Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2017-134 Contract - Fregonese Associates
Contract for Personal Services C 1 T Y O F CONSULTANT: Fregonese Associates, Inc. ~,SH LAN D CONTACT. Scott Fregonese 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1525 SW Park, Suite 200, Portland, OR, 97201 Telephone: 5411488-6002 Fax: 5411488-5311 TELEPHONE: (503) 228-3054 DATE AGREEMENT PREPARED: 4126117 EMAIL: scott@frego.com BEGINNING DATE: 4126117 COMPLETION DATE: 12/29/17 COMPENSATION: $38,320.00 SERVICES TO BE PROVIDED: Professional planning and urban design services to develop a package of land use strategies and incentives to implement the findings of the previous development feasibility analysis and create incentives for business and housing development in the Ashland Transit Triangle. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said rims Cit of Ashland Contract. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings 1 Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $20,283.20 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract . Consultant shall not be held res onsible for an losses, ex enses, claims, subro ations, Contract for Personal Services, Page 1 of 5 actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to beheld by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by . the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subjectemployerthatwill complywith ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $250,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. c. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. Automobile Liabilit insurance with a combined sin le limit, or the a uivalent, of not less than Enter one: Contract for Personal Services, Page 2 of 5 Y ~ 00 000 $500,ooa, $1,OOO,a00, or Nat Applicable far each accident far Bodily Injury and Property Damage, $1 ~ as applicable. including coverage for owned, hired ornon-owned vehicles, reduction pf limits or e. Notice of cancellation or chance. There shall be no cancellation, mate Consultant or its insurer(s) to intent not to renew the insurance coverages) without 30 days written natlce fro the City. and its f, ddi Tonal InsuredlCertificates of Insurance, Consultant shall name The City of Ashland, OrPe ofessional elected officials, officers and employees as Additional Insureds on any insurance poliC~es; excNd►eng to ~ rovided liability and Workers' Compensation, required herein, but only with respect to Consultant s se p under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the in ~utroanre coverages required by this Contract, the Consultant shall furnish acceptable insurance cert~f'tcates pno ammencin work under this contract, The certificate will specify all of the parties who are Additional Insureds. c g Insurin companies or entities are subject to the City's acceptance. If requested, complete copes of i ns bl ail 9 policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially respo pertinent deductibles, self-insured retentions and~or self-insurance. 15. Gavernin Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the lawor 9 action suet of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines, Any clam, , roceedin collectively, "the claim") between the City (andlor any other or department of the State of Oregon) and in p 9( the Consultant that arises from or relates to this contract sha11 be brought and conducted solely and exclusively with the Circuit Court of Jackson County for the State of Oregon, If, however, the claim must be brought m a fedet tie forum, then it shall be brought and conducted solely and exclusively within the United States District Court fo District of Oregon filed in Jackson County, Oregon, Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be trued as a waiver b Cit of an farm of defense or immunity, based on the Eleventh Amendment to the United cons Y Y Y States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN T HALL PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT S BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, lF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HElSHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17, NonappropriationsCIause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, ar other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. (n the event City has insuffic(ent appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery o ritten notice to Consultant, with na further liability to Consultant. Certification. Consultant shall si n the certification attached here as E ' ' and herein incor orated b reference. onsultant: City of A n~ By Si atur Department Head 6~ F~ ItI~S ~ e~ ~1~2.. Print Name Print Name 'p~S! C~~N7_ r r ZC ~ Title ate W9 one copy of a W-9 is to be submitted with ~7 the signed contract. Purchase Order No. ~'1~~~5 TO i~~~M I ; As lid A . C' ~ f~#tomey ~dt ~ 1,, ~ , Contract for Personal Services, Page 3 of 5 Scanned by CamScanner '4. NS: Contractor, under penalty of penury, certifies that (a) the CERTIFICATI4NSIREPRESENTATIO n the attached W-9 form is its correct taxpayer !D (or is waiting for the number to be number shown o ' nd b Contractor is not subject to backup withholding because ~i} it is exempt from issued to It a ( ~ ku withholdin or ii it has not been notified by the Internal Revenue Service SIRS} that it is bac p 9 a IRS subject to backu withho{ding as a result of a failure to report all interest or dividends, or {iii} th J P notified it that it is no ton er subject to backup withholding, Contractor further represents and has i 9 warrants to Ci that a it has the power and authority to enter into and perform the work, fib) the ty { } Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c}the work under the Contract shall be performed in accordance with the highest professional standards, and (d} Contractor is qualified, professionally com etent and duly licensed to perform the work. Contractor also certifies under penalty of perjury p that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1} I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. ~2} Commercial advertising or business cards or a trade association membership are purchased for the business. ~3} Telephone listing is used for the business separate from the personal residence listing. ~4) Labor or services are performed only pursuant to written contracts. (5} Labor or services are performed for two or mare different persons within a period of one year. ~6} I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Co ractor Date} Contract for Personal Services, Page 4 of 5 Scanned by CamScanner ~ ~ ► 1 ~ ~ EXHIBIT B ~ o s an . , , . ' - per hour effective June 30, 2016 (Increases annually every June 30 by the Consumer Price Index) - , , ~ portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten ormore employees, and childcare) benefits to the has received financial amount of wages received by assistance forthe projector the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,283.20. include temporary orpart-time Ashland if the contract employees hired for less than exceeds $20,283.