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HomeMy WebLinkAboutOrdinance 4541NAME OF FILE: Ordinance No. 4541 Wagreement CROSS REFERENCE: Item # Date Document 1 01/30/04 memo to mayor & city council 2 draft resolution 3 12/18/03 memo to mayor & city council 4 copy of emails to Tim from Duncan & Assoc. 5 01/29/04 letter to Tim from Duncan & Assoc. 6 11/18/03 copy of Res. No. 167-03 7 12/19/03 Staff Review Form NOTES: PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND DUNCAN ASSOCIATES This Professional Services Agreement is made by and between the City of Fayetteville, a political subdivision of the State of Arkansas (City) and James Duncan and Associates, Inc., a professional corporation doing business as Duncan Associates located in Austin, Texas. WHEREAS, City desires to engage Duncan Associates to perform certain services relating to the development of impact fees for roads, fire and police facilities. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter provided, City and Duncan Associates agree as follows. 1. Scope of Agreement. Duncan Associate's relationship to City shall be that of independent contractor; at all times this relationship shall be governed by and be in strict compliance with the terms of this Professional Services Agreement. 2. Professional Services. Duncan Associates shall furnish services to City as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. 3. Deliverables and Schedule. Duncan Associates shall begin its services promptly after receipt of an executed copy of this Agreement and will complete the services and deliverables pursuant to the schedule as set forth in Exhibit "B." Times for performance shall be extended for periods of delay resulting from circumstances over which Duncan Associates has no control. 4. Compensation and Hourly Rates. For services provided by Duncan Associates as described in Exhibit "A," City shall compensate Duncan Associates monthly based upon the percent completion of individual tasks and in accordance with the fee schedule outlined in Exhibit "C." Payment of each such invoice shall be due to Duncan Associates within thirty (30) days of receipt by City. 5. Subcontracting. Any subcontractor relationships must first be approved by the City. 6. Conflict of Interest. Duncan Associates agrees that it has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner with the performance of the services hereunder. Duncan Associates further agrees that, in the performance of this Agreement, no person having any such interest shall be employed. 7. Termination. The obligation to provide further services under this Agreement may be terminated by either party upon written notice to the other party. In the event of any termination, Duncan Associates will be paid for all services rendered to date of such termination. 8. Ownership of Documents. All documents prepared in the performance of this Agreement shall be delivered to City and become the property of the City before final payment is made to Duncan Associates. 9. Amendments. No amendments or modifications of this Agreement shall be valid unless in writing and signed by each of the parties to the Agreement. 10. Venue. The laws of the State of Arkansas shall govern the construction and interpretation of this agreement. 11. Severability. Any provision in this Agreement that is prohibited or unenforceable under state or federal law shall be ineffective to the extent of such prohibitions or unenforceability, without invalidating the remaining provisions hereof. Also, the non -enforcement of any provision by either party to this Agreement shall not constitute a waiver of that provision nor shall it effect the enforceability of that provision or the remainder of this Agreement. 12. Freedom of Information Act. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Duncan Associates will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et.seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 13. Changes in Scope or Price. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. I IN WITNESS WHEREOF, City and Consultant have caused this instrument to be signed by their respective duly authorized offic�e,r�s. EXECUTED on this, the➢day of ' 2004. AND 'ASSOCIATES, INC. �5�,. B. Duncan, President EXECUTED on this, the 17 day of K�O&Uarjl 2004, by City of Fayetteville. CITY OF FAYETTEVILLE, A Municipal Corporation By: Dan Coody, Mayor Witness: Sondra Smith Fayetteville City Clerk Exhibit A SCOPE OF SERVICES Task 1: Road Impact Fee Study Update The Consultant will update and bring into compliance with the Arkansas Development Impact Fees Act (§14-56-102, Arkansas Code) the consumption -based road impact fee study provided in the previous April 2002 draft. The City will provide additional readily -available data needed by the Consultant to complete the update at no charge. A key component will be an agreed -upon set of capacity -expanding road improvements to be