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HomeMy WebLinkAbout2010-0907 Regular Mtg PACKET CITY OF ASHLAND AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 7,2010 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? . [5 minutes] 1. Executive Session of August 17, 2010 2. Regular Meeting of August 17, 2010 VI. SPECIAL PRESENTATIONS & AWARDS None VII. CONSENT AGENDA [5 minutes] 1. Will Council approve the minutes of Boards, Commissions, and Committees? 2. Does Council wish to confirm the Mayor's appointment of Barb Barasa to the Housing Commission with a term to expire April 30, 2012? 3. Does Council have any questions about the current schedule to refinance the DEQ loan as authorized by Resolution 2010-11? 4. Should Council approve a resolution adjusting the FY 2010-2011 Budget to create appropriations and authorize expenditures for unanticipated expenses during this year? 5. Should Council, acting as the Local Contracts Review Board, approve a Special Procurement and enter into a contract with Small Woodland Service, Inc.? 6. Will Council approve a Federal Aviation Administration (FAA) construction grant for the Airport Improvement Project -Runway (AlP) Rehabilitation and Precision Approach Path Indicator (PAPI) light installation in the amount of $1 ,581,949.00? 7. Will Council, acting as the Local Contract Review Board, award an engineering services conlract to Reid Middleton to provide construction administration services and a construction contract with Knife River Materials to provide construction COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASIILAND.CJR.US services for the Airport Improvement Project-Runway Rehabilitation and PAPI installation? 8. Will Council, acting as the Local Contract Review Board, approve the award of a contract to Taylor Site Development Inc. to construct the Jefferson Avenue Improvement Project No. 2005-10? VIII. PUBLIC HEARINGS {Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC S2.04.050}) None. IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] X. UNFINISHED BUSINESS None. XI. NEW AND MISCELLANEOUS BUSINESS 1. Whom will Council designate as the voting delegate and alternate voting delegate for the annual LOC membership meeting, occurring on September 25, 2010? 2. Does the City Council want to set a Public Hearing for September 21, 2010, to consider adjusting utility rates effective November 1, 2010? [15 Minutes] XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Will Council approve Second Reading of ordinance titled, "An Ordinance Relating to Adoption of the Oregon Fire Code and Amending AMC Chapter 15.28"? [10 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Preliminary report on the Oak Knoll Fire of August 24,201 O? [30 Minutes] XIV. ADJOURNMENT 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 i\RE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEll SITE AT WWW.ASHLAND.CJR.US ASHLAND CITY COUNCIL MEET/NG August /7. 20/0 Page / 0[9 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 17, 2010 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Planning Commission, Public Arts Commission, Housing Commission, Conservation Commission and Tree Commission. The last item on the agenda regarding supporting the Ocean Policy Advisory Council's (OPAC) recommendations was pulled per OPAC's request. Mayor Stromberg announced the passing of City volunteer Olaf Paul. Police Chief Terry Holderness described Mr. Paul's dedication to the Police Department as a volunteer and expressed his appreciation. Mayor Stromberg held a moment of silence in his honor. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The Regular Meeti'.'g minutes of August 3, 2010 were approved as presented. SPECIAL PRESENTATIONS & AWARDS - None CONSENT AGENDA 1. Will Council approve the minutes of Boards, Commissions, and Committees? 2. Does Council wish to approve annual renewals on liquor licenses as requested by Oregon State Liquor Commission? 3. Will Council approve the donation of a surplus ambulance to the Warner Valley First Responders in Plush, Oregon? 4. Does Council wish to confirm the Mayor's appointment of Kerry Kencairn to the Historic Commission with a term ending April 30, 20B? . 5. Does Council approve the recommendation of the Public Art Commission to implement another round of Reflections of Ash/and: Utility Box Beautification Project? Senator Jason Atkinson spoke regarding the donation ofthe ambulance and offered his appreciation to the City of Ashland. Councilor Jackson/Chapman mfs to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS - None PUBLIC FORUM Peter Nemzek/307.Starl1ower LanelProvided slides of the fire that occurred August 13,2010 adjacent to his property that depicted heavy growth of non-native blackberry bushes and an overgrown riparian stream that created extreme fire danger. He requested the City clean up the area to prevent future fires. ASHLAND CITY COUNCIL MEETING August 17.2010 Page 2 of9 Ahna. Lich/307 Starflower Lane/Explained the fire made her feel frightened and not safe in her home and wanted action taken to prevent future fires. She expressed frustration with the legal process and stated the fire was preventable. Addressing the overgrowth was an emergency and she wanted immediate action taken to avoid a repeat. Russ Dixon/975 Bellview AvennelIntroduced himself as the owner of Reclaim Incorporated that specialized in blackberry removal. He was also an assessor for the Oregon State Department of Forestry for Ladder Fuel Reduction and noted other credentials. At Mr. Nemzek's request, he surveyed the property adjacent to Mr. Nemzek and expressed concern there was potential for a major fire hazard. He was not sure what the City could do but urged Council to remove the overgrowth and offered his assistance. Fire Chief John Karns eXplained several of the properties in question were in the weed abatement process. Fire Marshal Margueritte Hickman confirmed the. privately owned properties would complete the Weed Abatement process August 18,2010 and were just starting the Blackberry Abatement process. The Fire Department was starting both abatement processes for property owned by Redco Development Corporation. Fire Marshal Hickman provided history on the Abatement programs, the Fire Department's recent involvement, the process and the large amount of staff time involved. The Fire Department plans to streamline the process and address billing property owners whose failure to comply increases costs for the City. City Attorney Richard Appicello explained there were provisions in the code for summary abatement issues to expedite dangerous situations. UNFINISHED BUSINESS 1. Will Council accept one of the two proposals received for the beneficial use of the Imperatrice Ranch property and authorize staff to negotiate a contract with Standing Stone Brewing Co.? Engineering Services Manager Jim Olson presented the history and options considered for the use of the Imperatrice property that resulted in a Request for Proposal (RFP). He explained the parameters of the RFP, scoring criteria and the review team that participated in scoring the proposals. The Public Benefit average for the Standing Stone Brewing Company was 9.3 and Natural Light was 13.7. The Standing Stone Brewing Company proposal was just umler $11,000. / Ron Roth/6950 Old Hwy S/Submitted an article into the record from the August 10, 20 I 0 New York Times about Portugal converting to clean energy. There were many possibilities for the Imperatrice property including renewable energy, wind and solar, agricultural possibilities and bicycle trails. He wanted a process where the City was not in charge but involved in a series of meetings similar to the process used for planning North Mountain Park. It was too early to award a contract at this time. He suggested a public process to place ponds in a specific area on the property that would cool wastewater that Council could facilitate using local experts. Paul Kay/1234 Strawberry Lane/Read both proposals and strongly encouraged proceeding with a lease to the Standing Stone Brewing Company. The public benefits would accrue in greater quantity and sooner. He recommended a minimum 3-year lease with mileposts and mutual obligations to extend or shorten the term if needed. He also spoke in favor of Natural Light's advanced water catchment and diffusion proposal and the advantage of keeping them engaged. Councilor ChapmaniLemhouse mls to accept the proposal submitted by the Standing Stone Brewing Company and authorize staff to prepare a lease agreement. DISCUSSION: Councilor Chapman thought both proposals were not mutually exclusive in the long term. Trails would still be considered. When the lease expired, the Standing Stone Brewing Company could move their process with little investment. He stressed the need to look at the property for generating energy and water requirements. ASHLAND CITY COUNCIL MEET/NG August /7. 20/0 Page 3 of9 Councilor Navickas was skeptical of the proposal process and supported a broader review that included public participation on use of the property and developing the land. He explained why the two-year lease was not . realistic and expressed concern using public property for private benefit without adequate compensation to the City. It created a sense of undercutting to other property owners and mead producers. Councilor Jackson shared similar concerns leasing farmland for private business and noted the public process that brought the proposal to this point. This was a reasonable first step and she supported the motion. Councilor Lemhouse was in favor of the motion, understood the risk of undercutting and added this was another situation where doing nothing was not beneficial. Councilor Silbiger thought it was a good plan for the Standing Stone Brewing Company but was not convinced it was good for the City. The expectation from the applicant was the lease would last longer than two years. The City purchased the land 10 years prior for $1 million with dedicated funds and if the land ultimately was not used for that purpose, funds should be retumed. The negotiation should center on the fair market value (FMV) for the land. If an applicant agreed to pay the FMV, a reasonable rent and there were clear intentions the lease would last two years and required cleaning up the property when the lease terminated, there was a possibility. He had expected proposals that would pay for the use of the property. Councilor Voisin explained the City originally purchased the property for effluent and wastewater management. The Standing Stone Brewing Company did not include any realistic way to incorporate this into their plan. She expressed concern their proposal indicated possible difficulty having a suitable water source. She also thought the City should deal with the FMV of the hind. Mayor Stromberg stated the public benefit was establishing a sustainable agricultural operation near Ashland. He looked at FMV differently noting the Standing Stone Brewing Company proposed to pay up $11,000 to the City and had identified certain expenses the City needed to meet. Currently a grazing operation on the property paid approximately $12,000 a year and that was an indication of FMV. He thought the City should get a percentage of the profit if the plan was successful. He added the City controlled the effluent and the applicants needed to ensure they could accommodate whatever solution the City proposed. Staff clarified a permanent structure on a two-year lease would be a lost investment to the applicant when the agreement ended and the Standing Stone Brewing Company would use portable equipment. Staff went on to clarifY the RFP did not specifY use. Councilor Navickas added the two-year lease narrowed the spectrum of different proposals that might have come forward had the lease been longer. Councilor NavickasNoisin m/s to amend the motion to eliminate any use from having permanent structures on the property within their proposal. DISCUSSION: Councilor Chapman explained the Standing Stone Brewing Company had not proposed using permanent structures and fully understood the lease was short-term. Roll Call Vote: Councilor Voisin, Navickas and Silbiger, YES; Councilor Chapman, Jackson and Lemhouse, NO; Mayor Stromberg broke the tie with a NO vote. Motion failed 4-3. Continued discussion on main motion: Councilor Chapman noted four years prior, he had wanted to have this discussion and the Standing Stone Brewing Company brought forth a proposal that will start the process. There were many options for the land. Council and staff discussed assessing the property's reasonable market rate and including that information in the lease negotiations. Councilor Silbiger/Jackson m/s to direct staff to assess Fair Market Value for leasing the property prior to final negotiations for the RFP. DISCUSSION: Councilor Jackson wanted to ensure the City would incur a return similar to private property owners who leased their land to private businesses. The information might ASHLAND CITY COUNCIL MEETING August 17,2010 Page 4 aJ9 not be appropriate for a two-year lease but Council should have it regardless. Councilor Chapman assumed staff would perform due diligence and find the property's worth and added the land would most likely not lease for much. Roll Call Vote: Councilor Chapman, Voisin, Navickas, Jackson, Lemhouse and Silbiger, YES. Motion passed. Continued discussion on amended motion: Councilor Navickas would support the motion in the interest of supporting sustainable agriculture close to the City and reiterated this was public land and the broader interest ofthe public should have higher priority. Roll Call Vote on amended motion: Councilor Chapman, Voisin, Navickas, Jackson, Lemhouse and Silbiger, YES, Motion passed. NEW AND MISCELLANEOUS BUSINESS 1. Does Council wish to refund a portion of the Community Development and Engineering Services Fees associated with the Housing Authority of Jackson County affordable housing project on Clay Street? Senior Planner Brandon Goldman explained the $14,748 refund related to an original annexation of the Clay Street property for a 107 -unit development. Part of the annexation criteria planning actions require a percentage of the development be affordable so 17 of the 107 units were affordable. The project never happened and in December 2008, the City and Housing Authority of Jackson County (HAJC) entered into an Intergovernmental Agreement (IGA) to jointly purchase the property and pursue a planning action approval to amend the prior plan and divide the property into an area owned by the City and an area owned by HAJe. HAJC at that time received approval for a 60-unit affordable housing development and staff took the position those 60 units met the requirements ofthe annexation ordinance in full with the 17 required affordable units as part of it. Resolution 2006-13 provided a waiver of Systems Development Charges (SDCs) on all 60 units but only a waiver of Community Development and Engineering fees for voluntarily provided affordable units. The 17 units required to be affordable were obligated to pay the Community Development and Engineering fees totaling $33,518. HAJC was requesting a $14,748 refund and the City should take proportional allocation of seven units. The Housing Commission reviewed the HAJC request for a refund and recommended Council provide a full refund of$33,518.85. The remaining 1.5 acres of City owned land could accommodate approximately 15 units with seven affordable housing units at 60% the Area Median Income (AMI). SDC's fund the units with a 60-year affordability requirement that are forgiven if they remain affordable for 30 years. Staff was confident they would remain affordable for the full 30-year period. Jason Elzy/2251 Table Rock Road, Medford/Introduced himself as part ofthe Housing Authority of Jackson County (HAJC) represented the owner of Snowberry Brook LLC and stated the Housing Commission's _ recommendation to waive the full fee would greatly benefit the project. The Community Development Corporation (CDC) and Engineering fees created a financial burden for the project. The original estimate of the building permits and SDC fees was $55,000. Current fees assessed to the project were $107,000 creating a gap in the budget of over $50,000. At minimum HAJC was requesting $14,748 as a fair and equitable split of the CDC and Engineering fees based on the density of the Snowberry Brook project. At the time of the site plan application, the Housing Authority was not aware of the ordinance that required affordable housing or that HAJC would be paying additional CDC and Engineering fees. HAJC relied on estimates City staff provided and that estimate did not indicate HAlC paying CDC and Engineering fees for 17 units. John Statler/1120 Niantic, Medford/Explained he was Chair of the Housing Authority of Jackson County Board of Commissioners and was proud to serve as a Commissioner and proud of the staff. HAJC was a model across the Northwest region of how Housing Authority's should operate. He asked Council to support ASHLAND CITY COUNCIL MEETING August 17.2010 Page 5 0[9 the Housing Authority of Jackson County and the great work they do. Councilor Navickas mls to approve the Housing Authority refund request and proportionally allocate the original required 17 low-income affordable housing units between the Housing Authority and the City. Motion died due to lack of a second. Councilor Chapman/Silbiger mls to deny the Housing Authority refund request and assess all Community Development and Engineering fees for the required 17 uuits. DISCUSSION: Councilor Chapman thought it was clear from the beginning that if needed the City could sell the land at market rate in order to recover funds spent. It did not make sense to retain an encumbrance on the land if 60 affordable housing units were being built. Councilor Navickas thought Council should continue in the interest of providing affordable housing even if it meant encumbering the property. It was fair and reasonable to split the . affordable housing costs with HAJe. Councilor Silbigernoted the City so far had waived $467,000 in fees, contributed $160,000 in land costs and allocated $510,000 for CDBG funds for a total of$I,137,336. He explained how the $1 I million from the State provided a monthly subsidy of $800 per unit. The loss of property taxes increased that subsidy to approximately $1 ,000 per unit, each month. Council had never discussed encumbering the property in any way and this was not an appropriate time to put a condition like that on a piece of property. Staff time alone exceeded the amount HAJC was asking and he thought the City had done more than its fair share for the project. Councilor Voisin noted affordable housing was a Council goal and a community need. To her, the $600,000 was a bargain. The project will bring $12million into the community to build these structures, provide jobs, families and shopping revenue. HAJC had done its work, were told the fee were $55,000 and the bill was $107,000. She thought Council needed to be fair, would not support the motion and suggested Council consider Option 4 to waive all fees. Councilor Jackson was present when the City appointed the property and noted the long negotiations among staff, HAlC and Council. She was not under the impression the City was going to put affordable units on the remaining 1.25 acres and thought the rules were being interpreted differently. Councilor Navickas stated the City was possibly violating the law, annexing property themselves, not encumbering it with the requirements placed on all developers and thought it was inappropriate. It placed a burden on HAlC who had done so much for the community. Roll Call Vote: Councilor Lemhouse, Jackson, Silbiger and Chapman, YES; Councilor Voisin and Navickas, NO. Motion passed 4-2. 2. Shall Conncil formally approve the Ashland Fiber Network Strategic Business Plan? Information Technology (IT) Director Rob Lloyd and AFN Operations Manager Michael Ainsworth provided a presentation on the AFN Strategic Business Plan that included: . AFN 2010- Who We Are . AFN 2010 - Where We Are At . AFN 2010 - Key Plan Elements . AFN 2012 - Key Plan Elements . AFN Graphic of existing services and how they will be sourced Mr. Lloyd explained how eventually Internet Protocol television (IPTV) would transmit to AFN be retransmitted via the internet and local network rather than individual downloading that reduced bandwidth. The market was not quite there yet but was where AFN needed to go. . AFN 2012 - Council Feedback . AFN 2012 - Stakeholder Feedback ASHLAND CITY COUNCIL MEETING August /7.20/0 Page 60f9 . AFN 2012 - Post-Draft Changes . AFN 2012 - Other Considerations . AFN 2012 - Final Considerations Alan Oppenheimer/lIO S Laurel Street/Expressed his appreciation for the proposed plan. Internet access would be treated similar to a utility with customers having the opportunity to acquire access when activating water and electricity. Once they signed up for basic access, customers could purchase a cable modem, and have immediate access to the local.internet or build on basic access with one of the ISP partners. This level of service was doable within a year. The service could expand to include energy management, computer phones, and smart home and apply to everyone in Ashland. The vision was there and he was looking forward to helping staff achieve it. Mark Decker/621 Oak Knoll DrivelExplained he was an AFN customer with a background in telecommunications and product marketing. He was excited about the proposed plan and thought it could reinvigorate AFN, help overcome its bad image and fulfill some of the original vision. AFN was stuck in the rut of trying to run like Charter or EarthLink and it was a losing game because that was a commodity business and AFN was citizen owned. He liked that the plan focused on delivering value directly to the citizenry for a product they owned. The low cost option would not affect existing revenue because it was low speed internet. It might take some customers from Charter and Qwest but mostly gave people the option to support local community and save money. AFN should provide more services directly to the public. He recognized the biggest problem for AFN was the image problem with people focusing on the debt that he thought was the consequence of past mistakes. If the community had the chance to support AFN, it would increase the market share and be successful. He supported the plan and thought concerned ISP's were smart and resilient enough to determine the new ground rules and continue being successful. Councilor Silbiger/Chapman mls to accept the AFN Business Plan as the strategic guidelines for the future. DISCUSSION: Councilor Silbiger supported the plan and deferred to Mr. Lloyd and his team to make the best possible decisions. The debt exists and the City will have to pay for it whether AFN does well or closes. The operating margin of20% gross profit for the debt was good and indicated this was not a failing business. The plan takes steps to improve bandwidth and feasible levels for customers to move up in speed. It was important the relationship with the ISP's was two way with both sides working together on marketing and sharing information. Councilor Lemhouse preferred the City divest itself of AFN along with the debt and ultimately hoped a private company would purchase AFN, relieve the City of the debt and have AFN compete in the market place. However, the debt was a real burden and the City needed to make the best of the situation. He did not think it could function as a utility since customers could easily purchase another service and shared concerns about the City owning something that competed in the marketplace. He had faith in staff and the plan and felt strongly they would come up with the best direction. Councilor Voisin would support the motion but had concerns on what staff would use to measure success. Mr. Lloyd noted where measurements and "Plan B" were in the plan. Councilor Navickas thought the City should step in as an ISP and direct competition ifthere were no revenue increases on a quarterly basis. Roll Call Vote: Councilor Silbiger, Navickas, Chapman, Voisin, Jackson and Lemhouse, YES. Motion passed. 3. Does Council wish to provide a requested Letter of Commitment in support of a Community Challenge Planning Grant application being prepared by the Rogue Valley Council of Governments (RVCOG) entitled, "Institutionalizing Livability, Sustainability, and Affordability in Southern Oregon through Comprehensive Planning" in association with the Greater Bear Creek Valley Regional Problem Solving (RPS) Plan? Community Development Director Bill Molnar explained the Rogue Valley Council of Governments (RVCOG) was preparing a grant for money available through the Federal Department of Housing and Urban Development and was requesting letters of support from the Cities in the region. The grant was for approximately $2million and would build on the Regional Problem Solving Plan (RPS) on areas Ashland deemed important. The grant would focus on ways to accommodate a greater percentage of future growth in ASHLAND CITY COUNCIL MEETING AugusU7,2010 Page 70[9 the valley and major transportation corridor. Staff was supportive of grant. The grant project asked Associate Planner Derek Severson to incorporate some of the visions Ashland had for a nodal project and alternate transportation solutions the City had done in the Transportation System Plan (TSP). The TSP alone would be Ashland's contribution towards the grant project. Mayor Stromberg added the week before, he, Mr. Severson, Mi. Molnar and Public Works Director Mike Faught appeared before the Jackson County Planning Commissioners to present Resolution 20 I 0-21 RPS Issue Resolution Recommendations and thought the process had been positive. The RVCOG grant would complement what the existing RPS Plan lacked in the transportation and housing areas and strengthen those parts. Councilor Navickas would not support the letter but would have had the RPS Plan addressed annexing more land within city limits in the initial plan. Now it appeared to be an effort to "green wash" a bad J!llan and make it palatable to those who had opposed it through out the process. Councilor Lemhouse/Jacksou m/s to approve and sign the Letter of Commitment in support of the Rogue Valley Council of Governments' Community Challenge Grant application. DISCUSSION: Councilor Lemhouse stated it was a good thing to do and that Council should sign the letter. Councilor Chapman agreed with Councilor Navickas and thought this was another way for RPS to get more money. Councilor Jackson supported the letter and suggested the grant was being confused with the land use action the . County took to adopt the regional plan. The grant proposal would provide funding to study how existing cities throughout the valley could implement transportation. Councilor Voisin noted Ashland had no urban reserves and the City would benefit only minimally. Mayor Stromberg explained RVCOG was adding the component Council voted unanimously they should add. Councilor Voisin suggested Council wait until they had received a response from the County Planning Commissioner regarding Resolution 20 I 0-21. City Administrator Martha Bennett eXplained RVCOG needed a commitment by August 20, 2010. Roll Call Vote: Councilor Jackson, Silbiger and Lemhouse, YES; Councilor Chapman, Navickas and Voisin NO; Mayor Stromberg broke the tie with a YES vote. Motion passed 4-3. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Will Council approve Second Reading of an ordinance titled, "An Ordinance Creating Chapter 11.34 Relating to Storage of Personal and Recreational Vehicles and Amending AMC 11.24.020" and move the ordinance on to Second Reading? City Attorney Richard Appicello read the ordinance title aloud. Councilor Lemhouse/Silbiger m/s to approve Ordinance #3032. DISCUSSION: Councilor Navickas had numerous citizens approach him regarding large trucks idling in front of their places while making deliveries and wanted to bring it forward at some point. Roll Call Vote: . Councilor Silbiger, Voisin, Chapman, Navickas, Lemhouse and Jackson, YES. Motion passed. 