HomeMy WebLinkAbout1995 S Planning - Open Space Development Design Guidebook Contract Page 1
PROJECT DESCRIPTION AND CONTRACT
for
OPEN SPACE DEVELOPMENT DESIGN GUIDEBOOK
Funded by a 1995 Survey and Planning Grant and Orange County
/ 3✓
This Project Description and Contract are herein agreed to this 1g,_0 day of y Orange County,
hereinafter known as the Grantee; the Natural Lands Trust, hereinafter knovnt i ag the Consultant; and
the Division of Archives and History,hereinafter known as the Division.The Grantee will identify a Local
Coordinator, Marvin Collins, who will work with the Consultant and the Division Representative
throughout the project. The project will be conducted according to North Carolina laws and federal
standards and procedures, and will be subject to the review, supervision, advice and final acceptance by
the Division. Services and goods provided by the Consultant, standards to be followed, and services and
goods to be provided by the Grantee and the Division are specified in "Attachment to Open Space
Development Design Guidebook Contract."
A. SCOPE OF WORK:
The project is the preparation of an Open Space Development Design Guidebook for use in the
protection of historic and natural resources in the Albemarle-Pamlico watershed region of North
Carolina
The Consultant will prepare the design guidebook using the model developed by Randall Arendt,
Vice-President for Conservation Planning with the Consultant.
Three areas containing valued historic, archaeological, and natural features in the Albemarle-
Pamlico watershed will be used as case studies - one each in Craven County, Currituck County,
and Orange County. The three case studies will illustrate how the cluster development approach
can be used to enable economic development and growth at full density levels while protecting and
preserving natural and cultural resources.
Each case study will include a narrative description as well as a site plan and birds-eye perspective
showing the existing site,the site as developed using a conventional subdivision approach,and the
site as developed using an open space or cluster design approach.
This contract applies to proiect activities that will take place in Orange County(CLG).A separate
contract applies to project activities that will take place in Craven and Currituck Counties (non-
CLGs) and that will be administered by the N.C. Association of County Commissioners on their
behalf.
B. TOM SCHEDULE:
The project is scheduled for five (5) months, beginning on or after the date of this contract and
terminating no later than September 30, 1996. The attached Time-Product-Payment Schedule is
to be followed throughout the course of the project.
C. PROJECT BUDGET AND ACCOUNTING PROCEDURES:
The final budget for the project is attached to this Project Description.Each time reimbursements
are requested from the Division by the Grantee,project expenditures should be documented with
cancelled (or certified) checks, invoices, time sheets, and/or verification of other in-kind services;
and attached to a cover letter addressed to: Ms. Lloyd D. Childers, Grants-in-Aid Administrator,
109 East Jones Street, Raleigh, NC 27601-2807.
Orange County Contract Page 2
Further details on reimbursement,administration of grant funds,audit requirements,and financial
documentation is found in the Grantee Handbook for Federal Preservation Fund Grant Proiects,
which is incorporated by reference.
D. PERSONAL INCOME AND SELF-EMPLOYMENT TAX RESPONSIBILITIES OF THE
CONSULTANT:
It is understood that the Consultant is being employed as a professional and is an independent
contractor, and that payment for services constitutes a fee which excludes all employment taxes
and related benefits.The Grantee will be responsible for filing appropriate IRS income statements
(FORM 1099) for the Consultant.
E. TERMINATION OF CONTRACT
Termination by Grantee of Consultant's Contract for Cause. If the Consultant fails to
fulfill in a timely and proper manner his/her obligations under this contract, or if the Consultant
violates any of the stipulations of this contract,the Grantee,in consultation with the Division,shall
have the right to terminate the contract for cause by giving written notice to the Contractor
specifying the reasons for and effective date of termination. In such event, the Consultant shall
cease work immediately upon receipt of such notice. The Consultant shall be entitled to receive
just and equitable compensation for any satisfactory work completed prior to termination.
Enforcement Remedies by Division for Contractor Nonperformance. If the Consultant
fails to fulfill in a timely and proper manner,his or her obligation under this contract, or violates
any of the stipulations of this contract, the Division may enforce the remedies for grantee or
subgrantee compliance pursuant to section 43 of the Code of Federal Regulations (43 CFR 12.43,
12.44), incorporated by reference in this contract.
