Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2018-03-06 Council Meeting
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 j ASHLAND CITY COUNCIL March 6, 2018 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 1. Business Meeting of February 20, 2018 VI. SPECIAL PRESENTATIONS & AWARDS None. VII. MINUTES OF BOARDS, COMMISSIONS, AND COMMITTEES Airport Conservation Forest Lands Historic Housing and Human Srvs. Parks & Recreation Planning Public Arts Transportation Tree Wildfire Mitigation VIII. 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] IX. CONSENT AGENDA 1. Liquor license application for RV Roasting Company, LLC 2. Endorsement of SOU's Women's Resource Center's Sexual Assault Awareness Month campaign for the purpose of hanging a banner CITY OF ASHLAND DRAFT MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 20, 2018 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 Mayor Stromberg called the meeting to order at 7:02 PM. H. PLEDGE OF ALLEGIANCE 111. ROLL CALL Councilor Darrow, Councilor Morris, Councilor Slattery, Councilor Seffinger, and Councilor Rosenthal were present. IV. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced the current Commission vacancies. V. APPROVAL OF MINUTES 1. Study Session of February 5, 2018 2. Executive Session of February 5, 2018 2. Business Meeting of February 6, 2018 Councilor Slattery moved to approve the minutes. Councilor Morris seconded. Discussion: None. All Ayes. Motion passed unanimously. VI. SPECIAL PRESENTATIONS & AWARDS 1. Annual presentation by the Transportation Commission Public Works Deputy Director, Scott Fluery and Chair of the Transportation Commission, Joe Graf gave an update of the Transportation Commission. Susan Hall -Ashland- Spoke regarding the Transportation Commission's Open House. She spoke that it is great to consolidate ideas and recommended all Commissions to do open houses to collect public input. 2. Presentation by the Ashland Watershed Trails Association President of the Ashland Woodlands Trails Association, Torsten Heycke presented a PowerPoint presentation to Council (see attached). He spoke that they work closely with the Fire Department, the Forest Service, and Pacific Trail Association. He spoke that the Association could not do what they do without the City of Ashland support. In his presentation he discussed: • The Mission Statement. • Long-term planning. • Ashland Trails Master Plan. • Clean-up on trails. • Ashland Map Guide. • Separate trails for bikers and hikers. • Trail Steward Program. Council thanked Mr. Heycke. Councilor Slattery asked Council if they could give direction to allow him and Councilor Seffinger to move forward on an idea creating an Ad-Hoc Committee to deal with senior issues in Ashland. He explained that this has nothing to do with the Senior Center. Councilor Slattery moved to discuss creating an Ad-Hoc Committee to deal with senior issues in Ashland under other business at tonight's meeting. Councilor Seffinger seconded. Discussion: Councilor Rosenthal requested to add this item to a future meeting. Councilor Slattery spoke that he would be ok with that. Council decided to put this item on the next Council Meeting or Study Session. All Ayes. Motion passed unanimously. VII. MINUTES OF BOARDS, COMMISSIONS, AND COMMITTEES Airport Conservation Forest Lands Historic Housing and Human Srvs. Parks & Recreation Planning Public Arts Transportation Tree Wildfire Miti ag tion VIII. 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] Karen Logan - Ashland -Explained that she is the founder of the Ashland Tiny House Group. She spoke that they have made an offer to lease 380 Clay St. to create a tiny house village. She spoke that she does not understand why they have not received a response yet. She spoke that they will continue to advocate. She spoke that they are having a meeting tomorrow to discuss the project and invited Council. She requested that the City put this item on the Agenda as soon as possible or create a study session. I Sansa Collins -Ashland-Spoke regarding downtown safety. She explained that she is the manager at Paddington Station Jewel box. She spoke regarding incidents that occurred in the back of the store by transients. She spoke that customers felt unsafe and they had to put the store on lockdown. She explained the Police were called and handled it well. She spoke that she would like Council to discuss ways to increase safety. Staff explained that there will be Study Session coming up on these items. Councilor Slattery addressed tiny homes. He spoke that he has an interest in tiny homes but there needs to be a plan. He spoke that until he sees a full plan he will not support going forward with this. IX. CONSENT AGENDA 1. Appointment of Rick Barth to the ad hoc Climate and Energy Plan Implementation Committee 2. Quitclaim of an unused Public Utility Easement for 560 Fordyce Street 3. NJPA Cooperative Procurements for fleet vehicles Councilor Slattery pulled item 3 - Public Works Director, Paula Brown, Maintenance Safety Supervisor, Wes Hoagley and Public Works Superintendent, Mike Morrison explained the process of purchasing vehicles. Ms. Brown explained that this will be for purchasing 8 vehicles. She explained that the life expectancy of the vehicles are 10-12 years. Mr. Hoagley explained that the hybrid will save money on gas and it is also quieter 4. Professional services contract for a Transit Feasibility Study Councilor Seffinger pulled item 4- she asked for clarification of what the City will benefit from this Study. Deputy Public Works Director, Scott Fleury spoke that the study is to provide the strategy and focused effort on how look at transit for the future. Councilor Rosenthal moved to approve the consent agenda. Councilor Morris seconded. Discussion: None. All Ayes. Motion passed unanimously. X. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) None XI. UNFINISHED BUSINESS None XII. NEW AND MISCELLANEOUS BUSINESS 1. AFN Marketing Plan Administrative Service Director, Mark Welch and operations manager of AFN, Don Quiley presented Council with a PowerPoint presentation (see attached). In his presentation he discussed: • Different levels of purchase. • AFN reliability. • Disconnect chart. • Market share. • ISP accountability. • AFN packages. • Debt & Revenue. • Customer education. Councilor Rosenthal questioned why the Council has not seen the marketing plan. Finance Director, Mark Welch spoke that Staff will go back and look at the plan and bring back to Council. Councilor Slattery spoke that he would like to have had everything in front of him before a presentation like this. He spoke that the City is a Public Entity and is not comfortable with redaction to a plan that already exists. City Attorney, David Lohman explained that the City does have the ability to keep proprietary information confidential. Council directed Staff to bring back the legal parameters on this topic. 2. Discussion of City Councilor Appointment Process of Councilor Position #3 Council discussed the appointment process. Councilor Slattery moved to open the Council Seat #3 beginning February 2151 with a deadline of 5:00 PM, March 2"d. Council will decide on the applicant pool at the March 6" Council Meeting and make the final decision at the March 20th Council Meeting. Councilor Seffinger seconded. Discussion: None. All Ayes. Motion passed unanimously. X111. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second reading by title only of an ordinance titled, "An ordinance amending AMC 6.42 to restrict retail sales of tobacco products or inhalant delivery systems to adults only" Mr. Lohman gave a brief staff report. He spoke that there were no changes proposed since the first reading. Councilor Seffinger moved approval of second reading by title only. Read title. Councilor Slattery seconded. Discussion: Seffinger explained the importance. XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Slattery spoke regarding the Raiders playoff game: Councilor Seffinger spoke that the opening to the Recreation Center went great. Councilor Darrow spoke that things are going great at the Food Bank. XV. ADJOURNMENT OF BUSINESS MEETING The Business Meeting was adjourned at 9:40 PM Respectfully submitted by: City Recorder, Melissa Huhtala Attest: Mayor Stromberg In compliance with the Americans with Disabilities Act, ifyou need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). Mr. Lohman gave a brief staff report. He spoke that there were no changes proposed since the first reading. Councilor Seffinger moved approval of second reading by title only. Read title. Councilor Slattery seconded. Discussion: Seffinger explained the importance. XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Slattery spoke regarding the woman Raiders playoff game. Councilor Seffinger spoke regarding the Resource Center open house and how great it was. Councilor Darrow spoke that things are going great at the Food Bank. XV. ADJOURNMENT OF BUSINESS MEETING The Business Meeting was adjourned at 9:40 PM Respectfully submitted by: /~~t 0- /4,12 L(N City Recorder, Melissa Huhtala Attest: A-4-~ (~"Ix Mayor Stromberg In compliance with the Americans with Disabilities Act, if'you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). Council Business Meeting March 6, 2018 Title: Liquor License Application for RV Roasting Company, LLC From: Melissa Huhtala City Recorder Melissa.huhtala@ashland.or.us Summary: This is a request for approval of a Liquor License Application from RV Roasting Company, LLC, at 917 E. Main Street. Actions, Options, or Potential Motions: I move to approve the Liquor License for RV Roasting Company, LLC. Staff Recommendation: Staff recommends approval of the liquor license application because the City has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The City Council recommends that the OLCC proceed with the processing of this application. Resource Requirements: N/A Policies, Plans and Goals Supported: AMC Chapter 6.32 Liquor License Review Background and Additional Information: This is an application for a new Liquor License. The City has determined that all liquor license applications be reviewed by the City as set forth in AMC Chapter 6.32, which requires that a determination be made as to whether the applicant complies with the City's land use, business license and restaurant registration requirements. AMC Chapter 6.32 also requires that these applications also be reviewed by the Police Department. In May 1999, the City Council decided it would make formal recommendation on all liquor license applications. Attachments: Application Page 1 of l CITY OF -ASHLAND OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION LICENSE FEE: Do not include the license fee with the CITY AND COUNTY USE ONLY application (the license fee will be collected at a later time). Date application received APPLICATION: Application is being made for: Name of City or County ❑ Brewery p Brewery-Public House Recommends this license be _ Granted _ Denied ❑ Distillery ❑ Full On-Premises, Commercial By ❑ Full On-Premises, Caterer ❑ Full On-Premises, Passenger Carrier Date ❑ Full On-Premises, Other Public Location ❑ Full On-Premises, Nonprofit Private Club O C E•- ❑ Full On-Premises, For-Profit Private Club ❑ Grower Sales Privilege , -4 Application re ived Limited On Premises Off-Premises Date u VE Off-Premises with Fuel Pumps ❑ Warehouse License Action: ❑ Wholesale Malt Beverage & Wine (WMBW) ❑ Winery f- 1. LEGAL ENTITY (example: corporation or LLC) or INDIVIDUAL(S) applying for the license;;,;r Applicant #1 Applicant #2 R V 1~fi'Vtk Ce u..c.. Applicant #3 Applicant #4 i 2. Trade Na of the Business (t name 1ustome~rss will see): 3. Business Loc: umber and St et City unty !Z"-- 4. - j Is the business at this location currently licensed by the OLCC? Yes o S. Mailing Address (where the OLCC will send your mail)-:- PO _Box, Number, Street, Rural Route - - City State ZIP 6. Phone Number of the Business Location: 1 7. Contact Person for this Applic Lion: _ Name ' Phone Number - - - proses. - SiSignature of Applicant #2 Signature of Applicant #4 Si CLCC LJVuOr Gcerz Appccatt- Rev C6{?~_~~ Council Business Meeting Title: Endorsement of SOU's Women's Resource Center's Sexual Assault Awareness Month Campaign for the Purpose of Hanging a Banner From: Diana Shiplet Administrative Analyst Diana. ship let@ashland. or. us Summary: The SOU Women's Resource Center have organized a Sexual Assault Awareness Month campaign and would like to hang a banner across E. Main Street April 2 - 8, 2018. However, per ODOT and City of Ashland regulations, the only banners allowed to be hung across E. Main Street are those for City events or City-endorsed events. Council must decide if they will endorse this request to hang this banner. Actions, Options, or Potential Motions: I move approval of endorsement of SOU Women's Resource Center's Sexual Assault Awareness Month campaign for the purposes of hanging a banner across East Main Street. Staff Recommendation: N/A Resource Requirements: City staff time for installing the banner is paid for by the $125 banner hanging fee. Endorsement by the Council does not include waiver of any fees. SOU Women's Resource Center will be required to pay all fees associated with hanging the banner. Policies, Plans and Goals Supported: N/A Background and Additional Information: City of Ashland and ODOT regulations require that all banners hung across E. Main Street be for city events or city endorsed events. Any non-city event must request endorsement by a city commission with final approval by the Council or must directly request endorsement from the Council in order to qualify for banner hanging. SOU Women's Resource Center's Sexual Assault Awareness Month campaign is not a city event, nor is it a City grant recipient but they are requesting endorsement by the Council to hang a banner. Attachments: Banner Application Page Iof I CITY OF -ASHLAND BANNER APPLICATION ✓qN Please fill in the information requested below and submit this form to the City Administrator, 20 162010 E. Main Street, Ashland, OR 97520. Upon approval of your application by the City Administrator, the City of Ashland will obtain approval from ODOT, and then collect the $125 fee. Please write below exactly what will be printed on the banner. All banners will be reviewed for any offensive or inappropriate message content by the City of Ashland and ODOT. Please note: No Advertising of any kind, No phone numbers, and No web or e-mail addresses are permitted on the banner. XU IL 155 UuT Avjgg~ 53 Ybud VmCE SOU e o s~ ~~;Q IL aUf AA14W ASt,la2d ' Q,cY~BIn S f~~SO~trL.,P~(~ni'2.~ G2~-- NAME OF ORGANIZATION/: A'/ f' ~WI ' S h `at, 9) bin &k CONTACT PERSON: AJ P1(1(~~ PHONE: ADDRESS OF ORGANIZATION/CONTACT: 691 a l e-A JC 0j 'br1 d e.) /J. to ql' WEEK REQUESTED FOR BANNER: fl II F n 0 i (FOR CITY USE ONIM TffiS APPLICATION IS: D APPROVED FOR A CITY OF ASHLAND SPONSORED OR ENDORSED EVENT. D NOTAPPROVED. J DATE: CITY ADMINISTRATOR Date Fee Paid to City of Ashland: (FOR ODOT USE ONLY) THE ABOVE APPLICATION IS: APPROVED D NOTAPPROVED. DATE: ODOT Revised 2122/12 Council Business Meeting March 6, 2018;1 Title: Award of Construction Contract for the Construction of the Park Estates and Terrace Street Pump Station Improvements From: Paula Brown Public Works Director Paula. Brown(o)_ashland. or. us Kevin Caldwell Senior Project Manager Kevin.Caldwell ashland.or.us Summary: Before the Council is a public works construction contract for improvements to the Park Estates and Terrace Street pump stations. The apparent low bidder for the project is McClure and Sons Inc. If this contract is awarded, staff will work with the McClure and Sons to immediately begin construction activities associated with the Park Estates Pump Station. Work is anticipated to begin on the Terrace Street Pump Station this winter due to irrigation season and to facilitate the possibility of pumping Talent Irrigation District (TID) water to the water treatment plant. In addition to this construction contract, under separate action, staff is also requesting the award of a construction support services contract to Keller Associates at this evening's business meeting. Actions, Options, or Potential Motions: Move to approve award of the construction contract with additives to McClure and Sons Inc. in the amount of $2,990,630 for the Park Estates and Terrace Street Pump Station Improvements. This project was bid with two additive items; 1) SCADA (supervisory control and data acquisition) improvements at the Talent-Ashland-Phoenix (TAP) Pump Station to integrate network controls, and 2) additional parking bump-out on Ashland Loop Road. Staff elected to bid these items separately as they are not specifically required for the pump station(s) operation and could be optional if the bid pricing came in higher than anticipated. Staff recommends both additive items be awarded as the bid pricing was within the engineer's estimate ($3,241,000) and the City may capitalize on the economy of scale. The option, should Council not approve this contract, is to re-bid the construction as two separate contracts or not complete the work. Staff Recommendation: Staff recommends the Council accept the bid and award a contract to McClure and Sons Inc. in the amount of $2,990,630 to include the two additives for the Park Estates and Terrace Street Pump Station Improvements. Page I of 4 CITY OF -ASHLAND Resource Requirements: Funds to support the complete project are allocated in the current biennium. The biennium budget has $3,570,000 for the pump stations and pretreatment for the City's use of the TID raw water. At the November 21, 2017, Business Meeting, Council approved an increase in the current Infrastructure Financing Authority Loan (IFA) to cover costs associated with the pump station improvements. The City has a low interest loan from the IFA with $1,924,555 remaining to fund the construction of the Terrace Street and Park Estates pump stations. This funding must be expensed by October 19, 2019, in order to stay in compliance with the loan requirements. The remaining monies required to cover project expenses will come from the appropriations granted in the water supply and distribution budgets. Policies, Plans and Goals Supported: The projects presented above represent the development and subsequent Council approval of the 2012 Comprehensive Water Master Plan Update. The water master plan update was the culmination of a multi-year effort between Carollo Engineers, Ashland Water Advisory Committee (AWAC) and city staff. Council Goals: 4. Evaluate real property and facility assets to strategically support city mission and goals. 22. Prepare for the impact of climate change on the community. Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Deliver timely life cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and financial resources Background and Additional Information: This project was publicly bid on January 4, 2018. Bids were received from McClure and Sons Inc., James W Fowler Co, Adroit Construction and TEK Construction on February 14, 2018. McClure and Sons Inc. submitted the low bid of $2,990,630. Staff and our engineering consultants find McClure and Sons Inc. bid to be the lowest responsive and meets project requirements for construction of the two pump stations. As required by the IFA Loan, staff has forwarded all project plans, specifications and contracts to the City's regional loan coordinator for review and approval. The regional coordinator has approved all contract and construction documents referenced as attachments to this staff report. Park Estates Pump Station: This project addresses pumping redundancy and operational plaguing of the current pump station and addresses estimated fire flow deficiencies in the Park Estates and South Mountain service areas. The current pump station configuration does not generate enough suction pressure to access all water in the Crowson Reservoir, leaving approximately 1 million gallons of untapped potable water unavailable for use within the distribution system. Page 2of4 CITY OF ASHLAND The new pump station will provide five vertical turbine redundant pumps for peak hour capacity and fire flow requirements. All pumps will run off of variable frequency drives (VFDs) providing an efficiency improvement over the current pump station configuration. Keller Associates estimated efficiency improvements and annual pump operating costs which are shown in table 1. Pump Vertical Turbine Submersible Existing Pump Pump Pump 2030 Average Demand 25 gpm 25 gpm 25 gpm Motor Rating 5 hp 5 hp 10 hp Pump Efficiency at 30% 2030 Demand Point 62% 54% Annual Energy Use (kWh) 17,000 21,000 85,000 Table 1: Annual Energy Cost $1,360 $1,680 $6,800 The pump station improvements were also designed and sized to eliminate the South Mountain pump station once the Waterline Road piping project is complete. This will allow the City to abandon a pump station and provide an additional reduction in electrical consumption. In addition, completing the project provides for safer access and maintenance of the pump station as the existing pump station constructed is below grade in a small circular concrete structure. Terrace Street Pump Station: Water curtailment in 2009 necessitated upgrades to the existing pump station used to send water from the TID canal to the Water Treatment Plant during dry years. The current pump station configuration houses three 200-horsepower pumps that are operated manually when the pump station is in use. Manual operation requires 24 hour management of the pump station during these periods to maintain flow to the water treatment plant. The project will replace the existing pumps with three new vertical turbine pumps capable of delivering 3.5 million gallons a day to the water treatment plant and provide a new at-grade pump house. The pump station will also be capable of pre-treating TID water for organics as recommended in the 2012 master plan. Keller Associates estimated efficiency improvements and annual pump operating costs which are shown in table 2. M&W Turbine Submersible Pump Existhig Pump 7eroaia Ue.inand 537,013 83.7% 84% ating 100 hp 100 hp 200 hp Pump Efficiency at 84% 81% 65% Demand Point Annual Energy Use 94,000 101,000 157,000 (kWh) Table 2: Annual Energy Cost $7,520 $8,080 $12,560 Page 3 of 4 CITY OF -ASHLAND Attachments: 1) Bid Summary 2) Engineer's Estimate 3) Construction Contract 4) Engineer's Recommendation 5) Notice of Award Project Drawings available upon request. Page 4of4 CITY OF -ASHLAND CITY OF ASHLAND - ENGINEERING DIVISION SUMMARY OF PROPOSALS Project: Park Estates /Terrace St Pump Stations Project No: 2012-04 / 2012-01 Date of bid opening: February 14, 2018 - 2:00 p.m., Siskiyou Conference Room No of Addendum: Name of Bidder 1 3 2 4 5 6 McClure and James W Adroit Tek Sons, Inc Fowler Co Construction Construction Park Estates LS $ 1,882,651 $ 1,902,000 $ 1,925,750 $ 1,900,000 Terrace St LS 820,000 812,000 976,960 1,100,000 Control Integration 125,717 125,717 125,717 125,717 Contingency 50,000 50,000 50,000 50,000 Sum of base bid $ 2,878,368 $ 2,889,717 $ 3,078,427 $ 3,175,717 0 0 Additive Bid 1 92,262 92,262 92,262 92,262 Additive Bid 2 20,000 19,280 17,550 50,000 Total Bid Amount $ 2,990,630 $ 3,001,259 $ 3,188,239 $ 3,317,979 G:\pub-wrks\eng\2015 Project Year\15-31 WTP - Crowson II\Bid summary 02.14.18.xlsx City of Ashland Overall Summary Pump Station Cost Estimate PROJECT: Park Estates and Terrace Street PS JOB M 217003 LOCATION: Ashland, Oregon DATE : 1/4/2018 _ ESTIMATE CLASS: 100% Design BY : JK/MS Description Estimated Cost Base Bid Park Estates Pump Station $ 1,927,000 Terrace Street Pump Station $ 11013,000 Contingency Allowance $ 50,000 Control Integration $ 218,000 Total Base Bid $ 3,208,000 Additive Bid Parking along Ashland Loop Road $ 33,000 Total Additive Bid $ 33,000 The cost estimate herein is based on our perception of current conditions at the project location. This estimate reflects our professional opinion of accurate costs at this time and is subject to change as the project design matures. Keller Associates has no control over variances in the cost of labor, materials, equipment, services provided by others, contractor's methods of determining prices, competitive bidding or market conditions, practices or bidding strategies. Keller Associates cannot and does not warrant or guarantee that proposals, bids or actual construction costs will not vary from the costs presented herein. J:\217003 Ashland Park Estates PS\c DESN\ CALCS\Cost Estimate Combined.xls City of Ashland Park Estates PS Park Estates Booster Station Cost Estimate PROJECT: Park Estates Booster Station JOB 217003 LOCATION: Ashland, Oregon DATE : 1/4/2018 ESTIMATE CLASS: 100% Design BY : JK/MS Description Sitework/Yard Piping ? 545,000 Building Structure $ 201,000 Equipment $ 224,000 Mechanical Piping and Valves $ 107,000 HVAC/Plumbing $ 35,000 Electrical $ 301,000 Instrumentation and Controls $ 102,832 Direct Cost for Base Bid $ 1,515,832 General Conditions (mob, demob, field man.) 10% $ 152,000 Subtotal $ 1,667,832 Contingency 5% $ 83,392 Subtotal $ 1,752,000 Contractor Overhead and Profit 10% $ 175,000 Subtotal $ 1,927,000 Total Base Bid $ 11927,000 Additive Bid Parking along Ashland Loop Road $ 33,000 Direct Cost for Additive Bid $ 33,000 The cost estimate herein is based on our perception of current conditions at the project location. This estimate reflects our professional opinion of accurate costs at this time and is subject to change as the project design matures. Keller Associates has no control over variances in the cost of labor, materials, equipment, services provided by others, contractor's methods of determining prices, competitive bidding or market conditions, practices or bidding strategies. Keller Associates cannot and does not warrant or guarantee that proposals, bids or actual construction costs will not vary from the costs presented herein. J:\217003 Ashland Park Estates PS\c DESN\ CALCS\Cost Estimate Combined.xls City of Ashland Terrace Street PS Terrace Street Booster Station Cost Estimate PROJECT: Terrace Street Booster Station JOB 217004 _ LOCATION: Ashland, Oregon DATE : 1/4/2018 ESTIMATE CLASS: 100% Design BY : JK/MS Sitework/Yard Piping i $ T203,000 Building Structure/Dry Pit Modifications $ Equipment $ Mechanical Pip ing and Valves $ 72,000 HVAC/Plumbing $ 15,000 Electrical $ 149,000 Instrumentation and Controls $ 82,000 Direct Cost for Base Bid $ 797,000 General Conditions (mob, demob, field man.) 10% $ 80,000 Subtotal $ 877,000 Contingency 5% $ 43,850 Subtotal $ 921,000 Contractor Overhead and Profit 10% $ 92,000 Subtotal $ 1,013,000 Total Base Bid $ 1,013,000 The cost estimate herein is based on our perception of current conditions at the project location. This estimate reflects our professional opinion of accurate costs at this time and is subject to change as the project design matures. Keller Associates has no control over variances in the cost of labor, materials, equipment, services provided by others, contractor's methods of determining prices, competitive bidding or market conditions, practices or bidding strategies. Keller Associates cannot and does not warrant or guarantee that proposals, bids or actual construction costs will not vary from the costs presented herein. J:\217003 Ashland Park Estates PS\c DESN\ CALCS\Cost Estimate Combined.xls CITY OF ASHLAND PARK ESTATES AND TERRACE STREET PUMP STATIONS 217003 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between the City of Ashland, an Oregon municipal corporation ("Owner') and McClure and Sons, Inc. ("Contractor'). Owner and Contractor hereby agree as follows: ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Improvements to the existing Terrace Street Pump Station and construction of the new Park Estates Pump Station involving construction of steel and masonry structures; demolition and site improvements; installation of pumps, mechanical piping, electrical gear, generator, and appurtenant work. 1.02 Work shall include Base Bid plus Additive Bid Item #1 and Additive Bid Item #2. ARTICLE 2-THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Structural, architectural, mechanical, and electrical design of a new pump station in Park Estates, and upgrades to the existing Terrace pump station. City of Ashland, Oregon Park Estates and Terrace Pump Stations Project No. 217003 ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Keller Associates. 3.02 The Owner has retained Keller Associates, Inc. ("Engineer') to act as Owners representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. Modified from 2013 EJCDC• C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Page 1 of 8 CITY OF ASHLAND PARK ESTATES AND TERRACE STREET PUMP STATIONS 217003 4.02 Contract Times: A. The Work will be substantially completed by March 1, 2019 after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions by April 1, 2019 after the date when the Contract Times commence to run. B. Parts of the Work shall be substantially completed on or before the following Milestone(s): 1. Milestone 1. The Contractor shall complete the SCADA and Integration services at TAP Pump Station by June 1, 2018 if additive bid item #1 is awarded. These integration services are anticipated to the responsibility of the Owner's integrator (ORPAC). 2. Milestone 2. The Contractor shall complete the modifications at Park Estates Pump Station as identified in the drawings and specifications by November 1, 2018. C. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial and Final Completion: Contractor shall pay Owner $2,000.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial and Final Completion until the Work is complete. 2. Milestone 1 and 2: Contractor shall pay Owner $2,000.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.6 above for Milestone 1 and 2 until the Milestones are achieved. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. ARTICLE 5 - CONTRACT PRICE A. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. The total contract price is $2,990,630.00 . ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. Modified from 2013 EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Page 2 of 8 CITY OF ASHLAND PARK ESTATES AND TERRACE STREET PUMP STATIONS 217003 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 30th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b.95~ percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100: percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 - INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of 6:0 percent per annum. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Modified from 2013 E1CDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Page 3 of 8 CITY OF ASHLAND PARK ESTATES AND TERRACE STREET PUMP STATIONS 217003 C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 1. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 1. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 ton inclusive). 2. Performance bond. 3. Payment bond. 4. General Conditions (pages li to n inclusive). S. Supplementary Conditions (pages n ton inclusive). 6. Specifications as listed in the table of contents of the Project Manual. Modified from 2013 E1CDC6 C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price(. Page 4 of 8 CITY OF ASHLAND PARK ESTATES AND TERRACE STREET PUMP STATIONS 217003 7. Drawings (not attached but incorporated by reference) consisting of 7 sheets with each sheet bearing the following general title: Park Estates & Terrace Stree Stations. 8. Addenda (numbers F17 ] to n inclusive). 9. Exhibits to this Agreement which are fully incorporated herein by this reference (enumerated as follows): a. Contractor's Bid (pages n to f 3 inclusive), including completed IFA forms. b. Construction Contract Requirements for Recipients of Safe Drinking Water Financing. c. The Oregon Safe Drinking Water Revolving Loan Fund Program Labor Standards Guidelines. 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. C. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents otherthan those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Modified from 2013 FJCDC® C-520, Agreement Between Ownerand Contractor for Construction Contract (Stipulated Price). Page 5 of 8 CITY OF ASHLAND PARK ESTATES AND TERRACE STREET PUMP STATIONS 217003 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of fads made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 State Drinking Water Financing Contract Provisions A. The Contractor agrees to abide by the requirements of the Clean Drinking Water Revolving Fund Program as applicable to this project, including all of the required contract clauses found in the Construction Contract Requirements for Recipients of Safe Drinking Water Financing attached to this Agreement and incorporated herein by this reference. B. The Contractor agrees to abide by the Oregon Safe Drinking Water Revolving Loan Fund Program Labor Standards Guidelines attached to this Agreement and incorporated herein by this reference (pages 1 to 12, inclusive). C. Contractor shall carry out applicable requirements of Infrastructure Finance Authority (IFA) in the award under the Clean Drinking Water Revolving Fund Program. Failure by the Contractor to carry out these requirements is a material breach of this contract which may result in the termination of this Contract or other legally available remedies. Modified from 2013 E1CDC® C-520, Agreement Between Owner and Contractor for Construction Contract (stipulated Price). Page 6 of 8 CITY OF ASHLAND PARK ESTATES AND TERRACE STREET PUMP STATIONS 217003 10.07 Governing Law The Contract shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Contract shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Contract in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 10.08 Effective Date The Contract shall become effective on the date of execution on behalf of the Owner, as set forth below (the "Effective Date"). Modified from 2013 E1CDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Page 7 of 8 CITY OF ASHLAND PARK ESTATES AND TERRACE STREET PUMP STATIONS 217003 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement as of the dates set forth below. OWNER: CONTRACTOR: City of Ashland, Oregon McClure and Sons, Inc. By: By: Title: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: City of Ashland, City Engineering Office McClure and Sons, Inc. 20 East Main Street 15714 Country Club Drive Ashland, Oregon 97520 Mill Creek, Washington 98012 License No.: 71127 (where applicable) (If Owner is a corporation, attach evidence of authority NOTE TO USER: Use in those states or other to sign. If Owner is a public body, attach evidence of jurisdictions where applicable or required. authority to sign and resolution or other documents authorizing execution of this Agreement.) Modified from 2013 E1CDC® C-520, Agreement Between Owner and Contractorfor Construction Contract (Stipulated Price). Page 8 of 8 i KELLER ASSOCIATES February 22, 2018 Mr. Kevin Caldwell, Senior Project Manager City of Ashland, Public Works 20 East Main Street Ashland OR 97520 Re: Bid Evaluation and Recommendation for Award Ashland Park Estates and Terrace Street Pump Stations Dear Mr. Caldwell: I am writing to summarize our evaluation and recommendation to award the above referenced project. Four (4) bids were received on February 14, 2018, from the following qualified contractors: McClure & Sons, Inc.; James W. Fowler Co.; Adroit Construction Co., Inc.; and Tek Construction, Inc. Contractor base bids ranged from $2,878,368 to 3,175,717, with an Engineer's Estimate of $3,208,000 (see enclosed bid summary). McClure & Sons, Inc., from Mill Creek, WA, is the low bidder. We have reviewed their bid forms and find their bid to be responsive to the requirements of the bid documents. McClure & Sons, Inc. included a bid of $92,262 for Additive Bid Item #1, and $20,000 for Additive Bid Item #2. Keller Associates recommends that the City of Ashland award the project to McClure & Sons, Inc. in the amount of $2,990,630 to cover the Base Bid and Additive Bid Items #1 and #2, as it is understood that this recommendation fits within the City's budget. Please call if you have questions or need additional information. Sincerely, KELLER ASSOCIATES, INC. Jason King, P.E. Project Engineer Enclosures (Bid Summary) cc/enc: File 217003-001 I:JC1) CE i' ,INEEFS MINT CO\t~- i.~::LM1'EM1iS C01't!I r=, NOTICE OF AWARD Date of Issuance: 03/07/2018 Owner: City of Ashland, Oregon Owner's Contract No.: 2015-31 Engineer: Keller Associates, Inc. Engineer's Project No.: 217003-001 Project: Park Estates and Terrace Street Pump Contract Name: Park Estates and Terrace Stations Street Pump Stations Bidder: McClure & Sons, Inc. Bidder's Address: 15714 Country Club Drive Mill Creek, WA 98012 TO BIDDER: You are notified that Owner has accepted your Bid dated February 14th, 2018 for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: City of Ashland Park Estates and Terrace Street Pump Stations (Base Bid, Additive Bid #1, and Additive Bid #2). The Contract Price of the awarded Contract is: Two Million Nine Hundred Ninety Thousand Six Hundred Thirty Dollars 2,990,630). [1] Unexecuted counterparts of the Contract Documents (except Specifications and Drawings). Accompany this Notice of Award. [3] Sets of the Contract Documents, Specifications, and Drawings will be provided to the Contractor at the Pre-Construction meeting. [1] Copy of the fully executed Contract Documents, Specifications, and Drawings will be provided to the Contractor in electronic portable document format (PDF). You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: 1. Deliver to Owner [1] counterparts of the Agreement, fully executed by Bidder. 2. Deliver with the executed Agreement(s) the Contract security [e.g., performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6. 3. Certifications of Representation and IRS Form W-9 4. Funding Agency Forms: DBE Six Good Faith Efforts and Form, Certification Regarding Lobbying, and Prime/Sub-Contractor Data Sheet(s). Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: By: Signature: Title: Copy: Engineer EJCDC® C-510, Notice of Award (Modified). Page 1 of 1 Council Business Meeting March 0: Award of Professional Services Contracts for Construction Support Title: Services for the Park Estates and Terrace Street Pump Station Improvements From: Paula Brown Public Works Director Paula. Brown(a-)-ashland. or.us Kevin Caldwell Senior Project Manager Kevin. Caldwell(a-D-ashland.or.us Summary: Before the Council is the award of contracts for professional engineering services with Keller Associates. The contracts are for phase three, construction support services, associated with the Park Estates and Terrace Street pump station improvements. Council previously awarded preliminary engineering (February 21, 2017) and final engineering (June 20, 2017) contracts to Keller Associates for these projects. Those phases are complete and staff is preparing to begin construction of both facilities. In addition to these professional engineering services, under separate action, staff is also requesting award of the construction contract with McClure and Sons Inc. at this evening's business meeting. Actions, Options, or Potential Motions: For improved tracking in order to facilitate the loan reimbursement process with the Infrastructure Finance Authority (IFA), staff has separated the Keller Associates contracts; necessitating two council actions, one for each of the two projects: 1) Move to approve a professional services contract with Keller Associates in the amount of $118,797 for construction support services associated with Park Estates pump station improvements. 2) Move to approve a professional services contract with Keller Associates in the amount of $97,380.00 for construction support services associated with Terrace St. pump station improvements. The option, should Council elect not to move forward with Keller Associates, is to release a separate request for proposals for construction services. This process would take at least 60-90 days and would require getting a new consultant up to speed and likely put staff in a difficult situation of either delaying construction or potentially missing submittal details as the construction contract begins. In addition, as Keller Associates is the "engineer of record" it is their responsibility to ensure the design parameters are met during construction. Page Iof3 CITY OF -ASHLAND Staff Recommendation: Staff recommends Council award the professional services contracts with Keller Associates for construction support for Park Estates and Terrace Street Pump Station Improvements. The construction support service contracts for both pump stations include general support to the City for construction project supervision, monthly progress reports, construction observation for conformance, review and approval of various contractor submittals, requests for information, review/approval of as-builts and the operations and maintenance manual. This contract provides assistance to the City to ensure the contract drawings and specifications are met by the construction contractor and that all of the detailed submittals are correct. In addition, the consultant will provide inspection services at key points in the construction and support to the City for inspection and any necessary change orders. Staff will retain daily inspection responsibilities and general construction contract management, but due to the specialty mechanical requirements of the pump stations, not having a consultant for this specialty work would place the City at risk. Resource Requirements: Funds to complete the project are allocated in the current biennium. The biennium budget has $3,570,000 for the pump stations and pretreatment for the City's use of the Talent Irrigation District (TID) raw water. At the November 21, 2017, Business Meeting, Council approved an increase in the current IFA Loan to cover costs associated with the pump station improvements. The City has a low interest loan from the IFA with $1,924,555 remaining to fund the construction of the Terrace Street and Park Estates pump stations. This funding must be expensed by October 19, 2019, in order to stay in compliance with the loan requirements. The remaining monies required to cover project expenses will come from the appropriations granted in the water supply and distribution budgets. The negotiated costs for the Keller Associates construction support service contracts on a time and materials not to exceed amount, per task are as follows: 1. Construction support service Park Estates Pump Station $118,797 2. Construction support service Terrace Street Pump Station $97,380 Total $216177 Policies, Plans and Goals Supported: The projects presented above represent the development and subsequent Council approval of the 2012 Comprehensive Water Master Plan Update. The water master plan update was the culmination of a multi-year effort between Carollo Engineers, Ashland Water Advisory Committee (AWAC) and city staff. Council Goals: 4. Evaluate real property and facility assets to strategically support city mission and goals. 22. Prepare for the impact of climate change on the community. Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs Page 2 of 3 CITY OF ASHLAND • Deliver timely life-cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and financial resources Backl4round and Additional Information: The preliminary design and final engineering contracts for the Terrace Street and Park Estates Pump Station improvements were awarded to Keller Associates by the Council. Both of those phases are complete and staff is prepared to move into the construction phase if approved by Council. The construction support service contracts for both pump stations include general project management, monthly progress reports, construction observation for conformance, review and approval of various contractor submittals and requests for information, and review/approval of as-builts and the operations and maintenance manual. As required by the IFA staff has forwarded all contract and scope documents to the City's regional loan coordinator for review and approval. The regional coordinator has approved all contract and scope documents referenced as attachments to this staff report. Attachments: 1. Keller Associates Park Estates Pump Station Construction Phase Contract 2. Keller Associates Terrace Street Pump Station Construction Phase Contract Reference Links: 1. February 21, 2017 Council meeting authorizing Preliminary Engineering 2. June 20. 2017 Council meeting authorizing Final Engineering Page 3of3 CITY OF -ASHLAND Contract for PERSONAL SERVICES CITY OF CONSULTANT: Keller Associates Inc. ASHLAND CONTACT: James Bledsoe, P.E. 20 East Main Street Ashland, Oregon 97520 ADDRESS: 131 SW 61 Ave, Suite A Telephone: 5411488-6002 Meridian, Idaho 83642 Fax: 54114885311 TELEPHONE: 208-288-1992 i I DATE AGREEMENT PREPARED: December 28,2017 FAX: 208-288-1999 BEGINNING DATE: March 20, 2018 Or when executed b C' Counci COMPLETION DATE: October 19, 2019 COMPENSATION: Not to exceed $118,797.00 SERVICES TO BE PROVIDED: Construction Phase services necessary for the replacement of the Park Estates Pump Station. See attached "Exhibit D" for scope of work, budget and.schedule. The Consultant shall perform the work using the standards of care, skill and diligence normally provided by a professional in the performance of such services in respect to similar work and shall comply will all applicable codes and standards. Consultant shall sign and abide by the attached "Exhibit C": Contract Clauses for contracts with Professional Services Contractors for projects funded by Safe Drinking Water financing. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contact documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions win be subordinate to and Interpreted In a manner thatwill not conflict with the said primary City of Ashland Contract. Work under this contrecfIs fundedby fhe federel Safe Drinking Wafer ' Revolving Loan Fund through BusinessO on ends partnership of Local and/or Private Funds. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan far utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is Mir and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings! Recitations. The findings and recitations set forth above are true and correct and are incorporated herein . by this reference. 2. All Costs-by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for-the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-Ike manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the Invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shalt be the property of city. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 afe made part of this contract 8. Living Wage Requirements: If the amount of this contract is $20,142.20 or more, Consultant is required to comply, with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend indemnify and save City, its officers, employees and agents harmless Contract for Personal Services, Revised 06102/2015, Page 1 of 9 i from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature to the extent the harm caused arises out of the negligent acts, or errors, or omissions in performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, or proximately caused by the negligence of City. 10. Termination: a. Mutual Consent This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing i and delivered by certified mail or In person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of, j written notice to Consultant, or at such later date as may be established by City under any of the following conditions: I. If City funding from federal, state; county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ' ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way " . that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. I. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or In any extension thereof. III I. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-fn-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract Consultant is a subject employer that will comply with ORS 656.017. 12. Assignmentand"Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without thewritten consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an 'action for relief in bankruptcy or has instituted against it an action forinsolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rightsin, or delegate duties under, the Contract 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Workers Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Z'OQO Oplf for each claim, incident or occurrence. This is to cover damages caused b error, omission or Contract for Personal Services, Revised 06/0212015, Page 2 of 9 negligent acts related to the professional services to be provided under this contract c. General Liability insurance with a combined single limit, or the equivalent, of not less than 2 oAb Ulld for each occurrence for Bodily Injury and Properly Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1.000,000, for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or chance. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract The consultant's insurance is primary and non-contributory. As evidence of the Insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entifies are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract In the event City has insufficient appropriations,. limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contract for Personal Services, Revised 06/0212015, Page 3 of 9 j i onsultant / City of Ashland i By ~ - ~ By I Signat a City Administrator Weo T• L , N4 Print Name Print Name _ Prt.di, n ~~f Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. r E Contract for Personal Services, Revised 06/02/2015, Page 4 of 9 i EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with local professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. X (2) Commercial advertising or business cards or a trade association membership are purchased for the business. X (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. C (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. • / L 1N/~ Contractor ate) Contract for Personal Services, Revised 06/02/2015, Page 5 of 9 i CITY • . OREGON EXHIBIT B City of Ashland LIVING WAGE per:l~ou~et~e~tive Juner30~' i NNW (Increases; nnuall every;Jur~e,:30".fi the' ` `Consumers rce:l a " " - ....:~::....,-;..,11.41. X~.` (III/_® _ _ •.t i. K::i?~"_ :`L`::n,+„s`:`.; :,'.t:.'l~'r,.`.~;l:C.;:. portion of business of their 401K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: 'Employee' does not employer and the City of $20,283.20. include temporary or parl-time Ashland if the contract employees hired for less than exceeds $20,283.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland Including the Parks month period. For more and Recreation Department details on applicability of this m onth If the employee spends policy, please see Ashland 50% or more of the ➢ In calculating the'living-wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CI'T'Y OF ASHLAND. Contract for Personal Services, Revised 06102/2015, Page 6 of 9 1. I. "DIHIBITC" j Contract Clauses for contracts with Professional Services Contractors for projects funded by Safe Drinking Water financing i .r SAM Registration and DUNS number are required for all entitles that enter into direct contractswith the i recipients of Safe Drinking Water Revolving Loan funds r SAM Registration: http://ww.sam.gov/portal/public/SAM/ DUNS Number NOTE: The SAM registration expires annually and must be kept active 838285500 until the SDWRUF project is dosed Keller and Associates Language to be included verbatim in contracts according to any accompanying instructions 1. Source of Funds Work under this contract is funded by the federal Safe Drinking Water Revolving Loan Fund through the Oregon Business Development Department and a partnership of Local and/or Private Funds. Whistleblower (language to be included in all construction contracts and subcontracts) "Contractor receiving SDWRLF funds shall under or through this contract to, post notice of the rights and remedies provided to whistleblowers under No FearAct Pub. L.107-174.29 CFR § 1614.703 (d)." 3 Non Discrimination "The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable-requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies." 4. Termination for Cause and for Convenience & Breach of Contract (language to be included in all construction contracts and subcontracts-in excess of $10,000:) "Contractor shall address termination for cause and for convenience, including the manner by which it will be effected and the basis for settlement. In addition, contractor shall address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide forsuch sanctions and penalties as appropriate." Contract for Personal Services, Revised 06/0212015, Page 7 of 9 i S. Intellectual Property (language to be included in all contracts:) 1 "Contractor hereby grants to the U.S. E.P.A. a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes, any intellectual property developed under this contract Contractor shall secure from third parties the same license in the name of the U.S. E.P.A. regarding any intellectual property developed by third parties as subcontractors to perform this project, or developed under contract with the Contractor specifically to i enable Contractor's obligations related to this project" 6. Inspections; Information (language to be included in all constriction contracts and subcontracts:) "Contractor shall permit, and cause its subcontractors to allow the City ofAshlcnd, the State of Oregon, the federal government and any party designated by them to: (1) Examine, visit and inspect, at any and all reasonable times, the property, if any, constituting the Project. (2) Inspect and make copies of any accounts, books and records, including, without limitation, its records regarding receipts, disbursement, contracts, and any other matters relating to the Project, and to its financial standing, and shall supply such reports and information as reasonably requested. (3) Interview any officer or employee of the Contractor, or its subcontractors, regarding the Project. Contractor shall retain all records related to the Project for three years after final payments are made and any pending matters are closed." 7. Environmental and Natural Resource Laws (include the following language in all contracts and subcontracts in excess of $100,000:) "Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). 8. Procurement of Recovered Materials (include the following language in all contracts and subcontracts in excess of $10,000:) "Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, including procurement of recovered materials in a manner designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247." 9. ProhibiNon-on the Use of Federal Funds for Lobbying (Certification Regarding Lobbying form follows, for any contracts in excess of $100,000) (form follows) CERnRCATION REGARDING LOBBYING (Awards to Contractors and Subcontractors in excess of $100,000) The undersigned certifies, to the best of his or her knowledge and belief, that: Contract for Personal Services, Revised 0610212015, Page 8 of 9 (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction) was made or entered into. Submission of this certification is a prerequisite for making or, entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed Title Date Contract for Personal Services, Revised 06/02/2015, Page 9 of 9 I r EXHIBIT D associates PARK ESTATES PUMP STATION REPLACEMENT- SCOPE OF WORK Date: December 27, 2017 Owner: City of Ashland Engineer: Keller Associates, Inc. Project Number: 2015-31(KA# 217003-000) Project Name: Park Estates Pump Station Replacement BACKGROUND & SCOPE MODIFICATIONS The City desires assistance with managing and overseeing the construction of the the Park Estates Pump Station Replacement Project. The City intends to replace the existing pump station before March 1, 2019. Design and bidding services were completed under a separate contract. Construction phase services to be completed by the Consultant are described below. Task 1-Project Management and Meetings Consultant Responsibilities: 1.1 Provide general project management for this task, including contract administration, monthly invoicing, progress reports, and internal project administration. Progress reports will describe services completed for each task, and identify needs for additional information, reviews, or changes to the scope and budget (if applicable). 1.2 Develop and maintain project schedule and budget 13 Provide Consultant's MBE/WME reporting forms to City. Provide funding assistance as it pertains to Consultant services. All other funding administration services, including wage certification to be provided by the City. 1.4 Maintain SharePoint site for storing approved submittals, change orders, field orders, pay requests, and meeting minutes. Assumptions: 1.5 City to-provide forum for meetings. 1.G Project management budget is based on a project duration from April 2018 through March 1, 2019. 1.7 Project will be funded with Infrastructure Finance Authority (IFA) funding. Funding administration services will be provided-by others. - , EngineecRg Solutions, Satisfied:Cllen„ts Bend • Clarkston • IdaM Falls = Meridian • Pocatello*- Rock Sminds • Roseville • Salem I Attachment A -Scope of Work Task 2 - Construction Phase Services Consultant Responsibilities: 2.1 Construction Administration a. Provide monthly construction reports. b. Conduct preconstruction conference. c. Review contractor submittals. d. Review storm water pollution prevention plans and traffic control plans prepared by the contractor. e. Respond to Requests for Information (RFIs). f. Issue construction field orders and prepare construction change orders for execution by City. g. Perform substantial completion review and prepare punchlist Participate in pump station startup and commissioning. Provide final inspection to check that punchlist items have been completed. h. Review contractor pay requests and make recommendation of payment to City. 1. Review and approve record drawings (as-builts) prepared by contractor. j. Review and approve 0&M manual prepared by contractor. k. Design engineer will participate in up to fifteen (15) construction meetings that will be chaired by the City. Participation is anticipated to occur via conference call, with approximately eight (8) onsite meetings to be coordinated with onsite visits during meaningful construction activities. 2.2 Construction Observation a. The City intends to provide periodic construction observation during construction and keep the Consultant Informed on construction activities by sharing progress photos and reporting observed construction activities and concerns. The Consultant will be available to make supplemental inspections when meaningful construction activities are occurring. These visits are to generally observe the progress of construction and endeavor to protect the interests of the City. The contractor is responsible for the means, methods, and jobsite safety, and is solely responsible for completing the construction in accordance with the contract documents. For budgeting purposes, the Consultant has assumed 40 hours per month during the active construction period. City Responsibilities: 2.3 Provide periodic construction observation and construction management support services. Review and approve pay applications, schedules, participate in construction meetings, review and approve change orders. 2.4 Pay for fees associated with construction document management system such as FADOC. 2.5 Locate utilities for surveying and construction. 2.6 Coordinate and execute temporary process and electrical shut downs, potential draining and refilling of reservoir, and reservoir disinfection. 2.7 Participate in startup and operator training by contractor and manufacturers. Assumptions: 217003-000/a_ADMIN_CONTRACr Page 2 Attachment A-Scope of Work 2.8 SCADA system integration services will be provided by others. 2.9 For budgeting purposes, it is assumed that there will be one general contractor and that work will occur over a ten-month construction period with active construction over 16 weeks. It is assumed that the active period of construction for Park Estates and Terrace Streetwill not overlap. 2.10 Completing construction grade staking, material testing, and specialty inspections for construction will be the responsibility of the contractor. Deliverables: 2.11 Construction meeting agendas and minutes; approved submittals; 0&M manual (three hard copies,1 PDF); punchlist; substantial and final completion documentation. Task 3 -Additional Services Consultant shall complete other additional services listed below: 3.1 Additional services as required by the City of Ashland in performance of approved scope of services (i.e. support services from a local arborist). These services are to be completed as authorized by City staff. 