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HomeMy WebLinkAbout2012-040 Contract - Siegel Planning Service Contract for Unified Land Use Code Preparation CITY OF CONSULTANT: Siegel Planning Services, LLC ASHLAND CONTACT: Scot Siegel 20 East Main Street Ashland, Oregon 97520 ADDRESS: 15450 Boones Ferry Road, Suite 9-145 Telephone: 541/488-6002 Lake Oswego, OR 97035 Fax: 541/488-5311 TELEPHONE: 503.699.5850 DATE AGREEMENT PREPARED: 2/23/2012 FAX: 503.699.7044 BEGINNING DATE: 3/1/2012 COMPLETION DATE: 6/30/2012 COMPENSATION: Phase I —Not to exceed $30,000 SERVICES TO BE PROVIDED: Phase I as described in the attached Exhibit C Statement of Work including preparation of the code outline, Draft#1 of the Unified Land Use Ordinance and Draft#2 of Module 1. ADDITIONAL TERMS: FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1)the services to be acquired are personal services; (2)the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings/Recitations.The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified,furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses,the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is$18,890 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter,to all employees performing work under this contract and to any Subcontractor who performs 50%or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, subrogations, or other damages resulting from injury to any person(including injury resulting in death), or damage (including loss or destruction)to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant(including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, 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 pates. Contract for Personal Services, Revised 0613012011, Page 1 of 5 b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to 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. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a 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 QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Workers Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit,or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $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. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s)without 30 days' written notice from the Consultant or its insurer(s)to the City. e. 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 Contract for Personal Services, Revised 06/30/2011, Page 2 of 5 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 certificates 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. Nonappropriatlons 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 Consuftant,with no further liability to Consultant. Certification. Consultant shall sign the certification attached her ibit A and herein incorporated by reference. Consultant: City of A nd By ,1 B Signatultu DelVartment Head ,t I C-t E L lC- OCiv/r}fL Print Name L Print Name V3. 0Z, zO/'Z . Title Date- W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. L/l���V�• rl CERTIFICATIONSIREPRESENTATIONS: Contractor, 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) 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 noted 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: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. Vi S (3) Telephone listing is used for the business separate from the personal residence listing. l�11+ (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 7- year. (6) 1 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. `Z l3- Contractor (Date) City of Ashland Land Use Ordinance/Unified Development Code Exhibit C - Statement of Work Purpose The following statement of work is intended to provide for an adoption-ready draft of a new unified land use/development code within 12 months of notice to proceed.The actual project timeline may vary, depending on the extent of policy changes contained in the new code,participants' availability for meetings, and budget approval for Phase 2. Phasing The project is divided into two phases,with Phase 1 beginning March 1, 2012 and ending June 30, 2012, and Phase 2 beginning after June 30, 2012. The City intends to execute a separate professional services contract for each phase, subject to budget approval. Roles and Responsibilities The consultant's role is limited to technical research and code drafting. City staff will manage the public process. Tasks and Deliverables Task 1: Project Kick-Off(March) The purpose Task 1 is to review the Phase 1 Land Use Ordinance evaluation and subsequent amendments to Title 18, and for the consultant to confirm the project schedule and format of deliverables with the city. 1.1 Consultant shall convene Project Management Team (PMT)Meeting#1 via teleconference. During PMT Meeting#1, PMT will review Phase 1 evaluation and recent and forthcoming amendments to Title 18, and confirm the project schedule, methods of public outreach, and format of deliverables. Consultant shall prepare and distribute Notes summarizing PMT Meeting#1. 1.2 City shall designate project manager who shall coordinate city reviews of draft work products and manage public outreach/planning commission meetings. Task I Consultant Deliverables: 1.1 PMT Meeting 41 and Notes 1.2 Project Schedule Task 1 City Deliverables: 1.1 Recent and forthcoming code amendments (Word files) 1.2 PMT Meeting#1 1.3 Public Outreach Plan Task 2: Code Outline (March-April) The purpose of Task 2 is for the consultant to prepare a detailed Unified Land Use Ordinance (Development Code) Outline for city review and approval. The Outline is a working document,which may be refined during the course of the project. Ashland Land Use Ordinance/Unified Development Code Update page 1 of 5 Statement of Work 2.1 Consultant shall prepare a draft Unified Land Use Ordinance (Development Code) Outline for PMT review and approval. The outline (approximately 10-12 pages) shall provide a conversion table for existing land use/development code provisions, and identify places that should be evaluated in Task 5 for Economic Development (Procedures)updates and Green Building code amendments. The outline will also recommend updates to code graphics, as needed, to provide for a consistent graphic style,not to exceed 20 new and/or revised (existing) graphics. 2.2 Consultant shall revise Outline based on PMT input. 2.3 City staff shall present Outline to Planning Commission. Task 2 Consultant Deliverables: 2.1 Draft Outline 2.2 Revised Outline per PMT input Task 2 City Deliverables: 2.1 Review Comments on Outline 2.2 Present Revised Outline to Planning Commission Task 3: Draft#1 Code Amendments (April-July) The purpose of Task 3 is for consultant to prepare the first draft of the Unified Land Use Ordinance (Development Code Draft#0 for PMT review and comment. The first draft . will be a 70%draft and limited to text;placeholders will provided for new or revised graphics and definitions. The consultant will prepare the draft in three modules, or packages, of text based on the Task 2 Outline,with each module representing approximately one-third of the overall volume of code. A city review period of approximately 14 days is provided for each module. If possible, city review should include input from public works/engineering staff, building official, code enforcement officer, and city attorney. PMT meetings should occur as the city completes its initial review of each module. (Consultant revises module for Planning Commission review in Task 4.) 3.1 Consultant shall prepare Draft Amendments—Module 1 for PMT for review. 3.2 Consultant shall convene PMT Meeting 42 via teleconference. PMT will review comments on Module 1. Consultant shall prepare and distribute Notes summarizing PMT Meeting#2. 3.3 Consultant shall prepare Draft Amendments—Module 2 for PMT for review. 3.4 Consultant shall convene PMT Meeting#3 via teleconference. PMT will review comments on Module 2. Consultant shall prepare and distribute Notes summarizing PMT Meeting#3. 3.5 Consultant shall prepare Draft Amendments—Module 3 for PMT for review. 3.6 Consultant shall convene PMT Meeting#4 via teleconference.PMT will review comments on Module 3. Consultant shall prepare and distribute Notes summarizing PMT Meeting A. Task 3 Consultant Deliverables: Ashland Land Use Ordinance/Unified Development Code Update page 2 of 5 Statement of Work 3.1 Draft#1 Amendments—Module 1 3.2 PMT Meeting#2 and Notes 3.3 Draft#1 Amendments—Module 2 3.4 PMT Meeting#3 and Notes 3.5 Draft#1 Amendments—Module 3 3.6 PMT Meeting#4 and Notes Task 3 City Deliverables: 3.2 PMT Meeting#2 3.4 PMT Meeting#3 3.6 PMT Meeting#4 Task 4: Draft#2 Code Amendments, Graphics, and Planning Commission Review (June-September) The purpose of Task 4 is to prepare Unified Land Use Ordinance (Development Code Draft#2) for Planning Commission review. Task 4 is phased so that Draft 42 of Module 1 is delivered in Phase 1, and Draft#2 of Modules 2 and 3, including definitions and graphics, are delivered in Phase 2. 4.1 Following PMT review of Draft#I in Task 4, consultant shall individually revise Modules 1, 2, and 3; draft updated definitions (as needed), and prepare a code graphics package,per the Task 2 Outline. Consultant shall prepare a cover memo summarizing each module, comparing existing code requirements to proposed changes and highlighting key policy issues. 4.2 City staff shall present Draft#2 (revised Modules 1, 2, and 3)to the Planning Commission. Task 4 Consultant Deliverables: 41 Development Code Module 1 —Draft 42 4.2 Development Code Module 2—Draft#2 4.3 Development Code Module 3 —Draft#2 4.4 Development Code Definitions 4.5 Graphics Package Task 5 City Deliverables: 4.1-4.3 Present Development Code Modules 1, 2, 3 (Draft#2)to Planning Commission as each module is ready for review(Estimated meeting schedule: July-September 2012) Task 5: Procedures and Sustainability Code Evaluation (July-August) The purpose of Task 5 is to evaluate existing code provisions for consistency with City Council Goals related to Economic Development and Sustainability(Green Building) best practices, to review code amendment options with local officials, and to prepare a detailed outline/action plan for preparing related code amendments. 