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HomeMy WebLinkAboutOrdinance 4781 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. 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. Duncan Associates may subcontract some work on this project to Rosenthal & Associates, Inc. . Any other 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 - 1 - 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. - 2 - IN WITNESS WHEREOF, City and Consultant have caused this instrument to be signed by their respective duly authorized officers. EXECUTED on this, the 18th day of October , 2005. JAMES DUNCAN AND ASSOCIATES , INC. By: mes B. Duncan , President EXECUTED on this, the ALA day of Q hzr , 2005, by City of Fayetteville. CITY OF FAYETTEVILLE , A Municipal Corporation By: Dan Coody, ayo-r Witness: dl) 6LAW, IfIaL- 'SCrndra Smith Fayetteville City Clerk �RWTR�S,,--- • b\ Y0 ;v. G E @, FAYETTEVILLE * �:• :A -ys.9,QKANspC� A� - 3 - EXHIBIT "A" SCOPE OF SERVICES Project Understanding and Approach The purpose of this project is to assist the City of Fayetteville in updating its existing water and wastewater impact fees. The update will bring the fees in line with current costs and ensure that they comply with the requirements of the Arkansas Development Impact Fees Act. It is assumed that the City has or will prepare a list of capital improvement needs and cost estimates for the water and wastewater systems. No engineering work is included as part of this proposal. The project will be divided into two phases. Phase I will consist of a feasibility analysis to determine how to proceed with the actual preparation of the study. Phase II will consist of the preparation of the study and attendance at public meetings. The update study for wastewater will be expanded to include the cost of the collection system. Separate wastewater impact fees will be developed for new customers in Farmington, Greenland and Elkins, provided this is determined to be feasible in Phase 1 . PHASE I : FEASIBILITY ANALYSIS The primary purpose of this phase, in addition to initial data gathering , is to determine whether and how separate wastewater impact fees could be calculated for Farmington , Greenland and Elkins, and whether and how separate water impact fees could be calculated for Elkins. If determined to be feasible, each alternative will be priced individually. Task 1 . 1 : Project Organization Immediately upon contract execution , the Consultant will meet with key members of City staff to gather available information related to the project; identify major technical and policy issues involved ; coordinate staff and consultant responsibilities; and refine the project schedule. It is anticipated that this meeting will be attended by Clancy Mullen of Duncan Associates and Bob Rosenthal of Rosenthal & Associates. City staff attendees should include representatives from water and wastewater, engineering, planning, finance and law. A major area of discussion should be whether and how fees for wastewater could be calculated to determine separate fees for new customers in Farmington, Greenland and Elkins, and whether and how fees for water could be calculated to determine separate fees for new customers in Elkins. - 4 - The City should provide the Consultant, without charge, copies of all relevant plans, studies and documents needed to perform the scope of work. These may include, but are not limited to: 0 master plans for water and wastewater 0 capital improvement plans for water and wastewater 0 maps of service area boundaries, showing wholesale and retail areas 0 current and historical data (last five years) on number of customers and consumption by meter size and customer class 0 most recent annual budget and comprehensive financial report 0 debt payment schedules for outstanding water/wastewater bond issues 0 prospectus from most recent water/wastewater bond issues 0 data on existing and projected land use and serviced population within the service areas At the conclusion of the task, the Consultant will prepare a memorandum summarizing the organizational framework for the project and listing additional data needs. The memorandum will be delivered within two weeks of the organizational meeting. Deliverable: Project Organization Meeting Project Organization Memorandum Task 1 .2 : Directions for Phase II This task will entail the preparation of a detailed scope of services and budget for Phase II . It will require review of the available data gathered in Task 1 . 