HomeMy WebLinkAbout2017-022 Contract - Huether - Theater Corridor Art
CONTRACT FOR PERSONAL SERVICES
THEATER CORRIDOR PUBLIC ART PROJECT
This is a contract ("Agreement"), between Gordon Huether + Partners, Inc ("Artist") and the City of Ashland,
("City") for the creation, fabrication and installation of an original public art work ("Work") on the site known
as the Theater Corridor ("Site").
RECITALS
A. The Artist is an internationally recognized artist.
B. The City wishes to commission the Artist to develop two concepts for consideration by the City for the
Theater Corridor. If for any reason both concepts are disapproved, the Agreement shall terminate on the
date of such disapproval, and the subsequent obligations of the parties shall be those set forth in
paragraph 9 of the Agreement.
C. Based on the approved concept, the Artist will create, fabricate and install public art based on the
approved concept for the Theater Corridor.
D. The Artist and the City wish to have the project governed by the mutual obligations, covenants, and
conditions herein and in the Agreement.
NOW THEREFORE, in consideration of the mutual promises set forth herein, each of the parties hereby agrees
as follows:
1. Work to Be Performed
1.1. Artist will develop two original public art concepts for the Theater Corridor in compliance with the
Timeline set forth in paragraph 2.
1.1.1. During the design of the two concepts, Artist will, with reasonable advance notice, be
available for meetings and consultation as needed with the City. If these meetings
are in addition to the meetings specified in 1.2 and 4.3, they will be conducted
though video conference, phone conference or other long distance technology.
1.1.2. Artist will provide digital renderings, digital models and/or physical models of the two
concepts as needed for comprehension.
1.2. Artist will present the two concepts in person at two separate meetings in Ashland at venues selected by
the City.
1.3. If the Public Art Commission City Council declines to approve both concepts, the Agreement shall
terminate on the date of such decision, and Artist shall be compensated all services performed under
this Agreement prior to the termination date.
1.4. If one of the concepts is approved by both the Public Art Commission and the City Council, Artist will
create and install the approved design concept in compliance with the Timeline set forth in paragraph
1.4.1. Design Details. Prior to beginning fabrication of the Work Artist shall submit to the City a
detailed design of the approved concept which will include:
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❑ Technical drawing showing component parts of the work and attachment points,
including hardware if applicable;
❑ Material samples and material data sheets where applicable;
❑ Technical installation drawing showing anchoring system to foundation, footing, and/or
attachment point, including hardware;
❑ Anticipated routine maintenance (occurring at less than five-year intervals);
❑ Life expectancy of installed Work;
❑ Information on fabricator; and
❑ Timeline, including project schedule for structural engineer's stamp, purchase of
materials, required permits and installation, and all required documentation to be
submitted at 60% completion and 90% completion for review and approval.
1.421. Refinements. Artist will provide the City the opportunity for two refinements of the chosen
concept. For these refinements, Artist will provide digital renderings, digital models and/or
physical models as needed for comprehension.
1.4.3. Construction Documents. Prior to fabrication of Work, Artist shall provide an original set of
stamped structural engineer's drawings, specifications, and analysis from a licensed
structural engineer, which will include at a minimum the following:
❑ Structural integrity of Work;
❑ Attachment of Work to the base footings;
❑ Structural integrity of the mounting structure; and
❑ Analysis of all required loadbearing conditions.
1.4.4. Pre-construction meeting. Prior to fabrication, Artist and his team, including engineers, will
meet with City staff either in person or by video conference to review the submitted
construction documents and identify modifications, if necessary. Artist will provide an
outline of needed Site preparations for installation of Work.
1.4.5. Fabrication. Artist shall complete fabrication of the Work in substantial conformity with the
approved design. If Artist believes that changes are required, Artist must present the City
in writing for further review and approval any significant changes in the scope, design,
color, size, material, or texture of the Work not permitted by or not in substantial
conformity with the approved design. A significant change is any change in the scope,
design, color, material, texture, or location of the Work on the Site, which affects
installation, scheduling, site preparation, or maintenance for the Work.
