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HomeMy WebLinkAbout06- Tindale-Oliver & Assoc. Professional Services Agreement for Planning (2) PROFESSIONAL SERVICES AGREEMENT FOR PLANNING SERVICES 'f'" ' This Agreement is made this L day of ~ 2006, by and between CITY OF BOZEMAN, P.O. Box 1230, Bozeman, Montana, a Municipal Corporation of the State of Montana, ("City"), and Tindale-Oliver & Associates, 1000 North Ashley Drive, Suite 100, Tampa, FL 33602-3719 ("Consultant"). RECITALS A. City desires to employ Consultant to furnish specific services of a professional planning and financial nature. B. Consultant agrees to furnish such services in accordance with the conditions herein provided and will carry out the duties and obligations imposed by the Contract. C. The City of Bozeman designates the Director of Planning and Community Development as the representative to administer this contract. D. Articles 1, 5 and 13 of this agreement allow for revision upon mutual written agreement ofthe parti es. AGREEMENT Subject to the provisions herein set forth and in consideration of the mutual covenants herein contained, Consultant agrees to furnish, and the City agrees to accept, certain specified services and products to include; updates to the City's Street impact fee study, more fully described in Attachment A. Such services and products shall be referred to as the Work. All services described herein are to be performed by Consultant and/or its contractors in accordance with the most commonly accepted standards and practices of the impact fee development field. Consultant will use final product technologies that are acceptable to the City in order to satisfy the broadest distribution of the document possible. Article 1. CONTRACT TIME. The Work will be completed within 270 calendar days after the date of this agreement. The total time may be adjusted at the mutual written agreement of both City and Consultant. Article 2. CONTRACT PRICE. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the total sum (subject to adjustment as provided in the Contract Documents) of One Hundred Sixty-Seven Thousand Nine Hundred Eleven Dollars ($167,911 ). CONTRACTOR recognizes that the total sum is the aggregated amount all services described in the scope in Attachment A. OWNER retains the right to a refund contingent upon satisfactory completion of the Work in accordance with this agreement. The total sum may be adjusted at the mutual written agreement of both City and Consultant. Article 3. PAYMENT PROCEDURES. Not more than 90% (ninety percent) of Payment will be provided by OWNER to CONTRACTOR upon submittal of monthly invoices. Remaining Payment will be provided by OWNER to CONTRACTOR upon completion of the entire Work. Payment will not exceed 60% of the contract price prior to delivery of the initial public review draft of the work. OWNER retains the right to a refund contingent upon satisfactory completion of the Work in accordance with this agreement. Article 4. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 4.1 CONSULTANT has familiarized himself with the nature and extent of the Contract, Work, locality, and with all local conditions and federal, state and local laws, growth policies, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 4.2 CONSULTANT represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely marmer and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the fights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. Article 5. SCOPE OF WORK The Work shall consist of the preparation of the work described in the Scope of Services contained in Attachment <<A". If CITY wishes CONSULTANT to perform additional services, CITY shall so instruct CONSULT ANT in writing. The performance, cost, and time frame of the additional services shall be subject to mutual written agreement of both City and Consultant. Article 6. INSURANCE CONSULTANT agrees to keep in force during the entire period of this Agreement professional liability insurance and such general liability insurance as will protect it and the City from claims, including claims under worker's compensation and other employee benefit laws that are applicable, for bodily injury and death, and for property damage that may arise out of work under this agreement whether directly or indirectly by CONSULTANT, or directly or indirectly by sub- contractors hired by CONSULTANT. Minimum liability limits shall not be less than $1.0 million general liability and $1.0 million automobile liability. CONSULTANT shall provide proof of workers compensation insurance at the State statutory limits, unless CONSULTANT provides an exemption from the State Department of Labor & lndustry. The City has the right to require that the City be named as an additional insured under said insurance coverage. Article 7.lNDEMNITY Consultant shall indemnify and hold harmless the City, its officers, directors, and employees, against any and all claims, that arise from the negligent performance of the Consultant's work herein described. The obligations of the Consultant to indemnify and hold harmless the City of Bozeman will apply to any suit, cause of action, claim, loss, cost or obligation including, without limitation, those alleged under the common law or pursuant to a federal or state statute or regulation including those arising from the negligent acts, errors or omissions of the Consultant. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. Article 8. INDEPENDENT CONTRACTOR CONSULTANT acknowledges that the services rendered under this Agreement shall be solely as an independent contractor. CONSULTANT shall not enter into any contract or commitment on behalf of City. CONSULTANT further acknowledges that it is not considered an affiliate or subsidiary of City, and is not entitled to any City employment rights or benefits. It is expressly understood that this undertaking is not a joint venture. Article 9. GRANT / WORK MADE FOR HIRE To the extent that CONSULTANT'S Work includes any work of authorship entitled to protection under the copyright laws of the United States or elsewhere, the parties agree that: CONSULTANT'S Work has been specially ordered and commissioned by the City as a contribution to a collective work, a supplemental work, or such other category of work as may be eligible for treatment as a "work made for hire"; CONSULTANT is an independent contractor and not an employee, partner, joint author or joint venturer of the CITY; CONSULTANT'S Work shall be deemed to be a "commissioned work" and a "work made for hire" to the greatest extent possible under the law; and the CITY shall have the right to use, execute, reproduce, display, perform, distribute internally or externally, and prepare derivative works of the CONSULTANT'S Work. To the extent that CONSULTANT'S work is not properly characterized as a "work made for hire," then CONSULTANT shall, at its own expense, cause the CITY to have and obtain the right and license to use, execute, reproduce, display, perform, distribute internally or externally, and prepare derivative works based upon all such works and derivative works thereof and shall provide to the CITY a written license granting the CITY such rights. It is the intent of the parties that the specific work subject to said license shall be comprised of text, illustrations, calculations, photographs, and all other works Consultant copies that may belong to third parties for which license for use is required. Article 10. OFFICE RULES CONSULTANT shall comply with all office rules and regulations, including security requirements, when on City premises. Article 11. CONFLICT OF INTEREST CONSULTANT shall not offer or give a gratuity of any type to any City employee or agent. Article 12. GOVERNING LAW This Agreement shall be construed and enforced in accordance with the laws of the State of Montana. In the event of dispute regarding the terms of this Agreement, the parties agree to attempt mediation of the conflict prior to pursuing litigation. Venue shall be in Gallatin County, 18th Judicial District. Article 13. ENTIRE AGREEMENT AND NOTICE This Agreement contains the entire understanding of the parties and may not be amended without the specific written consent of both parties. Any notice given under this Agreement shall be sufficient if it is in writing and if sent by certified or registered mail. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above written. TlNDALflOLIV~R & ~SSOC~AT~S, INe. j /.'"JLl' i,)>"fr^,,;r;r' ,- By: ? I- U/'VL'': /Vt.{jC:' l.:.l';,t, {~> Robert P. Wallace: Vice President <<..-,.. , CITY OF BOZEMAN By:~A. ,~ Chris Kukulski, City Manager Attachment A Scope of Services Transportation Impact Fee and Trip Characteristic Studies City of Bozeman Prepared by Tindale-Oliver & Associates (April 10, 2006) At the request of the City of Bozeman, Tindale-Oliver & Associates, Inc. (rOA) prcpared a scope of services to update the County's transportation impact fee. It is understood that the City of Bozeman's primary goal is to update the existing impact fee program and implement a program that is fair, equitahle and legally defensible. In addition, the city is interested in an analysis that evaluates funding sources for the non-growth related components of infrastructure and how growth and non-growth related funds interact. In order to achieve a technically sound analysis, the approach to updating the transportation impact fee will include the following tasks. . Task 1: Project Organization . Task 2: Review and Analysis . Task 3: Evaluation of Funding Sources and Rate Studies . Task 4: Draft Report . Task 5: Meetings and Public Participation . Task 6: Final Report . Task 7: Trip Characteristic Studies . Task 8: Ordinance Amendment (optional services) These tasks are summarized in the remainder of this scope of services. TASK 1 - PROJECT ORGANIZATION Upon execution of the contract, the Consultant will prepare and forward to the city's Project Manager a data needs memo. It is requested that the city Project Manager assemble as much of the requested data as possible and have it available prior to or at the kickoff meeting. The Consultant will meet with key members of city staff to receive available information related to the project, identify and discuss major technical and policy issues, coordinate staff/Consultant responsibilities, and refine the project schedule. The Consultant will collect and review current impact fee ordinance and fee schedules, economic and demographic data, and other general