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HomeMy WebLinkAbout2015-103 Contract - Fregonese Associates Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Fregonese Associates Inc. ASHLAND CONTACT: Alex Joyce 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1525 SW Park Ave., Suite 200 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 503.228.3054 DATE AGREEMENT PREPARED: FAX: 503.525.0478 BEGINNING DATE: 4/20/2015 COMPLETION DATE: 6/30/2015 COMPENSATION: Not to exceed $23,000.00 SERVICES TO BE PROVIDED: Scenario planning incorporating return on investment and redevelopment analysis for the triangle transit study area in south Ashland using Envision Tomorrow (ET) planning software per attached scope of services. Also includes ET training for City staff to develop internal capacity to conduct future analvsis with ET. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $20,142.20 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused b the negligence of City. Contract for Personal Services, Revised 07/08/2014, Page 1 of 2 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to 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. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $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 Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, 11,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, Contract for Personal Services, Revised 07/08/2014, Page 2 of 2 including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the 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 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 sinature 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 sign the certification attached hereto as Exhibitlt and herein incorporated b reference. Consultant: City of Ashland By By (Igna e Department Head 1)~ v) 1 , r a L oc3 t Bill Molnar Community Development Director Print N e Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, Revised 07/08/2014, Page 3 of 3 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: 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 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: (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. v'l (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. ~w (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. e; C ntractor (Date) Contract for Personal Services, Revised 07/08/2014, Page 4 of 4 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE Per hour effective June 30, 2014 ILA (Increases annually every June 30 by the Consumer Price Index) • - . - . , portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more, ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www. ash land. or. us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Personal Services, Revised 07/08/2014, Page 5 of 5 Ashland Envision Tomorrow Services Fregonese Associates (FA) is pleased to offer City of Ashland this scope of services for the evaluation of potential land use changes within the triangle transit study area of Ashland St, Siskiyou Blvd and Tolman Creek Rd. To perform this analysis, our dynamic team of land use planning and redevelopment experts will employ Envision Tomorrow (ET) planning software, which has been used throughout Oregon and the U.S. to perform similar transit and downtown redevelopment analyses. Envision Tomorrow is a suite of planning tools that can help Ashland identify the sites within the study area that have the greatest potential for change, understand the scale of that potential change and understand how current zoning may be hindering the desired development. Envision Tomorrow includes a return on investment (ROI) model and redevelopment analysis tools that can identify which parcels are ripe for redevelopment, and what the market is capable of delivering, given current costs and rents. By understanding the market potential for development, the City of Ashland can identify zoning challenges and inform zoning changes to better capture the market's potential. Using ET, FA will also be able to quantify how these zoning changes could change the infill and redevelopment capacity within the study area. All of this is presented in a manner that allows planners to communicate scenario results with members of the public and elected officials. Proposed Scope of Services Task 1: Coordination and Project Management FA will work with City staff to determine a regular schedule for check-in calls, in-person trips and working meetings using web conferencing technology. FA proposes a biweekly schedule of meetings with additional as needed. Deliverable: Meeting and travel schedule Task 2: Model Setup and Data Gathering In order to present the City of Ashland with the most informed and up-to-date analysis, Fregonese Associates will conduct research into current market and policy landscape. This will inform FA as to the current market potential within Ashland, and how that demand aligns with current zoning and other policies. FA will begin by gathering readily available online market data, such as building costs from RS Means and current sales information from sites like Zillow, LoopNet and Costar. Two to three developer interviews (by phone or in person) will help refine those values further. Within the proposed budget, FA will need to rely on City staff to track down certain data, such as GIS data, zoning development allowances and municipal fees (SDCs and tax rates). • Market Research G Research current rental rates, sales prices, hard costs (land, construction), soft costs (SDCs, permits, taxes) • City staff to assist with SDC, permit fees and tax rate data gathering o Developer interviews (focus group or one-on-one) ■ City staff to identify contacts and help arrange meetings • Zoning Research o Understand development regulations of key zoning districts within study area ■ City staff to assist FA in filling out zoning standards research matrix provided by FA o Calibrate a portion of ET building types to current zoning • GIS Data o Parcel data ■ Key attributes needed include existing land use descriptions, housing units and employment, and market valuations of buildings and land • City staff to assist in acquiring