HomeMy WebLinkAbout2014-1021 Council Agenda PACKET
CITY OF
ASHLAND
Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written
comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the
Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 21, 2014
Council Chambers
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly
scheduled Council meeting [AMC 2.04.030.E.]
6:30 pm. Executive Session for the purpose of labor negotiation and legal counsel
pursuant to ORS 192.660(2)(d) and 192.660(2)(h)
7:00 p.m. Regular Meeting
1. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. APPROVAL OF MINUTES
1. Study Session of October 6, 2014
2. Executive Session of October 6, 2014
3. Business Meeting of October 7, 2014
VI. SPECIAL PRESENTATIONS & AWARDS
1. Public Art Commission annual presentation to City Council
2. Code Compliance Program - one year update
VII. PUBLIC FORUM Business from the audience not included on the agenda.
(Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits
to enable all people wishing to speak to complete their testimony.) [15 minutes
maximum]
VIII. CONSENT AGENDA
1. Approval of commission, committee, and board minutes
2. Special procurement for the purchase of Allen-Bradley (brand specific)
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014,
CHARTER CABLE WILL BROADCAST LIVE ON CHANNEL 180.
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
electrical products and components
IX. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request
form" prior to the commencement of the public hearing. Public hearings shall
conclude at 9:00 p.m. and be continued to a future date to be set by the Council,
unless the Council, by a two-thirds vote of those present, extends the hearing(s)
until up to 10:30 p.m. at which time the Council shall set a date for continuance
and shall proceed with the balance of the agenda.)
None
X. UNFINISHED BUSINESS
None
XI. NEW AND MISCELLANEOUS BUSINESS
1. Approval of three Request for Proposals for architectural designs for
downtown improvement projects
2. Ad-Hoc Recycle Center Committee recommendations for the Recycle Center,
waste reduction and recycling
3. Plaza replacement tree recommendations
4. Discussion of deer education proposals
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Approval of a resolution titled, "A resolution authorizing the City of Ashland to
provide a city building for a winter shelter two nights per week through April,
2015"
2. Approval of a resolution titled, "A resolution in support of fossil fuel
divestment"
3. Approval of a resolution titled, "A resolution consenting to the transfer of
control of the cable franchisee Falcon Cable Systems Company II, L.P. to
Comcast Corporation, with conditions"
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT OF BUSINESS MEETING
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014,
CHARTER CABLE WILL BROADCAST LIVE ON CHANNEL 180.
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
Minutes for the City Council Study Session
October 6, 2014
Page 1 of 2
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, October 6, 2014
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room.
Councilor Marsh, Rosenthal, Voisin, Slattery, and Lemhouse were present. Councilor Morris arrived at
5:33 p.m.
Parks Superintendent Bruce Dickens explained the Parks and Recreation Department had encountered
several issues related to construction for Ashland Creek Park and had exceeded the 25% limit on
amendments to contracts.
1. Public Input
None
2. Look Ahead review
City Administrator Dave Kanner reviewed items on the Look Ahead.
3. AFN Business Plan Presentation and Discussion
Director of IT/Electric Mark Holden emphasized the strategic business plan was not a tactical plan.
Staff would develop tactical plans after Council decided direction. There were three potential actions
and two courses. Option 1 AFN would move forward with new services to bring in new revenue
streams, and provide migration from existing technologies to future technologies, specifically fiber
optic. The plan would bring fiber optic to the premise and ultimately extend to residential. Option
2 would maintain the system as is until it was supplanted by a competitor's fiber optic system.
Option 1 fiber to the premise would entail a onetime investment of $250,000 along with ongoing
monthly cost for AFN to go direct and lower the $14 per mega byte to $2. Charter paid less than a
dollar per mega byte. In addition, AFN would invest in fiber technology.
Option 2 would maintain the system at current levels and still require the investment in the internet in
order to do more than break even. Both options required operational costs. Option 1 would require a cost
reduction of $200,000 annually for 3 years. Option 2 required $150,000 reduction in cost for three years.
Staff would also reduce the capital budget and use those funds to purchase new technology. AFN
Operations Manager Michael Ainsworth clarified capital budget reductions would allow AFN to maintain
cable without upgrading.
Another shift was moving away from marketing segmentation to a solutions value added model. ISP's
(Internet Service Providers) served as a distribution channel for AFN and represented a large revenue
amount.
Disadvantages for AFN were high fixed cost, the product cost structure, and the distribution channels
confusing the customer base regarding service provider. Another disadvantage was how government
transparency affected competition.
Mr. Holden went on to explain AFN had a 2-2.5 year window to gain momentum regarding competition.
What helped AFN be competitive was being local and AFN's ability to provide local service and support.
The investment in internet was good for 10-12 years. The fiber optic equipment was capable of
supporting 1,024 customers.
Minutes for the City Council Study Session
October 6, 2014
Page 2 of 2
The revenue projection of 5% for the five-year plan was realistic given AFN's position in the current
market and the momentum it needed to turn customer loss into growth during that period. It also built in
a 5% increase each year. He did not predict a savings in internet costs. AFN would most likely
experience a dip then rise back to the current level.
Council comment expressed concern that AFN projections were not realistic since they had not been in
the past and thought the focus should be more on quantitative values and reasons to stay instead.
Examples included what people would pay for service if AFN did not exist, impacts to local economy if
the jobs AFN created ended, the ripple effect of buying local, and the enhancement of the economic
development plan.
City Administrator Dave Kanner did not agree on reducing central service charges to fund fiber optic.
Staff did not see the advantage at this time in creating a quasi-public entity to run AFN with the Council
serving as a governing body.
City Attorney Dave Lohman would look into the possibility of separating the business of AFN from the
City in order to make confidential decisions and still maintain the transparency requirement for
government expenditures.
Council thought they should make the decision instead of the Budget Committee, as well as provide
opportunity for public input.
Council majority supported staff moving forward with Option 1 and at least Option 2 until more
information and discussion occurred regarding fiber.
Meeting adjourned at 7:06 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
Regular City Council Meeting
October 7, 2014
Page I of 6
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 7, 2014
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh were present.
Mayor Stromberg moved agenda item #1 regarding the Rogue Valley Transit District (RVTD) Levy
under Ordinances, Resolutions, and Contracts ahead of the Mayor's Announcements.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Approval of a resolution titled, "A resolution supporting the Rogue Valley Transportation
District's five-year serial levy"
Julie Brown/Rogue Valley Transportation District/3200 Crater Lake Avenue, Medford
OR/Explained Rogue Valley Transportation District (RVTD) placed a ballot measure on the ballot for .13
cents per $1,000 that would create an increase in property taxes of less than $20 for the average
household. The five-year levy would generate $1,600,000 a year and cover evening and Saturday service
after the CMAQ grant expired. RVTD did not have additional funding to continue providing for those
services. Over the last year, ridership on evening and Saturday service totaled approximately 200,000
rides, 89,000 of that amount specifically for Saturday service. Currently Saturday service ran hourly and
was starting to encounter capacity issues. In addition to evening and Saturday service, RVTD was
looking at long range plans and two of the first tier needs in the five-year transit plan was providing a
route to the RCC campus in White City. The other route that would come from the levy was a cross-town
service in East Medford in a low-income area. The funds would also enhance runtimes for specific
routes.
Connie Skillman/RVTD Board of Directors/635 Oak Knoll Drive/Further explained how RVTD
services benefited senior citizens. If the levy did not pass, evening and Saturday service would end mid
2015.
Ms. Brown clarified funds from the levy would go to Valley Lift and fixed route service, not
administration. RVTD could only use property tax money, not fair box funds.
Don Morris/1644 Ross Lane/Explained how the levy benefited low-income people, seniors, and rippled
out to the community.
Elizabeth Hallett/738 Mt. Meadows Circle/Urged Council to support the resolution. It would reduce
the carbon footprint. She spoke on behalf of other seniors in the community and students who needed
public transportation to get to the community college.
Donna Swanson/863 Plum Ridge Drive/Bus transportation to and from Ashland was important to the
lifeblood of the city. It allowed visitors to take advantage of the cultural opportunities in the community.
Bus transportation was a viable alternative to the limited parking in the area.
Regular City Council Meeting
October 7, 2014
Page 2 of 6
Councilor Voisin/Marsh m/s to approve Resolution 2014-17. DISCUSSION: Councilor Voisin
explained that supporting the resolution as a Council they were not telling people how to vote just
showing the public they supported the levy. Councilor Marsh thought Council should be cautious
supporting ballot measures that did not emanate from Council. In the case of this levy, Council was on
record in the past with City actions that supported moving forward. The pilot was successful and now
was the time to step up and that meant showing support for the ballot measure. Councilor Lemhouse
supported the ballot measure and RVTD but would not support the resolution. He did not think it was
appropriate for Council to take a position on a ballot measure nor was it appropriate for a single Councilor
to write a resolution and have it placed on the agenda. Roll Call Vote: Councilor Voisin, Morris,
Marsh, Rosenthal, YES; Councilor Lemhouse and Slattery, NO. Motion passed 4-2.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced vacancies on the Wildfire Mitigation, Forest Lands, Historic, Public Arts,
Tree, and Transportation Commissions.
APPROVAL OF MINUTES
The minutes of the Study Session of September 15, 2014, Executive Session of September 16, 2014 and
Business Meeting of September 16, 2014 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
The Mayor's proclamation of October 5 - 11, 2014, as Fire Prevention Week was read aloud.
PUBLIC FORUM
Roy Laird/419 Willow Street/Owned the Ashland Book Exchange and explained when they went to
replace the awning above the store the City notified them they needed to either remove a mural that had
been there for ten years or get the Public Arts Commission to accept the mural as public art. Having the
Public Arts Commission make a decision would take time and be expensive. The business owner
declined to proceed through the Public Arts Commission due to the five year easement provision with the
City. He asked Council modify and expand the ordinance to allow for smaller murals and grandfather
existing murals that met the basic criteria.
Janet Boggia/818 Palmer Road/Spoke as a citizen who loved the mural outside the Ashland Book
Exchange. This was a situation where the parameters of an ordinance did not fit the situation. She
supported Mr. Laird's suggestions on modifying the ordinance.
Councilor Marsh/Rosenthal m/s to add a discussion regarding small wall graphics to the agenda.
Discussion: Councilor Marsh had some ideas on dealing with small wall graphics. Councilor Rosenthal
supported the motion to get more information on the process and background. Councilor Slattery liked
the mural and supported reviewing the issue. Councilor Voisin thanked Mr. Laird and Ms. Boggia for
coming forward. Voice Vote: Councilor Rosenthal, Morris, Lemhouse, Slattery, Voisin, and Marsh,
YES. Motion passed.
CONSENT AGENDA
1. Approval of commission, committee, and board minutes
2. Approval of contract-specific procurement for construction phase inspections and project
management of Ashland Creek Park construction
3. Approval of contract-specific procurement for architectural and engineering services of
Ashland Creek Park construction
4. Liquor License Application for Erika Lowe dba Mystic Treats
Councilor Slattery pulled Consent Agenda items #2 and #3 for discussion. Parks Superintendent Bruce
Regular City Council Meeting
October 7, 2014
Page 3 of 6
Dickens addressed the contracts for Ashland Creek Park construction and explained both awards
exceeded the threshold of $35,000 due to unplanned events that included archeological finds, asbestos,
and a drain issue. Parks Director Michael Black added staff would revaluate the process and update
checklists if needed.
Councilor Rosenthal/Slattery m/s to approve Consent Agenda. Voice Vote: all AYES. Motion
passed.
PUBLIC HEARINGS (None)
UNFINISHED BUSINESS
1. Discussion of an ordinance replacing Title 18 Land Use of the Ashland Municipal Code with a
reformatted and amended Land Use Ordinance
Community Development Director Bill Molnar provided background on the amendments and Planning
Manager Maria Harris identified the following key amendments:
• Cottage housing
Staff thought a maximum of 800-square feet was a good start given the cost per square foot of an average
house. Some cities allowed a 500-square foot minimum. Most communities used an 800-1,000 square
foot requirement. Market rate developers were not very interested in building cottage housing. The
interest came primarily from individuals. Council comment thought cottages needed to compete, they
were more expensive to build, and restrictions made them less desirable, and suggested having different
requirements in zones. Overall, the amendment needed further development.
• Solar orientation standards
Council expressed concern the City would regulate floor plans. Staff clarified the applicant would meet
the standard and the City would check through the building permit process, similar to the lot coverage,
building height, and building separation checks the City conducted. In the land division phase the
developer would lay out lot and streets for the orientation with a condition as part of the land or
subdivision that at the time the building permit came in the southerly portions of the inside of the building
were the more habitable spaces. The Planning Commission would make the judgments on conditions and
permits. Council was concerned the standards would eliminate shared driveways and adjacent garages.
Staff explained other cities used it as density bonus program where the applicant met standards like solar
and could increase density. Council had issues with interior floor plan requirements and thought it would
be difficult to enforce and should be market driven instead. Council supported the street and building
orientation and thought the architect should design the garage and floor plan.
• Affordable housing density bonus
Council was concerned changing density in the WR and R zones. Staff explained the different levels of
affordability, System Development Charges, and the City's role in verifying and ensuring applicants
applying for an affordable housing unit met the qualifications initially and yearly. Council consensus
moved the amendment forward.
• Total density bonus
Typically, density bonuses occurred in performance standards, developments, and ownership type
housing. The performance standard allowed up to a 35% bonus for affordable housing and up to 60% for
a total bonus. Allowing an affordable housing development a 60% total density bonus would decrease
unit size. The Planning Commission would look into whether it made sense to allow a full density bonus
to affordable developers in the development of affordable housing and how it would affect affordable
units. Other Council comments thought the bulk of affordable housing would occur through annexations.
Council consensus moved the amendment forward.
Regular City Council Meeting
October 7, 2014
Page 4 of 6
• Side yard setback abutting residential zones
Council consensus moved the amendment forward.
• Building height in commercial zones
Mark Knox/485 W Nevada Street/Addressed vertical construction and suggested two amendments.
One would change the parapet height from 3-feet to 5-feet to allow more articulation and artistic character
between buildings and hide mechanical equipment. The other amendment would make the 15-foot height
increase in commercial zones out right, not require a conditional use permit (CUP), and allow 55-foot
building heights. This amendment would also apply the 15-foot increase throughout the city and require a
CUP. It would increase density along corridors that were apt to use public transportation or be affordable.
Councilor Slattery/Marsh m/s to suspend Council Rules. All AYES. Motion passed.
Mr. Knox further explained the 55-feet with a CUP outside of the downtown area would include the 100-
feet away from a residential zone provision. A CUP would cause the applicant to justify why they
deserved the extra height. Council questioned language that revoked a CUP if the building was vacant for
six months and how that would apply to this proposal.
Councilor RosenthalNoisin m/s to reinstate Council Rules. All AYES. Motion passed.
Council noted potential fire safety and seismic concerns and the ability to provide safety in either event.
Fire Chief John Karns confirmed the Fire Department did not have an aerial device and the tallest ladder
was 28-feet enabling the Fire Department to access most two story roofs. There were three aerial ladders
in Jackson County. The preferred vehicle was a Quint fire truck that cost $800,000 - $1,200,000.
Other Council comments thought the extra 15-feet in height should be allowed in selected areas and not
widespread, and that the CUP needed clear benchmarks for developers to meet. Alternately, the height
allowance would provide tools for developers to work within the City's infill strategy. Council agreed on
the parapet increase.
NEW AND MISCELLANEOUS BUSINESS
1. Discussion regarding wall/graphic murals
Council and staff discussed adding the topic to the next Study Session. City Administrator Dave Kanner
explained staff had not taken any formal action regarding the mural at the Ashland Book Exchange.
During the summer, an illegal wall graphic went on another building. Staff refrained from code
enforcement because it was unfair to take action against one if the City did not take code enforcement
action against all. City Attorney Dave Lohman clarified the City was not authorizing anyone to put up a
wall graphic contrary to the current ordinance and if they did it was at their own risk and they would have
to take it down. Council agreed.
UNFINISHED BUSINESS - continued
1. Discussion of an ordinance replacing Title 18 Land Use of the Ashland Municipal Code with a
reformatted and amended Land Use Ordinance
• Building separation in large-scale commercial development
Staff questioned the validity of the standard originally established in the early 1990s. From a design
standpoint, it was good to have certain spaces with bigger buildings. It was also better to leave it to the
design professionals then arbitrarily setting gaps between buildings because they shared a lot. Projects
with buildings 10,000 square-feet or greater were required to provide one square foot of plaza space for
Regular City Council Meeting
October 7, 2014
Page 5 of 6
every 10 square-feet of floor area. Shopping center type buildings were subject to large-scale
development standards that included plaza requirements, off-sets, more articulation in building design,
and more focus on pedestrian environment. Council consensus removed the amendment from the
ordinance.
• Accessory residential unit review process
It was important accessory residential units (ARU) remained compatible. Staff clarified an ARU had to
meet design standards specific to location. An ARU in the historic district would have to meet the
Historic Design Standards. Outside of the historic district, the site review would be more flexible. The
review process for a conditional use permit was generally administrative approval, noticed to everyone
within 200-feet, with the possibility of a public hearing before the Planning Commission. The notice to
people living within 200-feet occurred in the conditional use permit (CUP) and site review. The approval
criteria for a CUP was more discretionary and open ended. Appeals went before the Planning
Commission. Council consensus moved the amendment forward.
• Threshold for public hearing for review of new buildings and additions in commercial and
employment zones
There were two notices involved in a Type 1 application, a notice of application and a notice of decision.
A person could request to go before a Planning Commission Hearing. Council consensus moved the
amendment forward.
• Porous pavement exemption from lot coverage in residential zones
Staff explained the difference between commercial and residential use of porous pavement was
commercial zones worked within the boundaries under lot coverage, did not remove landscaping and
residential zones actually removed landscaping for porous pavement. The Planning Commission
exempted porous pavement from residential zones for long term maintenance reasons not whether porous
pavement worked. Council thought the amendment went against small lot development and allowed
residential to go further than normal regarding lot coverage. Staff responded the Planning Commission
considered that but focused more on the amendment allowing enough flexibility so the applicant would
not have to go through Type 2 variance. Council consensus moved the amendment forward.
• Front porch setback in residential zones
Council consensus moved the amendment forward.
• Building separation in residential
Staff confirmed the amendment removed language regarding the 20-feet between principle buildings
accessed by a shared corridor. Council consensus moved the amendment forward.
• Building street frontage requirement for development in commercial and employment zones
Issues were national chains wanted the parking lot to dominate the streetscape. Council consensus moved
the amendment forward.
Council agreed to review the remaining items at next Council meeting:
• Residential buildings in mixed-use development in commercial and employment zones
• Plaza/public space requirement for large-scale commercial development
• Definitions of hotel and motel
• Effective date of Type II decisions
• Conditional use permit approval criteria
Regular City Council Meeting
October 7, 2014
Page 6 of 6
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
Councilor Slattery explained he would support the RVTD Levy.
Councilor Voisin noted the Transportation Commission would send Council a recommendation for a
pedestrian crossing on North Main sometime in November. In addition, the 2014-15 Winter Homeless
and Emergency Shelter Volunteer information was available with a training Monday, October 13, 2014 at
7:00 p.m. at the Presbyterian Church, Calvin Hall at 1615 Clark Avenue.
Councilor Morris thought Council should have a Study Session on what the Council endorsed and discuss
a process for endorsement.
Councilor Rosenthal wanted a Study Session on the selection and approval of proclamations.
ADJOURNMENT OF BUSINESS MEETING
Meeting was adjourned at 10:27 p.m.
Barbara Christensen, City Recorder John Stromberg, Mayor
CITY OF
-ASH LAN D
Memo
DATE: October 21, 2014
TO: Mayor and City Council
FROM: Margaret Garrington, Chair Public Art Commission
CC: Public Art Commission Members
Ann Seltzer, staff liaison
Dennis Slattery, council liaison
RE: Annual Report to the Mayor and City Council
Mayor and City Council,
The Public Art Commission is pleased to report our work over the past year and our focus in the
months ahead.
Gateway Island Project
The Gateway project continues to be our primary focus. In early January we issued a "Call for
Artist"/Request for Qualifications. We received 65 responses. After numerous meetings we
culled the list down to four artists we felt were the best qualified to design, fabricate and install a
public art piece of a magnitude suited for the site. Each of the artists has since come to Ashland
to tour the community and see the Gateway site first hand. To help inform the artists about the
site and the Ashland community, we sought public response to four questions via outreach
through the Chamber of Commerce newsletter, the Art Center newsletter, the Gallery
Association, the City Source, the City's website, during First Fridays and a display at the
Ashland library. Attached are the responses compiled as word clouds. These results have been
provided to the artists.
The artists will return to Ashland in the fall of 2015 and present their concepts to the community.
A selection panel will determine which artist will be commissioned. Installation will occur in the
fall of 2016.
Calle Staircase
We have contracted with a local artist to execute a sculpture for the upper pedestal adjacent to
the Calle Guanajuato staircase (design approved by the City Council earlier this year). Due to an
injury, the artist is not likely to complete and install her work until late next spring.
Walkway between New Theater and East Main Street
As recommended by the Downtown Beautification Improvement Committee and approved by
the City Council, we are currently developing a "Call for Artists"/Request for Proposals, for
public art to be installed along the walkway between New Theater and East Main Street.
1
Public Art Inventory
One of the goals identified during our goal setting session in March 2013 was to develop an
inventory of public art in Ashland. We are currently working on that project and have decided
that the inventory should include not only art commissioned by the PAC but also artistic
elements in the community that contribute to the overall aesthetic of Ashland such as the
beautiful stone wall at the entrance to Lithia Park. We look forward to working closely with the
Ashland Chamber of Commerce on the print version of a guide to public art in Ashland.
Currently, Jason Wegner in GIS is developing an electronic public art story board for the city's
webpage and eventually we intend to develop an on-line "app" that can be linked from the City's
current mobile site.
Newest Public Art
"Seasons of Gratitude" by Denise Baxter at the Ashland Emergency Food Bank was dedicated
this past summer. Three new utility boxes are currently being painted: one at the corner of Oak
Street and A Street (artist Yelena Joy) and two at the corner of Pioneer Street and A Street (artist
Ann DiSalvo). On behalf of the community, the PAC thanks Barry and Katharine Thalden for
donating funds to execute the mural and thanks to Brent Thompson for donating funds for the
three utility boxes.
Goals and Timeline
The Public Art Commission met in March of 2013 to identify our goals and to develop a work
plan to implement those goals over the next three years. Our goals include:
• Complete current and ongoing projects
o Gateway project 2013-2016 (finalize RFQ, develop a timeframe, publish the
RFQ, plan community involvement, activate selection process, installation of final
piece in Fall 2016)
o Calle sculpture project 2013-2014 (installation in 2014)
• Review, update and expand the Public Art process for the installation of public art
o Develop a process and application packet for murals 2013 (completed)
o Complete an inventory of Public Art in Ashland 2014 (current)
• Secure additional funding through grants
o Develop a grant writing strategy (ongoing). Note: Last spring the PAC submitted
a grant application to the National Endowment of the Arts for support for the
Gateway project. We expect to hear the outcome of that grant in November.
o Develop a matrix of appropriate granting organizations and deadlines 2013
(completed/ongoing)
o Develop narratives to use in grant applications (as appropriate for specific
projects)
• Identify future public art projects 2015
o Identify future sites for public art outside of downtown
o Identify placeholder for public art within the downtown
2
o Pursue an agreement with the Parks Commission on the placement of public art in
parks
• Develop collaborative partnerships (ongoing)
o Collaborate with other Commissions on projects
o Keep Council apprised of the work of the PAC
o Seek opportunities to add aesthetic value to city-owned functional pieces
• Expand public awareness of public art (ongoing)
o Identify/develop opportunities to showcase PAC installations
o Consider hosting/participating in First Fridays
o Explore "coming soon" signage at public art installation sites
o Consider developing a mobile application of public art in Ashland
The goals and work plan can be viewed on the city's website at www.ashland.or.us/publicart
We will be meeting again soon to update the Goals and Timeline.
One final comment:
The Public Art Commission requests the City Council consider revising AMC 2.10.040 `Quorum
and Effect of Lack Thereof to allow a quorum of more than one half of the appointed
commissioners. Currently the language requires a quorum of more than one half of the members
including vacant positions.
To my knowledge, the PAC has have never had a full roster of seven members. Many of us have
actively recruited people we meet that are interested in public art to apply for a seat on the Public
Art Commission. Few are able to devote the time required of commissioner. Modifying the
ordinance language would mean that we can continue to meet and do our work, even if one
member is unable to attend the meeting. Other commissions with vacancies may also find this
useful.
Thank you for the opportunity to serve our community.
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CITY OF
ASHLAND
Council Communication
October 21, 2014, Business Meeting
Code Compliance Program - One Year Update
FROM:
Kevin Flynn, Code Compliance, kevin.flynn@ashland.or.us
SUMMARY:
Staff will provide an overview on the activity and enforcement actions carried out by the Code
Compliance Specialist over the last year. Included is a summary of general activity in all areas of
municipal code compliance, a current log of suspected unlicensed short term rentals under
investigation, and maps identifying the distribution, status and zoning of these properties.
BACKGROUND AND POLICY IMPLICATIONS:
The code compliance program has received over 857 requests for service from citizens since January 1,
2014. The requests for service span many city departments and encompass a wide variety of municipal
code areas.
A significant percentage of the code compliance specialist's time has been directed toward land use
issues. In the beginning of the year there was a focus on the large number of properties allegedly
operating short term rentals without the prerequisite land use approval, business license and transient
occupancy tax registration. To date, compliance activities have achieved positive results toward
addressing the number of short term rental properties operating in violation of the Ashland Municipal
Code. A list of 194 properties, potentially operating as short term rentals, has been compiled. From this
list, 131 property owners have been contacted and the compliance issues resolved. The remaining
properties are believed to be inactive and compliance efforts have been documented for archival
purposes. As the high visitor season winds down, resolved cases will be monitored to ensure continued
compliance with agreed upon resolutions.
Code compliance has been developing relationships and coordinating efforts with other city
departments. The digital code compliance activity log is being maintained and available for viewing by
other departments to track the status of past and present cases of mutual interest. Code compliance has
been included in police monthly area command meetings to discuss shared concerns, increase
effectiveness and to avoid unnecessary overlap of staff resources. The cooperation and coordination
efforts are working well. Code compliance participated as a member of the city Drought Preparedness
Team assisting Public Works. Code Compliance was included in the group as a resource for
enforcement options if the curtailment levels were increased. Code Compliance participated in
discussions, problem solving and advised the team of options regarding warnings and citations if the
situation changed and this level of enforcement was ever needed.
Page I of 2
~r,
CITY OF
-ASHLAND
FISCAL IMPLICATIONS:
N/A
TRENDING CODE COMPLAINTS TO CONSIDER:
Medical marijuana agricultural grow sites are being reported and described as causing a negative
impact due to the noxious odor of the plants. The size of the grow site is the number one factor in the
level of odor. Some growers are maintaining plants for more than just themselves and these larger
backyard grows are causing complaints regarding what is described as "the strong skunk like odor" of
the flowering plants. Police have fielded these complaints in the past. Code Compliance has issued
four cease and abate warnings and one citation to date for Nuisance (offensive odor) under the city
municipal code.
Recreational trailers, utility sheds and other temporary structures being used as long term dwellings
units in backyards and driveways in the single family zones on private property are being reported.
Complaints describe people as living in utility sheds, recreational vehicles, trailers or out buildings,
resulting in increased noise levels and the need for additional parking. Medford and Jackson County
have ordinances that prohibit this specific activity in single family residential zones. Ashland may
want to consider amending our ordinances to provide clarity to property owners that such use of
trailers and non-habitable structures as permanent dwellings is not permitted.
Code compliance has been receiving reports and complaints of an increase in the mice and rat
populations in the city. Some citizens believe that chicken coops are causing this problem. Each
complaint has its own issues and when responding to these vector control complaints the area is
assessed for possible food sources or other conditions that may be contributing to the rise in sightings.
Citizens are also referred to Jackson County resources for vector control such as free traps and advice
on removal.
STAFF RECOMMENDATION AND REQUESTED ACTION:
No action is requested. This item is for informational purposes only.
SUGGESTED MOTION:
N/A
ATTACHMENTS:
• Code compliance activity log
• Graph of code compliance activity in various categories
• Current short term rental log
• Map of alleged unlicensed short term rentals by status
• Map of alleged unlicensed short term rental by zoning district
Page 2 of 2
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ASHLAND HISTORIC COMMISSION
Meeting Minutes
August 6, 2014
Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room
I. Regular meeting, call to order: 6:05p.m. - SISKIYOU ROOM in the Community
Development/Engineering Services Building, located at 51 Winburn Way
Historic Commissioners Present: Mr. Skibby, Ms. Renwick, Mr. Whitford, Mr. Swink, Mr.
Shostrom, Mr. Giordano
Commission Members Absent: Ms. KenCairn(E), Ms. Law (U)
Council Liaison: Mike Morris, absent
Staff Present: Staff Liaison: Amy Gunter, Clerk: Regan Trapp
II. APPROVAL OF MINUTES: Historic Commission regular meeting of July 2, 2014. Ms. Renwick
approved the minutes from July 2, 2014, and Mr. Swink seconded. Motion passed unanimously.
III. PUBLIC FORUM: There was no one wishing to speak.
IV. COUNCIL LIAISON REPORT: No council liaison was present to give the report.
V. PLANNING ACTION REVIEW: Mr. Skibby read aloud the requirements for public hearings.
PLANNING ACTION: 2014-00710
SUBJECT PROPERTY: 143 Nutley Street
APPLICANT/OWNER: Robert Baldwin
DESCRIPTION: A request for a Conditional Use Permit (CUP) approval to exceed maximum
permitted floor area (MPFA) in the Skidmore Academy Historic District for the addition of 1,695
square feet on to the existing 896 square foot residence on the property at 143 Nutley Street. The
request is to exceed the allowed MPFA of 2,591 square feet by 13.29 percent or 306 square feet.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5;
ASSESSOR'S MAP: 39 1 E 08AD TAX LOTS: 2300.
Mr. Skibby opened the public hearing for staff comments. Ms. Gunter gave the staff report. The
conditions of approval for this addition include the Historic Commission's recommendations. Staff
is recommending a tree protection and preservation plan as well as arborist recommendations for
the relocation of the driveway and its potential impacts on the two trees on the adjacent lot. They
are to continue the sidewalk at 5 feet, curbside to the property line.
Mr. Skibby opened the public hearing.
Gary Caperna, Architect, 2908 Hillcrest Road, Medford, OR 97504.
Mr Caperna showed the commission the plot lines from the county surveyors and said there is a
discrepancy but that the lot is 60 X 110. He discussed the plans in depth and stated that they
have maintained most of the historic standards in the new addition. They are replacing all the
windows in the house with double hung windows with no divided lighting. Mr. Whitford asked if the
2nd floor was finished space and Mr. Caperna said that there are 2 attic style bedrooms but they
are not a very usable space. He stated that they would be used as storage rooms. He said that
they are not redoing the upstairs space but instead, making it attic space. There was some
discussion on how much of the attic ceiling is actually 7 feet and it was determined that a
separate condition of approval could be to leave the attic space as is. Mr. Caperna said that
significant disruption would occur if they messed with the footings and the structure of the
building. That is why they decided to make the addition in the back.
Mr. Skibby closed the public hearing. Mr. Skibby stated that this project has evolved quite a bit
from where it started and likes that they saved the original house and the fagade. Mr. Swink
liked the detached garage hidden away from the front of the house and said it keeps the focus on
the house. Mr. Swink also stated that it is a nice continuation of a historic home. Mr. Giordano
said that he likes the sharing of the driveway. Ms. Renwick motioned to approve PA-2014-00710
and Mr. Swink seconded. Motion passed unanimously.
PLANNING ACTION: 2014-00711
SUBJECT PROPERTY: 135 Nutley Street
APPLICANT/OWNER: Robert Baldwin
DESCRIPTION: A request for a Conditional Use Permit (CUP) approval to exceed maximum
permitted floor area (MPFA) in the Skidmore Academy Historic District for the addition of 1,220
square feet on to the existing 856 square foot residence on the property at 135 Nutley Street. The
request is to exceed the allowed MPFA of 1,821 square feet by 14.5 percent or 264 square feet.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5;
ASSESSOR'S MAP: 39 1 E 08AD TAX LOTS: 2300.
Ms. Gunter gave a report on the planning action. Mr. Skibby opened the public hearing.
Gary Caperna, Architect, 2908 Hillcrest Road, Medford, OR 97504.
Mr. Caperna stated that once again they are dealing with a small compact lot. They are utilizing
the single driveway. He said they have changed the plans quite a bit from the original, to more of
a bungalow style. He stated that part of the mass issue is the sloped property and that it does
exaggerate the building mass on the downhill side. The plates have been dropped down, on one
side of the house, to 7ft to try to carve out the building mass and use the hill. Mr. Caperna said
they are keeping a dormer style gable to tie it all in but that they did get rid of some of the gables.
Mr. Skibby stated that this is a big improvement from the original plans. Mr. Giordano said that
the porch height should be lowered because it's physically small and small in regards to the front
elevation. There was much discussion on the bulk and scale of the windows. Mr. Skibby closed
the public hearing.
Mr. Skibby closed the public hearing. The Commission recommended reducing the porch height
by approximately one foot to be even with the freeze board. Lowering the bedroom window bay
on the right to be even with the gutter line and use the straight cut concrete shingles. Mr.
