HomeMy WebLinkAboutAgenda 10-21-2025; 6-b - Discussion of the Draft School Construction Interlocal Agreement 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 21, 2025
Action Agenda
Item No. 6-b
SUBJECT: Discussion of the Draft School Construction Interlocal Agreement
DEPARTMENT: County Manager, County Attorney
ATTACHMENT(S): INFORMATION CONTACT:
Attachment 1. Draft Proposed School Kirk Vaughn, (919) 245-2153
Construction ILA John Roberts, (919) 245-2318
Attachment 2. Major Project Planning
Addendum
Attachment 3. Presentation
PURPOSE: To discuss and provide feedback to the Manager on the draft School Construction
Interlocal Agreement (ILA) with both School Districts.
BACKGROUND: During the 2024 bond process, the Board of County Commissioners reviewed
its policies and procedures around school capital funding, updating the School Capital Funding
Policy and the Major Project Planning Addendum. The Board requested staff review and propose
an ILA to strengthen accountability and transparency for upcoming school construction and
renovation projects. Staff reviewed similar arrangements in other counties with active school
construction, including an ILA from Wake County. The draft ILA codifies a joint school construction
Core Team comprised of staff from all three entities. This Core Team will have assigned roles,
meet quarterly and more often as needed, and report back to the Joint Meeting of the Board of
Commissioners and School Boards at least once per year. Additionally, there are provisions in the
agreement that school staff report on the alignment with County policies, that the Team maintain
information for public consumption, and that that each party identifies a liaison for its respective
governing board.
Subsequent to the initial review of the ILA and upon discussions with the Chair, the County
Attorney revised the document to reflect additional detail related to the major construction and
renovation projects. The major revisions are highlighted below:
• Requiring, to the greatest extent practical, projects to align with the principles Woolpert
Report.
• Establishing a minimum dollar threshold of $250,000 for projects to be overseen by the
Core Team.
• School Districts to propose projects, refer those proposals to the Core Team for
consideration, the Core Team will refer proposals to the County Manager, and the County
Manager will then refer projects to the Board of County Commissioners for approval.
• Provides construction manager at risk ("CMAR") as the default procurement method.
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• The School Districts shall select a design professional and submit to the Board of
Commissioners for review and approval and upon approval the School Districts shall
manage the design of each project. Any amendments to the design contract shall be
submitted to the County Commissioners for approval.
• The School Districts shall directly manage school construction. Any change orders or
amendments that increase the total budget of the project must go to the County for
approval.
• Requires the completion of a sales tax recapture agreement(s) prior to beginning any
project.
• Provides for how defaults and remedies are addressed.
Staff also recommends establishing separate agreements with each School District, that way one
District withdrawing from the agreement does not dissolve the relationship between the County
and the other District.
Along with the ILA, the County reviewed options in managing this process, and determined that it
would be preferable to have staff provide oversight and communication during the project
construction, rather than hiring a project management firm. The Manager recommends adding a
1.0 FTE (full time equivalent) School Capital and Financial Analyst to coordinate the meetings of
the CORE Team, report back to the Board on school construction, and manage all public
communications, including maintenance of a dashboard. This position would also consolidate
other school related tasks that currently reside in different departments, like the coordination of
the Schools Adequate Public Facilities Ordinance Technical Advisory Committee (SAPFOTAC)
and the reporting of capital expenditures for financing and reimbursement. This position would be
funded out of the Pay-Go funds set aside for Project Management. $500,000 was budgeted in FY
2026, and $1,000,000 is planned annually for future years. The County will retain approximately
$45,000 for a position starting December 1, 2025, and will allocate the remaining Pay-Go funds to
the School Districts for project and program management expenses. If the Board moves forward
with the ILA, the formal creation of this position will be considered at a subsequent meeting.
FINANCIAL IMPACT: There is no financial impact associated with discussion of the Interlocal
Agreement. The School Capital and Financial Analyst position would utilize funds already
budgeted in the FY 2025-26 budget.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• GOAL 5: PUBLIC EDUCATION/LEARNING COMMUNITY
OBJECTIVE 1. Foster collaborative relationships with formal and informal educational
organizations and agencies to provide opportunities for community members to meet,
connect, and learn together.
OBJECTIVE 2. Improve school readiness and educational outcomes by providing access,
training, tools, technology, and other resources needed to thrive.
OBJECTIVE 4. Improve learning environments by investing in facilities over a 10-year
period that address repair, renovation, and educational adequacy needs.
