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HomeMy WebLinkAbout2007-1120 Council Mtg Packet CITY OF ASHLAND " Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Except for public hearings, there is no absolute right to orally address the Council on an agenda item. Time permitting, the Presiding Officer may allow oral testimony; however, public meetings law guarantees only public attendance, not public participation. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. V. VI. VII. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 20, 2007 Civic Center Council Chambers 1175 E. Main Street 6:00 p.m. Executive Session to discuss pending litigation pursuant to ORS 192.660(2)(h) 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes] 1. Special Meeting of October 29,2007 2. Study Session of November 5, 2007 3. Executive Session of November 6,2007 4. Regu~rCouncilofNovember6,2007 SPECIAL PRESENTATIONS & AWARDS 1. Tree of the Year - 2007 &c,. fyU ,p)~ tJ ~~ >i ~ fjtf'.. CONSENT AGENDA [5 minutes} 1. Does the Council wish to adopt the Public Art Master Plan? 2. Does the Council wish to confirm the Mayor's appointment of Alexandria Amarotico to the Housing Commission as the Student Liaison? 3. Will Council consent to appoint the Mayor's recommended members to the SDC Committee? 4. Will Council consent to appoint the Mayor's recommended members to the Facilities Master Plan Ad Hoc Committee? 5. Will Council consent to award the contract for nstruction of the Water Treatment Plant Process Improvements to Tn ec anical, Inc. of Portland, Oregon, for $969,322 which included all additive alternatives? ouncil, as the Local Contract Review Board, consent to enter into a public contract with wen Equipment for the purchase of a Sewer Vacuum Cleaning Combo ruc a a cost of $275,308.00? 6. ( 01 'NelL :vlLL:"r'IN(IS :\1\1: HRC>AD("\S"l U\T: UN CIJ:\NNLL \j VlSrr I Ill: C[T\t" OF: /\SllLANU'S wrB I..d JI..\ r \VWW/\SllL.\ND.OR.US ~; \~ VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a Land Use Appeal. 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 ~2.04.040}) 1. Does the Council find that the negotiated development agreement (Verde Village) that governs a land exchange, three annexations, a Comprehensive Plan Map and Zone change, and Outline Plan and exception to street standards, a physical constraints review permit, and a tree removal permit is consistent with State law, City Code and City policies either as presented or as modified? 2. Does the Council approve a statement of intent to limit the use of the Glenn Street Railroad Crossing to bicycles and pedestrians only? PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) [15 minutes maximum] UNFINISHED BUSINESS ~ ~ 1. Does the Council wish to adopt n ordinance ending the Ashland Municipal Code 2.04 Rules of the City Council? NEW AND MISCELLANEOUS BUSINESS 1. Should the City Council accept the Comprehensive Annual Financial Report as recommended by the Ashland Audit Committee? 2. What are the next steps and the proposed timing for the City to connect to the Talent () Ap~~h~T~~ ~~:;;? ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Should the Council finalize the last step of including within the Ashland City Limits 3!Pproxim~-acres of industrial and employment zoned land, by approving C 2econd reading ru:>an ordinance formally annexing the property and withdrawing the property from Jackson County Fire District NO.5? ,,-- ~ 2. Does the Council wish to adopt th~ee- greem~v resolutioD.2.---" 3. Will the Council approve the attac ed resolution to tablish a public hearing date of January 15, 2008, to consider the for ation of Assessment District No. 88 to improve both Liberty Street and the alley between Harrison and Morton Street? XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 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). (I)! 'NeIL !\1[[ !IN(i~ ARE BROAl)C.\ST uvr: ()1\ (lJ\.'\N].L 9 VlSJ IIIIE (1"1 'r' ()!-,\\llIANIYS WF;F~ SIlT AI \\'\V\V i\SHL.\l\D.OHllS Ashland Ci~v Council Meeting October 29, 2007 Page 1015 MINUTES rOR THE SPECIAL MEETING ASHLAND CITY COUNCIL October 29, 2007 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 5:30 pm in the Civic Center Council Chambers. ROLL CALL Councilors Hartzell, Chapman, Navickas, and Silbiger were present. Councilor Hardesty was absent. UNFINISHED BUSINESS 1. Further Discussion of Regional Problem Solving (RPS) Report Community Development Director Bill Molnar reminded everyone ofthe issues David Stalheim presented to the Council at the last meeting, including the population allocation. Mr. Molnar informed the Council that there were two items received this afternoon. He passed these items out to the Council. The first is a letter from Steve Rehn, the second is a packet of information from Madeline Hill and Larry Medinger. Councilor Jackson arrived at 5:35 pm Councilor Jackson, as the liaison to RPS, gave a brief overview of the RPS process to date. She also gave an overview of the process related to establishing urban reserves and how, even though in 2003 Ashland decided not to add urban reserves the RPS process does allow for minor amendments of the regional plan to allow up to 50 acres of urban reserves. Mr. Chapman stated it is his preference that Ashland not have special treatment and not attempt to alter the agreement to allow up to 100 acres. Councilor Navickas agreed. Council discussed the