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HomeMy WebLinkAbout2010-198 Contract - Tashman Johnson . Contract for Personal Services . CITY OF ASHLAND 20 East Main Street Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 CONSULTANT: Tashman Johnson LLC CONTACT: Jeff Tashman ADDRESS: 735 SW SI. Clair, Portland, OR 97205-1439 TELEPHONE: 503.407.7443 DATE AGREEMENT PREPARED: 11.24.10 BEGINNING DATE: 12.6.10 COMPENSATION: $47,000 FAX: COMPLETION DATE: 6.30.11 SERVICES TO BE PROVIDED: Preparation of Preliminary Infrastructure Financing Plan and Urban Renewal Feasibilitv Stud v for the Croman Mill District, Railroad Prooertv and Downtown ADDITIONAL TERMS: It is mutually understood that the budget for this project outlined within the attached Scope of Work includes all travel related expenses for the consultant to attend each of the five identified meetings. Should the number of meetings be reduced, or Jeff Tashman not be present at any identified meetings, the compensation for the project shall be reduced by $1500 for each meeting in which Jeff Tashman is not at attendance. FINDINGS: Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement 0' work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financiai constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work; Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date; Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the properly of City. 7. Statutory Requirements; ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements; If the amount of this contract is $18,703 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property. of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contra~t\. Consultant shall not be held resoonsible for anv losses, exoenses, claims, subrooations, Contract for Personal Services, Revised 07/28/2010, Page 1 016 actions,.costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination; a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. Citv's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. ObliQation/Liabilitv of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, cor d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status; Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its ORF status pursuant to the ORF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a ORF if consultant has qualified as a ORF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Comoensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1.000.000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. c. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1.000.000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liabilit" insurance with a combined sinQle limit, or the eQuivalent, of not less than Enter one: Contract for Personal Services, Revised 07/28/2010, Page 2 of 6 . $200.000, $500,000, $1.000.000, or Not Applicable 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 chande. 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 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 required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certi'icates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. 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 Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sian the certification attached hereto as Exhibit A and herein incoroorated bv reference. Contract for Personal Services, Revised 07/28/2010, Page 3 of6 . B:~:r:~~ ~ ~ Jeffrev Tashman Print Name Member Title W-9 One copy of a W-9 is to be submitted with the signed contract. Contrad for Personal ServIces. Revised 07/28/2010, Page 4 of 6 ~ (u_ /VtOLIJA n Print Name IL, f)~. 7 r',' 0 Date Funds ap;;ated for current fiscal yea~ ~? c.J Lee Tun~ Date ' 10 Purchase Order No. t/998t!J . CERTIF.ICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer 10 (or is waiting for the number to be issued to it and (b) Contractor 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. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: 7"~~o'~ coQactor ---1L -1L ;7 ./ , (1) I carry Ouh\~e labor or services at a location separate from my residence or is in a specific portion 'of my residence, set aside as the location of the business. " (2) Commercial ad",ertising or business cards or a trade association membership are purchased for the bu'siness. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. l- L... c:..... --..... 1: z. I 7 1....1..0 (Date) Contract for Personal Services, Revised 07/28/2010, Page 5 of 6 SCHEDULE AND BUDGET: Preliminary Infrastructure Financing Plan and Urban Renewal Feasibility Study for the Croman Mill District. Railroad Property and Downtown I. INTRODUCTION This revised scope of work, schedule and budget takes into account comments and requests by the City of Ashland about our prior proposal. Generally, the revisions result in a concurrent and balanced analysis of public investment needs in three "opportunity areas" - i.e. the Croman Mill District, the Railroad Property and the Downtown - and alternatives. including tax increment financing for paying for such investments. We will also address the pros and cons of Enterprise Zone incentives. As we have discussed the work on all three areas will occur concurrently. This way, the City Council and stakeholders will benefit from a better understanding of how different funding alternatives can apply to the three areas. The process will inform Council's decision about whether and how to proceed to promote the development of these areas. II. CITY COUNCIL. STAKEHOLDER AND PUBLIC INVOLVEMENT There are public issues and concerns related to public/private development partnerships in general, and to urban renewal in particular, that are essential to address during this effort. We propose to provide information to the City Council, stakeholders and the general public about the reasons and rationales for public/private partnerships and discuss why and how the City would consider making specific investments to achieve specific development objectives. We will therefore help develop a contexl for the use of tax increment financing and other funding mechanisms and incentives in terms of how they would benefit the public and at whose cost. The scope will include a series of four sets of meetings with the Council and/or stakeholders. The general public would be informed and involved via attendance at Council meetings and access to summary materials prepare by the consultants that would be available on the City's web site. The meetings will be facilitated by Jeff Tashman with assistance from Elaine Howard and/or Nancy Guitteau. The schedule for these meetings and for the Work Tasks is summarized in a chart below. A. First Group of Meetings The first group of meetings would be held 30 - 45 days of the start of the project. giving the consultants time to gather basic information about the three areas. This group of meetings would consist of : 1. A work session with the City Council about the scope and schedule of the project and the anticipated outcomes. It would discuss in general the public objectives for redevelopment and/or enhancement of the three areas, and the need for public investments to achieve those objectives. 2. A group meeting with stakeholders, including city staff, to discuss the same issues, and a one-on-one meetings with particular private stakeholders, including representatives of the Croman Mill property to discuss their particular development objectives. Tashman Johnson LLC 1 29 November 2010 B. Second Meeting (If Requested) If requested by the City, a second meeting would take place with the City Council and, separately with stakeholders (as a group and individually if appropriate), after completion of the document review (Task A), real estate market assessment (Task B), tax increment revenue projections (Task C) and analysis of infrastructure needs described (Task D) all as described in Section III. This would take place 30 - 45 days after the first meetings. At or after these meetings the City could choose to proceed or not proceed with the remainder of the scope of work. C. Third Group of Meetings This group of meetings with the City Council and stakeholders (as a group) would take place about 90 days after the first group of meetings and would present the results of the work to date through the financing alternative evaluation (Task E) and preliminary financing plans (Task F). It would focus on presenting the role of tax increment financing in the overall financing plans and allow the Council to make