funded wholly or partially with the impact fees. Two drafts of the road impact fee study will be prepared. A preliminary draft will be provided for staff review. The final draft will incorporate staff comments on the preliminary draft. The final draft will be delivered in digital format, accompanied by supporting spreadsheets. DELIVERABLES: PRELIMINARY DRAFT ROAD IMPACT FEE STUDY FINAL DRAFT ROAD IMPACT FEE STUDY SUPPORTING SPREADSHEETS Task 2: Fire and Police Impact Fee Studies The Consultant will include in the same documents as the preliminary and final road impact fee studies an analysis of police and/or fire impact fees. The analyses will be based on the existing levels of service for those facilities. The City will provide the Consultant, at no charge, all information needed to prepare the analyses, including, but not limited to, existing city-wide land use data (residential units by housing type and nonresidential building floor area by land use type), an inventory of existing police and fire facilities (land area, building square footage, capital equipment), insured values and fixed asset listings for police and fire buildings and equipment, current replacement costs based on recent acquisitions or improvements where available, capital improvement plans, history of recent capital grants, and outstanding debt and debt service schedules for police and fire facilities. DELIVERABLES: PRELIMINARY DRAFT POLICE IMPACT FEE STUDY PRELIMINARY DRAFT FIRE IMPACT FEE STUDY FINAL DRAFT POLICE IMPACT FEE STUDY FINAL DRAFT FIRE IMPACT FEE STUDY SUPPORTING SPREADSHEETS Task 3: Public Presentation Jim Duncan or Clancy Mullen will present the study at a public meeting in Fayetteville. Additional trips to attend meetings will be provided at an additional cost. DELIVERABLE: PUBLIC MEETINGS (ONE PERSON -DAY) Exhibit B PROJECT SCHEDULE The schedule for the tasks outlined in the Scope of Services is illustrated in the following project schedule. Months After Contract Execution Tasks 1 2 3 4 1: Road Impact Fee Study Update 0 2: Fire and Police Impact Fee Studies 0 3: Public Presentation 0 = draft deliverable ♦ = final deliverable * = meeting/presentation Exhibit C CONSULTANT COMPENSATION The total cost of the professional services described in the accompanying Scope of Services is $19,890. This lump -sum budget includes all direct and indirect expenses incurred by the consultant team in performing the services. The breakdown of project cost by task is presented below. The City will be billed monthly based on percent completion of individual tasks. Task Amount Task 1: Road Impact Fee Study $8,890 Task 2: Fire and Police Impact Fee Studies $9,500 Subtotal, Tasks 1 and 2 $18,390 Task.3: Public Presentation (1 person -day) $19500 Total Project $1 %890 Additional trips shall be provided at $1,500 per person -day. Other additional services beyond those specified in the accompanying Scope of Services may be negotiated or billed on a time and expense basis at the following hourly rates. The only expense not included in the lump -sum price per person - day for travel or in the hourly rates is overnight mail, which will be billed separately. Principal (Jim Duncan) $150 Land Use Attorney $175 Project Director (Clancy Mullen) $135 Associates $95 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Department: Sales Tax Capital Improvements Date Requested Adjustment Number 2003 Division: Program: 1 /6/2004 Project or Item Requested: Project or Item Deleted: $27,390 is requested for a Street/Fire/Police Impact Fee The Street ROW/Intersection/Cost Sharing project is being study. reduced by $27,390. Justification of this Increase: Resolution #167-03 was approved by City Council on November 18, 2003 requesting the study. Account Name Professional services Account Name _Street improvements Approval Signatures Justification of this Decrease: Sufficient funding remains to comply with City Policy and with project completion. increase Isuttget(Decrease Revenue) Account Number 4470 9470 5314 00 Decrease Budget (Increase Revenue) Account Number Amount 27,390 Amount Project Number 4470 9470 5809 00 27 390 02116 1 Requested dBB,y�.(?��Date IQ I - et Mamtgcr - ----- -1a, p� Department Director Date Finance & Intern. ervices Dir lot Date Mayor - - - / Date ' Type: Budget Office Use Only J' A B C / D ) E Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Initial Date Initial Date Initial Date Initial Date �syi6 ��5'oc�q�5 �Gtncah , FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Coody and City Council From: Hugh Earnest, Chief Administrative Officer Tim Conklin, Community Planning and Engineering Services Director Date: January 30, 2004 Subject: Approval of a bid waiver ordinance and approval of a contract and budget adjustment in the amount of $21,390 for Duncan and Associates to prepare road, fire, and police impact fee's. RECOMMENDATION Staff recommends approval of a bid waiver ordinance and approval