Giordano motioned to approve PA-2014-00711. Mr. Shostrom seconded, no one opposed.
Motion passed unanimously.
PLANNING ACTION: 2014-01283
SUBJECT PROPERTY: 172 Skidmore
APPLICANT/OWNER: Val Bachmayer
DESCRIPTION: A request for a Conditional Use Permit to operate a five-unit (four guest units
and one owner's unit) Travelers Accommodation, and a Site Review Permit request for 343
square feet of additional space added to the main structure for the property located at 172
Skidmore. A 301 square foot first floor addition to the owner's residence is proposed as a
common dining room, while a 42 square foot second floor addition would expand an existing
dormer on the south elevation. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-
family; ZONING: R-2; ASSESSOR'S MAP: 39 1 E 05DD; TAX LOT: 1000;
Ms.Gunter gave her staff report. Mr. Skibby opened the public hearing
Val Bachmeyer, Owner of 172 Skidmore, Ashland, OR 97520. Ms. Bachmeyer stated that she
wants to expand the living and dining area and have a gathering room for up to 18 people. One
side of the expansion will be set up for a common area. Ms. Bachmeyer presented the
commission with pictures of the property and explained what her expansion entails. Mr. Skibby
closed the public hearing.
Mr. Skibby said that it will blend in nicely with the neighborhood and really liked the historical
marker in the yard. Mr. Swink says the windows on the corners look contemporary and Ms.
Bachmeyer stated that she wants to use the existing windows due to finances. It was suggested
by the Commission that Ms. Bachmeyer, use the existing windows and move them 2 feet from the
corner. Mr. Whitford motioned to approve with the above condition and Mr. Swink seconded. No
one opposed. Motion passed unanimously.
VI. OLD BUSINESS:
None
VII. NEW ITEMS:
A. Ms. Gunter explained the election rules for public office to the commission.
B. Ms. Gunter stated that Sept 9, 2014 is the CLG training but no time has been finalized as of
yet. The training will be held at the Carnegie Library in Medford. Ms. Gunter said that she
suggested that in the training they address demolitions and bring proof of ones that have
been legally challenged. Ms. Gunter said that she would like to address how we can tighten
up our code on demolition permits that are not required and should we add a level of review
to these.
VIII. DISCUSSION ITEMS:
Mr. Shostrom reported that the city dug up bricks at Pioneer hall and it's trenched with asphalt.
Ms. Gunter said that she will ask about this work being done and report back to the Commission.
IX. COMMISSION ITEMS NOT ON AGENDA
Ms. Gunter said that The Historic Commission did not receive funding from Travel Oregon for the
grant she applied for.
Ms. Gunter told the commission about the progress of the Downtown Design Committee and said
that now is an appropriate transition time if another commissioner was interested. It was
suggested that Mr. Whitford take over as the representative for these meetings
The Commission discussed the Restore Oregon email that was received. It is the 2014 Heritage
Barn Workshop and will be Saturday September 27, 2014 from 9:30am - 4pm at Hanley Farm in
Central Point, OR.
A. Review Board Schedule
Au 7th Keith, Allison, Victoria
Au 14th Tom, Sam, Kerr
Au 21 st Terry, Victoria, Dale
Aug 28th Terry, Sam, Allison
Sept 4 Keith, Allison
B. Project Assignments for Planning Actions:
PA-2014-00725 121 Manzanita-Under construction Whitford
PA-2014-00725 469 Allison-Under construction Swink
PA-2014-
00710/711 143/135 Nutley Swink and Whitford
PA-2014-01283 172 Skidmore Shostrom
BD-2013-00256 175 Lithia Way - Under construction Giordano
PA-2014-00251 30 S. First St. - No new permits issued Whitford
PA-2014-00491 566 Fairview St. - Under construction/almost done Shostrom
BD-2013-00813 374 Har adine - Under construction/almost done Swink
PA-2013-01388 14 Calle Guanajuato Sandlers Restaurant-Under construction/almost done Renwick
PA-2013-01421 270 N. First St. Nisha Jackson)- Building permit issued Renwick
PA-2013-01829 60 Alida St. Lieberman - Complete Shostrorn
PA-2013-01828 310 Oak St. (Thompson) - No new permits issued Shostrom
ANNOUNCEMENTS & INFORMATIONAL ITEMS:
Next meeting is scheduled for September 3, 2014, 6:00 pm.
There being no other items to discuss, the meeting adjourned at 8:09pm
Respectfully submitted by Regan Trapp
CITY OF
-ASHLAND
TREE COMMISSION MINUTES
September 4, 2014
CALL TO ORDER - Ashland Tree Commission meeting was called to order at 6:04 p.m. on September 4,
2014 in the Siskiyou Room in the Community Development and Engineering Services Building located
at 51 Winburn Way, Ashland, Oregon.
Commissioners Present Council Liaison
Ken Schmidt - Absent Carol Voisin
Gregg Trunnell Staff
Russ Neff Michael Pina, Plannin liaison
Casey Roland
Christopher John
APPROVAL OF MINUTES - Neff motioned, and John seconded the motion, to approve the July 7, 2014
regular meeting minutes and the motion carried unanimously.
WELCOME GUESTS & PUBLIC FORUM
No guests
PLANNING ACTION REVIEW
PLANNING ACTION: PA-2014-01226
SUBJECT PROPERTY: 345 Lithia Way
APPLICANT: Double R Products
OWNER: Hays Oil
DESCRIPTION: A request for a Site Review approval to convert the Lithia Way Texaco
located at 345 Lithia Way into a retail and restaurant establishment that sells growlers.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1;
ASSESSOR'S MAP: 39 lE 09BD; TAX LOTS: 1801
All commissioners visited the site. No ex parte contacts declared. Pifla gave a brief staff report outlining
the application's proposal to convert the existing gas station into a retail/restaurant establishment. The
applicant will remove the pump island, canopy, and the air and vacuum stations, as well as
decommission the underground gasoline storage tanks. The car wash bay will converted to the
equipment and storage area, while the existing retail area will be enlarged through to the conversion of
the mechanic bay to additional retail/restaurant area. In deliberating the request, the Tree Commission
provided the following recommendations: That a revised size- and species- specific landscape and
irrigation plan be submitted with building permit submittals. That the proposed street tree's be chosen
from the Lithia Way Tree list, be staggered from one-another, and be fitted with perforated sleeve to
protect the bark.
Trunell motioned, John seconded, to approve the application as presented with the following
recommendation: That a revised size- and species- specific landscape and irrigation plan be
submitted with building permit submittals. That the proposed street tree's be chosen from the
Lithia Way Tree list, be staggered from one-another, and be fitted with perforated sleeve to
protect the bark. The motion carried unanimously.
PLANNING ACTION: PA-2014-01499
SUBJECT PROPERTY: 157 Garfield St.
APPLICANT: Canopy LLC
OWNER: Sue Lawrence
DESCRIPTION: A Tree Removal Permit request to remove an approximate 26-inch DBH
Mulberry tree from the rear yard of the property located at 157 Garfield St. The tree has been topped
multiple times causing an increased possibility of failure.
COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R-2;
ASSESSOR'S MAP: 39 1E IOCB TAX LOT: 3601
All commissioners visited the site. No ex parte contacts declared. Pina gave a brief staff report noting
that the application proposes to remove a single 26-inch DBH Mulberry tree from the rear yard of one of
the units. The applicant's findings state that the tree has been severely topped multiple times over the
years, causing the tree to have a poor structure with weak attachments, and subsequently an increased
risk of failure. Therefore attempting to restructure the tree via pruning is not an option. In deliberating
the request, the Tree Commission was supportive of the request, however a specific mitigation tree what
not proposed, therefore the Commission recommended that a minimum three-inch caliper tree be chosen
as a replacement tree, or multiple trees at the minimum size of 1.5-inches, with irrigation.
Neff motioned, John seconded, to approve the application as presented, with the recommendation
that a minimum three-inch caliper tree be chosen as a replacement tree, or multiple trees at the
minimum size of 1.5-inches, with irrigation. The motion carried unanimously.
PLANNING ACTION: PA-2014-01474
SUBJECT PROPERTY: 943-949 East Main
APPLICANT: Gabino Remigio
OWNER: Ron DeLuca
DESCRIPTION: A Tree Removal Permit request to remove 13 trees of varying species, all
greater than six-inches DBH, from the property located at 943-949 East Main Street. Twelve Cedar and
Cypress trees were removed prior to approval. The remaining tree is an approximate 30-inch Maple tree
is located in the front yard between the parking lot and structure.
COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R-2;
ASSESSOR'S MAP: 39 1E 09AD TAX LOT: 3801
All commissioners visited the site. No ex parte contacts declared. Pina gave a brief staff report
indicating that the applicant requests a retroactive approval for the removal of twelve trees without
permits, and an additional removal request for a 36-inch Maple tree located between the parking area
and building along the East Main frontage. The difficulty in reviewing this proposal is that being
constructed in 1965, staff does not have an approved landscape plan on file, therefore, we have nothing
in which to compare the proposal to. Nevertheless, AMC 18.042.13 requires an Tree Removal Permit for
all trees greater than six-inches Diameter at Brest Height (DBH) within a multi-family zone. In speaking
with the applicant, the trees removed were a mix of five Leland Cypress along the building's east
elevation, and five volunteer Cedars along north building's northern elevation, and two within a nine-by-
ten landscape area between the two buildings. The applicant asserted that he was unaware that removal
of the aforementioned trees required a permit.
IrPMAL1611
2
Pina noted that in similar situations, planning staff has issued citations for removal without permits.
However in this case, since the applicant is requesting a permit for one of the trees on-site, staff would
rather have compliance than enforcement on tree removal and replacements. In deliberating the request,
the Tree Commission felt that the property owner should have been aware of tree removal requirements
on multi-family zoned properties, or at least inquired with staff to what the process is for removing trees.
However, if the applicant had came before the Commission to request removal prior to removing the
trees, the commission and staff would have likely approved the request based upon the materials
presented. However as this is not the case, it is difficult for staff to assess the potential impact or
removing the trees on this and adjacent properties. Therefore, the Commission recommended that the
applicant come back before the commission with a mitigation and irrigation plan for this property and
any other off-site mitigation for their review. As for the requested Maple, the Commission agreed with
the applicant in that the tree presents a potential danger to pedestrians by creating a tripping hazard, and
due to its aggressive root structure can will cause damage to the building and utility systems, therefore
removal is approved.
Trunell motioned, Neff seconded, to continue the application at the next hearing, so that the
applicant can develop a revised landscape and irrigation plan for this property and others in
common ownership in which mitigation trees will be planted. The motion carried unanimously.
DISCUSSION ITEMS
Commission Roland, whom was absent last meeting, spoke about a replacement tree for the one in the
plaza. Roland thought that perhaps rather than one single tree, a group of multiple trees placed in a way
as to provide a greater canopy of shade may be another option. Pina stated that could be an option, but
noted at the previous meeting, the Commission discussed this very topic and made a recommendation of
a minimum four- to six-inches DBH, preferably a Burr or Red Oak; contain an appropriate amended soil
mixture; planted in the fall according to City specifications.
Commission Chair Trunell, whom was absent last meeting, discussed the need for standardized tree
protection procedures on all city projects, equal to or greater than those the planning division requires of
the public. Pina noted that at the previous meeting, the Commission also discussed this topic, and made
a recommendation, however Trunell pointed out that a motion was made to this specified point.
Trunell motioned, Roland seconded, that on all city projects within the right-of-way, that the City
follows the same if not greater tree protection measures the planning division requires of the
public. The motion carried unanimously.
LIAISON REPORTS
Carol Voisin, City Council Liaison - Voisin updated the Commission on the wok of the City
Beautification Committee, and that the committee is seeking input from the Tree Commission on six
areas downtown. These will be brought forth to the Tree Commission for their review in the coming
months.
COMMISSIONER REPORTS
Meeting adjourned at 8:15 p.m.
Respectively submitted by Assistant Planner Michael Pina
plonAlial
3
CITY OF
-ASHLAND
Council Communication
October 21, 2014, Business Meeting
Special Procurement for the purchase of Allen-Bradley (brand specific) electrical
products and components
FROM
Jason Robustelli, wastewater collections supervisor, Jason.robustellikashland.or.us
David Gies, wastewater treatment plant supervisor, david.gieskashland.or.us
SUMMARY
The Wastewater Division of the Public Works Department is seeking an exemption from the
competitive bid process to purchase Allen-Bradley products (brand specific) for a term of five (5)
years. Purchase of brand specific components will maintain consistency between the complex
electrical and automation systems utilized to monitor and maintain the wastewater treatment plant and
the five (5) wastewater pump stations. It is possible, however unlikely that the cost for these products,
during this five (5) year term could exceed the $100,000 threshold that requires Council approval
BACKGROUND AND POLICY IMPLICATIONS:
The wastewater pump stations and the treatment plant have complex electrical and automation systems
that are in the process of being upgraded. Upgrades and product recommendations have been designed
and recommended by Portland Engineering Inc. The existing systems are now a minimum of fifteen
years old, and in some cases considerably older than that. Implementation of these upgrades requires
using all new Allen-Bradley (brand-specific) electrical products and components. It is critical that
these systems are built and maintained using the same brand components to ensure compatibility and
reliable performance. Components at the waste water treatment plant currently use Allen-Bradley
products and must be able to seamlessly communicate with equipment in the pump stations located at
various locations in town. Communication between the pump stations and the treatment plant is
critical to ensure correct operation. Without this communication, problems or failures at the pump
station would go undetected which could lead to a sewer system overflow. To ensure the accurate and
reliable exchange of information, compatibility is critical. Maintaining consistency with equipment
between the various locations will maintain this compatibility.
A Special Procurement is used for the purpose of seeking an exemption from the competitive bid
process, custom designing a contracting approach, or the direct selection or award of a public contract
or for a series of contracts. The completed Special Procurement, Approval Request Form is attached
for your review and consideration.
AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures
All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or
Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model
Rules except for the following:
Page 1 of 2
~r,
CITY OF
ASHLAND
G. Special Procurements - a public contract for a class special procurement, a contract specific
procurement or both, based upon a contracting procedure that differs from procedures
described in ORS 279B.055, 279B.060, 279B.065, 279B.070. The contracting approach may be
custom designed to meet the procurement needs.
1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other
applicable provisions of law.
FISCAL IMPLICATIONS:
The initial cost to upgrade the five (5) wastewater pump stations is estimated to be $35,000 and the
funds have been budgeted for these upgrades. Additional costs and funding will be dependent upon
the need for future replacement and/or repairs.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that the "Class Special Procurement" be approved.
SUGGESTED MOTION:
The Council, acting as the Local Contract Review Board, moves to approve the Class Special
Procurement for the purchase of Allen-Bradley (brand specific) electrical products and components.
ATTACHMENTS:
1. Form #9, Special Procurement, Request for Approval and Written Findings
2. Letter provided by Rockwell Automation (manufacturer of Allen-Bradley electrical
components) stating that North Coast Electric is currently the only distributor appointed and
authorized to sell Allen-Bradley products and services in the Ashland area.
Page 2 of 2
CITY OF
FORM #9 -ASHLAND
SPECIAL PROCUREMENT
REQUEST FOR APPROVAL
To: City Council, Local Contract Review Board
From: Mike Faught
Date: 1012114
Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set
forth ORS 279B.085(4).
1. Requesting Department Name: Wastewater Collection & Wastewater Treatment
2. Department Contact Name: Jason Robustelli - David Gies
3. Type of Request: X Class Special Procurement Contract-specific Special Procurement
4. Time Period Requested: From 10/30/2014 To: 10/30/2019
5. Total Estimated Cost: There is the initial cost of $35,000.00 for the wades to the five wastewater pump
stations Future purchases of Allen Bradley (brand) parts for the wastewater pump stations and wastewater
treatment plant will be dependent upon the need for replacement or repair parts
6. Short title of the Procurement: Rockwell Automation - Allen Bradley Brand of electrical
Parts)
Supplies and/or Services or class of Supplies and/or Services to be acquired:
Allen Bradley (brand) electrical parts for pump station and treatment plant control upgrades
and repairs
7. Background and Proposed Contracting Procedure: Provide a description of what has been done
in the past and the proposed procedure. The Agency may, but is not required to, also include the
following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract
Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach
additional sheets as needed.
Background: The wastewater treatment plant and wastewater pump stations have been completely
redesigned and upgraded by Portland Engineering Inc There new electrical design has been executed
using all new Allen Bradley (brand) electrical parts at the wastewater treatment plant. PEI has also
Form #9 - Special Procurement - Request for Approval, Page 1 of 3,10/15/2014
designed the five wastewater pump station upgrades with the same Allen Bradley (brand) electrical
parts for consistency with the WWTP. PEI was awarded this engineering and design contract for the
WWTP and Wastewater Collection Dept. through a competitive bid process.
Proposed procedure:
Allen-Bradley will be purchased from authorized distributors. Currently North Coast Electric
Company located in Medford Oregon is the only distributor appointed and authorized to sell Allen-
Bradley products in the Ashland area per the attached letter provided by Rockwell Automation the
manufacture of Allen-Bradley parts.
8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a
Special Procurement. Attach relevant documentation.
A wastewater collection system requires dependability and recovery from failure. Allen Bradley
is a proven reliable industrial electrical and automation component provider with excellent technical
support This product is recommended by Portland Engineering Inc. who is designing our upgrades
and will in the future be used to assist with any problem. We are striving for overall consistency with
the electrical parts that have already been used in the WWTP upgrades and have been designed into
the five pump station upgrades
9. Findings to Satisfy the Required Standards: This proposed special procurement:
X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
Currently North Coast Electric Company located in Medford Oregon is the only distributor appointed
and authorized to sell Allen- Bradley products in the Ashland area per the attached letter provided by
Rockwell Automation the manufacture of Allen-Bradley parts.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and
(b)(i) will result in substantial cost savings to the contracting agency or to the public because:
(Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or
X (b)(ii) will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements of ORS 27913.055, 27913.060, 27913.065,
or 27913.070, or any rules adopted thereunder because:
It is in the City's best interest to have the entire wastewater treatment plant and five pump stations
using the same Allen Bradley brand of electrical parts and controllers it gives us flexibility. It gives us
the ability to interchange parts and controllers quickly in an emergency situation. Troubleshooting
will be easier and that will create less down time and less potential for wastewater overflows. Using
same brand electrical parts throughout system allows us to integrate them cleanly and securely.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.)
Form #9 - Special Procurement - Request for Approval, Page 2 of 3,10/15/2014
Public Notice:
Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public
notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a
public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public
notice shall describe the Goods or Services or class of Goods or Services to be acquired through the
Special Procurement and shall give such public notice of the approval of a Special Procurement at
least seven (7) Days before Award of the Contract.
After the Special Procurement has been approved by the City Council, the following public notice will
be posted on the City's website to allow for the seven (7) day protest period.
Date Public Notice first appeared on www.ashland.or.us - [October 22, 2014, if approved by Council]
PUBLIC NOTICE
Approval of a Special Procurement
First date of publication: [October 22, 2014, if approved by Council]
A request for approval of a Special Procurement was presented to and approved by the
City Council, acting as the Local Contract Review Board, on [October 21, 2014, if
approved by Council].
This Class Special Procurement will allow the Wastewater Division to purchase Allen-
Bradley (brand specific) electrical components and products as needed to maintain the
complex electrical and automation systems utilized to monitor and maintain the
wastewater treatment plant and the five (5) wastewater pump stations. It is critical that
these systems are maintained using the same brand components to ensure compatibility
and reliable performance.
It has been determined based on written findings that the Special Procurement will be
unlikely to encourage favoritism in the awarding of public contracts or to substantially
diminish competition for public contracts, and result in substantial cost savings or
substantially promote the public interest in a manner that could not be realized by
complying with the requirements that are applicable in ORS 27913.055, 27913.060,
279B.065, or 279B.070.
An affected person may protest the request for approval of a Special Procurement in
accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be
delivered to the following address: City of Ashland, Kari Olson, Purchasing
Representative, 90 N. Mountain; Ashland, OR 97520. The seven (7) protest period will
expire at 5:00pm on [October 29, 2014, if posted October 22, 2014]
This public notice is being published on the City's Internet World Wide Web site at least
seven days prior to the award of a public contract resulting from this request for approval
of a Special Procurement.
Form #9 - Special Procurement - Request for Approval, Page 3 of 3,10/15/2014
Rockwell
Automation
October 1St, 2014
Jason Robustelli
City of Ashland, OR
90 N.Mountain
Ashland, OR 97520
Re: North Coast Electric - Rockwell Authorization
Dear Jason
This is to confirm that North Coast Electric currently is the only distributor
appointed and authorized to sell Allen-Bradley Standard Controls, Drives,
PLC/MMI, Rockwell Software products and all services offerings in the geographic
area in which The City of Ashland resides. As a matter of Company policy, full
factory product and sales support is made available only to the local authorized
distributor, and it is Rockwell Automation's practice and policy to always promote
and recommend the use of that distributor to customers in that geographic area.
Rockwell Automation discourages the use of other non-authorized sources,
including distributors who may hold an Allen-Bradley appointment in another
locale.
Should you have any questions regarding the above, please do not hesitate
to contact either North Coast Electric, Inc. at (425-280-4680) or myself.
Very truly yours,
Jason Davis
Jason Davis
Channel Manager
425.280.4680
cc:
CITY OF
ASHLAND
Council Communication
October 21, 2014, Business Meeting
Approval of three Request for Proposals for Architectural Designs for Downtown
Improvement Projects
FROM:
Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurys@ashland.or.us
SUMMARY
At the September 2 meeting, City Council approved recommendations for downtown improvement
projects and directed staff to provide Council with an implementation plan for each project. The
attached RFPs (request for proposals) for professional landscape architectural design work relate to
five of the six approved projects and are the first step in the implementation plan. The attached RFPs
include: 1) improvements to the planter area at the corner of Winburn Way and North Main Street and
the triangle at the corner of Lithia Way and Pioneer Street; 2) landscaping at the Pioneer Street and
Lithia Way parking lot; and 3) the addition of plant material to the Plaza and partial paver replacement.
Once Council approves the RFPs, they will be publicly advertised.
The intent is to complete the projects by the end of June of 2015.
BACKGROUND AND POLICY IMPLICATIONS:
On September 2, 2014, the ad hoc Downtown Beautification and Improvement Committee presented to
the City Council its recommendation for projects to be completed using Transient Occupancy Tax
(TOT) revenues allocated for "other city capital projects that qualify." In addition to the projects listed
above, the City Council also approved a recommendation for the Public Art Commission to oversee the
process to commission and install art on the city-owned half wall on the path leading from Thomas
Theatre to East Main Street. That project implementation plan will come to the City Council at a later
date.
The Council directed staff to provide an implementation plan for each project. The RFP process is the
first step to developing an implementation plan.
1) RFP for professional landscape architectural designs for improvements to the planter at the
corner of Winburn Way and North Main Street and the triangle at the corner of Lithia Way and
Pioneer Street.
Staff has combined these two projects into one RFP. The allocation of TOT funds totals $21,000
($6,000 for the planter and $15,000 for the triangle) plus estimated design fees in the range of $3,000
to $5,000. Staff estimates approximately $7,300 ($3,800 for the planter and $3,500 for the triangle) in
additional concrete safety improvement expenses for these two projects. These expenses are in
addition to the TOT allocation and will be paid using previously approved miscellaneous concrete
safety repairs funds for Public Works. This RFP assumes all project management and design for safety
Page 1 of 3
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CITY OF
ASHLAND
improvements will be covered by the City staff. Total anticipated project costs: $21,000 plus
approximately $3,000 to $5,000 in design fees, and $7,300 in concrete safety improvement costs.
2) RFP for landscape design for the parking lot at the corner of Lithia Way and Pioneer Street.
The allocation of TOT funds for this project is $31,000. Staff anticipates all project management will
be covered by the City. Total anticipated project costs: $31,000 plus approximately $3,000 to $5,000 in
design fees.
3) RFP for Plaza to include plant material, fencing, three free standing planters and partial paver
replacement.
Staff has combined both Plaza projects into one RFP. The TOT allocation for this project is
$30,500. Staff anticipates all project management will be covered by the City. Total
anticipated project costs: $30,500 plus approximately $5,000 to $8,000 in design fees.
Proposed Timeline
October 21 Council approval or edits of RFPs*
October 23 Advertise RFPs
November 20 Open RFPs
December 1-5 Grade responses to RFPs
December 8 Final selection
December 16 Council meeting for award approval
December - early January Process contract documents with consultants and issue notice to proceed
Mid-January Schedule preliminary meeting with staff and consultant to provide data
January - April Consultant design, Tree Commission meetings, Council meetings and
final design approval
April - June Construction
*If a second Council meeting (November 4) is needed for Council to approve or edit RFPs the
proposed timeline will extend by two weeks.
FISCAL IMPLICATIONS:
$82,500 in TOT funds plus approximately $11,000 to $18,000 in design work and $7,300 for concrete
safety improvements to be paid using Public Works existing budget.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council approve the proposed RFPs and provide modifications if desired.
SUGGESTED MOTIONS:
1) I move approval of the RFP for design and implementation for improvements to the planter on
the corner of Winburn Way and North Main and the triangle at the corner of Pioneer Street and
Lithia Way.
2) 1 move approval of the RFP for design work and implementation of landscape improvements to
the parking lot at the corner of Pioneer Street and Lithia Way.
Page 2 of 3
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CITY OF
ASHLAND
3) I move approval of the RFP for design work and implementation of improvements to the Plaza.
ATTACHMENTS:
• RFP for Pioneer parking lot landscaping
• RFP for the corner of Winburn Way and North Main and the triangle at Lithia Way and Pioneer
Street.
• RFP for Plaza enhancements.
Page 3 of 3
IrW411
REQUEST
FOR
PROPOSALS
Pioneer Parking Lot Landscape Improvements
PROJECT NO: 2014-09
PROJECT TYPE: Professional Landscape
Architectural Services
PROPOSAL OPENING DATE:
2:00 PM, November 20, 2014
CITY PROJECT MANAGER Scott A. Fleury
i
CONTRACT DURATION 12 months
®r
C I T Y OF
ASHLAND
PUBLIC WORKS ENGINEERING
20 E. MAIN STREET
ASHLAND OR 97520
541/488-5347
G:lpub-wrksleng114-09 Downtown BeautylRFP's Downtown BeautylRFP Pioneer Parking Lot114-09 RFP
Pioneer Parking Lot (1).doc
TABLE OF CONTENTS
-
Table of Contents 1
Advertisement 3
Section 1 - Request for Proposals 4
-
L I Solicitation Information and Requirements 4
1.1.1 Overview 4
1.1.2 Background 4
1.1.3 Definitions 4
1.1.4 Contract Form 5
Contract Duration 5
_
Contract Payment 5
DBE Participation 5
Ashland Living_Wage Requirement 5
1.1.5 Business License Requirements 6
1 1 6 Insurance Requirements _ 6
1.2 Questions and Clarifications 6
1 2.1 Pr~oser Questions 6
-
1.3 Protests 7
1.3.1 Award Protest Requirements 7
_
1 3 2 Specification Protest Process 7
1 .3.3 Costs and Damages _ 8
1.4 Pass/Fail Proposal Submission Requirements 8
1.4.1 Proposal Submission Deadline 8
1.4.2 Te-nns and Conditions 8
_.....__1_4.3 Proprietary Information__ 8
1.4 Laws and Regulations _ 9
1.5 R equired Proposal Submission Items 9
1.5.1 Cover Sheet 9
_._1.5.2_ Page Length Limitation 10
_
1 .5.3 Quantity of Proposals _ 10
1 5 4 Minimum Proposal Contents 10
Section 2 - Evaluation Process and Consultant Selection 1 i
11
2.1 Evaluation Process
2.1.1 Proposal Evaluation 12
- -
2.1.2 Interviews / Follow-u? Questions 12
.
2.1.3 References 12 _
2.1.4 Clarifications 12
.
2.1.5 Non-Resident Proposer 13
2.2 Scoring Criteria 13
2.2.1 Technical Competence 13
2 2 2 Specialized Experience and Capabilities 13
- -
2.2.3 Resources and Past Performance 13
T _ _ .14
2 2 4 Pr oiect Management Techniques -
2.2.5 Cost of Services 14
2.3 Award Process 15
_ _
2.3.1 Negotiations 15
2.3.2 Failure to Execute Contract 15
_
..2.3.3 Notice of Intent to Award 15
2.3.4 Evaluation Record 15
2 3.5 Right to Protest 15
2.3.6 Award 16
GApub-wrkskeng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Pioneer Parking Lot\14-09 RFP Pioneer
Parking Lot (1).doc
1
Section 3 - Scope of Services ._...---.....-_._.........._...._._......_.._._..._-_16._
3 1 General Requirements 16
3.1.1 Personnel Materials and Equipment, Safety Equipment, Professional Duties 16
_3.1.2 Safety )Jquipment 16
_ 3.1 .3 Professional Responsibilities 16
_ . -
3.1 4 Protect Management
16
_
Appendix A: Contract Form Including Exhibit A, Form W-9 and City Of Ashland Living Wage
Appendix B: Project Site Overview Maps and Photographs
i
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ADVERTISEMENT
CITY OF ASHLAND PUBLIC WORKS - REQUEST FOR PROPOSAL
PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES
The City of Ashland is requesting proposals for professional landscape architectural services for
the design and construction documentation of landscape improvements to the Pioneer St. parking
lot. Reference exhibit B for site map location and photographs.
The project will include but is not limited to the following activities:
• Development final project scope.
• Design of functional landscape and hardscape improvements.
• Attend public meetings with the Tree Commission and City Council
• Preparation of appropriate construction documents
• Facilitate as necessary Pre-Bid, Pre-Construction, and Construction Progress meetings
and provide meeting minutes as necessary
• Provide technical assistance during bidding and construction
• Provide Construction Management and Inspection Services as necessary
Proposals must be physically received by 2:00 PM, November 20, 2014, in the City of Ashland
Engineering Office located at 51 Winburn Way, Ashland OR 97520 or by mail at 20 E. Main
Street, Ashland, OR 97520. For further information, contact Scott A. Fleury, Engineering
Services Manager at 541/552-2414, or by email at fleurys@ashland.or.us. Consultant selection
is anticipated to result in the issuance of a contract for landscape architectural services in the
form provided in this RFP, for a duration anticipated to be no more than 12 months.
Proposal documents are available at the above address, as well as the City of Ashland website at
www.ashland.or.us. Any addenda may be downloaded or picked up at Community
Development, 51 Winburn Way, Ashland, Oregon. The bidder must check the website
frequently until closing for any addenda that may be issued. All submittals by the proposer
must be in hard copy form. Proposals are limited to four (4) pages. The proposer must be
registered as a Professional Engineer with the State of Oregon. Consultant selection will be
based upon weighted criteria as cited in the Request for Proposal document. Standard selection
criteria include, but are not limited to: experience, availability, schedule, and response time.
The City of Ashland reserves the right to reject any and all proposals, to waive formalities or to
accept any proposal which appears to serve the best interest of the City of Ashland.
Dave Kanner, City Administrator
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CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSAL
PIONEER ST. PARKING LOT LANDSCAPE IMPROVEMENTS
SECTION 1-- REQUEST FOR PROPOSALS
1.1: SOLICITATION INFORMATION AND REQUIREMENTS
1.1.1 Overview
The City of Ashland is looking for professional landscape architectural services to provide plans,
specifications and estimates (PS&E) along with construction documentation for landscape
improvements within the City of Ashland downtown corridor.
The City of Ashland receives a transient occupancy tax that is allowed to be used on capital
improvement projects for tourism-related facilities or intended to support tourism-related
activities. Specific capital projects within the downtown corridor of Ashland have been identified
for improvement. The project identified within this RFP is a priority improvement project for the
Ashland City Council.
1. 1.2 Back round
In March of 2014, The City of Ashland Council approved formation of a Downtown
Beautification Committee to analyze and recommend specific projects within the downtown
corridor for improvement. Over ten meetings the Committee discussed improvement projects,
solicited public input and made a final recommendation to Council for priority projects to
proceed forward with, based on available funding and preliminary cost estimates. The priority
project list was approved by the City Council on September 2, 2014. Projects are expected to be
designed and constructed by summer of 2015. Final recommended design will be presented
before City Council for approval.
Pioneer St. Parking Lot Landscape Improvements Project Goals:
The existing trees and shrubs are either near their lifespan or damaged from pedestrian
traffic. The existing irrigation system is old and inefficient. The project should focus
removal of existing planter material and layout of new tree, shrub and plant material in
the areas adjacent to the sidewalks in order to create a visually appealing green buffer
between the sidewalks and parked vehicles. The existing irrigation system should be
removed/abandoned and replaced with a more efficient design. The final design should
also include a half height decorative fence to protect planted areas fioln pedestrian traffic.
Pedestrian circulation patterns from the parking lot to the sidewalk should be assessed
and pedestrian paths should be accounted for in the design. City to provide selected
consultant with topographic survey data of parking lot for use in design along with
previously developed cost estimates and scoping. Tree Commission will be consulted for
final plant material selections.
1.1.3 Definitions
For the purposes of this RFP:
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"Calendar days" means any day appearing on the calendar, whether a weekday, weekend day,
national holiday, State holiday or other day;
"Days" means calendar days;
"Business days" means calendar days, excluding Saturdays, Sundays and all City recognized
holidays.
