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Home My WebLink About20210703.tiffRESOLUTION RE: APPROVE AMENDMENT #1 TO AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - JAMES DUNCAN AND ASSOCIATES, INC. 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 Amendment #1 to 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 James Duncan and Associates, Inc., commencing upon full execution of signatures, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment #1 to 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 James Duncan and Associates, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of March, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditifiA) Jdf.D;e1 SteMoreno_ Chair Weld County Clerk to the Board BY: APP' County At orney Date of signature: 3 ames, Pro-Tem Ike Freeman CC . pW (ER/crl) 3/t7/.2.‘ aine 2021-0703 EG0079 BC0055 Cantrac+ TD # 9533 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Amended Professional Services Agreement — 2021 Impact Fee Study DEPARTMENT: Public Works DATE: 2/25/2021 PERSON REQUESTING: Elizabeth Relford Brief description of the problem/issue: In accordance with the 2021 budget, Public Works is working with Duncan Associates (Clancy Mullen) on an amended professional services agreement (PSA) to perform various tasks that assist with the development of updating the county's impact fees for roads, drainage and general government facilities. This last update occurred in 2010 and with the recent update of the County's 2045 Transportation Plan it is good timing to revisit these fees to ascertain the correct nexus remains. Duncan Associates has submitted a scope of work (SOW) containing 6 tasks as identified in the following table: Task t 1: -Protect Organization 2 Staff Review Malt 3c `Putilidfleviewpraft 4, 0i`dinance AMendnie0s 5: Final Study/Ordinance 6: Public Meetings (4'assumed) • %tal 12.80 . $28,000 $7,00 $5;250 $9.500 $7:0,00 553.550 While these tasks can be completed prior to the end of the year, staff believes this effort can be accomplished within 6 months of approval of the contract. What options exist for the Board? (Include consequences, Impacts, costs, etc. of options): 1. Approve placing this pass around on the Board's agenda. 2. Schedule a work session to discuss. Recommendation: Staff recommends approval of the PSA and placing it on the next available BOCC agenda for consideration. Approve Schedule Re or' me dation Work Session Other/Comments: Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine 2021-0703 eGOo-1q — ec 0055 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN WELD COUNTY AND DUNCAN ASSOCIATES This AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is made as of March 8' , 2021, by and between the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of Weld County, whose address is P.O. Box 758, 1150 O Street, Greeley, CO ("Weld County"), and Duncan Associates, a professional corporation, whose address is 17409 Rush Pea Circle, Austin, TX 78738 ("Consultant"). WITNESSETH: WHEREAS, on January 11, 2010, Weld County and Consultant entered into an Agreement for Professional Services ("original Agreement") wherein Consultant agreed to perform various tasks to assist Weld County in developing updated impact fees for roads, drainage and general government facilities, and WHEREAS, County desires to engage the Consultant to perform certain services to update the 2010 impact fee study performed pursuant to the Original Agreement to determine if revisions might be necessary for the road impact fee provisions of the Weld County Code. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter provided, County and Consultant agree to amend various paragraphs the Original Agreement as follows: 2. 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 the attached Exhibit "A." Times for performance shall be extended for periods of delay resulting from circumstances over which Consultant has no control. 3. Services to be Performed. Consultant shall furnish services to County as set forth in Exhibits "A & B" which are attached hereto and incorporated herein by reference. 4. Compensation. For services provided by Consultant as described in Exhibit "B," County shall compensate Consultant, in accordance with the fee schedule outlined in the attached Exhibit "B" Payment of invoices shall be due to Consultant within thirty (30) days of receipt by County. All of the remaining provisions of the Original Agreement shall remain "as is" and in full force. Page 1 of 2 Pages IN WITNESS WHEREOF, Weld County and Consultant have caused this instrument to be signed by their respective duly authorized officers, all on the day and year first written above. DUNCAN ASSOCIATES ST: Clerk to th dirAvy .fichvyk. By: Clancy Mullen, Principal WELD COUNTY By: ^�y� Steve Moreno, Chair Page 2 of 2 Pages MAR 0 8 2021 boa/ -o 70,3 EXHIBIT "A" SCOPE OF SERVICES Project Understanding and Approach The purpose of this project is to assist Weld County in developing updated impact fees for roads, drainage and general government facilities. This will be an update of the 2010 impact fee study without major changes to methodology or approach, coupled with an evaluation of the potential need for changes to the impact fee ordinance (Chapter 20 of the County Code). 