Loading...
HomeMy WebLinkAbout2023-050 PO 20230341-Cascadia Prime,LLC t Purchase Order reAl I , ' Fiscal Year 2023 ,Page: 1 of: 1 _ _ LC CITY ROD F,� ;� a. __ _ B City of Ashland §il i - r i�-01n ' :-_-.M-7-2 ATTN: Accounts Payable Purchase ''' Ashla d, OR 97520 Order# 20230341 T Phone:541/552-2010 0 Email: payable@ashland.or.us V H C/O,Public Works Department E CASCADIA PRIME, LLC 1 51 Winburn Way N 638 N MAIN ST, STE. B p Ashland, OR 97520 O ASHLAND, OR 97520 Phone: 541/488-5347 R T Fax: 541/488-6006 =errs __!iT11-- tl 13na—r is [ir1h —ai_ .0 r—�i,1 M. x z,1 t r---_ii=_ --- __—- Scott Fleury - L3 -r f3_ n' i16=;B8tlF equ _=Ia" = rilorl tz a ''i6 a� ! p- � __ 06/09/2023 7784 _ FOB ASHLAND OR/NET30 Cit Accounts Payable f€7 .�. .�___ �sz -- 7140.!_2i. se -# _ ��:E�t''�_,=#:n— _` __-.+- at.-401t. - _r€ � 71 a j ' a - - Real Estate Broker Services - 1 Real Estate Broker Services 1.0 $50,000.00 $50,000.00 Personal Services Agreement(Gre ter than $35,000) Completion date: June 30, 2025/� ' Project Account: ***************GL SUMMARY*************** I 017200-604100 $50,000.00 - • , By: it 104 ' Ai ; Ii Date: Wi .' t' O. ,. ----4-- -t.- Authorize Authorize.' ignature6 __. $50,000.00 • liq .� FORM #3 CITY OF ASHLAND A request fora PLircha,e Ole 7 '( REQUISITION .- v " Date of request: 0.5/23./2023 Required date for delivery: Vendor Name Cascadia Prime LLC Address,City,State,Zip 638 N Main Street,Suite B Contact Name&Telephone Number Eric Heron 541-690-6736 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) 0 Written quote or proposal attached O Written quote or proposal attached (If council approval required,attach copy of CC) ❑ Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written bid(s)or proposal(s) 0 Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract# _(Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: __ (Date) Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment ❑ Special Procurement City Administrator.AMC 2.50.070(4) II (3)Written proposals&solicitation attached 0 Form#9,Request for Approval 0 Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K ❑ Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council:_ Valid until:_ (Date) Description of SERVICES TOTAL COST Real estate broker services $ 50;000:00 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost ❑� Per attached quote/proposal i TOTAL COST Project Number Account Number o 1 7 2 0 0.6 0 4 1 o a Account Number - Account Number - *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures, IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,l certify that the City's public contracting requirements have been satisfied. _ Employee:0o OQ/I ,Q_ Department Head: 'S,23.Z 3 ��� '�E ualtoor grater 5000 Department Manager/Supervisor: City Manager: I � q $ ) • than.' 5,000 • Funds appropriated for current fiscal year: 0 %:fir / . s ' 2-2._ Finance Director- quail.or. •rthan$5,000) Date \ Comments: • \ Form#3-Requisition DocuSign Envelope ID:2116C335-4095-4527-99F1-AECC7I I DED2F PERSONAL SERVICES AGREEMENT (GREATER THAN $35,000) CONSULTANT: Cascadia Prime LLC CITY O F ADDRESS: 638 N. Main Street, Suite B -ASHLAND Ashland, OR 97520 20 East Main Street Ashland, Oregon 97520 TELEPHONE: 541-690-6736 Telephone: 541/488-5587 Fax: 541/488-6006 EMAIL: erich@cascadiaprimecommercial.com This Personal Services Agreement(hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Cascadia Prime LLC, a domestic business corporation ("hereinafter"Consultant"), for Real Estate Broker Services. NOW THEREFORE,in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City, as set forth below(the"Effective Date"), and unless sooner terminated as specifically provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore, but not later than June 30, 2025. os 2. Scope of Work: Consultant will provide Real Estate Broker Services as more fu y set forth in Section 1 of the City of Ashland Project No 2022-12 RR) as well as the Consultant's Proposal dated May 4, 20231, which is attached hereto as "Exhibit A"1-, both beings incorporated herein by this reference. Consultant's services are collectively referred to herein as the "Work." 3. Supporting Documents/Exhibits; Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 4. All Costs Borne by Consultant: Consultant shall, at its own risk,perform the Work described above and, unless otherwise specified in this Agreement, furnish all labor, equipment, and materials required for the proper performance of such Work. 5. Qualified Work: Consultant has represented, and by entering into this Agreement now represents,that all personnel assigned to the Work to be performed under this Agreement 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. 6. Compensation: City shall pay Consultant per the attached exhibit for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement Page 1 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND CASCADIA PRIME,LLC. DocuSign Envelope ID:2116C335-4095-4527-99F1-AECC711 DED2F under this Agreement exceed the sum of$50,000 (fifty thousand US dollars)without the express, written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within thirty(30) days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,payments will be made for any phase of the Work completed and accepted as of the date of termination. 7. Ownership of Work/Documents: All Work,work product, or other documents produced in furtherance of this Agreement belong to the City, and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is $24,050.68 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50%or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as "Exhibit B"predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its officers, employees, and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, 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 Agreement by Consultant(including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses, expenses, actions, costs, or other damages, caused solely by the gross negligence of City. 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City at any time upon not less than thirty (30) days' prior written notice delivered by certified mail or in person. c. For Cause. City may terminate or modify this Agreement, 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 Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide Page 2 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND CASCADIA PRIME,LLC. DocuSign Envelope ID:2116C335-4095-4527-99F1-AECC71I DED2F the services required by this Agreement is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant,may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen (15) days of the date of the notice, or within such other period as the party giving the notice may authorize in writing, then the Agreement 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 Agreement. City,by written notice to Consultant of default or breach, may at any time terminate the whole or any part of this Agreement if Consultant fails to provide the Work called for by this Agreement within the time specified herein or within 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 Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. 13. Assignment: Consultant shall not assign this Agreement 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. 14. 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 under the 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 Agreement; or attempts to assign rights in, or delegate duties under,this Agreement. 15. Insurance. Consultant shall, at its own expense,maintain the following insurance: a. Workers' Compensation. Consultant shall obtain and maintain Workers' Compensation insurance in compliance with ORS 656.017,which requires subject employers to provide Oregon Workers' Compensation coverage for its subject workers, unless such employers are exempt under ORS 656.126. If exempt under ORS 656.126, Consultant shall certify such exemption to the City. b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence. This is to cover any damages caused by error, omission or negligent acts related to the Work to be provided under this Agreement. c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury,Death, and Property Damage. Page 3 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND CASCADIA PRIME,LLC. DocuSign Envelope ID:2116C335-4095-4527-99F1-AECC71I DED2F d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 (one million dollars) for each accident for Bodily Injury and Property Damage, including coverage for owned,hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation,material change,reduction of limits or intent not to renew the insurance coverage(s)without thirty (30) days' prior written notice from the Consultant or its insurer(s)to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation, required herein, but only with respect to Consultant's services to be provided under this Agreement. The consultant's insurance is primary and non-contributory.As evidence of the insurance coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates and endorsements prior to commencing the Work under this Agreement. 16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color,religion, creed, sex,marital status, familial status or domestic partnership,national origin, age,mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall,throughout the term of this Agreement, including any extensions hereof, comply with:. (i)All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant, for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement,has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Governing Law; Jurisdiction: This Agreement shall be governed and construed in accordance Page 4 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND CASCADIA PRIME,LLC. DocuSign Envelope ID:2116C335-4095-4527-99F1-AECC711 DED2F with the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue. 19. Notice. Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery,by sending via a reputable commercial overnight courier,by mailing using registered or certified United States mail,return receipt requested,postage prepaid, or by electronically confirmed at the address or facsimile number set forth below: If to the City: Public Works Attn: Contract Administrator 20 East Main Street Ashland, Oregon 97520 With a copy to: City of Ashland-Legal Department 20 East Main Street Ashland, Oregon 97520 If to Consultant: Cascadia Prime Attn: Eric Herron 638 N Main Street, Suite B Ashland, Oregon 97520 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS,EITHER ORAL OR WRITTEN,NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 22. Certification. Consultant shall execute the certification attached hereto as "Exhibit C" and incorporated herein by this reference. Page 5 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND CASCADIA PRIME,LLC. DocuSign Envelope ID:2116C335-4095-4527-99F1-AECC711 DED2F IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: CASCADIA PRIME,LLC (PROVIDER): —DocuSIgned by: By: oBy: Joseph L ssard, City anager 'guts+ass... •V)5 L,, / sc1r c Eric Herron Printed Name Printed Name 5/0_ Member, Principal Broker Date Title 5/18/2023 Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: Carmel Zahran Assistant City Attorney 5.18.23 Date Page 6 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND CASCADIA PRIME,LLC. DocuSign Envelope ID:2116C335-4095-4527-99F1-AECC711 DED2F EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating •a ment of a livins wase. $17.02 per"hour, effective June 30, 2022. The Living Wage Is adjusted annually every June.30 by the Consumer Price Index' Employees must be paid a portion of business of their 401K and IRS eligible living wage: employer, if the employer has cafeteria plans(including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. > For all hours worked under a business from the City of service contract between their Ashland in excess of > Note: For temporary and employer and the City of $24,050.68. part-time employees,the Ashland if the contract Living Wage does not apply exceeds$24,050.68 or more. > If their employer is the City of to the first 1040 hours worked Ashland, including the Parks in any calendar year. For > For all hours worked in a and Recreation Department. more details, please see month if the employee spends Ashland Municipal Code 50%or more of the > In calculating the living wage, Section 3.12.020. employee's time in that month employers may add the value working on a project or of health care, retirement, For additional information: 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 ASHLAND Page 1 of 1: EXHIBIT B DocuSign Envelope ID:2116C335-4095-4527-99F1-AECC711 DED2F EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through its authorized representative, under penalty of perjury, certifies that(a)the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and(b) Consultant is not subject to backup withholding because: (i) it is exempt from backup withholding, or(ii) it has not been notified by the Internal Revenue Service (IRS)that it is subject to backup withholding as a result of a failure to report all interest or dividends, or(iii)the IRS has notified it that it is no longer subject to backup withholding. Consultant further represents and warrants to City that: (a) it has the power and authority to enter into this Agreement and perform the Work, (b)the Agreement,when executed and delivered, shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c)the work under the Agreement shall be performed in accordance with the highest professional standards, and (d) Consultant is qualified,professionally competent, and duly licensed(if applicable)to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. DS C -ER (1) Consultant carries out the work or services at a location separate from a private Ds residence or is in a specific portion of a private residence, set aside as the location of rek the business. (2) Commercial advertising or business cards or a trade association membership are DS purchased for the business. 