"Agency" or "City" means City of Ashland
"Council" means City of Ashland City Council
"Manager" means Project Manager
"Owner" means City of Ashland
"Proposers" means all firms submitting proposals are referred to as proposers in this document;
after negotiations, an awarded proposer will be designated as "consultant".
"RFP" means Request for Proposal.
"Scope of Work" means the general character and range of services and supplies required to
perform the work's purpose and objectives, and an overview of the performance outcomes
expected by Agency.
"Services" means the services to be performed under the Contract.
"Statement of Work" means the specific provision in the final Contract which sets forth and
defines in detail (within the identified Scope of Work) the agreed-upon objectives, expectations,
performance standards, services, deliverables, schedule for delivery and other obligations.
1. 1.4 Contract Form
The consultant selected by City will be expected to enter into a written contract in the form
attached to this RFP as Appendix A. The proposal should indicate acceptance of City's contract
provisions. Suggested reasonable alternatives that do not substantially impair City's rights under
the contract may be submitted as outlined under Section 1.4.2. Unconditional refusal to accept
the contract provisions will result in proposal rejection.
Contract Duration - the anticipated duration of the contract is 12 months.
Contract Payment - Contingent upon City's need, consultant's performance and the
availability of approved funding, City reserves the right to amend the contract (within the
scope of the project described in this RFP) for additional tasks, project phases and
compensation as necessary to complete a particular project. Proposers are advised that the
award and potential dollar amount of the contract under this RFP will be contingent upon
approval by the Ashland City Council acting as the Contract Review Board.
Payment will be made for completion of, or acceptable monthly progress on, tasks and
deliverables in conformance with contract requirements and all applicable standards. The
method of compensation will be determined by the City and may be based upon any one
or combination of the following methods:
• Cost plus fixed-fee, up to a maximum NTE amount
• Fixed price for all services, Fixed price per deliverable, Fixed price per milestone
• Time and materials, up to a maximum NTE amount (City preferred method)
• Price per unit
DBE Participation The utilization of federal funds is not anticipated in this contract,
and no DBE participation goals will be assigned.
Ashland Living Wage Requirements - Consultant's employees must be paid at least the
living wage as established by the City of Ashland on June 30, 2014 (14.42 per hour):
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• For all hours worked under a service contract between their employer and the City
if the contract exceeds $19,825 or more.
• For all hours worked in a month if the employee spends 50% or more of the
employee's time in that month working on a project or portion of business of their
employer, if the employer has ten or more employees and has received financial
assistance for the project or business from the City in excess of $19,825.
In calculating the living wage for full time employees, employers may add the value of
health care, retirement, 401 K and IRS eligible cafeteria plans, and other benefits to the
employees' wages. The City of Ashland Living Wage Statement is appended to the
sample contract included in the appendix.
1.1.5 Business License Required
The selected consultant must have or acquire a current City of Ashland business license prior to
conducting any work under this contract.
1. 1.6 Insurance Requirements
Contractor shall at its own expense provide the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires
subject employers to provide Oregon workers' compensation coverage for all their subject
workers.
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less
than $2,000,000 for each claim, incident or occurrence. This is to cover damages caused by
error, omission or negligent acts related to the professional services to be provided under
this contract,
c. General Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 for each occurrence for bodily injury and property damage. It shall include
contractual liability coverage for the indemnity provided under this contract.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less
than $1,000,000 for each accident for bodily injury and property damage, including
coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of Cancellation or Change. There shall be no cancellation, material change,
reduction of limits or intent not to renew the insurance coverage(s) without 30 days'
written notice from the contractor or its insurer(s) to the City.
Additional Insured/Certificates of Insurance
Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and
employees as additional insurers on any insurance policies required herein but only with respect
to contractor's services to be provided under this contract. As evidence of the insurance coverage
required by this contract, the contractor must furnish acceptable insurance certificates prior to
commencing work under this contract. The certificate must specify all of the parties who are
additional insurers. The consultant's insurance must be primary and non-contributory. Insuring
companies or entities are subject to the City's acceptance. If requested, complete copies of
insurance policies; trust agreements, etc. must be provided to the City. The contractor must pay
for all pertinent deductibles, self insured retentions and/or self-insurance.
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1.2 QUESTIONS AND CLARIFICATIONS
1.2.1 Proposer Questions
All inquires, whether relating to the RFP process, administration, deadline or award, or to the
intent or technical aspects of the services must be submitted in writing to the City's Project
Manager listed in the advertisement for this proposal, at 20 East Main Street, Ashland Oregon
97520. All questions must be received not later than ten (10) calendar days prior to the proposal
submission deadline.
Answers to questions received by City, which are deemed by City to be substantive, will be
issued as official addenda to this RFP to ensure that all proposers base their proposals on the
same information. When appropriate, as determined by City in its sole discretions, revisions,
substitutions or clarification of the RFP or attached terms and conditions, an official addendum
to this RFP will be issued. The addenda may be downloaded or picked up at Community
Development, 51 Winburn Way, Ashland, Oregon. The bidder must check the website
frequently until closing. Proposer shall indicate receipt of all issued addenda by attaching a copy
of each addendum to the proposal. Any addenda will not be included in the total maximum page
limit.
Any addendum issued by the City seventy-two (72) hours or more before the scheduled closing
time for submission of proposals, Saturday, Sunday and legal holidays not included, shall be
binding proposers. Failure of any proposer to receive or obtain such addenda shall not excuse it
from compliance therewith if it is awarded the contract.
1.3 PROTESTS
1.3.1 Award Protest Re q irements
Every proposer submitting a proposal shall be notified of its selection status. Any proposer who
claims to have been adversely affected or aggrieved by the selection, or any proposer who
contends that the provisions of the RFP or any aspect of the procurement process has promoted
favoritism in the award of the contract or has substantially diminished competition, must file a
written protest to the RFP within seven (7) calendar days after the date of the selection notice.
Failure to file a protest will be deemed a waiver of any claim by an offeror that the procurement
process violates any provision of ORS Chapter 279, the City of Ashland Local Contract Review
Board Rules or the City's procedures for screening and selection of persons to perform personal
services.
1.3.2 Specification Protest Process
Delivery: A proposer must deliver a protest of specifications to the City in writing no later than
seven (7) calendar days prior to the proposal due date as follows:
Specification Protest
Proposal#: 2014-09 Downtown Beautification
City of Ashland Public Works Department
ATTN: Engineering Services Manager
20 East Main Street
Ashland, OR 97520
Content: A proposer's written protest must include:
• A detailed statement of the legal and factual grounds for the protest;
• description of the resulting prejudice to the proposer; and
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• A statement of the form of relief requested or any proposed changes to the
specifications.
City Response: The City may reject without consideration a proposer's protest after the deadline
established for submitting protest. The City shall provide notice to the applicable proposer if it
entirely rejects a protest. If the City agrees with the proposer's protest, in whole or in part, the
City shall either issue an addendum reflecting its determination or cancel the solicitation.
Extension of Closing: If the City receives a written protest from a proposer in accordance with
this rule, the City may extend closing if the City determines an extension is necessary to consider
the protest and to issue addenda, if any, to the solicitation document.
Judicial review of the City's decision relating to a specification protest shall be in accordance
with ORS 279B.405.
1.3.3 Costs and Damages
All costs of a protest shall be the responsibility of the protestor and undertaken at the protestor's
expense. City shall not be liable for the proposer's damages or costs for filing the protest or to
any participant in the protest, on any basis, express or implied.
1.4 "PASS / FAIL" PROPOSAL SUBMISSION REQUIREMENTS
Each proposal must comply with the following Pass / Fail criteria. Proposals not meeting ALL
Pass / Fail criteria shall be rejected.
1.4.1 Proposal Submission Deadline (Pass / Fail)
Proposals must be received by the submission deadline as indicated in this RFP and at the
address specified. City will not accept proposals submitted by facsimile or electronic mail, nor
will it accept proposals submitted after the proposal submission deadline. City is not responsible
for and will not accept late or mis-delivered proposals.
1.4.2 Terms and Conditions (Pass / Fail)
Unless an official addendum has modified or reserved the right to negotiate any terms contained
in the contract or exhibits thereto, City will not negotiate any term or condition after the protest
deadline, except the statement of work, pricing and calendar with the selected proposer. By
proposal submission, the selected proposer agrees to be bound by the terms and conditions set
forth in this RFP and as they may have been modified or reserved by City for negotiation. Any
proposal that is conditioned upon City's acceptance of any other terms and conditions or rights to
negotiate will be rejected.
1.4.3 Proprieta1y Information
The City is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires
the City to disclose all records generated or received in the transaction of City business, except
as expressly exempted in ORS 192.501, 192.502, or other applicable law. Examples of
exemptions that could be relevant include trade secrets (ORS 192.501 (2)) and computer
programs (ORS 192.501(15)). The City will not disclose records submitted by a proposer that
are exempt 11om disclosure under the Public Records Law, subject to the following procedures
and limitations.
The RFP in its entirety cannot be marked confidential, nor, shall any pricing be marked
confidential.
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Each page containing the records exempt from disclosure shall be marked "confidential" and
segregated in the following manner: '
• It shall be clearly marked in bulk and on each page of the confidential document.
• It shall be kept separate from the other RFP documents in a separate envelope or
package for confidential documents.
• Where this specification conflicts with other formatting and response instruction
specifications, this specification shall prevail
• If such conflict occurs, the proposer is instructed to insert the following statement
where the requested information that is deemed confidential was to have been placed:
"Refer to confidential information enclosed."
Proposers who desire that additional information be treated as confidential must mark those
pages as "confidential" and cite a specific statutory basis for the exemption and the reasons why
the public interest would be served by the confidentiality. Should a proposal be submitted as
described in this section, no portion of it can be held as confidential unless that portion is
segregated as described above.
Notwithstanding the above procedures, the City reserves the right to disclose information that the
City, in its sole discretion determines to be not exempt from disclosure or that the City is directed
to disclose by the City Attorney, the District Attorney or a court of competent jurisdiction. Prior
to disclosing such information, the City will notify the proposer. If the proposer disagrees with
the City's decision, the City may, but is not required to, enter into an agreement not to disclose
the information so long as the proposer bears the entire cost, including reasonable attorney's
fees, of any legal action, including any alternative dispute resolution and appeals, necessary to
defend or support a no-disclosure decision.
1.4.4 Laws and Regulations
The proposer is assumed to be familiar with all Federal, State, County or City laws or regulations,
which in any manner affect those engaged or employed in the work or the materials or equipment
used or which in any way affect the conduct of the work, and no pleas of misunderstanding will be
considered on account of ignorance thereof. If the proposer shall discover any provision in these
specifications or project information, plans or contract documents which is contrary to or
inconsistent with any law or regulations, they shall report it to the City of Ashland in writing.
All work performed by the contractor shall be in compliance with all Federal, State, County and
local laws, regulations and ordinances. Unless otherwise specified, the contractor shall be
responsible for applying for applicable permits and licenses.
1.5 " RE UIRED" PROPOSAL SUBMISSION ITEMS AND SCORING
DEDUCTIONS
Any items in this Section 1.5 marked as REQUIRED that are incomplete or are not submitted
with the proposal will receive a three (3) point scoring deduction for each item and must be
submitted within two (2) business days of request by City. Failure to deliver properly completed
"REQUIRED" items within two (2) business days of request by City will result in proposal
rejection.
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Proposals must follow/match the numbering outline as shown in the Scoring Criteria; Section 2.2
of this RTP. Each bullet point under each section of the Scoring Criteria must be answered
clearly and specifically. A 2- point scoring deduction will be applied in each instance where this
requirement is not met. Or, the City may, at its sole discretion, reject any proposal which (toes
not followhnatch the Scoring Criteria numbering as presented in this RFP or which does not
answer clearly and specifically each bullet point under each criteria.
1.5.1 Cover Sheet (Required)
The proposal must include a completed cover sheet signed by a duly authorized representative
empowered to bind the proposer (at least one original signature). The cover sheet shall state the
project title, the legal name of the proposer, legal status, federal tax ID number, mailing address,
primary contact person for this proposal with email address, telephone number, fax number and
the name of the person authorized to sign a contract. Include an original signature, printed name
and title and date.
1.5.2 Page Length Limitation (Required)
The proposal must not exceed four (4) pages, excluding cover sheet, any tabs or indexes and
references, and any issued addendum. Failure to include any issued addendum within the
RFP shall result in a three point scoring reduction. If a proposer submits a proposal
exceeding this limit, City will consider the pages up to that allowable number and discard all
subsequent pages.
One page is defined as: one side of a single 8 %2" x 11" page with single spacing, 12 pt. font and
1" margins. Any page over this size will be counted as two (2) pages. Any page or partial page
with substantive text, tables, graphics, charts, etc. will be counted as one page.
There is no scoring deduction for exceeding the proposal page limitation; however, extra pales
will be discarded and will not be considered in the evaluation.
1.5.3 Quantity of Proposals (Required)
Proposers must submit six (6) complete copies of the proposal and one electronic copy in Adobe
Acrobat (PDF) in the sequential order of the proposal with a separate envelope or package for
any proprietary information.
1.5.4 Minimum Proposal Contents
A. Project Narrative: The narrative must include a description of the consultant's
understanding of the project objectives.
B. Project Phasing: The project will be structured in four phases, with each phase having its
own deliverables, final acceptance, and independent not-to-exceed cost.
1. Pre-design Evaluation and Scoping
2. Design Development, Construction Documents
3. Bid Support Services
4. Construction Support Services
C. Preliminary Work Breakdown and Schedule: The Consultant shall prepare a
preliminary project work breakdown and schedule that anticipates all services
required to complete the project before June 30, 2015. The Proposal must include a
graphic Gant-chart style schedule of major work tasks with project milestones and
estimate of time required to complete each task.
1. Develop final project scope for the landscape project in conjunction with City staff
input.
2. Develop final design of projects for approval by the City Council.
3. Attend design development meetings with City staff team.
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4. Attend up to two Tree Commission meetings and two City Council meetings during
the design phase. (City Council meets the first and third Tuesday of each month. Tree
Commission meets the first Thursday of the month).
5. Prepare complete bid documents (specs, bid quantities, etc.) and assist City in the
bidding of the project. (Existing City templates may be used).
6. Facilitate Pre-Bid Conference, Pre-Construction Conference and Construction
Progress meetings. Provide agendas and detailed written minutes for all significant
meetings.
7. Provide technical assistance during bidding and construction including Requests for
Information and the review/approval of Submittals.
8. Provide Construction Management services including project inspection.
D. The Preliminary Statement of Work (SW):The Preliminary Statement of Work must outline
phases of work and the relationship of the proposed tasks to meet the objectives of the
project. It must include proposed methods of investigation, analysis, and design as
appropriate. Key elements must include:
a. An expanded outline of all work tasks
2. Detailed work schedule for each major task, including time fi•ames and durations of
each task.
3. List of all proposed sub-consultants, including their planned scope of work, key
project staff and references (contact names, phone numbers, and email addresses).
4. Description organized by task of City's anticipated role to assist in the development of
the plan. Include specific deliverables needed from the City.
E. After the winning proposal has been selected, the preliminary work breakdown and
schedule for services will be used to negotiate and prepare the final budget and scope of
services that will be submitted as the Statement of Wort-, attached to the City's standard
contract for Professional Services. Invoices requesting payment must be prepared and
sent to the City monthly. Payment will be made as a percentage of completion of each
task.
The City's fiscal year ends on June 30`h, and all work completed up to that date must be
billed no later than July 5"'. It is of particular importance that work or services rendered are
paid out of the budget for the same fiscal year in which the services are budgeted and the
service is rendered by the City. Therefore, costs associated with contractors' or
subcontractors' work or services rendered under the direction or direct or indirect control
of the proposer are also subject to the invoicing requirement listed above by June 30th of
each year By April 15't' the proUOSer must submit an estimate of anticipated billings up to
June 30fh of that year.
The proposer should assurne that there will be no opportunities to increase the total cost of
the sum of all work tasks, but that costs may be shifted from one task to another after tasks
are completed. The City's budgeting process does not provide a means to readily change
the total project budget, and proposers must assume that increases in the project budget will
not be available after the Statement of Work has been accepted. Proposers are responsible
to ensure that every effort is made to anticipate potential additional costs after project
initiation.
SECTION 2.0 - EVALUATION PROCESS AND CONSULTANT SELECTION
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2.1 EVALUATION PROCESS
The City shall select consultants as provided in ORS 279C.I10 to provide services on the basis
of the consultant's qualifications for the type of professional service required.
Proposer will be selected in a manner to accommodate the Department's scope and
schedule and budget objectives for a particular project. Screening and selection
procedures may include considering each candidate's:
I . Specialized experience, capabilities and technical competence, which the candidate may
demonstrate with the candidate's proposed approach and methodology to meet the project
requirements;
2. Resources committed to perform the work and the proportion of the time that the
candidate's staff would spend on the project, including time for specialized services,
within the applicable time limits;
3. Record of past performance, including but not limited to price and cost data from
previous projects, quality of work, ability to meet schedules, cost control and contract
administration;
4. Ownership status and employment practices regarding minority, women and emerging
small businesses or historically underutilized businesses;
5. Availability to the project locale;
6. Familiarity with the project locale; and
7. Proposed project management techniques.
a) If the screening and selection procedures a Department creates under subsection
A.4.a) result in the Department's determination that two or more candidates are
equally qualified, the Department may select a candidate through any process the
Department adopts that is not based on the candidate's pricing policies, proposals or
other pricing information.
b) The Department and the selected candidate shall mutually discuss and refine the
scope of services for the project and shall negotiate conditions, including but not
limited to compensation level and performance schedule, based on the scope of
services. The compensation level paid must be reasonable and fair to the Department
as determined solely by the Department.
c) If the Department and the selected candidate are unable for any reason to negotiate a
contract at a compensation level that is reasonable and fair to the Department, the
Department shall, either orally or in writing, formally terminate negotiations with the
selected candidate. The Department may then negotiate with the next most qualified
candidate. The negotiation process may continue in this manner through successive
candidates until an agreement is reached or the Department terminates the consultant
contracting process.
2.1.1 Proposal Evaluation
City will review proposals for conformance with the "Pass / Fail" and "REQUIRED" criteria
identified in Sections 1.4 and L5. Proposals meeting all Pass / Fail criteria will be forwarded to
an evaluation committee that will independently review, score and rank proposals according to
the scoring criteria set forth in Section 2.2.
The outcome of the evaluation process may, at the. City's sole discretion result in:
a) Notice to proposers of selection or rejection for contract negotiations and possible
award;
b) Further steps to gather additional information for evaluation (e.g. checking
references, notice of placement on an interview list, requesting clarification); or
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c) Cancellation of the RFP and either reissuance of the RFP in the same or a revised
form or no further action by the City with respect to the RFP.
City may reject any or all proposals and may cancel this RFP at anytime if doing either would be
in the public interest as determined by the City. City is not liable for any costs a proposer incurs
while preparing or presenting the proposal or during further evaluation stages. All proposals will
become part of the public record file without obligation to the City of Ashland.
2.1.2 Interviews / Follow-up Questions
A process of interviews and/or follow-up questions may be conducted and scored at the
discretion of the City. If an interview/follow-up process is conducted, the following will apply:
• The City may, at its discretion, conduct an interview/follow-up process with those
proposers it considers to be possibly best qualified to perform the potential Scope of
Services. The City may conduct more than one interview. The number of proposers
selected for the interview/follow-up process is at the discretion of the City.
o Interviews will require physical attendance at City's offices. All sub-consultants
requested by the City must also attend the interview(s)
o Follow-up questions (if developed) will typically be sent via email to proposer(s).
Written answers to any follow up questions must be returned within 14calendar
days of date of mailing. An e-mail confirmation of receipt of any follow-up
questions shall be sent by the consultant to the City's Project Manager.
• A minimum of three (3) evaluators will score the interviews/follow-up questions.
• The interviews/follow-up questions will have a maximum score of ten (10) points per
evaluator.
• An additional three (3) points will be awarded to the No. 1 ranked proposer based upon
the evaluation of the initially submitted RFP's. An additional two (2) points will be
awarded to the proposer ranked No. 2; unless the point spread between the No. 1 and No.
2 ranked proposers is greater than ten (10) points. In this case; no additional points will
be given to the No. 2 proposer. No additional points will be awarded to proposers ranked
below No. 2 and chosen to be part of the interview/follow-up process.
2.1.3 References
City does not intend to score references, but may contact references (by phone, email or fax) to
verify information provided in proposals.
2.1.4 Clarifications
City may require any clarification it needs to understand a proposer's proposal. Any necessary
clarifications or modifications which are in the best interest of City may be made before the
proposer is awarded a contract and some or all of the clarifications or modifications may become
part of the final contract. Clarifications may not be used to rehabilitate a non-responsive
proposal.
2.1.5 Non-resident Proposer
In determining the most responsive proposer, City shall, for the purpose of awarding the
contract, add a percent increase to the score of a non-resident proposer equal to the percent, if
any of the preference given to the score in the state in which the proposer resides. "Resident
proposer" of Oregon means a proposer that has paid unemployment taxes or income taxes in this
state during the 12 calendar months immediately preceding submission of the proposal, has a
business address in this state and has stated in the proposal that the proposer is a "resident
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proposer" of the State of Oregon. The undersigned represents him/her self in this proposal to be
either a Resident or a Nonresident proposer by completing the appropriate blank below.
• The proposer is or is not a resident proposer as defined in ORS 279A.120
2.2 SCORING CRITERIA
Scoring will be based upon the following described categories. The proposer must describe how
each of the requirements specified in this RFP are met. Responses must be clear and concise.
2.2.1 Demonstrate Technical Competence Maximum Score 15 points
Demonstrate a clear and concise understanding of the scope of services being requested in this
RFP and summarize the approach and methodology proposed to meet the project requirements.
2.2.2 Proposer's Specialized Experience and Capabilities Maximum Score 30 points
Demonstrate capability to complete the requested scrvices. Response must include:
(15 points) Describe the experience and qualifications of proposed staff and project manager(s),
(whether they are from the prime or a sub-consultant). Include descriptions of similar projects,
project outcomes and customer feedback received (if any).
(7.5 Points) Describe how you would provide the most technically advanced specialized
technical services readily for aspects of the project which call for specialized experience.
(7.5 points) Describe any specialties or unique strengths that relate to the services requested in
this RFP.
2.2.3 Resources Committed and Past Performance Maximum Score 25 points
Demonstrate proposer's resources available to be allocated for the proposed scope of services.
• (10 points) Describe the extent of involvement of consultant's Principal(s).
• (15 points) Provide a breakdown of recently completed, related projects including:
proposed landscape architectural services cost for listed projects, associated construction
cost and change orders cost if any for listed projects.
2.2.4 Project Management Techniques Maximum Score 15 points
• (7.5 points) Describe the lead manager's process for ensuring completion on schedule and
within the allocated budget. Describe your process for coordinating the work of
consultants and agency staff. In addition, describe your approach for minimizing errors
and omissions during the Construction Documents and Construction Administration (CA)
phases. How does the landscape architectural firm compensate the owner for design
errors/omissions uncovered after commencing construction?
• (7.5 points)Describe the quality control methods to be employed by the Design Team
during construction to ensure a facility that meets the design intent. Indicate the roles of
identified key personnel during the CA phase. Describe your system for managing
construction change issues during CA.
2.2.5 Cost of Services Maximum Score 15 points
In an attached sealed envelope, provide a summary of proposed costs including:
• Proposed project budget
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• Professional, technical, draftsperson, other professional I sub-professional rate(s);
• Direct non-labor costs that might be applicable;
Criteria - - - - Max. Score
2.2.1. Demonstrated Technical Competence 15
2.2.2 Specialized Experience & Capabilities 30
2.23 Resources Committed to Perform the Work 25
2.2.5 Project Management Techniques 15
I
2.26 Cost of Services 15
TO'T'AL 100 Points
2.3 AWARD PROCESS
2.3 .1 Negotiations
Following the evaluation process, The City will begin contract negotiations with the highest
ranked Proposer. The matters subject to negotiation shall be limited to the following:
1. Comprehensive Scope of Services and Statement of Work;
2. The proposer's personnel committed to the Project: Changes in staff assigned to the
project in original proposal will require City approval; (may result in rejection)
3. Project Schedule;
4. Professional fees, including reimbursable expenses;
5. Agreement to contract terms.
23.2 Action upon Failure to Execute Contract
In the event that a contract cannot be negotiated with the highest ranked proposer, negotiations
will be permanently discontinued, and the City will start contract negotiations with the next
highest ranked proposer. Nothing in this RFP shall restrict or prohibit the City from canceling
the solicitation at any time.
2.3.3 Notice of Intent to Award
Based on successful negotiations with the highest ranked proposer, the City will issue a Notice
of Intent to Award a contract.
2.3.4 Evaluation Record
A record will be made of all criteria evaluation ratings and all other grounds upon which
selection of the proposer is made. The final evaluation record will be available upon written
request.
2.3.5 Right to Protest
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An adversely affected or aggrieved Responsive proposer must exhaust all avenues of admin-
istrative review and relief before seeking judicial review of the City's selection or Contract
award decision.
1. Protest of Proposal Specifications: A proposer who believes the proposal scope of
work or specifications are unnecessarily restrictive or limit competition may submit a
protest, in writing, to the Project Manager. To be considered, protests must be received at
least five (5) days before the proposal closing date. Envelopes containing protests should
be marked as follows:
Proposal Specification Protest
Proposal Title
Closing Date and Time
2. Protest of Award: The award by the City shall constitute a final decision of the City
to award the contract if no written protest of the award is filed with the City within seven
(7) calendar days of the Notice of Intent to Award. The written protest shall specify the
grounds upon which the protest is based. In order to be an adversely affected proposer
with a right to submit a written protest, a proposer must be next in line for award. The
City will not entertain a protest submitted after the time period established in this rule.
2.3.6 Award
The City Council will consider award of the contract based on the Project Manager's
recommendation and will authorize the Manager to execute a contract. The contract will be
awarded to the proposer who, in the opinion of the City, is the most qualified and meets all
required specifications. The City may reject any proposals not in compliance with all prescribed
public procurement procedures and requirements and may reject for good cause, any and all
proposals upon a finding by the City that it is in the public interest to do so. The City also
reserves the right to waive any informality in any proposal and to delete certain items listed in
the proposal as set forth herein.
SECTION 3.0 - SCOPE OF SERVICES
3.1 GENERAL REQUIREMENTS
3. 1.1 Personnel, Materials & Equipment: The Consultant must provide qualified and competent
personnel and shall furnish all supplies, equipment, tools and incidentals required to accomplish
the work. All materials and supplies shall be of good quality and suitable for the assigned work.
3.1.2 Safety Equipment: The Consultant shall provide and use all safety equipment including,
but not limited to hard hats,, safety vests and clothing required by State and Federal regulations
and Department policies and procedures.
3.1.3 Professional Responsibilities: The Consultant must perform the work using the standards of
care, skill and diligence normally provided by a professional in the performance of such services
in respect to similar work, and must comply with all applicable codes and standards. Complete
and accurate design is the sole responsibility of the consultant. Consultant must verify any
information it acquires and utilizes in its design. Consultant is not entitled to rely on the
accuracy and cox leteness of information provided by Owner, Owner's consultants and
contractors, and information from public records. Any drawings and specifications provided
will be developed with appropriate input from City staff. However, the City assumes no
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responsibility in performing QA/QC of the Consultant's scope of services including, but not
limited to, the preparation of construction drawings and specifications. In addition to design,
construction plans must include traffic control plans as well as erosion controls plans and
provisions meeting all governmental agency requirements having jurisdiction over this project.
3.1.4 Project Management:
The Consultant and the City staff will meet as required during project duration. The objectives
of the meeting will include reviewing the scope, budget, schedule and deliverables.
The Consultant will be responsible to:
1. Organize and manage consultant project team and coordinate with city project manager and
City staff.
2. Prepare monthly invoices and progress reports including the following:
• Work Completed during the Month by work task as a percentage of completion.
• Needs for Additional Information, Reviews, or Changes to the Scope of Work.
• Scope, Schedule, and Budget Issues and Changes.
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APpe~d,X P
Contract for PERSONAL SERVICES less than $35,000
CITY OF CONSULTANT:
ASHLAND CONTACT:
20 East Main Street
Ashland, Oregon 97520 ADDRESS:
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE:
DATE AGREEMENT PREPARED: FAX:
BEGINNING DATE: COMPLETION DATE:
COMPENSATION:
SERVICES TO BE PROVIDED:
ADDITIONAL TERMS:
In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take
precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a
manner that will not conflict with the said primary City of Ashland Contract.
i
FINDINGS:
Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and
determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor
resources to perform the services; (3) the statement of work represents the department's plan for utilization of such
personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient
to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints
provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein
is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings ! Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely
terminated, payments will be made for work completed and accepted to date of termination.
6, Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $20,142.20 or more, Consultant is required to comply
with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any Subcontractor who performs 50% or more of the service work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not
limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services
attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
10. Termination:
Contract for Personal Services, Revised 07/08/2014, Page 1 of 5
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
G. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
cover damages caused by error, omission or negligent acts related to the professional services to be provided
under this contract.
C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired or non-owned vehicles, as applicable.
Contract for Personal Services, Revised 07108/2014, Page 2 of 5
e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and
non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish
acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of
the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If
requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The
Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-
insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference.
Consultant: City of Ashland
By By
Signature Department Head
Print Name Print Name
Title Date
W-9 One copy of a W-9 is to be submitted with
the signed contract. Purchase Order No.
Contract for Personal Services, Revised 07/08/2014, Page 3 of 5
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be
issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from
backup withholding or (ii) if has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
criteria:
(1) 1 carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one
year.
(6) 1 assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided,
Contractor (Date)
Contract for Personal Services, Revised 07/08/2014, Page 4 of 5
CITY • OREGON
EXHIBIT B
City of Ashland
LIVING
WAGE
. 1 per hour effective June 30, 2014
(Increases annually every June 30 by the
Consumer PriceIndex)
portion of business of their 401 K and IRS eligible
- employer, if the employer has cafeteria plans (including
ten or more employees, and childcare) benefits to the
has received financial amount of wages received by
assistance for the project or the employee.
➢ For all hours worked under a business from the City of
service contract between their Ashland in excess of ➢ Note: "Employee" does not
employer and the City of $20,142.20. include temporary or part-time
Ashland if the contract employees hired for less than
exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve-
Ashland including the Parks month period. For more
➢ For all hours worked in a and Recreation Department. details on applicability of this
month if the employee spends policy, please see Ashland
50% or more of the ➢ In calculating the living wage, Municipal Code Section
employee's time in that month employers may add the value 3.12.020.
working on a project or of health care, retirement,
~;For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall,
20 East Main Street, Ashland, OR 97520 or visit the city's website at www,ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
CITY OF
ASHLAND
Contract for Personal Services, Revised 07/08/2014, Page 5 of 5
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REQUEST
FOR
PROPOSALS
Winburn Way Planter and Pioneer St. Triangle
Hardscape & Landscape Improvements
PROJECT NO: 2014-09
PROJECT TYPE: Professional Landscape
Architectural Services
PROPOSAL OPENING DATE:
2:00 PM, November 201 2014
CITY PROJECT MANAGER Scott A. Fleury
CONTRACT DURATION 12 months
~r
CITY OF
-ASHLAND
PUBLIC WORKS ENGINEERING
20 E. MAIN STREET
ASHLAND OR 97520
5411488-5347
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Winburn_Pioneer Triangle (2).doc
TABLE OF CONTENTS
- - - -
Table of Contents 1
Advertisement 3
- - -
Section 1 Request for Proposals 4
_ . _ - - . _ .
1.1 Solicitation Information and Requirements 4
- - _ - .
1.1.1 Overview 4
1.1.2 Background 4
1.1.3 Definitions 4
1.1.4 _Contract Form 5
Contract Duration 5
- - - -
Contract Payment 5
. _
DBE ParticiRation _ - 5
Ashland Living Wage Requirement 5
_ _
1 1 5 Business License Requirements 6
_1.1.6 Insurance Requirements 6
1.2 Questions and Clarifications 6
- _ _ _
_ 1.2.1 Proposer Questions „
- - _ -
1.3 Protests 7
_ -
_ 1_3.1 Award Protest Requnements _,7.__
1 3 2 Specification Protest Process _ 7
- -
1 3.3 Costs and Damages „ 8
- - _ _ - - - _ .
1.4 Pass/Fail Proposal Submission Requirements 8
_ _
1 4.1 Proposal Submission Deadline 8
_ _ _
1.4.2 Terms and Conditions 8
1.4.3 Pro rietar Information 8
_...-----------._._1?_.._ Y .