2. Will Council approve First Reading of ordinance titled, "An Ordinance Relating to Adoption of the Oregon Fire Code and Amending AMC Chapter 15.28"? Fire Marshal Margueritte Hickman explained the Fire Code was on a three-year cycle and while it already applied to the State of Oregon, would allow the City to adopt amendments. Two changes included an organizational change in AMC 15.28.070 titled Amendments to the Oregon Fire Code. The second would create a rule in AMC 15.28.060 that allowed the Fire Department to apply seasonal type restrictions. City Attorney Richard Appicello read the ordinance title aloud. Councilor Jackson/Silbiger m/s to approve First Reading of ordinance and set Second Reading for the next Council meeting. Roll Call Vote: Councilor Lemhouse, Chapman, Jackson, Silbiger, Voisin and Navickas, YES. Motion passed. ASHLAND CITY COUNCIL MEETING August 17, 2010 Page 8 of9 3. Will the City Council approve the second readiug of the ordinances adoptiug Chapter 18.53 Croman Mill and related ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and Zoning map amendments, and the findings of fact to accompany the amendments? Abstentions, Conflicts, Exparte Contact Councilor Silbiger declared a conflict of interest and requested Council to recuse him from the discussion. Councilor Jackson/Chapman m/s to recuse Councilor Silbiger. Voice Vote: all AYES. Motion passed. Councilor Silbiger left the meeting at 9:55 p.m. The remaining Council and Mayor had no other conflicts of interest or Exparte contacts to declare. City Attorney Richard Appicello read the ordinance title and changes aloud. Councilor LemhouselNavickas m/s approval and adoption of Ordinance #3030 amending City of Ashland Comprehensive Plan to add a new Croman Mill District designation to Chapter II, to add Croman Mill plan designation on the adopted Land Use map legend and adopt the Croman Mill site redevelopment piau and economic opportunities analysis as support documents to the Comprehensive Plan as amended. Roll Call Vote: Councilor Navickas, Lemhouse and Jackson, YES; Councilor Chapman and Voisin, NO. Motion passed 3-2. City Attorney Richard Appicello read the ordinance title and changes aloud. Councilor Jackson/Chapman m/s to approve Ordinance #3034 amending Ashland Land Use and creating Chapter 18.53 Croman Mill as amended. Roll Call Vote: Councilor Navickas, Lemhouse and Jackson, YES; Councilor Chapman and Voisin, NO. Motion passed 3-2 City Attorney Richard Appicello read the ordinance title aloud. Planning Manager Maria Harris explained the staff recommendation that would ensure the required right-of- way on the Central Boulevard matched the actual street width when built was in response to Council's suggestion to remove on-street parking but retain the width. The additional width could not be used for building or site development and was in addition to the 2-10 foot building setback requirement. The actual street width included a 3-lane cross section with a turn lane in the middle, two travel lanes, sidewalks and a separated bike lane. Moving the bike lane to the street would require two additional feet to accommodate a 6- foot bike lane. Mr. Appicello read the ordinance changes aloud. Councilor NavickasILemhouse m/s approval and adoption of Ordinance #3031 amending AMC 18.72.080 creating new Site Design and Use Standards for Croman Mill District as amended. DISCUSSION: Councilor Voisin asked for clarification on what would prevent a developer from building up to the sidewalk without the right-of-way. Ms. Harris explained the required 2-10 foot building setback would prevent developers from building that close to the sidewalk. Councilor Jackson further explained the reason Council was narrowing the right-of-way at staff's suggestion was Council's earlier decision to remove on-street parking. Councilor Navickas added one option for retaining the right-of-way might be light rail in the future otherwise there would be a 16-foot sidewalk that would work for commercial frontage but not for this type of development. Roll Call Vote: Councilor Jackson, Navickas and Lemhouse, YES; Councilor Voisin and Chapman, NO. Motion passed 3-2. ASHLAND CITY COUNCIL MEETING , August 17. 2010 Page 90f9 City Attorney Richard Appicello read the ordinance title and changes aloud. Councilor JacksonlLemhonse mls approval and adoption of Ordinance #3036 amending chapters in AMC and Land Use for consistency with new chapter 18.53 Croman Mill as amended. DISCUSSION: Councilor Navickas suggested using Floor Area Ratios for future development discussions. Roll Call Vote: Councilor Navickas, Jackson and Lemhouse, YES; Councilor Chapman and Voisin, NO. Motion passed 3-2. City Attorney Richard Appicello read the ordinance title and changes aloud and noted changes to the maps were made in accordance to Council direction. Councilor Lemhouse/Jackson mls approval and adoption of Ordinance #3033 amending Ashland Comprehensive Plan to change Land Use map designation for newly created Croman Mill Plan and amending City of Ashland zoning and Land Use control maps. Roll Call Vote: Councilor Jackson, Navickas and Lemhouse, YES; Councilor Voisin and Chapman, NO. Motion passed 3-2. City Attorney Richard Appicello read the ordinance title aloud. Councilor NavickaslLemhouse mls approval and adoption of Ordinance #3035 amending AMC Chapter 15 to create LEED certified building priority. DISCUSSION: Councilor Jackson noted the ordinance applied citywide for building permit-processing priority and was not specific to Croman Mill. Roll Call Vote: Councilor Navickas, Jackson, Voisin and Lemhouse, YES; Councilor Chapman NO. Motion passed 4-1. Councilor LemhouselNavickas mls to approve the second reading with proposed amendments as noted after each ordinance and to approve the Findings of Fact that accompany ordinances. Roll Call Vote: Councilor Navickas, Lemhouse and Jackson, YES; Voisin and Chapman, NO. Motion passed 3-2. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS 1. Will Council consider placing on a future agenda a resolution supporting OP AC's recommendations on ocean-marine reserves? Item pulled for future agenda. Council and staff discussed adding idling trucks to a future agenda. ADJOURNMENT Meeting was adjourned at 10:26 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF ASHLAND ASHLAND HOUSING COMMISSION MINUTES June 24, 2010 CALL TO ORDER Chair Steve Hauck called the meeting to order at 4:34 p.m. at the Community Development and Engineering Services Building located at 51 Winbum Way, Ashland, OR 97520. Commissioners Present: Council Liaison Nikki Pons Eric Navickas, absent Nick Frost, arrived at 4:40 Regina Ayars Staff Present: Steve Hauck Linda Reid, Housing Specialist J ody Waters Carolyn Schwendener, Account Clerk Commissioners Absent: Richard Billin APPROVAL OF MINUTES Ayars/Pons m1s to approve the minutes from the May 27,2010 meeting. The minutes were approved as presented. PUBLIC FORUM Noone was present to speak NEW MEMBER INTRODUCTION The Connrnssioners welcomed new member lady Waters. Ms. Waters is a professor at SOU, has been involved with homelessness for several years and also volunteers at Peace House. Waters explained that the teaching assignments at SOU have been recalibrated for the Fall creating a conflict for her with the Housing Commission meetings. At this time Waters will continue her membership with the Commission and make a decision in the near future regarding whether she will be able to continue. REPORTS AND UPDATES Liaison Reports Council - No report Parks - No report School Board - No report Planning - No report SOU - Ayars asked Waters if she would be able to help with the recruitment of a new SOU liaison. Waters felt confident she could find some volunteers in the Fall when the students return and would be happy to assist with that. Staff - Reid reminded the Commissioners that Project Homeless Connect is tomorrow, June 25'" from 9:00 am to 4:00 p.m. at the Medford Armory. The City is sponsoring a Fair Housing Training for Home Owner Associations and Community Managers. It will take place at the City of Medford offices. HOUSING AUTHORITY OF JACKSON COUNTY CLAY STREET UPDATE Brandon Goldman. Senior Planner for the City of Ashland was invited to speak this evening in order to give some background on how this project came to be and how it came to have an affordable housing requirement. Goldman explained that part of the land use rules through an annexation is that projects are required to have affordable housing. Because it was mandated that affordable housing be provided and it is based on the density of the development purposed between fifteen and thirty-five percent of the units have to be affordable. The lower the income level that is targeted the fewer the units. Fifteen percent was required of this project when it originally was presented back in 2006. A private developer was going to be developing 117 units which dropped to 107. That original development was not constructed and HAJC stepped forward as a buyer and took over the original application amending it to modify the site review component of where the buildings would be along with other changes. The City of Ashland worked with the HAJC as a partner. The Planning Department in evaluating whether the conditions of the original annexation were met had to confirm that at least 17 of the units on the site were affordable. Currently all 60 units on the project are one hundred percent affordable and meet the criteria, comprehensive plan concept and zoning density for the affordable housing objective. Goldman explained that the first phase was known but the second phase using the remainder of the land has not yet been designed. . Jason Elzy. the HAJC developer for the Snowberry Brook project introduced himself. Mr. Elzy explained that originally in February 2009 they were given an estimate of $55,000 for all building permit fees. Mr. Elzy acknowledged that this estimate was given before building permits were applied for making it difficult to arrive at an accurate number. Current System Development Charges and building permit fees that have been paid are $107,000 creating a $50,000 gap in their budget. Mr. Elzy stated that they feel it is an inequitable split because no where on the site plan approval did it state that the entire 17 units required to be affordable would be assets to the Snowberry Brook project. The HAJC would like to make an equitable split of the 17 units proposing a 9.52 split with the City. They are requesting a refund for the remaining $14,000 in fees. They are not asking for a wavier but asking the City Council to appeal this decision due to the conditions of the IGA and the financial hardship that this money is placing on the project. The HAJC is respectfully asking the Housing Commission members to support this request. The Commissioners discussed Mr. Elzy's request. Pons/Ayars m/s to recommend the City Council to waive the entire amount of fees. Roll Call: Pons. Frost. Ayars, Waters voted yes, Hauck voted no. The motion passed. DISCUSSION: PROCESS FOR DEVELOPNG SUB-COMMITTEES The Commissioners discussed the process they would like to take in developing Ad Hoc and Special Committees. Frost made a motion that the Chair would appoint the members of the Ad Hoc Committees. Motion failed for lack of a second. Ayars/Pons m/s that the process for creating Ad Hoc Committees is done by group consensus with volunteers. Voice Vole: All ayes, motion passed. Judith Benjamin, Aaron Benjamin's wife, contacted Reid to discuss setting up a memorial fund in Aaron's name. People can donate to the Affordable Housing Trust Fund in Aaron's name. That account has been set up through the finance department and it will be published in both the local newspaper as well as in New York where Aaron had lived before moving to the Rogue Valley. DISCUSSION: ANNUAL GOAL SETTING This retreat is to' review the past year's goals and to look at whether they were accomplished or still of interest as well as to discuss new ones for the coming year. Reid will send out an email with dates and times and arrive at a date that works for everyone. FAIR HOUSING: DRAFT ORDINANCE UPDATE AND DISCUSSION Reid informed the Commissioners that there has been quite a bit of media coverage recently about Student Fair Housing. She said it would be really hard for the City to include students as a protective class without having some kind of student involvement in the process. Reid said that when she discusses Fair Housing Laws with landlords, property owners or property mangers she tells them that these laws do not state that they have to rent to a student, families etc. landlords generally have objective criteria for screening perspective renters, such as rental history, criminal background, and credit checks. Fair Housing laws don't change those criteria landlords just need to treat everyone in a clear and objective way. Hauck would like to see language that identifies students as a protected class included in the ordinances to review. Reid will move forward with the ordinance which still has to go through legal review but it will help clarify things and bring our code a little more inline with State and Federal. We can also move forward with doing some research and getting some student input, outreach and education and finding out what the community needs and seeing if there is some interest with the Council. Reid reviewed the Fair Housing Ordinance going over the changes. Some of the additions are from State and Federal 2 regulations. Most stem from Fair Housing Council's recommendations offered in the analysis of impediments. JULY 22.2010 MEETING AGENDA ITEMS Homeless Liaison Homeless Shelters Discussion regarding future meeting times taking into consideration Ms. Water's scheduling needs UPCOMING EVENTS AND MEETlNS Next Housing Commission Regular Meeting 4:30-6:30 PM Thursday July 22". 2010 Community Development Building ADJOURNMENT - The meeting was adjourned at 6: 10 p.m. Respectfully submitted by Carolyn Schwendener 3 CITY OF ASHLAND ASHLAND HOUSING COMMISSION MINUTES July 22, 2010 CALL TO ORDER Chair Steve Hauck called the meeting to order at 4:30 p.m. at the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, OR 97520. Commissioners Present: Council Liaison Nikki Pons Eric Navickas Nick Frost Richard BiIlin Staff Present: Steve Hauck Linda Reid, HousinQ Soecialist Jody Waters Carolyn Schwendener, Account Clerk Commissioners Absent: Regina Ayars APPROVAL OF MINUTES The minutes of the June 25, 2010 meeting were approved as presented. PUBLIC FORUM No one was present to speak Chair Hauck announced that he is resigning from both the Housing Commission and the Transportation Commission effective immediately. His health has taken a turn for the worse and he will be moving out of the City into more affordable housing due to health care costs. The Commissioners will greatly miss him and wished him well. REPORTS AND UPDATES Liaison Reports Council - Navickas reported that the Council is continuing to work on the Croman Mill project. The last Council meeting was taken up with classification of offenses. Previously the City had no classification for offenses; it was left up to the judge's discretion. The Council established classifications. to include four tiers. Initially staff proposed that the camping ban would be a class two offense which would be a $360.00 fine hut council agreed to reduce that to a class four offense with only a $90.00 fme. Parks -Hauck reported that the Parks Commission is moving forward with the purchase of the Clay Street property using their share of the meals tax money. School Board - The Board is preparing for the upcoming November measures and discussing how the past measures will affect their budget. The School Board is mainIjI dealing with budget issues at this time. Planning - No report SOU- No report Staff - Reid reported that Project Homeless Connect was held on the 25th of June and went quite smootWy. Last year they served around 400 people and this year the total was 547, a nice increase. Had a great volunteer turn out raising over $9,000 in donations. Reid received a letter from HUD stating that they accepted the City's Consolidated Plan and approved it along with the 2010 Annual Action Plan for the use ofCDBG funds. ASHLAND HOUSING COMMISSION MINUTES July 22, 2010 . The CDBG Recovery Act Program (CDBG-R), in which the City is completing energy efficiency upgrades to homes occupied by low income residents, currently has 16 participants underway. Four of the participants needed further repairs outside of the scope of the program and requiring more than the $3,000 per household grant amount. The City has been able to partner with the Housing Authority to utilize City of Ashland Housing Rehabilitation funds administered by that agency, as well as with Access, Inc's weatherization program to leverage funds to complete need repairs and stretch the CDBG-R dollars. HOMELESS SHEL TER PRESENTATION AND DISCUSSION Commissioner Pons gave a power point presentation regarding Homeless Shelters. Pons explained that there are homeless people, house less people and nomadic people. They each have different needs. She proposed the question "Who is Ashland willing to support?" Pons would like to see some kind of hostel style shelter focused on transportation, communication and facilitation of employment. The Commissioners discussed Pons presentation. Reid announced that on Wednesday August II, 20 I 0 the Hope House, a Salvation Army transitional shelter, is having an open house for their shelter expansion that has been thirteen years in the making. This is an example of how long the process C3n take. A Council goal is to evaluate the homeless population and their housing needs. Reid met with City Police Chief, Terry Holderness who is from Fontana Califomia. Mr. Holderness stated that Fontana had a very successful homeless reduction program. The program received support from all the service providers within the conununity. They agreed to tie their services to various programs to create accountability and responsibility of the participants. Navickas encouraged the commissioners to find a way to address these needs without placing further financial stress on the City's budgetary resources. Research other municipalities and find what other resources they have found. It would be good information to give to the Council. HOMELESS LIAISON REVISITED Frost reminded the Conurussioners that homelessness is a huge area of concern and is under the Housing Commission's purview. The original idea was to create a non voting position for someone who could come to the meetings and report on what is going on in the homeless community. It was decided to form a sub committee to discuss the liaison position. Hauck appointed Waters, Frost and Pons to the Ad Hoc subcommittee. COUNCIL GOAL REVIEW Reid said it's important to keep in mind that the Council sets goals and the council will be more likely to facilitate the completion of the housing commission's goals if they are related to, or help support the council's goals. A current Council goal is to conduct a comprehensive study of Ashland's homeless population, but city staff has not received further direction to move forward with that assessment at this time. The Commissioners' agreed that this is the starting point to dealing with homeless issues and solutions need to take the results of an assessment into account. What is Ashland's population and what are their needs. Navickas encouraged the Commissioners to do as much outreach and education to the Council to help make them more aware of these needed services. ANNUAL GOAL SETTING The annual goal setting meeting will be at the regular October meeting. AUGUST 26TH. 2010 MEETING AGENDA ITEMS CDBG Potentially moving the regular meeting time and date in the Fall Elect a new Chair and Vice Chair Brandon Goldman will do a presentation of the Land Use Ordinance and how it pertains to affordable housing. The City Council meeting where the HAJC will ask for fees waiver will be on August 17, 2010 2 UPCOMING EVENTS AND MEETINS Next Housing Commission Regular Meeting 4:30-6:30 PM Thursday August 26, 2010 Community Development Building ADJOURNMENT - The meeting was adjourned at 6:00 p.m. Respectfully submiffed by Carolyn Schwendener 3 /" ?' ....d' ~---c(n / ~- ~\ ,,-(' //1 ec::2 CITY OF ',\ /:9,~(/ I reF'j!l: ASHLAND >\. <<I II II~ I" ':""7___' I' . ,-, '7"'-~ .~ (''-(lr(~J~~~i~,~~~~T~~~ l~,~~~~SSION , . tlb!~~:-1J !!ic!!!i'.'L!!!!"'=7JTI7l"CX""I"""'."Y""m1r.r:...<Ll~7'.r .. f'L~___~~P,g"~!11.:...rll'@....'...~b"..a..~.b. '7~r.,s...,.,;i..~.lF75 East ~1 Street , dR.lln" '!'( u 11'1. "."."='"'" am;' rii: Heesacker(Cha-;r5~sreve yan, Julia Sommer, :i,,_~~;"e~.~r~l~~~~~~~g~RJhl~l~:Yi1~?~~,f[:~illill15i:';4j;m~g Absent: Steve Hauck;!Maft'Warsniiwsk)'---(L,,,..J . ",<<'"".:', ','" 'I Ex Officio Members: 'Davia Chapman, David Wolske Staff Present: Mike Faught, Jim Olson, Nancy Slocum - ---'-- I '~" _--I'" \ I. CALL TO ORDER: 6:02 PM by Chair Eric Heesacker. II. APPROVAL OF MINUTES: Minutes of June 17,2010 were approved as corrected. III. PUBLIC F:ORUM: No one spoke. IV. ADJUSTMENTS TO THE AGENDA: Item V.B. was amended to read "Discussion on the Need for a 5 E's Subcommittee." Sommer noted that "Planning Commission Update" was absent from the agenda. She reported that she had received the agenda an? had nothing to report for this month. V. ACTION ITEMS: A. Transportation Svstem Plan (TSP) Uodate Faught asked for questions. Sommer wondered what the TSP's Technical Review Com!TIittee (TRC) was and who was on it. Faught explained that the TRC consisted mainly of internal staff tasked with making any needed technical corrections to the draft TSP chapters received from the consultant (Kittelson and Associates). Heesacker from the Commission and Michael Dawkin from the Planning Commission were appointed as liaisons to the committee. Aside from commission liaisons, the TRC would consist of representatives from City Planning and Public Works Departments, Jackson County, Oregon Department of Land Conservation and Development (DLCD), the local Metropolitan Policy Organization, Rogue Valley Transit District, Oregon Department of Transportation, Transportation Planning Analysis Unit (TP AU), School District No.5, Southern Oregon University (2) and a representative from the freight delivery community. Faught reported that Kittelson expected the update process to be complete by January, 2012. Near term project deliverables consisted of a system inventory, baseline, future conditions, sustainability policies and Chapter 7 tasks. Staff proposed saving money on the project by eliminating the Commission-only meetings and instead holding joint Transportation and Planning Commission meetings as the means for Commission input. Money could also be saved by removing the requirement to mail cjtizen surveys to every home in Ashland and instead use the City Source that is mailed to utility billing customers. Motion Thompson moved to support staff's money saving proposals including the removal of eight separate C:\DOCUME-l\shipletd\lOCALS-l\Temp\XPGrpWise\7 15 10 TC Minutes.doc Page I of 5 Transportation Commission meetings. Ryan seconded the motion. Discussion Swales thought a joint meeting could be held with the consultants and a separate meeting held with only staff in attendance. Sommer thought it might be difficult to facilitate eighteen commissioners. Burnham was confused as to the role ofthe TRC. Faught explained that the TRC members would be a technical committee versus an advisory or policy group. The TRC would ensure the consultants' ideas would meet all the different agency regulations. The Commission would then sift through only feasible options. The TRC would not set policy. Swales noted that Heesacker may have a possible conflict of interest as liaison to the Commission, RVMPO representative and RVCOG representative. Sommer said the Commission liaison should be local while RVCOG and the MPO have regional concerns. Faught noted that Heesacker was appointed by the Commission. Faught saw the roles and points of view similar enough as to not cause a conflict. Heesacker said that both RVCOG and the MPO must be represented and he lived in Ashland and knew local concerns. He said the TSP, by state law, could not go beyond what is in the Regional Plan. Vote The vote was six to zero with one abstention. Thompson asked if some policies (eg: sharrows, railroad crossings) be implemented before January, 2012. Faught did not recommend it unless consultant deemed it appropriate. Additionally, funding was not in place. B. Discuss the Need for a "5 Es" Subcommittee Young noted that the existing subcommittee could consider the 5 E's (Engineering; Education; Encouragement; Enforcement; Evaluation) and thought a separate subcommittee unnecessary. The goal was to maintain a balance. Motion Swales moved to request staff specifically address the 5 E's in each their recommendations as stated in staff reports. Burnham seconded the motion. Young thought addressing the 5 E' s on individual projects was unnecessary, he thought applying them was more of a bigger picture idea. Vote Vote was three yes and three no with one abstention. The motion failed to pass. Sommer thought the motion put an undue strain on staff and was premature. She suggested the Subcommittee take up the subject and present something to the Commission. C. Car Free Dav (Rvan) Ryan obtained the road closure permit. The event was set for Wednesday, September 22"d. Scheduled events included a street repair event and the Commuter Challenge (renamed to the Change to Transportation Challenge). To date vendors are restricted to agencies. He has asked staff to look into the possibility of businesses selling related items like maps, etc. Ryan asked Commissioners to collect T-Shirts and recruit businesses for the Commuter Challenge. He would email Commissioners details. Burnham volunteered to organize a mass ride on Oak Street to promote the recent installation of the sharrows. C:\DOCUME-l\shipletd\LOCALS-l\Temp\XPGrpWise\7 15 10 TC Minutes.doc Page 2 of 5 D. Forced Vote on Two Year Goals Staff presented a list of two year goals the Commission brainstormed at the goal setting retreat, the June 17th Commission meeting and as sent to staff separately over the last few months. The goals and the scores are listed from the highest score to the lowest. The top seven or eight, if feasible, would ultimately be adopted. Score Goal 74 I. Research options to assist the blind by installing audible signals and standardizing the location of pedestrian crossing buttons at traffic signals; 64 2. Add Central Ashland Bike Path elements to Highway 66 overpass; . 