F. CHANGES IN PROJECT DESCRIPTION/CONTRACT
Only minor changes may be made in the scope or budget without the approval of the Division.
Minor changes are those changes that involve 5%or less of the project cost and that: do not alter
the basic scope of the project; do not substitute unapproved materials or methods; do not add or
delete work items.
Major changes made without prior Division approval are not allowed. As the costs of such
unapproved changes may be disallowed or as entire grant allocation of the project may be canceled,
it is important to request and receive in writing necessary approvals before changes are made.
The Grantee should contact grants administrator Lloyd Childers by telephone if any changes are
anticipated. If the change is minor, the grants administrator will advise the Grantee to proceed
and to describe the change in the final financial report. If the change is major, the Grantee will
be required to use the procedure outline in the Grantee Handbook for Federal Historic
Preservation Fund Grant Proiects.
G. NONDISCRIMINATION ASSURANCES:
In consideration of the signing of this Contract for the performance of work and furnishing of labor
and materials as set forth herein, the parties hereto for themselves, their agents, officials, and
employees or servants agree not to discriminate in any manner on the basis of age,handicap, sex,
race,color,creed,sexual orientation,or national origin with reference to the subject matter of this
Contract,no matter how remote. This provision is hereby incorporated into this Contract for the
benefit of the Grantee and may be enforced by action for specific performance, injunctive relief,
or other remedy as by law provided.
Orange County Contract Page 3
H. OTHER STIPULATIONS:
Please refer to the attached 'Appendix for Subgrant Agreements'for stipulations regarding
procurement; retention of records; changes in scope; prohibition of lobbying, non-federal audit;
publications; suspension or termination of subgrant; standards for final products; equal
opportunity; and other requirements.
We the undersigned, having read, understood, and agreed to the terms of this project description and
contract, so affix our signatures this Igik- day o , 1995.
Gr
Orakg4NUfftf
Moses Carey, Jr.
Chair, Board of County Co sioners
Consultant:
The Natural Lands Trust
Randall Arendt, Vice President/Conservation Planning
sion of Archives and Histo :
1A )/I A�
a ' Brook
Orange County Contract Page 4
Attachment to Open Space Design Guidebook Contract
1. SERVICES AND GOODS PROVIDED BY THE CONSULTANT AND STANDARDS TO
BE FOLLOWED:
The Consultant will prepare an open space development design guidebook with the guidance and
support of the Local Coordinator and the Division Representative, Melinda Wall, Preservation
Planner, and will follow the applicable provisions of the Secretary of the Interior's Standards for
Preservation Planning (Federal Register, Vol 48, No. 190, Part IV, page 44716ff.) The design
guidebook will illustrate how the cluster development approach can be used to enable economic
development and growth at full density levels while protecting and preserving natural and cultural
resources. The Consultant's proposals for text, illustrations, and format shall be reviewed and
approved by the Grantee and the Division prior to production.
The Consultant will conduct three (3) site visits to tour the case study site to identify existing
historic and natural features, to review draft plans and perspectives of the case study site,and to
present the draft open space development design guidebook.By mutual consent,the last site visit
may include a public presentation of the draft guidebook.
At the end of the project,the Consultant will submit to the Division and the Grantee one camera-
ready document of the open space design guidebook and a floppy disk containing the text of the
open space design guidebook(in a format agreed to by mutual consent)before final reimbursement
is made.
H. SERVICES AND GOODS PROVIDED BY DIVISION:
In order to ensure the consistent application of the Secretary's Standards and to provide support
and guidance to sponsoring agencies and the Consultant, the Division will provide the following
services and goods as budget and staff permit:
1. Orientation for Consultant to ensure familiarity with planning standards, resources of-
Archives and History, and Historic Preservation Office program.
2. Review of all project products to assure compliance with North Carolina laws and
adherence to accepted professional preservation standards and practices, and assist
Consultant with interpretation of North Carolina laws and federal standards and
procedures. Approval of the narrative portions of the plan by the Survey and Planning
Branch is required.
