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HomeMy WebLinkAbout34. Staff Analysis - Ad Hoc Committee r s City of Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager DATE: February 20, 2020 RE: Recommendation from Ad Hoc Committee on Alternatives to Replace Special Assessments BACKGROUND In July 2019, Council rejected a proposed ordinance to replace special assessments for road construction with a Transportation Utility Fee (TUF) modelled in part from the city of Neenah. The Neenah model used impervious surface as a surrogate to estimate traffic impact. Following the decision to not proceed with this model, Council established an ad hoc committee with two Council members (Mugerauer and Miller) and 10 at large members of citizens and business owners to review alternatives to replace special assessments. The ad hoc committee began its work in September and concluded its work with a recommendation in January, 2020. In short, the committee voted to recommend that a "flat rate" TUF be established. The fee would be charged on a per developed parcel basis, with an$8 per month ($96/year) fee for single and two family lots, and a $50 per month ($600/year) fee for all other developed parcels, regardless of size or use. Council has asked staff to conduct an analysis of the committee's recommendation and report to Council its findings and offer any additional alternatives for Council to consider. ANALYSIS Please find attached a matrix prepared for the ad hoc committee that compares various approaches discussed by the committee. Staff has reviewed several of the options that the ad hoc committee discussed in greater detail. The options are summarized as follows: 2 Special Assessments/Status Quo Pros: • Based on reasonable assumption of benefit to properties. • Well established under state statutes. • Commonly used by municipalities with a long history in Oshkosh. • Assesses costs to both taxable and tax exempt properties. Cons: • Benefit can last much longer than length of individual ownership. • Inflation in construction costs has resulted in larger assessment bills. As an example, staff's analysis indicates that the special assessment rate for a 32 foot wide concrete residential street has increased by an average of 10.54% annually (from $36.00/ft. to $115.70/ft.)between 2000 and 2020 (see attached analysis). • City must borrow approximately $1 million annually to finance special assessments. • Properties owners are not able to anticipate and budget for these expenditures. Flat Rate Transportation Utility Fee to Replace Street and Utility Special Assessments (Ad Hoc Committee's Recommendation) Pros: • Easy to explain and understand fee. • Replaces special assessments for both streets and utilities. • Affordable to residents and businesses. • Fee not applicable to vacant parcels. • Easy to collect via utility bill. • Fee applicable to both taxable and non-taxable properties. • City would not have to borrow$1 million annually to finance special assessments. • Creates predictable amount for property owners to budget—no surprises. Cons: • To date, not used in Wisconsin. • Only two land uses considered (single/two family and all others); presents equity concerns with variety of land uses that exist in the city. • Does not consider traffic impact of land use. • Does not consider density/intensity of land use. • Does not consider size of parcel. 3 Traffic Based Transportation Utility Fee Pros: • Most defensible option;basis for fee comes from nationally-recognized traffic generation standards. • Traffic generation method used successfully in other parts of the U.S.A. • Easy to collect via utility bill. • Fee applicable to both taxable and non-taxable properties. • City would not have to borrow$1 million annually to finance special assessments. • Creates predictable amount for property owners to budget—no surprises. Cons: • To date, not used in Wisconsin. • More time consuming to establish, as parcels with multi-uses and unique uses will need to be examined more carefully. Vehicle Registration Fee Pros: • Historical authority under statutes. • Recent increase in use of this method by cities, most recently to replace special assessments. • Easy to collect via State and annual vehicle registration. • City would not have to borrow$1 million annually to finance special assessments. Cons: • Exempts vehicles>8,000 lbs., so it exempts vehicles that cause the most damage. • Does not collect from users who come from out of the city. • Shifts costs to residents and small businesses. • Institutions with minimal vehicle ownership but large traffic impact will pay little to nothing. • Static amount of revenue dilutes buying power of fee over time. • Estimated fee of$65 per vehicle would be largest city VRF in Wisconsin. The committee was virtually unanimous that the current special assessment approach was not ideal and needed to be replaced. Due to the ease of explaining and understanding, the ad hoc committee felt that the Flat Rate TUF would be most acceptable to the general public. Although there were differing opinions about which approach would be most ideal, the Flat Rate TUF gained the greatest consensus among committee members. The committee also agreed that regardless of which approach Council ultimately chooses, a significant public 4 education campaign would be necessary to explain the basis for any proposed change and gain greater public understanding of the issue. Meanwhile, staff was made aware that other Wisconsin cities and villages are beginning to look at options to replace special assessments and/or develop a transportation fee to fund both operating and capital transportation costs. Specifically, the city of Janesville has circulated a Request for Proposals (RFP) to conduct a feasibility analysis for a transportation utility. It appears as though the work on this analysis will be completed by the end of June, 2020. OPTIONS PROPOSED BY STAFF 1. No change—leave special assessments in place. 