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HomeMy WebLinkAboutItem 10 Contract Approval for Track 2 of Commercial/Industrial Buildable Lands (CIBL) Inventory Consultant Services to Create a Contemporary Land Use Database and Analysis Tools DISCUSSION/ FINANCIAL IMPACT: Meeting Date: February 4, 2008 Meeting Type: Regular Department: Public Works ~ Staff Contact: Brandt Melic~I<' r S P R I N G FIE L D StatTPhone No: 726-4645 ' C I T Y C 0 U N C I L Estimated Time: Consent ITEM TITLE: CONTRACT APPROVAL FOR TRACK 2 OF COMMERCIAL/INDUSTRIAL BUILDABLE LANDS (CIBL) INVENTORY CONSULTANT SERVICES TO CREATE A CONTEMPORARY LAND USE DATABASE AND ANALYSIS TOOLS Approve/not approve the following motion: TO APPROVE THE SUBJECT CONTRACT TO ECONORTHWEST IN THE AMOUNT OF $61,000.00 FOR TRACK 2 - CONTEMPORARY LAND USE DATABASE AND PROCEDURAL DEVELOPMENT. The consultant, ECONorthwest, was chosen in December, 2007 as part of the Development Services Department (DSD) Request For Proposals (RFP) for Commercial and Industrial lands inventory, Economic Opportunities Analysis (EOA), and Goal 14 urban growth boundary amendments for all land inventories. As the RFP Scope of Work was negotiated, separate tracks were created - Track 1 for the inventory and analysis with DSD and Track 2 for the development of a Contemporary Land Use Database with the Public Works Department (PW). This contract addresses, Track 2 and the attached supporting documents defme costs, deliverables, requirements and collaboration with DSD. Track 2 deliverables provide a "Contemporary Land Use Database" and tools to support future evaluation ofthe buildable lands inventories and the re-evaluation of outcome scenarios as required by City staff. ATTACHMENTS: 1. Attachment "A":ECONorthwest Contract Agreement and attachments 2. Attachment "B": Project Initiation Form (PW/DSD Collaboration Description) The overall CIBL project fulfills a priority Council Goal and includes the following specific tasks: Commercial and Industrial lands inventories including the creation of a Contemporary Land Use Database (a one-time update ofland use data to reflect current conditions), tools and procedural guidelines for replicating analysis; Economic Opportunities Analysis; Economic Development Strategies; Goal 14 analysis of alternative sites for commercial, industrial and residential lands; preparation of findings in support of comprehensive plan amendments re-designating sites within the urban growth boundary for alternative use; and expanding the urban growth boundary. ACTION REQUESTED: . 'AGENDA ITEM SUMMARY ISSUE STATEMENT: As directed by Council at the January 8th, 2007 Work Session, this joint project establishes strong ties between land use analysis efforts underway by DSD (Track 1) and data development efforts about to begin in PW (Track 2). At the December 3rd, 2007 Council Meeting, Council approved the contract for DSD's portion of the work (Track 1). This contract with ECONorthwest, while recognizing both aspects of the project, accounts for resources needed to complete Track 2. Benefits of approving this contract include: an accurate assessment of buildable land; documentation to defenq the City's assessment; repeatable procedures for analyzing land use supply and alternate build out scenarios in support of future master plans and other related studies; and interdepartmental recommendations to sustain the Contemporary Land Use Database. Negotiated contract cost with ECONorthwest, for Track 2 of the CIBL project, is $61,000. Funds are included in the FY08 budget (611008) for this contract. This Track is closely tied to the completion of the DSD track and therefore will be \ completed concurrently by December, 2008. , } Iff CITY OF SPRINGFIELD INDEPENDENT CONTRACTOR AGREEMENT (Type 3: For Personal Services Contracts Requiring Professional Liability Insurance) Dated: Feb 4th, 2008 Pa-rties:-- ("CITY") and ECONorthWest ("Independent Contractor") Additional Independent Contractor Information: A. Type of Entity: . D Sole Proprietorship B. Address: C. Telephone: D. Fax No: E. SSN or Fed. I.D; No: F. Professional License(s) No: G. Oregon Agency Issuing License: H. ForeignContractor DYes cg] No (Foreign means not domiciled, in or registered to do business in Oregon) See Exhibit B(11). D Partners D Limited Liability Company ~ Corporation 99 W Tenth Avenue, Suite 400, Eugene, OR 97401 541.687.0051 541.344.0562 93-0639592 CITY Account Number(s) To Be Charged (Include P~rcentages): Account Number 100-62221-611 008-P41 001 201-62221-611 008-P41 001 611-62221-611 008-P41 001 617 -62221-611 008-P41 001 719-62221-611 008-P41 001 Percentage 43.33% 27.26% 17.60% 10.75% 1.06% In consideration of the mutual covenants contained herein, the parties agree to the following terms, provisions and conditions: 1. Payment by CITY. CITY shall pay Independent Contractor according to the sum and schedule described on Attachment "1" attached hereto and incorporated herein by this reference and in an amount not to exceed $61,000. 2. Services to be Performed by Independent Contractor. Independent Contractor shall perform the services described on Attachment "N Vendor Scope of Work to meet city requirements as identified in Attachment "C" Functional Requirements and receive payment as described in Attachment "B" Payment Schedule. Attachments "A", "S" and "C" are attached hereto and incorporated herein by reference. 3. Term. This Agreement is effective as of the date first set forth above and shall continue until December 31st, 2008 . unless earlier terminated in accordance with the provisions of this Agreement or by mutual consent of the parties. ' 11/2007 Independent Contractor Agreement for Personal Services Type 3 Page 1 of 8 ATTACHMENT "A": PAGE 1 OF 21 ' ~ .', " 4. Independent Contractor Status. Sy its execution of this Agreement, Independent Contractor certifies its status as an "Independent Contractor" as that term is used under the laws of the State of Oregon, and that all performance of any labor or services required to be performed by Independent Contractor under the terms of this Agreement shall be performed in accordance with the standards set forth in ORS 670.600, and as more specifically set forth on Exhibit "A" attached hereto and incorporated herein by this reference. 5. Conformance with Oregon Public Contracts Law (ORS Chapter 279). Independent Contractor shall comply with all applicable provisions of Oregon law for public contracts, including, but not limited to ORS 279S.220, ORS 279S.225, ORS 279S.230, and ORS 279S.235, and as more fully set forth on Exhibits "A" and "S" attached hereto and incorporated herein by this reference. 6. Work Performed. The work to be performed by Independent Contractor includes services generally performed by Independent Contractor in his/her/its usual line of business. 7. Tax duties and Liabilities. Independent Contractor shall be responsible for all federal, state and local taxes, if any, applicable to any payments received pursuant to this Agreement, including but not limited to income tax, payroll tax, social security and self-employment tax. CITY shall not withhold, pay, or in any other manner be responsible for payment of any taxes on behalf of Independent Contractor. 8. Reimbursement Of Expenses. Independent Contractor shall not be entitled to reimbursement by CITY for any expenses incurred by Independent Contractor unless otherwise agreed in writing. , 9. Materials and Supplies. Independent Contractor shall supply all materials and supplies needed to perform the services required unless otherwise agreed in writing. 10. No Authority To Bind CITY. Independent Contractor shall have no authority to enter into contracts on behalf of CITY, it's officers, agents and employees. This Agreement Shall not create a partnership or joint venture of any sort between the parties. 11. Federal Employment Status. In the event payment made pursuant to this Agreement is to be charged against federal funds, Independent Contractor hereby certifies that it is not currently employed by the Federal Government and the amount charged does not exceed Independent Contractor's normalcharge for the type of services provided 12. Indemnification and Hold Harmless. Independent Contractor shall defend, indemnify and hold harmless City from and against all liability or loss and against all claims or actions based upon or arising out of damage or injury to persons or property caused by or sustained in connection with the performance of this Contract by Independent Contractor except, pursuant to ORS 30.140, for losses, claims, or actions resulting from the sole negligence of City. The Independent Contractor shall assume all responsibilities for the work, and bear all losses and damages directly or indirectly resulting to the Independent Contractor, the City, or to others on account of the character or performance of the work, unforeseen difficulties, accidents, or any other cause whatsoever. The Independent Contractor shall assume defense of, indemnify and save harmless the City, its officials, agents, and employees from all claims, liability, loss, damage and injury of every kind, nature and description, directly or indirectly resulting from activities in the performance of the Contract, the ownership, maintenance or use of motor vehicles in connection therewith, or the acts, omissions, operations, or conduct of the Independent Contractor or any Subcontractor under the Contract or any way arising out of the Contract, irrespective of whether any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, liability loss, damage or injury and irrespective or whether act, omission, or conduct of the Independent Contractor or Subcontractor is merely a condition rather than a cause of a claim, liability, loss damage or injury. The Independent Contractor shall not be liable for nor be required to defend or indemnify, the City 11/2007 Independent Contractor Agreement for Personal Services Type 3 Page 2 of 8 , ATTACHMENT "An: PAGE 2 OF21 .. relative to claims for damage or damages resulting solely from acts or omissions of the City; its officials, agents or employees. The absence of or inadequacy of the liability insurance required in section 13 below shall not negate Independent Contractor's obligations in this paragraph, 13. Insurance. 13.1. General Insurance. The Independent Contractor shall maintain in force for the duration of this agreement a Commercial General Liability insurance policy written on an occurrence basis with limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. The policy will contain a "per project" aggregate endorsement. Automobile Liability (owned, non-owned and hired) insurance with limits not less than $1,000,000 per occurrence shall be maintairied. The City, its employees, officials and agents will be named as an Additional Insured where operations are being conducted related to this contract, on the General Liability policy as respects to work or services performed under this agreement to the extent that the death or bodily injury to persons or damage to property arises out of the fault of the Independent Contractor or the fault of the Independent Contractor's agents, representatives or . subcontractors. This insurance will be primary over any insurance the City may carry on its own. 13.2. Professional Liability. Independent Contractor shall maintain in force during the duration of this Agreement (and, if it is a claims made policy, for a year following completion of the project) a professional liability policy, approved by the City's Risk Manager as to terms, conditions and limits. ' 13.3. Asbestos Abatement. (Only applicable to Asbestos Contracts) The Commercial General Liability policy shall be written on a form that meets the following criteria and must be ASBESTOS SPECIFIC as follows: a. A full occurrence, form, or b. A limited occurrence form with at least a three-year (3) tail, or c. A claim made form with a three-year (3) tail. 13.4. Workers' Compensation. Independent Contractor shall provide and maintain workers' compensation coverage for its employees, officers, agents, or partners, as required by applicable workers' compensation laws. If Independent Contractor is exempt from coverage, a written statement signed by Contractor so stating the reason for the exemption shall be provided to the City. . 13.5. Evidence of Coverage. Evidence of the required coverages issued by a company satisfactory to the City shall be provided to the City by way of a certificate of insurance before any work or services commence. A 3D-day notice of cancellation or material change in coverage clause shall be included. It is the Independent Contractor's obligation to provide the 30 days notice if not done so by the Independent Contractor's insurance company(s). Failure to maintain the proper insurance shall be grounds for immediate termination of this contract. 13.6. Equipment and Material. The Independent Contractor shall be responsible for any loss, damage, or destruction of its own property, equipment, and materials used in conjunction with the work. 13.7. Subcontractors. The Independent Contractor shall require all subcontractors to provide and maintain general liability, auto liability, professional liability (as applicable), and workers' compensation insurance with coverage's equivalent to those required of the general contractor in this contract. The Independent Contractor shall require certificates of insurance from all , / subcontractors as evidence of coverage. . 13.8.. Exception or Waivers. Any exception or waiver of these requirements shall be subject to review and approval from the City's Risk Manager. , 13.9 Railroad Protective' Liability Coverage. If work being- performed under this agreement is near railroad tracks or a railroad right of way and the Railroad requires special insurance (for example: Railroad Protective Liability Coverage) Independent Contractor will be responsible for meeting the Railroad insurance requirements before any work commences. Any insurance required to be purchased by the Railroad is in addition to the insurance required by the City. 1112007 Independent ContractorAgreement for Personal Services Type 3 Page 3 of 8 . ATTACHMENT "A": PAGE 30F21 ~ 14. Termination. The performance of work under this Agreement may be terminated by CITY, in whole or in part, whenever for any reason CITY shall determine that such termination is in the best interest of CITY. Any such termination shall be effected by delivery to the Independent Contractor of a Notice of Termination specifying the extent to which performance of the work under the Agreement is terminated and the date on which such termination is effective. Upon delivery to the Independent Contractor of a Notice of Termination under this p~ragraph, the Independent Contractor and CITY shall, by agreement, make an appropriate written modification to this Agreement governing completion of portions of the independent Contractor's work and payment therefore by CITY. 15. Rights In Data. All original written material, including programs, card decks, tapes, listings, and other documentation originated and prepared for CITY pursuant to this Agreement, shall become exclusively the property of CITY. The ideas, concepts, know-how, or techniques developed during the course of this Agreement by Independent Contractor personnel can by used by either party in any way it may deem appropriate. Material already in Independent Contractor's possession, independently developed by Independent Contractor outside the scope of this Agreement, or rightfully obtained by Independent Contractor from third parties, shall belong Independent Contractor. This agreement shall not preclude Independent Contractor from developing materials which are competitive, irrespective of, their similarity to materials which might be delivered to CITY pursuant to this Agreement. Independent Contractor shall not, however, use any written materials developed under this Agreement in developing materials for others, except as provided in this section. 16. Confidentiality. During the course of performance hereunder, Independent Contractor or its agent, employees, or contractors, may receive confidential information, Independent Contractor agrees to use its best efforts to maintain the confidentiality of such information and to inform each agent and employee performing services of the confidentiality obligation that pertains to such information. 17. Assignment/Subcontract. Independent Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this agreement, in whole or in part, without the prior written approval of CITY. No such written approval shall relieve Independent Contractor of any obligations of this Agreement, and any transferee or subcontractor shall be considered the agent of Independent Contractor. Independent Contractor shall remain liable as between the original parties to this Agreement as if no such assignment had occurred. 18. Successors In Interest. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties to this Agreement and their respective successors and assigns, 19. Compliance With All Government Regulations. Independent Contractor shall comply with all Federal, State and local laws, codes, regulations and ordinances applicable to the work performed under this Agreement. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for termination of this Agreement. Damages or costs resulting from noncompliance shall be the sole responsibility of Independent Contractor. 20. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any provision of this Agreement, Independent Contractor shall pay such additional sums as the Court may adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any appeal. 21. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. CITY may terminate this Agreement upon written notice after determining such delay or default will unreasonably prevent successful performance of the Agreement. 22. Assistance Regarding Patent And Copyright Infringement. In the event of any claim or suit against CITY on account of any alleged patent or copyright infringement arising out of the performance of this Agreement or out of the use of any material furnished or work or services , performed hereunder, Independent Contractor shall defend CITY against any such suit or claim and 11/2007 Independent Contractor Agreement for Personal Services Type 3 . Pagel 4 of 8 ". .f ATTACHMENT "A": PAGE 4 OF 21 hold CITY harmless from any and all expenses, court costs, and attorney's fees in connection with such claim or suit. 23. Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 24. Access To Records. CITY and its duly authorized representatives shall have access to books, documents, papers and records of Independent Contractor which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 25. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver or relinquishment by CITY of the right to such performance in the future nor of the right to enforce any other provision of this Agreement. 26. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever, without prior written approval of CITY, No modification of this Agreement shall bind either party unless reduced to writing and subscribed by both parties, or ordered by a Court. 27. Nondiscrimination. Independent Contractor shall comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations. 28. Dual Payment. Independent Contractor shall not be compensated for work performed under this contract from any CITY agency other than the agency which is a party to this contract. 29. Remedies. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, and any litigation arising out of this Agreement shall be conducted in the courts of the State of Oregon, County of Lane, 30. Entire Agreement. This Agreement signed by both parties is the parties' final and entire Agreement and supersedes all prior and contemporaneous oral or written communications between the parties, their agents and representatives. There are no representations, promises, terms, conditions or obligations other than those contained herein. IN WITNESS WHEREOF the parties have executed this Agreement to be effective the date first set forth above. CITY OF SPRINGFIELD: INDEPENDENT CONTRACTOR By: Name: Title: Date: By: Name: Title: Date: Reviewed by City Contract Officer ~ N. WIl4~ '/~~/61 (~: ;.,' .. ~;oi_ri~~~~~~ntraclo~~:~eo';'int tor PersonalServires Type 3 "),' j:~i t';= (\ r= r>1'TY ::1'r[', ()r:i \1 f':: '.; , ~..I' 1..... ..,-) , .(,J i ~ -' I'. 1 ~ ... ':1 ~ "; _ 1 ATTACHMENT "A": PAGE 5 OF 21 EXHIBIT "A" CITY OF SPRINGFIELD INDEPENDENT CONTRACTOR AGREEMENT Independent Contractor Status All performance of any labor or services required to be performed by Independent Contractor shall be performed in accordance with the standards set forth in ORS 670.600 (2005), and as follows: A person is customarily engaged in an independently established business if any three of the following six requirements are met: 1. The person maintains a business location: a. That is separate from the business or work location of the person for whom the services are provided; or, b. That is in a portion of the person's residence and that portion is used primarily for the business. 2. The person bears the risk of loss related to the business or the provision of services as shown by factors such as: a. The person enters into fixed-price contracts; b. The person is required to correct defective work; c. The person warrants the services provided; or, d. The person negotiates indemnification agreements or purchases liability insurance, performance bonds or errors and omissions insurance. . , 4. The person provides contracted services for two or more different persons within a 12- month period, or the person routinely engages in business advertising, solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services. 5. The person makes a significant investment in the business, through means such as: a. Purchasing tools or equipment necessary to provide the services; b. Paying for the premises or facilities where the services are provided; or c. Paying for licenses, certificates or specialized training required to provide the services. 6. The person has the authority to hire other persons to provide or to assist in providing the services and has the authority to fire those persons. 1112007 Independent Contractor Agreement for Personal Services Type 3 , Page 6 of 8 . . ATTACHMENT "A": PAG'E6'OF21 EXHffiIT "B" City of Springfield Public Contracts Conformance with Oregon Public Contractors Laws Pursuant to Oregon law, every public contract shall contain the following conditions: I) Mak~ payment prOlnptly, as. ~\le, to all persons supplying to the contractor labor or ma~rial for the p~ormance of the work provided for in the contract. ORS 279B.220(1) 2) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. ORS 279B.220(2), 3) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. ORS 279B,220(3), 4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279B.220(4), 5) If the agreement is for lawn and landscape maintenance, it shall contain a condition requiring the contractor to salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost-effective, ORS 279B.225, 6) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall ~mpJy with ORS 656,017, ORS 279B.230, 7) A person may not be employed for more than 10 hours in anyone day, or 40 hours in anyone week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279A..055, the employee shall be paid at least time and a half pay: ' a) For all overtime in excess of eight hours a day or 40 hours in anyone week when the work week is five consecutive days; or For all overtime in excess of 10 hours in anyone day or 40 hours in anyone week when the work week is four consecutive days, Monday through Friday; and ' For all work performed on Saturday and on any legal holiday specified in ORS 279B.020. b) c) An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work, ORS 279B.235(1)-(2). 8) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in anyone week, except for individuals under personal services contracts who are excluded under ORS 653,010 to 653.261 or under 29 U.S,C, 201-209 from receiving overtime, ORS 279B.235(2). 9) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(B)-(G) and for all time worked in excess of 10 hours in anyone day or in excess of 40 hours in anyone week, whichever is greater. Employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number hours per day and days per week that the employees may be required to work, ORS 279B.235(5). If this agreement is for a pnblic improvement, the contract shall contain the following conditions: 10) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. ORS 279C.505(1)(a). II) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. ORS 279C.505(1)(b). ' 12) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor,or material furnished, ORS 279C.505(I)(c), 13) Pay to the Departffient of Revenue all sums withheld from employees under ORS 316.167. ORS 279C:505(1)(d): 14) The contractor shall demonstrate that an employee drug testing program is in place. ORS 279C.505(2). 11/2007 IndeperidentContractor Agreement for Personal Services Type 3 Page .7 of 8 ATTACHMENT "A": PAGE 7 OF 21 21) 22) 15) If the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or subcontractor by any person in connection with the public improvement contract as the claim becomes due, the proper officer or officers representing the state or a county, school district, municipality, municipal corporation or subdivision thereof, as the case may be, may pay such claim to the person furnishing labor or services and charge the amount of the payment against the funds due or to become due the contract by reason of the contract. If the' contractor or first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the lO-day period that payment is due under ORS 279C.580(4) and is subject to a good faith dispute as defined in ORS 279C.580, If the contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the Construction Contractors Board, unless payment is subjectto a good faith dispute as defined in ORS 279C.580. ORS 279C.515. 16) The payment of a claim does not relieve the contactor or the contractor's surety from obligation with respect to any unpaid claims. ORS 279C.515(4). 17) A person may not be employed for more than 10 hours in anyone day, or 40 hours in anyone week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such Cases, except in cases of contracts for personal services designated under ORS 279C.I 00, the employee shall be paid at least time and a half pay: " a) For all overtime in excess of eight hours a day or 40 hours in anyone week when the work week is five consecutive days; or, b) For all overtime in excess of 10 hours in anyone day or 40 hours in anyone week when the work week is four consecutive days, Monday through Friday; and, c) For all work perfonm:don Saturday and on any legal holiday specified.in ORS 279B.020, ORS 279C.520(l), An employer shall give notice in writing to employees who work on a public contract either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279B.520(2). 18) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in anyone week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S,C, 201-209 from receiving overtime. ORS 279C.520(3). 19) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540(1)(b)(B)-(G) and for all time worked in excess of 10 hours in anyone day or in excess of 40 hours in anyone week, whichever is greater. An employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279C,520(5) 20) Solicitation documents for a public improvement contract shall make specific reference to federal, state and local agencies that have enacted ordinances, rules or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect the performance of the contract A solicitation document must also make special reference to known conditions at the construction site that may require the successful bidder to comply with the ordinances, rules or regulations identified under ORS 279C.525(1). If the successful bidder encounters a condition not referred to in the solicitation documents, not caused by the successful bidder and not discoverable by a reasonable prebid visual site inspection, and the condition requires compliance with the ordinances, rules or regulations referred to under ORS 279C.525(1), the successful bidder shall immediately give notice of the condition to the contracting agency. The successful bidder may not commence work nor incur any additional job site costs in regard to the condition encountered and described in ORS 279,525(3) without written direction from the contracting agency. ORS 279C.525, Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply with ORS 656.017. ORS 279C.530. A contract for public works shall contain a provision stating the existing state prevailing rate and wage and, if applicable, the federal prevailing rate of wage required. Every contract and subcontract shall contain a provision that workers shall be paid not less than the specified minimum hourly rate of wage in accordance with ORS 279C.838. ORS 279C.830(1). U"this agreement is for demolition, the contract shall also contain the following conditions: 23) Contractor must salvage or recycle construction and demolition debris, iffeasible and cost-effective. ORS 279C.51 0(1) 11/2007 Independent Contractor Agreement for Personal Services Type 3 Page8ot8 " ATTACHMENT "A": PAGE lJ OF21 " .', . ...,~ -.':~"",,'~--'~~~~ :.-,y:~},; ATTACHMENT "A" VENDOR SCOPE OF WORK (SOW) ECO NORTHWEST P41001 Scope of Work for Track 2: Database/Model Development , Background- In 2007, the Oregon Legislature passed House Bill 3337 which allows Springfield to establish a separate Urban Growth Boundary. The City started work on this review in 2006 by initiating a residential buildable lands inventory and contracting ECONorthwest (ECO) to conduct a Goal 10 housing needs analysis. With the passage ofHB 3337, the City is now ready to complete the additional studies needed to establish a UGB. The City's goal is to develop technical analysis and documentation in the form of fmdings . to (1) determine if a UGB expansion is justified, (2) to develop technical analysis and findings to support a UGB expansion and (3) establish a "Contemporary Land Use Database" capable of supporting these analyses (1 and 2 above) and subsequent analysis as required by the City. The RFP does not include the actual UGB amendment process (which will require City and county approval). The City wants three key products: Track One: Contract with the City's Development Services Department 1. An inventory of commercialandindustriallands and a projection of the acreage needed to accommodate Springfield's future commercial and industrial needs. (Track One) 2. An analysis of alternative locations where the UGB might be expanded to accommodate the city's future commercial, industrial, and residential needs. (Track One) Track Two: Contract with the City's Public Works Department, 3.. A "Contemporary Land Use Database" comprised of current and complete land use information and specialized tools to repeat analysis described above as required by . the City. (Track Two) All three products listed above are included in the larger "CIBL Project". Within the CIBL Project there are two tracks. Track One includes key products number (1) and number (2) referenced above. Track Two includes key product number (3) referenced above. Product number (3) described in the scope of work that follows is primarily database auditing, database development and application development. February 2008 . .' ATTACHMENT "A": PAGE 9 oF21 ATTACHMENT "A" VENDOR SCOPE OF WORK (SOW) ECO NORTHWEST PROJECT APPROACH The product for Track Two (in bold) is one of the five distinct components in the overall project: . Contemporary Land Use Database: establish a current land use database able to support the analysis described herein and future analysis the City may conduct with the analysis tools and procedures developed for this project. . Technical Analysis: forecasts, buildable lands inventory, land needs analysis (housing, employment, other), and a comparison of land supply and demand. , . Alternatives Analysis: analysis of potential expansion areas (land uses, zoning, capacity, infrastructure, etc.) and cost of services. . Legal Documentation: findings, plan, and ordinance amendments. . Review and Adoption: local hearings (City and county) and LCDC review and acknowledgement. ' A critical element of the larger CIBL Project approach is strong coordination between Track One and Track Two. Occurring concurrently, the two tracks will support each other. For example, database needs and application requirements shall be gathered in Track One and transferred to Track Two. In TrackTwo, this information will be used to establish targets for database completeness and currency. Application requirements will be used to build analysis tools and identify key parameters in the application logic to permit adjustments should stakeholder direction and/or policy change in the future. A lack of strong coordination between the two tracks will impact overall project success, potentially resulting in delays, cost overruns, and negative impacts on product fitness. For this reason ECD has included mechanisms to assure strong coordination. The City and ECO have developed work plans, diagrams, and special tasks to help facilitate coordination. Some aspects of coordination have been addressed upfront (prior to signing contracts). Other aspect shall be addressed during the initial tasks (after signing contracts) and throughout the project. The diagram on the following page (Fig. 1) illustrates ECD's approach to the larger CIBL Project and dotted arrows indicate the need for strong coordination. , .. .,' Page 2 February 2008 .... ATTACHMENT"A":PAGE100F 21 Attachment A: Scope of Work ATTACHMENT "A" VENDOR SCOPE OF WORK (SOW) ECO NORTHWEST Figure 1. Project process P41001 Track Two Track One ~............ '~ ~ <( 111 u "c ............~ ~ ;- .. .. 0 "0 0 .2 ;- .. .. u; u; >> >> iii iii l: l: CD <( :;; CD l: ~ C a; CD 0 a:: ............. .. ;: CD E CD '9 cr CD a:: o ~ CD .. co .r:. 0.. CD l: C CD a:: 1: CD ~ ii. o a; ~ o ~ CD .. CD .r:. 0.. ...........~ Document Ana~is Tools and Procedures Pr~de Recommendations to sustain . Contemporary Land Used database' (SPFLD Portion) Of Reg; onal Land Use Database / ':J -''/ (SOW contracted with the PW) Population! Employment fcrecasts Land Needs Analysis '" 'in >- 111 c: <( '" CD "~ m c: ~ ;;;: Buildable Lands Inventory (suppty) Comparison rI Supply and Demand Preferred Expa"lsion A1temative c: o 'i S; E ::> g o '& CD -' Findings Com~ehensi>'e Plan Amendments c: o "R o "0 <( oil ~ '~ 0: (SOW contracted with DSD) Figure 1 provides an overview ofECD's approach to the CIBL. Project tracks are represented in vertical columns; key points of communication are drawn with dotted arrows; key components are listed in text boxes; and process flow is drawn with solid arrows. Track One is under contract with the City's Development Services Department (DSD) and Track Two is under contract with the City's Public Works Department (PW). Under each task described in the work program that follows, costs are assigned to project tracks. Tasks assigned to Track Two shall be billed to the PW contract and tasks assigned to Track One shall be billed to the DSD contract. Attachment "An: Scope of Work ' F~bruary 2008 ATTACHMENT "A": PAGE 11 OF 21 Page 3 ATTACHMENT "A" VENDOR SCOPE OF WORK (SOW) ECO NORTHWEST WORK PROGRAM To accomplish the project objectives for Track Two, ECO will complete following tasks. TASK 1: PROJECT INITIATION AND MANAGEMENT Purpose: Clarify the project scope and objectives; to facilitate ongoing communication between city staff and the consulting team. ECO will meet with city staff to review the scope of work, schedule, and budget. For that meeting, ECO will prepare a memorandum with annotated outlines of the key products. Tills meeting will also provide an opportunity to discuss the sequence of products and public review strategy for the project. ECO will also submit a data request at that meeting. ECO will conduct monthly project management meetings with the City's project manager and other key staff to track progress. These meetings can be conducted in person or by phone. Product: Outline of final products; Summary memorandum on project scope (if necessary); Develop and maintain detailed work plans for Track One (Data Analysis) and Track Two (Database/Model Development). Monthly, with city staff. $500 (Track Two funding to add material to Track One meetings when appropriate to refme Track Two work plan and identify key dependencies between Track One and Track Two. Other aspects of project management, specifically related to Track Two will occur during other Tasks listed below.) Ongoing, to occur as required during meetings scheduled under Track One. Meetings: Bndget: Schednle: TASK 2: PROCESS STEPS: COORDINATION AND REVIEW Purpose: Coordinate with Track One, refine the Contemporary Land Use Database needs, and involve decision makers and stakeholders in the process. The steps in this task relate to Track One. ECO will coordinate this project with the stakeholder committee, Technical Advisory Committee (TAC), and meetings with decision makers as appropriate. ECO will work with city staff to identify appropriate agenda items for meetings. 