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HomeMy WebLinkAbout2017-0919 Regular Council Meeting & Study Session 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 Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 19, 2017 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.] 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 None VI. SPECIAL PRESENTATIONS & AWARDS 1. Annual presentation by the Airport Commission 2. Mayor's proclamation of September 21, 2017 as City of Ashland Day of Peace 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] Vlll. CONSENT AGENDA 1. Approval of minutes of boards, commissions, and committees 2. Letter of support to Jackson County Board of Commissioners regarding Dead Indian Memorial Road name change hearing 3. Award of contract to apparent low bidder for the Grandview Wastewater Lift Station Project #2007-26 COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US O by ~d l d ya o A. o A o o A o A o 6-~ a °0 6a J ➢ o o .yo ~ ~ y`~c t 1 5 ilr ° ~ Y~ D PROCLAMATION / - C ~ b • On March 17, 2015, the Ashland Mayor and City Council proclaimed support for a Culture of Peace community. • On September 21, 2015, the United Nations International Day of Peace, the Ashland ➢ Culture of Peace Commission was launched as a citizens' commission.° Q The core and strength of our community is based on relationships of mutual respect, )rC `li1 U, 0 integrity, and recognition of the inherent value of each person in the diversity of our ?~e h ➢ community. P Official recognition of Ashland as an International City of Peace will provide inspiration for all citizens to create an emerging, evolving, living model for thriving P, together as fellow humans. NOW, THEREFORE, the Mayor, on behalf of the citizens of Ashland, do proclaim they 21St day of September to be the City of Ashland Day of Peace uJ~ f ~o f ➢ And encourage city and community leaders to work with concerned citizens to develop policies and procedures that promote a culture of peace in our region. ° ➢ Q Dated this 19th day of September, 2017 ➢ John Stromberg, Mayor ~ u 00 ➢ Q Melissa Huhtala, City Recorder e~ g e g s 8 8 o' 8 Q~ A A g A ~ A A g A A A A - ~ A A g A g A V &Eu ASHLAND HISTORIC COMMISSION Meeting Minutes August 2, 2017 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room CALL TO ORDER: Vice Chair, Skibby called the meeting to order at 6:04 pm in the Siskiyou Room at the Community Development and Engineering Offices located at 51 Winburn Way, Ashland OR 97520. Commissioners Present: Council Liaison: Skibb Rich Rosenthal Emery Staff Present: Leonard Maria Harris; Planning Dept. Swink Fotini Kaufman; Assistant Planner Von Chamier Regan Trap ; Secretary Whitford Commissioners Absent: Giordano (E) Shostrom E APPROVAL OF MINUTES: Whitford motioned to approve minutes from July 5, 2017. Leonard seconded. Voice vote; All AYES. Motion passed. PUBLIC FORUM: There was no one in the audience wishing to speak. COUNCIL LIAISON REPORT: Rosenthal gave the Council Liaison report. Items discussed were: • 2 new Ad Hoc Committees will be formed o Climate and Energy o Budget • Council accepted the Downtown Parking Management Strategy. • City of Ashland will have the ability to have video arraignments from the Jackson County Jail. PLANNING ACTION REVIEW: PLANNING ACTION: 2017-01279 SUBJECT PROPERTY: 692 B Street OWNER/APPLICANT: Bonnie Rinaldi/Carlos Delgado DESCRIPTION: A request for Site Design Review approval to construct an accessory residential unit within the second story of the garage/shop building at the rear of the property adjacent to the alley. The application includes the addition of a dormer on the east side of the building (facing Sixth St.) to provide additional floor space for the accessory residential unit. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP 391 E 09AB; TAX LOT: 7000 There was no ex-parte contact or conflict of interest indicated by the Commission. Harris gave the staff report for PA-2017-01279. Skibby opened the public hearing to the applicants. John and Bonnie Rinaldi, owners at 692 B Street addressed the Commission regarding this project. Skibby closed the public hearing and opened to the Commission for comments. After a brief discussion, regarding roofing materials, siding and door design, the Commission unanimously approved the project. Whitford motioned to approve PA-2017-01279 as presented. Swink seconded. Voice vote; All AYES. Motion passed. NEW ITEMS: • Review board schedule. • Project assignments for planning actions DISCUSSION ITEMS: • Theater Corridor Artist Presentation - July 3151 at 6PM in Council Chambers (1175 E. Main Street) o Harris stated that there will not be a visual representation of this presentation given on July 31, 2017 at Council Chambers. The Commissioners were in agreement that they need to comment on this presentation when Shostrom can attend. A special meeting will be planned for the Commission to make comments on this project. Harris will put together some times and dates and get them to the Commissioners. COMMISSION ITEMS NOT ON AGENDA: 285 High St. - Possible work without permits. • 252 B St. - Harris gave an update. OLD BUSINESS: There were no items to discuss. Review Board Schedule August 3rd Terry, Taylor, Keith August 10th Terry, Taylor, Bill August 171h Ter , Bill, Piper August 24th Terry, Sam, Dale August 31st Ter , Tom, Taylor Sept 7m Terry, Keith, Piper Project Assignments for Planning Actions PA-2014-00710 _ 143 Nutley Swink & Whitford 485 A Street Whitford PA-2015-00878 35 S. Pioneer Leonard PA-2015-01695 399 Beach Skibb_y PA-2016-00847 252 B Street Whitford PA-2016-01027 276 B Street Shostrom & Leonard PA-2016-02103 133 Alida Swink PA-2016-02095 563 Rock St. Whitford PA-2016-02114 556 B Von Chamier PA-2017-00013 15, 35, 44 & 51 S. Pioneer Street ALL PA-2017-00235 114 Granite _ Leonard PA-2017-00325 746 C Street Von Chamier PA-2017-00200 165 Water ALL PA-2017-00707 550 E. Main Skibby PA-2017-00838 250 Alta Ave Emery PA- 2017-01054 220 Hargadine Shostrom & Whitford PA-2017-00969 244 Hargadine Shostrom & Whitford PA-2017-01279 692 B Street Leonard ANNOUNCEMENTS & INFORMATIONAL ITEMS: Next meeting is scheduled September 6, 2017 at 6:00 pm There being no other items to discuss, the meeting adjourned at 6:50pm Respectfully submitted by Regan Trapp CITY OF ASHLAND ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES August 22, 2017 CALL TO ORDER Chair Roger Pearce called the meeting to order at 7:02 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Maria Harris, Planning Manager Debbie Miller Dana Smith, Executive Assistant Melanie Mindlin Roger Pearce Lynn Thompson Absent Members: Council Liaison: Haywood Norton Dennis Slattery, absent ANNOUNCEMENTS Community Development Director Bill Molnar announced a study session with the City Council September 18, 2017, to discuss cottage housing code changes. There is a tentative date in October for a study session with Fregonese & Associates to discuss draft suggestions for the Transit Triangle. The Planning Commission would present the annual commission update during the December 5, 2017, City Council meeting. Commissioner Dawkins noted Councilor Morris' concerns that Planning Action 2017-01059 for 1068 East Main Street was promoted as workforce housing in the newspaper. The Planning Commission had no control of how an applicant presented a project in the newspaper. However, Commissioner Dawkins thought the Commission might consider defining workforce housing and discuss parameters in a public forum. Councilor Morris was also concerned how the applicant could do ownership housing at the location. Mr. Molnar explained multifamily zones R-2 and R-3 have always allowed apartments and ownership. Staff looked through the past twenty years of data on R-2 and R-3. The district was originally created as part of the comprehensive plan with the idea of having a certain percentage of apartments built. The market changed so much since the 1990s that it is more profitable and efficient to do ownership housing. The Croman project had a standard in the multifamily area that limited how much ownership housing could occur and required a certain percentage of rental. The Planning Commission could consider that as a policy if they were interested. Requiring a percentage of rental was currently not in the Ashland Municipal Code. PUBLIC FORUM None UNFINISHED BUSINESS A. Accessory residential units within existing homes Planning Manager Maria Harris explained adding flexibility for Accessory Residential Units (ARUs) within existing homes came from the Planning Commission's retreat. She provided an example of a three story house with a daylight basement converted into an ARU. Each floor was approximately 800 square feet. In this case, the square footage Ashland Planning Commission August 22, 2017 Page 1 of 3 was over 500 feet and the owner used on street credits to satisfy parking requirements. Another example was a two story house on a hill. The main house was 2000 square feet with 1400 square feet in the basement. The applicants put the ARU in the top part of the house at 768 square feet. Size limitations and configuration prevented having an ARU on the bottom floor. The owner also used on street credits for two parking spaces. Questions for the Commission to consider were allowing more flexibility in size, possible parking requirements, and making a recommendation to the Council regarding System Development Charges. Other questions were impacts to the neighborhood and allowing two small ARU's instead of one. ARUs had a kitchen, a separate electric meter and were subject to multifamily residential design. If it was within an existing house and there were no exterior changes it did not really apply in terms of building design. Site planning was parking, having an open space area for the second unit, and landscaping standards. Some City Council members were interested in creating incentives for homeowners wanting to have an ARU within an existing home. One suggestion was waiving SDCs since it would not have the same impact as building a separate ARU on a lot. Commissioner Thompson supported making it more flexible but was concerned about changing parking requirements. On street credits would allow the Community Development Department and the Planning Commission to evaluate the impact. Chair Pearce thought parking and the size limit of half the square footage of the primary residence were the most critical restrictions the Commission needed to review. Commissioner Mindlin added SDCs were another barrier. Chair Pearce recently attended the Real Estate Land Use Mid-Year Conference that included a discussion on Senate Bill (SB) 1051. One statute that applied to all housing stated housing could only be permitted if there were clear and objective standards, not discretionary standards. He thought the City's code was clear and objective. There were two tracks, clear and objective or site review. SB 1051 would require cities the size of Ashland to allow areas zoned for detached single family dwellings to have the ability to develop at least one accessory dwelling unit for each detached single family dwelling. This would be subject to reasonable local regulations relating to siting and design. It defined an accessory dwelling unit as an interior, attached or detached residential structure used in connection with or as an accessory to a single family dwelling. Commissioner Miller was in favor of increasing the square footage of an ARU to 70%-75%. It would provide a reasonable living space and storage. Commissioner Mindlin supported loosening the regulations on accessory residential units within existing homes. Commissioner Brown agreed and thought parking could present an issue. He did not think a set number was needed. Parking and the number of bedrooms would constrain the number of units in an existing home. Commissioner Dawkins added having different addresses would also regulate the number of units. Staff would bring back options to make units within an existing home more flexible and possibly change the name of accessory residential units. B. Continuation of open space discussion Community Development Director Bill Molnar explained an issue with the definition of open space was that it referred to land that was in joint ownership. There were inconsistencies within the Ashland Municipal Code that needed to be fixed at some point. Another issue was the 8% requirement for a recreation area when it was referred to as an open space. For the past fifteen years, designers of private developments thought the 8% could either be commonly owned areas, privately and commonly owned, or privately owned. City Council needed to interpret the code. The discussion tonight sought direction from the Commission. A project had to have a certain percent of the lot landscaped and 8% of the lot area needed to be recreation space. Commissioner Dawkins wanted a better definition of recreation space. Historically, recreation space would have meant Ashland Planning Commission August 22, 2017 Page 2 of 3 lawns and that presently went against water wise landscaping. Mr. Molnar explained 20 years ago during a site design standards review, the City created the standard requiring a percentage of area in a commercial development for public space. While the standard for residential required 35% landscaping, it could all be ornamental. It raised the question if the City should require a minimum amount that was surfaced usable. Recreation was not the best term either. The intent was having a certain percentage that was usable. That was why patios and porches were added. It leveled out a small area with possible semi private landscaping and discouraged lawns. The Commission discussed recreational space. Comments equated it to a potential gathering space or community gardens. Other comments questioned the need to have a gathering space. One suggestion would let the developer decide as long as there was 8% open space. The developer could also decide whether the recreational space was privately or commonly owned. Another comment supported having some lawn area for common space. Mr. Molnar thought commonly owned made sense when there were significant natural features like a creek corridor or wetland. Those areas were maintained and protected better over time and recommended retaining that language. He clarified if the 8% had to be in a common area it could not be utilized for private patios. It would reduce the number of patios and porches proposed in order to meet the 8% resulting in more stoops. Commissioner Mindlin suggested not including door access, walkways or door swings and making the space private but more usable. Mr. Molnar thought the Commission could require a base on minimal use of space using a dimension of not less than 6 feet. Commissioner Mindlin added they needed to define the exclusions for paths to the doors with a minimum area to one side or the other, Usable was defined as a minimum of 6x8 feet. Chair Pearce thought if the Commission wanted to preserve common open space they could address the design issue by giving people a credit of 50% or 60% for private open spaces. Commissioner Mindlin noted a possible equality of access issue in multiple story complexes. If all common space was private, the upstairs residents might not have any. Mr. Molnar responded if it was private there could be a distribution standard where each unit had to have some. It could be a porch or a deck. Commissioner Brown cautioned aggregating responsibilities to developers. They should be allowed to go as far as reasonable in order to provide a livable environment. Requirements needed to be defined clearly so the City could say no if necessary. Planning Commission majority wanted the code clarified on the 8% requirement for open space. They wanted to continue applying it as it had been with options on common, private, or partially common and private space. Porches and decks included in the 8% could not have obstructions. Walkways should not go towards the 8% open space. The Commission wanted open space, common open space, recreational open space, and private open space defined and in the Definitions section of the code. Permitted use as OS open space should be classified as parks because it was public open space. ADJOURNMENT Meeting adjourned at 8:22 p.m. Submitted by, Dana Smith, Executive Assistant Ashland Planning Commission August 22, 2017 Page 3 of 3 Council Business Meeting September 19, 2017 Title: Letter of Support to Jackson County Board of Commissioners - Dead Indian Memorial Road Name Change Hearing From: John Karns Interim City Administrator John. Karns(a-)_ashland.or.us Summary: As a follow up to the recent Council approval of the Indigenous Peoples Day resolution, Council requested staff develop a letter of support for an upcoming public meeting at the Jackson County Board of Commissioners for a potential name change to what is currently labeled Dead Indian Memorial Road, a Jackson County owned and maintained road. Actions, Options, or Potential Motions: I move to approve the Mayor to sign and submit the attached letter on behalf of the City Council. Staff Recommendation: Staff has no specific recommendation on this item. Resource Requirements: As noted in the draft letter, the Jackson County Board of Commissioners have the authority and discretion to name or re-name roads under the jurisdiction of Jackson County. City staff, in their normal course of business, can monitor the proceedings via the County website and with communication with Jackson County Roads and Parks staff with very little time or expense. Policies, Plans and Goals Supported: 3. Support and empower our community partners 3.3 - Support the non-profit and cultural entities in the community Background and Additional Information: The current name of Dead Indian Memorial Road was approved in 1993 by the Jackson County Board of Commissioners. Previous to this name change, the official name was Dead Indian Road. It has been reported that this original name dates back to the mid-1800's, which was first assigned to a creek then later to the road that was developed as a connection between what is now Ashland and Klamath Falls. A public meeting has been scheduled with the Jackson County Board of Commissioners on October 11, 2017 to discuss the potential for changing the name of the road. The Commission has not yet determined a preferred replacement name, although it has been reported that Jackson County staff has provided one option for the Commission to consider, which removes the word "dead" from the name resulting in a proposed new name of "Indian Memorial Road." Attachments: Draft Letter of Support Page Iof I CITY OF -ASHLAND CITY OF ASHLAND September 19, 2017 Jackson County Board of Commissioners 10 South Oakdale Ave Room 214 Medford, OR 97501 Commissioner Dyer Commissioner Roberts Commissioner Strosser On behalf of the Ashland City Council, please accept this letter of support for your upcoming meeting regarding the potential name change to what is currently labeled as Dead Indian Memorial Road. While it is clearly understood that the road in question is a Jackson County road and the road naming process is under the purview and authority of the Jackson County Board of Commissioners, to many the road is a natural extension of Ashland and is part of our community's daily use. Ashland School District buses use the road daily to pick up and drop off students, the City of Ashland's provides primary ambulance service and mutual aid fire and rescue services for much of the area served by the road as well as many other functions that connect residents and property owners along this road to our community. While agreement on the most appropriate name for the road may not yet be clear, the Ashland City Council would like to formally voice support for a change that respects and honors indigenous people within our region, both past and current. We appreciate the time and attention that Jackson County staff and you as Commissioners are giving to this matter. In addition to the formal inclusion of this letter into the record, please place the City of Ashland on the list of interested parties for any additional information made available as a result of the initial hearing in October, including notice of any future hearings that may be scheduled. Respectfully, John Stromberg Mayor, City of Ashland Administration Tel: 1/8PI 20 E. Main Street Fax Fax: 541-/488-5311 1Vjj FAIII& Ashland, Oregon 97520 TTY: 800/735-2900 www.ashland.or.us Council Business Meeting September 19, 2017_~ Title: Award of Contract to Apparent Low Bidder for the Grandview Wastewater Lift Station Project #2007-26 From: Scott A. Fleury Engineering Services Manager Scott.fleury@ashland. or. us Summary: This is a public works improvement contract for the replacement of a sanitary sewer collection system lift station located on Grandview Dr. Replacement of the lift station is a priority recommended project in the adopted 2012 Comprehensive Sanitary Sewer Master Plan. If the contract is approved staff will work with the contractor to develop a schedule to perform onsite activities this winter. Actions, Options, or Potential Motions: Move to approve award of bid and contract to Ledford Construction Company in the amount of $322,000 for the Grandview Wastewater Lift Station Replacement Project. Staff Recommendation: Staff recommends the Council accept the bid and award a contract to Ledford Construction Company in the amount of $322,000 for the Grandview Wastewater Lift Station replacement proj ect. Resource Requirements: The Grandview Wastewater Lift Station replacement project is funded directly by the City as a capital improvement project (CIP). The established budget for the project in the 2017-2019 CIP is $375,000. To date the City has expended $14,965.25 for engineering and permitting along with $8,845.92 for City-performed construction activities onsite. Policies, Plans and Goals Supported: Administrative Goals: 30. Deliver timely life-cycle capital improvements. Backl4round and Additional Information: The Grandview Lift Station Project was publicly bid on June 23, 2017. The project was publicly bid in the Daily Journal of Commerce, placed on the city's website as well as advertised in the local newspapers. In addition, project plans and specifications were posted on the Oregon Procurement Information Network (ORPIN). Bids were opened on July 21, 2017 at 2:00 p.m. with two contractors responding. Both bids were valid and contained the required bonds, documentation, and acknowledgements. Bidding information is shown on the attached proposal summary form. Page 1 of 2 CITY OF -ASH LAN D Project Description: The existing lift station was constructed in 1974 using oversized pumps and motors salvaged from the City of Medford. This lift station is very inefficient, poses significant confined space hazards to staff and is maintenance intensive. The project includes the replacement of the lift station with a standardized lift station package recommended in the 2012 Comprehensive Sanitary Sewer Master Plan. The "Package" lift station under consideration includes all new high efficiency pumps/motors, concrete wet-well, misc. plumbing and features that allow Staff to pump with an emergency trailer-mounted pump. The City updated the electrical and SCADA services a little while ago, those features will be retained and integrated with the new equipment. Attachments: • Bid Summary • City of Ashland Construction Contract-Grandview Lift Station Improvements Page 2 of 2 CITY OF -ASHLAND CITY OF -ASHLAND Preliminary Results Grandview Wastewater Lift Station Replacement ORPIN Notice #KA1512-COA2007-26-17 COA Project #2007-26 Bids were opened on July 21, 2017 2:OOPM at 51 Winburn Way Ashland, OR 97520. Of the two bids received, Ledford Construction Company submitted the lowest bid. The City will be further reviewing the Bids submitted and will post notice of intent to award soon. Company Total Bid Alternate Bid Rox Ann Rock, Inc. $396,250.00 NA Ledford Construction Co. $352,000.00 $322,000.00 Item Description Roxy Ann Ledford Ledford Alternate 10 Mobilization $33,715.00 $25,000.00 $25,000.00 20 Lift Station Package & Piping $246,450.00 $210,000.00 $210,000.00 30 B -Pass Pumping & Equip. $34,625.00 $25,000.00 $25,000.00 40 HMAC Paving $4,550.00 $2,600.00 $2,600.00 50 LS Removal & General $48,650.00 $71,000.00 $41,000.00 Excavation 60 Traffic Control $13,975.00 $4,000.00 $4,000.00 70 Concrete Curb and Gutter $2,510.00 $1,400.00 $1,400.00 80 Erosion & Pollution Control $4,695.00 $3,000.00 $3,000.00 90 Other Miscellaneous $7,080.00 $10,000.00 $10,000.00 TOTAL $396,250.00 $352,000.00 $322,000.00 Kevin Caldwell City of Ashland Engineering Project Manager Engineering Tel: 541 /488-5347 20 E. Main Street Fax: 5414488-6006 Ashland, Oregon 97520 TTY: 800/735-2900 www.ashland.orms CITY OF CITY OF ASHLAND -ASH LAN D PUBLIC IMPROVEMENT CONTRACT Grandview Wastewater Lift Station Replacement Project No. 2007-26 This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of Oregon (hereinafter "City" ) and (Hereinafter "Contractor"). The City's Project Manager for this Contract is Kevin Caldwell, Engineering Project Manager, City ofAshland Public Works Department. WHEREAS, City caused to be prepared a certain bound Project Manual or Bid Package (including but not limited to Invitation to Bid, Bid Schedule, Bid forms, Bid, Performance and Payment Bonds, as applicable, Public Improvement Contract, Contract Standard Terms and Conditions, Conditions, General Provisions, Technical Specifications, Drawings, and Addenda No. through No. , more particularly described in Standard Condition 5, (hereinafter referred to as "Contract Documents") for its project entitled "Grandview Wastewater Lift Station Replacement" and WHEREAS, Contractor did on the day of 2017, file with City a bid to furnish equipment, labor, material, and appurtenances for construction of said project as set forth in the Contract Documents and agreed to accept as payment therefore the sums fully stated and set forth in the bid; and WHEREAS, the Contract Documents and bid fully and accurately set forth and describe the terms and conditions upon which the Contractor proposes to furnish said equipment, labor, material and appurtenances and perform said work, together with the manner and time of furnishing same; and NOW THEREFORE, for good and valuable consideration the parties mutually covenant and agree as follows: 1. Recitals The recitals set forth above are true and correct and are incorporated herein by this reference. 2. Effective Date and Duration This contract is effective on 2017, or on the date at which every party has signed this contract, whichever is later. The work under this contract shall, unless otherwise terminated or extended, be completed on or before November 301h, 2017. 3. Statement of Work The work under this contract is for Grandview Wastewater Lift Station Replacement, including By- Pass Pumping Excavation, HMAC Paving, Curb & Gutter and other improvements as is more fully described in the Contract Documents, incorporated herein and made a part hereof by this reference. 17 The statement of work, including the delivery schedule for the work, is contained in the Contract Documents. Contractor acknowledges receipt of all Contract Documents in existence at the date the Contract is signed and further acknowledges Contractor has read and fully understands the Contract Documents, and understands that in signing this Agreement contractor waives all rights to plead misunderstandings regarding the same. Contractor shall, at its own risk and expense, perform the work described in the Contract Documents and furnish all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, performance of the work, that is, the construction of this Grandview Wastewater Lift Station Replacement for the City of Ashland, Oregon, as shown in the Contract Documents. Contractor shall secure all Municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees and royalties necessary or incident to performance of the work on this contract. The risk of loss for such work shall not shift to the City until written acceptance of the work by the City. 4. Consideration a. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a sum not to exceed: ) for accomplishing the work required by this contract, including allowable expenses. This fixed sum cannot be modified except by Change Order approved in writing by City. Any progress payments to Contractor shall be made only in accordance with the schedule and requirements in Section 21, Standard Terms and Conditions. b. City certifies that sufficient funds have been appropriated to make payments required by this contract during the current fiscal year. Contractor 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 Contractor, with no further liability to Contractor. CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE Business Name (please print): Contact Name: Phone: Fax: Address: Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City ofAshland Finance Department. Ashland Business License # Construction Contractors Board # Citizenship: Nonresident alien Yes No Business Designation (check one): Individual Sole Proprietorship Partnership Corporation Government/Nonprofit The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided 18 above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement Contracts (Exhibit A) together with Exhibits B through J together with all other Contract Documents as described in Standard Terms and Conditions Section 5 below, and the separately bound Oregon 2015 Standard Specifications for Construction, as amended by the City of Ashland's most recent Addenda to the 2015 Standard Specifications are an integral part of this contract and agree to perform the work described in the Contract Documents, including Exhibit A, in accordance with the terms and conditions of this contract. I further understand the City is prohibited from entering into a contract when the contractor has neglected or refused to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon tax laws; I further certify that the certification and representations in Standard Term and Condition # 16 [CCB Registration Requirements] are true and correct, and further I certify that I am an independent contractor as defined in ORS 670.600. Signed by Contractor: Signature/Title Date Printed Name: NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it has been executed by the Public Contracting Officer or designee as well as City Finance and Legal Department representatives. CITY OF ASHLAND SIGNATURE Approved: John Karns , Interim City Administrator, City of Ashland Date Mike Faught, Director of Public Works, City of Ashland Date - Authorized by Ordinance 3013 and Delegation Order dated October 25, 2012 Reviewed: Dave Lohman, City Attorney (approved as to legal form) Date 19 CERTIFICATIONS OF REPRESENTATION Contractor, under penalty of perjury, certifies that: (a) The number shown on this 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, and (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) I 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) 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 20 EXHIBIT A CITY OF ASHLAND STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS 1. Contractor is independent Contractor a. Contractor shall perform the work required by this contract as an independent contractor. Although the City reserves the right (i) to specify the desired results; (ii) to determine (and modify) the delivery schedule for the work to be performed; and (iii) to evaluate the quality of the completed performance, the City cannot and will not control the means or manner of the Contractor's performance. The Contractor is responsible for determining the appropriate means and manner of performing the work. b. The Contractor represents and warrants that Contractor (i) is not currently an employee of the federal government or the State of Oregon, and (ii) meets the specific independent contractor standards of ORS 670.600, as certified on the Independent Contractor Certification Statement attached as Exhibit D. c. Contractor will be responsible for any federal or state taxes applicable to any compensation or payment paid to Contractor under this contract. d. Contractor is not eligible for any federal Social Security, unemployment insurance, state Public Employees' Retirement System, or workers' compensation benefits from compensation or payments to Contractor under this contract. 2. Subcontracts and Assignment Contractor shall not subcontract any of the work required by this contract, or assign, sell, dispose of, or transfer any of its interest in this contract, nor delegate duties under the contract, either in whole or in part, without the prior written consent of the City. Such consent if provided shall not relieve the Contractor of any of the obligations under the contract. Any assignee or transferee shall be considered the agent of the contractor and be bound to abide by all provisions of the contract. If the City consents in writing to an assignment, sale, disposal or transfer of the Contractor's rights or delegation of Contractor's duties, the Contractor and its Surety, if any, shall remain liable to the City for complete performance of the Contract as if no such assignment, sale, disposal, transfer or delegation had occurred unless the City otherwise agrees in writing. [OAR 137-049-0200(2)] Use of Subcontractors, material suppliers or equipment suppliers shall in no way release Contractor from any obligations of contract with City. Contractor will provide in all subcontract agreements that the Subcontractor, material supplier and equipment supplier will be bound by the terms and conditions of this Contract to the extent that they relate to the Subcontractor's work, material or equipment. All Subcontracts are assignable to the City at City's option, in the event this agreement is terminated for default of Contractor. Contractor covenants and agrees to bind any and all subcontractors for performance of work under this Contract in the same manner Contractor is bound to City. Contractor further agrees that if subcontractors are employed in the performance of this contract, the Contractor and its subcontractors are subject to the requirements and sanction of ORS Chapter 656, Workers' Compensation. 3. No Third Party Beneficiaries City and Contractor are the only parties to this contract and are the only parties entitled to enforce its terms. Nothing in this contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this contract. 21 4. Successors in Interest The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and approved assigns, if any. 5. Contract Documents The Contract Documents, which comprise the entire Contract between the City and Contractor, include all sections or parts of the bid package however denominated, including all documents and plans attached or referenced therein, the Notice to Contractors - Invitation to Bid, Offer, First-Tier Subcontractors Disclosure Form, Surety Bond, Public Improvement Contract, Contract Standard Terms and Conditions and Exhibits thereto, Performance Bond, Payment Bond, Special Provisions, Plans entitled " Grandview Wastewater Lift Station Replacement', Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference, together with the Prevailing Wage (BOLL) if applicable AND any other separately bound reference, Oregon 2015 Standard Specifications for Construction, and City of Ashland Addenda, incorporated herein by this reference. All exhibits, schedules and lists attached to the Contract Documents, or delivered pursuant to the Contract Documents, shall be deemed a part of the Contract Documents and incorporated herein, where applicable, as if fully set forth herein. 6. Contractor's Representations By executing this contract, the Contractor hereby certifies that the representations made by the Contractor in the Contract Documents, including specifically the Offer, are true and correct and are incorporated herein by this reference. Contractor further certifies that Contractor has given the City written notice of conflicts, errors, ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing the project work. 7. Drug Testing [ORS 2790505(2)] a. Contractor shall certify to the City that it has a drug-testing program in place for all its employees that includes, at a minimum, the following: A. A written employee drug-testing policy, B. Required drug testing for all new Subject Employees or alternatively, required testing of all Subject Employees every 12 months on a random selection basis, and C. Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject Employee is under the influence of drugs. b. A drug-testing program that meets the above requirements will be deemed a "Qualifying Employee Drug- testing Program." For the purposes of this section, an employee is a"Subject Employee" only if that employee will be working on the Public Improvement project job site. c. By executing and returning this contract the Contractor certifies, represents and warrants to the City that a Qualifying Employee Drug-testing Program is in place at the time of execution, will continue in full force and effect for the duration of this contract, and that Contractor will comply with the provisions of subsection d below. Further, the City's performance obligation (which includes, without limitation, the City's obligation to make payment) is contingent on Contractors compliance with this representation and warranty. d. Contractor will require each subcontractor providing labor for the project to: A. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for the subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug-testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or B. Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug-testing Program for the duration of the subcontract. 22 8. Notice to Proceed Written Notice to Proceed will be given by the City after the contract has been executed and the performance bond, payment bond, and all required insurance documents approved. Notice to proceed shall not be unreasonably delayed and shall generally occur within thirty (60) days of the contract date. Reasonable delay maybe occasioned by the need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work within forty-five (90) days of the date of the written Notice to Proceed. Contractor is not to commence work under the Contract prior to such written notice. 9. Suspension of the Work The City, and its authorized representatives, may suspend portions or all of the project work due to causes including, but not limited to: a. Failure of the Contractor to correct unsafe conditions; b. Failure of the Contractor to carry out any provision of the Contract; c. Failure of the Contractor to carry out orders; d. Conditions, in the opinion of the City, which are unsuitable for performing the project work; e. Allowance of time required to investigate differing site conditions; f. Any reason considered to be in the public interest. The contract time will not be extended, nor will the Contractor be entitled to any additional compensation if the work is suspended pursuant to subsections (a), (b) or (c). If the project work is suspended pursuant to subsection (f), the Contractor is entitled to a reasonable extension of the contract time and reasonable compensation for all verified costs resulting from the suspension plus a reasonable allowance for overhead with respect to such costs. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. The foregoing provision concerning compensation in the event of a suspension of Work of this contract shall not apply if such suspension occurs as a result of the Contractor's violation of any Federal, State, or Local statutes, ordinances, rules or regulations, or as a result of any violation by the Contractor of the terms of this contract, including a determination by the City that the Contractor has not progressed satisfactorily with the Work in accordance with specifications. 10. Early Termination a. The City and the Contractor, by mutual written agreement, may terminate this Contract at any time. b. The City, on 30 days written notice to the Contractor, may terminate this Contract for any reason deemed appropriate in its sole discretion. c. The City may terminate this contract, in whole or in part, at any time for any reason considered by the City, in the exercise of its sole discretion, to be in the public interest. The City will provide the Contractor, and the Contractor's surety, seven (7) days prior written notice of a termination for public convenience. d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the breach within 15 days of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. 23 11. Payment on Early Termination a. If this contract is terminated under 10(a)(b) or (c), the City shall pay the Contractor for work performed in accordance with the Contract prior to the termination date. b. If this contract is terminated under 10(d), by the Contractor due to a breach by the City, then the City shall pay the Contractor as provided in subsection (a) of this section. c. If this contract is terminated under 10(d), by the City due to a breach by the Contractor, then the City shall pay the Contractor as provided in subsection (a) of this section, subject to set off of excess costs, as provided for in section 12, Remedies. 12. Remedies In the event of termination under 10(d), by the City due to a breach by the Contractor, then the City may complete the work either itself, by agreement with another contractor, or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this contract, then the Contractor shall pay to the City the amount of the reasonable excess. After notice of termination under paragraph 10(c), the Contractor and the Contractor's surety shall provide the City with immediate and peaceful possession of the Project site and premises, and materials located on and off the Project site and premises for which the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to termination. The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available. In the event of breach of this Contract by the City, then the Contractor's remedy shall be limited to termination of the Contract and receipt of payment as provided in section I I(b). 13. Access to Records Contractor shall maintain and the City and its authorized representatives shall have access to all books, documents, papers and records of Contractor which relate to this contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by the City. 14. Ownership of Work All work products of the Contractor that result from this contract, including but not limited to background data, documentation and staff work that is preliminary to final reports, are the property of City. Draft documents and preliminary work submitted to the City for review and comment shall not be considered as owned, used or retained by the City until the final document is submitted. The City shall own all proprietary rights, including but not limited to copyrights, trade secrets, patents and all other intellectual or other property rights in and to such work products. Preexisting trade secrets of the Contractor shall be noted as such and shall not be considered as a work product of this contract. All such work products shall be considered "works made for hire" under the provisions of the United States Copyright Act and all other equivalent laws. Use of any work product of the Contractor by the City for any purpose other than the use intended by this contract is at the risk of the City. Use of any work product by Contractor is prohibited without the written consent of the City. All documents or other materials submitted to City by Contractor shall become the sole and exclusive property of City. Such materials are subject to Oregon Public Records laws. 24 15. Compliance with Applicable Law Contractor certifies and shall comply and require all Subcontractors to comply with all federal, state, and local laws and ordinances, including specifically City of Ashland and State of Oregon Public contracting laws and rules applicable to the work under this contract, including without limitation ORS Chapter 279A-C, 279C.500 through 279C.670, and specifically ORS 279A.120(3), 279C.515, 279C.520, 279C.530, 279C.830 and 279C.580 as set forth on Exhibit B, attached hereto and made a part hereof by this reference In addition, the provisions of ORS 279C.360, 279C.365(4), and 279C.370 (Bid Documents and Disclosure); ORS 279A.010(p), 279A.120, 279C.375, and 279C.380(4), (Award of Contract and Bond); ORS 279A. 110 (Prohibition on Discrimination in Subcontracting); ORS 279C.585 (Substitution first-tier Subcontractor); ORS 279C.650 to 279C.670 (Termination); ORS 279C.520, 279C.540, 279C.545 (Hours); ORS 279C.800 to 279C.870 (Oregon Prevailing Wage Law), if applicable; ORS 279C.550 to 279C.565 (Retainage); ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) ORS 279A.125 (Recyclable Products) are all incorporated into this contract by this reference as though set forth in full. Without limiting the foregoing, Contractor expressly agrees to comply with: (i) any requirements of the DAVIS BACON ACT (40 U.S.C. 3142 and applicable Davis Bacon Related Acts; (ii) Title VI of the Civil Rights Act of 1964; (iii) Section V of the Rehabilitation Act of 1973; (iv) the Americans with Disabilities Act of 1990, (v) ORS 659A.142, (vi) all regulations and administrative rules established pursuant to those laws; and (vii) all other applicable requirements of federal and state civil rights and rehabilitation statues, rules and regulations. In addition, Contractor expressly agrees to comply with all federal and state tax laws. A condition or clause required by law to be in this contract shall be considered included and incorporated into the Contract and made a part hereof by these references. 16. Registration with Construction Contractor's Board The Contractor, hereby certifies that the Contractor is licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 and, further, that all subcontractors performing work as described in ORS 701.005(2) (i.e., construction work) will be licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence work under the contract. 17. Prevailing Wages/ BOLI Fee a. Contractor shall certify in the Contract and it shall be a condition of the bond, as provided in ORS 279C.800 through 279C.870, that in performing this Contract, Contractor will pay and cause to be paid not less than the prevailing rate of wages as of the date of the Public Notice, per hour, per day, and per week for and to each and every worker who may be employed in and about the performance of the Contract. In accordance with ORS 279C.838, each worker in each trade or occupation employed in the performance of the Contract either by Contractor , subcontractor or other person doing or contracting to do or contracting for the whole or any part of the work on the Contract shall be paid not less than the applicable state or federal prevailing rate of wage, whichever is higher. Copies of the current BOLI prevailing wage schedule and federal wage rate schedule, if applicable, can be found at the following websites: https://www.oregon.gov/boli/WHD/PWR/Pages/pwr state.aspx. b. When both federal and state prevailing wages are required to be included in the contract specifications, the City shall also include in the specifications information showing which prevailing rate of wage is higher for workers in each trade or occupation in each locality, as determined by the Commissioner of the Bureau of Labor and Industries under ORS 279C.815 (2)(c). (see attached rate schedules) c. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 2790870, Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS 279C.840. Pursuant to ORS 279C.830(1), the existing prevailing rate of wage that may be paid to workers in each trade or occupation required, in the form of a BOLL document, is included in the contract and bid documents and made a part hereof by this reference. For public works for which the contract price is $50,000 or more, all workers shall be paid not less than such specified minimum hourly rate of wage. [ORS 2790830(1)] d. City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and Industries pursuant to the administrative rule of the commissioner and as provided in ORS 279C.825(1). The fee shall be paid on or 25 before the first progress payment or 60 days from the date work first begins on the Contract, or as otherwise provided by administrative rule, whichever is the earliest date. The fee is payable to the Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street #32 Portland Oregon 97232. e. Contractor and some subcontractors shall also file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of $30,000 as required by ORS 279C.836 and shall cause all subcontractors to do the same prior to starting work on the project. [ORS 279C.830(2)] The bond must provide that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects. The bond must be a continuing obligation, and the surety's liability for the aggregate of claims that may be payable from the bond may not exceed the penal sum of the bond. The bond must remain in effect continuously until depleted by claims paid under this section, unless the surety sooner cancels the bond. Contractor shall verify that subcontractors have complied with this requirement prior to permitting the subcontractor to start work on the project. f If the Contract is for a public work and the Contract price is $50,000 or more, Contractor shall supply and file, and require every Subcontractor to supply and file, with the City and with the Wage and Hour Division, Bureau of Labor and Industries (BOLI), 800 NE Oregon #32, Portland, Oregon 97232 a certified statement in writing that conforms to the requirements of ORS 279C.845. 18. Hours of Labor /Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545] Pursuant to ORS 279C.520, no person may be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services, the employee shall be paid at least time and a half pay: a. A. For all overtime in excess of eight hours in anyone day or 40 hours in anyone week when the workweek is five consecutive days, Monday through Friday; or B. For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and b. For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. c. Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section and from ORS 279C.520 and ORS 279C.540. d. When labor is employed by the City through another as a contractor, any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the contractor within 90 days from the completion of the contract, providing the contractor has: A. Caused a circular clearly printed in boldfaced 12-point type and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and freely visible to workers employed on the work. B. Maintained the circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. e. At or before the commencement of work, the Contractor shall give notice in writing to employees or by posting, of the number of hours and days per week the employees may be required to work. [279C.520(2)(5)] 19. Medical Care and Workers Compensation JORS 279C.5301 a. Pursuant to ORS 279C.530(1), Contractor shall promptly, as due, make payment to any person, co- partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. b. Pursuant to ORS 279C.530(2), All employers, including Contractor, that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers Compensation coverage unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements.. 26 20. Retainage The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420 and 701.430. [279C.555] "Retainage" means the difference between the amount earned by a contractor on a public improvement contract and the amount paid on the contract by the City. [279C.550] Moneys retained by a contracting agency under ORS 279C.570 (7) shall either be: (a) retained in a fund by the City and paid to the contractor in accordance with ORS 279C.570; or (b) at the election of the contractor, paid to the contractor in accordance with the two options below: a. The contractor may deposit bonds, securities, or other instruments with the City or in any bank or trust company to be held in lieu of the cash retainage for the benefit of the contracting agency. In such event the City shall reduce the retainage in an amount equal to the value of the bonds, securities or instruments. and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Interest on the bonds or securities shall accrue to the contractor. {or} b. If the contractor elects, the City shall deposit the retainage, as accumulated, in an interest-bearing account in a bank, savings bank, trust company or savings association for the benefit of the City. Earnings on the account shall accrue to the contractor. If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560(1) or (5), the City may recover such costs from the contractor by reduction of the final payment. As work on the contract progresses, the contracting agency shall, upon demand, inform the contractor of all accrued costs. Bonds and securities deposited or acquired in lieu of retainage, as permitted above, shall be of a character approved by the City Attorney and City Finance Director, including but not limited to: A. Bills, certificates, notes or bonds of the United States. B. Other obligations of the United States or its agencies. C. Obligations of any corporation wholly owned by the federal government. D. Indebtedness of the Federal National Mortgage Association. E. General obligation Bond of the State of Oregon or a political subdivision thereof. Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated with such bond or instrument, the contractor may deposit a surety bond for all or any portion of the amount of funds retained, or to be retained, by the City in a form acceptable to the City. The bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth for retainage under ORS 279C.550 to 279C.570 and 279C.600 to 279C.625. The City shall reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Whenever a City accepts a surety bond from a contractor in lieu of retainage, the contractor shall accept like bonds from any subcontractor or supplier from which the contractor has retainage. The contractor shall then reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the subcontractor or supplier. [279C.560] 21. Progress Payments a. Payment for all work under the Contract will be made promptly by the City at the price or prices bid, and those prices shall include full compensation for all approved incidental work. b. Contractor shall make progress estimates of work performed in any calendar month and submit to the City for approval, before the fifth of the following month, or as mutually agreed between the Contractor and City. These estimates shall include value of labor performed and materials incorporated in the work since commencing work under the Contract. Such estimates need not be made by strict measurements and may be approximate only, and shall be based upon the whole amount of money that will become due according to terms of the Contract when Project has been completed. The City may include in payments eighty five percent (85%) of the cost to Contractor of materials or equipment not yet incorporated in the Work but delivered and suitably stored at the site, or at some other location agreed upon in writing. Such a payment shall be conditioned upon submission by the Contractor of bills of sale or such other documentation satisfactory to the City Attorney to establish the City's title to such materials or equipment or otherwise protect the City's interest including applicable insurance and transportation to the site, and a statement from Contractor explaining why 27 it is necessary to procure said equipment and/or materials. When such payments are made, the Contractor warrants and guarantees that the title to all materials and equipment covered by a progress payment, whether incorporated in the project or not, will pass to the City upon receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the above, when the progress estimate indicates that the progress payment would be less than one thousand dollars ($1,000), no progress payment will be made for that estimate period, unless approved by the City. c. If the Contract price is determined, in whole or in part, on a Lump Sum basis, Contractor shall prepare an itemized cost breakdown relating thereto and have the City approve same before commencing work; progress estimates based on said itemized cost breakdown may be the basis for progress payments. Upon direction by the City, Contractor shall provide for revision of the costs breakdown to reflect the true costs of the work as it progresses. d. If the Contract price is determined wholly on a unit basis, City may use unit prices bid in making progress estimates on the work. In case said unit prices do not, in the opinion of the City, truly represent actual relative costs of different parts of work, a percentage of the Unit Price may be used in making progress estimate adjustments. e. If the City receives written notice of any unsettled claims for damage or other costs due to Contractor's operations including, without limitation, claims from any City Department or other governmental agency, an amount equal to the claim may be withheld from the progress payments, final payments or retainage until such claim has been resolved to the satisfaction of City. f. Progress payments will be made by City on a monthly basis within thirty (30) days from sign-off by the Contractor of the progress payment or fifteen (15) days after the payment is approved by City of work performed, whichever is the earlier date. Failure to pay progress payments within the timeframe set forth above will result in the imposition of interest as required by ORS 279C.570(2)(3). Defective or improper invoices will be addressed as set forth in ORS 279C.570(4)(5)(6). g. Payment will be issued by City for the amount of the approved estimate, less five percent (5%) retainage. Except as provided in paragraph 19 above and the applicable ORS Sections noted herein, such amount of retainage shall be withheld and retained by City until it is included in and paid to Contractor as part of the final payment of the Contract amount. Upon Substantial Completion of the work under the Contract which shall be understood to be not less than ninety-seven and one-half percent (97.5%) of the work, the City may, at its discretion, reduce the retained amount equivalent to not less than one hundred percent (100%) of the contract value or estimated value or estimated cost, whichever is greater, of the work remaining to be done. [279C.570(7)] h. The City may decline to approve an application for payment and may withhold such approval if, in the City's opinion, and in good faith, the work has not progressed to the point indicated by the Contractor's submittal. The City may also decline to approve an application for payment or may reduce said payment or, because of subsequently discovered evidence or subsequent inspections, City may nullify the whole or any part of any payment previously made to such extent as may be necessary in their opinion to protect the City from loss because of: (1) defective work not remedied, (2) third party claims filed or failure of the Contractor to make payments properly to Subcontractors for labor, materials or equipment, unless Surety consents to such payment, (3) reasonable doubt that the work can be completed for the unpaid balance of the Contract sum, (4) damage to another contractor's work, (5) reasonable indication that the work will not be completed within the Contract time, (6) unsatisfactory prosecution of the work by the Contractor, (7) claims against the Contractor by the City, (8) failure to submit a construction schedule or failure to keep said construction schedule updated, or (9) exceeding work limits. When any or all of the criteria set forth above have been remedied satisfactorily to the City, payment shall be made for amounts withheld because of them. Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the Contractor to interest on such withheld payments or partial payments, except as provided in ORS 279C.570(9). i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any extension, no further estimate may be accepted or progress or other payments allowed until the Project is completed, unless approved otherwise by City. Progress estimates are for the sole purpose of determining progress payments 28 and are not to be relied on for any other purpose. A progress payment is not considered acceptance or approval of any work or materials or waiver of any defects therein. [ORS 279.570(2)] 22. Final Estimate and Final Payment a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a portion of the work is considered substantially complete. If it appears to the City that the work is not substantially complete, the City shall not make an inspection. The City may make a general list of major work components remaining. If it appears that the work is substantially complete, the City shall, within fifteen (15) days after receiving notice, make an inspection and either accept the work or notify Contractor of work yet to be performed. If accepted, City shall prepare a Certificate of Substantial Completion, Exhibit F. Upon acceptance of the Certificate of Substantial Completion by both parties, the City shall be responsible for operation and maintenance of that part of the work described in the Certificate of Substantial Completion, subject to the warranty requirements and protection of the work and all other applicable terms of the contract documents. The date of substantial completion of all the work shall stop the accrual of liquidated damages, if applicable. b. FINAL COMPLETION. Contractor shall notify the City in writing when work is 100% complete. If it appears to the City that the work is not 100% complete, the City shall not make a final inspection. The City may make a general list of major work components remaining. If it appears that the work is 100% complete, the City shall, within fifteen (15) days after receiving notice, make a final inspection and either accept the work or notify Contractor of work yet to be performed on the Contract. A Certificate of Final Completion shall not be prepared until all provisions of the Contract have been met, including but not limited to, the submission by the Contractor of a signed Certificate of Compliance, Exhibit G and executed "Release of Liens and Claims."(Exhibit H). c. When the work is 100% complete, the City shall prepare a final pay estimate and Certificate of Final Completion accepting the work as of a certain date. The Contractor shall execute and return the final pay estimate and Certificate of Final Completion within five (5) working days of receipt. Unless otherwise provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts Ownership of the work and the start date of the warranty period. The contractor may substitute a Warranty Bond in replacement of the Performance and Payment Bonds in accordance with Section 29. The City shall include in the final pay estimate an addition to the contract amount for any contract deduction from the contract amount for any liquidated damages and a deduction from the contract price in a fair and equitable amount for any damages to the City or for any costs incurred or likely to be incurred by the City due to Contractor's failure to meet any contract provision or specification other than timely completion. d. If the Contractor believes the quantities and amounts specified in the final pay estimate prepared by the City to be incorrect, Contractor shall submit to the City within five (5) working days of receipt of the City's final pay estimate, an itemized statement of any and all claims for additional compensation under the Contract which are based on differences in measurements or errors of computation. Any such claim not so submitted and supported by an itemized statement within said period is expressly waived and the City shall not be obligated to pay the same. e. The Contractor shall commence any suit or action to collect or enforce the claim or claims for any additional compensation arising from errors of computation in the final estimate within a period of one (1) year following the original mailing of the City's final estimate and Certificate of Final Completion to the Contractor's last known address as shown in the records of City. The City's issuance of a revised final estimate pursuant to this subsection does not alter the original final estimate date. If said suit, action or proceeding is not commenced in said one (1) year period, the final estimate and Certificate of Final Completion or revised final estimate and Certificate of Final Completion, if revisions are made, shall be conclusive with respect to the amount earned by the Contractor, and the Contractor expressly waives any and all claims for compensation and any and all causes of suit or action for the enforcement thereof that Contractor might have had. f. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will submit the Certificate of Final Completion and final estimate to the City for approval. Upon approval and acceptance by the City, Contractor will be paid a total payment equal to the amount due under the Contract including 29 retainage within thirty (30) days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the interest on final payment/ retainage requirements of ORS 279C.570(8). g. Monies earned by the Contractor are not due and payable until the procedures set forth in the contract documents for inspection, approval and acceptance of the work; for determination of the work done and the amount due therefore; for the preparation of the final estimate and Certificate of Final Completion and processing the same for payment; for consideration of the Contractor's claim, or claims, if any; and for the preparing of a revised final estimate and Certificate of Final Completion and processing same for payment all have been carried out. h. As a prerequisite to final payment, if Contractor is not domiciled in or registered to do business in the State of Oregon, the Contractor will provide City with evidence that the requirement of ORS 279A.120(3) has been satisfied. i. If City declares a default of the Contract, and Surety completes said Contract, all payments made after declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in accordance with the terms of the Contract. j. Acceptance by Contractor of final payment shall release City from any and all claims by Contractor whether known or unknown, arising out of and relating to the work. No payment, however, final or otherwise, shall operate to release Contractor or its Sureties from warranties or other obligations required in the performance of the Contract. k. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of ORS 279.570(9). 23. Change Orders / Extra Work The Contractor agrees to complete this Contract in accordance with the attached specifications and requirements, including any change orders. A change order submitted by the City must be agreed upon by the Contractor and the City, and in the event of failure to so agree, the City may then proceed with any additional work in any manner the City may choose. A decision by the City to proceed to have work done by another party shall in no way relieve either the Contractor or City of this Contract and neither will such action be cause for collection of damages by either party to the contract, one from the other. Only the City designated Contracting Officer or individual with delegated contracting authority can authorize extra (and/or changed) work and compensation. Such authorization must be in writing. The parties expressly recognize that, except when such order is in writing by an individual with delegated authority, City personnel are not authorized to order extra (and/or) changed work or to waive contract requirements or authorize additional compensation. Failure of the Contractor to secure City authorization for extra work shall constitute a waiver of any and all claims or rights to adjustment in the contract price or contract time due to such unauthorized extra work and thereafter Contractor shall be entitled to no compensation whatsoever for the performance of such work. Contractor further expressly waives any and all right or remedy by way of restitution and quantum meruit for any and all extra work performed by Contractor without express and prior authorization of the City. 24. Contractor/Subcontractor Payment Obligations a. The Contractor is required to include in each subcontract for property or services entered into by the Contractor and a first-tier subcontractor, including a material supplier, for the purpose of performing this contract: A. payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under such contract; [279C.580(3)(a)] and B. An interest penalty clause that obligates the Contractor, if payment is not made within 30 days after receipt of payment from the City, to pay to the first-tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph (a)(i) above. A contractor or first-tier subcontractor shall not be obligated to pay an interest penalty if the only reason that the contractor or first-tier subcontractor did not make payment when payment was due is that the contractor or first-tier subcontractor did not receive payment from the City or contractor when payment was due. The interest penalty shall be: 30 (1) For the period beginning on the day after the required payment date and ending on the date on which payment of the amount is due made; and (2) Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)] b. The Contractor is further required to include in each of its subcontracts, for the purpose of performance of such contract condition, a provision requiring the first-tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards of section a. above in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. [279C.580(4)] c. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS 279C.580(5) until such time as the Contractor has determined and certified to the City that the subcontractor is entitled to the payment of such amount. [279C.570(l d. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to subsections (3) and (4) of ORS 279C.580 does not constitute a dispute to which the City is a party. The City shall not be included as a party in any administrative or judicial proceeding involving such a dispute. [279C.580(2)] e. The Contractor shall make payment promptly, as due, to all persons supplying to the Contractor labor or material for the performance of the work provided for in the contract. [ORS 279C.505(1 )(a)] The Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fund from the Contractor or Subcontractor incurred in the performance of the contract. [ORS 279C.505(1)(b)] The Contractor shall not permit any claim or lien to be filed or prosecuted against the City and shall be fully responsible for any lien or claim filed against the City on account of any labor or material furnished. [ORS 279C.505(1)(c)] The Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. [ORS 279C.505(1)(d)] f. Pursuant to ORS 279C.51 5(l if Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the Contract as such claim becomes due, the proper officer(s) representing the City may pay the claim and charge the amount of the payment against funds due or to become due Contractor under this Contract. g. Pursuant to ORS 279C.515(2), if the Contractor or a first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580 (4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to the contractor or first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the contractor, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. h. Pursuant to ORS 279C.515(3), if the Contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. i. Pursuant to ORS 279C.515(4), the payment of a claim in the manner authorized in this section does not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. j. Living Wage Rates: If the amount of this contract is $18,703 or more, and Contractor is not paying prevailing wage for the work, Contractor must 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 work under this contract. Contractor must post the attached Living Wage notice predominantly in areas where it will be seen by all employees. 31 25. Inspection and Acceptance Inspection and acceptance of all work required under this contract shall be performed by the City. The Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items. 26. Liquidated Damages City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial financial loss if the project work is not completed within the timeframe specified in Section (1) of the Public Improvement Contract. City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or other dispute resolution preceding the actual loss suffered by City if the project work is not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the City Six Hundred Dollars per day ($600.00/day) for each and every day that elapses in excess of the contract time or the final adjusted contract time. This amount is a genuine pre-estimation of the damages expected because of a delay in the completion of this project. Any sums due as liquidated damages shall be deducted from any money due or which may become due to the Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the City's right to collect any additional damages which may be sustained by failure of the Contractor to complete the work on time. Permitting the Contractor to continue and finish the project work or any part thereof after the contract time, or adjusted contract time, has expired shall in no way operate as a waiver on the part of the City or any of its rights under this contract. The City may in its discretion grant the Contractor an extension of time upon a showing made by the Contractor that the work has been unavoidably delayed by conditions beyond the control of the parties. 27. Liability, Indemnity and Hold Harmless Contractor warrants that all its work will be performed in accordance with generally accepted practices and standards as well as the requirements of applicable federal, state, and local laws, it being understood that acceptance of Contractor's work by City shall not operate as a waiver or release. The Contractor shall hold harmless, indemnify, and defend City, its officers, agents, and employees from any and all liability, actions, claims, losses, damages or other costs of whatsoever nature, including attorney's fees and witness costs (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity arising from, during or in connection with the performance of the work, actions or failure to perform actions, and other activities of Contractor or its officers, employees, subcontractors or agents, under this contract, including the professional negligent acts, errors, or omissions of Contractor or its officers, employees, subcontractors, or agents except liability arising out of the sole gross negligence of the City and its employees. The Contractor shall assume all responsibility for the work and shall bear all losses and damages directly or indirectly resulting to the Contractor, to the City, and to their officers, agents, and employees on account of (a) the character or performance of the work, (b) unforeseen difficulties, (c) accidents, or (d) any other cause whatsoever. The Contractor shall assume this responsibility even if (a) fault is the basis of the claim, and (b) any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, loss, damage or injury. Contractor waives any and all statutory or common law rights of defense and indemnification by the City. Such indemnification shall also cover claims brought against City under state or federal workers compensation laws. Contractor shall also defend and indemnify City from all loss or damage that may result from Contractor's wrongful or unauthorized use of any patented article or process. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. Any specific duty or liability imposed or assumed by the Contractor as may be otherwise set forth in the Contract documents shall not be construed as a limitation or restriction of the general liability or duty imposed upon the Contractor by this section. In the event any such action or claim is brought against the City, the Contractor shall, if the City so elects and upon tender by the City, defend the same at the Contractor's sole cost and expense, promptly satisfy any judgment adverse to the City or to the City and the Contractor jointly, and reimburse the City for any loss, cost, damage, or expense, including attorney fees, suffered or incurred by the City. 28. Insurance The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described in Exhibit C. All costs for such insurance shall be borne by the Contractor and shall be included in the contract price. In case of the breach of any provision of this section, the City may elect to take out and maintain at the expense of the Contractor 32 such insurance as the City may deem proper. The City may deduct the cost of such insurance from any monies that may be due or become due the Contractor under this Contract. Failure to maintain insurance as provided is also cause for immediate termination of the Contract. Contractor shall furnish City certificates of insurance acceptable to City prior to execution by the City and before Contractor or any subcontractor commences work under this Contract. The certificate shall show the name of the insurance carrier, coverage, type, amount (or limits), policy numbers, effective and expiration dates and a description of operations covered. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City's acceptance. If requested, copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-insured retention's, and/or self-insurance. Approval ofthe insurance shall not relieve or decrease the liability of the Contractor hereunder. 29. Performance, Payment and Warranty Bonds / Notice of Bond Claims At the time of execution of the Contract, the Contractor shall furnish: (1) Performance Bond and (2) Payment Bond written by a corporate surety or other financial assurance in an amount equal to the amount of the Contract based upon the estimate of quantities or lump sum as set forth in the Contract and in accordance with ORS 279.380. The bonds shall be continuous in effect and shall remain in full force and effect until compliance with and fulfillment of all terms and provisions of the Contract, including the obligations of Sections 27 and 30, all applicable laws and the prompt payment of all persons supplying labor and/or material for prosecution of the work. The bond(s) or other financial assurance is subject to approval by the City. Contractor shall furnish a separate warranty bond written by a corporate surety or other financial assurance, in an amount equal to 10% of the final amount of the contract. The City may permit the warranty amount to be included in the initial performance and payment bonds. The warranty bond or other financial assurance shall be in effect for a period of one year from the date of Final Completion. The City may require a separate warranty bond or financial assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial assurance shall be for a period of one year from the date of completion of such repairs. The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding the above, if the claim is for a required contribution to a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5). 30. One-Year Warranty a. In addition to and not in lieu of any other warranties required under the Contract, Contractor shall make all necessary repairs and replacements to remedy, in a manner satisfactory to the City and at no cost to the City, any and all defects, breaks, or failures of the.work occurring within one year following the date of completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other improvements under, within, or adjacent to the work, whether or not caused by settling, washing, or slipping, when such damage or disturbance is caused, in whole or in part, from activities of the Contractor in performing its duties and obligations under this Contract when such defects or damage occur within the warranty period. The one- year warranty period shall, with relation to such required repair, be extended one year from the date of completion of such repair. If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this section, City may have the defects corrected, and the Contractor and Contractor's surety shall be liable for all expense incurred. In case of an emergency where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or Surety from liability and payment of all such costs. 33 31. Nondiscrimination in Labor No person shall be subject to discrimination in the receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age, sexual orientation or national origin. Contractor shall comply with provisions of Owner's Equal Opportunity Policy and comply with ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment practices and discrimination by employers against any employee or applicant for employment because of race, religion, color, sex, national origin, marital status or age if the individual is 18 years of age or older. Particular reference is made to ORS 659A.030, which states that it is unlawful employment practice for any employer, because of the race, religion, color, sex, national origin, marital status or age if the individual is 18 years or older or because of the race, religion, color, sex, national origin or age of any other person with whom the individual associates, or because of a juvenile record that has been expunged pursuant to ORS 419A.260 and ORS 419A.262 of any individual, or to refuse to hire or employ or to bar or discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. Any violation of this provision shall be considered a material violation of the Agreement and shall be grounds for cancellation, termination, or suspension in whole or in part.q 32. Construction Debris and Yard Waste Contractor shall salvage or recycle construction and demolition debris, if feasible and cost effective. If the contract includes lawn and landscaping maintenance, Contractor shall compost or mulch yard waste material at an approved site, if feasible and cost effective. [ORS 279C.510(1)&(2)] 33. Environmental Regulations Pursuant to ORS 279C.525(1), the following is a list of federal, state and local agencies which have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of the contract. Federal Agencies: Agriculture, Department of Forest Service Soil Conservation Service Commerce Department of National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) Defense, Department of Army Corps of Engineers Energy, Department of Federal Energy Regulatory Commission Environmental Protection Agency Health and Human Services Department of Housing and Urban Development, Solar Energy and Energy Conservation Bank Interior, Department of Bureau of Land Management Bureau of Indian Affairs Bureau of Mines Bureau of Reclamation Geological Survey Minerals Management Service U.S. Fish and Wildlife Service Labor, Department of Mine Safety and Health Administration Occupational Safety and Health Administration Transportation, Department of Coast Guard Federal Highway Administration Water Resources Council 34 State Ap_encies: Administrative Services, Department of Agriculture, Department of Consumer & Business Services, Department of Oregon Occupational Safety & Health Division Energy, Department of Environmental Quality, Department of Fish and Wildlife, Department of Forestry, Department of Geology and Mineral Industries, Department of Human Resources, Department of Land Conservation and Development Commission Parks and Recreation, Department of Soil and Water Conservation Commission State Engineer State Land Board (Lands, Division of State) Water Resources Department Local AEencies: City of Ashland City Council (Ashland Municipal Code) County Courts County Commissioners of Jackson County, County Service Districts Sanitary Districts Water Districts Fire Protection Districts Historical Preservation Commissions Planning Commission If the Contractor awarded the project is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not cited above or due to the enactment of new or the amendment of existing statutes, ordinances, rules or regulations relating to the prevention of environmental pollution and the preservation of natural resources occurring after the submission of the successful bid, the City may: a. Terminate the contract; b. Complete the work itself, c. Use non-City forces already under contract with the City; d. Require that the underlying property owner be responsible for cleanup; e. Solicit bids for a new contractor to provide the necessary services; or f Issue the contractor a change order setting forth the additional work that must be undertaken. The solicitation documents make specific reference to known conditions at the construction site that may require the successful bidder to comply with the ordinances, rules or regulations identified above. If Contractor encounters a condition not referred to in the solicitation documents, not caused by the successful bidder and not discoverable by a reasonable pre-bid visual site inspection, and the condition requires compliance with the ordinances, rules or regulations enacted by the governmental entities identified above, the successful bidder shall immediately give notice of the condition to the contracting agency. Except in the case of an emergency and except as may otherwise be required by any environmental or natural resource ordinance, rule or regulation, the Contractor shall not commence work nor incur any additional job site costs in regard to the condition encountered and described in subsection (3) of this section without written direction from the contracting agency. Upon request by the City, the Contractor shall estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the encountered condition. This cost estimate shall be promptly delivered to the contracting agency for resolution. Within a reasonable period of time following delivery of an estimate of this section, the City may: a. Terminate the contract; b. Complete the work itself, 35 c. Use non-City forces already under contract with the City; d. Require that the underlying property owner be responsible for cleanup; e. Solicit bids for a new contractor to provide the necessary services; or f Issue the contractor a change order setting forth the additional work that must be undertaken. If the City chooses to terminate the contract under either subsection(a) of this section, the Contractor shall be entitled to all costs and expenses incurred to the date of termination, including overhead and reasonable profits, on the percentage of the work completed. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. If the contracting agency causes work to be done by another contractor under either subsection (c) or (e) above, the initial contractor may not be held liable for actions or omissions of the other contractor. The change order under either subsection (f) of this section shall include the appropriate extension of contract time and compensate the contractor for all additional costs, including overhead and reasonable profits, reasonably incurred as a result of complying with the applicable statutes, ordinances, rules or regulations. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. Notwithstanding the above, the City has allocated all or a portion of the known environmental and natural resource risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents; and 34. Waiver The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of that or any other provision. City shall not be precluded or estopped by any measurement, estimate or certificate made either before or after completion and acceptance of work or payment therefore, from showing the true amount and character of work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate or certificate is untrue or incorrectly made, or that work or materials do not conform in fact to the Contract. City shall not be precluded or stopped, notwithstanding any such measurement, estimate or certificate, or payment in accordance therewith, from recovering from the Contractor and their Sureties such damages as it may sustain by reason of their failure to comply with terms of the Contract, or from enforcing compliance with the Contract. Neither acceptance by City, or by any representative or agent of the City, of the whole or any part of the work, nor any extension of time, nor any possession taken by City, nor any payment for all or any part of the project, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other breach. 35. Errors The Contractor shall perform such additional work as may be necessary to correct errors in the work required under this contract without undue delays and without additional cost. 36. Governing Law The provisions of this contract shall be construed in accordance with the laws of the State of Oregon and ordinances of the City of Ashland, Oregon. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Jackson County, Oregon. If the claim must be brought in a federal forum, then it shall be brought and conducted in the United States District Court for the District of Oregon. Contractor, 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 of the City of any form of defense or immunity.. 37. Severability If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held invalid. 36 38. Attorney's Fees If a suit or action is filed to enforce any of the terms of this contract, the prevailing party shall be entitled to recover from the other party, in addition to costs and disbursements provided by statute, any sum which a court, including any appellate court, may adjudge reasonable as attorney's fees. 39. Business License The Contractor shall obtain a City of Ashland business license as required by City Ordinance prior to beginning work under this contract. The Contractor shall provide a business license number in the space provided in this contract. 40. Notices/Bills/Payments All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: City: Kevin Caldwell, Engineering Project Manager City of Ashland Public Works Department 20 East Main Street Ashland, OR 97520 Contractor: and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. 41. Conflict of Interest Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed. 42. Merger Clause TFHS 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. BY ITS SIGNATURE, CONTRACTOR ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS CONTRACT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 37 ATTACHMENTS: EXHIBITS A-K EXHIBIT A STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS EXHIBIT B COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW EXHIBIT C INSURANCE REQUIREMENTS EXHIBIT D INDEPENDENT CONTRACTOR CERTIFICATION EXHIBIT E BONDS (PAYMENT AND PERFORMANCE) EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION EXHIBIT G CERTIFICATE OF COMPLIANCE EXHIBIT H RELEASE OF LIENS AND CLAIMS EXHIBIT I CERTIFICATE OF FINAL COMPLETION EXHIBIT J INSTRUCTIONS TO BIDDERS 38 EXHIBIT B COMPLIANCE WITH APPLICABLE LAW PUBLIC IMPROVEMENT CONTRACT This exhibit contains the requirements for public contracting as set forth in ORS Chapter 279C.360 through and including 279C.800 and is available through the City Engineering Office at 51 Winburn Way, Ashland, Oregon or online at https://www.oregonlaws.org/ors/chapter/279C. 39 EXHIBIT C PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS To: Insurance Agent. Please provide Certificates of Insurance to the Project Manager. During the term of the contract, please provide Certificates of Insurance prior to each renewal. Insurance shall be without prejudice to coverage otherwise existing. During the term of this contract, Contractor shall maintain in force at its own expense all insurance noted below: Workers Compensation insurance in compliance with ORS 656.017. All employers, including Contractor and any subcontractors, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. Commercial General Liability insurance on an occurrence basis, with a combined single limit of not less than for each occurrence of bodily injury, personal injury and property damage. It shall include coverage for broad form contractual liability; broad form property damage; personal and advertising injury; owners and contractor protective; premises/operations; and products/completed operations. Coverage shall not exclude excavation, collapse, underground, or explosion hazards. Aggregate limits shall apply on a per-project basis. Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not less than -for each accident for Bodily Injury and Property Damage, including coverage for owned, hired and non- owned vehicles. "Symbol One" coverage shall be designated. Builders Risk Insurance is required during construction to the extent of 100 percent of the value of the work for the benefit of the parties to the Contract as their interest may appear. Coverage shall also include: (1) formwork in place; (2) form lumber on site; (3) temporary structures; (4) equipment; and (5) supplies related to the work while at the site. 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. This notice provision shall be by endorsement physically attached to the certificate of insurance. Additional Insured. For general liability insurance and automobile liability insurance the City, and its agents, officers, and employees will be Additional Insureds, but only with respect to Contractor's services to be provided under this contract. This coverage shall be by endorsement physically attached to the certificate of insurance. The Contractor shall defend, indemnify, and hold harmless, the City and the City's officers, agents, and employees against any liability that may be imposed upon them by reason of the Contractor's or subcontractor's failure to provide workers' compensation and employers liability coverage. Certificates of Insurance. Contractor shall furnish insurance certificates acceptable to City prior to commencing work. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City approval. If requested, copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-insured retention's, and/or self-insurance. 40 EXHIBIT D CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR A. CONTRACTOR IS A CORPORATION CORPORATION CERTIFICATION: I am authorized to act on behalf of the entity named below, and certify under penalty of perjury that it is a corporation. Entity Signature Date B. CONTRACTOR IS INDEPENDENT. Independent Contractor Standards. As used in various provisions of ORS Chapters including but not limited to 316, 656, 657, and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an "independent contractor" if the standards of ORS 670.600 are met. Contractor and Project Manager certifies that the Contractor meets the following standards: 1. Contractor is free from direction and control over the means and manner of providing the labor or services, subject only to the specifications of the desired results. 2. Contractor is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local ordinances. 3. Contractor furnishes the tools or equipment necessary for the contracted labor or services. 4. Contractor has the authority to hire and fire employees to perform the labor or services. 5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a periodic retainer. 6. Contractor is registered under ORS chapter 701, if the Contractor provides labor or services for which such registration is required. 7. Contractor has filed federal and state income tax returns in the name of the business or a business Schedule C as part of the personal income tax return, for the previous year, for labor or services performed as an independent contractor in the previous year. 8. Contractor represents to the public that the labor or services are to be provided by an independently established business as four or more of the following circumstances exist. (Check four or more of the following:) A. The labor or services are primarily carried out at a location that is separate from Contractors residence or is primarily carried out in a specific portion of Contractors residence, which is set aside as the location of the business. B. Commercial advertising or business cards are purchased for the business, or Contractor has a trade association membership. C. Telephone listing is used for the business that is separate from the personal residence listing. 41 D. Labor or services are performed only pursuant to written contracts. E. Labor or services are performed for two or more different persons within a period of one year. F. Contractor assumes 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. If any action is taken by a person or enforcement agency relating to Contractor's independent contractor status in connection with this contract, Contractor shall defend, hold harmless and indemnify the CITY of ASHLAND, its elected and appointed officials, employees, volunteers and agents from any such action, claim, judgment, fine, penalty, or order to pay. Contractor shall pay any additional costs incurred by the City in defending such action or incurred as a result of such action. This indemnification is in addition to any indemnification otherwise in this agreement. Contractor Signature Date Project Manager Signature Date 42 EXHIBIT E BONDS CITY OF ASHLAND STANDARD PUBLIC IMPROVEMENT CONTRACT BID BOND We, , a corporation or partnership duly organized under the laws of the State of and authorized to transact business in the State of Oregon, as "PRINCIPAL," and, We, a corporation or partnership duly organized under the laws of the State of and authorized to transact business in the State of Oregon, as "SURETY," hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns firmly by these presents to pay unto the City of Ashland, Oregon, (OBLIGEE) the sum of ) Dollars. The condition of the obligation of this bond, is that the PRINCIPAL herein has in response to City's Notice to Contractors and Invitation to Bid, submitted its Offer for the Grandview Wastewater Lift Station Replacement , which Offer is incorporated herein and made a part hereof by this reference, and Principal is required to furnish bid security in an amount equal to ten (10%) percent of the total amount of the bid pursuant to ORS 279C.365 and the City's public contracting rules and contract documents. NOW THEREFORE, if the Offer, submitted by PRINCIPAL, is accepted, and if the Contract pursuant to the Offer is awarded to the PRINCIPAL, and if the PRINCIPAL executes such contract and furnishes such good and sufficient Performance and Payment Bonds as required by the Bidding and Contract documents within the time specified and fixed by the Documents, then this obligation shall be void; otherwise it shall remain in full force and effect. If the PRINCIPAL shall fail to execute the proposed Contract and to furnish the Performance and Payment Bonds, the SURETY hereby agrees to pay the OBLIGEE the surety bond sum as liquidated damages within ten (10) days of such failure. IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives this day of _120 Surety Principal Address Address By: By: Attorney -in-Fact [A certified copy of the Agent's Power of Attorney must be attached hereto.] IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Oregon. 43 PERFORMANCE BOND The undersigned as principal, further referred to in this bond as Contractor, and , as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of Dollars Contractor and City have entered into a written contract dated for the following project: Grandview Wastewater Lift Station Replacement. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: I. If Contractor faithfully performs the Contract in accordance with the plans, specifications and conditions of the contract within the time prescribed by the Contract, as required by ORS 279C. 380 through 279C.385, then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.380 through 279C.390. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows. Bond Number: Bond Agent: Address: Telephone: SIGNED this day of 2014. 44 PERFORMANCE BOND Page 2 WITNESS: CONTRACTOR: By: (Corporate Seal) Title: Legal Address: Attest: Corporate Secretary WITNESS: SURETY: (Corporate Seal) By: Title: Legal Address: Attest: Corporate Secretary 45 PAYMENT BOND The undersigned as principal, further referred to in this bond as Contractor, and , as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of Dollars Contractor and City have entered into a written contract dated , for the following project: Grandview Wastewater Lift Station Replacement. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: I . If Contractor faithfully performs the Contract within the time prescribed by the Contract, and promptly makes payment to all claimants, as defined in ORS 2790600 through 279C.620, then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.600 through 2790620. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows: Bond Number: Bond Agent: Address: Telephone: SIGNED this day of 2014. 46 PAYMENT BOND Page 2 WITNESS: CONTRACTOR: By: (Corporate Seal) Title: Legal Address: Attest: Corporate Secretary WITNESS: SURETY: (Corporate Seal) By: Title: Legal Address: Attest: Corporate Secretary 47 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION CITY'S Project No. 2007-26 Project No. N/A Project: Grandview Wastewater Lift Station Replacement CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to: 0 All Work under the Contract Documents, or ❑ To the following specified parts thereof: The Work to which this Certificate applies has been inspected by authorized representatives of CITY, CONTRACTOR and CITY, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within Days of the above date of Substantial Completion. The following documents are attached to and made a part of this Certificate: Effective as of the last date set forth below, the responsibilities between CITY and CONTRACTOR shall be as follows: Security ❑ City ❑ Contractor Operation ❑ City ❑ Contractor Safety ❑ City ❑ Contractor Maintenance ❑ City ❑ Contractor Heat ❑ City ❑ Contractor Utilities ❑ City ❑ Contractor Insurance ❑ City ❑ Contractor Warranties ❑ City ❑ Contractor 48 Other Responsibilities: City Contractor This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. CONTRACTOR accepts this Certificate of Substantial Completion on: By: CITY accepts this Certificate of Substantial Completion on: By: CITY of ASHLAND File: 49 EXHIBIT G CERTIFICATE OF COMPLIANCE CIP Number: 2007-26, Grandview Wastewater Lift Station Replacement Contractor: I, (We) hereby certify that all work has been performed and materials supplied in accordance with the plans, specifications and contract documents for the above work, and that: 1. If required by law, not less than the prevailing rates of wages have been paid to laborers, workmen and mechanics employed on this work. 2. There have been no unauthorized substitutions of materials; substitutions or assignment of subcontractors; nor have any subcontracts been entered into without the names of the subcontractors having been submitted to the City prior to the start of such subcontracted work. 3. All claims and indebtedness for material and labor and other service performed in connection with these specifications have been paid. 4. All moneys due the State Industrial Accident Fund, the State Unemployment Compensation Trust Fund, the State Department of Revenue (ORS 316.162 to 316.212) hospital associations and/or others (ORS 279C.530) have been paid. 5. All private property and easement areas have been satisfactorily restored in accordance with the contract. 6. If Contractor is not domiciled in or registered to business in the State of Oregon, Contractor has reported to the Oregon Department of Revenue such information and in the manner as required by ORS 279A.120(3). Contractor: By: Date: Title: 50 EXHIBIT H CONTRACTOR'S RELEASE OF LIENS AND CLAIMS [THIS SWORN STATEMENT IS A PREREQUISITE TO CERTIFICATE OF FINAL COMPLETION] TO: City of Ashland 20 East Main Street Ashland, Oregon 97520 FROM: PROJECT: Grandview Wastewater Lift Station Replacement PWE# 2007-26 In connection with our request for final payment for the above project, I, hereby state that: all subcontractors and suppliers on this project have been paid in full, all obligations on the project have been satisfied, all monetary claims and indebtedness on this project have been paid, and all disputes with property owners have been resolved. There are no liens or claims of any kind outstanding or threatened against the project. Furthermore, I agree to indemnify and hold harmless CITY of ASHLAND from any and all claims for labor or materials furnished under the contract for the above project. SWORN STATEMENT I hereby certify, under penalty of perjury and false swearing, that the foregoing statements are true and correct. Dated this day of _ 20 Contractor: By: Title: STATE OF OREGON ) ss. County of ) On this day of 20, before me personally appeared whom I know personally whose identity I proved on the basis of whose identity I proved on the oath/affirmation of a credible witness to be the signer of the above document, and he/she acknowledged that he/she executed the same under oath/affirmation. Notary Public for Oregon 51 EXHIBIT I CERTIFICATE OF FINAL COMPLETION Project Number: 2007-26 Project: Grandview Wastewater Lift Station Replacement Contractor: Contract Signed: Contract Expires: Contract Completed: Delinquent: I hereby certify that I have completed my contract, furnished the materials, and performed the work as shown by the final estimate of the City, according to the plans and specifications. Contractor Title Date The City has determined the project is 100% complete in compliance with all contract documents. Inspector Supervisor Date Project Manager Date CITY of ASHLAND Title Date Unless otherwise provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts ownership of the work and the start date of the warranty period. 52 EXHIBIT J INSTRUCTIONS TO BIDDERS The provisions of Oregon Administrative Rules Chapter 137, Divisions 46 and 49, apply to all bids and contracts concerning Public Improvements and Public Works in the City of Ashland. The OAR provisions control over any conflicting language in the City Standard Terms and Conditions, Special Provisions, including Technical Provisions and the OAR provisions are incorporated herein by this reference. 1. SCOPE OF WORK The work contemplated under this contract includes all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, the completion of all the work in connection with the project described in the contract documents, including the general conditions, all applicable special conditions, plans, specifications, or any supplemental documents. 2. EEO AFFIRMATIVE ACTION Bidders must comply with the City of Ashland Equal Opportunity Policy for Contractors. The policy is included in and made a part of these Contract Documents and is attached hereto and made a part hereof as Attachment A. Contractor shall not discriminate against minorities, women or emerging small business enterprises in the awarding of subcontracts. 3. BID PROVISIONS a. Each bid must contain a completed Bid including the following: A. A Bid and Schedule of Prices. B. Acknowledgement that the bidder has received and reviewed all Addenda for the bid. C. A statement that all applicable provisions of ORS Chapters 279A-C, including ORS 279C.800 to 279C.870 (Contracting and Prevailing Wages) shall be complied with. D. A statement by the bidder, as part of their bid, that the bidder agrees to be bound by and will comply with the provisions of ORS 279C.838, 2790840 or 40 U.S.C. 3141 to 3148. E. A statement as to whether the bidder is a resident bidder as defined in ORS 279A.120. F. A statement as to whether or not the bidder is licensed under ORS 468A.720 for asbestos removal. G. A statement that the bidder has a current and valid registration with the Construction Contractor's Board and/or the State Landscape Contractors Board as required by ORS 671.530. H. A statement confirming that the bidder has a Qualified Drug-testing Program for employees in place. [OAR 137-049-0200(1)(c)(B)]. 1. First Tier Subcontractor form for the project on the City form (physically received in accordance with ORS 279C.370 within 2 working hours of the bid opening). J. A Surety Bond, Cashier's check or Certified check in the amount of 10 percent of the submitted bid. K. Certification: Non-discrimination (in proposal). L. Certification: No Conflict of Interest (in proposal). M. Certification: Not ineligible for Public Works Contracts [OAR 137-049-0230] (in proposal). b. The City will not mail notice of addenda but will publish notice of addenda on the ORPIN website. Check the website frequently until closing. Addenda to the Contract Documents shall be posted on the ORPIN website. c. No bid will be received or considered by the City of Ashland unless the bid contains a statement by the bidder as a part of its bid that the Contractor shall be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. The statement shall be included in the Bid form. The existing prevailing rate of wage is available at: http://www.oregon.gov/BOLI/WHD/PWR/pwr_book.shtml. d. Each Bidder must identify in the Bid whether the Bidder is a "resident bidder" as defined in ORS 279A.120. 53 e. Unless specified in the ITB, and Contract Special Provisions, the bidder or subcontractor need not be licensed under ORS 468A.720 relating to asbestos abatement. f. No bid for a construction contract shall be received or considered by the City of Ashland unless the bidder is licensed with the Construction Contractors Board or licensed by the State Landscape Contractors Board as required by ORS 671.530. g. Each Bidder must demonstrate that its firm has a Qualified Drug Testing Program for employees in place and demonstrate compliance prior to award. h. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors when the contract value for a Public Improvement is greater than $100,000 (see ORS 279C.370; OAR 137-049-0360). Specifically, when the contact amount of a first-tier subcontractor furnishing labor or labor and materials would be greater than or equal to (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, the bidder must disclose the following information about that subcontract in its bid submission or within two (2) working hours after bid closing: (a) The subcontractor's name, (b) The dollar value of the subcontract, and (c) The category of work that the subcontractor would be performing. If the bidder will not be using any subcontractors that are subject to the above disclosure requirements, the bidder is required to indicate "NONE" on the accompanying form. Disclosure forms will be available for public inspection after the opening of the bids. THE CITY OF ASHLAND MUST REJECT A BID AS NON-RESPONSIVE IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THE REQUIRED INFORMATION BY THE STATED DEADLINE (see OAR 137-049-0360). i. Bid Security. [OAR 137-049-0290] No bid will be received or considered unless the Bid is accompanied by a certified check, cashier's check, (payable to the City of Ashland), surety bond (in approved form)(f/k/a/ bid bond), or irrevocable letter of credit issued by an insured institution [ORS 706.008] (in an approved form) in an amount equal to ten percent (10%) of the total amount bid. The successful bidder will be required to furnish a faithful performance bond and a labor and material payment bond each in the amount of one hundred percent (100%) of the amount of the contract. Said security shall be irrevocable for 60 days, unless specified otherwise. The bid security shall be forfeited, at the City's option, as fixed and liquidated damages, ifthe bidder fails or neglects to furnish the required performance bond, the insurance, or to execute the contract within 10 working days after receiving the contract from the City for execution. When a bond is used for bid security, the bond shall be executed by a surety company authorized to transact business in the State of Oregon. THE BIDDER SHALL HAVE THE SURETY USE THE SURETY BOND FORM PROVIDED HEREIN. IF THIS FORM IS NOT USED, THE BID WILL BE DEEMED NON-RESPONSIVE AND SHALL BE REJECTED. All such certified checks or surety bonds will be returned to the respective bidders within 10 working days after the bids are opened, except those of the two low bidders. The bid security of the two low bidders will be held by the City until the selected bidder has accomplished the following: A. Executed a formal contract; B. Executed and delivered to the City a Performance Bond and Payment Bond, both in the amount equal to 100% of the Contract Price; C. Furnish proof of public works bond filed with BOLI; and D. Furnish the required Certificates of Insurance. Upon the execution and delivery to the City of Ashland of the Contract and Performance Bond and Payment Bond and furnishing proof of a public works bond filed with BOLL by the successful bidder, the bid security shall be returned to the bidder. The bidder who has been awarded a contract and who fails or neglects to promptly and 54 properly execute the contract or bonds shall forfeit the bid security that accompanied the bid. It is hereby specifically provided that a forfeiture of said bid security be declared by the Council if the contract and performance bond and payment bond are not executed and delivered to the City within ten (10) working days of the day of the receipt by the successful bidder of the prepared contract. The Council, at its option, may determine that the bidder has abandoned the submitted accepted bid, in which case the bid security shall become the sole property of the City and shall be considered as liquidated damages and not as a penalty for failure of the bidder to execute the contract and bond. The security of unsuccessful bidders shall be returned to them after the contract has been awarded and duly signed. j. A Bidder submitting a bid thereby certifies that no officer, agent, or employee of the City who has a pecuniary interest in this bid has participated in the contract negotiations on the part of the City, that the Bid is made in good faith without fraud, collusion, or connection of any kind with any other Bidder for the same call for bids, and that the Bidder is competing solely on its own behalf without connection with, or obligation to, any undisclosed person or firm. k. The Bidder, in submitting the bid, certifies that the Bidder has not been disqualified and is eligible to receive a contract for a public work pursuant to ORS 279C.860 as well as the disqualification provisions of ORS 279C.440 and OAR 137-049-0370. Bidder agrees, if awarded a contract, that every subcontractor will not be ineligible to receive a contract for a public work pursuant to ORS 279C.860 and will otherwise not be disqualified under ORS 279C.440 and OAR 137-049-0370. 