1.4.4 Laws and Re ulations ----.---.-----_._.___......_._._._g .
- g - - -
1^5 "Required Pt_oPosal Submission Items___-.__.------...-.-.-----....----_-....__.___._-._.----.----_--_-_ .-----_._........_..__.....-___9--
1.5.1 Cover Sheet 9
_.._......__..a.•5.2 Page Length Limitation ____...___.....__.___._-........---.__.._......-____l~_._
1.5.3 Quantity of Proposals- _ 10
_ _
1.5.4 Minimum Pr o_posal Contents 10
Section 2 - Evaluation Process and Consultant Selection 11
2.1 Evaluation Process 11
_ _ -
2 1 1 Proposal Evaluation 12
2 1.2 Interviews / Follow up Questions 12
_ _ - - - -
2.1.3 References 12
- - - - -
2.1.4 Clarifications 12
2 l 5 Non-Resident Pro oser 13
-1? _ _ . _
2.2 Scoring Criteria 13 .
2.2.1 Technical Com etence 13
2.2.2 Specialized Experience and Capabilities 13
2.2.3 Resources and Past Performance 13
_-_2 2 4 Proiect Management Techniques _ I4
2.2.5 Cost of Services 14
_ - - -
2.3 Award Process 15
_ _
2.3.1 Negotiations 15
- - _
2.3.2 Failure to Execute Contract 15
- _
2.3.3 Notice of Intent to Award 15
- - -
2.3.4 Evaluation Record 15
2.3.5 Right to Protest 15
2.3.6 Award 16
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1
i
I
Section 3_ Scope of Services- - ._.__....__.6-__
3.11 General Requirements 16
3. 1.1 Personnel Materials and Equipment, Safety Equipment, Professional Duties _ 16
3 1 2 Safety Equipment --...T -
16
..........3..1.3--Professional Responsibilities.. _
------......._.__...-._._-........_---~G__
3 1 4 Project Management 16
Appendix A: Contract Form Including Exhibit A, Form W-9 and City Of Ashland Living Wage
Appendix B: Project Site Overview Maps and Photographs
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ADVERTISEMENT
CITY OF ASHLAND PUBLIC WORKS - REQUEST FOR PROPOSAL
PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES
The City of Ashland is requesting proposals for professional landscape architectural services for
the design and construction documentation of two projects. Winburn Way/N. Main Planter
and Lithia Way/Pioneer St. triangle. Reference exhibit B for site map locations and
photographs.
The project will include but is not limited to the following activities:
• Development comprehensive project scope.
• Design of functional landscape and hadscape improvements.
• Attend public meetings with the Tree Commission and City Council
• Preparation of appropriate construction documents
• Facilitate as necessary Pre-Bid, Pre-Construction, and Construction Progress meetings
and provide meeting minutes as necessary
• Provide technical assistance during bidding and construction
• Provide Construction Management and Inspection Services as necessary
Proposals must be physically received by 2:00 PM, November 20, 2014, in the City of Ashland
Engineering Office located at 51 Winburn Way, Ashland OR 97520 or by mail at 20 E. Main
Street, Ashland, OR 97520. For further information, contact Scott A. Fleury, Engineering
Services Manager at 541/552-2414, or by email at fleurys@ashland.or.us. Consultant"selection
is anticipated to result in the issuance of a contract for landscape architectural services in the
form provided in this RFP, for a duration anticipated to be no more than 12 months.
Proposal documents are available at the above address, as well as the City of Ashland website at
www.ashland.or.us. Any addenda may be downloaded or picked up at Community
Development, 51 Winburn Way, Ashland, Oregon. The bidder must check the website
frequently until closing for any addenda that may be issued. All submittals by the proposer
must be in hard copy form. Proposals are limited to four (4) pages. The proposer must be
registered as a Professional Engineer with the State of Oregon. Consultant selection will be
based upon weighted criteria as cited in the Request for Proposal document. Standard selection
criteria include, but are not limited to: experience, availability, schedule, and response time.
The City of Ashland reserves the right to reject any and all proposals, to waive formalities or to
accept any proposal which appears to serve the best interest of the City of Ashland.
Dave Kanner, City Administrator
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CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSAL
WINBURN WAY/N. MAIN PLANTER
LITHIA WAY/PIONEER ST. TRIANGLE
SECTION 1- REQUEST FOR PROPOSALS
1.1: SOLICITATION INFORMATION AND REQUIREMENTS
1.1.1 Overview
The City of Ashland is looking for professional landscape architectural services to provide plans,
specifications and estimates (PS&E) along with construction documentation for two landscape
and hardscape improvements within the City of Ashland downtown corridor.
The City of Ashland receives a transient occupancy tax that is allowed to be used on capital
improvement projects for tourism-related facilities or intended to support tourism-related
activities. Specific capital projects within the downtown corridor of Ashland have been identified
for improvement. The two projects identified within this RFP are priority improvement projects
for the Ashland City Council.
1.1.2 Background
In March of 2014, The City of Ashland Council approved formation of a Downtown
Beautification Committee to analyze and recommend specific projects within the downtown
corridor for improvement. Over ten meetings the Committee discussed improvement projects,
solicited public input and made a final recommendation to Council for priority projects to
proceed forward with based on available funding and preliminary cost estimates. The priority
project list was approved by the City Council on September 2, 2014. Projects are expected to be
designed and constructed by summer of 2015.
Winburn Way/N. Main Planter Project Goals:
Remove the multi-angled seat wall and replace with a single straight wall and add
appropriate irrigation and plants to the planter. Strict care should be taken to protect
existing cedar tree and maintain pedestrian flow while allowing for appropriate seating.
Also to be incorporated into the final design is the City's plan to relocated the existing
curb line and ramp to provide a safer pedestrian crossing. Existing pedestrian light
to be relocated to approved area near new curb line. City to provide selected
consultant with topographic survey data of planter area for use in design. Tree
Commission will be consulted for final plant material selections.
Lithia Way/Pioneer St. Triangle Project Goals:
This odd shaped piece of City owned property has a number of issues including raised
sidewalks due to tree roots, ADA access concerns, irrigation challenges and awkward
elevation changes along with a mixture of materials. The project calls for creating a
cohesive look with the existing public art piece by standardizing materials.
Additional concrete work outside of project area is to be expected and incorporated into
final design. City to provide selected consultant with topographic survey data of area for
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use in design along with previously developed cost estimates and seoping. Tree
Commission will be consulted for final plant material selections.
1.1.3 Definitions
For the purposes of this RFP:
"Calendar days" means any day appearing on the calendar, whether a weekday, weekend day,
national holiday, State holiday or other day;
"Days" means calendar days;
"Business days" means calendar days, excluding Saturdays, Sundays and all City recognized
holidays.
"Agency" or "City" means City of Ashland
"Council" means City of Ashland City Council
"Manager" means Project Manager
"Owner" means City of Ashland
"Proposers" means all firms submitting proposals are referred to as proposers in this document;
after negotiations, an awarded proposer will be designated as "consultant".
"RFP" means Request for Proposal.
"Scope of Work" means the general character and range of services and supplies required to
perform the work's purpose and objectives, and an overview of the performance outcomes
expected by Agency.
"Services" means the services to be performed under the Contract.
"Statement of Work" means the specific provision in the final Contract which sets forth and
defines in detail (within the identified Scope of Work) the agreed-upon objectives, expectations,
performance standards, services, deliverables, schedule for delivery and other obligations.
1. 1.4 Contract Form
The consultant selected by City will be expected to enter into a written contract in the form
attached to this RFP as Appendix A. The proposal should indicate acceptance of City's contract
provisions. Suggested reasonable alternatives that do not substantially impair City's rights under
the contract may be submitted as outlined under Section 1.4.2. Unconditional refusal to accept
the contract provisions will result in proposal rejection.
Contract Duration - the anticipated duration of the contract is 12 months.
Contract Payment - Contingent upon City's need, consultant's performance and the
availability of approved funding, City reserves the right to amend the contract (within the
scope of the project described in this RFP) for additional tasks, project phases and
compensation as necessary to complete a particular project. Proposers are advised that the
award and potential dollar amount of the contract under this RFP will be contingent upon
approval by the Ashland City Council acting as the Contract Review Board.
Payment will be made for completion of, or acceptable monthly progress on, tasks and
deliverables in conformance with contract requirements and all applicable standards. The
method of compensation will be determined by the City and may be based upon any one
or combination of the following methods:
• Cost plus fixed-fee, up to a maximum NTE amount
• Fixed price for all services, Fixed price per deliverable, Fixed price per milestone
• Time and materials, up to a maximum NTE amount (City preferred method)
• Price per unit
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DBE Participation - The utilization of federal funds is not anticipated in this contract,
and no DBE participation goals will be assigned.
Ashland Living Wage Requirements - Consultant's employees must be paid at least the
living wage as established by the City of Ashland on June 30, 2014 (14.42 per hour):
• For all hours worked under a service contract between their employer and the City
if the contract exceeds $19,825 or more.
• For all hours worked in a month if the employee spends 50% or more of the
employee's time in that month working on a project or portion of business of their
employer, if the employer has ten or more employees and has received financial
assistance for the project or business from the City in excess of $19,825.
In calculating the living wage for full time employees, employers may add the value of
health care, retirement, 401K and IRS eligible cafeteria plans, and other benefits to the
employees' wages. The City of Ashland Living Wage Statement is appended to the
sample contract included in the appendix.
1. 1.5 Business License Required
The selected consultant must have or acquire a current City of Ashland business license prior to
conducting any work under this contract.
1.1.6 Insurance Requirements
Contractor shall at its own expense provide the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires
subject employers to provide Oregon workers' compensation coverage for all their subject
workers.
b. Professional Liability- insurance with a combined single limit, or the equivalent, of not less
than $2,000,000 for each claim, incident or occurrence. This is to cover damages caused by
error, omission or negligent acts related to the professional services to be provided under
this contract.
c. General Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 for each occurrence for bodily injury and property damage. It shall include
contractual liability coverage for the indemnity provided under this contract.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less
than $1,000,000 for each accident for bodily injury and property damage, including
coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of Cancellation or Chans4e. There shall be no cancellation, material change,
reduction of limits or intent not to renew the insurance coverage(s) without 30 days'
written notice from the contractor or its insurer(s) to the City.
Additional Insured/Certificates of Insurance
Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and
employees as additional insurers on any insurance policies required herein but only with respect
to contractor's services to be provided under this contract. As evidence of the insurance coverage
required by this contract, the contractor must furnish acceptable insurance certificates prior to
commencing work under this contract. The certificate must specify all of the parties who are
additional insurers. The consultant's insurance must be primary and non-contributory. Insuring
companies or entities are subject to the City's acceptance. If requested, complete copies of
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insurance policies; trust agreements, etc. must be provided to the City. The contractor must pay
for all pertinent deductibles, self-insured retentions and/or self-insurance.
1.2 QUESTIONS AND CLARIFICATIONS
1.2.1 Proposer Questions
All inquires, whether relating to the RFP process, administration, deadline or award, or to the
intent or technical aspects of the services must be submitted in writing to the City's Project
Manager listed in the advertisement for this proposal, at 20 East Main Street, Ashland Oregon
97520. All questions must be received not later than ten (10) calendar days prior to the proposal
submission deadline.
Answers to questions received by City, which are deemed by City to be substantive, will be
issued as official addenda to this RFP to ensure that all proposers base their proposals on the
same information. When appropriate, as determined by City in its sole discretions, revisions,
substitutions or clarification of the RFP or attached terms and conditions, an official addendum
to this RFP will be issued. The addenda may be downloaded or picked up at Community
Development, 51 Winbiu-n Way, Ashland, Oregon. The bidder roust check the website
frequently until closing. Proposer shall indicate receipt of all issued addenda by attaching a copy +
of each addendum to the proposal. Any addenda will not be included in the total maximum page
limit.
Any addendum issued by the City seventy-two (72) hours or more before the scheduled closing
time for submission of proposals, Saturday, Sunday and legal holidays not included, shalt be
binding proposers. Failure of any proposer to receive or obtain such addenda shall not excuse it
from compliance therewith if it is awarded the contract.
1.3 PROTESTS
1.3.1 Award Protest Requirements
Every proposer submitting a proposal shall be notified of its selection status. Any proposer who
claims to have been adversely affected or aggrieved by the selection, or any proposer who
contends that the provisions of the RFP or any aspect of the procurement process has promoted
favoritism in the award of the contract or has substantially diminished competition, must file a
written protest to the RFP within seven (7) calendar days after the date of the selection notice.
Failure to file a protest will be deemed a waiver of any claim by an offeror that the procurement
process violates any provision of ORS Chapter 279, the City of Ashland Local Contract Review
Board Rules or the City's procedures for screening and selection of persons to perform personal
services.
1.3.2 Specification Protest Process
Delivery: A proposer must deliver a protest of specifications to the City in writing no later than
seven (7) calendar days prior to the proposal due date as follows:
Specification Protest
Proposal#: 2014-09 Downtown Beautification
City of Ashland Public Works Department
ATTN: Engineering Services Manager
20 East Main Street
Ashland, OR 97520
Content: A proposer's written protest must include:
• A detailed statement of the legal and factual grounds for the protest;
• description of the resulting prejudice to the proposer; and
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• A statement of the form of relief requested or any proposed changes to the
specifications.
City Response: The City may reject without consideration a proposer's protest after the deadline
established for submitting protest. The City shall provide notice to the applicable proposer if it
entirely rejects a protest. If the City agrees with the proposer's protest, in whole or in part, the
City shall either issue an addendum reflecting its determination or cancel the solicitation.
Extension of Closing: If the City receives a written protest from a proposer in accordance with
this rule, the City may extend closing if the City determines an extension is necessary to consider I
the protest and to issue addenda, if any, to the solicitation document.
Judicial review of the City's decision relating to a specification protest shall be in accordance
with ORS 279BA05.
1.3.3 Costs and Damages
All costs of a protest shall be the responsibility of the protestor and undertaken at the protestor's
expense. City shall not be liable for the proposer's damages or costs for filing the protest or to
any participant in the protest, on any basis, express or implied.
1.4 "PASS / FAIL" PROPOSAL SUBMISSION REQUIREMENTS
Each proposal must comply with the following Pass / Fail criteria. Proposals not meeting ALL
Pass / Fail criteria shall be rejected.
1.4.1 Proposal Submission Deadline Pass / Fail)
Proposals must be received by the submission deadline as indicated in this RFP and at the
address specified. City will not accept proposals submitted by facsimile or electronic mail, nor
will it accept proposals submitted after the proposal submission deadline. City is not responsible
for and will not accept late or mis-delivered proposals.
1.4.2 Terms and Conditions (Pass / _Fail)
Unless an official addendum has modified or reserved the right to negotiate any terms contained
in the contract or exhibits thereto, City will not negotiate any term or condition after the protest
deadline, except the statement of work, pricing and calendar with the selected proposer. By
proposal submission, the selected proposer agrees to be bound by the terms and conditions set
forth in this RFP and as they may have been modified or reserved by City for negotiation. Any
proposal that is conditioned upon City's acceptance of any other terms and conditions or rights to
negotiate will be rejected.
1.4.3 Proprietary Information
The City is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires
the City to disclose all records generated or received in the transaction of City business, except
as expressly exempted in ORS 192.501, 192.502, or other applicable law. Examples of
exemptions that could be relevant include trade secrets (ORS 192.501 (2)) and computer
programs (ORS 192.501(15)). The City will not disclose records submitted by a proposer that
are exempt from disclosure under the Public Records Law, subject to the following procedures
and limitations.
The RFP in its entirety cannot be marked confidential, nor, shall any pricing be marked
confidential.
Each page containing the records exempt from disclosure shall be marked "confidential" and
segregated in the following manner:
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• It shall be clearly marked in bulk and on each page of the confidential document.
• It shall be kept separate from the other RFP documents in a separate envelope or
package for confidential documents.
• Where this specification conflicts with other formatting and response instruction
specifications, this specification shall prevail
• If such conflict occurs, the proposer is instructed to insert the following statement
where the requested information that is deemed confidential was to have been placed:
"Refer to confidential information enclosed."
Proposers who desire that additional information be treated as confidential must mark those
pages as "confidential" and cite a specific statutory basis for the exemption and the reasons why
the public interest would be served by the confidentiality. Should a proposal be submitted as
described in this section, no portion of it can be held as confidential unless that portion is
segregated as described above.
Notwithstanding the above procedures, the City reserves the right to disclose information that the
City, in its sole discretion determines to be not exempt from disclosure or that the City is directed
to disclose by the City Attorney, the District Attorney or a court of competent jurisdiction. Prior
to disclosing such information, the City will notify the proposer. If the proposer disagrees with
the City's decision, the City may, but is not required to, enter into an agreement not to disclose
the information so long as the proposer bears the entire cost, including reasonable attorney's
fees, of any legal action, including any alternative dispute resolution and appeals, necessary to
defend or support a no-disclosure decision.
1.4.4 Laws and Regulations
The proposer is assumed to be familiar with all Federal, State, County or City laws or regulations,
which in any manner affect those engaged or employed in the work or the materials or equipment
used or which in any way affect the conduct of the work, and no pleas of misunderstanding will be
considered on account of ignorance thereof. If the proposer shall discover any provision in these
specifications or project information, plans or contract documents which is contrary to or
inconsistent with any law or regulations, they shall report it to the City of Ashland in writing.
All work performed by the contractor shall be in compliance with all Federal, State, County and
local laws, regulations and ordinances. Unless otherwise specified, the contractor shall be
responsible for applying for applicable permits and licenses.
1.5 " REQUIRED" PROPOSAL SUBMISSION ITEMS AND SCORING
DEDUCTIONS
Any items in this Section 1.5 marked as REQUIRED that are incomplete or are not submitted
with the proposal will receive a three (3) point scoring deduction for each item and must be
submitted within two (2) business days of request by City. Failure to deliver properly completed
"REQUIRED" items within two (2) business days of request by City will result in proposal
rejection.
Proposals must follow/match the numbering outline as shown in the Scoring Criteria; Section 2.2
of this RFP. Each bullet point under each section of the Scoring Criteria must be answered
clearly and specifically. A 2- point scoring deduction will be applied in each instance where this
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requirement is not met. Or, the City may, at its sole discretion, reiect any proposal which does
notfollow/match the Scoring Criteria numbering as presented in this RFP or which does not
answer clearly and specifically each bullet point under each criteria.
1.5.1 Cover Sheet (Required)
The proposal must include a completed cover sheet signed by a duly authorized representative
empowered to bind the proposer (at least one original signature). The cover sheet shall state the
i
project title, the legal name of the proposer, legal status, federal tax ID number, mailing address,
primary contact person for this proposal with email address, telephone number, fax number and
the name of the person authorized to sign a contract. Include an original signature, printed name
and title and date.
1.5.2 Page Length Limitation (Required)
The proposal must not exceed four (4) pages, excluding cover sheet, any tabs or indexes and
references, and any issued addendum. Failure to include any issued addendum within the
RFP shall result in a three point scoring reduction. If a proposer submits a proposal
exceeding this limit, City will consider the pages up to that allowable number and discard all
subsequent pages.
One page is defined as: one side of a single 8 '/2" x 11" page with single spacing, 12 pt, font and
V margins. Any page over this size will be counted as two (2) pages. Any page or partial page
with substantive text, tables, graphics, charts, etc. will be counted as one page.
There is no scoring deduction for exceeding the proposal page limitation; however, extra pages
will be discarded and will not be considered in the evaluation.
1.5.3 Quantity.of Proposals (Required)
Proposers must submit six (6) complete copies of the proposal and one electronic copy in Adobe
Acrobat (PDF) in the sequential order of the proposal with a separate envelope or package for
any proprietary information.
1.5.4 Minimum Proposal Contents
A. Project Narrative: The narrative must include a description of the consultant's
understanding of the project objectives.
B. Project Phasing: The project will be structured in four phases, with each phase having its
own deliverables, final acceptance, and independent not-to-exceed cost.
1. Pre-design Evaluation and Scoping
2. Design Development, Construction Documents
3. Bid Support Services
4. Construction Support Services
C. Preliminary Work Breakdown and Schedule: The Consultant shall prepare a
preliminary project work breakdown and schedule that anticipates all services
required to complete the project before June 30, 2015. The Proposal must include a
graphic Gant-chart style schedule of major work tasks with project milestones and
estimate of time required to complete each task.
1. Develop final project scope for the landscape/hardscape projects in conjunction with
City staff input.
2. Develop final design of projects for approval by the City Council.
3. Attend design development meetings with City staff team.
4. Attend up to two Tree Commission meetings and two City Council meetings during
the design phase. (City Council meets the first and third Tuesday of each month. Tree
Commission meets the first Thursday of the month).
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5. Prepare complete bid documents (specs, bid quantities, etc.) and assist City in the
bidding of the project. (Existing City templates may be used).
6. Facilitate Pre-Bid Conference, Pre-Construction Conference and Construction
Progress meetings. Provide agendas and detailed written minutes for all significant
meetings.
7. Provide technical assistance during bidding and construction including Requests for
Information and the review/approval of Submittals.
8. Provide Construction Management services including project inspection.
D. The Preliminary Statement of Work (SW):The Preliminary Statement of Work must outline
phases of work and the relationship of the proposed tasks to meet the objectives of the
project. It must include proposed methods of investigation, analysis, and design as
appropriate. Key elements must include:
1. An expanded outline of all work tasks
2. Detailed work schedule for each major task, including time frames and durations of
each task.
3. List of all proposed sub-consultants, including their planned scope of work, key
project staff and references (contact names, phone numbers, and email addresses).
4. Description organized by task of City's anticipated role to assist in the development of
the plan. Include specific deliverables needed from the City.
E. After the winning proposal has been selected, the preliminary work breakdown and
schedule for services will be used to negotiate and prepare the final budget and scope of
services that will be submitted as the Statement of Work attached to the City's standard
contract for Professional Services. Invoices requesting payment must be prepared and
sent to the City monthly. Payment will be made as a percentage of completion of each
task.
The City's fiscal year ends on June 30th, and all work completed up to that date must be
billed no later than July 5th. It is of particular importance that work or services rendered are
paid out of the budget for the same fiscal year in which the services are budgeted and the
service is rendered by the City. Therefore, costs associated with contractors' or
subcontractors' work or services rendered under the direction or direct or indirect control of
the proposer are also subject to the invoicing requirement listed above by June 30th of each
Year. By April 15th, the proposer must submit an estimate of anticipated billings up to June
30th of that year.
The proposer should assume that there will be no opportunities to increase the total cost of
the sum of all work tasks, but that costs may be shifted from one task to another after tasks
are completed. The City's budgeting process does not provide a means to readily change the
total project budget, and proposers must assume that increases in the project budget will not
be available after the Statement of Work has been accepted. Proposers are responsible to
ensure that every effort is made to anticipate potential additional costs after project
initiation.
SECTION 2.0 - EVALUATION PROCESS AND CONSULTANT SELECTION
2.1 EVALUATION PROCESS
The City shall select consultants as-provided in ORS 279C.I 10 to provide services on the, basis
of the consultant's qualifications for the type of professional service required.
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Proposer will be selected in a manner to accommodate the Department's scope and
schedule and budget objectives for a particular project. Screening and selection
procedures may include considering each candidate's:
1. Specialized experience, capabilities and technical competence, which the candidate may
demonstrate with the candidate's proposed approach and methodology to meet the project
requirements;
2. Resources committed to perform the work and the proportion of the time that the
candidate's staff would spend on the project, including time for specialized services,
within the applicable time limits;
3. Record of past performance, including but not limited to price and cost data from
previous projects, quality of work, ability to meet schedules, cost control and contract
administration;
4. Ownership status and employment practices regarding minority, women and emerging
small businesses or historically underutilized businesses;
5. Availability to the project locale;
6. Familiarity with the project locale; and
7. Proposed project management techniques.
a) If the screening and selection procedures a Department creates under subsection
A.4.a) result in the Department's determination that two or more candidates are
equally qualified, the Department may select a candidate through any process the
Department adopts that is not based on the candidate's pricing policies, proposals or
other pricing information.
b) The Department and the selected candidate shall mutually discuss and refine the
scope of services for the project and shall negotiate conditions, including but not
limited to compensation level and performance schedule, based on the scope of
services. The compensation level paid must be reasonable and fair to the Department
as determined solely by the Department.
c) If the Department and the selected candidate are unable for any reason to negotiate a
contract at a compensation level that is reasonable and fair to the Department, the
Department shall, either orally or in writing, formally terminate negotiations with the
selected candidate. The Department may then negotiate with the next most qualified
candidate. The negotiation process may continue in this manner through successive
candidates until an agreement is reached or the Department terminates the consultant
contracting process.
2. 1.1 Proposal Evaluation
City will review proposals for conformance with the "Pass / Fail" and "REQUIRED" criteria
identified in Sections 1.4 and 1.5. Proposals meeting all Pass / Fail criteria will be forwarded to
an evaluation committee that will independently review, score and rank proposals according to
the scoring criteria set forth in Section 2.2.
The outcome of the evaluation process may, at the City's sole discretion result in:
a) Notice to proposers of selection or rejection for contract negotiations and possible
award;
b) Further steps to gather additional information for evaluation (e.g. checking
references, notice of placement on an interview list, requesting clarification); or
c) Cancellation of the RFP and either reissuance of the RFP in the same or a revised
form or no further action by the City with respect to the RFP.
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City may reject any or all proposals and may cancel this RFP at anytime if doing either would be
in the public interest as determined by the City. City is not liable for any costs a proposer incurs
while preparing or presenting the proposal or during further evaluation stages. All proposals will
become part of the public record file without obligation to the City of Ashland.
2.1.2 Interviews / Follow-up Questions
A process of interviews and/or follow-up questions may be conducted and scored at the
discretion of the City. If an interview/follow-up process is conducted, the following will apply:
• The City may, at its discretion, conduct an interview/follow-up process with those
proposers it considers to be possibly best qualified to perform the potential Scope of
Services. The City may conduct more than one interview. The number of proposers
selected for the interview/follow-up process is at the discretion of the City.
o Interviews will require physical attendance at City's offices. All sub-consultants
requested by the City must also attend the interview(s)
o Follow-up questions (if developed) will typically be sent via email to proposer(s).
Written answers to any follow up questions must be returned within 14calendar
days of date of mailing. An e-mail confirmation of receipt of any follow-up
questions shall be sent by the consultant to the City's Project Manager,
• A minimum of three (3) evaluators will score the interviews/follow-up questions.
• The interviews/follow-up questions will have a maximum score of ten (10) points per
evaluator.
• An additional three (3) points will be awarded to the No. 1 ranked proposer based upon
the evaluation of the initially submitted RFP's. An additional two (2) points will be
awarded to the proposer ranked No. 2; unless the point spread between the No. 1 and No.
2 ranked proposers is greater than ten (10) points. In this case; no additional points will
be given to the No. 2 proposer. No additional points will be awarded to proposers ranked
below No. 2 and chosen to be part of the interview/follow-up process.
2.1.3 References
City does not intend to score references, but may contact references (by phone, email or fax) to
verify information provided in proposals.
2.1.4 Clarifications
City may require any clarification it needs to understand a proposer's proposal. Any necessary
clarifications or modifications which are in the best interest of City may be made before the
proposer is awarded a contract and some or all of the clarifications or modifications may become
part of the final contract. Clarifications may not be used to rehabilitate a non-responsive
proposal.
2.1.5 Non-resident Proposer
In determining the most responsive proposer, City shall, for the purpose of awarding the
contract, add a percent increase to the score of a non-resident proposer equal to the percent, if
any of the preference given to the score in the state in which the proposer resides. "Resident
proposer" of Oregon means a proposer that has paid unemployment taxes or income taxes in this
state during the 12 calendar months immediately preceding submission of the proposal, has a
business address in this state and has stated in the proposal that the proposer is a "resident
proposer" of the State of Oregon. The undersigned represents him/her self in this proposal to be
either a Resident or a Nonresident proposer by completing the appropriate blank below.
• The proposer is or is not a resident proposer as defined in ORS 279A.120
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2.2 SCORING CRITERIA
Scoring will be based upon the following described categories. The proposer must describe how
each of the requirements specified in this RFP are met. Responses must be clear and concise.
2.2.1 Demonstrate Technical Competence Maximum Score 15 points
Demonstrate a clear and concise understanding of the scope of services being requested in this
RFP and summarize the approach and methodology proposed to meet the project requirements.
2.2.2 Proposer's Specialized Experience and Capabilities Maximum Score 30 points
Demonstrate capability to complete the requested services. Response must include:
(15 points) Describe the experience and qualifications of proposed staff and project manager(s),
(whether they arc from the prime or a sub-consultant). Include descriptions of similar projects,
project outcomes and customer feedback received (if any).
(7.5 Points) Describe how you would provide the most technically advanced specialized
technical services readily for aspects of the project which call for specialized experience.
(7.5 points) Describe any specialties or unique strengths that relate to the services requested in
this RFP.
2.2.3 Resources Committed and Past Performance Maximum Score 25 points
Demonstrate proposer's resources available to be allocated for the proposed scope of services.
• (10 points) Describe the extent of involvement of consultant's Principal(s).
• (15 points) Provide a breakdown of recently completed, related projects including:
proposed landscape architectural services cost for listed projects, associated construction
cost and change orders cost if any for listed projects.
2.2.5 Project Management Techniques Maximum Score 15 points
• (7.5 points) Describe the lead manager's process for ensuring completion on schedule and
within the allocated budget. Describe your process for coordinating the work of
consultants and agency staff. In addition, describe your approach for minimizing errors
and omissions during the Construction Documents and Construction Administration (CA)
phases. How does the landscape architectural firm compensate the owner for design
errors/omissions uncovered after commencing construction?
• (7.5 points)Describe the quality control methods to be employed by the Design Team
during construction to ensure a facility that meets the design intent. Indicate the roles of
identified key personnel during the CA phase. Describe your system for managing
construction change issues during CA.
2.2.6 Cost of Services Maximum Score 15 points
In an attached sealed envelope, provide a summary of proposed costs including;
• Proposed project budget
• Professional, technical, draftsperson, other professional / sub-professional rate(s);
• Direct non-labor costs that might be applicable;
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Criteria - Max. Score
2.2.1. Demonstrated Technical Competence 15
2.2.2 Specialized Experience & Capabilities 30
2.2.3 Resources Committed to Perform the Work 25
2.2.5 Project Management Techniques 15
2.26 Cost of Services 15
TOTAL 100 Points
2.3 AWARD PROCESS
2.3.1, Negotiations
Following the evaluation process, The City will begin contract negotiations with the highest
ranked Proposer. The matters subject to negotiation shall be limited to the following:
1. Comprehensive Scope of Services and Statement of Work;
2. The proposer's personnel committed to the Project: Changes in staff assigned to the
project in original proposal will require City approval; (may result in rejection)
3. Project Schedule;
4. Professional fees, including reimbursable expenses;
5. Agreement to contract terms.
2.3.2 Action upon Failure to Execute Contract
In the event that a contract cannot be negotiated with the highest ranked proposer, negotiations
will be permanently discontinued, and the City will start contract negotiations with the next
highest ranked proposer. Nothing in this RFP shall restrict or prohibit the City from canceling
the solicitation at any time.
2.3.3 Notice of Intent to Award
Based on successful negotiations with the highest ranked proposer, the City will issue a Notice
of Intent to Award a contract.
2.3.4 Evaluation Record
A record will be made of all criteria evaluation ratings and all other grounds upon which
selection of the proposer is made. The final evaluation record will be available upon written
request.
2.3.5 Right to Protest
An adversely affected or aggrieved Responsive proposer must exhaust all avenues of admin-
istrative review and relief before seeking judicial review of the City's selection or Contract
award decision.
1. Protest of Proposal Specifications: A proposer who believes the proposal scope of
work or specifications are unnecessarily restrictive or limit competition may submit a
protest, in writing, to the Project Manager. To be considered, protests must be received at
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95
least five (5) days before the proposal closing date. Envelopes containing protests should
be marked as follows:
Proposal Specification Protest
Proposal Title
Closing Date and Time
2. Protest of Award: The award by the City shall constitute a final decision of the City
to award the contract if no written protest of the award is filed with the City within seven
(7) calendar days of the Notice of Intent to Award. The written protest shall specify the
grounds upon which the protest is based. In order to be an adversely affected proposer
with a right to submit a written protest, a proposer must be next in line for award. The
City will not entertain a protest submitted after the time period established in this rule.
2.3.6 Award
The City Council will consider award of the contract based on the Project Manager's
recommendation and will authorize the Manager to execute a contract. The contract will be
awarded to the proposer who, in the opinion of the City, is the most qualified and meets all
required specifications. The City may reject any proposals not in compliance with all prescribed
public procurement procedures and requirements and may reject any and all proposals upon a
finding by the City that it is in the public interest to do so. The City also reserves the right to
waive any informality in any proposal and to delete certain items listed in the proposal as set
forth herein.
SECTION 3.0 - SCOPE OF SERVICES
3.1 GENERAL REQUIREMENTS
3. 1.1 Personnel Materials & Equipment: The Consultant must provide qualified and competent
personnel and shall furnish all supplies, equipment, tools and incidentals required to accomplish
the work. All materials and supplies shall be of good quality and suitable for the assigned work.
3.1.2_ Safety Equipment: The Consultant shall provide and use all safety equipment including, .
but not limited to hard hats, safety vests and clothing required by State and Federal regulations
and Department policies and procedures.
3.1.3 Professional Responsibilities: The Consultant must perform the work using the standards of
care, skill and diligence normally provided by a professional in the performance of such services
in respect to similar work, and must comply with all applicable codes and standards. Complete
and accurate design is the sole responsibility of the consultant. Consultant must verify any
information it acquires and utilizes in its design. Consultant is not entitled to rely on the
accuracy and completeness of information provided by Owner, Owner's consultants and
contractors, and information from public records. Any drawings and specifications provided
will be developed with appropriate input from City staff. However, the City assumes no
responsibility in performing QA/QC of the Consultant's scope of services including, but not
limited to, the preparation of construction drawings and specifications. In addition to design,
construction plans must include traffic control plans as well as erosion controls plans and
provisions meeting all governmental agency requirements having jurisdiction over this project.