3. Processing and printing of black and white photographs at Division cost, if desired by
Grantee. A cost list will be provided to the Grantee for various photography items.
NOTE: The Division seeks to process photographs quickly to expedite projects,
but problems of labor and supplies sometimes generate long backlogs. A
three-week processing time is usual, but sometimes six weeks to two
months may occur.If the Grantee chooses to use the Division's photo lab
services, the Grantee acknowledges the possibility of backlogs noted as
above.
4. Authorize payments to the Consultant upon request of the Local Coordinator.
Orange County Contract Page 5
M. SERVICES AND GOODS PROVIDED BY THE GRANTEE:
To ensure that the project will operate efficiently on the local level for the Consultant,the Grantee
agrees to do the following.
1. Conduct local administration and accounting of the grant.
2. Provide prompt secretarial assistance (if a part of the budget) for the project,
understanding that deadlines established in the project schedule must be met.
3. Provide administrative assistance for public notices and public meetings.
4. Provide expert staff assistance to supplement the efforts of the Consultant, including the
use of geographic information systems (GIS) in the evaluation of and preparation of site
plans for the case study site.
5. Provide adequate office space(if a part of the project budget) for the Consultant including
a telephone and desk.
6. Assist Consultant in developing local contacts and generating publicity for the project.
7. Review project products and submit products to the Division for review.
APPENDIX
for
SUBGRANT AGREEMENTS -
The following stipulations apply to all subgrant projects
funded in part by federal Historic Preservation Fund (HPF)
monies awarded to the North Carolina Department of Cultural
Resources, Division of Archives and History, State Historic
Preservation Office (HPO) , by the U. S. Department of the
Interior, National Park Service.
Questions about the application of these conditions to
specific projects are available from the HPO project
specialists or from Lloyd D. Childers, Grants Administrator,
State Historic Preservation Office, 109 East Jones Street ,
Raleigh, NC 27601 -2807. Telephone: *( 919 ) 733-4763,
FAY,: ( 919 ) 733-8653 .
1 . PROCUREMENT: Subgrantees must forward to the' HPO
evidence of compliance with Federal competitive
procurement requirements for professional services and
subcontracts prior to reimbursement , if applicable.
2. RETENTION OF RECORDS: Acceptable federal and nonfederal
share supporting documentation must be submitted prior to
reimbursement, if applicable. Documentation includes:
copies of contract, timesheets, front and back of
canceled checks (or computer printouts) , invoices, etc.
3 . CHANGES IN SCOPE: The approved scope of work, products,
budget and performance/reporting milestones included in
the contract cannot be changed without prior written
approval from the HPO.
4. LOBBYING PROHIBITED: Subgrantees must conform with the
i following text of 18 U.S.C. 1913, which prohibits the use
of. the subgrant funds for lobbying: No' part of the money
appropriated by any enactment of Congress shall , in the
absence of express authorization by Congress, be used
directly or indirectly to pay for any personal service,
advertisement, telegram, telephone, Ietter, printed or
written matter, or other device, intended or designated
to influence in any manner a Member of Congress, to favor
or oppose by vote or otherwise, any legislation or
appropriation by Congress, whether before or after the
introduction of any bill or resolution proposing such
legislation or appropriation- but this shaII not prevent
officers or employees of the United States or its
i Department or agencies from communication to Members of
Congress on the request of any Member or to Congress,
through the proper official channels, requests for
legislation or appropriations which they deem necessary
for the efficient conduct of the public business.
Appendix for Agreement
Page 2
5. NONFEDERAL AUDIT: Subgrantees are responsible for
obtaining audits in accordance with the Single Audit Act
of 1984 for State or local' governments, or the audit
requirements of OMB Circular A-110 for universities and
nonprofit organizations. The audits shall be made by an
independent auditor in accordance with generally accepted
government auditing standards covering financial and
compliance audits.
6. PUBLICATIONS: Acknowledgment of federal grant assistance
should be made in connection with the publication of any
material -based on, or developed under, any activity
supported by HPF grant - funds, as follows: The activity
that is the subject of this (type of publication) has
been financed (in part/entirely) with federal funds from
the National Park Service, Department of the Interior.