'a (3)Telephone listing is used for the business separate from the personal residence ttk listing. Ds (4)Labor or services are performed only pursuant to written contracts. (5)Labor or services are performed for two or more different persons within a period of one year. fetDS (6) Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission(professional liability) insurance or liability insurance relating to the Work or services to be provided. DocuSlgned by: C - Consultant°r signature 5/18/2023 Date Page 1 of 1: EXHIBIT C DocuSign Envelope ID:2116C335-4095-4527-99F1-AECC711 DED2F CERTIFICATION OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE REQUIREMENTS Contractor is exempt from the requirement to obtain workers compensation insurance pursuant to ORS Chapter 656 for the following reason. Contractor is to initial the appropriate box as follows: SOLE PROPRIETOR (Initials) ■ Contractor is a sole proprietor,and • Contractor has no employees,and • Contractor will not hire employees or subcontractors to perform this contract. CORPORATION—FOR PROFIT (Initials) • Contractor's business is incorporated;and • All employees of the corporation are officers and directors and have a substantial ownership interest*in the corporation,and • All work will be performed by the officers and directors;Contractor will not hire other employees or subcontractors to perform this contract. CORPORATION-NONPROFIT (Initials) • Contractor's business is incorporated as a nonprofit corporation,and • Contractor has no employees;all work is performed by volunteers, and • Contractor will not hire employees or subcontractors to perform this contract. PARTNERSHIP (Initials) • Contractor is a partnership,and • Contractor has no employees,and • All work will be performed by the partners;Contractor will not hire employees or subcontractors to perform this contract,and • Contractor is not engaged in work performed in direct connection with the construction,alteration,repair, os improvement,moving or demolition of an improvement to real property or appurtenances thereto.** ftt- 11 LINIITED LIABILITY COMPANY (Initials) • Contractor is a limited liability company,and • Contractor has no employees,and • All work will be performed by the members;Contractor will not hire employees or subcontractors to perform this contract,and • If Contractor has more than one member,Contractor is not engaged in work performed in direct connection with the construction,alteration,repair,improvement,moving or demolition of an improvement to real property or appurtenances thereto.** P uSlgned by: 5/18/2023 98F4FC65116B... (Signature of Authorized Signer) (Date) Member, Principal Broker (Authorized Signer's Title) *NOTE: Under OAR436-50-050 a shareholder has a"substantial ownership"interest if the shareholder owns 10%of the corporation,or if less than 10%is owned,the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of all shareholders. **NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing construction work. The requirements for this exemption are complicated. Consult with City Attorney's Office before an exemption request is accepted from a contractor who will perform construction work. • � 7 ® A o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/10/2023 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. I IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 CONTACT Julie Maphet Hart Insurance Agency PHONE FAX PO Box 1240 IA/C.No.Extl: (541)' 479-5521 (A/C,No):(541) 474-1890 E-MAIL hett6hartinsurance.com Grants Pass OR 97528 ADDRESS: J ma P INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hanover.American Insurance Co 36064 INSURED (541) 690-6736 INSURERS: Cascadia Prime LLC INSURER C: 638 N Main Street Ste C INSURERD: Ashland OR 97520 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 25976 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. INSRTTYPE OF INSURANCE ADDLINyy D POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DDIYYYY) (MM/DDIYYYY), A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 'DAMAGE TO CLAIMS-MADE OCCUR Y 0H2D787025 12/21/2022 12/21/2023 PREMISES Eaoccu RENTED nce) $ 300,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) A X UMBRELLALIAB X OCCUR OH2D787025 12/21/2022 12/21/2023 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ Prod/Comp Ops $ 1,000,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EAEMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The City of Ashland, Oregon, and its elected officials, officers and employees are additional insureds as required by written contract or agreement per the attached 391-1006. Coverage is primary and noncontributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 Memo TO: Joseph L. Lessard, City Manager FROM: Tami De Mille-Campos, Administrative Analyst DATE: 5/23/2023 RE: City Manager Signature Needed for Cascadia Prime LLC contract Background: This item is coming to you for signature,please see the attachments for more info. Council Action: N/A,under threshold Signatures Required: 1. Finance Director on Form 3 2. City Manager on Form 3 3. City Manager on page 6 of contract Other Relevant Information: None Insurance waived or reduced? No Who to return to if different from sender? Are all other signatures required collected?Yes If no,please collect before sending them to the City Manager. Are all attachments listed included? Yes • CITY OF ASHLAND 20 East Main Street Tel:541-488-6002 Ashland,Oregon 97520 Fax:541-488-5311 www.ashland.or.us TTY: 800-735-2900 ,� REQUEST FOR QUALIFICAITONS - PROPOSAL Professional Real Estate Services for PROJECT 2022-12 Emergency Shelter Site Acquisition PROJECT NO: 2022-12 PROJECT TYPE: Real Estate Broker Services November 1, 2022 not later than 2:00 PROPOSALS DUE: PM PST SUBMIT PROPOSALS TO: City of Ashland Public Works- Engineering, at 51 Winburn Way, Ashland OR 97520; or by mail to: 20 E. Main Street, Ashland, OR 97520 CITY PROJECT MANAGER: Scott Fleury P.E., Public Works Director PROJECT DURATION: Phase 1: Property Investigation & Itemization Phase 2: Broker Services Fifq CITY OF ASHLAND PUBLIC WORKS ENGINEERING 20.E. MAIN STREET ASHLAND OR 97520 541/488-5587 TABLE OF CONTENTS TABLE OF CONTENTS 1 SECTION 1-PROJECT OVERVIEW 3 1.1 OBJECTIVES 3 1.2 BACKGROUND INFORMATION 4 1.3 PROPERTY SELECTION CRITERIA 4 SECTION 2-SCHEDULE 5 SECTION 3-SCOPE OF SERVICES 5 3.1 GENERAL REQUIREMENTS 5 3.2 SPECIFIC REQUIREMENTS 6 SECTION 4-MINIMUM QUALIIFICATIONS,PROPOSAL CRITERIA AND EVALUATION CRITERIA 6 4.1 MINIMUM QUALIFICATIONS 6 4.2 PROPOSAL CRITERIA 6 4.3 PROJECT APPROACH (20 POINTS POSSIBLE) 7 4.4 PROJECT EXPERIENCE (20 POINTS POSSIBLE) 7 4.5 PROJECT TEAM EXPERIENCE (30 POINTS POSSIBLE) 7 4.6 SCORING 7 SECTION 5-EVALUATION PROCESS AND CONSULTANT SELECTION 7 5.1 REVIEW AND ACKNOWLEDGMENT OF DEFECTIVE PROPOSALS 7 5.2 RIGHT OF REJECTION 8 5.3 REFERENCES 8 5.4 RESPONSIBILITY 8 5.5 CLARIFICATION OF RESPONSE 8 5.6 INTERVIEWS 9 5.7 FINALIST SELECTION 9 5.8 TIES AMONG PROPOSERS 9 5.9 NOTICE OF INTENT TO AWARD 9 5.10 CONTRACT NEGOTIATION 9 5.11 PROTEST PROCEDURES 10 5.12 RESULTING CONTRACT 11 SECTION 6-CONTRACT 11 6.1 CONTRACT FORM 11 6.2 BUSINESS LICENSE REQUIRED 12 6.3 INSURANCE REQUIREMENTS 12 6.4 LAWS AND REGULATIONS 12 SECTION 7-INSTRUCTIONS TO PROPOSERS 12 7.1 GENERAL 13 7.2 PROPOSAL PREPARATION AND FORMAT 13 7.3 SIGNATURE ON PROPOSAL 13 7.4 PREPARATION COSTS 13 7.5 CONFORMANCE TO SOLICITATION REQUIREMENTS 13 7.6 DEFINITIONS 13 7.7 QUESTIONS AND CLARIFICATIONS 14 7.8 PROTEST OF REQUIREMENTS 14 7.9 PROTEST OF CONTRACT AWARD 15 7.10 PROPOSAL MODIFICATION 15 1 7.11 PROPOSAL WITHDRAWALS 15 7.12 PROPRIETARY INFORMATION 15 7.13 TERMS AND CONDITIONS 16 7.14 PROPOSAL OPENING 16 SECTION 8-PROPOSAL FORM 17 APPENDIX A-CONTRACT FORM INCLUDING EXHIBIT B,EXHIBIT C 19 APPENDIX B-FORM W-9 19 2 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS REQUEST FOR QUALIFCATIONS—PROPSALS PROJECT NO. 2022-12 Emergency Shelter Site Acquisition SECTION 1- PROJECT OVERVIEW 1.1 Objectives The City of Ashland (City) is seeking Qualifications for Commercial Real Estate Broker Services Project 2022-12 Emergency Shelter Site Acquisition.The required services will consist of providing the City property/parcel information within the City of Ashland that can accommodate the development of an emergency and transitional housing shelter.Services will include development and itemization of potential sites meeting the City's established criteria.The project also includes representing the City as the buyers agent if the City so chooses to move forward with property acquisition upon approval of the City The project will include, but is not specifically limited to,the following tasks and phases: 1.1.1 PHASE 1: Property Investigation and Itemization This phase will include but is not specifically limited to the following tasks: • Property research and development of property list meeting City's criteria for an emergency shelter o Zoning verification for applicable use • Itemize final property list in conjunction with the City's established criteria • Property list should include all background information on parcel including but not limited to, property size, price,zoning, undeveloped versus developed,and location • Present findings to City staff • Perform additional property research as requested of staff 1.1.2 PHASE 2: Property Acquisition Services The phase will include but is not specifically limited to the following tasks: • Act as City's buyers agent for property acquisition Proposals must be physically received by November 1,2022 not later than 2:00 PM PST(main lobby clock), in the City of Ashland Public Works Engineering Office located at 51 Winburn Way,Ashland OR 97520, or by mail at 20 E. Main Street,Ashland, OR 97520. Proposers mailing Proposals should allow normal delivery time to ensure the timely receipt of their Proposals. Any Proposal received after the date and time set for receipt of Proposals will not be considered and will be returned to the proposer unopened. For further information, contact the City's Project Manager,Scott Fleury P.E., Public Works Director at 541/488-5587 or by email at scott.fleury@ashland.or.us. Broker selection is anticipated to result in the issuance of a contract for professional engineering services in a form substantially similar to the one provided in this solicitation document. Any addenda that may be issued relating to this RFP will be sent directly to originally solicited proposers by the City. All Proposals shall be submitted as set forth in Section 7- Instructions to Proposers. The City is not responsible for Proposals submitted in any manner,format,or to any delivery point other than as required by this solicitation. Proposals shall be limited to two (2) pages and must include the services of a Real Estate Broker registered in Oregon. 3 Consultant selection will be based upon weighed criteria as set forth in this Solicitation Document and will include criteria including, but not limited to: similar project experiences, general experience, staffing availability, schedule and response time. The City of Ashland reserves the right to cancel this procurement or reject any and all Proposals in accordance with ORS 2796.100. 1.2 Background Information The City of Ashland has identified a need to temporarily house individuals during extreme weather and climate events that would pose a health hazard to unsheltered individuals,or to individuals whose house lacks heating or cooling. To secure permanent locations that can be used for such a purpose, City staff has identified a number of general criteria to be considered as part of site selection. Site selection could include either the purchase of vacant land that could subsequently be developed,or the purchase of a property currently containing a building that could be adapted for one or more of the identified uses. 1.3 Property Selection Criteria Site selection could also include examination of the following types of property: • Non-profit owned properties which could be developed in partnership to consolidate supportive services; • Developed property currently available for sale; • Vacant property currently available for sale; • Select property owners with property not presently listed that could meet the site selection criteria. There are a number of criteria the City should consider when identifying a site for extreme weather shelter to ensure its dedication of resources is successful at fulfilling the objective of creating a facility that can be flexibly used to best serve the City's long-term needs: • Site to accommodate priority use—emergency shelter and/or emergency event congregate and supply distribution/management; • Site location should be near transit,within walking distance to a bus stop (1/4 mile); • Site location should be near(walking distance) existing retail such as groceries; • Site should have access to existing City utilities including water,sewer,electric; • Site should be located outside of natural hazard areas(in floodplain, on/near steeps slopes, vulnerable to wildfire or inaccessible in severe weather). • Site should be large enough for a building that accommodates sleeping, communal space, and food preparation.The minimum building size should be in the range of 3,000-4,000 square feet. o Additionally,the facility may include opportunities for: ■ Storage for personal property; • Commercial kitchen to allow for food to be cooked and served on-site; ■ Recreation/exercise areas for children and pets; • Potential areas for case management services, including for housing,financial, vocational, educational,or