of a contract and budget adjustment for Duncan and Associates to update the road impact fee completed in 2002 and to prepare fire and police impact fees. BACKGROUND The City Council on November 18, 2003 passed Resolution No. 167-03 requesting staff to bring forward information on the feasibility of adopting impact fees for roads, police, and fire. Staff is recommending that competitive biding be waived and approval of a bid waiver and budget adjustment in order to contract with Duncan and Associates. Approval of the Bid Waiver would allow Duncan and Associates to update the road impact fee developed in 2002 (calculated based on a consumption methodology) and develop the methodology and calculate the fire and police impact fees. After additional discussion with the consultant, the recommended methodolgy for road impact fees is the consumption based approach. Use of this methodolgy has enabled us to reduce the original cost estimate by $65000. Staff has received the following estimate for this work: X� Cost to Update and Calculate Impact Fees Roads (2002 Update) Fire Police One trip to Fayetteville Cost to City Contingency Total Cost Proposed Cost (Fayetteville) :: 1 $ 4,750 $ 4,750 1 500 $19,890 $ 1,500 $21,390 Comparison Cost (other cities) $25,000 +/- Conway $ 8,200 Bentonville $ 8,600 Bentonville The City Council in October of 2000 hired Duncan and Associates to study impact fees. The contract was subsequently amended to include preparation of impact fee ordinances for water and sewer. These were adopted on December 17, 2002. Duncan and Associates is very familiar with Fayetteville and has already completed the methodology and calculation for a "consumption based" road impact fee in 2002. Because of their past work and performance on developing the existing impact fees, Staff is recommending contracting with Duncan and Associates to prepare the new impact fees. We are aware of the concern expressed by the city attorney over certain aspects of this project. However, we believe that his concerns can be satisfactorily addressed as the report from the consultant is prepared. We have attached a letter from the consultant that clearly spells out possible uses of the monies secured from police and fire impact fees. BUDGETIMPACT A budget adjustment in the amount of $21,390 is required to fund this project. Funding is available from the identified remaining 2003 CIP Street/ROW/Intersections project. ORDINANCE NO, AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING AND APPROVING A CONTRACT WITH DUNCAN AND ASSOCIATES TO CALCULATE IMPACT FEES FOR ROAD, POLICE AND FIRE IMPROVEMENTS IN THE AMOUNT OF $19,890.00 WITH A CONTINGENCY AMOUNT OF $1,500.00 AND APPROVING A BUDGET ADJUSTMENT OF $21,390.00 WHEREAS, Duncan and Associates were selected in 2000 to calculate impact fees for water, sewers, parks and roads and presented their impact fee to the City Council in 2001; and WHEREAS, the City Council adopted the impact fees for water and for sewer presented by Duncan and Associates in late 2002 by implementing ordinance; and WHEREAS, Duncan and Associates can use their prior expertise gained from these earlier studies to provide a more cost effective analysis and report concerning potential impact fees for roads, police and fire in conformity with the state's new impact fee statute NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a contract between the City of Fayetteville, Arkansas and Duncan and Associated in the amount of $19,890.00, plus a contingency of $1,500.00 to provide impact fee studies for roads, police and fire. This contract is attached as Exhibit "A". Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves the budget adjustment in the amount of $21,390.00 attached as Exhibit `B". PASSED and APPROVED this the 171h day of February, 2004. APPROVED: By: O �^ DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk I CITY COUNCIL AGENDA MEMO To: Mayor Coody and City Council Through: Hugh Earnest, Chief Administrative Officer From: Tim Conklin, Community Planning and Engineering Services Directof/. C . Date: December 18, 2003 Subject: Approval of a bid waiver ordinance and approval of a contract and budget adjustment in the amount of $27,390 for Duncan and Associates to prepare road, fire, and police impact fee's. Staff recommends approval of a bid waiver ordinance and approval of a contract and budget adjustment for Duncan and Associates to prepare road, fire, and police impact fee's. BACKGROUND The City Council on November 18, 2003 passed Resolution No. 167-03 requesting staff to bring forward information on the feasibility of adopting impact fee's for roads police, and fire. Staff is recommending that competitive biding be waived and approval of a bid waiver and budget adjustment in order to contract with Duncan and Associates. Approval of the Bid Waiver would allow Duncan and Associates to develop the methodology and calculate the road impact fee based