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. The consultant will rely on the County to provide local data and 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 a Microsoft Teams meeting with key members of County staff to discuss data needs as well as any issues related to the update. These could include adding land use categories to the fee schedules, modifying road impact fee benefit districts, or addressing administrative problems with potential code amendments. Following the meeting, the consultant will prepare a memorandum summarizing the organizational framework for the project and listing any additional data needs to be provided by the County. The County should provide the consultant, 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 • Building permit data on new single-family detached, multi -family and mobile home dwelling units in the unincorporated area, by year, 2010 through 2020 Prapert Appraiser • Building square feet land use code for unincorporated area and total county • Codebook for land use codes if needed Finance • Insured value listings for general government buildings • Fixed -asset listings for general government buildings l • Impact fee collection and expenditure reports for past five years and current fund balances • Most recent comprehensive annual financial report (CAFR) • Data on any 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) • Amount of state/federal grant funding for new general government buildings or building expansions over last S years, if any Road Impact Fee • Inventory of existing numbered County roads in the unincorporated area, including street name, segment length, number of lanes, cross-section, surface type, lane and shoulder widths, daily capacity and recent traffic count (we will send Excel spreadsheet from 2010, staff will need to edit to reflect improvement made over last ten years) • Generalized cost estimate per mile for (a) new 4 -lane rural arterial, (b) widen pavement and shoulder width on 2 -land rural collector, and (c) improve 2 -lane gravel road with recycled asphalt paving (we will send Excel file from 2010 study) • List of capacity improvements in the unincorporated area over the next 10 or 20 years, including street name, functional class, segment length, improvement description (new 4 - lane, new 2 -lane, widen 2-4 lanes, widen lane/shoulder width, coat gravel surface with recycled asphalt paving, and new 2 and 4 -lane bridges or widening from 2-4 (we will send Excel file from 2010 study) Drainage Impact Fee • Updated ratios of impervious sq. ft. to building square feet from those used in 2010 study: agriculture (1), residential (2), commercial (4), and industrial (6), if better estimates are available • Current square miles of unincorporated area • Current road -miles in unincorporated area • Culverts per square mile and per road -mile of numbered County roads for a representative area • Average cost to install a culvert Capital Expansion Impact Fee • Inventory of existing facilities and equipment (acres of land, building square footage, number of patrol cars, etc.) • Recent cost information in terms of land acquisition, buildings, patrol cars, etc. • Revenue sources used to fund capital expansion improvements over last five years Deliverables: Project Organization Meeting Project Organization Memorandum 2 Task 2: Staff Review Draft The consultant will work with staff to acquire the necessary local data, make tweaks to the methodology as appropriate, and prepare an initial draft of the impact fee study for staff review. The updated study will address road, drainage, and capacity expansion impact fees, and will be based on the same basic methodology used in the 2010 study. All the inputs into the impact fee formulas will be updated as required to ensure that the updated fees are based on the most current and accurate available data. The study will meet all the requirements of Colorado statutes and the dual rational nexus test enunciated by the courts. Deliverable: Staff Review Draft Task 3: Public Review Draft Following receipt of staff comments, consultant will make changes as necessary and prepare a revised draft suitable for