1.4.6. Shipping/Delivery.
❑ Artist will notify the City in writing when the Work is complete and ready for delivery
and installation. If delivery and/or installation cannot proceed for any reason that is not
within the control of Artist, the parties will mutually make arrangements for storage of
the Work at no charge to the City.
❑ Artist shall make all necessary efforts to secure the Work for safe shipping and delivery.
The Work shall be transported in such a way as to protect the safety and integrity of the
Work during shipment and to allow for easy handling upon delivery.
❑ Should additional shipping/delivery costs be incurred due to job site conditions that were
not made evident to Artist at the execution of the Agreement, or if the Site Address
changes, the city agrees to reimburse Artist in full for any and all additional costs
incurred.
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1.4.7. Installation.
❑ Artist shall install the Work at the Site in accordance with all architectural plans and
instructions provided by the City, in accordance with the approved design, and in
accordance with all other drawings, reports, plans, specifications, or materials furnished by
Artist to the city under this Agreement.
❑ Upon installation of the Work, Artist shall provide the City with written instructions for the
appropriate maintenance and preservation of the Work, along with product data sheets
for any materials or finish used.
❑ Artist shall advise the City in writing when all the Work has been fully installed n
substantial conformity with this Agreement.
1.4.8. Final Artwork Documentation. Artist shall provide a detailed record of fabrication techniques,
exact materials used, specific colors, with attached material data sheets and product
warranties supplied by the manufacturer, if applicable. This documentation shall also address
anticipated maintenance, desired appearance, and environmental factors affecting the Work.
2. Timeline
2.1. February 2017 Artist travels to Ashland to meet with the City, tour the Site and attend a
gathering with community members
March-June 2017 Artist confers with City in person or by video conference
August 2017 Concepts are due and provided to City
September or October 2017 Artist travels to Ashland and presents both concepts at two separate
meetings to the City
November 2017 Construction documents due
April 1, 2018 or earlier Installation
2.2. The Timeline shall be extended in the event of delays caused by events beyond the control of the Artist or the City.
The Artist shall make every reasonable effort to complete the Work in accordance with the Timeline. Each party,
shall inform the other in writing in advance of any anticipated delays.
2.3. If schedule listed in section 2.1 is delayed for reasons outside of the Artist's control, the budget for chosen design
may need to be adjusted to allow for cost increases.
3. Artist's Responsibilities
3.1. Artist shall furnish all the materials, equipment and labor required for the Work.
3.2. Artist shall obtain a City of Ashland business license prior to performing any work pursuant to this
Agreement.
3.3. Artist or subcontractors, at Artist's expense, will secure any and all required licenses,
documentation required for permits and similar legal authorizations as may be necessary for
the installation of the Work.
3.4. City will be responsible for the expense of any required permits as described in 3.3.
4. Compensation
4.1. Artist will be paid $3000 to develop the two original public art concepts for the Theater Corridor.
4.2. If one of the concepts is approved by both the Public Art Commission and the City Council, artist will be
paid $110,000 pursuant to the milestones shown below to create, fabricate and install the Work
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based on the approved concept. This amount includes Artist fees and all costs associated with the
engineering and fabrication, delivery, and installation of the Work.
4.3. Artist will be compensated up to $500 for each of the three required visits to Ashland for (1) site visit;
(2) presentation of concepts to the public; and (3) presentation to the City Council.
4.4. Artist shall provide the City with a progress report each month and submitted invoices based on the
following milestones:
❑ $3000 upon execution of this Agreement;
❑ 10% of $110,000 ($11,000) upon concept approval;
❑ 50% $110,000 ($55,000) as fabrication deposit prior to procurement of materials and
commencement of fabrication;
❑ 25% of $110,000 ($27,500) as progress payment upon 50% completion of the Work for shipment; and
❑ 15% of $110,000 ($16,500) for delivery/installation upon City's acceptance of installation.
