Request for Proposals Orange Township Zoning Resolution Review and Update

Trustee Ben Grumbles  Trustee Debbie Taranto  Trustee Ryan Rivers Chair

Zoning Department Michele Boni, Development and Zoning Director

1. Important Note

Offers are advised to read, understand, and become familiar with the instructions, requirements, and specifications set forth in this Request for Proposals (“RFP”). By submitting a proposal, offerors will be presumed to be familiar with all the instructions, requirements, and specifications set forth in this RFP.

2. Introduction

The Zoning Commission for Orange Township, Delaware County, Ohio (“Commission”) is currently accepting proposals from qualified planning and zoning consultants (“Consultant”) to conduct a comprehensive review and update of the Orange Township Zoning Resolution (“Resolution”) and Orange Township Zoning Map (“Zoning Map”). The address of the Commission is as follows:

Orange Zoning Commission Orange Township Hall 1680 E. Orange Rd. Lewis Center, Ohio 43035

3. Orange Township

A. Community Profile

Orange Township, Delaware County, Ohio (“Township”) is an urban township consisting of over 30,000 people. It is located just north of Columbus, Ohio. Given its close proximity to Columbus, and the amenities and quality of life available, the Township is a desired community in which to live and work, as evidenced by its unbroken continued growth since the 1990’s. Although its use mix is predominantly residential, it also includes a diverse mix of commercial and industrial uses within its limits. The major retail corridors are US Rte. 23 (a.k.a. Columbus Pike) and S.R. 750 (a.k.a. E. Powell Road).

B. Commission

The Commission was established by R.C. § 519.04 and consists of five (5) regular members. The Commission also has two (2) alternate members, who may serve on the Commission in place of an absent regular member.

The Commission is charged with carrying out those duties assigned to it by the Ohio Revised Code. Pursuant to R.C. § 519.12, these duties include initiating, holding hearings on, and making recommendations to the Orange Township Board of Trustees (“Board”) on amendments to the Resolution. To assist it in its duties, the Commission has the authority, within the limits of the moneys appropriated by the Board, to contract with planning consultants. R.C. § 519.05. The current Resolution review and update project (“Project”) falls within these duties and this authority of the Commission.

C. Township Zoning Staff

The Orange Township Planning and Zoning Department (“Zoning Department”) consists of three (3) full-time and two (2) part-time staff members (“Zoning Staff”). The Department’s Development and Zoning Director will serve as the Project Manager and point of contact for this Project.

Members of the Zoning Staff, Commission, and Orange Township Board of Zoning Appeals (“BZA”) will play significant roles in the process. Final approval and adoption of any resulting changes to the Resolution and zoning map will be determined pursuant to the process mandated in Ohio Revised Code (“R.C.”) Section 519.12.

4. Zoning and Planning Documents

A. Current Zoning Resolution

Zoning was initially adopted in Orange Township in 1955. The current Resolution consists of thirty (30) articles containing definitions, twelve (12) zoning districts, general development standards, sign and billboard standards, and zoning board and zoning official regulations and procedures. The current zoning districts are a mix of planned and Euclidean districts. A copy of the current Resolution can be found on the Township website at:

http://www.orangetwp.org/index.aspx?NID=190.

Text amendments are made to the Resolution on almost an annual basis. The most recent text amendment to the Resolution occurred in 2020 with the implementation of the Route 23 Corridor Overlay District (RCOD). Prior text amendments to the Resolution have included expansion of the prior nominal “Definitions” section, bifurcation of the prior Planned Residential District into separate single-family and multi-family planned districts, addressing the regulation of adult uses, creation of a new planned district directed to senior housing, adoption of lighting standards, the permitting of previously prohibited temporary uses, RFP - Resolution Review and Update Page 2 of 28

delegation of landscaping and architectural review responsibility to the Zoning Inspector, as well as the periodic update of various items in response to perceived issues, changes in the law, and clerical issues.

While many changes have been made to the Resolution over the years, there has not been a major rewrite of the Resolution in decades. The current Project is anticipated to entail a major re-write to insert or address needed, desired, or missing items and correct errors and oversights that may exist.

B. “Planning Orange” – 2018 Comprehensive Land Use Plan

The Township recently adopted the 2018 Comprehensive Land Use Plan known as “Planning Orange.” The plan focuses on land use and is intended to be a guide and provide a policy basis for amendments and updates to the Resolution. The plan includes the following recommendations:

• Potential Zoning Changes for Future Discussion (Appendix B.4) • Creation of street design guidelines to help incentivize development that promotes active transportation (walking, biking, etc.). • Consider new processes to reduce obstacles facing developers seeking to build in Orange Township • Encourages Orange Township to have a new branding initiative. This is currently in process. However, it will require amendments to the signage code.

Additional recommendations are included in Planning Orange. A copy of Planning Orange can be found on the Township website at:

https://www.orangetwp.org/DocumentCenter/View/2778/Land-Use-Plan 12318?ProposalId

C. Zoning Diagnostics Report

To identify issues with the current Resolution, the Commission recent had an independent third party perform an analysis of the Resolution. This resulted in a Zoning Diagnostics Report (“Diagnostics Report”). A copy of the Diagnostics Report, including identified deficiencies with the current Resolution, is electronically available upon request. To receive a copy, send an email to Michele Boni, Township Development and Zoning Director at:

[email protected].

5. Scope of Work

The selected Consultant will conduct a comprehensive review and update of the Resolution and Zoning Map. The final scope of work shall be determined jointly by the Consultant, Zoning Staff, Commission, and BZA, but at a minimum shall include performance of the following:

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A. Collaboration • The Consultant shall receive input from and work collaboratively on this project with members of the Zoning Staff, Commission, and BZA. • The Consultant shall be responsible to all date and fact gathering for the project. • The Consultant shall be responsible for drafting all updates to the Resolution and Zoning Map. • Discussion of current difficulties experienced by the Zoning Staff, Commission, and BZA. •

B. Review • Review a) the Resolution, b) the Diagnostics Report, and c) Planning Orange. The Consultant will work closely with Zoning Staff to produce an analysis of the current Resolution, taking into account the goals, objectives and recommendations in Planning Orange (i.e. 2018 Comprehensive Land Use Plan) to ensure consideration of that plan in the analysis of the current Resolution.

C. Considerations • Consideration of updates to all articles and sections of the Resolution. • Exploration, within legal limits, of new practices and/or processes to reduce obstacles facing developers seeking to build in the Township. • Consideration of appropriate responses to the Township’s current branding initiative. This will likely involve consideration of changes to the signage code and other zoning standards. • Consideration of amendment of the signage standards in a manner calculated to comply with Reed vs. Gilbert, 135 S. Ct. 2218 (2015). • Consideration of further expansion of the “Definitions” section of the Resolution. • Consideration of land uses additional to those currently permitted. • Consideration of the “Potential Zoning Changes for Future Discussion” contained in Appendix B.4 of Planning Orange. • Consideration of the creation of a new mixed use planned district. This district would allow for a “new urbanism” style development intended to provide a sense of place and a gathering spot for the community. • Consideration of amendment of existing planned residential districts to accommodate empty-nester/condo proposals. • Consideration of amendment of the Farm Residential District (FR-1) to provide specific standards for Old Lewis Center/Lewis Center Village. • Consideration of other overlay districts, similar to the new Route 23 Corridor Overlay District (RCOD). The intent of this type of district is to encourage a mix of uses with consistent development standards and a streamlined review process. • Consideration of amendment of the General Development Standards (Article XXI). • Consideration of removing zoning districts that no longer apply or are no longer needed. • Consideration of incorporating the new, but now separate, Route 23 Corridor Overlay District (RCOD) in to the body of the updated Resolution. RFP - Resolution Review and Update Page 4 of 28

• Consideration of any and all other amendments that may benefit the Township.