physical or behavioral health care services. • Site should be able to accommodate a potential minimum 10 pallet structures in a location that can largely be screened from public view for privacy and security of occupants. • Site should accommodate parking for staff,volunteers, occupants, and potentially some spaces available for individual car camping. • Site should accommodate intermittent use by vehicles providing services such as portable laundry truck, dental health truck,shower truck(including utility hookups), etc. 4 • Site and facility should be able to function as a public congregate and supplies distribution center in the potential case this use is required during/following a community emergency event (fire,flood, earthquake, sever weather, etc.);site should be able to accommodate the following access on-site or nearby: o multiple emergency service vehicles, including police,fire and EMS vehicles; o emergency bus access for transport pick-up, drop-off and for emergency cooling/heating/shelter station service; o supply drop-off and/or distribution from commercial delivery and semi-trailer trucks. • Property zoning which allows for adaptive/flexible use of the building in the event needs change over time. SECTION 2-SCHEDULE The schedule of events listed below represent City's estimated schedule for this request for proposal. This schedule is SUBECT TO CHANGE and will be adjusted as required. EVENT DAILY COUNT(CALENDAR DAYS) DATE 1. Request for Proposal Released 0 10/4/2022 2. Last Date for Request for changes/Protest 10 days prior to Proposal Closing 10/21/2022 for Specifications/Questions 3. Last Date for City to Post Addenda 3 days prior to Proposal Closing 10/28/2022 4. Closing Date (last day to submit Proposals) -30 days after Proposal Release 11/1/2022 5. Responses Evaluated "'15 days after Closing Date 11/16/2022 6. Interviews Held (if necessary) -25 days after Closing Date 11/26/2022 7. Intent to Award Announced -30 days after Closing Date 12/1/2022 8. Contract Negotiations ^'40 days after Closing Date 12/10/2022 9. Expected Project Completion (all phases) 6 months after Contract Award 12/1/2023 SECTION 3-SCOPE OF SERVICES 3.1 General Requirements • Personnel, Materials, & Equipment:The Consultant shall provide qualified and competent personnel and shall furnish all supplies, equipment,tools and incidentals required to accomplish the work. All materials and supplies shall be of good quality and suitable for the assigned work. • Safety Equipment: The Consultant shall provide and use all safety equipment including, and not limited to hard hats,safety vests and clothing required by State, Federal regulations and Department policies and procedures. • Professional Responsibilities: The Consultant shall perform the work using the standards of care, skill and diligence normally provided by a professional in the performance of such services in respect to similar work and shall comply will all applicable codes and standards. • Project Management: The Consultant and the City staff will meet as required during project duration. The objectives of the meeting will include reviewing the scope, budget,schedule and deliverables.The Consultant will organize and manage the consultant project team and coordinate with city project manager and City staff. • Monthly Invoices and Progress Reports:The Consultant shall prepare monthly invoices and progress reports including the following: 5 - Work Completed during the month by work task as a percentage of completion. - Needs for Additional Information, Reviews, or Changes to the Scope of Work. - Scope,Schedule, and Budget Issues and Changes. 3.2 Specific Requirements The City of Ashland (City) is seeking professional consultant services for Project 2022-12 Emergency Shelter Site Acquisition. The purpose of this project is to assist the City in identifying potential sites, within the City of Ashland's Urban Growth boundary,that are available for acquisition, and suitable to be utilized as an Emergency Shelter and Operations Center. 3.2.1 PHASE 1: Alternatives Analysis and Preliminary Engineering This phase will include but is not specifically limited to the following tasks: • Property research and development of property list meeting City's criteria for an emergency shelter o Zoning verification for applicable use • Itemize final property list in conjunction with the City's established criteria • Property list should include all background information on parcel including but not limited to, property size, price,zoning, undeveloped versus developed, and location • Present findings to City staff • Perform additional property research as requested of staff The phase will include but is not specifically limited to the following tasks: • Act as City's buyers agent for property acquisition 3.2.2 PHASE 2: Property Acquisition The phase will include but is not specifically limited to the following tasks: • Act as City's buyers agent for property acquisition SECTION 4- MINIMUM QUALIIFICATIONS, PROPOSAL CRITERIA AND EVALUATION CRITERIA Written Proposals will be evaluated and scored and a contract may be awarded based upon the proposer's qualifications and experience as described below: 4.1 Minimum Qualifications a. Responder must be a licensed Real Estate Broker in good standing in Oregon b. Responder must have a minimum of five (5)years' experience working in the acquisition and sale of commercial properties within the Rogue Valley. c. Responder must have experience with providing comparative market analysis d. Responder must be able to meet insurance and contractual requirements as established withing City's goods and services contract, reference exhibit A. 4.2 Proposal Criteria Proposals shall include the following information: a. Brokerage Firm Information:The proposal shall contain the legal name and address of the company, including the legal form of the company(partnership, corporation,joint venture,etc.). b. Experience of the Brokerage Firm:The proposal shall include the firm background and at least three references. c. Years of Experience:The proposal shall include the total number of years the firm has been operating as a real estate broker. d. Qualifications of the Project Team or Individual:The proposal shall contain the name(s)of the individual(s) and experience of each that will be directly involved with the project. 6 e. Detailed Scope of Work:The proposal shall contain enough detail to demonstrate an understanding of the project and checklist of responsibilities; including any additional services that might be available. f. Fee Proposal:The proposal shall include a fee schedule to include the following:commission or hourly rate for the research and potential acquisition acting as buyers agent for the project. g. Conflict of Interest: Documentation that personal or organization conflicts of interest prohibited by law do not exist. 4.3 Project Approach (30 Points Possible) Provide a description of your firm's approach to the proposed project scope of work. 4.4 Project Experience (30 Points Possible) a. Describe how your brokerage firm is organized and how its resources will be utilized to complete the work. b. Provide a summary of relevant commercial brokerage work experience. c. Provide a concise description of at least three (3) projects in the last ten (10)years, involving similar work to those listed in the scope of work. d. Indicate which members of the proposed project team, if any,who worked on the example projects, and their involvement. e. Submit three (3) references 4.5 Project Team Experience (40 Points Possible) a. Provide a list of the key staff proposed for this project("Key Person(s)"). b. Indicate which individual will manage the project and be the primary contact. Indicate the specific experience this individual has managing project similar to the one proposed in this solicitation document. 4.6 Scoring CATEGORY POSSIBLE POINTS POINTS SCORING 1. Project Approach 30 2. Project Experience 30 3. Project Team Experience 40 Total 100 SECTION 5- EVALUATION PROCESS AND CONSULTANT SELECTION Proposals will be reviewed and evaluated by an evaluation committee of reviewers consisting of at least three City employees. The total number of points possible for written Proposals is 100, and an additional 100 points may be scored through the interview process. 5.1 Review and Acknowledgment of Defective Proposals Due to limited resources, City generally will not completely review or analyze Proposals that on their faces fail to comply with the minimum mandatory requirements of the solicitation documents nor will City generally investigate the references or qualifications of such proposals. Therefore, City will not acknowledge whether or not an unsuccessful Proposal was complete, responsive, responsible, sufficient, or lawful in any respect. This is a public solicitation,the processes and procedures which are established and required by Oregon law and City-adopted rules. Proposers are advised to strictly follow the process, procedures, and requirements as set forth in this RFP and not anticipate or rely on any opportunity to negotiate, beyond such limitations that are identified herein. 7 5.2 Right of Rejection Proposers must comply with all terms of this RFP and all applicable federal,state, and local laws, administrative rules, and regulations. The City may reject any Proposal that does not comply with all of the material and substantial terms,conditions, and performance requirements of this RFP. Proposers may not qualify the Proposal nor restrict the rights of the City. If a Proposer does so,the City may determine the Proposal to be a non-responsive counter-offer, and the Proposal may be rejected. Minor informalities that may be waived include those that: • do not affect responsiveness, • are merely a matter of form or format, • do not change the relative standing or otherwise prejudice other offers, • are trivial, negligible,or immaterial in nature, • do not reflect a material change in the work, or, • do not constitute a substantial reservation against a requirement or provision. City reserves the right to refrain from making an award if the City determines that to be in its best interest. A Proposal from a debarred or suspended Proposer shall be rejected. 5.3 References The City reserves the right to investigate any and all references and the past performance information provided in the Proposal with respect to the proposer's successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on a schedule, and lawful payment of employees and workers. The City reserves the right to check any and allsources for information on a proposer's past performance, including sources other than the references provided in the proposer's Proposal. The City may consider information available from any source, including government bodies and regulatory authorities. 5.4 Responsibility The City reserves the right to investigate and evaluate, at any time prior to award and execution of the contract,the apparent successful Proposer's responsibility for performing the contract. Submission of a signed Proposal shall constitute approval for City to obtain any information City deems necessary to conduct evaluation. City reserves the right to request additional information or documentation from the successful Proposer prior to award of contract. Such information may include, but is not limited to, current and recent balance sheets, income statements, cash flow statements, or a performance bond from an acceptable surety. Failure to provide this information will result in rescission of City's Intent to Award. City may postpone the award of contract after announcement of the apparent successful Proposer in order to complete its investigation and evaluation. Failure of the apparent successful Proposer to demonstrate responsibility shall render the Proposer non-responsible and shall constitute grounds for rejection of the proposal. 5.5 Clarification of Response City reserves the right to request clarification of any item in any Proposal, or to request additional information necessary to properly evaluate a particular Proposal. All request for clarification and responses shall be in writing. 8 During the evaluation of Proposals, Proposers must respond to any request for clarification from the Evaluation Committee within 24 hours of request(Monday through Friday). Inability of the Evaluation Committee to reach a Proposer for clarification and/or failure of a Proposer to respond within the time stated may result in rejection of the Proposer's Proposal. 5.6 Interviews The outcome of the Proposal evaluations may result in placement on an interview(short-listed)with time and date of the interview. Should City elect to hold interviews,the total additional points possible for the interview will be 100. City may invite up to three (3)of the highest-ranked firms (or at a natural break in scoring)to interview. The Firm's Key Persons, as identified by City shall be prepared to attend the interview within five (5) business days of notification by City, and shall be prepared to answer questions provided with the Interview Invite letter, and questions that will be provided at the time of the interview, and discuss the Firm's proposed project approach. 5.7 Finalist Selection The firm with the highest total score as a result of written Proposal scoring and interview scoring, if conducted,will be considered the Finalist, and all other firms will be ranked according to next highest score, etc. 5.8 Ties among Proposers If City determines after the ranking of potential firms,that two or more of them are equally qualified to be the Finalist, City may select a candidate through any process that the City believes will result in the best value for taking into account the scope, complexity and nature of the Work. The process shall instill public confidence through ethical and fair dealing, honesty and good faith on the part of City and Proposers and shall protect the integrity of the Public contracting process. As part of the procedure for choosing the Finalist between two or more equally qualified candidates, City may elect to give a preference to a local consulting firm. 5.9 Notice of Intent to Award After the completion of the evaluation and ranking,the City will issue a written Notice of Intent to Award, naming the Finalist, and send copies to all Proposers. 5.10 Contract Negotiation City will begin negotiating the fees for the project,along with expanded scope of work detail,with the highest ranked Proposer and specifically,conduct direct negotiations toward obtaining written agreement on: a) Contractor's performance obligations and schedule; and any expansion of the Scope of Work. b) Contractor's fees, payment methodology, and a maximum amount payable to Contractor for the Work required under the Contract that is fair and reasonable to City determined solely by City,taking into account the value, scope, complexity and nature of work. c) Any other provisions City believes to be in the City's best interest to negotiate. d) Initial negotiations will be based upon Contract Phase 1. City shall,either orally or in writing,formally terminate negotiations with the highest ranked Proposer if City and Proposer are unable for any reason to reach agreement on a Contract within a reasonable amount of time. City may thereafter negotiate with the second ranked Proposer,and if necessary,with 9 the third ranked Proposer,and so on, until negotiations result in a Contract. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, as determined solely by City, City may end the particular formal solicitation. Nothing in the rule precludes City from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract. 5.11 Protest Procedures City shall provide to all Proposers a copy of the selection notice that City sent to the highest ranked Proposer. A Qualified Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may submit a written protest of the selection to the City. A Proposer submitting a protest must claim that the protesting Proposer is the highest ranked Proposer because the Proposals of all higher ranked Proposers failed to meet the requirements of the RFP or because the higher ranked Proposers otherwise are not qualified to perform the Architectural, Engineering, or Land Surveying Services, or Related Services described in the RFP. Eligible Proposers protesting award shall follow the procedures described herein. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Proposers. a) Protests must be received within seven (7) days after issuance of the notice of intent to award the Contract. City will not consider late protests. b) All protests must be in writing,signed by the protesting party or an authorized Agent. The protest must specify the grounds for the protest to be considered by the City c) Protests based on procedural matters will not be considered. d) The City's Public Works Director will review the protest and will fax and mail the protesting party a written response within three (3) business days of receipt of the written protest to the fax number and address provided in the proposal. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party. e) If the Public Works Director's determination (response) is adverse to the protester,,any further appeal of the Public Works Director's determination by the party must be submitted in writing to the City Administrator within three(3) business days of issuance of the Public Works Director's determination (response). f) The City Administrator will review any appeal of the Public Works Director's determination and shall fax and mail, in accordance with the fax number and address provided in the proposal,the protesting party a written response within three (3) business days of receipt of written appeal. g) If the determination of the City Administrator is adverse to the protesting party's interest, the protesting party may only appeal to the City Council by filing a written notice of appeal to the Council with the City Administrator within two (2) business days of issuance of the City Administrator's written determination. h) The Council, in considering the protest, shall review the documentation presented to the Public Works Director and the City Administrator on the next regularly scheduled Council Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such material. The Council review will be limited to the evaluation of compliance with City's policies and procedures, requirements of the RFP 10 and the equal and fair application of City's contracting rules. The City Council's determination shall be City's final decision. An adversely affected or aggrieved proposer must exhaust all avenues of administrative remedies before seeking judicial review of City's Consultant selection or Notice of Intent to Award. 5.12 Resulting Contract Upon reaching final agreement in regards to fees and a final scope of work with an awarded Proposer, the City will issue a Personal Services Agreement('PSA"), in substantially the form as found in the Appendix of this RFP. The PSA will include the City's Standard Terms and Conditions and the final scope of work and fees. SECTION 6-CONTRACT 6.1 Contract Form The consultant selected by the City will be expected to enter into a written contract in substantially the same form as attached to this RFP. The Proposal should indicate acceptance of the City's contract provisions. Suggested reasonable alternatives that do not substantially impair City's rights under the contract may be submitted as outlined under Section 5.11. Unconditional refusal to accept contract provisions will result in Proposal rejection. Contract Duration— Phase 1: Property Investigation and Itemization (6 months) Phase 2: Buyers Agent Representation (TBD) Contract Payment—Contingent upon City's need,consultant's performance and availability of approved funding, City reserves the right to amend the contract(within the scope of the project described in this RFP)for additional tasks, project phases and compensation as necessary to complete a particular project. Proposers are advised that the award and potential dollar amount of the contract under this RFP will be contingent upon approval by the Ashland City Council acting as the Contract Review Board. Payment will be made for completion of,or acceptable monthly progress on,tasks and deliverables in conformance with contract requirements and applicable standards. The method of compensation will be determined by the City and may be based upon any one or combination of the following methods: • Cost plus fixed-fee, up to a maximum NTE amount • Fixed price for all services. Fixed price per deliverable. Fixed price per milestone • Time and materials, up to a maximum NTE amount(City preferred method) • Price per unit Ashland Living Wage Requirements—Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying at least the living wage as established by the City of Ashland on June 30, 2022 ($17.02 per hour): • For all hours worked under a service contract between their employer and the City if the contract exceeds$24,050.68.or more. • For all hours worked in a month if the employee spends 50%or more of the employee's time in that month working on a project or portion of business of their employer, if the employer has ten or more employees and has received financial assistance for the project or business from the City in excess of$24,050.68. 11 • Contractor is also required to post the notice included in the appendix predominantly in areas where it will be seen by all employees. • In calculating the living wage for full time employees,employers may add the value of health care, retirement,401K and IRS eligible cafeteria plans, and other benefits to the employee's wages. The City of Ashland Living Wage Statement is appended to the sample contract included in the appendix. 6.2 Business License Required The selected consultant must have or acquire a current City of Ashland business license prior to conducting any work under the contact. 6.3 Insurance Requirements Contactor 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. c. General Liability insurance with a combined single limit, or the equivalent,of not less than $2,000,000 per occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under the contract. d. Automobile Liability insurance with a combined single limit,or the equivalent, of not less than $1,000,000 per occurrence for each accident for bodily injury and property damage, including coverage for owned, hired or non-owned vehicles,as applicable. e. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days'written notice from the contractor or its insurer(s)to the City. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon,and its elected officials,officers and employees as additional insurers on any insurance policies required herein but only with respect to contractor's services to be provided under this contract. As evidence of the insurance coverage required by this contract,the contractor shall furnish acceptable insurance certificates prior to commencing work under this contact. The certificate will specify all of the parties who are additional insures. The consultant's insurance is primary and non-contributory. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies;trust agreements,etc. shall be provided to the City. The contractor shall be financially responsible for all pertinent deductibles,self-insured retention and/or self-insurance. 6.4 Laws and Regulations The proposer is assumed to be familiar with all Federal,State, County or City laws or regulations,which in any manner affect those engaged or employed in the work or the materials or equipment used or which in any way affect the conduct of the work, and no pleas of misunderstanding will be considered on account of ignorance thereof. If the proposer shall discover any provision in these specifications or project information, plans or contract documents which is contrary to or inconsistent with any law or regulations,they shall report it to the City of Ashland in writing. All work performed by the contractor shall be in compliance with all Federal,State, County and local laws, regulations and ordinances. Unless otherwise specified,the contractor shall be responsible for applying for applicable permits and licenses. SECTION 7- INSTRUCTIONS TO PROPOSERS 12 • • 7.1 General All proposals and any resulting contracts are subject to the provision and requirements of Oregon Revised Statutes,Sections 279A and 2796. Engineering contracts are further subject to 279C and to the City of Ashland (City) Municipal Code Section 2.50. 7.2 Proposal Preparation and Format • Proposals shall be typewritten in 12 point font minimum. • Except for proposer attachments, proposal form,cover letter and resumes,the Proposal shall contain no more than 2 pages. • Proposal narrative must follow along with scoring criteria sections • No oral,telegraphic,telephone or facsimile Proposals shall be accepted. • The electronic submission of a Proposal will not be permitted. • To be considered, all Proposals must be received by the City prior to the date and time set for Proposal closing. • A total of three original (wet signatures), complete Proposals shall be submitted to the City prior to the date and time set for closing. 7.3 Signature on Proposal Proposals shall be signed in ink by an authorized representative of the Proposer. Signature on a Proposal certifies that the Proposal is made without connection with any person,firm or corporation making a proposal for the same goods and/or services and is in all respects fair and made without collusion or fraud. Signature on a Proposal also certifies that the proposer has read,fully understands and agrees with all solicitation requirements,terms and conditions. No consideration will be given to any claim resulting from proposing without fully comprehending all requirements of this Request for Proposals. 7.4 Preparation Costs The City may cancel a solicitation,whether informal or formal,or reject all Proposals,without liability incurred by City at any time after issuing an RFP, if City believes it is in City's best interest to do so. Consultants responding to RFPs are responsible for all costs they may incur in connection with submitting Proposals and responses to RFPs,which includes, but is not limited to: preparation, submittal,travel expenses, interviews, presentations, or evaluation of any Proposal. 7.5 Conformance to Solicitation Requirements Proposals shall conform to the requirements of this Request for Proposals. All necessary attachments (Independent Contractor Certification,etc.)shall be submitted with the Proposal and in the required format. Failure to comply with all requirements may result in Proposal rejection. 7.6 Definitions For the purpose of this RFP: "Agency"or"City" means City of Ashland. "Business days" means calendar days, excluding Saturdays,Sundays and all City recognized holidays. "Calendar days"or"days" means any day appearing on the calendar,whether a weekday,weekend day, national holiday,State holiday or other day. "Council" means City of Ashland Council "Department" means the City of Ashland Engineering Department. "Manager" means the City of Ashland Project Manager. "Proposers"-All firms submitting proposals are referred to as Proposers in this document; after negotiations, an awarded Proposer will be designated as "Consultant". "Qualification Based Selection" or"QBS" (for the purposes of this RFP) means evaluations and scoring of proposals based on qualifications,experiences and project approach,without considering cost. "RFP" means Request for Proposal. 