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HomeMy WebLinkAboutAgenda - 03-01-2005-9bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 1, 2005 Action Age ~a Item No. SUBJECT: Approve the Contract for Professional Planning Consultant Services far the Development of a Countywide Transfer of Development Rights (TDR) Program DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) No ATTACHMENTS: INFORMATION CONTACT: Louis Berger /UNC -Charlotte Proposed Craig N, Benedict, ext 2592 Contract and Scope of Services Glenn Bowles, ext 2577 Pam Jones, ext 2652 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To approve the contract and scope of services for professional planning consultant services to assess the feasibility of a Transfer of Development Rights (TDR) program far Orange County, BACKGROUND: At its regular December 14, 2005 meeting, the Board voted unanimously to accept the recommendation of the TDR consultant selection work group and select the Louis Berger/ UNC-Charlotte Urban Institute group to complete Phases 1 and 2 for a lump sum not to exceed $39,100, Establishing a Transfer of Development Rights program has been along-term goal of the Board of County Commissioners, To that end, the Board directed a County staff work group to develop a comprehensive Request for Qualifications (RFQ) that would allow the County to find a consulting firm to provide professional planning services to develop an Orange County Transfer of Development Rights (TDR) concept and ordinance, The envisioned services may include a legal framework, market evaluation, administrative procedures, and public information concept. The work group includes representatives from: • Purchasing, • Planning, • ERCD, • Engineering, • EDC, • The County Manager, and • The County Attorney The RFQ was advertised and forwarded to the national and state chapter of the American Planning Association (APA), Apre-proposal meeting and taut was held and attended by six firms, Five firms subsequently submitted proposals, Each firm was independently rated on the following criteria by the evaluation team: 1, Project interest and understanding, 2, The firm's history and experience with similar projects, 3. The firm's ability and expertise, 4. The abilities of key personnel assigned to the project, 5. Knowledge of local planning constraints and real estate economics, and 6, Technical and analytic abilities. Cost figures were not a part of the evaluation process. Results were tabulated and the top three firms were invited for interviews, Those firms were Clarion and Associates, the Freilich, Leitner and Carlisle group, and the Louis Berger/UNC-Charlotte Urban Institute group, References were also contacted for all three firms. After the interview process, two firms -- the Freilich, Leitner & Carlisle group and the Louis Berger/UNC-Charlotte Urban Institute group -- were identified as being capable of meeting the County s needs. Each firm was asked to provide costs associated with the three phases, The work group then voted to recommend the team of UNCC and The Berger Group to conduct phases one and two, During its review, the work group invited written proposals from the three semi-finalist firms. After opting to further negotiate with the two finalists, specific questions were posed to each. A copy of the Louis Berger /University of North Carolina -Charlotte Urban Institute group's work plan (scope of services) is attached (Appendix I). A timeline of key events during this evaluation process include the following dates for the events previously described: • June 23 - BOCC authorizes staff to issue the RFQ to professional planning consultants for the development of a countywide TDR program. • July 6 -Orange County TDR RFO posted on APA and North Carolina Chapter of APA websites, • .luly 19 -Deadline for respondent questions. August 2 -Orange County field totar for interested firms. • August 13 -Deadline for RFQ responses. Five were received, including: o Robert J. Goldstein o Freilich, Leitner, & Carlisle/.lames Nicholas/Jordan, .Jones & Golding o Louis Berger/University of North Carolina at Charlotte -Urban Institute o Clarion & Associates o The American Farmland Trust • August --Work group met to evaluate responses. Three (Freilich, Louis Berger, and Clarion) are invited to interviews. • September 8 to 13 -Interviews at the Governmental Service Center. • October 13 -Finalists (Freilich, Leitner & Carlisle group and Louis Berger /University of North Carolina -Charlotte Urban Institute) are selected and additional questions are sent to each. • November 1 -All answers are evaluated. In conclusion, the work group recommends to the BOCC that the County enter into negotiations with the Louis Berger /University of North Carolina at Charlotte -Urban Institute group to 3 complete Phase 1 (Background Research and Data Gathering) and Phase 2 (Feasibility Study) for a lump sum not to exceed $39,100, This recommendation is due to the following: 1, The group's knowledge of North Carolina, 2, The approach to community outreach, 3, The familiarity with North Carolina communities and counties and specific TDR applications, and 4. The hourly rates would allow for more public outreach and local consensus building. 