5.1 Consultant shall prepare a memo evaluating Ashland's current land use procedures and recommending updates for consistency with Council Goals related to economic Ashland Land Use Ordinance/Unified Development Code Update page 3 of 5 Statement of Work development. Recommendations shall be in summary form and not exceed 8 pages of text. 5.2 Consultant shall prepare a memo evaluating Ashland's current Site Design and Use Standards and recommending updates for consistency with sustainability (green building) best practices. Recommendations shall be in summary form and not exceed 8 pages of text. 5.3 Consultant shall support City staff in presenting code amendment options developed in Task 5.2 and Task 5.3 to Planning Commission. 5.4 Consultant shall revise evaluation memos and prepare an outline/action plan for related code amendments based on Planning Commission input in Task 5.3. Task S Consultant Deliverables: 5.1 Procedures Evaluation Memo 5.2 Green Building Evaluation Memo 5.3 Local officials presentation support 5.4 Revised evaluation memos and outline/action plan with recommendations Task S City Deliverables: 5.1 Review comments on Procedures Memo 5.2 Review comments on Green Building Memo 5.3 Present memos with Task 3 Code Outline to Planning Commission Task 6: Draft#3 Code Amendments—Public Review Draft(September-October) The purpose of Task 6 is to prepare a final draft of the Unified Land Use Ordinance (Development Code Draft#3)consolidating Modules 1, 2 and 3, implementing Economic Development(procedures) and Green Building best practices code amendments. Draft#3 will incorporate City comments from Tasks 4 and 5, and shall be suitable for public hearings (adoption-ready). 6.1 City staff shall provide one set of consolidated and reconciled comments/direction to consultant for code revisions. 6.2 Consultant shall prepare Development Code Draft 43, based on Task 5 recommendations and City comments provided in Task 6.1. 6.3 City is responsible for finalizing code amendments, including legislative findings, legal review, final formatting for online publication,preparation of ordinance for adoption, and public notices and hearings. Task 6 Consultant Deliverables: 6.1 Coordinate comments with City staff 6.2 Development Code Draft#3 6.3 Support City with public hearings and adoption(additional service, as needed) Task 6 City Deliverables: 6.1 Comments on final draft code amendments 6.2 Review Draft#3 and facilitate legal review 6.3 Public hearings and adoption process Ashland Land Use Ordinance/Unified Development Code Update page 4 of 5 Statement of Work Fee Schedule Task Phase and Schedule(2012) Lump Sum Fee 1.Kickoff/PMT#I Phase 1—March $720 2. Outline Phase 1 —March-April $4,800 3. Draft#1 (Phase 1) $20,850 3.1 Module 1 Phase 1 —April 3.2 PMT#2 Phase I —May 3.3 Module 2 Phase 1 —May 3.4 PMT#3 Phase 1 —June 3.5 Module 3 Phase 1 —June 3.6 PMT#4 Phase 1 —June 4.a Draft#2(Phase 1) $3,630 4.1 Module 1 Phase 1 —June 4.b Draft#2(Phase 2) $14,400 4.2 Module 2 Phase 2—July .4.3 Module 3 Phase 2—July-August 4.4 Definitions Phase 2—July-August 4.5 Graphics Package Phase 2—July-August (Allows for PC Reviews June-September) 5.Procedures and Green Phase 1 —July-August $5,060 Building Code Evaluation 6.Draft#3—Economic Phase 2—September-October* $18,000 Development and Green (*Assumes Planning Commission Building Code Amendments, completes its review of Draft#2 by Final Unified Code September) Phase 1 Subtotal $30,000 Phase 2 Subtotal $37,460 Total Project $67,460 Billing Procedures The contracted fee is"lump sum per deliverable," meaning the fee is fixed based on the statement of work; it will not exceed the total amount shown above, except where the city and consultant mutually agree in writing to reallocate budget among tasks or to authorize additional services. Invoices are mailed monthly based on percentage of completeness for each of the above tasks/deliverables. Invoices will not breakout reimbursable expenses, which are included in the not-to-exceed amounts. Bills are due on the date mailed. Accounts past due for 30 days or longer may be subject to late fees. Ashland Land Use Ordinance/Unified Development Code Update page 5 of 5 Statement of Work , 6% o CERTIFICATE OF LIABILITY INSURANCE. DA /29/2012Y �� 2/29/2012 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(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). - PRODUCER NAME: Sherry De 800g Ross 6 Associates Insurance Services, Inc. P"°"Q a( ) c No:(503)698-3844 Oregon License# 812525 ADDRESS:sherryd @ross-ins.com 9201 BE 91st Ave, Suite 220 PRODUCER 00005427 Portland OR 97086 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:Ohio Casualty Ins. Co. 24074 INSURER B Scot Siegel INSURER C: DHA: Siegel Planning Services LLC INSURER D: 15450 Boones Ferry Road #9-145 INSURER E: Lake Oswego OR 97035 INSURER F: COVERAGES CERTIFICATE NUMBER:20110501 REPO GL AO 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. ILTR TYPE OF INSURANCE ADDL POLICYEFF POLICYEXP INSR POUCYNUMBER MMIDO MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAM RENIED A 1X OCCUR X 2053475426 /1/2011 /1/2012 PREMISES(Am $ 300,000 CLAIMS-MADE MED EXP me erson $ 10,000 PERSONAL B ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRO LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea aoddem) ANY AUTO BODILY INJURY(Per person) $ A. ALL OWNED AUTOS Z053475426 11/2011 /1/2012 BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIREDAUTOS (Per accident) $ X NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ E%CESSLIAB CLAIMS-MADE AGGREGATE Is DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION 4E.L.�CH TATU- OTH- AND EMPLOYERTUASIUTY YIN ANY PROPRIETORPARTNERIEJ(ECUTIVE OFFICER/MEMBER EXCLUDED? F N/A ACCI DENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ figs,descihe under DESCRIPTIONOF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONSI LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if mom space is required) The City of Ashland, it's officers, directors and employees are hereby named as an additional insured per attached form BP7996 06/09. CERTIFICATE HOLDER CANCELLATION harrism@ashland.or.us 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. Attn: Department Cummunity Development 20 E. Main Street AUTHORIZED REPRESENTATIVE Ashland, OR 97520 Tim Cockburn/SLD ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(20og09) The ACORD name and logo are registered marks of ACORD Section II—Liability is amended as follows: I. SUPPLEMENTARY PAYMENTS Paragraph f.(1)(b)of A Coverages is replaced by the following; (b) Up to$3000 for cost of bail bond required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for"bodily injury"applies. We do not have to furnish the bonds. Paragraph 1.f.(1)(d)of A Coverages is replaced by the following; (d) All reasonable expenses incurred by the insured at our request to assist us in the Investigation or defense of the claim or"suit', including actual loss of earnings up to$500 a day because of time off from work. II. BROADENED COVERAGE FOR DAMAGE TO PREMISES RENTED TO YOU With respect to the coverage provided under this endorsement, Section II—Liability is amended as follows: 1. The final paragraph of B.1. Exclusions—Applicable To Business Liability Coverage is deleted and replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the permission of the owner, Exclusions c., d.,e., g., h., k., I., m., n.and o.do not apply to"property damage". 2. Paragraph.D.2. Liability And,Medical Expenses Limits Of Insurance is deleted and replaced by the following: The most we will pay under this endorsement for the sum of all damages because of all"property damage"to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declaration. 3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance is deleted. III. INCIDENTAL MEDICAL MALPRACTICE Exclusion 1.j.(4)does not apply to Incidental Medical Malpractice Injury coverage. The following is added to F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS: 23. "Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure to render, during the policy period,the following services: a. medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or b. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. . This coverage does not apply to: 1. expenses incurred by the insured for first-aid to others at the time of an accident and the Duties in the Event of Occurrence,Claim or Suit Condition is amended accordingly;. 2. any insured engaged in the business or occupation of providing any of the services described under a. and b.above; 3. injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under a. and b. above. IV. MOBILE EQUIPMENT 1. Section C.Who is An Insured is amended to include any person driving "mobile equipment" with your permission. V. BLANKET ADDITIONAL INSURED(OWNERS,CONTRACTORS OR LESSORS) 1. Section C. Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement. The written contract or agreement must be: a. currently in effect or becoming effective during the term of this policy; and b. executed prior to the bodily injury", "property damage", "personal and advertising injury". 02009 Liberty Mutual Insurance Company. All rights reserved. BP 79 96 06 09 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 4 VIII. DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE, CLAIM OR SUIT 1. The requirement in E. Liability And Medical Expenses General Conditions paragraph 2.a.that you must see to it that we are notified of an "occurrence"or offense which may result in a claim applies only when the "occurrence"is known to any insured listed in Paragraph C.I.Who Is An Insured or any"employee"authorized by you to give or receive notice of an"occurrence"or claim. 2. The requirements in E. Liability And Medical Expenses General Conditions paragraph 2.b.that you must see to it that we receive notice of a claim or"suit"will not be considered breached unless the breach occurs after such claim or"suit" is known to any insured listed under Paragraph C.1.Who Is An Insured or any"employee" authorized by you to give or receive notice of an"occurrence" or claim. IX. BODILY INJURY Paragraph 3. of F. Liability And Medical Expenses Definitions is replaced by the following: 3. "Bodily Injury" means: a. Bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, including death resulting from any of these at any time. X. AMENDMENT OF INSURED CONTRACT DEFINITION Paragraph 9.of F. Liability And Medical Expenses Definitions is replaced by the following: 9. "Insured contract"means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; C. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for"bodily injury"or"property damage"to a third person or organization, provided the"bodily injury"or"property damage"is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement:, (1) That indemnifies a railroad for"bodily injury"or"property damage"arising out of construction or demolition operations,within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2)above and supervisory, inspection, architectural or engineering activities. XI. PERSONAL AND ADVERTISING INJURY Paragraph 14. b. of F. Liability And Medical Expenses Definitions is replaced by the following: b. Malicious prosecution or abuse of process. ©2009 Liberty Mutual Insurance Company. All rights reserved. BP 79 96 06 09 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 4 • CITY OF ASHLAND Memo DATE: February 17, 2012 TO: Kariann Olson, Purchasing Representative FROM: Maria Harris, Planning Manager RE: Summary of Written Solicitation Process and Proposals for Unified Land Use Code Preparation Project 1. The attached limited Request for Proposal was mailed to eight consultants with experience in unified land use code preparation on November 30, 2012. A follow-up email was sent to the same set of recipients on December 5, 2012. 2. Four proposals were received as follows: • Angelo Planning Group, $78,514.60 • CSA Planning, Ltd., $36,000 - $50,500 • Siegel Planning Services, LLC, $65,200 • John C. Spencer, $63,500 3. Siegel Planning Services was selected based on demonstrated experience in completing full Unified Land Use Code updates comparable to the subject project. 4. A letter was sent to the four respondents informing them of the selection. 5. The proposals received as well as all other related information is on file at the Community Development Department. i CITY RECL IDER ?1 Page 1 / 1 �. /� CITY O F C ASHLAND LAN D DATE , :'= PO NUMBER 20 E MAIN ST. 319/2012 10732 ASHLAND, OR 97520 (541)488-5300 VENDOR: 010069 1 SHIP To: Ashland Planning Department SIEGEL PLANNING SERVICE LLC (541) 488-5305 15450 SW BOONES FERRY ROAD 51 WINBURN WAY SUITE 9-145 ASHLAND, OR 97520 LAKE OSWEGO, OR 97035 FOB Point: Req.No.: Terms: Net Dept.: Req.Del. Date: Contact: BIII Molnar Special Inst: Confirming? No .. _ . .. S;Quanh ... Unit ' .` Description . Unit Price ' Ext:.Price ' Unified Land Use Ordinance 67,460.00 Project will be completed in two phases. PHASE I is $30,000, will be completed by June 30, 2012 and will involve preparation of the code outline and first draft of the Unified Land Use Ordinance (see Tasks 1-3 in attached statement of work). PHASE II is$34,720.00, will be completed by June 30, 2013, and will involve the incorporation of graphics, green building and economic development best'practices evaluation and code language, and a final revised unified land use ordinance (see tasks 4-7 in the statement of work). Note: Phase II is subject to budget approval. Contract for Phase I is attached. Beginning date: March 1, 2012 Completion date: June 30, 2012 Insurance required/On file SUBTOTAL. 67 460.00 BILL To:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 67,460.00 ASHLAND, OR 97520 ".: Account Nuriibei Project Number . ...'Amount:. Account Number i1 Project Number_': _.Amount E 110.09.27.00.604100 67 460.00 Authqoked Signature ture VENDORCOPY FORM #3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: ziz9fzoiz Required date for delivery: Vendor Name Siegel Planning Services,LLC. Address,City,State,Zip 15450 Boones Ferry Road,Suite 9-145,Lake Oswego,OR 97025 Contact Name&Telephone Number Scot Siegel,503.699.5850 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Written findings attached ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than$5,000 ❑ Request for Proposal (Copies on f le) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract# ❑ Verbal/Written quote(s)or proposal(s) ❑ Stale of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other government agency contract $5,000 to$100,000 ❑ Written quote or proposal attached Agency ❑ (3)Written quotes attached ❑ Special Procurement Contract# PERSONAL SERVICES ❑ Written Findings(Form #9 attached) intergovernmental