13 "Scope of Work" means the general character and range of services and supplies needed to complete the work's purpose and objectives, and an overview of the performance outcomes expected by Agency. "Services" means the services to be performed under the Contract by the Consultant. "Statement of Work" means the specific provision in the final contract which sets forth and defines in detail (within the identified Scope of Work)the agreed-upon objectives,expectations, performance standards, services, deliverables,schedule for delivery and other obligations. 7.7 Questions and Clarifications All inquiries,whether relating to the RFP process, administration, deadline or award, or to the intent or technical aspects of the services, must be submitted in writing to the City's Project Manager listed in the advertisement for this RFP,at 20 East Main Street,Ashland, Oregon 97520. All questions must be received not later than ten (10) calendar days prior to the date and time set for closing. Answers to questions received by City,which are deemed by City to be substantive,will be issued as official addenda to this RFP to ensure that all proposers base their proposals on the same information. When appropriate, as determined by City in its sole discretions, revisions,substitution or clarification of the RFP or attached terms and conditions, an official addendum to this RFP will be issued. Proposer shall indicate receipt of all issued addenda by indicating the number of addendum received on the Proposal Form. Any addendum or addenda issued by the City which may include changes, corrections, additions, interpretations or information, and issued seventy-two (72) hours or more before the scheduled closing time for submission of bids, Saturday,Sunday and legal holidays not included, shall be binding upon the proposer. The City may elect to email addendum to registered proposers but will do so as a courtesy only. All official addendums will be issued through ORPIN and it shall be the proposer's sole responsibility to acquire any and all addendum pertaining to RFP. The proposer is strongly cautioned to monitor this site on a continual basis. 7.8 Protest of Requirements Proposers may submit a written protest of any provision,specification or contract term contained in this RFP and may request a change to any provision,specification or contract term contained in this RFP, not later than ten (10) calendar days prior to the advertised proposal closing date. A proposer's written protest must meet the following requirements: • A detailed statement of the legal and factual grounds for the protest. • The reason for the protest or request for change. • A statement of the form of relief requested or any proposed changes to the specifications or contract document. All protests shall be mailed or otherwise delivered to the City marked as follows: PROPOSAL PROTEST Proposal No. 2022-12 City of Ashland Public Works Dept. ATTN: Scott Fleury P.E., Public Works Director 20 East Main St Ashland, OR 97520 City Response:The City may reject without consideration a proposer's protest after the deadline established for submitting protest. The City shall provide notice to the applicable proposer if it entirely rejects a protest. If the City agrees with the proposer's protest, in whole or in part,the City shall either issue an addendum reflecting its determination or cancel the solicitation. 14 • Extension of Closing: If the City receives a written protest from a proposer in accordance with this rule, the City may extend closing if the City determines an extension necessary to consider the protest and to issue addenda, if any,to the solicitation of document. Judicial review of the City's decision relating to a specification protest shall be in accordance with ORS. 279B.405. 7.9 Protest of Contract Award Every Proposer who submits a proposal shall be notified of its selection status. Any Proposer who claims to have been adversely affected or aggrieved by the selection of another or any Proposer who contends that the provisions of this RFP or any aspect of the procurement process has promoted favoritism in the award of the contract or has substantially diminished competition, must file a written protest to this RFP within seven (7) calendar days after the date of the notice of intent to award. Failure to file a protest will be deemed a waiver of any claim by an offeror that the procurement process violates any provision of ORS Chapters 279A, 279B, or 279C,the City of Ashland Municipal Code, or the City's procedures for screening and selection of persons to perform personal services. 7.10 Proposal Modification Modifications or erasures made before proposal submission shall be initialed in ink by the person signing the proposal. Proposals, once submitted, may be modified in writing before the time and date set for proposal closing. Any modification shall be prepared on company letterhead, shall be signed by an authorized representative, and shall state that the new document supersedes or modifies prior proposal submissions and any other prior proposal modifications. Proposal modifications shall be submitted in a sealed envelope clearly marked "Proposal Modification," identifying the RFP number and closing date and time. Proposers may not modify proposals after proposal closing date and time. 7.11 Proposal Withdrawals Proposals may be withdrawn in writing on company letterhead signed by an authorized representative and received by the Engineering Services Manager prior to the date and time set for closing. Proposals may be withdrawn in person before closing time upon presentation of appropriate identification. 7.12 Proprietary Information The City is subject to the Oregon Public Records Laws(ORS 192.311 to 192.478),which require the City to disclose all records generated or received in the transaction of City business,except as expressly exempted. The City will not disclose records submitted by a Proposer that are exempt from disclosure under the Oregon Public Records Law, subject to the following procedures and limitations. The entire Proposal cannot be marked confidential; nor shall any pricing be marked confidential. All pages containing the records exempt from disclosure shall be marked "confidential" and segregated in the following manner: • It shall be clearly marked in bulk and on each page of the confidential document. • It shall be kept separate from the other Proposal documents in a separate envelope or package • Where the specification conflicts with other formatting and response instruction specifications, this specification shall prevail. • Where such conflict occurs,the Proposer is instructed to respond with the following: "Refer to confidential information enclosed." 15 • This statement shall be inserted in the place where the requested information was to have been placed. Proposers who desire that additional information be treated as confidential must mark those pages as "confidential." Proposers shall also cite the specific statutory basis for the exemption and give the reasons why the public interest would be served by the confidentially. Should a Proposal be submitted as described in this section, no portion of it will be held confidential unless that portion is segregated as described in the criteria above. Notwithstanding the above procedures,the City reserves the right to disclose information that the City determines, in its sole discretion, is not exempt from disclosure or that the City is directed to disclose by the City's Attorney,the District Attorney,or a court of competent jurisdiction. 7.13 Terms and Conditions Unless an official addendum has modified or reserved the right to negotiate any terms contained in the contract or exhibits thereto,the City will not negotiate any term or condition after the protest deadline, except the statement of work, pricing, and calendar with the selected proposer. By submitting a Proposal,the selected proposer agrees to be bound by the terms and conditions as set forth in this RFP and as such terms and conditions may have been modified or reserved by the City for negotiation. Any Proposal that is received conditioned upon City's acceptance of any other terms and conditions or rights to negotiate will be rejected. 7.14 Proposal Opening Unless otherwise provided by law, Proposals received in response to this RFP shall be opened at the date and time set for closing at the Engineering Services Building at 51 Winburn Way,Ashland, Oregon 97520. Proposers who attend the Proposal opening shall be informed only of the names of the Proposers submitting Proposals. No other information shall be available, and no copies of the Proposals shall be made. Award decisions will NOT be made at that time. 16 SECTION 8- PROPOSAL FORM • Proposals should be prepared and organized in a clear and concise manner and must include all information required by this RFP. Headers,Titles or Tabs should be used to identify required information. Responses to the Evaluation Criteria found in Section 4 shall be organized in the same order listed in that Section, preferably by re-stating the criteria and then responding below the restated criteria. REQUIRED RESPONSE DOCUMENTS THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE: (Place a check in front of the item indicating inclusion in your response) ❑ RESPONSE TO ALL EVALUATION CRITERIA listed in Section 4 ❑ SECTION 8—Proposal Form ❑ Independent Contractor Certification MWESB INFORMATION The City encourages contracting with minority owned,woman owned, and emerging small business (MWESB). The State of Oregon offers a certification process. Indicate below if your business is a MWESB and if so,which categories have been state certified. MWESB certified? Yes No . If yes, indicate which categories below: Minority Owned_ Woman Owned_ Emerging Small Business_ Veteran Owned_ ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO PROPOSAL DOCUMENTS: Proposer acknowledges receipt of Addenda and agrees to be bound by their contents. Circle each RFP addendum received: 1,2,3,4,5, 6,7,8,9, 10 Check if not applicable or if no addenda were received: PROPOSER INFORMATION: Proposer Company Name Company Address(from which work will be performed) Telephone Number Fax Number FEDERAL ID NUMBER 17 Printed Name of Person Signing RFP: Title: Signature: Email Address: 18 APPENDIX A-CONTRACT FORM INCLUDING EXHIBIT B, EXHIBIT C APPENDIX B- FORM W-9 19 GOODS AND SERVICES AGREEMENT (GREATER THAN $35,000) PROVIDER: CITY OF S H LAND PROVIDER'S CONTACT: 20 East Main Street Ashland, Oregon 97520 ADDRESS: Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: This Goods and Services Agreement(hereinafter"Agreement")is entered into by and between the City of Ashland,, an Oregon municipal corporation (hereinafter "City") and 7.4.M�.0„f5`c2OW.0= Z Z 4 ,, a d€n estic business eo_tio@ratti o (hereinafter "Provider"), for ?fl;rp,A wisw(s c i0'ien 017 ods 1. PROVIDER'S OBLIGATIONS 1.1 Provide de,a," ed d-ser'otio_ o�I''roods as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as"Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit,or the equivalent,of not less than$2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability,and products/completed operations coverage; and • Automobile Liability; and • Workers' Compensation. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form,and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees"with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to"layer"coverage and,taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City,its officers,employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 Provider shall, at its own expense, maintain Worker's Compensation Insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. As evidence of the insurance required by this Agreement, the Provider shall furnish an acceptable insurance certificate prior to commencing any Work. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further,Provider agrees not to discriminate against a disadvantaged business enterprise,minority- owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $24,050.68 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as"Exhibit A"predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$5==((could kg IYmirk alg© natal a Low as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all coin sensation and reimbursement under this Agreement exceed the sum of$>+, ,4`+C((this 's In. 'imam i 0. o e.ce_cd am_oui ®r e ibin_s A treeme-tk without express, written approval from the City official whose signature appears below,or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance,paid leave,and retirement. 3.4 Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Provider 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 the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 3.5 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof It supersedes all prior agreements,negotiations,and representations between the parties,whether written or oral. 3.6 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 3.8 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court,in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that,upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.9 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from,arising out of,or relating to the activities of Provider or its officers,employees,contractors, or agents under this Agreement. 3.10 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers,employees or agents. 3.11 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 3.12 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the Goods. Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects, fraud, and warranties. 3.13 The City may inspect and test the Goods.The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part.This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72(UCC). 