HomeMy WebLinkAbout2018-07-02 Study Session
CITY OF
-AS H LA N D
CITY COUNCIL STUDY SESSION
AGENDA
Monday July 2, 2018
Council Chambers, 1175 E. Main Street
5:30 p.m.
1. Public Input (15 minutes, maximum)
II. Oregon Liquor Control Commission - Local Liquor License Approval Process
III. Pioneer Hall - Draft RFP Review
IV. Summer Water Supply Update
V. City Administrator Updates
Immediately following the study session Council will hold an executive session to conduct
deliberations with persons designated by the governing body to carry on labor negotiations. pursuant
to ORS 190.660(2)(d)
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. SMARTING APRIL 1 2014I
CHARTER CABLE WILL BROADCAST MEETINGS ON CHANNEL 180 OR 181.
VISIT TILE CITY OF ASI ILAND'S V'` FB SITE AT WW\\,'.ASHL.AND.OR.US
Council Stud Session
July 2, 1:
Title: Oregon Liquor License Control Commission (OLCC)-
Local Liquor License Approval Process
Item Type: Presentation
Requested by Council? Yes
From: Melissa Huhtala City Recorder
Melissa.huhtala@ashland.or.us
Discussion Questions:
OLCC's role in the Liquor License process and the City of Ashland's role in the Liquor License
process.
Resource Requirements:
N/A
Suggested Next Steps:
N/A
Policies, Plans and Goals Supported:
AMC Chapter 6.32 Liquor License Review.
Backl4round and Additional Information:
The City Council has asked for a report on the role of the Council regarding the approval or
denial of Liquor Licenses. The Council also asked for information regarding the process on
revoking a Liquor License if there are ongoing issues at an establishment.
Attachments:
OLCC Report
Page 1 of 1 C I T Y O F
-ASHLAND
OREGON LIQUOR CONTROL COMMISSION
• PRESENTATION TO THE CITY OF ASHLAND
July 2, 2018
Introduction
We appreciate your serious review of liquor licensing issues. We value your opinion
and will continue to take it seriously in making licensing decisions.
The intention of this document is to give a brief introduction to the liquor license
process, share answers to some common questions, and open a conversation on the
issues that are important to you.
OLCC's Role in the Liquor License Process
• The OLCC has sole authority to grant and refuse liquor licenses. See ORS 471.045.
• The OLCC is required to grant a liquor license unless there is a basis to refuse it.
See ORS 471.313.
• The standards upon which the OLCC may refuse a liquor license are in Oregon
Revised Statutes (ORS 471.313) and Oregon Administrative Rules (OAR 845,
Division 5). The OLCC must follow these standards to refuse a liquor license.
City of Ashland's Role in the Liquor License Process
• The City of Ashland is authorized to make a recommendation to the OLCC on a
liquor license application before the OLCC makes a decision on the license. See
ORS 471.166.
The City may charge a fee to process an application. See ORS 471.166 (7) and
(8).
For an initial license the City has up to 45 days in which to provide a
recommendation or ask the OLCC for an extension. See ORS 471.166 (2) and
OAR 845-005-0304 (5).
For a renewing license the City has up to 60 days in which to provide a
recommendation or ask the OLCC for an extension. The OLCC license year for
the liquor licenses within the city limits of Ashland is October 1 to September 30.
The OLCC will mail a notification to the City around the end of July; the
notification will include a list of OLCC licensees within the city limits of Ashland.
See ORS 471.166 (3) and OAR 845-005-0304 (6).
• In order for the OLCC to consider an unfavorable recommendation by the City of
Ashland, the basis for City's recommendation must be within the same standards
that the OLCC must follow. Those are 471.313 and OAR 845, Division 5. See OAR
845-005-0308.
City of Ashland
July 2, 2018
Page 1 of 4
OREGON LIQUOR CONTROL COMMISSION
• PRESENTATION TO THE CITY OF ASHLAND
WINNOW July 2, 2018
COMMON QUESTIONS
1. May the OLCC refuse a liquor license based on saturation?
In 1973 the Oregon Court of Appeals held that the OLCC may not refuse a liquor
license based on the number of already licensed premises in the area without first
adopting rules that define the standards for license denial on this basis. The OLCC has
not developed any rules related to the number of licensed premises in a given area.
2. May the OLCC refuse a liquor license based on issues that are not included
in ORS 471.313 or Oregon Administrative Rules OAR 845, Division 5?
The OLCC may not refuse a liquor licensed based on issues that are not included in in
ORS 471.313 or Oregon Administrative Rules OAR 845, Division 5. The common
issues not included (and so the OLCC may not refuse a liquor license based on these
issues) are such things as parking, lighting, traffic congestion, traffic noise,
homelessness, noncompliance with zoning, litter in the area, and nonpayment of
property taxes.
3. May the OLCC refuse a li uor license based exclusively on the fact that the
address of the proposed premises is within a certain proximity of a school?
The OLCC is not allowed to refuse a liquor license based exclusively on the fact that the
address of the proposed premises is within a certain proximity of a school.
However, OAR 845-005-0326(2) does provide a liquor license refusal basis if both of
the following factors are present:
• If the address of the proposed premises is within the city limits and within 500 feet of
a school; AND
• The licensed premises will adversely impact the school.
"Adverse impact" requires a showing that the operation of the licensed premises will
interfere or conflict with the specialized activities of the facility. The burden is on the
claimant to communicate specifically what the projected harm or impact will be to the
facility and how it will occur. Objections to licensed businesses in general or alcohol
consumption in general are not sufficient to show adverse impact.
The adverse impact must be related to the operation of the license privilege (the sale
and service of alcohol), not the general impact of any commercial business. A claim of
negative economic impact doesn't count as adverse impact under this rule. Objections
based on the type of entertainment offered by the proposed premises do not establish
adverse impact.
City of Ashland
July 2, 2018
Page 2 of 4
OREGON LIQUOR CONTROL COMMISSION
PRESENTATION TO THE CITY OF ASHLAND
July 2, 2018
4. May the OLCC restrict the sale of alcoholic beverages associated with
street drinkers?
"Street drinkers" means people who drink unlawfully in street, alleys, parks, and other
similar public places.
The OLCC may place a restriction on the license if all of the following factors are
present:
• The license privilege allows "to-go" sales of beer, wine, or cider; and
• Within the past 12 months in the area within 500 feet of the premises there have
been at least 50 incidents documented by a police report of unlawful drinking of
alcohol in public, disorderly conduct, minor in possession of alcohol, or furnishing
alcohol to a minor.
If all of the factors are present, the OLCC may place these three restrictions on the
license:
1. Licensee may not sell or offer for sale any malt beverages containing more than 6%
alcohol by volume.
2. Licensee may not sell or offer for sale any wine containing more than 13.8% alcohol
by volume.
3. Licensee may not sell or offer for sale any malt beverages in single containers.
5. What is the process when the City has concerns about a business with a
liquor license?
We are interested in your concerns. You may work with us any time of year; there is no
need to wait until the license renewal period. It's best to work with the local OLCC office
in Medford.
Oregon statutes and rules authorize the OLCC to take action on issues related to OLCC
regulations. Here is a list of the issues typically of interest to a city:
• Sale of alcohol to a minor or to a visibly intoxicated person.
• Permitting disorder or unlawful activity.
• Serious and persistent problems either in the business or involving patrons in the
immediate vicinity of the business. The problems in the immediate vicinity of the
business must involve patrons of the business and the problems must be related to
City of Ashland
July 2, 2018
Page 3 of 4
OREGON LIQUOR CONTROL COMMISSION
• • PRESENTATION TO THE CITY OF ASHLAND
lz7q July 2, 2018
the sale and service of alcohol under the license privilege. Examples of common
problems are:
Fights, assaults, altercations, harassment.
Over-service of alcohol.
Unlawful drug activity in the business.
Excessive noise, music, or sound vibrations. As per ORS 471.329:
(a) Noise from the inside of a licensed premises located within the boundaries of
a city or county that has an ordinance regulating excessive noise may be
considered obtrusive or excessive only if the noise violates the ordinance;
(b) Noise caused by patrons outside a licensed premises located within the
boundaries of a city or county that has an ordinance regulating excessive noise
may be considered obtrusive or excessive only if the noise violates the ordinance
or if the noise is of a type that a reasonable person would not expect to hear
outside a premises licensed for the sale of alcoholic beverages; and
(c) Noise caused by patrons inside or outside a licensed premises located within
the boundaries of a city or county that does not have an ordinance regulating
excessive noise may be considered obtrusive or excessive only if the noise is of
the type that a reasonable person would not expect to hear inside or outside a
premises licensed for the sale of alcoholic beverages.
City of Ashland
July 2, 2018
Page 4 of 4
Council Stud Session
July 2, 0:
Title: Pioneer Hall Future - Request for Solicitation
Item Type: Presentation / Review
Requested by Council? Yes
Paula C. Brown PE Public Works Director
From:
paula.brown~ashland.or.us
Adam Hanks Interim City Administrator
adam.hanks(Sashland.or.us
Summary:
Before the Council is a draft Request for Solicitation for the future use of Pioneer Hall. This
item was requested by Council after the April 16. 2018 study session on the potential costs for
long term use of the facility.
Discussion Questions:
Tonight's discussion will focus on the draft Request for Solicitation for the future use of Pioneer
Hall. The goal of the solicitation is to identify and determine the best use of the facility and
property with the intent of continued community use. The solicitation is in draft fonn and will
be further refined by staff in the next week or two prior to being released.
Staff has outlined a few questions to consider for this discussion:
1. The attached Request for Solicitation identifies several desires and conditions to be
addressed. Do these meet the intent of Council?
2. The Pioneer Hall property also has the Community Center on the same lot. If the
property is sold, both facilities would be considered in the sale agreement. Is sale an
option for Council's consideration?
3. The current use and zoning is R-1-7.5 and the property is also in the historic district. Any
potential change in use and/or zoning will require Planning Department approvals. Is
Council receptive to a potential change in use or function?
Resource Requirements:
Funds are not budgeted for the rehabilitation options described in prior council communications.
