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HomeMy WebLinkAbout2014-186 Planning - TischlerBise for Student generation rate study for both school systems $14,060 [Departmental Use Only] TITLE Student Generation Rate Study FY 2013-14 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 4th day of April, 2014, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and TischlerBise (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: a student generation rate study, as outlined in Exhibit A. If a change in pricing is necessary due to significant issues with the data files and/or if the County decides onsite meetings/trips will be necessary on the part of the Provider, an addendum to this contract will be necessary. The term of this agreement rendered shall be from April 14, 2014 to approximately July 15, 2014, which is the latest anticipated date for completion of the study. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECIFIC TERMS 1. Pant: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed fourteen thousand sixty dollars, ($14,060). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. Revised 9/13 1 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://orangecountync.gov/i)urchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Priority: In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governin Law:aw: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 9/13 2 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE Y PROVID G By: By: C my Manager Title: e-<, �- 200 S. Cameron St. TischlerBise P.O. Box 8181 4701 Sangamore Road, Suite S240 Hillsborough,NC 27278 Bethesda,MD 20816 This in mewJiqs been a oved as to technical ntent. Craig N enedict, D artment Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. UAL' /� k," Office of the Chief Financial Officer This instrume een approved as to form and legal sufficiency. 1 O e of the County Attorney Revised 9/13 3 Exhibit A 4701 SANGAMORE ROAD I SUITE 5240 I BETHESDA 1 MD 20816 TischlerBise T: 800.424.4318 1 F: 301.320.4860 Fiscal,Economic& Planning Consultants 300 LINO LAGO DRIVE I SUITE 405 1 NORTH PALM BEACH 1 FL 33408 T: 800.424.4318 1 F: 301.320.4860 W W W.TISCH LERBISE.COM Perdita Holtz,AICP, Planning Systems Coordinator Orange County(NC) Planning Department PO Box 8181 Hillsborough, NC 27278 Via email:pholz @oraneecountync.eov March 31, 2014 Re:Student Generation Rate Study Scope and Pricing Dear Perdita, We are pleased to submit the following scope of work for a Student Generation Rate Study for Orange County, North Carolina, specifically for Orange County Schools and Chapel Hill-Carrboro City Schools. TischlerBise, Inc., is a fiscal, economic, and planning consulting firm that specializes in impact fees, fiscal impact analyses, infrastructure funding strategies, capital improvement planning, utility rate studies, and financial planning. Our firm has been providing consulting services to public agencies for over thirty years. In this time, we have prepared over 800 impact fee evaluations (including for Orange County, NC) and over 700 fiscal impact analyses— more than any other firm. Through our detailed approach, proven methodologies, and comprehensive work products, we have established TischlerBise as the leading national firm on revenue enhancement and fiscal sustainability. The attached scope of work is proposed for a Student Generation Rate Study for the County to specifically determine the impact of housing constructed in the last ten years. Please let us know if there are any questions on the attached. We look forward to the possibility of working with Orange County again on this assignment. Si rely, J e Herlands,AICP Principal •Fiscal Impact Analysis•Impact Fees•Economic Impacts•Infrastructure Financing•Market and Financial Feasibility•Fiscal Software PROJECT UNDERSTANDING Orange County is interested in understanding the impact of residential development on school systems in the County. Specifically, the County would like to know the average number of students from different types of new housing units, where new housing units are defined as those built within the last 10 years. In addition, the County is interested in understanding the extent to which the size of the unit affects the number of students. In this analysis, the size of the unit will be indicated by number of bedrooms. Each school system in the County will be evaluated separately (Orange County Schools and Chapel Hill-Carrboro City Schools). SCOPE OF WORK TASK 1:PROJECT INITIATION/DATA COLLECTION The purpose of this task is to obtain data and documentation related to the project to include the following elements: • Obtain housing unit data from each Town (Chapel Hill and Carrboro) and Orange County reflecting units constructed within the last 10 years, classified by type with number of bedrooms where available.(Note: For Chapel Hill-Carrboro City Schools (CHCCS), data will reflect new housing units located in Chapel Hill and Carrboro and the portion of Orange County that falls within CHCCS. For Orange County Schools, building permit data will include those units permitted in the County and the Town of Hillsborough within the Orange County School System.) • Obtain student address data from each School District. (Data should indicate grade level (or type of school).) • Coordinate with Orange County to obtain data on bedroom counts for multifamily units. • Obtain GIS layers for Towns and County. • TischlerBise will obtain PUMS data for the geographic area covering Orange County. • Identify any initial issues with data. TASK 2:EVALUATE DATA AND DERIVE PRELIMINARY STUDENT GENERATION RATES This task will utilize the data collected and organized in Task 1 to derive preliminary student generation rates. Subtasks include: • TischlerBise will match student addresses to housing unit data using GIS. As part of this subtask, ongoing evaluation of the dataset will be conducted for quality and the extent to which "clean up" of the files are necessary to successfully conduct the address match. TischlerBise will alert the County to any significant issues that would require excess additional time on the part of TischlerBise staff. Routine cleaning up of data is anticipated. 