2. Flat rate TUF with more categories (e.g. increase # of land use categories from 2 to 10+categories) to address equity issues. 3. Traffic based TUF. 4. Vehicle registration fee (VRF). 5. Hybrid approach of different methods (options 2-4 above—e.g. a VRF and a TUF). 6. Defer decision until city of Janesville analysis is complete. If Council decides to proceed with any of the options 2 through 5, staff will conduct a more in depth analysis of the actual components of the fee option. After staff presents details on a proposed fee, staff believes that the public education process recommended by the ad hoc committee would be most appropriate before Council takes any action on approving and directing staff to execute a plan. Respectfully Submitted, Mark A. Rohloff City Manager Attachments: Comparison of Alternatives to Special Assessments Analysis of Special Assessment Rates, 2000-2020 RFP from the City of Janesville co L a, u 0 L U o I— O N T N — QI V N V) cn V) V) V1 in Z to V1 V1 Vl ° to VI V) V1 ° ° y)CU ° ` ilri u. 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Jackson St. PO Box 5005 Janesville, WI 53547-5005 For further information regarding this RFP contact: Max Gagin, Finance Director gaginm(ci.janesville.wi.us 608-755-3037 TABLE OF CONTENTS 1.0 GENERAL INFORMATION 1.1 Introduction 1.2 Background 1.3 Scope 1.4 Project Calendar 1.5 Contract Terms 2.0 PREPARING AND SUBMITTING THE PROPOSAL 2.1 General Instructions 2.2 Proposal Organization and Format 2.3 Submitting the Proposal 2.4 Incurring Costs 2.5 Withdrawal of Proposals 3.0 CONSULTANT SELECTION AND AWARD PROCESS 3.1 Review of Submittals 3.2 Evaluation Criteria 3.3 Interviews/Presentations 3.4 Final Evaluation 3.5 Right to Reject Proposals and Negotiate Contract Terms. 3.6 Award of Contract 4.0 ATTACHMENTS 4.1 City of Janesville Standard Consultant Services Agreement 2 1.0 GENERAL INFORMATION 1.1 Introduction The purpose of this document is to provide interested, qualified parties with information to enable them to prepare and submit a proposal for a consulting services contract. The selected consultant will complete or coordinate all necessary activities for the analysis of creating a transportation utility. 1.2 Background In 2014, the Janesville City Council approved increasing the annual street rehabilitation program from six miles to 12 miles. The program includes chip sealing, repaving, and reconstruction activities. The budgeted cost for this program in 2020 is $6,447,000. The street rehabilitation program is funded from a variety of sources as outlined below. 2020 ANNUAL STREET REHABILITATION PROGRAM ITEM AMOUNT SOURCE Chip Sealing $125,000 General Transportation Aids Concrete Joint Repair $81,000 General Fund Note Curb & Gutter $1,223,500 General Fund Note Replacement Curb & Gutter $1,223,500 Stormwater Utility Replacement Street Rehabilitation $2,619,000 General Fund Note Street Rehabilitation $1,030,000 Wheel Tax Street Rehabilitation $65,000 Street Maintenance Budget Street Rehabilitation $80,000 General Transportation Aids TOTAL PROGRAM $6,447,000 COSTS The City of Janesville has experienced approximately 8% inflationary costs increase for the annual street rehabilitation program the last few years. In order to maintain the program's current service levels while mitigating adverse impacts to the City's tax levy and General Obligation debt limits, the City's Stormwater Utility rates were increased approximately $25 per year in 2020 to fund half of curb and gutter replacement costs with operating revenue instead of the tax levy or GO debt. Additionally, the City provides bus service to the community through the Janesville Transit System (JTS). The JTS budget is subsidized by the City's General Fund by$1,188,785 in 2020. The City's budgeted General Fund subsidy to JTS has increased nearly 25% in the past five years. With State-imposed levy and GO debt limits, the City faces challenges providing the annual street rehabilitation program and bus services our community expects without alternative funding sources. The City is examining the creation of a transportation utility to fund some or all of the annual street rehabilitation program and bus services costs. 3 1.3 Scope The City is seeking to work with a team of creative personnel with experience in utility creation and in particular transportation utilities. The scope of work outlined below should not be viewed as rigid and the consultant is encouraged to offer alternative or additional efforts for this project where they believe is appropriate. A. Study Obiectives The objectives of this project are to: 1. Identify, compare, and contrast the potential funding methods for the City's annual street rehabilitation projects and bus services; including, but not limited to, changes to the existing funding sources and the creation of a transportation utility. 2. Identify and summarize the policies to be considered, the impact on the City's residential and commercial bases, and potential issues with the implementation of those policies in relation to the existing City ordinances and Wisconsin State Statues for each of the recommended funding options. 3. Determine whether the creation of a municipal transportation utility funded through a user fee is legal in Wisconsin. 4. Identify what the transportation utility may fund - administrative, operating, and capital costs. 5. Propose methodologies for calculating transportation utility user fees. 6. Compile study results and present the finding and recommendations to the City Council. B. Scope of Work 1. Study Planning a. Prepare and present a summary plan outlining the work to be performed, data necessary to complete the project, and the timing of the work to be done (i.e. project timeline). b. Provide a draft or "go-by" of other final deliverables from similar projects to provide the project team with an idea of the general structure, content and level of detail expected to be developed. 2. Study Work a. Select and evaluate two (2) to four (4) sustainable and equitable transportation utility funding methods, i.e. rate structures,fixed charges or all based on trips. b. Compare the amounts to be paid under the existing funding method to the recommended method. c. Types of rate structures, fixed charge, based on trips or other methods. _ d. Classification of properties and how to estimate trips. e. Identify the policies to be considered and prepare a brief policy paper for each issue identified with respect to each recommended funding method. f. Describe the process and required information needed to re- evaluate the recommended billing in future years as properties are added/removed. 4 g. Identify the one-time and recurring people, process and technology, costs necessary to effectively implement and operate the recommended funding methods. C. Study Deliverable(s) Compile a final transportation utility feasibility report. The final report is expected to include, but not be limited to: 1. A description of the study process. 2. A summary of the recommended funding method(s). 3. A preliminary rate analysis and billing options based on the sample residential and commercial areas selected versus property taxes. 4. An estimate of the one-time and recurring costs associated with the people, process and technology required to implement and operate the recommended funding method(s). 5. Policies to be considered with respect to recommend funding method(s); including, draft proposed ordinances based on the recommended funding method(s). 6. All technical memoranda, summaries and detailed supporting data. 7. A summary of conclusions and recommendations section that addresses the legal, financial and administrative aspects of the recommended project funding method(s). 8. A marketing plan, implementation plan, timeline and cost estimate to implement the recommended funding method(s). The City will review the draft report and revisions will be made as necessary. Following approval of the report by the City, the consultant will make a presentation of the study findings to the City Council. If the transportation utility is approved, a second contract would be needed to address the details in setting up a utility such as writing the ordinance, establishing final billing units, setting a rate schedule, etc. 1.4 Project Calendar Listed below are estimated dates and times of actions related to this Request for Proposal (RFP). In the event that the City of Janesville finds it necessary to change any of the specific dates and times, it will do so by issuing amendments to this RFP. Failure by the City to issue amendments to this schedule will not invalidate this selection process. DATE EVENT February 5, 2020 Issue RFP February 26, 2020 Proposals due on or before 1:00 p.m. March 9-13, 2020 Interviews/presentations (if required) March 23, 2020 Contract start date (estimated) June 26, 2020 Contract completion 1.5 Contract Terms The successful firm will be required to sign a standard City of Janesville Consultant Services Agreement. This standard contract is attached. 5 2.0 PREPARING AND SUBMITTING THE PROPOSAL 2.1 General Instructions The evaluation and selection of a consultant will be based on the information submitted in the proposal plus references and any required interviews/presentations. Consultants should respond clearly and completely to all requirements. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a submittal. The proposal shall: • Identify the qualifications of the consultant and any sub consultants, including relevant projects. • Identify the project manager and principal individual(s), qualifications, and experience of those proposed to do the work. • Define the project approach and identify the specific tasks involved in the performance of the proposed work effort and the means by which these tasks would be implemented. • Include a separate sealed cost proposal. • Proposals shall be limited to no more than 15 total pages. 