HomeMy WebLinkAbout20100057.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO
SIGN - DUNCAN ASSOCIATES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Professional Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Duncan Associates, commencing upon full execution, with
terms and conditions being as stated in said agreement, and
WHEREAS,after review, the Board deems it advisable to approve said agreement, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Agreement for Professional Services between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, and Duncan
Associates be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of January, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
E,La WELD COUNTY, COLORADO
ATTEST: C.*
I 61uygI Radema er, Chair
WeldNCounty Clerk to the oa 1‘ — 7
e
�'� p ,,, �� ara Kirkmeyer, rem
BY: 4Lt1 (''C i f( l cl ✓� �� 17 --
Deputy;Clerk to the Board
Sean p.
APPRO AS O" : il?)Y
Will F. Garcia
my Attorney
David E. Long
i
Date of signature: l i 3i iC
2010-0057
BC0041
�
- . un C'A-to LlCki �) e, (CLd/ O
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado,
whose address is 915 10th Street, Greeley, Colorado, 80631 ("County"), and Duncan Associates,
a professional incorporation, whose address is 360 Nueces Street, #2701, Austin, TX 78701,
("Contractor").
WHEREAS, County desires to retain Contractor as an independent contractor to perform
services as more particularly set forth below; and
WHEREAS, Contractor has the time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor
hereby accepts engagement by County upon the terms and conditions set forth in
this Agreement.
2. Period of Service. Contractor shall begin its services promptly after receipt of an
executed copy of this Agreement and will complete the services pursuant to the
"Timeline" set forth in the attached Exhibit"A,"with all such services complete
on or before September 1, 2010. Times for performance shall be extended for
periods of delay resulting from circumstances over which Contractor has no
control. The period of service is subject to the termination provisions of Section
11, below.
3. Services to be Performed. Contractor agrees to perform the Services listed or
referred to in Exhibit A under"Scope of Services.
4. Compensation. County agrees to pay Contractor for services performed as set
forth on in Exhibit A, according to the"Budget and Compensation" set forth in
the attached Exhibit "B."
5. Additional Work. In the event the County shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an
increase or decrease in the time required or the costs to the Contractor for
performance, an equitable adjustment in fees and completion time shall be
negotiated between the parties and this Agreement shall be modified accordingly
by a supplemental Agreement. Any claims by the Contractor for adjustment
hereunder must be made in writing prior to performance of any work covered in
the anticipated supplemental Agreement. Any change in work made without such
prior supplemental Agreement shall be deemed covered in the compensation and
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time provisions of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are,
or shall be deemed to be, agents or employees of the County for any purpose.
Contractor shall have no authorization, express or implied, to bind the County to
any agreement, liability, or understanding. The parties agree that Contractor will
not become an employee of County, nor is Contractor entitled to any employee
benefits from County as a result of the execution of this Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement
will be performed in a manner consistent with the professional standards
governing such services and the provisions of this Agreement.
8. Documents County Property. All documents produced in connection with the
performance of this Agreement, whether or not such materials are in completed
form, shall at all times be considered the property of the County. Contractor shall
not make use of such material for purposes other than in connection with this
Agreement without prior written approval of County.
9. Acceptance of Product not Waiver. Upon completion of the work, Contractor
shall submit to County originals of all test results,reports, etc., generated during
completion of this work. Acceptance by County of reports and incidental material
furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the work. Acceptance by the
County of, or payment for, any services performed under this Agreement shall not
be construed as a waiver of any of the County's rights under this Agreement or
under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify County,
its officers and agents, from and against loss or liability arising from Contractor's
acts, errors or omissions in seeking to perform its obligations under this
Agreement. Contractor shall provide necessary workers' compensation insurance
at Contractor's own cost and expense.
11. Termination. The obligation to provide further services under this Agreement
may be terminated by either party upon written notice in the event of substantial
failure by the other party to perform in accordance with the terms hereof through
no fault of the terminating party. In the event of any termination, Consultant will
be paid for all services rendered to the date of such termination.
12. Non-Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of County.
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13. Access to Records. County shall have access to Contractor's financial records as
they relate to this Agreement for purposes of audit. Such records shall be
complete and available for audit 90 days after final payment hereunder and shall
be retained and available for audit purposes for at least five years after final
payment hereunder.
14. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
15. Interruptions.Neither party to this Agreement shall be liable to the other for
delays in delivery or failure to deliver or otherwise to perform any obligation
under this Agreement, where such failure is due to any cause beyond its
reasonable control, including but not limited to Acts of God, fires, strikes, war,
flood, earthquakes or Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be mailed or delivered to the other party at that party's address as stated
above.
17. Compliance. This Agreement and the provision of services hereunder shall be
subject to the laws of Colorado and be in accordance with the policies,
procedures, and practices of County.
18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may
engage or use other contractors or persons to perform services of the same or
similar nature.
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and
further, Contractor represents, warrants, and agrees that it has verified that
Contractor does not employ any illegal aliens. If it is discovered that Contractor
is an illegal immigrant, employs illegal aliens or subcontracts with illegal aliens,
County can terminate this Agreement and Contractor may be held liable for
damages.
20. Entire Agreement/Modifications. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiation, representation, and
understanding or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
21. Funding Contingency. No portion of this Agreement shall be deemed to create
an obligation on the part of County to expend funds not otherwise appropriated or
3
budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family
shall serve on a County Board, committee or hold any such position which either
by rule, practice or action nominates, recommends, supervises Contractor's
operations, or authorizes funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable,this Agreement shall be construed and enforced
without such provision, to the extent that this Agreement is then capable of
execution within the original intent of the parties.
24. Governmental Immunity. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees
may possess.
25. No Third Party Beneficiary. It is expressly understood and agreed thatthe
enforcement of the terms and conditions of this Agreement, and all rights of
action relating to such enforcement, shall be strictly reserved to the undersigned
parties and nothing in this Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in this Agreement. It is the
express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be
an incidental beneficiary only.
26. Conflict of Interest. Contractor 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. Contractor further agrees that, in the performance of
this Agreement, no person having any such interest shall be employed.
27. Subcontracting. It is understood that Contractor may retain the services of a
Subcontractor to perform certain services as presented in Exhibit A.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the 1/ —day
of , 2010.
CONTRACTOR:
By: ansso G L
J B. Duncan, President
ATTEST: : � COUNTY OF WELD, a political Weld County
Clerk to the Board � subdivision of the STATE OF COLORADO:
t 1861 y ,0 iv:`
By: ��/r /y / A f 1�/r/� � By: V1).,+ --1- .Dv,1n,
Deputy Clef to th Lt�t: /i��' lifouglaAmac er, Chairman
��►� Board of County Commissioners,
County of Weld
JAN 1 + 2010
5
07O/1)-005 V
EXHIBIT "A"
SCOPE OF SERVICES
The purpose of this project is to assist Weld County in developing updated impact fees for roads,
drainage and general government facilities. Two types of road impact fees are proposed to
replace the current county-wide fee: a traditional road impact fee in the more urban part of the
county and a road mitigation fee in the more rural area.
This scope of services does not include the preparation of capital improvement programs or
master plans for any of the types of capital facilities addressed in this project. Except for Task 2,
the consultant will rely on the County for any required engineering expertise.
Task 1: Project Organization/Data Collection
The first task of the project will involve data collection and project organization. Immediately
upon contract execution, the consultant will work with the County's project manager to schedule
one day of joint or back-to-back meetings with key members of County staff. At these initial
organizational meetings, the consultant will gather available information related to the project,
identify major policy issues involved in updating the County's impact fee program, coordinate
staff and consultant responsibilities and establish the project schedule.
A major topic of discussion should be the appropriate service areas and benefit districts for the
updated road and drainage impact fees. The current road impact fee is calculated on the basis of
a county-wide service area, while the county is divided into four benefit districts. The proposed
impact fee and mitigation fee will apply in different areas of the county, and the boundary
between these new service areas will need to be determined. Since existing land use data will be
required for each service area, the availability of data may be an important consideration. In
addition, the county may desire to divide each service area in multiple benefit districts, and the
boundaries of those districts will need to be determined, although this decision could occur much
later in the process.
The County's current drainage impact fee is based on a county-wide calculation, and has a
county-wide service area and benefit district. The updated fees will be calculated on the basis of
watersheds, which will serve as both service areas and benefit districts. The number of
watersheds and their boundaries will need to be determined early on in the process. Complete
inventories of existing facilities must be available for at least some of the proposed service areas,
and existing road inventories and existing land use data must be compiled for all service areas.
These data needs should be considered when deciding the drainage impact fee service area
structure.