a "go/no-go" decision on the urban renewal feasibility analysis of the three opportunity areas. At or after these meetings the City could choose to proceed or not proceed with the remainder of the scope of work. D. Fourth Meeting The fourth meeting would take place about 120 days of the first meetings and would consist of a work session with the City Council to present the results of the urban renewal feasibility analyses (Tasks G) and gain feedback for preparation of the final study (Task H). This scope also includes attendance at the Council meeting where it would consider final adoption of the study, for a total of five meetings with the Council. III. WORK TASKS The tasks to be performed are as follows: A. Review Croman Mill District Redevelopment Plan, Railroad Property Master Plan, Downtown Plan, Phase II Report, Economic Opportunity Analysis and Update, Economic Development Vision and Strategies and the Council Vision, Values and Goals, and Related Documents This task includes reviewing and discussing with staff the most relevant documents related to the opportunity areas, including the Croman Mill District Redevelopment Plan and implementing Comprehensive Plan amendments, the Railroad Property Master Plan, the Downtown Plan Phase II Report, the Economic Opportunity Analysis as updated, the Economic Development Vision Statement and Strategies and the Council Vision, Values and Objectives for 2010. After we review these documents, we will teleconference with city staff to discuss issues and questions that have arisen. Tashman Johnson LLC 2 29 November 2010 B. Real Estate Market Assessment of Three Opportunity Areas. The real estate market assessment will provide information on the general mix and scale of uses that could occur within the three opportunity areas within the next twenty years. It will be based on judgments of what uses would be most feasible in the three areas and how those uses relate to the City's land use objectives and policies. The general mix and scale of uses will be the basis for both the general qualitative evaluation of what public investments are necessary in the areas and what revenues might be generated via different financing alternatives. Though the Economic Opportunities Analysis and Update (and in particular Appendix B, Factors Affecting Future Economic Growth in Ashland) provides good background, the feasibility study will require a more specific market assessment. The assessment will include: . Analyzing development trends prior to the current recession. . Analyzing near- and mid-term development opportunities with both quantitative and qualitative approaches. . Preparing a range of development projections from high to low. The market assessment will provide key inputs to the revenue projections including per- unit market values for each type of land use (per square foot for retail/office/industrial and per unit for residential). Market values will be based on long-term market capitalization rates and current sales data. C. Projection of Tax Increment Revenues and Borrowing Capacity For the tax increment revenue projections, market values will be converted to assessed values, based on the projected relationship between real market value and assessed value county wide, for residential, commercial and industrial property classes. The current relationships are calculated by the County Assessor and are called "Changed Property Ratios". We will spread the projected revenues over time and estimate the short- and long-term borrowing capacity of these revenues using market rate financing terms. D. Compile Study Area Infrastructure and Public Facility Needs In this task we will review Ashland's Capital Improvement Plan and available facilities plans for transportation, parks, water, sanitary sewer and storm drainage. We will work with City staff to compile a list of required infrastructure needs, including transportation, water, sanitary sewer and stormwater/surface water management. (Additional cost estimating services covering the primary infrastructure projects necessary for the three areas may be provided by WH Pacific directly to the City under a separate agreement not to exceed $7,500.) We will also analyze needs for public facilities, including shared public parking facilities. To achieve or enhance the urban character desired by the City for the three opportunity areas, shared parking will be a critical component. The costs of parking facilities are significant and will likely require public/private cost sharing. If parking is included in the analysis, it would allow for a better understanding of the potential impact of the private Tashman Johnson LLC 3 29 November 2010 infrastructure costs on development feasibility. We will estimate the needs for a shared parking facility with input from staff. It is very likely that anticipated infrastructure improvements will be phased, because of limits of time, capacity and funding. The phasing will influence and be influenced by the phasing of development. Therefore. this task and the previous task will be done together, in an iterative way. so that a logical public and private development plan can be developed. E. List and Evaluate Financing Alternatives In this task we will prepare a draft list of financing alternatives, comprised in part of those used in the City's current budget and Capital Improvement Plan and in part on additional approaches as may be appropriate. The list will include tax increment financing, local improvement districts, systems development charge dedications and developer exactions. As an incentive for development, we will also evaluate the benefits of an Enterprise Zone. After reviewing the list with staff and revising it if necessary, we will analyze each in terms of revenue capacity, timing. ability to spread costs over time and impacts on the financial feasibility of private development. (Commonly the timing of costs as well as their amount is critical to developers.) We will also discuss with staff how different financing approaches match the City's policies and attitudes about public/private development partnerships. The individual financing sources will be familiar to City staff. They have been described thoroughly in many Oregon planning documents. What we will focus on is the analysis and how financing methods may be combined to create a feasible financing plan. The specifics of urban renewal feasibility will be addressed in Task G below. F. Preliminary Infrastructure Financing Plan In this task we will bring together the pieces of the analysis in the form of a revenue and expenditure projection for the build out of the study area. The projection will be documented clearly so that assumptions and methodologies are easy to track. We will make it clear how the model was developed. The creation of the model will allow for relatively quick and inexpensive analysis of different scenarios. G. Urban Renewal Feasibility Studies Two of the key elements of the urban renewal feasibility studies will be derived from the products of the tasks described above. These are the projected tax increment revenues and borrowing capacity and the projected public investment costs. Elements that will be separately addressed in this task are: 1. Blight analysis Conditions in the study area will be analyzed for conformance with the statutory definition of "blighted areas". The analysis will be done using a database of real property tax accounts that we would obtain from the County and/or City. Tashman Johnson LLC 4 29 November 2010 2. Conformance with Statutory Limits on Size and Assessed Value Oregon statutes limit the amount of land and assessed value in a municipality that can be placed in an urban renewal area. For Ashland (as a city of less than 50,000 in population) the limits are 25% of the city's total. We expect the City to provide through its GIS system the size of the urban renewal study areas. 3. Impacts of Tax Increment Financing on Overlapping Taxing Districts While tax increment financing is being used, the taxing districts that levy permanent rate property taxes in the urban renewal area - including the City of Ashland - do not receive property tax revenues from the growth in assessed value in the urban renewal area. (GO Bonds and Local Option Levies approved by voters after October 6, 2001 are not affected by tax increment financing.) While this analysis is done in detail in the report that must accompany an urban renewal plan, it is done at a general level in the feasibility study. H. Financing Plan and Urban Renewal Feasibility Report The work above will be summarized in a draft report for City staff review. The draft report will include conclusions and options as to how to proceed. After review by staff. the report will be revised as necessary. IV. BUDGET The budget for this project will be $43,500 plus out of pocket expenses not to exceed $3,500. The work will be billed monthly on a percent of completion basis. If the scope of work changes materially from that described above. an adjustment to the budget will be necessary. Tashman Johnson LLC 5 29 November 2010 I- 0:: <( :c II w -' ::::l Cl W :c II (/) l- II w -, o 0:: 0.. ..~ ~ I. ~ ~ ~ ~~ 1- ~ ~ . c I " ~$ I < ~ ~ " ;;; ~ ~ ~~ ~ I " 1i 1 ~ ~s - ~ s ~ I _~t::! -.- ~. ~ . I ~ N ~ -~ ~- ~~ I I I II I ~ .!w . ~ .15 5 ~ ~I~ i i ~. ffi ~ ~ m ~ I . ~ ~ ~" ~ I ill ~ I ~! I III I ! ~ ~ ~I~ ~ ~ ~II ~ ~ g ~ ~ . .;.~ mlu d ~ '"~~lo;l-"-S- i"----- J I 0 rnrnrnrnrnrnrnrnrnrnrnrn Q + H.I+ ~ m . ~ ~ ~ o ~ o N ~ Q) .0 E Q) > o Z 10 ~ <0 U ...J ...J c: o <J) c: .r; o -, c: III E .r; <J) III I- :e;;;y -e-R CERTIFICATE OF LIABILITY INSURANCE I DATE IMMlDDIYYYYJ OP 10 KW 12/03/10 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. : If the certlhcate holder is an ADDITIONAL INSURED. the pollcy(ies) must be endorsed. II SUBROGATION IS WAIVED. subject to the tenns 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 NAME: Fullerton & Company A1C,"'No, Extl: I (AIC, No): P. O. Box 29018 ADDRESS: Portland OR 97296-9018 CUSTOMER ID#: TASHM-1 Phone: 503-274-6511 Fax:503-274-6524 INSURER(S) AFFORDING COVERAGE NAICfI INSURED INSURER A: First National Insurance Co 24724 Tashman Johnson LLC INSURER B: American states Insurance Co. 19704 735 sw st Clair Ave, Apt 1906 Portland OR 97205 INSURER C : Llovds of London INSURER 0: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 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. LTR TYPE OF INSURANCE INSR I WVD POLICY NUMBER (MM/DDfYYVY) IMM/DDlVVYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE . 1000000 I- 01CI3012841 01/14/10 01/14/11 . 1000000 A X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) I CLAIMS-MADE [!] OCCUR MED EXP (Anyone person) . 10000 X PERSONAL & ADV INJURY . 1000000 I- GENERAL AGGREGATE .2000000 l- .2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG II POLICY n j~& IXl LOC . AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT . 1000000 I- (Eaaccident) A ANY AUTO 01CI3012841 01/14/10 01/14/11 BODILY INJURY (Per person) . I- ALL OWNED AUTOS BODILY INJURY (Pel accident) . I- SCHEDULED AUTOS PROPERTY DAMAGE I- , ~ HIRED AUTOS (Per accident) ~ NON-OWNED AUTOS , . B UMBRELLA LIAB ~ ~CUR 01XS15745520 01/14/10 01/14/11 EACH OCCURRENCE , 1,000,000 I- EXCESS LIAB CLAIMS-MADE AGGREGATE 51,000,000 I- DEDUCTIBLE . RETENTION , . WORKERS COMPENSATION hORY LIMITS I IU~~- AND EMPLOYERS'lIABllITY VIN ANY PROPRiETOR/PARTNER/EXECUTlVO " E.L. EACH ACCIDENT , OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL DISEASE - EA EMPLOYE , ~~~~f~b~ OFd;PERATlONS below E.L DISEASE. POLICY LIMIT , C Professional Liab AHJM097903 12/29/09 12/29/10 Per Claim 1000000 Claims Made RETRO ~E 12/29/2004 Ann1 Aaa 1000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 1 00 Additional Remarks SChec:lule, if more sl=!ace Is reqUI~ Professional Liabilitt subject to i25 0 per Claim Deductible. e City of Ashlandd orexon and i s elected of icials, officers and ~lo*ees are include as dditional Insureds as re~ards o~erations of teamed Insured ~r General Li18ility policy terms an condi ions including the attached orm CG7635 02 07. CERTIFICATE HOLDER CANCELLATION CITYASH 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 90 North Mountain Ashland OR 97520 AUTHORIZED REPRESENTATIVE , ACORD 25 (2009/09) All rights reserved. COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization; Blanket. pj!r written contract, agreement or pennit ADDITIONAL CONTRACT, SCHEDULE INSURED BY WRITTEN AGREEMENT OR PERMIT, OR lease or occupy, subject to the following additional provisions: (a) This insurance does not apply to any .occurrence" which takes place after you cease to be a tenant in any premises leased to or rented to you; (b) This insurance does not apply to any structural allerations, new con- struction or demolition operations perfornied by or on behalf of the person or organization added as an insured ; (2) Your ongoing operations for that in- sured, whether the work is performed by you Or for you; (3) The maintenance, operation or use by you of equipment leased to you by such person or organization, subject to the following addttional provisions: (a) This insurance dqes not apply to any .occurrence" which iakes place after the equipment lease expires; The following paragraph is added to WHO IS AN INSURED (Section II): 4. Any person or organization shown in the Sched- ule or for whom you are required by written con- tract, agreement or permit to provide insurance is an insured, subject to the following additional provisions: a. The contract, agreement or permit must be in effect during the policy period shown in the Declarations. and must have been exe- culed prior io the '1lodily injury", "property damage", or "personal and advertising injury". b. The person or organization allded as an in- sured by this endorsement is an insured only 10 the exlenl you are held liable due to: (1) The ownership, maintenance or use of that part of premises ycu own, rent, Includes Copyrighted Material of Insurance Services Office, Inc., wilh its permission. Copyright, Insurance Services. 2001 00 76 35 02 07 Page 1 of 4 EP -~ REPRlNTEDFROM 'THE FORMS lIBRARY-. (b) This insurance docs not apply to "bodily injury" or "property dam- age" arising out of the sole negli- gence of such person or organization; (4) Permits issued by any state or political subdivision with respect to operations performed by you or on your beha~, subject to the following additional pro- vision: This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the state or municipality. c. The insurance with 'respect to any archilect, engineer, or surveyor added as an insured by this endorsement does not apply to "bodily injury". "property damage", or "per- sonal. and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, includ- ing: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys. change or- ders, designs or specifications; and (2) Super\1isory, inspection or engineering services. d. This insurance does not apply to "bodily injury" or "property damage" included within the "products-completed operations haz- ard". A person's or organization's status as an insured un- der this endorsement ends when your operations for that insured are completed, No coverage will be provided if, in the absence of this endorsement, no liability would be imposed by law on you. Coverage shall be limiled to the extent of your negligence or fauti according to the applicable princi- ples of comparative fauti, NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY Exclusion g. of COVERAGE A (Section I) is replaced by the follOWing: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrusbnent to others of any aircraft. "auto. or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- ation and "loading <)r unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring. employment, training or moniloting of others by that insured. iI the "occurrence" whiCh caused the 1xJdily injury" or "property damage" involved the ownership, mainte- nance. use or entrusbnent to others of any aircraft, ,(lauto. or watercraft that is owned or operated by or rented or loaned to any in- sured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 52 foot long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on. or on the ways next to. premises you own or rent. pro- vided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, mainte- nance or use of airoraft or Watercraft; or (5) "Bodily injury" or 'property damage" arising out of; (a) the operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" iI iI Were not subject to a compulsory or financial responsibility law or other motor ve- hicle insurance laW in the state where it is licensed or principally garaged; or (b) the operation of any of the maChin- ery or equipment listed in Paragraph f.(2) or f.(3) of the definition of 'mobile equipment". (6) An aircraft you do not own provided it is not operated by any insured. TENANTS' PROPERTY DAMAGE LIABILITY When a Damage To Premises Rented To You limit is shown in the Declarations, Exclusion j. of Coverage A, Section I is replaced by the folloWing: j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or Page 2 of 4 ..... REPRINTED FROM THE FORMS LlBRARYo- any other person, organization or entity. for repair, replacement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or al:lY contractors or subcontractors working directly or indirecay on your behalf are performing operations. if the "property damage" arises out, of those operations, or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) 10 premises, including the con- tents of such premises. rented to you. A separate limit of insurance applies to Damage To Prem- ises Rented To You as described in Section III - limits Of Insurance. Paragraph (2) of this exclusion does not apply II the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a side- track agreement. Pal<lgraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard". Paragraph 6. of LIMITS OF INSURANCE (Section III) is replaced by the following: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay un- der Covel<lge A for damages because of "property damage" to anyone premises, while rented to you. or in the. case of damage by fire, while rented to you or tempol<lrily occupied by you wilh permission of the owner. The Damage To Premises Rented To You limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. CO 76350207 WHO IS AN INSURED - MANAGERS The following is added to Paragraph 2.a. of WHO IS AN INSURED (Section If): Paragraph (1) does not apply to executive officers, or to managers at the supervisory level or above. SUPPLEMENTARY PAYMENts ~ COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK Paragraph 1.b. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is replaced by the fOllowing; b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the' use of any vehicle to which the Bodily Injury liabifity Coverage applies. We do not have to furnish these bonds. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is replaced by the following: d. All reasonable expenses incurred by the in- sured at our request to assist us in the in- vestigation or defense of the claim or "Suit", including actual loss of earnings up to S500 a day because of time off from work. EMPLOYEES AS INSUREDS - HEALTH CARE SERVfCES Provision 2.a.(1)(d) of WHO fS AN INSURED (Section II) is deleted, unless excluded by separate endorse- ment. EXTENDED COVERAGE FOR NEWLY ACQUIRED ORGANIZATIONS Provision 3.a. of WHO IS AN INSURED (Section II) is replaced by the following: a. Coverage under this provision is affotded only until the end of the policy period. EXTENDED "PROPERTY DAMAGE" Exclusion a. of COVERAGE A (Section I) is replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or ')Jroperty damage" resulting from the use of reasonable force to protect persons or property. Page 301. EP -. REPRINTEDRWM THE: FORMS U3RARY"- EXTENDED DEFINITION OF BODILY INJURY Paragraph 3. of DERNITIONS (Section V) is replaced by the following: 3. "Bodily injury" means bodily injury. sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- tion IV): We waive any rights of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" dohe under a contract with that person or organization and inclu~d in the "products-completed operations hazard". This waiver applies only to a person or organization for whom you are required by written contract, agreement or permit to waive these rights of recovery. AGGREGATE LIMITS OF INSURANCE - PER LOCATION For all sums which the insured becomes legally obli- gated to pay as damages caused by .occurrences" under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to operations at a single "location": Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- tion III) apply separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street. roadway, walelWay. or right-of-way of a railroad. INCREASED MEDICAL EXPENSE LIMIT The Medical Expense Limit is amended to S10,ooO. KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2~ Duties In The Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Knowledge of an "occurrence", claim or .suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following is added to Paragra.ph 6. Representa. tions of COMMERCIAL GENERAL LIABILITY CONDi- TIONS (Section IV): If yoLi unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Forni because of such failure_ However. this provision does not affect our right to collect additional premiuni or exercise our right of cancellation or non-renewal. LIBERALIZATION CLAUSE Tho following paragraph is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- mium, becomes effective during the policy period in the state shoWn in the Declarations, your pol- icy will automatically provide this additionai cov- erage on the effective date of the revision. Page 4 of 4 . II Tashman Johnson LLC Consultants in Policy, Planning & Project Management r CITY OF ASHLAND PROPOSAL FOR Preliminary Infrastructure Financing Plan And Urban Renewal Feasibility Study For the Croman Mill District, Railroad Property and Downtown Tashman Johnson LLC With Elaine Howard Consulting, LLC Urban Land Economics WH Pacific, Inc. 30 September 2010 JeffTashman. 503.407.7443. icff,wtashmaniohnson.com Nina Johnson. 503.407.5983. ninaillVtashmaniohnson.com 735 SW St. Clair #1906 . Portland. Oregon 97205-1439 www.tashmaniohnson.com . Proposal for Groman Mil/Infrastructure and Public Improvements Financing Alternatives and Urban Renewal Feasibility Study for Groman, Railroad Property and Downtown I, INTRODUCTION/UNDERSTANDING OF PROJECT This proposal is in response to the City of Ashland's Request for Proposals (RFP) for urban renewal feasibility study and infrastructure finance planning for the Croman Mill District, the Railroad Property and downtown Ashland. Our team for this project includes Jeff Tashman (Tashman Johnson LLC) as project manager and primary analyst and author, Elaine Howard (Elaine Howard Consulting, llC) as associate urban renewal planner and public involvement facilitator, Nancy Guitteau (Urban land Economics) for real estate market assessment and Dan Boultinghouse (WH Pacific) for infrastructure analysis. Information on our team members is provided in Section VI. A. Croman Mill Site The City of Ashland has adopted comprehensive plan and other code amendments to promote the redevelopment of the Croman Mill District ("District"). Previously the City completed a Croman District Mill Site Development Plan that made a series of recommendations including implementation steps, and the Plan and Code amendments are a critical first step. The District is envisioned as site for mix of employment uses creating family wage jobs, along with ancillary retail and residential development. Development in the District is intended to be street oriented and bicycle- and pedestrian-friendly. The site is bordered on the north and east by the Central Oregon & Pacific Railroad tracks that may in the future be used for regional commuter rail service. The District will therefore emphasize multi-modal transportation and a quality environment in keeping with Ashland's needs and values. Development of the site will require substantial investments in infrastructure and public improvements, including a street and utility improvements, a central park and parking facilities. The next implementation steps for the Redevelopment Plan include studying the feasibility of tax increment financing as a means of paying for necessary infrastructure. public improvements and possible land acquisition. The City also wants to look at alternative or additional revenue sources and means of spreading infrastructure payments over time. B. Railroad Property The City also has interest in the feasibility of an urban renewal program using tax increment financing for public improvements for the redevelopment of the "Railroad Property" at the northeastern edge of downtown. The site is subject to an environmental remediation order, but the remediation has not yet started. A master plan for the site was developed, but not formally adopted. in 2001. Because the planning effort for the Railroad Property has not been taken as far as that for the Croman Mill District. the analysis of the feasibility of urban renewal for the Railroad Property may appropriately be more general than that of the District. C. Downtown Finally, the City is interested in analyzing the feasibility of an urban renewal program for downtown. Though many parts of downtown are truly vital, additional investments may be needed. A' Phase II Downtown Plan was prepared in 2001 that focused on streetscape, parking and redevelopment along Lithia Way, but was not formally adopted. As with the Railroad Property. it may be appropriate to address urban renewal feasibility issues in a general manner. Tashman Johnson LLC 1 29 September 2010 Proposal for Groman Mil/Infrastructure and Public Improvements Financing Alternatives and Urban Renewal Feasibility Study for Groman, Railroad Property and Downtown D. Request for Proposals To meet these objectives. the City has requested proposals to study the feasibility of urban renewal for the Croman Mill District, the Railroad Property and downtown, and prepare a preliminary infrastructure and public improvements finance plan for the Croman Mill District . This proposal describes the proposed scope of work, schedule, budget and the qualifications of the consultant team. Responses to the specific requirements of the proposal are provided in Section VII. We expect that, if our team is selected by the City, this proposal will need to be refined and modified to better respond to City needs and objectives. II. PROPOSED SCOPE OF WORK. CROMAN MILL DISTRICT The proposed scope of work below includes an analysis of financing methods and a preliminary infrastructure finance plan. It also includes the additional elements necessary in an urban renewal feasibility study. We use the term "finance" to include both funding, i.e. the revenue sources, and financing. i.e. the spreading of payments for infrastructure over time. A. Public Involvement and Information The work will be undertaken with the involvement of stakeholders and the general public during all its phases, as well as periodic input from the City Council. We expect that this will include those events noted in the RFP, i.e. a kick-off meeting with stakeholders, follow-up one-on-one meetings with stakeholders, a mid-project update to the City Council, presentation of the draft study at a City Council study session and presentation of the final report to City Council. B. Review Croman Mill District Redevelopment Plan, Economic Opportunity Analysis and Related Documents This task includes reviewing and discussing with staff the Redevelopment Plan. the Economic Opportunities Analysis and associated documents. In Task C below we recommend that we work with City staff to refine the development program contained in the Redevelopment Plan. C. Define Study Area The study area will include the District and lands to the northeast, including the ODOT maintenance facility on Tolman Creek Road. The specific boundaries of the study area will be defined based on input from staff. The boundaries should include those properties that will specifically benefit from the anticipated public infrastructure investments and properties that relate to the District. D. Real Estate Market Assessment (City-Wide), Refined Development Program And Development Phasing for District The development objectives for the District are quite broad. They include a mix of office and light industrial uses in the heart of the District, while residential and mixed commercial/residential uses are anticipated at the perimeter. The Redevelopment Plan has an. overall development program but it does not include a projection of development phasing. The city and its residents have high expectations for the development of the Croman District. The future uses of the site should take advantage of Ashland's creative and intellectual assets and its priorities for environmentally progressive and urban character. We believe the development program needs to reflect this assets and priorities more specifically. Tashman Johnson LLC 2 29 September 2010 . Proposal for Croman Mil/Infrastructure and Public Improvements Financing Alternatives and Urban Renewal Feasibility Study for Croman, Railroad Property and Downtown Also, in order to project revenues from tax increment financing and other sources, we will have to be more specific in the mix of uses and in the sequence and timing of development. The mix is critical because office, retail and residential uses generally have a much higher real market value per square foot than light industrial uses. There are parking supply differences as well. The phasing of development is critical for both revenues (when revenues will be available) and costs (what infrastructure is needed and when. as discussed in Task E). Though the Economic Opportunities Analysis (and in particular Appendix S, Factors Affecting Future Economic Growth in Ashland) provides good background for refining and projecting a phased development program, the projection will require a more specific market assessment. We propose that the assessment include: . Analyzing development trends prior to the currenUrecent recession. . Analyzing near- and mid-term development opportunities with both quantitative and qualitative approaches. This will include thorough discussion with the Croman site representative and other key land owners and developers. The market assessment will provide key inputs to the revenue projections including per-unit. market values for each type of land use (per square foot for retail/office/industrial and per unit for residential). Market values will be based on long-term market capitalization rates and current sales data. . For the tax increment revenue projections. market values will be converted to assessed values, based on the projected relationship between real market value and assessed value county wide. for residential. commercial and industrial property classes. The current relationships are calculated by the County Assessor and are called "Changed Property Ratios". As noted below, this market assessment will also serve as the basis for projections of growth in real market value and assessed value for the Railroad Property and Downtown. E. Compile Study Area Infrastructure and Public Facility Needs and Costs In this task we will review Ashland's Capital Improvement Plan and available facilities plans for transportation, water, sanitary sewer and storm drainage. We will work with City staff to compile a list of required infrastructure needs. including transportation, water, sanitary sewer and stormwater/surface water management. We will rely on staff to provide conceptual cost estimates for these improvements. (Additional cost estimating services are available from WH Pacific if desired.) We will also analyze needs for public facilities, including a central park and shared public parking facilities. To achieve the urban character desired by the City for the District. shared parking will be a critical component. The costs of parking facilities are significant and will likely require public/private cost sharing. If parking is included in the analysis, it would allow for a better understanding of the potential impact of the private infrastructure costs on development feasibility. We will estimate the needs for a shared parking facility with input from staff. It is very likely that anticipated infrastructure improvements will be phased, because of limits of time, capacity and funding. The phasing will influence and be influenced by the phasing of development, as discussed in Task D (Development Program). Therefore, this task and the Tashman Johnson LLC 3 29 September 2010 . . Proposal for Groman Mil/Infrastructure and Public Improvements Financing Alternatives and Urban Renewal Feasibility Study for Groman. Railroad Property and Downtown previous will be done together, in an iterative way. so that a logical public and private development plan can be developed. . F. List and Evaluate Financing Alternatives In this task we will prepare a draft list of financing alternatives, comprised in part of those used in the City's current budget and Capital Improvement Plan and in part on additional approaches as may be appropriate. The list will include tax increment financing. . After reviewing the list with staff and revising it if necessary, we will analyze each in terms of revenue capacity. timing, ability to spread costs over time and impacts on the financial feasibility of private development. (Commonly the timing of costs as well as their amount is critical to developers.) We will also discuss with staff how different financing approaches match the City's policies and altitudes about public/private development partnerships. The individual financing sources will be familiar to City staff. They have been described thoroughly in