3 • As part of this task, TischlerBise will evaluate the data to determine if there are adequate numbers of units in the sample. (E.g., Multifamily and single family attached may have to be combined for Orange County Schools if the sample size is too small.) • TischlerBise will also conduct an analysis using U.S. Census Public Use Microdata Sample (PUMS) data to cross-check the findings from the address-match approach. The PUMS analysis may be for a larger geographic area than the County,which will require calibration of the data to reflect conditions in the two school districts. • TischlerBise will identify if there are issues with the data, approach, etc., and communicate with County on the issues and recommendations to correct. • TischlerBise will calculate preliminary Student Generation Rates for each School District by type of housing unit and bedroom count(data permitting) as follows: Orange County Schools • Single family detached • Single family attached (to include duplexes) • Multifamily • Manufactured Homes Chapel Hill-Carrboro City Schools o Single family detached o Single family attached (to include duplexes) o Multifamily o Manufactured Homes Deliverable: Technical memo on Preliminary Student Generation Rates. TASK 3:PREPARE DRAFT AND FINAL STUDENT GENERATION RATE REPORT TischlerBise will prepare a draft report documenting the calculation of Student Generation Rates, which will incorporate feedback from the above task. After comments are received on the draft Report, TischlerBise will make mutually agreed upon changes and prepare the final report. Deliverable: Draft and Final reports on Student Generation Rates (approach, methodology, data used, results). 4 TIMEFRAME AND COST T/MEFRAME Time estimated for completion is 8 to 10 weeks, barring any significant issues with data collection. COST The cost for the above scope of work is$14,060. Proposed Cost for Orange County,NC(SGR Study) Total Hourly Rate $185 Hours Cost Task 1 Project Initiation/Data Collection 16 $2,960 Task 2 Evaluate Data And Derive Preliminary Student Generation Rates 40 $7,400 Task 3 Prepare Draft And Final Student Generation Rate Report 20 $3,700 TOTAL 76 $14,060 Please note: Price assumes the effort as described above does not involve excessive geocoding of data. While some level of"cleaning up" of the data is anticipated, if we encounter significant issues with the data files, we will work with the County to mitigate those issues (explore other ways/approaches to get the data to a usable format). A change in pricing will be necessary only if it is TischlerBise's responsibility to undertake significant data scrubbing. Per discussions with the County, the scope and cost does not include any onsite meetings/trips. If a meeting/trip is desired,the cost per trip is$2,200 (including direct costs). 5 ACORQ. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/14/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW: THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER GUNTAGI NAME: Henry A Latimer & Son Inc PHONE o Eat: 301.229.1500 , No:301,320.2458 4701 Sangamore Rd. Suite 5-250 ADDRESS: Bethesda, MD 20816 INSURER(S)AFFORDING COVERAGE NAICN INSURER A: Erie Insurance Company 26263 INSURED TischlerBise INSURERS: Erie Insurance Exchange 26271 4701 Sangamore Rd INSURER C: Erie Insurance Property Casual Suite S240 INSURER 0: Travelers Indenmi ty Co Bethesda, MO 20816 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:Orange County (NC) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/ MM/D UNITS GENERAL LIABILITY Q97014364 06/01/2013 06/01/2014 EACH OCCURRENCE $ 11000,0001 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 1,000,00 CLAIMS-MADE F—X]OCCUR MED EXP(Any one person) $ 5,00( A PERSONAL&ADV INJURY $ 2,000,00( GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00( POLICY PRO- JECT LOC $ AtlromoBlLE LIABILITY Q97014364 06/01/2013 06/01/2014 LIMIT (-Ea accident> $ 11000,000 ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED BODILY INJURY(Per accident $ AUTOS AUTOS ) X HIRED AUTOS X NON-OWNED FKQFhRTY DAMAGE-- AUTOS (Per accident) $ $ UMBRELLA LIAS - X OCCUR Q30017154 06/01/2013 06/01/2014 EACH OCCURRENCE $ 1,000,00 A rX EXCESS LIAR CLAIMS-MADE AGGREGATE $ 1,000,00( DED RETENTION$ $ WORKERS COMPENSATION Q90510091 0610112013 06/01/2014 X uT AND EMPLOYERS'LIA91LI Y YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTI E.L.EACH ACCIDENT $ ], 000,00 C (Mandatory In N ER EXCLUDED? N/A E.L.DISEASE-EA EMPLOYEE $ 11000,000 (Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 190001000 Professional Liablity D �laims made 10578330 05/28/2013 05/282014 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,R more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County (NC) Planning Department AUTHORIZED REPRESENTATIVE P.O. Box 8181 Hillsborough, NC 27278 Richard Latimer, Sr. ®1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD