Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Consultant Contract Rimrock Corporation
Page 1of1 I Carol Cotter -Approved Contract 05-210 From: Gina Parzyck To: Carol Cotter Date: 6/28/2005 3:58 PM Subject: Approved Contract 05-210 CC: Alan Degelrnan The contract for the below referenced has been approved. If you have not already done so, please enter a purchase requisition for this. The buyer will be forwarding a copy of the approved contract to you soon. If you have any questions, please feel free to call or email me. Project Name: Impact Fee Update Name of Contractor: Rimrock Consulting Company Contract Amount: $42,600.00 Contract Number: 05-210 Project Number: WF0622045/001 Thanks ! Gina Parzyck Finance Secretary City of College Station Ph: 979/764-3555 Fax: 979/764-3899 Email: gparzyck@cstx.gov .. file://C:\Documents%20and%20Settings\ccotter\Local%20Settings\Temp\GW}00001 .HTM 7/6/2005 Item Submitted B : Director A roval: CONTRACT NO. 05 -2 \0 Date: tfi -~ -o') Date:~ ( Date:S) Date: 0 -~ -D 5 6-27~os Date: CHANGE ORDER NO.: ---- PROJECT NAME: Tt--t?A;C..\ ~[? \J?'Df\TE:. PROJECT NO.:VJf1)c,uoq') /to\ ~L1\~~ ())M..?A~ CONTRACT AMO ITB RENEWAL ------ CRC Approval Date (if required): ____ _ Dept. Rep~~tative/Extension '-;U) Finance Review: Insurance Certificateff Performance Bond: N/ A Payment Bond: /J { ~ ~------~ (REQUIRED: l~nithra{~g aOpc\vmtnitial) DESCRIPTION {should include summary of purchase request and background information) H'-o~ec+ LU~ I l U~-k ~\~~ LC'CL~ ~ ~ \ ~~ .(e.e__ ~) t'fDV~ 5~ o<\~t.>l\ ~ l~ ~, .~ t"~-c_ °'-- £;;-ro.-;,bil'1~ o...rcl~lS OY'I Cl..~\.("{' ~-w\<4 l~ ~ · BUDGETARY and FINANCIAL INFORMATION (should include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ~is ll ~Wet W ~s'Sl~ Su-via_s SD ba.~ ~e, rot a.pp.t~· l"fYu_~ '3ou.Il'.!L ~ -\W ~ \S Wfa.;z,UAS}CPI ~ -1\ L.\-i,lot:O .ro. SUPPORTING MATERIALS: CONSULTANT CONTRACT This Contract is by and between the City of College Station, a Texas Municipal Home- Rule Corporation (the "City") and Rimrock Consulting Company , a Texas Corporation (the "Consultant"), whereby Consultant agrees to perform and the City agrees to pay for the work described herein. ARTICLE I 1.01 This Contract is for Impact Fee Update, Staff Orientation, and Feasibility Analysis (the "Project"). The scope and details of the work to be provided to the City by Consultant are set forth in Exhibit "A" to this Contract and are incorporated as though fully set forth herein by reference. Consultant agrees to perform or cause the performance of all the work described in Exhibit" A." 1.02 Consultant agrees to perform the work described in Exhibit "A" hereto and the City agrees to pay Consultant a fee based on the rates set forth in Exhibit "B" to this Contract for the services performed by Consultant. The invoices shall be submitted to the City following the 15th day and the last day of each month. The payment terms are net payable within thirty (30) calendar days of the City's receipt of the invoice. Upon termination of this Contract, payments under this paragraph shall cease, provided, however, that Consultant shall be entitled to payments for work performed in accordance with this Contract before the date of termination and for which Consultant has not yet been paid. 1.03 The total amount of payment, including reimbursements, by the City to Consultant for all services to be performed under this Contract may not, under any circumstances, exceed Forty-two thousand six hundred dollars ($ 42,600.00 ). 1.04 Written change orders may be approved by the City Manager or his delegate provided that the change order does not increase the amount set forth in paragraph 2 of this Contract by more than five percent (5% ). Changes in excess of this amount must be approved by the City Council prior to commencement of the services or work. Any request by the Consultant for an increase in the Scope of Services and an increase in the amount listed in paragraph two of this Contract shall be made and approved by the City prior to the Consultant providing such services or the right to payment for such additional services shall be waived. If there is a dispute between the Consultant and the City respecting any service provided or to be provided hereunder by the Consultant, including a dispute as to whether such service is additional to the Scope of Services included in this Contract, the Consultant agrees to continue providing on a timely basis all services to be provided by the Consultant hereunder, including any service as to which there is a dispute. Page 1 CRC 3/16/00 Contract No. Cf5 -Z (0 moj\c:\backup\prop\p05-0002 college station impact fees contract final.doc 514105 1.05 Except as provided in Article VI hereinbelow, the Consultant shall complete all of the work described in Exhibit "A" by the dates set forth below. Twelve (12) months from Notice to Proceed. 1.06 Time is of the essence of this Contract. The Consultant shall be prepared to provide the professional services in the most expedient and efficient manner possible in order to complete the work by the times specified. 1.07 At any time, the City may terminate the Project for convenience, in writing. At such time, the City shall notify Consultant, in writing, who shall cease work immediately. Consultant shall be compensated for the services performed. In the event that the City terminates this Contract for convenience, the City shall pay Consultant for the services performed and expenses incurred prior to the date of termination. 1.08 Consultant promises to work closely with the City Manager or his designee (the "Project Manager") or other appropriate City officials. Consultant agrees to perform any and all Project-related tasks reasonably required of it by the City in order to fulfill the purposes of the work to be performed. The work of Consultant under this Contract may be authorized by the Project Manager in various phases as set forth in Exhibit "A." 1.09 In all activities or services performed hereunder, the Consultant is an independent consultant and not an agent or employee of the City. The Consultant, as an independent consultant, shall be responsible for the final product contemplated under this Agreement. Except for materials furnished by the City, the Consultant shall supply all materials, equipment and labor required for the execution of the work on the Project. The Consultant shall have ultimate control over the execution of the work under this Contract. The Consultant shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subconsultants, and the City shall have no control of or supervision over the employees of the Consultant or any of the Consultant's subconsultants except to the limited extent provided for in this Contract. Consultant shall be liable for any misrepresentations. Any negotiations by the Consultant on the City's behalf are binding on the City only when within the scope of work contained herein and approved by the City. ARTICLE II 2.01 The City shall direct Consultant to commence work on the Project by sending Consultant a "letter of authorization" to begin work on the Project. 