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HomeMy WebLinkAbout2008-042 Planning & Clarion Associates amendment to agreement for professional Services 06-24-2008-4ee~~}'F ~i/ ~zaog • NORTH CAROLINA ORANGE COUNTY AGREEMENT FOR PROFESSIONAL SERVICES AMENDMENT THIS AMENDMENT, is made and entered into as of this the day of January, 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 Planning- Staff: • 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. • 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 ~'~ay of June, 2008. • By: _ Craig LLC • 2 ORANGE COUNTY, NORTH CAROLINA: - RETURN THLS COPY TO THE CLERK'S _ OFFICE FOR THE PERMANENT AGENDA FILE • AGREEMENT FOR PROFESSIONAL SERVICES TffiS 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 Contractor). WHEREAS, the Client is undertaking preparation of a Comprehensive Plan; and WHEREAS, 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. Scone 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 aze to commence on the date of execution of this agreement, and shall be undertaken and completed in such . sequence as to insure their completion consistent with the schedule in Exhibit A. The time of performance may be extended by mutual agreement of the parties. Contractor's work will be of a level that is considered professionally acceptable in the planning profession. 3. Method of Payment & Total Proiect Amount. The Client shall compensate Contractor for its services in accordance with the Compensation Schedule set out in Exhibit B. The amounts set forth on Compensation Schedule aze 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 for all services rendered. By mutual agreement, the Client and Consultant may reallocate the budget among project tasks if the total budget amount remains unchanged. 4. General Terms and Conditions. A. Termination of Agreement: The Client shall have the right to terminate this Agreement, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof, which notice shall be given at least 30 days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepazed 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 • 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: Mr. Roger Waldon Clarion Associates 1526 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 parry 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 or omissions. by Contractor in connection with performance of Contractor's obligation under this Agreement. A. Independent 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 purposes. The Contractor, its agents and employees, in the performance of this Agreement, shall act in an independent capacity and not as officers oz employees of Client. 6. Extent of Agreement. This Agreement represents the entire 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 cost 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 • Exhibit A: Scope of Services Task 1: Reconnaissance/Data 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 for synthesizing. B. IDENTIFY GAPS AND DEVELOP DETAILED TABLE OF CONTENTS FOR _ EACH ELEMENT (Maximum of 7 meetings) • 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 Manager(s) 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. • Gaps identified and recommendations to fill. Schedule: Upon contract execution, initiated immediately and completed by end of September 2007 • • Task 3: Formatting/Assembling Comprehensive Plan Contractor. SYNTHESIZE DOCUMENTS • Coordinate with Element Managers to collect any material prepared by county staff to fill identrfied gaps, as directed by the Project Management Team. • Following standardized formatting guidelines (to be developed by Element Managers and approved by the Project Management Team) and the Table of Contents that were compFeted 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. • Provide formatting guidelines. • Provide, in agreed upon format, Sections I-V of the Comprehensive Plan, as described in Attachment 1. Deliverables: • 120 black-and-white copies of Draft Comprehensive Plan based on detailed Tables of Contents developed for each Element and general Table of • . Contents (i.e. Intro., Planning Principles, Admin., and Monitoring) for overall Comprehensive Plan (Attachment 1). An electronic copy shall also be provided on CD. Schedule: Completed by end of February 2008. • • 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 Plan. C. BOCC CONSIDERATION (1-meeting) • Attend the BOCC meeting for the consideration of the Comprehensive Plan Update. County Staff: • All required notification and advertisement. • Follow-up, additional revisions to the Comprehensive Plan as directed by the BOCC following the Public Hearing. • Preparation of materials and presentations related to BOCC action on the Comprehensive Plan following the Public Hearing. Deliverables: • PowerPoint 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 • • Orange County Comprehensive Plan Draft Table of Contents Sections and Subsections I. Introduction Attachment 1 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 • II. Planning Principles (As amended by 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 Non-Polluting Renewable Energy Resources While Promoting Both Air Quality Protection and the Development of an Effective Transportation System D. Natural 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 (To include the general guidelines for county departments and advisory boards to follow 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 B1. Regional Overview/Geography B2. Population B3. Housing B4. Employment anct Economy C. Population Projections (low, med., and high growth scenarios) ~~ Sections and Subsections X. Recreation and Parks 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. Intergovemmental Coordination XI. Services (Utilities) and Community Facilities Element (includes Water, Sewer, Drainage/Aquifer Recharge, Solid Waste, Emergency Management Services, Libraries, and Education) 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 . ' I s Tr ns ortation Im rovement Plans XII. Transportation Element (mc ude a p p , Functional Classification Criteria, Public Transportation, and Bicycle/Pedestrian 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 • 13