D. Work • Prepare, draft, and present an analysis of the current Resolution. The analysis shall be based on the Consultant’s reviews of the Diagnostics Report and Planning Orange. • The analysis will be presented to the Commission for discussion and consideration. As requested, the Consultant shall participate in the presentation of the analysis to and discussions with the Commission. The Commission will identify and determine concerns or issues and provide those to the Consultant. • Draft amendments to the Resolution and Zoning Map. Upon receiving the concerns and issues from the Commission, the Consultant will prepare draft amendments to the Resolution and Zoning Map, including graphics. • The resulting amendments will be reviewed by the Commission and Zoning Staff for final revision. Changes and comments will be provided to the Consultant. • Incorporate requested changes and prepare the final version of the amendments to the Resolution and Zoning Map. • The final version will then be presented to the Commission and Board for action in accordance with the zoning amendment process in R.C. § 519.12. As requested, the Consultant shall participate in this process. • Incorporation of approved amendments into the Resolution and Zoning Map. The Consultant shall work with Zoning Staff to make the resulting documents accessible, interactive (electronic device compatible), and user-friendly for both the public and Township officials and staff.

E. Deliverables • Analysis of the current Resolution - Based on the Diagnostics Report and Planning Orange. • Draft amendments to the Resolution and Zoning Map. • Prepare final version of amendments to the Resolution and Zoning Map for action by the Commission and Board in accordance with the zoning amendment process in R.C. § 519.12. • Final accessible, interactive (electronic device compatible), and user-friendly versions of the Resolution and Map for ready use by both the public and Township officials and staff. • Training.

F. Training • Training. The Consultant shall provide training and resources to assistant Township officials and staff with implementation of the resulting product of this review and update.

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6. Performance Criteria

The Consultant shall provide and submit to the Zoning Staff monthly written status reports detailing the progress of the project to date. Additionally, all project drafts, components, and deliverables, whether or not complete, shall be made available upon request to the Commission and/or Zoning Staff for review and inspection at all stages of the project.

All items and/or services shall meet or exceed the requirements of this RFP and/or any resulting contract. If the Commission and/or Zoning Staff, in their sole discretion, are not satisfied with the services and/or deliverables provided, the Consultant shall re-perform the defective services and/or replace the defective deliverables.

The Consultant shall be available to attend public meetings as required by the Commission and/or Board.

If the project is conducted as one single continuous process, the project shall be completed by the end of Summer 2022. If the project is conducted as a two (2) part process over a two (2) year fiscal period, the project shall be completed by the end of Summer 2023. The Commission, in its sole discretion, shall determine whether the project is conducted as one single continuous process or a two (2) part process. The Commission will make this decision and notify the Consultant of its decision in writing prior to the Consultant beginning work on the project.

7. Project Budget

The budget for this project is $40,000 to $60,000. Proposals that fall outside of this budget may be considered. If exceeding the proposed budget, please provide additional detail as to justification. Depending on the cost, the Commission may, with the support of the Board of Orange Township Trustees, consider phasing this project over two (2) fiscal years.

8. Potential Phasing

The Commission prefers that the work be accomplished in one single continuous process. However, the Commission, in its sole discretion, may choose to phase the work as a two (2) part process over a two (2) year fiscal period. The Commission will make this determination based upon a) pricing, b) the time needed to complete the work as stated in received proposals, and/or c) other relevant factors. Offerors should include an alternative option for such phasing in their proposals.

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9. Calendar of Events

The following calendar of events will be used for this RFP. All times listed in this RFP are Eastern Daylight Savings Time (“EDST”).

EVENT DATE/TIME

Publication/Posting of Legal Notice 03/26/2021 RFP Issue 03/26/2021 Proposals First Received 04/09/2021 @ 12:00 p.m. EDST* Proposals Due 05/07/2021 @ 4:00 p.m. EDST Proposals Opened 05/10/2021 @8:00 a.m. EDST Ranking (Approx.) 05/16/2021 Presentations (3 Highest Ranked) (Approx.) 05/17/2021 – 05/28/2021 Conduct Discussions (Approx. - If Deemed Necessary) 05/17/2021 – 05/28/2021 Negotiations (Approx.) 05/28/2021 – 06/11/2021 Recommendation/Intent to Award (Approx.) 06/15/2021 Estimated Project Start Date Summer 2021 Estimated Project Completion Date (No Phasing) End of Summer 2022 Estimated Project Completion Date (Phasing) End of Summer 2023

10. Questions and Communications

Any questions regarding this RFP should be emailed to Michele Boni, Development and Zoning Director, at [email protected]. Questions and responses will be made available to all prospective offerors who receive and/or take a copy of this RFP and provide an email address to the Zoning Department. Ms. Boni will not respond to any questions that are not submitted by email.

Except for questions submitted to Ms. Boni as provided above and as otherwise provided in this RFP, from the time of release of this RFP until the time a Consultant is selected and a contract is awarded and executed, offerors shall not communicate with any Commission member, Board member, Zoning Staff, or other Township official, officer, director, employee, staff member, volunteer, representative, or agent concerning this RFP. Offerors that attempt any such communications will be disqualified. However, the Commission reserves the right to contact any offeror who has submitted a proposal after all proposals have been opened.

11. Proposal Instructions and Submittal

To submit a Proposal in response to this RFP, offerors must comply with each of the format and submission requirements in this Section and as otherwise contained in this RFP.

A. Obtaining RFP

It is the Offeror’s responsibility to obtain a full RFP. An RFP can be obtained as follows:

RFP - Resolution Review and Update Page 7 of 28 • During standard business hours (8:00 a.m. to 4:30 p.m. EDST Monday through Friday) at the Zoning Department located at:

Orange Township Planning and Zoning Department Orange Township Hall 1680 E. Orange Rd. Lewis Center, Ohio 43035

• Anytime online on the Orange Township Website (“Website”) by clicking on “Government” at the top of the home page and then selecting “Bid Opportunities” in the drop-down menu. The URL for the Website is:

https://www.orangetwp.org/.

All persons who take or receive the RFP, regardless of how they receive it, are encouraged to contact the Zoning Department in person, by phone ((740) 548-5430 x3125), or email Michele Boni, Development and Zoning Director, at [email protected] and provide their email and contact information so that they may receive any notices, supplements, amendments, and/or updates related to this RFP.

B. Submittal

Proposals shall be submitted as follows:

• Proposals will be received at the Zoning Department during standard business hours (8:00 a.m. to 4:30 p.m. EDST Monday through Friday) beginning March 29, 2021 until 4:00 p.m. local time on April 30, 2021.

• Proposals shall be enclosed in a sealed opaque envelope bearing the on the outside the offeror’s name and address and clearly marked: “Proposal for Zoning Resolution Review and Update.” If submitted by mail, the sealed envelope containing the Proposal shall be enclosed inside another outer envelope for purposes of mailing, so that the Proposal inside is not opened when opening the outer mailing envelope. Failure to do so may result in the Proposal being opened prematurely and, if so, will result in the disqualification of the Proposal.

• Proposals will be received at and shall be either delivered or mailed to:

Orange Township Planning and Zoning Department c/o Michele Boni Orange Township Hall 1680 E. Orange Rd. Lewis Center, Ohio 43035

• Mailed proposals must be physically received by the Fiscal Office at or before 4:00 p.m. EDST time on April 30, 2021. Date mailed and postmarks will not be RFP - Resolution Review and Update Page 8 of 28

considered as the date received. Proposals received after this time and date shall not be considered, be disqualified, and will be returned unopened.

• Offerors are responsible for submitting their proposals prior to the deadline. The Township will not be responsible for any internal or external delivery delays which may cause a proposal to arrive beyond the deadline.

C. Number of Copies

An original signed hard copy of the proposal, plus ten (10) hard copies and a flash drive or CD containing a digital copy of the complete proposal, must be submitted.

