HomeMy WebLinkAbout2006 NS Contract - Revision of Louis Berger Group Contract to Complete TDR Phase IIIORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 2, 2006
Action Agenda
Item No. ~! - c~
SUBJECT• Contract Revision of Louis Berger Group Contract to Complete TDR Phase III
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENTS: INFORMATION CONTACT:
1. Proposed Phase III (Program Design Craig Benedict, Planning Dir., 245-2592
and Implementation Plan) Scope of Glenn Bowles, Planner II, 245-2577
Services
2. Price Quote
3. Timeline
PURPOSE: To authorize the negotiation of an addendum to a contract with The Louis Berger
Group, Inc. and UNC-Charlotte Urban Institute to include Phase III of the Transfer of
Development Rights (TDR) ordinance development.
BACKGROUND: The BOCC selected the The Louis Berger Group /UNC-Charlotte Urban
Institute team on December 14, 2004 to complete athree-phased TDR study. On March 1,
2005, the BOCC approved a contract to complete the first two phases (research and feasibility)
of the study. The bid was accepted for three phases of the study, but only two phases were
approved for funding. After receiving the draft TDR Feasibility Study on June 27, 2006, the
BOCC authorized proceeding with the third phase (program design and ordinance
development).
Phase III includes:
1. Select Program Design Options: Detailed Economic Evaluation,-Four Meetings/Vllork
Sessions, Working Group Meeting #1, Technical Report No. 1-TDR Program Design
2. Select Administrative Design Options: One Work Session-Administration, Working
Group Meeting No. 2, Technical Memorandum No. 2 -Administrative Design
Recommendations
3. Finalize Proposed TDR Implementation Plan: Two Work Sessions -Finalized
Implementation Plan Review, County Commissioner Work Session, Technical Report No.
3 -Finalizing the TDR Program
4. Drafting TDR Program Ordinance Revisions: TDR Ordinance Template, Two Work
Sessions -Ordinance Template Review, Work Session -County Commissioners,
Technical Report No. 4 -TDR Ordinance Language
5. Prepare for TDR Implementation Plan Adoption: Working Group Meeting No. 3/Public
meeting -TDR Program Review, Two Elected/Board Appointed Presentations,
Preparation of Project Report
6. Build Public Awareness, Understanding and Seek Public Input: Working Group
Meetings, Public meeting, Project Website, Newsletter/TDR Program Summary
7. Administration: Payment Arrangements (attached), Coordination, Contact information.
8. Timeline (see attached)
The Louis Berger Group, Inc. /UNC-Charlotte Urban Institute team was also the low bidder for
Phase III. Attached is the proposed scope of services for Phase III.
FINANCIAL IMPACT: The approved 2006-07 Orange County budget, under non-departmental
initiatives, includes funds for the Phase III TDR (Program Design and Ordinance Development).
The budget monies for potential consultants for three separate planning studies were co-
mingled into a total of $145,000, which has been partially used for the School Impact Fee
Analysis. The Louis Berger Group /UNC-Charlotte Urban Institute team submitted a written bid
to complete Phase III for $49,546.81. The revised Phase I and II TDR contract for $44,071 was
paid from previous budget years and is now complete. This is separate from the Phase III bid.
2
RECOMMENDATION: The Manager recommends that the Board approve the negotiation of
an addendum to the Louis Berger Group, Inc. contract to complete Phase III to not exceed
$49, 546.81.
Orange County Transfer of Development Rights Feasibility Study `3
Phase III Scope of Services (8.31.2006)
Orange County Transfer of Development Rights (TDR)
Proposed Phase III (Program Design and Implementation Plan)
Statement of Purpose
Orange County would like to implement the adopted TDR Plan and program
administrative organization to support the adopted TDR program; apply for
grants or other external programs for program support; and revise existing land
development regulations according to specifications of the adopted TDR Plan.
The following is a summary of the preliminary goals and objectives of this study;
the actual work to be performed is described in the subsequent Task
descriptions.
TDR Goals
^ Preserve the farm economy
^ Protect drinking water resources
^ Preserve environmental and cultural resources
^ Preserve the character of rural Orange County
^ Avoid excess public costs to provide water, sewer, and education services
TDR Objective
Direct growth and development activities away from important natural and
cultural resources by shifting growth and development activities to areas more
able to accommodate such growth.
Orange County Transfer of Development Rights Feasibility Study ~{--
Phase III Scope of Services (8.31.2006)
Scope of Services and Deliverables
As noted below, the "Client" is Orange County, North Carolina and its staff; the
"Consultant" is The Louis Berger Group, Inc. and the UNC-Charlotte Urban
Institute.
A. Select Program Design Options
1.Detailed Economic Evaluation. Conduct an in-depth economic valuation
assessment on Receiving Area design options to include more detailed
information on valuation on properties and tax assessment data. The Client
will provide the Consultant with land pricing information in a parsed digital
format to conduct this analysis. The purpose of this sub-Task is to determine
if there is a real market to build of higher densities than currently allowed. in
unincorporated areas of Orange County, and if TDR is expected to make a
difference in that trend.
2.Four (4) Meetings/Work Sessions: Program Design. Conduct one, one-hour
meeting with the Orange County Board of County Commissioners; and
two, three-hour work sessions with key departmental staff (the first hour of
the first session of which will include Planning Board members to familiarize
them with the process and gain their input) to prioritize Program Design
options based on TDR's interoperability with existing programs and
initiatives, emphasizing the Lands Legacy Program and the Comprehensive
Plan Update. The Consultant will conduct and facilitate these meetings; the
Client will provide meeting space and support. One week prior to the
meeting, the Consultant will provide an agenda to the Client and
communicate refinements via telephone. The Client will distribute the
agenda to participants in advance of the meeting.
3.Working Group Meeting # 1. The Client and Consultant will conduct one (1)
Working Group meeting to provide input into the selection of Program
Design options based on the results of sub-Tasks A.1 and A.2. The Client will
provide summary minutes of this meeting and be responsible for
coordinating meeting space and support. The Consultant will provide an
agenda one (1) week in advance of the Working Group Meeting.
4.Technical Report No. 1: TDR Program Design. The Consultant will make
recommendations in consultation with Planning Staff on the selection of a
specific Program Design based on all of the above considerations. The
Consultant will provide five copies of a Technical Report which will include
a summary, detailed recommendations on a TDR Program for Orange
County including a map or criteria set for identifying Sending and
Receiving Areas, and appendices that address findings and discussions
from staff and Working Group meetings. If appropriate and requested by
the Client, a flowchart identifying the work flow of a typical TDR transaction
will also be provided in this Technical Report. The Consultant will update the
Orange County Transfer of Development Rights Feasibility Study S
Phase 111 Scope of Services (8.31.2006)
TDR web pages to include these materials and transmit the update to the
Client for mounting to the Orange County website.
B. Select Administrative Design Options
l.One Work Session: Administration. The Consultant will facilitate one work
session with key Orange County department staff to identify and quantify
operating requirements and costs associated with Administrative Design
options. The emphasis on this work session will be (1) refining the process
flow based upon the Program Design from Task A; and (2) identifying
necessary internal process changes, staffing requirements, and any
technological or training gaps that exist. Regular TDR processes as well as
periodic support requirements (e.g., performance monitoring and
reporting) will be included in the Administration development. The
Consultant will prepare a brief technical memorandum describing the
recommended Administrative Design.
2.Working Group Meeting No. 2. The Consultant will facilitate one (1) Working
Group meeting to provide input into the. selection of a recommended
Administrative Design option based on the results of Task A and sub-Task
B.l .The Client will provide meeting support including summary minutes, and
distribute an agenda one week prior to the Working Group meeting. The
Consultant will facilitate the meeting and prepare an agenda in
cooperation with the Client in advance of the agenda distribution.
3.Technical Memorandum No. 2: Administrative Design Recommendations.
The Consultant will make recommendations and cost/resource estimates to
the Planning Staff on Administrative Design of the Orange County TDR
Program based on all of the above considerations, including a summary of
all meetings that took place during Task B. The product of this Task will be to
provide guidance to the Client on the optimum administrative design to fit
the program design derived from Task A; the Client will be responsible for
providing input and staffing/resource costs and implementing the
recommendations. Five hard copies will be transmitted to Orange County
staff for review along with a digital format copy; five final hard copies and
digital format will be prepared based upon comments/corrections
received by the Consultant within one (1) week after receipt. The
Consultant will prepare an update to the TDR Program web pages that
includes the final Technical Report and transmit the relevant HTML files to
the Client for mounting to the Orange County website..