3.2 Utilize the services of Applied Geotechnical Engineering and Geologic Consulting LLCto provide summary documentation of contractor activities and suitability of work at the job site as it relates to the soil nail wall and associated grading. This is anticipated to include intermittent observation and evaluation of 1) installation/grouting of the soil nails, 2) testing of the soil nails, 3) Installation of wall drainage, and 4) site grades for the cut slope. Budget assumes Installation of the soll nail wall will take about 2 weeks to complete. SCHEDULE Construction administration and observation activities are expected to begin April 2018 and continue until March 1, 2019. COMPENSATION SCHEDULE Consultant will complete the services for the amounts indicated below. Time and materials budgets will be completed per the current title code billing rates. While the Individual task amounts may be exceeded, the total budget will not be exceeded without prior approval-from the City. F 7aS)CR,esctjpIQt♦k~. ts.'aaSYR,f.`?.SL. : x x " F.>.! d,?'t:a'~ ~CO[imjenSdUDD..i. yx Project Management and Meetings $6,475 ?P,`:12 ! ; 'Construction Phase Services $93,793 Additional Services $1&,530 Total $118,797 217003-000/a ADMIN CONTRACT Page 3 ' City of Ashland Last Updated: 12272017 Park Estates Pump Station Engineer Fee Estimate ~ i in " 1 r k 1 1< A' ~ a F54~ t ~.~b H 5, ~ ~ 4 rf•c yY FSP11:"'d an am k,'+ ...,_.j?~. 9 Vt rata.. EYU u. oryl a.✓ a ,:-.'sue , T'.'d7 1 eY" lild M 1.7 Goners P )JeMAd 2 g "N 42.125 12 RoJeU butlgalfachadule updates 4 4 $70 1.3 MBENVME repotting forms 8 8 14 $1,910 1.4 SharePalnl site maintenance 4 4 8 16 $1700 Task To 2 23 0 D 0 0 2 a 46 48,475 IIeCp r„ da9lNalbmPh as 6N 0141p .III JBLlndil'.R4 '^'i a,.* '1T dL"{Fi..rl a Y a 4'444"kI l , is w d1 oh1LV^F31f h l,R Ia110F1011 tM1 P C B3 i'NE11 d mV' Fif196S'd'el„A'aM'h'7YFYrI N, 2.1e Monlniypmgressrepoda 2 a 8 1 19 $21280 2.1b Preconsinrc0on meeting 6 6 1 $ 40D 11 $2,046 2.1c Submittal ReMews 2 4 B 8 18 40 3 81 $10,100 2.1d SWPP mid traffic control renew 2A 2 $312 2.1a RRs 2 1 5 5 18 78 2 47 $6,886 2.1f Reid orders and change orders 2 1 4 4 16 a 36 $4,740 2.19 Substan$ai7flnaiandstadup e B 8 32 18 1 $ 400 73 $10,230 2.1h Payre4uests 1 8 1 10 $1,285 211 Record dmwings 1 6 4 1 11 $1,305 2.1] O&M Manuel 4 4 4 B 24 2 46 $6,580 2.1k Meetings (16 total, 8 onslte) 30 122 4 $ 3,200 158 $24,880 22 Cenatmc0on observation 4 B 8 32 160 1600 212 $26020 Task Total 0 68 6 37 3].00 2624 68 15 684 503,782 iYY.1 tlna0e entreii9 vzu:¢gi~*-TYf'A4^ T",! a~ TW IPP:: w F ~:~t,. Ira N'~, rn "FemBr- r lau.'3.1 Management reserve $ 10,000 3,000 10 3.2 suppott 2 12 $ 8600 8530 ask oral 0 2 D 0 D 2 0 0 $18,630 f :I6ki 15, &21W 7,}.gNIIQOY ^C" vm Jr: -1 ~n.a 'B •y?f ILJ Auy:, v~d'.nr 6.54W8,."..'.'_an,Ygx9 TWaI 2 B 37 37.00 2]4A 260 23 $118787 TOTAL POST $118,797 JMM3 A,ISana Pedt EdSW PSW-Adrd .C~.scorsaudmnwt,IJ+arplewesemobyon: I 11S Pa,270.=17tlu 1of1 Form Request for Taxpayer Give Form to the (Rev. November 2017) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Keller Associates, Inc. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal lax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see a instructions on page 3): o 11 Individual/sole proprietor or El C Corporation ❑ S Corporation ❑ Partnership El Trust/estate of single-member LLC Exempt payee code (if any) xu c ao ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► o Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting c in LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code (f any) Sr_ - another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that d is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► vpph.s xo a ft ~ W.W-d o se. ti US) In 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) Cn 131 SW 5th Ave, Ste A 6 City, state. and ZIP code Meridian ID 83642 7 List account number(s) here (optional) RiULU Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (S . However, for a m - resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other - entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer Identification number Number To Give the Requester for guidelines on whose number to enter. M45 - 0 5 7 4 2 2 7 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) 1 am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11. later. Sign Signature of Here U.S. person ► - Date ► ` General Instructio • Form 1099-DIV (dividends, including those from stocks or mutual f funds) Section references are to the Internal Revenue Code unless of erwise • Form 1099-MISC (various types of income, prizes, awards, or gross noted. proceeds) Future developments. For the latest information about developments . Form 1099-B (stock or mutual fund sales and certain other related to Form W-9 and its instructions, such as legislation enacted transactions by brokers) after they were published, go to www.irs.gov/FormW9. • Form 1099-S (proceeds from real estate transactions) Purpose of Form • Form 1099-K (merchant card and third party network transactions) An individual or entity (Form W-9 requester) who is required to file an • Form 1098 (home mortgage interest), 1098-E (student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T (tuition) identification number (TIN) which may be your social security number • Form 1099-C (canceled debt) (SSN), individual taxpayer identification number (ITIN), adoption • Form 1099-A (acquisition or abandonment of secured property) taxpayer identification number (ATIN), or employer identification number Use Form W-9 only if you are a U.S. person (including a resident (EIN), to report on an information return the amount paid to you, or other alien), to provide your correct TIN. amount reportable on an information return. Examples of information returns include, but are not limited to, the following. If you do not return Form W-9 to the requester with a TIN, you might • Form 1099-INT (interest earned or paid) be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 11-2017) KELLASS-01 JYEB DATE CERTIFICATE OF LIABILITY INSURANCE 1210'2101/201120 7 117 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poticy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, so"' to-the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri his to the certificate holder In lieu of such endorsements . PRODUCER CAM CT The Hartwel gpgl Corporation IC Nd, Eft (208 469-1676 FAX PO Box arc Nd:(208) 454-1114 Caldwell, ID 83606 EMAIL.thc@thehartwelico!p.com INSURERS AFFORDING COVERAGE NAICg INSURERA:Travelersi.4, CoofAm. 25658 INSURED INsuNERs:TravelersIndemnity Co 25666 Keller Associates, Inc. INSURER c: Travelers Casual and Sure 31194 131 Me SW 5th Ave, Ste A Meridian, ID 83642 TNsuRER o:XL Specialty Insurance Co. 37885 INSURER E: WSDRER F' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF WSURANCE ADD WEIR PoLICYNUMeER P000 EFF POUCYEXP LIARS jifl. A X COMMERCIAL GENERAL UABIIIrY EACH OCCURRENCE $ 1,000,000 CLNMSMADE IX OCCUR X 680.41-1953952 1210112017 1210112018 DAMMGETO RENTED g 1,000,000 X CGD381 MFD EXP A erre n 10,000 PERSONALSADVINJURY 1,000,000 GENLAGGREGATE UMITAPPLIES PER GENERAL- G REGATE g 2,000,000 POLICY LOC PRODUCTS-COMP/OPAGG 2,000,000 OTHER: B E AUTOMOBRE LV1BIllTY COMBINED SINGLE DMR $ 1,000,000 X ANY AUTO X BA-7877L468 12/01/2017 12/0112018 BODILY IwURY per on g OWNED SCHECULED AUT~~O~~S ONLY AS ~p BOROILYIWURY racddent S AIRO,S ONLY AUTOS ONLY PFieDram~rll AMAGE $ g B UMBRELLA LIAR X OCCUR EACH OCCURRENCE g 5,000,000 X EXCESS Me =MS-MADE CUP-8961X179 1210112017 1210112018 AGGREGATE g DED X RETENTION$ 10,000 5,000,000 g C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILRY STATIffF ANYPROPMETOWARTNER/EXECUTNE YIN UB-BJ144072 1210112017 1210112018 E.L EACH ACCIDENT g 1,000,000 FNJ 9FFIC endato iD NNERIMEM°FR7EXCLUDED? NIA 000 EL DISEASE-EA EM OVE 1,000,000 Ryes, Oescdba.under D SCRIPT ION OF OPERATIONS t,ebw ELDISEASE-POUCYUMM g 1,000,000 D ProfesslonaTLlabIII DPR9919947 1210112017 1210112018 Each Claim 2,000,000 D $150,000 deductible OPR9919947 1210112D1711210112018 Aggregate 4,000,000 DESCMP70NOFOPEI MONSIWMMONSIVENICLES IACCRDM,AdtlMonal Re.m ScheEale may 4e eHaUetl irmdre spazok mqulred) City of Ashland, Oregon, and Its elected officials, officers and employees are add)tional Insureds for-general liability as provided by policy form CGD381. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cily'of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORRED REIRtESENTATNE 9a ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i COMMERCIAL GENERAL- LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED- (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II - WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance" to include as completed operations hazard" unless the an additional insured on this Coverage Part, but "written contract requiring insurance" . specifically requires you to provide such a. Only with respect to liability for "bodily injury", coverage for that additional insured, and then "property damage" or "personal injury; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage" that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of 'your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. o icY period, whichever r ' Y P is earlier. The person or organization does not quality as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION Iv - COMMERCIAL GENERAL o. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization; or The insurance provided to the additional insured d. For "bodily injury'. "property damage" or is excess over any valid and collectible other "personal injury for which such person or insurance, whether primary, excess, contingent or organization has assumed liability in a on any other basis, that is available to the contract or agreement. additional insured fora loss we cover. However, if you specifically agree in the "written contrail The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional- insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and any person or organization for which non-contributory basis, this insurance is primary coverage as an additional -insured specifically to other insurance available to the additional coverage by another endorsement i this insured which covers that person or organizations Coverage Part as a named insured for such loss, and we will not share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to render any which coverage is-sought-occurs; and "professional services". (2) The "personal injury for which coverage is g. In the event that the Limits of insurance of the sought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits ofliability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance-provided insurance provided to the additional-insured to the additional insured still is excess over valid shall be limited to the limits of-liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement- does not increase the available to the additional insured when that limits of insurance described in Section III - person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 ® 2015 The Travelers Indemnity Company. All dghts reserved. Page 1 of 2 Includes the copyrighted material of Insurance SeMces ORca, Inc., with Its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4, The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION N - COMMERCIAL GENERAL "Written contrail requiring insurance" means that LIABILITY CONDITIONS: _ part of any written contract under which We waive any right ht of recovery we may have you are Y g Y required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury' and " ro e damage" or "personal injury" arising out of your damage" occurs and the "personal injury p is work" performed by you, or on your behalf, done under a "written contract requiring insurance" with caused by an offense committed: that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. .property damage" occurs, or the "personal injury' offense is committed. dr Page 2 of 2 ® 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services office, Inc., with its permission COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modes insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.S., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV - BUSINESS AUTO Is An Insured, of SECTION 11 - COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and Any persorr or organization who is required under paragraph d. of this part 5. Other Insurance, this a written contract or agreement between you and insurance is primary to and non-contributory with that person or organization, that is signed and applicable other insurance under which an add!- executed by you before the "bodily injury" or tionai insured person or organization is the first property damage" occurs and that is in effect named insured when the written contract or during the policy period, to be named as an addi- agreement between you and that person or or- tional insured is an "insured" for Covered Autos ganization, that is signed and executed b Liability Coverage, but only for damages to which y You this insurance applies and only to the extent that before the "bodily injury" or "property damage" person or organization qualifies as an "insured" occurs and that is In effect during the policy pe- under the Who Is An Insured provision contained dod, requires this insurance to be primary and in SECTION 11. non-contributory. II CA T4 74 02 15 8 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. i' Contract for PERSONAL SERVICES C I T Y OF CONSULTANT: Keller Associates Inc. ASHLAND CONTACT: James Bledsoe, P.E. 20 East Main Street Ashland, Oregon 97520 ADDRESS: 131 SW-51 Ave, Suite A Telephone: 541/4B8-6002 Meridian, Idaho 83642 i.. Fax: 541/488-5311 TELEPHONE: 208-288-1992 DATE AGREEMENT PREPARED: December26 2017 FAX: 208-288-1999 BEGINNING DATE: March 20, 2018 (Or when executed b C' Council I COMPLETION DATE: October 19, 2019 COMPENSATION: Not to exceed $97,380.00 SERVICES TO BE PROVIDED: Construction Phase services necessary for the replacement of the Terrace Street Pump Station. See attached aExhibit D° for scope of work, budget and schedule. The Consultant shall perform the work using the standards of care, skill and diligence normally provided by a professional in the performance of such services in respect to similar work and shall comply will all applicable codes and standards. Consultant shall sign and abide by the attached "Exhibit C": Contract Clauses for contracts with Professional Services Contractors for projects funded by Safe Drinking Water financing. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary previsions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract Work underfhls confmcf Is funded by the federal Safe Drinking Water Revolving Loan Fund through Business Oregon anda partnership ofLocalandforPdvate Funds. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified. Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned ina skilled and worker-like manner and, if required to be registered; licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete thaservice by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of city. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract 8. Living Wage Requirements: If the amount of this contract is $20,142.20 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen b all employees. Contract for Personal Services, Revised 06102/2015, Page 1 of 9 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to ary person (including injury resulting In death), or damage (including loss or destruction) to property, of whatsoever nature to the extent the harm caused arises out of the negligent acts, or errors, or omissions in performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, or proximately caused by the negligence of City. i 10. Termination: a. Mutual Consent This contract may be terminated at any time by mutual consent of both_par ies. j b. City s Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: I. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; Ft. If federal or state regulations or guidelines are modified, changed, or interpreted In such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or ; iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. I. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as i the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. it. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract City by written notice to Consultant of default or breach may at any time terminate ! the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract i e. Obltgation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such j termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract Consultant shall provide workers' compensation coverage as required in ORS Ch 666 for all persons employed to perform work pursuant to this contract Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultantshail not assign this contractor subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract withoutwriften consent-of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them,and the approval by City of any assignment or subcontractshall not create any contractual relation between-the assignee or subcontractor and City. 13. Default The Consultant shall bean default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; Its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a Qi4F if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefd of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liabil' insurance with a combined single limit, or the equivalent, of not less than i Contract for Personal Services, Revised 0 6/0 212 0 1 5, Page 2 of 9 I 2'000 OOU for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than 2'6616 `Obb for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,0011,000 , for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without30 days' written notice from the Consultant or its insurer(s) to the City. t Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultants services to be provided under this Contract. The consultants insurance is primary and noncontributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entifies are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc, shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE1SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriatioms Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable'administrative discretion, to continue to make payments under this contract In the event City has insufficientappropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contract for Personal Services, Revised 0610212015, Page 3 of 9 Consultant: City of Ashland By !T4" 7• By Signa re City Administrator ~,oD T. Lit47A Print Name Print Name PIZ t ~ b eK Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, Revised 06/0212015, Page 4 of 9 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with local professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. ~c (2) Commercial advertising or business cards or a trade association membership are purchased for the business. X (3) Telephone listing is used for the business separate from the personal residence listing. >f (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. -F-4 7, - ? / J2- /?,a i Contractor (D te) Contract for Personal Services, Revised 06102/2015, Page 5 of 9 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE per lhour eftfectrKe Jppe 30, 2016 `(Inc~eases~annua~ly every ~Julne 30 by ~~te Cons141snlerr~ce Index) portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by ➢ For all houqwor~dunde~rr assistance for the project or the employee. business service contract between their from the City of employer and the City of Ashland in excess of ➢ Note: "Employee does not Ashland r the contract $20,28320. include temporary or part-time employees hired for less than exceeds $20,28320 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For month all hours employee spends and Recreation Department details on applicability of this policy, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal Code Section employee's time In that month employers may add the value 3.12.020. working on a project or of health care, retirement, additional For Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Personal Services, Revised 0810212015, Page 6 of 9 I "EXHIBIT C' Contract Clauses for contracts with Professional Services Contractors for projects funded by Safe Drinking Water financing SAM Registration and DUNS number are required for all entities that enter Into direct contracts with the recipients of Safe Drinking Water Revolving Loan funds SAM Registration: http://ww.sam.rov/portal/public/SAM1 DUNSNumber NOTE: The SAM registration expires annually and must be kept active 838285500 until the SDWRLF project is closed Keller and Associates Language to be Included verbatim in contracts according to any accompanying instructions L Source of Funds Work under this contract is funded by the federal Safe Drinking Water Revolving Loan Fund through the Oregon Business Development Department and a partnership of Local and/or Private Funds, Whistleblower (language to be included in all construction contracts and subcontracts) "Contractor receiving SDWRLF funds shall under or through this contract to, post notice of the rights and remedies provided to whistleblowers under No Fear Act Pub. L 107-174.29 CFR § 1614.703 (d)." 