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HomeMy WebLinkAboutRaftelis Financial Consultants, Inc. Professional Services Agreement (Road Impact Fee Update) - 2016 05 11 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. Page 1 of 10 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 Page 2 of 10 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 Page 3 of 10 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 Page 4 of 10 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 Party 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. Page 5 of 10 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: S' ature City Manager Title May 11, 2016 Date Raftelis Financial Consultants,Inc. / ovi Signature Senior Manager Title 4/14/2016 Date Page 6 of 10 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. Page 7 of 10 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 Page 8 of 10 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 Pre aration 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. Page 9 of 10 Attachment B —Billing Rates Position Hourly Billing Rate Executive Vice President $305 Vice President $275 Senior Manager $250 Manager $225 Director of Florida Operations $205 Senior Consultant $195 Consultant $170 Associate $140 Analyst $105 Administration $75 Page 10 of 10