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020, working on a project or of health care, retirement, .Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF SHLAND Contract for Personal Services, Page 5 of 5 A~~ ® DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 5/a/2o17 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Ronni Phillips Elliott Powell Baden and Baker Inc. PHONE (503)227-1771 FAX (503)274-7644 AIC o Ext : AIC No ; 1521 S.W. Salmon Street E-MAIL hilli s@e bb.com ADDRESS: ~ p p INSURERS AFFORDING COVERAGE NAIC # Portland OR 97205-1783 INSURERA:Sentinel Insurance Co LTD 11000 INSURED INSURER B :SAIF CO oration 52412 Fregonese & Associates, Inc INSURERC Westchester Fire Insurance _ 1525 SW Park Ave . INSURER D INSURER E Portland OR 97201 INSURER F COVERAGES CERTIFICATE NUMBER:17-18 GL AU WC & E&0 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MMIDDlYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 DAMAGE TO RENTED 1, 000 , 000 A CLAIMS-MADE ~ OCCUR PREMISES Ea occurrence $ X 525BAPW4493 3/1/2017 3/1/2018 MED EXP (Any one person) $ 10 , 000 PERSONAL & ADV INJURY $ 1, 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 , 000 , 000 X POLICY ❑ PRO- ❑ LOC PRODUCTS - COMPIOP AGG $ 2 , 000 , 000 JECT OTHER: Employment Practices Liability $ 10, 000 AUTOMOBILE LIABILITY E~ aBcideDtSINGLE LIMIT $ 1, 000 , 000 ANY AUTO BODILY INJURY (Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS 52SBAPW4493 3/1/2017 3/1/2018 BODILY INJURY (Per accident) $ X X NON-OWNED Pea cdentDAMAGE $ HIRED AUTOS AUTOS X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1 000 000 A EXCESS LIAR CLAIMS-MADE AGGREGATE $ 1 , 000 000 DED X RETENTION$ 10 000 52S13APW4493 3/1/2017 3/1/2018 $ WORKERS COMPENSATfON X PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER YIN ANY PROPRIETORIPARTNER/EXECUTIVE ❑ N I A E.L. EACH ACCIDENT $ 1 , 000 , 000 OFFICER/MEMBER EXCLUDED? 900667 3/1/2017 3/1/2018 E.L. DISEASE - EA EMPLOYE $ 1, 000 , 000 B (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1 000 000 C Professional Liability 627571256 3/27/2017 3/27/2018 2,000,000 $5000 SIR DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The certificate holder is included as an additional insured as respects the operation of the named insured per attached SS0008 04/05. CERTIFICATE HOLDER CANCELLATION april.lucas@ashland.or.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 51 Winburn Way Ashland, OR 97520 AUTHORIZED REPRESENTATIVE Ronni Phillips/CB ~r-n~~~~~~`~~~'~~ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS~25 0014(111 COMMENTSIREMARKS City of Ashland, Oregon, and its elected officials, officers and employees are named as additional insureds. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. BUSINESS LIABILITY COVERAGE FDRM {b~ Rented ta; in the care, custody or b. Coverage under this provision does not antral of: or over which physical apply to control is being e~€ercised for any {1} "Bodily injury" or "property damage" purpose by you; any of your that occurred; or "employees", "Volunteer Workers°, any partner ar member cif you are {2} "Personal and advertising injury" a partnership or joint venture}, ar arising out of an offense carr~rnitted any member fif you are a limited before ydu acquired ar formed the liability company}, organization, b. Real Estate Manager 4. Operator Of Mobile Equipment Any person father than your "employee" ar 1~Jith respect to "mobile equipment" registered in "volunteer worker"}, ar any organization your Warne under any motor vehicle registration while acting as your real estate manager, law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property perrnissic~n, Any other person ar organization responsible far the conduct of such person is Any person ar organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die; but only; only if no other insurance of any kind is available {1} With respect to liability arising out of the to that person or organization far this liability. maintenance ar use of that property; and However, no person car organization is an insured {2} until your legal representative has Wfth respectta: been appointed, a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property awned by, only with respect to duties as such. That rented try, in the charge cif or occupied by representative will have all your rights and you ar the employer of any person who is duties under this insurance, an insured underthis provision, e. Unnamed Subsidiary ~peratar of Nanowned Watercraft Any subsidiary and subsidiary thereof; of With respect to watercraft you do not awn that yours Which is a legally incorporated entity is less than 51 feet long and Is not being used of which you own a financial interest of to carry persons for a charge; any person is an more than 50°ra of the voting stock on the insured while operating such Watercraft with effective date of this Coverage Part, your permission ~ Any ether person or organization responsible for the conduct of The insurance afforded herein far any such person is also an insured, bui only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an person or organization far this liability. insured under another policy or Would be an insured under such policy but for its However, na person