3 Non Discrimination "The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contractor other legally available remedies." 4. Termination for Cause and for Convenience & Breach of Contract (language to be included in all construction contracts and subcontracts in excess of $10,000:) "Contractor shall address termination for cause and for convenience, including the manner by which it will be effected and the basisfor settlement. In addition, contractor shall address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate" Contract for Personal Services, Revised 0610212015, Page 7 of 9 i 5. Intellectual Property (language to be included in all contracts:) "Contractor hereby grants to the U.S. E.P.A. a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes, any intellectual property developed under this contract. Contractor shall secure from third parties the same license In the name of the U.S. E.P.A. regarding any intellectual property developed by third parties as subcontractors to perform this project, or developed under contract with the Contractor specifically to enable Contractors obligations related to this project." . 6. Inspections; Information (language to be included in all construction contracts and subcontracts:) "Contractor shall permit, and cause its subcontractors to allow the City of Ashland, the State of Oregon, the federal government and any party designated by them to: (1) Examine, visit and inspect, at any and all reasonable times, the property, if any, constituting the Project. (2) Inspect and make copies of any accounts, books and records, Including, without limitation, its records regarding receipts, disbursement, contracts, and any other matters relating to the Project, and to its financial standing, and shall supply such reports and information as reasonably requested. (3) Interview any officer or employee of the Contractor, or its subcontractors, regarding the Project. Contractor shall retain all records related to the Project for three years after final payments are made and any pending matters are closed." 7. Environmental and Natural Resource Laws (include the following language in all contracts and subcontracts In excess of $100,000:) "Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean AirAct (42 U.S.C. 1857th)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). 8. Procurement of Recovered Materials (include the following language in all contracts and subcontracts in excess of $10,000:) "Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, including procurement of recovered materials in a manner designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247." 9. Prohibition on the Use of Federal Funds for Lobbying (Certification Regarding Lobbying form follows, for any contracts in excess of $100,000) (form follows) CERTIFIcA11ON REGARDING LOBBYING (Awards to Contractors and Subcontractors in excess of $100,000) The undersigned certifies, to the best of his or her knowledge and belief, that: Contract for Personal Services, Revised 06/0212015, Page 8 of 9 i (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed Title pQEr,°6T Date Contract for Personal Services, Revised 06/0212015, Page 9 of 9 i F EXHIBIT D - ~t- KELL associates TERRACE STREET PUMP STATION REPLACEMENT-SCOPE OF WORK Date: December 27, 2017 Owner: City of Ashland Engineer: Keller Associates, Inc. Project Number. 2015-31(KA# 217003-000) Project Name: Terrace Pump Station Upgrade BACKGROUND &SCOPE MODIFICATIONS The City desires assistance with managing and overseeing the construction of the Park Estates Pump Station Replacement Project The City intends to replace the existing pump station before March 1, 2019. Design and bidding services were completed under a separate contract. Construction phase services to be completed by the Consultant are described below. Task 1- Project Management and Meetings Consultant Responsibilities: 1.1 Provide general project management for this task, including contract administration, monthly invoicing, progress reports, and internal project administration. Progress reports will describe services completed for each task, and identify needs for additional information, reviews, or changes to the scope and budget (if applicable). 1.2 Develop and maintain project schedule and budget. 1.3 Provide Consultants MBE/WME reporting forms to City. Provide funding assistance as it pertains to Consultant services. All otherfunding administration services, includingwage certification to be provided by the City. 1.4 Maintain SharePoint site forstoring approved submittals, change orders, field-orders, pay requests, and meeting minutes. Assumptions: 1.5 City to provide forum for meetings. 1.6 Project management budget is based on a project duration from April 2018 through march. 1, 2019. 1.7 Project will be funded'with Infrastructure Finance Authority (IFA) funding. Funding administration services will be provided by others. En (.neeri n So utions Satisfie Clien 9 9., 1. d _ 'Bend • Clarkston • Idaho Falls Meddlan • PomWd Rock Soilnas • Rosevilla • Salem' is Attachment A-Scope of Work Task 2-Construction Phase Services L.. Consultant Responsibilities: I i 2.1 Construction Administration a. Provide monthly construction reports. b. Conduct preconstruction conference. c. Review contractor submittals. d. Review storm water pollution prevention plans and traffic control plans prepared by the contractor. e. Respond to Requests for Information (RFls). f. Issue construction field orders and prepare construction change orders for execution by City. g. Perform substantial completion review and prepare punchlist. Participate in pump station startup and commissioning. Provide final inspection to check that punchlist items have been completed. h. Review contractor pay requests and make recommendation of payment to City. I. Review and approve record drawings (as-builts) prepared by contractor. j. Review and approve O&M manual prepared by contractor. k. Design engineer will participate in up to twelve (12) construction meetings that will be chaired by the City. Participation is anticipated to occur via conference call, with approximately six (6) onsite meetings to be coordinated with onsite visits during meaningful construction activities. i 2.2 Construction Observation a. The City intends to provide periodic construction observation during construction and keep the Consultant informed on construction activities by sharing progress photos and reporting observed construction activities and concerns. The Consultant will be available to make supplemental inspections when meaningful construction activities are occurring. These visits are to generally observe the progress of construction and endeavor to protect the interests of the City. The contractor is responsible for the means, methods, and jobsite safety, and Is solely responsible for completing the construction in accordance with the contract documents. For budgeting purposes, the Consultant has assumed 40 hours per month during the active construction period. City Responsibilities: 23 Provide periodic construction observation and construction management support services. Review and .approve pay applications, schedules; participate in construction meetings, review and approve change orders. 2.4 Pay for fees associated with construction document management system such as EADOC. 2.5 Locate utilities for surveying and construction. 2.6 Coordinate and execute temporary process and electrical shut downs, potential draining and refilling of reservoir, and reservoir disinfection. 2.7 Participate in startup. and operator training by contractor and manufacturers 1 Assumptions: 217003-000/a ADMIN_COMR4Cr Page 2 Attachment A-Scope of Work 2.8 SCADA system integration services will be provided by others. 2.9 For budgeting purposes, it Is assumed that there will be one general contractor and that work will occur over aten-month construction period with active construction over 16 weeks. It is assumed that the active period of construction for Park Estates and Terrace Street will not overlap. 2.10 Completing construction grade staking, material testing, and specialty inspections for construction will be the responsibility of the contractor. Deliverables: 2.11 Construction meeting agendas and minutes; approved submittals; 0&M manual (three hard copies, 1 PDF); punchlist; substantial and final completion documentation. Task 3 -Terrace Street Pump Station, Additional Services Consultant shall complete other additional services listed below: 3.1 Additional services as required by the City of Ashland in performance of approved scope of services. These services are to be completed as authorized by City staff. SCHEDULE Construction administration and observation activities are expected to begin April 2018 and continue until March 1, 2019. COMPENSATION SCHEDULE Consultant will complete the services forthe amounts indicated below. Time and materials budgets will be completed per the current title code billing rates. While the individual task amounts may be exceeded, the total budget will not be exceeded without prior approval from the City. ~25K t -~4SEFIl7tlp~x r... ' v 4 . .•e.: R.. x ~ e K } Y .?.:.`a ~ LnRIpE(15aLlpn~ ~5.. =1; Project Management and Meetings $6,475 LL t Construction Phase Services $81,905 3 ;i Additional Services $9,000 Total $97,380 217003-000/a_ADMIN CONTRACT Page3 City of Ashland Lost Updated: 121272017 Terrace Street Pump Station Engineer Fee Eaffmate fit r u y f 1. iY El a erlf t ,vq„.„ 0. s IV9.vi13 erum'FP^3 k 'mil xFt II tRP.✓MPI' $ dnr 1 .1 Oen Proles Atlmlrt 2 e 11 $2,125 12 Pmledbud9eVSChedutoupdale3 4 4 E740 1.9 MBEANME repartirtp hrrnta B B 14 81,810 1.4 ShonaPOlnt38emainlenanee 4 4 B 16 $1 700 Task TO 2 ' 23 Q 0 Q 0 2 8 `lfi $6 75 arrHsa~ M 5 111. r-s; ; q;i^., 1' :99"' 7'i514'°S M. Am I - 2.1a MonMyproetessm¢ptugs 2 8 8 1 18 32$80 2.11, Preconstrudian meeting 5 5 1 $ 400 11 $2,045 2.1c Summed Reviews 2 4 5 B 20 40 3 82 $10,165 2.1d SWPPP and bn8fa control review 2 2 $260 2.1a RFIs 2 1 4 4 8 ie 2 37 $4,840 2.11 Field orders and change orders 2 1 1 1 12 8 28 $3,275 Wit Substantial/final and startup 12 2 2 32 18 1 $ 400 65 39,080 2.1h Pay requests 1 8 1 10 $1285 2.11 Record drawln8s 1 5 4 1 11 $1,305 2.1) O&M Manual 4 2 2 12 24 2 46 $5,470 2.11; Meetings (12 total, B wage) 16 98 4 $ 2,400 118 $18,120 2.2 CmstmrJlon observation 4 8 8 24 160 $ 1600 204 523 BBO Task o 0 22 25 224 268 15 809 Set B05 r'ts.' 3 Atl adtiahSel.4(- ° '^,....r4-rsW"11i:P.73Gtl£y S'F fiia' "r. r h'?g-` i.. 3.9i'.:" 'i t'"' rw_nFIL'.n,',g LU 'qr r: F4ri":1 xV- ENO _P_I;iBlaae~l 3.1 Mara ement reserve $ B 000 38 000 Tesk Total 0 0 u 0. 0 a 0 ,000 . ; s"r. pat' . Total 2 72 8': 22 25 224 2M 23 $97,880 TOTAL COSTS $87360 I 4M1T1i004MNand Temw 6lrtatvs~c 4tlmV,LWfitredytaev LapicaudlanVWVAUdIOVtFaGVUItTemm Pe~tmeptal7ala t o11 Form Request for Taxpayer Give Form to the (Rev. November 2017) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Keller Associates, Inc. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal lax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals: see CL instructions on page 3): o E] Individual/sole proprietor or El C Corporation [a S Corporation El Partnership ❑ Trust/estate a single-member LLC Exempt payee code (if any) ai c r.L u ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► o` 2 Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting = a LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is if an another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that code ( y) a v Is disregarded from the owner should check the appropriate box for the tax classification of its owner. d ❑ Other (see instructions) I- (apps-to a ov is •wnwned wrsaa Ow U.S) o ya 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional 131 SW 5th Ave, Ste A 6 City, state, and ZIP code Meridian, ID 83642 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (S$N However, for a m - resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other - entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer Identification number Number To Give the Requester for guidelines on whose number to enter. M45 - 0 5 7 4 2 2 7 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of --I Here U.S. person ► Date ► ' - General Instructio • Form 1099-DIV (dividends, irilding those from stocks or mutual funds) Section references are to the Internal Revenue Code unless of erwise . Form 1099-MISC (various types of income, prizes, awards, or gross noted. proceeds) Future developments. For the latest information about developments • Form 1099-B (stock or mutual fund sales and certain other related to Form W-9 and its instructions, such as legislation enacted transactions by brokers) after they were published, go to www.irs.gov/FormW9. • Form 1099-S (proceeds from real estate transactions) Purpose of Form • Form 1099-K (merchant card and third party network transactions) An individual or entity (Form W-9 requester) who is required to file an • Form 1098 (home mortgage interest), 1098-E (student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T (tuition) identification number (TIN) which may be your social security number • Form 1099-C (canceled debt) (SSN), individual taxpayer identification number (ITIN), adoption • Form 1099-A (acquisition or abandonment of secured property) taxpayer identification number (ATIN), or employer identification number Use Form W-9 only if you are a U.S. person (including a resident (EIN), to report on an information return the amount paid to you, or other alien), to provide your correct TIN. amount reportable on an information return. Examples of information returns include, but are not limited to, the following. If you do not return Form W-9 to the requester with a TIN, you might • Form 1099-INT (interest earned or paid) be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 11-2017) KELLASS-01 J B DATE IMMIODNYYY) Au o CERTIFICATE OF LIABILITY INSURANCE 12/0112017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policles may require an endorsement. A statement on this certificate does not-confer rights to the certificate holder In lieu of such endorsements . PRODUCER C M CT The Hartwell Corporation PHONE FA% PO Box 400 M.N., Eat (208 459-1678 ac, No :(208) 454-1114 Caldwell, ID 83606 ' I . thc@thehartwelicorp.com INSURERS AFFORDING COVERAGE NAICO INSURER At Travelers lndemni Co of Am. 25658 INSURED. INSURERB:Travelers Indemnity Co 25666 Keller Associates, inc. INsuRER c: Travelers Casualty and Sure 31194 131 SW 6th Ave, Ste A NSURER D, XL S ectal Insurance Co. 37885 Meridian, ID 83642 NSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W TH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 INSR TYPEOFINSURANCE ADD SUB POLICY EFF POLICYEXP A X COMMERCIALGENERALUABILRY POLICYNUMBER NCE S 1,000,000 IMMID~ CLAIMS-MADE ~X occuR X 6BOdH953952 12!0112017 1210112018 TED 1,000,000 WS IMITS X CGD381 e n S 10,000 VINJURY S 1,000,000 GEN'LAGGREGATEUMrTAPPLIES PER: TE 2000,000 POl1CY T M LOC MP/O AGG 2,000,000 11 OTHER: B S AUTOMDe1LE LU1an-rry COMBINED SINGLE LIMB 1,000,000 S X ANYAVTo X TBAP7877L418 1210112017 1210112018 BODILYINJURY Per E OWNED SCHEDULED AU~pT~O~S ONLY AUU`rOSWH~p BODILY INJURY Pereoydenl S - AUT0.S ONLY AUT ONLY eDa~~ GE S B UMBRELLA LIAR X OCCUR EACH OCCURRENCE 5 5,000,000 X EXCESS me CLAIMS-MADE 961X179_ 12/ 0112017 1210112018 AGGREGATE S 5,000,000 DED X RETENOONS 10,000 C WORKERS COMPENSATION - ' AND EMPLOYERS' LU\BILITY _ X PER 0TH ANY PROPREI~ETOERR/ ARTNERIEXECUTNE Y}N UB-8J144077 1210112017 12101/2018 AMCEoMIn NH) EXCLUDED'! ❑N NIA EL EACH ACCIDENT 1,000,000 ry ry ELDISEASE-EAEMPLOY S 1,000,000 Dyes, d1 aMON OF 0 1,000,000 DESCRIPTION OF OPERATIONS belox EL DISEASE-POLICY LIMB D Professional Llablll DPR9919947 1210112017 17JO112018 Each Claim 2,000,000 D $150,000deductible DPR9919947 1210112017 1210112018 Aggregate 4,000,000 DESCRPTION OF OPERATIONSILOCAnONSIvEHICLES (ACORD 101, AadWonm ROmadta SChe W. may We ft hed Umpmapa.ls rcqu).dI City of Ashland, Oregon, and-its elected officials, officers and employees are additional Insureds for general liability as provided by policy form CGD381. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE-ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORRED REPRESENTATNE 1 9 ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II - WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance" to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" a. Only with respect to liability for "bodily injury", specifically requires you to provide such ° dams "personal coverage for that additional insured, and then property 9a" or liability for injury"; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage" that occurs before the end you or your subcontmctor'in the performance of the period of time for which the "written of 'your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you, policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV - COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization; or The insurance provided to the additional insured d. For "bodily Injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary, excess, contingent or organization has assumed liability in a on any other basis, that is available to the contract or agreement. additional insured for a loss we cover. However, if you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and or organization for which ten-contributory basis, this insurance is primary any coverage as person an additional insured for which to other insurance available to the additional c is by overage added as another endorsement specifically this insured which covers that person or organizations Coverage Part as a named insured for such loss, and we will not share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily injury" rendering of or failure to render any Y 1 ry" or "property damage" for "professional services" which coverage is sought occurs; and g. In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is Coverage Part shown in the Declarations sought arises out of an offense committed; exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available So the additional insured when that limits of insurance described in Section III - person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 ® 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV - COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", 'property provided that the "bodily injury" and "roerty damage" or "personal injury" arising out of "your damage!' occurs and the p p work" performed by you, or on your behalf, done "personal injury" is under a "written contract requiring insurance with caused by an offense committed: that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you before, and in effect when, the "bodily injury or c. Before the end of the policy period. "property damage" occurs, or the "personal injury" offense is committed. I Page 2 of 2 ® 2015 The Travelers Indemnity company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance services office, Inc., with its permission i r COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.S., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV - BUSINESS AUTO Is An Insured, of SECTION II - COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and Any person or organization who is required under paragraph d. of this part S. Other Insurance, this a written contract or agreement between you and Insurance is primary to and non-contributory with that person or organization, that is signed and applicable other Insurance under which an addi- executed by you before the "bodily injury" or tional insured person or organization is the first property damage" occurs and that is in effect named insured when the written contract or during the policy period, to be named as an addi- agreement between you and that person or or- tional insured is an "insured" for Covered Autos ganization, that is signed and executed by you Liability Coverage, but only for damages to which before the "bodily injury" or "property damage" this insurance applies and only to the extent that occurs and that Is in effect during the policy pe- person or organization qualifies as an "insured' under the Who Is An Insured provision contained riod, requires this insurance to be primary and in SECTION II. non-contributory. CA T4 74 02 15 02015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Ina With its permission. Council Business Meeting March • 2018_ Title: Declaration of Surplus Property From: Mark Welch Director of Administrative Services mark.welch@ashland. or. us Summary: This items concerns the proposed sale of several City owned properties in the City. The first step in the disposal process is declaring the properties surplus and allowing the Administrative Services Director to dispose of the property in a manner allowed under AMC 2.54. The proposed properties are: 1. Tax Lot 39-1E-5DA, 2703: Located east of North Main Street and north of West Hersey Street 2. Tax Lot 39-1E-09BC, 201: One tax lot south of East Main Street Adjacent to the west of Lithia Springs Hotel 3. Tax Lot 39-1 E-11 C, 2505 Actions, Options, or Potential Motions: I move to approve a resolution titled, "A Resolution Declaring Tax Lot 39-1E-5DA, 2703, Tax Lot 39-1E-09BC, 201, and Tax Lot 39-1E-11C, 2505 Surplus Property in the City of Ashland" Resource Requirements: Staff resources to properly dispose of the property if declared surplus. 