However, the contents and opinions do not necessarily
reflect the views or policies of the Department of the
Interior, nor does the mention of trade names or
commercial products constitute endorsement or
recommendation, by the Department of the Interior.
NOTE: The design and content of any publication
produced from a survey of architectural or
archaeological resources must be reviewed and
approved by the HPO prior to its printing.
7. SUSPENSION OR TERMINATION OF SUBGRANT: Voluntary and
involuntary suspension or termination of the subgrant , in
whole or in part, by either the State or subgrantee may
occur at any time prior to the date of project
completion.
8. STANDARDS FOR FINZLL PRODUCTS: Final products w'hich do
not- conform to the terms and conditions of the grant ,
agreement or which do not meet the applicable Secretary
of the Interior's "Standards" will not be reimbursed.
9. EQUAL OPPORTUNITY: Subgrantee must comply with Title VI
of the Civil Rights Act of 1964 and Section 504 of the
Rehabilitation Act of 1973 .
10. OTHER 'REQUIREMENTS: In addition to the terms detailed in
this Subgrant Agreement, all federal requirements
governing grants are applicable. (OMB Circulars A-87 or
A-121 , A-102 or A-110, and A-128)
. U.S. Department of the Interior
TO BE COMPLETED BY
CONTRACTORS)
Certification Regarding
Debarment, Suspension, Ineligibility and
Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order
12549, Debarment and Suspension,43 CFR Part 12,Section 12.510, Participants'
responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal
Rester (pages 19160-19211). Copies of the regulations are included in the proposa
package. For further assistance in obtaining a copy of the regulations,contact the U.S.
Departmeat of the Interior;Acquisition and Assistance Division, Office of Acquisition and
Property Management, 18th and C Streets,N.W.,Washington,D.C. 20240.
(BEFORE COMPLETING CERTIFICATION,READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies,by submission of this proposal,
that neither it nor its principals is presently debarred,suspended,proposed for debarment,
declared ineligible,or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the
statements in this certification,such prospective participant shall attach&a explanation to
this proposal.
Randall`Arendt,, Vice-President%Conservation Planning, Natural Lands Trust
Name and Title of Authorized Representative
Signature Date
01-1954
TIME/PRODUCT/PAYMENT SCHEDULE
1995 CLG SURVEY&PLANNING GRANT
OPEN SPACE DEVELOPMENT DESIGN GUIDEBOOK
ORANGE COUNTY,NORTH CAROLINA
Time Payment
Schedule Product Schedule*
_..
Meeting with Project Coordinator/Division Representative.
Tour of Case Study Site
Data Collection
—Architectural,archaeological,and natural resources
1 Month — F-Idsting development standards and regulations $2,500
Preparation of Sketch Plans (Upon completion
— Conventional Subdivision Design of product)
— Identification of Primary and Secondary Conservation Areas
— Open Space/Cluster Subdivision Design
Preparation of Final Plans with Birds—Eye Perspectives
1 Month — Conventional Subdivision Design $2,000
— Identification of Primary and Secondary Conservation Areas (Upon completion
— Open Space/Cluster Subdivision Design of product)
Preparation of Case Study Description
1 Month — Draft Case Study Text $2,500
—Meeting with Project Coordinator/Division Representative (Upon completion
— Revisions/Preparation of Final Case Study Text of product)
:.;:. ,.:.. llLS�GI�Grt.TII3�BOQK TE3�.'I' _
Preparation of Draft Text
— Purpose of the Guidebook
—The Case Study Counties: An Overview
— Conventional vs.Open Space Design:Comparisons and Contrasts
— Advantages of Open Space Design
—Roles and Responsibilities of Various Parties
2 Months — Designing Open Space Developments $2,167
— Creating An Open Space Network with final product
— Open Space Designs:Three Case Study Counties approval
—Model Ordinance Provisions
— Management Techniques
Meeting with Project Coordinator/Division Representative
Revisions/Production of Des i Guidebook
' TAL.: : $9,167
*Payments to consultant are contingent upon product approval by the State Historic Preservation Office.
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