3.14 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture.Provider shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The City's written =_Z= (Ma o Loco als taxi at+io 410 En Gay, dated • The Provider's complete written < dated.AM:�<),�3. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS, the several supporting documents shall be given precedence in the order listed in Article 4.1. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may,at its option,pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due,Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until 3 Crma5�c , unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement,with cause,by not less than fourteen(14)days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail,return receipt requested,postage prepaid,to the address set forth below: If to the City: City of Ashland—Kf Department Attn: ?„•;U' ,U,'♦;C?,U,' '?,(tX AV 20 E.Main Street Ashland, Oregon 97520 Phone: (541)488-><'Jti' '' f With a copy to: City of Ashland—Legal Depat tnient 20 E.Main Street Ashland, Oregon 97520 Phone: (541)488-5350 If to Provider: I° e'ioe Attn: 0: 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term, condition,or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider,for a period of no fewer than six(6)calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: >o =M&' "d (PROVIDER): By: By: Joseph L.Lessard, City Manager Signature Printed Name Printed Name Date Title Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: City Attorney Date EXHIBIT A CITY OF ASH 'LANID, OREGON City of Ashland LIVING ALL employers described WAGE below must comply with City of Ashland laws regulating payment:of a living wage. $17.0 per howl,. Live June 301 2022.Pr/ The Living Wage is adjusted annually every NIS June 30 by the Consumer Pae Index. Employees must be paid a portion of ebusiness of health cam,retirement, living wage: their employer,gf the arnd ORS eirgEde employer Evac ten or more cafeteria plans(inducEng ermployPees,and has accented childcare)benefits to the For al haus vinrked under a financial assistance for the employees amount un>t of wages. service contract their project or business from the employer and the City ofCity ofAshtan'over > Note: For temporary arid Ashland¢f i)he contract $24,U5l1.e., part-bane employees,,the exceeds$24,05168 ca.more B i g Wag nines not apply r If their employer Ts the City of to the Emit 111113 hourvatniteril v For liar vied irr a Ashland,inducing thre<Parts in any calendar year. For monthe employee and Recreation Department. mom details,piece see s5Celi or mre of the pisCt Maki.. ode spend In calculating the living employees lame imp tlh.�month gs fie:, ion 3. 2 Cl2 t_ wading on a project�r ermploy s many a ,>the lake For adiditionai informations CaC the A,ltiand City?amigos office at 541-48B-6002 or write to the Ci y Manager, C4 Hatt,20 East&tarn Met Ashland,OR 975520,car%lis1It the GAO Tivebsite at www.ashland_or_us. Notice toEmployers: This notice must be posted in areas Mere Ran be seen by e➢emples. CIT1n' OF ASHLAND APPENDIX B Foran W-9 Request for Taxpayer Give Form to the .Octet=2010) Identification Number and Certification requester.Do not tmtvn 1 pc„a„rSthe ertioe ►Co to www,us gov/FormW9for ins*uctions and the latest intoimation. sendtony to the IRS. 1 nutlet=ammo onrutineu:fatax=A t.Nmob¢rquitedcodhcrmc:doacelo ved=fineKink. , i 2 Humine=notnatemegordedentitynatrar,df.1.Ycre=drom=ace 3 Check eta cboxforfederalt titch 7=tionOtteeper=t ahaoenam =a¢eredonline1.Cr_ckontyueolthe 4 pde a(aod=Zagplycrtyto forovkg:even ear.linottiCG.ttd'iretivisec a inCeuction.cn pose 31: Fl ❑hevidualr.4.eproFc3 toror 0 CCarps-Som' 0 SCupar im 0 Panna-hip 0 Tru-sedate oG 6ngiranombcvLLCEx 01=e1D.-. .___.__. ❑Limited fiabirtyearnpany,atter clot=clan:ireaticatC-Ccoeporsim,s-Soorpordiw,R-Pr1,n¢sFaP)►1 .'---_ pa th Note:Cheek theoFpropiatetemekttheToeriweFaretaxdcciricatianalita=ngle-rratrbercetr.Cotettcheck Ersnptimfrom MICArepoP:na 11Cifthe acaCla:t7xdmadtete•m:m erRICdotiadare�tndthe coat-crude=the=et of the LW is ,. - -" - N £g anlhen aLLCthtcnot dircyadMrrrmthe OW=isrUS.federaltaxpurpr�.Ct a.n$'cr:caberLWCthat OOdr'f _ a2 .edlscgmdedfrom the as=r houfdcheck tbeegprapiixrbcxferttetae&narcrdomeiiU.ewcttr_ I0 Daer(,ee inotmatirxa)►,____ __�.---.{._.__ __ . __ ._ .. r.4,=en....ct eoemooz•aroulq & 5 Adder(Frumbcc.erect.rnd a-u.vtero.)See ar3roctiaos. - Hequc zei..nameandad3rm^Qt0ccoYj , I N 6 City.den.cod ZIP code i =cow!rsmaterto)here�,cpticrd) _ ra=cow! Part I Taxpayer Identification Number(TIN) . Enter rate WA in the appropriate box.The TN provided must snatch the raategiven an lie 1 to aso'>d I Social sociff4Y camber 1 backupotdxtg.Far i tdrvicbais.this b geaei tyoursocial security umber(SSN).13moerer,for a - ` - resident alien.sole proprietor.or duregarded entity.see the insinuctens far Fart0.later-Fox other - - entities.it icsyotrerrTtloyer identification member(EIN.if you do not have a number,see:low to ger a - iii TM later- Or Note:if the amount is in more than one name seethe instructions for line 1.Also see What Name and l rideatiieatiat number . NmsberToGniethe Requester tor gu eThesonwhasenumbertoenter . ' I: II- I.. . . 1 LONE Certification Under penalties of perpamy.I certify that 1-The number shown en this torn is my correct taxpayer idenlitisatian number(or I am waling fora number to be issued to tae);and 2.1 am not subject to backup wbhhotdng because:(a)1 am exempt from badcupwithholdtng.or(b)9 have not been notified by the isterrel Ream* Service(IRS)that 1 era subject to backup win:Wong as a reset of a faitureto report alinterest ccd'ivdands.or(c)the IRS has notified one that 1 am no forger subject to backupwahhaiding:and 3.I am a U.S.citizen or other U.S.person(d.-ned below):arid a-The FATCA code(s)entered en this torah(d=Abdicating that 1 am exempt front FATCA reporting is correct Certification instructions.You must cross cut kern 2 above if IcCU hue been lanfibd hy the IRS that you ate cureedly subject to bachp Itithoditg because you have faked to report at/detest and dividendsortpasta*reuse.Forrest estetetatsactiora,ken 2does not apply:Formatgage interest paid. ecqusitionorabandonmeentofsenredprsperty.aa.ncellatitcectdebt,canteibulion;otoanindividualretiremerlarr ment CM.andorreraly,parnents other that interest and dividendayouarenote iedtosptteceetireabo'n.but you must ptocdeyour correct TIN.Sea the inshuciBansfor Patt later. 1 Sign 5grattacof Here us.per-..art► Date► General Instructions -F rm1099-Qltr(dividends,"x[udingthose fram storks or mutual funds) Section references are to the Wend Revenue Code=f ss rrthenvse •Form 1099-MISC(various types of income,prizes.awards.or grass noted. proceeds) Future developments.For the latest information Mout(fevelopcnents •Form 1099-8(stocker mutual fund sales and certab other related to Form W-9 and its arstriitians.such as legoltet on enacted transactions by brokers) after they were par heed go to wttiavdrs gav/Frxtrr Gfl9 •Form 1t199S(proceeds from real estate tmersacteens) Purpose of Form •Form 1099-K(merchant card and ttraid party network temente/a) An iner/dua9 or entity(Fenn'01-9 requester)who is required to Re an •Form 1095(3uome mortgage interest).1093-E(student loan interest). information rerun with the I S must obtain your correct taxpayer 1095-T[withal) identification number(R which may beymr social security number •Form 1099-C(canceled debt) (SSN),incrwidua9 taxpayer tdattircatien homer RN),adoptee •Fonn 1099-A(acqusitiort ar abandonment of secured property) taxpayer identification number(AT*,or employer identification number (Elis).to report on an information return the amount paid to you,.or other Use Form W-9 only if you area U.S.person(mdudstg a resident amount reportable on an information return.Examples of i;r�Tomration . alien).to.Provide Your cared TIDY. returns include,but are not limited to,the taming. It ads not return Form W--9 to the requester wide a TI14 you mip,bt •Form 1099-INT(interest earned or paid) he subject to backup wilehokrarg.See What is baciwp withholding. Cot No.1o23tx Foam W-9(Rev.to-ante) • CITY OF ASHLAND 0 EVALUATION/SELECTION SCORING SHEET X Proposal Evaluation _Interview Evaluation Project Number:2022-12 Real Estate Services(Emergency Shelter Acquisition) Project Name: Real Estate Services(Emergency Shelter Acquisition) Consultant: C a s. 'c -Ao.. . 'Q is rvst)' "C : Evaluator: o,s o r 4rc. k Date: a P' ao 3-3 Certification:I DO NOT HAVE ANY CONFLICT OF INTEREST WITH ANY PROPOSER RESPONDING TO THIS RFP.A CONFLICT OF INTEREST MAY INCLUDE ANY FAMILY MEMBERS PRESENTLY ASSOCIATED WITH A PROPOSER,OR ANY FINANCIAL RELATIONSHIPS WITH A PROPOSER(DOES NOT INCLUDE PAST — EMPLOYMENT).I HAVE READ AND RATED THE PROPOSALS INDEPENDENTLY,AND WITHOUT INTERFERENCE OR PRESSURE FROM ANYONE.I HAVE NOT HAD CONVERSATION OR OTHER CONTACT WITH ANY OF THE PROPOSERS CONCERNING THIS RFP SINCE IT WAS ISSUED.I HAVE NOTED ANY POTENTIAL CONFLICTS OR CONCERNS ON THIS FORM. ...._ Evaluators Signature: o- ....... _ _` o Note To Evaluation Team M mbers:The comment section below each scored criteria MUST be used to justify your scores with reasons and examples/explanations regardless of the score assigned. Scoring and comments must only be based on the criteria stated in the solicitation and the responses submitted in response.Use comment section to justify your scores with reasons and specific examples as necessary.These are public record and will be shared with consultants as requested during debriefings. Page 1 of 4 CRITERIA SCORE (Max.possible score [30]points) 4.1 Project Approach a C- (30 Points Possible) Provide a description of your firm's approach to the proposed project scope of work. 11+Sev.SSQee. 04 pve.c.- es rh'.esh? c. C we..?o j i�1 . r.ao{- �n L.•o: `.e.K\r► r c 1,,<<1c r: • tilt C.v.tkesw.:eC C.� c ks1.1a,: Q_os eamSs.wrc'Sever (Max.possible score[30]points) 4.2 Project Experience (30 Points Possible) Q a. Describe how your brokerage firm is organized and how its resources will be O utilized to complete the work. b. Provide a summary of relevant commercial brokerage work experience. c. Provide a concise description of at least three (3) projects in the last ten (10) years, involving similar work to those listed in the scope of work. d. Indicate which members of the proposed project team, if any,who worked on the example projects, and their involvement. e. Submit three (3) references 0. ^S N•o c1+acese•r`-se - Pe4.I 04. 1.4..5 N.isebt� scetCo404let 1.7 (41%,6 etrR &secs:N.4.1 6-0:a* .not 'a�11 S Ne, c 1.I wi^ T‘e s ft,et..s:-e Page 2 of 4 • • (Max.possible score 1401 points) 4.3 Project Team Experience (40 Points Possible) ' Q: a. Provide a list of the key staff proposed for this project("Key Person(s)"). L� b. Indicate which individual will manage the project and be the primary contact. Indicate the specific experience this individual has managing project similar to the one proposed in this solicitation document. ✓ 0103. a .e_ derso . 1.::s\e , g:•tet. seope teet..:g c%4 c :�S%i�.a.be �� O.SS..w..a + .G- cm44.4• s keh .S : i-4. — a. Proie.e.t NefSael•. "' .e&A,s `4n :i 86..t.4 30 . ;c�,.e�r<anea S '"gt. a'cce.'e1t1 "No 1-N%::S . t •C'— 5ci .o, C•.s.' .t.'► c1-^. Proposal Criteria Proposals shall include the following information: a. Brokerage Firm Information: The proposal shall contain the legal name and address of the company,including the legal form of the company(partnership,corporation,joint venture, etc.). b. Experience of the Brokerage Firm: The proposal shall include the firm background and at least three references. c. Years of Experience: The proposal shall include the total number of years the firm has been operating as a real estate broker. d. Qualifications of the Project Team or Individual: The proposal shall contain the name(s)of the individual(s) and experience of each that will be directly involved with the project. e. Detailed Scope of Work: The proposal shall contain enough detail to demonstrate an understanding of the project and checklist of responsibilities; including any additional services that might be available. Page 3 of 4 f. Fee Proposal: The proposal shall include a fee schedule to include the following: commission or hourly rate for the research and potential acquisition acting as buyers agent for the project. g. Conflict of Interest: Documentation that personal or organization conflicts of interest prohibited by law do not exist. • Page 4 of 4 • SECTION 8-PROPOSAL FORM Proposals should be prepared and organized in a clear and concise manner and must include all information required by this RFP. Headers,Titles or.Tabs should be used to identify required information. Responses to the Evaluation Criteria found in Section 4 shall be organized in the same order listed in that Section,preferably by re-stating the criteria and then responding below the restated criteria. REQUIRED RESPONSE DOCUMENTS THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE: (Place a check in front of the item indicating inclusion in your response) 'ESPONSE TO ALL EVALUATION CRITERIA listed in Section 4 L SE TION 8—Proposal Form Ili Independent Contractor Certification MWESB INFORMATION The City encourages contracting with minority owned,woman owned,and emerging small business (MWESB). The State of Oregon offers a certification process. Indicate below if your business is a MWESB and if so,which categories have been state certified. MWESB certified? Yes No yes, indicate which categories below: Minority Owned_ Woman Owned_ Emerging Small Business_ Veteran Owned ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO PROPOSAL DOCUMENTS: Proposer acknowledges receipt of Addenda and agrees to be bound by their contents. Circle each RFP addendum received: 1,2,3,4,5,6,7,8,9,10 Check if not applicable or if no addenda were received: PROPOSER INFORMATION: (7 f 4-2 Proposer Company Name Company Address (from which work will be perforfned) 69/ 70f- Telephone Number Fax Number FEDERAL ID NUMBER • 17 Printed Name of Person Signing RFP: (Ct Title: 'a rilZr.;014L-/ ate.44e..