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HomeMy WebLinkAbout11-02 RESOLUTION• • RESOLUTION NO. 11-02 A RESOLUTION APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH DUNCAN AND ASSOCIATES IN THE AMOUNT OF SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500.00) TO ALLOW COMPANY REPRESENTATIVES TO ATTEND ADDITIONAL IMPACT FEE MEETINGS; AND APPROVING A ROLL -FORWARD BUDGET ADJUSTMENT IN THE AMOUNT OF TWENTY-THREE THOUSAND NINE HUNDRED SEVENTY-SIX DOLLARS ($23,976.00) FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves an amendment to the Professional Services Agreement with Duncan and Associates in the amount of Seven Thousand Five Hundred Dollars ($7,500.00) to allow company representatives to attend additional impact fee meetings. A copy of the amendment, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council hereby approves a roll -forward Budget Adjustment in the amount of Twenty -Three Thousand Nine Hundred Seventy - Six Dollars ($23,976.00) for same. Section 3. That the City Council authorizes the Mayor to sign such a contract amendment with Duncan and Associates. PASSED and APPROVED this 501 day of February, 2002. • A. Albs.. •1 .i$ r"• ;l• • ` Alat'ilER WOODRU ¶ City Clerk APPROVED: By DAN COODY, Mayor • NAME OF FILE: CROSS REFERENCE: Resolution No. 11-02 • 02/05/02 Resolution No. 11-02 02/05/02 Amendment to Professional Services Agreement 01/23/02 Copy of the Budget Adjustment Form 02/05/02 Staff Review Form 02/11/02 Memo to Tim Conklin, Planning Director, from Heather Woodruff, City Clerk NOTES: A V, Res. 11-02 AMENDMENT TO ORIGUL4L PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND DUNCAN ASSOCIATES February This Amendment to Professional Services Agreement is made as of J31311314/ 5th , 2002, 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 (Consultant). WHEREAS, City has engaged Consultant to perform certain services relating to the development of impact fee reports, studies and ordinances. WHEREAS, the scope of services has been divided into two phases, and this amendment covers Phase Two, which addresses the preparation of detailed impact fec studies for facilities selected in Phase One. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter provided, City and Consultant agree as follows. 1. Professional Services. Consultant shall furnish amended services to City as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. Compensation and Hourly Rates. For amended services provided by Consultant as described in Exhibit "A," City shall compensate Consultant based upon the completion of individual tasks and in accordance with the amended fee schedule outlined in Exhibit "C". Payment of each such invoice shall be due to Consultant within thirty (30) days of receipt by City. IN WITNESS WHEREOF, City and Consultant have caused this instrument to be signed by their respective duly authorized officers, all on the day and year first above written. 1 • • ATTEST: Res. 11=02 JAMES D . N AND ASSOCIATES, INC. By: g mcs B. Duncan, President CORPORATE SEAL ATTEST: CITY OF FAYETTEVILLE 2 • • Exhibit A AMENDED SCOPE OF SERVICES Res. 11-02 The project has been divided into two phases. The earlier Phase Onc: "Policy Directions," reviewed the legal framework, reviewed local data and potential fees, and determined in conjunction with local officials the type of impact fee system that should be developed in the this second phase. This Phase Two will implement the policy directions provided by the City at the conclusion of Phase One. It entails the development of impact fees for water, wastewater and roads, as well as an update and revision of the City's existing park land dedication and fee -in -lieu requirements. PHASE TWO: IMPLEMENTATION Task 2.1: Draft Impact Fee Study Facilities to be included in the impact fee study include water transmission, distribution and storage facilities; wastewater collection and treatment plant facilities; arterial and collector roads, including City participation in the cost of state road improvements; and parks. The park component will be limited to updating the City's park land dedication requirements, as well as updating the fees paid in lieu of dedication. The first task will be to prepare a preliminary draft of the impact fee study for staff review. The impact fee study will include all of the elements