2.A~ COLLABORATION WITH THE TECHNICAL ADVISORY COMMITTEE ECO will work with the City to establish and convene the TAC. For Track Two, the TAC will include representatives from key agencies and City departments. For this task, ECO will conduct two meetings with the T AC. The T AC meetings will center on facilitating input from key agencies and incorporating that input into high-level consensus of the "Contemporary Land Use Database". These TAC meetings will have follow up ad hoc meetings, as necessary, with key city staff to coordinate technical details. The results from these meetings will be discussed in Track One TAC meetings so as to coordinate the project and shared deadlines. Page 4 February 2008 . ' ATTACHMEf',IT"A": PAGE 120F 21 Attachment A: ScopecifWo.rk ~ 0" ~ ~ ATTACHMENT "A" VENDOR SCOPE OF WORK (SOW) ECO NORTHWEST P41001 ECO will work with staff to determine the exact timing and content of each meeting. Prodnct: Refmed defmition of "Contemporary Land Use Database" and data needs to support Track One analysis Meetings: Potentially two meetings (as required to collect, validate and refmedefmitions of database and application needs) . Bndget: u$2,000 (Track Two funding to add material to Track One meetings when appropriate refine Track Two work plan and identify key dependencies between Track One and Track Two. Other aspects of collaboration with the T AC, specifically related to Track Two, will occur during other Tasks listed below.) Schedule: Ongoing, to occur as required during meetings scheduled under Track One. 2.8. DEFINING STAKEHOLDER NEEDS AND REQUIREMENTS OF THE "CONTEMPORARY LAND USE DATABAse" In tight coordination with Stakeholder collaboration as described in "Task 1: Process Steps: Decisionmaker, Stakeholder Input and Review" of Track One (DSD), the consultant and city staff will refme and document a high level, i.e., broad brush policy level, conceptual plan of the model input requirements and output needs for each stakeholder in regard to the land use database. This includes high-level needs for critical city projects relying on this dataset for cina1ysis. ECO will coordinate technical work sessions to determine requirements for analysis and database development. The initial work session(s) shall include Technical Advisory Committee (TAC) members and occur soon after stakeholder meetings. Subsequent work sessions shall occur, as required, with TAC members and regional common mapping members (e.g., members of the Regional Land Use Subcommittee). These meetings shall refme high-level City needs and shall occur throughout the project, as required, to adequately define a "contemporary land use database", defme high-level needs, and validate key assumptions with decision makers and stakeholders. ECO will work with Staff to determine the specific timing and format of each of these meetings. Product: High-level requirements for a "Contemporary Land Use Database" and analysis model.. . Bndget: $1,500 (Track Two funding to add material to Track One meetings when appropriate refme Track Two work plan and identify key'dependencies between Track One and Track Two. Other aspects of high level requirements, specifically related to Track. Two, will occur during other Tasks listed below.) . Scbednle: Ongoing, to occur as required during meetings scheduled under Track One. TASK 3: COMMERCIAL AND INDUSTRIAL LAND INVENTORY Purpose: To prepare an accurate inventory of commercial and industrial land that is. vacant, underutilized, or redevelopable. The consultant will help defme key parcel characteristics that make land suitable or not suitable for commercial or industrial development/redevelopment. These characteristics shall be used in part to help qualify parcels .for.inclusion in.the inventory~ ',Attachment "A": Scope of Work February 2008 ' . . . . - . ATTACHMENT "An: PAGE 13QF21. ATTACHMENT "A" VENDOR SCOPE OF WORK (SOW) ECO NORTHWEST The inventory must also identify and exclude parcels affected by natural and manmade constraints that would prohibit their feasible use for development. This task will be coordinated with Track One. Track One includes a task resulting in an inventory of buildable lands designated for employment (commercial and industrial) within the Springfield UGB. The task will use GIS data from the Lane County Commercial and Industrial Buildable Lands (CffiL) project. To ensure the most accurate data, ECO will obtain a new parcel boundary file (to account for land divisions that have occurred since the CIBL was completed in 2006). ECO will coordinate with LCOG and city GIS staff to obtain any additional data coverages. ECO propose~ to either use the Goal 9 administrative rule (OAR 660-009) definitions of buildable employment land or will work with city staff and the Stakeholder CoIDmittee to develop definitions. 3.A AUDIT EXISTING LAND USE DATABASE AND DEVELOP REQUIREMENTS FOR LAND USE DATABASE DEVELOPMENT EFFORTS. This task will complete an initial review of work underway by Lane Council of Governments (LCOG) to validate consistency between internal sources used by LCOG and assess the overall fitness of regional land use data holdings to support the supply side analysis required in Track One. This task includes coordinating closely with the City and LCOG, building upon work underway by the Regional Land Use Subcommittee, and protecting sensitive 'work-in-progress' data from unwarranted public scrutiny. ECO will operate as an extension of the City to assess the fitness of existing data holdings, to clarify data shortfalls, and to recommend specific areas for updating land use information. This task will include an independent audit using external sources andresults from field inSpection performed by ECO. The consultant shall develop an assessment of the existing land use database (base line), clarify the nature and quantifY the magnitude of errors found in the existing land use database, develop a refmed scope of work for Phase One data development, and draft a scope of work for, Phase Two data development. High-level requirements for a "Contemporary .Land Use Database" and analysis model (described above) will serve as a starting point for this work described under this task. Requirements or inventory of needs for the analysis model will be derived from meetings with the department stakeholders and be summarized in a formal document. 1bis task shall also include attendance of LCOG and Regional Land Use Committee meetings to collaborate and understand the coordination between agencies. The consultant shall attend appropriate meetings as a participant - rather than as a forrrial presentation - when meetings are scheduied. Also, two meetings with the key city staff may occur to 1) verify coordination and resolve issues as the task progresses and 2) finalize details of the report and prioritize tools to be ,created. These meetings should be between 1 - 1.5 hours in length.. Other' ad-hoc meetings with city technical staff may occur as needed. , - - - Product: Audit Report; Inventory Needs Analysis document, Baseline Repo~dra:ft Target Report (for Springfield's ContemporaryLandVseDatabase), fma~d Procedures for 'FebrualJ' 2008 .. - -. . " - ATTACHMENT' A": PAGE 14 OF21 ' ATTACHMENT "A" VENDOR SCOPE OF WORK (SOW) ECO NORTHWEST P41001 Meetings: Phase One Data Development, and draft procedures for Phase Two Data Development efforts. LCOG Land Use meetings (1- 2 meetings as appropriate), General Regional Land Use Committee or Subcommittee meetings (1 - 2 meetings as appropriate), 2 Technical staff meetings. $7,500 - (Track Two funding) Feb-March 08 Budget: Schedule: 3.8. PERFORM INITIAL DEVELOPMENT ON AND VERIFICATION OF THE EXISTING LAND USE DATABASE (PHASE ONE DATABASE DEVELOPMENT). Ibis task includes refIning the existing land use database (e.g., commercial and industrial lands within regional land use database currently maintained by LCOG) to support citywide ' commercial and industrial buildable lands inventory development efforts described below. Work shall proceed according to fInalized procedures defmed above and shall occur efficiently so as not to delay Track One of this project. Some flexibly shall be required to accommodate overlapping tasks, i.e., aspects of this task shall continue beyond related tasks in Track One of this project. The consultant shall focus on commercial and industrial properties, use readily available' external sources (such as previous CIBL studies, cur;rent orthophotography, 'drive by surveys' and marks up maps from city staff), and anecdotal evidence. ECO shall work with a stakeholder group (including groups such as the Development Community) and city staff to review and focus fIeld verifIcation of the land use database. The