HomeMy WebLinkAbout2016 05 09 Consent 305 Vendor Approval for Transportation Impact Fee UpdateCOMMISSION AGENDA
ITEM 305
REQUEST:
Informational
Consent
X
Public Hearings
Regular
May 09, 2016 KS KL
Regular Meeting City Manager Department
The Public Works Department is requesting City Commission authorization to enter into an
Agreement with Raftelis Financial Consultants, Inc. for preparation of a Transportation
Impact Fee Update in the amount of $38,300 piggybacking off of the City of Cape
Canaveral (RFQ# 2011 -01).
SYNOPSIS:
The City's Transportation Impact Fees were last updated in 2005 and needs to be updated to
reflect the City's transportation needs and recent development trends. Raftelis Financial
Consultants was selected to prepare a Transportation Impact Fee Update at a cost of
$38,300.
CONSIDERATIONS:
. Transportation Impact Fees are established by local governments to require new
development to pay their equitable share of public transportation improvements that
must be constructed to serve new growth.
The City's Transportation Impact Fee ordinance and fee schedule was last updated in
March 2005 (Ordinance 2005 -10). The current Transportation Impact Fee schedule is
out of date and needs to be updated to reflect recent development trends as well as the
City's projected transportation needs. Staff has heard from numerous consultants and
developers that the City's current Transportation Impact Fees are inconsistent with
those of surrounding cities and counties, and this does impact development decisions.
Consent 305 PAGE 1 OF 3 - May 09, 2016
The proposed Transportation Impact Fee Update, to be performed by Raftelis
Financial Consultants, Inc., will update the City's Transportation Impact Fees to
reflect:
1. Recent development trends
2. Updated capital costs, allocations, and credits
3. Completed and planned City transportation projects
4. Land use categories and associated trip generation rates that meet current
standards and future City growth trends
5. Conformance with state statutes and standard practices for impact fee
calculations
. Please refer to Exhibit A attached for the Agreement and detailed scope of work for
the Transportation Impact Fee Update. Raftelis will prepare a report summarizing the
methodology, background, and calculations used to determine the new Transportation
Impact Fee schedule. A new Ordinance will be developed by the City Attorney and
Staff based on the Raftelis final report.
Staff selected Raftelis Financial Consultants, Inc. to perform the work based on their
successful past performance on similar work for the City of Winter Springs, plus their
current status as a continuing services consultant for the City of Cape Canaveral
(RFQ# 2011 -01). Prior to selecting Raftelis to perform this update, Staff consulted
with several other area firms that have recently completed Transportation Impact Fee
studies, including Tindale Oliver & Associates and Luke Transportation Engineering
Consultants.
. The Transportation Impact Fee Update is expected to be complete within 120 days of
the notice -to- proceed. An Ordinance adopting the new Transportation Impact Fee
schedule will be submitted for City Commission review and approval soon after the
Raftelis report is complete.
FISCAL IMPACT:
The cost of the Transportation Impact Fee Update is $38,300 and is funded by
Transportation Impact Fees (line code 150 -41- 0000 - 530314 - Consulting).
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
Consent 305 PAGE 2 OF 3 - May 09, 2016
RECOMMENDATION:
Staff recommends that the City Commission authorize entering into an Agreement with
Raftelis Financial Consultants, Inc. for preparation of a Transportation Impact Fee Update
in the amount of $38,300 piggybacking off of the City of Cape Canaveral (RFQ# 2011 -01),
and authorize the City Manager and City Attorney to prepare and execute any and all
applicable documents.
ATTACHMENTS:
1. Exhibit A - Raftelis Agreement and Scope of Work (10 pages)
Consent 305 PAGE 3 OF 3 - May 09, 2016
EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF WINTER SPRINGS
AND
RAFTELIS FINANCIAL CONSULTANTS, INC.
This Consulting Agreement ( "Agreement ") is entered into this day of , 2016 (hereinafter
referred to as the effective date of the agreement) by and between the City of Winter Springs (the
"City ") and Raftelis Financial Consultants, Inc., Headquartered at 227 West Trade Street, Suite 1400,
Charlotte, NC 28202 ( "RFC" or "Consultant'), with a location at 950 S. Winter Park Drive, Suite
240, Casselberry, FL 32707.