population allocation issue. Councilor Jackson reminded the group that the population allocation is only part ofthe County's Comprehensive Plan. Any adjustments would have to go through the County. Councilor Jackson stated that as part of the RPS process they have a goal of increasing density requirements, particularly when it comes to altering their Urban Growth Boundary (UGB). Cities who wish to increase their UGB will need to prove they have already increased the density within their current boundaries. Councilor Silbiger stated any change to the Council's decisions made in 2003 regarding Ashland's UGB would require an entirely new process and he does not support a change. Mr. Molnar gave overview of population growth issue. Administrator Bennett stated that up until about one year ago it appeared Ashland population was going to grow at the same rate is has for the past several years, which is approximately 1 % /year. In the last year, we have actually grown at approximately 2% per year. The County population allocation, however, assumes a growth rate of about .3%. Ifwe continue to grow at 1.5%, we will bump into issues regarding where we grow. The issues we will have to deal with are; 1) was our population allocated to another city? and 2) how do we handle all the restrictions involved with adding land into the UGB? Councilor Jackson stated RPS is hoping to re-look at the population allocations and the issues it raises. She City Council Study Session November 5, 2007 Page 1 of 5 MINUTES FOR THE CITY COUNCIL STUDY SESSION Monday, November 5, 2007 at 5:15 p.m. Council Chambers, 1175 East Main Street Mayor Morrison called the meeting to order at 5:15 p.rn. Councilors Hardesty, Navickas, Jackson, Hartzell, Silbiger and Chapman were present. 1. Look Ahead Review City Administrator Martha Bennett reviewed the Look Ahead with the Council and noted several changes and additions. 2. Review of regular meeting agenda for November 6, 2007 Public Works Director Paula Brown answered questions in regards to the community process for the City Master Plan. She stated that the proposed process will help the Council make decisions and have the opportunity to review how facilities work together. The committee will look at current and future space needs and how they work together geographically. She explained that the firm hired to do this work has done similar work locally. Staff recommendation is to approve an ad-hoc committee and bring back the recommendation to Council for their approval and final decision. She stated that the open houses will be open for all to attend. She noted issues in regards to the need for more civic space and that staff will advise the committee to look at all options. Ms. Brown clarified that it is not staff presumption on relocation for council chambers, and that is why they are asking for pros and cons. She further clarified that staff is considering storage needs for public documents. Ms. Brown stated that identification of land that could be sold or used for affordable housing was not addressed but could be brought back to the Council for review. The Facility Master Plan had not been broadened to include affordable housing and it may be a lot to ask of a consultant to bring this into the mix. Staff reviewed why the original ad hoc committee was formed, and carrying on the same intent seemed appropriate along with any additional charges. She clarified that the consultant will give recommendations to the Council in regards to overall use of City facilities and their location in terms of available properties. Police Chief Terry Holderness explained the definition of tactical communications and further explained how budgeted dollars could be used. Management Analyst Ann Seltzer explained that staff was uncertain where the "gentleman's agreement," as discussed by Council in their meetings, should be placed. Staff would like to have further discussion with Council on where to place this. Interim City Attorney Richard Appicello suggested that this could be referenced by order of the Council that Council may adopt guidelines to aid in interpretation. City Administrator Martha Bennett stated staff could provide their best attempt at what the Council would like to see in this agreement for their review. Staff agreed to review how items are added to agendas and if these items should be limited to emergency items or time-sensitive items. In addition, staff requested the consideration of changing "councilors" to "council and mayor" under item (D) Section 2.04.080. City Council Study Session November 5, 2007 Page 2 of 5 3. Does the Council have any questions on the progress on the replacement ofthe Lithia Fountain at the Plaza? Public Works Director Paula Brown and George Kramer, Kramer & Company presented drawings on the update on the replacement of the Lithia Fountain. She noted that the project came in under budget and voiced appreciation of the historical nature of this project. Ms. Brown explained the process in which Lithia water is piped to the fountain area and the difficulty that this has presented over the years due to water pressure and locating leaks when they happen. She explained that there is a small amount of money in the water budget for needed repairs. Ms. Brown stated that the flow of Lithia water is constant and drainage goes back into the water treatment facility. Mr. Kramer stated that what will be installed is informational signage and noted the location. Ms. Brown noted the signs will be low enough so visibility would not be an issue. 