on an "improvements based" methodology and also develop the methodology and calculate the fire and police impact fees. This work will result in two methodologies and two sets of potential fees for roads along with fire and police impact fees. Staff has received the following estimate for this work: Cost to Develop Methodology and Calculate Impact Fees Proposed Cost Comparison Cost Roads (Improvement Based) $141890 $251000 +/- Conwav (Citywide) ($44,000 for Roads and Parks, includes Ord.) Fire (Optional) $4,750 $8,200 Bentonville Police (Optional) $4,750 $8,600 Bentonville One trip to Fayetteville $1,500 Cost to City $259890 Contingency (Extra Trip) $15500 Total Cost $27,390 DISCUSSION The City Council in October of 2000 hired Duncan and Associates to study impact fees and subsequently amended their contract to prepare impact fee ordinances for water and sewer which were adopted on December 17, 2002. Duncan and Associates is very familiar with Fayetteville and has already completed the methodology and calculation for a "consumption based" road impact fee. Because of their past work and performance on developing the existing impact fees, Staff is recommending contracting with Duncan and Associates to prepare the new impact fees. BUDGETIMPACT A budget adjustment in the amount of $27,390 is required to fund this project. Funding is available from the identified remaining 2003 CIP Street/ROW/Intersections project. E-Mail's From Duncan and Associates — November 25, 2003 Tim, Per your request, I have reviewed the City's new Traffic and Transportation Study and developed a proposed budget to develop an improvements -driven or plan -based road impact fee. I have also developed costs to prepare fire and police impact fee studies. As we discussed, the fire and police fees may have to be based on the existing level of service, unless the City has facility master plans for those services. The road study could be provided for $14,890. This is significantly less that what we would normally charge, but we are able to offer you a reduced price because of the quality of the BRW study and the fact that we will be able to build on the background analysis we did in the original road impact fee study. The fire and police studies would cost $4,750 each, for a grand total of $24,390. The road impact fee study could be stand-alone, but the prices for the other two assume they are in addition to the road impact fee study. The price quoted above includes the preparation of a staff review draft and a final report. It does not include preparation of an implementing ordinance. The price does not include any trips to Fayetteville to attend meetings, which we would be happy to provide at an additional cost of $1,500 per person -day. The City would be responsible for providing all necessary data, including the current CIP and TIP (and RTP if changed), residential building permits issued by housing type for 2002 and 2003 to date, nonresidential square footage by land use type from Washington County Assessor, inventory of fire and police station building square footage and site acres, inventory of major police and fire capital equipment, cost data (including recent land acquisitions and building construction, insured value listings, asset listings, and current equipment replacement values), history of police and fire capital grant funding, etc. I would be happy to prepare a formal scope of services and budget if desired. Let me know how you would like to proceed. Clancy Clancy Mullen, AICP Duncan Associates 13276 Research Blvd., Suite 208 Austin, TX 78750 512.258.7347 ext 204 512.258.9994 (fax) Tim, I should probably clarify that the price I quoted for the road impact fee study is to calculate a city-wide plan -based fee. The transportation plan appears to recommend that a financing mechanism such as impact fees would be computed for multiple Priority Growth Areas. However, the transportation plan does not provide sufficient information to determine the future cost attributable to subareas of the city (improvements physically located in a subarea could serve growth in adjacent subareas as well). To do this, additional modeling work like what we had done for Cary, NC would be required. Clancy duncanlassociates land development regulations growth management impact fees January 29, 2004 Tim Conklin City of Fayetteville Planning Director 113 W. Mountain St. Fayetteville, AR 72701 RE: Impact Fees Dear Tim: Attached per your request are two signed copies of a proposed contract to have us prepare impact fee studies for roads, fire and police facilities. As you know, we prepared a road impact fee study for the City in April 2002. Since that time, the State legislature passed an impact fee enabling act. One of the requirements of that act is that the impact fees be based on a capital improvements plan. In addition, the City recently completed work on a transportation master plan. Finally, the Institute