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. Background and Additional Information: The City of Ashland currently owns several pieces of real property. The resolution addresses three properties that no longer serve any potential benefit to the City. The three properties, if' disposed of by the City, could benefit residents of Ashland. There has been interest in each property. The City has received appraisals on each of the properties and would be looking to dispose of the properties in a similar price range. If the properties are declared sutPlus the Administrative Service Director will dispose of the properties in a manner consistent with AMC 2.54. The current proposed disposal manner for the property on N. Main and Lithia Springs Hotel Lot would be through a publicly noticed sealed bid process. The property on Clay Street has the potential to benefit the community through a sale to another jurisdiction or non-profit. Page 1 of 4 CITY OF -ASHLAND This resolution would declare the properties surplus. Once the disposal process was completed the final decision to sell the properties will be brought back to the Council for approval. The proposed properties, map of the locations and a review of the properties is presented below. Tax Lot 39-1E-5DA, 2703: The subject property was recently created as part of a lot line adjustment. According to the finalized plat the subject land parcel is rectangular in shape and totals 0.0574 acre, or 2,500 square feet. The property is located at XX Lori Lane. The City acquired a parcel adjacent to the Colwell Chiropractic property on the corner of Hersey St and North Main to relocate parking that was being converted to public right of way for intersection improvements on Hersey St. The parcel was partitioned and this parcel is the remnant of what was not part of the parking lot improvement. The parcel is not likely developable on its own due to the size but could be utilized in combination with other adjacent parcels. The property has no public purpose to remain in the ownership of the City. t 4f ~ f -4.x r3rr' 1 PW aR W-141W a 4nV Irrr y- ,4 l " ~ " r !lam. •;,,ty f{: - ~ } ~ mnv i~itr ,1 y i - Jul: ~ l.~.:':`I-_ :>.-t•".." J rm VIM P010 1 I~r 'r''!i J1L! 's D R. ff-1ff7♦ ~ , -4 CF)CURM OF. `1 s,Raor,,wy,r,~fw~ 1 , r n?.np,te rk l r t t~ t = i i $ a r PALL. P w 1 fora as+saT'~d'$ Oil s n a ~y, X12 1 a.a ~a o,.~•,f i ~ r m arc ~i r~.Nt1f Ile 01 e9 M 7+'M6 f Tax Lot 39-1E-09BC, 201: The Subject Property is rectangular in shape and totals 0.06 acre or 2,614 square feet. This property is currently being used with City permission as a five space improved (paved, curbing, striping) parking lot for three businesses; OSF (2 spaces), Ashland Springs Hotel (1 space) and tenants of the building immediately to the north - 180 East Main St (2 spaces). In previous research, records were found that indicates the City was deeded this property by the still current owners of the property to the north in 1969 and a portion of the parcel was improved for the five space parking lot at some point subsequent. No long term parking rights have been granted to the three entities currently utilizing the parking spaces. The property is zoned C-1-D, Page 2 of 4 CITY OF -ASH LAN D which means that no off street parking is required making 100% of the parcel footprint available for build out. Access to the site is limited to the two alleys that form the parcel's east and south borders. Due to the property slope, a three story development is likely permitted without land use variances/exceptions. 1116 CoR. - 0 1 _ 0 17 AT 60t I 5V •1 [ Sao A: 0 17 Ac 2 ° D rit 100 U2cnc " 01 O96 A: o as Ac 340 ASHLAND SPRINGS HOTEL Tax Lot 39-1E-11C, 2505: The subject property is rectangular in shape and totals 0.78 of an acre or 33,300 square feet. The property is a remaining piece of the original 10-acre property purchased by the City of Ashland in November of 2008. Development of an affordable housing project and adjacent wetland area on the main property to the north resulted the installation of transportation and utility infrastructure along the entirety of this property's north property line. The property is zoned R-2 and has the potential for 8-10 units. The ultimate development of this property will create a street connection between Villard and McCall Streets improving the vehicle, bike and pedestrian neighborhood connections. The property may be well suited for fiirther affordable housing development and is currently under discussion with a local non-profit housing development group. Page 3of4 CITY OF ASHLAND K I ~ Ty A= I ~8 as ~ a~~ =yO~ I ` ' I Lyy =y' H ~i I rxy r I ~ 1 ='r jOM1 °rJ B$8 t t 9.0 I TALI2[IL I.V ~ I l a ~ inf ° i .:.E p i nL..av . ~ I ~ fJ I A~I I xarv.mw aw I ip ; 5I• I e I I I _ I nl I r'~°rw ~wW ,I I Mrr..rw~Mervryr•r__JJ k V Z L L A A Di re, s T R E E T k_ I ~ I ' r'iw+w c': __r y I / J j'R ru~L g°Cy FAGLFlJ r1C 7_rwn. ; IC,~~u I u 4[p SI. S1.ma Y. r✓~ro > i• f'IYL g iJ 0 ~W I I I ar Lx.r ~ ~ r _2{Cl"4_~ . d Jn + _ NLYU•L 41f•___ tl1r L-IIIJ!• ® (1 R.VYr•( H1]I] --r' ` (r N1TY•[-JInN) F I R vsJr• t r7 I aLmqI y *`J4 I`,]• a~lA1C6L f I LAACLL S /Al C6t J I I ^'I ° Attachments: Resolution Page 4of4 CITY OF ASHLAND RESOLUTION NO. 2018- A RESOLUTION DECLARING TAX LOT 39-1E-5DA, 2703, TAX LOT 39- 1E-09BC, 201, AND TAX LOT 39-1E-11C, 2505 SURPLUS PROPERTY IN THE CITY OF ASHLAND RECITALS: 1. The City owns aproperty known as Tax Lot 39-1E-5DA, 2703: Located east of North Main Street and north of West Hersey Street, and 2. The City owns a property known as Tax Lot 39-1E-09BC, 201: One tax lot south of East Main Street Adjacent to the west of Lithia Springs Hotel, and 3. The City owns a property known as Tax Lot 39-.1E-11C, 2505: Located at Villard Street, and 4. The City Council finds the property is no longer needed for any City purpose; and 5. Selling the property will generate revenue for the City; and 6. The City Council desires to sell the property in compliance with Ashland Municipal Code 2.54. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The property known as Tax Lot 39-1E-5DA, 2703, Tax Lot 39-lE-09BC, 201, and Tax Lot 39- 1E-11C, 2505, is declared surplus and may be sold. SECTION2. This resolution was duly PASSED and ADOPTED this day of 2018, and takes effect upon singing by the Mayor. Melissa Huhtala, City Recorder SIGNED and APPROVED this day of 2018. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Page 1 of 1 Council Business Meeting March 6, 0: Title: Discussion of Vehicles for Hire Services From: Katrina L. Brown Assistant City Attorney katrina.brown@ashland.or.us Summary: This is a continued discussion (started at the November 20. 2017, study session) of issues surrounding vehicles for hire in Ashland and a request for direction from the City Council about how it would like to address these issues. Specifically, Council is asked to decide whether the public interest is better served by the enactment of provisions regulating all types of privately- owned vehicles for hire or whether deregulation is more appropriate. Long before Uber, Lyft, and other Transportation Network Companies (TNCs) existed, the State of Oregon determined that the safety and reliability of vehicles for hire and the economic well- being and stability of their owners and operators are matters of public concern. As a result, the state legislature specifically authorized cities and counties to regulate privately-owned vehicles for hire. (See Oregon Revised Statutes 221.485 and 221.495) As currently adopted, the Ashland Municipal Code (AMC) does not address newer forms of vehicles for hire such as TNCs nor does the AMC allow such TNCs to operate under their current models. Actions, Options, or Potential Motions: 1. Direct staff to continue discussions with the full range of interested providers of vehicles for hire to craft amendments to the AMC that meet Ashland's unique needs as a tourist destination and bring an ordinance containing such amendments back to Council for first reading. 2. Leave it to Medford's newly-enacted ordinance to regulate certain vehicles for hire, including TNCs, as some smaller cities such as Central Point have done. Staff Recommendation: Staff recommends Option 1 above. Resource Requirements: The development of amendments to Chapter 6.28 of the Ashland Municipal Code related to taxicabs will require additional staff time from the City Attorney's office and other City Departments. No direct expenditure of funds is anticipated in conducting research or in developing ordinance language. Page Iof3 CITY OF -ASHLAND Policies, Plans and Goals Supported: N/A Background and Additional Information: City staff was initially contacted in late October of 2017 by a representative from Uber after Medford adopted its new ordinance regarding vehicles for hire. Uber's stated position was that it would like Ashland to adopt Medford's regulatory regime since the two cities are in such close proximity or deregulate vehicle for hire services altogether. A number of cities in Oregon have chosen to adopt provisions regulating vehicles for hire. Portland, Salem, Corvallis, Bend, and Medford are examples. Eugene is currently considering , such regulations. A few cities that are in close proximity to larger cities that already have provisions regulating TNCs have chosen not to adopt any provisions of their own - effectively leaving regulation of such services to the larger cities. Central Point and Keizer are two such examples. Keizer shares a common boundary with Salem, and Central Point shares a common boundary with Medford. Ashland has unique transportation services needs for a city of its size. This is due in large part to the thousands of tourists who visit each year. According to the Oregon Shakespeare Festival's (OSF) Long Range Plan for 2016-2025, OSF draws over 400,000 visitors to Ashland every year. OSF's theatres have the capacity to seat over 2,000 patrons on most nights during the summer. To provide direction to staff on how to proceed, Council is asked to provide provisional answers to the following questions: 1. What is the appropriate method (fingerprint-based/other) and level (how far back/types of violations) of background checks to utilize for individual vehicles for hire drivers who will be in close contact with the public? Medford and Salem have adopted ordinances which codify Uber's and Lyft's preferred method and level of backgrounds checks, while Portland has adopted more stringent standards. 2. What is the appropriate fee structure, if any, for charging vehicles for hire to use Ashland's streets for commercial purposes? Some jurisdictions impose a flat application or registration fee while others charge a per ride fee. Portland and the Port of Portland are examples of jurisdictions in Oregon imposing a per ride fee. 3. Should there be any regulation of the rates charged? Should TNCs be allowed to use "dynamic" or "surge" pricing during peak usage times, such as late evenings when OSF plays are ending? Such dynamic pricing is part of Uber's current model. 4. What are the appropriate insurance levels for TNC? Should they be required to reflect the Oregon Tort Claims Act limits for local governments (currently $1,412,000.00)? Most jurisdictions have adopted one set limit of coverage for taxi companies and a tiered approach for TNCs. Page 2 of 3 CITY OF ASHLAND 5. Should vehicles for hire be required to use designated drop-off and pick-up sites for certain kinds of activities, such as OSF plays, which are likely to result otherwise in significant spot congestion? OSF has indicated that it is interested in establishing such designated sites to ease congestion around its facilities. 6. Should vehicles for hire agencies be required to provide wheelchair-accessible vehicles at all times? Medford has a general requirement addressing passengers with disabilities. Portland has specific requirements including a reasonable wait time for such vehicles. 7. Should there be regulatory equity among the various vehicle for hire agencies? Attachments: 1. Mail Tribune - Not All Drivers Are Playing By the Rules article 2. New York Times - When Calling an Uber Can Pay Off for Cities and States article 3. CityLab - Who Owns Urban Mobility Data article Additional Links: Council Communication from November 20. 2017 Page 3of3 CITY OF ASHLAND 2/20/2018 Uber, Lyft: Not all drivers are playing by the rules ~ r Mail Tribune Uber, Lyft: Not all drivers are playing by the rules By Nick Morgan Mail Tribune Posted Feb 18, 2018 at 2:00 AM Updated Feb 18, 2018 at 2:02 PM Summoning Uber driver Brian Savage and his tidy Toyota Prius for a ride to the Medford airport from downtown took just two minutes. After a few clicks, Uber's app provided Savage's photo, license plate, vehicle description and an estimated ETA with a map of his GPS coordinates updated in real time. For Savage, the ride-sharing app gives the stay-at-home father a flexible income while still being available for his 8-, 10- and 12-year-old kids when they get home. "When they're at school, I do this," said Savage, who has a Medford business license to drive for both Uber and Lyft. Users seem to like the flexibility, too. Since ride-sharing was allowed Dec. 1 by the Medford City Council, Uber has facilitated more than 10,000 trips here involving 140 active drivers, according to Uber spokesman Nathan Hambley. Its competitor, Lyft, has provided "hundreds" of rides involving "hundreds" of drivers in the Medford area, Lyft spokeswoman Darci Nenni said in an email. But like in many other markets where Uber and Lyft have operated, not everything's been a smooth ride. A check with the city of Medford shows a fraction of Uber and Lyft drivers are legal to operate within the city. Of Uber's 140 active drivers, only 50 have business licenses as required by law, according to Kristina Johnsen in the city manager's office. htiplhvm.mailtdbune.com/news/20180218/uber-lyft-not-all-drivers-are-playing-by-rules 1/5 2 /2012 01 8 Uber, Lyft: Not all drivers are playing by the rules One particularly vigilant taxi driver had a clipboard with blank Jackson County Airport Authority incident report forms, on the lookout for a specific person he described as a repeat offender, but Brienza said he hasn't heard any formal complaints. Brienza described the problem as "more of a learning curve" issue, and airport security issues warnings rather than fines. He likened it to new hotel employees parking`shuttles in the wrong spot or cab drivers parking at the wrong curb. "If they're repeat offenders we take their privileges away," Brienza said. Taxi companies with dedicated dispatchers, such as Valley Cab and 5-Star Taxi, are faring better because they can offer true 24-hour service and serve a wider area than ride-sharing apps can. Alex Barge, owner of 5-Star Taxi, said he's less concerned about ride-sharing apps than he is about the roughly 35 single-operator cab companies, which he calls "illegal cab companies" because they fail to provide 24-hour service as required under Medford's ordinance. "Honestly that guy, he should not be working his own cab company," Barge said of sole owner-operators. "He should be licensed to work with a legitimate cab company." Barge said his business still has enough work to support the four to five drivers on his fleet and a dispatcher at any given time. His numbers remain in line with the range of 3,500 to 3,800 rides monthly that preceded Dec. 1. "I haven't really noticed anything," Barge said. "My numbers are up." Valley Cab, Southern Oregon's largest taxi company, still has plenty of its 12 drivers and five cars on the road at any given time, Owen said. Contract rides and cash fares haven't been affected yet. Owen, however, understands his business success is at the expense of other cab companies, not Uber's. "We are doing as well or better than before they got here," Owen said. "That's because so many of the cab companies have gone out of business" Prior to the ordinance allowing ride sharing, Medford had roughly 50 taxi companies. httpaAvww.malltdbune.com/news/20180218/uber-ly8-not-allddversare-playing-by-rules 315 2123/2018 Pocket. When Calling an Uher Can Pay Off for Cities and States When Calling an Uber Can Pay Off for Cities and States By Winnie Hu, www.nytimes.com February 19th, 2018 ` g ao ' e 4 The Kennedy Expressway in Chicago, where officials have imposed fees on trips on ride-hailing apps like Uber and will use some of the money to improve its public transit system. Across the country many local governments are using similar surcharges to raise more revenue. Credit Scott Olson/Getty Images Photo by: Scott OlsonlGetty Images In Chicago, a 15-cent fee on Uber, Lyft and other ride-hailing services is helping to pay for track, signal and electrical upgrades to make the city's trains run faster and smoother. https://getpocket.mnVa/road/2078363939 118 212312018 Pocket. When Calling an Uber Can Pay Off for Cities and States Even as President Trump promotes a plan to rebuild the country's tattered infrastructure, many local governments are not waiting to see what, if any, help Washington provides and are finding novel ways to pay for transportation and other public works projects. Across the nation, more than a dozen states and municipalities have imposed fees or taxes on ride-hailing companies or their passengers, or sometimes both, and many more are considering such measures, according to transportation and tax experts. Advocates for the charges contend that the ride-hailing cars should pay for using public streets and resources, contributing to gridlock and pollution, and siphoning passengers and fares from public transit. "If they want to share the pie, then they have to pay the price," said Fayez Khozindar, the executive director of the United Taxidrivers Community Council, an advocacy group for taxi drivers in Chicago. "It's fair because we know the city is short on funds and they want to fill the hole." But some drivers and passengers for the ride-hailing companies say they have been unfairly singled out - in many places the new fees do not apply to taxis. . "Uber and L•yft have always been an easy target for cities looking for new streams of revenue," said Harry Campbell, a driver for Uber and Lyft in California who writes a popular blog, The Rideshare Guy. In New York and Chicago, Uber and Lyft have said they see their services as complementing the public transit systems and providing another option for riders, especially in transit deserts with few bus routes and train lines. Uber supports a congestion plan for Manhattan - even running an ad campaign. backing the idea - as long as it does not single out for-hire vehicles. httpsY/gotpocket.coMatreadl2078363939 3/8 212312018 Pocket: When Calling an Uber Can Pay Off for Cities and States x a 3 1 i` v k , i PF':;' 1' y [44 x~r 5~2) <t ySF "I think it's a progressive transportation tax," the Chicago mayor, Rahm Emanuel, said, referring to the surcharge for trips using ride-hailing apps. "It will make public transportation competitive with the rideshare industry." Credit Celeste Sloman for The New York Times Photo hy. Celeste Sloman for The New York Times "A lot of tax codes weren't set up to take them into account," Mr. Davis said. "They're so new they didn't even exist a decade ago. It's an emerging tax issue, and states and localities are playing catch up." https://gotpooket.com/a/read/2078363939 5/8 2/2312018 Pocket: When Calling an Uber Can Pay OR for Cities and States As a result, he said, taxi companies.are struggli ng and at least two have gone out of business. His company, Radio Cab, has lost more than a third of its business since 2015. Chicago officials have calculated that ride-hailing companies have cost the city about $40 million a year in lost revenue from transit fares, parking fees, licenses and permits. In 2014, the city imposed a 2o-cent fee on ride-hailing trips in response to concerns that taxis were being undercut. Two years later, that fee went up to 50 cents, with an additional two-cent fee paid by the ride- hailing companies themselves. And now, the new 15-cent fee for the transit system brings the total to 65 cents for passengers. The city also assessed a separate $5 fee on passengers who were picked up or dropped off by ride-hailing cars at the major airports, the convention center and the Navy Pier, a popular tourist destination. The ride-hailing fees produced nearly $39 million for the city's general fund in 2o16, up from about $1oo,ooo in 2014, according to city estimates. Last year's revenue, which is still being collected, is expected to reach $72 million. "It's a fairly new industry and once they actually got settled in the city we saw a lot of growth," the Chicago budget director, Samantha Fields, said. Mayor Rahm Emanuel of Chicago, who has made modernizing the L a priority, said the new 15-cent fee was the first of its kind to raise money solely for public transit from those who might not even use it because they could afford the ride-hailing cars. "I think it's a progressive transportation tax," Mr. Emanuel said. "It will make public transportation competitive with the rideshare industry." https:lfgetpocket.oom/ahead@078363939 718 1111/2018 When Cities and Private Mobility Companies Vie For Data - CityLab ~^.