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HomeMy WebLinkAboutAgenda Report - April 18, 2012 C-10AGENDA ITEM Cis I D CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment to Professional Services Agreement for Development Impact Mitigation Fee Program Update with Harris and Associates, of Tracy ($30,000) and Appropriating Funds ($50,000) MEETING DATE: April 18, 2012 PREPARED BY: PublicWorks Director RECOMMENDED ACTION: Adopt resolution authorizing City Managerto execute amendment to professional services agreement for Development Impact Mitigation Fee Program Update with Harris and Associates, of Tracy, in the amount of $30,000 and appropriating funds in the amount of $50,000. BACKGROUND INFORMATION: On March 16, 2011, City Council approved a professional services agreement with Harris and Associates in the amount of $451,190 to updatethe development impact mitigationfee program pursuantto adoption of the 2010 General Plan. At that time, completion of the project was planned for December 7, 2011. Over the past 24 months, the project team has diligently worked with the building and development community to build consensus on the structure and scope of the fee program. This has resulted in significant additional and unanticipated work and delay to develop the final fees for water, wastewater, storm drainage, parks, transportation, and electric. In addition, preparation of anew Bike Master Plan has been added to the program. The additional scope of work is presented in the contract amendment provided as Attachment 1 and is summarized below. 1. Additional meetings and project management services 2. Additional cost estimating associated with changing project descriptions and program scope 3. Additional analysis resulting from changes to the program scope in the areas of water, wastewater, storm drainage, parks, transportation and electric 4. Updating the master plans to be consistent with the changes to the scope of the fee program and adding the Bike MasterPlan It is recommended Council adopt a resolution authorizing the City Managerto execute an amendment to the professional services agreement for the Development Impact Mitigation Fee Program with Harris and Associates in the amount of $30,000 and appropriating funds in the amount of $50,000. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Funds are already appropriated in 182034,270034,326034,332034,1217034, and 165034. Appropriate funds in the amount of $50,000 (Fund 325). Jordan ers Deputy City Manager/Internal Services Director F. Wally andelin PublicWorks Director FWS/pmf Attachment APPROVED: ` Konradt Bartlam, City Manager K:\WP\IMFees\2011 IMF Update\Council Communications\CHarrisAmendment.doc 4/5/2012 Attachment 1 AMENDMENT NO. 1 Harris & Associates Professional Services Agreement THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this day of April, 2012, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY), and HARRIS & ASSOCIATES (hereinafter "CONSULTANT"). W ITNESSETH: 1. WHEREAS, CONSULTANT and CITY entered into a Professional Services Agreement (Agreement)on March 29, 2011, as set forth in Exhibit 1 (attached). 2. WHEREAS, CITY requested to amend said Agreement as set forth in Exhibit 2 (attached); and 3. WHEREAS, CONSULTANT agrees to said amendment; NOW, THEREFORE, the parties agree to amend the Scope of Services and Fee as set forth in the Agreement as Exhibit 1 and 2, respectively. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Amendment No. 1 on , 2012. CITY OF LODI, a municipal corporation HARRIS & ASSOCIATES Hereinabove called "CITY Hereinabove called "CONSULTANT" KONRADT BARTLAM City Manager Attest: RANDI JOHL, City Clerk Approved as to Form: D. STEPHEN SCHWABAUER City Attorney Name: Title: Exhibit 1 AGREEMENT FOR CONSULTING SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties !Awr ,'Zq 12U THIS AGREEMENT is entered into on `� , by and between the CITY OF ICDI, a municipal corporation (hereinafter "CITY), and HARRIS & ASSOCIATES (hereinafter "CONSULTANT"). Section 1.2 Pur ose CITY selected the CONSULTANT to provide.the consulting services to prepare an update of the Impact Mitigation Fee Program in accordance with attached scope of services, Exhibit A. CITY wishes to enter into an agreement with CONSULTANT for Development Impact Fee Study project (hereinafter "Project') as set forth in the Scope of Services attached here as Exhibit A. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONSULTANT, for the benefit and at the direction of CITY, shall perform the scope of services as set forth in ExhibitA, attached and incorporated by this reference. Section 2.2 Time For Commencement and Completion of Work CONSULTANT shall commence work within ten (10) days of executing this Agreement, and complete work under this Agreement based on a mutually agreed upon timeline. CONSULTANT shall submit to CITY the various project deliverables as indicated in the attached project scope of services. CONSULTANT shall not be responsible for delays caused by the failure of CITY staff or agents to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONSULTANT`s contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONSULTANT shall remain in contact with reviewing agencies and make all efforts to review and return all comments. K;\WP\IMFeeM2011 IMF Update\AGREEMENT FOR PROFESSIONAL$RRVICES_Harris.doc Section 2.3 Meetings CONSULTANT shall attend meetings as indicated in the Scope of Services, Exhibit A. Section 2.4 S CONSULTANT acknowledges that CITY has relied on CONSULTANT's capabilities and on the qualifications of CONSULTANT's principals and staff as identified in its proposal to CITY. The scope of services shall be performed by CONSULTANT, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONSULTANT of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel in CITY's sole discretion and shall be notified by CONSULTANT of any changes of CONSULTANT's project staff prior to any change. CONSULTANT represents that it is prepared to and can perform all services within the scope of services specified in Exhibit A. CONSULTANT represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONSULTANTto practice its profession, and that CONS ULTANT'shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvais, Section 2.5 Subcontracts CITY acknowledges that CONSULTANT may subcontract certain portions of the scope of services to subconsultants as specified and identified in Exhibit A. Should any subconsultants be replaced or added after CITY's approval, CITY shall be notified within ten (10) days and said subconsultants shall be subject to CITY's approval prior to initiating any work on the Project. CONSULTANT shall remain fully responsible for the complete and full performance of said services and shall pay all such subconsultants. ARTICLE 3 COMPENSATION Section 3.1 Compensation CONSULTANT's compensation for all work under this Agreement shall not exceed the amount of Fee Proposal, attached as a portion of Exhibit B. CONSULTANT shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. K:\WP\IMFees\2011 IMF Update\AGREEMENT FOR PROFESSIONALSERVICES_Harris.doc 2 Section 3.2 Method of Pavment CONSULTANT shall. submit invoices for completed work on a monthly basis, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the scope of services said work is attributable. Section 3.3 Costs The fees shown on Exhibit B include all reimbursable costs required for the performance of the individual work tasks by CONSULTANT and/or subconsultant and references to reimbursable costs located on any fee schedules shall not apply. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advance, in writing, by CITY. CONSULTANT charge rates are attached and incorporated with Exhibit B. The charge rates for CONSULTANT shall remain in effect and unchanged for the duration cf the Project unless approved by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees to furnish CITY, or a designated representative, with necessary information and assistance. CONSULTANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONSULTANT agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONSULTANT further agrees to maintain such records for a period cf three (3) years after final payment under this Agreement. ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONSULTANT shall not discriminate in the employment of its employees or in the engagement of any K,\WP\IMFees\2011 IMFUpdateWGREEMENT FOR PROFESSIONAL SERVICES_Hards,doc 3 subconsultants on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 Responsibility_ for Damage CONSULTANT shall indemnify and save harmless the City of Lodi, the City Council, elected and appointed Boards, Commissions, all officers and employees or agent from any suits, claims or actions brought by any person or persons for or on account of any injuries or damages sustained or arising from the services performed in this Agreement but only to the extent caused by the negligent acts, errors or omissions of the consultant and except those injuries or damages arising out of the active negligence of the City of Lodi or its agents, officers or agents. Section 4.3 No Personal Liability Neither the City Council, the City Engineer, nor any other officer or authorized assistant or agent or employee shall be personally responsible for any liability arising under this Agreement. Section 4.4 Resr)onsibiIityof Ci fY CITY shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided herein. Section 4.5 Insurance Reauirements for CONSULTANT CONSULTANT shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect CONSULTANT and any of its subcontractor performing work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from CONSULTANT'S operations under this Agreement, whether such operations be by CONSULTANT or by any of its subcontractor or by anyone directly or indirectly employed by either of them, and the amount of such insurance shall be as follows: 1. COMPREHENSIVE GENERAL LIABILITY $1,000,000 Bodily Injury - Ea. Occurrence/Aggregate $1,000,000 Property Damage Ea. Occurrence/Aggregate or K:\WP\IMFees\2011 Dff UpdateWGREEMENT FOR PROFESSIONAL SERVICES_Harris.doc 4 $1,000,000 Combined Single Limits 2. COMPREHENSIVE AUTOMOBILE LIABILITY $4,000,000 Bodily Injury - Ea. Person $1,000,000 Bodily Injury - Ea. Occurrence $1,000,000 Property Damage- Ea. Occurrence or $1,000,000 Combined Single Limits NOTE: CONSULTANT agrees and stipulates that any insurance coverage provided to CITY shall provide for a claims period following termination of coverage. A copy of the certificate of insurance with the following endorsements shall be furnished to CITY: (a) General LiabilitvAdditional Named Insured Endorsement Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed Boards, Commissions, Officers, Agents, Employees and Volunteers as additional named insureds insofar as work performed by the insured underwritten Agreement with CITY, (This endorsement shall be on a form furnished to CITY and shall be included with CONSULTANT'S policies.) (b) General Liability Primary Insurance Endorsement Such insurance as is afforded by the endorsement for the Additional Insureds shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement. (c) General LiabilitvSeverability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the CONSULTANT's liability. (d) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled by the CONSULTANT without 30 days' prior written notice of such cancellation to the City Attorney, City of Lodi, P.O. Box 3006, Lodi, CA, 95241. (e) CONSULTANT'agrees and stipulates that any insurance coverage provided to CITY shall provide for a claims period following termination of coverage which is at K:\WP\IMFees\2011 IMF Update\AGREEMENT FOR PROFESSIONAL SERVICES_Hards.doc 5 least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). "Claims made" coverage requiring the insureds to give notice of any potential liability during a time period shorter than that found in the Tort Claims Act shall be unacceptable. Section 4.6 Worker's Compensation Insurance CONSULTANT shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of CONSULTANT'S employees employed at the site of the project and, if any work is sublet, CONSULTANT shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONSULTANT. In case any class of employees engaged in hazardouswork underthis Agreement at the site of the project is not protected under the Worker's Compensation Statute, CONSULTANT shall provide and shall cause each subcontractor to provide insurance for the protection of said employees, This policy may not be canceled nor the coverage reduced by the CONSULTANT without 30 days' prior written notice cf such cancellation or reduction in coverage to the City Attorney, City of Lodi, P.O. Box 3006, Lodi, CA, 95241. Section 4.7 City Business License Reauirement Consultant/Contractor acknowledges that Lodi Municipal Code Section 3.01.020 requires Cons ultant/Contractor to have a city business license and Cons ultant/Contractor agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.8 Attorney's Fees In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the court. Section 4.9 Successors and Assigns CITY and CONSULTANT each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONSULTANT shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. K;11NP\IMFees=1I IMF Update\AGREEMENT FOR PROFESSIONAL SERVICES Hards.doc 6 Section 4.10 Notices Any notice required to be given by the terms of this Agreement shall be deemed to have been given when the same is personally served or sent by certified mail or express or overnight delivery, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi F. Wally Sandelin, Public Works Director 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 To CONSULTANT: Harris & Associates Alison Bouley, P.E. 2316 Orchard Parkway, Suite 120 Tracy, CA 95377 Section 4.11 Cooperation of CITY CITY shall cooperate fully in a timely manner in providing relevant information that it has at its disposal. Section 4.12 CONSULTANT is Not an Employee cf CITY It is understoodthat CONSULTANT is not acting hereunder in any manner as an employee of CITY, but solely under this Agreement as an independent contractor. Section 4.13 Termination CITY may terminate this Agreement by giving CONSULTANT at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONSULTANT shall be entitled to payment as set forth in the attached Exhibit A to the extent that the work has been performed. Upon termination, CONSULTANT shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONSULTANT with third parties in reliance upon this Agreement. This Agreement may be terminated by CONSULTANT should CITY fail to perform in accordance with its terms through no fault of CONSULTANT. CITY shall pay CONSULTANTfor all services performed and expenses incurred in accordance with this Agreement, up to and including the effective date of termination. K:\WP\IMFees\2011 IMFUpdateWGREEMENT FOR PROFESSIONALSERVICES_Harris.doo 7 Section 4.14 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent. Section 4.16 Integration and Modification This Agreement represents the entire integrated Agreement between CONSULTANT and CITY; supersedes all prior negotiations, representations, or Agreements, whether written or oral, between the parties; and may be amended only be written instrument signed by CONSULTANT and CITY. Section 4.17 Applicable Law and Venue This Agreement shall be governed by the laws of the State of California. Venue for any court proceeding brought under this Agreement will be with the San Joaquin County Superior Court. Section 4.18 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document, Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.19 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.20 Ownership of Documents All documents, photographs, reports, analyses, audits, computer tapes or cards, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared for this project, shall be deemed the property of CITY. Upon CITY's request, CONSULTANT shall allow CITY to inspect all such documents during regular business hours. Upon termination or completion, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten (10) days. CITY agrees to indemnify, defend and hold CONSULTANT harmless from any liability resulting from CITY's use or modification of such documents for any purpose other than the purposefor which they were prepared. K:\WP\IMFees\2011 IMF Update\AGREEMENT FOR PROFESSIONALSERVICES_Marris.doo 8 Section 4.21 No Third -Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third -party against either CITY or CONSULTANT. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement as of the date first above written, ATTEST: By RA JO CITY CLERK APPROVED AS TO FORM: Dated: D. STERN SCF CITY ATTORN EY Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements CITY OF LODI, a municipal corporation _err rin_.