5, The relative proximity and access to Orange County. The selected consulting group has submitted the proposed contract and scope of services to the County Attorney's office review as to form and content, The proposed scope of services and contract submitted for approval has been reviewed, After Phases 1 and 2 are completed, the BOCC will decide whether it will be necessary to proceed to Phase 3 (Preliminary TDR Plan Development). The attached proposed work plan describes an outreach and education process, which should aid the BOCC in its decision- making, The TDR study will also include an evaluation of how it relates to the existing Purchase of Development Rights program. In addition, the TDR feasibility study will include a program to ascertain 'sending' areas (possible environmental and/or farm preservation areas) which will `send' development rights to 'receiving' areas (i.e, areas that have or are planned to have public services that can accommodate growth such as the urban transition areas being examined by the Hillsborough and Efland/Mebane urban area task forces,) FINANCIAL IMPACT: Should the Board determine that retaining the selected firm to complete the scope of services is in the best interest of the public health, safety, and welfare; there will be a financial obligation to compensate the firm for their services, Staff estimates the first two phases to cost approximately $39,100. There are no funds earmarked in the current year budget to pay for these services. Should the Board decide to proceed with the first two phases of the feasibility study, staff recommends that Commissioners appropriate $39,100 from the County's fund balance to cover the cost, Additional phases of the study would be considered in the upcoming 2005-06 fiscal year budget, RECOMMENDATION: The Manager recommends that the Board approve contract and scope of services for the Louis Berger/ UNC-Charlotte Urban Institute group to complete Phases 1 and 2 far a lump sum not to exceed $39,100 and authorize the Chair to sign the document. 4 AGREEMENT FOR CONSULTING SERVICES This Agreement (hereafter "Agreement") is made this day of 2005 between THE LOUIS BERGER GROUP, INC., a corporation of the State of New Jersey, having offices at 1513 Walnut Street, Suite 250, Cary, North Carolina, hereafter called the "CONSULTANT", and THE COUNTY OF ORANGE, North Carolina, hereafter called the "CLIENT". WHEREAS, CLIENT wishes to plan for and manage growth in Orange County, North Carolina, (hereafter the "County") in ways that are fiscally responsible and that provide for maintaining the rural and small town character of the County; WHEREAS CONSULTANT, one of the largest consulting organizations in the United States with more than 20 domestic offices, offers an outstanding base of specialized professionals with proven capabilities in regional economics, urban and regional planning, demographics, public and Project finance, transportation planning and traffic engineering, urban design and architecture, civil and environmental engineering, environmental science, historic and archaeological resources and public involvement; WHEREAS, UNC Charlotte Urban Institute (hereafter the "Institute"), created in 1969 as a non-profit, non-partisan, applied research and consulting services outreach unit of the University of North Carolina at Charlotte, provides a wide range of services, including technical assistance and training, public opinion surveys, land-use and natural resources consulting, economic development research and community planning to meet the needs of the region and its citizens; WHEREAS, CLIENT desires to engage CONSULTANT to conduct a feasibility study and to develop a concept plan for a Transfer of Development Right program (hereafter collectively as the "Project") in the County incorporating the following planning objectives: 1. To sustainably balance rural and urban areas 2. To direct growth and development away from important natural and cultural resources; and towards areas more able to support municipal services and urban densities 3. To provide working farms with an alternative income potential 4. To link zoning densities to comprehensive plan goals and policies; and 5 WHEREAS, CONSULTANT proposes to supply a team, including staff of the CONSULTANT and the Institute (hereafter "Project Team"), to conduct the Project; NOW, THEREFORE, the parties hereto, in consideration of their mutual covenants herein, agree as follows: ARTICLE I - BASIC SERVICES OF CONSULTANT 1,1 CONSULTANT agrees to timely perform professional services and deliver deliverables in connection with the Project as specified in the "Scope of Basic Services", "Schedule of Deliverables Included In Basic Services", "Timetable of Basic Services", and "Acceptance of Deliverables for Basic Services" set forth in Appendix I, attached hereto and made a part hereof, which shall hereafter be collectively described as "Basic Services." 1,2 All work shall be done in a good and professional manner, 1,3 CONSULTANT shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the CLIENT. No permission for subcontracting shall create, between the CLIENT and the subcontractor, any contract or any other relationship. 1.4 The relation of CONSULTANT to the CLIENT at all times shall be as independent contractor. 1.5 Any and all employees of the CONSULTANT or other persons, including without limitation the Institute or other Project Team members, engaged by the CONSULTANT in the performance of any work or services required of the CONSULTANT under this Agreement, shall be considered employees or agents of the CONSULTANT only and not of the CLIENT, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT employees or other persons engaged by CONSULTANT, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. 1.6 CONSULTANT agrees that subcontractors, if any, shall be federal, State and local antidis~ and policies that relate to the services under this Agreement. 6 CONSULTANT and its required to comply with all ;rimination laws, regulations performance of CONSULTANT'S ARTICLE II - OPTIONAL SERVICES OF CONSULTANT 2.1 Zf authorized in a separate writing by the CLIENT, the CONSULTANT shall furnish optional services (hereafter "Optional Services") of the types listed in paragraph 2.1.1 through 2.1,6, inclusive, as specified in the timetable, the schedule of deliverables, and period of performance set forth in said separate writing, The Optional Services are not included as part of Basic Services, and shall be paid for by CLIENT as indicated in Article VI. 2.1.1 Preparation of applications and supporting documents for private or governmental grants, loans, or advances in connection with the Project. 