HomeMy WebLinkAbout06- Tindale-Oliver & Assoc. Professional Services Agreement for Planning, 2006
PROFESSIONAL SERVICES AGREEMENT FOR PLANNING SERVICES
This Agreement is made thisY~ of ~~06, 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
parties.
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 manner 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 rights 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 & Industry. The City has the right to
require that the City be named as an additional insured under said insurance coverage.
Article 7. INDEMNITY
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 WIder 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
CONSUL T ANT 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 oftext, 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.
TIND~ ..... O.I.;L., IV...E.R.~~S~5)CIA :.'. ~S, INe.
B;; tf1l1!ti/7i7t?lfiil':'
Ro eft P. Wallace, Vice President
CITY OF BO~EMA~J n (\. (\ \
By:C~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. (TOA) prepared
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, equitable 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 ofthis scope of services.
TASK 1 ~ PROJECT ORGANIZATION
Upon execution ofthe 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 related to the
transportation impact fee update. This work effort will be docwnented in the Draft
Report.
Tindale-Oliver & Associates, Inc.
April 10, 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 ofthe transportation (street) impact fee program will result in an updated
transportation impact fee 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 current travel demand, construction costs, credits, and trip
characteristics for residential and non-residential land uses.
Data Collection and Background Review
The Consultant will provide a comprehensive listing of the data needs for moving
forward with the update of the 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 Task 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 assist 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. This work effort will be documented in the Draft Report.
Tindale-Oliver & Associates, Inc.
April 10, 2006
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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
Bozeman Area Transportation Plan, and the Montana Department 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 ofthe 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 result ofthis work effort will be 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 be documented
in the Draft Report.
Impact Fee Spreadsheets
The Consultant has developed spreadsheet tools for the transportation impact fee program
that provide the final impact fee schedule and allows for the documentation of trip
characteristics, cost and credit figures, other variables used in the calculation of the
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. Ibis work effort will be documented in the Draft Report.
Tindale-Oliver & Associates, Inc.
April ] 0, 2006
3
City of Bozeman
Transportation Impact Fee
TASK 3 - EVALUATION OF FUNDING SOURCES
The Consultant will evaluate transportation expenditure and revenue policies of the City
that have been used to allocate revenues for capital and operations. This will also include
reviewing both historical and projected capital and operating expenditures for
transportation. In performing this work, TOA will work with the City of Bozeman
Finance, Planning and Engineering 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 fimding 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 effort described above 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 schedule
for the updated transportation impact fee.
It is understood that the city is interested in developing additional affordable housing. In
the past, TOA has 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 ] review meeting)
. 2 conference calls with City staff as necessary, to coordinate study efforts
. 2 meetings with the Impact Fee Review Committee
. 2 workshopslhearings with the City Council
Tindale-Oliver & Associates, Tne.
April 10, 2006
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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 - TRIP CHARACTERISTICS STUDIES
TOA 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. These data have been
used in the development of impact fees and the creation of land use plan category trip
characteristics for numerous communities.
The 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 hopact Fee and to the trip
characteristics 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 recommended 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 collected for the single-family residential land
use. Five sites will be selected through a joint effort between the Consultant and County
staff. 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
detennine the feasibility of studying a given site. Sites will be selected based on age,
percent of occupancy, ease 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-off Meeting Trip.
It will be 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 detennine the average trip length of travel and percent new trips,
Tindale-Oliver & Associates, Inc.
April to, 2006
5
City of Bozeman
Transportation Impact Fee
and the traffic counts will be used 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.
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 staffwill 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, ease 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-
off Meeting Trip.
It will be 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,
and the traffic counts will be used to develop a trip generation rate for each land use.
Results from these studies, along with the Consultant's trip characteristics databa..,e, 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 between 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.
Tindale-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 schedule is contingent upon the ability to schedule workshops and hearings
with the City Council. It is anticipated. however. that the transportation impact fee will
be updated and adopted within nine months of notice to proceed.
Tindale-Oliver & Associates, Inc.
Apri} } O. 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 (TCS) - 11 Sites
7 Trip Characteristic Studies (TCS) $67,374
Marvin & Associates (traffic counts, OlD 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
Ailiare (8 plane trips; 4 with one person attending and 2 with 2 persons $600.00 8 $4,800_00
attending)
Hotel (21 person nights) $125.00 21 $2,625 00
Rental Car and Expenses (21 rental days) $50_00 21 $1,050.00
Printing Costs (black and white copies of draft materials, final report delivered via $0.07 400 $28.00
CD and email)
Presentation Copies (4 presentations X 8 color sheets per presentation X 10 $085 320 $272.00
copies each presnetation)
Per Diem Days (28 days) $40 00 28 $1,120.00
Iryson Smith ~ One Trip (Ailiare, Hotel, Per Diem) $800.00 1 $800 00
Total Direct Expenses (excludina Ootional Services) $9 895.00
Summary Of Expenses for Trip Characteristic Studies Unit Cost Units Total Cost
A1liare (2 trips, 1 for residentil, 1 for non-residential studies) $600 00 1 $600 00
Hotel (2 trips, 1 staff, 5 nights) $125.00 10 $1,250.00
Rental Car and Expenses (12 rental davs) $50 00 25 $1,250.00
Printing Costs (black and white copies of draft materials, final report delivered via $0"07 550 $38.50
CD and email)
Presentation Copies $085 0 $0.00
Per Diem Days (12 days) $40 00 12 $480 00
Total Direct Expenses (exciudina Ootional Services) $3618.50
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
Sr. 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
Tindale-Oliver & Associates, Inc.
April 10, 2006
9
City of Bozeman
Transportation Impact Fee