HomeMy WebLinkAbout22-55 Approving Agreement Tischler Bise Professional Services 5-11-2022RESOLUTION NO. 22-55
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF
FIRESTONE AND TISCHLER BISE FOR PROFESSIONAL SERVICES
WHEREAS, the Town of Firestone ("Town") is in need of professional services to prepare
a development impact fee study ("Project"); and
WHEREAS, the Town published a request for qualifications for such services for the
Project; and
WHEREAS, the Town has evaluated the proposals submitted in response to the request for
qualifications, and finds that TischlerBise is the most qualified for the professional services
described in the request for qualifications; and
WHEREAS, the Town finds that TischlerBise has the expertise, qualifications, and
experience to perform the work and duties required for the Project, and desires to select
TischlerBise for the request for qualifications and to enter into an agreement with TischlerBise to
provide the Professional Services as described in the scope of services, attached to the Professional
Services Agreement as Exhibit A; and
WHEREAS, the Board of Trustees finds and declares that it is in the best interest of the
Town to award the request for qualifications to TischlerBise as the most qualified, responsive
proposal.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Professional Service Agreement beriveen the Town of Firestone and TischlerBise is
approved in substantially the same form as the copy attached hereto and made a part %J this
Resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. MA to
INTRODLIC'ED, READ AND ADOPTED this lay of , 2022.
FIRESf......T. .
pk �
o TOWN OF FIRESTONE, COLORADO
p as 'O
�f *doDre an Peterson, Mayor
coO
Je�si�a Koenig, CMC,
OVED AS TO gORM:
William Y. Hayashi; Town Attorney
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into
this J,1Jday of D101A 2022 (the "Effective Date"), by and between the TOWN OF FIRESTONE,
a Colorado municipal core tion with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the
'Town"), and TISCHLERBISE, an independent Consultant with a principal place of business at 4701
Sangamore Road, Suite S240 Bethesda, MD 20816 ("Consultant ") (each a "Party" and collectively the
"Parties").
WHEREAS, the Town requires professional services; and
WHEREAS, Consultant has held itself out to the Town as having the requisite expertise and
experience to perform the required professional services.
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
I. SCOPE OF SERVICES
A. Consultant shall furnish all labor and materials required for the complete and prompt
execution and performance of all duties, obligations, and responsibilities which are described or reasonably
implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this
reference and known as: Impact Fee Study (A2022.9908).
B. A change in the Scope of Services shall not be effective unless authorized as an amendment
to this Agreement. If Consultant proceeds without such written authorization, Consultant shall be deemed to
have waived any claim for additional compensation, including a claim based on the theory of unjust
enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or
representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a
course of action.
II. TERM AND TERMINATION
A. This Agreement shall commence on the Effective Date, and shall continue until Consultant
completes the Scope of Services to the satisfac#ion of the Town, or until terminated as provided herein.
B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town
shall pay Consultant for all work previously authorized and completed prior to the date of termination. If,
however, Consultant has substantially or materially breached this Agreement, the Town shall have any
remedy or right of set-off available at law and equity.
Ill. COMPENSATION
In consideration for the completion of the Scope of Services by Consultant, the Town shall pay the
consultant 65 840.00, This amount shall include all fees, costs and expenses incurred by Consultant ,and
no additional amounts shall be paid by the Town for such fees, costs and expenses. Consultant may submit
periodic invoices, which shall be paid by the Town within 30 days of receipt.
IV. PROFESSIONAL RESPONSIBILITY
1. Consultant hereby warrants that it is qualified to assume the responsibilities and render the
services described herein and has all requisite corporate authority and professional licenses in good
standing, required by law. The work performed by Consultant shall be in accordance with generally accepted
professional practices and the level of competency presently maintained by other practicing professional
firms in the same or similar type of work in the applicable community. The work and services to be performed
by Consultant hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations.
B. The Town's review, approval or acceptance of, or payment for any services shall not be
construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of
the performance of this Agreement.
C. Because the Town has hired Consultant for its professional expertise, Consultant agrees
not to employ subConsultant s to perform any work except as expressly set forth in the Scope of Services.
V. OWNERSHIP
Any materials, items, and work specified in the Scope of Services, and any and all related
documentation and materials provided or developed by Consultant shall be exclusively owned by the Town.