RECOMMENDATION(S): The Manager recommends the Board provide feedback to the
Manager, solicit feedback from both School Districts, to present an updated Interlocal Agreement
for Board approval at a subsequent meeting.
DRAFT Attachment 1 3
AGREEMENT FOR THE
CONSTRUCTION AND RENOVATION
OF VARIOUS SCHOOL PROJECTS
This INTERLOCAL AGREEMENT ("Agreement") is hereby made and entered into this the
day of , 2025, by and between ORANGE COUNTY, hereinafter referred to
as ("County"), and the ORANGE COUNTY SCHOOLS BOARD OF EDUCATION, and the
CHAPEL HILL-CARRBORO CITY SCHOOLS BOARD OF EDUCATION hereinafter referred to
as ("School Districts") pursuant to N.C. Gen. Statute §115C et seq.
WITNESSETH:
WHEREAS, pursuant to N.C.G.S. §115C-521, §115C-249(c), §115C-522(c), and §115C-
524, the building of all new School District facilities and the repairing of all School District facilities
shall be under the control and direction of the School Districts; and
WHEREAS, N.C.G.S. § 153A-158.1 authorizes the County to assume responsibility for
various aspects of the construction, equipping, expanding and improvement of School Districts
facilities; and
WHEREAS, it is the law of the State of North Carolina that certain facilities for a public
education system will be funded by county governments in accordance with specific expenditure
items set forth in N.C.G.S. Chapter 115C; and
WHEREAS, the County and School Districts desire to promote the excellence and viability
of both Districts and to address the ongoing need for acquisition, construction, and renovation of
property to be used for School District purposes and to the greatest extent practical align such
acquisition, construction, and renovation with the principles of the Woolpert School Facility and
Optimization Plan (the "Woolpert Report"); and
WHEREAS, it is the parties desire to continue the collaborative approach for site
acquisition, design, and construction to be completed in a cost-effective manner, within available
funding and, to create School District facilities that maximize instructional opportunities for
students and ensure efficient operations; and
WHEREAS, collaboration between School Districts and County staff benefits the taxpayers
of Orange County by ensuring that projects are timely completed, within budget, and to facilitate
the implementation of an orderly and effective capital improvement plan.
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements
contained herein, the parties hereto agree as follows:
ARTICLE I
PURPOSE
1.01 The purposes of this Agreement are to; 1) continue the existing collaborative, consultative
processes for the acquisition, design, construction, and renovation of School District facilities and
the development and execution of the School Districts capital improvement plan, and 2)provide
for the management and oversight of all construction and renovation projects having a dollar value
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of at least$250,000 ("Project[s]"). The parties recognize that a continuing cooperative working
relationship between the School Districts and the County will promote efficiency, collaboration,
and transparency and completion of projects on time and within budget.
ARTICLE II
TERM AND TERMINATION
2.01 Term. The term of this Agreement shall begin on the date reflected in the first
paragraph of the Agreement and expire June 30, 2033, unless otherwise extended by mutual
agreement of the parties.
2.02 Termination. The parties shall each have the right to terminate this Agreement with or
without cause upon giving sixty (60) days written notice to the other party in writing, including the
reason for termination.
2.03 Effect of Termination. The roles and responsibilities of each party shall terminate sixty
(60) days after notice is given by the withdrawing party unless otherwise agreed by written
consent of the Parties executed with the same formality as the foregoing document. Any
termination under this Section shall not terminate or otherwise affect properly authorized
resolutions entered pursuant to this Agreement, the provisions of N.C.G.S. 153A-158.1 for the
transfer to the County of responsibility for construction, improvement, ownership, and acquisition
of School District property, any ongoing Project, any sales tax recapture agreement entered into
between the parties, or any construction or acquisition agreement entered into between the
parties.
ARTICLE III
JOINT SCHOOL FACILITIES CORE TEAM
3.01 Core Team. The County and the School Districts hereby create the committee known
as the Joint School Facilities Core Team ("Core Team").
3.02 Purpose. The Core Team shall promote regular, informed, and interactive communications
between the County and the School Districts concerning research, investigation, evaluation,
funding, and implementation of the School District's capital improvement plan, without limiting the
statutory rights or duties of either party.
3.03. Membership.The Core Team will consist solely of professional staff of the three Parties.Each Party
shall appoint staff members to the Core Team necessary to efficiently carry out the purposes set
forth in this Agreement. These staff members should represent the County's Budget and Finance
functions, as well as the School Districts Finance and Operations functions. County members
shall be appointed by the County Manager, and School District members shall be appointed by
their respective Superintendents.