- Ely K(TNFfA--DT CITY MANAGER HARRIS & ASSOCIATES By h - - p K:\WP\IMFees\2011 IMF UpdatOAGREEMENT FOR PROFESSIONALSERVICES_Harris.doc 9 EXHIBIT A SCOPE OF WORK Task 1 - Project Management Task /./ - Project Start-up An initial kick-off meeting will be held with the entire Harris team and the City. The purpose of this meeting will be to discuss the scope of services, obtain technical studies associated with facilities for which fees are being calculated, discuss facility standards and existing surpluses or deficiencies in facilities, and generally coordinate the work effort. We will also discuss the'goals and schedule of the project and review any significant issues the City has already identified related to this project. Goodwin Consulting Group (GCG)will also review the Policies and Operating Assumptions Report with City staff to discuss various nexus methodologies, assumptions, approaches, and considerations to make the fee study more defendable pursuant to current case law related to development fees. As a result of this meeting, Harris will prepare a project memorandum that includes the project description, summary of scope of services, project schedule, project contacts, communication protocols, and a list of information that our team needs to begin work on the project. This memorandum will be submitted within one week of the kick-off meeting. Task 1.2 — Project Work Plan Harris and GCG will prepare a project work plan that details the process envisioned in preparation of the IMFP. The work plan is a key element in understanding the flow of the project and where critical decisions are needed in order to keep the project on schedule. The work plan will include flow diagrams illustratingwhere decisions or input from the City is required. In addition, the work plan will discuss the current financing strategy. The work plan will also discuss the quality assurance program that will be in place to assure that the work prepared is of the highest quality. This work plan will be submitted within one week following the notice to proceed. Along with the work plan, a more detailed schedule than the one included in this proposal will be prepared using Microsoft Project and will be submitted to the City. The schedule will clearly define the anticipated submittal dates, anticipated meeting dates, and allocated City review time. The schedule will be modified as needed following the kick-off meeting. Task 1.3 — Preparation of Monthly Progress Reports Each month, Harris will submit a detailed progress report that highlightsthe status of the project. Each of these reports will include a brief description of the work completed during the billed time period. The report will detail the project budget, current expenditures and cumulative expenditures for each task. The schedule will be reviewed and any deviations will be noted in the report. In addition, a summary of any outstanding issues needing resolved or any key decisions that were made will be highlighted in the report. The format of this report will be submitted with -in one week of the kick-off meeting for approval by the City. Task 1.4- Project Status Meetings The project managerwill coordinate monthly status meetings with the City. It is anticipated that not all project members will be needed at all meetings and will be coordinated as necessary based on each meeting agenda. Harris will prepare an agenda for each of the meetings and will prepare and submit meeting minutes following each meeting. The minutes will include an action item column for easy tracking of follow-up items, An effort will be made to coordinate and combine monthly meeting dates with presentations to City staff and the development community/BIA. A total of twelve meetings are assumed under this task and includes all meetings with City staff and developers/131A. Task 1.5- Presentations to City Council and Public Officials e Presentations to City Council and other commissions and committees are a critical part of the IMFP process. It is anticipated that four presentations will be given to the City Council, one presentation wilI be made to the planning commission, one presentation will be made to the recreation commission, and one presentation to the budget committee. For each of these presentations, the team will prepare exhibits and/or PowerPoint slides as needed to clearly convey the process and findings of the IMFP. Priorto the meeting, the content of the presentation and the materials to be presented will be discussed with the City team. This task includes a total of seven public meetings. Task 2 — Policies and Operating Assumptions Report Task 2.1- Prepare a Policies and Operating Assumptions Report The City's Policies and Operating Assumptions Report contains the City's policies, guidelines, methodologies, and assumptionsfor its IMFP. The Harris team will review the report and provide recommendations, where needed, regarding demographic assumptions, land uses categories, development forecasts, and phasing methodologies, as well as all aspects of impact fees and financing methodologies, such as cost allocation methodologies, debt financing, alternate sources of funding, annual inflation factors, interfund borrowing, credit/reimbursement policies, method of 5, 10, 15, 20 year development scenarios, infrastructure that developers are going to be expected to build, and Infill Policies. The Harris Team will update the report to reflect the policies moving forward. It is anticipated that this report will be updated to reflect policies and decisions that are needed in completing any of the infrastructure studies, but will remain a work in process during the finance plan development. The Harris team will provide a draft update of the City's Policies and Operating Assumptions Report, and then a final report will be provided after incorporating comments from City staff. Task 3 — Development of Land -Use Forecast Task 3.1 -Assess Potential Fee Zone Geography Harris will reviewthe proposed development areas within the City of Lodi and the infrastructure needed to serve those areas and will analyze the need to have different fee zones. The City's goal is to avoid fee zones whenever possible. However, in some cases the required infrastructure may lend itself to fee zones in order to create a more defendable nexus. Harris will also compile a digital base map using the files provided by the City and will use assessor parcel maps and other development maps to compile a list of APNs, owners, acreage and land use informationthat will form the database. In addition, Infill Parcels will be identified. This informationwill be used to create the database within MapGulde and will also be used to create an Excel file that will be used for the growth forecasts. Task 3.2 - InventoryApproved and Proposed Development Projects Harris will work with City staff to obtain copies of or information regarding all planned development projects. This includes remaining units in partially completed development projects, any subdivision maps that have been submitted to the City, and any potential projects where inquiries have been made. The goal of this task is to better define the information obtained through the BIA and local development community meetings. These projects will be added to the map and the database prepared in Task 3.1. Task 3.3 - Prepare Citywide Development Forecasts GCG will review historical growth data for the City, as well as development and demographic informationfrom the City's updated General Plan, SJCOG, the development community, Department of Finance, and other sources to forecast future development in the City. Harris will develop a digital base map of all remaining developable land and GCG will incorporate this information to estimate the total number of potential residential units and nonresidential building space remaining in the Genera! Plan area. Task 3.4- Prepare Growth Forecast Through close coordination with City staff, GCG will develop a growth forecast model for residential and nonresidential development. The results of this forecast will be summarized in a draft technical memorandum that will include a discussion of all assumptions and methodologies used in the development forecast. After receiving comments from all parties, GCG will provide a final technical memorandum. Task 4 — Master Plan Documents/Capital Improvement Plans Task 4.1 - Coordinate Master Plan Documents/Capital Improvement Plans Based on conversations with City staff, it is anticipated that the only technical consultants needed as part of this project are for traffic and parks. Harriswill oversee the work of Fehr& Peers and Vallier Design Associates as they complete the required master plans for Streets/Transportation and Parks and Recreation as further described