3.1.4_Project Management;
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The Consultant and the City staff will meet as required during project duration. The objectives
of the meeting will include reviewing the scope, budget, schedule and deliverables.
The Consultant will be responsible to:
1. Organize and manage consultant project team and coordinate with city project manager and
City staff.
2. Prepare monthly invoices and progress reports including the following-
• Work Completed during the Month by work task as a percentage of completion.
• Deeds for Additional Information, Reviews, or Changes to the Scope of Work.
• Scope, Schedule, and Budget Issues and Changes.
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era~~ P
P'~~'
Contract for PERSONAL SERVICES less than $35,000
CITY OF CONSULTANT:
ASHLAND CONTACT:
20 East Main Street
Ashland, Oregon 97520 ADDRESS:
Telephone: 5411488-6002
Fax: 541/488-5311 TELEPHONE:
DATE AGREEMENT PREPARED: FAX.
BEGINNING DATE: COMPLETION DATE:
COMPENSATION:
SERVICES TO BE PROVIDED:
ADDITIONAL TERMS:
In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take
precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a
manner that will not conflict with the said primary City of Ashland Contract.
FINDINGS:
Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and
determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor
resources to perform the services; (3) the statement of work represents the department's plan for utilization of such
personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient
to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints
provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein
is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely
terminated, payments will be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $20,142.20 or more, Consultant is required to comply
with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any Subcontractor who performs 50% or more of the service work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not
limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services
attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
10. Termination:
Contract for Personal Services, Revised 07/08/2014, Page 1 of 5
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
C, For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. if any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination {regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000.00 0, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
cover damages caused by error, omission or negligent acts related to the professional services to be provided
under this contract.
C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $M00.000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than inter one:
$200,000, $500,000 $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage,
includin covera a for owned, hired or non-owned vehicles, as a licable.
Contract for Personal Services, Revised 07/08/2014, Page 2 of 5
e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and
non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish
acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of
the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If
requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The
Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions andfor self-
insurance. i
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference.
Consultant: City of Ashland
By By
Signature Department Head
Print Name Print Name
Title Date
W-9 One copy of a W-9 is to be submitted with
the signed contract. Purchase Order No.
Contract for Personal Services, Revised 0710812014, Page 3 of 5
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be
issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
criteria:
(1) 1 carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one
year.
(6) 1 assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
i
Contractor (Date)
Contract for Personal Services, Revised 0 7/0 812 0 1 4, Page 4 of 5
CITY OF ASHLAND, OREGON
EXHIBIT B
City of Ashland
LIVING
Ii ALL employers described IN
WAGE
below must comply with City
Ashland laws regulating
payment of a living wage.
per hour effective June 30, 2014
(Increases annually every June 30 by the
Consumer Price Index)
portion of business of their 401 K and IRS eligible
employer, if the employer has cafeteria plans (including
ten or more employees, and childcare) benefits to the
has received financial amount of wages received by
assistance for the project or the employee.
➢ For all hours worked under a business from the City of
service contract between their Ashland in excess of ➢ Note: "Employee" does not
employer and the City of $20,142.20. include temporary or part-time
Ashland if the contract employees hired for less than
exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve-
Ashland including the Parks month period. For more
➢ For all hours worked in a and Recreation Department. details on applicability of this
month if the employee spends policy, please see Ashland
50% or more of the ➢ In calculating the living wage, Municipal Code Section
employee's time in that month employers may add the value 3.12.020.
working on a project or of health care, retirement,
~For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall,
20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashiand.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees. CITY OF
ASHLAND
Contract for Personal Services, Revised 07/08/2014, Page 5 of 5
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a
R'QUEST
FOR
PROPOSALS
Plaza Island Landscape & I-Iardscape Improvements
PROJECT NO, 2014-09
PROJECT TYPE: Professional Landscape
Architectural Services
PROPOSAL OPENING DATE:
2:00 PX, November 20, 2014
CITY PROJECT MANAGER Scott A. Fleury
CONTRACT DURATION 12 months
~r
I
CITY OF
ASHLAND
PUBLIC WORKS ENGINEERING
20 E. MAIN STREET
ASHLAND OR 97520
541/488-5347
G:lpub-wrksleng114-99 Downtown BeautylRFP's Downtown BeautylRFP Plazal14-09 RFP Plaza
Improvements.doc
TABLE OF CONTENTS
Table of Contents 1
Advertisement 3
- _ -
Section 1 - Request for Proposals 4
_ _
i 1 Solicitation Information and Recluuements 4-
1.1.1 Overview 4
1.1 2 Background 4
1.1.3 Definitions 4
- . .
1. 1.4 Contract Form 5
-
Contract Duration 5
- -
Contract Payment 5
-
-
DBE Participation 5
Ashland Living Wage Requirement 5
1.1 5 Business License Requirements 6
- - -
1.1 .6 Insurance Recfui ements 6
_ . _
1.2 Questions and Clarifications 6
- 1 .2.1 Proposer- Questions 6
1.3 Protests 7
_
_ -
1.3.1 Award Protest Requirements
1.3.2 Specification Protest Process 7
_-1.3.3 Costs and Damages 8
_1.4 Pass/Fail Proposal Submission Requirements 8
1.4.1 Proposal Submission Deadline 8
1.4.2 Terms and Conditions 8
1.4.3 Proprietary .Information 8
1.4 ,4 Laws and Regulations 9
1.5 RecLrrired Proposal Submission Items
.-..--___........_._....__.._._._._..-.-...---...._-._____..._..__._........---_.._.____9
1.5.1 Cover Sheet 9
, _ .
1.5,2 Page Len b Limitation 10
1.5.3 Quantity of Proposals 10
1.5.4 Minimum Proposal Contents 10
_
Section 2 - Evaluation Process and Consultant Selection I i
2.1 Evaluation Process 11
-
2. 1.1 Proposal Evaluation 12
_ - - -
2 1 2 Interviews / Follow-up Questions 12
_ . .
2.1.3 References 12
2. JA Clarifications 12
2 1 5 Non-Resident Proposer 13
-
.
^22.2 Scoring Criteria 13
2 .2.1 Technical Competence - 13
- - - - -
2 2 2 Specialized Experience and Capabilities 13
2.2.3 Resources and Past Performance 13
Project Management Techniques 14
2.2.5 Cost of Services 14
2.3 Award Process 15
. _
2 .3.1 Negotiations _ 15
- -
2.3.2 Failure to Execute Contract 15
2.3.3 Notice of Intent to Award 15
2.3 .4 Evaluation Record 15
2.3 .5 Right to Protest 15
Award 16
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Section. 3 - Scope of Services 16
3_.1 General Requirements_ 16
3 1.1 Personnel, Materials and Equipment, Safety Equipment, Professional Duties 16
3.1,2 Safety Equipment 16
3.1.3 Professional Responsibilities 16
- _T
3.l .4 Project Management 16
- -
3.2 Task Specific Requirements - 17
-
__..._ProjectPhastng_ - 17
Preliminary Work Breakdown 17
Appendix A: Contract Form Including Exhibit A, Form W-9 and City Of Ashland Living Wage
Appendix B: Project Site Overview Maps and Photographs
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ADVERTISEMENT
CITY OF ASHLAND PUBLIC WORKS - REQUEST FOR PROPOSAL
PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES
The City of Ashland is requesting proposals for professional landscape architectural services for
the design and construction documentation of improvements to the Plaza Island. Reference
exhibit B for site map location and photographs
The project will include but is not limited to the following activities:
• Development final project scope.
• Design of functional landscape and hardscape improvements.
• Attend public meetings with the Tree Commission and City Council
• Preparation of construction documents
• Facilitate Pre-Bid, Pre-Construction, and Construction Progress meetings and provide
meeting minutes as necessary
• Provide technical assistance during bidding and construction
• Provide Construction Management and Inspection Services
Proposals must be physically received by 2:00 PM, November 20, 2014, in the City of Ashland
Engineering Office located at 51 Winbum Way, Ashland OR 97520 or by mail at 20 E. Main
Street, Ashland, OR 97520. For further information, contact Scott A. Fleury, Engineering
Services Manager at 541/552-2414, or by email at fleurys@ashland.or.us. Consultant selection
is anticipated to result in the issuance of a contract for landscape architectural services in the
form provided in this RFP, for a duration anticipated to be no more than 12 months.
Proposal documents are available at the above address, as well as the City of Ashland website at
www.ashland.or.us. Any addenda may be downloaded or picked up at Community
Development, 51 Winburn Way, Ashland, Oregon. The bidder must check the website
frequently until closing for any addenda that may be issued. All submittals by the proposer
must be in hard copy form. Proposals are limited to four (4) pages. The proposer must be
registered as a Professional Engineer with the State of Oregon. Consultant selection will be
based upon weighted criteria as cited in the Request for Proposal document. Standard selection
criteria include, but are not limited to: experience, availability, schedule, and response time.
The City of Ashland reserves the right to reject any and all proposals, to waive formalities or to
accept any proposal which appears to serve the best interest of the City of Ashland.
Dave Kanner, City Administrator
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CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSAL
PLAZA ISLAND LANDSCAPE AND HARDSCAPE IMPROVMENTS
SECTION 1- REQUEST FOR PROPOSALS
1.1: SOLICITATION INFORMATION AND REQUIREMENTS
1.1.1 Overview
The City of Ashland is looking for professional landscape architectural services to provide plans,
specifications and estimates (PS&E) along with construction documentation for landscape and
hardscape improvement within the City of Ashland downtown corridor.
The City of Ashland receives a transient occupancy tax that is allowed to be used on capital
improvement projects for tourism-related facilities or intended to support tourism-related
activities. Specific capital projects within the downtown corridor of Ashland have been identified
for improvement. The project identified within this RFP is a priority improvement project for the
Ashland City Council.
1.1.2 Background
In March of 2014, The City of Ashland Council approved formation of a Downtown
Beautification Committee to analyze and recommend specific projects within the downtown
corridor for improvement. Over ten meetings the Committee discussed improvement projects,
solicited public input and made a final recommendation to Council for priority projects to
proceed forward with, based on available funding and preliminary cost estimates. The priority
project list was approved by the City Council on September 2, 2014. Projects are expected to be
designed and constructed by summer of 2015. Final recommended design will be presented
before City Council for approval.
Plaza Island landscape and hardscape improvement Project Goals:
The project includes selection of approximately three new free standing planters,
appropriate plant material and irrigation to planters. Consultant to recommend plant
material for existing bed with Tree Commission approval. In conjunction with new
planter material and tree the City desires to add decorative fencing at curb line of existing
planter beds to protect existing and new plant material from pedestrian traffic. The
fencing should have the ability to be removed once plants have matured.
In addition, consultant to recommend new layout and color of paver replacement for
pavers located in or around center circle area. Design of replacement pavers should
maintain integrity of existing system. City to provide selected consultant with
topographic survey data and irrigation plans of Plaza Island for use in design along with
previously developed cost estimates and scoping. Tree Commission will be consulted for
final plant material selections.
1.1.3 Definitions
For the purposes of this RFP:
"Calendar days" means any day appearing on the calendar, whether a weekday, weekend day,
national holiday, State holiday or other day;
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"Days" means calendar days;
"Business days" means calendar days, excluding Saturdays, Sundays and all City recognized
holidays.
"Agency" or "City" means City of Ashland
"Council" means City of Ashland City Council
"Manager" means Project Manager
"Owner" means City of Ashland
"Proposers" means all firms submitting proposals are referred to as proposers in this document;
after negotiations, an awarded proposer will be designated as "consultant".
"RFP" means Request for Proposal.
"Scope of Work" means the general character and range of services and supplies required to
perform the work's purpose and objectives, and an overview of the performance outcomes
expected by Agency.
"Services" means the services to be performed under the Contract.
"Statement of Work" means the specific provision in the final Contract which sets forth and
defines in detail (within the identified Scope of Work) the agreed-upon objectives, expectations,
performance standards, services, deliverables, schedule for delivery and other obligations.
1. 1A Contract Form
The consultant selected by City will be expected to enter into a written contract in the form
attached to this RFP as Appendix A. The proposal should indicate acceptance of City's contract
provisions. Suggested reasonable alternatives that do not substantially impair City's rights under
the contract may be submitted as outlined under Section 1.4.2. Unconditional refusal to accept
the contract provisions will result in proposal rejection.
Contract Duration - the anticipated duration of the contract is 12 months.
Contract Payment - Contingent upon City's need, consultant's performance and the
availability of approved funding, City reserves the right to amend the contract (within the
scope of the project described in this RFP) for additional tasks, project phases and
compensation as necessary to complete a particular project. Proposers are advised that the
award and potential dollar amount of the contract under this RFP will be contingent upon
approval by the Ashland City Council acting as the Contract Review Board.
Payment will be made for completion of, or acceptable monthly progress on, tasks and
deliverables in conformance with contract requirements and all applicable standards. The
method of compensation will be determined by the City and may be based upon any one
or combination of the following methods:
• Cost plus fixed-fee, up to a maximum NTE amount
• Fixed price for all services, Fixed price per deliverable, Fixed price per milestone
• Time and materials, up to a maximum NTE amount (City preferred method)
• Price per unit
DBE Participation - The utilization of federal funds is not anticipated in this contract,
and no DBE participation goals will be assigned.
Ashland Living Wage Requirements - Consultant's employees must be paid at least the
living wage as established by the City of Ashland on June 30, 2014 (14.42 per hour):
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• For all hours worked under a service contract between their employer and the City
if the contract exceeds $19,825 or more.
• For all hours worked in a month if the employee spends 50% or more of the
employee's time in that month working on a project or portion of business of their
employer, if the employer has ten or more employees and has received financial
assistance for the project or business. from the City in excess of $19,825.
In calculating the living wage for full time employees, employers may add the value of
health care, retirement, 401K and IRS eligible cafeteria plans, and other benefits to the
employees' wages. The City of Ashland Living Wage Statement is appended to the
sample contract included in the appendix.
1.1.5 Business License Required
The selected consultant must have or acquire a current City of Ashland business license prior to
conducting any work under this contract.
1. 1.6 Insurance Requirements
Contractor shall at its own expense provide the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires
subject employers to provide Oregon workers' compensation coverage for all their subject
workers.
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less
than $2,000,000 for each claim, incident or occurrence. This is to cover damages caused by
error, omission or negligent acts related to the professional services to be provided under
this contract.
c. General Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 for each occurrence for bodily injury and property damage. It shall include
contractual liability coverage for the indemnity provided under this contract.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less
than $1,000,000 for each accident for bodily injury and property damage, including
coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of Cancellation or Change. There shall be no cancellation, material change,
reduction of limits or intent not to renew the insurance coverage(s) without 30 days'
written notice fi•om the contractor or its insurer(s) to the City.
Additional Insured/Certificates of Insurance
Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and
employees as additional insurers on any insurance policies required herein but only with respect
to contractor's services to be provided under this contract. As evidence of the insurance coverage
required by this contract, the contractor must furnish acceptable insurance certificates prior to
commencing work under this contract. The certificate must specify all of the parties who are
additional insurers. The consultant's insurance must be primary and non-contributory. Insuring
companies or entities are subject to the City's acceptance. If requested, complete copies of
insurance policies; trust agreements, etc. must be provided to the City. The contractor must pay
for all pertinent deductibles, self-insured retentions and/or self=insurance.
1.2 QUESTIONS AND CLARIFICATIONS
1.2.1 Proposer Questions
All inquires, whether relating to the RFP process, administration, deadline or award, or to the
intent or technical aspects of the services must be submitted in writing to the City's Project
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Manager listed in the advertisement for this proposal, at 20 East Main Street, Ashland Oregon
97520. All questions must be received not later than ten (10) calendar days prior to the proposal
submission deadline.
Answers to questions received by City, which are deemed by City to be substantive, will be
issued as official addenda to this RFP to ensure that all proposers base their proposals on the
same information. When appropriate, as determined by City in its sole discretions, revisions,
substitutions or clarification of the RFP or attached terns and conditions, an official addendum
to this RFP will be issued. The addenda may be downloaded or picked up at Community
Development, 51 Winburn Way, Ashland, Oregon. The bidder must check the website
frequently until closing. Proposer shall indicate receipt of all issued addenda by attaching a copy
of each addendum to the proposal. Any addenda will not be included in the total maximum page
limit.
Any addendum issued by the City seventy-two (72) hours or more before the scheduled closing
time for submission of proposals, Saturday, Sunday and legal holidays not included, shall be
binding proposers. Failure of any proposer to receive or obtain such addenda shall not excuse it
from compliance therewith if it is awarded the contract.
1.3 PROTESTS
1.3.1 Award Protest Requirements
Every proposer submitting a proposal shall be notified of its selection status. Any proposer who
claims to have been adversely affected or aggrieved by the selection, or any proposer who
contends that the provisions of the RFP or any aspect of the procurement process has promoted
favoritism in the award of the contract or has substantially diminished competition, must file a
written protest to the RFP within seven (7) calendar days after the date of the selection notice.
Failure to file a protest will be deemed a waiver of any claim by an offeror that the procurement
process violates any provision of ORS Chapter 279, the City of Ashland Local Contract Review
Board Rules or the City's procedures for screening and selection of persons to perform personal
services.
1.3.2 Specification Protest Process
Delivery: A proposer trust deliver a protest of specifications to the City in writing no later than
seven (7) calendar days prior to the proposal due date as follows:
Specification Protest
Proposal#: 2014-09 Downtown Beautification
City of Ashland Public Works Department
ATTN: Engineering Services Manager
20 East Main Street
Ashland, OR 97520
Content: A proposer's written protest must include:
• A detailed statement of the legal and factual grounds for the protest;
• description of the resulting prejudice to the proposer; and
• A statement of the form of relief requested or any proposed changes to the
specifications.
City Response: The City may reject without consideration a proposer's protest after the deadline
established for submitting protest. The City shall provide notice to the applicable proposer if it
entirely rejects a protest. If the City agrees with the proposer's protest, in whole or in part, the
City shall either issue an addendum reflecting its determination or cancel the solicitation.
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Extension of Closing: If the City receives a written protest from a proposer in accordance with
this rule, the City may extend closing if the City determines an extension is necessary to consider
the protest and to issue addenda, if any, to the solicitation document.
Judicial review of the City's decision relating to a specification protest shall be in accordance
with ORS 27913.405.
1.3.3 Costs and Damages
All costs of a protest shall be the responsibility of the protestor and undertaken at the protestor's
expense. City -shall not be liable for the proposer's damages or costs for filing the protest or to
any participant in the protest, on any basis, express or implied.
1.4 "PASS / FAIL" PROPOSAL SUBMISSION REQUIREMENTS
Each proposal must comply with the following Pass / Fail criteria. Proposals not meeting ALL
Pass/ Fail criteria shall be rejected.
1.4.1 Proposal Submission Deadline (Pass /Fail)
Proposals must be received by the submission deadline as indicated in this RFP and at the
address specified. City will not accept proposals submitted by facsimile or electronic mail, nor
will it accept proposals submitted after the proposal submission deadline. City is not responsible
for and will not accept late or mis-delivered proposals.
1.4.2 Terms and Conditions Pass / Fail)
Unless an official addendum has modified or reserved the right to negotiate any terms contained
in the contract or exhibits thereto, City will not negotiate any term or condition after the protest
deadline, except the statement of work, pricing and calendar with the selected proposer. By
proposal submission, the selected proposer agrees to be bound by the terms and conditions set
forth in this RFP and as they may have been modified or reserved by City for negotiation. Any
proposal that is conditioned upon City's acceptance of any other terms and conditions or rights to
negotiate will be rejected.
1.4.3 Proprietary Information
The City is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires
the City to disclose all records generated or received in the transaction of City business, except
as expressly exempted in ORS 192.501, 192.502, or other applicable law. Examples of
exemptions that could be relevant include trade secrets (ORS 192.501 (2)) and computer
programs (ORS 192.501(15)). The City will not disclose records submitted by a proposer that
are exempt from disclosure under the Public Records Law, subject to the following procedures
and limitations.
The RFP in its entirety cannot be marked confidential, nor, shall any pricing be marked
confidential.
Each page containing the records exempt from disclosure shall be marked "confidential" and
segregated in the following manner:
• It shall be clearly marked in bulk and on each page of the confidential document.
• It shall be kept separate from the other RFP documents in a separate envelope or
package for confidential documents.
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• Where this specification conflicts with other formatting and response instruction
specifications, this specification shall prevail
• If such conflict occurs, the proposer is instructed to insert the following statement
where the requested information that is deemed confidential was to have been placed:
"Refer to confidential information enclosed."
Proposers who desire that additional information be treated as confidential must marl, those
pages as "confidential" and cite a specific statutory basis for the exemption and the reasons why
the public interest would be served by the confidentiality. Should a proposal be submitted as
described in this section, no portion of it can be held as confidential unless that portion is
segregated as described above.
Notwithstanding the above procedures, the City reserves the right to disclose information that the
City, in its sole discretion determines to be not exempt from disclosure or that the City is directed
to disclose by the City Attorney, the District Attorney or a court of competent jurisdiction. Prior
to disclosing such information, the City will notify the proposer. If the proposer disagrees with
the City's decision, the City may, but is not required to, enter into an agreement not to disclose
the information so long as the proposer bears the entire cost, including reasonable attorney's
fees, of any legal action, including any alternative dispute resolution and appeals, necessary to
defend or support a no-disclosure decision.
1.4.4 Laws and Regulations
The proposer is assumed to be familiar with all Federal, State, County or City laws or regulations,
which in any manner affect those engaged or employed in the work or the materials or equipment
used or which in any way affect the conduct of the work, and no pleas of misunderstanding will be
considered on account of ignorance thereof. If the proposer shall discover any provision in these
specifications or project information, plans or contract documents which is contrary to or
inconsistent with any law or regulations, they shall report it to the City of Ashland in writing.
All work performed by the contractor shall be in compliance with all Federal, State, County and
local laws, regulations and ordinances. Unless otherwise specified, the contractor shall be
responsible for applying for applicable permits and licenses.
1,5 " REQUIRED" PROPOSAL SUBMISSION ITEMS AND SCORING
DEDUCTIONS
Any items in this Section 1.5 marked as REQUIRED that are incomplete or are not submitted
with the proposal will receive a three (3) point scoring deduction for each item and must be
submitted within two (2) business days of request by City. Failure to deliver properly completed
"REQUIRED" items within two (2) business days of request by City will result in proposal
rejection.
Proposals must follow/match the numbering outline as shown in the Scoring Criteria; Section 2.2
of this RFP. Each bullet point under each section of the Scoring Criteria must be answered
clearly and specifically. A 2- point scoring deduction will be applied in each instance where this
requirement is not met. 0r, the City may, at its sole discretion, reject any proposal wltich does
not follow/match the Scoring Criteria numbering as presenter) in this RFP or fvhich does not
answer clearly and specifically each bullet point under each criteria.
15.1 Cover Sheet (Required)
The proposal must include a completed cover sheet signed by a duly authorized representative
empowered to bind the proposer (at least one original signature). The cover sheet shall state the
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project title, the legal name of the proposer, legal status, federal tax ID number, mailing address,
primary contact person for this proposal with email address, telephone number, fax number and
the name of the person authorized to sign a contract. Include an original signature, printed name
and title and date.
1.5.2 Page Length Limitation (Required)
The proposal must not exceed four (4) pages, excluding cover sheet, any tabs or indexes and
references, and any issued addendum. Failure to include any issued addendum within the
RFP shall result in a three point scoring reduction. If a proposer submits a proposal
exceeding this limit, City will consider the pages up to that allowable number and discard all
subsequent pages.
One page is defined as: one side of a single 8 %2" x 11" page. Any page over this size will be
counted as two (2) pages. Any page or partial page with substantive text, tables, graphics, charts,
etc. will be counted as one page.
There is no scoring deduction for exceeding the proposal page limitation; however, extra pages
will be discarded and will not be considered in the evaluation.
1.5.3 Quantity of Pro op sals (Required)
Proposers must submit six (6) complete copies of the proposal and one electronic copy in Adobe
Acrobat (PDF) in the sequential order of the proposal with a separate envelope or package for
any proprietary information.
1.5.4 Minimum Proposal Contents
A. Project Narrative: The narrative must include a description of the consultant's
understanding of the project objectives.
B. Project Phasing: The project will be structured in four phases, with each phase having its
own deliverables, final acceptance, and independent not-to-exceed cost.
1. Pre-design Evaluation and Scoping
2. Design Development, Construction Documents
3. Bid Support Services
4. Construction Support Services
C. Preliminary Work Breakdown and Schedule: The Consultant shall prepare a
preliminary project work breakdown and schedule that anticipates all services
required to complete the project before June 30, 2015. The Proposal must include a
graphic Gant-chart style schedule of major work tasks with project milestones and
estimate of time required to complete each task.
1. Develop final project scope for the landscape/hadscape projects in conjunction with
City staff input.
2. Develop final design of projects for approval by the City Council.
3. Attend design development meetings with City staff team.
4. Attend up to two Tree Commission meetings and two City Council meetings during
the design phase. (City Council meets the first and third Tuesday of each month. Tree
Commission meets the first Thursday of the month).
5. Prepare complete bid documents (specs, bid quantities, etc.) and assist City in the
bidding of the project. (Existing City templates may be used).
6. Facilitate Pre-Bid Conference, Pre-Construction Conference and Construction
Progress meetings. Provide agendas and detailed written minutes for all significant
meetings.
7. Provide technical assistance during bidding and construction including Requests for
Information and the review/approval of Submittals.
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Provide Construction Management services including project inspection.
D. The Preliminary Statement of Work (SW):The Preliminary Statement of Work must outline
phases of work and the relationship of the proposed tasks to meet the objectives of the
project. It must include proposed methods of investigation, analysis, and design as
appropriate. Key elements must include:
a. An expanded outline of all work tasks
2. Detailed work schedule for each major task, including time frames and durations of
each task.
3. List of all proposed sub-consultants, including their planned scope of work, key
project staff and references (contact names, phone numbers, and email addresses).
4. Description organized by task of City's anticipated role to assist in the development of
the plan. Include specific deliverables needed from the City.
E. After the winning proposal has been selected, the preliminary work breakdown and
schedule for services will be used to negotiate and prepare the final budget and scope of
services that will be submitted as the Statement of Work attached to the City's standard
contract for Professional Services. Invoices requesting payment must be prepared and
sent to the City monthly. Payment will be made as a percentage of completion of each
task.
The City's fiscal year ends on June 30"', and all work completed up to that date must be
billed no later than July 5th. It is of particular importance that work or services rendered are
paid out of the budget for the same fiscal year in which the services are budgeted and the
service is rendered by the City. Therefore, costs associated with contractors' or
subcontractors' work or services rendered under the direction or direct or indirect control
of the proposer are also subject to the invoicing requirement listed above by _June 30th of
each year. By April 15"', the proposer must submit an estimate of anticipated billings up to
June 30th of that year.
The proposer should assume that there will be no opportunities to increase the total cost of
the sum of all work tasks, but that costs may be shifted from one task to another after tasks
are completed. The City's budgeting process does not provide a means to readily change
the total project budget, and proposers must assume that increases in the project budget will
not be available after the Statement of Work has been accepted. Proposers are responsible
to ensure that every effort is made to anticipate potential additional costs after project
initiation.
SECTION 2.0 - EVALUATION PROCESS AND CONSULTANT SELECTION
2.1 EVALUATION PROCESS
The City shall select consultants as provided in ORS 2790.110 to provide services on the basis
of the consultant's qualifications for the type of professional service required.
Proposer will be selected in a manner to accommodate the Department's scope and
schedule and budget objectives for a particular project. Screening and selection
procedures may include considering each candidate's:
1. Specialized experience, capabilities and technical competence, which the candidate may
demonstrate with the candidate's proposed approach and methodology to meet the project
requirements;
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2. Resources committed to perform the work and the proportion of the time that the
candidate's staff would spend on the project, including time for specialized services,
within the applicable time limits;
3. Record of past performance, including but not limited to price and cost data from
previous projects, quality of work, ability to meet schedules, cost control and contract
administration;
4. Ownership status and employment practices regarding minority, women and emerging
small businesses or historically underutilized businesses;
5. Availability to the project locale;
6. Familiarity with the project locale; and
7. Proposed project management techniques.
a) If the screening and selection procedures a Department creates under subsection
A.4.a) result in the Department's determination that two or more candidates are
equally qualified, the Department may select a candidate through any process the
Department adopts that is not based on the candidate's pricing policies, proposals or
other pricing information.
b) The Department and the selected candidate shall mutually discuss and refine the
scope of services for the project and shall negotiate conditions, including but not
limited to compensation level and performance schedule, based on the scope of
services. The compensation level paid must be reasonable and fair to the Department
as determined solely by the Department.
c) If the Department and the selected candidate are unable for any reason to negotiate a
contract at a compensation level that is reasonable and fair to the Department, the
Department shall, either orally or in writing, formally terminate negotiations with the
selected candidate. The Department may then negotiate with the next most qualified
candidate. The negotiation process may continue in this manner through successive
candidates until an agreement is reached or the Department terminates the consultant
contracting process.
2.1.1 Proposal Evaluation
City will review proposals for conformance with the "Pass / Fail" and "REQUIRED" criteria
identified in Sections 1.4 and 1.5. Proposals meeting all Pass / Fail criteria will be forwarded to
an evaluation committee that will independently review, score and rank proposals according to
the scoring criteria set forth in Section 2.2.
The outcome of the evaluation process may, at the City's sole discretion result in:
a) Notice to proposers of selection or rejection for contract negotiations and possible
award;
b) Further steps to gather additional information for evaluation (e.g. checking
references, notice of placement on an interview list, requesting clarification); or
c) Cancellation of the RFP and either reissuance of the RFP in the same or a revised
form or no further action by the City with respect to the RFP.
City may reject any or all proposals and may cancel this RFP at anytime if doing either would be
in the public interest as determined by the City. City is not liable for any costs a proposer incurs
while preparing or presenting the proposal or during further evaluation stages. All proposals will
become part of the public record file without obligation to the City of Ashland.
2.1.2 Interviews / Follow-up Questions
A process of interviews and/or follow-up questions may be conducted and scored at the
discretion of the City. If an interview/follow-up process is conducted, the following will apply:
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• The City may, at its discretion, conduct an interview/follow-up process with those
proposers it considers to be possibly best qualified to perform the potential Scope of
Services. The City may conduct more than one interview. The number of proposers
selected for the interview/follow-up process is at the discretion of the City.
o Interviews will require physical attendance at City's offices. All sub-consultants
requested by the City must also attend the interview(s)
o Follow-up questions (if developed) will typically be sent via email to proposer(s).
Written answers to any follow up questions must be returned within 14calendar
days of date of mailing. An e-mail confirmation of receipt of any follow-up
questions shall be sent by the consultant to the City's Project Manager.
• A minimum of three (3) evaluators will score the interviews/follow-up questions.
• The interviews/follow-up questions will have a maximum score of ten (10) points per
evaluator.
• An additional three (3) points will be awarded to the No. 1 ranked proposer based upon
the evaluation of the initially submitted RFP's. An additional two (2) points will be
awarded to the proposer ranked No. 2; unless the point spread between the No. 1 and No.
2 ranked proposers is greater than ten (10) points. In this case; no additional points will
be given to the No. 2 proposer. No additional points will be awarded to proposers ranked
below No. 2 and chosen to be part of the interview/follow-up process.
2.1.3 References
City does not intend to score references, but may contact references (by phone, email or fax) to
verify information provided in proposals. I
2.1.4 Clarifications
City may require any clarification it needs to understand a proposer's proposal. Any necessary
clarifications or modifications which are in the best interest of City may be made before the
proposer is awarded a contract and some or all of the clarifications or modifications may become
part of the final contract. Clarifications may not be used to rehabilitate a non-responsive '
proposal.
x
2.1.5 Non-resident Proposer
In determining the most responsive proposer, City shall, for the purpose of awarding the
contract, add a percent increase to the score of a non-resident proposer equal to the percent, if
any of the preference given to the score in the state in which the proposer resides. "Resident
proposer" of Oregon means a proposer that has paid unemployment taxes or income taxes in this
state during the 12 calendar months immediately preceding submission of the proposal, has a
business address in this state and has stated in the proposal that the proposer is a "resident
proposer" of the State of Oregon. The undersigned represents him/her self in this proposal to be
either a Resident or a Nonresident proposer by completing the appropriate blank below.
• The proposer is or is not --a resident proposer as defined in ORS 279A.120
2.2 SCORING CRITERIA
Scoring will be based upon the following described categories. The proposer must describe how
each of the requirements specified in this RFP are met. Responses must be clear and concise.
2.2.1 Demonstrate Technical Competence Maximum Score 15 points
Demonstrate a clear and concise understanding of the scope of services being requested in this
RFP and summarize the approach and methodology proposed to meet the project requirements.
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14
2.2.2 Proposer's Specialized Experience and Capabilities Maximum Score 30 points
Demonstrate capability to complete the requested services. Response must include:
(15 points) Describe the experience and qualifications of proposed staff and project manager(s),
(whether they are from the prime or a sub-consultant). Include descriptions of similar projects,
project outcomes and customer feedback received (if any).
(7.5 Points) Describe how you would provide the most technically advanced specialized
technical services readily for aspects of the project which call for specialized experience.
(7.5 points) Describe any specialties or unique strengths that relate to the services requested in
this RFP.
