HomeMy WebLinkAboutAgenda - 06-24-2008-4eeORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 24, 2008
Agenda
Item No. ~- - ~ E~
SUBJECT: Contract Amendment -Comprehensive Plan Update
DEPARTMENT: Planning & Inspections PUBLIC HEARING: (YIN) ~N
ATTACHMENT(S):
1) Original Agreement for Professional Services INFORMATION CONTACT:
2) Agreement for Professional Services
Amendment Tom Altieri, Comprehensive Planning
Supervisor, 245-2579
PURPOSE: To consider amending the Agreement for Professional Services (Attachment 1)
with Clarion Associates to provide services during Phase II of the Comprehensive Plan Update
process.
BACKGROUND: At the May 19th Quarterly Public Hearing on the Comprehensive Plan Update
Phase II, the BOCC requested an additional Public Hearing on the draft Plan on August 25,
2008 and asked for the Planning Board to develop recommendations on a timetable to complete
the Update process.
At the June 10, 2008 BOCC Work Session, the Planning Board's recommended timetable for
the completion of the Comprehensive Plan was presented and authorized by the BOCC.
The proposed Contract Amendment (Attachment 2) is consistent in keeping with the BOCC
authorized timetable and process.
FINANCIAL IMPACT: The costs of services as outlined in the attached amendment are not to
exceed $8,000. Staff has included this Non-Departmental Reserve for BOCC/Planning
Initiatives Consultant Services budget item in the FY 2008-09 proposed budget.
RECOMMENDATION(S): The Manager recommends that the Board approve the attached
Agreement for Professional Services Amendment and authorize the Chair to sign.
Attachment 1 2
AGREEMENT FOR PRUFESSIUN,AL SERVICES
THIS AGREEMENT, effective as of the day of 2006, by and
between Orange County, North Carolina {hereinafter referred to as the Client), and Clarion
Associates of Colorado, LLC, a Colorado Limited Liability Company doing business at 1700
Broadway, #400, Denver, Colorado (hereinafter referred to as the Contractox).
WHEREAS, the Client is undertaking preparation of a Comprehensive Plan; and
'PVHEREAS, the Client desires to engage the Contractor to render certain professional
advice and assistance in connection with the preparation of the Comprehensive Plan:
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Scope of Services. The Contractor agrees to provide planning services to the Client.
The services to be performed are described in Exhibit A: Scope of Services, attached
hereto and incorporated herein. The Client agrees to provide supporting services to
the Contractor as described in Exhibit A.
2. Time of Performance. The services of the Contractor are to commence on the date
of execution of this agreement, and sha11 be undertaken and completed in such
sequence as to insure their completion consistent with the schedule in Exhibit A. The
tune of performance may be extended by mutual agreement of the parties.
Contractor's work will be of a level that is considered professionally acceptable i~ the
planning profession.
3. Method of Payment & Total Proiect Amannt. The Client shall compensate
Contractor far its services in accordance with the Compensation Schedule set out in
Exhibit B. The amounts set forth on Compensation Schedule are not to exceed
amounts for each task. It is understood and agreed that in no event will the total
compensation and reimbursement to be paid hereunder exceed the sum of $50,000 far
all services rendered. By mutual agreement, the Client and Consultant may reallocate
the budget among project tasks i.fthe fatal budget amount remains unchanged.
4. General Terms and Conditions.
A. Termination of Agreement: The Client shall have the right to terminate. this
Agreement, with ar without cause, by giving written notice to the Contractor
of such ternx%nation and specifying the effective date thereof, which notice
shall be given at least 30 days before the effective date of such tezzx~ination. In
such event all finished ar unfinished documents, data, studies and reports
prepared by the Contractor pursuant to this Agreement shall become the
Client's property. Contractor shall be entitled to receive compensation in
accordance with the Agreement for any satisfactory work completed pursuant
to the terms of this Agreement prior to the date of termination. Not
withstanding the above, Contractor shall not be relieved of liability to the
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Client far damages sustained by the Client by virtue of any breach of the
Agreement of the Contras#or.
B. Chan es. The Client may, from time to time, request changes in the scope of
services of the contractor to be performed hereunder. Such changes, including
the increase ar decrease in the amount of the Contractor's compensation,
which are mutually agreed upon between the Client and the Contractor, shall
be in writing and upon execution shall became part of the Agreement.