4.5. Payment shall be made within 30 days after receiving an invoice associated with each milestone above.
4.6. If the City-requests the Artist to render services not covered by this Agreement or if the Artist incurs
additional expenses to comply with such request(s), the City will execute a change order setting forth the
additional services and expenses therefor. Additional Services requiring a change order include, but are not
limited to, changes in the scope of work, changes in the schedule for performing the Work and changes made
after a design is approved. The cost of a change order will be determined by the amount of work that has
been performed that must be either performed again or modified in order to accommodate dimensional
revisions or other requested additional services.
5. City Responsibilities
5.1. The City will provide the Artist, at no expense to Artist, copies of architectural plans existing designs,
drawings, reports, and other existing relevant data, if any, needed for performance of Artists duties
under this Agreement.
5.2. The City shall prepare the Site and be responsible for all expenses, labor and equipment to prepare the Site
for the timely transportation and installation of the Work. This Site preparation includes, but is not
limited to, all necessary concrete and electrical work related to the Work. The City shall complete the Site
preparation by the scheduled installation date or shall inform the Artist in writing of any delays.
5.3. As soon as the City approves the fabricated Work and Artist receives authorization to proceed with
installation, artist will have access to the Site.
5.4. The City shall notify the Artist of its final acceptance of the Work. Final acceptance effective as of earlier
to occur of (a) the date of the City's written notification of final acceptance or (b) the 30th day after Artist
has sent written notice to the City. Upon receipt of such notice, and prior to the expiration of the 30-day
period, the City shall give Artist written notice describing and specifying any services due from Artist
which have not been completed.
6. Warranty
6.1. The Artist warrants that the Work is unique and original and does not infringe on any copyrights, that the
Work is solely the results of the artistic effort of the Artist and that it be free and clear of any liens.
6.2. The Artist guarantees that the design submitted will not be used elsewhere in the future, without prior
written agreement between the Artist and the City. However, this Agreement shall not be deemed to
prohibit the Artist from reusing the themes, separate elements, and concepts incorporated in the Work in
new works so long as any such reuse in new works does not result in a combination, which as a whole
constitutes a work substantially similar to the Work.
6.3. The Artist warrants and represents that the work shall comply with the appropriate stamped Structural
Engineering Report, and be free from defective or inferior materials and/or inferior and or faulty
fabrication and installation techniques. At the City's option, the Artist shall remedy and/or pay for any loss
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or damage resulting from faulty materials or workmanship that occurs or appears within a period of two
(2) years after final acceptance. The responsibility for the determination of the Artist liability for faults or
defects in the work during the one-year period shall be solely that of the City.
6.4. The design and quality of the Work will be suitable for normal environmental conditions at the Site.
7. Ownership of the Work, Reproduction, and Deaccession
7.1. The Work created under this agreement shall be the property of the City. The Artist shall retain intellectual
property but shall make no full-scale duplications of the Work at another location. All copyright and
further reproduction rights to the Work shall remain with the Artist. The Artist, however, hereby grants to
the City, the right to make and authorize the making of photographs and other two-dimensional
reproductions of the Work for educational, public relations, arts promotional, market and non-commercial
purposes for as long as the City owns the Work. For any such reproductions, the City shall take reasonable
measures to identify the Artist as the creator of the Work. In the event the City wishes to use the Work for
commercial purposes, the City shall contact the Artist so that a separate agreement may be negotiated.
The Artist also agrees that photographic reproductions of the Work made by the artist for publicity
purposes shall refer to the fact that the Work is installed in Ashland, OR as part of the City of Ashland's
public art collection. The Artist agrees and acknowledges that should the deaceession of the Work become
necessary at any point the City shall proceed with deaccessioning pursuant to the City Municipal Code.
7.2. Title to all drawings, photographs, samples, prototypes, mock-ups, models, maquettes, material samples,
studies, specifications, and incidental works created by the Artist or its subcontractors in the design of the
Work ("Design Materials") shall remain in the Artist's possession at all times. Any Design Materials
provided to the City during the term of the Agreement shall be returned to the Artist upon completion of
the Work or, upon the earlier termination of this Agreement. However, the Artist agrees that the City may
retain two- dimensional copies of the Design Materials solely for information and reference in connection
with the City's use of the Work if the City accepts the Work installed by the Artist or fabricates and/or
installs the Work pursuant to this Agreement. Any copies of the Design Materials retained by the City
shall contain a copyright notice substantially in the following form: Copyright 9 Gordon Huether +
Partners, Inc., date of publication.
7.3. The Design Materials and copies thereof retained by the City shall not be used by the City or others on
other projects, for additions to this Project, for completion of this Project by others, or for any other
purpose, unless the parties otherwise agree in a writing that provides for appropriate compensation to the
Artist.
7.4. In the event of termination of this Agreement at no fault of the Artist, Artist shall retain all rights of
ownership of the Work, and shall have the right to complete, exhibit, and sell the Work if the Artist so
chooses.
8. Confidential Information
8.1. Certain methods, techniques and processes used by the Artist in the fabrication of the Work are
considered proprietary information of the Artist. In the event it is necessary to disclose such information
to the Client, the Client agrees to keep such information confidential and agrees not to disclose such
proprietary information to any third parties without the consent of the Artist. The Client agrees to
obtain this same agreement from such third parties to keep such information confidential. The Artist
will notify Client that information provided to the Client is proprietary information by either marking
such information "Confidential" or "Proprietary Information" or by informing Client of the proprietary
nature of the information being supplied. At the completion of the Project, by delivery of the Work to
the Client and upon acceptance of the Work after delivery, the Client shall return all proprietary
information in the Client's possession to the Artist.
9. Artist's Rights
9.1. The City shall provide and install, at its own expense, a plaque on or near the Work containing a credit to
the Artist and identifying the title of the Work. If requested by the Artist, the plaque shall also identify the
fabricator of the Work. The plaque shall contain a copyright notice: Copyright C Gordon Huether +
Partners, Inc. date of installation.
9.2. The City agrees that no part of the Work will be separated from the whole and agrees that it will not
intentionally alter, modify, change, destroy or damage the Work without first obtaining the written
approval of the Artist.
Contract for Personal Services Page 5 of 9
9.3. The City shall reasonably assure that the Work is properly maintained and protected, taking into account
the instructions of the Artist. If repairs are necessary, the City shall consult with the Artist to determine
when and if repairs and restorations to the Work will be made.
9.4. The rights provided to the Artist are in additional to any rights that the Artist or Gordon Huether have
under VARA.
10. Termination
10.1. If either party should willfully or negligently violate this Agreement the non-defaulting party shall
have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to
terminate specifying the grounds for termination.
10.2. If this Agreement is terminated by the City, compensation to the Artist for all services performed
shall be paid prior to the termination date.
10.3. If this Agreement is terminated by the Artist, the City shall have to right to have the Work
fabricated, delivered and installed in accordance with the design materials, but shall have no right to use
the design materials for any other project or purpose. Artist shall retain the copyright in the design
materials of the Work.
10.4. Prior to the completion of the design services, the City shall have the right to terminate this
Agreement on the death of Gordon Huether. Upon the death of Gordon Huether after the completion of
the design services, the Artist shall complete the services as per this Agreement.
11. Risk of Loss or Damage, and Liability
11.1. All risks of loss or damage to the Work shall be borne by Artist during fabrication, delivery,
and installation the Work. Artist shall take such measures as are necessary to protect the Work from loss
or damage until final acceptance of installed Work, except that the risk of loss or damage shall be borne
by the City prior to acceptance of the Work if the work is in possession this City prior to installation.
Artist shall be responsible for repairing any damage to the Work during delivery and installation. Artist
shall assume all risks and liability for fabrication, delivery and installation and shall hold the City
harmless from any damages, claims, injuries negligence by Artist in the performance of this work.