Orange County Transfer of Development Rights Feasibility Study (p
Phase 111 Scope of Services (8.31.2006)
C. Finalize Proposed TDR Implementation Plan
1.Two Work Sessions: Finalized Implementation Plan Review. The Consultant
will conduct one (1) one-hour Planning Board and one (1) three-hour key
Orange County departmental staff work session to (A) review the selected
Program and Administrative Design option, (B) to recommend appropriate
TDR Program Evaluation measures, and (C) to recommend atoll-out of the
TDR Program to include approximate dates (month/year) and
responsibilities. The staff and Planning Board sessions should be conducted
in the same day. Draft materials will be provided by the Consultant and
transmitted to the Client at least 10 working days prior to each work session
for the Client to distribute to meeting attendees.
2.County Commission Work Session. The Consultant will facilitate one (1)
County Commission work session to review the selected Program and
Administrative Design options and the appropriate TDR Program Evaluation
Measures. The Client will provide summary notes from this meeting relevant
to .any modifications of any aspect of the TDR Program Design,
Administrative Design, and Evaluation Measures.
3.Techriical Report No. 3: Finalizing the TDR Program. Th'e Consultant will
conduct one (1) in-person meeting with the Orange County staff to finalize
the TDR Program, Administrative Design, and Evaluation Measures for
inclusion in TDR Implementation Plan. Based upon this discussion and
previous Tasks and sub-Tasks, the Consultant will prepare a Technical
Report that describes the TDR Program, Administration, and Evaluation
Measures. Five hard copies will be transmitted to Orange County staff for
review along with a digital format copy; five final hard copies and digital
format will be prepared based upon comments/corrections received by
the Consultant within one (1) week after receipt. The Consultant will
prepare an update to the TDR Program web pages that includes the final
Technical Report and transmit the relevant HTML files to the Client for
mounting to the Orange County website.
Orange County Transfer of Development Rights Feasibility Study ~
Phase 111 Scope of Services (8.31.2006)
D. Draffing TDR Program Ordinance Revisions
In order to implement the TDR Program, the Unified Development Ordinance will
need to be modified to accommodate the recommendations from the previous
Tasks.
TDR Ordinance Template. The Consultant will draft a template for a
proposed TDR ordinance that will identify key items to be covered in the
TDR ordinance, and will reference sample ordinance language from other
jurisdictions where relevant and will be designed to fit the Program and
Administrative Design options and Evaluation measures selected in
process steps A-C. Research on TDR ordinances used in other localities will
be carried out to inform the creation of the Orange County TDR
ordinance template. The Client will draft actual TDR ordinance
language from the template prepared by the Consultant. The Client will
also estimate associated staffing and other resource costs.
2. Two Work Sessions: Ordinance Template Review. The Client will conduct
one (1) work session with the Planning Board and the Consultant will
conduct one (1) 1.5-hour work session via telephone with key Orange
County department staff to review the proposed TDR ordinance
language. The Consultant will be responsible for preparing an agenda
one week in advance of the departmental work session.
3. Work Session: County Commissioners. The Consultant will attend one (1)
one-hour County Commission work session conducted by Client to review
the proposed TDR ordinance language, staffing and other resource cost
estimates. The Client will make refinements to these recommendations
based on comments received.
4. Technical Report No. 4: TDR Ordinance Language. The Client will prepare
a Technical Report describing the final proposed TDR ordinance
language, staffing and other implementation cost estimates based on an
initial, detailed template provided by the Consultant. Five hard copies will
be transmitted to Orange County staff for review along with a digital
format copy; five final hard copies and digital format will be prepared
based upon comments/corrections received by the Consultant within one
(1) week after receipt. The Consultant will prepare an update to the TDR
Program web pages that includes the final Technical Report and transmit
the relevant HTML files to the Client for mounting to the Orange County
website.
Orange County Transfer of Development Rights Feasibility Study 8
Phase Ill Scope of Services (8.31.2006)
E. Prepare for TDR Implementation Plan Adoption
1. Working Group Meeting No. 3/Public Meeting: TDR Program Review. The
Consultant will conduct one (1) public work session with the Working
Group to familiarize the public and property owners with the proposed
TDR ordinance language; staffing and implementation cost estimates; the
proposed Evaluation Measures; and to receive public feedback. The
Client and Consultant will agree to a format for this meeting in advance
of its being scheduled. The Consultant agrees to provide a minimum of
three (3) staff to support and facilitate this meeting for period not to
exceed 3.5 hours. The Client will distribute an agenda prepared by the
Consultant at least one week in advance of the Work Group meeting and
prepare summary minutes from this meeting.
2. Two Elected/Appointed Official Presentations. The Consultant will present
public feedback findings at one (1) Planning Board meeting and one (1)
meeting of the Orange County Board of Commissioners. The Consultant
will revise TDR Plan, ordinance language, and implementation cost
estimates as needed based on direction from the County Commission.