2.1,2 Service resulting from changes in the general scope, extent or character of the Project, including but not limited to revising previously accepted studies, reports, design documents, drawings or specifications, when such revisions are required by changes in laws, rules, regulations, ordinances, or codes enacted subsequent to the preparation of such report, or are due to any other causes beyond CONSULTANT'S control. 2.1.3 Provide planning surveys, site elevations, and comparative studies for prospective sites. 2,1,4 Furnishing additional copies of reports in excess of those stipulated in Appendix I. 2.1,5 Preparing to serve or serving as a consultant or witness for CLIENT in any litigation, arbitration or other legal or administrative proceeding involving the Project. 2,1,6 Additional services in connection with the Project that are not otherwise provided for in this Agreement. 7 ARTICLE III - CLIENT'S RESPONSIBILITIES CLIENT shall do the following in a timely manner so as not to delay the provision of Basic Services or Optional Services by the CONSULTANT. 3.1 Designate in writing a person to act as CLIENT'S representative (hereafter the "Representative") with respect to the services to be rendered under this Agreement. CLIENT or its Representative shall receive and examine documents submitted by the CONSULTANT, interpret and define the CLIENT'S policies and decisions with respect to the CONSULTANT'S services for the Project, render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of the CONSULTANT'S services. 3.2 Provide oversight and guidance to the Project Team in the management of the Project process, provide necessary background information to the Project Team, and provide feedback about the Project's progress and the Project Team's management of the Project throughout each phase. Act as liaison between the CONSULTANT, the Institute, and other CLIENT entities (such as the County Board of Commissioners, County Manager's office, the Task Force identified in paragraph 3.7 of this Agreement, and other of CLIENT'S agencies whose participation in the Project is desired.) 3.3 Assist CONSULTANT by placing at CONSULTANT'S disposal all available public information pertinent to the Project including previous reports and any other data relative to the Project. 3.4 Arrange, upon timely request by CONSULTANT, for access to and make all reasonable provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services under this Agreement. 3.5 Give prompt written notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any development that affects the scope or timing of CONSULTANT'S services. 3.6 Authorize and approve in writing, at the CLIENT'S sole discretion, modifications to the Basic Services and Optional Services. 3.7 Appoint members of a task force (hereafter "Task Force" to be appointed by the CLIENT to assist with the following: 8 establish overall goals for the Project, review the CLIENT'S work product, establish a network of stakeholder connections, and generate citizen participation in the Project planning process. 3.8 Provide relevant County data and other information to the Project Team, such as: • Copies of prior studies or reports, • GIS files in the County's possession, • Statistical files in the County's possession, and • Contact information for key individuals the Project Team may work with, 3.9 Provide timely review and critiquing of the Project Team's work product prior to public release or public review and comment. 3.10 Receive from the CONSULTANT the deliverables identified in Appendix I and accept or reject said deliverables, and issue Covered Change Orders when necessary, all as provided for in Article V herein and Appendix I, The authorized acceptor for the CLIENT shall be the CLIENT'S Representative. 3.11 Distribute accepted final deliverables to Task Force members and others as needed or desired by CLIENT, and reproduce additional copies as needed at CLIENT'S expense. 3.12 Reserve meeting space for joint meetings of the Task Force, CLIENT, and CONSULTANT or the Project Team. 3.13 Distribute meeting notices, agendas, minutes and other Project-related communications to the Task Force, the County Planning Board and the County Board of Commissioners, and inform them of the dates, times, and locations of any Project- related public meetings. The CONSULTANT will draft agendas for Task Force and public meetings for review by the CLIENT, and the CONSULTANT will be responsible for public communications about the public meetings. 3,14 Provide introductory remarks as desired at public meetings related to the Project, and present the Project or interim results of the Project at public meetings, except for two (2) of the number of public meetings, scheduled pursuant to the approved Public Engagement Process Plan identified in Appendix I, which shall be conducted by CONSULTANT. 9 3,'15 Publish legally required public notices of formal public meetings related to the Project, if any. 3,16 Bear all costs incident to compliance with the requirements of this Article III. 3.17 Compensate the CONSULTANT for services rendered under this Agreement in accordance with Article V, Article vI and Appendix I, attached hereto and incorporated herein. ARTICLE IV - PERIOD OF SERVICES 4.1 The period of performance of Basis Services hereunder shall be set forth in the Timetable of Basic Services stated in Appendix I. 4,Z Neither party shall hold the other party responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or' other events beyond the control of the other or the other's employees, agents or subcontractors, ARTICLE V - CIiANGE ORDERS 5.1 CONSULTANT is responsible for the professional quality, technical accuracy and timely completion and submission of all deliverables and services related to Basic Services or Optional Required that may be required to be provided under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its deliverables and other services, The approval of deliverables furnished under this contract shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The review, approval, acceptance or payment for any of the services shall not be construed as a waiver of any rights that the CLIENT may have