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HomeMy WebLinkAbout2019-318 Agrmt- Richard Stevens & Assoc., Inc PERSONAL SERVICES AGREEMENT ($25,000.00 or less) a s y49 CONSULTANT: Richard Stevens &Associates, Inc. o CONSULTANT'S CONTACT: Clark Stevens • 4�x; �S P%4t' \ FeGR< City of Ashland ADDRESS: 100 East Main St. Suite 0, Medford, OR 97501 Ashland Parks and Recreation 340 S Pioneer Street TELEPHONE: 541-773-2646 Ashland,Oregon 97520 - Telephone: 541-488-5340 EMAIL: cstevens@mind.net Fax: 541-488-5314 This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Richard Stevens & Associates a domestic business corporation ("hereinafter "Consultant"), for land use planning services related to the annexation of T.39S-R.1E-S.11CB, Tax Lots 100 &200 into the City of Ashland. 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, 2020 2. Scope of Work: Consultant will provide lands and planning service to formally incorporate two parcels into the City of Ashland primarily for Parks and Recreation purposes, as more fully set forth in the Consultant's Proposal dated November 14, 2019, which is attached hereto as "Exhibit A" and incorporated herein by this reference. Consultant's services are collectively referred to herein as the "Work." 3. Supporting Documents/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. Page 1 of 5: Personal Services Agreement with Richard Stevens and Associates,Inc. 6. Compensation: City shall pay Consultant the hourly rate of$140 (one hundred forty dollars) as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of $19,600.00 (nineteen thousand six hundred 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 $21,127.46 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, claims, subrogations, actions, costs,judgments, or other damages, caused solely by the 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 Page 2 of 5: Personal Services Agreement with Richard Stevens and Associates,Inc. iii. If any license or certificate required by law or regulation to be held by Consultant to provide 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 $2,0000,000"(twomilhori 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. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,0400,000.(one n ilhon dollars) for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. Page 3 of 5: Personal Services Agreement with Richard Stevens and Associates,Inc. 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 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. Page 4 of 5: Personal Services Agreement with Richard Stevens and Associates,Inc. 19. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 20. 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. 21. Certification. Consultant shall execute the certification attached hereto as "Exhibit C" and incorporated herein by this reference. 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: Richard tevens & ;�..tes, (CONSULTANT): av By:-- By: l gl'� ,I,PP Signature Signature pil i d i t'if A . bok.rt Printed Name Printed Name prearl- 9,e5.‘•&on/1/4CA-- Title Title /S !3 � IZ/q l`t Dat Date (W-9,is to be submitted with this signed Agreement) Purchase Order No. Page 5 of 5: Personal Services Agreement with Richard Stevens and Associates,Inc. 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 livin• wa•e. $15.12 per hour, effective June 30,,2018. The Living Wage is adjusted annually every June 30 by the Consumer Price 'Index.. . Employees must be paid a portion of business of their of health care, retirement, living wage: employer, if the employer has 401K and IRS eligible ten or more employees, and cafeteria plans(including has received financial childcare) benefits to the assistance for the project or amount of wages received by ➢ For all hours worked under a business from the City of the employee. service contract between their Ashland in excess of employer and the City of $21,127.46. > Note: For temporary and Ashland if the contract part-time employees,the exceeds $21,127.46 or more. ➢ If their employer is the City of Living Wage does not apply Ashland, including the Parks to the first 1040 hours worked > For all hours worked in a and Recreation Department. in any calendar year. For month if the employee spends more details, please see 50%or more of the ➢ In calculating the living wage, Ashland Municipal Code employee's time in that month employers may add the value Section 3.12.020. working on a project or 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 EXHIBIT C SHLAND Page 1 of 1 EXHIBIT B 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. (1) Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. V (4) Labor or services are performed only pursuant to written contracts. I/ (5) Labor or services are performed for two or more different persons within a period of one year. (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. _ 00.6,L Consultant's signature V2-/14 Date Page 2 of 1 EXHIBIT C W-9 Request for Taxpayer Give Form to the Form (Rev.October 2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest Information. 1 Name(as shown on your income tax return).Name is required on this tine;do not leave this line blank. tZ{G4 D 9t tz i P -tAi t(b . 2 Business name/disregarded entity name.If different from above 0 3 Check appropriate box for federal tax classification of the 0person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to lut following seven boxes. certain entities,not Individuals;see a on page 3): g 0 IndividuaVsote proprietor or 0 C Corporation LIKIS Corporation 0 Partnership 0 Trust/estate single-member LLC Exempt payee code(if any) 0 0 Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)P. `o i Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC If the LLC is classified as a single-member LLC that Is disregarded from the owner unless the owner of the LLC Is ( y) a nanother LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code d an E is disregarded from the owner should check the appropriate box for the tax classification of its owner. g 0 Other(see instructions)P. Whites to•ccounh nwmalned outside to U.S.) yC 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) $ 100E • Ma(Ieslk• Sums0 cn 8 City,state,and ZIP code 7 List account number(s)here(optional Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other — — entities,it is your employer Identification number(E1N).If you do not have a number,see How to get a TIN,later. Part II Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Here Signature s p rsonf►. 1tiCkAV ,Uj'i(4... Date► `j* pi •Form 1099-DIV(dividends,including those from stocks or mutual General Instruc • funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099.8(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/Fom1W9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),Individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns Include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) ' � OR CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) ' 12/04/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 Asher \ NAME: , Ashland Insurance Inc PHONE (541)482-0831 FAX (541)488-5851 (A/C,No,Ext): (A/C,No): 585 A Street Suite 1 E-MAIL jasher@ashlandinsurance.com ADDRESS: P.0.Box 880 INSURER(S)AFFORDING COVERAGE NAIC# Ashland OR 97520 INSURERA: Continental Casualty Ins 20443 INSURED INSURER B: SAIF Corporation Richard Stevens&Associates Inc INSURER c: Victor 0.Schinnerer 100 E MAIN ST STE 0 INSURER D: INSURER E: MEDFORD OR 97501 INSURERF: COVERAGES CERTIFICATE NUMBER: 19-20 Cert REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/OD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $ 1,000,• DAMAGE RENTED 000 CLAIMS-MADE n OCCUR PREM SESO(Ea occurrence) $ 300,000 MED EXP(Any one person) $ 10,000 A Y 6024661642 01/05/2019 01/05/2020PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY n zi. n LOCPRODUCTS-COMPlOP AGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) _ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ _ AUTOS ONLY _ AUTOS ONLY (Per accident) _ $ .UMBRELLA LIAB OCCUR EACH OCCURRENCE $ ^— EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY - STATUTE ER Y/N 500000 B ANY PROPRIETOR/PARTNER/EXECUTIVE Y N/A 739606 12/01/2019 12/01/2020 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER ER EXCLUDED? , (Mandatory In NH) - E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ ERRORS&OMISSIONS LIABILITY EACH OCCURRENCE $1,000,000 C Y MCH288343181 01/01/2018 01/01/2020 GENERAL AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) The City.of Ashland,its elected officials,officers&employees are included as additional insureds.This form is subject to policy terms,conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 340 S Pioneer St AUTHORIZED REPRESENTATIVE Ashland OR 97520 oird1t ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD RICHARD STEVENS & ASSOCIATES, INC. i" P.O.Box 4368 100 E.Main St.,Suite 0 E-mail: cstevens@mind.net 'r " Medford,OR 97501 Phone:(541)773-2646 . Website: rsaoreeon.com (Ica% Fax:(5¢1)858-8947 November 14,2019 \ • J Michael Black,Parks& Recreation Director Ashland Parks&Recreation 1195 E. Main Street Ashland,OR 97520 • RE: Proposal for Annexation into City of Ashland (T.39S-R.1E-S.11CB,Tax Lots 100 &200) As requested, the following is a proposal for land use planning services related to the annexation of two properties, described above, into the City of Ashland,Jackson County. 