A related issue concerns the application of the capital expansion fee. Some County facilities
provide service to the entire county, including the municipalities, while other facilities primarily
serve the unincorporated area. Since the fees is only assessed on new development in the
unincorporated area, the tightest nexus would be maintained by charging only for facilities and
equipment, such as those related to public works and law enforcement patrol,that primarily serve
the unincorporated area. In the event that facilities providing service county-wide are included
in the fee calculation, the existing level of service for those facilities will be determined using
county-wide service units.
The County should provide the consultant team, without charge, copies of all relevant plans,
studies and data needed to perform the scope of work. These include, but are not limited to, the
following:
Planning/Land Use
Comprehensive land use plan
Estimate of existing residential units by housing type for unincorporated area and
municipalities (unincorporated area will need to be broken down by proposed
road and drainage service areas)
Building permit data on new residential dwelling units by housing type in the
unincorporated area, by year, 2000 through 2009
Property Appraiser
Access to current tax record database and codebook, or else the following:
Total existing building square footage by major nonresidential land use categories
(hotel/motel, retail/commercial, office, institutional/other, industrial and
warehouse) for the unincorporated county and municipalities
Total market value and total number of acres of vacant land by property type (e.g.,
residential, commercial) and parcel size (<1 acre, 1-5 acres, 5-20 acres and 20+
acres)
Finance
Current annual operating budget and capital improvements plan
Insured value listings for general government buildings and major equipment
Fixed-asset listings for general government buildings and major equipment
Impact fee collection and expenditure reports for past five years and current fund
balances
Most recent comprehensive annual financial report (CAFR)
Data on outstanding debt for capacity-expanding capital facilities related to roads,
drainage and general government facilities (administrative buildings, public
works yards, etc.), including year issued, original principal, original amount for
each type of facility funded, current amount outstanding (for refunding issues,
need to know this information for the refunded bonds)
Information on lease-to-own agreements, including type of equipment and outstanding
lease payments
Road Impact Fee
Inventory of existing numbered County roads in the road impact fee service area,
including street name, segment length, number of lanes, cross-section, surface
type, lane and shoulder widths, daily capacity and recent traffic count
EXHIBIT "A"
SCOPE OF SERVICES
The purpose of this project is to assist Weld County in developing updated impact fees for roads,
drainage and general government facilities. Two types of road impact fees are proposed to
replace the current county-wide fee: a traditional road impact fee in the more urban part of the
county and a road mitigation fee in the more rural area.
This scope of services does not include the preparation of capital improvement programs or
master plans for any of the types of capital facilities addressed in this project. Except for Task 2,
the consultant will rely on the County for any required engineering expertise.
Task 1: Project Organization/Data Collection
The first task of the project will involve data collection and project organization. Immediately
upon contract execution, the consultant will work with the County's project manager to schedule
one day of joint or back-to-back meetings with key members of County staff. At these initial
organizational meetings, the consultant will gather available information related to the project,
identify major policy issues involved in updating the County's impact fee program, coordinate
staff and consultant responsibilities and establish the project schedule.
A major topic of discussion should be the appropriate service areas and benefit districts for the
updated road and drainage impact fees. The current road impact fee is calculated on the basis of
a county-wide service area, while the county is divided into four benefit districts. The proposed
impact fee and mitigation fee will apply in different areas of the county, and the boundary
between these new service areas will need to be determined. Since existing land use data will be
required for each service area, the availability of data may be an important consideration. In
addition, the county may desire to divide each service area in multiple benefit districts, and the
boundaries of those districts will need to be determined, although this decision could occur much
later in the process.
The County's current drainage impact fee is based on a county-wide calculation, and has a
county-wide service area and benefit district. The updated fees will be calculated on the basis of
watersheds, which will serve as both service areas and benefit districts. The number of
watersheds and their boundaries will need to be determined early on in the process. Complete
inventories of existing facilities must be available for at least some of the proposed service areas,
and existing road inventories and existing land use data must be compiled for all service areas.
These data needs should be considered when deciding the drainage impact fee service area
structure.
A related issue concerns the application of the capital expansion fee. Some County facilities
provide service to the entire county, including the municipalities, while other facilities primarily
serve the unincorporated area. Since the fees is only assessed on new development in the
unincorporated area, the tightest nexus would be maintained by charging only for facilities and
equipment, such as those related to public works and law enforcement patrol, that primarily serve
the unincorporated area. In the event that facilities providing service county-wide are included
in the fee calculation, the existing level of service for those facilities will be determined using
county-wide service units.