The solicitation process allows for use of the facility in either a maintenance contract or sale of
the facility. The request for solicitation allows the City to benefit financially for the use or
potential sale of the property.
Page I of 2 C I T Y O F
-ASH LAN D
Suggested Nest Steps:
Staff requests Council accept the Request for Solicitation, provide comments and staff will
proceed with the solicitation process. Council will be engaged through selection.
Policies, Plans and Goals Supported:
1. Evaluate real property and facility assets to strategically support city mission and goals
• Maintain existing infrastructure to meet regulator v requirements and mininiLe 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
4.1 Identify and evaluate underperforming assets
Background and Additional Information:
The Butler Pioneer Log Building, known as Pioneer
Hall, was built in 1921 as the "Pioneer Building of
1
the Southern Oregon Pioneer Society" and has always
been used as a social hall or community building.
Currently the City owns the asset, which is managed
and rented out for public and private events through _
the Parks and Recreation f `
Department. The City
incurs costs for utilities and any general maintenance
but does not receive any additional "rent" from the ~Parks Department. The Parks and Recreation
Department pays for general janitorial services. For the past five years, the City has increasingly
made Pioneer Hall available as a winter shelter for the homeless, staffed by volunteers from local
non- profit and/or community organizations.
i
In early 2017, Council suggested that staff research the possibility of developing a Community
Development Block Grant (CDBG) application for Americans with Disabilities Act (ADA)
renovations to Pioneer Hall in support of the facility's continued use a winter shelter. Resulting
structural and code reports, identifying a number of facility deficiencies, were presented to
Council at a Study Session on September 19, 2017. Design and construction costs for
remediation of identified deficiencies and occupancy classifications were presented to Council at
a study session on April 16, 2018.
The City has clearly reached a decision point in the effort to rehabilitate Pioneer Ball to meet
occupancy classifications of the building. Two options were presented to the Council for
continued operation of the facility. Each option had long-term effects on its future use. Costs to
correct the facility limitations were $325,000-$405,000.
Attachments:
Draft Request for Solicitation
Page 2of2 CITY Of
-ASHLAND
REQUEST
FOR
SOLICITATION
PROJECT # 2018-25
FUTURE OF PIONEER HALL
PROJECT NO: 2018-25
PROJECT TYPE: Agreement / Contract
SOLICITATIONS DUE: AUGUST 9, 2018, Not later than 2:00 PM,
SUBMIT SOLICITATIONS TO: City of Ashland Public Works -
Engineering, at 51 Winburn Way,
Ashland OR 97520;
or by mail to:
20 E. Main Street, Ashland, OR 97520
CITY PROJECT MANAGER: Paula Brown, P.E., Public Works Director
PROJECT DURATION:
IV IF
PUBLIC WORKS ENGINEERING
20 E. MAIN STREET
ASHLAND OR 97520
541/488-5587
it
TABLE OF CONTENTS
TABLE OF CONTENTS ..............................................................................................................................................1
ADVERTISEMENT ...................................................................................................................................................3
SECTION 1- PROJECT OVERVIEW ............................................................................................................................4
1.1 OBJECTIVES ......................................................................................................................................................4
1.2 BACKGROUND INFORMATION ..............................................................................................................................5
1.3 REFERENCE DOCUMENTS ....................................................................................................................................8
SECTION 2 - SCHEDULE ...........................................................................................................................................8
SECTION 3 - EVALUATION CRITERIA ........................................................................................................................8
3.1 PROJECT APPROACH / VISION (20 POINTS POSSIBLE) ..............................................................................................8
3.2 TEAM QUALIFICATIONS AND EXPERIENCE (35 POINTS POSSIBLE) ...............................................................................9
3.3 BUSINESS PLAN / FINANCIAL CAPACITY (30 POINTS POSSIBLE) .................................................................................9
3.4 ENVIRONMENTAL STEWARDSHIP (15 POINTS POSSIBLE) ..........................................................................................9
3.5 TERMINATION FOR DEFAULT (PASS OR FAIL) ........................................................................................................10
3.6 SCORING .......................................................................................................................................................10
SECTION 4 - EVALUATION PROCESS AND CONSULTANT SELECTION 10
4.1 REVIEW AND ACKNOWLEDGMENT OF DEFECTIVE SOLICITATIONS ..............................................................................10
4.2 RIGHT OF REJECTION ........................................................................................................................................10
4.3 REFERENCES ...................................................................................................................................................11
4.4 RESPONSIBILITY ...............................................................................................................................................11
4.5 CLARIFICATION OF RESPONSE ............................................................................................................................11
4.6 INTERVIEWS ...................................................................................................................................................11
4.7 FINALIST SELECTION .........................................................................................................................................12
4.8 TIES AMONG PROPOSERS ..................................................................................................................................12
4.9 NOTICE OF INTENT TO AWARD ...........................................................................................................................12
4.10 CONTRACT NEGOTIATION .................................................................................................................................12
4.11 PROTEST PROCEDURES .....................................................................................................................................12
4.12 RESULTING CONTRACT .....................................................................................................................................13
SECTION 5 - CONTRACT ........................................................................................................................................14
5.1 CONTRACT FORM ............................................................................................................................................14
5.2 BUSINESS LICENSE REQUIRED ............................................................................................................................14
5.3 INSURANCE REQUIREMENTS ..............................................................................................................................14
5.4 LAWS AND REGULATIONS ..................................................................................................................................15
SECTION 6 - INSTRUCTIONS TO PROPOSERS .........................................................................................................15
6.1 GENERAL .......................................................................................................................................................15
6.2 INFORMATION OF RECORD ................................................................................................................................15
6.3 SOLICITATION PREPARATION AND FORMAT ..........................................................................................................16
6.4 SIGNATURE ON SOLICITATION ............................................................................................................................16
6.5 PREPARATION COSTS .......................................................................................................................................16
6.6 CONFORMANCE TO SOLICITATION REQUIREMENTS .................................................................................................16
6.7 DEFINITIONS ..................................................................................................................................................16
6.8 QUESTIONS AND CLARIFICATIONS .......................................................................................................................17
6.9 PROTEST OF REQUIREMENTS .............................................................................................................................17
6.10 PROTEST OF CONTRACT AWARD .........................................................................................................................18
6.11 SOLICITATION MODIFICATION ............................................................................................................................18
6.12 SOLICITATION WITHDRAWALS ...........................................................................................................................18
1
6.13 PROPRIETARY INFORMATION .............................................................................................................................18
6.14 TERMS AND CONDITIONS ..................................................................................................................................19
6.15 SOLICITATION OPENING ....................................................................................................................................19
SECTION 7 -SOLICITATION FORM 20
APPENDIX A- CONTRACT FORM INCLUDING EXHIBIT A 22
APPENDIX B - FORM W-9 22
APPENDIX C - CITY OF ASHLAND LIVING WAGE 22
APPENDIX D- CERTIFICATION REGARDING LOBBYING ..........................................................................................29
I
2
IL41
ADVERTISEMENT
CITY OF ASHLAND PUBLIC WORKS - REQUEST FOR SOLICITATION
The City of Ashland (City) is seeking solicitations from private and/or public constituents for Project
2018-25 FUTURE OF PIONEER HALL. The goal is to define short and long-term options to best utilize and
finance this City asset that has been subject to deferred maintenance and neglect. The City invites
solicitations that identify the best use and addresses costs with either an outright purchase or a contract
with the City along with addressing the following conditions:
• If the solicitation is for a contract lease with the City retaining ownership, the proposer shall
state expectations with the lease requirements and potential lease options
• If the solicitation identifies a purchase of the site (which includes both buildings; Pioneer Hall
and the Community Center), the solicitation shall clearly state expectations for monetary or
other exchange.
• Identify the ability to correct facility deficiencies.
• Provide acknowledgement of land use needs or acceptability.
• Provide financial information as described to define the terms of this solicitation.
Solicitations must be physically received AUGUST 9, 2018, Not later than 2:00 PM, (main lobby clock), in
the City of Ashland Public Works Engineering Office located at 51 Winburn Way, Ashland OR 97520, or
by mail at 20 E. Main Street, Ashland, OR 97520. Proposers mailing solicitations should allow normal
delivery time to ensure the timely receipt of their solicitations. Any solicitation received after the date
and time set for receipt of solicitations will not be considered and will be returned to the proposer
unopened. For further information, contact the City's Project Manager, Paula Brown, P.E., Public Works
Director at 541/488-5587 or by email at paula.brown@ashland.or.us. Consultant selection is anticipated
to result in the issuance of a contract for personal services in the form provided in this RFP.
Solicitation documents may be downloaded from the City's website: . Any addendum that may
be issued, relating to this solicitation will be available on the website and potential proposers are
cautioned to continuously monitor the site for updates and addendum.
All solicitations shall be submitted as set forth in Section 6 - Instructions to Proposers. The City is not
responsible for solicitations submitted in any manner, format, or to any delivery point other than as
required by this Solicitation Document. Solicitations shall be limited to 8 pages.
Consultant selection will be based upon weighed criteria as set forth in the Solicitation Document and
will include criteria such as (but not limited to): similar project experiences, general experience, staffing
availability, schedule and response time.
The City of Ashland reserves the right to reject any and all solicitations, to waive formalities or to accept
any solicitation which appears to serve the best interest of the City of Ashland.
Paula C. Brown, PE, Public Works Director
3
CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR SOLICITATION
PROJECT NO. 2018-25
FUTURE OF PIONEER HALL
SECTION 1- PROJECT OVERVIEW
1.1 Objectives
The City of Ashland (City) is seeking a solicitation from private and/or public constituents for Project
2018-25 FUTURE OF PIONEER HALL. The goal is to define short and long-term options to best utilize and
finance this City asset that has been subject to deferred maintenance and neglect. The City invites
solicitations that identify the best use and addresses costs with either an outright purchase or a contract
lease agreement with the City, along with addressing the following conditions:
1. If the solicitation is for a contract lease with the City retaining ownership, the contract should be
for a minimum of 20 years with possible extensions. The City will not have any responsibilities
of any kind to maintain, repair, improve, alter or incur any expense in connection to Pioneer Hall
or the surrounding grounds. The lease agreement will include payment for all utilities and
services in connection to use of Pioneer Hall. The City will retain responsibility for property taxes
only. If the solicitation is for a contract lease with the City retaining ownership, the potential
contract lease shall be addressed as an addendum to this solicitation (and will not count
toward the 8 page limit for the solicitation). Triple net lease preferred. Details will be
negotiated upon selection.