1. Scope of Work&Services: This proposal is to formally incorporate two parcels,into the City of Ashland,primarily for future park and recreational purposes. Upon your request, to accomplish this goal we would conduct the appropriate research, project coordinate, prepare findings, prepare the required application packet(s) and supporting documentation, attend essential meetings and represent the applicant at the public hearings. This work performed by Richard Stevens & Associates, Inc. doesn't include wetlands delineation, tree inventory, landscaping, surveying, engineering, site plan, or other outside professional services. However, some of these tasks may be necessary for the application tobe deemed complete by the City of Ashland Planning Department and to receive a favorable:decision from the City Council. For terms and conditions that apply to the work authorized, please refer to the attached Exhibit"A". ' b 2. Cost Estimates: We are proposing a multi-step process for the project. First is the preparation of the Pre- Application Conference documentation. Second is the preparation and submission of the Annexation application. The estimated time to provide these services is approximately 40-80 hours (our average fee for this type of application is $8,500), at our hourly rate of $140.00. Please note that we only bill you for the time it takes to perform the tasks done during each billing period and to complete the findings/application (not to exceed $11,200). A third step that will be needed for the development of the park and proposed improvements is a site design application. The estimated time for this application is approximately 30-60 hours,at our hourly rate of$140.00(not to exceed$8,400). Ashland application filing fees may also be applicable, and are in addition to our estimates above. Invoices for time billed shall be sent to clients on the 16th of each month. Additional professional services may be required to accomplish the various applications before the City Council hearing (wetlands consultant, civil engineer, surveyor, etc.). Services rendered by these third parties will be billed directly to the clients by said contractors or consultants and are not a part of the RSA quotes above. If any extraordinary factors are • found that are above the anticipated research and inquiry that exceeds our time estimate, we will contact you prior to proceeding. 3.Timelines: To conduct the research, prepare and submit for the Pre-Application Conference we estimate approximately 2-4 weeks. 'To prepare the Annexation findings and application packet, we estimate approximately 4-6 weeks, when sufficient applicable information is provided to proceed. We appreciate the opportunity to work on this project with you. Please do not hesitate to call our office at(541) 773-2646 if you have questions or need more detail: Sincerely, 090; Richard Stevens&Associates,Inc. Clark Stevens • V Page 2 EXHIBIT "A" Terms and conditions applied to the work authorized 1. Richard Stevens &Associates Inc. shall bill not less than once monthly unless otherwise agreed upon by the parties. 2. All accounts are due and payable within 30 days from the date of the invoice and we send outour bills on the 16th of each month. Prior to submission of any application, unless a signed payment agreement is in - < place,the most recent outstanding balance on the client account must be paid in full. 3. A service charge of 1.5%per month will be charged on all unpaid balances. Payment arrangements and. agreements are available if necessary. 4. In the event that collection proceedings are initiated by Richard Stevens & Associates Inc. to collect a delinquent account,the costs of such proceedings, including collection fees, if applicable,shall be paid by the client in addition to the amount due. .5. Our hourly rate is currently $140.00., We reserve the right to adjust our hourly rate annually January 15`. Notice will be given prior to the change in rate. 6. Filing fees for all applications and copies of documentation from the city or county are the responsibility of the client and are separate from the estimates herein. If fees are paid by Richard Stevens & Associates, Inc., they will be added to the bill and Client agrees to pay them. Due to constant governmental policy changes,these fees are subject to change without notice. Client requests for copies of Richard Stevens& Associates,Inc. documentation and files are the responsibility of the client. 7. Client understands that we are land use consultants and planners, we ARE NOT attorneys, surveyors, engineers,foresters, or soil scientists. Any GPS data and/or mapping provided by our company is NOT to be used or considered an identification or a determination of exact locations of property lines,wells,septic systems, structures, streams, creeks,boundaries,or any other topographical information. It is for our/your informational purposes only and is used to help aid us with your project and is necessary for applications. 8. It should be noted that there may be outside professional fees necessary which are not affiliated with our costs(surveyors,soils scientists,professional foresters,engineers,etc.). We will gladly provide you with a list of professionals to help you in this application process. 9. In consideration of the above contract for service,the undersigned guarantees payment to Richard Stevens & Associates, Inc. of all liabilities and indebtedness which the client has incurred, or may incur in the future. Signature Print Name �. Pono 1