ar organization is an termination or upon the exhaustion of its insured with respect to. limits cif insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Farmed Organization person operating the watercraft; ar Any organization you newly acquire or farm, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to; in the charge of or occupied by lir~nited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 5g°`Q of an insured under this provision, the voting stack; will qualify as a Named Additional Insureds when Required By Insured if there is na other similar insurance written Bantract, Written Agreement Cr available to that organization, Hov~~ever~ Permit a. Coverage under this provision is afforded The persons} or organizatlan~s} identified in only until the 1 ~gth day after you acquire Paragraphs a. through f. below are additional or form the organization ar the end of the insureds when you have agreed: in a written policy period, whichever is earlier; and Form SS 44 4~ 44 45 Page 11 of 24 BUSIN ESS LIABILITY COVERAGE FORM cantract, written agreement ar because of a fie} Any failure to make such perr77it issued by a state or political inspections, adjustr~ents; tests ar subdivision, that such person ar arganizatian servicing as the vendor has be added as an additional insured on your agreed to make or normally policy; pra~ided the injury ar damage occurs undertakes to make in the usual subsequent to the execution of the contract ar course Qf business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person ar arganizatian is an additional products: insured under this provision only for that ~ Qemanstratian, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed at the vendor's prerr~ises in However, na such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued Prad~_acts which, after distribution by us and made a part of this Coverage Part, ar sale by you, have been labeled including all persons or organizations added ar relabeled ar used as a as additional insureds under the specific container, part ar ingredient of any additional insured coverage grants in Section other thing or substance by or for F. -Optional Additional Insured Coverages, the vendor; or a. Vendors ~t~} "Eodily injury" or "propert~r damage" arising out Qf the sole Any persan(s~ or organizatian~s} (referred to negligence of the vendor far its below as vendor}; but only with respect to own acts or omissions ar those of "bodily injury" or "property damage" arising its employees ar anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular r~aurse of the vendors exclusion does not apply io. business and only if this Coverage (Part ~i~ The exceptions contained in provides coverage) far bodily injury or property da~r~age included within the Subparagraphs {d} ar ~f~: or "products-completed operations hazard", iii) Such inspections, adjustments, ~1} The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make ar normally exclusir~ns; undertakes to make in the usual course of business, in This insurance does not apply to: connection ti~~ith the distribution ~a} "Bodily injury" or "property or sale ofthe products, damage" for which the vendor is This insurance does not apply t~ any obligated to pay damages by insured person ar organization from reasr~n of the assumption of whom you have acquired such products, liability in a cantract or agreement, ar ar~y ingredient, part or container, This exclusion does not apply to entering ir~o, accompanying ar liability for damages that the containing such products. vendor would have in the absence ofthe contract ar agreement; Lessors Of E~uiprnent Any express warranty ~1} Any person ar organization from unauthorized by you; whom you lease equiprr~ent; but only c An h sisal ar chemical change with respect to their liability for'Ibodily ~ ~ y p y iniury , property damage ar in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole car in part: by ynur ~d} Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipme~i leased to you by such inspection, demonstration, testing, persr~n ar arganizatian, or the substitution of parts under instructions from tf-~e rr~anuf~acturer, and then repackaged in the original container; Pale 12 of ~4 Form SS 40 ~8 0~ ~ BUSIhIESS LIABILIT'`f COVERAGE FORM {2} With respect to the insurance afforded e. Permits Issued By State Or Political to these additianal insureds, this Subdivisions insurance does nr~t apply to any {1} Any state or political subdi~~isian, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment, performed by you or on your behalf far c. Lessors Of Land Or Premises tivhich the state ar political subdivision {1) Any person or organization from has issued a permit. whom you lease land or premises, but {2} With respecl to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, rr7aintenance or use insurance does not applyto, of that park of the land ar premises {a} "Bodily injury", "prr~perty damage" leased to you, ar "personal and advertising {2} With respect to the insurance afforded injury" arising nut of operations to these additianal insureds, this performed for the state or insurance does not apply to: municipality; or {a) Any "occurrence" which takes {b) "Bodily injury" or "property dar~age° place after you cease to lease that included within the praducts- land or be a tenant in that completed operations hazard", premises; ar f. Any Other Party {b) Structural alterations, new {1) Any other person or organization who construction or demolition is not an insured under Paragraphs operations performed by ar on through e, above, but only with behalf of such person ar respect to liability for "bodily injury"; organization. "property damage" Qr "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whale ar {1} Any architect, engineer, ar surveyor, but in part, by your acts ar omissions ar only w~h respect to liability far "bodily the acts or omissions of those acting injury" "properly damage" or "personal an your behalf. and advertising injury" caused, in whale {a} In the performance of your or in part; by your acts or omissions or ongoing operations; the acts ar or7~issians of those actirxg on {b~} In connection wilh your premises