HomeMy WebLinkAbout20021800 RESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT 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 a Professional Services Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Duncan Associates, 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 Professional Services Agreement 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 3rd day of July, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COL RADO
ATTEST: 144414W
_Sia Vas
Glerilicad, Chair
: kJr !
ld County Cler o3tld 1
David E. Long, Pro-Tem
: y Deputy Clerk to the rc ,` " ? EXCUSED
M. J. Geile
AP D AS F RM: °( -1 /
William H. Jerke
unty Attdrn4 EXCUSED
Robert D. Masden
Date of signature:
2002-1800
BC0032
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
WELD COUNTY AND DUNCAN ASSOCIATES
This Professional Services Agreement is made as of July 3 , 2002, by and between the
Weld County, a political subdivision of the State of Colorado (County) and Duncan
Associates, a professional incorporation located in Austin, Texas (Consultant).
WHEREAS, County desires to engage Consultant to perform certain services relating to the
preparation of development impact fee studies and ordinances for County;
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter
provided, County and Consultant agree as follows.
1. Scope of Agreement. Consultant's relationship to County 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 Agreement for Professional Services.
2. Professional Services. Consultant shall furnish services to County as set forth in
Exhibit "A," which is attached hereto and incorporated herein by reference.
3. Period of Service. Consultant shall begin its services promptly after receipt of an
executed copy of this Agreement and will complete the services pursuant to the
schedule set forth in Exhibit "A." Times for performance shall be extended for periods
of delay resulting from circumstances over which Consultant has no control.
4. Compensation. For services provided by Consultant as described in Exhibit"A,"
County shall compensate Consultant, in accordance with the fee schedule outlined in
Exhibit "B" Payment of invoices shall be due to Consultant within thirty (30) days of
receipt by County.
5. Subcontracting. It is understood that Consultant will retain the services of Felsburg,
Holt & Ullevig to perform certain services as presented in Exhibit "A."
6. Changes and Extra Work. County may, at any time, request changes in the work
to be performed hereunder. All such changes, including any increase or decrease in
Consultant compensation, which are mutually agreed upon by and between County
and Consultant, shall be incorporated in written addenda to this Agreement.
7. Conflict of Interest. Consultant 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. Consultant further agrees that, in the performance of this
Agreement, no person having any such interest shall be employed.
8. 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.
2002-1800
9. Ownership of Documents. All documents prepared in the performance of this
Agreement shall be delivered to County before final payment is made to Consultant.
10. Amendments. No amendments or modifications of this Agreement shall be valid
unless in writing and signed by each of the parties to the 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.
IN WITNESS WHEREOF, County and Consultant have caused this instrument to be signed
by their respective duly authorized officers, all on the day and year first above written.
ATTEST: DUNCAN ASSOCIATES
By: EQs
mes B. Duncan, President
ATTEST: g`il � a WELD COUNTY Board of Commissioners
Deputy Clerk to t (�'r•,r �t G enn Vaad, Ch • 7/03/2002)
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Exhibit A
Scope of Services
Understanding of Project
This is in response to Weld County's request for professional services to prepare an impact
fee study to implement a county-wide road impact fee to be assessed in the unincorporated
area for the six major road improvements identified in the County's recently-completed
Strategic Roadway Plan.
Our recommended approach is to develop the county-wide impact fee for the Strategic Plan
roads as an improvements-driven fee. The Windsor Area and Southwest Area road impact
fees could remain, but would need to be revised to take out the Strategic Plan roads. We
would also use the opportunity to update the Windsor Area fees by excluding the Town of
Windsor and updating the costs and other inputs (similar work was already done for the
Southwest Area fees less than a year ago).
Felsburg, Holt & Ullevig will assist us on this project. A major role for FHU will be to prepare
demographic forecasts and traffic projections for the unincorporated areas of the county.
These types of projections are critical for an improvements-driven approach.
We will prepare draft regulations to implement the update of existing fees and the
development of the additional fee. We will also have our attorney, Eric Damian Kelly, review
the revised regulations for consistency with the new Colorado impact fee statute (SB 15).
The fixed-fee proposal assumes a maximum of three person-days of attendance at local
meeting by out-of-state members of the consultant team. Any additional meetings shall be
in addition to the fixed-fee budget.