2.2.3 Resources Committed and Past Perfozmance Maximum Score 25 points
Demonstrate proposer's resources available to be allocated for the proposed scope of services.
• (10 points) Describe the extent of involvement of consultant's Principal(s).
• (15 points) Provide a breakdown of recently completed, related projects including:
proposed landscape architectural services cost for listed projects, associated construction
cost and change orders cost if any for listed projects.
2.2.5 Project Management Techniques Maximum Score 15 points
• (7.5 points) Describe the lead manager's process for ensuring completion on schedule and
within the allocated budget. Describe your process for coordinating the work of
consultants and agency staff. In addition, describe your approach for minimizing errors
and omissions during the Construction Documents and Construction Administration (CA)
phases. How does the landscape architectural firm compensate the owner for design
errors/omissions uncovered after cormnencing construction?
• (7.5 points)Describe the quality control methods to be employed by the Design Team
during construction to ensure a facility that meets the design intent. Indicate the roles of
identified key personnel during the CA phase. Describe your system for managing
construction change issues during CA.
2.2.6 Cost of Services Maximum Score 15 points
In an attached sealed envelope, provide a summary of proposed costs including:
• Proposed project budget
• Professional, technical, draftsperson, other professional / sub-professional rate(s);
• _Direct non-labor costs that might be applicable;
Criteria J `Max. Score
2.2.1. Demonstrated Technical Competence 15
2.2.2 Specialized Experience & Capabilities 30
2.2.3 Resources Committed to Perform the Work 25
2.2.5 Project Management Techniques 15
2.26 Cost of Services 15
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15
TOTAL 100 Points
2.3 AWARD PROCESS
2.3.1 Negotiations
Following the evaluation process, The City will begin contract negotiations with the highest
ranked Proposer. The matters subject to negotiation shall be limited to the following:
1. Comprehensive Scope of Services and Statement of Work;
2. The proposer's personnel committed to the Project: Changes in staff assigned to the
project in original proposal will require City approval; (may result in rejection)
3. Project Schedule;
4. Professional fees, including reimbursable expenses;
5. Agreement to contract terms.
2.3.2 Action upon Failure to Execute Contract
In the event that a contract cannot be negotiated with the highest ranked proposer, negotiations
will be permanently discontinued, and the City will start contract negotiations with the next
highest ranked proposer. Nothing in this RFP shall restrict or prohibit the City from canceling
the solicitation at any time.
2.3.3 Notice of Intent to Award
Based on successful negotiations with the highest ranked proposer, the City will issue a Notice
of Intent to Award a contract.
2.3.4 Evaluation Record
A record will be made of all criteria evaluation ratings and all other grounds upon which
selection of the proposer is made. The final evaluation record will be available upon written
request.
2.3.5 Right to Protest
An adversely affected or aggrieved Responsive proposer must exhaust all avenues of admin-
istrative review and relief before seeking judicial review of the City's selection or Contract
award decision.
1. Protest of Proposal Specifications: A proposer who believes the proposal scope of
work or specifications are unnecessarily restrictive or limit competition may submit a
protest, in writing, to the Project Manager. To be considered, protests must be received at
least five (5) days before the proposal closing date. Envelopes containing protests should
be marked as follows:
Proposal Specification Protest
Proposal Title
Closing Date and Time
2. Protest of Award: The award by the City shall constitute a final decision of the City
to award the contract if no written protest of the award is filed with the City within seven
(7) calendar days of the Notice of Intent to Award. The written protest shall specify the
grounds upon which the protest is based. In order to be an adversely affected proposer
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16
with a right to submit a written protest, a proposer must be next in line for award. The
City will not entertain a protest submitted after the time period established in this rule.
2.3.6 Award
The City Council will consider award of the contract based on the Project Manager's
recommendation and will authorize the Manager to execute a contract. The contract will be
awarded to the proposer who, in the opinion of the City, is the most qualified and meets all
required specifications. The City may reject any proposals not in compliance with all prescribed
public procurement procedures and requirements and may reject for good cause, any and all
proposals upon a finding by the City that it is in the public interest to do so. The City also
reserves the right to waive any informality in any proposal and to delete certain items listed in
the proposal as set forth herein.
SEC'T'ION 3.0 - SCOPE OF SERVICES
3.1 GENERAL REQUIREMENTS
3. 1.1 Personnel, Materials & Equipment: The Consultant must provide qualified and competent
personnel and shall furnish all supplies, equipment, tools and incidentals required to accomplish
the work. All materials and supplies shall be of good quality and suitable for the assigned work.
3.1.2 Safety Equipment: The Consultant shall provide and use all safety equipment including,
but not limited to hard hats, safety vests and clothing required by State and Federal regulations
and Department policies and procedures.
3.1.3 Professional Responsibilities: The Consultant must perform the work using the standards of
care, skill and diligence normally provided by a professional in the performance of such services
in respect to similar work, and must comply with all applicable codes and standards. Complete
and accurate design is the sole responsibility of the consultant. Consultant must verify any
information it acquires and utilizes in its design. Consultant is not entitled to rely on the
accuracy and completeness of information provided by Owner, Owner's consultants and
contractors, and information from public records. Any drawings and specifications provided
will be developed with appropriate input from City staff. However, the City assumes no
responsibility in performing QA/QC of the Consultant's scope of services including, but not
limited to, the preparation of construction drawings and specifications. In addition to design,
construction plans must include traffic control plans as well as erosion controls plans and
provisions meeting all governmental agency requirements having jurisdiction over this project.
3.1.4 Project Management:
The Consultant and the City staff will meet as required during project duration. The objectives
of the meeting will include reviewing the scope, budget, schedule and deliverables.
The Consultant will be responsible to:
1. Organize and manage consultant project team and coordinate with city project manager and
City staff.
2. Prepare monthly invoices and progress reports including the following:
• Work Completed during the Month by work task as a percentage of completion.
• Needs for Additional Information, Reviews, or Changes to the Scope of Work.
• Scope, Schedule, and Budget Issues and Changes.
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17
P'Pperd~x P
Contract for PERSONAL SERVICES less than $35,000
CITY OF CONSULTANT:
ASHLAND CONTACT:
20 East Main Street
Ashland, Oregon 97520 ADDRESS:
Telephone: 5411488-6002
Fax: 541/488-5311 TELEPHONE:
DATE AGREEMENT PREPARED: FAX:
BEGINNING DATE: COMPLETION DATE:
COMPENSATION:
SERVICES TO BE PROVIDED:
ADDITIONAL TERMS:
In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take
precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a
manner that will not conflict with the said rims City of Ashland Contract.
FINDINGS:
Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and
determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor
resources to perform the services; (3) the statement of work represents the department's plan for utilization of such
personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient
to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints
provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein
is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings ! Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely
terminated, payments will be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 2790.505, 279C.515, 2790.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $20,142.20 or more, Consultant is required to comply
with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any Subcontractor who performs 50% or more of the service work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit 13 predominantly in areas where
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not
limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services
attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
10. Termination:
Contract for Personal Services, Revised 07/08/2014, Page 1 of 5
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract,
e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination- Further, upon termination,
Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligation it awes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
cover damages caused by error, omission or negligent acts related to the professional services to be provided
under this contract.
G. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired or non-owned vehicles, as applicable.
Contract for Personal Services, Revised 07/08/2014, Page 2 of 5
e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and
non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish
acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of
the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If
requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The
Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-
insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference.
Consultant: City of Ashland
By By
Signature Department Head
Print Name Print Name
Title Date
W-9 One copy of a W-9 is to be submitted with
the signed contract. Purchase Order No.
Contract for Personal Services, Revised 07/08/2014, Page 3 of 5
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be
issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
criteria:
(1) 1 carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one
year.
(6) 1 assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
Contractor (Date)
Contract for Personal Services, Revised 07/08/2034, Page 4 of 5
CITY • • •
EXHIBIT B
City of Ashland
LIVING
A WAGE
per hour effective June 30, 2014
(Increases annually every June 30 by the
Consumer Price Index)
• - . - portion of business of their 401K and IRS eligible
employer, if the employer has cafeteria plans (including
ten or more employees, and childcare) benefits to the
has received financial amount of wages received by
For all hours worked under a assistance for the project or the employee.
➢ business from the City of
service contract between their Ashland in excess of ➢ Note: "Employee" does not
employer and the City of $20,942.20. include temporary or part-time
Ashland if the contract employees hired for less than
exceeds $20,142,20 or more. ➢ If their employer is the City of 1040 hours in any twelve-
Ashland including the Parks month period. For more
➢ For all hours worked in a and Recreation Department. details on applicability of this
month if the employee spends policy, please see Ashland
employee's or more more of time the ➢ In calculating the living wage, Municipal Code Section
that month employers may add the value 3.12.020,
working on a project or of health care, retirement,
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall,
20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
CITY OF
ASHLAND
Contract for Personal Services, Revised 0710812014, Page 5 of 5
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CITY OF
ASHLAND
Council Communication
October 21, 2014, Business Meeting
Ad-Hoc Recycle Center Committee Recommendations
for the Recycle Center, Waste Reduction and Recycling
FROM:
Adam Hanks, Management Analyst, adam.hanks@ashland.or.us
SUMMARY
The Ad Hoc Recycle Center Committee has developed a final set of recommendations for the
Council's consideration and request Council direct staff to begin implementation. These
recommendations include:
• Creation of a sticker program for curbside recycling
• Analysis of potential additional materials to be accepted at the Recycle Center
• Development of an expanded education and outreach program for the community
• Exploration and review of potential post consumer food waste diversion programs for
implementation in the community
• Updating/Expansion of the existing Opportunity to Recycle Code (AMC 9.22)
Additionally, the Committee had substantial discussion and deliberation on two other significant
issues; the removal of comingle recycling options from the Recycle Center and changing the
methodology of the current monthly Recycle Center surcharge on Recology customer billings. In both
cases, the Committee chose not to recommend changes to the current status.
BACKGROUND AND POLICY IMPLICATIONS:
The Ad-Hoc Recycle Center Committee was created and appointed at the request of the Mayor and
Council following the October 2013 approval of an updated solid waste and recycling franchise
agreement and corresponding rate increase that included a new Recycle Center surcharge that created a
separate fee to offset the costs associated with the annual operation of the Recycle Center.
The scope of work of this committee is as follows:
The ad hoc Recycling and Waste Reduction Committee is charged with making recommendations to
the City Council regarding the future of the recycling center; its effectiveness, what form it should
take, how it should be funded and whether if should continue to operate at all. The Committee will
also examine City-wide waste reduction and recycling efforts; examine best practices and how they
might be applied in Ashland to improve waste diversion and recycling; and examine how the recycling
center fits or should fit into those efforts.
The Committee shall, in the course of its work:
• Provide ample opportunity for public input;
Page 1 of 2
CITY OF
ASHLAND
• Consult with Recology and City staff to determine what impact, if any, its recommendations
would have on garbage rates; and
• Present its recommendations in writing so they can be easily shared with the public
In its assessment and response to its charge noted above, the committee broke down the
recommendation into two primary categories, each with several sub-components:
Assess the future of the recycle center
o Assessment of its effectiveness
o What form it should take (services offered, materials accepted, etc)
o How it should be funded
o Whether it should continue to operate/exist
Examine community-wide waste reduction and recycling efforts
o Examine current best practices for application in Ashland
o Examine and recommend actions to be implemented to improve waste diversion and
recycling
o Examine and recommend role of Recycle Center in waste diversion and recycling for
the future
Committee Results
The final recommendations document provides a brief description, actions required to implement/take
action, proposed timeline and specific recommendations for each of the seven items considered.
FISCAL IMPLICATIONS:
The final five recommendations put forward by the Committee primarily involve an expense of
existing staff time to develop in coordination with Recology staff. Each recommended implementation
process will result in more detailed and complete information collected, analyzed and presented to the
City Council for their final consideration, which will include financial impact analysis for the City,
Recology and residents.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council approval of each of the five recommendations as presented and requests
Council direction for staff to begin work on each of the items.
SUGGESTED MOTION:
I move to accept and approve the recommendations of the Ad-Hoc Recycle Center Committee and
direct staff to begin work as described in the Committee recommendations memo.
ATTACHMENTS:
Ad-Hoc Recycle Center Committee Final Recommendations Memo
Ashland Municipal Code, Chapter 9.22 - Opportunity to Recycle
Page 2 of 2
pirr'41,
CITY OF
ASHLAND
Memo
DATE: October 15, 2014
TO: City Council
FROM: Ad-Hoc Recycle Center Committee
RE: Recommendation Regarding the Recycle Center, waste reduction and recycling
1) Create curbside recycling sticker program
Description
The implementation of a sticker program for Recycling would provide another opportunity for
residents and businesses to participate in curbside recycling and create a financial
incentive/reward for minimizing the volume of recycled materials by using the pre-paid stickers
only when the bin is completely full which could significantly reduce costs for those that are
able to reduce recycle materials volumes.
This provides higher participation in Recology curbside services with only an incremental
additional cost as the sticker customers already reside within an existing collection route.
Sticker program revenue would offset the incremental additional costs incurred.
Actions Required
Modification of Solid Waste Rate Resolution to include a Recycle Only Sticker rate. A
suggested rate structure would be four stickers for $20 or 10 stickers for $40 (to be calculated
and formalized with Recology staff).
Timeline
Resolution including the new fee in the rate structure could be developed and presented to
Council within 60 days of Council approval of recommendation.
Committee Recommendation - Approve and Implement
2) Remove comingle recycle collections from the Recycle Center
Description
Discontinuance of the collection of comingle recycling at the Recycle Center has three primary
objectives:
• Maximize participation in the existing curbside comingle services already in place and
available to all Recology subscription customers
Pagel of `6
City of Ashland
ADMINISTRATION DEPT Tel: 541-552-2046
20 East Main St Fax: 541-488-5311
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.orms
adamgashland.or.us
• Transition the Center to be a recycling resource primarily for materials that are not a part
of the comingle curbside collection service.
• Reduce the operating costs of the Recycle Center. As noted in previous committee and
Council meetings, the Recycle Center costs are primarily driven by hauling costs from
the Center to the Valley View Transfer station. Cardboard has the highest hauling
volume, with comingle second. While cardboard has a resale value in the market and
provides revenues of between $20,000 and $30,000 annually, comingle recycling has no
associated revenue. It is estimated that the removal of comingle recycling would save
$25,000 to $30,000 in annual hauling costs.
The removal of comingle recycling would also provide additional physical space at the Center
to offer recycling services for additional materials that are not a part of the curbside collection
program and do not currently have a collection point available to the public (see
Recommendation #3).
Actions Required
Onsite advance notice of removal (30-45 days)
Physical removal of two 25 yard dumpsters
Timeline
Noticing and removal could be accomplished within 60 days of Council approval.
Committee Recommendation - Do not approve or implement. Cost savings gained do not
outweigh overall goal/objective of maintaining waste diversion options for the community
(residents and those outside city limits)
3) Change Fee Methodology for Recycle Center Surcharge
Description
The Committee reviewed a series of potential methodologies for billing and collection of fees to
cover the operational costs associated with the Recycle Center. Concepts discussed included:
• Maintain existing monthly flat fee surcharge, currently $1.60/mo per account (7,000
• Use City Utility bill and charge each water meter account (roughly equivalent to every
property/parcel in Ashland).
o Approximately 8,200 water meter accounts would equate to a fee of
approximately $1.40/mo per account
• Use City utility bill and charge each electric meter account (roughly equivalent to every
residence/business in Ashland)
o Approximately 11,350 electric meter accounts would equate to a fee of
approximately $1.00/mo per account
• Create a "pay to play" fee collection system at the Recycle Center. Fee would need to be
calculated based on estimated use of the Recycle Center
o Average of 100 customers per day would require a fee of approximately $4.50
o Average of 200 customers per day would require a fee of approximately $2.25
Page 2 of 6
City Ashland
ADMINISTRATION DEPT Tel: 541-552-2046
20 East Main St Fax: 541-488-5311
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
adam@ashland.or.us
• Create a donation system with signage to describe how the Recycle Center is funded and
by whom and provide an unmanned collection option for users (targeting non Recology
customers) to contribute to the continued operation and availability of the Recycle
Center. Recommended donation could be $1.00 into a highly secured collection
container that is emptied by either Recology or City staff on a regular basis.
Committee Recommendation - Maintain existing monthly flat fee on Recology customer bills
4) Expand (non-curbside collections) materials available to reuse/recycle at the
Recycle Center
Description
Over time, the Recycle Center has expanded its menu of materials accepted for recycle or re-
use, the most recent being the soft plastic collections. The Committee would like City staff to
work with Recology to develop a list of items currently in the waste stream that could
potentially be collected at the Recycle Center that are not part of the curbside collection
program. The list would provide information and analysis on the following:
• Current and potential volume expected
• Costs associated with their collection and distribution
• Regulatory issues associated with the materials
• Other pertinent information needed to determine likely new materials to be accepted.
Actions Required
Two to three meetings with City and Recology staff to generate draft document, research issues,
develop final report.
Timeline
City and Recology staff could initiate the work immediately and have report available for
review within 120 days of Council approval.
Committee Recommendation - Approve and bring back results to the Council for final
implementation approval (with review by Conservation Commission)
5) Develop and implement a waste reduction and recycling education and outreach
program for the community
Description
The Committee felt that a critical component to the future success in reaching higher levels of
waste reduction and recycling is expanded and targeted education and outreach. While the
ongoing efforts by Recology have paid dividends and have played a large role in achieving our
current levels of waste prevention and recycling, a more formal and expanded education and
outreach program in addition to and in coordination with that of Recology is critical in future
success and achievement in the community. Program elements could include:
Page 3 of 6
City Ashland
ADMINISTRATION DEPT Tel: 541-552-2046
20 East Main St Fax: 541-488-5311
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
adam@ashland.or.us
• Coordinated City/Recology promotional campaign focusing on waste reduction
initiatives, best practices and education highlighting existing services available to the
community in these areas including and beyond Recology services.
• Curriculum development for use in Elementary and Middle School classrooms
• Targeted action/results activities for Elementary, Middle and High Schools (collections
contests, videos, public awareness, etc
• Hardcopy and web based packets targeted and tailored specifically for each customer
group (single family, multi-family and commercial) providing existing services
available, best practices, on site assessment self-checklists, details for on-site technical
assistance, etc
Actions Required
City and Recology staff research, meetings and development of program objectives, tools
available to achieve objectives and task allocation and scheduling to implement programs
The Committee recommends that options and recommendations for dedicated funding beyond
the existing franchise agreement for the implementation and ongoing activities of the program
be included in the development of the plan. Options include expanded participation in the
Jackson County Recycling Partnership of which both the City of Ashland and Recology are
members.
Timeline
Initial development of program could be done within 120 days of Council approval with
implementation schedules guiding each program element launch.
Committee Recommendation - Approve and bring back results to the Council for final
implementation approval (with review by Conservation Commission)
6) Explore a pilot program or system to offer pre and/or post consumer food waste
diversion options
Description
The committee recommends that City staff work with Recology to research and report back to
Council potential options for the implementation of one or more pilot programs for pre and/or
post consumer food waste handling, which makes up between 15 to 30 percent of the waste
stream.
This could include the following:
• Free or reduced cost compost bins to customers for their own separation and compost use
• Centralized location for drop off of approved food waste materials
• Food waste collections service for commercial and/or residential customers
• Other pilot programs that would assist Recology, the City and the community in a long
term sustainable solution to remove food waste from the local waste stream.
Page 4 of 6
City of Ashland
ADMINISTRATION DEPT Tel: 541-552-2046
20 East Main St Fax: 541-488-5311
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.orms
adam@ashland.or.us
Reporting shall include potential regulatory issues, estimated customer uptake, program costs,
sources of funding, operational impacts and other relevant issues for each of the potential
programs researched.
Actions Required
City and Recology staff research, meetings and analysis of different pre/post consumer food
waste program opportunities.
Timeline
Development of a final report could be completed within 180 days of Council approval with
implementation dependent on the type and scope of pilot project selected.
Committee Recommendation - Approve and bring back results to the Council for final
implementation approval (with review by Conservation Commission)
7) Update Ashland Municipal Code 9.22 - Opportunity to Recycle
Description
AMC 9.22 was adopted in 1992 and requires all owners or managers of multi-family sites
within Ashland to provide an "opportunity to recycle site" to ensure that all occupants of multi-
family dwellings that do not typically have individual trash service have the ability to recycle if
they so choose. These sites "shall meet the reasonable requirements of the local solid waste
franchisee".
Additionally, AMC 9.22 requires the owner or manager of a multi-family site to annually
inform all tenants of the location of the site and provide information on how to use the site for
recycling purposes.
Rather than taking the step of instituting mandatory trash service throughout the community, the
committee recommends that City and Recology staff develop formal minimum standards for
recycling facilities required to be located on multi-family properties. Standards could be tiered
based on the number of units on the property, with more minimum features required for larger
complexes with more potential for waste diversion.
The noticing requirement could also be reviewed and updated to require the owner or manager
to contact the City or Recology each year to verify their compliance with the noticing
requirement and to ensure that they have provided tenants with the most current information
available. AMC 9.22 could also include a requirement for an annual or bi-annual on site
assessment of the facilities for the larger facilities that have higher minimum standards to ensure
that they continue to meet the standards and to offer suggestions or educational opportunities for
the owners/managers or the tenants.
Actions Required
City and Recology staff research, meetings with coordination of City Legal Staff when
appropriate. Contact and coordination with multi-family property owners and managers would
Page 5 of 6
City of Ashland
ADMINISTRATION DEPT Tel: 541-552-2046
20 East Main St Fax: 541-488-5311
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
adam@ashland.or.us
also be required to ensure a code that is functional and can be practically applied in the
community.
Timeline
Development of draft ordinance changes and additions could be completed within 180 days of
Council approval with implementation beginning after ordinance adoption, which could add an
additional 60-90 days.
Committee Recommendation - Approve and bring back results to the Council for final
implementation approval (with review by Conservation Commission)
Summary of Timeline for Items Recommended for Approval
1) Create curbside recycling sticker program 60 Days
4) Expand materials available to reuse/recycle at the Recycle Center 120 Days
Develop and implement a waste reduction and recycling education and
5) outreach program for the community 120 Days
Explore a pilot program or system to offer pre and/or post consumer food
6) waste diversion options 180 Days
7) Update Ashland Municipal Code 9.22 - Opportunity to Recycle 180 Days
*Items #2 and #3 were not recommended for approval by the Committee
Additional Considerations
The Committee had several discussions regarding the concept of mandated trash/recycling services as a
method of addressing cost equity of the Recycle Center operations, as well as potentially increasing
overall recycling/diversion rates within the City. The committee's preliminary conclusion was that the
move to mandated services could potentially contribute to cost equity improvements for the Recycle
Center, but that administrative, operational and political challenges would need to be studied further
before a formal recommendation could be made.
The Committee suggests that City and Recology staff continue discussions on the merits and challenges
of imposing mandated services, including researching other similar communities that have implemented
mandated service but does not recommend moving forward until the formal recommendations have been
implemented and reviewed for their effectiveness.
Summary
The committee recommends that the Council approve the recommendations of the committee and direct
staff to begin work on the five recommendations and work with the City Administrator to develop a
schedule for their development and implementation that includes appropriate review and approval by
Council as needed.
Page 6 of 6
City of Ashland
ADMINISTRATION DEPT Tel: 541-552-2046
20 East Main St Fax: 541-488-5311
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
adam@ashland.or.us
9.22 Opportunity to Recycle
9.22.010 Definitions
The following words and phrases whenever used in this chapter shall be construed as
defined in this section unless from the context a different meaning is intended.
A. "Common solid waste receptacle" means a receptacle where solid waste is
deposited from more than one dwelling unit for collection by a solid waste franchisee.
B. "Dwelling" or "dwelling unit" has the same meaning as defined in the land use
ordinance at AMC 18.08.230 and includes a mobile home park space.
C. "Multi-family complex" means a multi-family dwelling or any other dwelling,
apartment, condominium, facility, mobile home park or location where two or more
residential units share a common solid waste receptacle. Transient accommodation
facilities such as hotels or motels are not included in this definition.
D. "Multi-family dwelling" has the same meaning as defined in the land use ordinance
at AMC 18.08.220 and includes mobile home park spaces.
E. "Opportunity to recycle site" means a place for the deposit of tenant separated
recyclable material.
F. "Recyclable material" means all material collected by the local solid waste
franchisee under its residential on-route collection program for purposes of recycling.
G. "Responsible person" means the owner of a multi-family complex in those
complexes where the tenants individually contract directly with the local solid waste
franchisee for solid waste collection. Otherwise responsible person means the person
or persons who contract with the local solid waste franchisee for solid waste collection
of solid waste from the common solid waste receptacle in a multi-family complex.
H. "Tenant" includes owner in the case of a condominium or other multi-family
complex where the dwelling unit is individually owned and the owner resides in the
unit.
9.22.020 Generally
A. Every multi-family complex shall include on the premises an opportunity to recycle
site provided by the responsible person or owner of the multi-family complex or both.
B. All multi-family complex leases or rental agreements or any other type of
agreement providing for the lease of property or space for residential purposes may,
at the discretion of the landlord or owner, state that tenants or occupants shall deposit
recyclable materials in the opportunity to recycle site provided on the premises.
C. Within thirty days of the effective date of this chapter and at least once a year
thereafter, the responsible person, or the owner of a multi-family complex, or both,
shall inform tenants of the multi-family complex of the location of the opportunity to
recycle site and of information about how to recycle. New tenants shall be informed by
the responsible person, or by the owner of a multi-family.complex, or both, about the
opportunity to recycle at the time of entering into a lease or rental agreement or any
other type of agreement providing for the lease of property or space for residential
purposes.
9.22.030 Opportunity to recycle site standards
The opportunity to recycle site:
A. Shall meet the reasonable requirements of the local solid waste franchisee.
B. Shall, whenever reasonably feasible, be centrally located in a single repository in
the multi-family complex. Small multi-family complexes may use individual curbside
containers for recyclable material if permitted by the local solid waste franchisee.
9.22.040 Exemptions
The City Administrator, or designee, may exempt a multifamily complex from the
requirements of this chapter upon a showing by the applicant that the conditions of
this chapter would cause undue hardship. The phrase "undue hardship" shall be
construed to include, but not be limited to:
1. Situations where the physical environment of an existing complex cannot be
reasonably adapted to provide the opportunity to recycle;
2. Situations where the opportunity to recycle is being met is some other manner; or
3. Situations where compliance with the requirements of this Ordinance would deprive
a person of a legally-protected right.
9.22.050 Enforcement
A. A warning notice of a violation of this ordinance shall be given prior to the issuance
of a citation. Warning notices shall give a brief description of the violation and a
statement that failure to correct the alleged violation may result in issuance of a
citation to the City of Ashland Municipal Court. The warning notice shall be served
upon the person accused of the violation.
B. A responsible person, or an owner of a multi-family complex, who violates this
chapter shall be deemed guilty of an infraction, and shall be punishable as set forth in
Section 1.08.020 of the Municipal Code.
(Ord. 2686, 1992)
CITY OF
ASHLAND
Council Communication
October 21, 2014, Business Meeting
Discussion of deer education proposals
FROM:
Dave Kanner, city administrator, dave.kanner@ashland.or.us
SUMMARY:
At its September 16th business meeting, a citizen testifying under Public Forum spoke to having been
attacked by a deer in her yard and requested that the City increase public awareness about living with
deer by posting information on the City web site. The Council agreed at that time to schedule a
discussion of deer for a future meeting.
BACKGROUND AND POLICY IMPLICATIONS:
Ashland, like many cities in Oregon and throughout the United States, has a large urban deer
population. In the past year, the City has heard from two citizens who were attacked by deer, as well
as others demanding that the City "do something" about the deer; presumably either culling the herd
(i.e., killing the deer) or sterilizing the deer so they cannot reproduce. Neither of these approaches is
recommended by the Oregon Department of Fish and Wildlife, which has exclusive purview over
wildlife in Oregon, including wildlife populations inside city limits.
Ashland for its part has done what we are legally permitted to do by adopting an ordinance that
prohibits the feeding of deer and allowing property owners to construct 8-foot high deer fencing.
At the September 16th Council business meeting, a citizen, Amy Felmley, addressed the Council with
regard to having been attacked by a deer in her yard. Ms. Felmley requested that the City take steps to
increase public awareness about deer; suggesting that the City post information on its web site.
Following Ms. Felmley's testimony, Council agreed to schedule a discussion of deer issues.
(It should be noted that the City already provides a link to information about living with deer and
wildlife on the home page of its web site. See attached screen shot. The City also provides
information about living with deer and wildlife in its City Source newsletter, which goes to every
utility customer in the City. See attached October City Source. These are our two most prominent and
effective communication tools.)
Discussion at this business meeting could potentially focus on two areas: Education and mitigation.
With regard to education, the Council might discuss:
• Is this a priority for the Council?
• Should the City be the lead agency on education? (We are not the experts on deer and
wildlife.)
• What options do we have for educating the public?
Page 1 of 2
PrIAN1
CITY OF
ASHLAND
With regard to mitigation, the Council might discuss:
• Is this a priority for the Council?
• What options do we have for dealing with nuisance and dangerous wildlife?
• Does Council support any particular option legally and technically viable?
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A. This item is scheduled for discussion only, although Council may give direction to staff.
SUGGESTED MOTION:
N/A
ATTACHMENTS
City of Ashland web site screen shot (http://www.ashland.or.us/Pag_e.asp?Nav1D=16440)
October City Source (http://www.ashland.or.us/SIB/files/October%202014.pdf)
Page 2 of 2
Fes,
10/15/2014 City of Ashland, Oregon - HOME
CITY Of
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http://ashiand.or.us/ 112
CITY OF •
0 -AS H LAND Energy Efficiency Program
The City of Ashland Energy Efficiency and Weatheri-
zation Program still has funds available to assist with
energy efficiency and weatherization upgrades. In-
come-eligible applicants may be qualified to receive a
0% interest loan of up to $3,000 to assist with energy
efficiency upgrades. All participants will receive an
energy audit which can identify weatherization defi-
ciencies. Participants may also qualify for up to
$7,500 in additional 0% interest loan funds through
- the Conservation Program.
(See, Efficiency, Page 3)
THE CITIZEN'S SOURCE OF INFORMATION ABOUT THE CITY OF ASHLAND
Stay informed. For all the latest news visit www.ashland.or.us. Sign up for e-mail alerts!
Parks Survey Living with Deer
The City of Ashland will conduct We occasionally get phone calls at City
Hall from people whose gardens have
a citizen survey in late October. been devastated by our local deer popu-
lation or - in two separate cases this
summer - people who were actually at-
ended question related to parks tacked by deer. The question inevitably
and recreation. It is the intent of the Ashland Parks and Rec- arises: "What is the City going to do
about the deer?"
reation Department to stay current with trends and give resi- Unfortunately, the City is severely
dents programs and services that they desire. constrained in its ability to address the
deer problem. In Oregon, the manage-
The mission of the Ashland Parks and Recreation Depart- ment of deer populations is the exclusive
ment is to provide and promote recreational opportunities purview of the Oregon Department of
Fish and Wildlife. Ashland for its part
and preserve and maintain public lands. Some of the many has done what we are legally permitted
programs and services the department already provides in- to do by adopting an ordinance that pro-
clude: hibits the feeding of deer and allowing
property owners to construct 8-foot high
• Parks and open spaces that are safe and well maintained; deer fencing. ODFW also offers advice
Opportunities for recreational and educational activities about living with deer and other wild-
life. Go to the City website
for all ages and abilities such as adapted recreation, envi- (www.ashland.or.us) and look for the
ronmental education, older adult recreation; "Living with Deer and Wildlife" link
under Hot Topics.
• Management and oversight of the Daniel Meyer Pool, The City adopted an ordinance that
North Mountain Park Nature Center, Ashland Rotary prohibits feeding deer and other wildlife
for a reason. Too many people treat the
(See, Parks, Page 2) (See, Deer, Back Page)
Mono=
city~~~~~ C ■
Ashland Ice Rink The outdoor rink is located at 95 forest land and 30 miles of
Winburn Way. Come prepared to trails.
It's that time of year again... so skate, as changing rooms are not Visit www.ashiandparksandrec.org
lace up your skates and hit the ice! available. for more information on current
The Ashland Rotary Centennial Ice For more information, prices, programs.
Rink will be operational (weather daily schedule, extended holiday Ashland Parks and Recreation is
permitting) beginning November schedules, and ice skating lessons seeking your feedback on what
17, 2014. visit www.ashland.or.us/IceRink, parks and recreation opportunities
On November 22, from 6:00 call the ice rink directly at 541-488- you would like to see offered in the
p.m. to 10:00 p.m. we'll officially 9189, or call the Parks & Recreation future. Some of the new trends in
kick off the season. Evening high- office at 541-488-5340. ♦ parks and recreation are:
• Adult playgrounds:
lights will include:
• Open skate with live DJ Hope
• Southern Oregon Figure Skat- Parks
ing Club performances Continued from Page I
• 3-on-3 hockey exhibition game
• Chilly the Snowman Centennial Ice Rink, Ashland Q'`' _ 1 L =r x ;
• Ice sculpting by Roger Senior Center, Oak Knoll Golf .r
Butterfield Course and general recreation T,.