arising out of the CONSULTANT'S performance of this Agreement, 5.2 CLIENT recognizes and expects that certain Change Orders may be required to be issued as the result in whole or in part of imprecision, incompleteness, errors, omissions, ambiguities, or inconsistencies in the Drawings, Specifications, and other documentation furnished by CONSULTANT or in the other professional services related to Basic Services or Optional Services that may be performed or furnished by CONSULTANT under this Agreement (the "Covered Change Orders"). Any responsibility of CONSULTANT for the 10 costs of Covered Change Orders will be determined on the basis of applicable contractual obligations and professional liability standards. For purposes of this paragraph, the cost of Covered Change Orders will not include any costs that CLIENT would have incurred if the Covered Change Order work had been included originally without any imprecision, incompleteness, error, omission, ambiguity, or inconsistency in the Contract Documents and without any other error or omission of CONSULTANT related thereto. Nothing in this provision creates a presumption that, or changes the professional liability standard for determining if, CONSULTANT is liable for the cost of Covered Change Orders. Wherever used in this paragraph, the term CONSULTANT includes CONSULTANT'S officers, directors, partners, employees, agents, and CONSULTANT'S subcontractors, if any. ARTICLE VI - PAYMENTS TO CONSULTANT' 6.1 CLIENT shall pay CONSULTANT for services provided under this Agreement as follows: 6,1.1 For Basic Services, a total lump sum fee of $39,100 for all Basic Services payable in five installments as set forth in Appendix I, 6.1.2 For Optional Services, at the hourly and miscellaneous fees and rates specified in the Fees for Optional Services set forth in Appendix I. 6,2 Times of Payment, CONSULTANT shall submit statements for Basic Services and Optional Services that are completed by CONSULTANT, and delivered to, and accepted by, CLIENT as specified in Appendix I. CONSULTANT shall submit said statements on a bi-monthly basis (every two months), CLIENT shall make prompt payments in response to CONSULTANT'S statements, Payments shall be made within 45 days of CLIENT'S receipt of CONSULTANT'S statements. The total sum of all payments for all Basic Services shall not exceed $39,100. 6,3 Other Provisions Concerning Payments. 6.3.1 If CLIENT fails to make any payment due CONSULTANT for services and expenses within forty-five (45) days after receipt of CONSULTANT'S statement therefore, the amounts due shall bear interest, at the prevailing legal rate from said forty-fifth day, In addition, CONSULTANT may, after giving seven (7) days' written notice to CLIENT suspend 11 services under this AGREEMENT until CONSULTANT has been paid in full all amounts due for said services, expenses and charges. 6,3,2 In the event of termination as provided in Article VII of this Agreement, the CONSULTANT shall be paid as specified in statements, provided for in Article 6.1 of this Agreement, that are issued for services completed by CONSULTANT, and delivered to, and accepted by, CLIENT up to the date of termination. ARTICLE VII - MISCELLANEQiJS PROVISIONS 7.1 Termination. Either party upon seven (7) days' may terminate this Agreement written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Notwithstanding the foregoing, the right is reserved to the CLIENT to terminate this Agreement at any time, with or without cause, upon 30 days written notice to CONSULTANT, 7,2 Reuse of Documents. All documents prepared by or furnished by CONSULTANT pursuant to this Agreement are instruments of service in respect of the Project. CLIENT may make and retain copies of information and reference in connection with the Project by CLIENT and others; however, such documents are not intended or represented to be suitable for reuse by CLIENT or others on modifications of the Project or on any other project. Any reuse without written verification or adaptation by CONSULTANT for the specific purpose intended will be at CLIENT'S sole risk and without liability or legal exposure to the CONSULTANT, and CLIENT shall indemnify and hold harmless CONSULTANT, its officers, directors, agents and employees from all claims, damages, losses and expenses including attorney's fees arising out of or resulting there from. Notwithstanding the foregoing, CLIENT and CONSULTANT intend this Agreement to be an agreement for services and each considers the products and results of the Basic and Optional Services hereunder to be rendered by CONSULTANT hereunder (the "Work") to be a work made for' hire, CONSULTANT acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the CLIENT, CONSULTANT agrees to execute all papers and to perform such other proper acts, as CLIENT may deem necessary to secure for CLIENT or its designee the rights herein assigned. 12 7.3 Insurance. CONSULTANT shall procure and maintain during the term of this Agreement the following insurance: worker's compensation and employer's liability insurance, comprehensive general liability insurance, and professional liability insurance. Excepting the worker's compensation insurance, employer's liability insurance, and any professional liability insurance secured by the CONSULTANT, the CLIENT will be named on all certificates of insurance as an additional insured. CONSULTANT shall furnish the CLIENT with verification of insurance and endorsements required by this Agreement, CLIENT reserves the right to require complete certified copies of all required insurance policies at any time. All said insurance shall be obtained from an insurance company authorized to do business in the State of North Carolina. CONSULTANT shall submit the certificates of insurance as outlined above within I4 days of the execution of this Agreement by the CLIENT. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the CLIENT. 7.4 Controlling Law. This Agreement is to be governed by the laws of the State of North Carolina. 