focused fIeld verifIcation process shall be limited to, at most, two days. Note: should recent land use data development efforts conducted by LCOG be deemed adequate for phase one development, then this task may be rolled directly into Phase Two Development, regardless, this task will transition smoothly into Phase Two pata Development effor~ ' Toward completion of this task and as buildable lands analysis begins, the consultant shall finalize procedures for Phase Two Data Development efforts. Product: Refmed Land Use Database capable of supporting citywide commercial and industrial buildable lands inventory analysis. $6,300 (Track Two funding) Stakeholder and city staff review. March-June 08 Budget: Meeting: Schedule: 3.e. DATA SYSTEM ENHANCEMENTS (PHASE Two DATABASE DEVELOPMENT) , This task will create the contemporary land use database by refining the existing land use database to support smaller area commercial, industrial and residential buildable lands inventory , ATTACHMENT "A" VENDOR SCOPE OF WORK (SOW) ECO NORTHWEST development efforts. The task will allow the City to support projects such as preferred expansion alternative areas described herein, Piped Sanitary and Surface Drainage Studies, master plans, basin characterization studies, and other localized and special stUdies that may occur as the City develops. Work shall proceed according to fmalized procedures defIned above and shall occur efficiently so as to conclude with Track One of this project (e.g., by the end of 2008). Ibis task may also include work defined in the previous task, above, as required to efficiently and effectively create a 'contemporary" land use database. The consultant will review, discuss, and document data sources used for the task to ensure the city staff understands the basis for modifIcations and can make recommendations, if necessary, to align with and augment existing city and regional datasets. Ibis will be an iterative process to verify compatibilitY with other city projects. Recommendations to the City for sustaining the contemporary land use dataset with the regional dataset will be provided based on the results of this task. During this task, transfers of working fIles to the regional production land use databases stored at LCOG Will be tested so reconciliation of the final product occurs smoothly at the end of the project. The City will coordinate transfers into regional databases and ECO will assure that project databases are compliant with regional databases. Prodnct: Budget: Schedule: "Contemporary Land Use Database" $20,000 (Track Two funding) April-Oct 08 3.0 ANALYSIS TOOL DEVELOPMENT Ibis task will result in a set of analysis tools and procedural documentation for the supply analysis aspects of the project. As feasible with resources identifIed herein, ECO may provide analysis tools and procedural documentation for the demand analysis as well. These tools and documentation shall include model assumption guidelines to allow the City to use the Contemporary Land Use Dataset (described above) to replicate the analysis process, as needed, for new studies and plans. City staff with the assistance of the consUltant will determine the key tools to be created based on the requirement/inventory document created in the audit task (3A). The consultant will identify analysis requirements for the project, build analysis tools, generate procedural guidelines and stored procedures, and create documentation - including metadata for any new coverages developed such as the contemporary land use database. The consultant will review and discuss tools and procedures for the task to ensure the city staff can replicate the process with modifIcations to the data and/or model assumptions (input or output parameters) throughout the analysis steps. Ibis will be an iterative process to verify , compatibility with other city datasets and applications. During this task, transfers of working tools and files to the City will be tested so reconciliation of the final product occurs smoothly at the end of the project. ... . Februarv 2008, '. .ATTACHMENT'(A":PAGE16 OF 21 ,. ,~, -~ , ,.'.' ATTACHMENT "A" VENDOR SCOPE OF WORK (SOW) ECO NORTHWEST P41001 Product: Budget: Schedule: "Analysis Tools and procedural step documentation $20,500 (Track Two funding) April-Oct 08 TASK 4: FINAL PRODUCTS ECO will produce the following products: . Completed Commercial and Industrial Buildable Land inventory for Phase 1 development . Completed detailed Contemporary Land Use dataset and metadata. . Completed analysis tools as stored queries or modeled prograIils. . Written procedural guidelines and documentation for the analysis tools. . Two briefing memoranda providing a report of progress, at month 6 and month 9 of the project. . Draft copies of the fimil products completed and ready for review by the Springfield Planning Commission and City Council. . Electronic files of all products including database, spreadsheet, GIS, imaging, and schematics as appropriate. All electronic documentation must be compatible with the City's hardware and software. Product: Budget: Schedule: Meetings: One, with city staff $2~ 700 (Track Two funding) Oct-Dec-08 FEE PROPOSAL ECO propose a not-to-exceed amount of $6 1,000 as identified by proposed project budget shown in Table 1. This bid includes all of the process steps, as well as funds to address the preliminary engineering evaluations required for the Alternatives Analysis. ,Attachment "N: Scop,e of Work ATTACHMENT "A": PAGE 17 6F21. ATTACHMENT "A" VENDOR SCOPE OF WORK (SOW) ECO NORTHWEST P41001 Table 1. Proposed project budget and schedule . 1.0 Work plan development and Project I nitiation (includes Task 1) $500 Feb-08 1.1 Acceptance of High-level "Contemporary LU Database" Requirements Documentation $3,500 Feb-08 (includes Task 2) 1.2 Acceptance of Audit, Baseline, draft Target Reports and finalized Phase 1 Procedure $7,500 Mar-08 (includes Task 3.a) )> -l Acceptance-of Refined Land Use database for Commercial and Industrial Buildable Lands -l 1.3 $6,300 Jun-08 )>' inventory (includes Task 3.b) '(') '. ':1:-, :s:: Document date of data sources; initial draft database and land use values (includes part of .~' 1.4 $7,500 Aug-08 -l Task 3.c) ,'..~' Delivery and Acceptance of Contemporary Land Use Database and updated Land Use $12,500 Oct-08 1.5 Values in Regional Land Use dataset (includes part of Task 3.c) ,:"0 ",.)> ,G> 1.6 Identify and document analysis requirements (includes part of Task 3.d) $4,000 Oct-08 ,m ':',-. ,co ' Delivery and Acceptance of Complete Analysis Tools and Procedural step documentation 0 1.7 $16,500 Oct-08 '"T1 (includes part of Task 3.d) , N ..... 1.8 Delivery and Acceptance of Final Reports (includes Task 4) $2,700 Dec-08 1.9 Total ECO Cost for P41001 Contract not to exceed: $61,000 A detailed work plan and meeting schedule will be developed during phase one (table 1 above). Table 1 (above) shows ECO's 'proposed project schedule resulting in products throughout the 44-week project cycle. As requested by the RFP and subsequent negotiations with the City, our schedule results in the completion of all draft products by the end of October 2008. ECO has not identified . the schedule for the stakeholder committee meetings - ECO proposes monthly meetings with the Committee. The.schedule shown in Table 2 is based on the major project tasks. If awarded the p];oject, ECO will develop a more detailed schedule : reflecting key subtasks and milestones. . Atta9hment "N: Scope of Work February 2008 Page 1 0 ATTACHMENT "B" PAYMENT SCHEDULE CITY OF SPRINGFIELD P41001 Upon acceptance by the City, the City shall pay the vendor according to the following payment schedule: ,..; .t . . . 1.0 Work plan development and Project Initiation (includes Task 1) Acceptance of High-level "Contemporary LU Database" Requirements Documentation (includes Task 2) Acceptance of Audit, Baseline, draft Target Reports and finalized Phase 1 Procedure (includes Task 3.a) Acceptance of Refined Land Use database for Commercial and Industrial Buildable Lands inventory (includes Task 3.b) . Document date of data sources; initial draft database and land use values (includes part of Task 3.c) Delivery and Acceptance of Contemporary Land Use Database and updated Land Use Values in Regional Land Use dataset (includes part of Task 3.c) Identify and document analysis requirements (includes part of Task 3.d) 1.1 1.2 1.3 1.4 1.5 1.6 1.7 Delivery and Acceptance of Complete Analysis Tools and Procedural step documentation (includes part of Task 3.d) Delivery and Acceptance of Final Reports (includes Task 4) Total ECO Cost for P41001 Contract not to exceed: $500 Feb-OB $3,500 Feb-OB $7,500 Mar-OB $6,300 Jun-OB $7,500 Aug-OB $12,500 Oct-OB , $4,000 Oct-OB $16,500 Oct-OB $2,700 Dec-OB $61,000 1.8 1.9 2.1 2.2 2.3 Payment for each Phase listed above is dependent upon City acceptance. Costs shall be based on time and materials, Total Project costs shall not exceed cost identified above without written authorization from the City. Time and materials for this P41001 Contract with the Public Works Department (PW) shall be accounted for kept separate from time and materials accounted for under Tract One Contract with The Development,Services Department (DSD), 4.7 2.4 Total Tract Two P41001 Cost Items 1.8 and 3.3 above: $90,000 ATTACHMENT "A": ,.' )> -'I, -l )> '0 J:, s: m z -l .