many Oregon planning documents. What we will focus on is the analysis and how financing methods may be combined to create a feasible financing plan. The specifics of urban renewal feasibility will be addressed in Task G below. G. Preliminary Infrastructure Financing Plan In this task we will bring together the pieces of the analysis in the form of a revenue and expenditure projection for the build out of the study area. Both revenues and expenditures will be done in five year increments. At a later stage and if desired, the initial five year phase can be refined into an annual projection. The core of the projection will be in an Excel Workbook format. The revenue sources in the analysis will be rolled in from individual spreadsheets The expenditures will follow the phased plan from Task D. The projection will be documented clearly so that assumptions and methodologies are easy to track. The report described in Task H will make it clear how the model was developed. And the creation of the model will allow for relatively quick and inexpensive analysis of different scenarios. H. Urban Renewal Feasibility Study Two of the key elements of an urban renewal feasibility study will be derived from the products of the tasks described above. These are the projected tax increment revenues (derived from Task C and F) and the projected urban renewal project costs (from Tasks D, E and F). Elements that will be separately addressed are: 1. Bliqht analvsis Conditions in the study area will be analyzed for conformance with the statutory definition of "blighted areas". The analysis will be done using a database of real property tax accounts that we would obtain from the County and/or City. We anticipate that the primary conditions of blight will be the underdevelopment of property and the inadequacy of infrastructure. Tashman Johnson LLC 4 29 September 201 0 . . Proposal for Groman Mil/Infrastructure and Public Improvements Financing Alternatives and Urban Renewal Feasibility Study for Groman, Railroad Property and Downtown 2. Conformance with Statutory Limits on Size and Assessed Value Oregon statutes limit the amount of land and assessed value in a municipality that can be placed in an urban renewal area. For Ashland (as a city of less than 50,000 in population) the limits are 25% of the city's total. We expect the City to provide through its GIS system the size of the urban renewal study area. 3. Impacts of Tax Increment Financina on Overlappina Taxina Districts While tax increment financing is being used, the taxing districts that levy permanent rate property taxes in the urban renewal area - including the City of Ashland - do not receive property tax revenues from the growth in assessed value in the urban renewal area. (GO Bonds and Local Option Levies approved by voters after October 6, 2001 are not affected by tax increment financing.) While this analysis is done in detail in the report that must accompany an urban renewal plan, it is done at a general level in the feasibility study. I. Financing Plan and Urban Renewal Feasibility Reports The work above will be summarized in a draft report for City staff review. The draft reports will include conclusions. After review by staff. the reports will be revised as necessary. The revised reports will be presented to the City Council as part of the public information task A. III. PROPOSED SCHEDULE AND BUDGET. CROMAN MILL DISTRICT A. Schedule We expect the schedule for the work to be affected primarily by the public and stakeholder involvement efforts and by the review and direction from the City Council. We would be ready for an initial stakeholder meeting and follow up one on one meetings within 30 days of notice-to- proceed. We believe the technical work can be completed in 4 to 6 months but we understand that building in ample public review will add time. B. Budget We propose a budget of $30,000 on a flat fee basis plus out-of-pocket expenses not to exceed $2,000, payable on a percentage of completion basis. IV. PROPOSED SCOPE OF WORK. RAILROAD PROPERTY AND DOWNTOWN The proposed scope for the Railroad Property and downtown are combined because of the physical proximity of the areas and the possibility that they could be contained within a single urban renewal area. We propose here that, in view of budget constraints, the feasibility study will focus on the key issues of how existing conditions meet the requirements for the finding of "blight." potential future tax increment revenues and the impact of tax increment financing on the permanent rate revenues of overlapping taxing districts. We will be happy to revise this proposal in response to direction from the City as to the desired level of detail. Tashman Johnson LLC 5 . 29 September 201 0 . " . Proposal for Groman Mil/Infrastructure and Public Improvements Financing Alternatives and Urban Renewal Feasibility Study for Groman, Railroad Property and Downtown A. Public Involvement Wherever possible the public involvement for the RR Property and downtown will be coordinated with the public involvement for the Croman District to minimize travel costs and to most efficiently use budget resources. Because Ashland has not established an urban renewal program in the past. the public information efforts will have to include addressing issues about urban renewal and tax increment financing, and these issues will apply to all areas under consideration. The public involvement program for the RR Property and downtown will also address those specific issues that are distinct to these areas, e.g. the rationale for public investment. the relationship between the two areas and the possible phasing or timing of urban renewal efforts. This proposal assumes that all public involvement events occur along with, or as part of, the events scheduled for the Croman District study. B. Blight Analysis The conditions of blight for the RR Property are obvious, but those for downtown will require careful analysis. Downtown Ashland has thrived in many respects and it will be critical to evaluate to what extent conditions exist that would support the findings of blight required for adoption of an urban renewal plan. These may include inadequate streetscape and underdevelopment of specific parts of the downtown. C. Market Assessment and Tax Increment Revenue Projections The city wide market assessment conducted in Task II D. will provide a basis for projections of growth in real market value, assessed value and tax increment revenues for the RR Property and downtown. The projections will have to be based on general assumptions of the level and type of public investment that the City would find feasible and appropriate and the specific redevelopment objectives for these areas. The planning work done for both areas is close to 10 years old and we will need to work with staff to efficiently develop these assumptions. D. Overall Revenue Impacts of Tax Increment Financing, Including Croman, RR Property and Downtown. It is likely that the City Council. the public and the taxing districts affected by the tax increment financing of urban renewal plans in Ashland will be concerned about the level of permanent rate property tax revenues foregone. We propose that these impacts be analyzed for the possible combination of an urban renewal plan for the District and another urban renewal plan for the RR Property and down-town. E. Draft and Final Feasibility Study Report The analysis above will be summarized in a draft Feasibility Study report that will be presented to the City Council and the publiC as part of the public involvement task A. The report will be revised to reflect input and a final report prepared and presented. V. PROPOSED SCHEDULE AND BUDGET. RAILROAD PROPERTY AND DOWNTOWN A. Schedule As with the proposed schedule for the Croman District, the proposed schedule for the RR Property and downtown will depend on the amount and timing of public involvement and review of the analysis. The technical work can be completed within six months of notice to proceed. Tashman Johnson LLC 6 29 September 2010 , " . Proposal for Groman Mil/Infrastructure and Public Improvements Financing Alternatives and Urban Renewal Feasibility Study for Groman, Railroad Property and Downtown B. Budget If the scope of work is limited to those tasks described above, we propose to complete the work for a flat fee of $7,500, plus any out of pocket costs over and above those incurred for the Croman District. VI. CONSULTANT TEAM A. Jeff Tashman - Tashman