2. If the solicitation identifies a purchase of the site (which includes both buildings; Pioneer Hall
and the Community Center), the remaining conditions in this section must be satisfied and the
purchase price and any other monetary consideration must be clearly identified.
3. Proposed use should identify the ability to correct known deficiencies as presented to the City
Council on April 16, 2018 (attached to this RFP).
4. Proposed use should be compatible with current use and zoning; R-1-7.5 zone also in the
historic district. Any potential change in use and/or zoning will require complete City of Ashland
Planning Department approvals and the proposer should outline concepts with this solicitation
and validate all assumptions at time of lease/purchase. Please indicate whether the proposed
use requires land use approvals such as Site Review, Annexation, Zone Change, Minor Land
Partition, Demolition, or Conditional Use permits.
5. Indicate whether the project will have any negative impacts on historic or architecturally
significant properties on the environment. All projects will be subjected to an Environmental
Review Report and certain projects depending on scale, i.e. new construction, must undergo an
Environmental Assessment.
6. Proposed use should identify potential environmental stewardship options.
7. Proposed use should retain community and public benefit.
8. Proposed use may include a discussion about a similar use, lease or contract for the adjacent
Community Center facility.
9. Proposed use, operation, security, insurance, and maintenance of Pioneer Hall must be
financially sustainable.
10. Proposed use must comply with all local, state, and federal laws, ordinances, codes and
regulations.
11. Please attach any other statistical data, letters of support, applicable experience of the sponsor,
and evidence of financial support from other funding sources, or other material you believe will
assist the City in its review of your solicitation.
4
1.2 Background Information
Pioneer Hall was originally built in 1921 with the kitchen added
in 1925. Significant restoration and expansion was completed ti _
in 1988. Pioneer Hall is a City-owned building that has
, - tl_s
traditionally been used as a community hall, available by
reservation for public and private events.
The Ashland Women's Civic Improvement Club was founded in,,., v -x
1908 for the purpose of improving and beautifying Ashland. . "'E
The home for this civic organization was built from 1921 to
1922, and was later known as the Winburn Way Community Pioneer Hall circa 1925
Center (source: nps.gov).
After the formal dedication of the clubhouse, the w w
facility was used for meetings, banquets, shows and _
tourist events until it became a USO headquarters
during World War II. After the War it served as the
home of the Ashland Parks and Recreation ~►.:a;n
Department for a number of years. The building
became quite run down, and in 1985 the City of Ashland Community Center circa 1923 (T. Skibby)
Ashland took control of the property, which was restored and rededicated to its original use for local
club meetings, dances, exhibitions and presentations.
Currently the City uses Pioneer Hall as a community gathering rental space under the auspices of the
Parks & Recreation Department. The facility is available for rent by the hours and has two separate
rooms, a kitchen and restrooms. Likewise, the Community Center is also rented by the hour and has a
banquet room, two smaller rooms, full kitchen, stage and restroom.
For the past five plus years, the City has increasingly made Pioneer Hall available as a winter shelter for
the homeless, staffed by volunteers from local non-profit and/or community organizations. In early
2017, Council suggested staff research the possibility of developing a Community Development Block
Grant (CDBG) application for Americans with Disabilities Act (ADA) renovations to Pioneer Hall in
support of the facility's continued use a winter shelter. In response to the council's suggestion, the City
commissioned Steve Ennis Architect (Ennis) to conduct a preliminary structural assessment and code
evaluation of Pioneer Hall. Resulting structural and code reports, identifying a number of facility
deficiencies, were presented to Council at a Study Session on September 19, 2017. Following the
presentation, Council approved the staff suggestion to obtain an estimate of design and construction
costs for remediation of identified deficiencies.
The City again commissioned Ennis to complete design development and cost estimates to inform
Council's decision on the future of Pioneer Hall. Early in the process of design development, Ennis
conferred with the City's contract building official and fire marshal to discuss implications of the
building's occupancy classification. Over the course of several conversations and site visits, it was
established that, under the building's current classification as Assembly Group A-3 (recreation), the
necessary structural improvements would not trigger significant code upgrades if the building continues
to be used exclusively as a community hall. Furthermore, the building official and fire marshal agreed
that use of the building as a regularly-scheduled (i.e. non-emergency) overnight shelter changes the
occupancy classification to Residential Group R-1 (transient lodging).
5
A change in occupancy from A-3 to R-1 automatically triggers substantial code improvements to ensure
the building complies with the minimum requirements for R-1 usage established in the 2014 Oregon
Structural Specialty Code.
The City has clearly reached a decision point in the effort to rehabilitate Pioneer Hall regarding
occupancy classification of the building. During the City Council meeting of April 16, 2018, the council
suggested staff develop a request for solicitations to identify the best community use for the building.
Pioneer Hall (73 Winburn Way) and the Community Center (59 Winburn Way) share a lot (391E09BC
TL2500) on 0.36 acres on Winburn Way. The property is not in the floodway, but is within the Hosler
Dam inundation zone.
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CitV of Ashland Introduction
6
From the annual Oregon Shakespeare Festival to Southern Oregon University, the city of Ashland holds
many cultural gems that please residents and draw a steady stream of visitors. The city is home to a
vibrant downtown and city leaders strongly encourage sustainability. Ashland has a mayor-council
government consisting of a mayor and six council members elected to serve four year terms, and
assisted by citizen committees.
Situated at the southernmost tip of Oregon's scenic Rogue Valley, and just 15 miles from the California
state line, Ashland offers a culturally sophisticated yet friendly small-town vibe. And with 300 days of
sunshine each year, the city is an ideal choice for anyone looking to settle in a mild climate (20 inches of
rain per year in the City) for four distinct seasons, situated at 1950 feet above sea level. Total area of 6.7
square miles, the City hosts a historic community feel, founded in 1852, incorporated in 1874.
The city's population of roughly 20,800 enjoys the perks of not only being in a college town, thanks to
Southern Oregon University, but also in a well-loved tourist destination which began in the mid-1890s as
Ashland joined the Chautauqua circuit.. The town's largest employer is Southern Oregon University
(SOU), which has a faculty and staff of more than 750. In addition to the Oregon Shakespeare Festival
and the university, health-service providers make significant contributions to the economy. Businesses
related to outdoor recreation, transportation, technology, and light manufacturing are also important.
Quick Facts:
Median Age 44
Median Household Income $45,704
Median Home Price $340,200
Median Property Rent $959
Jackson County Airport 15 mi
Land Use Ordinance and Development Standards see also Ashland Municipal Code Section 18
Pioneer Hall (73 Winburn Way) and the Community Center (59 Winburn Way) share a lot (391E09BC
TL2500) on 0.36 acres on Winburn Way. The property is not in the floodway, but is within the Hosler
Dam inundation zone.
The two buildings are in the single-family zone (R-1-7.5), and are also in the historic district. Allowed
density is one single family residential unit and one accessory residential unit per 7500 square foot lot.
Public parks, open space, recreational facilities and schools are also permitted uses. The residential
zone allows uses such as nursing homes, residential care facilities, child care facilities, religious
institutions and hospitals as conditional uses.
A change in the how the property is used, additions, or new structures on the property may require a
planning application and approval. The conditional uses referenced above requires a conditional use
permit. Non-residential buildings like schools or city facilities are subject to basic commercial site review
even if zoned residential. In the historic district overlay, buildings cannot exceed 30 feet in height and
additions and new structures may require compliance with historic district design standards.
Removing the structures would require a Demolition/Relocation Review Permit through the Building
Department. Because the buildings are more than 45 years old, this would require demonstration that
"the structure(s) cannot be rehabilitated or reused on site as part of any economically beneficial use of
the property." In addition, there would need to be an approved demolition debris diversion plan to
keep demolition debris out of the landfill.
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A key issue that arose with a neighboring property to the south had to do with redevelopment
disturbing the steep slopes at the rear of the property and thus necessitating a hillside development
permit through the Planning Department.
Our Engineering Division has previously expressed some concern about historic flooding as it relates to
these properties.
1.3 Reference Documents
SECTION 2 - SCHEDULE
The schedule of events listed below represent City's estimated schedule for this request for solicitation.
This schedule is SUBECT TO CHANGE and will be adjusted as required.
EVENT DAILY COUNT (CALENDAR DAYS) DATE
1. Request for Solicitation Released 0 7/9/2018
2. Last Date for Request for changes/Protest 10 days prior to Solicitation Closing 7/9/2018
for Specifications/Questions
3. Last Date for City to Post Addenda 3 days prior to Solicitation Closing 8/6/2018
4. Closing Date (last day to submit -30 days after Solicitation Release 8/9/2018
Solicitation)
5. Responses Evaluated 15 days after Closing Date 8/24/2018
6. Interviews Held (if necessary) 25+ days after Closing Date 9/4/2018
7. Intent to Award Announced 30 days after Closing Date 9/10/2018
8. Contract Negotiations 40 days after Closing Date 9/20/2018
SECTION 3 - EVALUATION CRITERIA
Written solicitations will be evaluated and scored by City staff and potentially citizen team members. A
contract agreement may be negotiated and awarded based upon the proposer's approach,
qualifications and experience as described below:
3.1 Project Approach / Vision (4 Points Possible)
Describe the team and the team's interested in the project. Indicate your initial approach to completing
the project. Clearly indicate lease or purchase and how the team will meet the requirements set forth in
Section 1.1 of this RFP. Include your team's intent on how to leverage the site's strengths and mitigate
its disadvantages. Describe your readiness to proceed, specifically concerning land use and whether
your organization has the administrative capacity to complete the proposed project. Please also
indicate what use or uses the team is considering for the intended short and long term use of the site,
including anticipated customers and participants, anticipated days/hours of operation, and public and
private uses. All solicitations must clearly demonstrate a public benefit to be derived from the project in
the form of community opportunities. Describe any limitations to the items outlined in Section 1.1 of
this RFP.