60 3, Discuss pros and cons to relocating bike racks from sidewalk to street; 59 4. Research signal detector retrofits to accommodate bike detection; 58 5. Faith Avenue / Highway 66 Intersection improvements; 56 6. Make Will Dodge Way more multimodal, including ADA; 56 7. Evaluate delivery vehicle patterns in the downtown core; 55 8. Crosswalk at Ashland Street and YMCA Way; 41 9. Possible adoption of a 3' BicycleIPedestrian Protection Zone fashioned after Grants Pass ordinance; 37 10. Grandview shared road improvements; 36 11. Add railroad crossings for pedestrian access; 21 12. Lobby for DMV test questions regarding "vulnerable roadway users"; 17 13. Making a left from Ashland Mine Road to North Main is difficult; crossing four lanes, no refuge lane, traffic speed 35-45 mph; 3 14. Ban left hand turns on red lights onto a one-way road. Staff was directed to evaluate the top two-year goals in detail for discussion at the August 19th Commission meeting. Prioritization of the first goal would be done in conjunction with the blind communi ty. E. CDBG Update Staff asked the Commission to support only one project (downtown audible signals) for the remaining $27,625 Community Development Block Grant funding. This recommendation would not need to go the City Council for approval as this project was one previously recommended. Motion Ryan moved to support staffs recommendation of the downtown audible signal project for CDBG funding. Young seconded the motion. Vote The Commission voted six to one in favor of the motion. Motion passed. F. Discussion/Definition on Shared Roadways Faught began the discussion by noting the definition ofa "shared road." According to Shared-Use Streets - An Application of "Shared Space" to an American Small Town (Gilman and Gilman, 2007) A "Shared-Use Street" or "Shared Road" was defined as a street type that mixed pedes- trians, cyclists and motorists in a low-speed environment and emphasized the community function of a street. Design standards included narrow paved roadways (18 feet); level grass shoulders, a creative gateway treatment, creative intersection treatments, street trees, pedestrian scale street lights, 125' minimum sight distances, no on-street parking and 20 mph signage. Grandview was noted as an example. Sharrows, on the other hand, did not imply a separated bicycle lane, but directed bicyclists to travel outside the car door zone and encouraged safe co-existence. C:\DOCUME-I\shipletd\LOCALS-l\Temp\XPGrpWise\7 15 10 Te Minutes.doc Page 3 of 5 Young wondered whether the shared road policy could include rural streets wider than 18'. Olson noted that an important feature of a shared road was no on-street parking. Perhaps a wider street with parking on one side (e.g. C Street) would need another category. Sommer wondered if the TSP consultant could help with various criteria for shared roads. Faught asked Commission if the Commission was interested in having the consultant draft a policy. Swales noted examples where shared streets were also used in urban settings and volunteered to provide information to consultants. Motion and Vote Sommer moved tohave staff direct the TSP consultants (Kittelson and Associates) to draft shared use street and bicycle sharrows policies. Ryan seconded the motion and it passed unanimously. VI. NON ACTION ITEMS A. MPO Update Chapman reported on current MPO projects: . 200S-11 TIP Amendment for R VTD Purchase of Services was approved; . North-South Travel Demand Study was being revised, record was still open; . Cascade Sierra Solutions was awarded a CMAQ truck retrofit grant was on hold until completion of investigation. B. Additional Bicvcle Parking on Main Street Update The Subcommittee met on July I" and surveyed on and off sidewalk bike parking in a large section of the downtown core. Staff will complete the inventory and bring back recommendations for additional bike parking at a later date. C. Regional Problem Solving (RPS) Update Chapman reported that the City Council passed a resolution to the county asking they revise Ashland's average annual growth rate, commit to a higher target density, assure a 10 acre minimum lot size with Ashland's urban fringe and reduce total critical commercial agricultural lands in urban reserve areas. Without some of these changes to the RPS, all assumptions regarding future infrastructure master plans could be incorrect. Swales reminded Chapman that one of Ashland's stated policy was to not only.not expand our Urban Growth Boundary, but encourage other cities not to as well. He was concerned that this was not done. D. Interchange Area Management Plan (lAMP) ODor s lAMP was developed because there would be substantial modifications to the 15 Exit 14 interchange. The plan assessed exiting and potential land use and transportation conditions, opportunities and limitations, identified long-range needs, and identified recommended improvements to the Green Springs Interchange. It identified necessary improvements to the local street network in the vicinity including Tolman Creek Road. It also included access control and the requirement for a median from the interchange to Tolman Creek (state regulations requires no access less than 1400 feet). For the short term, ODOT agreed to a reduced median to Washington Street. The 1400 foot rule made sense in Portland, but not Ashland. Others cities were also contesting the rule so perhaps a legislative change was necessary. The state agreed to wait till September to respond. Faught would update the Commission next month with a list of inconsistencies with the upcoming TSP process and how it compared with the Croman plan. VII. INFORMATIONAL ITEMS & COMMISSIONER COMMENTS: Bumham asked for an update on the signal detector timing at Siskiyou and Sherman. He reported that there was not enough time for a bicycle to cross Siskiyou Boulevard. C\DOCUME-I\shipletd\LOCALS-l\Temp\XPGrpWise\7 15 10 TC Minutes.doc Page 4 of 5 VIII. ADJOURN: 8:30 PM Respectfully submitted, Nancy Slocum, Accounting Clerk I C:\DOCUME-l \shipletd\LOCALS-1 \Temp\XPGrpWise\7 15 10 TC Minutes.doc Page 5 of5 I CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Appointment to Housin~ Commission September 7, 2010 Primary Staff Contact: City Recorder E-Mail: Mayor's Office Secondary Contact: Martha Bennett ~. Estimated Time: c,. Barbara Christensen chri steb{alash land.or. us Mayor Stromberg Consent Question: Does the City Council wish to confirm the Mayor's appointment of Barb Barasa to the Housing Commission with a term to expire April 30, 2012? Staff Recommendation: None Background: This is confirmation by the City Council on the Mayor's appointment to the Housing Commission on application received. Related City Policies: Ashland Municipal Code (AMC) Chapter 2.17.020 Council Options: Approve or disapprove Mayor appointment of Barb Barasa to the Housing Cornmission. Potential Motions: Motion to approve appointment of Barb Barasa to the Housing Commission with a term to expire April 30,2012. Attachments: Application received Page I of I r.t. , CITY OF ASHLAND APPLICATIO~' FOR APPOINTMENT TO CITY COMMISSIOI'I/COMMITTEE Please type or print answers.to the fol!owingquestions and submit.to the City Recorder at City Hal!, 20 E Main Street, or el11ail christebfala<hland.or.us. (fyou have any questions, please feel free. to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Barb BaraS<! Requesting to scrveon: Housing ( Commission/Committee) Address 262 W Hersey, Apt D .Occupation Web designer/piano tuner/musician Phone: Home 552-9349 Work .621-2739 Emai] barb@websitings.net Fax 1. Education Backl!round What schools have you attended? Mundelein College, DePaul U, North Central College What degrees do you hold? ElA B....sine.ss What additional ttahling or education have you had that wbuldapply to this position? Had broke~s license for 1 year in Illinois. 2. Related Experience What prior work experience have you had that would help you if you. were appointed to this position? I'm logical in my thinking, butsay .why not" instead .of "we can't because we've always done .it this way." WorKed 5 years for Alex F.orrester, land planner in Ashland and GP. Have participated in Rice ParK. housing project. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminllrs? Why? Depends on what theyareaboul. ~.l' 3. Interests Why are you applying for this position? peoplewith'affordablehousing" level incomes should be represented on theci>mmission. Unda Reid told me to. I agree with her that 4. Avaiiabilitv AreyoiJ available to'attend special meetings, ~addition to the regularly Scheduled meetings? Do you prefer day or evening meetings? Yes. Day or evening are usually OK. 5. Additional Information How long have you lived in this community? 14 years Please use the space below to summarize any additional qualifications you have for this position I come up with Ideas. but I am realistic enough to know that they have to\NOrl< in the real world. Thalmeans all parties involvecfhave to get something they need out of it. Whether tangible or, intangible. A1tho I "see problems" in many processes, if I point out those problems I always try to offer solutions. A loi of my time is devoted to helping people in one way or another.and.this is just one more way to do.thal. The issues about 'affordable housing' are 6nlygoing to get.worse with the current economic crisis and foreclosure rate. I believe I can see the big picture as.well as break down.a process into the steps necessary to achieve the big picture. I Get Things Done. 8/4/10 ~~ .. Signature .. Diite ,..., CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Report on DEQ Loan Refinancin~ September 7, 2010 Primary Staff Contact: Administrative Services E-Mail: None .~ ~. Secondary Contact: Martha Bennett j1';.~ Estimated Time: t. Lee Tuneberg tuneberl@ashland.or.us None Consent Question: Does council have any questions about the current schedule to refinance the loan as authorized by Resolution 2010-1 I? Staff Recommendation: None. This is an update of the current refinancing schedule. Background: In April of this year Council authorized staff to refinance the DEQ loan that was used to build the wastewater treatment plant and has Food & Beverage tax proceeds pledged to pay the debt. The bond market has had many peaks and valleys since that time and staff has waited for an opportune time to refinance to get a better rate than the current 3.93% (3.43% interest and 0.50% state fee), reducing the annual debt service amount. The goal was to get the annual payment down to a level that is close to the annual tax revenue stream, reducing the impact on the EFB and the pressure on sewer rates. Our financial advisor indicates that the market is favorable at this time and that we should proceed. Current F&B tax estimates for 2012 are in the $1.7 million range and the current debt service schedule calls for payments totaling $1.77 million thus balancing incomes and outgoes that year and potential providing for a positive cash flow going forward. Refinancing as a Full Faith & Credit issue would also remove the revenue bond covenant that required a large cash reserve. Initially the reserve requirement was approximately $1.7 million. Last fiscal year staff persuaded DEQ to reduce the reserve requirement to $875,000. The requirement could go away with this refinancing but the necessity of accumulating sufficient amounts to make semi-annual payments (in addition to operating cash reserves) remains. The actual benefit is the technical requirement would be removed. The current schedule is to work toward a competitive sale on September 30, 2010, and our goal is to reduce the annual debt service amount by over $75,000 per year. Related City Policies: None Page I of2 ~~, CITY OF ASHLAND Council Options: Council may ask questions, request more information or provide direction to staff if desired. Potential Motions: No action is required of Council, this is only an update. If Council desires staff to do something else then the appropriate motion can be made: I make a motion to have staff... .. . Attachments: Resolution 2010-11. Page 2 of2 ~~, . . RESOLUTION NO. ~olD - 1\ A RESOLUTION OF THE CITY OF ASHLAND. JACKSON COUNTY, OREGON AUTHORIZING THE REFINANCING OF AN OUTSTANDING LOAN AND RELATED MATTERS. WHEREAS, the City of Ashland, Jackson County, Oregon (the "City") entered into Loan Agreement No. R11750 (the "DEQ Loan") with the State of Oregon Department of Environmental Quality to finance upgrades to the City's wastewater treatment plant (the "DEQ Projects"); and WHEREAS, the DEQ Loan is secured by revenues of the City's wastewater system, a portion of the Food and Beverage Tax (also known as the Prepared Food & Beverage Tax or Meals Tax) and a reserve account; and WHEREAS, current interest rates are such that the City may be able to lower debt service costs by refunding the DEQ Loan with a borrowing that is secured by the City's full faith and credit; and WHEREAS, refunding the DEQ Loan will also allow the City to release amounts in the reserve account; and WHEREAS. the City Council is authorized by Oregon Revised Statutes Section 271.390 to enter into financing agreements to refinance real or personal property that the City Council determines is needed and to authorize certificates of participation in the right to receive the payments due from the City under those financing agreements; and . WHEREAS. the City hereby determines that it is desirable to refinance the DEQ Loan that financed the DEQ Projects; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ashland, Oregon as follows: SECTION 1. Determination of Need. The City. Council hereby determines thaI the DEQ Projects are needed. SECTION 2. Authorization. The City is hereby authorized to refinance the DEQ Loan and the DEQ Projects pursuani to ORS 271.390 and ORS 287 A.360. SECTION 3. Delegation. The City Administrator, the Finance Director, or the person designated by the City Administrator to act as Finance Director underlhis resolution (each a "City Official") is hereby authorized, on behalf of the City and without further action by the Council, to: Page 1 of 3 1 . Negoliate, execute and deliver one or more financing agreements (the "Financing Agreemenls") in an aggregate principal amount that provides net proceeds sufficient to refinance all or any portion of the DEQ Loan and to pay the estimated cosls of the refinancing. The City Official maY.pledge lhe City's full faith and credit and taxing power within the limitations of Sections 11 and 11 b.of Article XI of the Oregon Constitution to secure the Financing Agreements. and may agree to make the payments due under the Financing Agreements from any or all of the City's legally available funds. The City Official may also commit to pay the Financing Agreements from the revenues of the City's Food and Beverage Tax and pledge those revenues to secure the Financing Agreements. Subject to the limitations of this resolution, the Financing Agreements may be in such form and contain such terms as the City Official may approve. 2. Negotiate, execute and deliver one or more escrow agreements or similar documents (the "Escrow Agreements") which provide for the issuance of one or more series of 'certificates of participation" or "full faith and credit obligations' (the "Obligations') which represent ownership interests in the loan payments due from the City under the Financing Agreements. SUbject 'to the Iimitatioris of this resolution, the Escrow Agreements and each series of Obligations may be in such form and contain such terms as the City Official may approve. 3. Determine whether the interest payable on each Financing Agreement will be inciudable in gross income or excludable from gross income .under the Intemal Revenue Code of 1986, as amended (the "Code") and covenant for the b~nefjt of the . owners of tax-exempt Obligations to comply with all provisions of the Code that are . required for the interest component of loan payments payable under the related Financing Agreements to be excluded from gross income for federal income tax purposes. 4. Designate th!"l Financing Agreements and Obligations as "qualified tax-exempt obligations" under Section 265(b) of the Code, if applicable. . 5. Deem final and authorize the distribution of a preliminary official statement for each series of Obligations. authorize the preparation and distribution of a final official statement or other disclosure document for each series of Obligations, and enter into agreements to provide continuing disclosure for owners of each series of Obligations. 6. Apply for and purchase 'ratings, municipal bond insurance, or other forms of credil enhancements for the Financing Agreements and Obligations, and enter into related agreements. as necessary. 7. Enter into additional covenants for the benefrt of the purchasers of the Financing Agreements and Obligations which the City Official determines are desirable to sell the Financing Agreements and Obligations on favorable terms. 8. Engage the services of paying agents and any other professionals whose services are desirable for the financings. Page 2 of 3 9. Take actions to refund all or any portion of the DEQ Loan. 10. Determine the final principal amount of each Financing' Agreement, the interest rate or rates which each Financing Agreement shall bear, the City's prepayment rights and other terms of each Financing Agreement and each series of Obligations, subject to the limitations of this resolution. 11. Solicit competitive bids for the purchase of any series of the Obligations and award their sale to the bidder offering the most favorable terms to the City, select one or more underwriters, negotiate the terms of the sale of any series of Obligations, and sell that series to those underwriters, or place the Financing Agreements with one or more lenders. . 12. Execute and deliver any other certificates or documents and take any other actions which the City Official determines are desirable to refund the DEQ Loan or to carry out this resolution. SECTION 4. Effective Date. This resolution was dUly PASSED and ADOPTED this 20th, d of April, 2010, and takes effect upon signing by the Mayor. arbara Christensen, City Recorder SIGNED and APPROVED this 20th day 01 April, 2010. . Page 3 of 3 CITY OF ASHLAND Council Communication A Resolution Adopting a Supplemental Budget Establishing Appropriations within the 2010-2011 Budget September 7,2010 Prirnary Staff Contact: Administrative Services E-Mail: Police, Admin Departments Secondary Contact: Martha Bennett ~1.p.1:. Estimated Time: Meeting Date: Department: Secondary Dept.: Approval: Lee Tuneberg tuneberl@ashland.or.us Terry Holderness, Tina Gray Consent Question: Should Council approve a resolution adjusting the FY 2010-2011 Budget to create appropriations and authorize expenditures for unanticipated expenses during this year? Staff Recommendation: Staffrecommends approval of the attached resolution. Background: There are three ways in which to change appropriations after the Budget is adopted. 1. A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget law. This does not increase the overall budget. This is approved by a City Council resolution. 2. A supplemental budget ofless than 10 percent of total appropriations within an individual fund follows a process similar to the transfer of appropriations. 3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing. A supplernental budget is needed to adjust the FY 2010-2011 budget. This is the FIRST supplernental budget of this fiscal year. It is for the items on the attached resolution, described as follows: A. To recognize $78,000 in forfeiture rnonies dedicated to Police Department activities in the General Fund. B. To recognize $2,820 in City/County Insurance Services (CIS) for wellness activities to be added to the Administration Department aimed at reducing future benefit costs to the City. Attached is a resolution for your approval. The recommended changes in the budget are explained after each request and a staff member from the department is available to answer questions. Related City Policies: Compliance with Oregon Budget Law Page 1 of2 r.l' CITY OF ASHLAND Council Options: Council may accept this supplemental budget request as presented, recommend rnodifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. Potential Motions: I make a motion to approve the attached resolution adopting a supplernental budget for FY 2010-20 II for the purposes specified. Attachments: Resolution adopting a supplemental budget establishing appropriations within the 2010-2011 budget. Legal notice for September 1,2010. Police Department memo dated 8/16/1 0 on Supplemental Budget for Asset Forfeiture Funds Adrninistration Department, Human Resources memo on grant received dated August 23, 2010 . Page2of2. ~~, RESOLUTION NO. 2010- A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET ESTABLISHING APPROPRIATIONS WITHIN THE 2010-201 I BUDGET Recitals: ORS 294.480 permits the governing body of a municipal corporation to make a supplemental budget for the fiscal year for which the regular budget has been prepared under one or more of the following reasons: a. An OCCurrence or condition which had not been ascertained at the time ofthe preparation of a budget for the current year which requires a change in financial planning. b. A pressing necessity which was not foreseen at the time of the preparation of the budget for the current year which requires prompt action. c. Funds were made available by another unit of federal, state or local government and the availability of such funds could not have been ascertained at the time of the preparation of the budget for the current year. d. Other reasons identified per the statutes. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to adopt a supplemental budget, establishing the following additional appropriations: General Fund Appropriation: Police Department $78.000 $78.000 Resource: Intergovernmental Revenues $78.000 $78.000 To appropriate $78,000 of Asset Forfeiture monies received and dedicated to qualifying police departrnent expenditures including training, equiprnent and operations. Central Services Fund Appropriation: Administration Department $ 2.820 $ 2.820 Resource: Intergovernmental Revenues $ 2.820 $ 2.820 Page 1 of2 To appropriate $2,820 of CIS Wellness Grant monies received for use in activities related to maintaining or improving employee health with a goal to reduce future benefit costs to the City. TOTAL ALL FUNDS $80.820 $80.820 SECTiON 2. All other provisions of the adopted 2010-2011 BUDGET not specifically amended or revised in this Supplemental Budget remain in full force and effect as stated therein. SECTiON 3. This resolution was duly PASSED and ADOPTED this _ day of September, 2010 and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of September, 2010: John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 2 of2 " Public Notice of Supplemental Budget A resolution adopting a supplemental budget for the City of Ashland, Jackson County, State of Oregon, for Ihe fiscal year July 1, 2010 to June 30, 2011, will be considered at the Civic Center, 1175 East Main Street, Ashland, Oregon as part of the City's regular business on September 7, 2010, at 7:00 p.m. A copy of the supplemental budget document may be inspected or obtained on or after August 31, 2010 at the Administrative Services Department, 20 East Main, Ashland, Oregon 97520 between 8:30 a.m. and 4:30 p.m. A summary of the supplemental budget is presented below. GENERAL FUND Intergovernmental Revenues - Grants Police Department Resources $ 78,000 Requirements $ 78,000 TOTAL GENERAL FUND $ 78,000 $ 78,000 CENTRAL SERVICES FUND Intergovernmental Revenues - Grants Administration Department $ 2,820 $ 2,820 TOTAL CENTRAL SERVICES FUND $ 2,820 $ 2,820 TOTAL ALL FUNDS $ 80,820 $ 80,820 To recognize forfeiture monies received for Police Department expenditures including training, equipmenl and operations in the General Fund and a grant for wellness activities to be included in the Administration Department of the Central Services Fund. Memo DATE: August 16, 2010 TO: Martha Bennett, City Administrator FROM: Terry Holderness. Police Chief RE: Supplemental Budget for Asset Forfeiture Funds Since 2000 the Ashland Police Department has participated in a regional drug task force that handles drug investigations in and around the city. As a member of that task force the Police Department is entitled to a percentage of assets seized by the task force from drug dealers in accordance with federal law. The US Treasury Department has written guidelines on how asset forfeiture money and interest on that money rnay be spent. Under those guidelines that money shall be used "for only law enforcement purposes." The guidelines then list specific permissible uses that include training, investigative resources, facilities, equipment and law enforcement operations. The money can never be used to supplant local funds and always has to be used as additional funds for the agency receiving the money. Federal regulations also require that asset forfeiture funds "should be expended for their designated law enforcement purpose as they are received. However, these funds may be retained in a holding account for a reasonable period of time, generally no longer than two years, to satisfy afuture need, such as a capital expenditure." In July of last year the department reported that we needed to expend at least $92,472 in forfeiture funds during the budget year to remain in compliance with Federal regulations. A supplemental budget was approved that allowed the Police Department to spend that money. The automated citation system came in significantly under budget estimates. At this time we have a surplus in that account of $29,554 that needs to be reallocated during this budget year. In addition we have to spend an additional $48,218 dollars during this budget year for a total of $77,772. That will leave approximately $51,738 in the forfeiture account. Following are the areas that meet the legal criteria for use of asset forfeiture funds that the police department would like to expend during this budget year. Training The department can only use forfeiture funds for training that has not been previously budgeted and cannot reduce spending already budgeted for training. During the last two budget years the department used forfeiture funds for three week leadership training course developed by the International Association of Chief s of Police. It was the department's intention to train all department rnanagers and supervisors along with selected Police Officer Association members in leadership. We have seen some turn over in the ranks of our supervisory staff in the last 18 months and need to send several supervisors to the class. The cost of sending our rernaining supervisors is $6,000. Equipment All of our marked units are equipped with an in-vehicle carnera system. That system and all of its components have been purchased using forfeiture funds. The server used to store the video and audio recordings produced by the system needs to be replaced. The cost ofa new server is $7,000. At present the police department does not have an automated schedule or payroll system. AFR uses Telestaff as an automated schedule systern but does not use the automated payroll module of that system. The police department would like to purchase a license to use the Telestaff system and also purchase the automated payroll module so that both departments could automate their time sheets. Estimated cost of the Telestaff scheduling and payroll systems is $20,000. There are several software products on the rnarket that automate EOC operations. The department found one vendor that offers a product both for use in major events requiring EOC activation and for planning scheduled events such as July 4 and Halloween. The cost of the software is $2,500 for each user. We would like to buy two systems one for use by the police department and one for use by AFR so both departments can share information and more effectively assist each other during major events or incidents. Cost of software for two units $5,000. Following is a summary of all recommended equiprnent: E C ,qUlpment ost Server for ICOP system $7,000 Telestaff system $20,000 EOC software $5,000 Total $32,000 2 Police Facilities The department would also like to upgrade our existing training roorn with a large flat screen monitor that would be connected to the existing computer. The monitor would be used so the entire roorn could view training videos or power point presentations. Estirnated cost of the monitor and installation of the systern is $2,000. In order to more effectively use space in the existing building we would like to remodel several existing offices to give more space for the detective unit. Estimated cost of remodel and new furniture is $14,000. The department's property storage is cornpletely out of space and we have to store some evidence and property in storage containers behind the station. We would like to install an expandable shelving system in the property room similar to what we are presently using for records storage. This should increase the amount of property we can store in the property room by 30%. Cost of the shelving system is $12,000. Last year we added a covered parking area to our parking lot. We would like to run electricity to the area for lighting and for battery chargers. Estimated cost is $12,000. E c oaulDment ost Monitor $2,000 RemodellFurniture $14,000 Prooerty Shelving $12,000 Electrical for covered parking area $12,000 Total $40,000 The following table is a summary of how the police department is recommending that asset forfeiture funds be expended this budget year. Permissible Use Estimated