4. Does the Council have any feedback about the process to review, analyze, and complete an update of several sections of the City's 1998 Transportation System Plan (TSP), Capital Improvements Project List and Transportations Systems Development Charges (SDC's)? Public Works Director Paula Brown spoke in regards to the plan elements and what the next steps would be. Staff is seeking input on the plan by both Council and the community. She stated that HDR had received the contract and added it is available on the City website. She stated that the Transit Element is being analyzed and explained the process in which this will take place. Staff will be bringing back an updated Transportation Needs Analysis for Council's review. Ms. Brown presented the current Capital Improvement Project (CIP) project list as compared to the 1998 project list and what has been completed. She identified projects that have not been completed but noted that progress has been made over the years. Ms. Brown stated there is a need to continue to discuss transit issues and proposed a continued discussion with Rogue Valley Transportation District (RVTD) in regards to their Long Range Plan. She noted the dates of the upcoming meetings and the topics for discussion, including proposed new System Development Charges (SDC). Council briefly discussed trans-railway. Ms. Brown noted the disappointment by Council on the lack of participation but added that the City did receive some press by the local media. Staff will try and do better PR in order to get more individuals involved. Ms. Brown stated that ideally visioning comes first and that this is a Transportation Master Plan that gives targets for future visioning for the next 20 years. She noted the Council should not rely on plans that cannot be changed. The Master Plan is based on what is known today, what future targets are, and uses the current Comprehensive Plan and Master Plan as guidelines. Councilor Hartzell voiced her concern with spending money based on future plans and felt that it made more sense to plan for now. Ms. Brown would not recommend changing direction and stated the City should focus on the Master Plan, as it is a project that does not allow dependency. Ms. Brown explained that the Transportation System Plan looks at current zoning and build-out. She gave examples of how this is internal to Ashland. She clarified that the maximum gas tax, without asking for a vote, is 5 cents and most cities have been charging between 2 and 4 cents. Staff will be bringing back further information on this for Council. City Council Regular Meeting October 2, 2007 Page 1 of 12 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 6, 2007 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilors Hardesty, Navickas, Hartzell, Jackson, Silbiger and Chapman were present. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES Mayor Morrison announced vacancies on the various commissions and committees and noted those who are interested can apply at the City Recorders Office. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The Study Session minutes of October 15, 2007, Executive Session minutes of October 16, 2007 and the Regular Council Meeting minutes of October 16, 2007 were approved with an amendment to the minutes of October 16, 2007, which corrected the Roll Call Vote on page 5 to include Councilor Hardesty's vote. SPECIAL PRESENTATIONS & AWARDS The FEMA Award was presented to the City of Ashland. Mayor Morrison announced that the first item under Public Hearings, concerning the Meadowbrook Subdivision, was removed from the agenda at the appellant's request and will be addressed at a later meeting. CONSENT AGENDA 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Should Council accept the quarterly report as presented? 3. What will the community process be for the City Facilities Master Plan and Updated Space Needs Analysis? 4. Will the Council confirm the Mayor's appointment of Bill Molnar to be the City's Community Development Director and approve the attached employment agreement? Councilors Jackson/Silbiger mls to approve the Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Does the Council want to reject the appeal of the Meadowbrook Subdivision SDC credits and affirm the staff calculation of SDC credit at $63,075 or grant the appeal and award the SDC credits in a greater amount or partially grant the appeal by considering other aspects of the developer's improvements that may be eligible for additional credits? Item delayed until the November 20, 2007 City Council Meeting. 