Johnson LLC Jeff Tashman will be the project manager, analyst and author of reports. Jeff is a widely recognized expert on urban renewal in Oregon. In his 31 year career he served as staff to the Eugene Renewal Agency and as Redevelopment Director in Tualatin. Since 1991 he has been a consultant in the field of public/private development partnerships. Information on Jeff and Tashman Johnson LLC is available at www.tashmaniohnson.com . Jeff has also prepared several infrastructure financing plans in which tax increment financing was one component. All these projects included complex and detailed modeling of annual revenues and costs. . (Last five years.) For the City of Salem and the State of Oregon, Jeff prepared an infrastructure financing plan for the Mill Creek Industrial Park, a 500 acre site at the intersection of 1-5 and Highway 22. The plan included Oregon Special Public Works fund loans, tax increment financing, a specially designed Development District charge in lieu of SDC's, development exactions, contributions from City utility funds and other revenue sources. Jeff continues to work on this project for the State Department of Administrative Services. . (Last five years.) For the City of Hood River, Jeff (with Elaine and Nancy) prepared an urban renewal plan calling for the tax increment financing of infrastructure improvements for the Hood River Waterfront that was adopted with broad community support. The financing of the Plan includes contributions from the Port of Hood River and private developers. The Plan was adopted and is being implemented. . (Last five years.) For the City of Albany, Jeff prepared an infrastructure financing plan for the Oak Creek Urban Renewal Plan, which prominently included a beverage manufacturing and bottling facility. The plan included Oregon Special Public Works fund loans, grants from the State and County, contributions from City utility funds, tax increment financing, SDC's, development exactions and other revenue sources. The Urban Renewal Plan has subsequently been repealed but the City continues to consider tax increment financing as a critical infrastructure financing tool . (Last five years.) For the City of Lebanon, Jeff (with Elaine and Nancy) prepared an urban renewal plan for the North Gateway Urban Renewal Area, which uses tax increment financing in a public/private partnership to bring infrastructure to a major medical campus development. The Plan was adopted and is being implemented. . (Last five years.) For the City of Wood Village, Jeff (with Elaine) prepared an urban renewal plan that calls for street and utility improvements to serve the Wood Village Tashman Johnson LLC .7 29 September 201 0 . " . Proposal for Groman Mil/Infrastructure and Public Improvements Financing Alternatives and Urban Renewal Feasibility Study for Groman, Railroad Property and Downtown Town Center, including the former Multnomah Kennel Club property. The Plan has been adopted and is being implemented. . (Last five years.) For the City of Tigard, Jeff (and Nancy) prepared an urban renewal plan that calls for major infrastructure investments in the City Center. The Plan has been adopted and is being implemented. . For Clackamas County, Jeff prepared a preliminary infrastructure financing analysis for the Damascus/Boring area, which had just previously been added to the Metro UGB. This involved working with staff to prepare an operational land use and infrastructure plan, including costs and phasing and then projecting revenues from a variety of sources. including tax increment financing, SDC's, water and sewer revenue bonds. regional surface water facility financing and grants. . For the City of Rainier. Jeff prepared an urban renewallinfrastructure financing plan for the location of a large manufacturing facility. Revenue sources included a complex tax increment bond issue, State SPWF loans, contributions from City utility funds and from Columbia County and the Port of St. Helens. The Plan was adopted and largely has been implemented. . For the City of Tualatin, Jeff prepared an infrastructure financing plan for the Leveton Tax Increment District, a campus industrial area combined with a reclaimed former quarry area. Revenue sources included tax increment financing, SPWF grants and loans. and City utility funds. The Plan was adopted and has been successfully implemented. B. Nancy Guitteau - Urban land Economics Nancy Guilteau will be responsible for the real estate market assessment. Nancy has more than 25 years experience in urban land economics and market analysis covering a wide array of land use and public management issues. Since forming Urban Land Economics. Ms. Guilteau's work has continued on many urban renewal and private development studies. . Her most recent relevant project is the completion of the Beaverton Urban Renewal Feasibility Study. The other most pertinent study in relation to the Beaverton project includes a long-range market analysis and development forecasting as part of a multi- disciplinary term for the Commuter Rail/Highway 217 Corridor Revitalization Feasibility Study conducted for Washington County. Study areas covered: downtown Beaverton, Washington Square Regional Center, downtown Tigard and SunseUCedar Hills. Each study was subdivided into sectors based on primary land use and redevelopment potential. Forecasts of tax increment revenue for each sector were made based on assigned development factors, zoning, net new development and unit valuations. In Portland. Ms. Guilteau was vice-president of Hobson and Associates and had project management responsibility for many economic and market analyses, including market analyses for various downtown Sealtle projects for Harbor Properties. Inc.; Gresham regional shopping center market analysis for Winmar; and several office market stu~ies for public sector clients. Since forming Urban Land Economics, Ms. Guilteau's work has continued on many urban renewal and private development studies. Tashman Johnson LLC' 8 29 September 2010 . ~ ,; .. Proposal for Groman Mil/Infrastructure and Public Improvements Financing Alternatives and Urban Renewal Feasibility Study for Groman, Railroad Property and Downtown Redevelopment and revitalization projects in small communities outside the Portland metropolitan area have also been a focus of Ms. Guitteau's consulting practice. These include urban renewal districts in Troutdale, Forest Grove, Boardman, Salem; Bend, Lebanon and Hood River. Her work has covered a wide variety of urban renewal feasibility studies, land valuations and individual project feasibility analyses. Ms. Guitteau's educational background includes a BA from Stanford University and an MBA from the University of California at Los Angeles. . C. Elaine Howard Consulting, LLC Elaine Howard will be responsible for the existing conditions (blight) analysis for the Urban Renewal Feasibility Study. Elaine andlor Jeff will conduct the on-site meetings with stakeholders, the public and the City Council for this project. Elaine Howard is the principal of Elaine Howard Consulting. LLC and has over thirty years experience in urban renewal, development and public/private sector endeavors. Over the last four plus years, Elaine has been working in association with Tashman Johnson LLC on urban renewal feasibility studies and planning projects. Elaine is currently working on amendments to the Philomath. Bandon, and Astoria urban renewal plans in association with Tashman Johnson LLC. She is also on the team for the Hood River Heights Business District Feasibility Study. She has recently completed the Beaverton Urban Renewal Feasibility Study with Tashman Johnson LLC. In association with Tashman Johnson LLC, Elaine has contributed substantially to the completion of urban renewal plans, amendments and feasibility studies in Albany, Astoria, Bend, Boardman, Coos Bay, Hood River, Hood River County, Lebanon, Lowell, Portland. Salem. Sweet Home, The Dalles and Wood Village. Her role in these plans has been co-managing the work, providing the research, working with the City staff, drafting documents, presenting information and leading discussion at public meetings, and facilitating meetings with stakeholders. Elaine is requested to continue with work in cities due to her ability to communicate with stakeholders and to work positively with opponents of projects. Earlier in her career, Elaine worked for the City of Portland and the Portland Development Commission for approximately ten years