HomeMy WebLinkAbout2005-181 Contract - Siegel Planning
CITY C:>F
ASHLAND
PERSONAL SERVICES CONTRACT
Personal Services contract made on the date specified below in Recital A between the City and Consultant as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Consultant: Siegel Planning Service, LLC
City Hall Address: 16067 SW Boones Ferry Rd
20 E. Main St. Lake Oswego, OR 97035
Ashland, Oregon 97520
(541) 488-6002
FAX: (541) 488-5311 Telephone: 503-699-5850
FAX: 503-699-7044
Date of this agreement:August 2, 2005 B: Date RFP 151 Advertised: April 4, 2005
Beginning Date: August 3, 2005 Proposal opening date: June 1,2005
Completion Date: January 31, 2006
2.2. Contracting officer: Gino Grimaldi
2.3. Project Name: Land Use Ordinance Review
Project Description: Review and modify the City of Ashland Land Use Ordinance (Ashland Municipal Code Chapter 18)
6.1 Consultant's representative: Scot Siegel, Principal
8.3. Maximum contract amount: $49)500
B. On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City for the project
described above. Consultant submitted a proposal in response to the RFP on the date noted above.
C. After reviewing Consultant's proposal and proposals submitted by other offerors, City selected Consultant to provide the
services covered by the RFP.
City and Consultant agree as follows:
1. Relationship between City and Consultant: Consultant accepts the relationship of trust and confidence established between
Consultant and City by this contract. Consultant covenants with the City to perform services and duties in conformance to and
consistent with the standards generally recognized as being employed by professionals of consultant's caliber in the locality of
the project. Consultant further covenants to cooperate with City, City's representatives, contractors, and other interested parties
in furthering the interests of City with respect to the project. In order to promote successful completion of the project in an
expeditious and economical manner, Consultant shall provide professional consulting services for City in all phases of the project
to which this contract applies, serve as City's professional consulting representative for the project, and give pr()fessional
consultation and advice during the term of this contract. Consultant acknowledges that City is relying on consultant to provide
professional consulting services in a manner that is consistent with the interests of City.
2. Definitions: Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the
construction industry, unless the context clearly indicates otherwise. As used in this contract:
2.1. .CityM means the City of Ashland, Oregon.
2.2. .Contracting officer. means the person specified in Recital A above or that person's designee.
2.3. MProject. means the project described in Recital A.
2.4. .Work. or .Services. shall mean all labor, materials, plans, specifications, opinions, reports, and other consulting
services and products which Consultant is required to provide under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and end no later than the completion
date specified in Recital A above, or on one of the following occurrences: 1} completion of all services required by this contract;
or 2) a date mutually agreed upon by all parties to this contract.
4. Authority of Contractina Officer: The contracting officer shall have the authority to act on behalf of City in the administration
and interpretation of this contract. The contracting officer shall have complete authority to authorize services, transmit
instructions, receive information, interpret and define City's policies and make other decisions with respect to Consultant's
services.
5. Consultina Services: Consultant shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Consultant shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's requirements relative
to the services.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the services, and act as City's
representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer on the status of services.
5.1.5. Cooperate with other consultants retained by City in the exchange of information needed for
completion of the services and the preject.
5.2. Consultant shall commence performance of services within five days after receiving written authorization from the
contracting officer for work described in the RFP. Consultant shall perform the services as expeditiously as is I:onsistent with
professional skill and care and the orderly progress of the preject. Upon request of City, Consultant shall submit for City's
approval, a schedule for the performance of work elements described in the RFP. Each schedule shall include allowance for
periods of time required for City's review and approval of Consultanfs services. Each schedule, approved by City, shall become
a part of this contract. .