3.04 Liaison Desiqnee. From the membership of the Core Team, each party shall designate
representatives to communicate information regarding the implementation of this Agreement to
the party's governing board.
3.05 Collaboration Process. The Core Team will implement the collaboration process through a
series of written documents and work plans that guide their scope of work. These written
documents may include, but not be limited to, defining roles and responsibilities of the Core Team
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membership as well as roles and responsibilities of County and School District staff that support
the purpose of the Core Team. Any written processes or work plans shall be reviewed by Core
Team members at least every two years. The Core Team should meet at least quarterly to review
proposed Projects, and meet more frequently as needed.
3.06 Regular Communication between Boards. The Core Team shall present to the joint
meeting between the boards of each of the Parties at least once annually to discuss School
District needs, including the implementation of this Agreement and the collaboration of the Parties
as set forth herein.
3.07 Adherence to School Construction Planning Policies. Representatives from the School
Districts shall communicate through the Core Team the alignment of new construction with the
School Major Project Planning Addendum as passed by the Board of County Commissioners on
January 21, 2025.
3.08 Regular Communication to the Public. The County will create and manage a website that
tracks project progress and spending. The Districts will provide information to update the website
at least quarterly.
3.09 Recommendations. The Core Team shall make recommendations to the County and
School Districts only as provided herein.
ARTICLE IV
PROJECT DESIGN CONSTRUCTION AND RENOVATION
4.01 The parties will cooperate for the acquisition, construction, design, equipping, financing,
and taking all other action necessary to place in service the Projects. The above recitals are fully
incorporated herein.
(i) The parties mutually intend to engage in the design, construction, and renovation
of the Projects utilizing funds designated for school construction and renovation projects.
(ii) Project selection shall occur as follows:
(a) The School Districts shall propose specific Projects for consideration and shall
submit the proposed Projects, together with a description of how the Projects
fit within the principles established by the Woolpert Report and the expected
design and construction budgets, to the Core Team for review.
(b) The Core Team shall review each proposed Project and the reasoning for
each. Upon completion of the review the Core Team shall submit each
proposed Project to the County Manager together with an opinion of whether
the proposed Project fits within the priorities established by the Woolpert
Report principles and the most appropriate procurement method for each
Project with construction manager at risk being the default procurement
method.
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(c) The County Manager shall present the School District's proposal and the Core
Team's recommendations to the Board of County Commissioners for
consideration.
(d) The Board of County Commissioners shall consider each proposed Project,
the reasoning for each, the expected budget, and make a determination of
whether and how a Project may proceed.
(e) Upon Project approval by the Board of Commissioners the County Manager
shall notify the School Districts of such approval and cooperate with the School
Districts to commence each approved Project.
(iii) The School Districts shall be responsible for Project design and shall contract
directly with the designer to develop all necessary designs, plans, drawings, and
specifications for each Project. Prior to execution of any such design contract the School
Districts shall submit the contract to the County for its review and approval of the terms
and total cost of the design contract. During negotiation of any design contract the School
Districts shall to the greatest extent practical incorporate value engineering and
standardized designs and materials. Any amendment to a design contract that causes the
contract price to exceed the original approved total cost shall be submitted to the County
for approval. Should the County fail to approve such amendment the School Districts shall
re-negotiate such amendment in good faith to secure approval. Project design contracts
will be paid upon completion of design work and will be paid utilizing general obligation
bond funds.
(iv) The School Districts shall secure any and all necessary and required approvals of
the State Board of Education for each Project.
(v) The School Districts shall be responsible for Project construction and shall contract
directly with the contractor. Procurement for all approved Projects shall occur through the
construction manager at risk method unless the County determines another method is
appropriate. Any amendment or change order to a construction contract that causes the
contract price to exceed the original approved total cost shall be submitted to the County
for approval. Should the County fail to approve such amendment or change order the
School Districts shall re-negotiate such amendment in good faith to secure approval.
Project construction contracts will be paid as provided in the construction contract
documents approved by the County and will be paid utilizing general obligation bond
funds.
ARTICLE V
AMENDMENT
5.01 Any amendment to this Agreement to be effective must be in writing, signed by all Parties,
and executed with the same formality and approvals as the foregoing Agreement.