---- ( Signature: M Email Address: et id\- Q 64-s-4 A-013 )4.15C .4"1.11. e"C 4 "I ( 4-44-... I ,_. I 18 . n 638 N.Main St. CASCAD BA Ashland,0R 97520 P R��� P:541.690.6736 Project#: 2022-12 Project Type: Real Estate Broker Services Proposal Date: May 4, 2023 Submitted Proposal To: City of Ashland Public Works Engineering 51 Windburn Way Ashland, OR 97520 City Project Manager: Scott Fleury P.E., Public Works Director Project Duration: Phase 1: Property Investigation &Itemization Phase 2: Broker Services Brokerage Firm: Cascadia Prime, LLC 638 N. Main St.Ste.B Ashland,OR 97520 Oregon Limited Liability Company Files as Sole Proprietorship Tax ID: 305961690 Oregon Real Estate Lic: 201249429 Firm's Experience: Founded 2018 By Eric Herron Representing Buyers,Sellers, Landlords,Tenants Currently have over$10,000,000 under contract and Closed on $2,200,000+7 Leases this calendar year. Reference 1: Nancy Solano;Ashland Creek Campground; M:512.736.4148; E: nlhaggerty@gmail.com Reference 2: Pam Marsh; 696 Siskiyou Blvd.,Ashland OR 97520; M: 541.282.4516; E:pam:marsh@gmail.com Reference 3: Cass Sinclair; 2350 Ashland St.,Ashland OR 97520; M: 541.941.6300; E: cass@helpingashlandorg Years of Experience: Eric Herron, Principal Broker 6; Firm 2 Qualification of Individual: Eric Herron, Licensed Real Estate Broker for 7 years and 2 years as a Principal Broker in Oregon. Purchased first investment property at age 18(1998)and currently own 2 commercial properties in Ashland with a new$3,000,000 development going up in Phoenix OR. 100%of licensed Real Estate Transactions have been commercial real estate in the Rogue Valley. First 5 years of experience was a commercial real estate broker for Full Circle Real Estate,Ashland OR.Currently City of Ashland Planning Commissioner.15 years of experience 638 N.Main St. CASCADII Ashland,OR 97520 PR If II P:541.690.6736 in commercial/industrial electrical contracting industry with titles:Journeyman, Master Electrician, Estimator, Projector Manager, Branch Manager, Executive VP,COO of$40,000,000 electrical contractor with over 400 field electricians. Detailed Scope of Work: Beyond the qualifications mentioned above, I have worked with Parks Director Michael Black to secure,sell, request easements, contract appraisals,assess potential development for City Parks properties. I am co-developer on Phoodery project in Phoenix OR.As a resident of Ashland,I am familiar with market trends, property uses and development potential. Fee Proposal: $125 per hour. $11%OH/P on all subcontractors approved by City of Ashland required to be retained on the project,i.e.: surveyor,appraiser,outside legal,environmental consultant. $7,300 Commission on properties that Close,Sold or Purchased. Excludes: Real Estate Commission to be paid on the side of any transaction that has a Real Estate Agent. Conflict of Interest: None, unless it's City of Ashland Planning Commissioner. Project Approach: I, Eric Herron would approach the project by first looking at the properties City of Ashland has in possession and determine the practicality of the City Emergency Shelter being developed on those properties. If none are suitable, I will utilize personal and public databases to run feasibility studies on identified properties that could be acquired for such development. Upon identify the property to develop, I would then get the property under a Letter of Intent and meet with contractors/AE teams/Planning&Building Dept to determine constructability and rough cost of such a project. If the project is approved, I would work with City of Ashland to procure the property, develop a scope of work to retain a construction team needed to develop the project. I would work with City of Ashland to sell surplus properties to fund some of the development. Project Experience:(see previous references). I represented OHRA to acquire the"Super 8" property,grant work to get the funds for the project and secured A/E firm and GC to buildout the needed elevator and other life safety systems. I represented the Buyer on the Ashland Creek Campground near Emigrant Lake. I represented Green Spring Resort changing business model and selling,closes 5/5/23. Project-Te: c Herron.See Qualifications above. Principal Broker, Owner of Cascadia Prime LLC OR lic: 201218616 11 CITY OF ASHLAND BUSINESS REGISTRATION I 'For Services Provided in the City of Ashland,Oregon Only" Expiration Date 6/30/2023 This is a registration only. It is the sole responsibility of the applicant to ensure compliance with all applicable federal, state, and local laws, ordinances, or regulations. Business Account ID Renewal fees will automatically apply each year on July 1 unless the City is notified that you are no longer doing business in Ashland. 14004805 Business Location 638 N MAIN ST STE B ASHLAND,OR 97520-1887 CASCADIA PRIME, LLC 638 N MAIN ST STE B ASHLAND,OR 97520-1887 2022 - 2023 NOT TRANSFERABLE OR ASSIGNABLE. For all Inquiries regarding this certhicate,contact HOL Business Support Center at(641)304-219D TO BE POSTED IN A CONSPICUOUS PLACE CASCADIA PRIME,LLC: Thank you for your payment on your City of Ashland Business Registration.ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST.If you have questions concerning your business registration,contact the Business Support Center via email at:ashlandor@hdlgov.com or by telephone at:(541)304-2190. Keep this bottom portion of your certificate separate in case you need a replacement for any lost,stolen,or destroyed certificate.A fee may be charged for a replacement or duplicate certificate. priii BUSINESS SUPPORT CENTER 0 8839NCEDARAVE#212 City Of Ashland raft FRESNO,CA 93720-1832 BUSINESS REGISTRATION CASCADIA PRIME, LLC Account Number: 14004805 638 N MAIN.ST STE B ASHLAND, OR 97520-1887 Date of Issue: 09/26/2022 C.....--)8c) CITY OF ASHLAND EVALUATION/SELECTION SCORING SHEET X Proposal Evaluation _Interview Evaluation Project Number:2022-12 Real Estate Services(Emergency Shelter Acquisition) Project Name: Real Estate Services(Emergency Shelter Acquisition) Consultant: (.�i�JSG9 1}7 J£; LZ c Evaluator: ��G ---L 0,/^0-0A) Date: S. /7 2623 // Certification: I DO NOT HAVE ANY CONFLICT OF INTEREST WITH ANY PROPOSER RESPONDING TO THIS RFP.A CONFLICT OF INTEREST MAY INCLUDE ANY FAMILY MEMBERS PRESENTLY ASSOCIATED WITH A PROPOSER,OR ANY FINANCIAL RELATIONSHIPS WITH A PROPOSER(DOES NOT INCLUDE PAST EMPLOYMENT).I HAVE READ AND RATED THE PROPOSALS INDEPENDENTLY,AND WITHOUT INTERFERENCE OR PRESSURE FROM ANYONE.I HAVE NOT HAD CONVERSATION OR OTHER CONTACT WITH ANY OF THE PROPOSERS CONCERNING THIS RFP SINCE IT WAS ISSUED.I HAVE NOTED ANY POTENTIAL CONFLICTS OR CONCERNS ON THIS FORM. Evaluators Signature: Note To Evaluation Team embers:The comment section below each scored criteria MUST be used to justify your scores with reasons and examples/explanations regardless of the score assigned. Scoring and comments must only be based on the criteria stated'in the solicitation and the responses submitted in response.Use comment section to justify your scores with reasons and specific examples as necessary.These are public record and will be shared with consultants as requested during debriefings. Page 1 of 4 • CRITERIA, - SCORE' (Max.possible score 1301 points) 4.1 Project Approach (30 Points Possible) Provide a description of your firm's approach to the proposed project scope of work. - ?EPRESE? 3aY6V,, 5EiL RSA Lif+� 66$ ' 3 7t..605 - Jor'1 UaDaft awn?"'T, �2 241 GOOSED Z5 VD3R- - KrElv r7RoPQ2 S a►wNFlj 'v Czr 414,p '"bosTm : wi/. '# NAy Tzst ?R t ' — Nowt �w o LD SE�¢.r?cH F5i .5:51—J),! t HAr;-" J4egeo - wO u, / N vE enixoci t/ caa.CGP71:0.1 El�PN1 T lfL E tNA-Y 'Ta 7170ccrni4pw OF A£ t'Rb.e' 4t dN'7,e. e/41TRuca0/4 (Max.possible score[301 points) 4.2 Project Experience (30 Points Possible) a. Describe how your brokerage firm is organized and how its resources will be utilized to complete the work. b. Provide a summary of relevant commercial brokerage work experience. c. Provide a concise description of at least three (3) projectsinthe last ten (10) years, involving similar work to those listed in the scope of•work. d. Indicate which members of the proposed project team, if any,who worked on the example projects, and their involvement. e. Submit three (3) references — .So[E rnPi-oYG .oP CAs PRi17E 77/RFt= `,PR14.JEcq`S. • .O A. "Su? S" PRastZT • -45//44.0 corae aim/Poor/ND •. 44?E .St•o* "?Bsoyer Nor E oN " 1Pa1Etrs no..D .I(6W ABY M ;HT 'R£JA7 .577765• Zi& ep,o4tvait Page 2 of 4 (Max.possible score [401 points) 4.3 Project Team Experience (40 Points Possible) a. Provide a list of the key staff proposed for this project ("Key Person(s)"). b. Indicate which individual will manage the project and be the primary contact. Indicate the specific experience this individual has managing project similar to the one proposed in this solicitation document. — Soak" PRor'r2 R — t-f N ANY d("ra 2" Area" Proposal Criteria Proposals shall include the following information: a. Brokerage Firm Information: The proposal shall contain the legal name and address of the company,including the legal form of the company (partnership,corporation,joint venture, etc.). b. Experience of the Brokerage Firm: The proposal shall include the firm background and at lest three references. c. Years of Experience: The proposal shall include the total number of years the firm has been operating as a real estate broker. d. Qualifications of the Project Team or Individual: The proposal shall contain the name(s) of the individual(s) and experience of each that will be directly involved with the project. e. Detailed Scope of Work: The proposal shall contain enough detail to demonstrate an understanding of the project and checklist of responsibilities;including any additional services that might be available. Page 3 of 4 f. Fee Proposal: The proposal shall include a fee schedule to include the following: commission or hourly rate for the research and potential acquisition acting as buyers agent for the project. g. Conflict of Interest: Documentation that personal or organization conflicts of interest prohibited by law do not exist. Page 4 014 ' I SECTION 8-PROPOSAL FORM Proposals should be prepared and organized in a clear and concise manner and must include all information required by this RFP. Headers,Titles or Tabs should be used to identify required information. Responses to the Evaluation Criteria found in Section 4 shall be organized in the same order listed in that Section,preferably by re-stating the criteria and then responding below the restated criteria. REQUIRED RESPONSE DOCUMENTS THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE: (Place a check in front of the item indicating inclusion in your response) [kg/ESPONSE TO ALL EVALUATION CRITERIA listed in Section 4 E iECTION 8—Proposal Form gief Contractor Certification MWESB INFORMATION The City encourages contracting with minority owned,woman owned,and emerging small business (MWESB). The State of Oregon offers a certification process. Indicate below if your business is a MWESB and if so,which categories have been state certified. MWESB certified? Yes No L- if yes, indicate which categories below: Minority Owned Woman Owned Emerging Small Business Veteran Owned ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO PROPOSAL DOCUMENTS: Proposer acknowledgesreceipt of.Addenda and agrees to be bound by their contents. Circle each RFP addendum received: 1,2,3,4,5,6,7,8,9,10 Check if not applicable or if no addenda were received: PROPOSER INFORMATION: 4,41 ZZ 1 Proposer Company Name Si2L 7- a Company Address(from which work will be performed) Telephone Number Fax Number FEDERAL ID NUMBER 17 Printed Name of Person Signing RFP: Title: P4/;•fre-,,,,,' Signature: Email Address: erte, Ap AMeCrldilite..<ett 19 1, • 18 1441'n 638 N.Main St. CASCADIA Ashland, P 541690 6736 PRIME Project#: 2022-12 Project Type: Real Estate Broker Services Proposal Date: May 4, 2023 Submitted Proposal To: City of Ashland Public Works Engineering 51 Windburn Way Ashland,OR 97520 City Project Manager: Scott Fleury P.E.,Public Works Director Project Duration: Phase 1: Property Investigation &Itemization Phase 2: Broker Services Brokerage Firm: Cascadia Prime,LLC 638 N. Main St.Ste.B Ashland,OR 97520 Oregon Limited Liability Company Files as Sole Proprietorship Tax ID: 305961690 Oregon Real Estate Lic:201249429 Firm's Experience: Founded 2018 By Eric Herron Representing Buyers,Sellers,Landlords,Tenants Currently have over$10,000,000 under contract and Closed on $2,200,000+7 Leases this calendar year. Reference 1: Nancy Solano;Ashland Creek Campground; M:512.736.4148; E: nlhaggerty@gmail.com Reference 2: Pam Marsh; 696 Siskiyou Blvd.,Ashland OR 97520; M: 541.282.4516;E:pam.marsh@gmail.com Reference 3: Cass Sinclair;2350 Ashland St.,Ashland OR 97520; M:541.941.6300; E: .cess@helpingashland.org Years of Experience: Eric Herron, Principal Broker 6; Firm 2 Qualification of Individual: Eric Herron, Licensed Real Estate Broker for 7 years and 2 years as a Principal Broker in Oregon. Purchased first investment property at age 18(1998)and currently own 2 commercial properties in Ashland with a new$3,000,000 development going up in Phoenix OR. 100%of licensed Real Estate Transactions have been commercial real estate in the Rogue Valley. First 5 years of experience was a commercial real estate broker for Full Circle Real Estate,Ashland OR.Currently City of Ashland Planning Commissioner. 