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HomeMy Public PortalAboutIn-House Planning and Zoning Services 1-5-15 to 4-3-15 ECOLOGICAL PLANNING GROUP 7 East Congress Street,Suite 801 Savannah,GA 31401 www.ecologicalplanning.net December 10, 2014 Diane Schleicher, City Manager City of Tybee Island 403 Butler Ave PO Box 2749 Tybee Island, GA 31328 Re: Planning & Zoning Services Dear Diane, The purpose of this letter is to present our scope of work to provide in-house Planning and Zoning services for the City of Tybee Island from January 5, 2015 through April 3, 2015. EPG personnel have assisted the City over many years with a variety of planning and zoning projects including the Community Rating System (CRS)Audit assistance, Population Study for Local Option Sales Tax(LOST) negotiations,the 2010 Census Study, and the City's 2008 Masterplan. Through this work, EPG personnel have become very familiar with the issues faced by the City and have developed a productive working relationship with City staff, both of which are essential to successful provision of Planning and Zoning services for Tybee Island. Project Understanding and Approach We understand that the City of Tybee Island needs immediate assistance with implementation of Planning and Zoning services due to the retirement of the current Planning and Zoning Director, and the recent resignation of the long-time administrative assistant in this department. In addition, we also understand that the City Manager will be out of the offices through mid- January leaving a temporary management void in this department. Based on discussions we had with you and your staff on December 9, 2014, we understand that the City wishes to contract with EPG to provide in-house planning and zoning services on an interim basis to ensure that this department continues to operate during your absence and to allow the City sufficient time to determine if they want to (1)move to a formal arrangement with EPG to provide these services, or(2) hire a replacement Planning and Zoning Director. In addition,we understand that the City wishes to provide orientation for EPG staff prior to the official retirement the Planning and Zoning Director on January 2, 2015. Per our discussion, EPG proposes to provide the services in the scope of work below for the time period of January 5, 2015 through April 3, 2015, with a short orientation occurring in December 20141215SpecialCityCouncilPacket Page 2 of 8 Page 2 of 7 Ms. Diane Schleicher 2014. Prior to the conclusion of this initial period, EPG will work with the City to review the scope of services, schedule for in-office hours, rate structure, perceived success, etc. of the privatized planning and zoning services approach. Upon conclusion of the proposed interim time period, should the City desire to continue utilizing EPG to provide privatized planning services, EPG will work with the City to develop an annual contract based on the review of the initial three(3)month period. Scope of Work Task 1: Orientation In order to ensure that EPG staff are knowledgeable regarding on-going permit applications, current projects, and internal procedures, Dianne Otto will provide orientation to EPG staff prior to her departure on January 2, 2015. EPG staff personnel Courtney Reich and Ed DiTommaso will shadow Dianne for two half days (8 total hours) in December at a time mutually convenient for both parties. At this orientation, Dianne will provide instruction or facilitate the following: • Roles of various departments and staff in the planning and zoning process. • Description of all on-going actions including, but not necessarily limited to: permit applications, variances, re-zonings, appeals, and ordinance amendments. • The location of and organizational structure of the planning and zoning files. • The division of labor and responsibilities between EPG staff and the Administrative Assistant for the Planning and Zoning Department. • Instruction in ENCODE module operation for Planning and Zoning. • Procedures for preparing materials and packets for the Planning Commission Meetings and the City Council Meetings. • Any other activities that will be part of EPG's purview under this contract. During this time period, EPG staff will become familiar with the Tybee Island Zoning Map and the Land Development Code and will attend the Planning Commission meeting on December 16, 2014. This will allow for the City to introduce EPG as the interim Planning and Zoning staff and to ensure that EPG is familiar with any actions taken at this meeting which will require follow up in January 2015. Lump Sum Budget: $1,615.00 Task 2: In-House Office Hours for Planning and Zoning EPG will provide one staff person to be assigned to the City of Tybee Island Planning and Zoning Office for 12 hours per week. In-house office hours will include two scheduled 4-hour time periods and one floating 4-hour time period to address meetings and activities that cannot be completed during scheduled office hours. EPG will only assign personnel that have the necessary experience or that are certified planners at a level of Senior Planner or Principal Planner. The final schedule will be established through mutual agreement between Tybee Island and EPG staff, however, it is anticipated that the office hours will be equivalent to Monday from 8 am -noon and Thursday from 1 pm—5 pm with an additional 4-hour floating period set the week prior based on need. During office hours, EPG will perform the following services: 