background information relatcd to the transportation impact fee update. This work effort will be documented in the Draft Report. Tindale-Oliver & Associates, Inc. April] 0, 2006 - City of Bozeman Transportation Impact Fee TASK 2 - REVIEW AND ANALYSIS The Consultant will analyze the existing fee structure to assure that the fees assessed are sufficient and appropriate to address the public facility impacts based on the city's adopted policies. In addition, the Consultant will review whether the existing fee calculation methodologies are in compliance with the new state legislation on impact fees. The evaluation of the transportation (street) impact fee program will result in an updated transportation impact fce that reflects the costs to provide capacity expansion roadway improvements in the City of Bozeman. This work effort is summarized below and will include the review of currcnt travel demand, construction costs, credits, and trip characteristics for residential and non-residential land uscs. Data Collection and Background Review The Consultant will provide a comprehensive listing of the data needs for moving forward with the update ofthe transportation impact fee program. TOA will review all relevant background information and data provided by the city that will be used to develop the inventory of typical projects to be used in the calculation of the transportation impact fee. This work effort will be documented in the Draft Report. Service Area and Demand Component The trip generation rate, trip length, and percent new trip factors will be reviewed as part of this update. Travel data will be used as available from the trip characteristics studies performed in Ta<;k 7, the Consultant's database of trip characteristics compiled over the past 17 years, and other information provided by the city. The city's economic, demographic, and geographic characteristics will be evaluated to determine which communities included in the TOA database are most similar to Bozeman. This analysis will a<;sist the Consultant in determining trip characteristics that are most representative of the local community. This approach will result in more accurate trip characteristics than relying only on national data for calculating the demand component of the transportation impact fee. The result of this work effort will be a revised demand component. Ibis work effort will be documented in the Draft Report. Tindale-Oliver & Associates, Inc. AprillO, 2006 2 City of Bozeman Transportation Impact Fee Cost Component The Consultant will review transportation improvements and associated costs of improvements (as available from the city's Capital Improvement Program, Greater Bozem(ill Area 'fransportation Plan, and the Montana Depmiment of Transportation's STIP). The Consultant will review the construction costs of projects completed during the last five years (with more emphasis being placed on costs of projects bid or completed in the last 18 months) to determine ifprojected costs are reasonable compared to historical trends. city, county, and state costs will be documented and reviewed for reasonableness. Recommendations will be made concerning an updated unit cost of construction to be used in the impact fee equation. This work effort will be documented in the Draft Report. Credit Component The review of the credit component will include historical, current, and projected revenues used to fund capital transportation projects that add capacity to the road system in the City of Bozeman. The rcsult of this work effort will bc an updated calculation of the equivalent number of pennies of gas tax available from all revenue sources that are used to fund capacity expansion projects in the city. This work effort will he documented in the Draft Report. Impact Fee Spreadsheets The Consultant ha<; developed spreadsheet tools for the transportation impact fee program that provide the [mal impact fee schedule and allows for the documentation of trip characteristics, cost and credit figures, other variables used in the calculation ofthe impact fee (such as fuel efficiency, discount rate and period, interstate travel adjustment, etc.), and the projection of impact fee revenues. These spreadsheets are structured to allow easy updating of variables in the impact fee formula. This supports the evaluation of "what if' scenarios in an efficient and effective manner. These spreadsheets will be used to create tables that will be included in the Draft Report. Indexing In addition to updating the fee schedules, the Consultant will develop appropriate indices for the transportation impact fee. This index can then be used to calculate an indexed impact fee that allows for automatic fee increases between updates of the transportation impact fee program. This work effort will be documented in the Draft Report. Tindale-Oliver & Associates, Inc. April 10, 2006 3 City of Bozeman Transportation Impact Fee TASK 3 - EV ALUA TION OF FUNDING SOURCES The Consultant will evaluate transportation expenditure and revenue policics ofthc City that have been used to allocate revenucs for capital and operations. This will also include reviewing both historical and projected capital and operating expenditurcs for transportation. In performing this work, TOA will work with the City of Bozeman Finance, Planning and Engincering departments to document current and potential revenues sources for capital and operations. In addition, revenue estimates will be developed for transportation impact fees based on historical and projected growth rates and building permits. The projected impact fee revenues will be compared to the available non-impact funding sources. This evaluation will assist in determining the availability of non-impact fee revenues for use in funding operational expenditures. This work effort will be documented in the Draft Report and used as a guide by the city in making future transportation operational and capital budget policy decisions. TASK 4 - DRAFT REPORT The work eflort described abovc will be documented in the Draft Report. The report will summarize the methodology, assumptions, and documentation used in updating the impact fee formulas and determining the available funding for operational and capital expenditures. As mentioned previously, this report will include the revised fee schedulc for the updated transportation impact fee. It is understood that the city is interested in developing additional affordable housing. In the past, TOA ha'5 provided impact fee schedules that include low-income housing as a separate land use. Based on research and analysis conducted by TOA, it was determined that people with certain levels of income tend to generate fewer trips, which in turn reduces their impact on many public infrastructure categories, including transportation. This reduced impact can be reflected in the fee schedule, and the resulting lower impact fees can be one of the tools that encourage affordable housing development. TASK 5 - MEETINGS AND HEARINGS The Consultant will coordinate and facilitate meetings with the City of Bozeman, including: . 2 meetings with city staff (kickoff meeting and 1 review meeting) . 2 conference calls with City staff a,,<;; necessary, to coordinate study efforts . 2 meetings with the Impact Fee Review Committee . 2 workshops/hearings with the City Council Tindale-Oliver & Associates, Inc. AprillO, 2006 4 City of Bozeman Transportation Impact Fee TASK 6 - FINAL REPORT Based on the direction received from city staff and the public involvement process, the Consultant will prepare the final report for the implementation of an updated transportation impact fee schedule. This report will serve as the technical support document for implementing the ordinance and reflect all technical calculations and methodologies. TASK 7 - TRII) CHARACTERISTICS STUDIES IOA has extensive experience in conducting trip characteristics studies for impact fees, including over 200 studies on 40 different land uses. Data from these studies include trip generation, trip length, and percent new trips for each land use. Ibcsc data have bccn uscd in the development of impact fees and the creation of land use plan category trip characteristics for numerous communities. Ibe Consultant will conduct trip characteristics studies to support the transportation impact fee update. The results of these studies will be compared to the trip characteristics used in the demand component of the current Transportation Impact Fee and to the trip chardcteristics of similar land uses contained in a database developed by TOA over the past 17 years. Based on this review, the Consultant will develop the rccommended land uses and trip characteristics to be used in the demand component of the transportation impact fee schedule. Trip Characteristics Studies for Residential Land Uses Local trip characteristic studies will be collcctcd for the singlc~farnily residential land use. Five sites will be selected through a joint effort between the Consultant and County stair. County staff will provide a list of 8 to 10 candidate sites. This will include aerials of each candidate site. The Consultant will undertake field visits to each candidate site to determine the feasibility of studying a given site. Sites will be selected based on age, percent of occupancy, ease of data collection, including number and desib1Jl of access points, and similarity to development occurring in the City of Bozeman. Site review will occur during the Kick-off Meeting Trip. It will bc the responsibility of County staff to secure approval for conducting studies at the selected sites. Data collected at the sites will include 72 consecutive hours of traffic counts and site origin/destination surveys, and occupancy rates. The origin/destination surveys will be used to determine the average trip length of travel and percent new trips, Tindale-Oliver & Associates, Inc. AprillO, 2006 5 City of Bozeman Transportation Impact Fee and the traffic counts will bc used to develop a trip generation rate for cach land usc. Rcsults from these studies, along with the Consultant's trip characteristics database, will bc used to update the demand component of the transportation impact fee. Trip Characteristics Studies for Non-Residential Land Uses Local trip characteristic studies will be collected for two non-residential land uses (office and shopping center). Three sites will be selected for each land use through a joint effort between the Consultant and County staff. County staff