Expenditure Training $6,000 Equipment $32,000 Police Facilities . $40,000 Total $78,000 3 Memo CITY OF ASHLAND DATE: TO: FROM: RE: August 23,2010 Lee Tuneberg, Administrative Services/Finance Director Tina Gray, Human Resource Manager Supplemental Budget The City will be receiving $2,820.00 this year frorn a CIS Wellness Grant award. We will be using the funds for various wellness activities in the City in accordance with the CIS grant requirernents. I would like to request that you recognize the CIS Wellness Grant it in the next Supplemental Budget so we can use the funds. Thanks, Tina AOMINISTRATIONlHUMAN RESOURCES 20 E. Main Street Ashland, Oregon 97520 WNN,ashland.or.us Tel: 541-488-0002 Fax: 541-488-5311 TTY: 800-735-2900 ~~, CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Approval of Special Procurement Contract to Small Woodland Services, Inc., to Support AFR Project September 7,2010 Primary Staff Contact: Fire Department E-Mail: Administration fJ. Secondary Contact: Martha Bennett ~.t\,f.Estimated Time: John Karns kamsj@ashland.or.us None Consent Question: Should the Council, acting as the Local Contract Review Board, approve a Special Procurement and enter into a contract with Small Woodland Services Inc.? Staff Recommendation: Staff recommends that the LCRB approve and that the City enter into a public contract with Small Woodland Services, Inc., based on the Special Procurement Request for Approval. Background: In 1996, the City of Ashland requested proposals from qualified persons to provide commercial and non-commercial silvicultural activities on city-owned lands in, and adjacent to, tlie City of Ashland Watershed. At that time the only response received was from Small Woodland Services, Inc. A contract for work was entered into with Small Woodlands Services, Inc. to conduct silvicultural projects across the 1,075 acres of City-owned forest lands. In 2002, a second RFP was issued for continuation of project work and Small Woodland Services, Inc. was the only response received. The City has entered into a Master Stewardship Agreement (MSA) with the United States Forest Service, The Nature Conservancy, and Lomakatsi Restoration Project, that enables the City to participate as a partner in planning, implementation, and monitoring of forestry related work identified by the community and United States Forest Service (USFS) in the City's municipal watershed and on adjacent USFS land. This collaborative project is known as the Ashland Forest Resiliency project. The City has signed a Supplemental Project Agreernent (SPA), which contains specific deliverables, timeframes and budget for staff and services for the AFR project. As the City's contracted forester, Small Woodland Services is charged with providing healthy forest work on City owned lands, and now is being requested to perform such work on United States Forest Service land as specified in the AFR project. Under the SPA, the amount of consulting services required exceeds the amount that can be directly awarded. The previous contract with Small Woodland Services, Inc was awarded in 2007 to ensure the health of the City owned lands in the watershed as well as guide and assist the City in issues concerning watershed management. The City has committed to deliverables in the Ashland Forest , Resiliency Stewardship Project Supplemental Project Agreement (SPA) (No.1 O-SA-II 060489-077). Small Woodland Services, Inc. is responsible for leading or helping staff with City-specific or shared partner roles. This contract is to allow Small Woodland Services, Inc., to provide similar services on adjacent United States Forest Service land. Page 1 of2 r~' \ CITY OF A.SHLAND Staff has determined that Small Woodland Services is the only contractor that is capable of efficiently implementing the elements of the Ashland Forest Resiliency project to fulfill the City's obligations under the MSA and SPA because of its extensive knowledge of the project. See attached Special Procurement Request for Approval. Staff requests approval from the City Council, acting as the Local Contract Review Board, to enter into a Special Procurement to directly award the contract to Small Woodland Services, Inc. It has been determined based on written findings that Small Woodland Services (Marty Main/Owner) is the only company in the Rogue Valley that is farniliar enough with this project to be able to efficiently provide the specialized skills and knowledge required by the MSA and SPA of the Ashland Forest Resiliency Project. Fiscal Impact: This contract will not exceed $100,000 and is funded by federal funds through the Ashland Forest Resiliency project. Related City Policies: 2.50.090 Exemvtions from the Formal Comvetitive Selection Process G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 279B.055, 279B.060, 279B.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other applicable provisions of law. Council Options: Local Contract Review Board can approve the Special Procurernent or decline to approve the Sole Special Procurement. Potential Motions: Move to approve the Special Procurement and authorize the Mayor to execute a contract with Small Woodland Services, Inc., not to exceed $100,000. Attachments:' Special Procurement Request for Approval Page 2 of2 r.l' CITY OF ASHLAND I FORM #9 SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: John Karns, Fire Chief Date: August 24,2010 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Ashland Fire and Rescue 2. Department Contact Name: John Karns 3. Type of Request: Class Special Procurement x Contract-specific Special Procurement 4. Time Period Requested: From To: 5. Total Estimated Cost: FY 2010-2011- Not to exceed $100.000 6. Short title ofthe Procurement: Small Woodland Services. Inc. Supplies and/or Services or class of Supplies and/or Services to be acquired: The award is for Consulting Forester and Silviculture Projects services to the City, as a partner in the Master Stewardship Agreement of the Ashland Forest Resiliency project, which will include the planning, development and execution of silviculture projects in the Ashland Watershed on United States Forest Service land. These projects include, but are not necessarily lirnited to, the supplying of all labor, equipment, rnaterials and silviculture consultation services necessary to conduct wildfire fuel reduction and forest health enhancement planning and activities in the Ashland Watershed. Small Woodland Services will also participate in community engagement and multi-party monitoring activities associated with AFR. Marty Main (Owner of Small Woodland Services, Inc.) will also provide the services of a technical consultant, on behalf ofthe City of Ashland, to the USFS for the Ashland Forest Resiliency Project. In the first year, ending June 30, 201 I, Small Woodland Services, Inc., will be providing prescription services, marking of units, and monitoring over. This contract will expire on June 30, 201 I. There is an option to continue the contract with three (3) one year extensions for a maximum contract term of four (4)years. Form #9 - Special Procurement - Request for Approval, Page 1 of 6,9/1/2010 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: In 1996, the City of Ashland requested proposals frorn qualified persons to provide commercial and non-commercial silviculture activities on city-owned lands in, and adjacent to, the City of Ashland Watershed. At that time, only one response was received from Small Woodland Services, Inc. A contract for work was entered into with Small Woodlands Services, Inc. and the contract period was not specified because it was not known how many years it would take, given funding cycles, to conduct silviculture projects across the 1,075 acres of City-owned forest lands. In 2002, a second RFP was released for continuation of project work and Srnall Woodland Services, Inc. was the only company to submit a proposal. Proposed procedure: The proposed procedure is a direct award of the contract to Small Woodland Services, Inc., for the value of the contract, which is not to exceed $100,000. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Since the original RFP in 1996, the City of Ashland has engaged Small Woodland Services as its. technical silviculture consultant with regard to the USFS Ashland Forest Resiliency (AFR) Project. Because of their fundamental role in the development of the Community Wildfire Protection Plan and submission to the USFS for the AFR project, it is essential that Small Woodland Services Inc. be retained until AFR is completed. In the two previous RFPs released for Forest Work, Small Woodland Services, Inc. was the only proposer to submit a proposal. This contract requires a service provider who is capable of providing silvicultural and community education/relations work consultation services in support of the AFR project. Small Woodlands Services, Inc. is uniquely qualified to provide this broad range of services to the City of Ashland. The City of Ashland has demonstrated a desire to use silvicultural work on its forest land ownership as a learning laboratory, as well as carrying forth forest managernent actions designed to improve forest ecosystem health. A variety of permanent study plots, and other experimental wildfire fuels treatment strategies have been undertaken by Srnall Woodlands Services, Inc. on City-owned forest lands. It would be difficult, if not impossible, to replicate or continue these existing strategies and transfer the knowledge of the AFR project with a change in service providers. These strategies are an integral part of the implementation process of the Ashland Forest Resiliency project, serving as living examples for partners and the public. Small Woodlands Services, Inc. is uniquely qualified to provide the services required for the Ashland Forest Resiliency criteria: . The experience of the offeror with silvicultural activities in municipal watersheds, with similar vegetation, topography, wildlife habitat and fire regirne as is found in the Bear Creek Watershed . Projects conducted with minimal disruption to forest ecosystems. . Projects utilized methods consistent with Ashland community values. Form #9 - Special Procurement - Request for Approval, Page 2 of 6, 9/1/2010 . Work performance that demonstrates an understanding of potential impacts upon forest health. . Sensitivity to cornmunity attitudes regarding watershed values. . Experience in cornmunity education regarding wildfire mitigation. . Previous work performance that has rninimized impacts on adjacent landowners and residential neighborhoods. . Previous work performance that has enhanced long term habitat creation within project areas. . A general approach to project management which creates opportunities for city and community involvement and is inclusive. . Sensitivity to environment activism and special interest groups. . Standards of performance which meet community acceptability. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: First, this Special Procurement is unlikely to encourage favoritism or substantially diminish cornpetition because the Ashland Fire Resiliency Master Stewardship Agreement (MSA) and Supplemental Project Agreement (SPA) determine the work that is to be completed each fiscal year and the amount of money that is to be paid for that work. The Council adopted these agreements in January and February of this year. Directly awarding this contract will not result in diminished competition because the scope of work and the price for the work cannot be negotiated. Second, Small Woodlands Services, Inc., is the only entity that has submitted a proposal on the two prior occasions when the City requested proposals for silvicultural and cornrnunity education/relations work consultation services in support of the AFR project. Therefore, it is unlikely that competition is substantially diminished by the direct award of this contract. See AFR Work Plan July 201O-June 20 II attached as Exhibit A. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and (b )(i) will result in substantial cost savings to the contracting agency or to the public because: This Special Procurernent will result in substantial cost savings to the public because (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or x (b )(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements ofORS 279B.055, 279B.060, 2798.065, or 2798.070, or any rules adopted thereunder because: This Special Procurement will substantially promote the public interest in a manner that could not practicably be realized by cornplying with the above referenced aspects of the Public Contracting Code because Small Woodland Services will be able to begin implementation of the MSA and SPA immediately upon award of the contract. Small Woodland Services, Inc., has experience with the MSA and SPA and a history of working with the City on the AsWand Forestry Resiliency project. Small Woodland Services familiarity with the project and its goals will ensure that the implementation of the agreement and completion of the work can begin immediately and that the goals of these agreements are realized. The delay associated with a RFP and the further delays associated with awarding this contract to an entity that is not familiar with the MSA and SPA make awarding this contract pursuant to an RFP impractical. In addition, the permanent study plots that Small Woodlands Services, Inc., has established would be difficult, if not impossible, to replicate or continue these with a change in service providers. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procuremenl- Request for Approval, Page 3 of 6,9/1/2010 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice ofthe Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting Agency shall. give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. Date Public Notice first appeared on www.ashland.or.lIs - 9/4/2010 PUBLIC NOTICE Approval of a Special Procurement First date of publication: 9/4/2010 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on 9/7/20 I O. These projects include, but are not necessarily limited to, the supplying of all labor, equipment, materials and silviculture consultation services necessary to conduct wildfire fuel reduction and forest health enhancement planning and activities in the Ashland Watershed. This will be a direct award made upon approval nfthe Local Contract Revlew Board. It has been determined based on written findings that the Special Procurernent will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279BAOO and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Ashland Fire and Rescue, 455 Siskiyou Blvd., Ashland, OR., 97520, John Karns 541-482-2770. The seven (7) protest period will expire at 5;OOpm on 9/11/2010 This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement - Request for Approval, Page 4 of 6, 9/1/2010 Authority to enter into a Special Procurement: Section 2.50.090 Exemptions/rom Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (RequesljiJr Proposal) pursuant /0 ORS 279A - 279C and ,he Model Rules erceptJor the follolting: G. Special Procurements - a public contrael for a class special procuremenJ. a cofltrac/ specific procurement or bolh, based upon a colllrac/ing procedure that differs from procedures described in ORS 279B.055. 279B.060, 2798.065, 279B.070. The contracting approach may be custom designed 10 meet the procuremelll needs. J. Special procurements shall be awarded in accordance with ORS 279B.085 and all other applicable provisiollS of law. ORS 279B.OB5 Special procurements. (I) As used in this section and ORS 2798.400: (a) "Class special procurement" means a contracting procedure that differs from the procedures described in ORS 2798.055,2798.060, 2798.065 and 2798.070 and is for the purpose of entering into a series of contracts over time or for multiple projects. (b) "Contract-specific special procurement" means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B. 070 and is for the purpose of entering into a single contract or a number of related contracts on a one-time basis or for a single project. (c) "Special procurement" means, unless the context requires otherwise, a class special procurement, a contract-specific special procurement or both. (2) Except as provided in subsection (3) of this section, to seek approval of a special procurement, a contracting agency shall submit a written request to the Director of the Oregon Department of Administrative Services or the local contract review board, as applicable, that describes the contracting procedure, the goods or services or the class of goods or services that are the subject of the special procurement and the circumstances that justify the use of a special procurement under the standards set forth in subsection (4) of this section. (3) When tlte contracting agency is the office of the Secretary of State or the office of the State Treasurer, to seek approval ofa special procurement, the contracting agency shall submit a wntten request to the Secretary of State or the State Treasurer, as applicable, that describes the contracting procedure, the goods or services or the class of goods or services that are the subject of the special procurement and the circumstances that justify the use of a special procurement under the standards set forth in subsection (4) of this section. (4) The director, a local contract review board, the Secretary of State or the State Treasurer may approve a special procurement if the director, board, Secretary of State or State Treasurer finds that a written request submitted under subsection (2) or (3) of this section demonstrates that the use of a special procurement as described in the request, or an alternative procedure prescribed by the director, board, Secretary of State or State Treasurer: (a) Is unlikely to encouragefavontism in the awarding of public contracts or to substantially diminish competition for public contracts; and (b)(A) /s reasonably expected to result in substantial cost savings to the contracting agency or to the public; or (B) Otherwise substantially promotes the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 2798.055,2798.060, 279B.065 or 279B.070 or under any rules adopted thereunder. (5) Public notice of the approval ofa special procurement must be given in the same manner as provided in ORS 2798.055 (4). (6) If a contracting agency intends to award a contract through a special procurement that calls for competition among prospective contractors, the contracting agency shall award the contract to the offeror the contracting agency determines to be the most advantageous to the contracting agency. (7) When tlte director, a local contract review board, the Secretary of State or the State Treasurer approves a class special procurement under this section, the contracting agency may award contracts to acquire goods or services within the class of goods or services in accordance with the terms of the approval without making a subsequent request for a special procurement. [2003 c. 794 ~'57; 2005 c.103 !j8d; 2007 c. 764 .i7J OAR 137-047-0185 Special Procurements (I) Generally. A Contracting Agency may Award a Contract as a Special Procurement pursuant to the requirements ofORS 279B.085. (2) Public Notice. A Contracting Agency shall give public notice of the Colltract Review Authority's approval ofa Special Procurement in the same manner as public notice of competitive sealed Bids under ORS 2798.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting Agency shall give Affected Persons at least seven (7) days from the date of the notice of approval of the Special Procuremellt to protest the Special Procurement. (3) Protest. An Affected Person may protest the request for approval of a Special Procuremellt in accordance with ORS 2798.400 and OAR /37-047-0700. FOn11 #9 - Special Procurement - Request for Approval, Page 5 of 6,9/1/2010 EXHIBIT A AFR Work Plan July 2011 - June 2012 Activi1y Community Engagement Plan Daily Rate Days Tala! .M. . .l3!lfI.\\S. CHAMBERS $354 80 528.320 $11,526 $16,794 = $410 40 $16,400 I $16,400 KARNS $545 15 $8,175 .. $8, ;75 e~d"_eH"U.B CHAMBERS $354 18 $6,372 $2,593 53,779 = $410 36 $14,780 $14,760 I KARNS $545 8 $4 360 . . 54 360 ~BE8SI"__"_ = $410 105 $43,050 $43,050 CHAMBERS $354 30 $10,620 $4,322 SoNS .. ~ ~ 53'280 _. ~BERSW~~ 832 ~ KARNS $545 18 $9,810 CHAMBERS $354 8 52,832 $1,153 = $410 12 $4920 $4920 C&MBE8S. _~.m_ _SU08O_ .$2!882. .S!I!l!li1l. ADMIN $218 119 525942 525.942 >$21 53U: 1,:$11 04712 i:,S97" 90 'Ii Other Project Costs ___I Inn Implementation Costs . Helicopter Operation. un 1 n Office SU lies F.0l!!il .Sillii>Iil!S Travel - Gas and Vehicle Rental for work and fJeld trips 11 liW1Sr n lS!'arKl"'_ _ile Hosting and Design .2C0~lnc",I"f2'I";' . .. ,,,,OTHER COSTS SUIl' TAL> TOT ~ (ARM includes 16% administration fee 00 non-contract items) CHAMBERS SmaI1 Woodlands KARNS 190 73.08% 239 91.92% 4115.n% S67,260 NOlE Possible Qty \\Uk days nirtlS holidays and 10 days vacation is 239 $97,990 $22,345 Fonn #9 - Special Procurement - Request for Approval, Page 6 of 6, 9/1/2010 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Acceptance of a Federal Aviation Administration Grant September 7, 2010 Primary Staff Contact: James. Olson Public Works E-Mail: olsonj@ashland.or.us Administration t91?. Secondary Contact: Scott A. Fleury Martha Bennett t-f'<((a. Estimated Time: Consent Agenda Question: Will the Council approve a discretionary Federal Aviation Administration (FAA) construction grant for the Airport Improvement Project-Runway (AlP) Rehabilitation and Precision Approach Path Indicator (PAPI) light installation in the amount of$I,581,949.00? Staff Recommendation: Staffrecomrnends that Council accept a Federal Aviation Administration (FAA) construction grant for the Airport Improvernent Project-Runway Rehabilitation and Precision Approach Path Indicator (P API) light installation for the amount of $1 ,581 ,949.00. Background: In 2009 the Federal Aviation Administration (FAA) approved the City's funding request for a project to reconstruct runway 12/30 and to install Precision Approach Path Indicators (pAPI's) at the Ashland Municipal Airport. The grant has a 5% soft match requirement derived from staff time and expenses incurred in the development of the project. The consulting firm of Reid Middleton, Inc. was selected through a formal "request for proposal" (RFP) process and a contract in the amount of$195,399.00 was approved by the Council on June 16, 2009. The final design was completed by Reid Middleton in June of2010. This phase of this project was funded from a non-primary entitlement grant in the amount of$199,000. The construction portion of the project is estimated at $ 1,674,849 and was delayed for approximately two months until Federal discretionary grant funds became available. The FAA has verbally offered a discretionary grant in the amount of $1 ,581 ,949.00 for the construction and associated engineering services. The grant paperwork is currently with the Department of Transportation for final signature and will be sent to the City within the rnonth of September for execution. This grant also requires a 5% match ($71,473 if proposed engineering and construction contracts are approved) and Staff has applied for a Connect III grant to fund this amount. (As part of the Connect III process, the legislature sets aside 5 million dollars to assist smaller municipalities with airports to cover the required FAA 5% match.) The City has received confirmation from the Oregon Department of Transportation that we will indeed receive a maximum of $92,900 toward the City's match. The grant acceptance for the Connect III monies will be presented to the Council at a later date. Page 1 of3 ~.l' CITY OF ASHLAND Proiect Need The Ashland Municipal Airport was developed at its present site in 1970. Over the ensuing years it has been expanded, maintained and reconstructed through grants from the Federal Aviation Administration (FAA) and the Oregon Department of Aviations (ODA). Over the past several years, Runway 12/30 has developed numerous longitudinal and transverse cracks, some of which measure 2 to 3 inches in width. Numerous surface treatments for crack control have been applied including flexible crack seals, pavement inlays and slurry seals, but none have proven to be lOO% effective. The most recent studies have indicated that a full pavement reconstruction is needed. In addition to the runway reconstruction, it was also recommended that the existing Visual Slope Indicator Lights (V ASI) located at each end of the runway be replaced with updated technology. The old V ASl systems are no longer supported by suppliers, are outdated and their function has been replaced with Precision Approach Path Indicator (P API) lights. Replacement of the V ASI system is included with the runway rehabilitation. Budget Summarv Shown below in Table I is the financial breakdown for the runway rehabilitation project. Table 1. Budgeted Amount FAA AlP Discretionary Grant 5% City Match (Connect III Grant) $ $ Budget Totals $ 1,581,949.00 92,900.00 1,674,849.00 With the addition of the Connect III monies to cover the 5% rnatch, the City will expend zero funds for the Runway Rehabilitation project. Related City Policies: The Council has authority to enter into agreements and to accept grants offered by other governmental agencIes. Council Options: . Council may approve the attached FAA Grant Award to construct the current Airport Improvement Project. in the amount of$I,58l,949.00; . Council may reject the Grant A ward. Page 2 00 ~~, CITY OF ASHLAND Potential Motions: . Move to approve the FAA Grant Award in the amount of$1,581,949.00; . Move to reject the Grant Award. Attachments: None. Page] of3 ='~, CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Approval of an Engineering Services Contract and a Construction Services Contract for Airport Project No. 08-62 September 7,2010 Primary Staff Contact: Public Works E-Mail: Administration " Secondary Contact: ~.f"~, Martha Bennett "t.