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ARTICLE VI
RELATIONSHIP OF PARTIES
6.01 Orange County, Orange County Schools, and Chapel Hill Carrboro City Schools are
separate legal entities existing in accordance with the laws of the State of North Carolina. Except
as specifically stated in a written agreement between the parties, no party shall be deemed a
partner, agent, or legal representative of the other party, and no party shall have any responsibility
whatsoever with respect to services provided or contractual obligations or liabilities assumed by
the other party hereto, whether accrued, absolute, contingent, or otherwise, or whether due or to
become due. No liability or benefits, such as workers compensation, pension rights or liabilities, or
other provisions or liabilities shall accrue the other party's employees to either party because of
this Agreement. This Agreement is intended to set forth an understanding as to how the parties
shall interact in performing their statutory duties. Except as specifically stated in this Agreement,
nothing herein should be construed in any manner to create a partnership or venture between
the parties. Except as specifically stated herein or in any written agreements between the parties,
nothing in this Agreement is intended to abridge or transfer the County's statutory rights and
responsibilities as defined in N.C.G.S. Chapter 153A et seq or the School Districts' statutory
rights and responsibilities as defined in N.C.G.S. Chapter 115C et seq. or as otherwise set
forth by law. Each party agrees that it will obey all State and Federal statutes, rules and
regulations which are applicable to activities described herein.
ARTICLE VII
MISCELLANEOUS
7.01 Except as provided herein, no party shall assign any portion of this Agreement or the rights
and responsibilities hereunder to another person or entity who is not a party to this Agreement
without the prior written consent of the other party to this Agreement.
7.02 This Agreement is not intended for the benefit of any third party. The rights and obligations
contained herein belong exclusively to the parties hereto and shall not confer any rights or
remedies upon any person or entity other than the parties hereto.
7.03 If any provision of this Agreement shall be determined to be unenforceable by a court of
competent jurisdiction, such determination will not affect any other provision of this Agreement,
and the parties will negotiate in good faith to modify the remaining provisions of the Agreement
to effectuate its purposes, as needed.
7.04 This Agreement may be executed in several counterparts, each of which shall be deemed
an original.
7.05 Any communication provided for in this Agreement must be in writing (not including
facsimile transmission or electronic mail). Any communication will be deemed given on the
delivery date shown on a certified mail receipt, or a delivery receipt (or similar evidence) from a
national commercial package delivery service, if addressed as follows:
If intended for the County:
Orange County
Attn: County Manager
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If intended for the School Districts:
Chapel Hill Carrboro City Schools
Attn: Superintendent
Orange County Schools
Attn: Superintendent
Any addressee may designate a different address for communications by notice given under this
subsection to the other.
7.06 This Agreement is executed as to form only until both parties have fully signed and
executed the same. The effective date of this Agreement shall be the date upon which both parties
have fully signed and executed this Agreement. When the last party fully signs and executes this
Agreement, that party shall add the date of his signature to the very first paragraph of this
Agreement and such date shall become the effective date of the Agreement.
7.07 The parties shall, to the greatest extent possible, fully cooperate to develop and approve
an agreement and means of sales tax recapture. The process for sales tax recapture may be
accomplished in any lawful manner. No Project may proceed until a sales tax recapture
agreement is adopted for the specific Project.
ARTICLE VIII
DEFAULTS REMEDIES COSTS AND PERSONAL LIABILITY
8.01 A party is in default under this Agreement (i) if it fails to observe and perform any covenant,
condition or agreement on its part to be observed or performed for a period of 30 days after notice
specifying the failure and requesting that it be remedied has been given by the other party, or (ii) if
any representation or warranty provided in this Agreement is found to be incorrect or incomplete in
any material respect as of the Effective Date.
8.02 Whenever any default is continuing, the non-defaulting party may take any or all of the
following remedial steps:
(i) At its option, cure the default by paying money or taking any other appropriate
action, in which case the defaulting party must reimburse the non-defaulting party for
all costs and expenses reasonably incurred in curing the default, including legal costs.
(ii) Take whatever action at law or in equity may appear necessary or desirable to
collect the amounts then due and thereafter to become due, or to enforce performance
and observance of any obligation, agreement or covenant of a party under this
Agreement.
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(iii) Where the default is a failure to convey property or enter into the School Lease,
each party is entitled to the remedy of specific performance.
8.03 No remedy conferred or reserved in this Agreement is intended to be exclusive, but instead
is intended to be cumulative. No delay or omission to exercise any right or power accruing upon
any default constitutes a waiver of that right or power. A waiver of any default is limited to the
default so waived and does not waive any other default. If a party incurs legal or other costs and
expenses to collect any payments due under this Agreement, or to enforce the performance or
observance of any obligation or covenant under this Agreement, then to the extent permitted by
law each party promises to reimburse a non-defaulting party for all reasonable legal and other
fees and costs incurred in any successful collection or enforcement action.