your behalf; awned by Qr rented to you; ar ~a} In connection with your premises; {G} In connection with "your work" and ar included within the "products- {b) In the performance of your completed operations hazard", but ongoing operations performed by only if you ar on your behalf, rji} The written contract ar written {2} With respect to the insurance afforded agreement requires you to to these additianal insureds, the provide such coverage td fallowing additianal exclusion applies: such additianal insured; and This insurance does not apply to {ii} This Coverage Part provides "bodily injury", "property damage" ar coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure tc~ render any professional cor77pleted operations hazard" services by or for you, including; With respect to the insurance afforded {a} The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurancE dais not apply ta: maps, shop dra~~+~ings, opinions, "Bodily injury" "property damage" ar reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering af, ar the drawings and specifications; ar failure to render, any prc~fesslonal {b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: a~tIVIt12S, Farm SS 0~ 4~ 04 ~5 Page 13 of 24 BUSIN ESS LIABILITY COVERAGE FORM ~a} The preparing, approving, ar This General Aggregate limit does not failure to prepare r~r approve, apply to "property dar~age" to prerr7ises maps, shop drawings, Opinions, while rented to ynu nr temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire; lightning or drawings and specifications; ar explosion, ~b~ Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to ~.a. or 2.b above, whichever activities, applies, the moss we will pay for the sum of all The 1ir77its of insurance that apply to additional dar7~ages because of all "bodily injury", insureds are described in Section D, -Limits "property damage" and medical expenses Of Insurance, arising out of any one "occurrence" is the Haw this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the tither Insurance Condition The most we will pay for all medical expenses in Section E. -Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations, respect to the conduct of any current or past 4. Personal At~d Advertising Injury Limit partnership, joint venture or limited liability Subject to ~.h. above, the r~cst we will pay far company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by Q, LIABILITY AND MEDIAL EXPENSES any one person or organization is the Personal LIMITS aF INSURANCE and Advertising Injury Limit Shawn in the Declarations, 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance Shawn in the Declarations and the rules below fix the most The Damage Ta Premises Rented To You we will pay regardless of the number of. Limit is the most we will pay under Business Liability Coverage far damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you: or in the case of damage by fire, c. Persons ar organizations making claims or lightning or explosion, while rented to you or bringing "suits", temporarily occupied by you with permission of Aggregate Limits the owner, The most we will pay far; In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, ,,+lhether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed operations ar any combination of these. Aggregate Limn shaven in the How Limits Apply To Additional Insureds Declarations. b. Damages because of all other "bodily The most we will pay on behalf of a person or „ organization who is an additional insured injury , property damage or personal and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or perrnii issued by a state or political This General Aggregate emit applies separately to each of your "locations" subdivision; ar owned by ar rented t4 you, b. The Limits of Insurance thav~+n in the "L~acation" means premises involving the Declarations, same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Li~r~its of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad, Page 14 of 24 Form SS ~0 04 ~ BUSIhIESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to lie have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws t~. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your fir~anclal responsibility IaUr, the insurance business at the inception dale of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part car-nply with the provisions of the law to b?cause of su~:h failure, the extent of the coverage and limits of Other Insurance insurance required by that law. If other valid and collectible insurance is b. With respect tQ "mobile equipment" to available for a loss vie rover under this which this insuranc? applies, eve will Coverage Part, our c~bligatir~ns are limited as provide any liability, uninsured motorists, follows: underinsured motorists, na-fault or other coverage required by any motor vehicle a. Primary Insurance law. 11'~e will provide the required limits for This insurance is primary except when b. thane coverages. below applies. If other insuranr~e is also 4. Legal Action Against Us primary, we will share v~►ith all that other No person or organization has a right under insurance by the method described in c. this Coverage Form; below a. To join us as a party ar otherwise bring us b• Excess Insurance into a "suit" asking far damages from an This insurance is excess aver any of the insured; or other insurance, whether primary, excess, b. Ta sue us on this Coverage Farm unless contingent or on any other basis; all of its terms have been fully complied ~1~ Your Work With, That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or an an agreed settlement ar on a final judgment similar coverage for "your work"; against an insured; but we WIII not be Il.