1 , and coordination with City staff via email and telephone. Deliverable: Draft Contract Amendment for Phase II PHASE II : IMPLEMENTATION The second phase entails the preparation of the impact fee study and attendance at public meetings for review and adoption of the revised impact fee ordinance. Task 2. 1 : Draft Impact Fee Study City staff or a consulting engineering firm will prepare the list of water and wastewater capital improvements required to accommodate anticipated growth . In this task, the Consultant will prepare the initial draft of the water and wastewater impact fee study. The report will describe the methodology and formula used to calculate the fees, document all data sources and assumptions, and include a fee schedule that represents the fees that could be charged . At least one full working draft will be delivered to City - 5 - staff for review and comment prior to delivery of the draft study. Deliverable: Draft Impact Fee Study Task 2.2 : Final Impact Fee Study Following review and comment on the draft study by City staff and/or an advisory committee, the Consultant will make appropriate revisions and provide the final draft. Deliverable: Final Impact Fee Study Task 2.3 : Public Meetings The Consultant will attend up to two meetings in Fayetteville to present the impact fee study to the City Council and/or other review bodies. Additional participation in adoption meetings may be provided on a time-plus-expense or flat rate basis. Deliverables: Two (2) Person-Trips - s - EXHIBIT " B" PROJECT SCHEDULE The project schedule outlined in the scope of services is summarized in the following flowchart. As shown below, the project could be completed in seven and one-half months. Months from Project Start Tasks 1 2 3 4 5 6 7 8 1 .1 : Project Organization 1 .2: Directions for Phase II - 2. 1 : Draft Impact Fee Study 2.2: Final Impact Fee Study 2.3: Public Meetings x x x = meeting/presentation EXHIBIT "C" COST PROPOSAL The total cost of the professional services described in this proposal for Phase I is $ 12,300. 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 cost of Phase II will be determined in Phase I . The City will be billed monthly based on percent completion of individual tasks. Task Cost 1 . 1 : Project Organization $5,820 1 .2: Directions for Phase II $6,480 Total, Phase 1 $12,300 Additional services beyond those included in the scope of services may be provided at the following standard hourly rates: James B. Duncan , FAICP–$175; Clancy Mullen– $ 135, Eric Damian Kelly, Esq . , FAICP–$200, Robert Rosenthal—$ 120, support planning staff–$95. Direct expenses will be limited to travel costs (airfare, hotel , rental car, parking and meals) and direct mail costs. Additional trips may be provided on a time-plus-direct expense basis, or on a flat rate of $2 ,000 per person-day. City of Fayetteville • Staff Review Form City Council Agenda Items or Contracts 18-Oct-05 City Council Meeting Date Tim Conklin Long Range Operations Submitted By Division Department Action Required: Approval of a Bid Waiver Ordinance and contract with Duncan Associates for $ 12,300 (Phase 1) to update the existing Water and Wastewater Impact Fees and for the calculation of additional Wastewater Impact Fees. This contract contains two phases for this project. Phase 11 will be subject to City Council approval of a contract amendment. $12,300.00 Cost of this request Category/Project Budget Program Category / Project Name 5400. 1840.5314.00 Account Number Funds Used to Date Program / Project CategoryName F05054. 1 $ Water and Sewer Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # Debailment Dir ctor Date Original Contract Date: Original Contract Number: City Attorney i Received in City Clerk's Office Finance and Internal Service Director Date Received in Mayor's Office ENTERED Mayor Date Comments: 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 updating the existing 2002 calculated water and wastewater impact fees to; 1 ) reflect current construction costs; 2) calculate impact fees for new capacity created as part of wastewater collection system ; and 3) calculate specific impact fees for outside jurisdictions served by the Fayetteville system. 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 - 1 - 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. - 2 - • • IN WITNESS WHEREOF, City and Consultant have caused this instrument to be signed by their respective duly authorized officers. EXECUTED on this, the day of , 2005 . JAMES DUNCAN AND ASSOCIATES , INC. By: James B. Duncan , President EXECUTED on this, the day of 2005, by City of Fayetteville. CITY OF FAYETTEVILLE, A Municipal Corporation By: Dan Coody, Mayor Witness: Sondra Smith Fayetteville City Clerk - 3 -