3. Preparation of Project Report. The Consultant will prepare five draft and
five final copies plus one unbound original of a final Project Report. The
Final Report will contain a complete set of recommendations on Program
Design, Administrative Design, Ordinance Revisions, and Implementation
Schedule. Appendices available on CD-ROM in each of the final reports
will include materials generated from or received during the previous
tasks.
Orange County Transfer of Development Rights Feasibility Study q
Phase 111 Scope of Services (8.31.2006)
F. Build Public Awareness, Understanding, .and Seek Public input
The Consultant will assist the Client with' developing and conducting a public
awareness and education program about the TDR Program; make
informational materials readily available through multiple outlets to reach as
many residents and businesses as possible; provide multiple means for the
public and property owners to give. feedback or ask questions; and continue
responding to the Public and media throughout the process of developing
the Plan and preparing to adopt the program. In all cases, unless specified
otherwise in this Scope of Services or through a written agreement between
the Client and Consultant, the meeting space, advertising, and production of
summary minutes are the responsibility of the Client.
Working Group Meetings. The Consultant will facilitate three (3) Working
Group meetings as described in Tasks A., B., and E. in this Scope of
Services. These Working Group meetings will be advertised by the Client
and made open to the public and media. The Consultant will provide a
one-page press release upon request to additionally support media
involvement in the planning process. The Working Group should have
representatives of those Orange County constituents that are directly
affected by the TDR Program: large-lot property owners, real estate
.professionals, and people residing/working in the proposed Receiving
Areas.
2. Public Meeting (under Task E.1 ). The Consultant will facilitate one, three-
hour public meeting, and will be responsible for generating handouts,
boards (2), presentation(s), and any other materials needed for this
meeting. The Client will be responsible for procuring meeting space and
advertising the Public Meeting. The Consultant will prepare a summary of
the Public Meeting within one (1) week after the Public Meeting for
submittal to the Client. A minimum of three (3) staff from the Consultant
will be present at the meeting site 30 minutes before the meeting begins
until its completion.
3. Project Website. The Consultant will be responsible for updating the TDR
Program Website and transmitting relevant HTML files to Orange County
staff via FTP linkage a minimum of four (4) times during the course of this
study, and a maximum of six (6) times during the course of this study.
4. Newsletter/TDR Program Summary. The Consultant will create 75 full-color
copies of one brochure describing the TDR Program, as well as provide
the Client with a digital copy and one additional hard copy suitable for
reproduction. This newsletter will also be available on the Project Website.
Orange County Transfer of Development Rights Feasibility Study
Phase III Scope of Services (8.31.2006)
G. Administration
1. Payment. The Client will be responsible for processing payment to the
Consultant at the completion of each Task (A-F) as described herein,
according to the following schedule of payment:
Task A: 30%
Task B: 40%
Task C: 60%
Task D: 80%
Task E: 100%
2. Coordination. The Client and Consultant will coordinate on a regular, pre-
approved schedule no less than every two (2) weeks from the Notice to
Proceed being received by the Consultant until project completion. If
agreed to by both Client and Consultant in advance, the bi-weekly
meeting can be cancelled or rescheduled. The Consultant will initiate
each meeting by teleconference or by providing acall-in number in
advance.
3. Contacts: The contacts for Client and Consultant are as follows, unless
otherwise notified by the Client or agreed to by the Client/Consultant:
ORANGE COUNTY STAFF:
Craig N. Benedict, AICP, Planner II
Orange County Planning Dept.
306E Revere Road
Hillsborough, NC 27278
(919) 245-2575
cbenedict@co.orange.nc.us
CONSULTANT:
J. Scott Lane, AICP, GISP
The Louis Berger Group, Inc.
1513 Walnut Street, Suite 250
Cary, North Carolina
919.467.3885x 14
slane@louisberger.com
~~
Orange County Transfer of Development Rights Feasibility Study
Phase III Scope of Services (8.31.2006)
Consultant Servlcea Coat ~stl7nate Spreadsheet
Oranfle County 7ranafer of D evelopment Rlphts • Phase II I: Implement atlon
Tha Louls Berger Oroup, Inc.
6.31.2pO6
~~Y Phase III. A Phrase III, 0 Phrase III. C Phrase III. D Phrase IIL E Tolal Haur ~ Ra P+hr °
Lo•Pwject Manager tLBVI
LBU
30.0
56.0
3. D
10.0
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Co-Protect Manager (UNCC)
Pl UNCC SS n 14.0 3l U 4a,U ~.U 183.0 .