-"F Estimated Time: James. Olson 552-2412 olsonj@ashland.or.us Scott A. Fleury 552-2416 Consent Agenda Question: Will the Council, acting as the Local Contract Review Board, award an engineering services contract to Reid Middleton to provide construction administration services and a construction contract with Knife River Materials for the Airport Improvement Project-Runway Rehabilitation and PAPI installation? Staff Recommendation: I) Staffrecomrnends that Council approve an engineering services contract to Reid Middleton in an amount not to exceed $143,545. and 2) Staff recommends that Council approve a construction contract with Knife River Materials to provide a construction services for the Airport Improvement Project in an amount not to exceed $ I ,285,969.00. Background: In 2009 the Federal Aviation Administration (FAA) approved the City's funding request for a project to reconstruct runway 12/30 and to install Precision Approach Path Indicators (PAPI's) at the Ashland Municipal Airport. The grant has a 5% soft match requirement derived from staff time and expenses incurred in the development of the project. The consulting firm of Reid Middleton, Inc. was selected through a formal "request for proposal" (RFP) process and a contract in the amount of$195,399.00 was approved by the Council on June 16, 2009. The final design was completed by Reid Middleton in June of20l0. This phase of this project was funded from a non-prirnary entitlement grant in the amount of$ I 99,000. Once the engineering was completed, the City of Ashland advertised the construction portion of the project for public bid. (The associated engineering services, as required by federal law, will be contracted to Reid Middleton.) On June 10,2010 a request for quote was advertised statewide, in both local newspapers, and on the City website and bid documents were sent to prospective bidders, plan centers and builder's exchanges throughout the state. A non-mandatory pre-bid meeting was held on June 17,2010 to provide bidders an opportunity to view the site and ask project specific questions. On July 1, 2010 the City of Ashland received two bids: Knife River Materials and Johnny Cat Inc. The bids where opened publicly and read aloud. Knife River Materials was the low responsive bidder with a bid amount of$1,285,969.00. A letter ofrecommendation of award was sent to the FAA along with all required bid information for a final review. Page I 00 r.l' The project was delayed for approximately two months until Federal discretionary grant funds becarne available. The FAA has verbally offered a discretionary grant in the amount of $1,581,949.00 for the construction and associated engineering services. The grant paperwork is currently with the Department of Transportation for final signature and will be sent to the City within the month of September for execution. A separate Council Communication is on the consent agenda asking for acceptance of the FAA discretionary grant. The discretionary grant also requires a 5% match ($71,473) and Staff has applied for a Connect III grant to fund this amount. (As part of the Connect III process, the legislature sets aside 5 million dollars to assist smaller municipalities with airports to cover the required FAA 5% match.) The City has received confirmation from the Oregon Department of Transportation that we will indeed receive a maximum of $92,900 toward the City's rnatch. The grant acceptance for the Connect III monies will be presented to the Council at a latter date. Proiect Need The Ashland Municipal Airport was developed at its present site in 1970. Over the ensuing years it has been expanded, maintained and reconstructed through grants from the Federal Aviation Administration (FAA) and the Oregon Department of Aviations (ODA). Over the past several years, Runway 12/30 has developed numerous longitudinal and transverse cracks, some of which measure 2 to 3 inches in width. Numerous surface treatments for crack control have been applied including flexible crack seals, pavement inlays and slurry seals, but none have proven to be 100% effective. The most recent studies have indicated that a full pavement reconstruction is needed. in addition to the runway reconstruction, it was also recommended that the existing Visual Slope Indicator Lights (V AS I) located at each end of the runway be replaced with updated technology. The old V ASI systems are no longer supported by suppliers, are outdated and their function has been replaced with Precision Approach Path indicator (PAP I) lights. Replacement of the V ASI system is included with the runway rehabilitation. Budget Summarv Shown below in Table 1 is the financial breakdown for the runway rehabilitation project. Table 1. Project Costs Contruction Contract - Knife River Materials $ Engineering Services Contract - Reid Middleton $ Contract Totals $ 1,285,969.00 143,500.00 1,429,469.00 Budgeted Amount FAA AlP Discretionary Grant 5% City Match (Connect III Grant) $ $ Budget Totals $ 1,581,949.00 92,900.00 1,674,849.00 Page 2 on r.l' With the addition of the Connect III monies to cover the 5% match, the City will expend zero funds for the Runway Rehabilitation project and potentially $245,380 of the granted amount rnay go unused. Related City Policies: Council is required to approve engineering services contracts that exceed $75,000 under both ORS 279 B and AMC Chapter 2.50. The Council has authority to enter into agreements and to accept grants offered by other governmental agencies. Council Options: . Council may approve the attached contract with Reid Middleton to perform engineering services duties not to exceed $143,500; . Council may revise the scope of services to be provided by Reid Middleton; . Council may reject the engineering services contract. . Council may approve the attached construction contract with Knife River Materials in an amount not to exceed $1,285,696.00; . Council may revise the scope of construction to be provided by Knife River Materials; . Council may reject the construction contract. Potential Motions: Item 1: . Move to approve the attached contract with Reid Middleton to perform engineering services not to exceed $143,500; . Move to modify the contract with Reid Middleton; . Move to reject contract. Item 2: . Move to approve the attached construction contract with Knife River Materials in an amount not to exceed $1,285,969.00; . Move to modify the contract with Knife River Materials; . Move to reject contract. Attachments: Engineering Services Scope - Reid Middleton Construction Bid Tabulation Sheet - Knife River Materials Connect III Rural Airport Grant Award letter Page} on r.l' ... Exhibit A Engineering Scope of Services City of Ashland Ashland Municipal Airport Runway 12/30 Rehabilitation and PAP11nstaIlation Additional llesign Phase and Construction Engineering Services A. PROJECT DESCRIPTION The primary objective of the project is to rehabilitate Runway 12/30 and remove and replace the existing V ASI system with new PAPI's at both runway ends. Runway 12/30 at the Ashland Municipal Airport is 3,603 feet in length, 75 feet wide, and is comprised of asphalt concrete pavement. The pavement is rated for up to 15,500 pound single wheel gear. The airport has an Airport Reference Code (ARC) of B-1 (small). The project wili include the following work items; I. Pavement rehabilitation of Runway 12/30 is anticipated to include an asphalt overlay to the existing runway pavement (3,603' x 75 '), with transition paving extending onto six existing connecting taxiways to match existing grades. With the grade changes to the runway surface, this will require the re-grading of the adjaccnt shoulder areas to meet FAA criteria as well as the grade adjustment of the existing runway edge lights and affected taxiway edge reflectors. Runway safety area grades will be designed to meet FAA grade requirements. Currently there are no subdrains installed along Runway 12/30. The FAA requires the installation of subdrains to provide protection for pavement areas from subsurface water. Included in the runway rehabilitation will be the construction of a new subdrain system along either side of the runway. Subdrains are not anticipated to be installed along connecting taxiways. Signage adjustmcnts are not anticipated to be necessary as part of this rehabilitation. . 2. There is a V ASI system at each end of the runway at the Ashland Muncipal Airport. These systerns are outdated and at the end oftheir design life. This project will include replacing the existing V ASI's with 2-Box PAPI's. We understand from the FAA that this will not trigger a flight check. Reid Middleton will perform the engineering services detailed in Section B for the project listed above. Port of Olympia Taxiway E and Taxiway C/F Intersection Additional Design and Construction Engineering May 26,2010 Scope of Services Page 1 of 12 -- B. SCOPE OF REID MIDDLETON SERVICES I. Additional Design Phase Services TBD 2. Construction Engincering Services Thc engineering effort for bidding assistancc and construction managemcnt services for the rehabilitation of Runway 12/30 and PAPI construction project is included within this contract supplement. Thc engineering effort and costs include Reid Middlcton and their subconsultants Carlson Testing Inc. (quality assurance testing), and Elcon Associates, Inc. (electrical construction administration), and Wicks Engineering & Surveying (As-built Surveying). The following construction engineering scrviccs are for the Runway 12/30 Rehabilitation and P API Installation project: a. General Construction Administration The Consultant will provide administration, management, and general coordination for the project during the construction and closeout period of the projcct. This time duration is estimated at three weeks from bid advertisement to bid opening; 12 weeks from bid opening to construction notice-to-proceed; 9 weeks for construction; and 8 weeks for post construction and closeout. Consultant will coordinate with the City and the FAA to facilitate project progress. Project administration items include: (1) Provide project administration and management from bid advertisement to bid opening. (2) Provide project administration and managcment from bid opening to notice-to-procced. (3) Provide project administration and management during construction phase. (4) Provide project administration and management during post construction phase. Port of Olympia Taxiway E and Taxiway C/F Intersection Additional Design and Construction Engineering May 26, 2010 Scope of SeIVices Page 2 of12 ~ .........,~ (5) Coordinate and Prepare NPDES General Permit #1200-C Application for Construction. This includes coordination during the application process, preparing the application form, preparing the narrative for the application, submitting application, addressing DEQ comments, and finalizing docwncnt. (6) Assist the City with preparation of FAA Grant Reimbursment Requests. For estimating purposes we have asswned the preparation of scven reimbursement requests. b. Bidding Assistance (I) Document Interpretation: Assist the City in responding to contractor questions and interpretations of contract documents during the bidding phase. (2) Pre-bid Conference: Attend and assist the City in conducting a pre-bid conference. The Consultant will prepare an exhibit board for use at the meeting. The City shall provide the meeting facility, facilitate the meeting, and officially record attendance and meeting minutes. The Consultant will provide the City with a copy of notes taken during the meeting and respond to questions raised during the conference. (3) Addendum Preparation: Assist the City, as requested, in preparing any required addenda to the contract bid documents. Preparation of Two addendums has been budgeted for this task. The City will be furnished a CD containing one Word file of the addendum specification changes, and one pdf file of the addendum plan changes. The pdf files will not be internally bookmarked. The City shall be responsible for final distribution of the addendum to plan holders and the elcctronic pdffiles of the contract docurnents to the electronic bid exchange services. (4) Update the FAA AlP Grant application for construction bid numbers and submit to City and FAA. Port of Olympia Taxiway E and Taxiway C1F Intersection Additional Design and Construction Engineering May 26, 2010 Scope of Services Page 3 of 12 ... '()., Construction Assistance The Consultant will provide construction assistance during the period of construction. A maximum construction duration of9 weeks is budgeted. (I) Construction Management Plan The Consultant will prepare a construction management plan per FAA requirements. The Consultant will prepare five copies of the document and distribute two to the Port, one to the contractor, one to the FAA, and retain one copy. (2) Pre-Construction Meeting Consultant will attend and assist the City in conducting the pre-construction meeting. The Consultant will develop and prepare an exhibit board and presentation materials. The City shall prepare the agenda and provide the meeting facility and officially record attendance. The Consultant will provide the City with a copy of notes taken during the meeting and respond to questions raised during the conference. (3) Construction Coordination Consultant will manage and coordinate staff and subconsultants' team members for the duration ofthe construction project off-site from Consultant's office. Consultant will effectively communicate and keep the City and FAA apprised of prOh'Tess and issucs arising. Consultant will coordinate with the City for decision and direction as necessary. (4) FAA weekly Reports Prepare and submit weekly field reports to the FAA. The City will provide field input to the Consultant to assist in preparing the report. Port nf Olympia Taxiway E and Taxiway C/F Intersection Additional Design and Construction Engineering May 26, 2010 Scope of Services Page 4 of 12 -- (5) Progress Estimate Review Consultant will review contractor monthly pay requests. The City will provide support from the field on legitimacy of the contractors requested payment quantities. Consultant will prepare monthly contractor progress pay estimates and submit to the City for processing and payment. (6) Construction Submittals Consultant will accept, log, review, and distribute the contractor's submittals, including shop drawings. (7) Prepare/Review Change Orders Consultant will coordinate with the City and the FAA regarding issues requiring change orders (CO) and, when requested by the City, prepare or assist in preparation of CO documents and necessary revisions to thc drawings and specifications. (8) Interpretations and Field Directives Consultant will provide technical assistance to clarify and interpret the contract documents when requested by the City or Contractor. Consultant will review and respond to requcsts of information (RFIs) and prepare construction change directives (CCDs). (9) Payroll Record Review Consultant will collect and check payroll records of the contractor and their sub-contractors. (10) Field Engineering / Construction Observation The Consultant will provide construction observation for one day every other week throughout the duration of the project. Construction observer will observe construction and key Poil of Olympia Taxiway E and Taxiway elF Intersection Additional Design and Construction Engineering May 26,2010 Scope of Services .Page 5 of12 ~ elements of construction to detcrrnine that the contractor is meeting the requirements in the contract documents. Construction observation will include the following responsibilities and duties: (a) If Consultant is present during a regularly schedule weekly construction meeting, the Consultant will attend meetings. (b) Coordinate with contractor and monitor construction activities for contract compliance. (c) Record and document all modifications or field deviations from the construction plans. (d) Measure and document construction pay quantities. (II) As Needed Field Engineering / Construction Observation As necessary thc Consultant will also provide additional on- site construction observation support as warranted by the project. For estimating purposes four additional site visits by the Consultant for unanticipated field support have been . budgeted. (12) Quality Assurance Testing Consultant will provide on-site quality assurance coordination and observation for the duration of asphalt concrete paving. On-site quality assurance coordination has been estimated at two days for the test strips paving and six days for the production paving operations. Quality assurance testing will be provided by Carlson Testing, Inc., contracted as a subconsultant for this project (see attached detailed scope). Testing services will be provided for the duration ofthe projcct and consist of Marshall Mix design asphalt testing as required by the FAA. Anticipated effort for quality assurance testing includes testing for two test strips and six days of production paving. Quality assurance testing Port of Olympia Taxiway E and Taxiway elF Intersection Additional Design and Construction Engineering May 26, 2010 Scope of Services Page 6 of 12 ~, for non-asphalt related work items is the responsibility of the Contractor. (13) Final Completion Inspections Consultant will conduct onc final project walk-through with the City, Contractor, and FAA, of the completed construction project. The Consultant will prepare a final punch list and coordinate with the Contractor the items needing to be .' addressed. d. Contract Document Project Closeout (I) Consultant will preparc project closeout report documentation for City and FAA approval per FAA requirements. The closeout included hcrcin is for AlP Grant No. 08, specific to the Runway Rehabilitation and P API Installation Project only. Consultant will compile construction specific project costs and documents for the project closeout. (2) Consultant will perform an as-built survey of the completed constructed improvements. Wick Engineering and Surveying, a sub-consultant to Reid Middleton will perform the field as~ built survey (see attached detailed scope). Consultant will prepare as-builts for the City on full-size mylar prints, a clectronic pdf file, and an electronic copy of AutoCad v. 2007 survey files for the City to input into their GIS system. If GIS specifications require specific AutoCad standards for GIS input, standards shall be specified by the City prior to as-built survey. This scope item assumes effort to configure survey files to City GIS standards. (3) Consultant will visually inspect and verify the constructed improvernents and prcpare record drawings. Record drawings of the construction plans will be prcpared and submitted to the City and FAA. An as-built survey will be performed ofthe completed constructed improvements and will be (4) Consultant will update the ALP Plan sheet (sheet I) for completed project record changes. The ALP update will include construction items. The construction record updating of the ALP drawing does not include any new planning Pnrt of Olympia Taxiway E and Taxiway ClF Intersection Additional Design and Construction Engineering May 26, 2010 ScOpe of Services Page 7 of 12 ~ elcments, The ALP update is only to updaie the documents for completed construction items, e, Electrical Bidding, Construction, & Closeout Assistance Elcon Associates will assist Reid Middleton with bidding, construction, and closeout phases of the project with respect to,the electrical aspects of the proj ect. This will include thc prcparation of addendums during the bidding phase, attendance of the pre- construction meeting, site visits for construction observation, and attendance ofthe final walk through at project complction, Elcon will also assist with preparation of the record drawings during the closeout phase of the project (see attached detailed scope), C. CITY OF ASHLAND RESPONSIBILITIES The City of Ashland is responsible for the following project items: I, The City will post project documents for bidding on appropriate web sites and distribute to bidders and plan centers, The City will track and maintain the plan holders list. The City will distribute any addendum to plan holders, plan centers, and post to websites. 2, The City providc the facilities for the pre-bid meeting and facilitate the meeting. 3. The City will facilitate opcning the submitted bid packages. Additionally the City perform the bid evaluation and coordination including but not necessarily limited to: . Compile bid tabulations . Evaluate submitted bids for reasonable costs, responsiveness, irregularities, omissions, ete, . Perform reference checks and federal debarment checks . Prepare recommendation of award letter to FAA 4, The City will prepare contracts for execution with the contractor for construction, 5, The City will provide the facilities for thc pre-construction meeting and facilitate the meeting, Reid Middleton will assist in facilitating the pre- construction meeting, Port of Olympia Taxiway E and Taxiway CIF Intersection Additional Design and Construction Engineering May 26, 2910 Scope of Services Page 8 of12 1ilIDImmII: 6, The City will monitor construction activities and coordinate with the contractor and Consultant daily or as the project needs necessitate, 7, The City will coordinate and facilitate any weckly construction meetings and relay critical information to Reid Middleton, 8, The City will submit the final grant reimbursement requests to the FAA based on initial information added by the Consultant. 9, The City will coordinate with airport tenants regarding construction operations and aircraft usage ofthe airfield, 10. The City will issue NOT AMs relating to changes on the airfield during construction, II. The City will be available to discuss project issues and make decisions relating to issues during construction, 12, The City will be responsible to assist Reid Middleton in assessing on-site airfield conditions during construction and prior to re-opening areas to aircraft traffic, 13, The-city will attend the final project complction walk-through, 14. The City will be responsible for any tree or other obstruction removals necessary for the installation of the P API's, D, ASSUMPTIONS The scope of services and estimated fees are based on the following assumptions: 1, Additional services not included in the scope of services and fee estimate and requested by the City will be included in a subsequent engineering supplement. 2. This scope of work is for bidding assistance and construction engineering. This scope has anticipated this effort to include a 3 week bid period, a 12 week period from bid opening to notice-to-proceed, a 9 week period for Port'of Olympia Taxiway E and Taxiway elF Intersection Additional Design and Construction Engineering May 26,2010 Scope of Services . Page 9 of 12 ..... construction, and an 8 week period for post construction project closeout. These time durations assume the project will be funded by the FAA for construction in 2010, If FAA funding is not available for construction in 2010 and the project award is postponed beyond the 12 week bid opening to NTP period, additional ongoing project management may be necessary until the project is awarded and construction started, If additional project ,management is necessary beyond the project periods listed above, this effort will be included on a future contract supplement. 3, Permits required for construction, such as grading, are not included in the scope of services or fee estimate; they will be made the responsibi lity of the contractor, 4, The City has an existing 1200-z Oregon Department of Environmental Quality (ODEQ) permit for the ail1Jort, This scope includes the preparation of the ODEQ l200-c application for construction, No other City, State, ODEQ, or federal permits are anticipated for this project. 5, Impervious surfaces are not being increased and drainage design will maintain cxisting stormwater runoff to shoulders, Any stormwater system improvements for retention/detention or water quality are not included within this scope of work.. 6, Construction surveying will be provided by the Contractor, 7, Ground Survey of the PAPI obstruction clearance surfaces or Part 77 surfaces after installation ofthe P APIs is not included within this scope of work, Coordination and removal of any identified obstructions is not included within this scope of work and where necessary would be included within a future contract supplement. 8, An FAA flight check of the new PAPI's is not required, E, DELIVERABLES The following deliverables will be provided by Reid Middleton: I, 1200-C Application form and narrative for NPDES permit 2, FAA Grant Application update form for bidding results. Port of Olympia' Taxiway E and Taxiway elF Intersection Additional Design and Construction Engineering May 26, 20tO Scope of Services Page to of 12 ..... 3, Construction administration paperwork including FAA weekly reports; construction submittal reviews; request for information responses; change orders; payroll review documentation; progress estimates; reimbursement requests; and quality assur~nce testing documentation. 4, Construction Management Plan Five copies of the construction management report will be provided, Two will be provided to the City, one to the contractor, one to the FAA, and one will be retained by Reid Middleton, 5, Project/AIP Grant Closeout Repoll a. Two copies of the Closeout Rcport shall be provided to the City, b, One copy of the Closeout Report, signed by the City, shall be provided to the FAA, c. One copy ofthe Closeout Report will be printed and retained by Reid Middleton. 6, As-Built Survey One set of full-size (22x34) record drawings (mylar) and one CD ofthe electronic drawings including both AutoCad v. 2007 files as well as pdf files will be provided to the City. ' 7. Record Drawings a, One set of full-size (22x34) record drawings (mylar) and one CD of the electronic drawings will be provided to the City, b, One set of half-size (llxl7) record drawings (bond) and one CD of the electronic drawings will be provided to thc FAA. F, PROJECT SCHEDULE The construction project schedule is anticipated to be the following: Advertising Date - June 10,2010 Bid Opening Date - July I, 2010 Notice-to-Proceed Date - TBD Port of Olympia Taxiway E and Taxiway elF Intersection Additional Design and Construction Engineering May 26,2010 Scope of Services Page tl ofl2 ;... Project Completion - TBD This project schedule is tentative and is contingent upon FAA funding and City Council approval, ' H:\DOC\23Ap\09\012_Ashland RW 1230 Rehab\Contracts\CA contract Port of Olympia Taxiway E and Taxiway elF Intersection Additional Design and Construction Engineering May 26, 2010 Scope of Services Page 12 of 12 Bidder: Section 00410 Rev/sed Bid Schedules RUNWAY 12/30 REHABILITATION AND PAPI INSTALLATION AT ASHLAND MUNICIPAL AIRPORT ...... r Ied....- AlP NO, 3-41-0002-008 ....'"' IICIlrpOnl u_ , Knife RIver Matetl;J1s an MOO ..---\_~ BASIC BID A: AIRPORT IMPROVEMENTS Tech. Approx. Item No, Prov. Description ~ Unit Unit Price Total Pricc A-I A-105 Mobilization I 1.S 157,1./ i",':< :57.'111:,,'" A-2 A.11O Consmlction Survey I LS 2.a'ooo""- ~~o<lO- A.3 A-lOI FOD Prevention Control I 1.S 15 t'M,iI! is OaJ.l' A.4 A-100 Operational Safety on Airports I LS '2$ 00"'''''' Durinll Construction '2$./'OQO- A.5 A.l03 Contractor Qual ity Control I LS foa 00:;," <..0 =0- A.6 A-102 Portable Runway Closuro Marker 2 EA IS, 0=- 1'3~. A;)OO- A-7 P-156 Gravel Construction Entrance I EA I ?<l"'.... ,...=- A-8 P.156 Inlet Protection 5 EA 150- .So' A.9 P-156 Silt Control Fence 8,000 LF I~ 11"t,oo.o- A.10 P-I56 Check Dam 10 EA l\c~ I 100- A.JI P-152 StrippIng 5,5 AC '>:<:00'" Z'lIS"- A-12 0-701 6 Inch Con1lRated HOPE Pip. 330 LF 1"5- '1."1""'0- A-13 0-705 6 Inch Pelforared HOPE Underdmin 6,830 LF 1000 "'90. 3""" A-14 0-751 Catch Basin, Type G-2 6 EA \'.0;.=""'- '1, <>00- A-15 P-152 Unclassified Excavation 3,330 CY 1<;; !!:!!- 490,=- A-16 P-152 Unsuitable Excavation 100 CY loss. J oOc.o'" A-17 P-698 Stabilization Fabric 13,100 SY I'"" 13, \0"- A-18 0-709 Quarrv Soalls 200 TN llo~ ->;,..._00- A-19 P-152 Imported Borrow 800 CY Ib~o I'Z Soo' A-20 P-152 Subllrade Preparation 13,500 SY ~, \~ =,-z,s"'- A-21 P-152 Subgrade Preparation - Additional 3,500 SY '2.""- Depth "1 0"""- A-22 P-101 Asphalt Surface Milling & Disposal 19400 SY .\~ 19",00' A-23 P-IOI Aspbalt Pavement Sawcutting 3800 LF 0'::" z ~so- A-24 P-101 Asphalr Pavement Removal & 13,030 SY 3~ Disposal "Is "0'5 - A-25 P-154 Subbase Comse 3 190 CY 30"0 'l s, '1= - A-26 P-209 Crushed Allgregat. Top CO\1l'se 1,575 CY '-11- 00 .'1o~ A-27 T-909 Under Pavement Hcrbicide 13,030 SY O~ -Z, t_o'" . A-28 P-603 Bituminous Tack Coal 8 TN IOU e,- A-29 P-401 Bituminous Surface Course 6,500 TN Sooo 5Zo. 0 O<:l . A-30 P-620 Pavement Marking 7,700 SF I~ 12-.~' A-31 T-905 Topsollinll (Obtained On-Site) 1,000 CY 9"'- ...3..000- A-32 T-902 Hydroseeding 5,5 AC I.'lQO' 10,'150 - I . Ashland Municipal Airport Runway 12/30 Rehabilitation and PAPI Illstallation 00410-1 Addendum 1 Tech, Approx, Item No. Provo Description Qty. Unit UIIII Price Total Price A.33 L-108 No 4 A WG, 600 Volt L-824 Cable, 1,200 LF 4'7 Installed in Conduit )- 1,1-'10 ~ A-34 L.11O Electrical Duct Bank, (I) 2" rvc, 70 LF I'?,. g2, 910- concrete encased 1\-35 "L-tIO Electrical Conduit (1) 2" PVC, direct 300 LF '3~ burled C) 100 - A-36 L.1l5 Electrical Handhole [4 ft " 3 ft x 3 Y, 2 EA ) 'l"iC:>"'" ft, H-2S wheel loading] ";9 e:o- A.37 L-115 Existing Electrical Junction Sll'Ucture 4 EA \9$~ Base Can 1 Lowered '1eo- A-38 L.115 Existing Electrical Junction Structure 33 EA \9'5~, [Base Can J Raised iO,'i~S - A-39 L-IIS Electrical Junction Box L-867 6 EA 'Z"IS!'" \, t'o'Su - A-40 L-125 PAPlllght sets with adjustable buffl.. 2 EA for each lighl box, new, installed Ilc/oo.... '?'1,?oo- A-41 L-125 V ASI removed 2 EA -:;.~?OQ 'l~<l- A-42 L-125 Runway Edge Light removed, . 33 EA 1-Cl~ salvaged, installed -z.,'5/Cl- A-43 L-125 L-867/L868 Basecan Spacer, new, 60 EA ,J~ - tnstalled <00 A-44 L-125 L-867/L868 Basecan Extension, new, 30 EA 19J;! Installed ~- A-45 L-12S Electrioal Miscellaneous I LS '2,"1-3<> 'Z,,'":t-3C> TOTAL DASIC DID A !ZK,>i7W'1.' Section 00410 Revised Bid Schedules ' " " Ashland Municipal Airp0l1 Runway 12/30 Rehabilitation and PAPI Inslallatinn 00410-2 Addendum I -.'''''' , ., ~- -,"'" . .:- .