7.5 Captions. The captions in the Agreement are for the convenience of the parties and convey no rights or obligations upon either of them, 7,6 Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail return receipt request to the following: CLIENT: ORANGE COUNTY, N.C, Attn: Sherri Ingersoll, Orange County PO Box 8181 Hillsborough, N.C, 27278 (cc: Glenn Bowles) CONSULTANT: THE LOUIS BERGER GROUP, INC. Attn: J. Scott Lane, AICP 1513 Walnut Street, Suite 250 Cary, North Carolina 27511 7,7 Liability. CONSULTANT'S total liability to the CLIENT for any and all injuries, claims, losses, expenses, damages, 13 or claim expenses arising out of this Agreement from any cause or causes shall be the sum of $50,000, or the total amounts payable to CONSULTANT for Basic Services and Optional Services under this Agreement, whichever is greater. Such causes include but are not limited to the CONSULTANT'S negligent acts, errors or omissions, strict liability, breach of contract or breach of warranty (expressed or implied), 7.8 Professional Practices. CONSULTANT shall render under this Agreement in professional practices and makes no guarantee, accordance with the generally for the intended use of the either express or implied. services accepted Project , 7.9 Integration. This Agreement, including Appendix I, represents the entire and integrated agreement between the CLIENT and the CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the CLIENT and CONSULTANT, 7.10 Severability, In the event any provisions of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. 7,11 Execution and Acceptance. This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed an original having identical legal effect. CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the attached Appendix I. IN WITNESS their duly above, WHEREOF, the parties have executed this Agreement by authorized representatives as of the date set forth (CLIENT) COUNTY OF ORANGE, NORTH CAROLINA By Chair of the Board of County Commissioners ATTEST: Clerk of the Board of County Commissioners (CONSULTANT) THE LOUIS BERGER GROUP, INC. By 14 This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Orange County Finance Officer 15 APPENDIX I To the Agreement ("Agreement") Between The Louis Berger Group, Inc. ("CONSULTANT") And The County Of Orange, North Carolina ("CLIENT") for CONSULTANT to supply a Project Team ("Project Team"), consisting of Staff of the CONSULTANT and the UNC Charlotte Urban Institute, to develop a Preliminary Orange County Transfer of Aevelopment Rights ("TDR") Feasibility Study and Concept Plan ("Project") CONSULTANT will provide all services necessary to perform the Project and to timely produce and deliver the deliverables as described below and in the Agreement except for those tasks specifically reserved to CLIENT described in "CLIENT Responsibilities" identified in the Agreement. BASIC SERVICES Scope of Basic Services CONSULTANT'S role in the Project, is to provide the following Basic Services, including project management, research and analysis, public engagement planning and facilitation, TDR plan document design, and production, and to: a. Manage the timely and cost-effective carrying out of the research and planning process to produce a study and preliminary plan that fulfills the CLIENT'S objectives; b. Conduct the data gathering, research and analyses that form the foundation for an effective TDR concept plan; c. Design and facilitate for CLIENT approval an effective "Public Engagement Process Plan" that builds on that research-based foundation and generates community consensus on TDR options for' the CLIENT; d. Work with the TDR Task Force, identified in paragraph 3.7 of the Agreement ("the Task Force"), to establish overall goals for the TDR planning process, review work product produced by the Task Force, establish a network of stakeholder connections and generate citizen participation in the TDR planning process; e. Supervise the Project Team and review, correct, and be responsible for all work product and deliverables, suggest modifications to this Scope of Basic Services, and work with the County Planning Department staff to coordinate Project meetings and the approved Public Engagement Process Plan and to administer the contractual agreement between the CLIENT and the CONSULTANT; f, Secure meeting locations for to the Project; g. Provide ample notice to the place of all such meetings. all public meetings related 16 CLIENT of the date, time, and In providing these "Basic Services", the CONSULTANT shall be responsible for all of the two (2) phases of the Project described below, whereby the CONSULTANT shall provide the following Basic Services, deliver the following deliverables, at the following timetable: Phase 2 - Background Research and Data Gathering During Phase I of the Project Consultant Shall: A. Meet along with Project Team and County Planning Department Staff at Project start to: 1. Establish working procedures and initial detailed schedules/deadlines; 2, Identify and review public documents, data files, and key persons for Project Team to review/work with; 3. Identify existing programs for evaluation of TDR implications; 4. Outline for CLIENT's approval a proposed Public Participation Process Plan; 5. Establish Task Force composition and communication mechanisms; and 6, Review draft agenda for first Task Force meeting. B. Collect and review existing public documents and data files, such as GIS and other land use data files, copies of prior studies and reports, etc. C. Conduct key person interviews D. Analyze property values and market trends to: 1. Investigate the current and future demand of residential, commercial, and industrial units throughout the County with particular attention to the spatial patterns of demand in the unincorporated areas. i, This will do through an analysis of housing unit counts and vacancy rates from the 2000 Census. For commercial and industrial units, county business patterns, zip code business patterns, and the Economic Census will be analyzed, ii. For current and prospective