C. Assignability. Any assignment or attempted assignment of this Agreement by
Contractor without the prior written consent of the Client shall be void;
provided, however, that claims for money due or to become due Contractor
from, the Client under this Agreement may be assigned to a bank, or other
financial institution, without such approval. Notice of any such assignment or
transfer shall be fiwrnished to the Client.
D. Audit. The Client ar any of its duly authorized representatives shall have
access to any books, documents, papers, and records of Contractor which are
pertinent to Contractor's performance under this Agreement, for the purposes
of making an audit, examination, or excerpts. The Contractor shall maintain
records for 3 years after contract ends. .
E. Ownership of Documents. Drawings, specifications, guidelines and other
documents prepared by Contractor in connection with this Agreement shall be
the property of the Client. However, Contractor shall have the right to utilize
such documents in the course of its marketing, professional presentations, and
for other business purposes.
F. Governing Law. This Agreement has been executed by the parties hereto on
the day and year first above written and shall be governed by the laws of the
State of North Carolina. Contractor shall also comply with all applicable state
and federal laws and regulations and resolutions of the Client.
G. Subcontractors. Subcontractors may be utilized if approved by the Client.
H. Notices. Any notice concerning the terms and conditions of this Agreement
from Contractor to the Client shall be in 'writing and delivered, either
personally or by mail (postage prepaid), by telegram or facsimile transmission
and shall be addressed as follows:
Mr. Tom Alfieri, Comprehensive Planning Supervisor
306-F Revere Rd., PO Bax 8181
Hillsborough, North Carolina 2727$
Facsimile number: (919) 644-3002
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Notices to Contractor from Client shall be in writing and delivered, either
personally or by mail (postage prepaid), by telegram or facsimile transmission
and shall be addressed to:
IVIr. Roger Waldon
Clarion .Associates
1 S26 East Franklin Street, Suite 102
Chapel Hill, North. Carolina 27514
Facsimile number: (919) 967-9077
Notices shall be deemed effective upon delivery in the event of personal
delivery, and after three (3) days when mailed, postage prepaid; if transmitted.
by facsimile or telegram, upon verified receipt of the electronic transmission.
Either party may change its address in reference to notices by written
notification to the other party.
5. Indemnification. Contractor shall indemnify and hold Client harmless from and
against and all claims, suits, or action made or asserted for any damage to person or
property occasioned by the negligent errors ar omissions by Contractor in connection
with performance of Contractor's obligation under this Agreement.
A. Indeuendent Contractor. Contractor is an independent contractor.
Notwithstanding any provision appearing in this Agreement, all personnel
assigned by Contractor to perform work under the terms of the Agreement
shall be and remain at all times, employees of the Contractor for all puzposes.
The Contractor, its agents and employees, in the performance of this
Agreement, shall act in an independent capacity and not as officers ar
employees of Client.
6. Extent of Agreement. This Agreement represents the entixe and integrated
agreement between the Client and the Contractor and supersedes all prior
negotiations, representations or agreement, either written or oral. This Agreement
may be amended only by written Agreement signed by both the Client and the
Contractor.
7. Mediation and Arbitration. Any disputes arising out of this Agreement shall be
subject to arbitration. As apre-condition to the filing of any such arbitration, all
claims, disputes, and other matters in question between the parties to this Agreement
arising out of or relating to this Agreement concerning a breach thereof, shall first be
submitted to non-binding mediation prior to initiation of any arbitration unless the
parties mutually agree otherwise. The cast of said mediation shall be split equally
between the parties. This Agreement to mediate shall be specifically enforceable
under the prevailing laws of the State of North Carolina.
The parties agree that any disputes concerning the terms and conditions of this
Agreement that cannot be resolved after consultation and discussion between the
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parties or by mediation shall .be submitted and finally settled by arbitration. Any
arbitration shall be conducted under the rules of the American Arbitration
Association.
Mediation or arbitration conducted under this Agreement shall occur in Orange
County, North Carolina.
8. Seyerability. In the event that any provision of this Agreement shall be held to be
invalid or unenforceable, the remaining provisions of this agreement shall remain
valid and bindingylaea~the parties hereto.
CLARX~ ASS® TES C ORA.NG Ui7NTY
BY: BY: _
raig Rtc dson oses Carey, J'r.
Title: ice Pre~i ut Title: Chair, Board of Couu ommissioners
v
llate: 1J Date: '%/Q D ~
- - -T-r
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Exhibit A: Scope of Services
Task '1: ReconnaissanceJData Collection
Contractor.