2.02 Upon receipt of the letter of authorization to begin work on the implementation of the Project, Consultant shall meet with the City for the purpose of determining the nature of the Project, including but not limited to the following: meeting with the City's staff to coordinate Project goals, schedules, and deadlines; coordinating data collection; briefing the City's Page2 CRC 3/16/00 Contract No. D5 "2.tO moj\c:\backuplprop\p05-0002 college station impactfees contract.final.doc 514105 management staff; documenting study assumptions and methodologies; devising the format for any interim reports and the final report to the City. 2.03 Consultant shall consult with the City and may, in some limited circumstances, act as the City's representative, but it is understood and agreed by the parties that for all purposes related to this Contract, Consultant shall be an independent consultant at all times and is not to be considered either an agent or an employee of the City. ARTICLE ID 3.01 As an experienced and qualified professional, Consultant warrants that the information provided by Consultant reflects high professional and industry standards, procedures, and performances. Consultant warrants the design, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel, the fitness and operation of its recommendations, and the performance of other services under this Contract, pursuant to a high standard of performance in the profession. Consultant warrants that it will exercise diligence and due care and perform in a good and workmanlike manner all of the services pursuant to this Contract. Approval or acceptance by the City of any of Consultant's work product under this Contract shall not constitute, or be deemed, a release of the responsibility and liability of Consultant, its employees, agents, or associates for the exercise of skill and diligence necessary to fulfill Consultant's responsibilities under this Contract. Nor shall the City's approval or acceptance be deemed to be the assumption of responsibility by the City for any defect or error in the Project's work products prepared by Consultant, its employees, associates, agents, or subconsultants. 3.02 Consultant shall keep the City informed of the progress of the work and shall guard against any defects or deficiencies in its work. 3.03 Consultant shall be responsible for using due diligence to correct errors, deficiencies or unacceptable work product. Consultant shall, at no cost to the City, remedy any errors, deficiencies or any work product found unacceptable, in the City's sole discretion, as soon as possible, but no longer than fifteen (15) calendar days after receiving notice of said errors, deficiencies or unacceptable work product. 3.04 Consultant's work product shall be the exclusive property of the City. Upon completion or termination of this Contract, Consultant shall promptly deliver to the City all records, notes, data, memorandum, models, and equipment of any nature that are within Consultant's possession or control and that are the City's property or relate to the City or its business. Page3 CRC 3/16/00 Contract No. c&-2. lO moflc:\backup\proplp05-0002 college station impact fees contract final.doc 514105 ARTICLE IV 4.01 Indemnification. Consultant agrees to and shall indemnify and hold harmless and def end the City, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of, or in connection with the work done by Consultant under this Contract. In the event of personal injury to or death of Consultant' employees, such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits or liability arise in whole or in part from the negligence of the City. Such indemnity shall not apply, however, to liability arising from the personal injury, death, or property damage of persons other than the Consultant or its employees where such liability is caused by or results from the negligence of the City. 4.02 Consultant assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either of the parties hereto or other third parties) and any loss of or damage to property (whether property of either of the parties, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with Consultant's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and regardless of whether such loss, damage, injury, or death was caused in whole or in part by the negligence of the City. ARTICLEV Insurance 5.00 The Consultant shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, volunteers, employees or subconsultants. The policies, limits and endorsements required are as set forth on Exhibit "C". ARTICLE VI 6.01 At any time, the City may terminate the Project for convenience, in writing. At such time, the City shall notify Consultant, in writing, who shall cease work immediately. Consultant shall be compensated for the services performed. In the event that the City terminates this Contract for convenience, the City shall pay Consultant for the services performed and expenses incurred prior to the date of termination. Page4 CRC 3/16/00 Contract No. OS -ZlO mof\c:\backuplproplp05-0002 college station impact fees contract.final.doc 514105 6.02 No term or provision of this Contract shall be construed to relieve the Consultant of liability to the City for damages sustained by the City or because of any breach of contract by the Consultant. The City may withhold payments to the Consultant for the purpose of setoff until the exact amount of damages due the City from the Consultant is determined and paid. ARTICLE VII 7.01 This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 7.02 Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: City: City of College Station Attn: Carol Cotter P.O. Box 9960 College Station, Texas 77842 Consultant: Rimrock Consulting Company Attn: Mickey Fishbeck P.O. Box 163643 Austin, TX 78716 7.03. Consultant, its employees, associates or subconsultants shall perform all the work hereunder. Consultant agrees that all of its associates, employees, or subconsultants who work on this Project shall be fully qualified and competent to do the work described hereunder. Consultant shall undertake the work and complete it in a timely manner. 7.04 The Consultant shall comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control Act (IR.CA). The Consultant may not knowingly obtain the labor or services of an unauthorized alien. The Consultant, not the City, must verify eligibility for employment as required by IRCA. 7.05 No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. Page 5 CRC 3/16/00 Contract No. D~ -Z l 0 moj\c:\backup\prop\p05-0002 college station impact fees contract.final.doc 514105 7.06 This Contract and all rights and obligations contained herein may not be assigned by Consultant without the prior written approval of the City. 7.07 If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 7.08 This Contract represents the entire and integrated agreement between the City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 7.09 The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. 7 .10 This Contract will be effective when signed by the last party whose signing makes the Contract fully executed. RIMROCK CONSUL TING COMP ANY By: f1v:~ FjUJ.i<_..µ Printed N~~, c. !'J0t R's ~('_ Title: Y~~~ Date: S-Lf--0 CRC 3/16/00 ContractNo. Cf5-Z.l0 Page 6 mofa::\backup\prop\p05-0002 college station impactfees contract.final.doc 514105 CITY OF COLLEGE STATION Page 7 CRC 3/16/00 Contract No. Cf5-z 10 moflc:\backup\prop\p05-0002 college station impactfees contractjinal.doc 514105 t .. 