~~~r~~~! /413 w0vw.citylab.com Thank you for printing content from www.citylab.com. If you enjoy this piece, then please check back soon for our latest in urban-centric journalism. T if .mss ~ s I t T- ' (889' _ I TS, Urban mobility increasingly involves a mix of private and public transit. Who gets the data? Richard Vogel/AP "l10 Owns ]Urban 11obi11ty Data? V DAVID ZIPPER JAN 7, 2018 How, exactly, should policymakers respond to the rapid rise of new private mobility services such as ride-hailing, doddess shared bicycles, and microtransit? As I argued here several months ago, in order to answer that question city leaders will need accurate and detailed information about all urban trips- however the traveler chose to get from one place to another. And that information needs to come in part from the private mobility companies that are moving a growing share of people within our cities. https;/Avwv.citylab.com/transportaUon/2018/0IAvho-owns-urban-mobllity-datat549845/ 1/8 1/1112818 When Cities and Private Mobility Companies Vie For Data - CityLab This isaea is starting to catch on. The World Bank's 0penTraffic project, founded in 2016, initially developed ways to aggregate traffic information derived from commercial fleets. A handful of private companies like Grab and.Easy Taxi pledged their support when OpenTraffic launched. This fall, the project become part of SharedStreets, a collaboration between the National Association of City Transportation Officials (NACTO), the World Resources Institute, and the OECD's International Transport Forum to pilot new ways of collecting and sharing a variety of public and private transport data. Kevin Webb, the founder of SharedStreets, envisions a future where both cities and private companies can utilize SharedStreets to solve questions on topics like street safety, curb use, and congestion. That's a laudable goal, but Shared Streets will have to solve several challenges in order to become a go-to resource. For example, it's hard to provide a complete picture of urban mobility unless the heavyweights like Uber, Lyft, Didi Chuxing, Ofo, and Mobike participate; so far none of them has signed on. There is also the question of how tech behemoths like Google and Apple-collectors of massive datasets about individuals' movement-can be involved. Perhaps they can be sources of reliable revenue that SharedStreets will need in order to scale (at present the initiative is being incubated with philanthropic support)- Finally , there is the critical question of privacy. Although Uber's hacking scandal has dinged ride- hailing's credibility as a protector of passenger data, new mobility services do have a point when they push back against handing over rider information to the government. It's reasonable to assume that at least some customers will balk at the prospect of public agencies accessing their personal ride histories. Webb says that SharedStreets will handle those concerns by collecting aggregated data that is rich enough to allow for deep analysis while still hiding information about individual rides. New mobility c service companies could further protect their passengers by converting trip data into so-called "syntheti populations" of artificial data modeled after trips that people actually took. However the new mobility service data arrives-almost certainly aggregated, and potentially artificially modeled-there will need to be away to ensure it is accurate. After all, companies like Uber and Lyft have a vested interest in the questions policymakers pose about their impact on city streets. Data validation-especially for modeled data-is crucial for such an exchange to be trusted. https:lhww. itylab.comitransportation/2018101/who-owns-urban-mobllity-data/549845/ 316 Council Business Meeting March • 20181 Title: Climate and Energy Action Plan (LEAP) - Progress Report From: Adam Hanks Interim Asst. to the City Administrator ad am.hanks(cDashland. or.us Stuart Green Climate and Energy Analyst Stu.green ashland.or.us Summary: Staff has developed a 2018 CEAP progress report to update Council on activities, initiatives and actions that have taken place since the plan's formal adoption in March of 2017. Additionally, this report provides Council with areas of focus for the upcoming 12-18 months. Actions, Options, or Potential Motions: No formal action is requested or required on this report and brief presentation. Staff Recommendation: While no formal action is being requested, Staff welcomes questions, clarifications, suggestions and requests for additional information. Resource Requirements: Aside from the staffing resource costs already appropriated in the current biennial budget, no resources were expended in the creation of this progress report. Policies, Plans and Goals Supported: 22. Prepare for the impact of climate change on the community 22.1 Develop and implement a community climate change and energy plan Background and Additional Information: The Climate and Energy Action Plan was adopted by Council on March 7, 2017. The plan included regular reporting to Council as a key component of the implementation of the plan. As noted in the attached 2018 progress report, a more robust and detailed web site is under development to assist in providing open review of all CEAP activities. Key performance indicators for all near term actions are being developed with the assistance of the CEAP Implementation Ad-Hoc Committee and will be utilized in future reports to Council and the community. Attachments: CEAP 2018 Progress Report Reference Links: www.ashland.or.us/climateplan Page 1 of 1 CITY OF -ASHLAND City of Ashland Climate and Energy Action Plan Progress Report 2018 ~r Contents Background .................................................................................................................................................3 Vision 3 Goals and Targets ..................................................................................................................................3 Focus Areas ............................................................................................................................................4 Implementation Timing ..........................................................................................................................4 CEAP Actions Taken: Initial Implementation (2017) .............................................................................5 Table 1. Ashland CEAP Year 1 Implementation Summary .............................................................5 Table 2. Climate Actions Undertaken in 2017 ...................................................................................5 CEAP Current Actions: Phase I Implementation (2018-2019) ............................................................7 Energy 8 Table 3. Potential CEAP Energy Projects in 2018 ........................................................................8 Transportation .......................................................................................................................................10 Table 4. Potential Transportation Projects ...................................................................................10 Outreach ................................................................................................................................................11 Table 5. Potential Outreach Projects ............................................................................................11 Planning .................................................................................................................................................12 Table 6. Potential Planning Projects .............................................................................................12 CEAP Future: Timeline and Milestones ................................................................................................13 i i I Purpose In March, 2017 Ashland City Council unanimously adopted a Climate and Energy Action Plan (CEAP). This purpose of this progress report is to provide an update on implementation of that plan. It is divided into the following sections: 1. Executive Summary 2. Background 3. CEAP Actions Taken: Initial Implementation (2017) 4. CEAP Current Actions: Phase I Implementation (2018-2019) 5. CEAP Future: Timeline and Milestones Executive Summary The community of Ashland has made significant progress in committing to positive climate action by developing a comprehensive climate and energy action plan. The community is in the initial stages of implementing the plan, and significant City Staff energy is being put toward developing the communication and tracking systems that will be critical for successful rollout of actions identified in the plan. The ad-hoc CEAP Implementation Committee has convened and is working with Staff to complete its charge. Key implementation tools, including CEAP website, performance indicators, and community engagement resources are under development. Seventeen CEAP actions are have begun some aspect of implementation. Three CEAP actions have been implemented (note that many CEAP actions may require ongoing follow-up): • BE-4-1. Expand the current net meter resolution to include and incorporate virtual net metering. • ULT-3-3. Provide information about electric and hybrid vehicles and rebates on the City's website. • CC-1-3. Assess the feasilbility of a City-sponsored carbon offset program. Background Vision Ashland's Climate Vision for 2050 is to be a resilient community that has zero net greenhouse gas emissions, embraces equity, protects healthy ecosystems, and creates opportunities for future generations. Read more about City of Ashland's Climate and Energy Action Plan at www.ashland.or.us/climateplan. Goals and Targets The CEAP lays out a foundation for the City of Ashland to reduce its emissions and improve its resilience to future impacts of climate change on its environment, infrastructure, and people. The plan's overarching goals and targets focus on addressing climate change risks by reducing Ashland's emissions of climate pollution ("climate mitigation") and preparing the city for unavoidable impacts ("climate adaptation"): CEAP Overarching Goal 1 - Reduce Ashland's contribution to global carbon pollution by reducing greenhouse gas emissions associated with City, residential, commercial, and industrial activities. Y For the Ashland community: Reduce overall Ashland community greenhouse gas emissions by 8% on average every year to 2050. ➢ For City of Ashland operations: Attain carbon neutrality in City operations by 2030, and reduce fossil fuel consumption by 50% by 2030 and 100% by 2050. CEAP Overarching Goal 2 - Prepare the city's communities, systems, and resources to be more resilient to climate change impacts. Focus Areas The CEAP is primarily organized by focus areas. Each focus areas contains associated goals, strategies, progress indicators, and identified actions. The CEAP identifies six focus areas for climate action: • Buildings and Energy • Urban Form, Land Use, and Transportation • Consumption and Materials • Natural Systems • Public Health, Safety, and Wellbeing • Cross-Cutting Priority Actions The CEAP identifies more than 60 priority actions. Each of these actions offer a meaningful path to emissions reduction and have been evaluated based on relative cost, efficacy, and co- benefits. Actions that result in direct emissions reduction merit added focus. Implementation Timing Each individual action is assigned to an implementation phase, either: • Phase I: complete by 2020 • Phase 11: complete by 2025 Phase I Actions are slated for near-term commencement and were determined to have met one or more of the following criteria: • Easy, early wins • Foundational steps • Complex, but important initiatives • Windows of opportunity Phase II actions include all actions identified in CEAP, that do not meet Phase I criteria above. Phase II actions may be initiated in Phase I, but not at the expense of completing Phase I actions. Priority actions not meeting these criteria are assigned to Phase ll. CEAP Actions Taken: Initial Implementation (2017) The CEAP document includes a "Year 1 Implementation Summary" to guide City staff during the initial implementation. The majority of these activities have been completed and are detailed in the table below. Staff expect the remainder of the year 1 implementation activities will be completed in March or April 2018, close to the first anniversary of the plan's adoption. Table 1. Ashland CEAP Year 1 Implementation Summary Item Year 1 Implementation Milestones Status 1 Formalize City's commitment - City Council adopted the CEAP document In place - March 2017 - City Council adopted the CEAP ordinance In place - September 2017 2 Create and hire a full-time, permanent City CEAP In place - November 2017 staff position 3 Form and convene CEAP Implementation In place - January 2018 committee 4 Create an internal City Climate Team In progress 5 Designate potential funding sources Planning 6 Establish CEAP progress indicators in progress 7 Begin priority near term CEAP actions In place - Ongoing (see Table 2.) Table 2. Climate Actions Undertaken in 2017 Item CEAP Action Summary Status 1 BE-4-1. Expand the current net Amended Resolution to enable In place - meter resolution to include and Virtual Net Metering Dec 2017 incorporate virtual net metering. 2 ULT-3-3. Provide information Created informational resource In place - about electric and hybrid www.ashland.chooseev.com Dec 2017 vehicles and rebates on the City's website. 3 CC-1-3. Assess the feasibility of An Ashland-tailored carbon offset In place - a City-sponsored carbon offset program will soon be available Nov 2017 program. through Bonneville Environmental Fountaion. Additional City sponsored programs will be evaluated as they become available. 4 BE-1-2. Promote switching to Improve and expand Ashland's EV Ongoing lower-carbon fuels. charging infrastructure. (Sub- action BE-1-2-2. 5 BE-1-3. Facilitate and encourage Adjusted Resolution to optimize In place - solar energy production. annual solar production Dec 2017 accounting window. In progress Feasibility studies for new Utility and Municipal solar installations scheduled for 2018. 6 BE-1-4. Enhance production of Feasibility studies for new Utility In progress on-site solar energy from City and Municipal solar installations facilities. scheduled for 2018. 7 BE-2-1. Increase outreach efforts Staff are researaching methods Ongoing to expand participation in energy and programs in facilitate program efficiency programs and promote uptake and reach new potential climate-friendly building and participants. construction. 8 CC-4-1. Engage with other CEAP Staff engage with Ongoing governments and organizations community, regional, state, and around regional, statewide, national groups on a daily basis. national, and international Ashland's climate plan has climate policy and action. received substantial attention from other communities looking to build a plan. CEAP Current Actions: Phase I Implementation (2018-2019) Phase I implementation will be the focus of CEAP activities in 2018-2019. The CEAP identifies more than 25 specific actions for Phase I implementation, all of which are high priority and slated for completion by 2020. Phase I actions are intended to provide intial climate action momentum, leverage windows of opportunity, and begin setting the stage for longer-term actions. CEAP staff hired in late 2017 has begun coordinating with City Departments and community members to establish timeslines and project leads for all Phase I actions. The ad-hoc CEAP Implementation Committee is working alongside staff to recommend key performance indicators, which will be used in future reports to track incremental progress toward adopted CEAP goals. To lend focus to initial 2018 implementation efforts, major CEAP activities for 2018 are grouped into the following themes: • Energy • Transportation • Outreach • Planning Energy Saving energy and building more renewable energy resources are essential components of Ashland's carbon reduction goals. Ashland has offered energy efficiency and renewable energy incentives to the community for many years, but there is substantial room for additional uptake. Changes in Ashland's Net Metering resolution mean there is substantial opportunity for community-driven, or other types of group solar projects. Efficiency measures and net-metered solar are especially valuable as they reduce Ashland's overall electricity usage and create direct reductions in GHG emissions. There are several proposals for developing larger community and utility solar resources, which could allow Ashland to incorporate additional low carbon energy in the the electric utility portfolio. Costs and feasibility of these larger renewables projects will be assessed in 2018. Key Actions • BE-1-3. Facilitate and Encourage Solar Energy Production. • BE-1-4. Enhance Production of on-site solar energy from City facilities. • BE-2-1. Increase outreach efforts to expand participation in energy efficiency programs and promote climate-friendly building and construction. • BE-3-1. Use results from City Facilities Energy Audit to prioritize City Facilities Capital Improvement Plans (CIPs) and maintenance improvements. Table 3. Potential CEAP Ener Projects in 2018 Related Item Project Summary CEAP Action 1 Utility scale solar Feasibility studies to assess several different BE-1-3. (1-12 MW) Utility-scale solar developments. Development of solar and other renewable resources is an essential strategy in meeting long term climate change mitigation goals. 