2. Does the Council find that the negotiated development agreement (Verde Village) that governs a land exchange, three annexations, a Comprehensive Plan Map and Zone change, and Outline Plan and exception to street standards, a physical constraints review permit, and a tree removal permit is consistent with State law, City Code and City policies either as presented or as modified? Mayor Morrison read aloud the steps and procedures for the Public Hearing for Land Use Hearings and called the Public Hearing open at 7:15 p.m. City Council Regular Meeting October 2, 2007 Page 2 of 12 The subject matter of the public hearing includes the following: Ordinance declaring approval of a Development Agreement; negotiated Development Agreement pursuant to ORS Chapter 94; Land Exchange pursuant to ORS 271-300 - 271.350 involving a portion of the City Dog Park access and Planning Action 2006-01663; including requests for Annexation; Withdrawal from Fire District No.5; Comprehensive Plan Map Amendment; Zoning map amendment; Outline Plan Approval; street exceptions; Physical constraints permit and tree removal permit for the properties located at 87 W. Nevada Street and 811 Helman Street (Ashland Greenhouses). ABSENTIONS. CONFLICTS. EX PARTE CONTACT Councilor Chapman reported no ex parte contact. Councilor Navickas reported a site visit. Councilor Hartzell reported no ex parte contact, but noted she is the liaison to the Planning Commission. Councilor Silbiger submitted an email, sent to him, into the record, and stated he had no other ex parte contact. Councilor Jackson stated she had nothing to disclose. Councilor Hardesty and Mayor Morrison both stated that they have visited the dog park. Confirmation on whether or not the minutes of the council meeting, where discussion was held regarding the land exchange had been included in the record. Mayor Morrison read aloud the list of Ashland Municipal Code applicable substantive criteria for this decision. CHALLENGES - None STAFF REPORT Senior Planner Maria Harris and Community Development Director Bill Molnar presented the staff report. Mr. Molnar noted three land-use elements in regards to the project: 1) Annexation - there are requests to change the comp plan designation for a portion ofthe property, sub- divide the property, install a multi-use path, acquire a tree removal permit, etc. 2) Land Exchange - the City would receive approximately 2.8 acres next to Ashland Creek for park purposes, and the applicant would receive 1.5 acres of land currently in use as the Dog Park access road 3) Development Agreement - under state statute the numerous items included in the package are allowed to be bundled together and can be negotiated He stated there are multiple departments working on this particular project, and added representatives from some of these departments are present to answer questions concerning the land-use exchange and development agreement. He noted the amount of time the Planning Commission has worked on the project as well as issues that were raised and consequently addressed by the applicant. He added the Planning Commission passed a motion to recommend the Council review and approve the project with the conditions and proposed modifications set forth by the commission. Ms. Harris addressed the application, development agreement, and review process and staff recommendations: 1) Application Components - Land exchange and land-use requests to include a multi-use path, tree removal permit, etc. Council was provided with a vicinity map ofthe subject property and surrounding area. Areas outside of the City limits, but still within the urban growth boundary were addressed. Ms. Harris noted existing conditions of the site to include both natural and unnatural features, i.e., greenhouse structures, trees, a wetland, etc. She stated that the value for the applicant's property was $284,000, and the City's property was valued at $134,000. The land exchange requirements include an advertised public hearing and council findings to determine whether land exchanged is not needed for a public use, or that the public interest may be furthered by the exchange and the property gained is of equal or superior value for public use than the property relinquished. City Council Regular Meeting October 2, 2007 Page 3 of 12 2) Description of the Application - The Planning Commission recommended 42 conditions of approval which address annexation criteria, comprehensive zoning map changes, an outlined plan approval to construct a 68-unit residential development, a physical constraints review permit, exceptions to the street standards and a tree removal permit. Ms. Harris provided a detailed explanation ofthe proposed annexation, which meets annexation requirements. The applicant's request is to change the western part of the property to a "suburban residential" area to allow flexibility with the layout of the units as well as the types of housing units. An important part ofthe proposal is energy and water conservation, and one of the key elements is to locate homes on an east/west access. The Planning Commission found that the proposal to construct energy and water conserving housing units met a public need that satisfied the criteria for the comprehensive plan change. The applicant's proposal of a system of new streets to serve the project and proposed multi-use path was indicated on a map. The units are a mixture of housing formats, and the purpose of the request for a physical constraints review permit is to locate a multi-use path in the Ashland Creek Riparian Preservation Area. The path and the disturbance created by the construction are located largely inside of the biologically determined npanan zone. The application includes two requests for exceptions to street standards; I) locate the multi-use path adjacent to Ashland Creek rather than a public street and 2) use a private drive to access the units rather than the required public street. There was an additional request to install curbside sidewalks on Sander Way, and it was noted that the Planning Commission did not approve