The County should provide the consultant team, without charge, copies of all relevant plans,
studies and data needed to perform the scope of work. These include, but are not limited to, the
following:
Planning/Land Use
Comprehensive land use plan
Estimate of existing residential units by housing type for unincorporated area and
municipalities (unincorporated area will need to be broken down by proposed
road and drainage service areas)
Building permit data on new residential dwelling units by housing type in the
unincorporated area, by year, 2000 through 2009
Property Appraiser
Access to current tax record database and codebook, or else the following:
Total existing building square footage by major nonresidential land use categories
(hotel/motel, retail/commercial, office, institutional/other, industrial and
warehouse) for the unincorporated county and municipalities
Total market value and total number of acres of vacant land by property type (e.g.,
residential, commercial) and parcel size (<1 acre, 1-5 acres, 5-20 acres and 20+
acres)
Finance
Current annual operating budget and capital improvements plan
Insured value listings for general government buildings and major equipment
Fixed-asset listings for general government buildings and major equipment
Impact fee collection and expenditure reports for past five years and current fund
balances
Most recent comprehensive annual financial report(CAFR)
Data on outstanding debt for capacity-expanding capital facilities related to roads,
drainage and general government facilities (administrative buildings, public
works yards, etc.), including year issued, original principal, original amount for
each type of facility funded, current amount outstanding (for refunding issues,
need to know this information for the refunded bonds)
Information on lease-to-own agreements, including type of equipment and outstanding
lease payments
Road Impact Fee
Inventory of existing numbered County roads in the road impact fee service area,
including street name, segment length, number of lanes, cross-section, surface
type, lane and shoulder widths, daily capacity and recent traffic count
Task 2: Traffic Forecasting Assistance
This task will be performed by Felsburg Holt & Ullevig (FHU). The first step will be to
assemble existing traffic model information. FHU will obtain the latest DRCOG and NFRMPO
models and model documentation and assemble information from each model with respect to
Weld County, including:
❑ Available model years
❑ TAZ systems
❑ Household and employment forecasts
❑ Roadway networks
❑ Trip purposes
❑ Trip generation rates
❑ External station information
From this information, FHU will prepare a Weld County map showing the model coverage areas
and highlight any parts of the modeling areas that notably lack sufficient detail to produce
reliable traffic forecasts. FHU will coordinate with County staff to identify significant current or
anticipated development areas that are either outside of the modeling areas or are in the parts of
modeling areas lacking detail. For each of the areas identified as significant development areas
that are not well covered by one of the regional models, FHU will determine whether the area
can readily be incorporated in one of the regional models or, in the case of areas within modeling
area, if it can readily be enhanced to provide more reliable results.
For areas determined to be candidates for model incorporation or refinement, FHU will work
with the County to establish an appropriate TAZ system, road network, and socio-economic
growth forecasts. FHU will then refine the models accordingly for Weld County transportation
planning.
It is anticipated that a significant area of eastern and northern Weld County will not be judged to
be readily incorporated in either the DRCOG or NFRMPO model. For those areas, FHU will
develop a methodology to prepare traffic growth estimates. The method is anticipated to rely on
a combination of several sources of information, including:
❑ County land use planning information
❑ Active development plans
❑ State demographer projections
❑ CDOT traffic growth factors
❑ Available historic traffic and population growth trends
Deliverables: Revised DRCOG and NFRMPO traffic models for Weld County
Traffic growth forecasts for non-model roads
Task 3: Road Impact Fee Update
This task involves updating the County's current county-wide road impact fee. The current fee is
designed to fund improvements to a specific set of"strategic roadway" improvements. The fee
is calculated on a county-wide basis, the fee schedule is applied uniformly to all new
development in the unincorporated area, and the fee revenues are earmarked to be spent in the
same one of four benefit districts in which they are collected.
The updated fee will be based on the same "demand-driven" methodology used in the 2002
study. A major change will be to base the fee on a more diverse set of improvements than the
list of strategic roadways used in the 2002 study. Another major change will be to restrict the
application of the fee to only the more developed and urbanizing part of the unincorporated area.