8.04 In the event of a dispute between the parties concerning the terms or performance of this
Agreement, the parties will take the following steps prior to commencing any proceeding before
a court or administrative body:
(i) Any party noting a dispute under this Agreement will notify the other party of the
nature of the dispute and the first party's proposed resolution. Within ten days after the
effective date of the notice, the other party must respond in writing as to its view of the
dispute and its position on the proposed resolution.
(ii) After the first step and upon notice from any party, the parties will promptly hold a
meeting attended by representatives with appropriate authority to resolve the dispute. At
this meeting, the parties will attempt in good faith to negotiate a resolution of the dispute.
(iii) If the dispute remains unsettled by negotiation, the parties will engage the services of
a professional mediator agreed upon by the parties. The parties will then attempt in good
faith to resolve the dispute through mediation in accordance with the North Carolina Rules
For Mediated Settlement Conferences and Other Settlement Procedures in Superior Court
Civil Actions. Each party will each pay one-half of the mediator's fees and expenses and
each party will pay all its own legal fees and other expenses related to the mediation. Each
party must be represented at the mediation by a representative with appropriate authority
to resolve the matters in dispute. Only after mediation may a party initiate legal or
administrative proceedings.
8.05 Each party will bear its own costs of the fees and expenses of its counsel, except to the
extent specified herein, and consultants, and of the studies or surveys required under this
Agreement or that it otherwise commissions or obtains for its use under this Agreement or in
relation to any Project. The County may utilize bond revenues to pay for such costs incurred on
its behalf to the fullest extent permitted by law.
8.06 No officer, agent, or employee of the County or the School Districts will be subject to any
personal liability or accountability because of the execution of this Agreement, or any other
documents related to the transactions contemplated by this Agreement. Those officers, agents or
employees will be deemed to execute such documents in their official capacities only, and not in
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their individual capacities. This provision does not relieve any officer, agent or employee from the
performance of any official duty provided by law.
IN WITNESS WHEREOF, ORANGE COUNTY, ORANGE COUNTY SCHOOLS, CHAPEL HILL-
CARRBORO CITY SCHOOLS through their authorized officers and by their own hands have
hereunto set forth their hands and seals of the day and year first above written.
The Chapel Hill Carrboro City Schools Board of Education
By:
Chair
The Orange County Schools Board of Education
By:
Chair
Orange County, North Carolina
By:
Chair
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Orange County Board of Commissioners
Major Project Planning Policy Addendum
Background
The County's ten-year capital plan is a planning document that is updated annually. During
the budget process, the County appropriates the first year of funding, and accepts the ten-
year plan. The County pursued a Bond Referendum in November 2024 as an effort to
replace or renovate older facilities in each district and improve the educational adequacy of
school facilities. Due to the importance of these Major Projects to the districts and the county
at large, the Board has specified additional considerations for design, planning, and location
of Major Projects. These are established in the following policy document.
Design and Planning
The responsibility for design and construction of school facilities lies directly with the two
districts. However, the County has the responsibility for the funding of these facilities.
Therefore, the Districts are responsible to demonstrate how their designed Major Projects
would meet the following County priorities.
• Educationally Adequate
- New facilities should at a minimum meet all current Department of Public
Instruction (DPI) space types and space size standards. These include adequate
spaces for Exceptional Children and for Career and Technical Education.
• Flexibly designed for Future Standards
- Because schools are expected to be in use for long periods of time, and DPI
standards will change in that period, new construction should prioritize flexible
space in design.
• Equitably between School Districts
- As the County is responsible for funding educational opportunities for residents
regardless of public school district, it expects districts to maintain equitability in
scope and construction standards between them. The County can use various
techniques to regulate this equitability, including joint project management, joint
bidding of design and construction, prototype designs, etc.
• Sustainability & Life Cycle Costing
- As part of the County's Climate Action Plan, the County establishes that new
County funded construction should include climate mitigation and sustainability
measures. To properly prioritize these investments, project designs should utilize
life cycle costing techniques, for instance including the long-term savings of solar
installation. However, consideration should be given to the training and
qualifications required for school district operations staff.
• Safety
- New school facilities will meet all modern best practices around creating a safe
school campus, and recommendations from the School Safety Taskforce.
• Community Usage
- School districts should coordinate with municipalities and County recreation staff
to identify and pursue joint community use opportunities.