trends in the supply- demand relationship, the census data will be 17 supplemented with building permit and demolition data from the US Census Bureau Construction Division and a review of pending development applications or development plans available through the County/Towns, iii, For future estimates of residential demand, available existing population forecasts (e.g „ MPO forecasts, State forecasts) and headship ratios (derived from U.S. Census PUMS - Public Use Micro data Sample) will be used to estimate household formation. iv. For future estimates of commercial and industrial demand, available State or MPO forecasts, the corresponding relationship between households, and the demand for retail services will be analyzed, v. Collect property valuation records (preferably in digital format - GIS or MS Access database) and trends in sales ratio data from County assessor's department. Review assessor current assumptions and practices regarding the cost of various building types and differentials in the County by location. vi. Interview Department personnel responsible for the Lands Legacy Program, Agricultural Use Value Program and Forest Use Value Program to review recent trends, patterns and the use value of preserved parcels, 2, Investigate the current and future supply of residential, commercial and industrial development in the County with particular attention to the spatial patterns of supply in the unincorporated areas, i. Supply characteristics and trends, opportunities and threats to the County real estate market will be examined in a series of select interviews with realtors (i.e., commercial, industrial, residential) and economic development officials. ii. Investigate local build-out analyses, zoning ordinances and vacant land inventories for a determination of future supply iii, Estimate the annual absorption levels of the future supply of residential and nonresidential development, using several data sources including recent population trends, building permits, labor market and employment trends, and tax. assessor records. E. Summarize preliminary issues and opportunities, including developing draft a feasibility decision flowchart F. Develop a CLIENT-approved Public Engagement Process Plan G. Research and analyze relevant North Carolina case law H. Research and analyze relevant TDR case studies 18 I. Review results of background research and data gathering, including summary of preliminary issues and opportunities and draft a feasibility decision flowchart J. Review planning process, Task Force role, and basic TDR concepts Phase II - Generate & Review TDR Concept Plan) Feasibilit During Phase II of the Project, CONSULTANT shall: A. Assess "Sending Areas" potential with Task Force 1, Identify eligible sending areas and: i. Establish eligibility criteria, including but not limited to size and sensitivity/importance criteria such as prime farm soils, wetlands, etc.; ii. Select between down-zoning of Sending Areas ("mandatory" TDR) vs. existing zoning densities for Sending Areas ("voluntary"); iii. Establish criteria for awarding TDR credits (uniform vs. variable scales, & ratio of TDR credits to existing development rights); 2. Develop TDR Feasibility Assessment Model ("Sending. Module") and i, Prepare a spreadsheet model in EXCEL format that will facilitate the exploration of key variables and enable a series of "what if" scenarios to be investigated by the CONSULTANT. The model will support a systematic exploration of the range of outcomes for market feasibility by substituting values of key variables. Scenarios will account for important elements in the TDR program that would be subject to change or variation including the administrative framework (i,e., free market approach, land banking system), existing development density, as-of-right zoning density, 19 quantity of vacant developable land, land value, sales or market prices, etc. ii, The model would utilize the build-out estimates from the residential and nonresidential supply analysis in Phase I and determine the available credits and value within the sending areas, iii. Apply the appropriate property appraisal technique (e.g., sales, net income, replacement cost) and estimate the value of the transferred development credit, adjusting as needed for the costs of land and improvements by location in the County. B. Assess "Receiving Areas" potential with Task Force 1. Identify eligible receiving areas and i. Establish eligibility criteria, including but not limited to size and capacity/demand criteria (such as adequate water/sewer and transportation infrastructure, and avoidance of sensitive natural areas), etc.; ii. Establish criteria for using TDR credits maximum TDR limits & ratio to TDR credits to dwelling unit or floor area densities) 2. Develop TDR Feasibility Assessment Model ("Receiving Module" and i. Design, for the receiving areas, a spreadsheet model that facilitates different "what if" scenarios reflecting different values for key variables (i.e., "as-of-right" densities, higher proposed densities, absorption rates, construction costs, capitalization rates, infrastructure plans), ii. The model shall compare the as-of-right density of the receiving areas to the future estimates of residential demand (both from Phase I) to determine the overall demand for transferred development credits, iii. The appropriate property appraisal technique shall be applied to estimate the value of the transferred development credit, C. Determine overall economic viability of TDR market 1. Comparison of supply and demand for TDR credits using the information gathered in the TDR Feasibility Assessment Model (Sending and Receiving Modules), the available credits and values within the sending areas will be compared to the overall demand for credits in 20 D E. F, 1 receiving areas and determine if there is an adequate amount of credits to form a viable program. 