latest GIS datasets Deliverables: • PowerPoint summarizing current market conditions • Summary Excel sheet of current zoning allowances Task 3: Model Calibration Once Fregonese Associates has a clear understanding of the current state of Ashland's market and zoning, they will use this information to calibrate Envision Tomorrow. This step is important, as it fully customizes ET and its outputs to the needs of Ashland. Throughout this process, FA will consult with City of Ashland staff to ensure that the model is in line with their vision. • Building library (up to 10) o Some calibrated to current zoning o Some calibrated to transit-friendly densities or current market Deliverables: + Calibrated ET building library Task 4: Redevelopment Analysis Within the City of Ashland, a number of vacant, underutilized, or otherwise redevelopable properties exist today. But which sites are the best candidates for new development and for public investment? How can the City target its efforts in areas where tangible improvements are attainable in the near to medium term? Our methodology is based on the assumption that parcels with the greatest redevelopment potential are within areas that have high quality urban form, positive market potential, and a high level of community support. Our analysis uses a highly graphic and technically detailed approach to create a spatial database that classifies all properties based on their urban form characteristics. • Development Feasibility Testing o Use ET tools to identify areas that have sufficient market strength to support infill and redevelopment Deliverables: PPT and GIS maps illustrating development feasibility analysis and specific candidate parcels Task 5: Viability Testing FA will use Envision Tomorrow's pro forma tools to understand how the current zoning impacts financial viability of (re)development and infill. These tools can also be used to understand how changes to zoning and transportation investments, such as streetscape improvements or enhanced transit service, can change the desirability of the area, achievable rents and, ultimately, the viability of redevelopment. FA will use the analysis of current zoning to make recommendations for changes to the zoning code that could improve the viability of redevelopment. Deliverables: • PowerPoint detailing the analysis steps, financial impacts of key zoning provisions • Memo summarizing analysis and specific recommendations for changes Task b: Site-level Scenarios Based on the findings of the redevelopment analysis, FA will identify two sites within the transit triangle study area for detailed modeling. The scenarios will analyze and compare the different land use outcomes within the existing market under the current zoning and under possible alternative development regulations. Deliverables: • Detailed site-level modeling and scenario comparisons for two (2) sites within the study area Task 7: Study Area Performance Building on the analyses above, FA will use Envision Tomorrow to quantify how changes to zoning or transportation system enhancements can impact the infill and redevelopment capacity throughout the study area. The evaluation will not be a highly detailed scenario but rather an extrapolation of the site- level lessons onto other parcels within the study area that are identified as having high redevelopment potential and an examination of the order of magnitude differences. In addition, using the Envision Tomorrow Mixed-Use District transportation model, FA will be able to measure the possible increase in walking, biking and transit ridership that could be achieved through these policy changes and investments. Deliverables: • Envision Tomorrow scenario layer (geodatabase) for the study area • PowerPoint comparing the redevelopment and infill capacity under current conditions versus an alternative future Task S: Visualizations Fregonese Associates has in-house urban design and graphics staff that can produce visualizations of what an area may look like under different development scenarios. These visualizations can provide powerful ways for both City staff and members of the public to understand what somewhat abstract changes in land use and zoning regulations will actually result in on their streets. Deliverables: + 2 visualizations showing the land use alternatives from Task 6 Task 9: Trainings One of the benefits of ET is that it is open source and uses easy to understand inputs to create comprehendible results. Throughout this project, FA staff will engage in an active knowledge transfer with City of Ashland staff, and to cap this off, we will conduct a training with City staff. This training will cover some of the more technical aspects of scenario planning in ET, and develop internal capacity to conduct future analysis with ET. Deliverables • 1 full day training with staff Pregonese Associates Staff ai u aU' c a) 0 o L) 4) rn Ashland Envision Tomorrow Services Budget 0 Q o z o a) T p lL x CO U Q a1 ~ Q Tasks _ I Coordination and Protect Management 3 3 6 3 0 $ 1,770 2 Model Setup and Data Gatlier0 0 8 S 16 $ 2,400 3 ModelCalrbrttbil 0 Q Q 8 8 $ 1,Q40 4 Redevelopment Analysis 4 4 8 16 8 $ 3,680 5 viliility Testing 0 8 8 16 4 $ 3,440 6 Site-level Scenarios 4 8 8 8 0 $ 3,240 7 Study Area Performance 0 0 0 16 16 $ 2,080 8 VISIIaIi7ali0rlS 0 0 0 16 16 $ 2,080 9 Training Labor I (Jal0 0 0 8 8 $ 1 Q40 F'~o pct Exp _nses ~ Total Project $ 21,970 Ac CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD)YYYY) 4/8/2015 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 CONTACT Cindy Cromwell NAME: Elliott Powell Baden and Baker Inc. PHONE (503)227-1771 FAAC No;(503)274--7644 1521 S.W. Salmon Street ADDRIESS:ccromwell@epbb.com _ INSURER(S) AFFORDING COVERAGE NAIC q Portland OR 97205-1783 _ INSURERA:Sentinel Insurance Co LTD 11000 INSURED INSURERB:SAIF Corporation 52412 FREGONESE & ASSOCIATES, INC INSURERC Westchester Fire Insurance 1525 SW PARK AVE. INSURER D : INSURER E : PORTLAND OR 97201 INSURER F : COVERAGES CERTIFICATE NUMBER:15-16 Gl AU WC E&O REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER IMWDDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE § 1,000,000 A CLAIMS-MADE OCCUR DAMAGE RENTED 1,000,000 PREMISES Ea occurrence $ X 52SHAPW4493 3/1/2015 3/1/2016 MED£XP(Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 i GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY IA PROT ❑ LOC 2,000,000 JEC PRODUCTS - COM PIOP AGG $ OTHER: UAUTO $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident A X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED 52UECJH5924 3/1/2015 3/1/2016 BODILY INJURY Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident PIP-Basic $ p X UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE S 1 000 000 [)ED RETENTIONS 52SBAPW4493 3/112015 3/1/2016 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETOPJPART19ERlFXECUTIVE NIA E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER I B Mandatory NH EXCLUDED? 900667 3/1/2015 3/1/2016 I rY ) E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E1. DISEASE -POLICY LIMIT $ 1,000,000 C Professional Liability G27571256001 3/27/2015 3/27/2016 2,000,000 i DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) r The certificate holder is included as an additional insured as respects the operation of the named insured per attached SS0008 04/05. CERTIFICATE HOLDER CANCELLATION (541)488-5311 harrism@ashland.or.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE $ City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ii Cindy Cromwell/CB ©1988-2014 ACORD CORPORATION. All rights reserved. } ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 0014011 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred or employees", "volunteer workers" any partner or member (if you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization, b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your "employee" With respect to "mobile equipment" registered in or "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization Any person or organization having proper responsible for the conduct of such person is also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, die but only: and only if no other insurance of any kind is (1) With respect to liability arising out of the available to that person or organization for this maintenance or use of that property; liability. However, no person or organization is and an insured with respect to: (2) Until your legal representative has a. "Bodily injury" to a co-"employee" of the been appointed. person driving the equipment; or d. Legal Representative If You Die b. "Property damage" to property owned by, Your legal representative if you die, but rented to, in the charge of or occupied by only with respect to duties as such. That you or the employer of any person who is representative will have all your rights and an insured under this provision. duties under this insurance. 5. Operator of Nonowned Watercraft e. Unnamed Subsidiary With respect to watercraft you do not own that Any subsidiary and subsidiary thereof, of is less than 51 feet long and is not being used yours which is a legally incorporated entity to carry persons for a charge, any person is of which you own a financial interest of an insured while operating such watercraft more than 50% of the voting stock on the with your permission. Any other person or effective date of this Coverage Part. organization responsible for the conduct of The insurance afforded herein for any such person is also an insured, but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an person or organization for this liability. insured under another policy or would be However, no person or organization is an an insured under such policy but for its insured with respect to: termination or upon the exhaustion of its a. "Bodily injury" to a co-"employee" of the limits of insurance. person operating the watercraft; or 3. Newly Acquired Or Formed Organization b. "Property damage" to property owned by, Any organization you newly acquire or form, rented to, in the charge of or occupied by other than a partnership, joint venture or you or the employer of any person who is limited liability company, and over which you an insured under this provision. maintain financial interest of more than 50% of 6. Additional Insureds When Required By the voting stock, will qualify as a Named Written Contract, Written Agreement Or Insured if there is no other similar insurance Permit available to that organization. However: The person(s) or organization(s) identified in a. Coverage under this provision is afforded Paragraphs a. through f. below are additional only until the 180th day after you acquire insureds when you have agreed, in a written or form the organization or the end of the policy period, whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to mare such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy; provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit, with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit, except such operations performed However, no such person or organization is an at the vendor's premises in additional insured under this provision if such connection with the sale of the person or organization is included as an product; additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "'property Any person(s) or organization(s) (referred to damage" arising out of the sole of the vendor for its below as vendor), but only with respect to negligence those of or omissions anyone else "bodily injury"" or "'property damage`" arising own acts of out of 'Your products'" which are distributed its acts employees or or acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply business and only if this Coverage Part to: provides coverage for "bodily injury" or (1) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f), or "products-completed operations hazard". (it) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor Is subject to the following additional has agreed to make or exclusions: normally undertakes to make in This insurance does not apply to: the usual course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such liability in a contract or agreement, products, or any ingredient, part or This exclusion does not apply to container, entering Into, accompanying liability for damages that the or containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury""property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 i COMMENTS/REMARKS City of Ashland, Oregon, and its elected officials, officers and employees are named as additional insureds. f ii 4! I ii i' i~ s ,i li I' y a z I' INC. COPYRIGHT 2000, AM9 SERVICES Page 1 / 1 CITY OF ASHLAND DATE PO NUMBER 20 E MAIN ST. 4/22/2015 12835 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 019379 SHIP TO: Ashland Planning Department FREGONESE ASSOCIATES INC (541) 488-5305 1525 SW PARK AVENUE SUITE 200 51 WINBURN WAY PORTLAND, OR 97201 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Maria Harris Special Inset: Confirming? No Quanti Unit Description Unit Price Ext. Price Planninq services to perform scenario 23,000.00 Planninq for the trianqle transit area study area in south Ashland and traininq for City staff for Envision Tomorrow (ET) software. Contract for Personal Services Beqinninq date: 04120/2015 Completion date: 06/30/2015 t SUBTOTAL 23,000-00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-5152-2010 TOTAL 23,000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 110.09.27.01160410 23 000.00 Au ized Signature VENDOR COPY WkM#3 CITY OF ASHLAND REQUISITION Date of request: 04/16/2015 Required date for delivery: Vendor Name FregnneseAssnciata:!nn Address, City, State, Zip 152; SW Park Ave Suite 200, Portland OR 97201 Contact Name & Telephone Number Alex Joyce, 503.228.3054 Fax Number 503.525.0478 i SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization j ❑ 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 file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ VerbaVWritten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (45,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency X Less than $35,000, by direct appointment El Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) X Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Planning services to perform scenario planning for the triangle transit area study area in south $23,000.00 Ashland and training for City staff for Envision Tomorrow ET software. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 1 TOTAL COST X Per attached quote/proposal $23,000.00 Project Number _ _ _ _ - _ _ _ Account Number 110.09.27.00.604100 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 softwareyurcliases.,ITDtrecIr Date Support-Yes/No By signing this req itiorl orm, l certify that the C7y's public contracting requirements have been satisfied. Employee: / Department Hea i (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) i Funds appropriated for current fiscal year.' YE / NO Y Finance Director- (Equal to orgreaterihan $&01 Date Comments: i Form #3 - Requisition i CITY OF ASHLAND FORM #4 DETERMINATIONS TO PROCURE PERSONAL SERVICES i. $5,000 to $75,000 I To: Dave Kanner, Public Contracting Officer l•om: Bill Molnar, Community Development Director I Date: April 14, 2015 i 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. 1= Background The City Council identified a project to develop infill-strategies for Ashland's transit corridors in the southeastern portion of the city as one of three high priority long range planning projects in March 2014. Specifically, the project objectives are: 1) develop and analyze scenarios accommodating varying levels of future employment and housing growth; 2) identify strategies to encourage a concentration and mix of housing and jobs; and 3) identify strategies to increase the desirability of the corridors for residential i living. The department's intent is to use Fregonese Associates (FA) for the evaluation of land use scenarios for the triangle transit area of Ashland St., Siskiyou Blvd., and Tolman Creek Rd. The consultant will use Envision Tomorrow (ET) planning software to conduct scenario planning incorporating return on i investment and redevelopment analysis for the study area. The project also includes ET training for City f staff to develop internal capacity to conduct future analysis with ET. ET has been used throughout Oregon and the U.S. and is a suite of planning tools that can help identify the sites within a study area that have the greatest potential for change given market conditions, transportation choices, public infrastructure, and zoning requirements. Envision Tomorrow includes a return on investment (ROl) model and redevelopment analysis tools that can identify which parcels are ripe for redevelopment, and what the market is capable of delivering, given current costs and rents. By understanding the market potential for development, the model can identify zoning and infrastructure challenges and inform how policy changes could alter the infill and redevelopment capacity within the study area. K ~f Y Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 2, 4/21/2015 The estimated cost and amount budgeted is $23,000. The project deliverables include the ET model setup and calibration, identification of developable sites based on feasibility analysis of vacant and redevelopable parcels, detailed site-level modeling for two sites, visualizations and conceptual drawings for two sites, and training for City staff. The timeline of the intended contract will be April 20, 2015 to June 30, 2015. A scope of services has been developed which outlines the work plan and tasks involved in the analysis, and will be attached to the contract as required. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? ET is a free software package that utilizes GIS data for scenario planning. City staff is well versed in using components of the model including ArcGIS and Excel software but does not have training in ET including the skills to calibrate the model to Ashland's development costs. The consultant team includes planning and redevelopment experts with expertise in GIS-based scenario planning and real estate economics. In addition to getting site specific scenarios as deliverables from the consultants work, the project serves the dual purpose of building internal capacity by training City staff to develop alternative scenarios using the model. I s i M T 3 i Form #4 - Department Head Determinations to Procure Personal Services, Page 2 of 2,4121/2015