Due to the nature of the "demand-driven" methodology, the amount of the fee is not determined
by the specific improvements used to derive the average cost per vehicle-mile of capacity
(VMC), nor must the fee necessarily be restricted to be spent only on a specific set of
improvements. The 2002 fees were recommended to be restricted to the improvement of
strategic roads only because the fees were based exclusively on the cost of strategic road
improvements. The updated fees will be based on a more diverse set of improvements
indentified by County staff, with the assistance of the modeling and traffic forecasting effort
identified in Task 2. Such improvements could include paving gravel roads and reconstructing
existing two-lane paved roads to wider cross-sections. While the updated fees would be based
on the average cost per VMC derived from this representative list of planned improvements, the
fees would not be restricted to be spent on the identified improvements.
The current road impact fee applies to the entire unincorporated area of the county. The updated
road impact fees will apply only in a portion of the county, to be identified during the project
organization meeting in Task 1, where the predominant need for road improvements are to
expand the capacity of the major roadway system to accommodate additional vehicle trips. In
the remainder of the county, where the predominant improvement need will be to reconstruct
roadways that will be degraded by heavy vehicles, development will be subject to a road
mitigation fee, as described in Task 4.
The demand-driven road impact fee methodology defines the existing level of service in terms of
the system-wide ratio of vehicle-miles of capacity to vehicle-miles of travel (VMC/VMT) on the
major roadway system. While most roadway systems actually provide a VMC/VMT ratio
greater than one, most road impact fees, including Weld County's, are based on a one-to-one
ratio.
The consultant will prepare a draft road impact fee study for staff review that meets all of the
requirements of Colorado statutes and the dual rational nexus test enunciated by the courts.
Following receipt of staff comments, consultant will prepare a public review draft. Concurrent
with the public review draft, consultant will prepare draft regulatory amendments to implement
the revised fees, including the revised fee schedule and service area/benefit district maps, for
review by the County Attorney. Following receipt of input by the public and/or County
Commission, consultant will make revisions as necessary and appropriate and provide a final
draft of the study. All drafts will be provided in Adobe Acrobat format. The final draft will also
be provided in Microsoft Word format, and will be accompanied by supporting Excel
spreadsheets.
Deliverables: Road Impact Fee Study—Staff Review Draft
Road Impact Fee Study—Public Review Draft
Road Impact Fee Regulatory Amendments
Road Impact Fee Study—Final Draft (if necessary)
Task 4: Road Mitigation Fee
This task involves development of a road mitigation fee. This fee will be applied in the area of
the county, identified in Task 1, where the predominant improvement need will be to reconstruct
roadways that will be degraded by heavy vehicles. There will be no overlap between the area of
the county subject to the road mitigation fee and the area subject to the road impact fee. Because
the two types of impact fees define capacity and level of service provided by the same facilities
in different ways (e.g., construction of a new road would add both kinds of capacity), they should
not both be applied in the same geographic area.
The concept of the road mitigation fee is that new development should pay an impact fee to
ensure that the traffic generated does not degrade the existing level of service. The existing level
of service will be quantified in terms of the average number of years that the existing major
roadway system can accommodate traffic from existing development before having to be
reconstructed. The unit of demand and capacity will be based on the Equivalent Single Axle
Load (ESAL), which represents a single pass by one 18,000-pound axle. Since a short trip by a
heavy truck will do less damage to the road system than a long trip, it is necessary to take the
length of the trip into account. Consequently,the demand and capacity units will be expressed in
terms of ESAL-miles.
The capacity of the existing major roadway system will be determined based on an inventory that
contains indications of the structural type and pavement condition of each roadway, as well as its
length in miles. Based on the identified characteristics, the number of ESALs that could be
accommodated before the road needs to be reconstructed will be determined. The remaining
ESALs of capacity will be multiplied by the length of the segment to determine ESAL-miles of
capacity. These will then be summed for all major roadways in the service area to determine
system-wide ESAL-miles of capacity.
The demand from existing development on the major roadway system will be determined based
on recent traffic counts or estimated volumes, as well as data on the mix of truck versus
passenger vehicle traffic. Truck and passenger vehicle trips on each roadway will be converted
to ESALs and multiplied by the length of the road segment to determine ESAL-miles. These
will then be summed for all major roadways in the service area to determine daily system-wide
ESAL-miles of demand. Daily ESAL-miles will be multiplied by 365 to determine annual
ESAL-miles. Annual ESAL-miles will be divided into ESAL-miles of capacity to determine the
average number of years that the existing road system can accommodate existing demand before
needing to be reconstructed. That will constitute the existing level of service for the road
mitigation fee, and it will be used to determine new development's proportionate share of the
cost of future road capital improvement needs.