21-os- Date Date CRC 3/16/00 ~ l Contract No. u J -I 0 Exhibit "A" Scope of Services Page 8 moj\c: \backuplprop\p05-0002 college station impact fees contract final.doc 514105 RIM ROCK PROPOSED SCOPE OF SERVICES TO UPDATE WATER AND WASTEWATER IMPACT FEES, PROVIDE STAFF IMPACT FEE ORIENTATION AND PERFORM A FEASIBILITY ANALYSIS FOR CITY-WIDE IMPACT FEES College Station, Texas 2222 Western Trails, Suite 103 PO Box 163643 Austin, Texas 78716 512-442-14351512-442-1436 (FAX) rimrok@earthlink.net P05-0002 PROPOSED SCOPE OF SERVICES TO UPDATE WATER AND WASTEWATER IMPACT FEES, PROVIDE STAFF IMPACT FEE ORIENTATION AND PERFORM A FEASIBILITY ANALYSIS FOR CITY-WIDE IMPACT FEES City of College Station Prepared for: City of College Station PO Box 9960 College Station, TX 77842-0960 979-764-3500 Prepared by: Rimrock Consulting Company PO Box 163643 Austin, TX 78716 512-442-1435 rimrok@earthlink.net © Rimrock Consulting Company, 2005 ~ College Station Water and Sewer Impact Fees RIM ROCK CONSULTING COMPANY PROPOSED SCOPE OF SERVICES TO UPDATE WATER AND WASTEWATER IMPACT FEES, PROVIDE STAFF IMPACT FEE ORIENTATION AND PERFORM A FEASIBILITY ANALYSIS FOR CITY-WIDE IMPACT FEES TABLE OF CONTENTS Section 1.0 INTRODUCTION ........................................................... 1 2.0 PROPOSED SCOPE OF SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2.1 SCOPING ACTIVITIES ................................................ 2 2.2 PROGRAM A: FIVE-YEAR REVIEW AND UPDATE OF EXISTING IMPACT FEES . 2 2.2.1 Coordination Activities/Advisory Committee Support .................... 2 2.2.2 Develop Planning Basis for Impact Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.2.2.1 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.2.2.2 Mapping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.2.3 Develop CIP Basis for Impact Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.2.4 Fee Calculations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.2.5 Hearing Document Preparation and Hearing Testimony .................. 4 2.2.6 Final Report and Draft Ordinance Preparation ......................... 4 2.3 PROGRAM B: STAFF ORIENTATION AND FUTURE IMPACT FEE FEASIBILITY ANALYSIS .......................................................... 4 2.3.1 Staff Orientation ................................................ 5 2.3.1.1 Meeting One: Review of Legal Context . . . . . . . . . . . . . . . . . . 5 2.3.1.2 Meeting Two: Policy Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2.3.1 .3 Meeting Three: Rate Credits and the Equity Residual Approach to Fee Calculation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2.3.1.4 Meeting Four: Administrative Instruments ................ 7 2.3.1.5 Meeting Four: Fee Administration . . . . . . . . . . . . . . . . . . . . . . . 8 2.3.2 Feasibility Analysis for City-Wide Impact Fees . . . . . . . . . . . . . . . . . . . . . . . . . 8 2.3.2.1 Assessment of Existing Data for City-wide Impact Fees ...... 8 2.3.2.2 Consistency with Other Planning Documents . . . . . . . . . . . . . . 9 2.3.2.3 Administrative Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.3.2.4 Potential Revenues and Cost Effectiveness ............... 9 2.3.2.5 Equity Considerations (Rate Impacts) . . . . . . . . . . . . . . . . . . . . 9 2.3.2.6 Implementation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 O 2.3.2.7 Presentations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2.4 DELIVERABLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3.0 ESTIMATED COST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 College Station Water and Sewer Impact Fees RIMROCK CONSULTING COMPANY PROPOSED SCOPE OF SERVICES TO UPDATE WATER AND WASTEWATER IMPACT FEES, PROVIDE STAFF IMPACT FEE ORIENTATION AND PERFORM A FEASIBILITY ANALYSIS FOR CITY-WIDE IMPACT FEES 1.0 INTRODUCTION Rimrock Consulting Company (RCC) is pleased to submit for your review and consideration its proposed scope of professional consulting services to update existing water and wastewater impact fees, provide staff impact fee orientation and perform a feasibility analysis for potential City-wide impact fees. We are committed to providing critical services to the City of College Station. We recognize the challenges involved with coordinating engineering, legal and utility professionals in the technical aspects of the work, as well as in the necessity for a comprehensive public involvement process to ensure community support for the adopted fees. We look forward to building on earlier impact fee feasibility work and existing impact fee studies to provide College Station with a an effective impact fee program. 1 c.11 C:ge Station Water and Sewer Impact Fees RIMROCK CONSULTING COMPANY 2.0 PROPOSED SCOPE OF SERVICES 2.1 SCOPING ACTIVITIES As a part of the scope, the Consultant has met with designated City officials to finalize the scope of work, establish a schedule responsive to the scope and finalize the project budget. Among the topics addressed have been work products, number of desired meetings with the Advisory Committee and Staff, number of planned public hearings, adequacy of existing City data regarding land use (growth projections) and CIP, number of report copies desired, and other pertinent topics which effect the schedule and cost of the project. This proposal addresses two programs of work: Program A is an immediate update of existing impact fees under the five-year review requirement; and Program B includes staff training and feasibility analyses for future impact fee programs. These programs would be performed concurrently. Although earlier impact fee studies have been performed and earlier work will be utilized to the extent possible, this proposal assumes that the basis of the City's impact fee programs (in the Program A update) is to be fully reviewed. If a lesser scope becomes necessary due to earlier work performed, Consultant fees will be adjusted accordingly. The Consultant is prepared to begin work immediately upon finalization of the scoping activities and receipt of notice to proceed. 2.2 PROGRAM A: FIVE-YEAR REVIEW AND UPDATE OF EXISTING IMPACT FEES The City currently has several small-area impact fees which need to be reviewed and possibly updated under requirements of Chapter 395 of the Texas Local Government Code. This effort would bring all fees into compliance with State law to provide for uninterrupted program application in each area. However, at the conclusion of the feasibility analysis in Program B, these impact fee areas may be reviewed again for inclusion in a broader impact fee program which is not a part of this scope. 2.2.1 Coordination Activities/Advisory Committee Support A considerable amount of the effort in a Chapter 395 compliance program is directed toward coordination activities which are required by the legislation. This scope does not anticipate a full review of impact fee issues with Advisory Committee at this time, but rather a routine update to remain in compliance with State law. Thus the costs related to Advisory Committee interaction are limited compared to what would be involved for a more expansive impact fee effort or the development of a new fee. The Consultant has a considerable amount of the study report and coordination materials developed and readily adaptable for College Station with little effort, and thus little expense to the City. In addition to the fee update report itself, the Consultant will also provide meeting handouts, agendas for advisory committee meetings, presentation for the public hearing, resolutions ordinance revisions, and other materials to proceed through the public coordination process smoothly. Because these materials and products are 2 <•d C:ge Station Water and Sewer Impact Fees RIMROCK CONSULTING COMPANY already substantially developed, the City benefits from both the proven effectiveness of these resources and the reduction in costs related to program development. 