A. INTERVIEW ELEMENT MANAGERS AND COLLECT DOCUMENTS FOR
SYNTHESIZING {Maximum of 7 meetings)
® Using the general Table of Contents attached) as a general guideline, meet
with Element Managers to review and collect pertinent documents for
synthesizing. Comprehensive Planning Supervisor will also attend these
meetings.
• Receive any guidance that Element Managers may have to offer far
synthesizing.
B. IDENTIFY GAPS AND DEVELOP DETAILED TABLE OF CONTENTS FOR
EACH ELEMENT (Maximum of 7 meetings)
a Review documents that have been collected and identify any missing
components that should be included in the draft Elements.
® Meet a second time with respective Element Managers} and Project
Management Team to develop recommendations on how to fill any identified
gaps in data or information, not policy.
Draft detailed Tables of Contents .for each individual Element.
County Staff:
® Collect pertinent documents for synthesizing, meet with Contractor and
provide guidance.
With Contractor, develop recommendations to fill data and information gaps.
Deliverables:
• Detailed Table of Contents for 7 Elements.
o Gaps identified and recommendations to fill.
Schedule: Upon contract execution, initiated immediately and completed by end of
September 2407
Task 2: Advisory Board Meetings
Contractor:
A. JOINT ADVISORY BOARD MEETING
® Participate in Joint Advisory Board meeting (October 2007) to "kick off' the
beginning of Phase II activities. {1 meeting}
• Coordinate with the Dispute Settlement Center {consultant hired to facilitate
some meetings) and Project Management Team to prepare for meeting and
collect meeting notesldocumentation following the Joint Advisory Board
Meeting. (2 meetings)
B. ELEMENT LEAD ADVISORY BOARD MEETINGS (Maximum of 7-meetings)
® Meet once with each Lead Advisory Board to present a detailed draft Table of
Contents for that Board's individual Element.
® As a partner wrth Element Managers, convey gaps and recommendations for
filling them.
• Prepare a memorandum summarizing the feedback provided by each
Advisory Board.
4 Revise draft Table of Contents for the Comprehensive Plan as directed by
Element Managers, taking Advisory Board feedback into consideration.
Convey Advisory Board preference for filling gaps to Project Management
Team.
C. PLANNING BOARD MEETINGS {Maximum of 3-meetings}
® Appear with staff to provide updates to the Board on the progress of the
overall project and the Elements in which the Planning Board does not play a
lead role.
County Staff:
All arrangements and meeting materials for Joint Advisory Board Meeting.
• Coordination between Dispute Settlement Center and Contractor.
• Coordination of Lead Advisory Board Meetings.
Deliverables:
a Dacurnented feedback from Advisory Boards
• Final draft, detailed, Tables of Contents for 7 Elements.
Schedule: Completed in October and November 2007.
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Task 3: Formatting/Assembling Comprehensive Plan
Contractor:
SYNTHESIZE DOCUMENTS
Coordinate with Element Managers to collect any material prepared by county
s#aff to fill ident~ed gaps, as directed by the Project Management Team.
® Fallowing standardized formatting guidelines {to be developed by Element
Managers and approved by the Project Management Team) and the Table of
Contents that were completed for each Element, synthesize documents into a
draft Comprehensive Plan.
Adopted County Profile Element shall be inserted into the draft.
County Staff:
® Complete and convey any material required to fill gaps as instructed by the
Project Management Team.
4 Provide formatting guidelines.
® Provide, in agreed upon format, Sections l V of the Comprehensive Plan, as
described in Attachment 1.
Deliverables:
p 120 black-and-white copies of Draft Comprehensive Plan based on detailed
Tables of Contents developed far each Element and genera! Table of
Contents {i.e. intro., Planning Principles, Admin., and Monitoring} for overall
Comprehensive Plan {Attachment 1 }. An electronic copy shall also be
provided an CD.
Schedule: Completed 6y end of February 2005.
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Task 4: Present Comprehensive Plan and Revise
Contractor:
PRESENT, WITH ELEMENT MANAGERS, DRAFT COMPREHENSIVE PLAN
TO LEAD ADVISORY BOARDS (Maximum of 7 meetings)
a Prepare a memorandum summarizing feedback provided by Advisory Boards.
® Revise draft Elements as directed by Element Managers, taking Advisory
Board feedback into consideration.