this request as they felt it was a design preference. The application also included a request to remove an Oregon White Oak that is located between two proposed units. The Tree Commission did review this request and recommended approval in November of2006. Staff recommended four modifications in the council communication of conditions of approval; I) delete Condition 37 for Sander Way, 2) possible modification of Condition 26 concerning the number of units and the "Net Zero Energy" Performance Standard, 3) Sander Way sidewalks need to be public and 4) the Conservation Division's recommendations concerning water and energy conservation must be met. 3) Requirements of the Development Agreement - A way to bundle the applications with two benefits; it allows the City and the Council to review all of the information as one package and one process, and also maintains the discretionary character of an annexation because it's a negotiated agreement. If the application were approved, the next step would involve a draft agreement edited to incorporate the Council's findings and changes before Council's final review and approval by ordinance. 4) Review Process and Recommendations - Conduct a combined public hearing to include both the land exchange and land-use applications. Once the public hearing is closed, staff recommends Council start with the land exchange application, as the land-use application is dependent upon the Council's decision concerning the land exchange application. Ms. Harris clarified that the minutes of the council meeting where the land exchange was discussed had been included in the record. Councilor Navickas stated his understanding that the City's property value was based on the density bonuses they would receive upon relinquishing the riparian property and questioned if this was accurate. Ms. Harris explained that this was accurate during the initial appraisal, but noted it was later revised and corrected in the record. Councilor Navickas questioned if the Riparian Ordinance does not allow the proposed pathway to be built, if the Council is being asked to give an allowance to the applicants to build it. Mr. Molnar responded that this is correct, and noted the burden is on the applicant to show that impacts have been minimized and identify the City Council Regular Meeting October 2, 2007 Page 4 of 12 needs for the proposed pathway. Councilor Jackson questioned if the riparian area is in need of restoration, as it currently exists. Mr. Molnar responded that there are areas overgrown by blackberry bushes, which could benefit from removal and other maintenance. Councilor Hardesty questioned if the Housing Commission is aware that the affordable housing component is no longer necessarily going to be part of the Net Zero Energy Program. She also questioned if the proposed multi-use path is built, who would maintain the path. Ms. Harris noted the Housing Commission did review it during the pre-application process. In reference to the multi-use path, she stated the City would be responsible for maintenance. She also stated that the primary intent of a street along a natural feature was protection for that feature. Councilor Chapman questioned if there was any discussion about staging or prioritizing the buildings to upgrade later to specific conservation elements. Ms. Harris responded that there was no discussion, and added this would be a question to ask the applicants. APPLICANTS PRESENT A TION Greg Williams1744 Helman/ Explained that the subject property has been in his family for 100 years, and that the property could not be expanded because all of the land is considered residential either in the City or in the County. He added he could develop the land the way it is right now using county and city zones but his intentions for the project is to set an example for the City of Ashland, Jackson County and the State of Oregon. Mr. Williams stated that he is not a land developer and has hired a team of individuals who are experts in sustainable land development. He has partnered with the Oregon Department of Energy and they have chosen this project as one of their pilot projects if it is approved, and with the University of Oregon's Department of Architecture as well, who have agreed to assist in the design of the units. He stated some the proposed units will be much smaller than what is typically being built in the area because he wants homes that average-income families can afford to live in; this is the reason he has requested zone changes. Kerry Kencairn/545 A Street/Explained the site design process and noted the main components of the project. She explained that a lot of answers to the design issues are due to the fact that they are trying to propose a site layout that responds to the topography of the site, the natural flows of water located there and solar access issues. This is why the streets are shaped the way there are, which is to maximize solar energy wherever possible. This also allows them to take water off the side in one direction towards the creek. Ms. Kencairn explained that the pedestrian and bike paths are as high up on the bank as possible with a fence, and a 10-foot buffer between the fence and the houses, to keep people from being able to migrate their lifestyles into the riparian zone. The state standard for off set from the two-year flood plane on a creek is 50- ft., and they are at a minimum