on creating urban renewal areas and implementing urban renewal projects. Elaine has also been a private developer. developing 8 residential subdivisions in the Beaverton/Aloha area. Her experience as a developer and her background in completing public private partnerships assists her in making knowledgeable recommendations about the types of assistance which will help spur private development, a background which is valuable in the field of urban renewal. Elaine holds a BA from Whittier College and a Masters in Public Administration from Portland State University. D. Dan Boultinghouse - WH Pacific Dan Boultinghouse will be responsible for working with City staff to define infrastructure needs in the study area. WH Pacific can also provide other professional engineering services such as cost estimating if requested by the City. Tashman Johnson LLC 9 29 September 2010 .; ,.' . Proposal for Croman Mil/Infrastructure and Public Improvements Financing Alternatives and Urban Renewal Feasibility Study for Croman, Railroad Property and Downtown Dan is a Professional Civil Engineer. He has 14 years of project management, engineering. design and planning experience. His most recent relevant project is the completion of the Beaverton Urban Renewal Feasibility Study. Dan's experience includes a broad range of projects including commercial developments, residential subdivisions, resorts, public parks, entry features, parking lots, golf course grading, flood control. site planning and entitlement. Dan's broad mix of work has given him a complete understanding of a project's overall needs, from conception to project delivery. Dan has a BS in Civil Engineering from San Diego State University. VII. ADDITIONAL INFORMATION IN RESPONSE TO RFP A. Name, Address, And Telephone Numbers Of The Firm Jeffrey Tashman Tashman Johnson LLC 735 SW St Claire Avenue, #1906 Portland. Oregon 97205-1439 503 407 7443 ieff(Q)tas hm aniohnson. com B. Type Of Organization Tashman Johnson LLC is a limited liability company consisting of members Jeffrey Tashman and Nina Johnson. C. Age Of The Firm Tashman Johnson LLC was established in 1996 as a successor to Tashman Associates, established in 1991. D. Firm's Capacity, Capability, And Availability To Perform These Services See section VI A. E. List Of Consultant(S) Who Will Be Assigned To This Project, Including Their Individual Qualifications And Professional Record See section VI. F. List Of A Minimum Of Three Successful Infrastructure Financing Plans Including Tax Increment Financing That Have Been Successfully Completed Within The Last Five Years See section VI. G. Understanding Of The Project And Project Approach See sections I, II and IV. Tashman Johnson LLC 10 29 September 2010 ,~7 , . Proposal for Croman Mil/Infrastructure and Public Improvements Financing Alternatives and Urban Renewal Feasibility Study for Croman, Railroad Property and Downtown H. Anticipated Timeline See sections III and V, I. Fee Schedule And An Estimated Maximum Fee "Range" See sections III and V, Tashman Johnson LLC 11 29 September 2010 r~' CITY Of ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 CITY RECORDER Page 1/1 : ':. .,. OAl7E ,,;, ,,, 12/8/2010 ,-.. :'.P0)NUMBER~_;;,',5-i 09930 VENDOR: 015718 TASHMAN JOHNSON LLC 735 SW ST, CLAIR AVE # 1906 PORTLAND, OR 97205 SHIP TO: Ashland Planning Department (541) 488-5305 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: .' Req. No.: Depl: Contact: Maria Harris Confirming? No '--'ili! ::::1UnitT~ ,:~'iF ,:,;<.-(;".~;: ,-"-,,... . ;Oesc'rIPUbh( y_" ,; _: I.,' ',~ . ~. ~n-" ? '!"!~UnH~p.iic~l~ ~,~E'il~:1~ ~:l7'Qiianti .. ,~~. .,. -:. '. '.' 'C'" '~'.. ,-'.v Consultant to develop Preliminary 47,000.00 Infrastructure Financing Plan and Urban Renewal Feasibility Study for Croman Miii District, Raiiroad Property and Downtown Contract for Personal Services Beginning date: December 6, 2010 Completion date: June 30, 2011 Insurance required/On file Not to exceed $47,000.00 . 'd~~~l~~~::.,. .' -',. SUBTOTAL 47 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 47,000.00 ASHLAND, OR 97.520 ;':(- [:Acc'oLimiNumller}~::( :~~ ::~Project;NiJmDer 1<2' "'-:, :';J ',';AnYOunC: ;} .. ::Account1Ni.tmDe~~:. . ;:".: ~~Prbject!Ni1mDe-r.~J:-f:ii ~J,-:~~mQul)tlt~~ c.-~ E 1 1 0.09.27.00.60410 47 000.00 . AJ-;;( ~ /l!-/~o - orized Signature VENDOR COPY FORM #3 A request for a Purchase Order REQUISITION Date of request: Required date for delivery: CITY OF ASHLAND 1\'J...\LPI\OI Vendor Name Address, City, State, Zip Contact Name & Telephone Number Fax Number TA~~MAN rn~N~~NJfr. 735 SW ST. CLAIR #1906. PORTLAND, OR 97205-1439 JEFF T ASHMAN 503.407.5983 SOLICITATION PROCESS o ExemDt from ComDetitlve Biddina o Emeraencv Reason for exemption: o Invitation to Bid (Copies on file) o Written findin9s attached Date approved by Council: o Quote or Proposal attached o Small Procurement CooDeratlve Procurement Less than $5.000 o Reauest for ProDosal (Copies on file) o State of Ore90n Note: Total contract amount, includin9 any Date approved by Council: Contract # . amendments may not exceed $6,000 o State of Washington Intermediate Procurement 0 Sole Source Contract # GOODS & SERVICES 0 Written findings attached o Other government agency contract $5.000 to $100.000 0 Quote or Proposal attached Agency o (3) Written quotes attached Contract # PERSONAL SERVICES 0 SDecial Procurement 0 Intergovernmental Agreement $5.000 to $75.000 0 Written findings attached Agency o Less than $35,000. by direct appointment o Quote or Proposal attached Contract # x (3) Written proposals attached Date approved bv Council: Date approved by Council: Description of SERVICES Develop Preliminary Infrastructure Financing Plan and Urban Renewal Feasibility Study for Croman Mill District, Railroad Pro e and Downtown Item # Quantity Unit Description of MATERIALS Unit Price Total Cost o Per attached QUOTE Project Number ______. ___ Account Number~0_ .~B 9-J Q;:l ~Y~~OAccount Number ___. __. __. __. _~____ Account Number ___. __. __. __. ______ Account Number ___. __. __. __. ______ 'Expenditure must be charged to Ihe appropriate accounl numbers for the financials 10 reflect Ihe actual expe7s-aCClJf8 Iy. Affach extre pages if needed. By signing this requisition form, f certify Ihat the information provided above meets Ihe City's pubiic COnlreCti~~ me~ cumenlation can be provided upon request, I.t . I . ill '\ Employee signature~ ~ Additional signatures (if applicable); Funds appropriated for current fiscal year: ~ NO ~~-- Finance Director )7'~t/ Date Comments: G: FinanceIProcedure\APIFormsI2010-11-24_Form #3 - Requisition_TIFFeasibililyStudy 1213/2010 Updated on: . . CITY Of :ASHLAND I FORM #4 DETERMINATIONS TO PROCURE PERSONAL. SERVICES To: Martha Bennett, Public Contracting Officer From: Bill Molnar, Director of Community Development Date: November 24, 2010 Re: DETERMINATION TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A),.the Department Head shall make findings that city personnel are. not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. Backl!:round The Community Development Departments intends on hiring a consultant to conduct an Infrastructure Financing Plan and Urban Renewal Feasibility Study for the Croman Mill District, Railroad Property and Downtown. The consultant services will include conducting a real estate market assessment of the three areas, developing projected tax increment revenues, borrowing capacity and public investment costs, assessing impacts of tax increment fmancing on taxing districts, and evaluating the blight and statutory limits on size and assessed value required in ORS Chapter 457 Urban Renewal. The estimated cost of the project is $47,000, and the timeline is a six month period. Pursuant to AMC 2,50,120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The expertise required to perform a feasibility analysis in accordance with ORS Chapter 457 Urban Renewal including real estate market assessment and the financial analysis for tax increment financing is a specialized set of skills and experience that is not held by City staff, Section 2.50.120 Personal Services Contracts A. A personal service contract that does not exceed $35, 000 may be awarded by direct appointment. Personal Services Contracts that are for contract amounts greater than $35,000. but less than $75,000 shall follow the process for Intermediate Procurements as outlined above. In addition, the Public Contracting Officer shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1,12/3/2010