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3.2 Team Qualifications and Experience (2 Points Possible)
• Identify project team members, roles, and describe each member's qualifications. Provide
resumes for up to 4 key team members.
• Describe the team's experience in high quality, successful projects of the scale anticipated
for this site. Include images of similar projects, if available.
• Describe the team's previous experience working with public sector partners, and the types
of public- private partnerships formed.
3.3 Business Plan / Financial Capacity (3 Points Possible)
a. Proposers must submit a financial and business plan (as an attachment, not included as a
part of the 8 page limitation) that incorporates all phases of the planned use/development.
b. The plan must clearly identify required capital and anticipated profits and expenses for all
phases of the proposed use, and must indicate a financial benefit to the City.
c. Explain and provide evidence of both current and future financial standing, capacity, and
resources to deliver the project. (Any financial documents submitted to the City should be
placed in a separate envelope and clearly marked as confidential.)
d. Please discuss likely sources and uses of funds. Provide as much information as is warranted,
such as certified financial statements, to make the case that the team possesses the
financing capacity to develop the project site. (Any financial documents submitted to the
City should be placed in a separate envelope and clearly marked as confidential.)
e. Provide audited financial statements and audit opinions for the organization or company for
the past three years. If audited statements are not available, submit compiled financial
statements for the same period.
f. Provide a ten-year litigation history, for the company or organization and its principals,
describing the nature of all claims and the disposition of each.
g. Provide references for the organization or company that are relevant in demonstrating your
ability to successfully operate Pioneer Hall. References may be contacted by the City. In
addition the City may use data obtained from other sources as well as data provided in this
Section in the evaluation of past and present performance of the organization or company.
h. Describe any expectations for public assistance at this stage. The response should include
general statements relating to financial participation, assistance with permits, and other
potential public funding sources.
i. Provide a preliminary estimated time frame to carry out the project(s) and describe if you
envision a phased approach.
j. If a contract lease option is identified as the preferred solicitation, please provide a
suggested lease and lease payment amount and provide information regarding revenue
from the operation of Pioneer Hall that would be used as payment to the City. The
suggested lease and costs are to be an addendum and will not count in the overall page
limitation for the solicitation.
3.4 Environmental Stewardship (1 Point Possible)
• The City values environmental stewardship. Any solicitation that includes elements of
additional environmental benefits or development / programs that encompass strong
elements of environmental stewardship will be given favorable consideration.
• Uses that generate excessive noise pollution or other forms of pollution should be avoided.
• Uses that detract from Lithia Park and the downtown area should be avoided.
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3.5 Termination for Default (Pass or Fail)
Proposers shall indicate if they have had a contract terminated for default in the last five years.
Termination for default is defined as notice to stop performance that was delivered to the Proposer due
to the Proposer's non-performance or poor performance and the issue of performance was either (a)
not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the
Proposer was in default.
NOTE: If a Proposer has had a contract terminated for default in this period, then the Proposer shall
submit full details including the other party's name, address and phone number. City of Ashland will
evaluate the facts and may, at its sole discretion, reject the solicitation on the grounds of past
performance.
3.6 Scoring
CATEGORY POSSIBLE POINTS POINTS SCORING
1. Project Approach / Vision 4
2. Team Qualifications and Experience 2
3. Business Plan / Financial Capacity 3
4. Environmental Stewardship 1
5. Termination for Default P F
Total 10
SECTION 4 • EVALUATION PROCESS AND CONSULTANT SELECTION
Written solicitations will be evaluated and scored by City staff, potentially citizen team members and
likely one or more members of the City Council. The total number of points possible for written
solicitations is 10. If an interview process is desired, additional evaluation and "points" may be scored.
4.1 Review and Acknowledgment of Defective Solicitations
Due to limited resources, City generally will not completely review or analyze solicitations that on their
faces fail to comply with the minimum mandatory requirements of the solicitation documents nor will
City generally investigate the references or qualifications of such solicitations. Therefore, City will not
acknowledge whether or not an unsuccessful solicitation was complete, responsive, responsible,
sufficient, or lawful in any respect. This is a public solicitation, the processes and procedures which are
established and required by Oregon law and City adopted rules. Proposers are advised to strictly follow
the process, procedures, and requirements as set forth in the RFP documents and not anticipate or rely
on any opportunity to negotiate, beyond such limitations that are identified herein.
4.2 Right of Rejection
Proposers must comply with all terms of the RFP, City Rules, and all applicable local, state, and federal
laws, administrative rules and regulations. The City may reject any solicitation that does not comply
with all of the material and substantial terms, conditions, and performance requirements of the RFP.
Proposers may not qualify the solicitation nor restrict the rights of City. If a Proposer does so, the City
may determine the solicitation to be a non-responsive counter-offer and the solicitation may be
rejected.
Minor informalities that may be waived include those that:
• do not affect responsiveness,
• are merely a matter of form or format,
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• do not change the relative standing or otherwise prejudice other offers,
• do not change the meaning or scope of the RFP,
• are trivial, negligible, or immaterial in nature,
• do not reflect a material change in the work, or,
• do not constitute a substantial reservation against a requirement or provision.
City reserves the right to refrain from making an award if the City determines that to be in its best
interest.
A solicitation from a debarred or suspended Proposer shall be rejected.
4.3 References
City reserves the right to investigate any and all references and the past performance information
provided in the solicitation with respect to Respondent's successful performance of similar projects,
compliance with specifications and contractual obligations, completion or delivery of a project on a
schedule, and lawful payment of employees and workers.
City reserves the right to check any and all sources for information and to include sources for
information and to include sources other than the references provided in the Proposer's solicitation.
City may consider information available from any such source including government bodies and
regulatory authorities in evaluating respondents.
4.4 Responsibility
City reserves the right to investigate and evaluate, at any time prior to award and execution of the
Contract, the apparent successful Proposer's responsibility for performing the Contract. Submission of a
signed solicitation shall constitute approval for City to obtain any information City deems necessary to
conduct evaluation. City reserves the right to request additional information or documentation from
the successful Proposer prior to award of contract. Such information may include, but is not limited to,
current and recent balance sheets, income statements, cash flow statements, or a performance bond
from an acceptable surety. Failure to provide this information will result in rescission of City's Intent to
Award.
City may postpone the award of Contract after announcement of the apparent successful Proposer in
order to complete its investigation and evaluation. Failure of the apparent successful Proposer to
demonstrate responsibility shall render the Proposer non-responsible and shall constitute grounds for
rejection of the solicitation.
4.5 Clarification of Response
City reserves the right to request clarification of any item in any solicitation, or to request additional
information necessary to properly evaluate a particular solicitation. All request for clarification and
responses shall be in writing.
During the evaluation of Solicitations, Proposers must respond to any request for clarification from the
Evaluation Committee within 24 hours of request (Monday through Friday). Inability of the Evaluation
Committee to reach a Proposer for clarification and/or failure of a Proposer to respond within the time
stated may result in rejection of the Proposer's Solicitation.
4.6 Interviews
The outcome of the solicitation evaluations may result in placement on an interview (short-listed) with
time and date of the interview. Should City elect to hold interviews, the total additional points possible
for the interview will be 100.
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City may invite up to three (3) of the highest-ranked firms (or at a natural break in scoring) to interview.
The Firm's Key Persons, as identified by City shall be prepared to attend the interview within five (5)
business days of notification by City, and shall be prepared to answer questions provided with the
Interview Invite letter, and questions that will be provided at the time of the interview, and discuss the
Firm's proposed project approach.
4.7 Finalist Selection
The firm with the highest total score as a result of written solicitation scoring and interview scoring, if
conducted, will be considered the Finalist, and all other firms will be ranked according to next highest
score, etc.
4.8 Ties among Proposers
If City determines after the ranking of potential firms, that two or more of them are equally qualified to
be the Finalist, City may select a candidate through any process that the City believes will result in the
best value for taking into account the scope, complexity and nature of the Work. The process shall instill
public confidence through ethical and fair dealing, honesty and good faith on the part of City and
Proposers and shall protect the integrity of the Public contracting process.
As part of the procedure for choosing the Finalist between two or more equally qualified candidates,
City may elect to give a preference to a local consulting firm.
4.9 Notice of Intent to Award
After the completion of the evaluation and ranking, the City will issue a written Notice of Intent to
Award, naming the Finalist, and send copies to all Proposers.
4.10 Contract Negotiation
City will begin negotiating the fees for the project, along with expanded scope of work detail, with the
highest ranked Proposer and specifically, conduct direct negotiations toward obtaining written
agreement on:
a) Contractor's performance obligations and schedule; and any expansion of the Scope of
Work.
b) Contractor's fees, payment methodology, and a maximum amount payable to Contractor
for the Work required under the Contract that is fair and reasonable to City determined
solely by City, taking into account the value, scope, complexity and nature of work.
c) Any other provisions City believes to be in the City's best interest to negotiate.
d) Initial negotiations will be based upon Contract Phase 1.
City shall, either orally or in writing, formally terminate negotiations with the highest ranked Proposer if
City and Proposer are unable for any reason to reach agreement on a Contract within a reasonable
amount of time. City may thereafter negotiate with the second ranked Proposer, and if necessary, with
the third ranked Proposer, and so on, until negotiations result in a Contract. If negotiations with any
Proposer do not result in a Contract within a reasonable amount of time, as determined solely by City,
City may end the particular formal solicitation. Nothing in the rule precludes City from proceeding with
a new formal solicitation for the same Work described in the RFP that failed to result in a Contract.
411 Protest Procedures
City shall provide to all Proposers a copy of the selection notice that City sent to the highest ranked
Proposer. A Qualified Proposer who claims to have been adversely affected or aggrieved by the
selection of the highest ranked Proposer may submit a written protest of the selection to the City. A
Proposer submitting a protest must claim that the protesting Proposer is the highest ranked Proposer
because the Solicitations of all higher ranked Proposers failed to meet the requirements of the RFP or
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because the higher ranked Proposers otherwise are not qualified to perform the Architectural,
Engineering, or Land Surveying Services, or Related Services described in the RFP.