2.2.2 Develop Planning Basis for Impact Fees 2.2.2.1 General The Consultant will review planning documents of the City and organize planning data in an appropriate manner for fee calculation. The Consultant will also utilize service demand data to develop the required unit usage standards for CIP development. Every effort will be made to use existing planning documents; however, if it should be determined that existing planning documents need to be significantly adjusted or supplemented, the Consultant will do so with prior City approval on an additional time-and-materials basis, with appropriate adjustments to the study schedule. It is our understanding that the City will be able to provide current land use and engineering information for use in the study. 2.2.2.2 Mapping In addition to tabular planning documents, the Consultant will direct Staff in the development of proper map materials suitable for use in the study, including those for public notice, public hearings and reporting. 2.2.3 Develop CIP Basis for Impact Fees Rim rock personnel will coordinate with the City's engineering staff to provide guidance in the development of CIP documents required by the impact fee studies for water and wastewater. Using unit usage statistics and the facility inventory/GIP provided by Staff, RCC will compare the projected water and wastewater utility demands to available excess capacity to identify future utility needs for new customers. Appropriate facility costs and unit costs of new capacity will then be estimated by RCC. The proposed completed CIP will be reviewed with Staff and the Advisory Committee prior to fee calculation. 2.2.4 Fee Calculations The Consultant will prepare calculations of the maximum allowable impact fees based upon planning, unit usage, facility inventory and CIP data. This calculation will also include a consideration of current indebtedness of the City (that is manifested in monthly rate payments or property tax payments) and credits or offsets required either by Chapter 395 or constitutional precedent. Recommendations will be prepared regarding the amount of each fee and implementation of any policy which deviates from maximum fee collection. 3 Ct./J c:ge Station Water and Sewer Impact Fees RIMROCK CONSULTING COMPANY 2.2.5 Hearing Document Preparation and Hearing Testimony Although this proposal assumes a full technical treatment of impact fee issues, the City is performing an impact fee "update" study rather than an initial study, under State law. Consequently, the City Council will be faced with two options after the completion of the technical review. It can either: ' Conduct a public hearing on any changes which need to be made to the assumptions (land use, population projections, CIP, fee amount, etc.) included in earlier fee studies and make corresponding ordinance adjustments; or ' Make a finding that no update is necessary and publish public notice to that effect. This proposal assumes that a public hearing will be necessary. However, if it is the finding of the City, after a thorough review of impact fee procedures, that no update is necessary, the Consultant's cost will be reduced accordingly. As necessary, the Consultant will prepare reports and other materials necessary for the public hearing and the Consultant will attend and testify at the hearing. Rimrock will provide the City with the various administrative instruments necessary for successful conduct of the public hearing: a resolution calling for the hearing; text for the public notice and instructions for the newspapers to ensure proper notification compliance; and preparation of an original information packet for the City's use in responding to public information requests. (Although the Consultant will provide the City with original copies of the necessary notification materials, this scope of services assumes that the City will be responsible for timely public notice, the required certified mail notice to interested parties, and distribution of information to the public, with Consultant guidance.) Alternatively, if no hearing is required, Rimrock will prepare a resolution finding that no update is necessary and prepare the text and instructions for public notice of such finding. 2.2.6 Final Report and Draft Ordinance Preparation Subsequent to the public hearing, if any, RCC will revise the study report, if necessary, responsive to any changes arising out of the public process. During the conduct of the Advisory Committee process, RCC will assist City Staff and Attorney in the revision of the City's impact fee ordinance for timely consideration by the City Council. A draft of revisions to the impact fee ordinance will be presented to the City electronically, for submission to the City's attorney for review and finalization. Depending on progress on the work in Program B, that revision may include changes recommended during the Program B review; otherwise, the ordinance will only make changes relative to changes in fee amounts, with more extensive revisions, if appropriate, to follow Program B work. 4 c.11 C:;;;ge Station Water and Sewer Impact Fees RIMROCK CONSULTING COMPANY 2.3 PROGRAM B: STAFF ORIENTATION AND FUTURE IMPACT FEE FEASIBILITY ANALYSIS Concurrent with Program A work, Rim rock will provide Staff with an orientation to impact fees and program alternatives. As a part of this orientation, the Consultant will explore various possible policy approaches to impact fees, review the current impact fee ordinance, examine various feasibility issues relative to potential City-wide impact fees, and develop a work plan for future impact fee programs. 2.3.1 Staff Orientation Staff members will be provided with loose-leaf notebooks that include all the materials for the orientation. (This will be the same material that will be included in notebooks for Advisory Committee members should the City decide to proceed with a more expansive impact fee program in a future work effort.) The Consultant will present each chapter of the notebook during a meeting of appropriate staff members, together with a slide presentation. The topics to be covered in Staff Orientation are discussed below. 