D. Form of Submission

Proposals shall be submitted in substantially the following form:

• The proposal shall be submitted in hard copy and digital form (flash drive or CD) as required by this RFP. Proposals sent by text message, telegram, telephone, email, and/or facsimile will not be accepted. • The proposal shall contain the full name of each entity, person, party, and/or parties submitting the proposal and all persons interested therein, as well as the address, telephone number, email address, and other contact information for the entity, person, party, and/or parties submitting the proposal. • The proposal shall be signed in ink by a person authorized to sign the proposal on behalf of the person or principal submitting the proposal. The signer shall be authorized to bind the offeror. • Proposals shall include information satisfying and/or addressing the requirements contained in this RFP. • The offeror must complete and submit all forms and documents required by and included in this RFP. • Proposals shall be enclosed in a sealed opaque envelope bearing the on the outside the offeror’s name and address and clearly marked: “Proposal for Zoning Resolution Review and Update.” If submitted by mail, the sealed envelope containing the proposal shall be enclosed inside another outer envelope for purposes of mailing, so that the proposal inside is not opened when opening the outer mailing envelope. Failure to do so may result in the proposal being opened prematurely and, if so, will result in the disqualification of the proposal. • Proposals should be addressed and submitted to:

Orange Township Planning and Zoning Department Orange Township Hall 1680 E. Orange Rd. Lewis Center, Ohio 43035

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E. Contents of Proposal

At a minimum, proposals must contain the following:

1. Cover Letter. The cover letter shall meet the following requirements: o Be in the form of a standard business letter. o Contain a statement guaranteeing the validity of the proposal for a period of no less than sixty (60) days after proposal opening date although not accepted or rejected. o Contain the name, physical address, telephone number, facsimile number, and email address of: . The person submitting the proposal. . A contact person with authority to answer questions regarding the proposal. . A contact person with authority to address legal/contractual issues. o Be signed by an individual authorized to legally bind the Offeror. 2. Offeror Information. An introduction to the offeror submitting the proposal, including, but not limited to, the offeror’s name, contact information (physical address, telephone number, facsimile number, and email address), principals, staffing, primary line of business, history, etc. . . . 3. Statement of Qualifications. A complete statement of qualifications evidencing the offeror’s capabilities, experience, facilities, equipment, technologies, etc. . . . 4. Licenses/Certifications. Copies of all licenses, permits, and/or certifications held by the offeror and/or their employees performing work on this project and applicable to the services/work to be performed. 5. Proposal. The offeror’s proposed approach and detailed solution to the required scope of work. The offeror should also include a detailed timeline for completing all the work. 6. References. Three (3) non-offeror owned or non-business partner references, including name, address, phone number, and email for each reference. The Township reserves the right to contact these references. 7. Prior Work. A listing of similar projects completed by the offeror within the last five (5) years and the name, address, phone number, and email of the contact person for each entity for whom the work was completed. The Township reserves the right to contact these references to discuss their project experience with the consultant. 8. Subcontractors. Complete listing of all subcontractors, if any are to be used. 9. Proof of Insurance. Proof of the insurance policies and coverage required by this RFP, including worker’s compensation insurance, and/or the ability to obtain such insurance policies and coverage prior to beginning any work under the contract, if awarded. By this reference the above required proof of insurance documents are incorporated into this RFP. 10. Pricing Proposal. A complete pricing proposal for all work to be completed as one single continuous process. Offerors should also include an alternative option for phasing the work as a two (2) part process over two (2) fiscal years. All price proposals shall be detailed and shall breakdown the project cost into individual work steps and deliverables. Also include the consultant’s fee schedule for additional work. RFP - Resolution Review and Update Page 10 of 28

Additionally, state in detail the Consultant’s invoicing and payment procedures, which at a minimum shall provide for detailed invoices and allow the Commission at least thirty (30) days to pay each invoice. The pricing document must be signed by an authorized representative of the offeror. 11. Schedule. A timeline for the project. This must include an estimate of the amount of time required to fully complete the project, including the timing for completion of each part of the project. 12. Meetings/Site Visits. An estimated number of required meetings/site visits. Provide detail on the nature, purpose, and estimated timing of these meetings/site visits. 13. Contract. A sample contract. The contract shall fully incorporate this RFP and its attachments and include the legal terms and conditions included in this RFP. 14. Financial Statements. If applicable, the financial statements of the offeror/company for the past one (1) year, including, balance sheet, income statement, and cash flow statement. 15. Proof of Insurance. Proof of the insurance required by Section 18(P) and (Q) of this RFP and/or the ability provide and to carry such insurance. 16. Other Documents. Completed copies of all other documents required by this RFP, including, but not limited to, the following: o Fully executed and notarized Non-Collusion Affidavit (Appendix A); o Fully executed and notarized personal property tax affidavit (Not Delinquent or Delinquent as applicable) (Appendix B); o If the offeror is a corporation, a notarized and fully executed affidavit indicating that the person that signs the proposal is authorized to sign on behalf of the corporation and bind the corporation (Appendix C); o Fully executed Non-Discrimination Form (Non-Discrimination/Equal Opportunity/Civil Rights) (Appendix D); o If applicable, fully executed Ohio Public Employees Retirement System (OPERS) Independent Contractor/Worker Acknowledgement form (Appendix E); o A completed Federal W9 form (Appendix F); All forms and affidavits referenced above are attached to this RFP and by this reference incorporated into this RFP. 17. Additional Information. Any additional information or attachments pertinent to the offeror’s proposal not included under one of the required sections listed above.

F. Organization of Proposal

The proposal shall be organized so that the sequence of sections/documents is the same as the sequence of the required content items listed in Section E above.

G. Failure to Submit Required Documents

The failure of an offeror to provide all information required by this RFP and/or to submit fully completed and signed copies or any affidavits, forms, or other documents required by this RFP may result in rejection of the entire proposal.

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H. Proposal Opening

At 8:00 a.m. on May 10, 2021, proposals will be opened at the following address/location:

Orange Township Hall 1680 E. Orange Rd. Lewis Center, Ohio 43035.

Proposals will be opened in a manner that prevents the disclosure of contents of competing offers to competing offerors

The time, date, and place of proposal opening may be changed by the Commission. Notice of any change shall be emailed not later than ninety-six (96) hours prior to the original time and date fixed for opening to all persons who have previously received or requested an RFP and provided an email address to the Zoning Department. All Proposals shall be considered valid until sixty (60) days after the proposal opening date although not accepted or rejected.

I. Validity of Proposal

All Proposals shall be considered valid until sixty (60) days after the proposal opening date although not accepted or rejected.

J. Withdrawal of Proposal Before Opening

A proposal may be withdrawn in writing at any time prior to award of a contract by giving notice to Michele Boni, Township Development and Zoning Director, at [email protected].

K. Financial Statements

If applicable, all submitted proposals shall include the financial statements of the Offeror/company for the past one (1) year. Financial statements include the balance sheet, income statement, and cash flow statement.

L. Investigations

The Commission may make such investigations as deemed necessary to determine the ability of the offeror to perform the work, and the offeror shall furnish to the Commission all such information and data for this purpose as the Commission may request. The Commission reserves the right to reject any proposal if the evidence submitted by, or investigation of, such offeror fails to satisfy the Commission that such offeror is properly qualified to carry out the obligations of the contract and to complete the required scope of work.

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M. Offeror Acknowledgement

By submitting a proposal, the offeror acknowledges that the offeror has fully and completely read and reviewed this RFP, that the offeror fully and completely understands this RFP, that the offeror has had the opportunity to discuss this RFP with and seek advice on it from legal counsel of its choosing, and the offeror agrees to be bound by all of the terms, requirements, and conditions of this RFP and its submittal.

12. Modification / Amendment / Supplement to RFP

The Commission may modify, amend, or supplement this RFP at any time during the proposal process. Modification(s), amendment(s), and/or supplement(s) to this RFP will only be by written addendum issued by the Commission.

The Commission will email any modification(s), amendment(s), and/or supplement(s) to all prospective offerors who receive and/or take a copy of this RFP and provide an email address to the Zoning Department. Any modification(s), amendment(s), and/or supplement(s) will also be posted on the Township’s website (www.orangetwp.org) and can be viewed by clicking on “Government” at the top of the home page and then selecting “Bid Opportunities” in the drop- down menu.

Should the Commission issue a modification, amendment, and/or supplement, the submission deadline, at the discretion of the Commission, may be extended, if appropriate, to accommodate changes in proposal content.

13. Ownership of Submitted Materials

All documents and materials submitted to and accepted by the Township in response to this RFP shall become the property of the Township and will be retained and maintained by the Township in accordance with applicable laws, rules, and regulations. All submitted documents and materials, including the contents of the proposal, may be subject to release/disclosure pursuant to the Ohio Public Records Act (R.C. § 149.43).

14. Costs of Submission

Offerors are responsible for any and all costs associated with submitting a proposal. The Township, including the Board and Commission, are not liable for any costs incurred by offerors in replying to this RFP.

15. Proposal Evaluation

Proposals will be evaluated as follows:

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A. Committee

Received proposals will be initially evaluated by an evaluation committee (“Committee”) using the process set forth in this RFP. The Committee will be comprised of Zoning Staff and designated members of the Commission (less than quorum). Based on its review and ranking, the Committee will make a recommendation to the Commission. The Commission will make the final determination of award based on the standard for award set forth in this RFP.

B. Factors and Criteria For Review, Evaluation, and Ranking of Proposals

The Commission intends to engage the most qualified consultant available for this project, consistent with the approved funds made available by the Board. It is imperative the consultant’s proposal fully address all aspects of this RFP. It must provide the Commission and Zoning Staff with clearly expressed information concerning the consultant’s understanding of the specific requirements which will in turn facilitate the conduct of this project in a thorough and efficient manner.

Proposals will be received, evaluated, and scored by members of the Committee using the factors and criteria in the chart below. The corresponding weight/importance of each factor and criteria is shown in the chart. Scoring will on a 100 point scale. All scoring will be in the sole discretion of each Committee member.

Factor/Criteria Weight/Importance Qualifications of the Firm: Firm’s qualifications to provide the 10 services, including, but not limited to, capabilities, experience, facilities, equipment, technologies, availability, and ability to devote time to the project. Experience of the Firm: Firm’s experience in similar projects 10 in the last five (5) years. Qualifications of Project Personnel: Qualifications of the 10 individuals assigned to work on the project, including, but not limited to education, training, relevant experience, availability, and ability to devote time to the project. Understanding of the Project: Firm’s understanding of the 15 project in regards to the scope of services and response to scope of work and content of the RFP. Project Schedule: Ability to complete the project in a timely 10 manner and meet proposed project schedule. Project Cost: The total cost, as well as the value of services 15 provided by the firm Clarity of Presentation: The quality and clarity of the 15 presentation as a response to the requirements of the scope of work and content of the RFP. Project Deliverables: The type and quality of services, 15 documents, and materials proposed to be provided during and as RFP - Resolution Review and Update Page 14 of 28

a final product to be turned over to the Commission and Zoning Staff upon project completion. TOTAL 100

The total scores given by each Committee member on each proposal will then be added together. This will result in a sum total for each proposal. The sum total will then be used to rank the proposals, with the highest sum total receiving the highest ranking.

C. Process

The following process will be used to evaluate received proposals and award the contract:

1. Open Proposals. On the date and time set in this RFP for opening proposals, Zoning Staff will open all proposals received by the submission deadline. Proposals will be opened in a manner that prevents the disclosure of contents of competing offers to competing offerors. 2. Rank. The Committee will rank each proposal using the factors and criteria identified in this RFP. 3. Presentations. Offerors submitting the three (3) highest ranked proposals will present their respective proposals to the Committee. 4. Conduct Discussions. If the Committee deems necessary, it or its designee may conduct discussions with offerors giving presentations for the purpose of ensuring a full understanding of, and responsiveness to, the requirements specified in this RFP. If such discussions occur, the Committee will: • Accord fair and equal treatment with respect to any opportunity for discussion with offerors to provide any clarification, correction, or revision of proposals; and, • Avoid disclosing any information derived from proposals submitted by competing offerors during those discussions. 5. Negotiate. The Committee will enter contract negotiations with the offeror who submits the proposal that the Committee determines is the most advantageous to the Township based on the Committee’s rankings and including any adjustment to those rankings based on presentations and discussions conducted by the Committee. The Committee will conduct discussions with only one (1) offeror at a time and may terminate negotiations with an offeror at any time during the negotiation process if the offeror fails to provide the necessary information for negotiations in a timely manner or fails to negotiate in good faith. If the Committee terminates negotiations with an offeror, the Committee shall negotiate with the offeror whose proposal is ranked the next most advantageous to the Township according to the factors and criteria as set forth in this RFP. 6. Recommendation. The Committee shall make its recommendation for award to the Commission. 7. Award. The Commission may award a contract to the offeror whose proposal is determined to be the most advantageous to the Township, taking into consideration the evaluation factors and criteria developed and set forth in this RFP. The Committee

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shall include a written statement in the contract file stating the basis on which the award is made.

16. Award

The Commission may award a contract to the offeror whose proposal is determined to be the most advantageous to the Township, taking into consideration the evaluation factors and criteria as set forth in this RFP. The Commission may award the contract in whole or in part.

The Commission shall include a written statement in the contract file stating the basis on which the award is made.

The Commission shall send a written notice to the offeror to whom it wishes to award the contract and shall make that notice available to the public. Within a reasonable time period after the award is made, the Commission shall notify all other offerors that the contract has been awarded to another offeror.

The Commission may reject any and/or all proposals, or any portion of any and/or all proposals, to waive informalities or irregularities that do not affect the substance of the specifications and contents of this RFB, and to award a contract in the manner deemed to be in the best interest of the Commission, the Township, and Delaware County, Ohio.

Neither this solicitation nor the submission of a reply to this RFP shall commit the Commission to award a contract, to pay any costs incurred in preparation of a response to this RFP, or to procure or contract any services.

17. Reservations

The Commission reserves the following rights:

A. To select the proposal determined to be the most advantageous to the Township, taking into consideration the evaluation factors and criteria as set forth in this RFP. B. To waive informalities or irregularities that do not affect the substance of the specifications and contents of this RFB. C. To reject any or all proposals received. D. To modify or cancel, in whole or in part, the scope of the project reflected in this RFP. E. To reject any proposal not in compliance with all of this RFP. F. To reject any proposal in which the offeror takes exception to the terms and conditions of the RFP; fails to meet the terms and conditions of RFP, including but not limited to, the scope of work, standards, specifications, and requirements specified in the RFP; or submits prices that the Commission considers to be excessive, compared to existing market conditions, or determines exceed the available funds of the Commission. G. To reject, in whole or in part, any proposal that the Commission determines, using the factors and criteria set forth in this RFP, that is not in the best interest of the Township.

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H. To conduct discussions with offerors who submit proposals for the purpose of clarifications or corrections regarding a proposal to ensure a full understanding of, and responsiveness to, the requirements specified in the RFP.

18. Required Contract Terms and Conditions

Any contract resulting from this RFP shall include, but is not limited to including, all of the following terms and conditions, without exception:

A. Records Retention: For a minimum of three (3) years after receiving compensation for services rendered under this contract or as otherwise required by any applicable law, regulation, rule, or records retention schedule, whichever requires the longest retention period, Consultant shall retain and maintain all books, records, documents, papers, subcontracts, invoices, receipts, payrolls, personnel records, enrollees records, reports, documents and all other information or data relating to all matters covered by this contract (collectively “Records”). If an audit, litigation, prosecution, or other action (collectively “Action”) is initiated during the term of contract, Consultant shall retain and maintain the Records until the Action is concluded and all issues are resolved or the applicable retention period has expired, whichever is later.

B. Access to Records: At any time during regular business hours (Monday- Friday, 8:00 AM – 4:30 PM) and with reasonable notice, consultant shall make available to the Commission, Board, and/or Township or their authorized representatives, at no cost and within a reasonable period of time, any and/or all Records. The Commission, Board, and/or Township or their authorized representatives shall be permitted to inspect or audit and/or make excerpts, photocopies, and/or transcripts of the Records.

C. Assignment: This Agreement and/or any of the rights or responsibilities it contains may not be assigned or transferred to any other party without the express written consent of the Commission.