2. Assessment of economic market viability for TDR i. Overall market feasibility will be determined through an analysis of the market value of the sending area TDR credits and the market value of the receiving TDR credits (output from the TDR Feasibility Assessment Model), If the value of the sending area TDR credits is higher than the value of the receiving area TDR credits, the TDR market would be deemed valuable. ii. Explore methods will be explored to fine tune the exchange of sending credits to receiving credits to ensure a sustainable demand for a viable program, Assess Issues, Constraints, and Opportunities 1. Assess Legal and Administrative Issues, Constraints, and Opportunities 2. Assess Financial Issues, Constraints, and Opportunities Finalize Feasibility Decision Flowchart Explore Implications of TDR for existing programs Programs are: a. Lands Legacy / PDR b. County Comprehensive Plan Land Use Element c. Economic Development d, Farmland Preservation e, Joint Planning Agreements f, Orange County/Hillsborough Urban Transition Area Task Force g, Efland/Mebane Small Area Plan Task Force 2. The assessment of implications of TDR for each program shall include: a. Gathering program information from Planning Department Staff and through the key person interview process b. Determining how Lands Legacy might work with TDR and/or how TDR program might work with Lands Legacy c. Provide examples drawn from the TDR case studies of coordination between TDR programs and the relevant type of other program, and, d, Provide an overview of options for how the program might work with the TDR program 3. In addition, for the Lands Legacy Program, the assessment of TDR, implications shall include: 21 a. Preliminary exploration of the potential of giving land owners the option of severing or not severing development rights at the time of closing; and, b. Develop a basic or preliminary protocol to assess if the severance option will affect the purchase price G. Identify, along with the Project Team, Mechanisms for Creating TDR Program H. Prepare, along with the Project Team, a summary feasibility report I. Prior to each Task Force and public meeting, review agenda and materials prepared, plus conduct two interim results review meetings J. Conduct three meetings, to be attended by the Project Team and the Task Force, prior to any public meetings, and review draft and final feasibility study results with the Task Force K. Public Meetings - Prepare for and introduce planning process and TDR concepts at two of the number of public meetings that are scheduled pursuant to the approved Public Engagement Process Plan L. The timetable and fees proposed in this Scope of Basic Services are based on the Basic Services to be provided by the CONSULTANT, as described above and hereunder, and the following additional duties, whereby CONSULTANT shall: • Conduct six meetings attended by the Project Team and the County Planning Department Staff, approximately two hours duration each, of which four may be, conducted via conference call for Institute team members • Conduct four Task Force meetings, approximately 1.5 hours duration each, of which three will be attended by Project Team members • Conduct two of the number of Public Meetings scheduled pursuant to the approved Public Engagement Process Plan, approximately 1,5 hours duration each • Review approximately 20 documents or statistical files, and 30 GIS layers • Conduct approximately 14 key person interviews, of which 10-11 can be accomplished in two full-day sessions in Hillsborough, and the remainder of which can be conducted via telephone • Create approximately 12 GIS layers for final delivery to the CLIENT 22 • Timely deliver written deliverables meeting the production specifications of the Basic Services set forth below II. Deliverables Included In Basic Services CONSULTANT shall deliver the following in accordance with the timeline set forth in the Timetable of Basic Services specified below: Public Participation Plan: Submit for approval a written plan covering recommendations for public participation, implementation steps and cost estimates (including a stapled hardcopy version of the 3-6 page approved Public Engagement Process Plan, one copy, all pages black and white including cover), which shall provide that two of the number of public meetings scheduled shall be attended and conducted by CONSULTANT. Feasibility Study: Written report documenting background research, all of the Basic Services and TDR options set forth in Phase I and Phase II of the Project (including without limitation potential sending and receiving areas; assessments of legal, financial, and administrative issues, constraints, and opportunities, including implications for existing programs; decision flowchart; and mechanisms and preferred TDR option for creating a sound and sustainable TDR program in the County that meets the planning objectives of the Project set forth in the Agreement), Delivery shall include a GBC, spiral bound hardcopy version, or the 50-75 page approved Feasibility Study Report, one copy, ten pages color, plus color covers, remainder black and white. Master CD containing electronic file versions of: o Public Engagement Process Plan, o Feasibility Study, including decision flowchart, and o GIS layers created relevant to the preferred TDR option IV. Timetable of Basic Services The Agreement shall be for a 10-month period, effective as of the approval of the County Board of Commissioners, The total duration of the Project is anticipated to be 9 months, with each phase of the Project as follows: 23 Phase I 3 months Phase ZZ 6 months Time is of the essence, except that a contingency of one (1) additional month will allow time for Project delays beyond the control of either the Project Team or the CLIENT, and end of Project administrative work. Additional flexibility in the schedule can be accommodated in a separate writing to reflect the difficulties of scheduling Task Force meetings during the summer months. V. Acceptance of Deliverables for Basic Services Subject to the provisions of Article V of the Agreement, CONSULTANT will deliver each completed deliverable included in