for Transportation Engineers (ITE) has also recently come out with a revised edition of their Trip Generation manual. These are all reasons to update the road impact fee study, which is already almost two years old. At your request, the proposed scope of services also includes preparation of impact fee studies for police and fire facilities. As you know, impact fees can only be used for capital improvements, and not for salaries or operating expenses. Consequently, police and fire impact fees would need to be earmarked for new buildings or expansions to existing fire and police stations, net additions (not replacements) to the fleet of vehicles and fire -fighting apparatus, or similar major capital expenditures that expand the capacity of police and fire facilities and equipment to accommodate future growth. Let me know if there is anything more I can do to assist you in this matter. Very truly yours, D NC AN ASSOCIATES SGi�-+h �� es B. Duncan, FAICP President 13276 research bled • .suite 208 0 austin n 78750 • phone 512 258 7347 • fax 512 258 9994 • emit firni@duncanplan.com RESOLUTION NO. 167-03 A RESOLUTION TO REQUEST CITY STAFF TO STUDY THE FEASIBILITY AND ADVISABILITY OF NEW IMPACT FEES IN THE AREAS OF STREET- CONSTRUCTION, FIRE FIGHTER OPERATIONS, POLICE OPERATIONS AND CAPITAL COSTS WHEREAS, the City of Fayetteville is facing a long term stagnation of its sales tax revenue despite a rapidly growing population; and WHEREAS, the population growth is creating a need for street construction and improvements, increased police and fire personnel and facilities and support staff; and WHEREAS, the City cannot afford to increase spending for road construction, or increased personnel for police, fire and other services without increasing revenue from property taxes or impact fees on new development; and WHEREAS, it is only fair that the increasing population in new development that is causing a need for new roads and increased fire, police and other staff pay its fair share of the costs for these additional services and roads. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby requests city staff to study the feasibility and advisability of additional impact fees on new development in the areas of road construction, police operations and capital costs and fire operations and capital costs. By: PASSED and APPROVED this the 1811, day of November, 2003. ��. 6.�c SONDRA SMITH, City Clerk APPROVED: By: STAOREVIEW FORM - FINANCIAL OBLIGAGN AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of: January 6,2004 FROM: Tim Conklin, AICP Comm. Planning & Eng. Svcs. Comm. Planning & Eng. Svcs. Name Division Department ACTION REQUIRED: Approval of a bid waiver ordinance and approval of a contract with Duncan and Associates in the amount of $25,890 with a project contingency of $1,500 for a total project amount of $27,390 and approval of a budget adjustment. COST TO CITY: $27,390.00 Cost of this request 4470 9470 5314 00 Account Number Category/Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name 04001.1 $ Project Number Remaining Balance Fund Name BUDGET REVIEW: Budgeted Item x Budget Adjustment Attached Budget Manager Date CO CT/GRANT/LEASE REVIEW: IZ 6 Accounting Manager Date City Y Att ney STAFF Division Head Date -(9-03 Department Director Date Finance & Internal Services Dir. Date Chief inistrative Officer Mayor 1417103 Internal A itor Date Purchasing Manager Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: Date New Item: Yes Date NO 0 ORDINANCE NO. 4541 AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING AND APPROVING A CONTRACT WITH DUNCAN AND ASSOCIATES TO CALCULATE IMPACT FEES FOR ROAD, POLICE AND FIRE IMPROVEMENTS IN THE AMOUNT OF $19,890.00 WITH A CONTINGENCY AMOUNT OF $1,500.00 AND APPROVING A BUDGET ADJUSTMENT OF $21,390.00 WHEREAS, Duncan and Associates were selected in 2000 to calculate impact fees for water, sewers, parks and roads and presented their impact fee to the City Council in 2001; and WHEREAS, the City Council adopted the impact fees for water and for sewer presented by Duncan and Associates in late 2002 by implementing ordinance; and WHEREAS, Duncan and Associates can use their prior expertise gained from these earlier studies to provide a more cost effective analysis and report concerning potential impact fees for roads, police and fire in conformity with the state's new impact fee statute NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a contract between the City of Fayetteville, Arkansas and Duncan and Associated in the amount of $19,890.00, plus a contingency of $1,500.00 to provide impact fee studies for roads, police and fire. This contract is attached as Exhibit "A". Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves the budget adjustment in the amount of $21,390.00 attached as Exhibit `B". t F pY E TT f-l� PASSED and APPROVED this the'17`" day of February, 2004. B�'Dtaal+� TQ� G .a. SONDRA SMITH, City Clerk