5.3. Consultant shall perform the services as an independent contractor in accordance with generally accepted
standards in Consultant's profession. Consultant shall be responsible for the prefessional quality, technical aCGuracy and the
coordination of all services performed by Consultant. Consultant shall, without additional compensation, correct or revise any
error or deficiencies in the services that are caused by Consultant's negligence. City's review, approval, acceptance of, or
payment for, any of the services shall not be construed to waive any of City's rights under this contract or of any cause of action
arising out of Consultant's services. In the event of any breach of this contract by Consultant or negligent performance of any of
the services, City's cause of action against Consultant shall not be deemed to accrue until City discovers such breach or
negligence, or should have, with reasonable diligence, discovered such breach or negligence. The preceding sentence shall not
be construed, however, to allow City to prosecute an action against Consultant beyond the maximum time limitation provided by
Oregon law.
6. Assianment of Consultant's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the person specified in
Recital A above, who shall act as Consultant's representative in all communications and transactions: with City.
6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of Consultant's
employees to perform services if the requests are consistent with sound business and professional practices.
7. Responsibilities of City:
7.1. City will cooperate fully with Consultant to achieve the objectives of this contract.
7.2. City will provide information, documents, materials and services that are within the possession 01r control of City
and are required by Consultant for performance of the services.
7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and private property as
required for Consultant to perform the services.
7.4. City will provide all permits necessary for completion of the project.
7.5. The contracting officer will act as liaison between City, Consultant, public agencies, and others involved in the
preject.
8. Payment:
8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by Consultant in
performance of services in accordance with a payment schedule to be submitted by Consultant and accepted by City. No
reimbursement will be made for expenses that are not specifically itemized in this payment schedule without prior approval by
the contracting officer.
8.2. Consultant shall submit monthly invoices to City for Consultant's services within ten days after the end of the
month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in Recital A above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Consultant shall
promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City
and city governments with respect to the services including, but not limited to, provisions of ORS 279C.505i, 279C.515,
279C.520, and 279C.530.
9.2. Pursuant to ORS 279C.520(2} any person employed by Consultant who performs work under this contract shall be
paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except for persons who are excluded or
exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209.
9.3. Consultant is a .subject employer. as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to
commencing any work, Consultant shall certify to City that Consultant has workers' compensation coverage required by ORS
Chapter 656. If Consultant is a carrier insured employer, Consultant shall provide City with a certificate of insurance. If
Consultant is a self-insured employer, Consultant shall provide City with a certification from the Oregon Department of Insurance
and Finance as evidence of Consultant's status.
9.4. If the amount of this contract is $15,964 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 attached notice predominantly in areas where it will be seen by all employees.
10. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. To
the extent permitted by law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify and hold harmless
Consultant, its consultants, agents and employees against all damages, claims, expenses and losses arising out of any reuse of
plans, specifications and other documents prepared by Consultant without prior written authorization of Consulitant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and other records on the sen/ices, which are
adequate for evaluating Consultant's performance. Consultant shall maintain records in such a manner as to provide a clear
distinction between the expenditures and revenues related to the project and the expenditures and revenues related to
Consultant's other business.
11.2. Consultant's books and records shall be made available for inspection by City at reasonable times, to verify
Consultant's compliance with this contract. City shall have the right to request an audit of Consultant's books and records by a
certified public accountant retained by City.
12. Indemnification: Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless from any and
all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including injury resulting in
death,) or damage to property (including loss or destruction), of whatsoever nature arising out of or incident to tile negligent
performance of this contract by Consultant (including but not limited to, the negligent acts or omissions of 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 claims, actions, costs, judgments, damages or other expenses, directly and proximately caused
by the negligence of City.
13. Insurance:
13.1. Consultant shall, at its own expense, at all times during the term of this contract, maintain in force:
13.1.1. A comprehensive general liability policy including coverage for contractual liability for
obligations assumed under this contract, blanket contractual liability, preducts and completed operations and
owner's and contractor's protective insurance; and
13.1.2. A comprehensive automobile liability policy including owned and non-owned automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made
under the Oregon Tort Claims Act, ORS 30.260-30.270, with minimum coverage of $500,000 per occurrence (combined single
limit for bodily injury and preperty damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage.