-.F: . '-.' . , , , , , , , . , ........... Theodl)re R. Kulongo"ki, Govemor Department of Transportation Local Government Section 355 Capitol St. NE, Room 135 Salem, OR 9730 I July 27, 2010 City of Ashland Scott A, Fleury 20 East Main St Ashland, OR 97520 Subject: ConneetOregon III Rural Airports - Project Approval Agreement Number: 27017 Application Number: 201O-RA-061 Project Name: Construction, Runway Overlay, PAPI Installation We are pleased to announce the Oregon Transportation Commission has approved your Project for ConnectOregon III - Rural Airports funding, The ConneetOregon III award for your project is $92,900 or 5% of the associated FAA Grant, whichever is less, In the next couple of weeks you will receive an agreement in the mail for signature, providing we have a copy of the associated executed FAA Grant Agreement(s), We will be in contact with you regarding your agreement if we do not have a 'copy of the FAA Grant Agreement Upon receipt of the agreement, please sign it and return as soon as possible, Please note that only work performed on the project after the agreement is fully signed and as described in the agreement will be eligible for reimbursement. Additionally, recipients are not eligible to receive reimbursement until they provide a conformed copy of the recorded Acknowledgement of Assistance, We will be hosting a conference call on Wednesday, September 8th at 1 :30 p.m. - PST to discuss the following aspects of the Con nee/Oregon III Program: . Required FAA Granl Documentation . Grant AgreementINotice to Proceed . ODOT Local Agency Liaison . Monthly InvoiceslMonthly Progress ReportslProject Milestones . Request for Change Order Process/Amendment Process . Acknowledgement of Assislance . Project Acceptance The conference call number: 1-877-287-0283; Participant Code: 868544 If you cannot personally attend the conference call, please send a representative, If you have any questions, contact me at 503-986-3327, Sincerely, ~ ()tbcn Carol Olsen ODOT Connec/Oregon Program Manager CITY OF ASHLAND Council Communication Approval of Contract to Construct the Jefferson Avenue Improvement Project Meeting Date: Department: Secondary Dept.: Approval: September 7, 2010 Public Works Finance Martha Bennett t:'p,'i' r-, Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: James Olson 552-2412 olsoni{al,ashland,or. us Karl Johnson Consent Agenda Question: Will the Council acting as the Local Contract Review Board (LCRB), approve the award of a contract to Taylor Site Development Inc, in the amount of$516,519,OO to construct the Jefferson Avenue Improvement (Brammo) Project No, 2005-10? Staff Recommendation: Staff recommends that the LCRB approve the award of a contract to Taylor Site Development Inc, as apparent low bidder in the amount of in the amount of$516,519,OO to construct the Jefferson Avenue Improvement Project No, 2002-10, This project is also known as the Brammo project. Background: On September 2,2010 at 2:00pm, Public Works Staff opened and read five bids received for the Jefferson Avenue Improvement Project. The low bid of$516,519,OO was submitted by Taylor Site Development Inc, All responsive bids were submitted in accordance with the advertised requirements and were complete with bid bonds and sub-contractor report forms, The low bid appears to be reasonable and responsible and there is no legal reason for rejection of the bid, The project is adequately funded and all permits and approvals are now in place to allow an award of contract. Bid Results Following a review by City legal staff of all public works contracts and bidding requirements, the Jefferson Avenue Improvement project was advertised for bids on August 18,2010, A pre-bid conference was held on August 25, 2010 with over 20 persons in attendance representing II contractors, A total of 16 plans and bid documents were distributed to potential bidders, On Sept 2, 2010 at 2:00 pm five bids were received, opened and read aloud in accordance with the bid advertisement. The low bid of$516,519,OO was submitted by Taylor Site Development Inc, and was $118,164 under the engineer's estimate of$634,683.00 Proiect Funding On February 7,2007 special public works funding in the amount of $900,000 was authorized through the Oregon Economic and Community Development Department (OECDD) to construct the extension of Jefferson Avenue providing services and access to the proposed Brammo Motorsport facility, The fund is a $500,000 loan and a $400,000 grant and is detailed under Contract No. B06003. Under this agreement the City is listed as the borrower, but economic development is dependent upon the construction of the Brammo Motorsport facility owned by Craig Bramscher. Ms, Fumi Schaadt, Regional Coordinator for the Oregon Infrastructure Finance Authority and acting as the approving authority for OECDD, approved the plans and bid documents on August 6, 2010 and Page I of3 r~' CITY OF ASHLAND authorized the bidding of the project. If the contract is within the previously stated funding allocation, Ms, Schaadt will not be required to approve the contract. Staff will, however, keep Ms, Schaadt informed of our progress. Proi ect Description The project approved under the OCEDD agreement is for the extension of Jefferson Avenue, Currently Jefferson Avenue exists as two "dead end" sections of street connecting to Washington Street. Connecting the two existing sections requires a 606 foot long extension which would necessitate crossing Knoll Creek. The proposed crossing will be accomplished by constructing a large multi-plate arch structure with an improved native bottom, The proposed improvements will also include concrete curbs and gutters, sidewalks, an asphalt street surface, water and sewer mains, a storm drain system with filtration treatment and electrical and related dry utilities including street lights, An extensive landscaping element is also included as mitigation for wetlands removal (described below), Proiect Schedule A small intermittent creek, locally known as Knoll Creek bisects the Brammo property in a north/south direction, The creek only flows during times of heavy rain or with irrigation overflows, The intermittent flow has created a wetland area which will be impacted by the construction and must be mitigated, The removal of wetland grown and any other work within the stream corridor must be completed in accordance with DSL Permit No, 43449-RF, a copy of which is attached, The permit requires that this work be completed within the "in water" work period (June 15 to Sept 15), Due to ongoing changes in the City public contracting laws, Staff was unable to bid this project until mid August, nearly halfway through our specified work period, Staff made a request to DSL to extend this "in water" work period, but the results of that request will not be known until after Sept 13, To accommodate this uncertainty, we have adopted a dual project completion date, If the "in water" work extension request is approved the proj ect can be completed by May 31, 20 II. If an extension is not granted or the contractor is unable to complete the "in water" work this fall, then the project would not be completed until October 31, 2011, Under the latter scenario, additional time would be required to accommodate a fall landscape planting schedule, Development Historv The history ofthe Brammo Motorsport LLC project is long and includes the following milestones: I, April II. 2006: The request for annexation, comprehensive plan and zoning map change for the 8.43 acre parcel owned by Craig Bram~cher was recommended for approval by the Planning Commission under Planning Action No, 2006-00366, 2, Mav 16. 2006: The request for annexation, comprehensive plan and zoning map changes was approved by the Council. 3, December 12.2006: The Planning Commission approved a modification of the site review for the industrial building under Planning Action No, 2006-02241. 4, Februarv 26,2007: Financial Assistance Award Contract No, B06003, for interim financing was approved by OECDD. 5, Seotember 10. 2007: Contract No, B06003 was amended to revise the development schedule, 6, April 23. 2008: Planning Action No, 2008-00599 approved a request for a partition of the Bramscher property creating the Jefferson Avenue right of way and two lots, 7, December 19, 2008: An application was made to DEQ for a 1200C permit under NPDES requirements, Page 2 of3 r~' CITY OF ASHLAND 8, April 24, 2009: The land partition plat creating the Jefferson Avenue right of way was recorded, 9, October 19,2009: An application was made for a combined DSLlCorp of Engineering permit for work within the riparian way. 10, November 17, 2009: Council approved a contract with KAS & Associates, Inc, to complete engineering and provide newly adopted DSL permit requirements, II. April 28. 2010: The Corp of Engineers approved the fill/removal permit. 12, June 16,2010: The Department of State Lands (DSL) approved the fill/removal permit. 13. August 18,2010: Advertisements for bids were published, 14, Sept 2,2010: Bids opened, Related City Policies: The Council acts as the Local Contract Review Board, under authority granted by ORS 279A, 279B and 279C as well as AMC 2.50 and is required to approve contracts in excess of$100,000, Council Options: . · Council may authorize the award of a contract to the apparent low bidder for the J efferson Ave, Improvement Project. . Council may rej ect all bids and authorize staff to re-bid the proj ect. Potential Motions: . Move to approve an award of contract to the apparent low bidder for the J efferson Ave, Improvement Project. . Move to reject all bids and authorize staff to re-bid the project. Attachments: . Bid summary . Low bid proposal . 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CiS ... ~ 8 '" '" .; U ...~ o .8 .. 821 " ~ ZlXl .", .", as ~r ... e';- Q = ~ - .", s = = ~ ; "0 Q,l = 8~:g'!J <lXl<< := .;. 5' " c ~ '" =f ~ , ~ '" City of Ashland, Oregon PROPOSAL AND BID SCHEDULE TO FURNISH ALL PERMITS, LABOR, TOOLS, MACmNERY, MATERIALS, TRANSPORTATION, EQUIPMENT AND SERVICES OF ALL KINDS REQUIRED FOR THE CONSTRUCTION OF TIllS PROJECT FOR THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, AS STATED IN THE COMPLETED BID SCHEDULE, ALL IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, PLANS, SPECIFICATIONS, AND DRAWINGS WmCH ARE ON FILE AT THE CITY OF ASHLAND, CITY HALL, 20 EAST MAIN STREET, ASHLAND, OREGON 97520. NAME OF BIDDER -rAY lor 5; -te nev~ I OJ)171C''''~ CONTACT 1VJ,q~ ---ray/or ADDRESS /501 5092 J<a 57e B CITY/IJ1ed.liPJlP STATE~ZIP tf1i70r v , TELEPHONE NO. F <{-;:- 7 7 9 - 7.? It,. f?~ FAX NO. .r;ql- /'332 - 7tJ5} EMAILADDRESST9d.IJ1-PdfofJP(7.d ell L'1 To the Honorable Mayor and City Council City Hall City of Ashland 20 East MaiD Street Ashland, Oregon 97520 In response to competitive bidding, this FIRM OFFER is submitted as an offer by the undersigDed to enter into a contract with the City of Ashland for furnishing all pennits, lahor, tools, machiDery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, the construction of the Jefferson A venue Improvements (hereinafter "Project") for the City of Ashland, Oregon, as shown in the contract documents on rile at City Community Development Building, which are a condition of this Offer as though they were attached. This offer is subject to the following declarations as to the acts, intentions and understandings of the undersigned and the agreement of the City 01 Ashland to the terms and prices herein submitted. 1. The undersigned has ramiJiarized themselves witb the nature and extent or the Contract Documents, project work, site. locality, general nature of work to he perfonned hy City or others at the site that relates to the project work required by the Contract Documents, local conditions, and federal, state, and local Laws aDd Regulations that iD any manner may affect cost, progress, performance, or furnishing of the project work. 2. The undersigned has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) examiDations, investigatioD, exploration, tests, aDd studies which pertain to the conditions (subsurface or physical) al or contiguous to the sile or otherwise and which may affeclthe cost, progress, performance, or furnishiDg of the projecl work as Contractor deems necessary for the performance and furnishing of the project work althe CODtract Price, within the Contract Times, and in accordance with the other terms aDd conditions or the Contract Documents; and no additional or supplementary examinations, investigations, explorations, tests, reports, or similar information or data are or will be required by Contractor for such purposes. ::.-1'1 ,1' ,1~11!.'nc1 lr,qll.H In. ':01" ~ 3. 'It is understood that the City shall investigate and detennine the qualifications of the apparent low responsive bidder prior to awarding the contract. The City shall reject any bid by a nonqualified or disqualified hidder. The City oC Ashland reserves Ihe right to reject Cor any good cause any or all bids, waive formalities, or to accept any bid which appears to serve the best interests of the City. The City reserves the right to reject any bid not in compliance with all prescribed public bidding procedures and requirements. and may reject all hids Cor good cause upon a finding that it is in the public interest to do so. Evaluation oC hids will be based on minimum requirements established by the specifications and compliance with conditions of the Notice to Contractors and Invitation to Bid, and compliance with City public contracting rules. Additional evaluation criteria are as follows: NODe. 4. The deadline to file a written protest or reques~ pursuant to Instruction to Bidders to change contract terms, conditions or specifications is not less than ten (0) calendar days prior to hid opening. Bid closing may be extended hy the City to consider a protest or request. 5. All oC the contract documents, inclnding all plans, specifications, and drawings have been examined and aD examination of the site of the proposed work, together with such investigations as are necessary to detennine the conditions to be encountered have been made by the undersigned and the terms and conditions oC the contract and solicitation documents are herehy accepted, and that if this Offer is accepted, the undersigned will contrad with the City of Ashland, Oregon, in a fonn substantially similar to that attached Agreement and agree to be bound to the terms and conditions oC said contract and solicitation documents. 6. It is understood that the contract drawings may be supplemented hy additional drawings and specifications in explanation and elaboration thereof and, if they are not in conflict with those referred to in paragraph 1 above, they shall have the same Coree and effect as though they were attached and they shall be accepted as part oC the contract when issued. 7. The undersigned agrees that upon written acceptance oC this bid slhe will, within ten working days, oC receipt oC such notice, execute a Cormal contract agreement with the City. The undersigned further agrees that slhe will provide the Collowing in order to execute the contract: Performance Bond and Corporate Surety Payment Bond, both in the amount equal to 100% oC the awarded contract; Certificates oC Insurance Cor Liability and property damage coverage; Certificates of Coverage for Workman Compensation and unemployment insurance; All other bonds, pennits, licenses, etc. as required in the contract documents.\ 8, It is understood that all the work will he performed under a lump sum or unit price basis and that Cor the lump sum or unit price all services, materials, labor, equipment, and all work necessary to complete the project In accordance with the plans and specifications shall be Curnished ror the said lump sum or unit price named. It is understood Ihat the quantities slaled in connection with the price schedule for the contracl are approximate only and payment shall be made at the unit prices named Cor the actual quantities incorporated in the completed work. If there shaD be an increase in the amount of work covered by the lump sum price, it shall be computed on a basis of "extra work" for which 3n increase in payment will have been earned and if there be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is understood that any estimate with respect to time, materials, equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned's own independent calculations and that at no time shall Ihe undersigned attempt to hold the Owner, the Engineer, or any other person, firm or corporalion responsible for any errors or omissions that may appear in any estimate. 9, The undersigned submits the unit prices as those at which he will perform the work involved, The extensions oC the column headed "ITEM TOTAL" are made Cor the sole purpose oC facilitating bid comparisons and if there are any discrepancies between the unit prices and the total amount shown, the unit prices shall govern, ;''.1 .":1 ,1.~!:I,'nd L:rl"';/ ;'1, .~"JlO 10. The undersigned agrees to furnish labor, tools, machinery, materials, trnnsportations, equipment and services of all kinds required for, necessary for, or reasonably incidental to, construction of this Project with all appurtenant work as required by the plans and specifications of this Otter for the unit or lump sum prices in the "BID SCHEDULE", II. In stating prices, it is understood that the prices include all materials and work required to complete the contract in accordance with tbe plans and specifications. If any material, item or service required by the plans and specifications has not been mentioned specifically in the "BID SCHEDULE", the same shall be lurnished and placed with the understanding that the lull cost to the City has been merged with the several prices stated in the "BID SCHEDULE." 12. The City reserves the right to reject any and all bids, waive lonnalities, or accept any bid which ' appears to serve the best interests of the City in accordance with ORS 279B.100. The City reserves the right to 'reject any and all bids, waive fonnalities, or accept any bid which appears to serve the best interests of the City in accordance with ORS 279B,100. 13. The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance, and all other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of discrepancy, th~ amounts shown in words will govern. 14. Upon receipt of written notice of the acceptance of this hid, Bidder shall execute the fonnal contract attached within ten days, deliver surety bond or bonds as required, and deliver required proof of insurance. The bid security attached in the sum of five percent of the total price for Ihe bid or combinaiion of bids is to become the property of the Owner in the event the contract and bond are not executed within the 'time above set forth as liquidated damages for the delay and additional expense to'the Owner caused thereby. 15, If the proposed bid price will exceed $50,000.00 the undersigned, as bidder, acknowledges that provisions of ORS 279C.s00 - 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is suhject to the Davis.Bacon Act (40 U,S.c. U76a) bidder agrees to comply with the Davis.Bacon Act requirements. "Prevailing Wage Rates for Public Works Contracts in Oregon," which are incorporated herein by reference, and can be accessed at: http://www,oregon.govIBOLIIWHDIPWRlpwr_book.shtrnf 16. The undersigned shall furnish bonds required by the specifications and comply with the laws of the Federal Government, State of Oregon and Ihe City of Ashland which are pertinent to construction contracts of this nature even though such laws may not have been quoted or referred to in the specifications. 17,/ t) Accompanying tbis Offer is a certified check, casbier's check or a bid bond. for the sum of o 10 ,payahle to the City of Ashland, Oregon, this being an amount for ten percent (10%) of the total bid based upon the estimate of quantities at the above price according to the conditions of the advertisement. If this Offer is accepted by the City and the undersigned fails to execute a satisfactory contract and honds as stated in the Advertisement within ten (10) working days from the date of notification, then the City may, at its option, determine that the undersigned has abandoned the contract and there upon this OtTer shall be considered null and void, and the bid security accompanying this Offer shall be forfeited to and become the property of the City of Ashland. If the bid is not accepted, the bid security accompanying this OtTer shall be returned 10 the undersigned. IS. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870, the Oregon Prevailing Wage law. The undersigned, as bidder, acknowledges that.provisions ofORS 279C.SOO _ 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded wilh federal funds and is subject to the Davis- Bacon Act (40 U,S.C. ~i76a), bidder agrees to comply with the Davis.Bacon Act requirements, The undersigned Contractor agrees to be hound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U,S.c. 314110 3148. [OAR 137.049-0200(lHa)(J)]. ,;'11.-1.,,1'.),-,1 1",,11';1.';1,,',;-;,) n 19. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract for a public work pursuant to ORS 279C.860. Bidder further agrees, if awarded a contract, that every subcontractor will be eligible to receive a contract for a puhlic work pursuant to ORS 279C.860. 20. The u~dersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. The bidder understands and acknowledges that it may be disqualified from bidding on this puhlic improvement project as set forth in OAR 137-049-0370, including but not limited to City discovery a misrepresentation or sham regarding a subcontract or that the Bidder has violaled any requirement of ORS 279A.1I0 or the administrative rules implementing the Statute. 21. The undersigned agrees that the time of completion shall be defined in the specifications, and further, the undersigned agrees to initiate and complete this Project by the date stated below. . The work shall be commenced within Notice to Proceed. 15 working days aner receipt of the written . . ,P;; ~cJll The work shall be completed in all respects by May 31.,~ See special provisions pertaining to in water work for alternate completion date. p-clf~v-.l-r) ",,--.;I- , . The undersigned agrees thai the "Time of Completion" shall be as defined In the specifications and that the bidder will complete tbe work within the number of consecutive calendar days stated for each schedule after "Notice to Proceed" has been issued by the Owner. Bidder furthermore agrees to pay as liquidated damages, for each calendar day thereaner, the amounts shown In Standard Conditions, for each day the project remains incomplete. 22. The undersigned bidder is registered with the Oregon Construction Contractors Board (CCB), the registration is current and valid, and the bidder's registration number is stated below. [OAR 137.049- 0230(1)] Bidder understands that failure to have a current CCB license shall result in rejection of this bid. 23. The undersigned bidder is licensed by the State Landscape Contractors Board, if applicable, the license is current and valid, and the bidder's registration number is stated helow. [OAR 137-049- 020f!(1)(a)(K)) Bidder understands thai failure to have a current LCB license shall result in rejection ofthis bid. 24. In determining the lowest responsihle bidder, City shall, for the purpose of awarding the contract, add a percent increase on the bid of a non-resident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. "Resident bidder" of Oregon means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preeeding submission of the bid, has a business address in this state and has stated in the bid that the bidder is a "resident bidder" of the State of Oregon. The undersigned represents himlher self in tbis bid to be either a Resident or a Nonresident bidder hy completing the appropriate blank below, The Bidder is /' . or is not a resident Bidder as defined in ORS 279A.120. 25, The undersigned herehy represents that no Councilor, Commissioner, officer, agency or employee of the City of Ashland is personally interested directly or indirectly in this Contract or the compensation to be paid hereunder and that no representation, statement or statements, oral or in writing, of the City, its Councilors, Commissioners, officers, agents or employees had induced him/her to enter into this Contract, and the papers made a part of its terms; 26. The undersigned has nol directly or indireetly induced or solicited any person to submit a false or sham bid or refrain from bidding. The undersigned certifies that this bid has been arrived at _'-~v ,11 1~.;Tlfl.1 '/lI.;rt,l..'rj!,) independently and submitted without connection with any person, firm or corporation making a bid for the same material and is, in all respects, rair and without collusion or fraud 27. The undersigned confinns that this firm has a Qualified Drug Testing Program for employees in place and will demonstrate this prior to award of contract. [OAR 137.049-0200(l)(c)(B)) 28. The undersigned conFU1I1S that if this contract involves asbestos abatement or remova~ the bidder is licensed under ORS 468A.710 for asbestos removal. Asbestos abatement is not implicated in this contract. 29. The City of Ashland may waive minor infonnalities, reject any hid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding that it is in the public interest to do so. 30. The undersigned confirms that this offer is not contingent upon City's aeceptance of any tenns and conditiom other than those contained in the Solicitation and Contract documents. 31. The bidder understands that the City reserves the right to make changes to the Notice to Contractors I Invitation to Bid and the resulting contract by written addenda, prior to the closing time and date. The City will not mail notice of addenda but shall publish notice of any addenda on City's website and post the notice of addenda at Community Development. www.ashland,or.us The addenda may be downloaded or picked up at Community Development, 51 Winburn Way, Ashland, Oregon, The hidder must check the website and Community Development bulletin board frequently until closing. The bidder acknowledges that tbe Addendum(s> listed below have been reviewed online or a copy obtained and considered as part of the submittal of this Offer and Bid Schedule. ADDENDUM NUMBER.:L. THROUGH 2. HAVE BEEN REVIEWED 32. The hidder understands that the City will be awarding the contract to the Responsihle Bidder with the lowest Responsive Bid. OAR 137-049-0200(l)(b)(C). Whether a bidder is responsible wiD be detennined by ORS 279C.375 and the City's completion of the attached Bidder Responsibility Determination Form. 33. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors (those subcontractors contracting directly with the bidder> when the contract price exceeds $75,000 (see ORS 279C,370). Specifically, when the contract amount of a Fll"St.tier subcontractor is greater than or equal to: (j) 5% ofthe project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, you must disclose the Collowing inConnation about that subcontract within two working bours of bid closing: . The subcontractor's name and address: . The subcontractor's Construction Contractor Board registration number, ifone is required, and; . Tbe subcontract dollar value. If you will not be using any subcontractors that are subject to the above disclosure requirements, you are required to indicate "NONE" on the form. Failure to submit this form by the disclosure deadline will result in a non-responsive bid. A non-responsive bid will not be considered for award. THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION WITlliN TWO HOURS OF BID CLOSING. THIS DOCUMENT SHALL NOT BE FAXED. IT IS THE RESPONSIBILITY OF BIDDERS TO SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY THE DEADLINE. SEE INSTRUCTIONS TO BIDDERS. The disclosure should be suhmitted on the First-Tier Subcontractor Disclosure Form attached to this Invitation to Bid, ";',''"1 \.:;;;.(:,1 ;"(]Ci.~' ".1, ._':::.J 11 34., Bidder Infonnation and Signature ~;/oe S;t;e D~\le/Dp/l/&1rDY' Firm Name of Bidder Orc:.qof) State of Incorporation Dated this Name of Bidder Address Telephone No, 2AJd day of 6ep-t:;. 