~' "'D )>' (j), m N. ...a, , o :rl.~ N ...a, ATTACHMENT "e" FUNCTIONAL REQUIREMENTS CITY OF SPRINGFIELD P41001 Vendor shall extend the City's Land Use Database to support the following functional requirements: . . . I . '" . .. I . . . I. . 1'1 . . . I . 1 ~ppl!~~n~fl%8~gY!f@IIil!J)1iJI(il'iA!Y~1!!JJ.Bqmp!1,"t!WltIiL~mtllyt!t1g!Q!;!ljtil!!gl!3J)!tI$Llfitl.l~iNji!!Ii!I!l!Y14J!J'if_J;;j ~gtelJ'i 1 Commercial Industrial Lands Inventory (parcel level inventory of buildable lands) X 1,1 Identify vacant land . X ORS 660-009 and City Policy 1.2 Identify underutilized land X ORS 660-009 and City Policy 1.3 Identify redevelopable land X ORS 660-009 and City Policy 1.4 Cartographic and tabular reporting X 2 Economic Opportunities Analysis X Goal 9 Guidebook 2,1 Demographic (population growth) forecasting X Goal 9 Guidebook 2,2 Employment density/growth forecasting (employees per acre and net land coverage) X Goal 9 Guidebook 2,3 Market trend analysis . X Goal 9 Guidebook 2.4 Industrial lands suitability analysis X Goal 9 Guidebook 2.5 Assessment of Community Economic Development Potential X Goal 9 Guidebook 2, 6/dentification of Required Site Types X Goal 9 Guidebook 2,7 Cartographic and tabular reporting X-C- Goal 9 Guidebook 3 Land Supply Deficiencies Analysis (site comparison of land supply vs, land needed) ORS 660-009 and City Policy 3.1 Targeted industries and site requirements analysis X ORS 660-009 and City Policy 3.2 Identify the number of needed sites by size (for employment and other industrial uses) X ORS 660-009 and City Policy 3.3 Identify land needed for public and semi-public uses X ORS 660-009 and City Policy 3.4 Estimate land needs either based on existing lands or based on safe harbor (20 year land needs) X ORS 660-009 and City Policy 3.5 Classify sites (in inventory) by key characteristics (size, serviceability, physical attributes, etc.) X ORS 660-009 and City Policy 3.6 Retail vs. non-retail uses analysis X ORS 660-009 and City Policy 3.7 Cartographic and tabular reporting X ORS 660-009 and City Policy . 4 UGB Alternatives Analysis X 4.1 Analysis of parcel grouping around City's UGB (summary characteristics, exceptions, constraints, etc.) eX 4.2 Study area identification X Goal 14 (Urbanization) 4.3 Agricultural soils and exception area analysis X ORS 197.298 and ORS 197.247 4.4 Unbui/dable area analysis X 4.5 Public facilities analysis X , 4.6 Transportation analysis X 4.7 Cartographic and tabular reporting X . . -. k:\city ~is\projects\07 -08 _landuse _inventory\contracts\p41 00 l_alt _ c _requirements _0 l.doc February 2008 / // // / / PW mSD PROJECT INITIATION FORM Project Name: PW: P41001: 2007-08 Land Use Database Development Project DSD: 2007-08 CommerciallIndustrial Buildable Lands Study and Goal 14 Analysis Proiect Project Description: The overall CIBL project fulfills a priority Council Goal and includes the following specific tasks: Commercial and Industrial lands inventories including the creation of a Contemporary Land Use Database (a one-time update ofland use data to reflect current conditions), tools and procedural guidelines for replicating analysis; Economic Opportunities Analysis; Economic Development Strategies; Goal 14 analysis of alternative sites for commercial, industrial and residential lands; preparation of fmdings in support of comprehensive plan amendments re-designating sites within the urban growth boundary for alternative use; and expanding the urban growth boundary. As directed by Council at the January 8th, 2007 Work Session, this joint project requires strong ties between land use analysis efforts underway by Development Services Department (DSD) and data development efforts in the Public Works Department (PW). Project Tracks: To parse our unique responsibilities, separate tracks were created- Track 1 for the inventory and analysis with DSD and Track 2 for the development of a Contemporary Land Use Database with the PW. Track 1: The DSD CommerciallIndustrial Buildable Lands StUdy and Goal 14 Analysis Project includes: 1) Inventory of commercial and industrial lands and a projection of the acreage needed to accommodate Springfield's future commercial and industrial needs, and 2) an Analysis of alternative locations where the UGB might be expanded to accommodate the city's future commercial, industrial, and residential needs. Track 2: The Public Works Land Use Database Development Project includes: the Development of a 'ContemporarY Land Use Database" and tools to repeat the analysis identified above, as required by the City, to perform commercial, industrial and residential buildable land studies.. "Contemporary" means as current and complete as possible with existing resources, i.e., use existing contractual services funds to bring the land use data base inventory up-to-date and pool existing staff resources to extend its useful life. Ii These two projects will be conducted with a hired consultant, ECONorthwest, and be separated into two separate contracts (a contract for each Track described above) for many factors including budgetary purposes. However, the CIBL/Goal14 project and the Land Use Database Enhancement Project tasks will be coordinated together in related areas - specifically as related to the buildable lands inventory work. P41001 2007-08 LAND USE DATA & PLAN DEVELOPMENT 10/22/07 ATTACHMENT B: PAGE 1 OF 8 P41001 2007-08 LAND USE DATA & PLAN DEVELOPMENT 10/22/07 Project Purpose: In 2007, the Oregon Legislature passed House Bill 3337 which allows Springfield to establish a separate Urban Growth Boundary. The city started work on this review in 2006 by initiating a residential buildable lands inventory and contracting ECONorthwest to conduct a Goal 10 housing needs analysis. With the passage ofHB 3337, the City is now ready to complete the additional studies related to the establishment of a UGB. As the City faces increasing demands for buildable land, evaluates alternate build out scenarios, accommodates large employers, and balances citizen needs within the Urban Growth Boundary, the need for a contemporary land use database surfaces as a top priority. Wise use of existing buildable lands and accurate planning for new facilities require a 'contemporary' land use database and extensive analysis. This joint project establishes strong ties between land use analysis efforts underway by the Development Services Department (DSD) and data development efforts about to begin in the Public Works Department (PW). Working together through this joint PW/DSD project helps assure data development efforts support needed analysis and the staging of events occurs in an efficient and cost effective manner. Project Origination: Council directed DSD to perform commercial, industrial and residential buildable lands studies and directed PW to create a 'contemporary' land use data base to support this analysis. To achieve these two closely related objectives, project managers have combined these efforts into one joint project with clearly parsed out tracks (please see attached work plans). Project Background: As identified by the CommerciallIndustrial Buildable Lands (CIBL) conducted in 2006, and as discussed in subsequent issue papers and work sessions throughout 2006 and 2007, the existing land use inventory maintained by Lane Council of Governments is neither accurate enough nor current enough to complete the buildable lands analysis mentioned above. The following projects and activities, among others, identified deficiencies in the existing , land use inventory and underscored the need for a 'contemporary' land use database: 1. 2005-06 Commercial\Industrial Buildable Lands (CIBL) Study 2. 2005-06 Regional Spatial Data Adjustment Project (RSDAP) 3. 2006-07 Sanitary Basin Characterization Study 4. 2000-08 Storm Master Plan 5. 2006-08 Sanitary Master Plan 6. Managing sewer billing accounts 7. Site Plan review . 