13.3. Liability coverage shall be previded on an "occurrence" basis. "Claims made" coverage will not be acceptable
13.4. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to the
commencement of any work under this agreement. Each certificate shall state that coverage afforded under tile policy cannot be
cancelled or reduced in coverage cannot be made until at least 30 days prior written notice has been given to City. A certificate
which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. Each certificate of insurance
shall provide proof of required insurance for the duration of the contract period.
14. Default:
14.1. There shall be a default under this contract if either party fails to perform any act or obligation required by this
contract within ten days after the other party gives written notice specifying the nature of the breach with reasonable particularity.
If the breach specified in the notice is of such a nature that it cannot be completely cured within the ten day pelriod, no default
shall occur if the party receiving the notice begins performance of the act or obligation within the ten day period and thereafter
proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the othl3r party, without
allowing an opportunity to cure,' if the other party repeatedly breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue any equitable
or legal rights and remedies available under Oregon law. All remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon for Jackson
County .
15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 14.3, City may terminate by giving Consultant
written notice sixty days prior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3, Consultant may complete such analyses
and records as may be necessary to place its files in order and, where considered necessary to protect its profl3ssional
reputation, to complete a report on the services performed to date of termination.
15.3. If City terminates the contract under subsection 15.2, Consultant shall be paid for all fees earned and costs
incurred prior to the termination date. Consultant shall not be entitled to compensation for lost profits.
16. Notices: Any notice required to be given under this contract or any notice required to be given by law shall be in writing and
may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law.
16.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in Recital A
above.
16.2. Notices to Consultant shall be addressed to the Consultant's representative at the address provided for the
Consultant in Recital A above.
17. Assianment: City and Consultant and the respective successors, administrators, assigns and legal represl3ntatives of each
are bound by this contract to the other party and to the partners, successors, administrators, assigns and legal representatives of
the other party. Consultant shall not assign or subcontract Consultant's rights or obligations under this contrac:t without prior
written consent of City. Except as stated in this section, nothing in this contract shall be construed to give any rights or benefits to
anyone other than City and Consultant.
18. Modification: No modification of this contract shall be valid unless in writing and signed by the parties.
CON~ ~ G'
BY~~
CITY OF ASHLAND:
BY
NI~~ATOR
(1j
~NT HEAD
Signature
.5 tV r $4:.Z::. e:-"L ~J'U(~ f',A.t-
Print Name I
BY
TITLE 'v>.l\l'\CtP~ :5 LEbeL furJ #yJb~~~At8~ Ur(
DATE
DATE
~)~ 'LS- I U5v~
55( - Y q . ~ Cj b (
CONTENT REVIEW
DATE
FederallD #
ACCOUNT #7 / c ?'? ,/ Y ~P C:. C ~; t::J ~r tf'7 C"';
PURCHASE ORDER # t?~G;Z t'@
(for City purposes only)
*Completed IRS W-9 and Proof of required insurance form must be submitted with contract
7/25/2005 3:32 PM FROM: Fax TO: 15414886006 PAGE: 002 OF 002
ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MIIIIDDIYYYY)
07/25/2005
PRODUCER (503) 698- 3833 FAX (503)698-3844 THIS CERTIFICATE IS ISSUED AS A MA1ITER OF INFORMATION