2.3.1.1 Meeting One: Review of Legal Context First, the Consultant will provide the City with a short review of the legal context of fee development, including both the specific requirements of Chapter 395 and broader constitutional requirements as determined by case law history. This will provide a context for understanding the parameters of alternatives available to the City in its program. Included in this review will be the following topics: NATIONAL/CONSTITUTIONAL CONTEXT t Impact Fees in the National Context of Subdivision Regulation t Tests of Validity (From History of Case Law) t Key Legal Issues such as Fees vs. Taxes; Rational Nexus; Takings Issues; Due Process; Apportionment of Costs SPECIFIC REQUIREMENTS OF CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE ' Definition of Impact Fees ' Applicability t Cost-of-Service Basis t Service Area Definition t Projections of Future Land Use and Population Growth t Disaggregation of Costs for Existing and Future Customers t Unit Cost Calculations t Fee Calculation t System-wide vs. Area-specific Fees t Facilities Which Can be Included in the Fee Base t Proportionality ' Rational Nexus t Timing of Fee Assessment and Collection 5 C.I/ C:ge Station Water and Sewer Impact Fees RIMROCK CONSULTING COMPANY ' Grandfathering Provisions ' Use of Funds ' Refunds ' Public Process ' Fee Updates 2.3.1.2 Meeting Two: Policy Issues While much of the process for developing impact fees is proscribed in Chapter 395, there are various policy areas where the City has discretion. Those areas will be explored through a slide presentation and text material for staff. Topics included will be: ' System-wide vs. Area-Specific Fees ' Specific Service Area Definition ' Unit Measurements/Level of Service: • Per Capita • Acreage • Building Square Footage • Operational Measures: Employment I Enrollment I Seating, etc. • Dwelling Units • Linear Feet of Road Frontage • Living Unit Equivalent (LUE) • Water Meter Size • Pipe Size • Fixture Calculations • Types of Facilities Funded by Fees • Eligibility and Application Considerations (Waivers, Exemptions, Reduced Fees, etc.) ' Level of Cost Recovery ' Fee Offset Approaches • Fire Flow Capacity As a part of this review, Rimrock will examine the City's impact fee history as a point of departure. Then, Rimrock will provide Staff with alternative approaches for impact fee development and present the pros and cons of each approach in a decision matrix format (where appropriate) which plots various policy concerns against each alternative fee approach. Following this orientation, Staff and the Consultant will jointly determine the recommended fee approach for the City, which will ultimately be presented to the Advisory Committee and City Council. 2.3.1.3 Meeting Three: Rate Credits and the Equity Residual Approach to Fee Calculation Chapter 395 requires that the calculation of an impact include: 6 '•I/ C:ge Station Water and Sewer Impact Fees RIMROCK CONSULTING COMPANY a plan for awarding: ' a credit for the portion of ad valorem tax and utility service revenues generated by new service units during the program period that is used for the payment of improvements, including the payment of debt, that are included in the capital improvements plan; or ' in the alternative, a credit equal to 50 percent of the total projected cost of implementing the capital improvements plan. (§ 395.014) The Consultant will present the Equity Residual approach to the first option above, which mitigates inequities between feepayers and existing customers. That discussion will present: ' Conceptual Methodology ' Data Requirements ' Advantages and Disadvantages Relative to the 50% Reduction Option 2.3.1.4 Meeting Four: Administrative Instruments A variety of administrative instruments and study exhibits is required to complete an impact fee program. Copies of sample instruments will be included in the study notebook and their use will be discussed. These include: ' Chapter 395 Text ' Procedural Rules for the Advisory Committee ' Agendas for Advisory Committee Meetings During Fee Development ' Policy Issue Worksheet for Committee ' Resolution Calling for Public Hearing On Land Use Assumptions and GIP ' Resolution Calling for Public Hearing on Impact Fees ' Resolution Approving Land Use Assumptions and GIP ' Public Notice Requirements ' Public Notice for Hearing on Land Use Assumptions and GIP ' Public Notice for Hearing on Adoption of Impact Fees ' Ordinance ' Compliance Letter All the instruments above, except the ordinance, will be sample documents for use or revision at a later date. (Some of them will have been used in the Program A effort.) In regard to the ordinance, a representative ordinance can be provided to the City. The Consultant will conduct a review of the current City ordinance and make recommendations about revisions that might enhance the ordinance. Staff input will be essential for this; staff will provide anecdotal information about any difficulties or unforeseen situations which have arisen with the current ordinance. While some specific changes may be recommended during the orientation process, it is likely that other changes will be needed if the City decides to proceed with a City-wide impact fee program. If the City does decide to impose a 7 ~ College Station Water and Sewer Impact Fees RIMROCK CONSULTING COMPANY City-wide impact fee program, appropriate ordinance changes relative to that program would have to be provided as a part of the scope of work for that program, which is not a part of this proposal. 2.3.1.5 Meeting Four: Fee Administration The City may need to adjust its record-keeping procedures to store necessary information for future reference. The Consultant will provide the City with a list of the types of data it will need to keep to meet legal requirements. Requirements for fund segregation and administration over an extended period of time will be discussed. Depending on local circumstances and the level of fees collected, the City may wish to develop a plan for application of collected fees to maximize fee impact on reducing future capital costs and on utility rates/property taxes. The Consultant will provide the City of College Station with a recommended priority approach to expending the impact fee monies that will meet the regulatory requirements of Chapter 395 and maximize the usefulness of these fee proceeds to the City. 2.3.2 Feasibility Analysis for City-Wide Impact Fees Concurrent with Staff orientation activities, the Consultant will update various components of the City's 1995 Water and Wastewater Impact Fee Feasibility Study. This study would examine the feasibility of City- wide impact fees from several perspectives: ' Adequacy of Data for Technical Fee Development ' Consistency with City's Overall Planning Regime ' Administrative Costs t Revenues and Cost Effectiveness t Equity (Rate Impacts) 2.3.2.1 Assessment of Existing Data for City-wide Impact Fees The first task of the Consultant will be to enumerate the types of data which would be required to perform City-wide impact fee technical studies and to determine whether existing or forthcoming documents are sufficient for performing valid impact fee programs. Various types of data will be collected from City Staff and from other readily available sources. In addition, the Consultant will coordinate with identified City consultants who are currently working on related projects to determine the nature of the data which will be available upon completion of their respective studies. An evaluation of available information will be presented in tabular form and in text discussion. The types of data to be evaluated may include: t Current In-City and ET J Land Uses t Current and Projected Population Figures for City and ET J ' Average Historical Customer Counts for Each Utility 8 C.:ll C:ge Station Water and Sewer Impact Fees RIMROCK CONSULTING COMPANY ' Historical Data on Water Gallons Treated and Billed ' Historical Data on Wastewater Gallons Treated ' Water Meter Count by Size ' Defined Unit Usage Standards, by Facility Type for Each Utility ' Inventory Data, as Required by Chapter 395, on Existing Facilities ' CIP Inventory Data for Future CIP ' Outstanding Debt, by Facility Type Collection of this data at this time will be useful for actual City-wide impact fee development, thus this effort will reduce the cost of the actual impact fee study when it occurs and will shorten the study schedule from what it would have been otherwise. 