of 65 ft. for the riparian edge. The state standard has been exceeded and a biologist has delineated where the tree riparian effect is. The bike path creates connectivity to the greenway and to the surrounding areas and is an extension of the greenway along Bear Creek to Nevada and then to the existing greenway. Ms. Kencairn commented that the solar elements of the units require a new way to look at homes and lot layouts. Units meeting zero net energy subdivision criteria do not sit on lots, they sit in "community-owned" spaces. There would be a homeowners association and all of the open spaces would be controlled by this association. Green spaces would be scattered throughout the site to provide opportunities for community gardens, play grounds, etc. The goal is to create a community that is made up of three smaller communities that are integrated. She stated that the alternative storm water system is another reason for the proposed street layouts because they want the water to flow downhill and collect in the wetlands to integrate bio-swales. She added their goal is to create the best possible development while respecting the rules of the City's development ordinances. City Council Regular Meeting October 2,2007 Page 5 of 12 Chris Hearn/515 East Main Street/Stated it is a privilege to be a part of creating a prototype for other "green builders." He noted many green builders feel that projects such as this are not common because they are expensive, and the flexibility necessary to take advantage of active solar techniques is not always allowed by ordinances. Mr. Hearn stated that the project involves participation in affordable housing, partnerships and the City of Ashland Development Agreement. There are no variances being requested and noted it is a prototype opportunity for cutting-edge active green examples for builders regionally and beyond. The property appraisals will be reviewed by the National Park Service, and added the property is "deed-restricted," meaning that if it ceases to be used for public park or recreation purposes, it automatically reverts to Jackson County ownership. He noted that the City of Ashland has never taken part in a Development Agreement before, as it is a state- sanctioned concept and does not usually concern a residential area. There is a $150,000 property value difference in the City's favor and there is no reason to believe the appraisals are incorrect, as a federally recognized appraiser carried out the appraisals. He stated that this is a win-win situation for the City and noted that the town homes that will be deeded to Rogue Valley Community Development Corporation (RVCDC) and added the net zero energy and sustainable aspect of the town homes are dependent upon an additional grant, which RVCDC is actively pursuing. He stated the project would be something the City of Ashland can be proud of, as it is environmentally progressive and is an example that can be used by builders all over this part of the country. Gene Johnson (Engineer) & Galen Ohmart (Architect)/ SOLARC Architecture & Engineering, Inc., Eugene, OR presented the following and reminded the Council of the following performance goals for the project: . Every home in the facility will be "net zero" capable. . Every home will be solar equipped. . All of the homes qualify for the maximum number of available state and federal tax credits. . Every aspect of the project is fully compliant, meeting or exceeding all requirements with zero waivers, and all areas exceed standards for efficiency. They addressed the comments made in the City of Ashland Electric Division's memorandum that concerned "net zero," and clarified they will analyze each design of the development to determine if it has the capability of net zero. It was pointed out that the passive solar state requirements for minimum passive solar energy were not met with the proposal but the state guidelines say a passive solar design has to produce 20% less heating energy, relative to a standard analysis, and not increase schooling energy. This is all that is required, and the rest of the standards are simply guidelines which the states works with you on to evaluate which combination of approaches you're using and whether you're meeting the requirements or not. They stated that the proposal, as it is written, does outline an approach that complies with the State's minimum requirements. They noted two threshold minimum requirements in the performance document; 1) each PV system either would be 3 kilowatts (kW) in size as a minimum or 2) sized so that it could produce 50% of the annual electric energy used in the home on an annual basis. Exhibit K3 describes in detail how they are approaching this project specifically and noted that they are not convinced they will be able to achieve a 3-kW system or need it, because they can meet this requirement with net zero energy. They requested that this information be reviewed more critically, and noted Exhibit K3 states their goals. They also commented that the State of Oregon would ensure and require that in every category they are exceeding all of the state requirements. RVCDC representative clarified that it is their intention to make the homes as "green" as possible, the only thing that could hold this back would be the City of Ashland's affordable housing policy, which has a cap for System Development Charges (SDC) referral and