Witnesseth
WHEREAS, the City of Cape Canaveral issued a Request for Qualifications #2011 -01 seeking
qualified firms to provide continued consulting and other services for various City of Cape Canaveral
projects, and through a selection and negotiation process, has selected Consultant to provide
continuing consulting services to the City of Cape Canaveral; and
WHEREAS, the City of Winter Springs has selected Consultant as the as the best qualified to perform
professional consulting services; and
WHEREAS, Consultant is willing to provide consulting services to the City under the terms and
conditions stated herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree to the terms and conditions set forth herein.
Article 1. Statement of Work
RFC shall provide professional consulting services to provide a Road Impact Fee Update for the City.
RFC will perform these services as set forth in more detail in Attachment A.
Article 2. Time for Completion
This agreement will commence upon approval by the City and remain in effect for a period of two
(2) years. Further renewals of this Agreement are at the option of the Parties and shall be in writing.
Article 3. Compensation
City shall pay to RFC the sum not to exceed $38,300, which includes professional fees and direct
expenses incurred in performing the scope of services outlined in Attachment A. The parties
understand that this sum is based upon the scope of work contained herein at the hourly rate schedule
included in Attachment B. Any expansion of the scope of work by the City shall involve the
discussion of additional fees by both parties.
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RFC shall submit invoices to the City on a monthly basis for services rendered to the date thereof.
Invoices for work performed pursuant to a lump sum amount shall identify the percentage of work
completed. Invoices for work performed pursuant to other compensation forms shall be supported by
appropriate documentation, which may include the task performed, the individuals working on such
task, the level of each such individual, hours and expenses incurred. Upon receipt of monthly invoice,
the City will remit payment of same amount to the RFC within 30 days.
Article 4. Additional Services
At the City's request, RFC may submit proposals for additional professional services. Each proposal
submitted shall detail: (1) scope of work for the additional services, (2) period of services to be
performed, and (3) method and amount of compensation. The City shall provide written acceptance
and authorization to RFC prior to the commencement of work on any proposed additional services.
Each proposal for additional services accepted and approved by the City shall become part of this
Agreement and shall be governed by the terms and conditions contained herein.
Article 5. Place of Performance
RFC shall be responsible for maintaining its own office facilities and will not be provided with either
office facilities or support by the City.
Article 6. Indemnification
RFC hereby agrees to indemnify the City and to hold the City harmless against any and all claims,
action, or demands against the City and against any and all damages for injury to or death of any
person and for loss of or damage to any and all property arising out of the negligent acts, errors or
omissions of RFC under this Agreement. RFC shall not be held responsible for any claims caused by
the negligence of the City.
Article 7. Insurance
Contactor shall maintain the types and levels of insurance during the life of this Agreement as
specified below. The City will be named as additional insured on the RFC's Certificates of Insurance
and the RFC will provide the City with these Certificates of Insurance.
Commercial general liability insurance - $2,000,000 per occurrence, $4,000,000 aggregate
Comprehensive automobile liability insurance - $1,000,000 combined single limit each occurrence
Workers Compensation insurance — Statutory limits
Professional liability insurance - $2,000,000 per occurrence, $2,000,000 aggregate
Excess or Umbrella Liability - $4,000,000 per occurrence /aggregate
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Article 8. Confidential Information
RFC acknowledges and agrees that in the course of the performance of the services pursuant to this
Agreement, RFC may be given access to, or come into possession of, confidential information of the
City which information contains privileged material or other confidential information. RFC
acknowledges and agrees, except if required by judicial or administrative order, trial, or other
governmental proceeding pertaining to this matter, that it will not use, duplicate, or divulge to others
any such information belonging to or disclosed to RFC by the City without first obtaining written
permission from the City. "Confidential information" as used herein, includes information, materials,
products, and deliverables developed during, and discoveries and contributions made by RFC in the
performance of this Agreement. All tangible embodiments of such information shall be delivered to
the City by RFC upon termination hereof, or upon request by the City, whichever occurs first. The
City acknowledges RFC has the right to maintain its own set of work papers which may contain
confidential information.