Ross & Associates Insurance Services, Inc. ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Oregon License #812525 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
9201 SE 91st Ave, Suite 220
Portland. OR 97266 INSURERS AFFORDING COVERAGE NAIC#
INSURED Scott Siege I INSURER A: Maryland Casualty Co. 19356
DBA: Siegel Planning Services LLC INSURER B:
16067 SW Boonesferry Road INSURER c:
Lake Oswego, OR 97035 INSURER D
INSURER E:
COVERAGES
THE POliCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POliCY PERIOD Ir--IDICATED. 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
I~~ ~.g~ TYPE OF INSURANCE POlICY NUMBER ~.EY EFFECTIVE ~~.fl EXPIRATION UMITS
GENERAL UABILITY PAS43254854 05/01/2005 05/01/2006 EACH OCCURRENCE $ 1 . 000 , 000
I--
X COMMERCIAL GENERAl LIABILITY DAMAGE TO RENTED $ 1.000,000
I ClAIMS MADE 0 OCCUR MED EXP (AnyonE. person) $ 10.000
A PERSONAL & MJV INJURY $ 1 . 000 , 000
I--
GENERAl AGGREGATE $ 2.000,000
I--
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $ 2,000,000
I .nPRO- nlOC
POLICY JECT
AUTOMOBILE LIABLITY PAS43254854 05/01/2005 05/01/2006 COMBINED SINGLE LIMIT
- $
ANY AUTO (Ea acddenl) 1,000.000
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
A r---
X HIRED AUTOS BODILY INJURY
- (Per acddenl) $
X NON-OWNED AUTOS
-
- PROPERTY DAMAGE $
(Per acddenl)
GARAGE UABLITY AUTO ONLY - EA P.CCIDENT $
=i ANY AlITa OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSIUMBRElLA LIABIlITY EACH OCCURRENCE $
tJ OCCUR D ClAIMS MMJE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I ~~~T~J}i-c;; I I01~-
EMPLOYERS' UABllITY E.L. EACH ACCIDENT $
ANY PROPRIETORlPARTNERlEXECUTIVE
OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPlOYEE $
~~I~~~~~1~NS below E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECiAl PROVISIONS
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE. CANCElLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING ..,SURER WILL ENDEAVOR TO MAL
CITY OF ASHLAND COMMUNITY DEVELOPMENT _~ DAYS WRITTEN NOTICE TO THE CERTFICATE l'fOLDER NAMED TO THE LEFT.
ATTN: JOHN MCLAUGHLIN BUT FAILURE TO MAIL SUCH NOTICE SHALL IlllPOSE Nt:> OBlIGATION OR lIABIlITY
20 E MAIN ST OF ANY K-.lD UPON THE "'SURER, ITS AGENTS OR REPRESENTATIVES.
ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE ~
~?!,,'i/'
Tim Cockburn/TLU '\...r/,-t,'.~c..-'~'l:...__.....__
ACORD 25 (2001/08) FAX:
(541)488-6006
@A.CORD CORPORATION 1988
Preliminary Work Program
Siegel Planning Services proposes a five to six month work plan. The italicized text indicates
optional but recommended tasks. (Tasks 3-4 were not specified by the City's RFP.) Upon being
awarded the project, we will work with the City's project manager to refine the work program.
Task 1 - Project
Management and
Communications
Plan
~T ask 2 - Land
Use Ordinance
(Title 18) Review
Task 3 - Review
Land Use Case
Hearings
(Optional)
Task 4-
Coordinate with
CDPR (OptionaQ
Task 5 - Draft
Land Use
Ordinance (LOR)
Review Report
Task 6 - Final
Report
Confirm roles and responsibilities; determine goals and objectives;
prepare a detailed project schedule and communications plan;
prepare monthly status reports; attend management team meetings
and elected officials briefings in Ashland (allow 4 visits).
(City staff to review and approve final work plan, schedule,
communications plan and invoices; coordinate meeting logistics.)
Interview management and key City staff; prepare and distribute
questionnaire to city staff and other development review stakeholders
(to be determined); review prior land use cases and code
interpretations, including any appeals; review Title 18 and check for
code conflicts, overly-complex language or structure, inconsistencies,
typographical errors, improper references.
(City staff to review draft questionnaire; provide hardcopy and
electronic copy of ordinance; provide sample staff reports, decisions,
and interpretations; collect questionnaires.)