The consultant will prepare a draft road mitigation fee study for staff review that meets all of the
requirements of Colorado statutes and the dual rational nexus test enunciated by the courts.
Following receipt of staff comments, consultant will prepare a public review draft. Concurrent
with the public review draft, consultant will prepare draft regulatory amendments to implement
the mitigation fees, including the fee schedule and service area/benefit district maps, for review
by the County Attorney. Following receipt of input by the public and/or County Commission,
consultant will make revisions as necessary and appropriate and provide a final draft of the
study. All drafts will be provided in Adobe Acrobat format. The final draft will also be
provided in Microsoft Word format, and will be accompanied by supporting Excel spreadsheets.
Deliverables: Road Mitigation Fee Study—Staff Review Draft
Road Mitigation Fee Study—Public Review Draft
Road Mitigation Fee Regulatory Amendments
Road Mitigation Fee Study—Final Draft (if necessary)
Task 5: Drainage Impact Fee Update
This task involves updating the County's current drainage impact fee. The current drainage
impact fee is based on a county-wide calculation, and has a county-wide service area and benefit
district. The updated fees will be calculated on the basis of watersheds, which will serve as both
service areas and benefit districts. The number of watersheds and their boundaries will be
determined in Task 1.
Since the County does not have a drainage master plan, the updated fees will be based on an
incremental expansion methodology, using the existing level of service. The existing level of
service will be quantified as the ratio of the replacement value of existing drainage facilities in
each service area to the number of drainage service units. Service units will be quantified based
on the impervious cover typically associated with a residential dwelling unit or 1,000 square feet
of nonresidential building. For the most part, the County's existing drainage facilities consist of
roadside swales and culverts associated with numbered County roads. The County does not have
a complete inventory of these facilities for every watershed, but does for some representative
watersheds. These inventoried areas will be used to estimate culvert costs per road mile for areas
that have not yet been inventoried.
The consultant will prepare a draft drainage impact fee study for staff review that meets all of the
requirements of Colorado statutes and the dual rational nexus test enunciated by the courts.
Following receipt of staff comments, consultant will prepare a public review draft. Concurrent
with the public review draft, consultant will prepare draft regulatory amendments to implement
the revised fees, including the revised fee schedule and service area/watershed maps, for review
by the County Attorney. Following receipt of input by the public and/or County Commission,
consultant will make revisions as necessary and appropriate and provide a final draft of the
study. All drafts will be provided in Adobe Acrobat format. The final draft will also be
provided in Microsoft Word format, and will be accompanied by supporting Excel spreadsheets.
Deliverables:: Drainage Impact Fee Study—Staff Review Draft
Drainage Impact Fee Study—Public Review Draft
Drainage Impact Fee Regulatory Amendments
Drainage Impact Fee Study—Final Draft(if necessary)
Task 6: Capital Expansion Impact Fee Update
This task involves updating the County's current capital expansion impact fee. This fee is
designed to cover the costs of general government facilities, such as administration buildings,
courts buildings and public works yards. The current fee is based on a county-wide calculation,
and has a county-wide service area and benefit district. The fees are only collected in the
unincorporated area. The updated fees will be based on the existing level of service, expressed
as the ratio of the replacement cost of existing facilities and equipment to existing service units
being served. Existing service units will be expressed in terms of "functional population" (a
"functional person" is the equivalent of a person who remains at the site of a land use 24 hours
each day).
The consultant will prepare a draft capital expansion impact fee study for staff review that meets
all of the requirements of Colorado statutes and the dual rational nexus test enunciated by the
courts. Following receipt of staff comments, consultant will prepare a public review draft.
Concurrent with the public review draft, consultant will prepare draft regulatory amendments to
implement the revised fees, including the revised fee schedule, for review by the County
Attorney. Following receipt of input by the public and/or County Commission, consultant will
make revisions as necessary and appropriate and provide a final draft of the study. All drafts will
be provided in Adobe Acrobat format. The final draft will also be provided in Microsoft Word
format, and will be accompanied by supporting Excel spreadsheets.