12. Subcontracting
12.1. Artist may delegate any portion of its duties to any subcontractor, craftsperson, artist, engineer, or
fabricator, provided that such delegation of duties shall not affect the design, appearance, or visual quality
of the Work, and that the delegated duties shall be carried out under the personal supervision of Artist.
Nothing contained in this Agreement shall create any contractual relation between any subcontractor of
Artist and the City, or result in an employee or subcontractor of Artist deemed to be an employee of City.
13. Independent Contractor Status
13.1. 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 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
112. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by
reference.
14. Living Wage Requirements
14.1. If the amount of this contract is $20,283.20 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.
15. Governing Laws; Jurisdiction; Venue
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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. Artist, by the signature herein of
its authorized representative, hereby consents to the in persona 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. Dispute Resolution
16.1. The parties agree to mediate any disputes or claim between them arising out of or relating to this
Agreement or any resulting transaction before resorting to arbitration or other legal procedures.
17. Entire Agreement
17.1. 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.
Consultant City of Ashla d
G~
By By
ature
A~6 k4la,13
Print Name Print Name
Title Date -7 l
W-9 One copy of a W-9 is to be submitted with Purchase Order No.
the signed contract.
AFB(#ROVED A FORM
hien oty Attorney
Date ~31 t Z
Contract for Personal Services Page 7 of 9
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) Artist or subcontractors of the Artist are
qualified, professionally competent and duly licensed to perform the work. Artist 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.
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) I 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)
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EXHIBIT B
C1 ty of
Ashland
LIVING
WA E
per hour,
effective June 30,
2016.
rr~ The Living Wage Is
adjusted annually
every June 30 by the
- - 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
assistance for the project or the employee.
r 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 $201283.20. include temporary or part-time
Ashland if the contract employees hired for less than
exceeds $20,283.20 or more. If their employer is the City of 1040 hours in any twelve-
twelve-
Ashland including the Parks month Deriod. 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,
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 Page 9 of 9
2/21/2017 City of Ashland, Oregon - Agendas And Minutes
City of Ashland, Oregon / City Council
City Council - Minutes View Agenda
Tuesday, February 07, 2017
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 7, 2017
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 Slattery, Morris, Seffinger, and Rosenthal were present. Councilor
Lemhouse was absent.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced vacancies on the Airport, Historic, Transportation,
Tree, and Wildfire Mitigation Commissions.
Councilor Slattery/Seffinger m/s to add Council position #6 to the agenda
under Other Business From Council Members/Reports From Council
Liaisons. Voice Vote: all AYES. Motion passed.
Mayor Stromberg explained Interim City Administrator John Karns had done so
well that he wanted to extend his tenure as Interim to the end of 2017.
Councilor Morris/Seffinger m/s to add Interim City Administrator John
Karns' extension to the end of 2017 to the agenda under Other Business
From Council Members/Reports From Council Liaisons. Voice Vote: all
AYES. Motion passed.
Mayor Stromberg asked Council to consider the matter now instead of the end of
the meeting.
Councilor Seffinger/Rosenthal m/s confirm the extension of John Karns as
Interim City Administrator to the end of the year. DISCUSSION: Council
Seffinger thought Mr. Karns had done a great job and wanted to see him
continue. Councilor Rosenthal concurred and noted Mr. Karns' high degree of
professionalism in his role as Fire Chief and Interim City Administrator. He had
changed the culture in the City in a positive way. Voice Vote: all AYES. Motion
passed.
APPROVAL OF MINUTES
The minutes of the Executive Session of January 10, 2017, Business Meeting of
January 17, 2017, Study Session of January 23, 2017, and Executive Session of
January 23, 2017 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
The Mayor's proclamation of February 2017 as Child Trafficking Awareness
http://www.ashland.or.us/P,gendas.asp?Display=Minutes&AMID=6551&Print=True 1/10
2/21/2017 City of Ashland, Oregon - Agendas And Minutes
Month was read aloud.