Observe one land use hearing in Ashland, and/or review video tapes
of prior hearings provided by City. Review staff reports and check for
clarity, consistency, and predictability in application of regulations.
(City staff to provide videos and staff reports of prior cases.)
Identify code-related findings from the Community
Development/Planning Operational and Organizational Review
(CDPR), if completed prior to LOR; and identify any organizational or
operational issues from L OR for use in CDPR.
(If the LOR consultant is not also working on the CDPR, the City will
convene the consultants for both projects and facilitate information
sharing and coordination.)
Prepare draft report identifying code conflicts, overly-complex
sections, inconsistencies, and errors in Title 18, and prepare sample
code revisions that improve the code's clarity, predictability and user-
friendliness. The first draft is for intemal review by City's project
manager. The second draft is for circulation to Planning and
Community Development staff and other City stakeholders.
(City staff to review the draft report and provide one set of
consolidated and reconciled comments.)
Revise the LOR Report per City staff comment; present the report to
Ashland's City Council; finalize the report, per client direction,
following the City Council presentation.
Project goals and objectives July- "
Project schedule December
Communications Pllan 2005 I
Status reports 1,
Meeting agendas I
Team meetings and briefingS__J
Interviews I July-August I
Stakeholders questionnaire 2005 I
I
I
I
Observe land use hearing
Review videos and staff
reports of prior hearings
Meeting with City staff to
coordinate LOR and CDPR
Regularly scheduled
telephone conferences to
coordinate LOR with CDPR.
I
I
I
I
I
I
I
J
I
I
i
!
i
J
I
September I
2005 I
I
i
August
2005
(or to be
determined)
--1
Preliminary Draft LOR Report I ~ePtembber-
Second Draft LOR Heport 2~~~m er
I
. ~I December]
Final Draft LOR Report 2005
City Council presenjtation I ----
Final LOR Report ~
r.,
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
~ve-~~-Y'~'-- Page1/1
06218
VENDOR: 010069
SIEGEL PLANNING SERVICE LLC
16067 SW SOONES FERRY ROAD
LAKE OSWEGO, OR 97035
SHIP TO: City of Ashland
(541) 488-6002
20 E MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date: 8/3/2005
Speciallnst:
Req. No.:
Dept.: ADMINISTRATION
Contact: Gino Grimaldi
Confirming? No
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
49500.00
0.00
0.00
49,500.00
N~ ?Jt'05~
Aut rized Signature
VENDOR COpy
A request for a Purchase
REQUISITION FORM
<:ITY OF
ASHLAND
Date of Req uest:
8/5/05
THIS REQUEST IS A:
o Change Order( existing PO #
Required Date of Delivery/Service: I
Siegel Planning Service, LLC
16067 SW Soones ferry Road
Lake Oswego, OR 97035
Vendor Name:
Address:
City, State, Zip:
Phone:
Fax Number
Deliver Location
Services Only
Description
Total Cost
Solicitation Pr4)Cess:
o Exempt 0 3 Written Quotes
(copies attached)
o Sole Source 0 Invillation to Bid
(copies on file)
Review and modify the City of Ashland Land Use
Ordinance (Ashland Municipal Code Chapter 18)
Maximum contract amount
$49,500
o Less than
$5000
Request for
reposal (copies on file)
Account Number _710.01.02.00.604160
*Please attach the Original signed contract and Insurance cerlificate.
Materials Only
Item # Quantity Unit
Description
Unit Cost Total Cost
OT AL COST OF
HE MATERIALS
Employee Signature.
NOTE: By signing this requisl . n form, I
Account Number ___. ~__. _ . _ _____
/; ~ e c the quotes.
pervisor/Dept. Head Signature: :e-r-
at the above request meets the City of Ashland Solicitation Process requiremE~nts and can be provided
when necessary.
G:Finance\Procedure'AP\Forms\Elevator Maintenance Requisition 2005-2006
on:07/15102
Updated