• Capacity
- District staff will identify how Major Projects would impact the student capacity of
the district. To support a "Newer & Fewer" replacement strategy, school districts
may replace smaller older schools with larger higher capacity schools. The County
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expects the districts to create a long-term plan to use that additional capacity to
consolidate other aging schools.
Site Selection
Per State Statute, a local board of education cannot execute a contract nor expend funds to
purchase a facility site without the consent of the local board of county commissioners. As
each district plans for future school-related facilities, districts must be able to account for the
following County criteria.
• Acreage Standards
- Districts should ensure that the land acquired for a new school site meets all DPI
acreage requirements for the intended school.
• Environmental Factors
- Due to the long usage of school facilities, and the increasing impact of climate
change, districts should strictly avoid all future flood hazards. Facilities should not
be in close proximity to wetlands, stream buffers or in a flood plain. The facility
should also be sited to avoid any unfavorable environmental impacts.
• Availability of Utilities
- The district should account for the utility construction requirements in building new
school facilities. This may require preliminary meetings with County, utility
provider and school staff to determine these costs.
• Total Project Costing
- The districts should provide a reasonable accounting of all additional costs related
to building at the proposed site that would exceed the standard budgets for school
construction. These would include the total costs of all utility installations,
stormwater management and site grading. Districts should prioritize the lowest
total cost in determining future sites, rather than the upfront purchase price.
• Potential for Joint Park Site
- Districts should alert the County of any joint opportunities to purchase land for
park facilities adjacent to school sites.
• Safe Routes to Schools
- District staff should identify the alternative routes to school that would be possible
using alternative modes of transportation for the planned location. If these routes
are not available at the time of purchase, District staff should work with County
and Town staff to identify and overcome barriers to these safe routes over time.
Board of County Commissioner approval for any potential school site acquisition will be
discussed during open session of regular BoCC business meetings. School staff will need
to provide adequate notice to county staff based on the County's agenda process and will
need to provide the following details: cost of the proposed site, location of the site, including
tax map numbers, as well as a memorandum detailing how the proposed locations adheres
to County criteria.
Rescission
This policy supersedes any school planning policy in place prior to this date.
January 21, 2025
- - 13
OR- -A-NGE COUNTY
NORTH CAR(3LINA
Interlocal Agr eement Draft
October 21st, 2025
Board of County Commissioners
PURPOSE OF ILA 14
• Sets agreement for establishment of staff
working group between all three entities .
• Based on Wake County MOU , which was
presented to School Capital Needs Workgroup .
ORANGE COUNTY
NORTH CAROLINA
PROVISIONS OF ILA 15
• Each organization assigns staff to team ,
representing Budget, Finance and Operations
functions
• Team will regularly communicate on the
progress of the Districts' capital plans .
— Staff to meet at least quarterly, with increased
frequency when multiple projects are underway.
• Team will assign roles and workplans to guide
work of Core Team and review every two
years.
ORANGE COUNTY
NORTH CAROLINA
CHANGES FROM 9/25 DRAFT 16
Subsequent to 9/25 meeting , Chair provided
additional feedback to staff, and have updated the
draft ILA to include additional provisions
• Codifies quarterly meeting of Core Team .
• Scope of Core Team specified to include all
projects over $250k.
• Projects to be aligned with the principles of the
Woolpert Report to the greatest extent practical .
• Projects by school districts will be proposed to
Core Team , which will be referred to the Manager,
and the Manager will refer projects the BoCC
ORANGE COUNTY
NORTH CAROLINA
CHANGES FROM 9/25 DRAFT (CONT.) "
• Sets Construction Manager at Risk as default
procurement method .
• School districts to select design firm and
submit plans to BoCC for approval .
Amendments to design contract must also be
approved by BoCC .
• Districts manage school construction . Any
amendments or change orders that go over
original contract cost will require BoCC
approval .
ORANGE COUNTY
NORTH CAROLINA
CHANGES FROM 9/25 DRAFT (CONT.) '$
• Requires completion of Sales Tax recapture
agreements prior to beginning projects.
• Provides for how defaults and penalties are
addressed .
• Specifically assigns County to manage public
information presence. Information to be
provided by districts quarterly and with
increased frequency when multiple projects are
underway.
ORANGE COUNTY
NORTH CAROLINA
NEXT STEPS 19
• Board to use this meeting to discuss or make
recommendations to change draft ILA.
• Receive feedback from School Districts .
• Return to approve ILA at future board meeting .
ORANGE COUNTY
NORTH CAROLINA