Revise any remaining sections of the Comprehensive Plan not contained
within an Element, as directed by the Projec# Management Team, taking
Advisory Board feedback into consideration.
County. Staff:
All required community outreach and notification.
® Coordination of Lead Advisory Board Meetings. .
Review draft Comprehensive Plan and provide a consolidated list of staff
suggest'rans for revisions.
Deliverables:
Memorandum summarizing feedback from Advisory Boards.
® One revision of the Comprehensive Plan to reflect Board feedback and staff
suggestions.
40 color copies of Final Draft Comprehensive Plan for Public Hearing. An
electronic copy shall afro be provided on CD.
Schedule: Completed by mid-April 2008
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Task 5: Public Meetings
Contractor:
A. PUBLIC HEARING (1-meeting}
® Attend Public Hearing and participate in the presentation.
B. PLANNING•BOARD MEETING (1-meeting) •
® Attend Planning Board meeting to receive their recommendation on the
Comprehensive Pian.
C. BOCC CONSIDERATION (1-meeting)
Attend the BOCC meeting for the consideration of the Comprehensive Plan
Update.
County Staff:
Deliverables:
® Ali required notification and advertisement.
® Fallow-up, additional revisions to the Comprehensive Plan as directed
by the BOCC following the Public Hearing. •
® Prepara#ian of materials and presentations related to BOCC action on
the Comprehensive Plan following the Public Hearing.
® PawerPoint Presentation for Public Hearing.
Schedule: Task 5A completed May 2008; Task 5B completed June or July 2008; and
Task 5C to be completed August 2008
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Exhibit B: Compensation Schedute
The Scope of Work ident'~ied in Exhibit A wi[I be undertaken within a budget
of $50,000. The breakdown of costs is as follows:
TASK BUDGET
Task 1; Reconnaissance/Data Collection: $ 10,000
Task 2: Advisory Board Meetings: $ 8,000
Task 3: FormattingiAssembling Comprehensive Plan:$ 17,000
Task 4: Present Comprehensive Plan and Revise: $ 10,000
Task 5: Public Meetings: $ 5,000
TOTAL BUDGET $ 50,000
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Attachment 'I
Orange County Comprehensive Plan
Draft Table of Contents
Secfions and Subsec[~ions
I. Introduction
A. What is the Orange County Comprehensive Plan?
B. Authorization and State Guidelines
C. Orange County Planning History
D. Update Process and Citizen Participation
E. User`s Guide
t][. Planning Principles (As amended 6y the BOCC April 24, 2007)
A. Efficient and Fiscally Responsible Provision of Public Facilities and
Services
B. Sustainable Growth and Development
C. Encouraging Energy Efficiency, Lower Energy Consumption and the Use
of Nan-Polluting Renewable Energy Resources While Promoting Both Air
Quality Protection and the Development of an Effective Transportation
System
D. Natura{ Area Resource Preservation
E. Preservation of Rural Land Use Pattern
F, Water Resources Preservation
G. Promotion of Economic Prosperity and Diversity
H. Preservation of Community Character
III. Administration and Implementation Guidelines
(Ta include the genera! guidelines for county departments and
.advisory boards to fallow after the Comprehensive Plan is adopted)
IV. Monitoring Procedures
A. Review
B. Evaluation
C. Amendment
V. County Profile (Data) Element
A. Purpose
B. Historic and Current Data
Bl, Regional OverviewjGeography
B2. Population
63. Housing
64. Employment and Economy
C. Population Projections (low, med., and high growth scenarios)
x~
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Sections and .Subsections
VI. Economec ®evelopment Element
A. Purpose
B. Historic Data, Current Data and Trends (including evaluation)
C. Needs Assessment/Level of Service
D. Goals and Objecfives
E. Interrelationships with Other Elements
and Other Key Documents
F. Intergovernmental Coordination
VII. Housing Element (includes Affordability)
A. Purpose
B. Historic Data, Current Data and Trends (including evaluatian)
C. Needs Assessment/Level of Service
D. Goals and Objectives
E. Intenrelationships with Other Elements
and Other Key Documents
F. Intergovernmental Coordination
VIII. Land Use Element (includes Future Land Use Map and Energy)
A. Purpose
B. Historic Data, Current Data and Trends (including evaluatian)
C. Needs Assessment/Level of Service
D. Goals and Objectives
E. Interrelationships with Other Elements
and Other Key Documents
F. Intergovernmental Coordination