Eligible Proposers protesting award shall follow the procedures described herein. Protests that do not
follow these procedures shall not be considered. This protest procedure constitutes the sole
administrative remedy available to Proposers.
a) Protests must be received within seven (7) days after issuance of the notice of intent to
award the Contract. City will not consider late protests.
b) All protests must be in writing, signed by the protesting party or an authorized Agent. The
protest must specify the grounds for the protest to be considered by the City
c) Protests based on procedural matters will not be considered.
d) City's Public Works Director will review the protest and will fax and mail the protesting party
a written response within three (3) business days of receipt of the written protest to the fax
number and address provided in the bid of solicitation. Any written response may be
comprised of a determination of the protest, a notice to the protesting party of the need for
additional time in which to evaluate the matter, or other notice to the protesting party.
e) If the Public Works Director's determination (response) is adverse to the protester, any
further appeal of the Public Works Director's determination by the party must be submitted
in writing to the City Administrator within three (3) business days of issuance of the Public
Works Director's determination (response).
f) The City Administrator will review any appeal of the Public Works Director's determination
and shall fax and mail, in accordance with the fax number and address provided in the
solicitation, the protesting party a written response within three (3) business days of receipt
of written appeal.
g) If the determination of the City Administrator is adverse to the protesting party's interest,
the protesting party may only appeal to the City Council by filing a written notice of appeal
to the Council with the City Administrator within two (2) business days of issuance of the
City Administrator's written determination.
h) The Council, in considering the protest, shall review the documentation presented to the
Public Works Director and the City Administrator on the next regularly scheduled Council
Meeting, but in no event shall they be required to review in less than ten (10) business days,
and thereafter, base their decision on such material. The Council review will be limited to
the evaluation of compliance with City's policies and procedures, requirements of the RFP
and the equal and fair application of City's contracting rules. The City Council's
determination shall be City's final decision.
An adversely affected or aggrieved proposer must exhaust all avenues of administrative
remedies before seeking judicial review of City's Consultant selection or Award of Contract
decision.
4.12 Resulting Contract
Upon reaching final agreement in regards to fees and final scope of work with an awarded Proposer,
City will issue a Personal Services Contract ('PSC"), in substantially the form as found in the Appendix of
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this RFP document. The PSC will include the City's Standard Terms and Conditions and the final scope of
work and fees.
SECTION 5 - CONTRACT
5.1 Contract Form
The consultant selected by the City will be expected to enter into a written contract in substantially the
same form as attached to this RFP. The solicitation should indicate acceptance of the City's contract
provisions. Suggested reasonable alternatives that do not substantially impair City's rights under the
contract may be submitted as outlined under Section 5.11. Unconditional refusal to accept contract
provisions will result in solicitation rejection.
Contract Duration -
• The final agreement should be completed within 6 months of final acceptance as shown in
section 2; March 10, 2019.
Contract Payment - Contingent upon City's need, consultant's performance and availability of approved
funding, City reserves the right to amend the contract (within the scope of the project described in this
RFP) for additional tasks, project phases and compensation as necessary to complete a particular
project. Proposers are advised that the award and potential dollar amount of the contract under this
RFP will be contingent upon approval by the Ashland City Council acting as the Contract Review Board.
Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in
conformance with contract requirements and applicable standards. The method of compensation will
be determined by the City and may be based upon any one or combination of the following methods:
• Cost plus fixed-fee, up to a maximum NTE amount
• Fixed price for all services. Fixed price per deliverable. Fixed price per milestone
• Time and materials, up to a maximum NTE amount (City preferred method)
• Price per unit
Ashland Living Wage Requirements - Consultant is required to comply with Chapter 3.12 of the Ashland
Municipal Code b at least the living wage as established by the City of Ashland on June 30, 2017 by paying
($14.81 per hour):
• For all hours worked under a service contract between their employer and the City if the
contract exceeds $20,688.86 or more.
• For all hours worked in a month if the employee spends 50% or more of the employee's time in
that month working on a project or portion of business of their employer, if the employer has
ten or more employees and has received financial assistance for the project or business from
the City in excess of $20,688.86.
• Contractor is also required to post the notice included in the appendix predominantly in areas
where it will be seen by all employees.
• In calculating the living wage for full time employees, employers may add the value of health
care, retirement, 401K and IRS eligible cafeteria plans, and other benefits to the employee's
wages. The City of Ashland Living Wage Statement is appended to the sample contract included
in the appendix.
5.2 Business License Required
The selected consultant must have or acquire a current City of Ashland business license prior to
conducting any work under the contact.
5.3 Insurance Requirements
Contactor shall at its own expense provide the following insurance:
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a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject
employers to provide Oregon workers' compensation coverage for all their subject workers.
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 per occurrence. This is to cover damages caused by any error, omission, or negligent
act related to the professional services to be provided under the contract.
c. General Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 per occurrence for bodily injury and property damage. It shall include contractual
liability coverage for the indemnity provided under the contract.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than
$1,000,000 per occurrence for each accident for bodily injury and property damage, including
coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of
limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the
contractor or its insurer(s) to the City.
Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as additional insurers on any insurance policies required herein
but only with respect to contractor's services to be provided under this contract. As evidence of the
insurance coverage required by this contract, the contractor shall furnish acceptable insurance
certificates prior to commencing work under this contact. The certificate will specify all of the parties
who are additional insures. The consultant's insurance is primary and non-contributory. Insuring
companies or entities are subject to the City's acceptance. If requested, complete copies of insurance
policies; trust agreements, etc. shall be provided to the City. The contractor shall be financially
responsible for all pertinent deductibles, self-insured retention and/or self-insurance.
5.4 Laws and Regulations
The proposer is assumed to be familiar with all Federal, State, County or City laws or regulations, which
in any manner affect those engaged or employed in the work or the materials or equipment used or
which in any way affect the conduct of the work, and no pleas of misunderstanding will be considered
on account of ignorance thereof. If the proposer shall discover any provision in these specifications or
project information, plans or contract documents which is contrary to or inconsistent with any law or
regulations, they shall report it to the City of Ashland in writing.
All work performed by the contractor shall be in compliance with all Federal, State, County and local
laws, regulations and ordinances. Unless otherwise specified, the contractor shall be responsible for
applying for applicable permits and licenses.
SECTION 6 - INSTRUCTIONS TO PROPOSERS
6.1 General
All solicitations and any resulting contracts are subject to the provision and requirements of Oregon
Revised Statutes, Sections 279A and 2796. Engineering contracts are further subject to 279C and to the
City of Ashland (City) Municipal Code Section 2.50.
6.2 Information of Record
This Request for Solicitation (RFP) will be distributed through the Oregon Procurement Information
Network (ORPIN). All updates, addendum, and related communications will be published through
ORPIN. All prospective proposers are advised to continuously monitor the website for information
regarding this solicitation. It is the sole responsibility of the proposer to check the website on a timely
basis for critical information regarding the solicitation.
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6.3 Solicitation Preparation and Format
• Solicitations shall be typewritten 12 point font minimum.
• Except for proposer attachments, solicitation form and resumes, the solicitation shall contain no
more than 8 pages.
• Solicitation narrative must follow along with scoring criteria sections
• No oral, telegraphic, telephone or facsimile solicitations shall be accepted.
• The electronic submission of a solicitation will not be permitted.
• To be considered, all solicitations must be received by the City prior to the hour and date of the
advertised solicitation closing.
• A total of ten originals (wet signatures), and complete solicitations shall be submitted to the City
prior to the advertised solicitation closing date.
• 1 digital copy of all submitted documents on CD or thumb drive.
6.4 Signature on Solicitation
Solicitations shall be signed in ink by an authorized representative of the Proposer. Signature on a
solicitation certifies that the solicitation is made without connection with any person, firm or
corporation making a solicitation for the same goods and/or services and is in all respects fair and made
without collusion or fraud. Signature on a solicitation also certifies that the Proposer has read, fully
understands and agrees with all solicitation requirements, terms and conditions. No consideration will
be given to any claim resulting from proposing without fully comprehending all requirements of the
Request for Solicitations.
6.5 Preparation Costs
The City may cancel a solicitation, whether informal or formal, or reject all solicitations, without liability
incurred by City at any time after issuing an RFP, if City believes it is in City's interest to do so.
Consultants responding to RFPs are responsible for all costs they may incur in connection with
submitting Solicitations and responses to RFPs, which includes, but is not limited to: submittal
preparation, submittal, travel expenses, interviews, presentations, or evaluation of any solicitation.
6.6 Conformance to Solicitation Requirements
Solicitations shall conform to the requirements of the Request for Solicitations. All necessary
attachments (Bidder Residency information, Independent Contractor Certification, etc.) shall be
submitted with the solicitation and in the required format. Failure to comply with all requirements may
result in solicitation rejection.
6.7 Definitions
For the purpose of this RFP:
"Agency" or "City" means City of Ashland.
"Business days" means calendar days, excluding Saturdays, Sundays and all City recognized
holidays.
"Calendar days" or "days" means any day appearing on the calendar, whether a weekday, weekend
day, national holiday, State holiday or other day.
"Council" means City of Ashland Council
"Department" means the City of Ashland Engineering Department
"Manager" means the City of Ashland Project Manager
"Proposers"- All firms submitting Solicitations are referred to as Proposers in this document; after
negotiations, an awarded Proposer will be designated as "Consultant".
"Qualification Based Selection" or "QBS" (for the purposes of this RFP) means evaluations and
scoring of solicitations based on qualifications, experiences and project approach, without
considering cost.
"RFP" means Request for Solicitation.
"RFQ" means Request for Qualifications.
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"Scope of Work" means the general character and range of services and supplies needed to
complete the work's purpose and objectives, and an overview of the performance outcomes
expected by Agency.
"Services" means the services to be performed under the Contract by the Consultant.