Consultant expressly acknowledges and agrees that all work performed under the Scope of Services
constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire,"
Consultant hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work.
The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute,
destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving
consent from Consultant .
If the Town reuses or makes any modification to Consultant's designs, documents or work product
without the prior written authorization of Consultant, the Town agrees, to the fullest extent permitted by law,
to release the Consultant, its officers, directors, employees and sub -consultants from all claims and causes
of action arising from such uses, and shall indemnify and hold them harmless from all costs and expenses,
including the cost of defense, related to claims and causes of action to the extent such costs and expenses
arise from the Town's modification or reuse of the documents.
The Town expressly acknowledges and agrees that the documents and data to be provided by
Consultant under the Agreement may contain cer#ain design details, features and concepts from the
Consultant's own practice detail library, which collectively may form portions of the design for the Project, but
which separately, are, and shall remain, the sole and exclusive property of Consultant. Nothing herein shall
be construed as a limitation on the Consultant's right to re -use such component design details, features and
concepts on other projects, in other contexts or for other clients.
VI, INDEPENDENT CONSULTANT
Consultant is an independent Consultant .Notwithstanding any other provision of this Agreement,
all personnel assigned by Consultant to perform work under the terms of this Agreement shall be, and remain
aI all times, employees or agents of Consultant for all purposes. Consultant shall make no representation
that it is a Town employee for any purposes.
VIL INSURANCE
9. Consultant agrees to procure and maintain, at its awn cost, a policy or policies of insurance
sufficient to insure against all liability, claims, demands, and other obligations assumed by Consultant
pursuant to this Agreement. At a minimum, Consultant shall procure and maintain, and shall cause any
subConsultant to procure and maintain, the insurance coverages listed below, with forms and insurers
acceptable to the Town.
1. Worker's Compensation insurance as required bylaw.
2. Commercial General Liability insurance with minimum combined single limits of $1,000,000
each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises
and operations, and shall include coverage for bodily injury, broad form property damage, personal
injury (including coverage for contractual and employee acts), blanket contractual, products, and
completed operations. The policy shall contain a severability of interests provision, and shall include
the Town and the Town's officers, employees, and Consultants as additional insureds. No additional
insured endorsement shall contain any exclusion for bodily injury or property damage arising from
completed operations.
3. Professional liability insurance with minimum limits of $9,000,000 each claim and
$2,000,000 general aggregate.
6. Such insurance shall be in additwn to any other insurance requirements imposed by law.
The coverages afforded under the policies shall not be canceled, terminated or materially changed without
at least 30 days prior written notice to the Town. In the case of any claims -made policy, the necessary
retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.
Any insurance carried by the Town, its officers, its employees or its Consultant s shall be excess and not
contributory insurance to that provided by Consultant . Consultant shall be solely responsible for any
deductible losses under any policy.
C. Consultant shall provide #o the Town a certificate of insurance as evidence that the required
palicies are in full force and effect. The certificate shall identify this Agreement.
VIII, INDEMNIFICATION
A. Consultant agrees #o indemnify and hold harmless the Tawn and i#s officers, insurers,
volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages,
losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including
without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or
damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with
this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error,
professional error, mistake, negligence, or other fault of Consultant , any subConsultant of Consultant , or
any officer, employee, representative, or agent of Consultant , or which arise out of a worker's compensation
claim of any employee of Consultant or of any employee of any subConsultant of Consultant . Consultant's
liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount
represented by the degree or percentage of negligence or fault attributable to Consultant , any subConsultant of
Consultant , or any officer, employee, representative, or agent of Consultant or of any subConsultant of
Consultant .
B. If Consultant is providing architectural, engineering, surveying or other design services under
this Agreement, the extent of Consultant 's obligation to indemnify and hold harmless the Town may be
determined only after Consultant's liability or fault has been determined by adjudication, alternative dispute
resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-
102(8)(c).
IX. ILLEGAL ALIENS
A. Certification. By entering into this Agreement, Consultant hereby certifies that, at the time
of this certification, it does not knowingly employ or contract with a worker without authorization, as that term
is defined in C.R.S. § 8-17.5-101(9), as amended, who will perform work under this Agreement and that
Consultant will participate in either the E-Verify Program administered by the United States Department of
Homeland Security and Social Security Administration or the Department Program administered by the
Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who
are newly hired to perform work under this Agreement.
B. Prohibited Acts. Consultant shall not knowingly employ or contract with a worker without
authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, to perform work under this
Agreement, or enter into a contract with a subConsultant that fails to certify to Consultant that the
subConsultant shall not knowingly employ or contract with a worker without authorization, as that term is
defined in C.R.S. § 8-17.5-101(9), as amended, to perform work under this Agreement.
C. Verification.
1. If Consultant has employees, Consultant has confirmed the employment eligibility of all
employees who are newly hired to perform work under this Agreement through participation in either
the E-Verify Program or the Department Program.
2. Consultant shall not use the E-Verify Program or Department Program procedures to
undertake pre -employment screening of job applicants while this Agreement is being performed.
3. If Consultant obtains actual knowledge that a subConsultant performing work under this
Agreement knowingly employs or contracts with a worker without authorization, as that term is
defined in C.R.S. § 8-17.5-101(9), as amended, who is performing work under this Agreement,
Consultant shall: notify the subConsultant and the Town within 3 days that Consultant has actual
knowledge that the subConsultant is employing or contracting with a worker without authorization,
as that term is defined in C.R.S. § 8-17.5-101(9), as amended, who is performing work under this
Agreement; and terminate the subcontract with the subConsultant if within 3 days of receiving the
notice required pursuant to subsection 3 hereof, the subConsultant does not stop employing or
contracting with the worker without authorization who is performing work under this Agreement;
except that Consultant shall not terminate the subcontract if during such 3 days the subConsultant
provides information to establish that the subConsultant has not knowingly employed or contracted
with a worker without authorization, as that term is defined in C.R.S. § 8-17.5101(9), as amended,
who is performing work under this Agreement.
D. Duty to Comely with lnvestiaations. Consultant shall comply with any reasonable request
by the Colorado Department of Labor and Employment made in the course of an investigation conducted
pursuant to C.R.S. § 8-17.5102(5)(a) to ensure that Consultant is complying with the terms of this Agreement.
E. Affidavits, If Consultant does not have employees, Consultant shall sign the No Employee
Affidavit" attached hereto, If Consultant wishes to verify the lawful presence of newly hired employees who
perform work under the Agreement via the Department Program, Consultant shall sign the "Department
Program Affidavit" attached hereto,
X. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado,
B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of
this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this
Agreement.
C. Inkearation. This Agreement constitutes the entire agreement between the Parties,
superseding all prior oral or written communications.
D. Third Parties. There are no intended third -party beneficiaries to this Agreement.
E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient
when directly presented or sent pre -paid, first class United States Mail to the Party at the address set forth
on the first page of this Agreement.
F. Severability. If any provision of this Agreemen# is found by a court of competent jurisdiction
#o be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and
effect.
G. Modification. This Agreement may only be modified upon written agreement of the Parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall
be assigned by either Party without the written consent of the other.
I. Governmental immunity. The Town and its officers, attomeys and employees, are relying
on, and do not waive or intend to waive by any provision of this Agreemen#, the monetary limitations or any
other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-
10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees.
J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in
addition to any other rights and remedies provided bylaw, The expiration of this Agreement shall in no way
limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work
negligently or defectively performed,
K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution,
any financial obligation of the Town not performed during the current fiscal year is subject to annual
appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory
charge, requirement, debt or liability beyond the current fiscal year.
L. Representative Authority. Each person signing this Agreement represents and warrants that
he or she is duly authorized and has the legal capacity to execute the Agreement,
!N WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
err�cr•
APPROVED AS TO FO.f�M:
William h:
*be to* goo aTpM
' TOWN °eem o°�F
Y
By:
TOWN OF FIRESTONE, COLORADO
� ,Mayor
u 1RJTLrsa'�\
I
DEPARTMENT PRUGRAM AI=FIDAVIT
To be completed only if Consukant participates in the uepaHment of Labor Lawfui Presence Verification Program
I,—ewso., use as a public Consultant under contract with the Town of Firestone
the "Town"), hereby affirm that:
1. I have examined or will examine the legal work status of all employees who are newly hired
for employment to perform work under this public contract for services ("Agreement") with the Town within
20 days after such hiring date;
2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which
verify the employment eligibility and identity of newly hired employees who perform work under this
Agreement; and
3. I have not and will not alter or falsify the identification documents for my newly hired
employees who perform work under this Agreement.
Signature
COUNTY OF
T e foregoing instrumen
2022, by
My commission expires:
(SEAL)
2 �-
Date
--11
wa sNbscribed, s to (or affirmed}
as
day of
of
JENNIFER RO81N SIZDAHKHANI
Notary Public
Montgorrtery Coun#y
Gommileian Ezplroe Dea.1
EXHIBIT A
SCOPE OF SERVICES
Consultant's Duties - Per March 25, 20222 Proposal The following tasks at the fixed fee
Task 1: Project Initiation /Data Acquisition
Task 2: Prepare Land Use Assumptions and Development Projections
Task 3: Determine Capital Facility Needs and Service Levels
Task 4: Evaluate Different Allocation Methodologies
Task 5: Determine Need for "Credits" to be Applied Against Capital Costs
Task 6% Conduct Funding and Cash Flow Analysis
Task 7: Prepare Impact Fee Report, Public Presentations
Task 8: Public outreach $5 524
TOTAL $63,840
Scope of Work
The following scope of work provides detailed steps to ensure this project is completed successfully and
meets the legal requirements for impact fees, based the State's enabling legislation (CRS 29-20-104.5)
requirements for impact fees, as well as national case law.
TASK 1: PROJECT INITIATION /DATA ACQUISITION
During this task, we will meet with Town staff to establish lines of communication, review and discuss project
goals and expectations related to the project, request data and documentation related to new proposed
development, and discuss staffs role in the project. The objectives of this initial discussion are outlined
below:
• Obtain and review recent permit data and other land use information for the Town of Firestone
• Review and refine work plan and schedule
• Assess additional information needs and required staff support
• Identify and collect data and documents relevant to the analysis
• Identify any relevant policy issues
Review of Current Fee Structure. As part of Task 1 activities, TischlerBise will review relevant budgets,
fiscal information, planning documents, past studies and other material so that meaningful discussions can
be held with Town staff. TischlerBise will then meet with appropriate staff to discuss the Town's current
impact fee structure, including level of service assumptions, future capital facility needs, geographic sub-
areas, existing and future funding arrangements and other items relevant to meeting requirements for
impact fees. Included in this review will be an examination of whether other impact fee categories are
feasible. This Task will conclude with a Technical Memorandum discussing our review and initial thoughts
on best practices for the Town's existing impact fees, as well as summarizes our recommendations for
additional impact fee categories (if applicable). If additional impact fees are recommended, a scope of work,
timeline and costs will be provided.
Meetings:
One (1) on -site visit to meet with Town staff as appropriate.
Deliverables:
Data request memorandum (prepared in advance of meeting). Technical Memorandum on Current and
Recommended Impact Fees.
TASK 2: PREPARE LAND USE ASSUMPTIONS AND DEVELOPMENT PROJECTIONS
The purpose of this task is to review and understand the current demographics of the Town and determine
future development for the Town in terms of new population, housing units, employment, and nonresidential
building area over the next 10-20 years. TischlerBise will prepare a plan that includes projections of
changes in land uses, densities, intensities, and population. A map of the areas) to which the land use
assumptions apply will also be included in this task.
Meefings:
Discussions with the Planning and Development Department and other relevant staff held as part of Task
1, as well as conference calls as needed.
Tischl re Bise
FI G('AI I FCONDMIC I CLAN NING
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Deliverables:
TischlerBise will prepare a draft Technical Memorandum discussing the recommended land use factors
and projections. After review and sign -off by the Town, a final memorandum will be issued, which will
become part of the final Impact Fee Report.
TASK 3: DETERMINE CAPITAL FACILITY NEEDS AND SERVICE LEVELS
This Task as well as Tasks 4-6 may vary somewhat depending on the methodology applied to a particular
impact fee category. The impact fee study for each facility type would be presented in separate chapters in
the Impact Fee Report.
Identify FacilitieslCosts Eligible for Impact Fee Funding. As an essential part of the nexus analysis,
TischlerBise will evaluate the impact of development on the need for additional facilities, by type, and
identify costs eligible for impact fee funding. Elements of the analysis include:
• Review facility plans, fixed asset inventories, and other documents establishing the relationship
between development and facility needs by type.
• Identify planned facilities, vehicles, equipment, and other capital components eligible for impact fee
funding.
• Prepare forecast of relevant capital facility needs.
• Adjust costs as needed to reflect other funding sources.
As part of calculating the fee, the Town may include the construction contract price; the cost of acquiring
land, improvements, materials, and fixtures; the cost for planning, surveying, and engineering fees for
services provided for and directly related to the construction system improvement; and debt service charges,
if the Town might use impact fees as a revenue stream to pay the principal and interest on bonds, notes or
other obligations issued to finance the cost of system improvements. All these components will be
considered in developing an equitable allocation of costs.
Identify Appropriate Level of Service (LOS) Standards. We will review needs analyses and LOS for
each facility type. Activities related to this Task include:
• Apply defined service standards to data on future development to identify the impacts of
development on facility and other capital needs. This will include discussions with staff of the
existing versus adopted LOS, as appropriate.
• Ascertain and evaluate the actual demand factors (measures of impact) that generate the need for
each type of facility to be addressed in the study.
• Identify actual existing service levels for each facility type. This is typically expressed in the number
of demand units served.
• Define service standards to be used in the impact fee analysis.
• Determine appropriate geographic service areas (if necessary) for each fee category.
Meetings:
Two (2) meetings with Town staff to discuss capital facility needs and levels of service.
Deliverables:
Memoranda as appropriate. Results integrated into Draft/Final Impact Fee Report.
TischlerBise
FISCAL I ECONOMIC PLANNING
22
TASK 4: EVALUATE DIFFERENT ALLOCATION METHODOLOGIES
The purpose of this Task is to determine the methodology most appropriate for each impact fee category.
As noted previously, the three basic methodologies that can be applied in the calculation of impact fees are
the plan -based, incremental expansion, and cost -recovery approaches. Selection of the particular
methodology for each component of the impact fee category will depend on which is most beneficial for the
Town. In some cases, we will prepare the impact fees for a particular infrastructure category using several
methodologies and will discuss the trade-offs with the Town. This allows the utilization of a combination of
methodologies within one fee category. For instance, aplan-based approach may be appropriate for a new
building while an incremental approach may be appropriate for support vehicles and equipment. By testing
all possible methodologies, the Town is assured that the maximum supportable impact fee will be
developed. Policy discussions will then be held at the staff level regarding the trade-offs associated with
each allocation method prior to proceeding to the next Task as well as trade-offs regarding implementation
as impact fees.
Meetings:
One (1) meeting with Town Council to discuss issues related to allocation methodologies and relevant
policy issues.
Deliverables:
"Storyboard" presentation on fee options.
TASK 5: DETERMINE NEED FOR "CREDITS" TO BE APPLIED AGAINST CAPITAL COSTS
A consideration of "credits" is integral to the development of a legally valid impact fee methodology. There
are two types of "credits" that are included in the calculation of impact fees, each with specific, distinct
characteristics. The first is a credit due to possible double payment situations. This could occur when a
property owner will make future contributions toward the capital costs of a public facility covered by an
impact fee. The second is a credit toward the payment of an impact fee for the required dedication of public
sites and improvements provided by the developer and for which the impact fee is imposed. Both types of
credits will be considered and addressed in the impact fee study.
Deliverables:
Memoranda as appropriate. See Task 7.
TASK 6: CONDUCT FUNDING AND CASH FLOW ANALYSIS
In order to prepare a meaningful capital funding strategy, it is important to not only understand the gross
revenues, but also the capital facility costs and any deficits. In this case, some consideration should be
given to anticipated funding sources. This calculation will allow the Town to better understand the various
revenue sources possible and the amount that would be needed if the impact fees were discounted.
The initial cash flow analysis will indicate whether additional funds might be needed or if the funding strategy
might need to be changed to have new growth pay its fair share of new capital facilities. This could also
affect the total credits calculated in the previous Task. Therefore, it is likely that a number of iterations will
be conducted in order to refine the cash flow analysis reflecting the capital improvement needs.
Deliverables:
See Task 7.
Tisch re BI ise
FISCAL I ECONOMIC I PLANNING
23
TASK 7: PREPARE DRAFT AND FINAL IMPACT FEE REPORT, PUBLIC PRESENTATIONS
TischlerBise will prepare a draft report for the Town's review. The report will summarize the need for all
relevant categories of impact fees in Firestone and the relevant methodologies employed in the calculation.
It will also document all assumptions and cost factors. The report will include at a minimum the following
information:
• Executive summary
• A detailed description of the methodologies used during the study
• A detailed description of all LOS standards and cost factors used and accompanying rationale
• A detailed schedule of all proposed fees listed by land use type and activity
• Other information which adequately explains and justifies the resulting recommended fee schedule
• Cash flow analysis
• Implementation and administration procedures (including recommended escalation procedures)
Following the Town's review of the draft report, we will make mutually agreed upon changes to the impact
fee report and issues a final version.
TischlerBise's reports) will have flow diagrams clearly indicating the methodology and approach, a series
of tables for each fee category showing all of the data assumptions and figures, and a narrative explaining
all of the data assumptions, sources and the methodologies. The report will be a stand-alone document
clearly understood by all interested parties. Because of the firm's extensive experience in calculating impact
fees and preparing such reports, we have developed a very succinct written product that leaves awell-
understood paper trail.
Analysis of Peer Community Fee Structures. In this Task, TischlerBise will prepare a comparative
analysis of peer communities' impact fee structures. The analysis will compare how the proposed impact
fee structure for the Town of Firestone compares to other peer communities, including noting any
differences in fee schedules and methodologies.
Potential Impact on Housing Affordability. As part of the Impact Fee Report, TischlerBise will estimate
the effect of imposing the proposed impact fees on the affordability of housing in the Town. The analysis
will examine the current household income and housing expenses that burden an average household in
the Town. Next, the proposed impact fees will be included in the cost burden analysis to identify the effect
the proposed impact fees will have on affordable housing in the Town.
Meetings:
Two (2) meetings/ presentations to present the Impact Fee Study with the Town Council and/or other bodies.
Deliverables:
Draft and Final Impact Fee Study.
TASK 8: PUBLIC OUTREACH
Meetings with various stakeholder groups will allow interested parties, designated by the Town, to
understand assumptions and raise any questions about the technical data and approach being used in the
fee update. The intent is for these discussions to be an opportunity for interested parties to understand the
soundness and reasonableness of the technical methodologies, and to a certain extent, the political and/or
philosophical use of fees. We recommend a minimum of two meetings —one toward the beginning of the
TischlerBise
FISCAL � ECONOMIC I PLANNING
24
process, where we discuss, process, development projections, and preliminary methodological directions,
and one to discuss the draft work product.
Meetings:
Two (2) meetings with stakeholders; these are typically timed with trips for meetings with staff and Steering
Committee.
Deliverables:
Presentation materials for meetings.
Tischl re Bise
noel I [rn NnMlr I �1 ANNI`.r
25
Section E: Schedule
Project Schedule
The table below indicates our proposed schedule for this assignment, assuming an early May start date.
IMPACT FEE PROJECT SCHEDULE FOR FIRESTONE, COLORADO
�_ -- ..
Data Request Memorandum. Technical
Task 1: Project Initiation /Data Acquisition May, 2022 1 Memorandum on Current and
Recommended Impact Fees
Task2: Prepare Land UseAssumptionsand
Technical Memorandum Outlining
Development Projections
May-1une,2022
1
Recommended Land Use Assumptions
Task3:DetermineCapitalFacilityNeedsandService
May-August,2022
2
Memoranda as Appropriate
Levels
Task4: Evaluate Different Allocation Methodologies
August, 2022
1
"Storyboard" Presentation on Fee Options
TaskS:DetermineNeedfor"Credits"tobeApplied
August,2022
D
SeeTask7
Against Capital Costs
Task6: Conduct Funding and Cash Flow Analysis
August, 2022
D
SeeTask7
Task7: Prepare Impart Fee Report, Public
August -October, 2022
2
Draft and Final Impact Fee Reports
Presentations
TaskB:PublicOutreach
July-September,2022
2
Presentation Materials as Appropriate
`In some cases i[is assumed
rneetings
are held with multiple
departmenu over one
(1) trip.
Forexample,
Stakeholtlermeelingscan ne
held on projectvisits.
Internal Communications
An essential component of these efforts is frequent, ongoing, and meaningful communication between the
consultant team and staff. TischlerBise is known for its hands-on approach, with face-to-face meetings,
frequent conference calls, and ongoing email communications as an integral part of our work scope. The
specific strategy is to use the Work Scope and Schedule to manage the project. It is recommended that the
Town identify a staff Project Manager who serves as a point person between the consultant team and the
Town. It is also recommended that a staff working group/technical committee be identified to provide
feedback throughout the study process. This enables effective and efficient processes as well as keeps
relevant staff apprised of the study's progress and content. TischlerBise also recommends periodic briefings
with Town Administration.
Accessibility
TischlerBise will attend pre -scheduled meetings with Town staff in person deploying staff from our main
office in Maryland, as well as our Boise office. TischlerBise staff regularly travel to our national client base
without incident and occasionally will utilize regional trips to add additional unscheduled trips to clients.
TischlerBise's regular and repeat work in Colorado affirms our flexibility and ability to accommodate
schedules. Our Project Team will be available via email and phone throughout the study, and our
accessibility and availability will continue throughout the term of the Agreement. We encourage you to
consult our references regarding our superior accessibility and availability.
TischlerBise
FISCAL ECONOMIC I PLANNING
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Project Management Approach
TischlerBise utilizes a project management process which ensures our projects are completed on time and
within budget, and, most importantly, they yield results that match our clients' expectations. Our project
management plan employs the following principles to mitigate potential risk and result in successful
projects:
• Risk: Lack of Understanding of Project Goals, Objectives, and Desired Outcomes
o Mitigation: We begin by defining the project to be completed. Based on discussions that
occur as part of our Project Initiation task, Carson Bise, along with Mr. McAweeney will identify
the final project goals and objectives in collaboration with Town staff, list potential challenges
to the process, and develop a plan to ensure successful outcomes and effective
communication.
• Risk: Schedule Delays
o Mitigation: We will plan the project schedule from the outset. As part of the Project
Initiation task, Mr. Bise will work with Town staff to create an agreed -upon timetable to meet
the project schedule. Prior to beginning the project, Mr. Bise will assign roles that will ensure
that the project schedule is met on time and within budget.
• Risk: Technical Complications
o Mitigation: We will actively manage the project process. Mr. Bise and Mr. McAweeney
have a long history of strong project management skills that are supported by past project
successes (we encourage you to contact our references in this regard). Mr. Bise will manage
the work in progress, provide guidance and oversight to staff, and be accountable to the Town
meeting the schedule, budget, and technical requirements of the project.
• Risk: Quality Control
o Mitigation: We will review all project deliverables and communication through a formal
quality assurance process that requires review at the peer level, project manager level, and
executive officer level. Prior to the delivery of work product to the Town, deliverables will go
through a structured quality assurance process involving up to three levels of review and
utilizing a checklist tool. The first level involves apeer-to-peer review of work products and
computer models. Next, Mr. Bise, assisted by Mr. McAweeney will be responsible for a second
set of reviews comparing the work product to the completed quality checklist form.
• Risk: Cost Overruns
o Mitigation: The studies will be conducted under a fixed fee arrangement. We typically do
not utilize change orders in our work efforts. The potential for a change in budget could occur
if the goals, objectives, and expectations as agreed upon in the scope and project
management processes shift significantly. The use of the above proactive project
management elements is structured to avoid budgetary issues.
TischlerBise
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FISCAL I ECONOMIC I PLANNING
Principal Office
4701 Sangamore Road, Suite S240
Bethesda, MD 20816
301.320.6900 x 12 (w)
carson@tischlerbise.com
Boise, Idaho Office
999 W Main Street #1001 Boise, ID 83702
202.642.8248 (w) I colin@tischlerbise.com