Task 1: Project Organization and Data Collection
Immediately upon contract execution, Consultant will communicate with key members of
County 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. The County should provide 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:
1. transportation master plan
2. current traffic counts and major roadway inventory data
3. most recent annual budget and comprehensive financial report
4. debt payment schedules for outstanding road bond issues
5. data on existing land use
6. comprehensive, land use and transportation plans
7. up-to-date map of city/town boundaries
At the conclusion of the task, 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 notification to proceed.
Deliverable: Project Organization Memorandum
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Task 2: Draft Southwest and Windsor Area Updates
An initial draft of a study will be prepared that will merge and update the two previous
studies for the Southwest and Windsor Area impact fees. These studies are the Road
Impact Fee Study: Windsor and Southwest Areas, June 1999 and Road Impact Fee Study:
Southwest Area Update, June 2001. The update will remove the Towns of Windsor and
Severance from the Windsor Area impact fee calculations, and remove Strategic Plan road
segments that will be included in the new county-wide fee from the Southwest and Windsor
Area impact fee calculations. The update will also review the cost estimates, traffic
volumes, trip rates, revenue credits and other factors to bring the studies up to date.
Deliverable: Draft Update Study for Southwest and Windsor Areas
Task 3: Draft Strategic Roadway Impact Fee Study
An initial draft of a study will be prepared that will use an improvements-driven methodology
to calculate a county-wide fee to be imposed on all new development in unincorporated
areas of the county to fund net growth-related cost of the six major improvements identified
by the County in its Strategic Roadway Plan. As part of this effort, we will:
Prepare traffic forecasts for the six Strategic Plan roads, using available information
from the North Front Range Regional Travel Demand Model, Greeley Transportation
Plan, Crossroad Study and other sources;
Coordinate with the County to refine as necessary and document construction cost
estimates for the Strategic Plan roads;
Prepare demographic forecasts for the unincorporated County, working with State
Demographer forecasts, North Front Range regional forecasts, City and Town
Comprehensive Plan information, and County Planning staff; and
Prepare a written report calculating the maximum impact fees that could be charged
by the County for the Strategic Plan roads.
Deliverable: Draft Strategic Roadway Impact Fee Study
Task 4: Draft Regulatory Changes
An initial draft of regulatory changes necessary to implement the update of the Southwest
and Windsor Area Impact Fee Study and the new Strategic Road Impact Fee Study will be
prepared for review by the County Attorney. The memorandum will include all changes
deemed necessary to comply with the Colorado impact fee enabling act (SB 15).
Deliverable: Draft Memorandum on Regulatory Changes
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Task 5: Final Reports
Following local review and receipt of comments from County staff and/or other stakeholders,
the Consultant will prepare final drafts of the work products. We will also deliver a CD
containing digital files for the studies in both native (WordPerfect) and Adobe Acrobat
format, as well as supporting spreadsheets in Excel format.
Deliverables: Road Impact Fee Study Update: Southwest Area and Windsor Area
Road Impact Fee Study: Strategic Roadways
Memorandum on Regulatory Changes
Digital Files and Supporting Spreadsheets
Task 6: Meeting Attendance
Members of the consultant team will be available to meet with County staff and to present
the draft and final work products to the County Commission and/or other groups throughout
the project. Meeting attendance by Denver-area members of the consultant team will
limited to four (4) person-days. Meeting attendance by out-of-state members of the
consultant team will be limited to four (4) person-days. Additional meeting attendance will
be billed on a time plus expense basis.
Deliverables: Four (4) Person-Days by Denver Area Team Members
Four (4) Person-Days by Out-of-State Team Members
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Exhibit B
COMPENSATION SCHEDULE
The total cost of the professional services described in this proposal is $70,000. This lump-
sum budget includes all direct and indirect expenses incurred by Consultant in performing the
services. The breakdown of project cost by task is presented below. County will be billed
monthly based on percent completion of individual tasks.
Task Cost
1: Project Organization $3,600
2: Draft SW/Windsor Area Study Update $16,000
3: Draft Strategic Roadway Impact Fee Study $24,300
4: Draft Regulatory Amendments $6,200
5: Final Reports $9,900
6: Meeting Attendance $10,000
Total $70,000
Additional consultant trips or other services beyond those specified in the scope of services
will be negotiated separately or billed on a time plus expense basis. Hourly billing rates for
Duncan Associates personnel are $150/hour for James Duncan, $125/hour for Clancy Mullen
and $175/hour for Eric Damian Kelly.
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