"Statement of Work" means the specific provision in the final Contract which sets forth and
defines in detail (within the identified Scope of Work) the agreed-upon objectives,
expectations, performance standards, services, deliverables, schedule for delivery and other
obligations.
6.8 Questions and Clarifications
All inquiries, whether relating to the RFP process, administration, deadline or award, or to the intent or
technical aspects of the services, must be submitted in writing to the City's Project Manager listed in the
advertisement for this RFP, at 20 East Main Street, Ashland, Oregon 97520. All questions must be
received not later than ten (10) calendar days prior to the date and time set for closing.
Answers to questions received by City, which are deemed by City to be substantive, will be issued as
official addenda to this RFP to ensure that all proposers base their solicitations on the same information.
When appropriate, as determined by City in its sole discretions, revisions, substitution or clarification of
the RFP or attached terms and conditions, an official addendum to this RFP will be issued. Proposer
shall indicate receipt of all issued addenda by indicating the number of addendum received on the
Solicitation Form.
Any addendum or addenda issued by the City which may include changes, corrections, additions,
interpretations or information, and issued seventy-two (72) hours or more before the scheduled closing
time for submission of bids, Saturday, Sunday and legal holidays not included, shall be binding upon the
proposer. The City may elect to email addendum to registered proposers but will do so as a courtesy
only. All official addendums will be issued through ORPIN and it shall be the proposer's sole
responsibility to acquire any and all addendum pertaining to RFP. The proposer is strongly cautioned to
monitor this site on a continual basis.
6.9 Protest of Requirements
Proposers may submit a written protest of any provision, specification or contract term contained in this
RFP and may request a change to any provision, specification or contract term contained in this RFP, not
later than ten (10) calendar days prior to the advertised solicitation closing date.
A proposer's written protest must meet the following requirements:
• A detailed statement of the legal and factual grounds for the protest.
• The reason for the protest or request for change.
• A statement of the form of relief requested or any proposed changes to the specifications or
contract document.
All protests shall be mailed or otherwise delivered to the City marked as follows:
SOLICITATION PROTEST
Solicitation No. 2018-25
City of Ashland Public Works Dept.
ATTN: Paula Brown, P.E., Public Works Director
20 East Main St
Ashland, OR 97520
City Response: The City may reject without consideration a proposer's protest after the deadline
established for submitting protest. The City shall provide notice to the applicable proposer if it entirely
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rejects a protest. If the City agrees with the proposer's protest, in whole or in part, the City shall either
issue an addendum reflecting its determination or cancel the solicitation.
Extension of Closing: If the City receives a written protest from a proposer in accordance with this rule,
the City may extend closing if the City determines an extension necessary to consider the protest and to
issue addenda, if any, to the solicitation of document.
Judicial review of the City's decision relating to a specification protest shall be in accordance with ORS.
2798.405.
6.10 Protest of Contract Award
Every proposer who submits a solicitation shall be notified of its selection status. Any proposer who
claims to have been adversely affected or aggrieved by the selection or any proposer who contends that
the provisions of the RFP or any aspect of the procurement process has promoted favoritism in the
award of the contract or has substantial diminished competition, must file a written protest to the RFP
within seven (7) calendar days after the date of the selection notice. Failure to file a protest will be
deemed a waiver of any claim by an offeror that the procurement process violates any provision of ORS
Chapter 279A, 2798, 279C the City of Ashland Local Contract Review Board Rules or the City's
procedures for screening and selection of persons to perform personal services.
6.11 Solicitation Modification
Modifications or erasures made before solicitation submission shall be initialed in ink by the person
signing the solicitation. Solicitations, once submitted, may be modified in writing before the time and
date set for solicitation closing. Any modification shall be prepared on company letterhead, shall be
signed by an authorized representative, and shall state that the new document supersedes or modifies
prior solicitation submissions and any other prior solicitation modifications. Solicitation modifications
shall be submitted in a sealed envelope clearly marked "Solicitation Modification," identifying the RFP
number and closing date and time. Proposers may not modify solicitations after solicitation closing date
and time.
6.12 Solicitation Withdrawals
Solicitations may be withdrawn in writing on company letterhead signed by an authorized
representative and received by the Engineering Services Manager prior to the RFP closing time.
Solicitations may be withdrawn in person before closing time upon presentation of appropriate
identification.
6.13 Proprietary Information
The City is subject to the Oregon Public Law (ORS 192.410 to 192.505), which require the City to disclose
all records generated or received in the transaction of City business, expect as expressly exempted in
ORS 192.501, 192.502, or other applicable law. Examples of exemptions that could be relevant include
trade secrets (ORS 192.50 (2)) and computer programs (ORS 192.501(15)). The City will not disclose
records submitted by a Proposer that are exempt from disclosure under the Public Records Law, subject
to the following procedures and limitations.
The entire RFP cannot be marked confidential; nor shall any pricing be marked confidential.
All pages containing the records exempt from disclosure shall be marked "confidential" and segregated
in the following manner:
• It shall be clearly marked in bulk and on each page of the confidential document.
• It shall be kept separate from the other RFP documents in a separate envelope or package
18
• Where the specification conflicts with other formatting and response instruction specifications,
this specification shall prevail.
• Where such conflict occurs, the Proposer is instructed to respond with the following: "Refer to
confidential information enclosed."
• This statement shall be inserted in the place where the requested information was to have been
placed.
Proposers who desire that additional information be treated as confidential must mark those pages as
"confidential"; cite as a specific statutory basis for the exemption, and the reasons why the public
interest would be served by the confidentially. Should a solicitation be submitted as described in this
section no portion of it can be held as confidential unless that portion is segregated as described in the
criteria above.
Notwithstanding the above procedures, the City reserves the right to disclose information that the City
determines, in its sole discretion, is not exempt from disclosure or that the City is directed to disclose by
the City's Attorney, the District Attorney, or a court of competent jurisdiction. Prior to disclosing such
information, the City will notify the Proposer. If the Proposer disagrees with the City's decision, the City
may, but is not required to, enter into an agreement not to disclose the information so long as the
Proposer bears the entire cost, including reasonable attorney's fees, of any legal action, including any
appeals, necessary to defend or support a no-disclosure decision.
6.14 Terms and Conditions
Unless an official addendum has modified or reserved the right to negotiate any terms contained in the
contract or exhibits thereto, City will not negotiate any term or condition after the protest deadline,
except the statement of work, pricing and calendar with the selected proposer. By solicitation
submission, the selected proposer agrees to be bound by the terms and conditions as set forth in this
RFP and as they may have been modified or reserved by City for negotiation. Any solicitation that is
received conditioned upon City's acceptance of any other terms and conditions or rights to negotiate
will be rejected.
6.15 Solicitation Opening
Unless otherwise provided by Law or Rule, solicitations received in response to this Request for
Solicitations shall be publicly opened at scheduled closing date and time at the Engineering Services
Building at 51 Winburn Way, Ashland, Oregon 97520. Proposers who attend the RFP opening shall be
informed only of the names of the Proposers submitting solicitations. No other information shall be
available and no copies of the solicitations shall be made. Award decisions will NOT be made at the
opening.
19
SECTION 7 - SOLICITATION FORM
Solicitations should be prepared and organized in a clear and concise manner, and must include all
information required by RFP. Headers, Titles or Tabs should be used to identify required information.
Responses to the Evaluation Criteria found in Section 6 shall be organized in the same order listed in
that Section, preferably by re-stating the Criteria, then responding below.
REQUIRED RESPONSE DOCUMENTS
THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE:
(Place a check in front of the item indicating inclusion in your response)
❑ RESPONSE TO ALL EVALUATION CRITERIA listed in Section 6
❑ SECTION 8-Solicitation Form
❑ Bidder Residency Information
❑ Independent contractor Certification
MWESB INFORMATION
City encourages contracting with minority owned, woman owned, and emerging small business
(MWESB). The State of Oregon offers a certification process. Indicate below if your business is a
MWESB and if so, which categories have been state certified. MWESB certified? Yes_ No_. If yes,
indicate which categories below:
Minority Owned- Woman Owned- Emerging Small Business- Veteran Owned_
ACKNOWLEDGMENT OF RECEIPT OF ADDENDATO SOLICITATION DOCUMENTS:
Proposer acknowledges receipt of Addenda and agrees to be bound by their contents.
Circle each RFP addendum received: 1, 2, 3, 4, 5, 6, 7, 8, 9,10
Check if not applicable or no addenda were received: _
OSBEELS / OSBGE / ORBAE No.(s)
Provide name(s), title(s), and certification number(s) for each Key Person listed under Section 6.3 (b).
Attach additional sheet if necessary)
Name: Title: Certification No:
Name: Title: Certification No:
Name: Title: Certification No:
Name: Title: Certification No:
Name: Title: Certification No:
Name: Title: Certification No:
20
PROPOSER INFORMATION:
Proposer Company Name
Company Address (from which work will be performed)
Telephone Number Fax Number FEDERAL ID NUMBER
Person Signing RFP Title
Signature:
Email Address:
21
I
APPENDIX A- CONTRACT FORM INCLUDING EXHIBIT A,
APPENDIX 8 - FORM W-9
APPENDIX C- CITY OF ASHLAND LIVING WAGE
22
Contract for Personal Services
CITY OF CONSULTANT:
ASHLAND CONTACT:
20 East Main Street
Ashland, Oregon 97520 ADDRESS:
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE:
EMAIL:
EFFECTIVE DATE: TERM/COMPLETION DATE:
NOT TO EXCEED AMOUNT:
SERVICES TO BE PROVIDED:
ADDITIONAL TERMS:
In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take
precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a
manner that will not conflict with the said primary City of Ashland Contract.
FINDINGS:
Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and
determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor
resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal
services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform
the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5)
the consultant's solicitation will best serve the needs of the City; and (6) the compensation negotiated herein is fair and
reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely
terminated, payments will be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $20,688.86 or more, Consultant is required to comply
with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any Subcontractor who performs 50% or more of the service work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and against all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages
resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to
property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including
but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services
attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
10. Termination:
a. Mutual Consent. This contract may be terminated at an time b the mutual written consent of both
Contract for Personal Services less than $35,000.00, 06/19/2017 23
parties.
b. City's Convenience. This contract may be terminated at any time by City upon not less than 30 days'
prior written notice delivered by certified mail or in person.
G. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
I. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
ill. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Chapter 656 for all persons employed to perform work pursuant
to this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its sole expense provide the following types of insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000
(two million dollars) per occurrence. This is to cover damages caused by any error, omission or negligent act
related to the professional services to be provided under this Contract.
C. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two
million dollars) per occurrence for Bodily Injury and Property Damage.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000
(one million dollars) for each accident for Bodily Injury and Property Damage, including coverage for owned, hired
or non-owned vehicles, as applicable.
Contract for Personal Services less than $35,000.00, 06/19/2017 24
e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional
Liability and Workers' Compensation, required herein, but only with respect to Consultant's services to be provided
under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance
coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to
commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds.
Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance
policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all
pertinent deductibles, self-insured retentions and/or self-insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference.
Consultant: City of Ashland
By By
Signature Department Head
Print Name Print Name
Title Date
W-9 One copy of a W-9 is to be submitted with
the signed contract. Purchase Order No.
Contract for Personal Services less than $35,000.00, 06/19/2017 25
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that
(a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting
for the number to be issued to it and (b) Contractor is not subject to backup withholding
because (i) it is exempt from backup withholding or (ii) it has not been notified by the
Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a
failure to report all interest or dividends, or (iii) the IRS has notified it that it is
no longer subject to backup withholding. Contractor further represents and warrants to
City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of
Contractor enforceable in accordance with its terms, (c) the work under the Contract shall
be performed in accordance with the highest professional standards, and (d) Contractor is
qualified, professionally competent and duly licensed to perform the work. Contractor
also certifies under penalty of perjury that its business is not in violation of any
Oregon tax laws, it is an independent Contractor as defined in the contract documents, it
is authorized to do business in Oregon, it is authorized to act on behalf of the City, and
Contractor has checked four or more of the following criteria that apply to its business.
(1) I carry out the labor or services at a location separate from my residence or
is in a specific portion of my residence, set aside as the location of the
business.
(2) Commercial advertising or business cards or a trade association membership
are purchased for the business.
(3) Telephone listing is used for the business separate from the personal
residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a
period of one year.
(6) I assume financial responsibility for defective workmanship or for service
not provided as evidenced by the ownership of performance bonds, warranties,
errors and omission insurance or liability insurance relating to the labor or
services to be provided.
CITY OF ASHLAND, OREGON
City of Ashland
Contract for Personal Services less than $35,000.00, 06/19/2017 26
i iXiiN a
comply ALL employers described
below must WAGE
. Ashland laws regulating
per hour, effective June 30, 2017.
The Living Wage is adjusted annually every
June 30 by the Consumer Price Index.
working on a project or portion of employers may add the value of
business of their employer, if the health care, retirement, 401 K and IRS
employer has ten or more employees, eligible cafeteria plans (including
and has received financial assistance childcare) benefits to the amount of
For all hours worked under a service for the project or business from the wages received by the employee.
contract between their employer and City of Ashland in excess of
the City of Ashland if the contract $20,688.86. ➢ Note: For temporary and part-time
exceeds $20,688.86 or more. employees, the Living Wage does not
➢ If their employer is the City of apply to the first 1040 hours worked in
➢ For all hours worked in a month if the Ashland, including the Parks and any calendar year. For more details,
employee spends 50% or more of the Recreation Department. please see Ashland Municipal Code
employee's time in that month Section 3.12.020.
➢ In calculating the living wage,
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.ashiand.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be
seen by all employees.
CITY OF
-ASHLAND
Contract for Personal Services less than $35,000.00, 06/19/2017 27
=tin W-9 Request for Taxpayer Give Form to the
CPEparmLgV Or rie 201.3: T!AitlF Identification Number and Certification rendto er.Donot
Cepar~rt at rt y send to the IRS.
nteT~+ P.za3,4e Se,^#i::.e
Name ;as shorn or: your Mare tax retuMl
BII17ess ;-amB`d15regaroed W.11ty name, T different from above
Mm
Check appropriate box for federal tax ctasstncat?on: Exemptions (See In-tructla-W,-,
❑ it alvlauat%sake orepro-tcr ❑ C oorpofa*.io ❑ s Ccrporatrn ❑ Partners:-!p ❑ 7ruwestate
EL c Exempt payee code y1r arryt
0 ❑ Llnlted lisallty con-parry. Enter the lax classllcation (,C-C corporation, S= corporation, P-part-ershp; ► Frampton from FATu4 rep- Irr
e ;ode pf arty;
CL ❑ Other ;see Instutlsonsj ►
v- Aas+ress grunter, street and apt. or suite no.t Requester's,-ane and a m>ess ooucrla¢
g.
yy Cly, state, and Z0 cxKs-
W
Ust account nurnber(si here toyotlonan
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box- The TIN provided must match the name g even on the "Dame' line Social security rasrritrer
avoid backup withholding. individuals, this is your Jre al security number page However, for
resident alien, sale le proprietor. or disregarded entity, see the ?art I instructions cr page 3. For artier
re a - m -
entities. it is your employer identification numbx {EIN). If you do not haay a number. see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number
number to enter.
Certification
Umber penalties of perjury, I oertify that:
1. The number shown m 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 fbj I hm-e not been notified by the Internal Revenue
Service QRSI that : 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 codes) entered on tttis form {if any indicating that I am exempt from FATCA reportimg is correct.
Certification instructions. You must cross out item 2 abase 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. Fox 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 ORA), 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 on page 3.
Sign SVnattre of
Here U.S.persmil, Date►
General Instructions Nmri ieing tax rclretg-. part--ers' snare cf eerec:trey xmectc4 ncame. Eno
4- Certlry teat FATu4 cocWs, er':erec or this form pr any) ndicatng that you are
SeCt•:n refe ences a -e to t,e Int--r^.aI Revun.:e Code unless c -."is9 rated. exeT pt Trop the =AT:.4 repornrg, ,s correct.
Puhre developments. Tne IRS ras creased a page on IF`..3.gov for inTorn3:kin Note.!* you a-e a U.S. perso r, and a requester g.%--s you a form other than Fern
atout Fom'rV-9, a: www.Ats.govrw9. InfaTa:lm about any ri0.re ciemoprwits W-9 to recuesl yclr TN. you must use the requesters rare rt It 4 amstartlally
artft-tng Fern W-9 ~s'.,cr as s?yrala:k . enacted alter vlt re~ese tt., wit tie pos= Vn:Ar tc• this Form W-9.
or that page.
[erlntttorr of a U.B. person. For federal tax purposes, you are Cxinsacs±red a U .S.
Purpose of Form perso- yyui are:
A person wro:s required to `e a .^ti7aticn retun with "FIS must obtain your • An lndlvla:al who is a U.S- Utzen or U.S. reslctant allen-
cor-eci taxpayer Ide-&-aton nu,rr_r MN) to report. for exarro4, no ome pals to • A p3rt,ers1lp, ccrpo'aticn, company. or assCClatlcn created or organized in the
you- payments na a to you in set:Ierrem V partner.- card a rd thhd party network United States or under tree taws of tt>= United states,
trar..EaWors, real estate transactky,s, mortgage Interest ynu pas„ acquisition or . An e5tate.Uther than a rcrek]n estate}. or
at -dorment [Y seo fired property, cancevatrn et sect, o contritialor s you mace
tc an IPA • Accrrrstlc trust W. deflned In Regu'Atons section 301.7741-,j.
uSF Forn W-9 ony If yon are a L+.5. person iindudng a resz.ent allenj. to special ruler. for partnerships. page rsrim teat corld.,ct a trace or buslress r
o-ome your correct TN to the person requesting it {tree requester') and. when tree 1 Asa Mates are g=r)--raay requred to pay a wltmocing talc u-tler section
appltoatie. to: 1446 on a?y foreegn pa tr rV share ct eff= cllvety o ornected taxable ncome horn
s;;Oi 7.;sness. punter. In certal^ case: %here a Fear W-9 `as not o?em recelval-
'.Carling that t ,-e TIN you are giving Is comer-' for you are waRx g for a number the rule ur,(W sectcn 1446 require a pa7nership to presune t-.al a partner :s a
to be Issued), 'orelg: person, ar:d pay the section 114E wlth.oldlrg tax. The-ercre. If vo; are a
2. CenVy treat you are rr1, SU1119Ct to ZGCKtn wltreioldng, cr U.S. person t,.at Is a pannier in part-ershp ccn +icting a trace or tusln?ss In the
3. Ciam exemption iron tack.p wl hroding Ir ytru are a U' S. rxHrpt payee. If U^tt 1 States. Provo, Fom W-9 to t e pa~rrrsh7 to e5 atllsh parr U.S. status
appllrabe, yD i are sisc re ttlring t-at as a u .S. pe-cn, yo.,r alocetle share or arr_ avcld Becton 1,446 wit-holdrlg on your share of partnKEhlp Iri cne.
any patiershlp Incone fren a U.S. trams or tusirKSE r not suzziec to t-e
Ca:. t.-,- 1C231X Forn w-9(Rev.2-2013:
28
APPENDIX D- CERTIFICATION REGARDING LOBBYING
29
Council Stud Session
July 2, 1:
Title: Water Supply and Demand Update
Item Type: Informational
Requested by Council? Yes
From: Paula Brown Public Works Director
Paula. brown O)ashland.or.us
Julie Smitherman Water Conservation Specialist
Julie.smitherman(a-)_ashland.or.us
Discussion Questions:
This item discusses the current state of the City's water supply and demand today, and staff's
plans as we go through the summer. We anticipate a drier year and a need for conservation
efforts. Questions might include:
■ Is the City's prioritization of raw water use appropriate; Right Water Right Use?
■ Is staff's approach to water conservation measures pertinent for the summer of 2018?
Resource Requirements:
The water fund is appropriately funded for the remainder of the biennial budget.