20141215SpecialCityCouncilPacket Page 3 of 8 Page 3 of 7 Ms. Diane Schleicher 20141215SpecialCityCouncilPacket Page 4 of 8 Page 4 of 7 Ms. Diane Schleicher • Coordinate the necessary reviews and approvals to issue the following permits: Accessory Structure, Shed, Carport, or Electrical Irrigation Relocation of Tent Structure Land Disturbing Renovation or Repair Deck or Patio Fence Activity or Buffer Activity of a Structure Mechanical/ Roof Repair or Demolition Fire Suppression, Heating and Air Replacement(Wind Commercial Hood Conditioning rated) Dock Fire Alarm or Fire New Construction Sewer Stub Sprinkler Driveway InfrastrucCtu� e, Street Plumbing Shallow Well Sign Tree Removal or Tree Removal or Water Tap Relocation Relocation Swimming Pool, Spa Water Tap or Hot Tub • Coordinate the review and necessary approvals for the following Zoning Actions: Site Plan Approval Subdivision or Text Amendment Recombination of Property Special Review Map Amendment Zoning Variance • Prepare necessary materials for City Council and Planning Commission packets. • Coordinate with City staff to ensure that all public hearings are properly advertised, adjacent property owners or notified and the signs are in place at the site. • Perform GIS services including: producing maps, updating GIS databases, etc. upon request of staff • Work with the Building Official and Administrative Assistant to ensure that necessary permitting and zoning activities are being implemented and filed/recorded appropriately. Lump Sum Budget: $1,020 per week. The City will also provide two annual parking passes to allow for EPG staff to park during office hours. Task 3: Meeting Attendance and/or Facilitation EPG understands that our planning staff will be expected to attend City Council meetings and facilitate the Planning Commission meetings that are scheduled during the three-month time period of this initial contract. EPG staff will be prepared to present, discuss and answer questions on ongoing Planning and Zoning business at these meetings as outlined in the Agenda. This task will be priced on a per-meeting basis to allow the City to request or eliminate EPG's required attendance at official City meetings (or as an official City representative) as needed. Lump Sum Budget: $300 per meeting 20141215SpecialCityCouncilPacket Page 5 of 8 Page 5 of 7 Ms. Diane Schleicher Task 4: Out of Scope Services Should any of the following requests be made by the City of Tybee Island, it shall constitute out- of-scope work and shall be performed at the hourly rates included in the Terms & Conditions attached to this proposal. • Workload requested by the City exceeds the 12 hours per week allocated by Task 2. • The City requests that EPG staff be present for"office hours" outside of the three half- days (12 hours) scheduled by this contract. • The City requests services not described above. Schedule Task 1 will be completed by January 2, 2015 and Tasks 2—4 will be implemented during the time period of January 5, 2015 through April 3, 2015. Closing We appreciate your confidence in EPG, and we look forward to working with the City to ensure the seamless delivery of Planning and Zoning services. Please contact the undersigned should you have any questions, or if you need additional information. Sincerely, Ecological Planning Group /i/ ( Igati)661//61 Courtney Reich, AICP Principal and Owner AUTHORIZATION EPG proposes to implement the scope of work outlined herein in accordance with the terms and conditions included in Attachment A. As our authorization, please sign in the space provided below. City of Ty land, Georgia 0 By: ason Buelterman, Mayor 20141215SpecialCityCouncilPacket Page 6 of 8 Page 6 of 7 Ms. Diane Schleicher ATTACHMENT A: TERMS AND CONDITIONS Ecological Planning Group. (hereinafter EPG, "we", "us", "our", "Consultant")agrees to provide Client(City of Tybee Island), for Client's sole and exclusive use, services as set forth in Ecological Planning Group' proposal subject to the Terms and Conditions set out herein and agreed to hereby. No third party beneficiaries are made or intended by either Party to this Agreement. 1.) PAYMENT TERMS. Client agrees to pay EPG' invoice upon receipt. If payment is not received within 30 days of Client's receipt,a service charge shall apply in the amount of the greater of(i) 1%per month or(ii)the allowable legal rate, including attorney's fees and expenses. EPG may (in its sole judgment and without any liability) suspend services until paid where payment outstanding more than 30 days after the date of EPG' invoice. 2.) TERMINATION OF CONTRACT.Either party may terminate this Agreement without cause upon 30 days prior written notice. In the event of termination, the Client shall pay EPG for all services rendered to the date of termination and all reimbursable expenses. 3.) INSURANCE. EPG maintains insurance coverage as follows:Worker's Compensation Insurance;Employer's Liability Insurance;Commercial General Liability Insurance;Errors&Omissions. 4.) LIMITS OF LIABILITY.In recognition of the relative risks,rewards and benefits of the project to both the Client and EPG,the risks have been allocated such that EPG and the Client agree that,to the fullest extent permitted by law,and notwithstanding any other provision of this Agreement,the total liability,in the aggregate,of EPG and EPG's officers,directors,employees,agents and EPG's consultants,and any of them,to the Client and anyone claiming by,through or under Client,for any and all claims,losses,costs or damages whatsoever arising out of resulting from or in any way related to the Agreement from any cause or causes,including but not limited to the negligence,professional errors or omissions,strict liability or breach of contract or warranty express or implied of EPG or EPG's officers,directors,employees,agents or EPG's consultants or any of them,shall not exceed limits of professional errors and omissions liability insurance. 