the Commissioners review. Deliverable: Public Review Draft Task 4: Draft Ordinance Amendments Consultant will conduct a comprehensive review and evaluation of the existing impact fee ordinance, consult with the County Attorney, and assist the County Attorney in preparing draft regulatory amendments to implement the revised fees, including the revised fee schedule, potential phasing, and any other changes determined to be necessary or desirable. Deliverable: Draft Ordinance Amendments Task 5: Final Draft Study/Ordinance Following receipt of final staff comments and input by the County Commissioners, consultant will make revisions as necessary and appropriate and provide a final draft of the study and a final draft of the ordinance amendments to be presented to the public during a Commissioner hearing. Deliverables: Final Impact Fee Study Final Ordinance Amendments Electronic Files (Adobe Acrobat, Microsoft Word, and Microsoft Excel) 3 Task 6: Meetings Throughout the review process, the consultant will be available to remotely attend and participate inmeetings with the County Commission or other bodies. It is anticipated that there may be up to four such virtual meetings: 1. Kickoff meeting with Public Works, Planning and Finance. 2. Department meetings (as needed). 3. Department staff meeting to review the Draft Plan. 4. Present Draft Plan to BOCC. The consultant will prepare presentation materials as appropriate, make presentations and respond to questions about the updated study. Meetings materials should be provided a week in advance of the scheduled meetings. The consultant will also be available for additional meetings for additional compensation. Deliverable: Remote Attendance at up to Four (4) Meetings TIMELINE The project will likely take a minimum of six months from contract execution to completion, as illustrated in the figure below. Assuming staff can provide all the requested data within six weeks of contract execution, the staff review draft would be provided within the first two and a half months. The timing of subsequent deliverables will depend largely on the time required for staff review and the number and scheduling of public meetings. Trrsk 1 Months tram Profrct Start 2 3 4 5 6 1: Project Organization 2: Staff-Review'p raft 3: Public Review Draft 4: Ordinance Amendments 5: Final Study/Ordinance 6: Public Meetings (illustrative) • _ • 4 EXHIBIT "B" BUDGET AND COMPENSATION The total consultant fee for the scope of services shall not exceed $53,550, pursuant to the following cost breakdown for each task. Task 6 will be billed based on meetings attended. 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 Cost 1: Project Organization .2.: Staff Review Dfaft 3: Public Review Draft' 4, Qsdinancemertdinents 5: Final'Study/Ordinance 6: Public Meetings (4 assumed) Total 52,800 $28,000 $7,000 $5,250 $3,500 $7,000 $53,550 Additional remote meeting participation would be provided for a fixed -fee of $1,750 per meeting. Additional services may be provided as negotiated or on a time -and -expense basis. Our standard rate is $175 per hour. Expert witness assistance, if required, will be billed at one and one-half times the above hourly rate. 5 Contract Form Entity `information New Contract Request Entity Name* JAMES DUNCAN & ASSOCIATES, INC Entity ID* P00010250 0 ❑ New Entity? Contract Name* Contract ID AMENDED PROFESSIONAL SERVICES AGREEMENT - DUNCAN 4533 & ASSOCIATES - 2021 IMPACT FEE STUDY Contract Status CTB REVIEW Contract Lead* ERELFORD Contract Lear) Email erelfordOco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* AMENDING THE PSA TO PERFORM VARIOUS TASKS ASSOCIATED WITH THE DEVELOPMENT OF UPDATING THE COUNTYS IMPACT FEES FOR ROADS, DRAINAGE AND GENERAL GOVERNMENT FACILITIES. THE LAST UPDATE OCCURRED IN 2010. THE PSA IS ESTIMATED TO COST 553,550. Contract Desorption 2 Contract Type* AGREEMENT Amount* 553,550.00 Renewable* NO Autornatic Renewal Grant Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHeadcPweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EY@WELDG OV.COM Requested BOCC Agenda Date* 03/08,2021 Due Date 03/04/2021 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID tf this is part of a MSA enter MA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract elates Effective nate Termination Notice Period Review Date 12/01/2021 Committed Delivery Date Renewal Date Expiration Date* 12/31/2021 Originator ERELFORD Contact Type Contact Email Contact Phone i Contact 2 Pur Purchasing Approved Date Department Head JAY MCDONALD DH Approved Date 03103/2021 ROCC Agenda Date 03/08/2021 Dnance Approver BARB CONNOLLY Finance Approved ©3/03/2021 Tyler Ref # AG 030821 Legal Counsel BOB CHOATE Legal Counsel Approved Date 03/03/2021 Hello