~ble far Prern ices Rented Ta You damages that are not payable under the terms of this insurance or that are in excess of the That is fire; lightning ar explosion applicable lirr~it of insurance. An agreed insurance fcr premises rented to you settlement means a settlement and release of ar temporarily occupied by you with liability signed by us, the insured and the permission of the owner: clair7~ant or the clair~arYt's legal represen~tive, Tenant Liability Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, and any rights or duties specifically assigned property darr~age to prei~ises rented in this policy to the first Named Insured, this to you ar ~empararily occ~_apied by you insurance applies: with permission ofthe owner, a. As if each Named Insured ware the only Aircraft, Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. separately to each insured againsl Wham ar use of aircraft; "autos" ar watercraft to a claim is made or "suit" is brought. the extent not subject to Exclusion g. of Section A. - Coverages, G. Representations ~S~ Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators ~y accepting this policy, you agree; If the lass arises out of "propert~r ~1~ The staterr~ents in the Declaralians damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not ~2~ Those statements a.re based upon subject to Exclusion k. of Section A. - representations you made to us; and Coverages, Page 16 of ~4 Form SS 0~ ~8 04 05 BUSINESS LIABILITY COVERAGE FORM (fi} When You Are Added As An 1~1hen this insurance is excess aver other Additional Insured To Other insurance; we will pay only our share of Insurance the amaunt Qf the Ir~ss, if any, that That is other insurance available to exceeds the sum of. you covering liability far damages {1} The total amaunt that all such other arising out of the premises ar insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, far which you have been {2~ The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance: or insurance, {7} When You Add Others As An 1Ne will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additionallnsured, ~rnits of Insurance shown in the However, the following provisions declarations afthis Coverage Part. apply tc~ other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional Insured under this Coverage contribution by equal shares; we will follow Part; this method also, under this approach, {a} Primary Insuran+~e When each insurer contributes equal amounts Required gy Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss rer~ains~ have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary, If other contribution by equal shares, we will insurance is also primary; we will contribute by limits, Underthis method, each share with all that other insurance insurer's share is based on the ratio cif its by the method described in c, applicable limit of insurance to the total below, applicable limits of insurance of all insurers, {b~ primary And Non-Oontributory Transfer 01 Rights Oi Recovery Against ToOther Insurance When Others To Us Required gy Oontract a. Transfer ~Jf Rights of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the add~ional insured's own transferred to us. The insured must do insurance; this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insure~~ will bring "suit" or contribution frarr~ that ether transfer those rights to us and help us insurance, enforce them. This condition does not Paragraphs (a} and (b} da not apply to apply to ~rledical Expenses Coverage. Qther insurance tc~ which the additional b, V~aiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation} additional Insured. If the insured has waived any rights of ~JUhen this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization f~~r all car part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this average Part, we ins~_~red against that "suit". If no other also wai~~e that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the irisured's such person ar organization in a contract, rights against all these ether insurers, agreement ar permit that was executed prior to the injury ar Jamage. Farm SS oo ~ 04 05 page 17 of 24 Ashland TransitTrian le - g Im lementation Strate gY p Task 1: Confirm Public Involvement Strategy Discuss citizen involvement approach with the Planning Commission and make adjustments as necessary. Deliverable: • Planning Commission packet and meeting minutes (City) Task 2: Model Refinements Refine model to address previously raised comments from the Developers forum and City staff about revenue and cost assumptions for the building prototypes. Review average costs and determine if updates needed. Conduct brief phone interviews with local developers and brokers to better understand any changes in market or prices. • Schedule conference call to review model changes with City staff (FA) Deliverable: • Call meeting notes (FA) • Updated building prototype models (FA) Task 3: Draft Zoning Amendments for the Transit Triangle The Consultant will work with City of Ashland staff to develop a revised zoning language for the C1, E-1, R-2 and R-3 zones. Fregonese Associates will develop draft zoning language, graphics and an explanatory document. The team will also update the zoning map. The proposed amendments may include: • Develop a Zoning Overlay for the C1 and E-1 that lift the density cap, and implement other small changes in the zoning changes. • Evaluate changes for the R-2 and R-3 zones when property fronts one of the Triangle arterials. • Develop improved Site Design Standards for this area and for the new zoning standards. • Clean up and consolidation of all the previous overlays. • Develop Recommendations for an accelerated street frontage improvement strategy of the existing adopted plans. • Develop inclusionary zoning strategy to comply with the new state law. • Investigate other incentives and regulations that will encourage affordable units. 