I)C. Natural and Cultural Systems Element (includes Natural
Areas, Agricultural Resources,~Histeric and~Cultiaral Resources, Water
Resources, and Air Quality/other Natural Resources)
A. Purpose
B. Historic Data, Current Data and Trends (including evaluation}
C. Needs Assessment/Levei of Service
D. Goals and Objectives
E. Interrelationships with Other Elements
and Other Key Documents
F. Intergovernmental Coordination
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Sec[fions and Su6seclions
X. Recreation and Parks
A. Purpose
B. Historic Data, Current Data and Trends (including evaluation)
C. Needs AssessmentjLevel of Service
D. Goals and Objectives
E. Interrelationships with Other Elements
and Other Key Documents
F. Intergovernmental Coordination
SCI. Services (Utilities) and Community Facilities Element (includes Water,
Sewer, DrainagejAquifer Recharge, Solid Waste, Emergency Management
Services, Libraries, and Education)
A. Purpose
B. Historic Data, Current Data and Trends (including evaluation)
C. Needs AssessmentJLeve1 of Service
D: Goals and Objectives
E. Interrelationships with Other Elements
and Other Key Documents
F. Intergovernmental Coordination '
]CSI. Transporication Element (includes Transporbtion Improvement Plans,
Functional Classification Criteria, Public Transportation, and BicyclejPedestrian
Facilities)
A. Purpose
B. Historic Data, Current Data and Trends (including evaluation)
C. Needs Assessment/Level of Service
D. Goals and Objectives
E. Interrelationships with Other Elements
and. Other Key Documents
F. Intergovernmental Coordination
XIII. Appendices
A. Data (County Profile)
B. Economic Development
C. Housing
D. Land Use
E. Natural and Cultural Systems
F. Recreation and Parks
G. Services (Utilities) and Community Facilities
H. Transportation
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Attachment 2 15
NORTH CAROLINA
ORANGE COUNTY
AGREEMENT FOR PROFESSIONAL SERVICES
AMENDMENT
THIS AMENDMENT, is made and entered into as of this the _ day of June,
2008, by and between Orange County, North Carolina, (hereinafter referred to as
"County") and Clarion Associates of Colorado, LLC, a Colorado Limited Liability
Company doing business at 1700 Broadway, #400, Denver, Colorado (hereinafter
referred to as "Contactor").
WHEREAS, the parties hereto have entered into that certain Agreement for
Professional Services dated July 14, 2007 (the "Agreement") regarding the preparation
of a Comprehensive Plan (the "Project"); and
WHEREAS, Exhibit A of the Agreement specifies a Scope of Services; and
WHEREAS, Exhibit B of the Agreement specifies a Compensation Schedule; and
WHEREAS, the County has extended the timeline for completion of the Project
and requires further revisions to the Project document; and
WHEREAS, County Planning Board, County Staff and the Contractor now desire
to revise Exhibits A and B to complete the Project.
NOW THEREFORE, in consideration of the mutual covenants and
considerations hereinafter set forth, the parties hereto agree as follows:
Exhibit A shall be revised to include the following:
Task 6: Incorporation of Final Edits Into the Comprehensive Plan
Contractor:
BOCC MEETINGS (Up to 3-meetings)
• Planning Staff to present a project status report to the BOCC in September
2008.
• BOCC consideration of Planning Board's recommendations in October
2008.
County PlanningStaff:
• Prepare list of final revisions, as adopted by the BOCC, and forward to the
Contractor. The list of final revisions will include page and line number
references and specific instructions.
Contractor Deliverables:
• Thirty (30) black and white copies of the Comprehensive Plan, each including
one 11x17 color copy of the Future Land Use Map and all revisions, as adopted
by the BOCC and conveyed to the Contractor by Planning Staff.
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• Electronic files of the revised Comprehensive Plan in Microsoft Word (.doc)
format.
Schedule:
• Completed in November 2008.
Exhibit B shall be revised to include the following:
Task 6: Incorporation of Final Edits Into the Comprehensive Plan, $8,000; and reflect a
Total Budget of $58,000.
IN WITNESS WHEREOF, the parties have caused this Amendment to be signed
by their duly authorized representative as of the day of June, 2008.
ORANGE COUNTY, NORTH CAROLINA:
By:
Barry Jacobs, Chair
Orange County Board of Commissioners
CONTRACTOR;
By:
Craig Richardson, Vice-President
Clarion Associates LLC