4. PREOFFER CONFERENCE AND PREQUALIFICATION OF BIDDERS If a pre-offer conference is scheduled, notice will be provided in accordance with OAR 137-049-0200(1)(a)(B). If prequalifi cation will be required it will be specifically stated in the Notice to Contractors and Invitation to Bid, including the date prequalification applications must be filed under ORS 279C.430 and the class or classes of work for which bidders must be pre-qualified. [OAR 137-049-0200(1)(a)(C).].[ORS 279C.365(1)(c)] For example, the requirement for ODOT Prequalification reads as follows: Bidders must be pre-qualified with the Oregon Department of Transportation or General Service per ORS 2790.435 to perform the type and size of work contemplated herein and shall submit, to the City upon request. The City will investigate and determine the qualifications for the apparent low bidder prior to awarding the contract. [OAR 137- 049-0220]. Applications submitted without being designated for a project advertised for bid by the City will be considered as a general prequalification application and processed pursuant to ORS 279C.430 to 279C.450, and notice of prequalification status will be given within thirty (30) days of the receipt of the application. A notice of disqualification can be given orally. An oral disqualification notice will be followed by written notice and bear the date of the oral notice. (NOTE: No person may engage in any business within the City without first obtaining a City Business License and paying the fee prescribed pursuant to City of Ashland Ordinance and accompanying Fee Resolution) 55 5. FORM OF BID a. Bids shall be submitted in sealed envelopes to: Street Address: Mailing Address: Kevin Caldwell Kevin Caldwell Engineering Project Manager Engineering Project Manager City of Ashland City of Ashland 51 Winburn Way 20 East Main Street Ashland, Oregon 97520 Ashland, Oregon 97520 The outside of the transmittal envelope shall bear the following information: Name of Bidder Address and telephone number of Bidder Title of Project Date of opening The words "Sealed Bid" If the sealed bid is forwarded by mail or messenger service, the sealed envelope containing the bid, and marked as above, must be enclosed in another envelope addressed as noted above. Facsimile and Electronic Data Interchange bids shall not be accepted unless otherwise specified in the Special Provisions. No bid will be received or considered by the City unless the bid contains all the Required Bid Documents and Certifications. b. All bids must be clearly and distinctly typed or written with ink or indelible pencil and be on the Bid form furnished by Owner. The bid must be signed by the Contractor or a duly authorized agent. If erasures or other changes appear on the form, they shall be initialed in ink by the person who signs the bid. The bidder shall not alter, modify or change the Bid forms except as directed by addendum. All applicable blanks giving general information must be completed, in addition to necessary unit price items and total prices in the column of totals to make a complete bid. The Bid is the bidder's offer to enter into a contract which, if the Bid is accepted for award, binds the bidder to a contract and the terms and conditions contained in the Bid, as well as the Solicitation Documents. A bidder shall not make the Bid contingent upon the City's acceptance of specifications or contract terms which conflict with or are in addition to those advertised in the Notice to Contractors and Invitation to Bid. Any statement accompanying and tending to qualify a bid may cause rejection of such bid, unless such statement is required in a bid embracing alternative bids. c. Unless otherwise specified, Bidders shall bid on all bid items included in the bid and the low Bidder shall be determined. Except as provided herein, bids which are incomplete, or fail to reply to all items required in the bid may be rejected. d. Bidders shall state whether business is being done as an individual, a co-partnership, a corporation, or a combination thereof, and if incorporated, in what state, and if a co-partnership, state names of all partners. The person signing on behalf of a corporation, a co-partnership or combination thereof shall state their position with the firm or corporation, and state whether the corporation is licensed to do business in the State of Oregon. 6. LATE BIDS Bids received after the scheduled closing time for submission of bids as set forth in the invitation for bids will be rejected. Bids will be time and date stamped by Community Development Department / Public Works Counter personnel upon receipt. Such time and date stamps will govern the determination of on-time submission of bids. Bids received after the time so fixed are late bids. Late bids will be time and date stamped at the time of receipt by City personnel, marked as "Rejected as Late Bid" and will be returned, unopened, to the submitted. 56 7. INTERPRETATION OF CONTRACT AND ADDENDA If a bidder finds error, discrepancies in, or omissions from the plans, specifications or contract documents, or has doubt as to their interpretation or meaning, the bidder shall at once notify the City Contact Person/ Project Manager. The City will investigate and determine if an addendum will be issued. If it should appear to a Bidder that the work to be done or matters relative thereto are not sufficiently described or explained in the Contract Documents or that Contract Documents are not definite and clear, or the Bidder needs additional information or an interpretation of the contract, the Bidder may make written inquiry regarding same to the Project Manager at least ten (10) days, unless otherwise specified, before the scheduled closing time for submission of bids. If, in the opinion of the Project Manager, additional information or interpretation is required, an addendum will be issued and posted on the ORPIN website. Any addendum or addenda issued by the City which may include changes, corrections, additions, interpretations or information, and issued seventy-two (72) hours or more before the scheduled closing time for submission of bids, Saturday, Sunday and legal holidays not included, shall be binding upon the Bidder. City shall post all addenda to the ORPIN website, failure of the Contractor to receive or obtain such addenda shall not excuse them from compliance therewith if they are awarded the contract. ORAL INSTRUCTIONS OR INFORMATION CONCERNING THE CONTRACT OR THE PROJECT GIVEN OUT BY OFFICERS, EMPLOYEES OR AGENTS OF THE CITY TO PROSPECTIVE BIDDERS SHALL NOT BIND THE CITY. 8. EXAMINATION OF CONTRACT, SITE OF WORK AND SUBSURFACE DATA a. Prior to submitting a bid, it is the responsibility of each Bidder to: A. Examine the plans, specifications and contract documents thoroughly. B. Become fully informed as to the quality and quantity of materials and the character of the work required. C. Visit the site to become familiar with local conditions that may affect cost, progress, or performance of the work and sources and supply of materials. D. Consider all federal, state and local laws, ordinances, rules and regulations that may affect cost, progress, or performance of the work, including environmental and natural resource ordinance and regulations E. Consider identified site conditions and conduct pre-bid inspection to address environmental and natural resource laws implicated by the project. F. Study and correlate the Bidder's observations, especially as regards site conditions with the Contract Documents. G. Notify the Contact Person of all conflicts, errors, ambiguities or discrepancies discovered in the Contract Documents. b. Bidders shall determine for themselves all the conditions and circumstances affecting the project or the cost of the proposed work, including without limitation utility interferences, by personal examination of the site, careful review of the Contract and by such other means as the Bidder feels may be necessary. It is understood and agreed that information regarding subsurface or other conditions, or obstructions indicated in the Contract Documents, is provided by Owner only for the convenience of Bidders and may not be complete or accurate and such information is not expressly or tacitly warranted to accurately represent actual conditions. Bidder's use of such information shall be at Bidder's sole risk, and Bidder is responsible to confirm any information provided from such independent sources as Bidder feels may be necessary. c. Logs of test holes, test pits, soils reports, ground-water levels and other supplementary subsurface information are offered as information of underlying materials and conditions at the locations actually tested. Owner will not be liable for any loss sustained by the Bidder as a result of any variance between conditions contained in or interpretations of test reports and the actual conditions encountered during progress of the work. 57 d. The submission of a Bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the site subsurface conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the Contract. e. The City will not pay any costs incurred by any Bidder in the submission of a Bid, or in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the items to be furnished under the invitation to bid. When submitting a bid, the Bidder agrees that consideration has been given to the requirements and conditions contained throughout these bid documents. f. Notice: It is further understood that a bid awarded hereunder is subject to the City being able to comply with all zoning and land development ordinances or obtain rezoning of the property where necessary, and comply with local building code restrictions and conditions for structures contemplated in the project, any or all of which conditions may be contained in the contract or contract Special Provisions and if such conditions are not satisfied may result in termination of the contract. 9. FAMILIARITY WITH LAWS AND ORDINANCES a. The Bidder is presumed to be familiar with all Federal, State, and local laws, ordinances, and regulations which in any manner affect those engaged or employed in the work or the materials or equipment used in the proposed construction, or which in any way affect the conduct of the work. If the Bidder, or Contractor, shall discover any provision in the Contract which is contrary to or inconsistent with any law, ordinance or regulation, it shall immediately be reported to the Owner in writing. b. No person may engage in any business within the City without first obtaining a City business license and paying the fee prescribed pursuant to City of Ashland Ordinance. The Contractor and their subcontractors shall obtain a City of Ashland business license prior to beginning any work within the City of Ashland. 10. UNIT BIDS a. The estimate of quantities of work to be done under unit price bids is approximate and is given only as a basis of calculation for comparison of bids and award of the Contract. The City does not warrant that the actual amount of work will correspond to the amount as shown or estimated. Payment will be made at unit prices under a contract, only for work actually performed or materials actually furnished according to actual measurement that were necessary to complete the work. b. Bidders must include in their bid prices the entire cost of each item of work set forth in the bid, and when, in the opinion of the City, the prices in any bid are obviously unbalanced, such bid may be rejected. c. The unit contract prices for the various bid items of the contract shall be full compensation for all labor, materials, supplies, equipment, tools and all things of whatsoever nature are required for the complete incorporation of the item into the work the same as though the item were to read "In Place." 11. WITHDRAWAL, MODIFICATION OR ALTERATION OF BID a. Bids may be withdrawn on written request received from the bidders prior to the time fixed for opening. The request shall be executed by the bidder or a duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. The bid will be irrevocable until such time as the City: A. Specifically rejects the bid, and B. Awards the contract to another bidder and said contract is properly executed. All bids shall remain subject to acceptance by the City for sixty (60) days after the date of the bid opening. b. Prior to Bid Opening, changes may be made provided the change is initialed by the Bidder or the Bidder's agent. If the intent of the Bidder is not clearly identifiable, the interpretation most advantageous to Owner will prevail. 58 c. No Bidder may withdraw a bid after bid opening unless sixty (60) days have elapsed and the City has not awarded a contract. 12. MISTAKES IN BIDS a. To protect the integrity of the competitive solicitation process and to assure fair treatment of Bidders, City will carefully consider whether to permit waiver, correction or withdrawal for certain mistakes. b. Treatment of Mistakes. City shall not allow a Bidder to correct or withdraw a Bid for an error in judgment. If the City discovers certain mistakes in a Bid after Opening, but before award of the Contract, the City may take the following action: A. City may waive, or permit a Bidder to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Bid, or an insignificant mistake that can be waived or corrected without prejudice to other Bidders. Examples of minor informalities include a Bidder's failure to: (1) Return the correct number of Signed Bids or the correct number of other documents required by the Solicitation Document; (2) Sign the Bid in the designated block, provided a Signature appears elsewhere in the Bid, evidencing an intent to be bound; and (3) Acknowledge receipt of an Addendum to the Solicitation Document, provided: it is clear on the face of the Bid that the Bidder received the Addendum and intended to be bound by its terms; and the Addendum involved did not affect price, quantity or delivery. B. City may correct a clerical error if the error is evident on the face of the Bid, or other documents submitted with the Bid, and the Bidder confirms the City's correction in Writing. A clerical error is a Bidder's error in transcribing its Bid. Examples include typographical mistakes, errors in extending unit prices, transposition errors, arithmetical errors, instances in which the intended correct unit or amount is evident by simple arithmetic calculations (for example a missing unit price may be established by dividing the total price for the units by the quantity of units for that item or a missing, or incorrect total price for an item may be established by multiplying the unit price by the quantity when those figures are available in the Bid). In the event of a discrepancy, unit prices shall prevail over extended prices. C. City may permit a Bidder to withdraw a Bid based on one or more clerical errors in the Bid only if the Bidder shows with objective proof and by clear and convincing evidence: (1) The nature of the error; (2) That the error is not a minor informality under this subsection or an error in judgment; (3) That the error cannot be corrected or waived under subparagraph (b) of this subsection; (4) That the Bidder acted in good faith in submitting a Bid that contained the claimed error and in claiming that the alleged error in the Bid exists; (5) That the Bidder acted without gross negligence in submitting a Bid that contained a claimed error; (6) That the Bidder will suffer substantial detriment if the City does not grant it permission to withdraw the Bid; (7) That the City's or the public's status has not changed so significantly that relief from the forfeiture will work a substantial hardship on the City or the public it represents; and (8) That the Bidder promptly gave notice of the claimed error to the City. D. The criteria in subsection (c) above shall determine whether a City will permit a Bidder to withdraw its Bid after Closing. These criteria also shall apply to the question whether an City will permit a Bidder to withdraw its Bid without forfeiture of its bid bond (or other bid security), or without liability to the City based on the difference between the amount of the Bidder's Bid and the amount of the contract actually awarded by the City, whether by award to the next lowest Responsive and Responsible Bidder or the best Responsive and Responsible Proposer, or by resort to a new solicitation. c. Rejection for Mistakes. The City shall reject any Bid in which a mistake is evident on the face of the Bid and the intended correct Bid is not evident or cannot be substantiated from documents accompanying the Bid, i.e., documents submitted with the Bid. 59 13. REJECTION OF BIDS a. The City may reject any bid upon a finding that the Bid meets the criteria specified in OAR 137-049-0440(] )(a) or (b) or has not provided the certification required under OAR 137-049-0440(3). The City shall reject a Bid from a Bidder who meets the criteria specified in OAR 137-049-0440(1)(c). The City may, for good cause, reject any or all bids upon a finding it is in the public interest to do so. In any case where competitive bids are required and all bids are rejected, and the proposed contract is not abandoned, new bids may be called for as in the first instance. The City may, at its own discretion, waive minor informalities. b. This invitation to bid does not commit the City to pay any costs incurred by any Bidder in the submission of a Bid, or in making necessary studies, subsurface investigations or designs for the preparation of a Bid, or for procuring or contracting for the items to be furnished pursuant to the Contract Documents. The City reserves the right to reject any or all bids when such rejection is in the best interest of the City of Ashland. Bids may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. When Bids are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a "Power of Attorney" must be submitted with the Bid or on file with the City Administrator prior to opening of bids; otherwise, the Bid will be rejected as irregular. More than one Bid from an individual, firm, partnership, corporation, or combination thereof with an interest in more than one bid, for the items bid, will be cause for the rejection of all Bids in which such individual, firm, partnership, corporation, or combination thereof, is interested. If there is reason to believe that collusion exists among bidders, none of the bids of the participants in such collusion will be considered, and all involved bids shall be rejected. Bids in which prices are obviously unbalanced may be rejected. 14. BID PROTEST IOAR 137-049-02601 Bidders may, in writing protest or request changes of any specifications or contract terms in accordance with adopted City contracting rules. The written protest or request for changes must be received by the City no later than ten (10) calendar days prior to the Bid Closing Date. The written protest or request shall include the reasons for the protest or request, and any proposed changes to the bid specifications or contract terms and a description of the prejudice to the bidder. Envelopes containing bid protests shall be marked "Contract Provision Protects or Request" with the Bid Number and Closing Date. No protest against award, owing to the content of the bid specifications or contract terms shall be considered after the deadline established for submitting protests of bid specifications or contract terms. 15. ORS 654.150 SANITARY FACILITIES AT CONSTRUCTION PROJECTS STANDARDS, EXEMPTIONS If the contract price is estimated (itemized bid) or bid (lump sum) by Contractor at $1,000,000 or more, Contractor shall be responsible for all costs (which costs shall be included in the bid whether or not a specific bid item is provided therefore) that may be incurred in complying with or securing exemption or partial exemption from the requirements of ORS 654.150 (Sanitary facilities at construction projects; standards, exemptions) and the rules adopted pursuant thereto. Determination of applicability of ORS 654.150 to the project is the sole responsibility of the Contractor. 60 Attachment A CITY OF ASHLAND Nondiscrimination and Equal Opportunity Policy for Contractors 1. GENERAL POLICY OF NON-DISCRIMINATION It is the policy of the City of Ashland to promote equal opportunity to all persons regardless of race, religion, color, national origin, sex, age, marital status, handicap, or political affiliation, in respect to employment, public services, facilities and accommodations. This policy is reinforced by obligations assumed by the City as a condition of receipt of federal and state funds. This policy thus becomes an obligation which must be assumed by the Contractor as well. Because in some cases religion, sex, age, or disability may properly be the basis for denial or restriction of privileges with respect to employment, public services, facilities or accommodations, the following more specific obligations, terms, or conditions shall apply. 2. DISCRIMINATION BECAUSE OF RELIGIOUS BELIEF With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity without regard to religion if every reasonable effort has been made to accommodate the particular religious beliefs or practices of an employee or applicant for employment, but such accommodation cannot be made without undue hardship to the employer. 3. DISCRIMINATION BECAUSE OF SEX With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard, practice, or decision which accords an employee or applicant different treatment because of sex, if such rule, standard, practice, or decision is based upon a bona fide occupational qualification which the employer cannot, without undue hardship, modify or waive to accommodate the employee or applicant. With respect to public services, facilities, and accommodations the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard, practice, or decision which restricts or limits access to such on a basis of sex where: a. Physical facilities such as restrooms, bathing facilities, dressing rooms, etc. must be segregated on the basis of sex to accord personal privacy or comply with local, state, or federal law, or ordinance, or administrative regulation; or b. The content or subject matter of a program or service is clearly of benefit to persons of a particular sex only because it deals with medical, psychological, or sociological factors inherently linked to the characteristics of one sex only, or its effectiveness in providing benefit to persons of one sex would be unreasonably and adversely affected by the participation of persons of the opposite sex. 4. DISCRIMINATION BECAUSE OF DISABILITY With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled if every reasonable effort has been made to accommodate any physical or mental disabilities of an employee or applicant, but such accommodations cannot be made without undue hardship to the employer; or where, because of such disability, the employee or applicant cannot meet a bona fide occupational qualification that cannot be waived or modified without undue hardship to the employer. With respect to public services, facilities and accommodations only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled where: 61 a. Architectural barriers limiting access to facilities owned or occupied by the Contractor cannot be eliminated without structural alterations, and are permitted to remain under the provisions of the Oregon State Structural Specialty Code; or b. A program or activity, viewed in its entirety, is readily accessible to and usable by persons who are physically or mentally disabled. c. The purpose of the program, service, or facility is to provide a special benefit to persons characterized by a particular handicap in some respect specially related to the educational, medical, psychological, mobility, social or economic needs of persons so disabled. 5. DISCRIMINATION BECAUSE OFAGE With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity regardless of age where: a. Certain positions include duties which must, by law or .ordinance, be performed by persons over a certain age, and the employer cannot accommodate the employment of a person under that minimum age without undue hardship; b. The employee or applicant has passed any applicable age established by the Congress of the United States beyond which an employer may reject an employment application or mandate an employee's retirement. With respect to public services, facilities, and accommodations only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity without regard to age where: c. The purpose of the service, facility, or accommodation is to benefit or serve persons under 18 years of age or their adult custodians in some respect specially related to the needs of such persons; or d. The purpose of the service, facility, or accommodation is to benefit or serve persons 65 years of age or older in some respect specially related to the educational, medical, psychological, mobility, social, or economic needs common to persons of that age group. 6. DEFINITIONS As used in this Policy, there are several terms specifically defined in various federal, state, and local laws, ordinances, and administrative regulations applicable either because of the City's receipt of federal or state funds, or because they are general laws and ordinances prohibiting discrimination. In addition, judicial and administrative decisions have created an additional body of law further defining these terms in their application. Because of the magnitude and complexity of these various legal definitions and interpretations, it is not possible to provide exhaustive definitions herein. The Contractor should be guided by the following general rules: a. Where two separate legal definitions or interpretations may apply in a given situation, the one according the greatest degree of protection to the person entitled to their protection shall govern. b. "Disability" and "handicap" are intended to be synonymous. c. The Contractor is not entitled to advisory opinions or advice from City representatives as regards the specific application of this policy. It is up to the Contractor, and their own legal counsel to ascertain compliance with this policy, federal, state and local law. The City expressly disclaims any responsibility for the Contractor's reliance on advice or opinions given by City representatives. d. The Contractor is cautioned that restrictions in deeds, leases, collective bargaining agreements, and other contracts may not in every case justify an otherwise discriminatory act, policy, or practice. The Contractor must, at his own risk and expense, comply with this Policy regardless of contractual restrictions which do not justify Contractor's acts, policies, or practices. 