2010, ~~:U Signat e of Bidder /v'iAkf..1C- ~O.e Printed Name of Bid er Prt:.5ldM -t Official Tille /330<1b CCB Number -;:;i'f lor <,i-f:.~ De v-e I (.J{)t71(;()/ riM, /501 Daqe Rd 0'1/-'77q-35~5 -:i;Y.-,t ~:il1limd .1'IiJlI.~1 "j, ;]1]10 BID SCHEDULE JEFFERSON A VENUE STREET IMPROVEMENTS Proiect No. 2005: 10 .. NO DESCRWfION Mobilization and Traffic Control Mobilization , for~;;;;i.,} ~ .pV", LA.. Temnorarv Work Zone & Traffic Control, Comnlete T\.l~.;-", TH'" ,,'!'- . ^ Erosion Control for '1'1;).J THnu"A..oJ Q 2 3 Roadwork Clearing & Grubbing for e-I.(:, H T THl>J;....:.!'\J .""l Dollars Earthwork for Fl-FlG E N II-\OU~"rJt> Dollars 4 5 Stonn & SanitarY Sewer Connection to Existing Sanitary Sewer Manholes for S:tY. T!-\OtJ5.4A}:-" 6 Dollars Construct Standard Sanitary Sewer Manholes, for FOI..J;t T"Cuc;,q..<,J b. 7 Dollars Install 8" PVC Sewer Pine. inc, backfill & testing for (;X"~T "';.U)\J~'I~ FO,'ZT't 8 Dollars Install 6" PVC Sewer Lateral, inc, backfill & testing for S:t~ T1\"""'A,"" TwO >1\J,~MCo Fll'n 9 Dollars Install 48" Storm Drain Manholes for "-i:f'IE!'N 1-\0,'-\t>r<.;:() 10 ~ Install 60" Storm Drain Control Manholes for 11-\:10:1'1 fo"p- ,",vt.J\)<,El'> 11 Dollars Install 48" Storm Drain Detention Pine Inc, 24" Transitions for 1lIREG 1l-Iu".-"",,,t> 12 Dollars Concrete Inlets. Tvee SW for liNe.iEGN i1-\OI.!S,M>1l 13 Dollars Install IS" HDPE Storm Drain Pipe for \Ol-fT~"N '...\.IN\)''ro s"-n'l 14 Dollars Install Tvpe B-SL Inlets 15 for E''thl-rt .....""'Del'"<> UNIT PRICE (FIGURES) OTY, I UNIT I 2 2 134 125 14 39 2 AMOUNT I LS i 77 !IN'? i iZ7t1t1Cl , LS _i ~,o~_~__,__~!_ '!.,oo:=-_l--- LS i 10,000 I I i lO, co'> I i '5'J COif i i ~ocC- LS i '0.,000- i : i IS 000' I ' LS EA I i >,000" I i 10,000" ,_~____L._____ i 2,000'- Ii 'i,ooo' I , EA i !ca' i ! i 'S,OYo' I I I j! to,2.SO' i i i I,s'oo' , I I i i !,'-jCO- ! ' i i LF i so- LF i 1,"00" EA i ;',400- EA i ~,ooo- i ~,ooo- i I -..-....1--.....-.---...----..- i i 1'1,000- ! LS i \,000- EA ..---..------...-..--'"'-.r-------. i i < I ~'l:'<O i.::e:J !Q i 'io- LF , ---.----1'-------------- ~ "-ioo- ! i l5c(J EA NO DESCRIPTION Dollars ]6 12" HOPE Storm Drain Pine for TI.; C 1l-\OU ~A ,~~ F U1Y Dollars 12'X4' Structural Plate Arch Pine (ODOT ~-C<J~ "4VE for 'Z,u. t\1ov!'.."",::"'"""" i-I0/Jo.'<E'O Dollars T'-'Emy 12" HOPE Culvert for Fol2:i'f-F.v. HUlil\."E'D F-lFT1-FCu!? Dollars 12" Minus River Run Rock Scour Protection for T'-''' Nl~ -1IIfl.Q- flu" D~€ll 11; N Dollars 8" HOPE Culyert @ Driveway Crossines for nrm.I€GN r\0,liM.EO s''i:xn- FI.v.~ Dollars Class 100 RIP RAP Outfall w/ Base Rock for Fl:\I€ \\I.lNDKf'() Dollars Install Keystone Wine walls for S8IGNn- E"'''HI IIv.vDLfP '!EN Dollars 17 18 12 20 21 22 Bases Pit Run or 4" Shale Embankment Allowance for 1E;..,ijT"~N i-\V/J~f(€O 23 Dollars 4 Inch - 0 Aeereeate Base _ for /Jr;vFT~" 111,,,,,,,,,,, t> U:;Ju. tt-J.vMro J'.:Jf1't 24 Dollars ' I Inch 0 Aeereeate Base for I"-:tFTF/;.., OI-\ou~:' 1hIZi'!;l\O.vD"O,s:l:>rr'( 25 Dollars ODOT Stabilization Fabric for Fof-TT-ll.VO HvN~~G{) 26 Dollars Wearine Surfaces 5 Inch HMAC Mixture for f'IFr1' ThouS!W::' 1JJ:j.;" HUAJOJ<O'D f:r1"(.flI 27 Dollars Curb and Gutter Concrete Curbs for ~ t.fT~1=/J 11l0U~".'1\ 28 Dollars 4" Concrete Sidewalks for H::r<.T'11\\()J:>~D ~€'I€'N flu"o"ro fb'-T'f 29 Dollars ' 6" Reinforced Concrete Sidewalk 30 for1\,;Hr.'t-Frv~ HVNO<:ro St)(T'! OTY, 1.425 CY 640 CY 3 000 SY 645 TON UNIT 82 112 207 66 91 710 100 CY LF UNIT PRICE ! AMOUNT (FIGURE~) ~_______ I _________'1_______ I ~ 2..5- !~Z,o.so- I -'--4~~=----I---~'__;;;;= ~ -3-50'" i ~~~ 29') - I , LF ~ 22- I ~~5Sr i i I ~2, 'SIO' I I , LF ~ 3i,;- CY ~I~" $ I,~("S- LF ~ 500'" 1$ SOo-- I LS $W $ 7, 'i00' SF $ I~- I ! $ i,'i'oo- I I 1$ 1'-1,Qst- i i $1 S,3f.o- ! I i $'-I,Lco- i ~I'-i- ~ 2.4- ~, -e ~ 7q- ! ' 1$ SQ1S5- ! ~12..- 1$15,000' 1.250 LF --~..--------i I $ '-I'l,52 I $'P,I'IO- 9700 SFf ! 320 SFf $ 8- I !gsw- -- NO DESCRWfION Dollars 6" Reinforced Concrete Driveways for TW€VliTV-FDUIl 1-\0NOI<.(;0 ,oJIlJ;.Tf.~~ 31 Dollars 4' Wide Concrete Utility Pads for '1WO\VT~ - Four- 1\0NM,!='() 32 Dollars Street Li~htin~ and Electrical Stember~ Slreet Liehl. Pole and I-Box for e::I:{'H!EEIJ1HOu&l\l,)~ F:tvIC \\\JrJO!Z8l' Dollars Sinele Phase Transformer Pad Assv, (644-Trans) for i\..vENT"'-<;,~~':;.v iNI\lt>gEO Dollars 3-Phase Primary Cabinet Assy, (575-Sectl for Tt=N Tl111<J>A"'~ T\.VO i-\0"'~FI'\ Dollars 2" PVC Street Li~ht Conduit Incl. Trenchin~ for St:tx T "C\u.';..tAH\ Dollars, Primarv Conduit Trench wi 3-3" PVC.2- 2" PVC and 14" PVC conduits wi Dull rones for ~QUR.ll=-t;1V 1l\Cli(',A.!\J~ F-C0f. "-h.JNbR,E\) Dollars 33 34 35 36 37 Water Line 8" Ductile Iron Water Pine, Fittin~s. CouDlin~s and Backfill for -r1.J~o\fr'r- Fl:IIE 'il1cu~",:\ E""-<-f,H' \\..mn<iO 38 Dollars 111"''''( Standard Fire Hydrant Assembly. wI Gate Valve for s,E\I~.vil' - FeU! I-h) IV M ~ 39, Dollars ' 8" eate valves for rnJ<T~-<;EVG'''' Hv NDfE'D F:tFT1' 40 Dollars Connect to Existine 8" Water Line for TL..xoAln-Foup.. '-\"",D.ero 41 Dollars 2 Inch Water Service Connection for lWfIvT'f- f{NP- H0NOgrn 42 Dollars I" Air Relief Assembly for' r-.I~I-IT \-\\J",f)fZE"'O 43 Dollars Landscaoine Install Acer 'October Glorv' Trees 44 for TI-\!2.i'E TllOJ!;AI\l[\ OTY, I UNIT I. 200 1.200 615 416 SfT 3 EA 5 3 2 5 2 UNIT PRICE __, (FIg LJ!UOS) i ,,- i ,:>00. 3700- i ,(,(.'2....-' EA i 2.,700- EA i ~,...,oo- EA 5'- i -tt"'" LF i it.- LF i "12.- LF i 1700. EA i qQ,- EA i ~'loo- EA ! AMOUNT I -r-.'. -., _.-.+-~-_._~- I I , !. 2. '-1%- ! ~ .., ! ! i 2,'100. J i , I i~,SCo- i6;~--= ~~~O- ~ 10,2.co. I ! i ';',oce-- I I I I I il'f,'-/OO I I $~S, 8'30- i Ii 1.400. I , ! $'-/,150. --l~~-~ I i i 2, '10'- I I [' $ loeeT i $ 2, '100- EA , II ~--~:~----.-T~--~:~-- EA ! 4 10 i ~oo- EA ; $ ~. ()()O . ; NO DESCRIPTION OTY, !UNIT UNIT PRICE AMOUNT , - (FIG~R,ES)._ _n __._, Dollars Install Betula 'BNMF'Trees for 1)j/!'el: 'TH<.)\lS,l\r\I!\ i~OO- i ?.=- 45 Dollars 10 EA Install Fraxinus 'Cimmzam' Trees i for I fInu'l - FouR, illlNDem TWENl'f i 1'10' : i3'/w- 46 Dollars 18 EA i ' Install Baccaris oillularis Shrubs li::'77' for l\\~E'E H\J/Uo!.E1'l 'SEllEN'" -S,eVl:;:N i 1'',,- I 47 Dollars 29 EA , Install Ceanothus 'Dark Star' Shrubs i , for 5.':"IE'fJ I\\J"ME'O ~1FTI -!>:t.~ i 2.~- Ii 7~- 48 Dollars 27 EA I "" ._-'-"-"-'-.-'--'-'--~-'-'-'- -i----' .......--.. Install Cornus sericea Shrubs for ~,;,I:,)<. 1-I\J"'0'-8::I /oJ >:Nt:: i 2..9- Ii wor- 49 Dollars 21 EA I Install Mabonia reoens Shrubs -r-'--~---- for Elevh \\\JNDi?E't> E'.J:.bHT'r. f'rbHT i 12. - i i 1,1%'b' 50 ""lioN 22 EA I , -----+---'.----- Install Rosa ru.osa Shrubs for t:'1~~.~ \\u";heJ:b Th:xs;n'( -010)1< i 2.<1- I i I 1>"- 51 Dollars ~ EA i ' Install Salix OUfDurea Nana' Shrubs I for FOU=E"" HllIVO..Et\ SeVfNTY.Nt-NiO i 2.."1- i i i,'-I7'1- 52 Dollars 51 EA Install Salix sitchensis Shrubs I ; for () rv F I-IUI':IDtU'-f) T'-'>f N,'1 i '"JO' Ii 12..0- 53 Dollars 3 EA ! Install Soiraea dou.lasii Shrubs i for 5~\Jr-NTt=J::V ~).-..JD.t~ -r\\tRT'"(-S~)( i 2~- i i 1,7?Jb- 54 Dollars 62 EA Install Bioswale Plant Mix - PI 404 Seed Mix i for F-r:'1e ~\J"'~R.rn i L"'>C-' Ii 9;0' 55 Dollars 2 LBS I I Install Bioswale Gravi:\ Plant Mix - SHRUBS i for Th1R:r'1-T.....c ><u'JM.ffi f4:r1'1 i 1';)- iH'2.9>' 56 Dollars 250 EA , Install Eschschoizia califomica - Fescue Mix i , for O/JF HuI\JD.c.ffi F .I:FN i SO'- Ii 15b" 57 Dollars 3 LBS ! Install Acer Macroohvllum Trees ; I for SI.~ \-\utJDe.~ ~"T'I i ICeS- Ii t:,{,a - 58 Dollars 4 EA ! .~_.~-_.- .-.-.-- r------- Install Pseudotsu.a Menziesii Trees for ThREE 1-101':1"2= TI\="T'l' i iCeS- Ii ~- 59 Dollars 2 EA I ._-------~~-- Install Pooulus B,S, trichocaroa Trees ; I for Th~~r- J.H).lJ [)/zPD Tl-\D.<T'1 i i ibS- i ~ S:':f:,)- 60 Dollars 2 EA ! _.~-,----- i UNIT PRICE i AMOUNT NO DESCRIPTION OTY, iUNIT (FIGURES) ! ------------ Install Fraxinus latifolia Trees 11 for Feu:!. ~u,.; D<?F't> tvDJ8~- Fr"';; 1 I "S-o' <jq~- 61 Dollars 3 EA , Install Alnus rhombifolia Trees ---.------J------- for EIGHT Hv",O,('ffi 1WG;NlY- ,c.J:W~ 1 II"C;;-- - I$. ~2;;-- , 62 Dollars 5 EA i Install Rosa nutkana Shrubs .." i for ~I:Vl< l\0/o.}D'!.ffi SEVGN,y 1 2~"'- i 1 $70- 63 Dollars 20 EA Install Mahonia aquifolium Shrubs ! for F-~V.. l,h.JNO,~~\l i'L.J':::NT'I-T",o 1 2.4- i 152.2..- 64 Dollars 18 EA I Install Philiadelohus lewisii Shrubs' 11 for "\liREI' HUI\JDl::E'tl 111=1'1'- ~t:)I 1 2.,,- 5'3b- 65 Dollars 12 EA i Install Ribes sanouineum Shrubs I 1 522.- for F-:r V~ l\tJ"'OR.~ TL-..>Aul'l'-Twu 1 2.'1- 66 Dollars 18 EA ! Install Salix sitchensis Shrubs , 11 for FT.Vi'. \-\dNOtZ~ ~z '/t.,'1 1 2..'(- ,S?,O" 67 Dollars 20 EA I Install Svmohoricarnos a1bus Shrubs --_.._..~'-,--,-,-,---- I for F:IViZ ~\M...l~ZF\) G"~bHT'i 1 2,'1" I 1 '>--yo- 68 Dollars 20 EA i - - -----.--1-------------- Install Juncus effusus , for S:r:ln'r 1 2,.0- 11 boo' 22 Dollars 3 EA i Install Eleocharis oalustris i , for Fo<?'T't 1 2-D-- 11,-/0" 70 Dollars 2 EA ! Install Scimus acutus I for Fun't 1 l..O- i i '{e" 7l Dollars 2 EA I Install Carex obnuota , - I for FonY 1 2-0- i 1 ,/0" 12 Dollars 2 EA ! Install 6" Sandy Loam Soil (bioswale) I for ~:t.l'< TRov5.AND 130- I H 000- 73 Dollars 200 CY i Install 3" Wood Chio Mulch (adiacent to stream i i crossinf!) I for s:r" 7l\t)lI....A,.JD 140-' 11 (, ceo- i 74 Dollars 150 CY i .-__._____-t________________ Install 4"-6" Cobbles (around 14 concrete inlets) , for 1\-\ i<.t;t; IhJlJ D" E'D 1~" 11 300- 75 Dollars I CY i , Install 6" of 1 112" Clean Round Drainrock - ---------........;-.._--- i (bioswale wi ora vel) , 1 )0-' ! 1 1~'iO- for t==IbHTI:EI'-' H0,v\Yi;G) ,v'.4NET'1 , I 76 Dollars . 63 CY " NO DESCRIPTION OTY, UNIT UNIT PRICE AMOUNT !FIGURES) Install 4" Pea Gravel (ribbon in bioswale wi l!Tavel) ~ 50- ~79Y for rUTt SEI/fi-IV t\ulJ':l~m FIFl1 77 Dollars 15 CY Install 4" Cobble (around rea l!Tavel in bioswale w/l!Tavel) i Sb- i ,oar for T"-oo Tl\cu~4/..l.n 78 Dollars 40 CY Install Boulders (bioswale wi 2ravel) for H>U R-n\Cl v,SAN CI i liO- i Yocxr 79 Dollars tOO EA Install Standard Spray Zone Irri2alion Svstems i 3':'''> 72 for S:i.XTY"~"';-" HvNORro TEN ~ (,,710- 80 Dollars 8 EA Install Standard Orin Zone Irri2ation Svstems for IHIRT< -m~ 1--I<1",D:1.I;:0 i 'as- E,,3CO- JU. I12l1m 4 EA Install Controllers lRainbird ESP-UO i2.lt>2.'-.L forF levEN l1\DV""AN~ FnK"N-NTN,; i 1I,o'iq-, 82 Dollars 4 EA Install Backflow Device <Wilkins #705S I") for l' w0-.>T"I' "i~c th.l...!l-"~(\ \--'.xr;;GN i 591- i 2,2./(,- 83 Dollars 4 EA Install Shutoff Valve for f'<"JIL \o\VN 0 Ii. \;'C> i 100- i t{OO- 84 Dollars 4 EA Install Ouick Counler ~- ~ for ON~TllOJSA.^'O ffiu'l - f I:6H{" i LbL- i , 85 Dollars 4 EA BASE BID TOTAL I i 1TJ fJ , in q !JJ, EXHIBIT E BONDS CITY OF ASHLAND STANDARD PUBLIC IMPROVEMENT CONTRACT, BID BOND V(~ Taylor Site Development, the laws of the State of Oregon -PRJNCIP AL." and. Inc, . a corporation or pannership duly organiud under . and authoriud 10 transacl business in the Slate of Oregon. as We, North American Specialty Insurance Company I a corporntion or partnership duly organized under the laws of the Slate of New Hampshire , aod authorized 10 transacl business in the Slale of Oregon, as ~"SVRETy.n hereby joindy nnd sevellllly bind ourselves. our respective heirs. executors. administralOrs. successors eod assigns fltlDly by these presenlS 10 pay unlo the Clly of Ashland, Oregon. (OBLIGEE) the sum of ($ 10% ) Ten percent of the total amount bid Dollars. The condilion of the obligalion of this bond. Is thnl the PRINCIPAL herein has in response 10 City's NOli<< 10 ConlroC/ors and Invitation to Bid. submitted ilS Offer for the Jeffenon Avenlle/morovement ProleCI , which Offer Is incorporated herein aod made e par1 hereof by this reference. a~ Prlneipal is required 10 furnish bid securily in an amount equal 10 len (I~) percent of the lolal amount of the bid pursuenllo ORS 279C,36S and the City's public contracling rules nod contract documenlS, NOW THEREfORE. if the Offer. submilted by PRINCIPAL. is eCC8pled, and if the Conlracl pursuanllD the Offer Is awarded 10 the PRINCIPAL. and if the PRINCIPAL execules such conlracl and furnishes such good and sufflCienl Performence and l'IIyment Bonds as required by the Bidding and Conlract doc:umenlS within the time specified and fixed by the Documents. Ihen this obligation shall be void; otherwise II shell remain in full force aod effect, If the PRINCIPAL shell fall 10 e.ecute the propased Conlract and ID furnish Ihe Performance and Payment Boods, the SURETY hereby agrees 10 pay the OBLIGEE the surely bond sum as liquidated damages within len (/0) days of such failure. IN WITNESS WHEREOF. we have caused this instrument to be e.ecllled and sealed by our duly aulhorized legal represcnlllives this 24th day of Auqust t 200.2010 North American specialty Insurance Company t, Inc. ~t Principal . Ste. 420, Boise, 1083706 1501 Sage Rd., Ste. a, Medford, OR 97501 , Address ~ / I By: " BY:'1V M_'~ . . ae Bonnie Riddle IA <enifiod copy Oflhe Agenl's Power of Allomey must be atlllC hereIn,) IMPORTANT - Surety comoanies executing: BONDS must aonear on the Trensurv Denartment's mostCtKTent list {Circular 570 05 nmendedlllnd be authorized to rransnct business in me Stnte of OreRon. ':.Ivnl.'''''JIlfd I.;~'II-U '0. .:",0 47 .. ' , ' ~ , '. . ., ~ ." '., . . . NAS SURETY GROUP NORTH AMERICAN SPECIAL TV INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws oflhe Slate of New Hampshire, and having its principal office in the City of Manchesler, New Hampshire, and Washington International lnsurance Company, a corporation organized and exisung under the laws of the State of New Hampshire and having its princiPiil office in the City of SchaumbUrg, minois, each does hereby make, constitute and appoint: ROBERT LAGLER and BONNIE RJDDLE JOTNTL Y OR SEVERALLY Its true and lawful Attomey(s}-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or pennitted by law, regulation, contract or othetwise, provided that no bond or undertaking or contract or suretyship executed lUlder this authority shall exceed the amount of: TWENTY-FIVE MlLLlON ($25.000.000,00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED. that any two of the Presidents. any Managing Director, any Senior Vice President, any Vice President., any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety , and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached," ~~~::"~~ ~':.o~~,...,.~ ~ ff--"cY-~1:'~\ III SEAL ...',~. ll~: :g~ %: ',~ "" ltiefl '", '"......t,'-sl "i9~~N.:;.~~~ -~/Ul\n\~~ By SIne. P. Aadenon, Puddell' '" Cblc. E1fl:ollye omcerof W.'blll&l....lnlua.lloo.lln..r.lICt COllJp.1IJ' .& StnioN' YlCt Pra.ldellt oINom A~. Sp<<W1)' 11I111n..... c....p...)' , 642- :7 '.-/ "'''''''''''''''7''''''--'- By D...id M. La,........ St.lllor Vi... PI'tSidtD( ..rW..hltlcto" 1"fu'Qatl"...lluuBnet Company .. Viet Pra\denl ol'Nort!l AJDtritaa Sptda/f)' bmI...ee C~U)" "".."0"" "",.....,..~ ~/r.."CPOfC,}.... "'I SEAL ~\. is, 'hi ~~~~i? \:..~.~it....'t-~J ,~ IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 23rd day of March . 20~. North AmeriuD Specialty Insurance Company Washington Interoafionallnsurance Company State of llIinois County of Cook On this 23rddayof March. 20...1Q., before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of Washington Intemau9naJ Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resoective comnanies. "OFFlCl,',L $EAI:' DO/Io'NAD.SKLJ:NS. !JouryPubtic.St.l!eafDlinois My Commission F.xpiru 100&'2011 fJ.(;fi"M IJ ->>-~ Donna D. Sklens, Notary Public I, James A. Camenter ,the duly elected Assistant SecretarY of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington lnternationallnsurance Company, which is still in full force and effect IN WITNESS WHEREOF, 1 have set my hand and affixed the seals of the Companies this 24th day of AURust .20~, ~'/J-/3~ Jilml:SA. Cupau~, Vice~d"'I"'AuiS13nlS<<RWyorw.l:5hingtOn ~ lntunn<<Olmpony '" NortlIAmericanSpccialrylnruranceCompany Departrnent of State Lands 775 Summer Street, Suite 100 Salem, OR 97301-1279 ~ 503-986-5200 Perrnit No,: Perrnit Type: Waterway: County: Expiration Date: BRAMMO INC. 43449-RF Removal/Fill WetlandlKnoll Creek Jackson June 16, 2011 IS AUTHORIZED IN ACCORDANCE WITH ORS 196.800 TO 196,990 TO PERFORM THE OPERATIONS DESCRIBED IN THE ATTACHED COpy OF THE APPLICATION, SUBJECT TO THE SPECIAL CONDITIONS LISTED ON ATTACHMENT A AND TO THE FOLLOWING GENERAL CONDITIONS: 1, This permit does not authorize trespass on the lands of others, The permit holder shall obtain all necessary access permits or rights-of-way before entering lands owned by another. 2, This permit does not authorize any work that is not in compliance with local zoning or other local, state, or federal regulation pertaining to the operations authorized by this permit. The permit holder is responsible for obtaining the necessary approvals and permits before proceeding under this permit. 3. All work done under this permit must comply with Oregon Administrative Rules, Chapter 340; Standards of Quality for Public Waters of Oregon_ Specific water quality provisions for this project are set forth on Attachment A. 4. Violations of the terms and conditions of this permit are subject to administrative and/or legal action, which may result in revocation of the permit or damages, The permit holder is responsible for the activities of all contractors or other operators involved in work done at the site or under this permit. 5. Employees of the Department of State Lands and all duly authorized representatives of the Director shall be permitted access to the project area at all reasonable times for the purpose of inspecting work performed under this permit. 6, Any permit holder who objects to the conditions of this permit may request' a hearing from the Director, in writing, within twenty-one (21) calendar days of the date this permit was issued, 7, In issuing this permit, the Department of State Lands makes no representation regarding the quality or adequacy of the permitted project design, rnaterials, construction, or maintenance, except to approve the project's design and materials, as set forth in the permit application, as satisfying the resource protection, scenic, safety, recreation, and public access requirements of ORS Chapters 196, 390, and related administrative rules, 8, Permittee shall defend and hold harmless the State of Oregon, and its officers, agents, and employees from any claim', suit, or action for property damage or personal injury or death arising out of the design, material, construction, or maintenance of the permitted improvements, 9. Authorization frorn the U,S, Army Corps of Engineers may also be required, NOTICE: If removal is from state-owned submerged and subrnersible land, the applicant must comply with leasing and royalty provisions of ORS 274,530. If the project involves creation of new lands by filling on state-owned submerged or submersible lands, you must comply with ORS 274,905 to 274,940, This permit does not relieve the permittee of an obligation to secure appropriate leases frorn the Department of State Lands, to conduct activities on state-owned submerged or submersible lands, Failure to cornply with these requirements may result in civil or criminal liability, For more information about these requirements, please contact the Departrnent of State Lands, 503-986-5200, Eric Metz, Southern Region Manager Wetlands & Waterways Conservation Div, Oregon Departrnent of State Lands ; June 16, 2010 Date Issued Attachment A 43449-RF Page 2 of 8 ATTACHMENT A Permittee: Brammo Inc. Special Conditions for Removal/Fill Permit No. 43449;RF READ AND BECOME FAMILIAR WITH CONDITIONS OF YOUR PERMIT. The project site may be inspected by the Department of State Lands (DSL) as part of our monitoring program. DSL has the right to stop or modify the project at any time if you are not in compliance with these conditions. A copy of this permit shall be available at the work site whenever authorized operations are being conducted. 1. Responsible Party; By proceeding under this permit, Brammo Inc, Craig Bramscher agrees to comply with and fulfill all tenms and conditions of this penmit Brammo Inc, Craig Bramscher is responsible for carrying out the terms and conditions of this permit unless the perrnit is officially transferred to another party as approved 'by OSL. 2. Authorization to Conduct Removal and/or Fill: This penmit authorizes the placement of Lip to 200 cubic yards and removal of up to 200 cubic yards of material in T39S R1 E Section 14, Tax Lot 100 & 102, Knoll Creek, Jackson County, as described in the attached penmit application, map and drawings, dated March 15,2010, In the event information in the application conflicts with these permit conditions, the permit conditions prevail. 3, Work Period in Jurisdictional Areas: Fill or removal activities below the ordinary high water ' elevation of Knoll Creek shall be conducted between June 15 and September 15, unless otherwise coordinFlted with Oregon Department of Fish and Wildlife and approved in writing by DSL. 4. Authorization to Conduct Compensatory Mitigation: This permit also authorizes rernoval and fill activities necessary to cornplete the required compensatory mitigation. 5, Changes to the Project or Inconsistent Requirements from Other Permits: It is the penmittee's responsibility to ensure that all state, federal and local perrnits are consistent and compatible with the final approved project plans and the project as executed, Any changes made in project design, implementation and/or operating conditions to cornply with conditions imposed by other perrnits rnust be approved by OSL prior to irnplementation. 6, DSL May Halt or Modify: OSL retains the authority to ternporarily halt or modify the projectin case of unforeseen darnage to natural resources. 7, DSL May Modify Conditions Upon Permit Renewal: OSL retains the authority to rnodify conditions upon renewal, as appropriate, pursuant to the applicable rules in effect at the tirne of the request for renewal or to protect waters of this state, Attachment A 43449-RF Page 3 of 8 Pre-Construction 8. Pre-construction Resource Area Flagging: Before any site grading, the surveyed boundaries of the avoided wetlands shall be surrounded by bright orange construction fencing, which shall be rnaintained during construction of the project. There shall be no heavy equipment within fenced areas, except during rnitigation construction, General Construction Conditions 9. Water Quality Certification: The Department of Environmental Quality (DEQ) rnay evaluate this project for a Clean Water Act Section 401 Water Quality Certification (WQC), If the evaluation results in issuance of a Section 401 WQC, that turbidity condition will govern any allowable turbidity exceedance and monitoring requirements, 10, Erosion Control Methods: The following erosion control rneasures (and others as appropriate) shall be installed prior to construction and maintained during and after construction as appropriate, to prevent erosion and minimize movement of soil into waters of this state, a, All exposed soils shall be stabilized during and after construction in order to prevent erosion and sedimentation, b_ Filter bags, sediment fences, sediment traps or catch basins, leave strips or berms, or other measures shall be used to prevent movement of soil into waterways and, wetlands, c, To prevent erosion, use of compost berms, impervious materials or other equally effective rnethods, shall be used to protect soil stockpiled during rain events or when the stockpile site is not moved or reshaped for more than 48 hours_ d, Unless part of the authorized permanent fill, all construction access points through, and staging areas in, riparian and wetland areas shall use removable pads or mats to prevent soil cornpaction, However, in some wetland areas under dry sumrner conditions, this requirement rnay be waived upon approval by DSL. At project cornpletion, disturbed areas with soil exposed by construction activities shall be stabilized by mulching and native vegetative plantings/seeding, Sterile grass may be used instead of native vegetation for ternporary sediment control. If soils are to remain exposed more than seven days after completion of the permitted work, they shall be covered with erosion control pad's, mats or similar erosion control devices until vegetative stabilization is installed, e, Where vegetation is used for erosion control on slopes steeper than i:1, a tackified seed mulch shall be used so the seed does not wash away before germination and rooting, f, , Dredged or other excavated material shall be placed on upland areas having stable slopes and shall be prevented from eroding back into waterways and wetlands, g, Erosion control rneasures shall be inspected and maintained as nec~ssary to ensure their continued effectiveness until soils be corne stabilized, h, All erosion contro/structures shall be removed when the project is cornplete and soils are stabilized and vegetated. Attachment A 43449-RF Page 4 of 8 11. Hazardous, Toxic, and Waste Material Handling: Petroleum products, chernicals, fresh' cement, sandblasted material and chipped paint, wood treated with leachable preservatives or other deleterious waste materials shall not be allowed to enter waters of this state. Machinery refueling is to occur at least 150 feet from waters of this state and confined in a designated, 'area to prevent spillage into waters of this state. Barges shall have containment system to effectively prevent petroleum products or other deleterious material frorn entering waters of this state. Project-related spills into waters of this state or onto land with a potential to enter waters of this state shall be reported to the Oregon Emergency Response System (OERS) at 1-800- 452-0311, 12, Federally Listed Endangered or Threatened Species: When listed species are present, the authorization holder must comply with the Federal Endangered Species Act. If previously unknown listed species are encountered during construction, all construction activity shall immediately cease and the perrnit holder must contact DSL. 13. Archaeological Resources: If any archaeological resources and/or artifacts are encountered during construction, all construction activity shall immediately cease, The State Historic Preservation Office shall be contacted (phone: 503-986-0674). 14. Work Area Isolation: The work area shall be isolated from the water during construction according to the Work Area Isolation Plan contained in the application, All structures and materials used to isolate the work area shall be rernoved immediately following construction and water flow retumed to pre-construction conditions: 15, Operation of Equipment in the Water Prohibited: There shall be no operation of equipment in the water. Work in the waterway shall be conducted from top of the bank, 16, Fish Passage Required: The project shall meet Oregon Department of Fish and Wildlife requirements for fish passage, 17, Rlprap Placement Methods: Riprap/rock shall be placed under the following conditions: a, Only clean, erosion resistant rock frorn an upland source shall be used as rip rap, No broken concrete or asphalt shall be used, . b, Riprap rock shall be placed in a rnanner that does not increase the upland surface area. c, Riprap shall be placed in a way as to minimize impacts to the active stream channel. d, Gravel or filter fabric should be placed behind the riprap rock, including the toe trench rock, as a filter blanket. e, All riprap rock shall be placed, not durnped, frorn above the bank line, Compensatory Wetland Mitigation The following conditions apply to the compensatory wetland mitigation actions proposed in the application Mitigation Plan dated July 2009, 18,Acreage and Type of Compensatory Mitigation: Mitigation shall be conducted according to the acreages and methods described in the table below, 0,2 acres of riparian wetlands will be created, Attachment A 43449-RF Page 5 of 8 Acres Cowardin/HGM Class Authorized 1m acts alustrine emergent riverinelflow-throu h Method 0.1 creation 0.2 19. Mitigation Site Location: Mitigation shall be conducted on-site. The center-point of the mitigation site is 42.1809, -122.6667. The current legal description is Township 398. Range 1 E, Section 14, Tax lot 100 & 102 as shown on Figure #7 & 8 of the mitigation plan. 20. Timing of Mitigation Site Grading: Mitigation site grading shall be completed prior to or within the same construction season as the commencement of the wetland fill activity. 