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