62 7. ADVERTISING AND PROMOTIONAL MATERIAL In all advertising, postings, and promotional material relating to hiring, the Contractor shall include the following statement: " (name of contractor) is an equal opportunity employer and does not discriminate in hiring, promotion, layoff, discipline, transfer, compensation, or other terms of employment because of a person's race, religion, color, national origin, sex, age, marital status, handicap, or political affiliation." EXCEPTION: In "classified" advertising the Contractor need only include the statement "An Equal Opportunity Employer." In all advertising, postings, and promotional material relating to programs and services funded in whole or in part under a contract with the City of Ashland, the Contractor shall include the following statement: "This (program or service as applicable) is open to all persons without regard to race, religion, color, national origin, sex, age, marital status, handicap or political affiliation. For further information about this equal opportunity policy, contact (name of contractor's representative) at (phone number) 8. RETALIATION The Contractor shall not, in any manner, accord different or unequal treatment to or in any way discriminate against any person because of such person's filing of or participation in any grievance or complaint of discrimination contrary to its policy, whether such grievance or complaint is logged with the City of Ashland, or any state or federal court or agency. 9. GRIEVANCE PROCEDURE During the term of this Contract, and for at least six months thereafter, the Contractor shall conspicuously display the attached "Notice: Your Rights to Have Discrimination Complaints Heard" in locations accessible to the public at its principal office and all other premises within the City of Ashland where it conducts any operations. Likewise the Contractor shall fully cooperate with the designated representative of the City of Ashland and state and federal civil rights compliance agencies in investigating, mediating, and otherwise handling complaints or grievances concerning this Policy. 10. VIOLATIONS Violation by the Contractor of any provision of this Policy may, in addition to any remedy accorded an aggrieved person, be cause for termination of the Contract, debarment from participation in future City of Ashland contracts, or both. 11. CONTRACTS DIRECTLY FUNDED BY FEDERAL OR STATEAGENCIES If this Contract is funded in whole or in part by federal or state grants, there may be imposed on the Contractor the additional obligation of "affirmative action" to ensure equal opportunity, and specific standards and reporting requirements to be met. "Affirmative action," in general, means taking positive and affirmative steps to involve historically disadvantaged classes of persons in the performance of the work or participation in the benefits of this Contract. These steps may include special recruitment efforts, specific goals as to percentages of such persons employed in certain jobs, specific goals as to percentages of such persons employed in certain jobs, specific standards for the amount of work to be subcontracted to minority-owned businesses, etc. If there are such additional requirements beyond this policy, the invitation to Bidders or Request for Proposals will state: "This project is funded in whole or in part through City of Ashland fees and rates . Special equal opportunity requirements imposed by that agency are contained in the bid documents, and bidders are cautioned to examine them carefully in preparing their bids." 63 Council Business Meeting September 19, 2017 Title: Climate and Energy Action Plan - Second Reading of Goals/Targets Ordinance From: David Lohman City Attorney david.lohman@ashland.or.us Summary: Council has formally approved the Climate and Energy Action Plan ("CEAP" or "Plan"). Culminating 18 months of committee work and extensive public engagement, the Plan provides a foundation and framework for community and City actions to reduce greenhouse gas (GHG) emissions and make our local environment, infrastructure, and people better able to cope with the impacts of climate change. Attachment A hereto is a slightly modified version of the draft ordinance Council approved on First Reading September 5, 2017, affirming the City's commitment to the Plan's targets and goals. The proposed modification is in the definition of City Operations at section 9.40.01013. Actions, Options, or Potential Motions: I move to approve Second Reading and adoption of an ordinance attached hereto as Attachment A and titled "An Ordinance Establishing Greenhouse Gas and Fossil Fuel Reduction Goals and Targets for Community and City Operations" [with the following modifications Staff Recommendation: Staff recommends approval of the ordinance as proposed in Attachment A. Resource Requirements: Beyond the resources already committed in the 2017-19 budget for a CEAP Coordinator, the resources necessary to meet the CEAP targets and goals may well be considerable, but are not susceptible to estimation at this time partly because of fast-changing technological and regulatory developments. Policies, Plans and Goals Supported: 1) 2015-17 City Council Goals 22.1 - Develop and implement a community climate change and energy plan 2) Ashland Comprehensive Plan, Element XI - Energy, Air and Water Conservation Background and Additional Information: At its March 7, 2017 meeting, Council formally approved the CEAP document with a unanimous vote. In addition, a CEAP staff position was successfully accepted by the Citizen's Budget Committee into the City's 2017-19 biennial budget, and the hiring process for that position is currently underway. Page 1 of 3 CITY OF -ASH LAN D CEAP Goals and Targets 1) Reduce Ashland's contribution to global carbon pollution by reducing greenhouse gas emissions associated with City, residential, commercial and industrial activities: o Reduce total community greenhouse gas emissions by 8% on average annually through 2050 o Attain carbon neutrality in City operations by 2030, and reduce fossil fuel consumption by 50% by 2030 and 100% by 2050 2) Prepare the City's communities, systems and resources to be more resilient to climate change impacts. As noted in the plan document in several places, the 8% annual emissions reduction goal is derived based on what is called a science based methodology and is a relatively new method for setting emission reduction targets. This goal methodology results in a very aggressive reduction trajectory; however, it aligns with what is globally accepted as necessary to avoid potentially catastrophic impacts. It is understood that local action alone cannot achieve the 8% annual emissions reduction goal. But local action can play a part in achieving the overall reductions needed and can be a catalyst for action and change beyond what can be collectively controlled and influenced at the local level. Implementing the Plan will require increased focus on climate change and greenhouse gas emissions as key decision-making considerations and will involve nearly every department within the City, as well as community and civic partners, businesses and all residents. September 5, 2017 Meeting At the meeting, the Council discussed possible deletion of the phrase "or elsewhere" in the definition of "City Operations" in Section 9.40.010B to avoid unintentional overreach. No Councilmember moved to remove that phrase, but the possibility of making such a change on Second Reading was discussed. The draft ordinance attached hereto as Attachment A provides a new definition of "City Operations" intended to make that term consistent with the municipal government activities measured and tracked pursuant to the Plan and to avoid possible unintended inclusion of municipal activities not specifically addressed in the Plan. As an alternative means of addressing concern about possible misunderstanding of the term "or elsewhere," Attachment B is a possible amendment replacing the new definition of "City Operations" with the definition included in the ordinance version passed on First Reading except that the phrase "or elsewhere'' is removed. Any change to the ordinance version passed on First Reading most be read aloud at Second Reading. Page 2of3 CITY OF -ASHLAND Attachments: • Attachment A: CEAP ordinance approved on First Reading, except for a new definition of "City Operations" in section 9.40.0 1OC. • Attachment B: Possible amendment to replace the new definition of "City Operations" in section 9.40.01 OC with the definition approved on First Reading but without the words "or elsewhere" at the end of the definition. Additional Links Final LEAP Action Plan Ad hoc CEAP Committee minutes, February 15, 2017 Minutes of July 18 2017 Regular Meeting of Ashland City Council Minutes of September 5, 2017 Regular Meeting of Ashland City Council Page 3of3 CITY OF -ASHLAND ORDINANCE NO. AN ORDINANCE ESTABLISHING GREENHOUSE GAS AND FOSSIL FUEL REDUCTION GOALS AND TARGETS FOR COMMUNITY AND CITY OPERATIONS WHEREAS, Article 2, Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, increased concentrations of greenhouse gases in the atmosphere are causing mean global temperatures to rise: The decade from 2000 to 2010 was the warmest on record; 2016, 2015 and 2014 are the three hottest years on record; and the seventeen consecutive months of May 2015 through September 2016 each set a record for global average surface temperatures for their respective months. WHEREAS, C02 levels in the atmosphere surpassed 400 parts per million (ppm) for the first time in 800,000 years in the year 2013 and have come near or exceeded that level in the following years. WHEREAS, the health, welfare, and economic future of the residents of Ashland will be impacted by these climatic changes WHEREAS, the City of Ashland ("The City") has a Climate and Energy Action Plan (-Plan") intended to guide and support both City and Community efforts to advance the goal of returning global atmospheric C02 concentration to below 350 ppm by the year 2100. WHEREAS, the strategies and actions in the Climate and Energy Action Plan may be updated over time upon approval by the City Council. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1: The City of Ashland Municipal Code (AMC) Title 9 is hereby amended by adding a new Chapter 9.40 to read as follows: Ordinance No. Page] of 3 9.40 CLIMATE RECOVERY 9.40.010 Definitions The following words and phrases whenever used in this chapter shall be construed as defined in this section. A. "Greenhouse Gases" or "GHG" means gases in the atmosphere that absorb and emit radiation and are the fundamental cause of the greenhouse effect. B. "City Operations" means any and all actions undertaken by the Ashland municipal government, ineluding any operations at its own faeilities or . that are measured and tracked within established Greenhouse Gas Inventory protocols for local government operations. C. "Community" means collectively all individuals or entities operating, residing or located within the boundaries of the City, including private and public entities. D. "GHG Baseline" means Ashland's 2015 GHG emissions calculations as found in the 2016 Greenhouse Gas Inventory document. 9.40.020 Climate Recovery Goals - Community The City shall actively encourage Community entities and individuals to make [incorporate] achievement of the Community Climate Recovery Goals, as set forth in the most current City Council-approved version of the Climate and Energy Action Plan, a [as] part of the goals for their respective operations and facilities. 9.40.030 Climate Recovery Goals - City Operations Achievement of the Climate Recovery Goals for City Operations, as set forth in the most current City Council-approved version of the Climate and Energy Action Plan, shall be part of the goals for City Operations. 9.40.040 Climate and Energy Action Plan Contents and Updates The Climate and Energy Action Plan and any updates must contain the following: A. Specific and measurable GHG reduction targets and milestones to guide and direct City Operations toward achieving the Plan's GHG mitigation and fossil fuel reduction targets for the City. B. Specific and measurable GHG reduction targets and milestones to guide the Community toward achieving the Plan's GHG mitigation and fossil fuel reduction targets for the Community. C. The above GHG mitigation and fossil fuel reduction targets for City Operations and for the Community must each be supported by at least the following elements in the Plan: Ordinance No. Page 2 of 3 1. Strategies, actions, timelines for meeting the Plan's GHG and fossil fuel reduction targets. 2. Schedule of periodic objective, science-based evaluations of progress towards achievement of the Plan's GHG and fossil fuel reduction targets. 3. Minimum reporting content and schedule for presentations to City Council on LEAP, GHG Inventory updates, and progress towards achievement the Plan's GHG and fossil fuel reduction targets. 4. Specific process for considering Plan amendments, including comprehensive review on a three year cycle. 5. Specification of the responsibility of the Climate and Energy Action Plan Commission for providing advisory input on CEAP implementation and updates. SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-letter, provided however that any Whereas clauses and Sections 2 and 3 need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2017, and duly PASSED and ADOPTED this day of 2017. Melissa Huhtala, City Recorder SIGNED and APPROVED this day of 12017. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 3 of 3 ATTACHMENT B Possible Amendment to definition of City Operations [If making the main motion] I move to approve Second Reading and adoption of an ordinance attached hereto as Attachment A and titled "An Ordinance Establishing Greenhouse Gas and Fossil Fuel Reduction Goals and Targets for Community and City Operations" with a modification to the definition of City Operations so as to replace the words "that are measured and tracked within established Greenhouse Gas Inventory protocols for local government operations" with the following words: -including operations at its own facilities." OR [If amending the main motion made by another Councilor] I move to amend the motion to replace the words "that are measured and tracked within established Greenhouse Gas Inventory protocols for local government operations" with the following words: "including operations at its own facilities." J- 10/2 Study Session (in Council Chambers) 10/2 1 Continued discussion of funding options for police officers Admin John Karns SS 10/3 Regular Council Meeting 10/3 2 Presentation b the City Hall ad hoc Committee Admin Ann Seltzer PRES 3 Appointments to ad hoc CEAP Committee Admin Adam Hanks CONS 4 Update on water treatment plant siting PW Paula Brown NEW 10/16 Study Session (in Council Chambers) 5 Future projects overly ma PW Paula Brown SS 10/16 Executive Session (in Jury Room) 10/16 6 For real property transaction pursuant to ORS 190.660(2)(e) Parks Legal Michael Black EXEC 10/17 Regular Council Meeting 10/17 7 Annual presentation b the Public Art Commission Admin Ann Seltzer PRES s Follow u to city hall options Admin John Karns NEW 9 Smoking ordinance revisions Legal David Lohman ORD-1 ORD-2 11/6 Study Session (in Council Chambers) 11/6 10 Update on Road Diet intersection improvements PW Paula Brown SS 11/7 Regular Council Meeting 11/7 11 Resolution creating the heritage tree list Corn Dev Bill Molnar CONS 12 A roval of property for trail extension Parks Michael Black PH 13 Public Hearing on ordinance re: cottage housing Com Dev Bill Molnar PH ORD-2 ORD-1 14 Smokin ordinance revisions Legal David Lohman ORD-2 11/20 Study Session (in Council Chambers) 11/20 15 Discussion of public forum protocol Legal David Lohman SS 11/21 Regular Council Meeting 11/21 16 Annual Presentation b H&HS Commission Corn Dev Bill Molnar PRES 17 Ordinance re: cottage housing Corn Dev Bill Molnar ORD-2 12/4 Study Session (in Council Chambers) 12/4 12/5 Regular Council Meeting 12/5 18 Annual Presentation b the Planning Commission Com Dev Bill Molnar PRES 12/18 Study Session (in Council Chambers) 12 12/19 Regular Council Meeting 1/1 Study Session canceled (New Years Day) 1/2 Regular Council Meeting 1/15 Study Session canceled (MILK, Jr. Day) 1/16 Regular Council Meeting 2/5 Study Session (in Council Chambers) 2/6 Regular Council Meeting 2/19 Study Session canceled (Presidents' Da 2/20 Regular Council Meeting Page 1 of 2 - ~ - 1 19b~ 1 1 1 Commission Presentation Dates - 2017 Commission Presentation Dates - 2018 February 21 - Transportation Commission February 20 - Transportation Commission March 21 - Tree Commission March 20 - Tree Commission -April 18 - Historic Commission April 17 - Historic Commission .May 16 - Wildfire Mitigation Commission May 15 - Wildfire Mitigation Commission June 6 - Band Board June 5 - Band Board Jul 18 - Forest Lands Commission Jul 17 - Forest Lands Commission August 15 - Conservation Commission August 14 - Conservation Commission Se tember 19 - Air ort Commission September 18 - Airport Commission October 17 - Public Arts Commission October 16 - Public Arts Commission November 21 - Housing and Human Services Commission November 6 - Housing & Human Srvcs. C December 5 - Planning Commission December 4 - Planning Commission To Be Scheduled Discussion of potential solutions to deer problems (re q. of Councilor Seffin er Discussion regarding the seismic code Update on internal controls policy Senior issues (re q. of Mayor Stromber Report on Eugene homeless and shelter infrastructure, including car camping (re q. of Mayor Stromber Continued discussion/approval of Lithia Way/Pioneer St. beautification project Waterline Road LID disillusion Policy regarding civic donations Discussion of AFN Governance Committee recommendation re: new AFN Commission Page 2 of 2 Council Stud Session September 19, 20171 Title: Discussion Regarding Cottage Housing Standards Item Type: Discussion Requested by Council? Yes From: Brandon Goldman Senior Planner Brandon. Goldman@ashland.or.us Discussion Questions: A draft ordinance relating to the development of cottage housing within single family residential zones is attached. The Planning Commission has worked over the 18 months to address the Council's comments regarding the initially proposed cottage housing ordinance including the square footage and height restrictions for cottages, separation requirements between cottage developments, and design standards. This ordinance, if adopted, would create the opportunity for small cottage housing developments on vacant and under developed properties within residential zones. Resource Requirements: There is no direct cost to the City relating to the adoption of Cottage Housing Standards into the Land Use Ordinance. SuIll4ested Next Steps: The Planning Commission is scheduled to hold a public hearing on the proposed draft cottage housing ordinance on September 26, 2017. The Housing Commission will review the proposed ordinance at their regular meeting on September 28, 2017. Following their reviews, each commission will forward a recommendation for the City Council to consider as part of the formal adoption process. The Council is tentatively scheduled to hold first reading on the draft ordinance on November 7, 2017. Policies, Plans and Goals Supported: The general objectives of the Cottage Housing Standards will be to provide alternative types of housing for small households; provide high quality infill development which maintains traditional cottage amenities and proportions; contribute to neighborhood character; efficiently use residential land supply; and meet regional plan commitments through consideration of innovative land use strategies to accommodate future population growth. The City Council's "Ashland 2020" goals and objectives that relate to the development of a cottage housing ordinance include. • Support and promote, through policy, programs that make the City affordable to live in. Pursue affordable housing opportunities, especially workforce housing. Identify Page 1 of 4 CITY OF -ASHLAND specific incentives for developers to build more affordable housing. (high priority for 2015-2017) • Support land-use plans and policies that encourage family friendly neighborhoods. Draft pocket neighborhood code that allows for the construction of small scale, cottage housing projects. The Regional Plan Element of the Ashland Comprehensive Plan adopted in 2012 incorporates applicable portions of the adopted the Greater Bear Creek Valley Regional Plan. As a part of the regional planning process, six of the seven communities identified areas outside their respective urban growth boundaries (UGB) for future growth. However, the City of Ashland did not identify UGB expansion areas and committed to evaluating innovative land use strategies to accommodate future residential and employment growth within the City's existing boundaries. The Ashland Comprehensive Plan includes the following performance indicators in the Regional Plan Element. • Reach density of 6.6 dwelling units per acre for land in the UGB that is annexed or offset by increasing the residential density in the city limits. • Achieve targets for dwelling units and employment in mixed-use/pedestrian-friendly areas. • Participate in a regional housing strategy that strongly encourages a range of housing types. Other related goals and policies in the Ashland Comprehensive Plan include the following. • Ensure a variety of dwelling types and provide housing opportunities for the total cross- section of Ashland's population, consistent with preserving the character and appearance of the city. (Housing Element) • Encourage the development of private common open space area in new residential developments to offset the demand for additional public parks. (Parks, Open Space, and Aesthetics Element) • Maintain and improve Ashland's compact urban form to allow maximum pedestrian and bicycle travel. (Transportation Element) Background and Additional Information: Cottage housing developments are a group of small homes oriented around an open space that are pedestrian-oriented and minimize the visibility of off-street parking by providing a consolidated parking area. Cottage housing is considered an innovative housing type that provides opportunities for creative, diverse, and high quality infill development that preserves the scale and character of existing single-family neighborhoods. Cottage housing offers a choice for those needing moderately priced home ownership opportunities within units that are of a size and function suitable for a single person or small families. Cottage housing is generally considered more affordable because of substantially smaller unit and lot sizes. In reviewing the first draft of the cottage housing ordinance as part of the larger Unified Land Use Ordinance adoption process, the City Council identified the following issues and suggestions at the October 7, 2014 regular meeting: Page 2 of 4 CITY OF -ASHLAND • Concerns about size limitations for the cottages. Requested making the overall square footage a cumulative total and let the developer decide how to divide up the building area into some larger and smaller units. • Expressed that cottage housing shouldn't be allowed in R-1-10 zones. • Concern that the proposed design standards could make construction costs too expensive and suggested the ordinance provide more flexibility. • Concern that the 1 '/2 story limitation could impede development. • Concern that the final cottage housing standards should provide a model that is financially feasible. The Planning Commission has reviewed and refined multiple iterations of the draft cottage housing ordinance during six meetings over the last 18 months, concluding with a final study session on July 26, 2017. The Housing and Human Services Commission has discussed cottage housing at two of their regular meetings to provide feedback during the ordinance drafting process. The City also presented the working draft to members of the development community for review and their recommendations were presented to the Planning Commission for discussion in advance of preparing a final draft ordinance. The City also worked with a local architect to evaluate the implementation potential of the proposed ordinance on sample properties within Ashland. This evaluation is presented on two attached site plans that illustrate how a small cottage housing development (4 units), and a large cottage housing development (12 units), could be developed consistent with the proposed ordinance. The Cottage Housing Ordinance as presented includes the following: • Cottage Housing Development would be permitted on R-1-5, R-1-7.5, and NN-1-5 zoned properties. • A minimum of 3 cottage housing units and a maximum of 12. • Cottages shall be no larger than 1000sq.ft. and at least 75% of the cottages shall be less than 800sq.ft. • A floor area ratio (FAR) of 0.35 is required for the entire development, with exemptions for common buildings, to ensure the total volume of buildings on site are comparable to that of average single family home developments. • A maximum building height of 18' with a ridgeline no greater than 25' above grade. The 1 '/2 story limitation in prior drafts has been removed. • Lot coverage remains consistent with the underlying zone; 50% for R-1-5 zone and 45% for R-1-7.5. However, the draft includes an allowance for an additional 10% of lot coverage for the use of pervious materials. • Setbacks have been reduced to 6 ft. between buildings, with the exception that setbacks along the perimeter of the development must meet the existing requirements of the zone. • There is a 20% common open space requirement but to provide flexibility the ordinance allows for the open space to be divided into multiple open spaces provided they are interconnected and accessible to all residents of the development. • Specific cottage housing design requirements (roof pitch, gables, etc.) have been removed from the draft ordinance, however the draft requires that such developments be subject to Page 3 of 4 CITY OF -ASHLAND the existing Site Design Standards which will provide for orientation toward the street and pedestrian connections to the neighborhood. • To address the issue of preserving solar access on a site of concentrated small detached homes, the draft ordinance stipulates that shadows cast from structures within the development could not cast shadows upon the roof of another cottage. • The parking requirements include an alternative parking standard specific to cottage housing developments as follows: o Units less than 800 sq. ft. - 1 space/unit. o Units greater than 800 square feet and less than 1000 square feet -1.5 spaces/unit. o Units greater than 1000 square feet - 2.00 spaces/unit. o Retirement complexes for seniors 55-years or greater - One space per unit. Attachments: Draft Cottage Housing Ordinance Cottage Housing Map - potentially eligible properties (R-1-5, R-1-7.5) Cottage Housing Plans - Example illustrations (Exhibits A-1; A-2; B-1, B-2; B-3; C;1; C-2) Page 4 of 4 CITY OF -ASH LAN D City of Ashland COTTAGE HOUSING STANDARDS City Council Study Session Draft -9/ 19/2017 Ordinance Amendments 18.2.3.090 Cottage Housing A. Purpose and Intent. The purpose and intent of this chapter is to encourage innovative site planning and variety in housing while ensuring compatibility with established neighborhoods, and to provide opportunities for ownership of small detached single family dwellings for a population diverse in age, income, and household size. Where cottage housing developments are allowed, they are subject to Site Design Review under chapter 18.5.2, and shall meet all of the following requirements. B. Exceptions and Variances. Requests to depart from the requirements of this chapter are subject to the approval criteria under section 18.5.2.050.E Exception to the Site Development and Design Standards. C. Development Standards Cottage housing developments shall meet all of the following requirements. 1. Cottage Housing Density the permitted number of units and minimum lot areas shall be as follows. Table 18.2.3.090.C.1 Cottage Housing Development Density Minimum Maximum number of number of Minimum lot size Maximum Zones Maximum cottages per cottages per (accommodates Floor Area Cottage Density cottage cottage minimum number Ratio (FAR) housing housing of cottages) development development 1 cottage R-1-5, dwelling unit per 3 12 7500 sq.ft. 0.35 NN-1-5 2,500 square feet of lot area 1 cottage R-1-7.5 dwelling unit per 3 12 11250 sq.ft. 0.35 3,750 square feet of lot area 2. Building and Site Design. a. Maximum Floor Area Ratio: The combined gross floor area of all cottages and garages shall not exceed a 0.35 floor area ratio (FAR). Structures such as parking carports, green houses, and common accessory structures are exempt from the maximum floor area calculation. Cottage housing ordinance, September 2017 draft Page 1 b. Maximum Floor Area. The maximum gross habitable floor area for 75 percent or more of the cottages shall be less than 800 square feet per unit, and gross habitable floor area for any individual cottage unit shall not exceed 1000 square feet. c. Height. Building height of all structures shall not exceed 18 feet. The ridge of a pitched roof may extend up to 25 feet above grade. d. Lot Coverage. Lot coverage shall meet the requirements of the underlying zone outlined in Table 18.2.5.030.A. e. Building Separation. A cottage development may include two-unit attached, as well as detached, cottages. With the exception of attached units, a minimum separation of six feet measured from the nearest point of the exterior walls is required between cottage housing units. Accessory buildings (e.g., carport, garage, shed, multipurpose room) shall comply with building code requirements for separation from non-residential structures. f. Fences. Notwithstanding the provisions of section 18.4.4.060, fence height is limited to four feet on interior areas adjacent to open space except as allowed for deer fencing in subsection 18.4.4.060.B.6. Fences in the front and side yards abutting a public street, and on the perimeter of the development shall meet the fence standards of section 18.4.4.060. 