mandated by statutory and constitutional rcquiremcnts. These elements include an inventory of existing capital facilities; the cost of improvements required to remedy any existing service deficiencies; and the cost of improvements required to accommodate increased service demands. The impact fee studies will calculate the cost per service unit to provide new development with the existing or adopted level of service, as well as appropriate revenue credits to ensure that new development is not charged more than its proportionate share of the cost of new facilities. Each study will include a table that establishes the number of service units and amount of facility demand associated with different land use types. Finally, the studies will include, for each of the facility types, a net unit cost schedule that represents the maximum impact fees that could be charged. DELIVERABLES: DRAFT IMPACT FEE STUDIES 3 • • Task 2.2: Local Review Meeting Res. 11-02 At least two weeks after delivery of the draft Impact Fee Study, Consultant will schedule a one - day meeting with City staff to present the draft Impact Fee Study and receive staff comments. We will also use this opportunity to meet with developer representatives or a stakeholder advisory committee. DELIVERABLE: LOCAL REVIEW MEETING (l PERSON -DAY) Task 2.3: Final Impact Fee Study Following the local review meeting, we will prepare the final draft of the impact fcc study. The final draft will reflect staff and advisory committee comments on the initial draft. The final draft of the study will be delivered in both original and digital format. It will be accompanied by a spreadsheet in Excel 97 or other format specified by the City that contains all of the impact fee calculations and can be used by staff to easily update the study. DELIVERABLE: FINAL IMPACT FEE STUDY Task 2.4: Public Participation In addition to the local review meeting in Task 2.2, key members of our team will be available to attend and participate in two additional meetings with City staff, a stakeholders advisory committee, Planning Commission, City Council, or the general public as desired by the City. Joint meetings or multiple meetings held on the same day will count as one meeting. The consultant team will prepare exhibits and handouts suitable for public meetings that illustrate and summarize the results and recommendations of the Phase Two: Implementation portion of the project. The meetings should be scheduled approximately two weeks after delivery of the documents to provide time for local review prior to the meetings. This task is limited to a maximum of two person -days of out-of-town consultant time. Team members will also be available for additional meetings on a time plus expense basis. DELIVERABLE: PUBLIC MEETINGS (Two PERSON -DAYS) 4 • • Task 2.5: Additional Presentations Res. 11-02 Consultant shall attend additional meetings as requested by the City comprising up to five (5) additional person -days. DELIVERABLE: PUBLIC MEETINGS (UP TO FIVE PERSON -DAYS) 5 • • Exhibit C CONSULTANT COMPENSATION Res. 11-02 The total cost of the professional services described in the accompanying proposal for Phase Two is 545,725 553,225. 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. Additional attendance at meetings under Task 2.5 will be billed only if attendance is requested by the City, at the rate of $1,500 per person day. Task Task 2.1: Draft Impact Fee Study Task 2.1a: Roads Task 2.1b: Water Task 2.1c: Wastewater Task 2.Id: Park Land Dedication Task 2.1 Subtotal Task 2.2: Task 2.3: Task 2.4: Task 2.5: Local Review Meeting Final Impact Fee Study Public Participation Additional Presentations (5) Total, Phase Two Amount S9,785 S9,025 59,025 $3,655 $31,490 $1,260 $9,975 $3,000 $7,500 545,725 $53,225 Additional services beyond those specified in the accompanying Scope of Services may be negotiated or billed on a time and expense basis at the hourly rates provided on the Schedule of Professional Fees and Expenses. Extra meetings attended by one professional will be billed on a fixed -fee basis of 51,500 cach, which includes all travel expenses. SCHEDULE OF PROFESSIONAL FEES AND EXPENSES Principal S125 Land Use Attorney S150 Senior Associates $95 Associates 575 Billable Expenses: Overnight Mail Only 6 • • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council