Deliverables: Capital Expansion Impact Fee Study—Staff Review Draft
Capital Expansion Impact Fee Study—Public Review Draft
Capital Expansion Impact Fee Regulatory Amendments
Capital Expansion Impact Fee Study—Final Draft (if necessary)
Task 7: Public Meetings
In addition to the organizational meeting in Task 1, the consultant will be available to attend and
participate in additional meetings and/or public hearings. It is anticipated that there will be two
such meetings. The consultant will prepare exhibits suitable for public meetings that illustrate
and summarize the results and recommendations of the study. Meetings should be scheduled
approximately two weeks after delivery of documents to provide time for local review prior to
the meetings. This task is limited to a maximum of two person-days of consultant time. The
consultant will also be available for additional meetings on a time-plus-expense basis.
Deliverable: On-Site Meetings (Up to Two Person-Days)
TIMELINE
The project timeline is illustrated in the figure below. The reports for Tasks 3-6 will be
consolidated and work on those tasks will proceed concurrently. It is anticipated that staff
review draft would be provided to the County within four months of the project organization
meeting, although this may vary depending on the time required for the traffic forecasting
assistance provided in Task 2. The timing of subsequent deliverables will depend largely on the
time required for staff review and public participation.
1: Project Oryanicatiun
2:Traffic Forecasting iMildratal
3: Road Impact Fee w a
4: Road Mitigation Fee ;an;:t.,, r Thal •
ri
5: Drainage Impact Fee ^ .7x s nut,.
6; Capital Expansion Fee a• .
7: Public Meetings (2) * *
* = meeting (timing illustrative only)
EXHIBIT "B"
BUDGET AND COMPENSATION
The total proposed consultant fee, including all travel expenses, for the scope of services shall
not exceed $114,100, pursuant to the following cost breakdown for each task. Task 2 will be
billed on a time-and-expense basis according to FHU's standard rates, not to exceed the total
amount shown. The other tasks shall be provided on a lump sum, fixed-fee basis. The County
will be billed monthly based on the percentage of each task completed.
Task Total
1: Project Organization/Data Collection $4,800
2: Traffic Forecasting Assistance $25,000
3: Road Impact Fee Update $20,250
4: Road Mitigation Fee $27,750
5: Drainage Impact Fee Update $19,500
6: Capital Expansion Fee Update $12,000
7: Public Meetings (2) $4,800
Total Project $114,100
Additional services may be provided as negotiated or on a time-and-expense basis. Hourly rates
for Duncan Associates are $195 for James B. Duncan, FAICP, principal; $175 for Clancy
Mullen, project manager; $120 for John Stott, associate; $75 for planner/technician; and $225 for
Eric Damian Kelly, FAICP, land-use lawyer. Expert witness assistance will be billed at one and
one-half times the above hourly rates. The only expenses that will be billed are those related to
additional travel.
Elizabeth Strong
From: Bruce Barker
Sent: Tuesday, January 12, 2010 8:10 AM
To: CTB
Cc: Monica Mika
Subject: FW: Slight Modifications
OK to change out the changed pages and keep Clancy's signature.
Original Message
From: Clancy Mullen [mailto:clancy@duncanassociates.com]
Sent: Tuesday, January 12, 2010 8:08 AM
To: Bruce Barker
Subject: RE: Slight Modifications
OK, no problem.
Original Message
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Tuesday, January 12, 2010 6:48 AM
To: Clancy Mullen
Subject: RE: Slight Modifications
Sorry! See the attached. Changes are in yellow (I double-checked) .
Original Message
From: Clancy Mullen [mailto:clancy@duncanassociates.com]
Sent: Monday, January 11, 2010 6:45 PM
To: Bruce Barker
Subject: RE: Slight Modifications
Bruce,
I don't see any yellow highlights. Maybe it got lost in the conversion
from docx to doc. Could you verbally highlight the changes or send me
another version? Thanks!
Clancy
Original Message
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Monday, January 11, 2010 6:04 PM
To: Clancy Mullen
Subject: RE: Slight Modifications
Best if I attached!
Original Message
From: Bruce Barker
Sent: Monday, January 11, 2010 5:03 PM
To: 'Clancy Mullen'
Subject: Slight Modifications
Clancy:
1
,2O10- cOgl.
See the attached. We added what is in yellow on both the main agreement
and on Exhibit A. Board approved these with the highlighted language
today. Is it OK with you if we just switch those pages out and keep
your signature?
Thanks.
2
Hello