3. Access, Circulation, and Off-Street Parking Requirements. Notwithstanding the provisions of chapter 18.3.9 Performance Standards Option and 18.4 Site Development and Site Design Standards, cottage housing developments are subject to the following requirements: a. Public Street Dedications. Except for those street connections identified on the Street Dedication Map, the Commission may reduce or waive the requirement to dedicate and construct a public street as required in 18.4.6.040 upon finding that the cottage housing development meets connectivity and block length standards by providing public access for pedestrians and bicyclists with an alley, shared street, or multi-use path connecting the public street to adjoining properties. b. Driveways and parking areas. Driveway and parking areas shall meet the vehicle area design standards of section 18.4.3. i. Parking shall meet the minimum parking ratios per 18.4.3.040. ii. Parking shall be consolidated to minimize the number of parking areas, and shall be located on the cottage housing development property. iii. Off-street parking can be located within an accessory structure such as a multi- auto carport or garage, but such structures shall not be attached to individual cottages. Uncovered parking is also permitted provided that off street parking is screened from direct street view. 4. Open Space. Open space shall meet all of the following standards. a. A minimum of 20 percent of the total lot area is required as open space. b. Open space(s) shall have no dimension that is less than 20 feet unless otherwise Cottage housing ordinance, September 2017 draft Page 2 granted an exception by the hearing authority. Connections between separated open spaces, not meeting this dimensional requirement, shall not contribute toward meeting the minimum open space area. c. Shall consist of a central space, or series of interconnected spaces. d. Physically constrained areas such as wetlands or steep slopes cannot be counted towards the open space requirement. e. At least 50 percent of the cottage units shall abut an open space. f. The open space shall be distinguished from the private outdoor areas with a walkway, fencing, landscaping, berm, or similar method to provide a visual boundary around the perimeter of the common area. g. Parking areas and driveways do not qualify as open space. - - S, temetl 12 <..4f total DRIVEWAY aWOarC 2 aeon / I 2~3 ~a s s n e s n ~0 9-- ir ~ Chi I ,r. . eus tem I _ I (12) mo.r ,o m awe a~s~..iaa. I P~.9 ee.~'.Pa • i I ; o~aP..mt . I j 1 ~ t>~41 __J ~ %w4^wa.4>. I • e.sa®as nar Arl t s1 E( _J LA;a 11e. v.;4> ILLUSTRATION TO BE REVISED AND SIMPLIFIED GRAPHICALLY FOR CONSISTANCY WITH FINAL ORDINANCE Figure 18.2.3.090 Cottage Housing Conceptual Site Plan 5. Private Outdoor Area. Each residential unit in a cottage housing development shall have a private outdoor area. Private outdoor areas shall be separate from the open space to create a sense of separate ownership. a. Each cottage unit shall be provided with a minimum of 200 square feet of usable private outdoor area. Private outdoor areas may include gardening areas, patios, or porches. Cottage housing ordinance, September 2017 draft Page 3 b. No dimension of the private outdoor area shall be less than 8 feet. 6. Common Buildings, Existing Nonconforming Structures and Accessory Residential Units. a. Common Buildings. Up to 25 percent of the required common open space, but no greater than 1,500 square feet, may be utilized as a community building for the sole use of the cottage housing residents. Common buildings shall not be attached to cottages. b. Carports and garage structures. Consolidated carports or garage structures, provided per 18.2.3.090.C.3.b, are not subject to the area limitations for common buildings. c. Nonconforming Dwelling Units. An existing single-family residential structure, which may be nonconforming with respect to the standards of this chapter, shall be permitted to remain.. Existing nonconforming dwelling units shall be included in the maximum permitted cottage density. The habitable floor area of such nonconforming dwellings shall be included in the maximum floor area permitted per 18.2.3.090C.2.a, however existing garages attached to a nonconforming dwelling shall not be included in the maximum floor area ratio. d. Accessory Residential Units. New accessory residential units (ARUs) are not permitted in cottage housing developments, except that an existing ARU that is accessory to an existing nonconforming single-family structure may be counted as a cottage unit if the property is developed subject to the provisions of this chapter. 7. Storm Water and Low-Impact Development. a. Developments shall include open space and landscaped features as a component of the project's storm water low impact development techniques including natural filtration and on-site infiltration of storm water. b. Low impact development techniques for storm water management shall be used wherever possible. Such techniques may include the use of porous solid surfaces in parking areas and walkways, directing roof drains and parking lot runoff to landscape beds, green or living roofs, and rain barrels. c. Cottages shall be located to maximize the infiltration of storm water run-off. In this zone, cottages shall be grouped and parking areas shall be located to preserve as much contiguous, permanently undeveloped open space and native vegetation as reasonably possible when considering all standards in this chapter. 8. Restrictions. a. The size of a cottage dwelling may not be increased beyond the maximum floor area in subsection 18.2.3.090.C.2.a. A deed restriction shall be placed on the property notifying future property owners of the size restriction. Cottage housing ordinance, September 2017 draft Page 4 Amendments to the Zoning Regulations, Base Zones and Allowed Uses Table Table 18.2.2.030 - Uses Allowed by Zone r See Single---n standards 1 S-2.5.09 Sec. 182 f~ r P _ lone and E-1 zo:.s r•~ Dwellings and a _ m Historic District Overlay, see Sec 18.2.3.120 and 18.2.5.070 Sic. 18.2.3.040 S a tai i`J i v Ulm Sec- 18.23.110 Duplex. Duplex Dwel' P S S N Dwelling Sec. 18.2.3.170 and not Manufactured Home on S iJ N N allowed in Historic Individual Lot District Overlay Manufacture P- CU xl J rd . nevelcomeo, N Sec 18 2 3.180 Sec. 18 2.3.130 cr C zone and E-1 zone Dwellings and e llultif~n~liC ~liing i i S _ P P N N in Historic Distnc' ;n Cottage Housing S N N N N N N N N Sec. 18.2.3.090 Cottage Housing ugil~ CrSiorl r Purchase Housing Honie Occura',:on S _ S KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Cottage housing ordinance, September 2017 draft Page 5 Amendments to the Standards for Residential Zones 18.2.5.030 Unified Standards for Residential Zones A. Standards for Urban Residential Zones. Table 18.2.5.030.A contains standards for the R- 1, R-1-3.5, R-2, and R-3 zones. Standards for the RR and WR zones are contained in subsections 18.2.5.030.13 and 18.2.5.030.C. Table 18.2.5.030.A - Standards for Urban Residential Zones2 (Except as modified under chapter 18.5.5 Variances or chapter 18.3 9 Performance Standards Option ) R-1 Standard R-2 R-3 R-1-10 R-1-7.5 R-1-5 R-1-3.5 Lot Coverage - Maximum'j" of lot area) 40`Y 45% 50% 55% 65% 75% '0A total area up to 200 sf or 5% of the permitted lot coverage, whichever is less, may be developed in an approved, porous solid surface that allows storm water infiltration.. and is exempt from the lot coverage maximum the porous solid surface exemption does not apply to driveways and parking areas "Within Cottage Housing Developments up to 10% of the permitted lot coverage may be developed in an approved, porous solid surface that allows storm water infiltration, and is exempt from the lot coverage maximum. Cottage housing ordinance, September 2017 draft Page 6 Amendments to the Normal Neighborhood District Allowed Uses Table 18.3.4.040 Use Regulations B. Normal Neighborhood Plan Residential Building Types. The development standards for the Normal Neighborhood Plan will preserve neighborhood character by incorporating four distinct land use overlay areas with different concentrations of varying housing types. 7. Cottage Housing. Cottage Housing are small dwelling units in developments approved in accordance with the standards in 18.2.3.090. C. General Use Regulations. Uses and their accessory uses are permitted, special permitted or conditional uses in the Normal Neighborhood Plan area as listed in the Land Use Table Table 18.3.4.040 Land NN-1-5 NN-1-3.5 NN-1-3.5-C NN-2 Use (Single family Suburban Suburban Multi-family Descriptions Residential Residential Residential with Low Density commercial Residential Residential Uses Single Dwelling Residential Unit P P N N (Single-Family Dwelling) Accessory Residential P P P N Unit Double Dwelling Residential Unit N P P P Cottage Housing S N N N Sec. 18.2.3.090 PaseheldeF] - Cottage Housing) Clustered Residential N P P P 1 Units Attached Residential Unit N P P P Multiple Dwelling N P P P Residential Unit Manufactured Home on p P P P Individual Lot Manufactured Housing N P P P Development Cottage housing ordinance, September 2017 draft Page 7 Amendments to the Performance Standards Options Chapter 18.3.9.030 PSO-Overlay A. Purpose. The purpose of the PSO overlay is to distinguish between those areas that have been largely developed under the subdivision code, and those areas, which, due to the undeveloped nature of the property, sloping topography, or the existence of vegetation or natural hazards, are more suitable for development under Performance Standards. B. Applicability. This chapter applies to properties located in the Performance Standards Option Overlay (PSO) as depicted on the Zoning Map. All developments in the PSO overlay, other than partitions and development of individual dwelling units, shall be processed under this chapter. The minimum number of dwelling units for a Performance Standards Subdivision within residential zoning districts is three. C. Permitted Uses. In a PSO overlay, the granting of the application shall be considered an outright permitted use, subject to review by the Planning Commission for compliance with the standards set forth in this ordinance and the guidelines adopted by the City Council. D. Development Outside PSO-overlay. If a parcel is not in a PSO overlay, then development under this chapter may only be approved if one or more of the following conditions exist. 1. The parcel is larger than two acres and is greater than 200 feet in average width. 2. That development under this chapter is necessary to protect the environment and the neighborhood from degradation which would occur from development to the maximum density allowed under subdivision standards, or would be equal in its aesthetic and environmental impact. 3. The property is zoned R-2. R-3 or CM. 4. The property is developed as a cottage housing development consistent with the standards in chapter 18.2.3.090 18.3.9.040 [unchanged] 18.3.9.050 Performance Standards for Residential Developments A. Base Densities. The density of the development shall not exceed the density established by this section. The density shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. Fractional portions of the final answer, after bonus point calculations, shall not apply towards the total density. 1. The base density, for purposes of determining density bonuses allowed under this section, for developments other than cottage housing, is as provided in Table 18.3.9.050. Table 18.3.9.050.A.1. Base Densities for Determining Allowable Density Bonus with Performance Standards Option Zone Allowable Density (dwelling units per acre) Cottage housing ordinance, September 2017 draft Page 8 WR-2 0.30 du/acre WR-2.5 0.24 du/acre WR-5 0.12 du/acre WR 10 0.06 du/acre WR-20 0.03 du/acre RR-1 0.60 du/acre RR-.5 1.2 du/acre ~R-1-10 _ 2.40 du/acre R-1-7.5 3.60 du/acre R-1-5 4.50 du/acre R-1-3.5 7.2 du/acre R 2 13.5 du/acre R-3 20 du/acre 2. The base density for cottage housing developments, for purposes of determining density bonuses, allowed under this section is as provided in Table 18.3.9.050.A.2 Table 18.3.9.050.A.2 Base Densities for Determining Allowable Density Bonus with Performance Standards Option Minimum Maximum Minimum lot size number of number of (accommodates Maximum Maximum cottages per Zones Cottage Density cottage cottages per minimum Floor Area housing cottage housing number of Ratio (FAR) development development cottages) 1 cottage R-1-5, dwelling unit per 3 12 7500 sq.ft. 0.35 NN-1-5 2,500 square feet of lot area 1 cottage R-1-7.5 dwelling unit per 3 12 11250 sq.ft. 0.35 3,750 square feet of lot area 3. Open Space Required. All developments with a base density of ten units or greater shall be required to provide a minimum of five percent of the total lot area in Open Space; that area is not subject to bonus point calculations, however, density bonuses shall be awarded to open space areas in excess of the five percent required by this subsection. B. Density Bonus Point Calculations. The permitted base density shall be increased by the percentage gained through bonus points. In no case shall the density exceed that allowed under the Comprehensive Plan. The maximum density bonus permitted shall be 60 percent (base density x 1.6), pursuant to the following criteria. 1. Conservation Housing. A maximum 15 percent bonus is allowed. One-hundred percent of the homes or residential units approved for development, after bonus point calculations, shall meet the minimum requirements for certification as a Earth Advantage home, as approved by the Ashland Conservation Division under the City' s Earth Advantage program as adopted by resolution 2006-06. 2. Provision of Common Open Space. A maximum ten percent bonus is allowed, pursuant to the following. Cottage housing ordinance, September 2017 draft Page 9 a. Purpose. Common open spaces may be provided in the form of natural areas, wetlands, playgrounds, active or passive recreational areas, and similar areas in common ownership. All areas set aside for common open space may be counted for base density, unless otherwise excluded by subsection 18.3.9.050.A.2. However, for the purposes of awarding density bonus points, the Planning Commission shall consider whether or not the common open space is a significant amenity to project residents, and whether project residents will realistically interact with the open space on a day-to-day basis. The purpose of the density bonus for common open space is to permit areas, which could otherwise be developed, or sold as individual lots, to be retained in their natural state or to be developed as a recreational amenity. It is not the purpose of this provision to permit density bonuses for incidental open spaces that have no realistic use by project residents on a day-to-day basis. Open space provided in cottage housing developments, meeting the standards of section 18.2.3.090 Cottage Housing, is not eligible for density bonus points. b. Standard. Developments with fewer than ten units that provide more than two percent of the project area for common open space, or for developments of ten units or greater that provide more than five percent open space, a one percent bonus shall be awarded for each one percent of the total project area in common open space. 3. Provision of Maior Recreational Facilities. A maximum ten percent bonus is allowed, pursuant to the following. a. Purpose. Points may be awarded for the provision of major recreational facilities such as tennis courts, swimming pools, playgrounds, or similar facilities. b. Standard. For each percent of total project cost devoted to recreational facilities, a six percent density bonus may be awarded up to a maximum of ten percent bonus. Total project cost shall be defined as the estimated sale price or value of each residential unit times the total number of units in the project. Estimated value shall include the total market value for the structure and land. A qualified architect or engineer shall prepare the cost of the recreational facility using current costs of recreational facilities. c. Maior recreational facilities provided in cottage housing developments, meeting the standards of section 18.2.3.090 Cottage Housing, are not eligible for density bonus points. 4. Affordable Housing. A maximum bonus of 35 percent is allowed. Developments shall receive a density bonus of two units for each affordable housing unit provided. Affordable housing bonus shall be for residential units that are guaranteed affordable in accordance with the standards of section 18.2.5.050 Affordable Housing Standards. 18.3.9.060 Parking Standards All development under this chapter shall conform to the following parking standards, which are in addition to the requirements of chapter 18.4.3 Parking, Access, and Circulation. A. On-Street Parking Required. At least one on-street parking space per dwelling unit shall be provided, in addition to the off-street parking requirements for all developments in an R-1 zone, with the exception of cottage housing developments, and for all developments in R-2 and R-3 zones that create or improve public streets. Cottage housing ordinance, September 2017 draft Page 10 B. On-Street Parking Standards. On-street parking spaces shall be immediately adjacent to the public right-of-way on publicly or association-owned land and be directly accessible from public right-of-way streets. On-street parking spaces shall be located within 200 feet of the dwelling that it is intended to serve. In addition, on-street public parking may be provided pursuant to minimum criteria established under subsection 18.4.3.060.A. C. Signing of Streets. The installation of "No Parking" signs regulating parking in the public right-of-way and any other signs related to the regulation of on-street parking shall be consistent with the Street Standards in 18.4.6.030, and shall be consistent with the respective City planning approval. Cottage housing ordinance, September 2017 draft Page 11 Amendments to the Parking Ratios Table 18.4.3.040 Parking Ratios Except as provided by section 18.4.3.030, the standard ratios required for automobile parking are as follows. See also, accessible parking space requirements in section 18.4.3.050. Table 18.4.3.040 - Automobile Parking Spaces by Use Use Categories Minimum Parking per Land Use (Based on Gross Floor Area: fractions are rounded to whole number.) Residential Categories 2 spaces for the primary dwelling unit and the following for accessory residential units. a. Studio units or 1-bedroom units less than 500 sq. ft. 1 space/unit. Single Family Dwelling b. 1-bedroom units 500 sq. ft. or larger 1.50 spaces/unit. c. 2-bedroom units --1.75 spaces/unit- d. 3-bedroom or greater units 2.00 spaces/unit. a. Studio units or 1-bedroom units less than 500 sq. ft. 1 space/unit. b. 1-bedroom units 500 sq. ft. or larger 1.50 spaces/unit, c. 2-bedroom units 1.75 spaces/unit. Multifamily d. 3-bedroom or greater units 2.00 spaces/unit. e. Retirement complexes for seniors 55-years or greater One space per unit. a. Units less than 800 sq. ft. 1 space/unit. b. Units greater than 800 square feet and less than 1000 square feet 1.5 spaces/unit. Cottage Housing c. Units greater than 1000 square feet 2.00 spaces/unit. d. Retirement complexes for seniors 55-years or greater One space per unit. Parking for Manufactured Home on Single-Family Lot is same as Single Manufactured Housing Family Dwelling; for Manufactured Housing Developments, see sections 18.2.3.170 and 18.2.3.180. Performance Standards See chapter 18.3.9. Developments Cottage housing ordinance, September 2017 draft Page 12 Amendments to the Solar Access Chapter 18.4.8 Solar Access 18.4.8.020 B. Exemptions. 1. Architectural Proiections. Rooftop architectural features a maximum of four feet in width, such as chimneys and vent pipes, and light poles and flag poles shall be exempt from the setback standards in section 18.4.8.030. 2. Steep Slopes. Any lot with a slope of greater than 30 percent in a northerly direction, as defined by this ordinance, shall be exempt from the setback standards in section 18.4.8.030. 3. Zones. Any lot in the C-1-D, CM, and NM-C zones, and properties in the C-1 zone not abutting a residential zone, shall be exempt from the setback standards in section 18.4.8.030. 4. Existing Shade Conditions. If an existing structure or topographical feature casts a shadow at the northern lot line at noon on December 21, that is greater than the shadow allowed by the requirements of this section, a structure on that lot may cast a shadow at noon on December 21, that is not higher or wider at the northern lot fine than the shadow cast by the existing structure or topographical feature. This exemption does not apply to shade caused by vegetation. a. Actual Shadow Height. If the applicant demonstrates that the actual shadow that would be cast by the proposed structure at noon on December 21 is no higher than that allowed for that lot by the provisions of this section, the structure shall be approved. Refer to Table 18.4.8.020.B.4.a, below, for actual shadow lengths. Table 18.4.8.020.B.4.a: Actual Shadow Length (at solar noon on December 21st) - 1 Slo Height in feet II _Q PO -0.25 -0.20 0.15 0.10 T-0.05 0.00 0.05 0.10 0.15 8 ' 55 41 33 27 23 20 18 16 15 13 69 51 41 34 29 25 22 20 - - 0 18 17 12 ' 83 61 49 41 35 30 27 24 22 20 14 96 72 X57 35 31 28 26 _ 24 16 * 110 82 65 54 46 40 36 32 29 27 18 * 124 92 73 61 52 46 40 36 _ 133 30 20 * 138 102 82 68 58 51 45 40 _ 37 34 22 151 J-13 90 75 fi 64 56 49 44 1 40 37 24 * 165 123 98 l 81 70 51 54 48_- 44 40 26 * 179 T133 106 88 75 66 58 53 1 48 44 - - 28 193 143 114 95 81 71 63 5 61 47 30 * 207 154 x_122 102 87 76 67 61 j 55 50 65 159 54 32 * 220 164 1 130 108 93 81 72 ~ J 34 * 234 1 174 139 1 115 98 86 76 69 62 57 36 * 248 184 147 122 L104 91 81 73 66 60 38 * 262 195 155 129 1110 96 85 77 70 64 40 * 275 205 163 135 116 101 90 81 73 67 5. Structures within Cottage Housing Developments meeting the standards in 18.2.3.090, that cast their shadows entirely within the parent parcel of the Cottage Housing Development, shall be exempt from the setback standards in 18.4.8.030 provided they do not cast a shadow upon the roof of a dwelling within the cottage housing development. Cottage housing ordinance, September 2017 draft Page 13 C. Exceptions and Variances. Requests to depart from section 18.4.8.030 Solar Setbacks are subject to 18.4.8.020.C.1 Exception to the Solar Setback, below. Deviations from the standards in section 18.4.8.050 Solar Orientation Standards are subject to subsection 18.5.2.050.E Exception to the Site Development and Design Standards. 1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may approve exceptions to the standards in 18.4.8.030 Solar Setbacks if the requirements in subsection a, below, are met and the circumstances in subsection b, below, are found to exist. a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the affected properties' deed, a release form supplied by the City containing all of the following information. i. The signatures of all owners or registered leaseholders holding an interest in the property in question. ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted. iii. A statement that the solar access guaranteed by this section is waived for that particular structure and the City is held harmless for any damages resulting from the waiver. iv. A description and drawing of the shading which would occur. b. The approval authority finds all of the following criteria are met. i. The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere. 18.4.8.030 Solar Setbacks A. Setback Standard A. This setback is designed to ensure that shadows are no greater than six feet at the north property line. Buildings on lots which are classified as standard A, pursuant to 18.4.8.020.A.1, shall be set back from the northern lot line according to the following formula. SSB= H-6' 0.446+S Where: SSB = the minimum distance in feet that the tallest shadow producing point which creates the longest shadow onto the northerly property must be set back from the northern property Cottage housing ordinance, September 2017 draft Page 14 line. See definition of northern property line in part 18.6. H = the height in feet of the highest shade producing point of the structure which casts the longest shadow beyond the northern property line. See definition of highest shade producing point in part 18.6. S = the slope of the lot, as defined in this chapter. Table 18.4.8.030.A: Setback Standard "A" Slope Height in feet 0.30 -0.25 -0.20 -0.15 -0.10 -0.05 -0.00 0.05 0.10 0.15 - - 8 * 14 10 8 7 6 5 4 1 4 14 3 10 * 28 20 6-16 4-14 2-12 010 9 8 7 7 12 * 41 31 24 20 17 15 13 2121 11 10 14 55 4 1--- 33 27 23 20 18 - 16 15 - 13 16 * 69 51 41 34 29 25 22 20 18 17 18 * 83 61 49 41 35 0 27 24 22 ^ 20 20 * 96 72 57 47 41 35 3 21 J 26 24 - - - 22 * 110 82 65 54 46 40 36 32 29 27 24 * 124 1 92 73 61 52 46 40 36 33 30 26 * 138 ' 102 82 68 58 51 1 45 40 i 37 34 28 * 151 113 90 75 64 56 ~49 44 + 40 37 30 * 165 123 98 81 70 61 54 48 44- ]__40 32 * 179 133 106 88 i 75 66 58 53 48 1 44 34 * 193 143 114 95 1 81 71 63 57 151 47 36 * 207 154 122 102 87 76 67 61 55 50 38 * 220 164 130 108 3 81 72 65 59 54 40 * 234 174 1 139 115 98 86 76 69 62 - B. Setback Standard B. This setback is designed to ensure that shadows are no greater than 16 feet at the north property line. Buildings for lots which are classified as standard B, pursuant to 18.4.8.020.A.2, shall be set back from the northern lot line as set forth in the following formula. SSB= H-16' 0.445+S Table 18.4.8.030.B: Setback Standard "B" Slope Height in feet -0.30 _0.25 -0.20 -0.15 -0.10 -0.05 ( 0.00 0.05 0.10 0.15 8* 0 0 0 0 i 0 0_ 0 0 t 0 0 0 _ 0 0 0 0_ 10* 0 10 _i0 0 t 12 0 00 _ 0 0 0 0 0 0 0 0 14 * 0 10 0 0 0_ 0 0 0 0- 0 16 * 0 0 0 0 0 0 0 0 0 0 18 * 14 10 8 7 8 _5 4 4_ 4_ 3 20 * 28 __L 20 16 14 12 10 ~9 8 17 _ 7 22 * 41 31 '1 24 20 T17 15 - 13 12 11 10 24 * 55 41 33 27 23 _ 20 16 15 13 26 * 69 51 54 34 29 25 - 22 - 20 --18 17 28 * 83 61 1 49 41 35 30 27 24 22 20 30 * 96 72 57 47 41 35 31 28 26 24 32 * 110 82 65 54 46 40 36 35 29 27 Cottage housing ordinance, September 2017 draft Page 15 n A W W W w w N N N N N ~ O w 6)A N O Do w A N O 0 O O) A N O w (D 2) rt (D W O) A (D a) (D 0' 0. u cr (D (D C) n (D p v >r i OD A D 3 ~ (D :p'. Co II w (D ; o0 O --A o'), N -,I01O~0 OlO O Oi I I~ W p> = CL I~W W O O)N OD A O jC) (6) U7 W N O J W ' W ~ C co w ! O CD (u o cn -0 0 - } i o ~.r (D OD J (A U);A~w NIW~IUl O 000 O O O[ O (D V ~I J v O)30) d7~W~ N y O N! 1 WIW N ID Cn 6 ;01 , I cn 0 U) cn ~I WIC AiW NN1 0 0 0 0 0 0 0 W A v' O(D co ~lO W U7Iv(0ON 0 i O) (D ~W~ONw! O ~C) Sv O CL 3 co 0 o 1Z 12) W cT (T A co W N W 0 0 0 0 0 0 0 C' CD Qu v O) O) Q A O A J O A O O Q (J7 OD 3 O n o (D O O N• T~ - j(T A A w w:N NI- (O w o 0 0 0 0 0 0 O ! 7 0 (D --1~WI(n cn 0 ~CT O W W~N~CA O A Q ~O A W r) O to _ ( ' O O zT (D I0, U)00 NO~DD W 000 0 100 0 n (n O)U)U7A 0C)i D w~ooi wloo 0 1 WI w a) C W C) o c) v o C ~ f ' ' i O (D (D I ~ (p A;W W NNIN-~-~~IN 0000000 O 7 a) IU1 A A Ai O W~ w 4; (D co l n W ( O j j (p (n A O U7 O? O! f 0 0 o (D Sv L WiW W N N W N O O O O O O O O (D~ oIA (D 6) N au A O p 'AA A W O p O (A rz 1 oD A O W j .0 1 f Gl~ (n Ut W N N N}..- CD W N O OO O O O! CD 1 O (A Y [ ! UWi du A O~~I W O IAiO v~W., 0 p Q O 1 0 (7 CT W N NiN ,0) N 000000 w CD N Cp (J) N 07 (T N ( O -6 A W W W O O v A O N O cm i , ~ (Jl CD Q ill v O Q1 ~ Amendments to Site Design Review Chapter 18.5.2.050 Approval Criteria E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1,2, or 3, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. 