2.2 Proposal Organization and Format Consultants responding to this RFP must include the following information: A. COVER LETTER, RFP SIGNATURE PAGE: Include here any cover letter and the RFP signature page. Submittals in response to this RFP must be signed by the person in the consultant's organization who is responsible for the submittal. B. QUALIFICATIONS OF THE SUBMITTING CONSULTANT AND ANY SUBCONSULTANTS WHO ARE TEAM MEMBERS: The specific qualifications of the firm(s) to accomplish the work outlined should be included. Specific projects relevant to this assignment with dates, clients, and specific references that could comment on the quality of the work should be identified. At least three references of directly relevant work must be provided from projects completed within the last five years. References should note the contact name, address, and phone number, along with the relationship to the project and project site location. The results of any reference checks will be provided to the evaluation committee and used when scoring the written qualifications. C. QUALIFICATIONS OF THE INDIVIDUALS WHO WILL WORK ON THE PROJECT: The qualifications must identify the project manager and explain how this point of contact will lead the consultant's efforts. If interviews are necessary for selection, it will be necessary for the proposed project manager to conduct a majority of the presentation and be able to answer most questions asked during the interview process. All other relevant personnel who will work on the project should be identified in this section with relevant specific experience identified. Include specific work assignments of the proposed personnel. Resumes describing the educational and work experiences of the key people proposed for this assignment should be included. 6 D. PROJECT APPROACH: The proposed approach must include the specific tasks anticipated for the project including how each task would be implemented and the team members who would be responsible for each task. E. SEPARATE COST PROPOSAL: The submittal shall include a separate sealed envelope, labeled as "PROJECT FEE", containing the estimated hours by task and a not to exceed lump sum fee if filed using a hard copy. If filed by email put the fee schedule in a separate file named "Project Fee". If additional or alternative efforts are recommended these should be broken out separately from the primary tasks. 2.3 Submitting the Proposal Proposers may send the proposal by email to gaginm(c�ci.janesville.wi.us or if by hard copy the submittal must include One Original (identify) PLUS 2 copies of all materials required for acceptance of the proposal on or before 1:00 PM on Wednesday, February 26, 2020 to: Max Gagin City of Janesville— Finance Office 18 N. Jackson St. PO Box 5005 Janesville, WI 53547-5005 A consultant can hand deliver or email their proposal package on or before the date and time listed above. Hand delivered submittals must be time-stamped by the Janesville Clerk-Treasurer's Office by the stated time. Submittals received after Wednesday, February 26, 2020 at 1:00 PM will not be accepted. All proposal submittals must be packaged, sealed, and show the following information on the outside of the package if filed by hard copy, if filed by email put this information on the cover sheet: • Proposer's Name and Address • Request for Proposal Title • Proposal Due Date 2.4 Incurring Costs The City of Janesville is not liable for any cost incurred by proposers in replying to this RFP. 2.5 Withdrawal of Submittals Proposers may withdraw a submittal, in writing, at any time up to the due date and time. The written withdrawal notice must be received by the Utility Director. The notice must be signed by an authorized representative of the proposer. 3.0 CONSULTANT SELECTION AND AWARD PROCESS 3.1 Review of Submittals The City's evaluation team will include the Director of Public Works, Finance Director, and Assistant to the City Manager. 7 The committee will review references and may request interviews/presentations. The resulting information will be used to rate the submittals. The committee reserves the right to make a selection based on submittals without scheduling interviews. The evaluation committee's scoring will be tabulated, and submittals ranked based on the numerical scores received. Once all submittals have been rated, staff will open the envelope or file labeled "PROJECT FEE". The project fee is not included in the evaluation criteria but could influence the selection process. The Code of Federal Regulations allows consideration of costs when selecting the consultant. 3.2 Evaluation Criteria The proposals will be scored using the following criteria: Description Points Consultant Expertise 30 Consultant Relevant Project Experience 30 Project Team Qualifications 20 Project Approach 20 TOTAL 100 3.3 Interviews/Presentations Top-scoring consultants, based on the evaluation of the written proposals, may be required to have interviews/presentations to support and clarify their proposals, if requested by the City. The City will make every reasonable attempt to schedule each interview/presentation at a time on during the week of March 9th that is agreeable to the consultant. Failure of a consultant to complete a scheduled interview/presentation to the evaluation committee may result in rejection of the opportunity for award of a contract. 3.4 Final Evaluation Upon completion of any interviews/presentations by proposers, the City's evaluation committee will adjust the scores based on the information obtained in the interview / presentation, possible reference checks, project fee, and any other pertinent proposer information. 3.5 Right to Reject Proposals and Negotiate Contract Terms. The City reserves the right to reject any and all proposals if determined that they do not satisfactorily meet the needs or qualifications required. The City reserves the right to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. 3.6 Award of Contract Attached is the City of Janesville Consultant Services Agreement to be executed with the successful proposer. Once this has been executed by the City Manager and selected consultant, a project kick-off meeting will be scheduled. 8