8. Site selection for new facilities such as parks, schools, fire stations, large employers, etc. PW/DSD PROJECT INITIATION FORM Page 2 ATTACHMENT B: PAGE 2 OF 8 P4100l 2007-08 LAND USE DATA & PLAN DEVELOPMENT l0/22/07 Land use information is unique as it describes the current use of the land. Information such as Zoning and Comprehensive/Refinement Plan Designation describe desired future use and/or appropriate use. Other data such as Assessment and Taxation (A&T) property class and statistical class defme the use of property at the time of appraisal. Departments across the City have been trying to rely on these other datasets with mixed results. Using different sources to estimate existing land use has resulted in varying analysis, varying assumptions and on occasion varying results. Solid decisions require reliable information, and a 'contemporary' land use database will enhance the City's ability to make solid land use decisions. Accurate and reliable land use data is essential to assessing and monitoring the' residential, commercial, and industrial land inVentories. In fact, state planning rules require cities monitor their inventories such that an adequate supply (approximately a 20- year inventory) is available within each community's urban growth area. Springfield is currently engaged in updating these inventories. At present, updates to these inventories require a significant outlay in contract service expense for consultant work. If the database used to update the inventories was structured to be replicable - without consultant assistance - the savings to the city would be significant. From an economic development standpoint, access to a current inventory of available commercial and industrial lands would allow the city to respond quickly to inquiries about potential developm~nt sites for companies interested in relocating to this area. Benefits from successful project completion include: * Accurate assessment of current available buildable land within the UGB and accurate assessment of current land use for Storm, Sanitary and Transportation facility load and capacity analysis upon project completion. * The provision of an accurate data source for completing the Commercial and Industrial Buildable Lands Study that will be combined with the Residential Lands Study to identify future land needs and to justify any needed expansion of Springfield's UGH. * Documentation to defend the City's assessment of available buildable lands. * Recommended options to sustain a 'contemporary land use database'. * Well documented, stored procedures to repeat land use analysis so the City can reanalyze land use supply, as needed, after project completion - reducing the costs and delays associated with contracting out this important function. (Although, the status of the land use data will degrade over time as data maintenance was not included in the data development budget). * The ability to respond quickly to requests for a list of potential developable sites within Springfield by the Metro Partnership and companies making inquiries. * The ability to monitor the success of the city's economic development strategy and identify changing market conditions and needs. * Cost containment by pooling budgets and staff resources. * Cost avoidance by sharing information and coordinating efforts. PW/DSD PROJECT INITIATION FORM Page 3 ATTACHMENT B: PAGE 3 OF 8 P41001 2007-08 LAND USE DATA & PLAN DEVELOPMENT 10/22/07 Coordinating resources and expertise across the two departments, DSD and PW, helps assure: 1) analysis needs drive data development efforts, 2) data development efforts support analysis time lines, 3) appropriate tasks are preformed by the appropriate people, and 4) products are delivered on time and under budget. Project Scope of Work (estimated hours): See attached Land Use Database Development Project Work Plan for more detail. Pre-Project Preparation (Nov-Dec 07): 1. Project planning and work plan development (Nov 07) 2. Refmements to RFP (Nov 07) 3.' Vendor negotiations (Dec 07) 4. RFP selection/award of contract (Dec 07/Jan 08) Joint Land Use Development/Analysis Work (Jan - Dec 08): 5. Project initiation Meeting (Jan 08) 6. Collaborative meetings between DSD and PW to coordinate project progress and deliverables 7. Project setup (procedures, protocols, etc.) (Jan -::Feb 08) 8. Data Development for Phase lAnalysis (Feb - July 08) 9. Phase One Analysis (Jan- Dec 08) 10. Data Development for Phase 2 Analysis (Feb-Dec 08) 11. Develop stored procedures for repeatable analysis 200 hrs PW 50%, DSD 50% PW 60%, DSD 40% PW 60%, DSD 40% PW 60%, DSD 40% 2,000 hrs PW 50%, DSD 50% PW, 50%, DSD 50% PW 90%, DSD 10% PW 90%, DSD 10% PW 10%. DSD 90% PW 90%, DSD 10% PW 90%, DSD 10% Project Documentation (Sept 08 - Feb09) 12. Finalize project documentation a. Data Analysis Reports (Recommendations) PW 10%, DSD 90% i. Completed CIBL Study ii. Completed Residential Buildable Lands Study iii. Recommendations for expanding the supply b. Data Development Reports PW 90%, DSD 10% i. Recommendations for sustaining a contemporary LU DBF ii. Instructions for repeating the analysis (using stored procedures) 250 hrs GISIDSD 2007-08 Land Use Data & Plan Development Project (Feb 09) 10 hrs 13. Project closur~ meeting (includes meeting prep) PW 50%, DSD 50% PW /DSD PROJECT INITIATION FORM Page 4 ATTACHMENT B: PAGE 4 OF 8 P41001 2007-08 LAND USE DATA & PLAN DEVELOPMENT. 10/22/07 Project Sponsor: Len Goodwin, Assistant Public Works Director Greg Mott, Planning Manager Project Stakeholders: Ken Vogeney, City Engineer (Engineering Division Manager) Brian Conlon, Maintenance Division Manager Susie Smith, Environmental Services Division Manager Tom Boyatt, Transportation Division Manager Project Manager(s): Brandt Melick (GIS Program Supervisor) Project Manager (Data Development) David Reesor (Community Planning)Project Manager (Needs Analysis Plan Development) Key Technical Support: Barbara Rosenbaum (GIS Analyst) Tom Laird (GIS DB~ Project Staff: (pW-Admin) Ken Vo ene 22 (PW -GIS) Brandt Melick 88 (pW-GIS Barbara Rosenbaum 220 330 (DSD Gre Mort 0.5 44 22 (DSD) David Reesor 15 44 660 (DSD) Linda Paul 10 44 440 1,122 (CMO 4 1 4 .2 44 10 .2 44 10 .2 44 10 .2 44 10 AdditionalTAC** +-30 * Each employee's supervisor must initial before final approval will be granted by PW or DSD. ** As the project progresses additional names will be added to the project Technical Advisor Committee (TAC) and the Stakeholder Committee membership lists. ' PW/DSD PROJECT INITIATION FORM Page 5 ATTACHMENT B: PAGE 5 OF 8 ,P41001 2007-08 LAND USE DATA & PLAN DEVELOPMENT 10/22/07 Project Budget/Source of Funds: It"f: l';; Si.'''' ~ if: <- '~;-'2",,~ ," '<'",~" ';!j ~ <:}-:::: ') < ),' ~~~ , ' , , , '/ ~~ "' PROjECT BUbGET,ITE~i' ,>";,; '"' ,{' :J(,;' ',;\ " ':', ," DSD ' "" ' p\v> ,,', ~ -- ':1;~:;:::f' ~~7;-,\:~- ~--~ ---;. ~<\..p::7'7-;;-----:;- M" '>:$-,-;---7 -::---- - - -;-:.:.--;---;:;;- --- -- ~- - --~ ~ -- ~--- - - -- -- - -- ---~-: Personnel Costs $30,000 $14,000 Materials and Supplies $150 $150 Capital Outlav $0 $0 Contractual Services (2008 orthophotographv) $131,000 $76,000 Total Costs $161,150 $90,150 Revenue (Name/Source) . ** ** Total Revenue ** See Special Project Coding or Accounting below for more information on Revenue Source. Project DeliverableslTimeline: , F or more information than is provided in this section, please see attached Work plan. Overall project duration: January 2008 to February 2009. Key Dates: .' 1. Land Use Data and Plan Development (Feb - Dec 08) 2. 'Post-Project Documentation (Nov 08 - Feb 09) 3. Land Use Data and Plan Development close out (Feb 09) Key Proje'ct Deliverables: 1. Buildable Land Studies (list out project deliverables). 2. ' Contemporary Land Use Database. . 3..;, Repeatable analysis tools and procedural documentation. 4. Priority list of future data development and data reimement projects. 5. Recommendations for enhancing data maintenance procedures. Lead Staff: TASK";' '1t"'.:'.;~"; " P':'~':~Y~, '''~! " > .'<. "EEz\D STAFF::>' ':'::'"', <, ,,' 'COMPl:ETION' DATE/: {, Project Management Brandt Melick 02/2009 David Reesor Audit Oversight Ken V ogeney 02/2009 Greg Mott Data Development, Analysis and Brandt Melick 02/2009 Integration Barbara Rosenbaum Plan Development and Data Analysis David Reesor 02/2009 PW/DSD PROJECT INITIATION FORM Page 6 ATTACHMENT B: PAGE 6 OF 8 , P41001 2007-08 LAND USE DATA & PLAN DEVELOPMENT 10/22/07 ~ Project Political and Other Requirements: Special processes required to complete the project include attendance at Council meetings, Planning Commission meeting, Technical Advisory Committee meetings, public hearings and/or other citizen involvement meetings may be required throughout the project. A general project overview will be presented to council once a vendor has been selected and the work plan and cost have been fmalized. Special Project Coding or Accounting: 1bis project will be funded out of existing budgets. Money was appropriated in this year's budget accordingly: ment Funds (Contractual Services: .IIt_"'~iltIQ $56,174 $12,632 $11,272 $9,036 $885 $90,000 * Technical Services Accounts, Engineering Div., Public Works Dept. 62221 62221 62221 62221 62221 100 201 617 719 611 , 611008 611008 611008 611008 611008 r_KJjl.JliiiH $0 $56,174 $0 $12,632 $0 $11,272 $0 $9,036 $0 $885 $0 $90,000 * Planning Accounts, Development Services Department. _. t < . ' .~... t Departments' Will be responsible for funding their own staff timeout' of existing program budgets. PW /DSD PROJECT INITIATION FORM Page 7 ATTACHMENT B: PAGE 7 OF 8 P41001 , 2007-08 LAND USE DATA & PLAN DEVELOPMENT- 10122/07 ' Interdepartmental Presentations and Requests for Approval: 1. Initial Presentation to DSD 2. Initial Presentation to PW MT 3. Initial Presentation to joint PW/DSD MT 4. Request for Approval from PW and DSD MT (granted) 11/28/07 1/24/08 1/24/08 Division Manager Approval: ,NA~IE~~'?':$ :\'~ "'~; ~,r,{;t~ ::; i: ';,: ::, ,,::, J>IVIslllN., ..';' .':!-, " ': '~'.DEP.mTl\iE~'l', ,':' :~::;:;,1~tfJALs*' ,:' Key V ogeney Engineering PW Greg Mott Planning DSD Department Head Approval: ~aO-. - Bill Grile, DSD Director J /Zq /d( Date Q~~~ Dan Brown, PW DIrector l~~'1 JC8 Date :z~ avid Reesor, Project Manager (DSD) 1/2-/ ~y Date ~- Brandt Melick, Project Manager (PW) 1/2~ loi I Dat~ Date of next scheduled review as required through out the project and upon project completion: January 2009 PW /DSD PROJECT INITIATION FORM Page 8 ATTACHMENT B: PAGE 8 OF 8