Article 9. Independent Contractor Status
It is understood and agreed that RFC will provide the services under this Agreement on a professional
basis as an independent RFC and that during the performance of the services under this Agreement,
RFC's employees will not be considered employees of the City within the meaning or the applications
of any federal, state, or local laws or regulations including, but not limited to, laws or regulations
covering unemployment insurance, old age benefits, worker's compensation, industrial accident,
labor, or taxes of any kind. RFC's employees shall not be entitled to benefits that may be afforded
from time to time to City employees, including without limitation, vacation, holidays, sick leave,
worker's compensation, and unemployment insurance. Further, the City shall not be responsible for
withholding or paying any taxes or social security on behalf of RFC's employees. RFC shall be fully
responsible for any such withholding or paying of taxes or social security.
Article 10. Reliance on Data
In performance of the services, it is understood that the City and /or others may supply RFC with
certain information and /or data, and that RFC will rely on such information. It is agreed that the
accuracy of such information is not within RFC's control and RFC shall not be liable for its accuracy,
nor for its verification, except to the extent that such verification is expressly a part of RFC's scope
of services.
Article 11. Opinions and Estimates
RFC's opinions, estimates, projections, and forecasts of current and future costs, revenues, other levels
of any sort, and events shall be made on the basis of available information and RFC's expertise and
qualifications as a professional. RFC does not warrant or guarantee that its opinions, estimates,
projections or forecasts of current and future levels and events will not vary from the City's estimates
or forecasts or from actual outcomes. RFC identifies costs, allocates costs to customer classes and
provides rate models. It does not establish rates, which is the legislative responsibility of the City.
Article 12. No Consequential Damages
To the fullest extent permitted by law, neither party shall be liable to the other for any special, indirect,
consequential, punitive or exemplary damages resulting from the performance or non - performance
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of this Agreement notwithstanding the fault, tort (including negligence), strict liability or other basis
of legal liability of the party so released or whose liability is so limited and shall extend to the officers,
directors, employees, licensors, agents, subcontractors, vendors and related entities of such party.
Article 13. Termination of Work
This Agreement may be terminated as follows:
1. By City (a) for its convenience on 30 days' notice to RFC, or (b) for cause, if RFC materially
breaches this Agreement through no fault of City and RFC neither cures such material breach nor
makes reasonable progress toward cure within 15 days after City has given written notice of the
alleged breach to RFC.
2. By RFC (a) for cause, if City materially breaches this Agreement through no fault of RFC and
City neither cures such material breach nor makes reasonable progress toward cure within 15 days
after RFC has given written notice of the alleged breach to City, or (b) upon five days' notice if
Work under this Agreement has been suspended by either City or RFC in the aggregate for more
than 30 days.
3. Payment upon Termination. In the event of termination, RFC shall be compensated for all work
performed prior to the effective date of termination.
Article 14. Notices
All notices required or permitted under this Agreement shall be in writing and shall be deemed
deliverable when delivered in person or deposited in the United States mail, postage prepaid,
addressed as follows:
If for the City:
Mr. Kip Lockcuff, P.E.
Utility /Public Works Director
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
If for RFC:
Tony D. Hairston
Senior Manager
Raftelis Financial Consultants, Inc.
950 S. Winter Park Drive
Suite 240
Casselberry, FL 32707
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Article 15. Compliance with Applicable Laws
RFC agrees not to discriminate in its employment practices, and will render services under this
Agreement without regard to race, color, religion, sex, national origin, veteran status, political
affiliation or disabilities.
Any act of discrimination committed by RFC, or failure to comply with these statutory obligations
when applicable, shall be grounds for termination of this Agreement.
Article 16. General Provisions
A. Entire This Agreement represents the entire and sole agreement between the Parties
Agreement: with respect to the subject matter hereof.