below. The City has completed various components of the Water, Sewer, Storm Drainage, and Electrical Utilities master plans. Harris will obtain and review the information from the City and will work with City's staff on any additional technical'analysis that needs to be complete for the purpose of this project. Harris will develop the report that will compile the City's technical analysis into a master plan document. Harris will not provide any of the modeling or technical analysis and the reports will be prepared with City of Lodi's name on them. A more detailed description of each component is given below: • Water — Perthe draft Policies and Operating Assumptions report, the Reed Group will complete, under separate contract, all water related master planning, phasing and capital improvement project cost estimates for the water utility. Harris will review the documents provided and will coordinatewith the Reed Group to verify that all the master planning work is done in accordance with the development assumptions determined under Task 3.4. Harris will provide a peer review of the cost estimates and master plan facilities and will incorporatethe cost estimates into the CIP templates. Harris will coordinate with the Reed group to obtain information on phasing to match the 5, 10, 15 and 20 year growth assumptions as well. Harris will compile the information received from the Reed Group into a Water Master Plan report. Wastewater — Per the draft Policies and Operating Assumptions report, the Reed Group will, under separate contract, provide the wastewater impact fee for the treatment and disposal component. Harris will review the documents provided and will coordinate with the Reed Group to verify that ail the wastewater treatment plant fee is developed in accordance with the development assumptions determined under Task 3.4 . Harris will coordinate with the Reed group to obtain information on phasing to match the 5, 10,15 and 20 year growth assumptions as well. Harris will also coordinate with the City to gather the information related to the wastewater transmission component including phasing information for the 5, 10, 15 and 20 year growth assumptions. Harris will review with the City any alternatives that may nave been identified to determine what the most cost effective or most desired alternative might be and will discuss the use of possible zones. Harris will compile the information received from the Reed Group and from the City into a Wastewater Master Plan report. In addition, Harris will review and update Policy No. 6 for Wastewaterfees. Storm Drainage — Harris will review the various studies and master plans that exist for Storm Drainagewithin the City. Harris will also work with the development community and City staff to identify which projects are to be funded through the fee program versus those projects that will be developer -built. Harris will work with the City to determine if fees zones are necessary or if one uniform fee can be established. Should various zones be required, Harris will identify which facilities are needed for each zone. Harris will work with the City to determine the phasing requirements for the 5, 10, 15 and 20 year growth assumptions as well. Harris will compile the technical information received from the City into a Storm Drainage Master Plan report. For Police, Fire, and General City Facilitiesthe Harris Team will reviewthe existing fee study and will meetwith the City staff to obtain information relatedto Police, Fire and General Facilities. The Harris team will develop a methodology for calculating the fees for these facilities. Based on the methodology determined, the Harris Team will prepare anew Public Facilities Master plan that will summarize the findings of this task. Each facility is described in more detail below: • Police — Per the draft Policies and Operating Assumptions report, a new police station, jail and courthouse facilities were recently constructedwith capacity to serve the planning period, Harris will obtain information related to the construction cost and size of these facilities from the City. Under Task 6.4, Harris will analyze the existing surplus of this facility in order to establish a fee to reimburse the City for construction of these facilities. The Harris team will determine the best methodologyto use for distributing these costs to new development. Information related to the cost, size and description of these facilities will be incorporated in the project cost spreadsheets. The methodology for calculating the fees for the police facilities will be determined and incorporated into the Public Facilities Master Plan. • Fire —The Fire Department is looking at the needs cf fire facilities to serve new development in the City. Harris will coordinate with City staff to receive this information and will incorporate cost estimates into the CIP program templates. The appropriate division of the costs of this fire station will be examined underTask 6.3 to determine if the entire cost of the fire stations can be assigned to new development. The methodologyfor calculatingthe fees for the new fire facilities will be determined and incorporated into the Public Facilities Master Plan. • Electrical Utilities—Harris will meet with the City's Electrical Utility Department and provide information related to the development assumptions for the City. The Electrical utility department will prepare sketches of the facilities needed to serve this new growth. Harris will coordinate with them regarding the phasing of the requirements to meet the 5, 10, 15, and 20 year planning horizons. Once the facilities are obtained, Harris will compile the detailed CI cost estimates and to determine the appropriate split of the facilities' costs between existing and new development. The findings will be incorporated into the Public Facilities Master Plan. • General City Facilities — Harris and GCG will review the existing fee program to determine what facilities are currently funded under this program. We will work with the City to determine the status of these projects and develop a list of any new projects needed to serve the City's needs under General Facilities. The methodology for determining the fee for new growth will be determined. The findings will be incorporated into the Public Facilities Master Plan. • Public Art Fee- The Harris team will reviewthe City's current PublicArt Fee Policy and will analyze the methodology that may be used in calculating and collecting this fee. The PublicArt Fee Policywill be updated if necessaryto reflect any changes. • Streets/Transportation — Fehr & Peers will complete the transportation master plan (TMP). The TMP will be the foundation of the nexus findings for the transportation impact fee. The TMP will document the capital improvements anticipated to be needed within each 5 -year increment of land use growth, based on a rational process of evaluating expected transportation demand and identifying improvements needed to maintain the City's desired Level of Service (LOS). This evaluation will provide the linkage necessaryfor the City to make the required AB1600 findings regarding the relationship between the need for the public facility and the development on which the fee is levied. The documentation of existing conditions can primarily be based on work already completed for the General Plan and other recent planning studies. Fehr& Peerswill coordinate with City staff on other potential sources of information about operations of the local street system. Based on current information, they may be able to establish that all major intersections are meeting the City's standard of LOS E or better, and thus there would be no existing deficiencies that would require special attention in the IMFP. The one corridorthat may warrant further investigation is Kettleman Lane, which is historically Lodi's most heavily traveled arterial. The current scope of work does not anticipate the need to collect additional traffic count data, but we can provide that service if it is needed. The new developmentthat is anticipated is located in two general areas: south of Harney Lane, and west of Lower Sacramento Road. The General Plan found that much of the needed roadway improvements in Lodi were on the east -west corridors that provide cross-town connections (especially across SR 99), such as Harney Lane, Century Boulevard, and Kettleman Lane. These corridors will directly serve the anticipated new development areas. The goal of the TMP will be to identifywhich of those General