Sua2ested Next Steps:
Reeder Reservoir was 100% full for the majority of June and is now beginning to slowly drop
(99% on June 25`h). The inflow of water in both the east and west forks of Ashland Creek is still
higher than the City's water use (inflow total was 5.69 million gallons, and dropping, while
water use was 4.69 million gallons on our peak ambient temperature day of 95°F on June 201)
Based on this year's snowpack levels, staff plans to follow the normal Reeder Reservoir
drawdown curve and augment the treatment plant with raw water from Talent Irrigation District
(TID) early in the season beginning the first of July. Staff will monitor that water source and
intends to use TID throughout the month of July. At this point, staff does not anticipate the use
of TID water for potable use to impact normal irrigation use. In addition, our water conservation
staff will continue to promote water conservation programs and goals, and assist customers with
ways to reduce water use.
Policies, Plans and Goals Supported:
• Water Master Plan - "Adopt an integrated water master plan that addresses long-term
water supply including climate change issues, security and redundancy, watershed health,
conservation and reuse and stream health."
• Water Management & Conservation Plan
• Climate and Energy Action Plan
Page Iof5 CITY Of
-AS H LA N D
Background and Additional Information:
Sources: The City has 3 distinct sources of water; Reeder- Reservoir and Ashland Creek water,
Talent Irrigation District (T1D) and the Talent-Ashland-Phoenix (TAP) Intertie from the
Medford Water Commission.
■ Reeder Reservoir has a storage capacity of 260 million gallons (MG) of flows from the
east and west forks of Ashland Creek and typically supplies all of the City's raw water
required for residential and commercial use. The City has water rights totaling -29 cubic
feet per second (efs) from Ashland Creek flows and a storage right of 800 acre feet in
Reeder Reservoir (1927). The current water treatment plant can only treat -15.5 cfs.
Storage, especially in the summer months is the limiting factor.
■ TID - the City has rights to a total of 1,369 acre feet of domestic/municipal and irrigation
water rights. The irrigation season runs from April to October.
0 769 acre feet (Hyatt Reservoir via Ashland Canal) -perpetual domestic right
0 600 acre feet BOR/TID municipal use (Howard Prairie via Ashland Canal)
■ TAP - the City has the rights to 1,000 acre feet of water for municipal use from Lost
Creek Lake through the Medford-TAP project. Water is delivered through the use of two
vertical turbine pumps for a total capacity of 2.13 mad pumping at a rate of 1,730 gpm.
■ Treated Water Storage - The City has 4 storage reservoirs with a total of 6.8 MG.
(Crowson, Alsing, Granite each have 2.1 MG, and Fallon is 0.5 MG)
As of June 23`d, Reeder Reservoir was 100% full and just beginning to drop. The inflow from
both the east and west forks of Ashland Creek could keep the reservoir full for the next several
weeks if no power is generated. Without any new precipitation, the reservoir level will begin to
drop as we are starting to see today. Conservation efforts will help to maintain higher reservoir
levels. A check with future weather forecasts shows slightly higher ambient temperatures in July
and the first half of August and little to no precipitation.
The TID system water volumes are lower than desired, but as stated on the district's website, the
reservoirs at Emigrant, Hyatt and Howard Prairie are holding up slightly better than expected
with Emigrant at roughly ,b;i4 ~~ad
67% full or 26,198 acre feet
whereas the average for this
time of year is around 85%.
Hyatt is struggling at 36% of
full or 5,900 acre feet with
the average for this time of
year typically around 10,000
acre feet or 62% of fiill pool. Meate~a
Howard Prairie is drawing
a, i.ea opt,
down as expected with 57%
full or 34,735 acre feet; the
average for this time of year =i^
is around 75%. Cooler
weather and sporadic
showers have helped to keep _ -
demand and crop needs
Page 2of5 CITY OF
-ASHLAND
slightly lower than normal, but TID is still well behind an average water year. TID requests
users to continue to practice good conservation measures and still anticipates a somewhat
shortened year with shutdown around mid to late September, depending on weather and demand.
Staff will use TID water to augment our primary source of Ashland Creek water as Reeder
Reservoir begins to drop in July. TID augmentation will continue through July. If necessary, the
City can use TAP to further augment water supplies in August. Staff completed a full operational
test of the TAP system for two weeks in June 2018 to ensure viability of the system if needed.
Treated Water Use (2016 information):
2016 Water Consumption by Customer Class
■ Average daily demand 2.9 mgd ~canmer°; IF*s
■ Population (2016) served by the water
system was approximately 20,620.
■ 8796 customer connections; Co. eras,
■ 81% single family, 7% multi-family, 7% 10.
commercial, 1% commercial residential, 3% u".l
irrigation, 2% gov/municipal
■ Winter average daily: 2 MGD ~m
,9%
■ Summer average daily: 5.6 MGD
■ Summer peak day: 6 MGD (hourly higher)
o Lower than 2009: 7.3 MGD peak G°v 3%°'~~
■ Irrigation about 19%• mostly summer use
Conservation Strategies: Although we have seen higher snowpack levels this year than in
2015, we still need to continue to use water efficiently and invest in long-term conservation
measures, not only to minimize the impact of future limitations, but to also ensure we have a
sufficient supply to sustain our community for years to come.
In conjunction with water supply strategies, the water conservation team continues to offer our
water customers the following programs:
• A lawn replacement rebate for removal of irrigated lawns that are replaced with low
water use landscapes and efficient irrigation systems.
• Free irrigation system evaluations and free indoor water use analyses. In most cases,
these detailed evaluations of individual systems will uncover ongoing water waste.
• Rebates are available for installing high efficiency WaterSense labeled toilets and Energy
Star labeled washing machines.
• Free low flow showerheads, faucet aerators and spray rinse valves for commercial
dishwashing are available for residences and businesses to reduce indoor water
consumption.
• Water Wise Landscaping website, www.ashlarndsaveswater.org, to help people design
landscapes with plants that use less water.
• Public presentations on the importance of making long-term water efficiency changes, as
well as information on the City's drinking water source and overall water supply system
operation.
Page 3 of 5 CITY OF
-ASH LAN D
Additional Measures:
• Love Your Water Campaign - Reusable bags for customers who sign up for a water
evaluation, either indoor or outdoor.
• Graywater & Rainwater Catchment Workshops and Resources - We held two all day
graywater workshops this spring. One was on May 19`n and was directed toward
landscape, plumbing and building professionals and the other was for homeowners held
on June 16'n
• Movie Theater Ad - To help promote the efficient use of the community's resources, a
combined water and energy conservation ad has been created that will play at both movie
theaters for the next three months.
• City Owned Property Irrigation Upgrades - We are currently working with the Parks
Department to replace inefficient sprinklers on the Siskiyou medians with sprinklers that
will apply water more evenly, thus reducing the amount of water needed.
• Manage the landscaping and watering at the median coming into the downtown area.
The lawn was replaced with drought tolerant, fire-wise, deer resistant plants and the
irrigation system was converted to low volume subsurface irrigation. We have seen a
consistent water reduction of approximately 85% from making those changes.
• Southern Oregon Landscape Association - staff provides education and support to local
landscape contractors on water efficiency in the landscape.
• Kid's Conservation Corner Webpage - staff are developing a web page just for kids, all
about using water wisely.
• Continually researching new technologies in water efficiency and evaluating future
programs and incentives to help our customers.
Many of the City's residents take advantage of the City's efficiency programs and as a result we
have estimated long term reduction in water use over the last five years of 23 million gallons per
year. That is a reduction of roughly 65,000 gallons of water per day.
2017-18 Snow Pack: As of May 1, 2018 there was 22 inches of snow recorded at the Big Red
Mountain SNOTEL Site just southwest of Ashland. There are also three additional sites on Mt.
Ashland that are measured manually at the end of each month by the Jackson County Water
Master. These SNOTEL sites provide valuable snowpack and related climate data that allow us
to analyze the City's water supply conditions for the year. While this year we didn't receive as
much snow as we did in last year, there was still more snowpack recorded on this day than in
2015. The table on the next page shows historic snowpack data at the various sites.
Pa<-e 4 ot'5 CITY OF
-ASHLAND
SNOWPACK DATA FOR THE ASHLAND CREEK WATERSHED
Big Red Mountain 5,050 ft. May 1st
2009 2012 2013 2014 2015 2016 2017 2018
SVVE' 18.4 24.5 16.1 3.E. 0 24.1 39 10.1
% of Median SWE" 78'6 10435 77% 15% 0% 103% 166% 43%
Snow Depth (in..) 42 58 35 E 0 53 83 22
Callban 6,500 ft. May 1st
2009 2012 2013 2014 2015 2016 2017 2018
SWE' 17.8 32.6 24.2 0 2.8 27.7 47 11
% of Median SWE'• 61% 112% 83% Cr% 10% 95% 161% 38%
Snow Depth (in.) 42 75 52 0 6 60 104 32
Mt Ashland switchback 6,430 ft. May 1st
2009 2012 2013 2014 2015 2016 2017 2018
SWE' 17.2 32.3 20.7 0 0.8 29.9 44.3 8
of Median SWE" 56% 106% 69% 0% 396 75% 145% 26%
Snow Depth (in.) 41 74 44 0 1 53 99 23
Mt. Ashland Ski Bowl Road 6,070ft. May 1st
2009 2012 2013 2014 2015 2016 2017 2018
SWE' 12.7 22.2 5 0 C. 11.6 28.7 2.2
% of Median SWE" 59% 10335 23'5 0% 0% 54% 13395 10%
Snow Depth (in_) 30 52 10 0 0 24 62 6
SWE - Snow Water Equivalent -Amount of water held in the sn owpack
" Median -The median is the middle point of a number set, in which half the numbers are above the median and half are
be low-
7
N M~ 'TYF'
M"''r 1 ram 1 ,
AVOU
yn ~ •
t
i
L, 1, S.,L_,: I•.~.
Oregon Snow Survey - Natural Resource Conservation Service (NRCS)
h,"Ce- ~n.ti^n.nres usaa ~~c~;nr_~s:'por:3lr'nr: lac:ailfulVorrsro.+r'?cic=stelprdb1266c6€
Page 5of5 CITY OF
-ASH LAN D