21. Long-term Protection of the Mitigation Site - Deed Restriction: The mitigation site shall be protected in perpetuity by recording the Deed Restrictions approved by the Department. A copy of the recorded instrument must be sent to the Department with the post-construction report. . , MONITORING AND REPORTING REQUIREMENTS 22. Post-Construction Report Required: A post-construction report demonstrating as-built conditions and discussing any variation from the approved plan shall be provided to the Department within 90 days of mitigation site grading. The post-construction report shall include: a. A scaled drawing, accurate to 1-foot elevation, showing the finished contours of the mitigation site. b. A narrative that describes any deviation from the approved mitigation plan. c. A copy of the recorded deed restriction or conservation easement. 23. Term of Monitoring; Annual Monitoring Reports Required: The pennittee shall monitor the mitigation site to detennine whether the mitigation site is meeting performance standards for a minimum period of 5 growing seasons after completion of all the initial plantings. Annual monitoring reports are required. 24.Annual Monitoring Report Due Date: Annual monitoring reports are due by December 31 of each year. 25. Extension of the Monitoring Period: The monitoring period may be extended, at the discretion of the Department, for failure to provide monitoring reports, failure of the mitigation site to meet perfonnance standards for two consecutive years or when needed to evaluate re- planting or other corrective or remedial actions. 26. Release of Mitigation Obligation: Mitigation monitoring is required until D8L has officially released the site from further monitoring. Attachment A 43449-RF Page 6 of 8 27. Failure to Submit Monitoring Reports: Failure to submit the required monitoring report by the due date may result in an extension of the monitoring period, forfeiture of the financial security and/or enforcement action. .. . 28. Contents of the Annual Monitoring Report: The annual monitoring report shall include the following information: a. Completed Monitoring Report Cover Sheet, which includes permit number, pennit holder name, monitoring date, report year, performance standards, and a determination of whether the site is meeting perfonnance standards. b. Impact and mitigation site location map(s). c. A brief narrative that describes maintenance activities and recommendations to meet. success criteria. d. Mitigation site map showing permanent plot locations that correspond to the data collected and fixed photo-points. e. Data collected to support the conclusions related to the status of the site relative to the perfonnance standards listed in this permit (include summary/analysis in the report and raw data in the appendix). f. Photos from fixed photo pOints (include in the appendix). g. Other infonnation necessary or required to document compliance with the perfonnance standards listed in this permit. h. A post-construction functional assessment by the end of the monitoring period. 29. Corrective Action May be Required: The Department retains the authority require corrective action in the event the performance standards are not accomplished at anytime within the monitoring period. ., PERFORMANCE STANDARDS Herbaceous Wetlands 30. Native Species Cover: The cover of native species, as defined in the USDA Plants Database, in the herbaceous stratum is at least 60%. 31.lnvasive Species Cover: The cover of invasive species is no more than 10%. A plant species should automatically be labeled as invasive if it appears on the current Oreqon Department of Aqriculture noxious weed list, plus known problem species including Phalaris arundinacea, Mentha pulegium, Holcus lanatus, Anthoxanthum odoratum, and the last crop plant if it is non-native. Non-native plants should be labeled as such if they are listed as non- native on the USDA Plants Database. Beginning in Year 2 of monitoring, DSL will consider a non-native plant species invasive if it comprises more than 15% cover in 10% or more of the sample plots in any habitat class, and increases in cover or frequency from the previous monitoring period. Plants that meet this definition will be considered invasive for all successive years of monitoring. Attachment A 43449-RF Page 7 of 8 32. Bare Substrate Cover: Bare substrate represents no more than 20% cover. 33. Species Diversity: By Year 3 and thereafter, there are at least 6 different native species. To qualify, a species must have at least 5% average cover in the habitat class, and occur in at least 10% of the plots sampled. 34. Moisture Prevalence Index: Prevalence Index is <3.0. Shrub-dominated and Forested Wetlands 35. Native Species Cover: The cover of native species, as defined in the USDA Plants Database, in the herbaceous stratum is at least 60%. . 36. Invasive Species Cover: The cover of invasive species is no more than 10%. A plant species should automatically be labeled as invasive if it appears on the current Oreoon Department of Aqriculture noxious weed list, plus known problem species including Pha/aris arundinacea, Mentha pu/egium, Ho/cus /anatus, Anthoxanthum odoratum, and the last crop plant if it is non-native. Non-native plants should be labeled as such if they are listed as non- native on the USDA Plants Datab<,!se. Beginning in Year 2 of monitoring, DSL will consider a non-native plant species invasive if it comprises more than 15% cover in 10% or more of the sample plots in any habitat class, and increases in cover or frequency from the previous monitoring period. Plants that meet this definition will be considered invasive for all successive years of monitoring. After the site has matured to the stage when desirable canopy species reach 50% cover, the cover of invasive understory species may increase but may not exceed 30%. 37. Bare Substrate Cover: Bare substrate represents no more than 20% cover. 38. Woody Vegetation: The density of woody vegetation is at least 1,600 live native plants (shrubs) and/or stems (trees) per acre OR the cover of native woody vegetation on the site is at least 50%. Native species volunteering on the site may be included, dead plants do not count, and the standard must be achieved for 2 years without irrigation. 39. Species Diversity: By Year 3 and thereafter, there are at least 6 different native species. To qualify, a species must have at least 5% average cover in the hapitat class, and occur in at least 10% of the plots sampled. 40. Moisture Prevalence Index: Prevalence Index total for all strata is <3.0. Monitoring and Reporting Schedule Report Requirements Schedule Financial. Surety Release Schedule Post-Construction Post-construction report gO days after completion of Recorded Protection grading Instrument First Annual report Establishment of After one growing season 25% upon approval of the permanent monitoring of all proposed plantings first annual monitoring iocations report Attachment A 43449-RF Page 8 of 8 Vegetation performance standards Demonstration that wetland hydrology has been accomplished Evidence that water rights are secured, or are not required Second Annual report Vegetation performance After lwo growing seasons standards . . Third and Fourth Vegetation performance After three and four growing Up to 25% upon Annual reports standards seasons, respectively achieving wetland a "light delineation" during acreage, and meeting ail Actual acreage achieved by spring of a year when applicable vegetation HGM and Cowardin class". precipitation has been near performance standards normal and no irrigation has been in use during the previous lwo years Fifth Annual report (or Vegetation performance After five growing seasons 50% release upon final report if the standards meeting all performance monitoring period has standards. The been extended) Functional assessment' performance standards must be met without irrigation for lwo successive growing seasons UThese requirements may be fulfilled any time during the monitoring period, but must be received by the Department no later than the fifth annual monitoring. x Functional assessments shall meet the standards and requirements in OAR 141-085-0685. The same assessment method used for the pre-CWM site functional assessment should be used for monitoring purposes, unless otherwise approved by the Department. Issued: June 16, 2010 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Desi~nation of V otin~ Dele~ate to LOC Annual Meetin~ September 7,2010 Primary Staff Contact: Diana Shiplet Administration E-Mail: shipletd@ashland.or.us None ~ ' Secondary Contact: None ..~. :'. Martha Bennett t--" Estimated Time: 5 Minutes Question: Whom will Council designate as the voting delegate and alternate delegate for the annual League of Oregon Cities (LaC) membership meeting, occurring on September 25,201 O? Staff Recommendation: N/A Background: The annual membership meeting of the League of Oregon Cities will be held on September 25,2010 at their annual conference. Each member city is entitled to cast one vote at the meeting. Mayor Stromberg and Councilors Navickas, Jackson, Silbiger, and Chapman will be in attendance at the conference. Related City Policies: N/A Council Options: Select a voting delegate and an alternate voting delegate for the annual LaC membership meeting. Potential Motions: I move to approve as the voting delegate and delegate for the annual LaC membership meeting. as the alternate voting Attachments: Designation form Page 1 of I r~' -~ th LEAGUE 85 ANNUAL LOC CONFERENCE 9.! Oregon C I TIE S September 23-25, 2010 . Hilton Eugene & Conference Center Designation of Voting Delegate at Annual Membership Meeting The annual membership meeting will be held Saturday, September 2S, at 8:00 a.m. Each city is entitled to cast one vote at the business meeting; however, !ill city officials are encouraged to attend the meeting. Use this form to indicate those persons who will represent your city as a voting delegate and alternate delegate. The voting delegate or alternate should pick up a voting card at the Conference Registration Desk on Saturday morning prior to entering the business meeting. NOTE: Delegates mav not vote without a voting card, and voting cards will be issued only to a person indicated on this form. Voting by proxv will not be permitted. FOR THE CITY OF A~h~li) VOTING DElEGATE: Name Title ALTERNATE: Name Title Return this form by Sept. 13 to: League of Oregon Cities Attn. Rhonda Schmaltz P.O. Box 928 Salem, OR 97308 Fax: (503) 399-4863 Submitted by (Signature) Name Title Telephone CITY OF ASHLAND Council Communication Electric, Storm Drain and Transportation Utility Rate Discussion Meeting Date: September 7,2010 Primary Staff Contact: Lee Tuneberg Department: Electric E-Mail: tuneberl@ashland.or.us Secondary Dept.: Finance ~ Secondary Contact: Scott Johnson, Mike Faught ..t1' Approval: Martha Bennett . Estimated Time: 15 minutes t,. Question: Does the City Council want to set a Public Hearing for September 21,2010, to consider adjusting utility rates effective November I, 20 I O? Staff Recommendation: Staff recommends that the Council schedule the Public Hearing to discuss what, if any, rate adjustment is done for electric rates, storm drain or transportation utility fees effective November 1,2010. If Council does not want to consider rate adjustments, a public hearing is not needed. Background: Staffs goals include generating adequate revenue to pay for operational costs and capital related expenditures while maintaining sufficient ending fund balances (EFB) to meet future obligations. The City's recent practice has been to consider Electric rates, Storm Drain and Transportation fees in the Fall; Water and Wastewaterrates in the Spring; and Airport and AFN rates as needed. For an implementation target of November I a public hearing should be held in September. The Budget Message in the Proposed FY 2010-2011 document included the following table and 2011 revenue estimates included the rate increases shown bolded in the 2011 column. Rate Adjustments in FY 2006 2007 2008 2009 2009 2010 2011 2012 2013 Actual, Proposed & Projected Actual Actual Actual Actual (8/1/08) Actual (4/20/09) Actual Proposed Projected Projected Transportation Utility Fee 8.1% 0.0% 15.0% 3.0% N/A 3.0% 3.0% 3.0% 3.0% Storm Drain Utility Fee 8.4% 0.0% 50.0% 10.0% N/A 3.0% 5.0% 4.0% 4.0% Airport Fees CPI CPI CPI CPI N/A CPI To Be Determined Water Fees 3.5% 0.0% 6.0% 4% - 7.8% 10.0% . 8.0% 8.0% 7.0% 7.0% Wastewater Fees 3.0% 0.0% 10.0% 3.0% 20.0% 9.0% 8.0% 7.0% 7.0% Electric Rate Increase 0.0% 0.0% 8.7% 0.0% N/A 4.0% 3.0% 5.0% 5.0% Electric Surcharge -10.0% 0.0% -16.6% 'Electric Surcharge. Eliminated FY 2008 II I Page I on r~' CITY OF ASHLAND As mentioned above, Water and Wastewater rates will probably not be considered until March 2011 when we have better information on sales and costs this year, and predictions for FY 2011-2012. AFN and Airport charges will also be treated individually per their own processes. This leaves only Street Fund (Transportation and Storm Drain) fees and Electric rates for consideration at this time. Transportation (Street User) Fee - The budget included a 3% increase. but increased revenue sharing from the state has reduced the need for added revenue this year and NO adjustment is recommended at this time. This would keep the monthly charge of $7.94 for a single family residence rather than raise it approximately $0.24 ifthe budget percentage was applied. Storm Drain (Storm Water) Fee - The budget included a 5% increase. Revenue and expenses for this utility are tenuously balanced at best. However, the Storm Drain Master Plan work continues and will not provide sufficient data for an appropriate adjustment until after July 1,2011. Staff believes it is better to make NO adjustment at this time with the caveat that an increase may be brought fOlWard in the Fall of2011 or as part of the FY 2011-2012 proposed budget. This will keep the monthly charge for a residence at $4.17 rather than raise it approximately $0.21 if the budget percentage was applied. Electric Rates - The Electric Fund is expected to carry fOlWard $250,000 more EFB than projected due to sufficient revenue late in the year and wholesale power and transmission costs being held flat. This helps to take pressure off of the budgeted 3% increase for FY 2010-2011. The City and BPA are still a year away from a major contract change that will significantly (7% or more) impact wholesale power and transmission costs. Current discussions indicate we may see added costs either for transmission or through one of the "cost recovery" clauses in place today that could go in effect as early as October I. Because the added carry over helped the fund meet its target EFB for this year, but modeling of costs indicate a drop in EFB by June 30 without some increase, staff is proposing a smaller increase of2%. A 2% increase "across the boards" would equate to approximately $2.00 more per month on the "test" residential accounts used by the City for modeling and would generate approximately $240,000 annually. The adjustments above are calculated on several residential accounts that have families of four, two adults and two children. The actual impact on an account may vary based upon power use and energy efficiency of the structure. An argument could be made for increases in all areas or by larger percentages due to potential cost increases and needed capital improvements in the near future. Concerns about unpredictable weather (sales) and snow packs (wholesale power generation and costs), benefit costs and other operational costs like fuel and supplies are examples. Staff believes the above approach is a good balance between needed, ongoing revenue and the impact on o'ur customers. Staff anticipates recommending only a small increase in electric rates at this time unless other information becomes available or Council directs othelWise. Page 2 of3 .~.. r_'1 CITY OF ASHLAND Related City Policies: None Council Options: 1) Schedule a hearing to consider an electric rate increase. 2) . Schedule a hearing to consider increases in electric rates and/or other utility fees. 3) Leave rates at current level, schedule no hearing. Potential Motions: Move to approve scheduling a public hearing to consider rate adjustments. Attachments: None Pagc3 of3 ~.l' CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: An Ordinance Relating to Adoption of the Oregon Fire Code and Amending AMC Chapter 15.28 September 7,2010 Primary Staff Contact: Fire E-Mail: None ..A" Secondary Contact: /T'''.. r. Martha Bennett t-"'" Estimated Time: Margueritte Hickman hickmanm@ashland.or.us John Karns 10 minutes Question: Should the Council approve Second Reading of an ordinance titled, "An Ordinance Relating to Adoption of the Oregon Fire Code and Amending AMC Chapter 15.28"? Staff Recommendation: Staff recommends Council approve the Second Reading of this ordinance. Background: The Oregon State Fire Marshal adopts the Oregon Fire Code every three years. Local jurisdictions have the option of adopting and amending the code in manners which best meet the needs of the local jurisdiction. In this adoption, there are two significant changes. The first is an organizational change and the second is an ordinance which allows the fire department to more clearly define regulations during hazardous fire conditions. In this second reading, Staff is requesting that Council consider adding two changes for clarification. The first is similar to the text that is found in the Oregon Fire Code, and would be helpful to clarify the street width differences found in the Land Use Code. The second amendment would clarify the appeals process. I - After AMC 15.28.070 G, it is recommended that the following text be added: ORS 368.039 states that road standards adopted by local government supercede standards in fire codes and requires consultation with local fire agency. 2 - Add 15.28.070 H: Appendix AIOl.l1 - If the complainant or appellant is aggrieved by the final order of the Ashland Board of Appeals, the complainant may file within 10 days an appeal to the Oregon State Fire Marshal's Office. These changes have not been made to the ordinance attached, but will be made to the final version if Council agrees to the alterations. Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures Page I of2 ~~, Council Options: (I) Move to approve Second Reading of the ordinance. (2) Postpone Second Reading to a certain date. Potential Motions: Staff: Conduct Second Reading: Council: Move to approve Second Reading of the ordinance. Attachments: Proposed ordinance Page2of2 CITY OF ASHLAND ~~, ORDINANCE NO. AN ORDINANCE RELATING TO ADOPTION OF THE OREGON FIRE CODE AND AMENDING AMC CHAPTER 15.28 Annotated to show deletions and additions to the code sections being modified. Deletions are bold" ~ and additions are bold underlined. WHEREAS, Article 2. Section I of the Ashland City Charter provides: Powers of the Citv The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession; WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. Citvof Beaverton v. International Ass'n of Firefighters, Local 1660. Beaverton Shop. 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, the State of Oregon has adopted the 2009 edition of the International Fire Code, as amended by the Office of State Fire Marshal, as the Oregon Fire Code; WHEREAS, the City wishes to adopt the new code and make additional amendments to its Fire Code. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 15.28.010 [Adoption of Oregon Fire Code] is hereby amended to read as follows: 15.28.010 Adoption of Oregon Fire Code The ;wQ+ 2010 Oregon Fire Code and appendices A through L & SR are hereby adopted, except where specifically excluded or modified by this section. The 2007 Oregon Fire Code and all adopted appendices, as excluded or modified by this section, will be referred to in the Ashland Municipal Code as the Oregon Fire Code. One copy of the Oregon Fire Code and appendices shall be filed in the office of the City Recorder. Ordinance No. Page I of5 SECTION 2. Sections 15.28.040 [Above ground Storage of Flammable or Combustible Liquids] through 15.28.070 [Amendments to the Oregon Fire Code] are hereby amended to read as follows: 15.28.040 This section intentionallv left blank. J.bO'ie ground Storage of Flammable or Combustible Liljuids The limits referred to in Section 3404.2.9.5.1 3404.2.9.6.1 of the Oregon Fire Code in which the storage of Rammable or combustible Class I and II Iiljuids in abo'ie ground tonl.s outside of buildings is restricted are established as fallows: All City of Ashland residential and historical district areas as defined in the ComllrehensiYe Plan. 15.28.050 This section intentionallv left blank. Storage of Liljuefied Petroleum Cases Restricted. The limits referred to in Section 3804.2 of the Oregon Fire Code, in which storage of Iiljuefied Iletroleum gas is restricted, are established as follows: f.1I City of f.shland residential and historical district areas as defined in the Comllrehensive Plan are limited to the aggregate capacity of anyone installation shall not exceed a water eallacity of 500 gallons. Exception: In Ilarticular installations, this eapacity limit shall be determined by the Fire Code Official, after considcration of special features such as tOllograllhical conditions, nature of oecupancy, and proximity to buildings, callaei!)' of prollosed containers, degree of fire protection to be pro'/ided and capabilities of the local fire department Cil)' of Ashlaud Fire & Life Safety DiYision. 15.28.060 Restricted uses durinl! fire season. A. When the Fire Code Official determines that an increased fire risk exists in the City of Ashland, the Fire Code Official, may enact a policv to restrict activities that increase the potentialfor the il!nition of fires that create a hazard to life, property or resources. B. The policv must indicate what activities are restricted, and the time period for which the restriction will be in effect. C. For the purposes of consistency and coordination between all cooperatinl! al!encies with adiacent boundaries, a plan shall be developed bv the Fire Code Official in cooperation with the Orel!on Department of Forestry and other federal, state and locall!overnmental al!encies affected bv the restrictions. The primary obiective of the plan is to achieve uniformity of fire restrictions rel!ardless of land ownership; however, exact uniformity is not reauired. The plan shall recol!nize variations in fire danl!er, and it shall specify levels of restrictions bv uniaue but easilv recol!nizable l!eol!raphic boundaries. D. Permits may be issued bv the Fire Code Official or desil!nees, which allow a person to conduct a restricted activity as lonl! as specified fire prevention measures are taken to reduce the potential for fire il!nition. Ordinance No. Page 2 of5 Storage of Explosives Prohibited. The scope referred to in Chapter 3301.1 of the Oregon Fire Code whieh referenees the Oregon Revised Statutes and Oregon l.dministrative Rules related to explosives is amended as fallows. The sale, manufacture, possession, transfer and storage of explosb-es as defined by ORS 480.200 (3) are prohibited in all areas within the City of Ashland. limits. 15.28.070 Amendments to the Oregon Fire Code The Oregon Fire Code is amended in the following respects: Oree:on Fire Code section 105.6.30 Open Burnine:. Delete and replace with the following: See Ashland Municipal Code 10.30. A. Section 506.1 Replace the second sentence as follows: The I.ey box shall be of an approyed type, Add the followine: sentence: The kev box shall be installed and maintained in accordance with the manufacturer's instructions, and shall contain keys to gain necessary access as required by the fire code official. B. Section 508.5.1 & Exeeptions: Delete and replaee with the following: The appro':ed fire apparatus operating area must be loeated within 300 feet from a hydrant, as measured by an approved route, along an appro':ed driying surfaee. With the installation of an approved automatie fire sprinlder system, hydrant distance may be increased to /JOO feet. B. Section 507.5.1 Delete and replace with the followine:: Where required. Where a portion of the facility or buildine: hereafter constructed or moved into or within the iurisdiction is more than 300 feet from a hvdrant on a fire apparatus access road, as measured bv an approved route around the exterior of the facility or buildine:, on-site fire hvdrants and mains shall be provided where required bv the fire code official. Exceptions: 1. For Group R-3 and Group U occupancies, the distance requirement shall be 300 feet. 2. For buildine:s equipped throue:hout with an approved automatic sprinkler svstem installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). C. Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and OAR 837-012-0600 through OAR 837-012-0675, the sale of retail fireworks as defined in OAR 837-012-0610 is prohibited within the City of Ashland. The use of retail fireworks within the City is prohibited. D. Section 3301 Storae:e of Explosives - Prohibited. The scope referred to in Chapter 3301.1 of the Oree:on Fire Code which references the Oree:on Revised Statutes and Oree:on Administrative Rules related to explosives is amended as follows. The sale. manufacture. possession. transfer and storae:e of explosives as Ordinance No. Page 3 of5 defined bv ORS 480.200 (3) are prohibited in all areas within the Citv of Ashland. E. Above-l!round Storal!e of Flammable or Combustible Liquids The limits referred to in Section :31114.2.9.5.1 3404.2.9.6.1 of the Orel!on Fire Code in which the storal!e of flammable or combustible Class I and II liquids in above-l!round tanks outside of buildinl!s is restricted are established as follows: All City of Ashland residential and historical district areas as defined in the Comprehensive Plan. F. Storal!e of Liquefied Petroleum Gases - Restricted. The limits referred to in Section 3804.2 of the Orel!on Fire Code. in which storal!e of liquefied petroleum l!as is restricted, are established as follows: All City of Ashland residential and historical district areas as defined in the Comprehensive Plan are limited to the al!l!rel!ate capacity of anvone installation shall not exceed a water capacity of 500 l!allons. h Exception: In particular installations. this capacity limit shall be determined bv the Fire Code Official. after consideration of special features such as tOPol!raphical conditions, nature of occupancv. and proximity to buildinl!s, capacity of proposed containers, del!ree of fire protection to be provided and capabilities of the loeal fire department City of Ashland Fire & Life Safety Division. D. !.f1f1endill DI05.1 Change fir~t sentence a~ follows: Buildings or f1ortioos of buildiogs or facilities exeeeding 21 feet in height abo'/e the lowest leyel of fire deflartment '/ehieles aeeess shall be f1rovided with aflflrll'/ed fire aflflaratus aeeess roads eaflable of accommodating fire deflartment aerial aflflaratus. Aflflendix Dl05.2 & 105.3 Change 30 feet to 21 feet. G. Appendix DI05 - Aerial Fire Apparatus Access Roads Remove and replace DI05.1 with the followinl!: Where required. Buildinl!s or portions of buildinl!s or facilities exceedinl! 24 feet in heil!ht above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodatinl! fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadwav. Remove and replace DI05.2 with the followinl!: Width. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet in the immediate vicinity of anv buildinl! or portion of buildinl! more than 24 feet in heil!ht. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. Ordinance No. Page 4 of5 SECTION 4. Savinl!s. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter 9n the _ day of ,2010 and duly PASSED and ADOPTED this _ day of ,2010. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney - Ordinance No. Page 5 of5