B. Waiver: The failure of either Party to require performance by the other of any provision
hereof shall in no way affect the right to require performance at any time
thereafter, nor shall the waiver of a breach of any provision hereof be taken to
be a waiver of any succeeding breach of such provision or as a waiver of the
provision itself. All remedies afforded in this Agreement shall be taken and
construed as cumulative; that is, in addition to every other remedy available
at law or in equity.
C. Relationship: Nothing herein contained shall be construed to imply a joint venture,
partnership, or principal -agent relationship between RFC and the City; and
neither Party shall have the right, power, or authority to obligate or bind the
other in any manner whatsoever, except as otherwise agreed to in writing.
D. Assignment Neither Parry shall assign or delegate this Agreement or any rights, duties, or
and obligations hereunder without the express written consent of the other.
Dele ag tion: Subject to the foregoing, this Agreement shall inure to the benefit of and be
binding upon the successors, legal representatives, and assignees of the Parties
hereto.
E. Severability: If any provision of this Agreement is declared invalid or unenforceable, such
provision shall be deemed modified to the extent necessary and possible to
render it valid and enforceable. In any event, the unenforceability or
invalidity of any provision shall not affect any other provision of this
Agreement, and this Agreement shall continue in force and effect, and be
construed and enforced, as if such provision had not been included, or had
been modified as above provided, as the case may be.
F. Governing This Agreement shall be governed by, and construed in accordance with, the
Law: laws of the State of Florida. Venue and jurisdiction shall be in Seminole
County, Florida.
G. Paragraph The paragraph headings set forth in this Agreement are for the convenience
Headings: of the Parties, and in no way define, limit, or describe the scope or intent of
this Agreement and are to be given no legal effect.
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H. Third Party Nothing in this Agreement shall be construed to create or confer any rights or
Rights interest to any third party or third party beneficiary. It is the intent of the
parties that no other outside, non -party claimant shall have any legal right to
enforce the terms of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized
representatives.
City of Winter Springs
By:
Signature
Title
Date
Raftelis Financial Consultants, Inc.
By:
— I &-tb Pcu�
Signature
Senior Manager
Title
4/14/2016
Date
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Attachment A — Scope of Services
City of Winter Springs
Road Impact Fee Update
Understanding of the Project
It is our understanding that the City of Winter Springs (City) is seeking to update its road impact fees
to reflect: i) recent development trends; ii) updated capital costs, allocations, and credits; and iii) land
use categories that better suit recent trip generation data and future City growth trends. The City also
desires to update its road impact fee ordinance and code to reflect current City policies and maximize
conformity with state statutes and case law. Based on our project understanding, Raftelis Financial
Consultants, Inc. (RFC) proposes the following:
Scope of Services
The project approach for this engagement includes the following activities which are intended to
achieve the project objectives and provide updated road impact fees in compliance with Chapter
163.3108 Florida Statutes. The project team includes RFC personnel experienced with municipal
impact fee development and two subconsultants: 1) Littlejohn Engineering as a transportation
planning and engineer support, and 2) Susan Schoettle -Gumm, Esq. to provide legal and policy
support.
Task 1: Project Initiation, Data Collection and Review
This task will involve coordinated with the City regarding data needs, project scheduling,
expectations, and collection of data. This task will include a kick -off meeting at the City with the
project team.
RFC will review available data and compile future land use designations from the City. It is our
understanding potential land use designations is an important component of this study and the
compilation of data regarding various potential land use categories is critical. The potential land use
categories will consider availability and suitability of data, development trends within the City, and
ease of implementation.
This task also includes a review of population projections, including projections for various land use
categories. The population projections will be used to determine capital cost allocations and level of
service requirements within the capital planning period.
Finally, RFC will coordinate with City staff to update the current level of service statistics, determine
any changes to the planned level of service, and compile regional statistics for other communities'
level of service standards where readily available.
Task 2: Review of Land Use Designations
This task includes a review the City's existing land use designations and suggested changes in land
use designations based on recent data availability, recent development trends, and other factors.
Recommendations for any modifications will be made with a description of the rationale applied.