Plan improvements will be needed during the 20 -year planning horizon. A stepped approach will be used to identify the capital improvements. The 20 -year needs will be identified by incorporating the 20 -year growth forecasts into the Lodi travel model, using the current roadway network (supplemented with any transportation improvements that are already fully funded and expected to be completed independent of future development), and conducting a model run to determine the nature and location of future deficiencies. The 20 -year residential growth forecasts are quite similar to those we used for the recent Harney Lane interim improvements analysis. Based on those earlier results, we anticipate that the primary future deficiency is likely to be on Harney Lane itself, which would need to be widened from two to four lanes. We will look at the potential need for the Century Boulevard grade separation and widening to serve as a supplemental east -west corridor, but given the relatively low levels of forecasted new development, that improvement may not be needed in this timeframe. In addition to the above analysis, we will consult with City staff to determine if there are other capital improvements that should be included in the 20 -year transportation CIP. These might include signalization at some existing intersections that are expected to serve increased traffic volumes as a result of new growth, or implementing a signal coordination system along some corridors, or other projects. The results of this process will define the 20 -year CIP for transportation improvements. The number of new vehicle trips generated by the expected 20 -year growth will be calculated and then compared to the existing and projected future volumes along Harney Lane (and any other affected corridors identified through the CIP process described above), .and an estimate of how many new trips can be generated before triggering the need for the major improvements will be made. Those results will then be compared to the incremental growth forecasts prepared by others to define which capital improvement projects are needed for the 5 -year, 10 -year, and 15 -year planning horizons. The projects for all of the horizon years will be tabulated and mapped, and documentation prepared to describe the analytical process for identifying those projects. Together, this will constitute the phased TMP that will form the basis for the transportation IMFP. Parks, Recreation, and Open Space— Vallier Design Associates (VDA) will look at the total projected population of Lodi and confirm the amount of parks and open space required by apply the level of service (LOS) standard measured in acres per 1,000 people. The LOS standard acts as an allocation mechanism for the delivery of park land and basic recreation facilities throughout a community. From this number, VDA will determine the park land deficit, which is the difference between park land that is currently provided and what is required by the LOS standard calculation. Next, VDA will determine the types of parks that will meet the park land demand based on the types of parks the City has, their locations, and facilities provided. There are a variety of park types that can help meet the park land demand. Each type is associated with a service area, the distance that park users can be expected to travel to reach a park of this type. Service areas are placement standards set by either the General Plan or "rule -of -thumb standards provided by the National Parks and Recreation Association that assist in iocating facilities. VDA will reviewthe existing park and open space facilities and their locations to determine underserved areas where new facilities should be placed and will determine from the placement, the types of facilities that should be provided to meet recreational needs. Once the locations, sizes, and program elements are determined for the proposed parks, VDA will prepare a typical site plan for each park type and a list of facilities for each site along with a detailed description and cost estimate for the proposed site improvements. In addition, VDA will evaluate existing facilities and determine required improvements to those sites along with associated costs for the renovations. VDA will work with the team to determine trigger points for implementation of site improvements at existing facilities and construction of new facilities. Meetings with City staff and the Recreation Committeewill be held underthe project managementtask above in order to ensure that the City's needs are being met with the planned facilities. Harris and VDA will work with the City to determine the split between neighborhood parks that the developers may build and receive credits for and larger, regional facilities for which the City will collect fees and construct. I n addition, the use of joint -use drainage basins will be explored and the funding plan for these will be detailed. Under this task, Harris will also develop the capital improvement project templates that will be used to estimate the cost for each of the infrastructure projects. These templates will be provided to the City for approval prior to beginning the cost estimating process. The templates will be set up so that there is a link to a universal unit cost spreadsheet. This will allow unit costs to easily be updated or modified both now and in future updates. Two meetings will be held during this time to review the facility layouts, infrastructure phasing, and LOS standards. A technical memorandum documenting the outcome of the meetings will be distributed to the team. These meetings are included in Task 1.4 Task 5 -- Phasing Plan Task 5.1- Develop Phasing Plan The Harris team, through coordination with City staff, will estimate development phasing in the City in 5-year planning horizons over the next 20 years. GCG will review and incorporate the growth policies set forth in the City's 2011 Growth Management Plan when developing the phasing plan. Based on the Harris team's development forecast, the inventory of current, entitled, and planned developments, input from the development community, and consideration of potential constraints regarding infrastructure phasing, the Harris team will develop a phasing plan. The phasing plan will be presented to the City at two workshops, which are included in Task 1.4. The phasing plan will be updated based on a consensus from all interested parties. For the development phasing plans that are established, the infrastructure needs for each of those growth periods will be determined by the team made up of City staff, the City's technical consultants, and the Harris team. The phasing of the infrastructure for each period will be incorporated in the cash flow analysis. Task 6 - Financing Plan Task 6. / - Define Financing Parameters GCG will begin the financing plan analysis by reviewing the City's existing fee program. In particular, GCG will review all fee account revenues and expenditures to determine what facilities in the City's capital improvement plan have been fully or partially financed and what remaining fund balances can be applied to future facilities. GCG will also review existing development agreements and outstanding credits or reimbursements due to developers, since these may have an impact on the updated fee program. GCG will also work with City staff to determine whether alternate funding sources, such as federal, state, or Caltrans funding, exist for any facilities included in the fee program. Task 6.2 - Identify Required Public Services and Facilities Harris will compile a list of all the project identified in Task 4.1 above and prepare cost estimates for all the facilities. The CIP sheet prepared for each facility will discuss the timing of the project necessary to meet the City's LOS targets. Harris will compile maps of all the facilities as well. Once development impact fees are calculated in Task 6.7, it maybe necessaryto review some of the projects and costs established during this task to work on ways to bring the fee to an acceptable amount. Task 6.3 — Examine Existing Deficiencies Harris will review the proposed projects and will work with City staff to identify projects that remedy existing deficiencies rather than provide new capacity. In addition, it is likely that there are projects for which part of the project serves to mitigate an existing deficiency but the other portion of the project is attributable to new growth. These splits will be determined and the funding from other sources will be clearly identified as