THRU: Hugh Earnest, Urban Development Director FROM: Tim Conklin, A.I.C.P., City Planner DATE: January 18, 2002 BACKGROUND Staff is bringing forward a change order to the contract for Duncan Associates to provide additional days for the consultant to attend meetings in Fayetteville. The change order will allow five additional person days at a flat rate of $1,500 per person per day to attend additional meetings for a total cost of $7,500. Under this contract rate, the consultant is responsible for all costs associated with all travel, food, lodging, and time spent in Fayetteville to attend additional meetings. CURRENT STATUS The impact fee study is ongoing and additional meetings with the consultant will be necessary to complete this project. RECOMMENDATION Staff recommends approval of the requested change order. • City of Fayetteville, Arkansas Budget Adjustment Form • Res. 11-02 Budget Year 2002 Department: Sales Tax Capital Improvements Fund Division: Program: Date Requested January 23, 2002 Adjustment # Project or Item Requested: Approval of a roll -forward budget adjustment for the Inman Fee Study- City Wide project that reapprop:iatcs the remain.inc funding for the projet in 2002. 1 Project or Item Deleted: None. The unused project funds approved in 2001 will be used to tuna this request. COPY Justification of this Increase: The project is in progress and the funding is needed to complete the remaining phases of work. Justification of this Decrease: Account Name Professional Services Professional Services Account Name Use of Pund Balance Use of Fund Balance increase Espeose (Decrease Raec__ Amount Account Number 13,322 4470 9470 10,654 5400 1820 Decrease Expense (Increase Revenue) Account Number Piuject Number Amount Project Number 5314 00 00008 1 5314 00 00008 1 13,322 4470 0947 4999 99 10,654 5400 0940 4999 99 Approval Stgnaturr_c Requested By Budget Wanager Department Director Admin. Services Director Mayor Date -Z3-01 Date Date Date Aydect off re I:se Only Type: A B C Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log E ,renr,nrcinoonrcrrORnn inIR4 bUanUMPAC RA WK AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW FROM: STAFF REVIEW FORM wen_ L IY-no n Feh S, alma Tim rnnklin Name Planning Division Urban Aavalnpment Department ACTION REQUIRED: For the mayor to approve a change order in the amount of $7,500 for five additional "person -days" for Duncan Associates to attend additiol}al impact fee meetings. ($1,500/ person/day) . AIflW4L 016 C. L0-1yc4-ajps tS4Jfoesk4 COST TO CITY: $"I3oOn Cost of this Request 44470 - PI/0 -5.314-00 5/00 -1142.0 - '3P4- -co Account Number L ncc g-1 Project Number 39, 114. (-OA ict6a<,e.Je•ip. )4+ - ce M.-'11 Category/Project Budget Category/Project Name IC I/8 Funds Used To Date z%.916 Remaining Balance Program Name toact Pa.,t Dien 4- te...,e.n Fund BUD ET REVIEW: Budge Manager 1') Budgeted Item i( Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: Accounting Manag r ,. /Dalt Internal KVditor GRANTING AGENCY: Purchasing Officer / I OL Date �Iwlo Date ADA Coordinator /(,o/oz- Date Date STAFF RECOMMENDATION: Division Hee -oar/lent Director ces Director Approval of change order. Date Date 11 /AZ Date //h l7/U Date Cross Reference New Item: Yes Prev Ord/Res $: 77‘,' 01 Orig Contract Date: p Orig Contract Numbe_: O 0 3 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning Director From: Heather Woodruff, City Clerk Date: February 11, 2002 Attached is a copy of the resolution approving an amendment to the agreement with Duncan and Associates. I am also returning one original to you. One original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit Steve Davis, Budget and Research c a 010 03 Update Document Reference RES City of Fayetteville Index Maintenance Ite Action Date Ref. Taken Brief Description 2052002 11-02 • AMENDMENT/DUNCAN AND ASSOCIATES 2/15/2002 10:07:03 Enter Keywords File Reference # Security Class Expiration Date Date for Cont/Referred: Name Referred to RES. 11-02 AMENDMENT PROFESSIONAL SERVICES AGREEMNT bUNCAN AND ASSOCIATES $7,500.00 COMPANY REPRESENTATIVES IMPACT FEE MEETINGS DROLL -FORWARD BUDGET ADJUSTMENT $23,976.00 MICROFILM Cmdl-Return Cmd8-Retention Cmd5-Abstract Yes No Retention Type: **** Active *# Cmd4-Delete Cmd3-End Press 'ENTER' to Continue (c) 1986-1992 Munimetrix Systems Corp.