3. There is no demonstrable difficulty in meeting the specific requirements for a cottage housing development, but granting the exception will result in a design that equally or better achieves the stated purpose of 18.2.3.090 Cottage housing ordinance, September 2017 draft Page 17 Council Stud Session September 2017 Title: Pioneer Hall Structural and Code Assessment Findings Item Type: Update and Request for Direction Requested by Council? Yes From: John Karns Interim City Administrator john.karns@ashland.or.us Discussion Questions: A draft structural assessment and a code compliance review of Pioneer Hall were submitted to Public Works on September 11, 2017. A number of building deficiencies were identified in the two reports. Some discussion questions could include: • How should staff respond to the preliminary findings of structural and code deficiencies identified at Pioneer Hall? • How do the findings impact the future use of Pioneer Hall as a winter and emergency shelter? Resource Requirements: The biennial budget includes annual funds for facility improvements city-wide. However, the budget does not allocate funds specifically for addressing the building deficiencies at Pioneer Hall. The City is not able to provide a cost estimate associated with the suggested repairs and improvements identified in the assessments at this time. While some of the code variances can be addressed by Staff, most of the improvements must be designed by an engineer and implemented by a licensed contractor. Suggested Next Steps 1. The most immediate threat to life safety appears to be overloaded rafters during snow loads in the log cabin portion of Pioneer Hall. The engineer that performed the study verbally suggested the City reconsider operating the structure as a shelter whenever snow is in the forecast. Staff suggests Council establish criteria (such as a threshold snowfall probability forecast) that may trigger temporarily closing Pioneer Hall or help guide the operating decision. 2. Staff should address any code variances that can be completed internally. 3. Staff should obtain an estimate of design and construction costs for remaining items and present findings to Council for further direction. Policies, Plans and Goals Supported: 4. Evaluate real property and facility assets to strategically support city mission and goals 4.1 Identify and evaluate underperforming assets 5. Seek opportunities to enable all citizens to meet basic needs. Page 1 of 2 CITY OF -ASHLAND Backl4round and Additional Information: For the past five years, the City has made Pioneer Hall available for a winter shelter for the homeless, staffed by volunteers from local religious organizations. In early 2017, Councilor Rosenthal suggested to the former Public Works Director and the former City Administrator that the City submit a Community Development Block Grant (CDBG) application for ADA renovations of Pioneer Hall to support of the facility's continued use as an emergency winter shelter. In response to the councilor's suggestion, the City commissioned a preliminary structural assessment and code evaluation of Pioneer Hall. Draft structural and code reports, identifying a number of facility deficiencies, were submitted to the City on September 11, 2017. Deficiencies ranged from simple accessibility and signage shortfalls that can be easily mitigated, to complex structural weaknesses that will require substantial design and construction efforts. Attachments: • Email from Councilor Rosenthal regarding CDGB • Draft Building Code Analysis • Draft Structural Seismic Assessment Report Page 2 of 2 CITY OF ASHLAND Kaylea Kathol From: Mike Faught Sent: Thursday, June 15, 2017 2:39 PM To: Kaylea Kathol Subject: FW: CDBG capital project grant application Hi Kaylea... This email represents the request to develop a CDBG application for the Pioneer Hall ADA renovation grant application... In addition, I just informed John Karns about cost for the works as well... From: Rich Rosenthal Sent: Saturday, April 15, 2017 1:22 PM To: Mike Faught; Linda Reid Cc: John Karns Subject: CDBG capital project grant application Mike and Linda, Several months ago, on multiple occasions to you and the then-City Administrator, I had suggested that the City submit a CDBG application for ADA renovation of Pioneer Hall, and I was told this was going to happen. In reviewing the CDBG applications, I don't see this application. What happened, and why? Rich Rosenthal Ashland City Councilor i STEVE ENNIS ARCHITECT CITY OF ASHLAND PIONEER HALL ASHLAND, OREGON BUILDING CODE ANALYSIS Draft Owner's Review - September 11, 2017 1. PROJECT OVERVIEW: a. Building Code Analysis of existing building constructed in 1921 and added onto in 1920's and 1988. b. Existing building does not have fire sprinklers or fire alarms. 2. BASIS OF CODE REVIEW: a. Communication with Kaylea Kathol, Project Manager for City of Ashland. b. Use of the building as a Commumty Hall, with occasional use as an overnight shelter with a maximum occupancy of 44. C. Field measurements and as-built drawings dated 9/11/17 (attached to this report). 3. BUILDING CODE REVIEW: a. Applicable Code: 2014 Oregon Structural Specialty Code. b. Occupancy (Chapter 3-. Group A-3 (Assembly Group A-3). C. Construction Type (Section 602.2 Type VB, no Fire Sprinklers. d. Allowable Height & Building Area (Section 503 1) 1 story & 6,000 SF Allowable (Table 503). 2) Actual First Floor: 2,345 SE 3) The 2,345 SF First Floor less than 6,000 SF allowable area in fable 503. e. Types of Construction (Chapter 6 1) As shown in Table 601, a Type V-B building does not require any of building elements to be rated. 2) Table 602 lists the Fire-Resistance rating requirements for exterior walls based on Fire Separation Distance. The exterior walls of a Type V-B Building with Group A-3 Occupancy that has a Fire Separation Distance of 10'-0" or more does not have to be fire rated. 3) The SW Corner of the building is approximately 8'-0" from the south property line. Those portions of the exterior wall that are less than 10'-0" from the south property line must have a 1-Hour fire resistance rating. 4) The north wall of the building is approximately 8'-0" from the Community Center, which is on the same take lot. The north wall of the building must have a 1-Hour fire resistance rating. 5) It is unclear if the SW Corner and North Wall of the building are constructed of the required 1- Hour fire resistance rating. f. Exterior Walls (Section 705 1) Unprotected openings in exterior walls of a non-sprinklered budding with a Fire Separation Distance of more than 5'-0" but less than 10'-0" can be up to 10% of the wall area (Table 705.8). 2) There is a window near the SW Corner of the building, but it takes up less than 10% of the south wall. 3) There are windows on the north wall of the building, but they take up less than 10% of that wall. g. Automatic Sprinkler Systems (Section 903.2.1.3 1) An automatic fire sprinkler system shall be provided in a Group A-3 occupancy where the fire area exceeds 12,000 SF or the fire area has an occupant load of 300 or more. 2) No fire sprinkler system is required. 1108 EAST JACKSON STREET • MEDFORD, OR 97501 PHONE: (541) 618-9155 • FAX: (541) 618-9156 Pioneer Hall -2- September 11, 2017 Building Code Analysis h. Occupant Load (Section 1004 & Table 1004.1.1): 1) The Occupant Load Factor for the Meeting Hall is 15 Net. The Occupancy Load is 35. 2) The Occupant Load Factor for the Conference Room is 15 Net. The Occupancy Load is 18. 3) The Occupant Load Factor for the Kitchen is 5 Net. The Occupancy Load is 5. 4) The Occupant Load Factor for the area south of the Kitchen is 15 Net. The Occupancy Load is 7. 5) The Occupant Load Factor for the Office is 100 Gross. The Occupancy Load is 1. 6) The Total Occupant Load is 66. i. Means of Egress Illumination (Section 1006): 1) The means of egress, including the exit discharge, shall be illuminated at all times the building space served by the means of egress is occupied (Section 1006.1). 2) The means of egress and exit discharge will need illumination levels of not less than 1 footcandle (Section 1006.2). 3) Emergency power for illumination must be provided at the three exterior doors, per Section 1006.3. 4) Meeting the requirements for Means of Egress Illumination must be verified. j. Accessible Means of Egress (Section 1007): 1) Accessible spaces shall be provide with not less than one accessible means of egress (Section 1007.1). 2) Given the occupancy load and configuration of the building, there needs to be one accessible means of egress from the Meeting Hall and one from the Conference Room. 3) The south door to the Meeting Hall meets the requirement for an accessible means of egress from that space, so the east door does not need to be made accessible. 4) The west door to the Meeting Room is accessible, but the concrete landing outside that door has a slope that exceeds code allowances (Section 1008.1.5). This concrete landing and the brick adjacent to it would need to be renovated in order to meet the code requirements. k. _Accessibility (Chapter 11 & ICC Al 17.1-2009): 1) The existing Kitchen does not meet the following accessibility requirements: A. Work Surface: The existing kitchen counter is 36" above the floor. A portion of that counter would need to be set at 34" above the floor to meet code requirements (Section 804.3 of ICC 3117.1-2009). b. Sink: The existing kitchen sink would need to be lowered from 36" to 34" and the cabinet below it altered to provide knee and toe clearance (Section 804.4 of ICC X1117.1-2009). C. CooktoV. The existing cooktop would have to be replaced by one that does not require reaching across the burners to access the controls (Section 804.5.4.3 of ICC A117.1-2009). 1. iAlinirnum Plumbing Fixtures Table 2902.1): (See Item 3, h. above for the Occupant Load) 1) 66 Occupants Total. 2) 33 Male's and 33 Female's. 3) Male's water closets @ 1/125 = 1 required and one provided. 4) Female's water closets @ 1/65 = 1 required and two provided. 5) Male's lavatories @ 1/200 = 1 required and one provided. 6) Female's lavatories & 1/200 = 1 required and two provided. 7) Drinking Fountain = 1 required and none provided. 8) The existing restrooms meet the plumbing fixture requirements, although a Drinking Fountain would have to be added to fully meet the current code. Also note that although the restrooms appear to have met the code requirements when they were renovated in 2003, they are missing the vertical grab bars at the water closets required by the current code. m. _Accessibility for Existing Buildings (Section 34112 1) Wlicre an alteration includes alterations to an entrance, and the facility has an accessible entrance, the altered entrance is not required to be accessible, unless required by Section 3411.7. Signs complying with Section 1110 shall be provided (Exception to 3411.8.1). If alterations are pursued, a sign will need to be added to the east door of the Meeting Room directing people to the nearest accessible entrance, which is the south door to the Meeting Room. 000 YOUR PROFESSIONAL ENGINEERING TEAM SINCE 1957 MRCLLJ ESS & ASSOCIATES INC P '~}1 772 711S F S41-77')-407') 1120 [ASTI ACI~~C~N PO BOX 490 M[l~fC~R[~.(1R~~7501 Ct\1A1 L infu„maryucss.co>m \VER: '''.maryucs.rnm Structural Seismic Assessment Report Project: Pioneer Hall 73 Winburn Way Ashland, OR 97520 City of Ashland Pioneer Hall Seismic Assessment MAI Job No. 17-1214 Prepared for: Kaylea Kathol, Project Manager City of Ashland - Public Works/Engineering 51 Winburn Way Ashland, OR 97520 (541) 331-1144 Prepared by: Kristina Cooper, P.E. Marquess & Associates, Inc. 1120 East Jackson St. Medford, Oregon 97504 Submitted by: Randy Cleveland, S.E., P.E. Marquess & Associates, Inc. 1120 East Jackson St. Medford, Oregon 97504 541-772-7115 YOUR PROFESSIONAL ENGINEERING TEAM SINCE 1957 MAROW ESS I N C P541-772-7115 F 541-779-4079 1120 EAST iACKSON 'U BOX 490 MEDPORD. UR 97501 & A S S O C I A T E S EMAIL: info@marquess.com WEB: v,x%--,N'.marquess.COm Pioneer Hall: Structural Assessment Report 1. Project Description 1.1. Scope of Work This report covers a condition assessment, gravity assessment, and Tier 1 and Tier 2 seismic assessment of Pioneer Hall located at 73 Winburn Way, Ashland, Oregon. The report also includes a description of possible seismic strengthening of the components found to be deficient with a plan sketch at the end of the report that shows the extent of the work. 1.2. Existing Building Description There are no original drawings for Pioneer Hall, so field measurements were taken to confirm shear wall lengths and heights and to confirm construction type. New architectural drawings are included at the end of this report. From information provided by the facilities manager, the log structure was constructed in 1921, the kitchen/bathroom addition a few years later, and the south addition (Conference room) was built in 1988. The building was physically observed and access into the roof spaces was provided. It is clear that the existing wood framing is in good condition. Pioneer Hall Structural Assessment Report.docx Page 1 of 8 September, 2017 fit.:. tr~« L ~.q ,r r Figure 1: Building Corner C~. ATM' J 1 ~ ~ hf Figure 2: Building Corner Pioneer Hall Structural Assessment Report.docx Page 2 of 8 September, 2017 T l Figure 3: Meeting Hall x. . a a arx; Figure 4: Attic Space Pioneer Hall Structural Assessment Report.docx Page 3 of 8 September, 2017 2. Condition Assessment A visual inspection of the logs, floor framing, and roof framing show that there is no apparent wood rot. The treated logs below grade are in good condition. The foundation stem walls below the exterior walls of the additions do not have significant cracking or spalling. The roof framing nails show no signs of corrosion. The roof above the meeting hall does sag significantly, but this is most likely due to creep over several years rather than material degradation. We were unable to access the roof framing of the Conference room addition. Only a portion of areas such as the crawlspace and buried bottom sill log were able to be viewed, so the condition assessment is representative of the entire structure and may not account for small, concealed instances of degradation. There is a partition at the office that is separating from the ceiling at the top. This wall is located at the exterior wall of the previous addition, so there is a concrete footing below it. If it continues to settle, the issue should be addressed, but because it is at a rigid foundation, there is not a strengthening that could be implemented that will not involve significant foundation work. LI'rr Figure 5: Settling Wall 3. Basis of Design The basis of design, design criteria, design loads, etc. can be found in the Design Summary at the beginning of the calculations. 4. Gravity Assessment Results and Recommendations The following items were found to be deficient by the vertical load analysis. A. Floor joists under both additions are overloaded under floor dead loads plus an 80 psf live load. Pioneer Hall Structural Assessment Report.docx Page 4 of 8 September, 2017 Conclusion - Floor joists under both additions require strengthening. This might be achieved by installing four new beams with crawlspace footings at mid-span of the joists to reduce the span length of the joists by half. This would require removal and replacement of floor finishes and sheathing to access the floor framing. If the live load is reduced to 60 psf, then the floor joists under the kitchen/restroom addition do not require strengthening. In that case, we recommend posting a live load limit of 60 psf. B. Floor beams supporting the joists under both additions are overloaded under floor dead loads plus an 80 psf live load. Conclusion - Similarly for the floor joists, the load on the floor beams can be reduced significantly if new beams with footings were installed between the existing beams to reduce the tributary area. This will require removal and replacement of floor finishes and sheathing to access the floor framing. If the live load is reduced to 60 psf, then the floor beams under both additions do not require strengthening. In that case, we recommend posting a live load limit of 60 psf. C. There is a long header above the double door entrance to the Conference room. This header is overloaded under snow loads and we recommend strengthening the existing wood header by installing a new 2x8 on the interior face of the existing header. Conclusion - Confirm the size and type of existing header during construction works. Add to the cross section of the existing header by installing a new 2x8 to the interior face of the existing header. The ends of the new 2x8 should extend past the opening and nail to the king stud. D. Pole rafters in the roof above the log structure are sagging significantly and they are overloaded under snow loads. It appears that efforts have been made to support them mid- span with new framing at the ceiling level, or the new framing was installed to support the ceiling. Regardless, the pole rafters are still overloaded, even with the new framing. Conclusion - Install a new ridge beam to span length-wise between the exterior walls on to a new wood post and beam frame that can span over the doorways at both walls. Put new double 4x rafters between the existing pole rafters to span between the new ridge beam and the exterior walls. This work will be quite challenging if the ceiling is not able to be removed prior and replaced. E. The stick-framed trusses at the roof above the kitchen/bathroom addition have lapped and nailed joints. Web members were face-nailed to the truss chords with three nails typically. These joints are not sufficient to resist the tension and compression loads in the truss members. Conclusion - We recommend installing plywood gussets at each truss joint opposite the web with a 2x spacer between the gusset and the web. The gusset would be lag-screwed into the chord and the web. S. Seismic Assessment Results and Recommendations Pioneer Hall Structural Assessment Report.docx Page 5 of 8 September, 2017 The building was assessed at the Life Safety level, with non-structural items categorized as "Life Safety". More information on the Risk Category and Level of Seismicity can be found in the Design Summary at the beginning of the calculations. The following items were found to be deficient by the Tier 2 Seismic Analysis. A. The existing short logs between openings in the walls do not have adequate strength to resist in-plane seismic lateral loads. Conclusion - Connect the short logs between openings together along their length top and bottom with long lag screws or steel plates to the inside face, which is sawn flat. B. There is no edge blocking at the wall/roof edge above the log structure, which is required at this diaphragm because it is 40 feet long. Conclusion - Provide new blocking between the roof plywood and the top log with steel clips to attach to the bottom of the roof plywood and the top of the log. C. Ties do not exist at the major return corner of the building, making the diaphragm chord and drag continuous between buildings. Conclusion - Install new steel ties from the addition wall top plates to the original log walls (see the conceptual strengthening plan for locations). D. It is assumed that there is no steel connector at the end of the beam separating the Conference room from the Kitchen. Conclusion - Confirm that there is no positive steel connection from this beam to the column at each end. Install a new Simpson angle bracket to the bottom of the existing beam to connect to the existing column. E. It is assumed that there are not sufficient sill anchors and hold-downs at both addition exterior walls. Conclusion - Confirm the type and spacing of exterior wall sill plate anchor bolts. Install new anchor bolts at 4'-0" on center and hold-downs where indicated in the conceptual strengthening plan. !thhr: The following non-structural items require lateral support. A. The stone chimney is a falling hazard. Conclusion - The chimney is required to remain for historic purpose. The most economical means of strengthening the chimney is to replace it with a reinforced core. It may be possible to keep the top brick core with new internal or external reinforcing B. It is unknown if the members of the log truss at the front of the building under the canopy have substantial end connections. It is anticipated that the cantilevered diaphragm at the canopy will deflect a fair amount, which could put a lot of stress into those end connections of the log web members. Conclusion - Create new positive connections between the canopy log truss web members and the chords with steel angles and bolting. Pioneer Hall Structural Assessment Report.docx Page 6 of 8 September, 2017 Y E NEW ANGLES AND BOLTING x> REQUIRED c 1 C. There are several tall cabinets in the Conference room that should be restrained to prevent a falling hazard. Conclusion - Use light gage steel angles and long screws to fasten the tops of the cabinets to the wall studs. 14 fi A' lit ~uli ffm % , ~ III I fj~ff fI ~N ~ qly ~i ,'if l'ID Pioneer Hall Structural Assessment Report.docx Page 7 of 8 September, 2017 6. Conceptual Seismic Strengthening The following plan sketch indicates extents of the work required for a seismic upgrade. _ - 11EW w~u./~F g~ N I 1 d I I is 11C r, y_ 1. I ' I Dw~+cM MANE jFbtcrtvrc Eat - - - - ~ I TIES ~A~ssrtc~l C.rn+NE~T~~JS AST 1 j ' Notes- ~ rf IL -t---------------- ------------J I I I 1 . I , EwSCw& RAM ' St►- &~ocK~ cS - - - i AA-V' BEAM EN I , j ; >So EXtSTt C~ I I I I , u- ----------------1--------------~ If there are any structural questions regarding the seismic assessment and retrofit of Pioneer Hall, please do not hesitate to contact Marquess and Associates. Kristine Cooper, P.E. Marquess & Associates, Inc. 1120 East Jackson St. Medford, Oregon 97504 P 541-772-7115 Pioneer Hall Structural Assessment Report.docx Page 8 of 8 September, 2017 CITY OF -A5 H LAN D j Zoning R-1-5 & R-1-7.5 zoned properties within the City, or single family residential properties within the Urban Growth R-1-5 Boundary, that have residential R-1-7.5 development potential of 1 or more units. n. r - County -SFR dj Zone Parcels Buildable Acreage t R-1-5 41 63 UGB R-1-7.5 26 15 County 61 144 'f City Limits y < a t EAST MAIN?b I . 0 ph ' ♦ m 04 ~ 41 I I'L -I C3 ~ ~ - ASHLAND ST Ike eow, i rp - & A a - A#A a.~ ~t l L 4P, _ I sir' 0 as ;r 1 c h r 1 s t a p h e r brown 187.50' PROPOSED LOT arkitek .._._._..._._..._...426 a street I a s h I a n d or 97520 5' setback parking 12 credits total I t e I . : off street 541.591.9988 standard : 9 credits o I ada: 1 credit on street N I ~Ff`~"U standard: 2 credits I PLUMMI R WN I - 6022 1 2 3 1 1 4 tasw 5 6 7 8 9 10 , ASHID CREf J.'! ndard standard I standard I standard standard I I~, O I standard I standard I standard I standard I t am ADA sta i ~1~7 F 60 carport ' I N I „ 4-car carport I o - m i i r 10--0- - -1 - - I I I I cottage unit 1_1000sf I cottage unit 9_800sf I C I I f-- l 60031' private outdoor area_300sf private outdoor area_spac parking required: 1.75 spaces covered bike parki common buildng_1000sf stop I Parking regutretl: 1.5 spaces I M 6 credits I cu I ~ el j I ILA L - - - - _ _ + M In I I outdoor common space_3000st I ~ I G N I cottage unit 2 800sf cottage unit 8-500sf o g r area 400sf I L I I ; private outdoor area 700sf private parking required: outdoo I 1.5 spaces parkin wired: 1 space m U I I ; L _ ~ I I m rn N p l I I I + N I I I V o 1 I I • u --fi 61-011 61-011 6t 011 I - I REVISIONS i-------- r : 11 spa cottage RL500sf n F1 tta a unit 3_800sf r P----------- p ateeoutdoor rea sf parking rutdoor area 50sf rking required: 1.5 spaces _ ce u u L4 ~-I ~l I-il I cotta a unit 4_650sf cottage unit 6_500sf I ;private outdoor area 350sf private outdoor area 305sf U U I L parking required: 1.5 spaces Parking required :l space I C - - - - - - - - I ° 6' setback - h I common garden_860sf I_ I I I site plarLR-1-5 enlarged project 17-010 issue dare 4_1 3_1 7 - Untk G 1.I sheet: Christopher brown O ❑ Q a r k i t e k ❑ 8 ~t ? 426 a street ashIand, or 97520 a 1; 0 541.591.9988 0 Q CHRISTOPHER PLUMMER BROWN °Q 4 eon , v J ASNWIO OREGON 0 ~ c N L W N O 7 N rn B O N v 0 r t C ` v o 1 t REVISIONS \ \ 0 renderings oro e r 1 7_0 10 ssuedVr 4_13_17 v// Vt 1 sheet: c h r 1 s t o p h e r brown 187.50' LOT PROJECT DESCRIPTION P R I VAT E DRIVE COTTAGE HOUSING STANDARDS 858 CLAY STREET ASHLAND, JACKSON COUNTY, OREGON, 97520 arkitek ASSESSOR'S MAP: 391 E14BC TAXLOT 1800 426 a street CLIENT INFORMATION a s h l a n d, o r parking 12 credits total I CITY OF ASHLAND 9 7 5 2 0 off street I standard : 9 credits o I ZONING INFORMATION 54 1 .5 9 1. 9 9 8 8 'EWAY ada: 1 credit on street N I ZONING MAP DESCRIPTION: R-1-5 standard: 2 credits I BUILDING HEIGHT: +35'MAX' (.0030.00) I ~ CHRISTOPHER n n I I I PLUMMER BROWN: 6 7 8 1 9 10 , PLANNING SUMMARY: 6022 I 2 3 1 4 lrasN 5 114 ~ I standard I I standard I I standard I ADA standard standard I standard I standard standard I O I A54Nro. OREOW I I I t ; , I PROPOSED %OF LOT N N ( TOTAL PROPOSED LOT AREA 30,OODSf 100% IJT kBN 4-car carport , o _ I _ o I TOTAL LOT COVERAGE 17,650 sf 59% J TOTAL COMMON AREA 4,650 sf 15.5% 110'-0 L PROPOSED ALLOWED _ 12 12 TOTAL COTTAGE UNITS(1/2500so I I collage unit 12 500sf , I 11 300sf ground: 2W f loft TOTAL HABITABLE AREA 7,600 sf covered tike perking common buildirg_1150sf I stop $ private outdoor area_500sf I I FAR 0.25 0.35 6 credits parking required: 1 space I C sf I • PROPOSED PARKING SPACES PROPOSED %OELOT I ~ ( ONSTREET STANDARD 2 2 I I ON-SITE L4 STANDARD 9 9 t m ADA 1 1 I TOTAL SPACES 12 12 to } Isf ; college unit 11 500sf I sf loft private outdoor area_450s sa_250sf pa.. required: 1 space i rn , I space ' c outdoor common space_3500sf b - - I I , m O N cottage unit 10 500sf I I rn private outdoor area 400sf I I ns sf loft ; parking requiretl: t space 1 o I tat 250sf } space t? I I U u ¢ ~ I I I REVISIONS E - C - It -D' I ______N____, $ ' c $ c C _ C - ] w ;cottage unil9_500„4 el$ ° ~I a- ; common aMen 760sf o qIn mate outdoor area ,°n m wpm m _ _ $ $ ;Parking required: 'space I NI~ mrU D~ - - ITV O~q sf o o f° ` o C- -7] e v C cottage unit 8_5DOsf i Vpriva outdoor area_400sf Parking required: 1 space 52 52 m - IL_ Q site plan-R-1-5 prnlerr 1 70 1 0 c t.e , 1~ ssue date 5_3_1 7 sheet: c h r 1 s t o p h e r brown arkitek 426 a street D D ashIand, or 97520 0 tel.: 541.591.9988 CHRISTOPHER PLUMMER BROWN ° O O 7`C, 6D22 p° U 4 ASHtPt1P OREGON v f j/ C` ~Q 0 OF 0 C m L m _ a m - N O + k _ _ i- er u °cr REVISIONS O 0 0 O a renderings er 17_010 issue oate 5_3_1 7 sheet: chrishopher brown arkitek 426 a s t r a e I ashIand, or 97520 tel.: 541.591.9988 CHRISTOPHER - - - _ _ ` PLUMMER BROWN MANX caer,Oa i= l0 PM %~~P~~~" O ` Vl - ®i (n 0 f' m 10 10 10 10:00 AM : - m v, O 1 REVISIONS 8:38 AM Debehber 21 solar study MM prujeci 1 7-0 1 0 ~v `c\-r issue Cate 5_3-1 7 sheet: 3 c h r i s t o p h e r brown 120.00' LOT - PROJECT DESCRIPTION - COTTAGE HOUSING STANDARDS ASHLAND, JACKSON COUNTY, OREGON, 97520 ALLEY CLIENT INFORMATION a r k i t e It CITY OF ASHLAND c 4Z6 a street m.au.da.ia.i ZONING INFORMATION ashIand, or .nm.,a:,a.a.: 9 7 5 2 0 .a.: t u.a. g_c. I ZONING MAP DESCRIPTION: R-1-7.5 t e l. Rallmll - - - - - 9 .W.d: I n.dd - - - BUILDING HEIGHT: +35' MAX- (+0030.00') I i 541.591.9988 .w z s a 5 ' ' I PLANNING SUMMARY: r.~c nw .brdw aardw I b r.w w W.'d nor PROPOSED CHRISTOPHER 1 ~ b I , - I %F l0T « TOTAL EXISTING LOT AREA 17,040 sf 100% ~ PLUMMER FROWN I TOTAL LOT COVERAGE 8,138 at 48% _ 6022 1 PROPOSED AL O E ASHLAND. OREGON _ I TOTAL COTTAGE UNITS(1/375Ost) 4 4.5 F I I TOTAL HABITABLE AREA 4,100 sf FAR 0.24 0.35 rt e..v.a ea. PROPOSED PARKING SPACES PROPOSED CREDIT ON-STREET - - 1 1 STANDARD ON-SITE 4 4 . - I STANDARD 1 1 i ADA C ( TOTALSPACES 6 6 1 m I Im I - - p.ivat. oNdm A. 550.1 'I V I 'O pvMiy Ra~..a: is w.c.s I; ' t In 1 cabge W 3_500.1 C i ~ w*++». wnaoor u.. 500a i r pukig iM ed: i .p+a t . ^ m In m r` I I } I I R I o l I hl REVISIONS I I I I ' ~ 201 setback I P. - site plan-R-1-7.5 project 17_010 .,-ddte 5_3_17 PUBLIC AVE. s h e e t: christopher brown ark itek 426 a street ashland, or 97520 po ® tel.: ® 00 541.591.9988 00 ,V, CHRISTOPHER ~j. PLUMMER BROWN 0~ ® 6022 ® Or /SHUVID.OAEGOII ® iT~. OF o~~c 0 C N N ~ N OI 4- C O J 0 0) VI j- rn 00 } 1 f -0 - u ~ REVISIONS Op ® 00 00 ® Q fig renderings ® ® ® O project 1 7_0 1 0 issue Gate 5_3_17 sheet: