HomeMy WebLinkAbout990124.tiff PROFESSIONAL SERVICES AGREEMENT
BETWEEN
WELD COUNTY AND DUNCAN ASSOCIATES
Orbk-
THIS PROFESSIONAL SERVICES AGREEMENT is made as of i f' , 1998,
by and between the Weld County, a political subdivision of the State of Colorado (County),
whose address is 915 10th Street, Greeley, Colorado 80631, and Duncan Associates, a
professional corporation(Consultant), whose address is_ /12.74 r6u. €xi 8/.I Sit.
WITNESSETH: •
WHEREAS,County desires to engage Consultant to perform certain services relating to
the preparation of development impact fee studies and ordinances for County regarding the
County's transportation system,and
WHEREAS, such services are detailed in the attached Exhibit"A,"entitled: "Scope of
Services,"and
WHEREAS, Consultant has the resources and expertise to perform such services in
accordance with the terms of this Agreement and in consideration for the payment of the fees for
services rendered as set forth in the attached Exhibit"B."
NOW,TI3EREFORE,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. Consultant shall satisfy all
tax and other governmentally imposed responsibilities and no federal,state or local taxes
of any kind shall be withheld or paid by County,nor shall Consultant or his
subcontractors be entitled to any unemployment benefits or workers compensation paid
for by County_
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.
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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 of such
invoices by County.
5. Subcontracting. It is understood and agreed that Consultant will retain the services of
Felsburg,Holt&Ullevig and Craig Richardson to perform certain services as presented
in Exhibit"A."
6. C., angegplyd Extra Work. County may,at any time,request changes in the work to be
performed hereunder and specified in Exhibit"A." All such changes,including any
increase or decrease in Consultant compensation, which arc 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 agroes that,in the performance of this Agreement,no
person having any such interest shall be employed.
8. Termination. The obligation to prr.vide further services under this Agreement may be
terminated by tither party upon w;itten notice in the event of substantial failure by the
other party to i vrfonn in accordan.e with the terms hereof through no fault of the
terminating pa'ty. In the event of my termination,Consultant will be paid for all services
rendered to the date of such termiation.
9. Ownership of Documents. All do :uments prepared in the performance of'this Agreement
shall be delivered to County befon mal payment is made to Consultant. The parties agree
that all such 8 mcuments shall be :moldered to be owned by County once delivery has
occured.
10. Amendment& To amendments or,noditications of this Agreement shall be valid unless in
writing and sit ned by each of the .arties to the Agreement.
11. ,Severability.Any provision in this; greement that is prohibited or unenforceable under state
or federal law shall be ineffective to the extent of such prohibitions or unenforceability,
without invali 'ating the remaining provisions hereof.
12. Entire Agreement. The parties hereby agree that neither has made or authorized any
agreement with respect to the subject matter of this instrument other than expressly set forth
herein, and no oral representation, promise,or consideration different from the terms herein
contained shall be binding on either party, or its agents or employees, hereto. This
Agreement embodies all agreements between the parties hereto and there are no promises,
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terms, conditions, or obligations referring to the subject matter whereof other than as
contained herein.
13. No Waiver of 1rwwrity. No portion of this Agreement shall be deemed to constitute
a waiver of any immunities the patties or their officers or employees may possess,nor shall
any portion of this Agreement be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this Agreement.
14. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the
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.
15. Controlling LawNenue. This Agreement shall be construed and enforced in accordance with
the laws of the State of Colorado. Venue shall be proper in Weld District Court.
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.
DUNCAN ASSOCIATES
By:_________asn¢l�
es��B. Duncan,President
SUBSCRIBED AND SWORN to before me this 4,41 day of (Y�,.i,6ed , l9?j
WITNESS my hand and official seal.
Notary N t! .•e.•.,
My commission expires: 1 /L^Zonn _ _
ai7
•T/utY tC
•
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THE COUNTY OF WELD, a body politic
and corporate of the STATE OF
COLORADO, by and through
ATTEST: THE BOARD OF COUNTY
BY. Atiiii4/4/p9MIst_LONERS OF THE COUNTY OF WELD
BY: cater/r7�ZYrda/�1
Constance L.Harbert, Chair
Coq/ it/192)
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Exhibit A
Scope of Services
Task 1: Project Organization
Immediately upon contract execution, Consultant will meet 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.
County staff will include representatives from Public Works,Planning,Finance and County
Attorney departments. 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. transportation improvement program(TIP)and capital improvements program
4. zoning and subdivisions ordinances
5. most recent annual budget and comprehensive financial report
6. debt payment schedules for outstanding road bond issues
7. data on existing land use
8. municipal and subarea comprehensive,land use and transportation plans
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 organizational meeting.
Deliverable: Organizational Meeting(Three Person-Days) Project Organization
Memorandum
Task 2: Draft Roadway Improvement Plan
In this task, Consultant will prepare the initial draft of the Roadway Improvement Plan for the
two regions. The report will describe the existing roadway system,the functional classification
system and proposed design standards,projected traffic volumes and needed improvements and
costs. The draft of the Roadway Improvement Plan will be delivered within nine weeks of the
organizational meeting. The Plan will address the Following:
Task 2. 1: Develop Design Standards
Consultant will develop a functional classification system, including cross-sectional design
standards and desired level of service standards,appropriate for the urbanizing character of the
two areas. Existing and planned roadways will be classified according to the functional
classification system.
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Task 21- Compile Road Inventory
The County will compile an inventory of all existing and planned major roadways(e.g.,arterials
and collectors)within the two regions. State and federal highways will be excluded from the
major roadway inventory. At a minimum,the inventory will include information on the length of
each segment,the type of roadway,the number of lanes,and existing traffic volumes.
Consultant will develop generali,sd,planning-level capacity estimates based on explicit
assumptions about distributional split,percent of trips in peak hour,percent heavy trucks,and
other relevant factors. The service volumes that can be accommodated on each segment will
then be estimated based on the desired level of service.
Task 2.3: Prepare Travel Demand Forecasts
Consultant will compile available population and employment forecasts from a variety of
sources,including North Front Range and Upper Front Range regional forecasts; individual
jurisdictional forecasts;the Weld County Comprehensive Plan and any other County
demographic projections; the 1-25 Mixed Use Comprehensive Plan;and Frecasts prepared as
part of the ongoing North Corridor Transportation Alternatives Feasibility Study(TAFS).
Traffic forecasts on the study area major roadway network will then be based on existing traffic
volumes and forecasted growth in population and employment within study sub-areas.
Talc 2.4: Identify Improvement Needs
Consultant will identify needed road improvements within the two study areas based on a level-
ofservice analysis using projected volumes on existing roads. The need for new roads will be
based on adopted transportation plans; identification of roads that are needed to complete logical
study area roadway networks; and coordination with County and municipal staff. Planning-level
cost estimates will be prepared, based on per-foot costs for different types of improvements(e.g.,
new road versus road widening). The refined costs will also include major cost items such as
bridges.
Deliverables Draft Roadway Improvement Plan
Task 3: Draft Road Impact Fee Study
Assuming staff comments are received within one week of delivery of the draft Roadway
Improvement Plan,the public review draft of the Plan and the initial draft of the Road Impact
Fee Study will be delivered within five weeks of the completion of Task 2. The Road Impact Fee
study will be based on the Roadway Improvement Plan and will describe the methodology and
formula used to calculate the fees,document all data sources and assumptions,and include fee
schedules that represents the maximum road fees that could be charged by the County and each
municipality in the two regions. The Road Impact Fee Study will address the following:
Task3. 1: Describe Methodology
Consultant will describe the methodology and formula used to calculate the road impact fees.
Consultant proposes to use a"demand-driven"approach to the calculation of impact fees.
Essentially,the demand-driven approach requires that new development replace the capacity that
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it consumes in the major road system, usually on a one-for-one basis. In the demand-driven
system,the average cost per vehicle-mile of travel(VMT)is calculated by taking a representative
list of improvements and dividing the total cost by the total capacity created by the
improvements. A unit of capacity is a vehicle-mile of capacity(VMC).
Task 3.2: Perform Deficiency Analysis
Consultant will review existing operating conditions on the major roadway network as
represented in the inventory in the Roadway Improvement Plan to determine the extent of any
existing capacity deficiencies. The percent of total travel that is in excess of individual segment
service volume capacity will be calculated, and the impact fee will be reduced by that percentage.