D. Audit: Consultant agrees to submit to and cooperate with any audit and accept responsibility for receiving, replying to, and/or complying with any audit exception by any appropriate federal, state, local, or independent audit authority. Consultant agrees to reimburse the Commission the amount of any identified audit exception.

E. Authority: The Commission is authorized by R.C. § 519.05 to enter this contract.

F. Non-Discrimination/Equal Opportunity/Civil Rights: Consultant agrees to both of the following:

• That, in the hiring of employees for the performance of work under this contract or any subcontract, that neither consultant nor any subcontractor, by reason of race, color, religion, sex, sexual orientation, transgender status, age, disability or military status as defined in R.C. § 4112.01, national origin, or ancestry, shall discriminate against any

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citizen of this state in the employment of a person qualified and available to perform the work to which the contract relates;

• That neither consultant nor any subcontractor or person acting on behalf of either, in any manner, shall discriminate against, intimidate, or retaliate against any employee hired for the performance of work under this contract on account of race, color, religion, sex, sexual orientation, transgender status, age, disability or military status as defined in R.C. § 4112.01, national origin, or ancestry.

Consultant shall have a written affirmative action program for the employment and effective utilization of economically disadvantaged persons, as referred to in R.C. § 122.71(E)(1). Annually, consultant shall file a description of the affirmative action program and a progress report on its implementation with the equal employment opportunity office of the department of administrative services.

Consultant agrees to the above and, by the signature of its authorized representative on attached Appendix D (Non-Discrimination/Equal Opportunity/Civil Rights), certifies that it complies with all applicable federal, state, and local laws regarding non-discrimination, equal opportunity, and/or civil rights and will not discriminate.

G. Collusion Prohibited: Consultant shall not engage in any collusion in connection with this RFP. Consultant certifies as follows: • The proposal is not entered or made in the interest of or on behalf of an undisclosed person, partnership, company, association, organization, or corporation. • The proposal is genuine and not collusive or a sham. • Consultant has not directly or indirectly induced or solicited any other person or entity to submit a false or sham proposal. • Consultant has not directly or indirectly colluded, conspired, connived or agreed with any other person or entity to put in a sham proposal or that anyone shall refrain from submitting a proposal. • Consultant has not directly or indirectly colluded, conspired, connived or agreed with any other person or entity concerning or regarding the proposal or any contract that results from this RFP. • Consultant has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the price of this proposal, to fix any overhead, profit or cost element of this proposal or any contract that results from this RFP, or to secure any advantage against the Commission, Board, Township or anyone interested in any contract that results from this RFP. • This proposal is not a product of collusion with any other person, or entity, and no effect has been made to fix any overhead, profit or cost element of any proposed price. • Consultant has not directly or indirectly submitted its proposal, proposal price, or any break-down thereof, or the contents thereof, or divulged any information or data relative thereto, or paid and will not pay any fee in connection therewith to any corporation, partnership, company, association, organization, proposal/bid depository, or to any member or agent thereof, or to any other individual except to such person or

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persons as have a partnership or other financial interest with the consultant in its general business.

H. Conflict of Interest: Consultant shall have no conflicts of interest concerning this contract and/or the services provided. Consultant certifies that he/she is currently unaware of and that there are no conflicts of interest involving either Consultant or its subcontractors and/or their respective boards, board members, officers, officials, administrators, directors, employees, volunteers, agents, and representatives that would prohibit Consultant from entering this contract or providing the services. Consultant agrees to immediately notify the Commission and Zoning Staff when and if Consultant becomes aware of any actual or potential conflict(s) of interest that arise during the term of the contract.

I. Counterparts: This contract may be executed in counterparts.

J. Township Policy: Consultant shall be bound by, conform to, comply with, and abide by all current applicable Commission and Township policies and shall require any and all of its boards, board members, officers, officials, administrators, directors, employees, volunteers, agents, and representatives performing work under this contract and/or for or on behalf of the Township (collectively “Employees”) and subcontractors to comply with Commission and/or Township policies and shall be responsible for such compliance. Notwithstanding any other termination provision of this contract, the Commission may, in its sole discretion, immediately terminate this contract for failure of Consultant or any of its Employees or subcontractors to comply with Commission and/or Township policies. Copies of Commission and/or Township policies are available upon request. The Commission and/or Board respectively reserve the authority to change, amend, replace, enact, repeal, and/or rescind Commission and/or Township policies at any time and without notice.

K. Drafting: This contract shall be deemed to have been drafted by both Parties and no purposes of interpretation shall be made to the contrary.

L. Drug Free Environment: Consultant agrees to comply with all applicable local, state and federal laws regarding drug-free environment and shall have established and have in place a drug free workplace policy. In the performance of this contract, Consultant shall make a good faith effort to ensure that all of its employees will not purchase, use, or possess illegal drugs or alcohol or abuse prescription drugs in any way.

M. Governing Law: This contract shall be governed by and interpreted in accordance with the laws of the State of Ohio. Any and all legal disputes arising from this contract shall be filed in and heard before the courts of Delaware County, Ohio and such courts shall be deemed to have jurisdiction and venue. The Parties hereby irrevocably consent to such applicable law, venue, and jurisdiction.

N. Headings: The subject headings of the paragraphs in this contract are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. RFP - Resolution Review and Update Page 19 of 28

O. Indemnity: Consultant shall provide indemnity as follows:

1. To the fullest extent of the law and without limitation, Consultant agrees to and shall indemnify and hold free and harmless the Commission, BZA, Board, and Township, and all of their respective boards, board members, officers, officials, administrators, directors, employees, volunteers, agents, and/or representatives (collectively “Indemnified Parties”) from any and all actions, claims, suits, demands, judgments, damages, losses, costs, fines, penalties, fees, and expenses, including, but not limited to attorney’s fees, arising out of or resulting from any accident, injury, bodily injury, sickness, disease, illness, death, or occurrence, regardless of type or nature, negligent or accidental, actual or threatened, intentional or unintentional, known or unknown, realized or unrealized, related in any manner, in whole or in part, to Consultant's or any subcontractor’s performance of this contract or the actions, inactions, or omissions of Consultant or any subcontractor, including, but not limited to the performance, actions, inactions, or omissions of Consultant’s or any subcontractor’s boards, board members, officers, officials, administrators, directors, employees, volunteers, agents, and/or representatives. Consultant agrees that in the event of or should any such actions, claims, suits, or demands be brought against the Indemnified Parties that Consultant shall, at its own expense, promptly retain defense counsel to represent, defend, and protect the Indemnified Parties, paying any and all attorney’s fees, costs, and expenses. Consultant further agrees that in the event of or should any such actions, claims, suits, or demands be brought against the Indemnified Parties, that Consultant shall pay, settle, compromise and procure the discharge of any and all judgments, damages, losses, costs, fines, penalties, fees, and expenses, including, but not limited to attorney’s fees.

2. Consultant shall assume full responsibility for, pay for, and shall indemnify and hold free and harmless the Indemnified Parties from any harm, damage, destruction, injury, or loss, regardless of type or nature, known or unknown, realized or unrealized, to any property, real or personal, belonging to the Indemnified Parties or others, including but not limited to real estate, buildings, structures, fixtures, furnishings, equipment, vehicles, supplies, accessories and/or parts arising out of or resulting in whole or in part from any actions, inactions, or omissions negligent or accidental, actual or threatened, intentional or unintentional of Consultant, its subcontractors, and/or their respective boards, board members, officers, officials, administrators, directors, employees, volunteers, agents, and/or representatives.

P. Insurance: Consultant shall carry and maintain current throughout the term of the contract, without lapse, such bodily injury and property damage general liability insurance and automobile insurance as will protect it and the Indemnified Parties against any and all claims for personal injury, including death, or property damage, which may arise out of or result from the performance of or operations under this Agreement or from the use of any equipment and/or vehicle(s) in connection therewith, and shall include coverage for indemnification as described above.

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At a minimum, Consultant shall carry and maintain current throughout the term of the Agreement, without lapse, the following policies of insurance with the following minimum coverage limits:

1.Commercial General Liability Insurance with minimum coverage limits of at least one million dollars ($1,000,000.00) per occurrence, with an annual aggregate of at least two million dollars ($2,000,000.00), including coverage for any subcontractors. This insurance shall include, but not be limited to, the following coverage:

• Premises-Operations • Product and Completed Operation • Broad Form Property Damage • Contractual • Personal Injury

2.Umbrella or Excess Liability Insurance (over and above Commercial General Liability) with minimum coverage limits of at least two million dollars ($2,000,000.00).

3.Automobile Insurance, if an automobile/motor vehicle is used in or in connection with the performance of or operations under this Agreement, Consultant shall carry and maintain current automobile/motor vehicle liability insurance covering each vehicle so used, with coverage in an amount equal to or greater than that required by law and covering all sums which Consultant and/or the vehicle’s owner may or shall become legally obligated to pay as damages, but in an amount providing for minimum coverage of at least three hundred thousand dollars ($300,000.00) (Combined Single Limit) or, one hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) per accident for bodily injury and one hundred thousand dollars ($100,000.00) per accident for property damage or more as may be required for particular vehicles or particular uses of vehicles as required by applicable law.

4.Worker’s Compensation Insurance as required by Ohio law and any other state in which work will be performed.

Prior to commencement of this contract, Consultant shall present to Michele Boni, Township Development and Zoning Director, current certificate(s) of insurance for the above required policies of insurance. The insurance company needs to be identified for each insurance policy and coverage. The certificates of insurance are to be signed by a person authorized by the insurance company to bind coverage on its behalf.

The Commission, BZA, Board and Township shall all be named on the certificate(s) of insurance as additional issureds on all required policy(ies) of insurance.

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Consultant shall be responsible for any and all premiums for all required policy(ies) of insurance.

All insurance shall be written by insurance companies licensed to do business in the State of Ohio and in good standing with the Ohio Department of Insurance.

If there is any change in insurance carrier or liability amounts and/or upon renewal, a new certificate of insurance must be provided to Michele Boni, Township Development and Zoning Director, within seven (7) calendar days of change.

During the term of the contract, the Commission may require Consultant to provide respective and/or additional certificate(s) of insurance in order to verify coverage. Failure to provide a requested certificate of insurance within seven (7) calendar days of the request may be considered as default.

In addition to the rights and protections provided by the insurance policies as required above, the Commission, BZA, Board and Township shall retain all such other and further rights and remedies as are available to them at law or in equity.

Q. Professional Liability Insurance: If available for the work or services provided, Consultant shall carry and maintain current throughout the term of the contract, without lapse, professional liability insurance for itself and all of its employees providing work and/or services under this contract. Such insurance shall provide coverage in an amount that is both standard in the industry and adequate to protect the Consultant, Commission, BZA, Board, and Township against any and all liability or damages arising from the professional services provided under this contract.

Prior to commencement of this contract, Consultant shall present to Michele Boni, Township Development and Zoning Director, current certificates of insurance for the above required policies of insurance. The insurance company needs to be identified for each insurance policy and coverage. The certificates of insurance are to be signed by a person authorized by the insurance company to bind coverage on its behalf.

The Commission, BZA, Board and Township shall all be named as additional issureds on all such policies of insurance.

Consultant shall be responsible for any and all premiums for all such policy(ies) of insurance.

All insurance shall be written by insurance companies licensed to do business in the State of Ohio.

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In addition to the rights and protections provided by the insurance policy(ies) as required above, the Commission, BZA, Board and Township shall retain all such other and further rights and remedies as are available to them at law or in equity.

R. Independent Contractor: Consultant agrees that it shall act in performance of this contract as an independent contractor. No agency, employment, joint venture, or partnership has been or will be created between the parties hereto pursuant to the terms and conditions of this contract.

Consultant assumes all responsibility for any and all federal, state, municipal, or other tax liabilities, along with workers compensation, unemployment compensation, contributions to retirement plans, and/or insurance premiums which may accrue and/or become due as a result of compensation received for services and/or deliverables rendered and/or received under or pursuant to this Contract. Consultant and/or its board members, officers, officials, administrators, directors, employees, volunteers, agents, and/or representatives. are not entitled to any benefits enjoyed by employees of the Commission, BZA, Board, or Township.

S. Independent Contractor Acknowledgment/No Contribution to OPERS: The Township is a public employer as defined in R.C. § 145.01(D). The Township has classified Consultant as an independent contractor or another classification other than public employee. As a result, no contributions will be made to the Ohio Public Employees Retirement System (“OPERS”) for or on behalf of Consultant and/or any of its board members, officers, officials, administrators, directors, employees, volunteers, agents, and/or representatives for services and/or deliverables rendered and/or received under or pursuant to this contract. Consultant acknowledges and agrees that the Township, in accordance with R.C. § 145.038(A), has informed it of such classification and that no contributions will be made to OPERS. If Consultant is an individual or has less than five (5) employees, Consultant, in support of being so informed and pursuant to R.C. § 145.038, agrees to and shall complete and shall have each of its employees complete an OPERS Independent Contractor/Worker Acknowledgement Form (“OPERS Form”). The OPERS Form is attached hereto as Appendix E. The Township shall retain the completed OPERS Form(s) and immediately transmit a copy(ies) of it/them to OPERS.

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If Consultant has five (5) or more employees, Consultants, by signature of iots authorized representative below, hereby certifies such fact in lieu of completing the OPERS Form:

______Signature Date

______Printed Name

______Title

T. Findings For Recovery: Consultant, by signature of its authorized representative below, hereby certifies that it is not subject to any current unresolved findings for recovery pending or issued against it by the State of Ohio.

______Signature Date

______Printed Name

______Title

U. Licenses: Consultant certifies and warrants that it, its board members, officers, officials, administrators, directors, employees, volunteers, agents, representatives, and/or subcontractors that perform the services/work and/or this contract have obtained and maintain current all approvals, licenses, including operator licenses, certifications, permits, and/or other qualifications or prerequisites (collectively “Licenses”) necessary to fully perform this contract and to conduct business in the state of Ohio. Consultant further certifies and warrants that all such Licenses are operative and current and have not been revoked or are not currently suspended for any reason. Proof of such Licenses shall be promptly provided to the Zoning Staff and/or Commission upon request.

V. Notices: All notices, consents, and/or other communications which may or are required to be given by this contract or by operation of law, shall be in writing and shall be deemed duly given if personally (hand) delivered, sent by certified or registered United States Mail, return receipt requested, sent via nationally recognized and reputable overnight express courier, return receipt requested, or email, confirmation of delivery, to the following individuals at the following addresses and shall be effective when sent or transmitted:

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Commission:

Michele Boni Development and Zoning Director Orange Township Planning and Zoning Department Orange Township Hall 1680 E. Orange Rd. Lewis Center, Ohio 43035

Email: [email protected]

Consultant:

______

Email: ______

W. Personal Property Taxes: Consultant shall complete Appendix B certifying, as applicable, whether it is or is not charged with delinquent personal property taxes on the general list of personal property in Delaware County, Ohio, or any other counties containing property in the taxing districts under the jurisdiction of the Auditor of Delaware County, Ohio.

X. Severability: The provisions of this contract are severable and independent, and if any such provision shall be unenforceable in whole or in part, the remaining provisions and any partially enforceable provisions, to the extent enforceable, shall nevertheless be binding and enforceable.

Y. Subcontracting: Consultant may subcontract any portion of this contract with prior written approval of the Commission, such approval not to be unreasonably withheld. If all or any portion of this contract is subcontracted, any subcontractor shall be bound by all applicable terms of this contract and Consultant shall continue to act as the prime contractor for all subcontracted work and shall assume full responsibility for the performance of the work. Consultant shall remain the sole point of contact and shall be ultimately responsible for the performance of the contract.

Z. Modifications: Any amendment or modification of this contract shall be in writing and be signed by both parties.

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AA. Termination: This Contract may be terminated as follows:

1. Termination for the Convenience:

The Commission may terminate this contract at any time and for any reason by giving at least seven (7) days advance notice, in writing, to Consultant.

2. Breach or Default:

Upon breach or default of any of the provisions, obligations, or duties embodied in this contract, the aggrieved party shall provide written notice of the breach or default to the breaching or defaulting party and permit the breaching or defaulting party to remedy the breach or default within a specified reasonable period of time. If the breach or default is not satisfactorily remedied within the specified time period, this contract may, at the election of the aggrieved party, be immediately terminated.

3. Waiver:

The waiver of any occurrence of breach or default is not and should not be interpreted as a waiver of any such subsequent occurrences. If any party fails to perform an obligation or obligations under this contract and such failure(s) is (are) waived by the other parties, such waiver shall be limited to the particular failure(s) so waived and shall not be deemed to waive other failure(s). Waiver by any of the parties shall be authorized in writing and signed by an authorized representative(s) of the waiving Party. In the case of the Commission, any waiver shall be approved by the Commission.

Termination pursuant to this section shall relieve the parties of any and all further obligations under this Contract, except that Consultant shall be entitled to receive compensation for any services satisfactorily performed hereunder through the date specified on the notice as the effective date of termination and shall continue to retain all Records in accordance with this contract.

If the contract is terminated pursuant to this section, Consultant shall have no cause of action against the Commission, BZA, Board, or Township except for a cause of action for non-payment for services/work rendered prior to the effective date of termination. In no event will the Commission, BZA, Board, or Township be obligated to pay for any services/work not actually performed by Consultant.

The Commission, BZA, Board, or Township retain and may, without limitation, exercise any and all available administrative, contractual, equitable or legal remedies.

BB. Taxes: The Township is a political subdivision and tax exempt. Consultant shall not charge the Commission any tax and agrees to be responsible for all tax liability that accrues as a result of this contract and the services/work/deliverables that Consultant provides to

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the Commission pursuant to this Contract. The Commission shall, upon request, provide Consultant with proof of exemption.

CC. Warranty: Consultant hereby warrants that it, its subcontractors, and all of their respective board members, officers, officials, administrators, directors, employees, volunteers, agents, and/or representatives that have or will perform this contract are and/or will be at the time of performance, legally and properly trained and/or licensed to perform the tasks they are required to perform under this contract.

Consultant also hereby warrants that the services/work that it provides pursuant to this contract is correct, accurate, performed properly, and is free from defect. Consultant, without cost to the Commission, shall promptly and properly fix, correct, re-perform, re- do, and/or replace any service and/or deliverable, or any part or portion thereof provided pursuant to this contract that, in the sole discretion of the Commission, is/are defective, substandard, and/or not satisfactorily performed.

DD. Survival: The following sections shall survive any termination of this contract:

• 18(A) - Records Retention • 18(B) - Access to Records • 18(D) - Audit • 18(M) Governing Law • 18(O) – Indemnity • 18(P) – Insurance • 18(Q) – Professional Liability Insurance

EE. Signatures: Any person executing this contract in a representative capacity hereby warrants that he/she has authority to sign this contract or has been duly authorized by his/her principal to execute this contract on such principal’s behalf and is authorized to bind such principal.

FF. Fiscal Officer’s Certification (RC 5705.41(D)): The Orange Township Fiscal Officer hereby certifies that the funds required to meet the obligation set forth in this contract have been lawfully appropriated for such purpose and are in the Township treasury or in the process of collection to the credit of an appropriate fund free from any other encumbrances. The Orange Township Fiscal Officer also certifies that it has confirmed with the Ohio Auditor of State that ______has no unresolved findings for recovery pending or issued against it by the State of Ohio.

______Lisa Kraft Orange Township Fiscal Officer

PO# ______

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19. Incorporated Documents

The following documents are incorporated by reference into this RFP. These documents are readily available to all offerors at the listed location:

A. Resolution: The Resolution can be found on the Township website at:

http://www.orangetwp.org/index.aspx?NID=190.

B. Planning Orange: Planning Orange can be found on the Township website at:

https://www.orangetwp.org/DocumentCenter/View/2778/Land-Use-Plan 12318?ProposalId

C. Diagnostics Report. The Diagnostic Report is electronically available upon request. To receive a copy, send an email to Michele Boni, Township Development and Zoning Director, at:

[email protected].

D. Appendix A-F. See Appendix.

E. Notice of Requests for Proposals for Orange Township Zoning Resolution Review and Update. Published and posted.

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APPENDIX A NON-COLLUSION AFFIDAVIT

NON-COLLUSION AFFIDAVIT

State of ______)

County of ______) SS:

REQUEST FOR PROPOSALS (RFP) FOR ORANGE TOWNSHIP ZONING RESOLUTION REVIEW AND UPDATE

Name of Offeror: ______

The undersigned, being first duly cautioned and sworn, states that he/she is:

______(Position)

of the above named offeror submitting a proposal; that such proposal is not made in the interest of or on behalf of an undisclosed person, partnership, company, association, organization, or corporation; that such proposal is genuine and not collusive or sham; that said offeror has not directly or indirectly induced or solicited any other offeror to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any offeror or anyone else to put in a sham proposal, or that anyone shall refrain from submitting a proposal; that said offeror has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of said offeror or any other offeror, or to fix any overhead, profit or cost element of such proposal price, or that of any other offeror, or to secure any advantage against the entity awarding the contract or anyone interested in the proposed contract; that all statements contained in such proposal are true and accurate; and further, that said offeror has not, directly or indirectly, submitted its proposal or proposal price or any break-down thereof, or the contents thereof, or divulged any information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, proposal/bid depository, or to any member or agent thereof, or to any other individual except to such person or persons as have a partnership or other financial interest with said offeror in its general business.

Executed this _____ day of ______, 20__.

______Signature

______Printed Name

______Title

Sworn to and subscribed in my presence this _____ day of ______, 20__.

______Notary Public My commission expires: ______

APPENDIX B PERSONAL PROPERTY TAX AFFIDAVIT

PERSONAL PROPERTY TAX AFFIDAVIT

NO DELINQUENT TAX OWED

REQUEST FOR PROPOSALS (RFP) FOR ORANGE TOWNSHIP ZONING RESOLUTION REVIEW AND UPDATE

STATE OF ______) ) COUNTY OF ______) SS:

The undersigned hereby affirms and certifies that they are not charged with delinquent personal property taxes on the general tax list of personal property of Delaware County, Ohio or any other counties containing property in the taxing districts under the jurisdiction of the Auditor of Delaware County, Ohio, nor were they charged with delinquent personal property taxes on the general tax list of personal property of Delaware County, Ohio or any other counties containing property in the taxing districts under the jurisdiction of the Auditor of Delaware County, Ohio at the time this proposal was made.

Executed this _____ day of ______, 20__.

______Signature

______Printed Name

______Title

Sworn to and subscribed in my presence this _____ day of ______, 20__.

______Notary Public My commission expires: ______

In accordance with R.C. § 5719.042, a copy of this statement is incorporated into the contract. No payment shall be made with respect to the contract, unless such statement has been so incorporated and the provisions of R.C. § 5719.042 have been complied with and met. PERSONAL PROPERTY TAX AFFIDAVIT

DELINQUENT TAX OWED

REQUEST FOR PROPOSALS (RFP) FOR ORANGE TOWNSHIP ZONING RESOLUTION REVIEW AND UPDATE

STATE OF ______) ) COUNTY OF ______) SS:

The undersigned hereby affirms and certifies that they are charged with delinquent personal property taxes on the general tax list of personal property of Delaware County, Ohio or another county containing property in the taxing districts under the jurisdiction of the Auditor of Delaware County, Ohio.

Name of county(ies) where taxes are due ______.

The amount due and unpaid is ______.

Unpaid interest and penalties are in the amount of ______.

Executed this _____ day of ______, 20__.

______Signature

______Printed Name

______Title

Sworn to and subscribed in my presence this _____ day of ______, 20__.

______Notary Public My commission expires: ______

APPENDIX C AFFIDAVIT OF AUTHORITY TO SIGN

AFFIDAVIT OF AUTHORITY TO SIGN (To be completed and executed if the Bidder/Contractor is a Corporation)

REQUEST FOR PROPOSALS (RFP) FOR ORANGE TOWNSHIP ZONING RESOLUTION REVIEW AND UPDATE

State of ______)

County of ______) ss.:

______, being duly cautioned and sworn, deposes and says that he/she is

Secretary of ______a corporation

organized and existing under and by virtue of the laws of the State of ______, and having its

principal offices at:______(street), ______(city),

______(county), ______(state).

Affiant further says that ______(name of officer),

______(title) of the corporation is duly

authorized to sign the proposal and any resulting contract for the Orange Township Zoning Resolution

Review and Update for and on behalf of said corporation and thereby bind said corporation to such documents by virtue of ______(state whether provision of by-laws or a resolution of

Board of Directors). If by resolution, the number of such resolution is ______and date of adoption was ______, 20__.

Executed this _____ day of ______, 20__.

______Signature

______Printed Name

______Title

Sworn to and subscribed in my presence this _____ day of ______, 20__.

______Notary Public My commission expires: ______

APPENDIX D NON-DISCRIMINATION FORM

NON-DISCRIMINATION / EQUAL OPPORTUNITY / CIVIL RIGHTS

In the performance of this contract the Consultant shall be bound by the following:

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, creed, color, religion, gender, age, sexual orientation, transgender status, national origin, Vietnam-era veteran status, or physical or mental handicap. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, religion, gender, age, sexual orientation, transgender status, national origin, Vietnam-era veteran status, or physical or mental handicap. Such actions shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for or training, including apprenticeship. The Consultant agrees to post notice in conspicuous places in his/her office(s) and places of work, available to all employees and applicants for employment, the provisions of this Non-Discrimination / Equal Opportunity / Civil Rights clause and/or such similar notices as my be required by state and/or federal law.

2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, gender, age, sexual orientation, transgender status, national origin, Vietnam-era veteran status, or physical or mental handicap.

3. The Consultant further agrees that he/she shall incorporate or cause to be incorporated into any subcontract the Non-Discrimination / Equal Opportunity / Civil Rights regulations contained in the contract and herein during the performance of this contract.

4. The Consultant agrees to and shall comply with all applicable federal, state, and local laws regarding Non-Discrimination / Equal Opportunity / Civil Rights and will not discriminate.

Executed this _____ day of ______, 20__.

______Signature

______Printed Name

______Title

APPENDIX E OPERS INDEPENDENT CONTRACTOR/ WORKER ACKNOWLEDGEMENT

APPENDIX F FEDERAL W-9 FORM

NOTICE OF REQUEST FOR PROPOSALS FOR ORANGE TOWNSHIP ZONING RESOLUTION REVIEW AND UPDATE

The Zoning Commission for Orange Township, Delaware County, Ohio (“Commission”) requests proposals from qualified planning and zoning consultants to conduct a comprehensive review and update of the Orange Township Zoning Resolution (“Resolution”) and Orange Township Zoning Map (“Map”).

The specific services required include, but are not limited to, review of the current Resolution, the Township’s 2018 Comprehensive Land Use Plan (“Planning Orange”), other various zoning and planning documents and, based on such reviews and discussions with Township officials and staff, draft amendments to the Resolution and Map to update both and implement needed, desired, and efficient changes consistent with applicable law, usher those amendments through the amendment process consistent with R.C. § 519.12 and all other applicable law, and incorporate the approved amendments and changes into the Resolution to create a new complete, updated, and user-friendly version of the Resolution and Map. The current Resolution may be viewed on the Orange Township Internet website (http://www.orangetwp.org/index.aspx?NID=190).

A Request for Proposals (“RFP”), including instructions, the scope of work, performance criteria, and terms and conditions, can be obtained beginning March 29, 2021 as follows:

• During standard business hours (8:00 a.m. to 4:30 p.m. EDST Monday through Friday) at the Orange Township Planning and Zoning Department, Orange Township Hall, 1680 E. Orange Rd., Lewis Center, Ohio 43035; or, • Anytime online on the Orange Township Internet website (www.orangetwp.org), by clicking on “Government” at the top of the home page and then selecting “Bid Opportunities” in the drop-down menu.

All persons who take or receive the RFP, regardless of how they receive it, are encouraged to contact the Orange Township Planning and Zoning Department (“Zoning Department”) in person, by phone ((740) 548-5430 x 3125), or email ([email protected]) and provide their email and contact information so that they may receive any notices, supplements, amendments, and/or updates related to the RFP.

Proposals will be received by the Zoning Department during standard business hours (8:00 a.m. to 4:30 p.m. EDST Monday through Friday) beginning April 9, 2021 until 4:00 p.m. local time (Eastern Standard Time) on May 7, 2021 at the following address/location:

Orange Township Planning and Zoning Department c/o Michele Boni Orange Township Hall 1680 East Orange Road Lewis Center, Ohio 43035

Proposals received after the above deadline will not be considered and will be returned unopened. It is the responsibility of the person submitting to be sure proposals are received by this deadline. The Commission will not be responsible for any internal or external delivery delays which may cause a bid to arrive beyond the deadline.

At ______m. on ______, 2021, proposals will be opened at the following address/location:

Orange Township Hall 1680 E. Orange Rd. Lewis Center, Ohio 43035.

Proposals will be opened in a manner that prevents the disclosure of contents of competing offers to competing offerors

The time, date, and place of opening may be changed by the Commission. Notice of any change shall be emailed not later than ninety-six (96) hours prior to the original time and date fixed for opening to all persons who have previously received or requested an RFP and provided an email address to the Zoning Department. All proposals shall be considered valid until sixty (60) days after the opening date although not accepted or rejected.

Proposals shall be submitted in accordance with the requirements contained in the RFP. Proposals shall contain the full name of each entity, person, party, and/or parties submitting the proposal and all persons interested therein.

An original signed hard copy of the proposal, plus ten (10) hard copies and a flash drive or CD containing a digital copy of the complete proposal, must be submitted. Proposals shall be enclosed in a separate internal sealed opaque envelope bearing on the outside the proposer’s name and address and be clearly marked: “Proposal for Zoning Resolution Review and Update.”

Proposals will be reviewed and ranked on the factors and criteria stated in the RFP by an evaluation committee comprised of zoning staff and designated members of the Commission (less than quorum). The committee may require offerors to present their proposal to the committee and/or conduct discussions with offerors for the purpose of ensuring a full understanding of, and responsiveness to, the requirements specified in the RFP. The committee shall make a recommendation to the Commission. The Commission shall make the final determination of award

The Commission shall, as determined solely by the Commission, award the contract to the offeror whose proposal is determined to be the most advantageous to the Township, taking into consideration the evaluation factors and criteria set forth in the RFP. The Commission reserves the right to reject any and/or all proposals, or any portion of any and/or all proposals; to waive any informalities or irregularities that do not affect the substance of this notice, the specifications, or the RFP and to award the contract in the manner deemed to be in the best interest of the Commission and Township. Neither this notice nor the submission of a proposal shall commit the Commission to award a contract, to pay any costs incurred in preparation of a response to this RFP, or to procure or contract any services. The Commission reserves the right to modify or cancel, in whole or in part, the scope of the contract reflected in this RFP.

This notice is also posted on the Orange Township Internet website (www.orangetwp.org) and may be accessed by clicking on “Government” at the top of the home page and then selecting “Bid Opportunities” in the drop-down menu.

By resolution of: Zoning Commission for Orange Township, Delaware County, Ohio, 1680 E. Orange Rd., Lewis Center, Ohio 43035.

Publication (Assumes Posting on Twp. Website) Newspaper (general circulation in Twp.) 1X - Published at least 2 weeks before opening of proposals State Public Notice Website (R.C. § 125.182) Placed by newspaper publisher Website Continuously Bulletin Board (public place in Twp. Hall) Post at least 2 weeks before the day of bid opening