Agreement Y5 00 to$75.000 El Written quote or proposal attached ❑ Agency Less than$35,000,by direct appointment Date approved by Council: Date original contract approved by Council: X (3)Written proposals attached Valid until: Date (Date) Description of SERVICES Total Cost Project will be completed in two phases. Phase I is$30,000,will be completed by June 30,2012, and will involve preparation of the code outline and first draft of the Unified Land Use Ordinance (see Tasks 1-3 in attached the statement of work). Phase II is$34,720,will be completed June 30, $67,460.00' 2013, and will involve the incorporation of graphics,green building and economic development ' best practices evaluation and code language,and efinal revised unified land use ordinance see Tasks 4-7 the statement of work. Subject to budget a roval for Phase II Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal Project Number______•___ Account Number 0Q11-«. LQOL4 M Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,l certify that the City's public contracting re quirementts havg he n satisfied. Employee Signature: Department Head Signature: (Equal to or greater than$5,000) Additional signatures(if applicable): C � Funds appropriated for current fiscal year: V/ NO ,62 3191zel .. Finance Director-(Equaltoorg erthan$5,000) Date G:Finance lProcedure'APTormslUnifled Land Use Code Fonn#3-Requisition(2) Updated on: 3/212012 CITY OF ASHLAND FORM #4 DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Larry Patterson, Public Contracting Officer From: Bill Molnar, Department of Community Development Date: February 23, 2012 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The department intends to use the services of a firm with specialized experience in the area of land use code development to update the Ashland Land Use Ordinance to make the document more user-friendly by combining various separate documents, and improving the code's construction, organization, format and graphics. Additionally,review and update the land use approval process to streamline the permitting process to address concerns regarding timing and predictability, and potential impacts specifically related to economic development projects. Finally, update code to include provisions to facilitate sustainable or green development measures. The consultant's role on the project is limited to technical research and code darting. City staff will manage the public process. This project will be divided into two distinct phases to allow the deliverables to be completed over two separate budgeted years. Phase 1: In FY 11/12, the selected consultant is to complete a code outline and prepare draft amendments necessary to create one unified code document. This phase is intended to be completed by June 30, 2012 and has an estimated budgeted amount of$30,000. Phase 2: In FY 12/13, the consultant will complete draft amendments incorporating comments of the public process, graphics, streamlining the Land Use Process, complete draft code language facilitating adoption of sustainable "green codes", and completing a final draft of the uniform code Form#4-Department Head Determinations to Procure Personal Services, Page 1 of 2,3/1/2012 for adoption. The public adoption process for the Uniform Code, Sustainability Codes, and streamlined process will be conducted by City Staff subsequent to completion of the final draft materials and will be competed in FY2013. Phase 2 is estimated to cost approximately$37,460. The Planning Division has developed an initial Scope of Work which will be refined in coordination with the selected consultant and will be included in the contractual statement of work. 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 consolidate a land use code in accordance with State Law is a specialized set of skills. The experience of planning firms that specialize in such work is not held by City staff. Experience in undertaking such.substantive code work is vital to completing the work in both a thorough and efficient manner. The Community Development Department's Planning Division currently has a number of long range projects that are either underway or are to be initiated during the 14 month period identified for the Uniform Code update project. Specifically in consideration of the Planning Manager's and Senior Planner's time that will be concurrently expended on various projects (proposed updates to the wireless ordinance, adoption of green codes, development of the Normal Master Plan, Transportation System Plan, Regional Problem Solving,the Ashland/Tolman Redevelopment Plan, general departmental administration functions)there is insufficient time remaining to complete the Uniform Code update in the near term. The public involvement components of the project and the formal adoption process for the Uniform Code, Sustainability Codes, and'streamlined process will all be conducted by City Staff. Form#4-Department Head Determinations to Procure Personal Services,Page 2 of 2,,3/l/2012