1 Deliverable: • Updated language, graphics and explanatory document for site design standards in the Transit Triangle. We will use the current code format, which has the site design standards incorporated in the land use ordinance. o FA will produce draft materials; city staff will review and provide comments. • PowerPoint presentation explaining and illustrating the updates (FA) • Two photorealistic visualizations demonstrating the effect of the zoning modifications and street frontage improvements (FA) Task 4: Preparation for Study Session City staff will schedule study sessions with the Planning Commission and FA will prepare meeting materials. • Schedule PC study sessions (City staff) • Prepare PC packet including project background, goals for Implementation Strategy (FA -City staff) Deliverable: • Packet Materials and PowerPoint (FA -City staff) • Develop list of implementation goals that the zoning changes will accomplish (FA) Task 5: Study Session -Intro to recommended zoning changes City staff, with assistance from FA will hold study sessions with the Planning Commission to revisit original project and purpose, present preliminary changes to the C1, E-1, R-2 and R-3 zones. Deliverables: • PowerPoint for the meeting (FA) • Draft changes to the C1, E-1, R-2 and R-3 zones memo (FA -City staff) • Attend and participate in one meeting/Planning Commission study session (FA) Task 6: Preparation for Council Briefing City staff will schedule Council briefing and FA will prepare meeting materials. • Schedule Council briefing (City staff) • Prepare Council packet including project background, goals for Implementation Strategy and preliminary changes to the C1, E-1, R-2 and R-3 zones. This packet will be refined based on input from the Planning Commission (FA -City staff) 2 Deliverable: • Packet Materials and PowerPoint (FA -City staff) • Develop list of implementation goals that the zoning changes will accomplish (FA) Task 7: Council Briefing City staff, with assistance from FA will update the City Council on the project with condensed version of the PC study session. Deliverables: • PowerPoint for the meeting (FA) • Draft changes to the C1, E-1, R-2 and R-3 zones memo (FA -City staff) • Attend and participate in one meeting/City Council meeting (FA) Task 8: Public Open House & Stakeholder Meeting (Preparation and Events} Hold open house and a stakeholder meeting to present and obtain input on potential zoning changes in the Transit Triangle; obtain input on potential strategies and create preferred action plan for implementing the zoning amendments. • Prepare graphic presentation that captures the residents' and stakeholders' consensus about the future of the Transit Triangle base on the previous project work; • Describe the future of the Transit Triangle area in both words and images; • Clearly depict what the future could look like if recommended zoning changes and other implementation measures are adopted; • Depict the potential buildout of the area in an area-wide design of infill/probable redevelopment sites; and • Use illustrations/visualizations and character imagery to support recommended changes to zoning Deliverables: • Promote and invite residents/stakeholders to the Open House (City staff) • Secure venue and equipment necessary for the event (City staff) • Meeting Materials and PowerPoint (FA) • Attend and participate in two meetings including open house and stakeholder meetings (FA) • Meetings summary memo including identification of issues and concerns (FA) 3 Task 9: Planning Commission and Council Adoption City staff, with assistance from FA will prepare materials for Planning Commission and City Council and attend the Planning Commission and City Council public hearings. • Schedule and hold meeting or conference call to prep for council meeting (FA -City staff) Deliverable: • Prepare public hearing packet including project background, goals for Implementation Strategy and preliminary changes to the C1, E-1, R-2 and R-3 zones. This packet will be refined based on input from the previous meetings (FA -City staff) • PowerPoint for Council adoption (FA) • Attend two meetings including Planning Commission and City Council public hearings (FA) 4 1 ~-~a0 14-das 1 ~-6nd 1~-Inf 1~-un~ 1 ~-~t~w 1 -add ~ N M ~ o ~ ~ ~ ~ ~ ~ ci N ~ ~ ~ > ~ b U ,1sj . U U ~ ~ p p ~ ~ U ~ ~ ~ a G, C6 a_i U ~ ~ ~ ~L p. y r z-' ~ ~ ^ ~ N ~ 'U y ~ ~ ~ p U U ~ Q N U U U v. 0 ~ ~ ~ ~ ~ ~ ~ O ~ b ~ U ~ ~ b O U ~ U ~ ~ O c`nn ~ ~ 0 , U U U U Q U U _ b ~ c~ ~ bJ) ~ ~ ~ ~ ~ ~ U ~ o ~ of ~ Q ~ ~ t~ ~ ,L ~~•~o~o~a~ ~ y ~ a~ N ~ ~ ~ ~ v C o o~ a b o o ~ ~ ~U~Qa~naUaU N c~ ~t in ~ ~ 00 ~ U C t Q ~ o 0 . L ~ a ~ , ~~}olds o0000000~0 I~f~~'Cfl~'COr-N ~'N ~ o0~r-c'~d'c'~~~-►M N cfl c~ c'') d' c~ oo ~t ' 00 .M ffl ff~ {f} f~} ff~ Efl Efl ~ bR a~Sl~ o ~ O o0 ~ 00 ~ ~ d' ~ d' pin~a a~~(o~ xa~y 0000000000 asauo6aa~ ~ O d' ~ CO o0 00 00 ~ ~ ~~ooS ~ asauo6aa~ N ON00~'00(fl00N~`'':=' Q uyo~ ~ a~ _ ~ L r,~ O W I /y~ W`` ~ ~ ~ ~ ~ ~ ~ ~ ; ~ U ~ ~ ~ bQ a_ ~ ~ 0 ~ cn N ~ O ~ ~ ~ ~ ~ ~ C ~ ~ ~ a~ ~ _ U I- ~ 0 ~ 0 ~ x ~ 0 N a 0~ 0~ 0~ S1, U. ~ ~ ~ 0 ~ C/a ~ ~ ~ ~ L z.., N s.., s.,, U U . ~ ~ ~ O 0 ~ T3 ~ o ~ ~ ~ m ~ N c*1 ~n ~0 o0 0~ ~ ~ ~ Q ~ aa~~~~~~~',0 ~ ~ ~p 0. E- Purchase Order o~~ _ Fiscal Year 2017 Page: 1 of: 1 S City of Ashland. _ w- I ATTN: Accounts Payable ~ 20 E. Main Purchase Order # ~ Ashland, OR 97520 T Phone: 5411552-2010 O Email: payable@ashland.or.us ~ H C10 Planning Division E FREGONESE ASSOCIATES INC 151 Winburn Way D 1525 SW PARK AVENUE SUITE 200 p Ashland, OR 97520 O PORTLAND, OR 97201 Phone: 5411488-5305 R ~ Fax:5411552-2050 503 228-3054 Aril Lucas 05/22/2017 1365 FOB ASHLAND ORINET30 Cit Accounts Pa able - _ - It~#~ _ ~ - - - _ ro Planning and Urban Services - 1 Professional planning and urban design services to develop a 1 $38,320.0000 $38,320.00 package of land use strategies and incentives to impplement the findings of the previous,developmentfeasibility analysis,and create incentive for business and housing development in the Ashland Transit Triangle. _ Project Account: GL SUMMARY 092700 - 604100 $38,320.00 ~ ~ ~ ~ ~ x ~ - By. Date: ~ , Authorized gnature - - - - $38 320.00 a S A v r a ~ ~ ~ .T ~ ~ oY f' 1, ~ ~ ~ ~ ~ ~ , FARM #3 r ° CITY OF ~.SHLAND REQUISITION 4126~t~ ~ Date of request: ~ Required date for delivery: ASAP Vendor Name FREGONESE ASSOCIATES, INC Address, City, State, Zip 1525 SW PARK AVE, SUITE 200, PORTLAND, OR 97201 Contact Name & Telephone Number SCOTT FREGONESE, (503) 228-3054 Fax Number (503) 525-0478 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2,50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written note or ro osal attached _ Attach co of council communication _ If council a royal re wired, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Date approved by Council; ❑ Direct Award -(Attach copy of council communication) Contract # ❑ VerballWritten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES Special Procurement Intergovernmental Agreement 5 000 to 75 000 [Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ~ Written quote or proposal attached Date original contract approved by Council; ❑ (3) Written proposalslwrittensol~citation Date approved b Council; (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: ~ Date - (Attach copy of council communication) Description of SERVICES Total Cost Professional planning and urban design services to develop a package of land use strategies and incentives to implement the findings of the previous development feasibility analysis and create incentive for business and housing development in the Ashland Transit Triangle. $38,320,00 Item # Quantity Unit Description of MATERIALS Unit Price Total Gost TOTAL COST ❑ Per attached quotelproposal ~ $ "f Project Number _ _ _ _ _ _ - _ _ _ Account Number 110.09.27.00.604100 Account Number - - - Account Number - - - - ~Expendifure must be charged fo the appropriate account numbers for the financials to accurately reflect the actual expenditures. 1T Director in collaboration with department to approve all hardware and software purcl?ases ` IT Direcfq~ Date Support -Yes / No By signing this requisition form, I certify that the City's public confracfing requiremenfs have been safisfiea~ Employee: Department Head: _ ~ (Eq Ito r greater that $5,000) Department ManagerlSupervisor: City Administrator: Ei / q al to or grea er an $25,000 ~~~~i Funds appropriated forcurrent fiscal year; YESa./ NO _ ~ ~ ~ .Finance Direcf~r= {Equal fo or greater than $5, 000) Dafe Comments. Form #3 -Requisition CITY OF SHLAND FORM #9 SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Bill Molnar, Community Development Director Date: March 14, 2017 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Communi . Development 2. Department Contact Name: Maria Harris 3. Type of Request: Class Special Procurement XContract-specific Special Procurement 4. Time Period Requested: From: April 1, 20 17 To: December 29, 2017 5. Total Estimated Cost: $38,320.00 6. Short title of the Procurement: Infill Implementation Strategy for the Ashland Transit Triangle Supplies and/or Services or class of Supplies and/or Services to be acquired: The services to be obtained include professional planning and urban design services to develop a package of land use strategies and incentives to implement the findin s~ of the previous development feasiblli anal sly create incentives for business and housin d.~velopment in the Ashland Transit Triangle. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: NoticelAdvertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: The City previously contracted with Fregonese Associates to conduct a return on investment analysis of development and redevelopment in the Ashland Transit Triangle to identify factors that limit the amount and type of development in the area. The ana~sis found that: 1, a building with a mix of business and residential uses based on current land, construction and permitting costs and under current zoning and land use standards isn't feasible because projected commercial rents are low and the residential rental rates are high compared to the existin m.~prices, and 2 the projected dwellin units are primarily 1,000 square feet and larger because of maximum density requirements and the rental rates exceed the amount atwo-person household at median income can afford by 30 percent or more. The recommendations included: l) Chan esg in requirements Form #9 -Special Procurement -Request for Approval, Page 1 of 3, 412512017 for buildingheight, number of stories, parking_spaces, landscapin c~~e and the maximum number of residential dwelling units allowed per acre, 2 accelerating street fronta~provement projects included in existin~ado~ted plans, and 3~ updating the inclusionary zoningpolicies based on new state laws. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Fregonese Associates developed Envision Tomorrow which is a suite of urban and re 1._~ onal planning tools for development/marketfeasibi1i analysis and scenario planning. Envision Tomorrow is a unique land use modeling tool because the software can analyze financial feasibili at a site-by-site and building level. The ability to analyze at the individual parcel and building level is critical in the Ashland Transit Triangle project because the opportunities for development and redevelopment are comprised of scattered sites throughout the area The original Ashland Transit Trian l~ e analysis was performed b~Fre~onese Associates usin En.~ vision Tomorrow As a result, Fre~onese Associates has inherent knowled e of the revious analyses and model, as well as the City's land use ordinance and adopted plans, which will provide continuity and efficiency in developing the infill implementation strategy. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: This award will not substantially diminish competition because there are few planning firms that use the Envision Tomorrow suite of tools for development and market feasibility analysis and scenario planning. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: Selection of Freg_onese Associates will result in cost savings because Fre~onese Associates is familiar with the previous analysis results and Ashland's land use ordinance and adopted plans because of the firms' previous work on the pro ject Anew firm would require as a first task time covered to review the previous work as well as Ashland's standards and adopted plans in addition to developin ag n implementation strategy. Staff time and resources are saved by not havin~to og through a formal selection process. The reduction in City stafftime includes development of an RFP and scope of services, internal review, proposal scoring ne otig ations with selected consultant, and working with new consultant to review previous work and Ashland's standards and adopted plans. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065, or 279B.070, or any rLlles adopted thereunder because: (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 -Special Procurement -Request for Approval, Page 2 of 3, 412512017 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us -March 22, 2017 PUBLIC NOTICE Approval of a Special Procurement First date of publication: March 22, 2017 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on March 21, 2017. Fregonese Associates will develop an infill implementation strategy including land use strategies and incentives to implement recommendations ofthe previous development feasibility analysis for the Ashland Transit Triangle, an area in the southeast part of the city comprised of the property adjacent to the bus route on Ashland St., Tolman Creek Rd. and Siskiyou Boulevard. The project is acontract-specific special procurement for planning and urban design services. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Bill Molnar, Community Development Department, 20 E. Main St., Ashland, OR 97520. The seven (7) day protest period will expire at S:OOpm on March 28, 2017. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 -Special Procurement -Request for Approval, Page 3 of 3, 412512017 CITY OF ASHLAND FORM #4 DETERMINATIONS TO PROCURE PERSONAL SERVICES X5,000 to X75,000 To: John Karns, Public Contracting Officer From: Bill Molnar, Community Development Director Date: March 14, 2017 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than X75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The City Council identified a project to develop infill strategies for Ashland's transit corridors in the southeastern portion of the city as one of three high priority long range planning projects in March 2014. Specifically, the project objectives are: 1) develop and analyze scenarios accommodating varying levels of future employment and housing growth; 2) identify strategies to encourage a concentration and mix of housing and jobs; and 3) identify strategies to increase the desirability of the corridors for residential living. The City previously contracted with Fregonese Associates (FA) to evaluate land use scenarios for the triangular transit area of Ashland St., Siskiyou Blvd., and Tolman Creek Rd. using the Envision Tomorrow (ET) planning software. The purpose of the evaluation was to identify factors that limit the amount and type of development in the Ashland Transit Triangle. The analysis found that: 1) a building with a mix of business and residential uses based on current land, construction and permitting costs and under current zoning and land use standards isn't feasible because projected commercial rents are low and the residential rental rates are high compared to the existing market prices, and 2) the projected dwelling units are primarily 1,000 square feet and larger because of maximum density requirements and the rental rates exceed the amount atwo-person household at median income can afford by 30 percent or more. The recommendations included: 1) changes in requirements for building height, number of stories, parking spaces, landscaping coverage and the maximum number of residential dwelling units allowed per acre, 2) accelerating street frontage improvement projects included in existing adopted plans, and 3) updating the inclusionary zoning policies based on new state law. This prof ect involves the development of the infill. implementation strategy based on the findings and recommendations of the previous analysis. Form #4 -Department Head Determinations to Procure Personal Services, Page 1 of 2, 412512017 FA has extensive experience throughout the country in development and implementation of strategies and plans for transitioning underdeveloped areas into a mix and intensity of uses that support transit and walking and bicycling trips. Additionally, FA developed ET which is a suite of urban and regional planning tools for development/market feasibility analysis and scenario planning. Envision Tomorrow is a unique land use modeling tool because the software can analyze financial feasibility at a site-by-site and building level. The ability to analyze at the individual parcel and building level is critical in the Ashland Transit Triangle project because the opportunities for development and redevelopment are comprised of scattered sites throughout the area. The original Ashland Transit Triangle analysis was performed by Fregonese Associates using Envision Tomorrow. As a result, Fregonese Associates has inherent knowledge of the previous analyses and model, as well as the City's land use ordinance and adopted plans, which will provide continuity and efficiency in developing the infill implementation strategy. The estimated cost is of the project is $38,320.00 to respond to additional information or meeting requests and needs that may originate from the public meeting process. The project deliverables include several study session meeting, ET model refinement, staff training and presentation materials and packet information for study session meetings. The timeline of the intended contract will be April 1, 2017 to December 29, 2017. A scope of services has been developed which outlines the work plan and tasks involved in the analysis, and will be attached to the contract as required. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? ET is a free software package that utilizes GIS data for scenario planning. FA developed the software and has the in-depth knowledge of the model to address detailed and intricate questions that maybe generated by appointed and elected officials. A component of the project is updating the local construction and land costs and then updating the ET scenarios based on this information. The consultant team includes planning and redevelopment experts with expertise in GIS-based scenario planning and real estate economics. City staff will perform work throughout the work plan. However, City staff doesn't have the expertise in redevelopment to complete the prof ect in its entirety. FA has extensive experience throughout the country in development and implementation of strategies and plans for transitioning underdeveloped areas into a mix and intensity of uses that support transit and walking and bicycling trips. Form #4 -Department Head Determinations to Procure Personal Services, Page 2 of 2, 412512017