2 City Solar Harnessing solar on City facilities will reduce BE-1-3. Rooftops (1 MW) Municipal energy consumption and result in BE-1-4. direct reduction of emissions. 3 Community Solar Recent changes to Ashland's Net Metering BE-1-3. (TBD) Resolution allow several new pathways to developing community solar. Staff will work with community members to encourage investment in new community solar resources. 4 Reeder Reservoir Infrastructure upgrades will improve efficiency BE-3-1. Hydrpower and increase power production at the dam. efficiency improvements 0.3-0.5 MW City Facilities Departments will utilize facilities audits to BE-3-1. 5 Energy Efficiency improve efficiency and reduce emissions from Improvements City facilities. (TBD) 6 Ashland housing Staff will explore strategies for increasing BE-2-1. inventory energy participation in City efficiency and renewable efficiency energy programs. Staff will also explore longer programs term programs to incentivize or require building TBD energy performance scores. 7 High efficiency Advocacy and planning to ensure that state and BE-2-1. building code local building codes are supporting CEAP amendments goals. 8 New programs for Exploring opportunities to create new programs BE-2-1. electric utility and services for Utility customers, for example customers bundling renewable energy certificates or creating new electric rate tiers to support a articular program. I Transportation Two primary opportunities for Ashland include reducing the number of vehicle miles travelled (VMT) and to facilitating the use of higher-efficiency vehicles, especially electric vehicles (EV). In practical terms, this means helping Ashlanders drive less and walk/bike more. The Ashland community has a substantial opportunity to reduce emissions by electrifying transportation, which is more efficient than fossil fuel alternatives and has the ability to be fueled from low- carbon sources such as from solar or wind energy. Key Actions • BE-1-2. Promote switching to lower-carbon fuels. • ULT-2-1. Implement bicycle- and pedestrian-friendly actions in the City's Transportation System Plan and Downtown Parking Management Plan. • ULT-3-2. Revise land use codes to require EV charging infrastructure at multifamily and commercial developments. • ULT-3-3. Provide information about electric and hybrid vehicles and rebates on the City's website. Table 4. Potential Transportation Projects Item Project Summary Related CEAP Action 1 Improve EV charging Update and improve existing BE-1-2. infrastructure public charging Advocate and explore options for public DC fast charging infrastructure 2 City fleet electrification Evaluate existing fleet and plan for BE-1-2. hased in h brid/EV integration 3 Additional EV incentives Explore programs to expand BE-1-2. workplace and home charging. Explore programs to facilitate EV market penetration, such as financing incentives or group purchases. 4 Multimodal transportation Implement multimodal transportation ULT-2-1. imporvements improvements listed in City plans. 5 Lon term planning Evaluate land use code opportunities ULT-3-2. Outreach Ashland's Climate and Energy Action Plan is comprehensive and offers guidance to citizens, businesses, and City operations alike. There is a significant amount of outreach and education needed to ensure broad understanding, continued public support of the plan. CEAP staff are working to build a website and Community Engagement Plan to increase the plan's exposure and provide a comprehensive resource. Both the website and the engagement plan will be significant projects in 2018 and serve as a foundation for initial (and future) implementation. The Implementation Committee will receive frequent updates on the status of CEAP actions and will be an important conduit for relaying updates to other Commissions. In addition, the committee will be involved in the creation of the Community Engagement Plan and will have the opportunity to engage with CEAP action leads. Key Actions • CC-1-1. Create a formal public outreach and education plan to inform the community about climate actions and progress. • CC-1-2. Support capacity of neighborhood and community groups to implement climate mitigation and adaptation initiatives. • CC-1-3. Assess the feasibility of a City-sponsored carbon offset program. Table 5. Potential Outreach Projects Item Project Summary Related CEAP Action 1 CEAP Web Dashboard of CEAP projects and key CC-1-1. Portal progress indicators Detailed information on CEAP actions CC-1-2. and contact info for project leads Opportunities for community engagement and information gathering Develop community information and advocacy resources 2 CEAP Messaging CC-1-1. Community Communication plan Engagement Plan 3 City-sponsored Ashland-focues Carbon Offset and CC-1-3. Climate Renewable Energy Certificate programs Mitigation Programs Planning Planning is a key area of ongoing work for staff. Key implementation tools, including website, performance indicators, and community enegagement resources are under development. In addition to implementation of near term CEAP actions, staff are are planning and developing systems necessary for future CEAP projects. Key Actions • CC-3-1. Consider climate change in all City Council policy, budgetary, or legislative decisions and as part of the Council Communication document template. • CC-3-2. Incorporate CEAP goals and actions in future updates of city plans. • CC-3-3 Include consideration and perpetuation of climate action goals within the scope of every appropriate City Advisory Commission. • CC-4-1. Engage with other governments and organizations around regional, statewide, national, and international climate policy and action. Table 6. Potential Planning Projects Item Project Summary Related CEAP Action 1 Internal Project tracking Build and develop systems to track platform project details and progress made 2 GHG Inventory Update Planning and coordination of upcoming GHG inventory, years 2015-2018. 3 Ad-hoc CEAP Support Phase I implementation Implementation Committee activities advisory work Advise on key progress indicators (KPIs) Development of Community Engagement Plan List of other actions slated for 2018-2019 BE-1-1. Develop a comprehensive plan for the Municipal Electric Utility. ULT-1-2. Work with RVTD to implement climate-friendly transit. ULT-2-2. Explore opportunities to convert to shared streets where appropriate to provide multimodal connectivity. • ULT-4-1. Regulate new development in the Wildfire Lands Overlay part of the urban growth boundary. • CM-2-1. Partner with nonprofit organizations to promote the purchase of climate- friendly food and products. • CM-2-2. Expand community gardening and urban agriculture opportunities • NS-1-3. Undertake restoration efforts to retain and restore native fish and riparian species. • NS-2-2. Explore water-efficient technologies on irrigation systems and consider requiring them during the permitting process. • NS-1-1. Manage forests to retain biodiversity, resilience, and ecosystem function and services in the face of climate change. Use best available science to inform fire management and planning to manage ecosystem health, community safety, and carbon storage. • PHSW-2-1. Engage leading employers in a dialogue on climate action, for example, by organizing and facilitating roundtables. • PHSW-3-1. Work with vulnerable populations to create specific adaptation strategies to address public health risks. CEAP Future: Timeline and Milestones Below is a timeline of key CEAP events, past and future. As the CEAP is a living document, it is expected that future milestones and specific plan actions may change over time. 2015 - Baseline year for GHG Inventory - Formation of Ad-hoc Climate and Energy Action Plan Committee 2016 - Completed GHG Inventory #1 (years 2011-2015) 2017 - Adoption of Climate and Energy Action Plan - Adoption of CEAP Ordinance - Hired City staff 2018 - Formation of ad-hoc CEAP Implementation Committee - CEAP Progress Report 2018 (this document) 2019 - GHG Inventory Update 2020 - Formation of long term CEAP Advisory Commission - Climate and Energy Action Plan Update - Phase I Actions Complete 2022 - GHG Inventory update 2023 - Climate and Energy Action Plan Update 2025 - Phase 11 Actions Complete Council Business Meeting___ March 6, 2018' Title: Financial Forecast Update From: Mark Welch Director of Administrative Services mark.welch@ashland.or.us Summary: This items will provide an update on the financial forecast that are included in the Budget Document. The BN 2017/19 Budget and corresponding appropriation limits are not at question. The current biennium budget does not have any errors. Actions, Options, or Potential Motions: Receive an update on the Financial Forecast included in the Budget Document and recommend the item be referred to the Study Session on March 19th for further discussions. Resource Requirements: None Policies, Plans and Goals Supported: 39. Ensure on-going fiscal ability to provide desired and required services at an acceptable level. BacklZround and Additional Information: The long range financial plan in the Budget Document was presented with methodology estimation errors as it relates to the General Fund, Central Services and Parks. The other funds were not presented with the same error. As you may recall, several members of the Budget Committee, and myself, commented during the Budget process that the projections appeared not be accurate. Being new to the position, I commented that it would not be possible to update before the budget was adopted. Since the Budget Committee would not review any revised projections, the decision was made to not change the existing projections in the budget book. The Budget Process Ad-Hoc Committee scheduled an update to the long range financial plan for the Fall of this year. The Parks and Recreations Commission stated recently that the current forecast has major errors and did not agree with the $6 million looming deficit. Through communications with the Ashland Tidings, I confirmed that the statement was accurate in that the financial forecast was presented with a calculation error. A financial model is important for the Finance Department to maintain to ensure potential financial issues can be addressed in a timely manner. The financial model has been in place since July and is updated as new information becomes available. Page 1 of 3 CITY OF -ASHLAND I Expenditure Projections In reviewing the materials used to develop the long range estimates, it was determined that there was a misunderstanding with previous staff. The direction was to increase health care ten percent and PERS two percent. Instead of increasing those line items, the full 12 percent was increased on the overall Personal Services category. For example, Police Department Personal Services were projected to increase from $5 million in BN 2017/19 to $7.5 million in BN21/23. This was an error that was missed due to the turnover of staff at the time. While clearly an unfortunate error, in reviewing the projections on a line item basis, the Personal Services should actually increase about 3 percent annually in the future. With an estimated ten percent health care increase, along with a seven percent PERS and COLA increase, the Personal Services budget is projected to grow 3.16% annually. It is staff s intention for the health care line item to be less than ten percent and with the recent positive PERS investment returns, we are also optimistic that the PERS increase will be less than seven percent. The General Fund Salary and Wages has a 7.56% increase in FY 20 and 6.57% in FY 21. It is then anticipated the annual increase will decreases to 2%, largely due to the police staffing increase in the first two years. The average increase for the forecasted six years is 3.66%. The model can be changed as new information become available. It is a working forecast until we include during the budget process. Significant changes are anticipated once we have more information relating to the future of health benefits and potential changes to PERS. The forecast also includes a ten percent increase in Central Service Fees for the General Fund with the other internal charges remaining flat. The City recently advertised for a consultant service contract to assist staff in updating our Cost Allocation Plan (CAP). The CAP will insure that we are accurately reflecting the cost of Central Services provided to each department and fund. Once the report is complete, we will update the forecast with the actual numbers. Revenue Projections The revenue projections were extremely conservative as well. We have experienced greater than 3.5% growth in our assessed valuation, yet only forecasted a three percent property tax collections. Adjusting anticipated revenues at a still conservative 3.5% assessed valuation growth, our property tax collections should increase over four percent, which has been used in the most recent model. For reference, the assessed valuation growth for the last three years has been: FY2016 - 104.15% FY2017 - 103.74% FY2018 - 103.78% Adjusted Forecast The updates show a potential for a General Fund deficit of approximately $2.3 million in BN 2021/23, and $585,752 for Parks. These projections forecast conservative revenue growth, and potentially larger expenditures increases. The Finance Department will continue to monitor actual performance and update projections as new data points are received. Page 2 of 3 CITY OF -ASHLAND The adjusted forecast improves the long term financial viewpoint, but the deficit does indicate financial challenges for the City in future bienniums. The use of the now developed financial model will assist staff in communicating both short and long term forecasts, as well as in developing strategies for the Budget Committee and Council to use in future decision making to maintain the high level of service the community has come to expect from the City of Ashland. The earlier the impacts of new financial information can be anticipated, the earlier and more prepared we can collectively be to respond. To further assist in the community understanding of the City's financial status, the Finance Department has created an interactive spreadsheet that allows anyone to input their own assumptions and calculates the impacts. This tool, along with OpenGov (AshlandOR.OpenGov.com), provides a wealth of tools for financial understanding. The interactive spreadsheet has been emailed to members of the Budget Committee and provided on the Administrative Services section of the City's website. Attachments General Fund Current Financial Model Parks and Recreation Commission Current Financial Model II Page 3of3 CITY OF ASHLAND City of Ashland General Fund Projections Revenues Fiscal Year FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 Growth(%) Projection Growth(%) Projection Growth(%) Projection Growth(%) Projection Growth(%) Projection Growth(%) Projection Property Taxes 4.00% 11,368,448 4.00% 11,823,186 4.00% 12,296,113 4.00% 12,787,958 4.00% 13,299,476 4.00% 13,831,455 All Other Taxes 10.00% 7,866,639 3.00% 8,102,638 3.00% 8,345,717 3.00% 8,596,089 3.00% 8,853,971 3.00% 9,119,591 Franchise Fees 1.74% 3,622,809 2.54% 3,714,828 2.55% 3,809,556 2.56% 3,907,081 2.56% 4,007,102 2.57% 4,110,085 Charges for Services 6.35% 1,824,434 5.67% 1,927,880 5.75% 2,038,733 5.83% 2,157,591 5.90% 2,284,889 5.98% 2,421,525 Licenses and Permits 14.07% 1,232,697 0.00% 1,232,697 0.00% 1,232,697 0.00% 1,232,697 0.00% 1,232,697 0.00% 1,232,697 Intergovernmental Revenue 6.60% 694,501 0.00% 694,501 0.00% 694,501 0.00% 694,501 0.00% 694,501 0.00% 694,501 Fines and Forfeitures 0.90% 445,877 0.65% 448,775 0.66% 451,737 0.66% 454,719 0.66% 457,720 0.66% 460,741 Miscellaneous Revenues 0.00% 188,000 0.00% 188,000 0.00% 188,000 0.00% 188,000 0.00% 188,000 0.00% 188,000 Operating Transfers In 0.00% 256,500 0.00% 256,500 0.00% 256,500 0.00% 256,500 0.00% 256,500 0.00% 256,500 Interest on Pooled Investments 50.00% 60,000 0.00% 60,000 0.00% 60,000 0.00% 60,000 0.00% 60,000 0.00% 60,000 Total Revenues 27,559,905 28,449,005 29,373,555 30,335,135 31,334,857 32,375,095 Expenses Salaries & Wages 7.56% 9,528,168 6.57% 10,154,169 1.95% 10,352,175 1.95% 10,554,043 1.95% 10,759,846 1.95% 10,969,663 Contractual Services 2.00% 7,362,784 2.00% 7,510,040 2.00% 7,660,241 2.00% 7,813,446 2.00% 7,969,715 2.00% 8,129,109 Group Health Insurance 5.00% 2,194,668 5.00% 2,304,401 5.00% 2,419,621 5.00% 2,540,603 5.00% 2,667,633 5.00% 2,801,014 PERS 10.66% 2,737,995 10.85% 3,035,068 7.00% 3,247,522 7.00% 3,474,849 7.00% 3,718,088 7.00% 3,978,354 All Other Benefits 2.00% 1,106,213 2.00% 1,128,338 2.00% 1,150,904 2.00% 1,173,923 2.00% 1,197,401 2.00% 1,221,349 Internal Charges & Fees 4.22% 2,740,433 6.14% 2,908,695 1.56% 2,954,071 1.59% 3,001,041 1.59% 3,048,757 1.57% 3,096,623 Grants 13.25% 1,060,943 2.34% 1,085,769 2.35% 1,111,285 2.37% 1,137,622 2.38% 1,164,697 2.40% 1,192,650 Rental, Repair, Maintenance -9.60% 300,666 1.08% 303,907 1.11% 307,280 1.15% 310,802 1.18% 314,469 1.22% 318,293 Supplies 2.00% 313,092 2.00% 319,354 2.00% 325,741 2.00% 332,256 2.00% 338,901 2.00% 345,679 Other Purchased Svcs 2.53% 265,614 0.54% 267,049 0.55% 268,517 0.57% 270,048 0.58% 271,614 0.60% 273,244 Communications 4.43% 176,910 0.00% 176,910 0.00% 176,910 0.00% 176,910 0.00% 176,910 0.00% 176,910 Operation Transfers Out 0.00% 105,500 0.00% 105,500 0.00% 105,500 0.00% 105,500 0.00% 105,500 0.00% 105,500 Programs 13.85% 109,450 0.00% 109,450 0.00% 109,450 0.00% 109,450 0.00% 109,450 0.00% 109,450 Commission 0.00% 2,371 0.00% 2,371 0.00% 2,371 0.00% 2,371 0.00% 2,371 0.00% 2,371 Total Expenses 28,419,807 29,826,020 30,606,589 31,417,861 32,260,352 33,135,209 BN 2019/21 BN 2021/23 BN 2023/25 Revenue 56,008,911 59,708,691 63,709,951 Expenditures 58,245,827 62,024,449 65,395,561 Difference -2,236,916 -2,315,759 -1,685,610 Ashland Park Commission Parks General Fund Projections Revenues Fiscal Year FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 Growth(%) Projection Growth(%) Projection Growth(%) Projection Growth(%) Projection Growth(%) Projection Growth(%) Projection Charges for Services 3.00% 6,710,862 3.00% 6,912,188 3.00% 7,119,553 3.00% 7,333,140 3.00% 7,553,134 3.00% 7,779,728 Miscellaneous Revenues 3.00% 30,900 3.00% 31,827 3.00% 32,782 3.00% 33,765 3.00% 34,778 3.00% 35,822 Interest on Pooled Investments 5.00% 7,350 5.00% 7,718 5.00% 8,103 5.00% 8,509 5.00% 8,934 5.00% 9,381 Operating Transfers In 0.00% 85,000 0.00% 85,000 0.00% 85,000 0.00% 85,000 0.00% 85,000 0.00% 85,000 Intergovernmental Revenue 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 Total Revenues 6,834,112 7,036,732 7,245,439 7,460,414 7,681,846 7,909,931 Expenses Salaries & Wages 2.50% 2,565,421 2.50% 2,629,557 2.50% 2,695,296 2.50% 2,762,678 2.50% 2,831,745 2.50% 2,902,539 Group Health Insurance 5.00% 874,566 5.00% 918,294 5.00% 964,209 5.00% 1,012,419 5.00% 1,063,040 5.00% 1,116,192 PERS 7.00% 638,955 7.00% 683,682 7.00% 731,539 7.00% 782,747 7.00% 837,539 7.00% 896,167 All Other Benefits 3.00% 340,548 3.00% 350,764 3.00% 361,287 3.00% 372,126 3.00% 383,290 3.00% 394,788 Rental, Repair, Maintenance 2.50% 928,409 2.50% 951,619 2.50% 975,410 2.50% 999,795 2.50% 1,024,790 2.50% 1,050,410 Internal Charges & Fees 0.00% 739,046 0.00% 739,046 0.00% 739,046 0.00% 739,046 0.00% 739,046 0.00% 739,046 Contractual Services 2.00% 356,045 2.00% 363,166 2.00% 370,430 2.00% 377,838 2.00% 385,395 2.00% 393,103 Equipment 2.00% 229,500 2.00% 234,090 2.00% 238,772 2.00% 243,547 2.00% 248,418 2.00% 253,387 Supplies 2.00% 127,358 2.00% 129,905 2.00% 132,503 2.00% 135,154 2.00% 137,857 2.00% 140,614 Other Purchased Svcs 2.50% 87,720 2.50% 89,912 2.50% 92,160 2.50% 94,464 2.50% 96,826 2.50% 99,247 Communications 1.00% 39,769 1.00% 40,166 1.00% 40,568 1.00% 40,974 1.00% 41,384 1.00% 41,797 Improvements Other than Bldgs 3.00% 10,300 3.00% 10,609 3.00% 10,927 3.00% 11,255 3.00% 11,593 3.00% 11,941 Programs 2.50% 68,983 2.50% 70,707 2.50% 72,475 2.50% 74,287 2.50% 76,144 2.50% 78,047 Contingency 0.00% 98,000 0.00% 98,000 0.00% 98,000 0.00% 98,000 0.00% 98,000 0.00% 98,000 Insurance 2.00% 11,730 2.00% 11,965 2.00% 12,204 2.00% 12,448 2.00% 12,697 2.00% 12,951 Total Expenses 7,116,349 7,321,484 7,534,826 7,756,778 7,987,763 8,228,228 BN 2019/21 BN 2021/23 BN 2023/25 Revenue 13, 870, 844 14, 705, 853 15, 591, 777 Expenditures 14,437,833 15,291,604 16,215,991 Difference -566,988 -585,752 -624,214