• Discounted coupons distributed activities held at The Grove; Community gardens
for youth programs • Volunteer opportunities Bike share programs: Borrow a
• Kids 5 and under skate free; throughout the parks and recrea-
tion system; bike from point A and return
Adults $3.00 (does not include it at point "B" for a small fee
skate rental) • Management of 463 acres of
2014 TREE OF THE YEAR - OFFICIAL BALLOT i
i i
! ❑ 48 Gresham - Sitka Spruce (Picea sitchenis) 556 Fairview - Fig (Ficus) i
' `It is very imposing - tall, elegant, and graceful. Beautiful "Over 100 years old, this tree has survived severe trauma i
' blue/green color. Also a favorite with birds. " - Rich and (split trunk) and is still producing bountiful figs and has i
' Paula G. new shoots. " - Rosie H.
i ;
0 77 Granite - Dogwood (Corpus Florida) ❑ 445 Stadium St. - Silver Maple (Acer saccharinum) i
"This spring had the most stunning display of pink blossoms "This great tree was saved during construction of the new ;
i I have ever seen in my life, anywhere! It was a vision from dorm buildings and sits prominently in the courtyard be- ;
i paradise. " - Debroah K tween the two buildings where it is adorned everyday by ;
i "It is such a perfenct looking, uniform tree. Against the blue hundreds of students. It is also beautifully lighted for the ;
i sky the flowers are Gorgeous!" -Becky S festival of lights. " - Mike D. i
❑ 502 Siskiyou - White Birch Tree (Betula papyrifera) ❑ 923 Garden Way - Variegated Beech (Fagus sylvadca) !
`It's great for climbing andprovides shade for people both "Beautiful- the delecate pink around the leaves gives it !
walking downtown and watching the Fourth of July Parade. It color and almost texture. It changes I the fall to a red/
is a beautiful tree. " - Lucy Q. bronze color. People often stop to admire it when walking ;
by " - Heidi G. ;
Voting can also be done on-line at: http://gis.ashiand.or.us/treeofyear2Ol4/ !
i i
' BALLOTS MUST BE RECEIVED BY FRIDAY, NOVEMBER 14, 2014
Mail or deliver to: Michael Pina, City of Ashland, 20 East Main Street, Ashland, OR 97520 !
~p- -
CITY OF
ASHLAND
• Winter outdoor recreation ac- • Day trips for older adults HeartSaver Adult
tivities such as snowshoeing or • Storytelling (workshops on ~~R
p
cross country skiing "how to" as well as storytelling
• Lifetime sports like biking, kay- events)
aking, tennis, swimming, or • Sustainability programs such as HeartSaver CPR is a classroom,
jogging; water conservation and reuse or video-based, instructor led course
• Family activities such as movies green living that teaches adult CPR and AED
in the park, camping in the park, We look forward to your feedback use, as well as how to relieve
or scavenger hunts on the upcoming survey! ♦ choking for an adult. This course
• Fitness classes: pregnancy fit- teaches skills with the American
ness classes, adaptive and thera- Heart Association's research-
peutic fitness, preventive fitness Efficiency proven Practice-While-Watching
• Cooking classes Continued from Page I technique, which allows instruc-
• Online classes tors to observe the students, pro-
Photography If you would like more information vide dents' feedback learning of and k guide the knowledge stuand
• Gardening about the Energy Efficiency Pro-
• Parklets or small spaces serving gram or if you would like to receive skills.
as an extension of the sidewalk an application for the program, This course is for anyone with
limited or no medical training
to provide amenities and green Please Contact Linda Reid, Hous- seeking a course e completion card
space for people using the ing Program Specialist at 541-552- seeking
and AE use to meet job,
street. Offer a place for people 2043 or visit the City's website: and/or other require-
to stop, sit, recreate, park a bike, www.ashland.or.us/eeloan ♦ regulatory, ments.
look at art, people watch, etc.: The cost for this course is
$35, which includes a student
Ashland is Ready study book and card*. The class
takes approximately three hours
November 1, 2014,9:00 a.m.- to complete. All. fees must be pre-
12:00 p.m. or 1:00 4:00 p.m. paid prior to the class date to con-
Is your family prepared to be firm reservation. Please register
self sufficient during a disaster? early to reserve your space as
Ashland is Ready (AIR) helps pre- class sizes are limited.
pare you. Choose either a morning
or afternoon session. Guest speak- When: Saturday, November 22
ers will provide valuable informa- Where: Ashland Fire Station 1
tion about earthquake preparedness, Time: 9:00 a.m.- 12:00 p.m.
computer backups, and supplies to Cost: $35
keep on hand. New this year are
vendors to demonstrate tools and For information or to register con-
kits to help you prepare. Pre- tact ceg@ashland.onus, 541-552-
registration is required, the cost is 2226, or www.ashland.or.us/cpr.
$10, and each participant will leave
• Preventive wellness programs with an emergency kit. For infor- *Upon successful completion, students will
receive an American Heart Association
• Classes on using your mobile mation and to register go to Heartsaver CPR Course Completion Card
devices www.ashland.or.us/air. ♦ that is valid for two years.
Deer No prior police experience is required but any such
Continued from Page I background would be a plus. Training and uniforms will
be provided to those who qualify.
deer as stray pets rather than as wild, untamed ani- To inquire about the VIPS program, please call 541-
mals. Feeding them encourages them to come back to 482-5211, Monday through Friday between 9:00 a.m.
populated areas and to lose their natural fear of hu- and 4:30 p.m.
mans. If you feed deer, please stop. CITY OF
People will sometimes ask: "Can't the City cull the ASHLAND
herd?" The short answer is no. It is legally permissible
for ODFW to allow a local government to kill deer (as
long as the meat is immediately harvested and donated City Calendar
to a local food bank), but Ashland's situation with
deer does not rise to a danger level at which ODFW
would permit it. ❑ City Council meets on the first and third Tuesdays at 7:00
People also ask: "Can't the deer be given birth p.m. Study sessions occur on the day before at 5:30 p.m.
control so they can't reproduce?" That would be logis- ❑ Planning Commission meets on the second Tuesday 7:00
tically impossible. The deer would have to be cap- p.m. Study sessions occur on the fourth Tuesday at 7:00
tured, given birth control, then tagged and tracked p.m.
down the following year to be given another dose ❑ Airport Commission meets on the first Tuesday at 9:30
(assuming they stayed in the area). It's not feasible to a.m.
leave birth control-laced food out for them to eat, as ❑ Conservation Commission meets on the fourth Wednesday
other animals could (and would) eat it, thus endanger- at 6:00 pm.
ing other wildlife populations. ❑ Firewise Commission meets on the third Wednesday at
Ashland is a city built next to a forest teeming with noon
all kinds of wildlife. While it's true that the wildlife ❑ Forest Lands Commission meets on the second Tuesday at
sometimes causes problems for us humans, in the final 5:30 p.m.
analysis it's up to us, not them, to adjust to having ❑ Historic Commission meets on the Wednesday prior to the
these animals as our neighbors and co-inhabitants. Tuesday Planning Commission at 6:00 p.m.
Again, we encourage you to check the ODF W web ❑ Housing and Human Services Commission meets on the
site, www.dfw.state.or.us, for advice about living with fourth Thursday at 4:30 p.m.
deer and other wildlife. ♦ ❑ Parks and Recreation Commission meets on the fourth
Monday at 7:00 p.m. Study session occurs on the third
Monday.
❑ Public Art Commission meets on the third Friday at 8:15
Looking for VIPS a.m.
❑ Transportation Commission meets on the fourth Thursday
The Ashland Police Department is looking for volun- at 6:00 p.m.
teers for its Volunteers in Police Service (VIPS) pro- ❑ Tree Commission meets on the Thursday before the Tues-
gram. VIPS should be able to give approximately 20 day Planning Commission Meeting at 6:00 p.m.
hours a month performing various duties. These in-
clude but are not limited to; DA courier, mail courier, ACity Council and many other city meetings are broadcast live on
vacation house checks and traffic control at various cable channel 9. Charter Communications customers will find city
events and parades. Other duties will be instituted as meetings on channels 180 and 181. Meetings also stream live on the
we build up our cadre of personnel. intemet at rvtd.sou.edu. A Meetings are held at Council Chambers,
All VIPS must pass a comprehensive background 1175 East Main or at 51 Winburn Way.AFor information about all
check as sensitive information is handled in some of City meetings please call City Administration at 541-488-
the tasks. VIPS should also possess a valid Oregon 6002.ABack issues of the City Source are posted under
"Documents" on the City's Website, www.ashland.or.us. ♦TTY 1-
driver's license and be able to work weekdays. 800-735-2900.
i ~ ~
CITY OF
ASHLAND
Council Communication
October 21, 2014, Business Meeting
A Resolution in Support of Fossil Fuel Divestment
FROM:
Barbara Christensen, City Recorder, christeb@ashland.or.us
SUMMARY
Southern Oregon Climate Action Now (SOCAN) is asking the Council to support their effort by
approving a resolution in support of fossil fuel divestment. The Oregon Short Term Board (OSTB) and
the PERS Board both invest in companies identified as having the largest coal, oil and gas reserves
found at the Fossil Free Indexes (http://fossilfreeindexes.com/). SOCAN would like to see these two
boards "divest" from investing any funds in these identified companies.
BACKGROUND AND POLICY IMPLICATIONS:
This item was brought forward during Public Forum of the June 17, Council meeting by individuals
representing SOCAN and subsequently discussed at a study session on August 4, and September 15.
FISCAL IMPLICATIONS
This resolution would not make any changes to the City of Ashland Investment Policy as the City does
not directly invest in any of these identified companies.
STAFF RECOMMENDATION AND REQUESTED ACTION
Approve/disapprove Resolution
MOTION
Motion to approve/disapprove a resolution titled, "A resolution in support of fossil fuel divestment."
ATTACHMENTS
Resolution
Page 1 of 1
FILIA
RESOLUTION NO. 2014-
A RESOLUTION IN SUPPORT OF FOSSIL FUEL DIVESTMENT
RECITALS:
A. The climate crisis is a serious threat to current and future generations here in Ashland and
around the world.
B. The Intergovernmental Panel on Climate Change (IPCC) Fifth Assessment Report found that
global warming is already causing costly disruption of human and natural systems throughout
the world.
C. One hundred and fourteen (114) governments in the world have signed the International 2009
Copenhagen Agreement that any warming above a 2°C (3.6°F) rise would be unsafe.
Furthermore, scientific analysis suggest that humans can only emit about 565 more gigatons
of carbon dioxide into the atmosphere to maintain that limit.
D. For the purposes of this resolution, a "fossil fuel company" shall be defined as any of the two
hundred publicly-traded companies with the largest coal, oil and gas reserves found at the
Fossil Free Indexes (http://fossilfreeindexes.com/).
E. In its "Unburnable Carbon" report, the Carbon Tracker Initiative found that fossil fuel
companies possess proven fossil fuel reserves that would release approximately 2,795
gigatons of C02 if they are burned, which is five times the amount that can be released
without exceeding 2°C of warming.
F. The City of Ashland believes that its investments should support a future where all citizens
can live healthy lives without the negative impacts of climate change.
G. The City of Ashland does not now directly invest in any fossil fuel companies.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The Oregon Short Term Fund Board should review and consider divestment of
directly held or commingled assets that include holdings in fossil fuel public equities and
corporate bonds.
SECTION 2. The PERS Board and the Oregon Investment Council should review and consider
divestment of directly held or commingled assets that include holdings in fossil fuel public
equities and corporate bonds.
SECTION 3. The City shall send a copy of this Resolution, along with a cover letter signed by
the Mayor, to the Oregon Short Term Fund Board and PERS Board urging them to review and
consider their position on divesting their holdings from fossil fuel companies.
SECTION 4. The State Legislature should consider enacting state legislation that requires
consideration of divestment of statewide retirement funds (PERS) from fossil fuel companies and
such investments in the future. The City shall send this resolution and a letter of support for
consideration of future divestment legislation to elected state officials.
Page 1 of 2
SECTION 5. This resolution was duly PASSED and ADOPTED this day of
, 2014, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of ,2014:
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 2 of 2
CITY OF
-ASHLAND
Council Communication
October 21, 2014, Business Meeting
Plaza Replacement Tree Recommendation
FROM:
Michael Piiia, assistant planner, michael.pina@ashland.or.us
SUMMARY:
The City of Ashland Tree Commission provided recommendations for replacing a recently deceased
Maple tree located in the downtown plaza. Together with Ashland Parks Department, the City Council
will select a suitable replacement tree. The commission recommends either a Red Oak or a Bur Oak.
BACKGROUND:
At the August 7, 2014, regular meeting (minutes), the Tree Commission made recommendations for
replacement of the dead tree on the Plaza. The Commission recommended the replacement tree be a
minimum four- to six-inch caliper, and be planted in the fall in accordance with City tree planting
specifications including an appropriate amended soil mixture. The Commission also noted that
preferably either a Bur Oak or Red Oak be chosen as the replacement tree.
At the October 9, 2014, regular meeting (minutes not yet available), the Commission took public
comment on the choice of the replacement tree, in which two citizens responded via email. One citizen
requested that the replacement tree be an "equally brilliantly colorful tree in the Autumn" as was the
Maple, while the other citizen supported the selection of a Ginko tree, but provided the following
information in support of selecting an Oak tree:
• In 2004, the United States Congress, sponsored by The Arbor Day Foundation, passed
legislation declaring The Oak as our National Tree.
• As primary source of sustenance for Native Americans, planting an Oak could pay tribute to
our Native American fore bearers.
Staff has put together the following summary based upon information from the City of Ashland
Recommended Street Tree Guide, US Dept. of Agriculture, Virginia Tech Dept. of Forest Resources,
and Wikipedia.
Red Oak (Quercus rubra)
• Native to the northeastern United States and southeast Canada
• Grows straight and tall, from 50-80 feet in height, with a trunk of up to 20 to 40 inches diameter.
Open-grown trees do not get as tall, but can develop a stouter trunk, up to 6 feet in diameter. It has
stout branches growing at right angles to the stem, forming a narrow round-topped head.
• Grows rapidly and is tolerant of many soils and varied situations. A 10-year-old tree can be 15-
20 feet tall. Trees may live up to 500 years according to the USDA.
Page 1 of 2
fir,
CITY OF
ASHLAND
• Easily recognized by its relatively thin bark, which feature ridges that appear to have shiny stripes
down the center, is more susceptible to fire.
• Gypsy moth and numerous other insects can attack the Red Oak. Also susceptible to Oak Wilt.
• Leaves when full grown are dark green and smooth, sometimes shining above. In autumn leaves
turn a stunning red color in the fall.
• Local specimen location: Two mature Red Oaks are located on the lawn between the rose garden
and Perozzi fountain in Lithia Park.
Bur Oak (Quercus macrocarpa)
• Native to East and Midwestern US.
• Typically grows from 70 to 80 feet in height, but can be up to 100 feet. Also one of the most
massive oaks with a trunk diameter between 24 and 48 inches in diameter, but can be up to 10 feet.
• One of the slowest-growing oaks with a growth rate of one foot per year when young. A 20-year-
old tree will be about 20 feet tall. Commonly lives to be 200 to 300 years old.
• Cultivated by plant nurseries for use in gardens, parks, and as a street tree. Tolerant of air
pollutants and compacted soils, and is one of the most tolerant trees in urban conditions. Grows
well in full to partial sun.
• Few insects or diseases cause serious damage.
• A fire-resistant tree, and possesses significant drought resistance by virtue of a long taproot.
• Bark is a medium gray and somewhat rugged. The leaves are 3-6 inches long and 2-5 inches
broad, variable in shape, with a lobed margin.
• Flowers are greenish-yellow catkins, produced in the spring. Acorns are very large, 0.8-2 inches
long and 0.8-1.5 in broad, having a large cup that wraps much of the way around the nut.
• Typically grows in the open, away from forest canopy.
• Is a known butterfly attractor.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends the Council choose either of the two recommended trees as the replacement tree
within the Plaza.
SUGGESTED MOTION:
I move selection of a (Red Oak or Bur Oak) to replace the recently deceased tree on the downtown
plaza.
ATTACHMENTS:
Red Oak factsheet including photos (Atchl )
Bur Oak factsheet including photos (Atch2)
Public comment letters (Atch3)
Page 2 of 2
vim O N RC
United States pepartment of Agriculture
Natural Resources Conservation Service
Plant Guide
NORTHERN RED Conservation: Northern red oak is commonly planted
as a landscape tree in eastern North America and
OA T~r Europe used as a shade tree on lawns, parks,
lilt campuses, golf courses, etc, where space is sufficient.
Quereus rubra L. It is fast growing, easy to transplant, tolerant of urban
conditions (including dry and acidic soil and air
Plant Symbol = QURU pollution), the abundant nuts attract wildlife, and the
leaves develop a brick-red fall color. It has been used
Contributed by: USDA NRCS National Plant Data in various rehabilitation projects, including
Center and the Biota of North America Program revegetation of coal mine spoils in states of the east
central United States (Ohio, Indiana, Illinois,
Kentucky, and Pennsylvania).
Status
Please consult the PLANTS Web site and your State
Department of Natural Resources for this plant's
current status, such as, state noxious status and
wetland indicator values.
Description
General: Beech Family (Fagaceae). Native trees
often reaching 20-30 in tall, less commonly up to 50
m Mke Hogan
Trees of Alabama and the Southeast m; bark dark gray or black, shallowly furrowed into
Auburn University broad hard scaly ridges, inner bark reddish to pink;
generally developing a strong taproot and network of
Alternate Names deep, spreading laterals- Leaves are deciduous,
Red oak, common red oak, eastern red oak, mountain alternate, elliptic, 10-25 cm long and 8-15 cm wide,
red oak, gray oak divided less than halfway to midvein into 7-11
shallow wavy lobes with a few irregular bristle-
Uses tipped teeth, sinuses usually extending less than 1/2
Industry: Northern red oak is an important source of distance to midrib, glabrous and dull green above,
hardwood lumber. The wood is close-grained, heavy, light dull green below with tufts of hairs in vein
and hard; it machines well and accepts a variety of angles. Male and female flowers are bome in
finishes. It is used for furniture, veneer, interior separate catkins on the same tree (the species
finishing, cabinets, paneling, and flooring as well as monoecious), the staminate catkins in leaf axiJs of
for agricultural implements, posts, and railway ties. the previous year's growth, the pistillate in 2-many-
flowered spikes in the leaf axils. Acorns maturing in
Wildlife: Northern red oak provides good cover and the second year, about 15-30 cm long, with a broad
nesting sites (including cavities) for a wide variety of usually shallow cup, borne singly or in clusters of 2-
birds and mammals. Deer, elk, moose, and rabbits 5. The common name is in reference to the red fall
commonly browse leaves and young seedlings and foliage color, red petioles, and reddish interior wood.
the acorns are eaten by a wide variety of large and This is a different species from "southern red oak"
small mammals and birds. (Q. falcata).
Ethnobotanic: The acoms of red oak (and other oak Northern red oak is a member of the red oak
species) were an important food source for Native subgroup (subg. Erythrobalanus = sect. Lobatae). It
Americans. To remove bitter tannins, they were hybridizes with related species, including scarlet oak
boiled, leached with ashes, soaked for days in water, (Q. coccinea), northern pin oak (Q. ellipsoidalis),
or buried over winter. Some tribes used red oak bark shingle oak (Q. imbricata), scrub oak (Q. ilicifolia),
as a medicine for heart troubles and bronchial blackjack oak (Q. marilandica), swamp oak (Q.
infections or as an astringent, disinfectant, and palustris), willow oak (Q. phellos), Shumard oak (Q.
cleanser. shumardii), and black oak (Q. velutina).
Plant Materials <http://plant-materials.nres.usda.gov/>
Plant Fact Sheet/Guide Coordination Page <http://plant-materials.nres.usda.gov/intranet/pfs.html>
National Plant Data Center <http://npdc.usda.gov>
Northern red oak is often replaced by more shade-
Variation within the species: There are different tolerant species such as sugar maple and American
interpretations of variation patterns among trees of basswood.
northern red oak. A single species without formally
variants is sometimes recognized, or two varieties Flowering occurs in April-May, during or before leaf
may be recognized, development, while fruiting (August-) September-
October.
Quercus rubra var, ambigua (A. Gray) Fernald
SY= Q. borealis Michx. f. General: Northern red oak generally first bears fruit
SY= Q. rubra var. borealis (Michx. f.) Farw. at about 20-25 years, although most trees do not
produce acorns in abundance until 40-50 years.
Quercus rubra var. rubra Good crops are produced every 2-5 years. In most
SY= Q. maxima (Marsh.) Ashe years, birds, mammals, and insects commonly
SY= Q. borealis var. maxima (Marsh.) Ashe destroy up to 80% of the crop and nearly the entire
crop can be eliminated in poor years. Seeds on the
Var. rubra has a shallow cup, to 3 cm wide, soil surface are particularly vulnerable to rodent
enclosing I/4-1/5 of the nut. Var. ambigua has a predation, and germination frequencies are much
deeper cup, to 2 cm wide, enclosing 1/3 of the nut. higher when a layer of leaf litter covers atoms.
McDougal and Parks (1984, 1986) found evidence of Under natural conditions, acorns generally germinate
correspondence between morphological types and in the spring after over-wintering breaks dormancy.
flavonoid cbemotypes but the evolutionary status and
geographic distribution of these have not been Germination and seedling establishment may be
worked out in detail. successful in full and partial shade, but early growth
is reduced by shade, poor soil, and competing
Distribution herbaceous vegetation. Seedlings in mature stands
Northern red oak is widely distributed throughout may be present in large number, but few survive
much of the eastern United States and southeastern more than a few years or grow to more than 15-20
Canada. It grows from Quebec, Ontario, Nova cm in height. Under optimal conditions, northern red
Scotia, and New Brunswick southward to oak is fast growing and trees may live up to 500
southwestern Georgia, Alabama, northern years.
Mississippi, northern Arkansas, and eastern
Oklahoma. Northern red oak extends westward Seedlings, saplings, and small poles of northern red
through Minnesota and Iowa, south through eastern oak can sprout if cut or bumed. Although young
Nebraska and Kansas to eastern Oklahoma. It occurs oaks typically stump sprout readily, older and larger
locally in eastern and southwestern Louisiana and individuals also may sprout.
western Mississippi. For current distribution, please
consult the Plant Profile page for this species on the Management
PLANTS Web site. The tight, relatively thin bark of northern red oak
makes the trees more susceptible to fire damage than
Establishment in species of oak with rougher, corkier bark. Apart
Adaptation: Northern red oak commonly grows on from immediate mortality, damaged basal cambial
mesic slopes and well-drained uplands, less tissue permits the entry of insects and heart-rot decay
commonly on dry slopes or poorly drained uplands, that may ultimately kill the tree. Even so, northern
at (0-) 150-1800 meters in elevation. It typically red oak is adapted to periodic fire, which is integrally
grows on lower and middle slopes, in coves, ravines, associated with oak forests. Older, larger individuals
and on valley floors, most commonly on ITT- and E- often survive fire and seedlings, saplings, and pole-
facing slopes and on clay, loam, and sandy or sized individuals commonly sprout vigorously from
gravelly soils. Best growth is in full sun and well the stumps or root collar after being top-killed by
drained, slightly acidic, sandy loam. It occurs as a fire. Increased fire suppression has favored more
dominant in many natural communities, including shade-tolerant hardwoods and resulted in a decrease
mixed mesophytic and pine-oak. in oaks.
Northern red oak is intermediate in shade tolerance Acorns can maintain viability in controlled storage
but generally unable to establish beneath its own for up to 2--3 years. They should be stratified at 1-3°
canopy. Seedlings usually do not reach sapling or C for several months; those from northern
pole size unless gaps are created in the canopy. populations require the longer period. Growth is best
when sown as soon as ripe into permanent position or Resources Conservation Service (formerly Soil
in an outdoor seedbed protected from predation. Conservation Service) office for more information.
Cuttings obtained from young trees can be rooted if Look in the phone book under "United States
treated with hormones. Transplants of bare root Government." The Natural Resources Conservation
stock are best done in spring. Because of its Service will be listed under the subheading
usefulness and popularity, northern red oak is "Department of Agriculture."
commonly available in ball-and-burlap and in
containers. References
Auburn University 1999. "Trees ofAlabama and the
The gypsy moth and numerous other insects can southeast web site. 001207. School of Forestry and
attack northern red oak, occasionally causing serious Wildlife Science, Auburn, Alabama.
damage. Numerous caterpillars enjoy oak foliage, <httpJ/www.forestry. auburn. edu/samuelson/dendrolo
but feeding damage is usually not severe. Oak gy/>
decline is a serious disease of northern red oak and
has affected the species throughout much of the City of Austin 2000. The oak wilt suppression
central Appalachian region. program. Austin Parks and Recreation, Austin,
Texas. <http://www.Gi.austin.tx.us/oakwilt/>
Oak wilt Accessed September 2000.
Northern red oak is susceptible to oak wilt, a fungal
disease that invades the water-conducting vessels and Johnson, J. & D. Appel 2000. Eight step program to
plugs them. As water movement is slowed, the oak wilt management. Department of Plant
leaves wilt and rapidly drop off the tree. The disease Pathology & Microbiology, Texas A&M University,
begins with a crinkling and paling of the leaves, College Station, Texas.
followed by wilting and browning from the margins <http://Cygnus.tamu.edu/Texlab/oakwilt.html>
inward. Necrosis may be strongest along the veins or Accessed September 2000.
between them. The symptoms move down branches
toward the center of the tree and the tree may die McDougal, K.M. & C.R. Parks 1986. Environmental
within 1-3 months, although some diseased trees and genetic components of flavonoid variation in red
may survive up to a year. The disease may be spread oak, Quercus rubra. Biochem. Syst. Ecol. 14:291-
by insects (primarily beetles) or pruning tools, but 298.
most of the tree loss in oak wilt centers results from
transmission through root spread between adjoining McDougal, K.M. & C.R. Parks 1984. Elevational
trees. A trench (dug and then immediately filled) variation in foliar flavonoids of'Quercus rubra L.
between neighboring trees severs the roots and (Fagaceae). Amer. J. Bot. 71:301-308.
prevents fungus spread. Dead and infected trees must
be destroyed - once a tree has become infected, there Nixon, K.C. and others 1993. Quercus. Pp. 445-506,
is little chance to save it. The wood may be used for IN: Flora of North America, North of Mexico. Vol. 3.
firewood provided it is debarked or covered and Oxford Univ. Press, New York.
sealed during the spring and summer (Johnson and <bttp://bua.huh_harvard.edu/cgi-
Appel 2000; Roberts 2000; Wisconsin Dept. of bin/Flora/flora.pl?FLORA-1D=12395> Accessed
Natural Resources 2000; City of Austin 2000). September 2000.
This disease most seriously infects species of the red Roberts, D.L. 2000. Oak wilt: A threat to red oaks.
oak group (including black and live oaks). Overcup Michigan State University Extension Website.
oak, bur oak, white oak, and other members of the <http://www.msue.msu.edti/reg_se/oalcwilt/>
white oak group are not as susceptible and can be Accessed September 2000.
planted in oak wilt centers. Oak wilt has reached
epidemic proportions in Texas and in the mid-West Sander, I.L. 1990. Quercus rubra L. Overcup Oak.
from Iowa and Minnesota through Michigan and Pp. 727-733, IN: R.M. Burns and B.H. Honkala.
Wisconsin into Ohio, West Virginia, and Silvics of North America. Volume 2. Hardwoods.
Pennsylvania. USDA Forest Service Agric. Handbook 654,
Washington, D.C.
Cultivars, Improved and Selected Materials (and <http://willow.nefes.umn.edu/silvics_manual/Volume
area of origin) 2/Quercus/rubra.htm> Accessed September 2000.
These plant materials are somewhat available from
commercial sources. Contact your local Natural
Tinnenstein, D.A. 1991. Quercus rubra. 1N: W.C.
Fischer (compiler). The fire effects information
system [databasej. USDA Forest Service,
Intermountain Research Station, Intermountain Fire
Sciences Laboratory. Missoula, Montana.
<http://www.fs.fed.us/database/feis/plants/tree/queru
b/> Accessed September 2000.
Wisconsin Dept. of Natural Resources 2000. Oak
will in Wisconsin: Biology and management.
Wisconsin DNR Website.
<http://www.dnr.state.wi.us/org/land/forestry/fh/dise
ases/oakwilt.htm> Accessed September 2000.
Prepared By
Guy Nesom
Formerly BONAP, North Carolina Botanical Garden,
University of North Carolina, Chapel Hill, North
Carolina
Species Coordinator
M. Kai Anderson
USDA, NRCS, National Plant Data Center, c/o Plant
Sciences Dept., Davis, California
Revised: 19jun02 jsp; 29may03 ahv; 060809 jsp
For more information about this and other plants, please contact
your local NRCS field office or Conservation District, and visit the
PLANTS Web site<_WJ/plants.usda.eov> or the Plant Materials
Program Web site <btip://Plant-MdeTials.nres.usda eov>
The U.S. Department of Agriculture (USDA) prohibits
discrimination in all its program and activities on tire basis of
race, color, national origin, sex, religion, age, disability, political
beliefs, sexual orientation, and marital or family status. (hot all
prohibited bases apply to all programs.) Persons with disabilities
who require alternative means for communication of program
irrfornration (Braille, large print, audiotape, etc.) should contact
USDA'sIARGE7`Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination x°rite USDA Director. Office
of Civil Rights, Room 32641; Yi7utien Building, 14th and
Indeperulence Avenue, Sll; Washington, DC 20250-9410 or call
202-720-5964 (voice or TDD). USDA is an equal opportunity
provider and enrplgver.
Read about Civil Rights at the Natural Resources Conservation
Service.
Quercus rubra Fact Sheet http://dendro.cnre.vLedu/dendrology/syllabus/factsheet.cfin?ID=38
Departraent of
Virgin iaTech
•
northern red oak Fagaceae uercus rubra L. Tre
symbol: QURU
Leaf. Alternate, simple, 5 to 8 inches long, oblong in shape with 7 to 1 I bristle-tipped lobes, sinuses extend 1/3 to 1/2 of the way to
midvein, generally very uniform in shape, dull green to blue-green above and paler below.
Flower: Species is monoccious; males in yellow-green slender, hanging catkins, 2 to 4 inches long: females are borne on short axiliary
spikes, appearing with the leaves in spring.
Fruit: Acorns are 3/4 to 1 inch long and nearly round; cap is flat and thick, covering about 1/4 or less of the acorn, resembling a beret;
matures in 2 growing seasons, in late summer and fall.
Twig: Quite stout, red-brown and glabrous; terminal buds multiple, quite large, conical, and covered with red-brown, mostly hairless
scales but terminal scales may bear some frosty pubescence.
Bark: On young stems, smooth; older bark develops wide, flat-topped ridges and shallow furrows. The shallow furrows form a pattern
resembling ski tracts.
Form: A medium sized to large tree that reaches up to 90 feet tall, develops a short trunk and round crown when open grown, straight
with a clear, long bole when grown with competition.
Looks like: pin oak - black oak -,scarlet oak - Shumard oak
Additional Range Information: External Links:
Quercus rubra is native to North USDAFS Silvics of North 0 Copyright 2014, Virginia Tech
Dept, of Forest Resources
America. Range may be expanded by America and Environmental Conservation,
planting. See states reporting northern USDAFS Additional Silvics all rights reserved.
red oak. Landowner Factsheet Photos and text by: John Seiler,
More: Fall Color Wood USDA Plants Database and John Jensen, Peterson Alex Niemiera
and John
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United States Department of Agriculture Plant Guide
Natural Resources Conservation Service
BUR OAK Ornamental: Probably too large for the average home
landscape; however bur oak makes for an excellent park
QueYCUS maeYOCaYl'na or large area tree (Dirr 1998).
Michx. Status
Plant Symbol = QUMA2 Please consult the PLANTS Web site and your State
Department of Natural Resources for this plant's current
Contributed by: USDA ARCS Plant Materials Center, status (e.g., threatened or endangered species, state
Manhattan, Kansas, Kansas State University, Manhattan, noxious status, and wetland indicator values).
Kansas, and USDA NRCS National Plant Data Center & Description
the Biota of North America Program General: A member of the Beech Family (Fagaceae), bur
oak is a medium-sized to large tree, typically grows from
70 to 80 feet in height but can grow to 100 feet or more
on better sites, with a massive trunk 2 to 3 feet in
diameter and a broad, rounded crown of stout branches
(Dirr 1998; Fowles 1965). The national Registry of Big
Trees reports a specimen in Kentucky that is 99 feet tall
and has a circumference of 295 inches and a crown spread
of 127.5 inches (American Forests 2012). Shrubbier
forms are found on bluffs and hillsides in the northwest
part of the tree's range (Nixon 1993); branches and
branchiets with corky-winged projections.
The leaves are variable on the plant, alternate, deciduous,
re
x 2 to 6 inches wide and 4 to 10 inches long; shape is ovate
to oblong; mostly obovate shaped like a fiddle tapering
u w to a wedge-shaped base, widest above the middle, with 2-
"xi
~3~ a+, _ u La "r'_~'' : y 3 rounded lobes on upper half of leaf and 5-7 deeper
Figure 1. Bur oak planted as a yard tree. lobes on lower half of leaf, dark green above, gray-green
John Ad Row, USDA NRCS, ,Manhauan, KS below, turning yellow or brown in fall (Barkley 1986;
Harlow et al. 1979; Stephens 1969).