5.) SITE OPERATIONS. Client will provide right-of-entry to the property for EPG so EPG can provide the agreed services.Client represents that it possesses necessary permits and licenses required for activities at the site.EPG will take reasonable precautions to minimize damage to the property caused by EPG'operations.Unless otherwise stated in EPG' proposal,our charges do not include cost of restoration due to any related damage which may result. 6.) FIELD REPRESENTATIVE. The presence of EPG'or its subcontractor's field personnel,either full-time or part-time, are for the purpose of providing the agreed to services. Client agrees to inform all contractors at the site not hired by EPG that:(i)EPG'services do not include supervision or direction of the work of the contractor(s),its employees or agents, and (ii) the presence of EPG' field representative will not relieve the contractor of its responsibilities for performing the work in accordance with the plans and specifications.It is agreed that EPG is not responsible for job or site safety or security on the project,other than for EPG' employees and subcontractors,furthermore EPG does not have the duty or right to stop the work of non-EPG contractors. 7.) DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS. Hazardous materials may exist where there is no reason to believe they could or should be present. The client acknowledges that EPGs's scope of services for this project does not include any services related to hazardous wastes. EPG and the Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. EPG and the Client also agree that the discovery of unanticipated hazardous materials may make it necessary for EPG to take immediate measures to protect human health and safety, and/or the environment. EPG agrees to notify the Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The Client encourages EPG to take any and all measures that in EPG professional opinion are justified to preserve and protect the health and safety of EPG personnel and the public,and/or the environment,and the Client agrees to compensate EPG for the additional cost of such work. 8.) CLIENT DISCLOSURE. Client agrees(on an ongoing basis)to advise EPG of any hazardous substance or any condition,known or that reasonably should be known by Client,existing in,on,or near the site that presents a potential danger to human health, the environment, or EPG' equipment EPG does not assume control of the site or undertake responsibility for reporting to any federal, state or local public agencies any conditions at the site that may present a potential danger to public health,safety or the environment or that may otherwise be required by applicable law,rule or regulation,all of which is the Client's responsibility. 20141215SpecialCityCouncilPacket Page 7 of 8 Page 7 of 7 Ms. Diane Schleicher 9.) INDEMNIFICATION AND HOLD HARMLESS.EPG shall indemnify and hold harmless Client and all of Client's personnel from and against any claims,damages,losses and expenses(including attorney's fees)arising out of or resulting from the performance of the services,provided that any such claim,damage,loss or expense is caused by the negligent act,omission,and/or strict liability of EPG,anyone directly employed by EPG,or anyone for whose acts EPG may be liable. 10.) OPINIONS OF COST. If requested EPG will use its professional efforts to provide opinions or estimates of costs based on reasonably available data,EPG'designs or EPG'recommendations. However,such opinions are intended primarily to provide information on the order of magnitude of such costs, not for use in firm budgeting or negotiation unless specifically agreed otherwise, in writing with EPG. Client agrees actual costs of such work depend heavily on regional economics,local construction practices,material availability,site conditions,weather conditions,contractor skills, and many other factors beyond EPG'control. 11.) GOVERNING LAW/HARMONY/FEES. This Agreement shall be governed by the laws of the State of Georgia.The provisions of this Agreement control over any form writings,such as Purchase Orders. EPG'Fee Schedule follows,and is hereby incorporated herein by reference thereto. The Parties agree that the fee schedule attached shall be automatically adjusted to the most current fee schedule promulgated by EPG,effective the date of such promulgation. 12.) ADDITIONAL SERVICES.Additional services include increase or change in scope of project,major revisions when such revisions are inconsistent with written approvals or instructions previously given,services after award of contract in evaluation of substitutions proposed by the client,and other services that are not included under the scope of work;provided,however,that additional services shall not be classified as reimbursable expenses and will be billed at EPG's 2013 Billing Rates as shown below. EPG will only perform additional services when authorized in writing by the Owner. Position Rate Principal Planner/AICP $125/hour Senior Planner/AICP $95/hour Senior Planner $75/hour 20141215SpecialCityCouncilPacket Page 8 of 8