Caleb LaPlante/436 NE Baker Drive/Grants Pass, OR/Represented Abolish
Child Trafficking (ACT) Southern Oregon and Rotary International. He was the
state coordinator for Rotarians Against Slavery. Over the past year, two cases
were prosecuted locally and the region experienced its first federal prosecution.
Last year, Rotary Clubs in the Rogue Valley brought a photo exhibit called More
than a Survivor, for showings at Southern Oregon University, the Rogue Valley
Mall, and Grants Pass. He thanked Council and offered his agency's services.
Councilor Slattery/Morris m/s to move Council position #6 under Other
Business From Council Members/Reports From Council Liaisons to
Unfinished Business. Voice Vote: All AYES. Motion passed.
PUBLIC FORUM
Dave Hyde/616 Normal Avenue/Submitted a document into the record of a list
of people supporting changing the name of Dead Indian Memorial Road to Indian
Memorial Road. He sought support from Council when he went to Salem, OR to
change the name.
Mayor Stromberg suggested Mr. Hyde contact a councilor and ask them to create
a resolution. Councilor Slattery was not comfortable using the term Indian in
Indian Memorial Road and suggested more people be involved choosing the
name. He agreed to work with Mr. Hyde.
Crystal Sosa/2895 Highway 66 Ashland/Explained her utility bill increased this
past month from $474 to $744. She found through social media several Ashland
citizens and others throughout the Rogue Valley had similar experiences. This
was a huge increase for her. Utility companies in the valley told customers the
dramatic increase was due to the cold snap in December but she was not sure
that was the case.
Mark Holden, the director of the Electric Utility confirmed there were higher utility
bills during the wintertime due to the weather. Three factors affected winter
electric bills. The weather was seven degrees colder this past December and
January than at the same time last year. This past December had 20 days below
average. The previous December had four days below average. The second
factor that might result in a higher bill could be weather conditions delaying meter
reading. In that case, a bill covered a longer period and subsequently increased
cost. The next bill would reflect a shorter billing cycle. The third factor was
weather conditions or service locations that required the utility to estimate bills.
In Ashland, the issue was the cold weather. There were no delays in reading
meters or cause to estimate any bills. The City had not increased rates since
July 1, 2015. The greatest impact on utility bills was the weather and customer
usage.
The City sponsored three programs, one for seniors and disabled citizens, the
Ashland Low Income and Energy Assistance Program and the Emergency Heat
Assistance program. All programs required citizens to apply and meet the
qualifications to be eligible for those plans. The Conservation Division provided
energy audits, recommendations to cut down consumption, and weatherization
programs. It was rare for a mistake to occur in meter reading. Customers could
request a second reading on their meter to ensure it was accurate. Mr. Holden
would follow up with Utility Billing on whether the City offered an averaging
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2/21/2017 City of Ashland, Oregon - Agendas And Minutes
option.
Louise Shawkat/870 CambridgeMas in favor of the 10x20 law passed by
Council last year and was pleased to see the City gathering the necessary data
and hiring a firm to fulfill the request for proposal (RFP). It would provide
responders to the RFP important information.
Huelz Gutcheon/2253 Hwy 99/Noted Council Chambers or the courtroom was a
room of punishment. The Siskiyou meeting room in the Community Development
building was a place that added more people to town. He suggested holding
meetings in different environments that would generate innovative solutions.
Ashland could have the world's first multi mobile city council.
CONSENT AGENDA
1. Approval of minutes of boards, commissions, and committees
2. Endorsement of Ashland Community Hospital Foundation for the
purpose of hanging a banner
3. Authorization to extend liability insurance consulting services contract
for a period of one year
4. Extension of employment agreement for Interim Administrative
Services/Finance Director
5. Approval of contract with Gordon Huether, public artist for the Theater
Corridor project
Councilor Rosenthal pulled Consent Agenda #5 for discussion. Public Arts
Commission (PAC) Chair Sandy Friend explained the Commission sent out a
request for qualification (RFQ) and received 28 submittals narrowed down to four
artists through several public meetings. PAC selected Gordon Huether based on
his 20 years of public art experience. He would be in Ashland February 23-25 to
meet with PAC, visit the site, and gather input during a public meeting on
February 24, 2017. He would return in August with two concepts for the corridor.