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Task 3: Review of Transportation Improvements, Capital Costs, Allocations, and
Credits
RFC and its subconsultants will review the City's road capital improvement plan and allocation of
projects to new growth versus existing residents and /or demand derived from outside the City limits.
This task includes identification of a hierarchy of transportation investments, incorporating VMT,
cost by improvement, cost per service unit, and credits. The determination of credits may include
grants and other ongoing City revenue sources other than impact fees; to the extent such revenue
sources will include contributions from growth.
Consideration will be given with regard to administrative simplicity and transparency with regard to
the credit methodology.
Task 4: Road Impact Fee Calculations
This task includes the unit cost determination for road impact fee functions, and allocation of such
costs among residential and various non - residential land uses. A summary impact fee revenue
analysis will be provided under existing and proposed impact fee schedules.
RFC will meet with the City to review the impact fee calculations, methodology, and comparisons.
The meeting is intended to provide direction for final land use designations, data interpretation and
sufficiency.
Task 5: Preparation of Report
RFC will prepare a draft report in order to illustrate the methodology, background, and calculation
of the proposed road impact fees. The draft report will be provided to staff for comment and
review. After incorporating comments, RFC will prepare a final report in electronic format for
distribution to the City.
Task 6: Review of Impact Fee Ordinance
RFC with its sub consultant, Susan Schoettle -Gumm will review the road impact fee ordinance
developed by the City attorney and staff. After comments a final impact fee ordinance will be
developed for City use.
Task 7. Other Municipal Impact Fee Assistance
While the City is reviewing the road impact fees and ordinance, we understand that other impact fee
policy issues will arise during the course of the engagement, such as the treatment of certain land uses
for fire and recreation impact fees. During this task RFC and its subconsultants will provide up to 20
hours additional professional consulting services related to non -road impact fee policy assistance.
Additional Services
Additional Services will be provided as specifically requested by the City for other matters not
provided for in the scope of services, such as but not limited to: preparation for and attendance at
additional meetings not specified above including attendance /presentations to the City Commission
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meetings; changes, adjustments and /or modifications of final study recommendations after the final
draft; development of alternative impact fee structures; meetings with development, builders
associations, or other stakeholders. Should Additional services will be billed on an hourly basis plus
expenses, if applicable, based on the hourly rates identified within Attachment B. No additional
services will be performed unless mutually agreed between the City and RFC.
Deliverables
The following deliverables are contemplated within the scope of services
• Data request
• Transportation needs analysis
• Draft and Final road impact fee schedule by land use
• Impact fee comparison with other jurisdictions
• Impact fee report
Project Team
Tony Hairston will serve as the Project Manager and will oversee the day to day aspects of the project,
including ongoing communication with City staff during the project. Mr. Hairston will be supported primarily
by RFC technical staff located in our Orlando area office and the subconsultants identified above.
Project Budget
The lump sum budget for the Project as identify by task is summarized as follows:
Task
Scope of Services
Total
1
Project Initiation, Data Collection, and Review
$4,000
2
Review of Land Use Designations
3,000
3
Review of Improvements, Capital Costs,
Allocations, and Credits
12,060
4
Road Impact Fee Calculations
6,500
5
Preparation of Report
7,600
6
Review of Impact Fee Ordinance
1,140
7
Miscellaneous Impact Fee Policy Assistance
4,000
Total
$38,300
RFC shall submit invoices to the City on a monthly basis for services rendered to the date thereof.
Invoices for work performed pursuant to a lump sum amount shall identify the percentage of work
for each Task enumerated above.
Project Schedule
RFC will provide the draft impact fee analysis within 90 days of Notice -to- Proceed, and impact fee
report within 120 days of Notice -to- Proceed; contingent on the timing and sufficiency of data
provided by the City.
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Attachment B — Billing Rates
Position
Executive Vice President
Vice President
Senior Manager
Manager
Director of Florida Operations
Senior Consultant
Consultant
Associate
Analyst
Administration
Page 10 of 10
Hourly Billing Rate
$305
$275
$250
$225
$205
$195
$170
$140
$105
$75