Alternate Names
Blue oak, mossycup oak, mossy-overcup oak, scrub oak
Uses
Industry: Bur oak wood is used for railroad ties,
cabinetry, and tight cooperage --barrels, hardwood
flooring, and fence posts. Main sources of trees for
timber are Iowa and Illinois bottomlands. The wood is -
sometimes marketed as `white oak' (Panshin and
deZeeuw 1980).
Wood characteristics: The wood of bur oak is heavy to Iigures 2 nd 3. Leaves deciduous, alternate, obovate, and
very heavy, hard to very hard (specific gravity 0.55-0.64 shaped like a fiddle, tapering to a wedge-shaped base;
green and 0.66-0.79 ovendry), without odor or taste, and branches and branchlets with corky-winged projections.
straight grained; tight cooperage (good for barrels). Ohio Division of Nalw-al Resources, Division of Forestry
Sapwood is whitish and heartwood light reddish (Panshin
and deZeeuw 1980). It is susceptible to breakage at the The stout twigs, yellowish brown, usually pubescent after
crotch due to poor collar formation (Gilman and Watson the second year with conspicuous, corky branches after
1994). the first year on some trees. Bark light gray-brown, thick,
rough, low ridges separated by shallow furrows into scaly
plates, and vertical flattened ridges (Dirr 1998; Stephens
1969).
The inconspicuous flowers emerge shortly after the leaves Ethnobotany
appear, late April to mid-June. Male and female flowers Native Americans used the inner bark to make decoctions
are borne in separate catkins on the same tree on the with astringent properties to treat various maladies such
current year's branchlets. Male catkins have greenish- as cramps, diarrhea, wounds and sores, hemorrhoids,
brown flowers; female are with green scales and tinged heart and lung trouble, suppress menses caused by a cold,
with red. Even though bur oak is monoecious, pollen poison oak, and insect bites. A compound containing
from one tree appears to germinate better on the stigmas wood and inner bark was used to expel pinworms. The
of another favoring cross pollination (Fowells 1969; large acorns were often roasted in ashes or boiled to
Johnson 1990), remove the bitter taste and prepared in various ways for
human consumption. Young growths were used by a
Fruit is solitary and variable in size. The acom matures in number of tribes to make popgun pistons (Moerman
the first year and is'/. to 1 ~/z inch long and %2 is enclosed 1998).
with a deep cup which is conspicuously fringed on the
margin (Dirr 1998). The common name (bur) is in Wildlife: The acorns are eaten by many birds and
reference to the cap-covered acorn. It has the largest mammals, including squirrels, rabbits, ground squirrels,
acorns of all native oaks. Acorns mature in one growing mice, deer, black bear, wild turkey, wood ducks, flickers,
season and drop from the tree August through November. woodpeckers, and blue jays. They are dispersed by
Acorns germinate shortly after seedfall and require no rodents and blue jays, which frequently cache the acorns
cold stratification. Acorns on more northern trees may for later use. Bur oak is browsed by deer, elk, moose, and
remain dormant and germinate the following spring cattle. Red-tailed hawks, screech owls, fox squirrels, and
(Johnson 1990). flying squirrels nest in large trees of bur oak (Fowells
1965; Johnson 1990; Gucker 2011).
Figure A. The
acorn enclosed in a Conservation: Bur oak is tolerant of city smoke and other
deer, cup air pollutants and of soils that are compacted, sandy,
conspicuously and/or of high pH - it is commonly planted as a shade tree
fringed on the
margin in many urban areas of the United States. The trees
.
become large and are suited for lawns and other open
areas, including golf courses, parks, large islands, and
fields. They also are useful in rehabilitation of degraded
strip-mine sites and have been widely planted in
windbreak and shelterbelt systems because of their
drought tolerance. A deep tap root system penetrates to
lowered water tables during the dry periods. They are
used in riparian forest plantings (Johnson 1990).
According the National Register of Big Trees, removal of
John M Row, USDA NRCS a bur oak tree 60 feet tall and 105 feet wide with a
circumference of 322 inches would cost $3456.39 to
Variation within the species: Two varieties are replace the storm water control service it provides. This
commonly recognized within the species. same tree removes 19.56 lbs. of nitrogen, sulfur, ozone
and particulate matter every year (American Forests
Var. depressa (Nutt.) Engelm. (Q. mandanensis Rydb.) 2007).
- mostly along the western margin of the Great Plains;
small trees or shrubs with smaller and less fringed cups Distribution: Bur oak grows naturally throughout much
and corky twigs. of the north-central United States and the eastern Great
Plains. It occurs from extreme southeastern
Var. macrocarpa - over most of the species range; Saskatchewan, southern Manitoba, southwestern and
trees with large thick cups. southeastern parts of Ontario, to New York's Finger
Lakes Region and southwestern Quebec, to central Maine
Bur oak is a member of the white oak subgroup (subgenus and New Brunswick, scattered regions in New England,
Lepidobalanus) and hybridizes with various related most of Ohio, southern half of Michigan westward to the
species, including white oak (Q. alba), swamp white oak Dakotas and extreme northeastern Wyoming, central
(Q: bicolor), overcup oak (Q. lyrata), swamp chestnut oak Nebraska and Kansas, south to Tennessee, Arkansas, and
W. michauxir), chinkapin oak (Q. muehlenbergir), post the central prairies of Texas - with rare outliers in
oak (Q. stellata), live oak (Q, virginiana), and Gambel's Louisiana, Mississippi, and Alabama (Fowells 1965). For
oak (Q. gambelia) (Johnson 1990). current distribution, please consult the Plant Profile page
for this species on the PLANTS Web site.
Habitat: Bur oak grows in a range of habitats and Bur oak is hardy in USDA Winter Hardiness Zones 4 to S.
moisture regimes - fi-otn prairies to valley floors and
upland woods. It is a pioneer or early sera] species at Establishment
prairie margins, and savannas. Most natural seed germination occurs during the fall
(directly after maturation) and unless germination is rapid,
few seeds survive predation by insects, small birds, and
mammals- Litter-covered acorns appear to be more
vulnerable to rodents, insects, and fungus.
1? One-year old, bare root seedlings, 12 to 18 inches tall are
used in plantings. Survival is generally good. Initial
growth is centered on root development. Two to three
years after planting, top growth should average 8 to 12
inches annually with good weed control. Planting in
a r', rn k~ windbreak rows should be spaced 10 to 18 feet apart and
~ 20 to 24 feet between adjacent rows (Kansas Forest
` Service 2010).
{ a i f Although strong and rapid development of the taproot
contribute to difficulty in transplanting, bur oak saplings
f # can be obtained in ball-and-burlap and they may be
transplanted as young plants from containers. Transplants
are best made in spring.
t y; > k The taproot of young bur oaks rapidly penetrates into the
soil, sometimes growing more than 41h feet deep in the
first growing season. This early root development, along
Figure 5, The light gray-brown hark is thick and rough. with high water-use efficiency, may explain why bur oak
John M Row, USDA NRCS Manhattan, KS can pioneer on droughty sites and can successfully
establish itself in competition with prairie shrubs and
Adaptation grasses (Fowells 1965).
The trees are slow-growing but long-lived and may reach
ages of 300 to 400 years old with some trees to 450. It is Management
classified as intermediate in tolerance to shade (Fowells Bur oak bark is thick and fire-resistant and larger trees
1965). often survive fire. Grass fires often kill only seedlings
and young trees, but even seedlings may survive unless
Bur oak has declined on savannas and prairies due to fires occur at short intervals or with enough intensity of
grazing and fire suppression. It is not resistant to flooding heat. Top-killed smaller trees (or those mechanically
(Johnson 1990), although mature bur oak in the Missouri damaged) sprout vigorously from the stump or root crown
and Mississippi flood plains withstood up to 8 weeks after fire. In areas of frequent fire and strong herbivore
inundation during the Great Flood of 1993. Young trees browsing, the underground portions may be much older
planted in the Missouri River Flood Plain in 2000-2001, and more extensive than the continually resprouting aerial
were approximately 9 feet tall when inundated by up to 8 portions. Where fire suppression is prevalent, bur oak
feet of water during the 2008 Flood (Cordsiemon 2012). communities may be replaced by more shade-tolerant
maple-basswood forests (Gucker 2012).
It grows quickly on moist, rich bottomlands, but is
relatively intolerant of flooding during the growing Pests and Potential Problems
season; bur oak can only survive flooding or saturated Few insects or diseases cause serious damage to bur oak.
soils 30 consecutive days (Tang and Kozlowski 1982). At Reported insect problems include oak webworm (Archips
the north and west ends of its range, where bur oak occurs fervidana), oak skeletonizer (Bucculatrlx ainsliella),
on rocky bluffs with thin soil and where repeated fire also solitary oak leaflniner (Cameraria hamadryadella) and
may be common, it commonly grows as small trees or gregarious oak leafminer (C. Cincinnatiella), variable
thickets of low shrubs. Young plants grow well in full oakieaf caterpillar (Heterocampa manteo), and June
sun to partial sun. It is one of the most drought resistant beetles (Johnson 1990). Oak laeebug (Corythucha
of the North American oaks (Johnson 1990). It is often arcuata) may heavily defoliate bur oaks in shelterbelt
associated with calcareous soils. It has high aerosol salt plantings, especially during dry weather.
tolerance and good soil salt tolerance (Gilman and
Watson 1994). Acorn-inhabiting curculionid weevils of the genera
Conoirachelus and Cureurlio cause the most damage to
acorns. Two species of Conotrachelus, C. naso and C. habit under windbreak conditions. It performs well in dry
posticatus infest bur oak acorns (Gibson 1971). areas.
Oak wilt (Ceratoeystis fagacearum) is a less serious `Lippert' bur oak, released in 1993 by the Manhattan,
problem in bur oak than in species of red oak, but the Kansas PMC, is a seed propagated cultivar. It is
disease sometimes spreads through root grafts of adjacent recommended for conservation use in multi-row
trees, and entire groves have been killed by the gradual windbreaks, reforestation for watershed protection, and
expansion of the disease from one center of infection, wildlife habitat plantings. Lippert's deeply furrowed bark
Bur oak is susceptible to attack by the cotton root rot and bright green foliage make it an attractive tree for
(Phymatotrichum omnivorum) and Strumella canker farmsteads.
(Strumella coryneoidea). Other pathogenic fungi have
been recognized (Johnson 1990). Ekalaka Germplasm bur oak is a Selected Class pre-
varietal selection of bur oak released by the Bridger,
Environmental Concerns Montana PMC in 2009. It was selected for more rapid
None known growth in height, higher percentage seedling survival, and
better vigor. It is recommended for various conservation
Seeds and Plant Production applications such as windbreaks, shelterbelts, riparian
Trees as young as 5 years of age began producing acorns forest buffers, Xeriscapes® woody draw restoration
in a spaced plant nursery where 20% of the trees from 20 projects, and wildlife plantings.
different sources. Acorn production ranged from heavy to
light in the provenance test at Manhattan, Kansas (USDA Bur oak seed is readily available through commercial seed
NRCS, Unpublished Data). For forest trees the minimum sources in the central and western US. Seedlings can be
seed-bearing age is 35, with optimum seed production purchased from both state and commercial nurseries.
occurring between 75-150 years, and trees are known to Foundation seed of Plant Materials program selections is
produce seed up to 400 years. Abundant acorns are available by contacting the releasing PMC or respective
produced every 2-3 years, with light crops in the intervals Plant Materials Specialist.
(Fowells 1965).
References
American Forests, National Register of Big Trees: bur
oak, Quercus macrocarpa [online:cited January
2007].
American Forests, National Register of Big Trees:
Quercus macrocarpa
(http://americaforests.org/resources/bigtrees/quercus-
macrocarpa-5n. [online:cited April 2012].
' Barkley, T. ed. 1986. Flora of the Great Plains. 1986.
Univ. Press of Kansas. Lawrence. 1392p.
Cordsiemon, R. 2012. Personal Communication. USDA
NRCS Elsberry Plant Materials Center.
Figure 6. Five year old `Lippert' bur oak produced some 40 Dirr, M. A. 1998. Manual of Woody Plants: Their
acorns. John M. Row. USDA NRCS, Manhattan, KS identification, Ornamental Characteristics, Culture,
Propagation and Uses. 821-822. Stipes Publishing
Bur oak may be transplanted or it is easily propagated L. L. C. Champaign I.L.
from seed. Seed should be stored over winter in a cool, Fowells, H. A. 1965. Silvics of Forest Trees of the
moist place at 1-4°C. Germination frequency may be United States. Agriculture Handbook No. 271.
enhanced by stratifying 30-60 days at 1-5°C but USDA Forest Service, Washington, DC.
stratification is not required for germination, except for Gibson, L. P. 1971. Insects of bur oak acorns. Annals of
var. oliviformis, which typically germinates during the the Entomological Society of America.
spring. Most natural seed germination occurs during the Gilman, E. F. and D. G. Watson. 1994. Quercus
fall (directly after maturation) but seed may he planted in macrocarpa. Fact Sheet ST-551.. U.S. Forest
either the spring or fall. Seeds should be planted to 1 '/4 Service. Southern Group.
inches deep, in groups of 2-3, spaced at roughly 6 foot Gucker, Corey L. 2011. Quercus macrocarpa. In: Fire
intervals (Kansas Forest Service 2010). Effects Information System, [Online]. U.S.
Department of Agriculture, Forest Service, Rocky
Cultivars, jmproved, and Selected Materials (and area Mountain Research Station, Fire Sciences Laboratory
of origin) (Producer). Available:
`Boomer' bur oak was released in 1994 by the James E. http://www.fs.fed.us/database/feis/ [online:cited
"Bud" Smith PMC. Collected from Custer Co., November 2012].
Oklahoma, Boomer was selected for its growth rate and
Harlow, W. H., E. S. Harrar, and F. M. White. 1979. For more information about this and other plants, please
Textbook of Dendrology . Sixth Edition. McGraw- contact your local NRCS field office or Conservation
Hill Book Co. 51Op. District at http://www.nres.usda.gov/ and visit the
Johnson, P. S. 1990. Quercus macrocarpa Michx. Bur PLANTS Web site at http://plants.usda.gov/ or the Plant
Oak. Pp. 686-692, IM R. M. Burns and B. H. Materials Program Web site http://plant-
Honkala. Silvics ofNorthAmerica- Volume 2. materials.nres.usdagov.
Hardwoods. USDA, Forest Service Agric. Handbook
654, Washington, D.C. PLANTS is not responsible for the content or availability
Kansas Forest Service. Bur oak. (http//www- of other Web sites.
Kansasforests.org/pubs/conservation/index.shtm]).
[online: cited July 2010].
Moerman, D.E. 1998. Native American Ethnobotany. Ka words: ords: bur oak, Quercus, Quercus macrocarpa,
Timber Press. Portland. London. 927pp. fire-resistant, large tree, long-lived tree, drought tolerant
Nixon, K.C. and others 1993. Quercus. Pp. 445-506, IN:
Flora of North America, North of Mexico. Vol. 3.
Oxford Univ. Press, New York, New York.
Ohio Division of Natural Resources, Division of Forestry
Bur oak (Quercus macrocarpa),
http://www.ohiodnr.com/forestry/trees/oak_bur/tabi d/
5390/Default.aspx [online: cited July 20101.
Panshin, A: J. and C, deZeeu. 1980. Textbook of ivood
technology, 0 Edition. McGraw-Hill Series in Forest
Resources. McGraw-hill Book Co., New York. 722p.
Stephens, H.A. 1969. Trees, shrubs, and woody vines in
Kansas. Univ. of Kansas Press. Lawrence. 250p.
Tang, Z. C. and T. T. Kozlowski 1982. Some
physiological and morphological responses of
Quercus macrocarpa seedlings to flooding. Can. J.
For. Res. Vol. 12: 196-202.
USDA MRCS. Unpublished Data. Bur oak (Quercus
macrocarpa Michx.) seed source study. Manhattan
Plant Materials Center, Manhattan, KS.
Prepared By:
John M. Row, Plant Materials Specialist
NRCS Plant Materials Center
Manhattan, KS 66502
Wayne A. Geyer, Professor
Forestry Division, Kansas State University
Manhattan, KS 66506
Guy Nesom, Formerly BONAP, North Carolina Botanical
Garden, University of North Carolina, Chapel Hill, NC
27599
Citation
Row, J. M., W. A. Geyer, and G. Nesom. 2012. Plant
Guide for bur oak (Quercus macrocarpa Michx.).
USDA-Natural Resources Conservation Service,
Manhattan, KS 66502.
Published November 2012
Edited:
USDA IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
Quercus macrocarpa Fact Sheet http://dendro.cnre.vt.edu/dendrology/syllabus/factsheet.cfm?ID=72
Department of
9
• •
~n F4j"or, Forest Resources and Environmental bur oak Fagaeeae uerct macrocarpa Michx.
symbol: QUMA2
Leaf: Alternate, simple, 6 to 12 inches long, roughly obovate in shape, with many lobes. The two middle sinuses nearly reach the midrib
dividing leaf nearly in half. The lobes near the tip resemble a crown, green above and paler, fuzzy below.
Flower: Species is monoecious; male flowers are yellow-green, borne in long, drooping slender catkins, 2 to 4 inches long; female
flowers are green tinged in red and appear as single, short spikes, both appear shortly after the leaves.
Fruit: Acorns are quite large (l 1/2 inches long) and 1/2 enclosed in a warty cap that has a long-fringed margin, maturing in one
growing season in late summer and fall.
Twig: Quite stout, yellow-brown, often with corky ridges; multiple terminal buds are small, round and may be somewhat pubescent
often surrounded by thread-like stipules; laterals are similar, but smaller.
Bark: Ashy gray to brown in color and quite scaly, but noticeably ridged vertically on large trees.
Form: A large tree that often reaches over 100 feet tall with a long clear bole. In the open it becomes a very wide, spreading tree.
Looks like: white oak - overcup oak - post oak - sand post oak
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Additional Range Information: External Links:
Quercus macrocarpa is native to North USDAFS Silvics of North O Copyright 2014, Virginia Tech
Dept. of Forest Resources
America. Range may be expanded by America and Environmental Conservation,
planting. See states reporting bur oak. USDAFS Additional Silvics all rights reserved.
More: Fall Color Landowner Faetsheet Photos and text by: John Seiler,
Edward Jensen, Alex Niemiera,
USDA Plants Database and John Peterson
Horticulture
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Zimbra pinam@ashland.or.us
Tree replacement in the square
From : Jim Falkenstein <falkenprops@gmail.com> Thu, Oct 09, 2014 09:41 PM
Subject : Tree replacement in the square
To : neffrussell@hotmail.com, pinam@ashland.or.us,
caseyprolandtreecare@gma il.com,
papkenny66@yahoo.com, gtrunnell@mates.org
I found the tree commission meeting tonight very interesting and intelligently
pursued. Thank you for allowing me to attend.
Regarding the choice of a Red or Bur Oak as a replacement for the dead tree in the
square, might I suggests these supporting facts.
In addition to tolerance for compacted urban soil and rapid yearly growth -
- In 2004 the United States Congress, sponsored by The Arbor Day Foundation,
passed legislation declaring The Oak as our National Tree. If it's good enough for
America, isn't it good enough for Ashland?
- In Greek mythology, the oak is the tree sacred to Zeus, king of the gods. In
Zeus's oracle in Dodona, Epirus, the sacred oak was the centerpiece of the precinct,
and the priests would divine the pronouncements of the god by interpreting the
rustling of the oak's leaves. Maybe our oak's leaves can be used to interpret the spirits
and pronouncements and such!
- The Bur Oak is a know butterfly attractor. Who doesn't want more butterflies?
- The Red Oak is called the "Red" Oak for its stunning red coloring in the fall. Beats
the hell out of the "Dirt Colored" Oak.
- In Norse mythology, the oak was sacred to the thunder god, Thor. Thor's Oak was
a sacred tree of the Germanic Chatti tribe. All we need to do is get an
Ashland Thunder God and this oak can be his sacred tree!
- The Oak was a primary source of sustenance for Native Americans on our continent
for thousands of years. Don't we want to pay some tribute to our Native American
fore bearers?
So I'm just throwing some superficial augmentations to your recommendation of a
tree for the square so that when someone down the line claims that "lateral
considerations weren't made about the cultural importance and symbolism of the
tree", you can claim otherwise.
1 of 2 10/14/2014 4:1.4 PM
Zimbra https://zimbra.ashland.or.us/zimbra/b/Printfnessage?id=43791
That said, I'd prefer a Ginko biloba tree. Male. Not sure which cultivar works well in
Ashland, but I like the leaves. Half the products at The Ashland Coop already have
Ginko in them so it's a fun and easy sell to the locals. And... I like the leaves. It's a
living prehistoric fossil. No living relatives! (luckiest organism ever). Disease and insect
resistant, and... cool leaves.
Just a few thoughts, keep up the good work
Jim Falkenstein
2 of 2 10/14/2014 4:14 PM
Zimbra htfps://ziinbra_ashland.or.us/zimbra/b/printmcssage?id-43659
Zimbra pinam@ashland.or.us
Fwd: Tree replacement on plaza
- -
From : Mary Ann & Ken <mkbergman@q.com> Fri, Oct 03, 2014 09:37 PM
Subject : Fwd: Tree replacement on plaza"
To : michael pina <michael.pina@ashland.or.us>
Reply To : Mary Ann & Ken <mkbergman@q.com>
Begin forwarded message:
From: Mary Ann & Ken <mkbergmanPq.com>
Date: October 3, 2014 8:55:04 PM PDT
To: michael.pina@ashland.or.us
Subject: Tree replacement on plaza
Reply-To: Mary Ann & Ken <mkbergman@q.com>
Dear Michael Pina:
We recommend that a tree with colorful autumn foliage, similar to the
deceased maple, be planted in this spot. Another, more durable, maple
variety would be the best choice. Maples are far and away the most
colorful trees in autumn. We don't know how bur or red oaks stack up for
fall color, but most oaks are not all that colorful, being more rust than
brilliant red. The dead maple was a brilliant highlight on the plaza in
autumn, so lets replace it with an equally colorful tree.
Sincerely,
Mary Ann & Kenneth Bergman
mkbergman@g.com
525 A Street, #5
Ashland, Oregon 97520
1 of 1 10/14/2014 4:14 PM
CITY OF
-ASHLAND
Council Communication
October 21, 2014, Business Meeting
Consideration of a Resolution for the City of Ashland to Provide
a City Building Two Nights per Week as a Winter Shelter
FROM:
Dave Kanner, city administrator, dave.kanner@ashland.or.us
SUMMARY
For the past two years, the City made Pioneer Hall available for a winter shelter for the homeless,
staffed by volunteers from The Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple
Emek Shalom (Temple). RVUUF and the Temple are interested in continuing this partnership during
the coming winter season and this resolution authorizes use of a city building for a winter shelter for
the homeless two nights per week.
BACKGROUND AND POLICY IMPLICATIONS:
On August of 2013, the City Council adopted a resolution allowing the use of Pioneer Hall as a one-
night-a-week winter shelter for the homeless and establishing conditions and policies governing the
use of the building. On September 3, 2013 Council updated the previous resolution to allow for dogs in
the shelter. In December of 2013, Council authorized approval for an additional shelter night. The
shelter was staffed by volunteers from the Rogue Valley Unitarian Universalist Fellowship (RVUUF)
and Temple Emek Shalom (Temple). Nearly all of the conditions and policies in the resolution arose
from recommendations made by the City's risk management staff and our general liability insurance
carrier.
The Temple and RVUUF have verbally indicated a willingness to provide volunteers and take
responsibility for shelter operations this winter if the City provides a building.
FISCAL IMPLICATIONS:
There will be an additional charge of roughly $400 per month for general liability insurance for using a
city facility as a winter shelter. This is the same amount we paid for last winter's shelter. Money was
not specifically budgeted for this purpose in the biennial budget, however the cost has been absorbed
by the Insurance Fund.
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A
SUGGESTED MOTIONS:
I move approval of a resolution titled, "A Resolution authorizing the City of Ashland to provide a city
building for a winter shelter two nights per week though April, 2015."
Page 1 of 2
CITY OF
-ASHLAND
ATTACHMENTS:
Resolution
Page 2 of 2
lam,
RESOLUTION NO. 2014-
A RESOLUTION AUTHORIZING THE CITY OF ASHLAND TO
PROVIDE A CITY BUILDING FOR A WINTER SHELTER TWO NIGHTS
PER WEEK THROUGH APRIL, 2015
RECITALS:
A. Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom
(Temple) wish to partner with the City of Ashland to provide shelter for homeless
community members at a City building two nights per week from November, 2014, through
April, 2015.
B. RVUUF and the Temple will provide volunteers to staff, manage and clean the shelter.
C. The City is willing to provide a building two nights a week to accommodate this proposal in
accordance with the provisions below.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Provision of a Shelter.
Ashland will provide a City building for use as a shelter for homeless community members two
nights per week under the terms and conditions set forth herein.
SECTION 2. Terms and Conditions.
a. This building is offered for the period November, 2014, through April, 2015.
b. Prior to staffing a City-owned facility, volunteers must sign a waiver releasing the City
from liability for any personal injuries to them.
c. The shelter will be staffed by volunteers from RVUUF and Temple who are certified to
staff an overnight shelter. RVUUF and Temple must provide to the Parks and Recreation
Department written assurance that every volunteer who will staff the shelter is certified to
have completed appropriate training on the emergency plan, mental health plan and
emergency communications for the shelter and has passed criminal background checks.
d. Each night of operation of the shelter, at least one male volunteer and one female
volunteer will staff the shelter from 8:00 p.m. to 8:00 a.m. An additional male volunteer
will be required when more than 10 male guests are present. More volunteers may be
required by the City depending on the building to be used. If the minimum number or
qualified volunteers are not available for the entire time, the shelter will not be opened
that night.
e. Shelter occupancy will be limited to 25 guests on a first come, first serve basis.
f. Shelter will open at approximately 7:30 p.m. and close the following morning at 7:30
a.m. Doors will be locked at 10:00 p.m. with no re-entry for any that leave.
g. City insurance requires separate sleeping space be designated for single men, women and
families. Appropriate signage must be displayed that warns against children being left
alone. Buildings must have separate restrooms for men and women.
h. Ashland Parks & Recreation will identify the building to be used and provide access.
The priority from an operational and safety perspective is Pioneer Hall, the Community
Resolution No. 2014- Page 1 of 3
Center and the Grove, in that order.
i. No showers or food service will be made available during the hours of operation.
SECTION 3. Shelter Policies.
Operation of the shelter shall, to the greatest extent feasible, comply with the following
guidelines:
a. Shelter services must be provided with dignity, care, and concern for the individuals
involved.
b. The buildings used as a shelter will comply with City, County and State Building, Fire
and Health Codes, unless exemptions have been obtained from the appropriate agencies,
and must be maintained in a safe and sanitary condition at all times.
c. Upon entering the shelter facility each night, each guest must sign in, and sign an
agreement committing to comply with shelter rules, absolving the City and volunteers of
any responsibility for the security of the guest's personal property, releasing the City and
volunteers from all claims of liability for property damage or personal injury arising from
operation of the shelter or use of the City's building and certifying that he or she is
eighteen years of age, or older.
d. No cooking. Kitchen facilities are to be secured and access is prohibited.
e. No drugs, alcohol, or weapons will be allowed in the shelter property at any time.
f. No pets will be allowed in the shelter, except as described in Section 4, below.
g. No disorderly conduct will be tolerated.
h. No threatening or abusive language will be tolerated.
i. No excessive noise will be tolerated, e.g. loud radios, telephone conversations, etc.
j. Smoking will be restricted to the outdoors in designated areas.
k. All guests should maintain their own areas and belongings in an orderly condition.
1. If a volunteer/staff member accepts any item from a guest for safe keeping at least one
other volunteer/staff member will witness the transaction.
m. Failure to comply with shelter policies may disqualify a guest(s) from future stays.
n. The check-in/check-out process shall be maintained by the volunteers sufficient to ensure
a control of the premises and exiting by guests at 7:30 a.m. to allow cleaning and room
set-up by 8:00 a.m.
SECTION 4. Dogs.
Dogs may be permitted in the shelter under the following circumstances:
a. Shelter volunteers must designate a specific area in the shelter for dogs. The floor of such
area must be covered with thick plastic.
b. Dogs must remain in crates while in the shelter. Crates will not be provided, stored,
repaired or cleaned by the City of Ashland and must be removed from the shelter when it
is vacated.
c. Service dogs are not required to remain in crates but must be leashed while in the shelter.
d. If taken outside for biological needs, dogs must be leashed.
e. Shelter volunteers are to devise and follow procedures to keep dogs away from each other
and other guests as they are being housed for the night and as they exit in the morning.
f. Shelter volunteers must be responsible for cleaning and sanitizing any areas soiled by a
dog or dogs. Such cleaning is to be done to the satisfaction of City facilities maintenance
staff.
Resolution No. 2014- Page 2 of 3
g. Dogs that become threatening to others or are otherwise unmanageable will be required
to leave the shelter.
h. Shelter volunteers must notify Jackson County Animal Control in the event a dog bite
breaks the skin of an emergency shelter guest or volunteer.
SECTION 5. This resolution takes effect upon signing by the Mayor.
This resolution was duly PASSED and ADOPTED this day of , 2014, and
takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of , 2014.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Resolution No. 2014- Page 3 of 3
CITY OF
ASHLAND
Council Communication
October 21, 2014, Business Meeting
Resolution Consenting to the Transfer of Control of Cable Franchisee
FROM:
Ann Seltzer, management analyst, seltzer@ashland.or.us
SUMMARY
Approval of this resolution gives consent to the transfer of control of the current cable franchisee
Falcon Cable Systems II, L.P., a subsidiary of Charter Communications, to Comcast Corporation.
Registration of telecommunication carriers is required in AMC 16.08. The code states that the
appropriate application and license from the Federal Communications Commission qualifies as the
necessary registration information.
The transfer of control will not take effect until Comcast Corporation and Charter Communications
complete their proposed transactions to exchange cable systems and related assets. This is expected to
occur in 2015.
BACKGROUND AND POLICY IMPLICATIONS:
In June of this year, the City received notice that Comcast will provide cable television services in
Ashland pending the exchange of cable systems with Charter Communications. As required by
Federal law, Comcast has submitted to the Federal Communications Commission Form 394 which
serves as their Application for Franchise Authority Consent to Assignment or Transfer of Control of
Cable Television Franchise.
The City has reviewed the materials provided by Comcast and has determined it complies with AMC
16.08.
FISCAL IMPLICATIONS:
None
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council approved the Resolution.
SUGGESTED MOTIONS:
I move approval of a resolution titled, "A resolution consenting to the transfer of control of the cable
franchisee Falcon Cable Systems Company II, L.P. to Comcast Corporation, with conditions."
ATTACHMENTS:
Resolution
Page 1 of 1
~r,
RESOLUTION NO. 2014-
A RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF
THE CABLE FRANCHISEE FALCON CABLE SYSTEMS COMPANY II,
L.P. TO COMCAST CORPORATION, WITH CONDITIONS
RECITALS:
A. Falcon Cable Systems Company II, L.P., a subsidiary of Charter Communications, Inc., is the
Franchisee under a Cable Franchise Agreement approved by the City of Ashland (the "City")
dated February 5, 2004;
B. The original term of the Cable Franchise Agreement has lapsed, and the agreement has been
extended on a month-to-month basis for an indefinite period, subject to termination by either
party at any time.
C. On June 18, 2014, the City received a Federal Communications Commission Form 394
Application by which Comcast Corporation ("Comcast") requested approval from the City of
a proposed transfer of control of the Franchisee to Comcast;
D. Federal law and Section 15.2 of the Franchise authorize the City to review any proposed
transfer of control, including the proposed transaction as described in the Application and as
clarified in answers to questions presented by the City to Comcast;
E. Section 15.2.6 of the Franchise also authorizes the City to condition approval of a transfer
upon such terms and conditions as it deems reasonably appropriate within the legal, financial,
and technical framework provided by the Franchise and federal law; and -
F. The City has reviewed the materials provided by Comcast in the Application and in response
to the City's request for additional information, and the City deems it to be in furtherance of
the public interest and the welfare of its citizens to consent to the transfer request, subject to
appropriate conditions.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Consent to the Transfer of Control. To the extent the Cable Franchise Agreement
granted to Franchisee remains in effect, the City of Ashland hereby consents to the transfer of
control of the Franchisee as set forth in the Federal Communications Commission Form 394
submitted by Comcast, subject to the conditions set forth in Section 2, below.
SECTION 2. Conditions to the Transfer of Control. The approval of the proposed transfer of
control shall not take effect until such time as each of the following conditions is met:
1. Comcast and Charter consummate the proposed transaction described in the Form 394
Application and the subsequent additional information provided to the City by Comcast
with no substantial change in the terms and conditions as described therein.
2. The current Franchisee complies with the terms of the Cable Franchise Agreement at the
time of the transfer of control and any known violations have been corrected prior to the
transfer.
Resolution No. 2014- Page 1 of 2
3. Comcast reimburses the City for its reasonable costs and expenses, including its attorney
fees, incurred as a result of the City analyzing and acting upon Comcast's application for
change of control not to exceed $3,500.
4. Comcast complies with all terms and conditions of the 2004 Cable Franchise Agreement
with the City until the parties enter into a replacement cable franchise agreement.
5. Comcast acknowledges these conditions of approval of the transfer of control in writing
in a form and by a date acceptable to the City.
This resolution was duly PASSED and ADOPTED this day of , 2014, and
takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 12014.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Resolution No. 2014- Page 2 of 2