will provide a list of 5 to 7 candidate sites for each land use. This will include aerials of each candidate site. The Consultant will undertake field visits to each candidate site to determine the feasibility of studying a given site. Sites will be selected based on age, percent of occupancy, ea<;e of data collection, including number and design of access points, and similarity to development occurring in the City of Bozeman. Site review will occur during the Kick- otfMeeting Trip. It will be the responsibility of County staff to securc approval f()[ conducting studies at the selected sites. Data collected at the sites will include 72 consecutive hours of traffic counts and site origin/destination surveys, and occupancy rates. The origin/destination surveys will be used to determine the average trip length of travel and percent new trips, and the traffic counts will be uscd to develop a trip generation rate for each land use. Results from these studies, along with the Consultant's trip characteristics database, will be used to update the demand component of the transportation impact fee. TASK 8 - ORDINANCE AMENDMENT The legal sub-consultant will review the existing ordinance for the transportation impact fee, prepare a revised draft ordinance, conduct a conference call betwecn the Consulting team and city staff, and finalize the updated ordinance. Additionally, the legal sub- consultant will attend one workshop/adoption hearing to answer any questions concerning the updated transportation impact fee ordinance. DELIVERABLES The TOA Team will provide two hard copies and one PDF copy of preliminary and final drafts of all documents. Documents will be provided at least ten working days prior to any public hearing or meeting with the City Commission. In addition, user friendly presentations will be developed to support the workshops/hearings with the City Council and the citizens of the City of Bozeman. Tindalc-Oliver & Associates, Inc. April 10, 2006 6 City of Bozeman Transportation Impact Fee PROJECT SCHEDULE The draft report will be submitted within 6 months from notice to proceed. The remaining schcdule is contingent upon the ability to schedule workshops and hearings with thc City Council. It is anticipated, however, that thc transportation impact fee will be updated and adopted within nine months of notice to proceed. Tindale-Oliver & Associates, Inc. April ] 0, 2006 7 City of Bozeman Transportation Impact Fee PROJECT BUDGET The project budget is summarized in following table. City of Bozeman Transportation Impact Fee and Trip Characteristics Studies Budget (Apri/10, 2006) Task Task Description Budget Transportation Impact Fee Update 1 Project Organization $1,904 2 Review & Analysis $41,705 3 Evaluation of Funding Sources & Rate Studies $10,905 4 Draft Report $3,487 5 Meetings & Public Participation $4,167 6 Final Report $1,965 8 Ordinance Amendment, Transportation Only $7,000 Project Expense for TIF (See Attached) $9,895 Total Transportation Impact Fee Update $81,028 Trip Characteristic Studies (TeS) ~ 11 Sites 7 Trip Characteristic Studies (TCS) $67,374 Marvin & Associates (traffic counts, 010 survey support) $15,890 Project Expense for TCS (See Attached) $3,619 Total Trip Characteristic Studies (TCS) - 11 Sites $86,883 Total All Work $167,911 Tindale-Oliver & Associates, Inc. April 10, 2006 8 City of Bozeman Transportation Impact Fee Summary Of Expenses for Transportation Impact Fee Study Unit Cost Units Total Cost Airfare (8 plane trips; 4 with one person attending and 2 with 2 persons $600 00 8 $4,800.00 attendinq) Hotel(21 person niqhts) $125,00 21 $2,625,00 Rental Car and Expenses (21 rental days) $50,00 21 $1,05000 Printing Costs (black and white copies of draft materials, final report delivered via $0,07 400 $2800 CD and email) Presentation Copies (4 presentations X 8 color sheets per presentation X 10 $0,85 320 $272,00 copies each presnetation) Per Diem Days (28 days) $40,00 28 $1,120.00 Tyson Smith - One Trip (Airfare, Hotel, Per Diem) $800.00 1 $800,00 Total Direct Expenses (excludinq Optional Services) $9,895,00 , Summary Of Expenses for Trip Characteristic Studies Unit Cost Units Total Cost Airfare (2 trips, 1 for residentil, 1 for non-residential studies) $600,00 1 $600,00 Hotel (2 trips, 1 staff, 5 niqhts) $125.00 10 $1,250,00 Rental Car and Expenses (12 rental days) $50,00 25 $1,250.00 Printing Costs (black and white copies of draft materials, final report delivered via $007 550 $38,50 CD and email) Presentation Copies $085 0 $000 Per Diem Days (12 days) $40 00 12 $480.00 otal Direct Expenses (excludino ODtianal Services) $3,618,50 The following schedule of hourly rates will be used to develop a budget estimate for any requested services not covered in Tasks One to Eight above. Hourly Rates for Additional Services Transportation Impact Fee and Trip Characteristic Studies ~~'-~ ~~.~ ,,- Job Classification Hourly Rate --,-- .~..,.,.,.~ .,_.~ Project Director $185.00 Project Manager $154.00 Sf. Engineer/Planner $114.00 - Engineer/Planner $75.00 . Data/GIS Specialist $65.00 -- Engineering Tech/Data Collection $50.00 - - Temporary Data Collector $25.00 Admin/Clerical $47.00 Tindalc-Oliver & Associates, Inc. April 10, 2006 9 City of Bozeman Transportation Impact Fee