532.92 ,
.
56
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36
anner
Real Estate Specialist LBG
LDG ?QU
~. U 68 U
0
0 61.0
O G i2U 48 U 260.0 522.60 ,
.
56,328.00
Pdnclpal Planner
UNCC
76.0 .
19 U
117.0 0.0
18 0 QO
28 U 12.0
170
0 S18.t5 5217.60
GraduateAsslstmrt
UNCC
1 .
79
0 524.48 54,161.110
TOTAL HOURS
250 ~
154.0
! 15b U
+ i
14.0
140 ~ t .
89d.0 515.00 51,165.D0
DIRECT LABOR LBG $2,762.20 ¢3,785.28 ¢2,427.76 ~ $912.80 ~ f2,111.3G ( $11
999
40
DIRECT LABOR UNCC $4,376.08 ¢1,350.72 ¢1,693.04 € $2,283.92 ¢1,66720 1 ,
.
¢71
370
96
TOTAL DIRECT LABOR ALL AGENCIES $7,13828 ¢5,136.00 ( $4,120.80
E ~ $3,196.72 $3,778.56 ~ ,
.
$23,370.36
LBG Direct Ex en rasa<_ Phase III. A Phase IIL D Phase III, C Phase III. D Phase IIL E T~ ~T:.L
Reprodedlon
Black &WhiteCopiea (pages, at 50.04/page) 2U0 17UC 1~?7 1i-Q M_~0 1
200 546
00
CokrCoplas (Pages, at 50.50/page) 8 8 E 5 16 ,
46 .
E-Sevres Maps
(maps, at 52.50/map)
8
4
4
8
5 524.00
Trnval 32 580,E
L~9N+9 (days, at 561.50/day)
Meals
(days, at S28lday)
~ 0
~ ~
M+~+~
(0.375/mile)
i 1G
i ~~ 1
Ci-J 5
1
5140.00
,8~ 8675.00
TOTAL LBG DIRECT EXPENSES
~i $361.00 $22A0 € $351.00
~ ~ $32.00 ~
E I $208.50 €
I ¢9GT.UD
(UNCC Expenses fincl overhead ratel
#irips
4 1 1 1 1
mileage (250 miftrip Q 5.375/mi plus 0 S 528.75 S 132.19 S 132.19 S 132.19 5 132.19 8 1
057
5
meals
(at state per diem rates plus 0 S
120.20
S 13.40
S 13.40
S 22
21
5 44
42 ,
.
0
maps
(at 1.77/map plus OH) 5
19.97
S 9.96
S 9.98 .
5 19.97 .
S 19.97 S
S 213.62
79
8
copies
(at 5.05/page plus OH l>Ir~ S
63.45
S 5.00
S 10.00
S 109.28
S 10
00
S .
6
197
total ex erases
S
732.37
S 160.57
S 165.57
S 263.64 .
S 206.57
5 .73
1 548.70
Summary Feo Lest
DIRLf:T LA64R (LBbI $ 11,9x5.40
OVERHEAD RATE (LBG) 137.x% 516,439.16
FIXED FEE (LBG) 9.0% 52,559.47
UIRECT LABOR (UNCC) 511,370.96
OVERHEAD RATE (UNCC) 41.00°k 54,662.09
TOTAL LABOR ¢47,031.10
DIRECT EXPENSES ¢2,515.70
tUTAL +rUS f >,d9,54ti.81
Page 12
Transfer of Development Rights Time Table
Week starting November 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
November December January February March April May
Scope of Services and Contract Addenda Approval -
Direction/Approval of TDR Goals and Objective -
Approval to Create the TDR Work Group -
Appoint/Reappoint TDR Work Group
Refining Existing Public Engagement Plan
Sending Areas
Public Education and Outreach
Program Design Options Development
Receiving Areas
Public Education and Outreach
In-depth Real Estate Market Analysis
Program Design Options Development
Small Area Plan Development
Program Evaluation Metrics
Administrative Support Development
TDR Implementation Plan
Ordinance Language Development
Implementation Plan and Ordinance Approval
T
Work Sessions with Staff and Planning Board '>
Technical Report or Memorandum Issued
BOCC Joint Quarterly Public Hearing':: ~;.
D
BOCC Regular Meeting
BOCC Work Session
DR Work Group Meeting
;7
,` 5;: 7
$. 8
.!,