Tn this way, new development's not charged to correct existing deficiencies,while road impact
fees are not restricted from being used on roadways that need to be expanded.
Task 3.3: Determine Average Trip Length
Consultant will determine the average vehicle-miles of travel (VMT)on the major roadway
system generated by a new trip origin or destination within each of the study areas.
Task 3.4: Determine Average Cost of New Capacity
The total cost of the improveni •nts identified in the Roadway improvement Plan will be divided
by the total VMC added by the improvements to determine the average cost per VMC.
Task 3.5: Calculate Revenue Credits
To ensure that new development does not pay twice for the same facilities,the impact fec will
need to be reduced to account tt 1)revenues that will be generated by new development and
used to retire outstanding debt Jr past improvements to the major roadway system;2) state and
federal gasoline tax revenues that are returned to the County and municipalities to be used for
road capital improvements; and 3)direct state and federal highway funding of improvements to
the major road way system. In order to calculate the revenue credits, Consultant will need the
following information from the County and each municipality:
I. debt service schedules for out standing road improvement bonds for each of last five years;
2. amount of state funds received and spent on road capital improvements for each of last five
years;and
3. direct state and federal highway funding for major roadway improvements(available from
TIP)
Based on this information, Consultant will calculate a revenue credit per VMT for each
jurisdiction. Revenue credits, i;lus any percentage for existing deficiencies as determined in
Task 3.2,will then be deducted from the cost per VMT to determine net costs per VMT that will
be used in fee schedules.
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Task 3.6: Develop Travel Demand Schedule
Consultant will develop a travel demand schedule for a range of typical land use types. The
demand schedule will combine information on trip generation,pushy and diverted-link trips and
average trip length to determine the VMT on the major roadway system generated by a unit of
development(e.g.,residential dwelling or nonresidential 1,000 square feet)for each land use
type. The travel demand schedule will be based on travel during the evening peak hour,and will
be based on national published data on trip generation and local data on average trip lengths on
the major roadway system in the two study areas.
Task 3.7:DevelepNet Cost Schedule
Consultant will develop net cost schedules based on the travel demand schedule developed in
Task 3.6 and the net costs per VMT calculated in Task 3.5. These net cost schedules will
represent the maximum road impact fees that the County and the municipalities could charge
new development in the two study areas. The governing bodies could decide to charge less than
the net cost, provided that the fee is reduced proportionately for all land uses so that the
proportionality between demand on the major road system and the road impact fee is preserved.
Task 3.8: Recommend Geographic Areas
Consultant will recommend appropriate service areas and benefit districts. A service area is an
area subject to the same impact fee schedule. A service area may contain one or more benefit
districts, within which fees that are collected must be spent. The budget for this project assumes
that each of the study areas will be a single service area,although different fee schedules may
apply within cities based on different revenue credits. Based on a review of travel patterns and
development potential, as well as consultation with County staff, Consultant will recommend
that one or more benefit districts be established within each study area_ Consultant will prepare
impact fcc revenue projections based on the net cost schedule and the development projections
for each benefit district within the study area. Potential methods for determining how these
revenues will be prioritized for expenditure on County and municipal roadway needs within each
service area will be discussed.
Deliverables: Public Review Draft of Roadway Improvement Plan Draft Road Impact Fee
Study
Task 4: Local Review Meetings on Plan/Study
Meetings with County and participating municipal staff; attorneys and/or elected officials will be
held following delivery of the Roadway Improvement Plan and draft Road Impact Fee Study. At
least one meeting to allow citizen input will be held. These meetings will be scheduled
approximately one week after delivery of the draft to provide time for local review prior to the
meetings. Consultant will prepare exhibits and handouts suitable for public meetings that
illustrate and summarize the results and recommendations of Tasks 2 and 3. This task is limited
to a maximum of six person-days of Consultant time.
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Deliverables: Local Review Meetings (Six Person-Days)
•
Task 5: Draft Implementation Documents
Consultant will prepare a draft impact fee resolution for County,a model ordinance for adoptions
by participating municipalities and a model intergovernmental agreement(ICA)to implement
the regional road impact fee system for the two study areas. The implementation documents will
be sufficiently easy-to-understand and well-defined that they will eliminate the need for a
separate administrative manual. They will address,but not be limited to, such procedural issues
as:
• impact Ice schedules;
• phase-in provisions;
• independent fee study criteria and standards;
• methodology for fee collection utilizing the existing Weld County framework;
• pre- and post-ordinance credit provisions;
• accounting and expenditure provisions;
• waiver and exemption requirements;
• refunding alternatives and procedures;
• procedures for prioritizing impact fee expenditures; and
• periodic update requirements.
The draft resolution will incorporate County's standard format and will be structured
either as a standalone ordinance to be codified later or an amendment to a specific section
of the County Code, as directed by County. An initial working draft of the
implementation documents will be provided to the County Attorney for review and
comment prior to delivery of the public review draft. The public review draft will be
delivered within eight weeks of the completion of Task 4.
Deliverables: Staff Review Draft Resolution, Model Ordnance and Model IGA Public
Review Draft Resolution, Model Ordinance and Model/G4
Task 6: Local Review Meeting on Implementation Documents
A meeting with County and participating municipal staff, attorneys and/or elected
officials will be held following delivery of the public review draft of the implementation
documents. These meetings will be scheduled approximately one week after delivery of
the drafts to provide time for staff review prior to the meetings. Consultant will prepare
exhibits and handouts suitable for public meetings that illustrate and summarize the
results and recommendstions of Task 5. This task is limited to a maximum of three
person-days of Consultant time.
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Deliverables: Local Review Meeting(Three Person Days)
Task 7: Final Report
Following review and comment on the draft road impact fee study and implementing
documents, Consultant will make appropriate revisions and provide food drafts of the
Roadway Improvement Plan, Road Impact Fee Study, County road impact fee resolution,
model municipal road impact fee ordinance and model intergovernmental agreement.
Final drafts will be delivered within four weeks of the completion of Task 6.
Deliverables: Final Draft Roadway Improvement Plan
Final Draft Road Impact Fee Study
Final Draft Resoluton, Model Ordnance and Model IGSA
Task 8: Final Presentations
A principal of the Consultant will attend a study session and a public hearing to present
the impact fee study and implementation documents to the Board of County
Commissioners, Planning Commission and the governing bodies of participating
municipalities.
Deliverables: Attendance at Three (3) Public Meetings
Task 9: Implementation Assistance
Following the final presentations,Consultant will prepare a final set of revisions to the
Roadway Improvement Plan, Road Impact Fee Study and implementation documents,if
necessary to reflect changes made by the Board of County Commissioners. Consultant
will deliver to County original and magnetic disk versions of all documents and
supporting spreadsheets and models. Consultant will also provide sample administrative
forms and be available for up to 40 hours of telephone assistance to assist in the
establishment of the administrative structure for the impact fee system.
Deliverables: Final Revisions to Plan, Study and Implementation Documents
Original and Magnetic Disk Versions of Documents/Spreadsheets
Sample Administrative Forms
Telephone Assistance (40 Hours)
Project Schedule
The project schedule outlined in the scope of services is summarized in the following
flowchart. As shown below, it is anticipated that final report documents can be
completed in six months, depending upon local review time. The illustrated timeline is
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approximate and subject to modification.
•
Months from Project Start. at County
• Task u 2 3 4 5 6 Discretion
I:Project Organization *:
2: Draft Roadway Improvement Plan
3:Draft Impact Fee Study
4:Local Review Meetings on Plan/Study *
5:Draft Implementation Documents : 1'"+
6:Local Peview Meeting on Documents
.L�t^
7: Final Report �`'
8:Final Presentations * *
9:Implementation Assistance •
• • = deliverable work product * =meeting/public hearing
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Exhibit B
Fee Schedule
The total cost of the professional services described in this proposal is$99,140. 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 $3,980
2: Draft Roadway Improvement Plan $23,100
3: Draft Impact Pee Study $19,100
4: Local Review Meeting on Plan/Study $7,410
5: Draft Implementation Documents $12,200
6: Local Review Meeting on Documents $4,930
7: Final Report $15,200
8: Final Presentations $3,420
9: Implementation Assistance $9,800
Total $99,140
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 Consultant personnel are$120/hour for
James Duncan,$90/hour for Clancy Mullen and$125/hour for Craig Richardson.
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