2.3.2.2 Consistency with Other Planning Documents The Consultant will review the current comprehensive plan documents and existing impact fee documents to determine if there are any supporting policies or documents or any impediments to development of a City-wide fee program. 2.3.2.3 Administrative Costs With assistance from Staff, the Consultant will develop a table of likely administrative costs, including such elements as: ' Current Training and Feasibility Study Activities ' Engineering for Original Fee Study and Update ' Fee Consultant Services for Original Fee Study and Update ' Legal Notices for Original Study and Update ' Staff Labor Costs for Administration (To Be Provided by City) 2.3.2.4 Potential Revenues and Cost Effectiveness Based on growth projections provided by the City and a range of typical fee amounts, the Consultant will calculate the amount of potential revenues that could be generated over a ten-year fee program. Three representative fee amounts for each utility will be chosen in concert with staff (low, medium and high fees), as determined from an inventory of fees from no more than 20 other comparable Texas cities. The projected revenues will be compared to the expected administrative costs to determine cost effectiveness. To the extent that future CIP information is available, potential fee revenues will also be compared to likely Cl P expenditures (or debt service payments) during the next ten years as a measure of likely effectiveness in funding capital costs. 9 College Station Water and Sewer Impact Fees RIMROCK CONSULTING COMPANY 2.3.2.5 Equity Considerations (Rate Impacts) Using existing information on anticipated CIP and future debt, provided by the City, the Consultant will anticipate the level of annual debt service, for each utility, for the next ten years with and without projected impact fee revenues. These projections will be converted into a projected cost per 1, 000 gallons of service reflected in utility rates. This will provide a picture of the relative rate impacts of City-wide fees at various levels compared to likely rates with no impact fee revenues offsetting rates. The Consultant will also review City wholesale service contracts, if any, to identify equity impacts that might arise if those contracts do not provide for impact fee charges. The Consultant will also recommend mitigation approaches to alleviate such inequities, if any. 2.3.2.6 Implementation Plan The Consultant will develop an implementation plan and schedule, presented in tabular schedule form, for implementing a City-wide impact fee. This will be accompanied by a text discussion of the steps required to initiate and enact such a fee program. 2.3.2. 7 Presentations The feasibility study report will be presented to City Staff for review. The Staff will then set up meetings with the City Manager, Planning and Zoning Commission (Advisory Committee) and City Council. The Consultant will attend each meeting and present the results of the study, as desired. Also presented will be recommendations arising out of Staff orientation, including recommendations about various policy decisions and rate credit approach. 2.4 DELIVERABLES The Consultant will deliver to the City: PROGRAM A: IMMEDIATE UPDATE OF EXISTING FEES ' Two Meetings with Staff for Data Collection and Other Project Coordination ' Two Meetings with the Impact Fee Advisory Committee • General Orientation, with Input from Committee • Presentation of Update Study ' Ten Impact Fee Update Reports ' Draft Resolution to Set Hearing (if Necessary) ' Public Notice Text ' Ordinance Revisions Relative to the Update, or Resolution Finding No Update Necessary, as Appropriate ' Original Public Information Packet for Public (if Necessary) 10 C...11 C:ge Station Water and Sewer Impact Fees RIMROCK CONSULTING COMPANY t One workshop presentation for the City Council regarding the impact fee study and recommendations. t Testimony at one City Council hearing (if Necessary) t Draft of Compliance Letter PROGRAM B: STAFF ORIENTATION AND FEASIBILITY STUDY t Two Meetings with Staff for Data Collection and Other Project Coordination t Ten loose leaf impact fee orientation notebooks t Ten bound copies of City-wide impact fee feasibility study, plus one unbound copy t Five Staff orientation meetings • Review of Legal Context • Policy Issues • Rate Credits and Equity Residual Approach to Fee Calculation • Administrative Instruments and Fee Administration • Feasibility Study for City-Wide Impact Fees t Inventory of Impact Fees of Comparable Texas Cities (Maximum of 20) t Recommended Changes to Impact Fee Ordinance t Three Meetings to Discuss City-Wide Impact Fee Feasibility • City Manager • Planning and Zoning Commission • City Council 11 Exhibit "B" Payment Terms Payment is a fixed fee in the amount listed in Article II of this Contract. This amount shall be payable by the City pursuant to the schedule listed below and upon completion of the services and written acceptance by the City. Schedule of Payment for each phase: Page9 CRC 3/16/00 Contract No. Cf5 -ZtO moflc:\backuplproplp05-0002 college station impact fees contract final.doc 514105 (iJ..I/ C:ge Station Water and Sewer Impact Fees RIMROCK CONSULTING COMPANY 3.0 ESTIMATED COST Rimrock proposes to conduct the immediate updates of existing water and sewer impact fees for an estimated study cost of $12,200. If the study finds that no update is required, the estimated cost would be $11 ,200. Rimrock proposes to conduct the staff orientation for an estimated study cost of $14,300, with the five- meeting approach described above. For your consideration, you may elect to replace the five meetings with a single all-day workshop, bringing the estimated cost to $10,200. Rimrock proposes to conduct the feasibility study for an estimated study cost of $16, 100. Much of the information developed in the feasibility study will be useful for a City-wide impact fee, should the City decide to proceed with that. You may elect to replace the three workshop meetings with a single workshop, bringing the estimated cost to $15,000. The above cost estimates assume ready availability of data from the City and/or its other consultants; timely response by City representatives and consultants; and the specific deliverables described in Section 2.4. This scope of services is proposed on a time-and-materials basis (not to be exceeded without prior Client approval) and according to the terms of the attached Standard Rate Schedule. Billing would be made monthly based on incurred labor and nonlabor costs. 