separate from the fee program funding. A technical memorandum will be prepared that details the findings of this task. Task 6.4 — Examine Existing Surpluses Harris will review the proposed projects and will work with City staff to determinewhich projects create excess capacity. In other words, projects that create capacity that serves development beyond the current planning horizon will be identified. The split between the fee program funding and future funding will be calculated and the funding from future sources clearly identified. A technical memorandum will be prepared that details the findings of this task. Task 6.5 — Develop Dwelling Unit Equivalent (DUE) Schedules Harris will review the assumptions made in each of the master plans regarding demand factors and will put together a DUE schedule based on generation and demand rates, The DUE schedule forms the basis for the calculation of the fees and is a critical step in the process. A single-family home will be considered 1 DU and all other land uses will be based off their equivalent use compared to that single-family unit. Non-residential land use DUEs will be calculated based on the demand generated from 1,000 SF of building area as compared to that single-family unit. Fehr & Peers will assist Harris with developing the DUE schedule for traffic. There may be interest in more refined trip generation techniques that are now available to account for the context of new development and its effect on transportation demand. For instance, a single- family dwelling with good pedestrian access to nearby retail opportunities and services can generate fewer vehicle trips than a similar house located in a residential subdivisionwith no such access or amenities. Accounting for these factors and translating them into reduced fees can help to incentivize higher -density, mixed-use, infill development that may achieve other City goals. The spreadsheet and back-up methodologywill be submitted to the City, In addition, Policy No. 6 for Wastewater capacity charges will be reviewed and updated. Task 6.6 — Prepare Burden Analysis Once Harris has identified all the required facilities and costs, GCG will calculate the preliminary fees. GCG will apply the DUE and demand factors to allocate a fair share portion of the costs to each land use category. As part of this analysis, the Infill areas will be reviewed and a methodologyfor their fees will be determined. In conjunction with this preliminaryfee calculation, GCG will conduct, with inputfrom City staff, a fee comparison analysisthat includes five cities, The comparison analysis will look at the complete fee burden, including funding from community facilities districts (CFDs) and assessment districts (ADs), for five cities and Lodi. A review of all fees and funding sources is the most valid approach since this will provide a true comparison of the fee burden. The comparison analysis will include regional, city, and school district impact fees, building and environmental fees, and funding from CFDs and AN levied on a single family unit. The Harris team will present the preliminary fees and fee comparison analysis to City staff for discussion and comment. Task 6.7 - Prepare Forecast of Development Impact Fees GCG will develop a cash flow model that will incorporate all forecast growth, phased facilities costs, existing fee fund balances, and preliminarylMFP fees and other potential funding sources. The model will illustrate where future revenue shortfalls may occur and whether interfund borrowing can be used to close the funding gaps for priority projects. In some cases, interfund borrowing will not close the funding gap. In this case, the cash flow model will show when funding from other sources, such as developer equity, CFDs, or ADs, may be necessary. GCG will suggest solutions to mitigate all funding shortfalls and will run up to three cash flow iterations that show various options. The results of each cash flow iteration will be presented to City staff for comment. Based on comments from City staff, GCG will make the final calculation of the fees for the IFMP. It is assumed that two meetings with City staff will occur during this process. Those meetings are included in Task 1.4. Task 6.8 -Adjust the Fee Level Harris and GCG will discuss methodologies for resolving cash flow issues in order for new project infrastructure to be built at the time that it is needed. This task and Task 6.7 overlap each other and will be looked at in conjunction with one another, Task 6.9 - Prepare Finance Plan Report Harris and GCG will compile a technical memorandumthat summarizes the facility plans and cash flow analysis into a finance plan report. The report will also include fees determined pursuant to recent changes in state law that require a methodology within a fee program to account for reducing a fee accordingly when development meets a set of specific "smart growth" characteristics. The Harris team will propose a methodologythat would comply with the requirementsset forth in Government Code section 66005.1 to calculate fees based on the reduced trips resultingfrom transit -oriented development. The updated fee reportwill include recommended guidelines for selection of projects that would be compliantwith the law's requirements and, therefore, be subject to the reduced fees. The report will be in the form of a technical memorandum that includes maps, charts, and detailed summary tables of the facilities, costs, and the resulting impact fees. The draft report will be presented to City staff for comment. Once comments are received, a final financing plan report will be provided to the City. Task 7 —Administrative Draft, Draft, and Final Impact Fee Mitigation program Report Task 7.1- Prepare Administrative Draff and Draft IMFP Harris and GCG will prepare the IMFP report which will incorporate all decisions, assumptions, methodologies and calculations made over the course of the project. Specifically, the report will (i) outline the nexus findings associated with calculation of the fees, (ii) provide information regarding the facilities and costs included in the calculation and the application of other funding sources, if any, (iii) identify the projections for future development that were used as a basis in calculating the fees, and (iv) identify any existing deficiencies and ensure that the cost of the facilities needed to eliminate the deficiency is not included in the fee calculation. The reportwill also identify the cost allocation methodology used to determine the fees and discuss the accounting, reporting, and administrative procedures that are required pursuantto the Mitigation Fee Act. The following will be included in the IMFP Report: Executive Summary and Introductory Sections —this section will summarize the findings of the report, it will also describe the methodology of the report, it will include a general description of the City and the anticipated growth, it will discuss the IMFP development process, and it will include any other pertinent information that helps to define the project. Any maps, tables, or figures that help to better define this section will be included. • Technical Sections —This section will include the technical reports and findings for water, wastewater, storm drainage, transportation, police, fire, parks, Electric and General Facilities. Each of the technical sections will include a description of the level of service standard, a summary table of the DUEs, a discussion of the methodology used to derive DUEs, the phased Capital Improvement Plan including trigger points, discussion of the planned facilities, discussion of the fee zones (if any), the AB1600 findings, and a map showing the facilities. Finance Section —This section will include a description of the financing parameters, a summary of the DUE schedules, an overview of the existing system deficiencies and surpluses, a discussion of the development impact fees including methods for updating the fees, anticipated absorption tables, and cash flow tables. Once the administrative draft of the IMFP has been prepared, 10 hard copies and one electronic copy will be submitted to the City for review. The Harris team will hold workshops with City staff as needed to present the findings, It is anticipated that the first draft of the administrative report will be reviewed by Public Works. Any questions or issueswill be addressed and a second administrative draft will be prepared for review by other City departments. It is assumed that two workshops will be attended as part of this process. After all comments on the administrative draft are received, a draft reportwill be produced. This report will be presented in workshops with City staff, landowners, developers, City Council, Recreation Commission, and the Budget Committee. These meetings are covered under Task 1.5 above. After all comments have been received on the draft, the Harris team will respond to comments and will prepare the final draft IMFP. 25 copies of the final draft IMFP report and one electronic copy will be submitted to the City. It is assumed that all meetings with the City and the development community are included in Task 1.4. Task 7.2 — Prepare Final IMFP and Update Ordinance Once all comments have been received, those comments will be incorporated into the final IMFP. Two copies (one photo-readycopy and one electronic copy) of the reportwill be submitted to the City. Harris and GCG will attend up to four council meetings as necessaryto assist in the adoption of the IMFP. These meetings are included in Task 1.5. The Harris Team will also assist the City in the Review and update of their impactfee ordinance in accordance with the decisions made as part of this process. City of Lodi Development Impact Mitigation Fee Study Scope cr Work Harris & Associates Teak Protect Technical . bimetor Adviser Project "ad, (PDS) Manager Engineer Total Goodwin Consuiatkhg Group Fehrand Poem GmpMesl Principal- ProjectNee Project Admin In-chargeManager president Associate Total Principal Associate Engineer Support Total Principal Vallter Design Asaoelatea Senior; project LandscaO Landscape Architect; Arclotact Total Total $ 260 f 205 $ 180 $ 12D S 240 111 226 S 2110 $ 170 220 175 116 NO S 1..1 �6„6j; f i1 TO 77= � >3F4��.: <7j.3�y�6:; .:. - . 1.1 Kick off Meeting and Project Memorandum 2 2 16 8 E 4,910 2 5- 4 S 2,405 6 4 2 $ 2,240 2 330 S 8885 12 euY Work Plarn Preparetlon of Monthly Progress Reports (Assumes 10 1.3 Months for ct Dus Pro 2 6 24 $ S 1.930 4,560 4 S 900 $ - S E S S $ 2 B30 S 4560 . Project Status Meetings and Meeting Minutes 1.4 Assumes 12 meetinnsl Preaentatlons to City Council, Planning Commisslon, Recreation Commission and Budget Committee Q 1.51meatift-1 Tatk2 ...f _:a _. ': _png..IMi oris: app.. _w ,.,.,.,.�.'f 12 21 �:. A 60 12 E 15,300 14 40 10 5 $ 1b 10 12 4 42 24 S 15,165 28 28 8 6 S 15,640 6 0 :c _<40 -: .:,:i.<40 h:.-�iaZ6b0 .. r:. �.>.,t,.-<..2 -':,:? ,.::`s 92 .. ...�•-.i3.SSU.i , r 4a. x2: i 4 2 $ 4,020 6 0 6 E 1980 6 ,,° 4 2 5.:-.2,28gC+ $ 990 E 35,520 ,9 S 2030 S 34815 .:.�D ;.a? S 'i.5.::i-16340: 2.t Prepare a PoWes and Assuan Dons Re 1 40 40 $ 12.650 1 2 3 t 2 E 3330 4 4 2 E 2 Task3 ., .... : ` .. , orscast , tF . : r: "s; ' ,'F': i.}. ,D + . .;,,._, r. :, 3 -51 F ori 4 260 E S 16240 3.1 Assessy App of Fes none Irnry entoApproved and Proposed Development. 32 Profects 8 8 40 E 40 E 6X0 6,320 - E S S E E E 6,320 S 6320 3.3 Prepare Cftywide Development Forecasts 2E 360 1 1 t .4 $ 1,345 E E E 1,725 34 reGrowth Forecast 2 S 3802 10 2,325 E _ S $ 2,7D5 °..., ::. �....,- .,. .. .F,",t..,. ;.,, v ...�...,..,;'et .: _..- ka S.f K� . ,..,. .. ;....r r � .,. r � r y GY a f a l^- •X ...c u' 41 - ✓ ,;:x .r�- t- r = Tbk•i MesteY,P.ksn_Ao'�. tkgeMsl_tpiiittmproYNhidttlfiiflis;,". 6 :c:....yp ,':..;.540•: ;%.dg "5,�:'.t1fi;860 .:.:.'.40 S `..16920: Coordinate Master Plan Documentsmspltal 4.1 tmptove.., Plans S S S •.'"'iS03�-2D�YD: S S Wale,1 1 40 40 S 12.855 E E E S 12855 Wastewater 1 40 60 S 15,005 S S $ S 15005 Storm Drainage 1 40 40 S 1 W5 S E $ S 126D5 Police 1 24 24 S 7,645 4 4 S 1,580 E $ E 9225 Fire 1 24 24 E 7,544 11 4 4 S t $ $ $ 9,225 Electrical UtRi0es 1 1 60 100 E 23,855 S $ S E 23,855 General CD Fes 1 1 40 40 E 12.855 4 4 $ 1,580 S $ E 14,435 PublicArt Art fee 1 24 40 E 9.565 2 2 8 S 2,210 E $ $ 11,775 Transportation 1 1 24 16 E 6,935 $ 12 8 80 24 E 15,880 E $ MIS Parks Recreation and Open Spam 1 1 24 16 E 6,935 5 $ 66 40 60 S 20.290 E 27.225 :3ask6 ... g; .,:D,,:.. w.R ia:,:.c< ..&+b-.;fi'3 a. . a±,-':. ,5•..'_ey8:9S5:: 5.1 Dever Phasin Pon 40 60 S 14800 2 3 3 14 S 4.135 S S $ 18935 ;Task§ _ .. rot; _sgGng., n x: ..:....-.".,:.. •e =ti ! '.7 ,. w4 4 tit':?' 2 - -:.'_. 6+', 60 t _, �y�,;:, it i4 E6t ti.'"+<, . .,q i ti'- s�* Z' -:�=w>. .f 6.1 Defm o Flnancin Pamrtwtars f 2 3 4 15 $ 4,505 E E $ 4,W5 62 Identifir Reaufred Public Services and Facilities 4 40 80 $ 18.020 S $ E E 18,020 6.3 Examine E ftU Wd,ncies 2 16 20 E 5850 E E E $ 5850 - 6.4 Examine S 2 16 20 E 5,850 $ $ S S 5650 6.5 Dave [hwDin WtItE Equivalent U Schedule 2 16 B $ 441D S 4 4 12 e E 3,840 E $ B 6.6 Prepare Burden Analysis 16 $ 3,040 3 11 20 89 E 22,325 $ $ $ 25365 6.7 Prepare Forecast oftM eM impact Fees 2 E 380 2 10 - 15 40 S 12,530 S E $ 12,910 6.8 Adjust the Feta Level 4 E 760 $ $ S E 760 6,9 Prepare Flnaneo Plan Report 2 4 16 24 $ 7,240 2 3 - 3 11 E 3625 S S E 10865 :7atk7 Fre ft:, ' niltf?Dl1ik�OtaftandFlttU:IMFP i a,:.:.... , ,.A �,z 't0 ;.� r'wv'7g `;; ;e1bD 3. < r'3f:S6D .; ..� 3 : .x.,.12 f.;ry. .:: -:.,., X66.:3('x -..:. Bt080,` ;. ..: p - - . p , ::: ,- it �<:.-.. 0 ...,>'„^'.r . ,. '.;: =i�9 .-.:U :.:..,0 "Ill t0 7.1 re Admin Draft IMFP 2 6 40 120 E 23D 4 8 19 40 S 13,3M S S S 37 0BD 72 Pre re Final IMFP and U ate Ordin8o,08 2 4 2 4.. 4 Is 4i 7. 3_0.: E E S 1 5 -S y'o < �. ': . S _ .. a. , lKettaIDUMaDIO hXPea&&G S 2 E 1 eta: T1 786 926 f 281,016Total: 3 137 4,819 311,75200D 441S 80 48 EO SE 23,60s 461b,1s974 Notes 1. Ail meetngs are assumed to be mvemd underTack 1. The scope for Hanis & GCG assumes attendance at 10 meetings with the City plus aftendance at7 public meetings where presentations YA be g ver, The scope for VDA and F&P astanos attendance at 3 meetings with the City and attendance at 1 public meeting. S. Under Task 7, 5 submittals of the IMFP o assumed. This Includes 2 versions of the administrative draft, draft, final draft and final raps t 4. Assumes the only additional technical analysis needed to complete the mosterpWrming vmfk Is for parks and traffic. Harris vA use the Cty's tediniml analysis to help conhp0e the master pons reports far water, wastewater, storm drainge and 8a electoral utility. Hann & GCG will prepare the master plans for ponce, flue, and general dtylacines. S. An allowance for mimbumeable expenses has been made In accordance with the assumptions In the scope of wort,. Shovfd additional copies o4 reports ba needed, the cost will be direct tilled to the Client Harris & Associates. Shaping the Future, One Project ata rimesm EXHIBIT B RANGE OF HOURLY RATES: ALL EMPLOYEES Effective January 1— December 31.2011 Z W C VE IGN ANI! ►L SERVICES GROUP," HOURLY RATE Project Directors $190-260 Project Managers 150-260 Project Engineers 125-195 Technical Support 75-130 Administration 65-95 GONSTRUC I ION / PROGRAM MANAGEMENT HOURLY RATE Project Directors $190-260 Project Managers 150-260 Construction Managers 125-200 Resident Engineers 150-200 Construction Engineers 110-200 Scheduling Engineers 110-190 Cost Engineers 110-190 Inspectors * 100-160 Technicians 90-160 Administration 65-95 Notes: Rates are subject to adjustment due to promotions during the effective period of this schedule. A new rate schedule will become effective January 1, 2012 and on the 1st of January every year thereafter. Unless otherwise indicated in the cost proposal, hourly rates include most indirect costs, such as equipment, computers, communications and reproduction (except large quantities such as construction documents for bidding purposes). * Inspectors working in the State of California are subject to the Prevailing Wage Rates established for that area. 2316 Orchard Parkcwav, Suite 120 Tracy, CA 95377 209-833-3310 f.209-833-1624 hams-assoc.com CITY OF LODI Exhibit C 221 West Pine Street, P.O. Box 3006, Lodi, California, 95241-1910 INSTRUCTIONS/REQUIREMENTS FOR INSURANCE COVERAGE 1. All contractors/developers who have contracts or agreements with the City are required to carry general liability/automobile insurance. 2. A duplicate or certificate of insurance shall be delivered to the City prior to starting any work on a project. 3. Each certificate shall contain satisfactory evidence that each carrier is required to give the City of Lodi notice 30 days prior to the cancellation or reduction in coverage of any policy. 4. The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring. 5. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements, and shall specifically bind the insurance carrier. 6. The CITY OF LODI, ITS ELECTEDAND APPOINTED BOARDS, COMMISSIONS, OFFICERS, AGENTS, EMPLOYEESAND VOLUNTEERS must be named as additional insured on an endorsement attached to the certificate of insurance. (THE CITY OF LODI, ITS ELECTEDAND APPOINTED BOARDS, COMMISSIONS, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS MUST BE P ) THE kDDIT IN ' 7. Both the street address and the post office box of the CITY OF LODI must be shown along with Number 6 above: 221 West Pine Street, P.O. Box 3006, Lodi, California, 95241-1910. 0. In addition to the additional named insured endorsement on the policy of insurance, said insurance policy shall be endorsed to include the following language: "Such insurance as is afforded by the endorsement for the additional insureds shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees sha!! be excess only and not contributing with the coinsurance afforded by this endorsement." 9. The minimum limits of such insurance shall be $1,000,000 Bodily Injury each occurrence/aggregate, $1,000,000 Property Damage each occurrence/aggregate, or $1,000,000 combined single limit. Automobile insurance $1,000,000: Contractors must carry automobile insurance; Developers must carry auto insurance only if their vehicles are used on site. 10. If the limits of coverage are not the amounts specified in Number 9 above, and/or if the City is not named as an additional insured on the attachment to the certificate of insurance, and/or if the primary insurance endorsement is not attached, the City will not accept the certificate and a corrected certificate must be furnished to the City. 11. Contractor/Developer agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistentwith the claim period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). 12. "Claims made" coverage requiring the insureds to give notice of any potential liability during a time period shorter than that found in the Tort Claims Act shall be unacceptable. 13. No contract agreement will be signed nor will any work begin on a project until the proper insurance certificate is received by the Public Works Department. Please be sure your insurance company sends this certificate to the attention of the Public Works Department. J:F0RMSAN8URANC,D0C Rev. 8/30/02 Exhibit 2 Hams & Associates,,, Shaping the Future, One Project at a Times,, April 4, 2012 Wally Sandelin City Engineer Public Works Department 221 West Pine Street Lodi, CA 95241-1910 SUBJECT: Proposed Amendment 1 IMFP Update Dear Wally, This letter serves as a request for a contract amendment in the amount of $30,000 for the "Update of the Impact Mitigation Fee Program"dated March 29, 2011 betweenthe City of Lodi and Harris and Associates, Inc. The amended scope of work and budget are attached. The change in scope increases the fee for the project by $30,000. Table 1 shows a detailed breakdown of the hours and costs for the contract amendment. Incorporation of the amendment will increase the total budget from $451,190 to $481,190. Over the past 12 months, we have been working diligently with the building and development communityto build consensus on the structure and scope of the fee program. This has resulted in significant additional and unanticipated work and delay to develop the final fees for water, wastewater, storm drainage, parks, transportation, and electric. In addition, preparation of a new Bike Master Plan has been added to the program. Some of the changes requested by the City include: 1 Additional meetings and project management services 2. Additional cost estimating associated with changing project descriptions and program scope 3. Additional analysis resulting from changes to the program scope i n the areas of water, wastewater, storm drainage, parks, transportation and electric. 4. Updating the master plans to be consistentwith the changes to the scope of the fee program and adding the Bike Master Plan. In order to complete these tasks, we request an amendment of $30,000for our team (Harris and Goodwin), which we estimate would be sufficientto complete the project. The following assumptionswere made in determining the amount of this amendment: • Fouradditional stakeholder meetings. • No further/additional changes to the fees or methodology • Two additional rounds of edits to the IMFP document • One additional round of edits on the Master Plans (beyond the City's first set of edits). • Completion of our work and adoption of the fee program in August 2012 Except as specifically modified by this amendment, all terms and conditions of the original agreement between the City and Harris and Associates remain in effect. Additional services will be billed on a time and materials basis with a not to exceed amount of $30,000. 2316 Orchard Parkway, Suite 120 Tracy, CA 95377 209.833.3310 f.209.833.1624 tracy@harris-assoc.com Lodi IMFP Update Page 2 Please feel free to email meat aboulev(@harris-assoc.com or call twat 209,833.3310 1 you have any questions. Sincerely, 04 ?-- RL Alison Bouley, P.E. Project Manager Bob Guletz, P.E. Project Director NI Harris & Associates Table 1- Amended Exhibit B Estimated Work Effort and Cost City of Lodi IMFP Update Harris & Associates Task No. Task Description Harris & Associates Goodwin Consulting Total Cost Project Project Manager Engineer Project Manager Associate 8 Modifications to Impact Fee Program Modify Storm Drainage Fee Calculations 4 6 4 4 $ 3,060 Modify Parks costs, calculations and study 4 6 4 4 $ 3,060 Modify traffic Costs and fees 4 4 4 4 $ 2,820 Review water methodology and update fees and studies 12 12 8 8 $ 6,880 Review wastewater methodology and update fees and studies 12 121 81 8 $ 6,880 Additonal Meetings and Project management 121 81 121 81$ 7,300 Total Amendment I I 1 1 $ 30,000 1. AA# 2. JV# FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT A. 3251 5037 Reimb-Measure K $ 50,000.00 SOURCE OF FINANCING $ 50,000.00 B. 325 325315 7323 Bike Master Plan 50,000.00 USE OF FINANCING 7. REQUESTIS MADETO FUNDTHE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET Please provide a description of the project, the total cost of the project, as well as justification for the requested adjustment. If you need more space, use an additional sheet and attach to this form. Amendment to the professional services agreement with Harris and Associates for the Bike Master Plan related to the Impact Mitigation Fee update. If Council has authorized the appropriation adjustment, complete the following: Meeting Date: , Res No: a Attach copy of resolution to this form. Department Head Signature: Deputy City Manager/Internal Services Manager Date Submit completed form to the Budget Division with any required documentation, Final approval will be provided in electronic copy format. RESOLUTION NO. 2012-39 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING CITY MANAGERTO EXECUTE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR DEVELOPMENT IMPACT MITIGATION FEE PROGRAM UPDATEAND FURTHER APPROPRIATING FUNDS WHEREAS, on March 16, 201 1, City Council approved a professional services agreement with Harris and Associates in the amount of $451,190 to update the Development Impact Mitigation Fee Program pursuantto adoption of the 2010 General Plan; and WHEREAS, over the past 24 months, the project team has diligently worked with the building and development community to build consensus on the structure and scope of the fee program, resulting in significant additional and unanticipated work and delay to develop the final fees for water, wastewater, storm drainage, parks, transportation, and electric. In addition, preparation of a new Bike Master Plan has been added to the program; and WHEREAS, staff recommends executing an amendment to the professional services agreement for the Development Impact Mitigation Fee Program with Harris and Associates in the amount of $30,000 and appropriating funds in the amount of $50,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the professional services agreement for Development Impact Mitigation Fee Program update with Harris and Associates, of Tracy, California, in the amount of $30,000; and BE IT FURTHER RESOLVED that funds in the amount of $50,000 be appropriated from Measure K Bicycle Program Non-Competitivefunds. Dated: April 18, 2012 ------------------------------------------------------------------- ------------------------------------------------------------------- hereby certify that Resolution No. 2012-39 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 18, 2012, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Nakanishi, and Mayor Mounce NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Katzakian ABSTAIN: COUNCIL MEMBERS—None I JOHL City Clerk 2012-39