At that time, PAC would have a special selection panel review the concepts with
PAC bringing their recommendation to Council in September. PAC
Commissioner Margaret Garrington further explained the library currently had a
display for the public to provide input to the artist. Those questions were on the
City website as well. PAC also put up posters throughout town. The walls on
either side of the corridor were privately owned and not a part of the art
installation. Commissioner Laurel Merchant noted Mr. Huether was very
interested in public input.
Commissioner Garrington addressed why PAC did not award the project to a
local artist and noted there were many fine artists from the area. However, in this
respect in a public art realm, they found the local artists that applied could not
provide the kind of experience PAC was seeking for this specific project. The
Commission was looking for artists who had completed public art projects
suitable for the outdoors within the allocation amount designated for the project.
PAC wanted the best possible artist for the job and was cognizant of using citizen
and city funds.
Councilor Seffinger/Morris m/s to approve the Consent Agenda Items. Voice
Vote: all AYES. Motion passed.
PUBLIC HEARINGS
1. Public Hearing and first reading of an ordinance titled, "An ordinance
http://www.ashiand.or.us//~gendas.asp?Display=Minutes&AMID=6551 &Print=True 3/10
Purchase Order
Fiscal Year 2017 Page: 1 of: 1
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ATTN: Accounts Payable
L 20 E. Main Purchase
Ashland, OR 97520 Order # 582
T Phone: 541/552-2010
O Email: payable@ashland.or.us
V GORDON HUETHER + PARTNERS INC H C/O Administration
E 1821 MONTICELLO RD I 20 East Main St
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D NAPA, CA 94558 P Ashland, OR 97520
O Phone: 541/488-6002
R O Fax: 541/488-5311
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Public Art
1 Create and install public art in theater corridor 1 113,000.0000 $113,000.00
Contract for Personal Services Theater Corridor Public Art Project
Beginning date: February, 2017
Completion (installation)date: April 1, 2018 or earlier
Project Account: E-000573-999
Project Account: E-000573-999
GL SUMMARY
010218 - 604160 $38,000.00
010220 - 604100 $75,000.00
ICI I 1
Date:
Auth ize ignature
$113,000.00,
FORM #3 ~ CITY OF
ASHLAND
J -1-1
0
R E Q U I S IT I O N Date of request:
Required date for delivery:
Vendor Name, q~ n/'
Address, City, State, Zip
Contact Name & Telephone Number
Fax Numbers
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written uote or proposal attached Attach co of council communication If council approval required, attach co of CC
❑ Small Procurement El Request for Pro Cooperative Procurement
Less than $5.000 Proposal (Copies on file) ❑ State of Oregon
Direct Award Date approved by Council: Contract #
Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract #
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5,000 to $100,000 ❑ Written quote or proposal attached Agency
❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract #
PERSONAL SERVICES El Special Procurement Intergovernmental Agreement
$5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency
❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
❑ (3) Written proposals/written solicitation Date approved by Council: (Date)
❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication)
Description of SERVICES Total Cost
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
Ids
Leo V~l //7
TOTAL COST
❑ Per attached quote/proposal O~ g $
Project NumberJ27,,_?. Account Number - - D 1 _~~y11~ l Q 0
Account Number _ _ _ - _ _ - - - _ _ _ _ _ _ Account Number L14 10 C2 e~
*Expenditure must be charged to the appropriate account numbers for the financials to accurately re a actual pen itures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support -Yes /No
By signing this requisition form, 1 certify that the City's public contracting requirements have been satisfied.
Employee: '0 ~`~✓I✓YX4 Department Head:
(Equ I or greater than $5,000)
Department Manager/Supervisor: City Administrator: v h / &el
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year. ES / NO ~la 1 ante Dto orgreaterthan $5,000) Comments:
Form #3 - Requisition