTANT, THE RISKS ARE ALLOCATED SUCH THAT, TO THE
FULLEST EXTENT ALLOWED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
AGREEMENT OR THE EXISTENCE OF APPLICABLE INSURANCE COVERAGE, THAT THE TOTAL LIABILITY, IN
THE AGGREGATE, OF THE CONSULTANT AND THE CONSULTANT'S OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AND SUBCONSULTANTS TO THE CLIENT OR TO ANYONE CLAIMING BY, THROUGH OR UNDER THE
CLIENT, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES WHATSOEVER ARISING OUT OF OR IN
ANY WAY RELATED TO THE SERVICES UNDER THIS AGREEMENT FROM ANY CAUSES, INCLUDING BUT NOT
LIMITED TO, THE NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIABILITY OR BREACH OF
CONTRACT OR ANY WARRANTY, EXPRESS OR IMPLIED, OF THE CONSULTANT OR THE CONSULTANT'S
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS, SHALL NOT EXCEED TWICE THE
TOTAL COMPENSATION RECEIVED BY THE CONSULTANT UNDER THIS AGREEMENT OR $50,0005
WHICHEVER IS GREATER, HIGHER LIMITS OF LIABILITY MAY BE NEGOTIATED FOR ADDITIONAL FEE, THIS
SECTION 9 IS INTENDED SOLELY TO LIMIT THE REMEDIES AVAILABLE TO THE CLIENT OR THOSE CLAIMING
BY OR THROUGH THE CLIENT, AND NOTHING IN THIS SECTION 9 SHALL REQUIRE THE CLIENT TO
INDEMNIFY THE CONSULTANT.
(10) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any
consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.
(11) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other
consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with
the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the Client's
decision to obtain bids or proceed with construction before the Consultant has issued final, fully -approved plans and
specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully
approved and all permits obtained.
(12) Certifications. All requests for the Consultant to execute certificates, lender consents, or other third -party reliance
letters must be submitted to the Consultant at least 14 days prior to the requested date of execution. The Consultant
shall not be required to execute certificates, consents, or third -party reliance letters that are inaccurate, that relate to
facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable
rules of professional responsibility.
(13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first
to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. Any
mediation or civil action by Client must be commenced within two years of the accrual of the cause of action asserted
but in no event later than allowed by applicable statutes.
(14) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, arranger,
contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to
analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal,
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or remediation. The Consultant will notify the Client of unanticipated hazardous substances or conditions of which the
Consultant actually becomes aware. The Consultant may stop affected portions of its services until the hazardous
substance or condition is eliminated.
(15) Construction Phase Services.
(a) If the Consultant prepares construction documents and the Consultant is not retained to make periodic site visits,
the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client
waives any claims against the Consultant in any way connected thereto.
(b) The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice
and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or
responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring
to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to
the construction documents prepared by the Consultant. Consultant neither guarantees the performance of
contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract
documents.
(c) The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly
provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor
shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client
and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant
shall be made additional insureds under the contractor's general liability insurance policy.
(16) No Third -Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits
to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights
under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the
written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it
deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the
Consultant will maintain the agreed -upon billing rates for services identified in the contract, regardless of whether the
services are provided by in-house employees, contract employees, or independent subconsultants.
(17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project
and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its
services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential,
the Consultant shall use reasonable care to maintain the confidentiality of that material.
(18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Texas. This Agreement
contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous
negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section
1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any
conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly
rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of
such unenforceability without invalidating the remaining provisions. The non -enforcement of any provision by either
party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the
remainder of this Agreement.
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