15 years of experience } Q� 44) 638 N.Main St. CASCARIA Ashland,0R 97520 PR 1�0 P:541.690.6736 in commercial/industrial electrical contracting industry with titles:Journeyman, Master Electrician, Estimator, Projector Manager, Branch Manager, Executive VP, COO of$40,000,000 electrical contractor with over 400 field electricians. Detailed Scope of Work: Beyond the qualifications mentioned above, I have worked with Parks Director Michael Black to secure,sell, request easements,contract appraisals,assess potential development for City Parks properties. I am co-developer on Phoodery project in Phoenix OR.As a resident of Ashland, I am familiar with market trends, property uses and development potential. Fee Proposal: $125 per hour. $11%OH/P on all subcontractors approved by City of Ashland required to be retained on the project, i.e.:surveyor,appraiser, outside legal,environmental consultant. $7,300 Commission on properties that Close, Sold or Purchased. Excludes: Real Estate Commission to be paid on the side of any transaction that has a Real Estate Agent. Conflict of Interest: None, unless it's City of Ashland Planning Commissioner. Project Approach: I, Eric Herron would approach the project by first looking at the properties City of Ashland has in possession and determine the practicality of the City Emergency Shelter being developed on those properties. If none are suitable, I will utilize personal and public databases to run feasibility studies on identified properties that could be acquired for such development.Upon identify the property to develop, I would then get the property under a Letter of Intent and meet with contractors/AE teams/Planning&Building Dept to determine constructability and rough cost of such a project. If the project is approved, I would work with City of Ashland to procure the property,develop a scope of work to retain a construction team needed to develop the project. I would work with City of Ashland to sell surplus properties to fund some of the development. Project Experience:(see previous references) I represented OHRA to acquire the"Super 8" property,grant work to get the funds for the project and secured A/E firm and GC to buildout the needed elevator and other life safety systems. I represented the Buyer on the Ashland Creek Campground near Emigrant Lake. I represented Green Spring Resort changing business model and selling,closes 5/5/23. Project.Te• is H: ron.See Qualifications above. Principal Broker, Owner of Cascadia Prime LLC OR lic: 201218616 5-/y/z3 L.4 CITY OF ASHLAND BUSINESS REGISTRATION rift 'For Services Provided in the City of Ashland,Oregon Only" Expiration Date 6/30/2023 This is a registration only. It is the sole responsibility of the applicant to ensure compliance with all applicable federal, state, and local laws, ordinances, or regulations. Business Account ID Renewal fees will automatically apply each year on July 1 unless the City is notified that you are no longer doing business in Ashland. 14004805 Business Location 638 N MAIN ST STE B ASHLAND,OR 97520-1887 CASCADIA PRIME,LLC 638 N MAIN ST STE B ASHLAND,OR 97520-1887 2022 - 2023 NOT TRANSFERABLE OR ASSIGNABLE. For ail Inquiries regarding this certificate,contact Hdl.Business Support censer et(641)304.2190 TO BE POSTED IN A CONSPICUOUS PLACE CASCADIA PRIME,LLC: Thank you for your payment on your City of Ashland Business Registration.ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST.If you have questions concerning your business registration,contact the Business Support Center via email at:ashlandor@hdigov.com or by telephone at:(541)304-2190. Keep this bottom portion of your certificate separate in case you need a replacement for any lost,stolen,or destroyed certificate.A fee may be charged for a replacement or duplicate certificate. pm BUSINESS SUPPORT CENTER rjo 8839 N CEDAR AVE#212 City of Ashland FRESNO,CA 93720-1832 ' BUSINESS REGISTRATION CASCADIA PRIME, LLC Account Number: 14004805 638 N MAIN ST STE B ASHLAND, OR 97520-1887• Date of Issue: 09/26/2022 5 CITY OF ASHLAND EVALUATION/SELECTION SCORING SHEET X Proposal Evaluation _Interview Evaluation Project Number:2022-12 Real Estate Services(Emergency Shelter Acquisition) Project Name: Real Estate Services(Emergency Shelter Acquisition) • Consultant: FlL. 4:I p, 64\SLd4id fat Evaluator: Date: S.Q.,2.023 Certification: I DO NOT HAVE ANY CONFLICT OF INTEREST WITH ANY PROPOSER RESPONDING TO THIS RFP.A CONFLICT OF INTEREST MAY INCLUDE ANY FAMILY MEMBERS PRESENTLY ASSOCIATED WITH A PROPOSER,OR ANY FINANCIAL RELATIONSHIPS WITH A PROPOSER(DOES NOT INCLUDE PAST EMPLOYMENT).I HAVE READ AND RATED THE PROPOSALS INDEPENDENTLY,AND WITHOUT INTERFERENCE OR PRESSURE FROM ANYONE.I HAVE NOT HAD CONVERSATION OR OTHER CONTACT WITH ANY OF THE PROPOSERS CONCERNING THIS RFP SINCE IT WAS ISSUED.I HAVE NOTED ANY POTENTIAL CONFLICTS OR CONCERNS ION THIS FORM. Evaluators Signature: � r i Note To Evaluation Team Members: section below each scored criteria MUST be used to justify your scores with reasons and examples/explanations regardless of the score assigned. Scoring and comments must only be based on the criteria stated in the solicitation and the responses submitted in response.Use comment section to justify your scores with reasons and specific examples as necessary.These are public record and will be shared with consultants as requested during debriefings. • Page 1 of 4 CRITERIA SCORE (Max.possible score 1301 points) 4.1 Project Approach 25 (30 Points Possible) Provide a description of your firm's approach to the proposed project scope of work. air tir w. Fsetsvi ;e_ 6 ,,1$N caLzste: ss.4. ficcser• voareit:C.4--Cr rain. ;N v. c .'Z u.v6C oC creta) -t-r: W O'S Lops o tent Wimtrj,t."‘AA e.piLsSCe:t tti3 d� ,Q�2t— Or=: e4.004ii t Nom• gefo v-IS (Max.possible score[301 points) 4.2 Project Experience (30 Points Possible) 25 a. Describe how your brokerage firm is organized and how its resources will be utilized to complete the work. b. Provide a summary of relevant commercial brokerage work experience. i7c. Provide a concise description of at least three (3) projects in the last ten (10) years, involving similar work to those listed in the scopeof work. d. Indicate which members of the:proposed project team, if any,who worked on the example projects, and their involvement. e. Submit three (3) references h Pit,e F‘1414-4 + erroz.wic:fut._ cot— . .L.cua t— et U Fed. ,sa.ev i w .a2 5 _ A eritc� Page 2 of 4 1 _ - (Max.possible score [401 points) 4.3 Project Team Experience (40 Points Possible) SS a. Provide a list of the key staff proposed for this project("Key Person(s)"). b. Indicate which individual will manage the project and be theprimary contact. Indicate the specific experience this individual has managing project similar to the one proposed in this solicitation document. —/' a 4C— — toef 6.r4.0Pate4 caS Proposal Criteria Proposals shall include the following information: d a. Brokerage Firm Information: The proposal shall contain the legal name and address of the company,including the legal form of the company(partnership, corporation,joint ��l venture,etc.). 'U b. Experience of the Brokerage Firm: The proposal shall include the firm background and / at least three references. c. Years of Experience: The proposal shall include the total number of years the firm has been operating as a real estate broker. j d. Qualifications of the Project Team or Individual: The proposal shall contain the name(s)of the individual(s)and experience of each that will be directly involved with the project. e. Detailed Scope of Work: The proposal shall contain enough detail to demonstrate an • understanding of the project and checklist of responsibilities; including any additional services that might be available. Page of f. Fee Proposal: The proposal shall include a fee schedule to include the following: commission or hourly rate for the research and potential acquisition acting as buyers Jagent for the project. g. Conflict of Interest: Documentation that personal or organization conflicts of interest prohibited by law do not exist. Page 4 of 4 SECTION 8-PROPOSAL FORM Proposals should be prepared and organized in a clear and concise manner and must include all information required by this RFP. Headers,Titles or.Tabs should be used to identify required information. Responses to the Evaluation Criteria found in Section 4 shall be organized in the same order listed in that Section,preferably by re-stating the criteria and then responding below the restated criteria. REQUIRED RESPONSE DOCUMENTS THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE: (Place a check in front of the item indicating inclusion in your response) IMESPONSE TO ALL EVALUATION CRITERIA listed in Section 4 Ei SECTION 8—Proposal Form dependent Contractor Certification MWESB INFORMATION The City encourages contracting with minority owned,woman owned,and emerging small business (MWESB). The State of Oregon offers a certification process. Indicate below if your business-is a MWESB and if so,which categories have been state certified. MWESB certified? Yes No 1/ If yes, indicate which categories below: Minority Owned Woman OwnedEmerging Small BusinessVeteran Owned ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO PROPOSAL DOCUMENTS: Proposer acknowledges receipt of Addenda and agrees to be bound by their contents. Circle each RFP addendum received: 1,2,3,4,5,6,7,8,9,10/ Check If not applicable or if no addenda were received: y PROPOSER INFORMATION: 6.5C4- in- 34Zt L Proposer Company Name S d i► Company Address(from which work will be performed) • Telephone Number Fax Number FEDERAL ID NUMBER 17 Printed Name of Person Signing RFP: PrC Title: A ke,ipA Signature: Email Address: ,.44 e."4-rie3_ 18 144 638 N.Main St. CASCADIA Ashland,OR 97520 !RVME. P:541:690.6736 Project#: 2022-12 Project Type: Real Estate Broker Services Proposal Date: May 4, 2023 Submitted Proposal To: City of Ashland Public Works Engineering 51 Windburn Way Ashland, OR 97520 City Project Manager: Scott Fleury P.E., Public Works Director Project Duration: Phase 1: Property Investigation&Itemization Phase 2: Broker Services Brokerage Firm: Cascadia Prime, LLC 638 N. Main St.Ste. B Ashland,OR 97520 Oregon Limited Liability Company Files as Sole Proprietorship Tax ID:305961690 Oregon Real Estate Lic:201249429 Firm's Experience: Founded 2018 By Eric Herron Representing Buyers,Sellers, Landlords,Tenants Currently have over$10,000,000 under contract and Closed on $2,200,000+7 Leases this calendar year. Reference 1: Nancy Solano;Ashland Creek Campground;M:512.736.4148; E: nlhaggerty@gmail.com Reference 2: Pam Marsh;696 Siskiyou Blvd.,Ashland OR 97520; M:541.282.4516; E: pam.marsh@kmail.com Reference 3: Cass Sinclair;2350 Ashland St.,Ashland OR 97520; M:541.941.6300; E: :cass@helpingashland.org Years of Experience: Eric Herron, Principal Broker 6; Firm 2 Qualification of Individual: Eric Herron, Licensed Real Estate Broker for 7 years and 2 years as a Principal Broker in Oregon. Purchased first investment property at age 18(1998)and currently own 2 commercialproperties in Ashland with a new$3,000,000 development going up in Phoenix OR. 100%of licensed Real Estate Transactions have been commercial real estate in the Rogue Valley. First 5 years of experience was a commercial real estate broker for Full Circle Real Estate,Ashland OR.Currently City of Ashland Planning Commissioner.15 years of experience 1 14* • 638 N.Main St. CASCADIA Ashland,OR 97520 PRIME P:541.690.6736 in commercial/industrial electrical contracting industry with titles:Journeyman, Master Electrician, Estimator, Projector Manager, Branch Manager, Executive VP, COO of$40,000,000 electrical contractor with over 400 field electricians. Detailed Scope of Work: Beyond the qualifications mentioned above, I have worked with Parks Director Michael Black to secure,sell, request easements,contract appraisals,assess potential development for City Parks properties. I am co-developer on Phoodery project in Phoenix OR.As a resident of Ashland, I am familiar with market trends, property uses and development potential. Fee Proposal: $125 per hour. $11%OH/P on all subcontractors approved by City of Ashland required to be retained on the project, i.e.:surveyor,appraiser,outside legal, environmental consultant. $7,300 Commission on properties that Close,Sold or Purchased. Excludes: Real Estate Commission to be paid on the side of any transaction that has a Real Estate Agent. Conflict of Interest: None, unless it's City of Ashland Planning Commissioner. Project Approach: I, Eric Herron would approach the project by first looking at the properties City of Ashland has in possession and determine the practicality of the City Emergency Shelter being developed on those properties. If none are suitable, I will utilize personal and public databases to run feasibility studies on identified properties that could be acquired for such development. Upon identify the property to develop,I would then get the property under a Letter of Intent and meet with contractors/AE teams/Planning&Building Dept to determine constructability and rough cost of such a project. If the project is approved, I would work with City of Ashland to procure the property, develop a scope of work to retain a construction team needed to develop the project. I would work with City of Ashland to sell surplus properties to fund some of the development. Project Experience:(see previous references) I represented OHRA to acquire the"Super 8" property,grant work to get the funds for the project and secured A/E firm and GC to buildout the needed elevator and other life safety systems. I represented the Buyer on the Ashland Creek Campground near Emigrant Lake. I represented Green Spring Resort changing business model and selling,closes 5/5/23. Proje T- • :Eri Herron.See Qualifications above. r�incipal Broker, Owner of Cascadia Prime LLC OR lic: 201218616 4//z.