the Basic Services to CLIENT'S Representative on or before the applicable due date set forth in the Timetable of Basic Services above. Upon delivery, CLIENT shall have twenty (20) business days (the "Acceptance Period") to accept or reject the deliverable, based on the acceptance criteria established by the applicable contractual obligations and professional liability standard for that deliverable ("Acceptance Criteria"). If CLIENT notifies CONSULTANT that it has rejected the deliverable, CLIENT shall provide written Covered Change Order, within such twenty business day period, specifying the basis of the deficiency. If CLIENT issues a Covered Change Order notifying CONSULTANT that CLIENT has rejected the deliverable, CONSULTANT shall remedy the non-compliance no later than twenty (20) business days from the date of notification. Upon delivery of the remedied deliverable, CLIENT shall then have twenty (20) business days to accept or reject the deliverable, based on the Acceptance Criteria for that deliverable, as described above. If CLIENT once again rejects such deliverable, CLIENT will have the option of terminating the Agreement and/or the applicable acceptance criteria. If CLIENT fails to reject any deliverable within the Acceptance Period, in writing specifying the deficiency, CLIENT shall be deemed to have accepted such deliverable as of the twenty first (21st) business day of the Acceptance Period, Acceptance shall be formalized and communicated only upon the entry of a written acceptance document signed by the authorized Acceptor identified in the Agreement. Verbal acceptance shall not be a valid method of CLIENT acceptance. VI. Fees for Basic Services 24 The following fees are anticipated to be payable by CLIENT for Basic Services pursuant to the bi-monthly statements provided for in Article VI of the Agreement for Basic Services that are completed by CONSULTANT, and delivered to, and accepted by, CLIENT as provided for in the Article VI of the Agreement and this Appendix I: Payment 1 - $7,000 - after delivery of first statement Payment 2 - $7,000 - after delivery of second statement Payment 3 - $7,000 - after delivery of third statement Payment 4 - $7,000 - after delivery of fourth statement Payment Five - $11,100 upon completion of all phases of the Basic Services and delivery and final acceptance by CLIENT of all of the Basic Services and deliverables related thereto. VII. Optional Services A. Scope of Optional Services If the CLIENT in a separate writing authorizes Optional Services, the Scope of Optional Services shall be specified in said writing. B. Deliverables Included In Optional Services If the CLIENT in a separate writing authorizes Optional Services, the Deliverables Included in Optional Services shall be specified in said writing. C. Timetable of Optional Services If the CLIENT in a separate writing authorizes Optional Services, the Timetable of Optional Services shall be specified in said writing. D. Acceptance of Deliverables for Optional Services Subject to the provisions of Article V of the Agreement, CONSULTANT will deliver each completed deliverable included in the Optional Services to CLIENT'S Representative on or before the applicable due date set forth in the Timetable of Optional Services above. Upon delivery, CLIENT shall have twenty (20) business days (the "Acceptance Period") to accept or reject the deliverable, based on the acceptance criteria established by the applicable contractual obligations and professional liability standard for that deliverable ("Acceptance Criteria"). If CLIENT notifies CONSULTANT that it has rejected the deliverable, CLIENT shall provide written Covered Change Order, within such twenty business day period, specifying the basis of the 25 deficiency, If CLIENT issues a Covered Change Order notifying CONSULTANT that CLIENT has rejected the deliverable, CONSULTANT shall remedy the non-compliance no later than twenty (20) business days from the date of notification. Upon delivery of the remedied deliverable, CLIENT shall then have twenty (20) business days to accept or reject the deliverable, based on the Acceptance Criteria for that deliverable, as described above. If CLIENT once again rejects such deliverable, CLIENT will have the option of terminating the Agreement and/or the applicable acceptance criteria, If CLIENT fails to reject any deliverable within the Acceptance Period, in writing specifying the deficiency, CLIENT shall be deemed to have accepted such deliverable as of the twenty first (21st) business day of the Acceptance Period. Acceptance shall be formalized and communicated only upon the entry of a written acceptance document signed by the authorized Acceptor identified in the Agreement, Verbal acceptance shall not be a valid method of CLIENT acceptance, E. Fees for Optional Services The following fees are payable by the CLIENT for any Optional Services that are agreed upon in a separate writing as provided for in this Appendix I, and Article II and Article VI of the Agreement: CONSULTANT Services Cost Estimate Spreadsheet Orange County Transfer of Development Rights The Louis Berger Group, Inc.+ Staff 'Agency Co-Project Manager (LBG) LBG ~~ ~ Rate/hr $32.08 Co-Project Manager (UNCC) _ UNCC $35.00 Quality Assurance LBG $53.04 Principal Planner LBG $41.22 Planner LBG $24.82 Community Planner LBG ~ $18.63 Real Estate Specialist LBG $18.15 Principal Planner UNCC $30.00 Legal Review UNCC ~. $65.00 GIS Specialist UNCC $40.00 Policy Specialist UNCC $90.00 Research Associate UNCC $21.85 Graduate Assistant UNCC $17.25 26 Direct Expenses Reproduction Black & White Copies (Pages, at $0.04/page) Color Copies (Pages, at $0.50/page) E-Series Maps ~ (Maps, at $2.50/map) Travel ~ Airfare ~ (Round trips, at $880/round trip) _ Lodging (Days, at $61.5 0/day) Meals (Days, at _ $28/day) __._._ Misc. Training Costs Food (Classes, at $100/class) ~ Materials (Classes, at $25/class) ~ F. Amendments to Appendix I Appendix. I may be amended by mutual written agreement between the CONSULTANT and the CLIENT.