12 c.11 C:ge Station Water and Sewer Impact Fees RIM ROCK CONSUL TING COMPANY RATE SCHEDULE AND TERMS SPECIFIC TO COLLEGE STATION, TEXAS Labor: Labor costs for non-litigation work for Ms. Mickey Fishbeck, AICP , are $125 per hour. Labor costs associated with litigation and expert witness testimony are $200 per hour. These hourly costs are subject to change annually in January. Travel and Subsistence: RCC travel and subsistence expenses are invoiced at actual cost plus 5% handling. Cost for vehicle mileage is computed at the allowable rate for business mileage deduction as defined by the U.S. Internal Revenue Service. Purchased Services: RCC purchased services are invoiced at actual cost plus 5% handling. Outside purchased services would include, but are not limited to: maps and technical reports, long-distance telephone calls, subcontract services, expendable supplies, and rented or leased equipment. In-house purchased services would include reproduction/copying at 10 cents per copy. Terms: RCC invoices are submitted monthly to the Client for all services rendered and are payable "Net 30 days" or will be considered late and in default. All Client payments past thirty (30) days from date of invoice will incur a late charge as provided in Texas Government Code Section 2251 .025. In the event of default by Client, RCC reserves the right to stop work from the posted date of the written "Stop Work" notice to the Client and 30 days to cure any default. January, 2005 CRC 3/16/00 Contract No. (JS -2.LO Exhibit "C" Insurance Requirements and Certificate( s) of Insurance Page 10 mo.f.c:\backup\prop\p05-0002 college station impactfees contractftnal.doc 514105 Insurance Requirements 1. The Consultant agrees to maintain the types and amounts of insurance required in this Contract throughout the term of the Contract. The following insurance policies shall be required: (a) Commercial General Liability (b) Business Automobile Liability ( c) Workers' Compensation -waived by Risk Management ( d) Professional Liability -waived by Risk Management 2. For each of these policies, the Consultant's insurance coverage shall be primary insurance with respect to the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers, shall be considered in excess of the Consultant's insurance and shall not contribute to it. Certificates of insurance and endorsements shall be furnished to and approved by the City's Risk Manager before any letter of authorization to commence planning will issue or any work on the Project commences. No term or provision of the indemnification provided by the Consultant to the City pursuant to this Contract shall be construed or interpreted as limiting or otherwise affecting the terms of the insurance coverage. All Certificates of Insurance and endorsements shall be furnished to the City's Representative at the time of execution of this Agreement, attached hereto as Exhibit "D", and approved by the City before work commences. 3. The Consultant shall include all subconsultants as additional insureds under its policies or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein. 4. General Requirements Applicable to All Policies. (a) Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. (b) Deductibles shall be listed on the certificate of insurance and are acceptable only on a "per occurrence" basis for property damage only. ( c) "Claims made" policies will not be accepted, except for Professional Liability insurance. ( d) Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) calendar days prior written notice has been given to the City of College Station by certified mail, return receipt requested. Page 11 g~~!~! t~~ O'S -Z \0 mofic:\backup\prop\p05-0002 college station impact fees contract final.doc 514105 ( e) Upon request, certified copies of all insurance policies shall be furnished to the City. ( t) The certificates of insurance shall be prepared and executed by the insurance company or its authorized agent. Each certificate shall contain the following provisions and warranties: (a) that the insurance company is licensed and admitted to do business in the State of Texas; (b) that the insurance policy is underwritten on forms provided by the Texas State Board of Insurance or ISO; ( c) all endorsements and coverages according to the requirements of this Contract; ( d) the form of notice of cancellation, termination, or change in coverage provisions; and ( e) original endorsements affecting coverage required by this Contract. (g) The City of College Station, its officials, employees, and volunteers are to be added as "Additional Insureds" to the Commercial General Liability and Business Automobile Liability Policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, and volunteers. 5. Commercial (General) Liability requirements: (a) Coverage shall be written by a carrier with an "B+:VII" or better rating in accordance with the current Best Key Rating Guide. (b) Minimum Combined Single Limit of $1,000,000 per occurrence per project for bodily injury and property damage with a $2,000,000 annual aggregate limit. ( c) Coverage shall be at least as broad as Insurance Service's Office Number CG 00 01. ( d) No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. (e) The coverage shall include but not be limited to: premises/operations; independent contracts, products/completed operations, contractual liability (insuring the indemnity provided herein), and where exposures exist, "Explosion Collapse and Underground" coverage. (t) The City shall be named as an additional insured and the policy shall be endorsed to waive subrogation and to be primary and non contributory. 6. Business Automobile Liability requirements: (a) Coverage shall be written by a carrier with an "B+:VII" or better rating in accordance with the current Best Key Rating Guide. CRC 3/16/00 c-z Q Contract No. a~ -l Page 12 mof\c: \baclcuplproplp05-0002 college station impact fees contract final.doc 514105 (b) Minimum Combined Single Limit of $1,000,000 per occurrence for bodily injury and property damage. ( c) The Business Auto Policy must show Symbol 1 in the Covered Autos portion of the liability section in Item 2 of the declarations page. ( d) The coverage shall include owned, leased or rented autos, non-owned autos, any autos and hired autos. 7. Workers' Compensation Insurance requirements: (a) Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Consultant, the Consultant, all employees of any and all subconsultants, and all other persons providing services on the Project must be covered by a workers' compensation insurance policy: either directly through their employer's policy (the Consultant's, or subconsultant's policy) or through an executed coverage agreement on an approved TWCC form. Accordingly, if a subconsultant does not have his or her own policy and a coverage agreement is used, Consultants and subconsultants must use that portion of the form whereby the hiring consultant agrees to provide coverage to the employees of the subconsultant. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent consultant may not be used. (b) The worker's compensation insurance shall include the following terms: (i) Employer's Liability limits of $1,000,000 for each accident 1s required. (ii) "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. (iii) Texas must appear in Item 3A of the Worker's Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. (c) Pursuant to the explicit terms of Title 28, Section 110.l IO(c)(7) of the Texas Administrative Code, this Agreement, the bid specifications, this Agreement, and all subcontracts on this Project must include the terms and conditions set forth below, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Page 13 CRC 3/16/00 Contract No. o5 -2..\0 moj\c:\backup\prop\p05-0002 college station impact fees contract.final.doc 514105 CRC 3/16/00 A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the Consultant's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subconsultants" in § 406.096 [of the Texas Labor Codel) -includes all persons or entities performing all or part of the services the Consultant has undertaken to perform on the project, regardless of whether that person contracted directly with the Consultant and regardless of whether that person has employees. This includes, without limitation, independent Consultants, subconsultants, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Consultant shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401. 011 (44) for all employees of the Consultant providing services on the project, for the duration of the project. C. The Consultant must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Consultant's current certificate of coverage ends during the duration of the project, the Consultant must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. Page 14 Contract No. CfS -2,\0 moj\c:\backup\prop\p05-0002 college station impact fees contract.final.doc 514105 ' I ! ~ E. The Consultant shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven calendar days after receipt by the Consultant, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Consultant shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Consultant shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Consultant knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Consultant shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Consultant shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401. 011 ( 44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Consultant, prior to that person beginning work on the project, a certificate of coverage showing that coverage Page 15 CRC 3/16/00 Contract No. D~ -2..\ 0 mofe:\backup'prop\p05-0002 college station impact fees contract final.doc 514105 ' ' " is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Consultant, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Consultant: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. J By signing this contract, or providing, or causing to be provided a certificate of coverage, the Consultant is representing to the governmental entity that all employees of the Consultant who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- Page 16 CRC 3/16/00 Contract No. OS -Z \ 0 moflc:\backup\prop\p05-0002 college station impactfees contractftnal.doc 514105 ' ... ' insured, with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Consultant to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Consultant's failure to comply with any of these provisions is a breach of contract by the Consultant that entitles the governmental entity to declare the contract void if the Consultant does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity. 8. Professional Liability requirements: (a) Coverage shall be written by a carrier with a "B+:VII" or better rating in accordance with the current Best Key Rating Guide. (b) Minimum of $1,000,000 per occurrence and $2,000,000 aggregate, with a maximum deductible of$10,000.00. ( c) Coverage must have an Extended Reporting Period Endorsement to be maintained for two (2) years after the expiration of the term or termination of this Contract. Page 17 CRC 3/16/00 Contract No. D5 -2 l 0 mof\c: \backup\prop\p05-0002 college station impact fees contract final.doc 514105 ~-Cainty t.lJb11 lnslrait1! Co. P.O.ID<.31260 TAMPA, R 33631-3260 Verification of Insurance for PQlicy•..mr.: l&115911..t Undenritll!l lty. l'logrmve Camty Mill~ '1:uaice Co. Aprll27. 2005 ~1al 2 Robert Fishbeck and Mickey Fishbeck ~~~.f?:i.~.~.~: ........................ ~~-~~~-~---··································· .. ··················· ~-::··:· :: ... -.:··::::::: -_;;; ... :~~~~-~~th~ Co . VehKle: 2005 T~ Siema Ce,lw ViN·: .................................................................. 5IDZA23C75s28094ii ............................................ . ......................................................................................................................................................................... Uentddef: Univelsily fCll Polbt 9350 Aus1in, TX 78766 ~~:~~~~:::::::::::::::::::::::::::::::::::::::::::::9.flQ!:~~:~~:::::::::::::::::::::::::::::::::::::::::::::::::: ~9.~~~: ....................................................... ~-~-~!-~--~-~~-~! .. ~ ..................................... . ~-~~-~-~: ................................................... ~.3:?~.~---·-·······--··-·---··· ................................ . ~-~~-~-~~.~~~ ......................... ~-~ .......................................................... . (dflSion Deduclible: 250 ..................................................................................................................................................................... Crinpehensive Decb:liJle:250 If yoo have questions, ~ caR CUstmna Service. 'fl) I 'tf This certifies that CERTIFICATE OF INSURANCE 0 STATE FARM FIRE AND CASUAL TY COMPANY, Bloomington, Illinois 0 STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois 0 STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario 0 STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ~ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Policyholder Address of policyholder Location of operations Oescription of operations FISHBECK, MICKEY OBA RIMROCK CONSULTING CO 2222 WESTERN TRAILS BLVD STE 103 AUSTIN, TX 78745-1601 CONSULTING The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies i subject to all the terms, exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date : Expiration Date (at beginning of policy period) 90 -61-0515-1 L Comprehensive 07 /11/2004 ' 07/11/2005 BODILY INJURY AND Business Liability : PROPERTY DAMAGE ------------------------------rf Firociucts-:-co-m-p1eteci-operaiions---------------------------This insurance includes: D Contractual Liability Each Occurrence $1,000,000 0 Personal Injury D Advertising Injury General Aggregate $2,000,000 D D Products -Completed $ D Operations Aggregate POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date : Expiration Date (Combined Single Limit) D Umbrella . Each Occurrence $ 0 Other ' Aggregate $ ' POLICY PERIOD Part I -Workers Compensation -Statutory Effective Date : Expiration Date Workers' Compensation ' Part II -Employers Liability and Employers Liability Each Accident $ Disease - Each Employee $ Disease -Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date : Expiration Date (at beginning of policy period) : ' ' ' ' THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certificate Holder CITY OF COLLEGE STATION PO BOX 9960 COLLEGE STATION, TX 77842-0930 ATTN: CAROL COTTER 0 5-2 5 -0 5Al0:58 1n vD ,g 558-994 a.5 Rev. 11-08-2004 Printed in U.S.A. If any of the described policies are canceled before their expiration date, State Farm will try to mail a written notice to the certificate holder 30 days before cancellation. If however, we fail to mail such notice, no obligation or liability will be imposed on State Farm o its agents or representatives. Title AGENT Agent Name 04/27/05 Date Telephone Number 512-441-1082 _____ _ Agent's Code Stamp AgentCode 53-6817 AFO Code Fl21