community development fee deferral. It was noted that "green" homes would likely be built but they cannot guarantee 100% that the units for low-income families will be considered net zero. City Council Regular Meeting October 2, 2007 Page 6 of 12 Mr. Ohmart stated their approach to design is strategic and money is best spent on reducing loads, which concerns the thermal envelope, good glazing, good orientation, getting mass inside the building if possible. He stated they are focused on giving the same quality of construction to RVCDC as Verde Village. Mr. Ohmart explained that he did not the cost difference in bringing these units up to Verde Village standards since the units are not designed at this time. R VCDC added that they are under $150,000 per unit in order to keep them affordable and upgrades could be put in later. It is RVCDC's intention to provide all of the units as mutual self-help homes for home ownership. The prognosis for receiving a grant to provide technical assistance to families is very good and their intention is to build 15 affordable homes in Ashland by next summer. The RVCDC representative noted that a special grant is a possibility to help with the "green" aspect, but a grant has not yet been written because the project needs to be approved first. Councilors Hartzell/Hardesty m/s to extend public hearing until 9:30 p.m. Voice Vote: all AYES. Motion passed. Mr. Ohmart clarified that PV units would be provided to other buildings. Mr. Williams stated that ifhe develops the property as it is zoned now, then five houses will be built. He is trying to develop a much denser project and not use up more land. He noted ifthe project is turned down, he will develop the five houses and does not consider this altemative"green." Mr. Johnson clarified that engineering energy efficient town homes are similar. There are aspects of town homes that are more cost-effective because systems can be shared. Mr. Ohmart noted there is the benefit of a common wall between the units, and there is a need to orient the building. He added the roof must be formed in the right direction and will be part of the project. Mr. Johnson stated it is important to note that in a higher density-housing unit like this there is less roof per unit facing in the right direction, so it is potentially more difficult to get the PV required to be considered net zero. He noted the possibility of a rain/sun parking shelter area could support some PV. Councilor Hartzell suggested the possibility of writing up these kinds of ideas in case RVCDC has to go with someone else. Mr. Johnson stated they have already begun this process. He added there is a 50% annual electric energy target that came from the development team in terms of needing a range of products in order to serve a range of customers. Mr. Ohmart added the design criteria are based on normal use. Mr. Johnson stated that even with the 50% target it is still going to a point that is way beyond what is considered normal practice, as they are shooting for a very high, unprecedented standard. Councilor Hartzell pointed out, under condition 44, it seems as though the applicant is not embracing it. Mr. Ohmart stated they are concerned with one aspect, and noted all other parts of the condition are fine. He stated the notion that they are required to put a 3 k W system on every roof is not practical, as they have some very small units. They may not have enough roof area on these units to do so and a 3 kW system may provide more than net zero energy to the project. He requested an exception to this aspect of the condition. Mr. Johnson noted if the system is too big, and too much power is made and exported, the same rate will not be achieved for that generated power, and the financial basis for doing it is just not there. Councilor Hartzell questioned if staff is proposing that this element of the condition be eliminated or would they suggest different language to modify it. Mr. Johnson responded that they would suggest keeping the language the way it is written which sets the correct performance standard and still provides the flexibility required for the detailed design. He added there is a possibility the City Electric Director did not realize that the units are 600 sq. feet. Ms. Kencaim stated there are a couple of pocket parks termed as playgrounds within the development, and City Council Regular Meeting October 2, 2007 Page 7 of 12 noted they are located at the ends of walkways that are intentionally designed to be accessible without having to cross parking lots. Councilor Hartzell questioned if they had considered placing a path on the east side of Ashland Creek. Ms. Kencairn responded that they do not own that property so they did not consider this idea. Mr. Williams noted that a path in this area would also be located in the floodplain, whereas the other path would not. He added that if the land exchange is granted, the other side of the creek is still not part of the exchange. Councilor Chapman noted that during the presentation it was stated that the multi-use path was in "Phase II" and questioned what this means. Ms. Kencairn explained that Phase II is when a single-family residential portion would be built out. Mr. Williams further explained that Phase I refers to the cottages and town houses, and single-family homes are considered Phase II. He noted the path in question would go alongside the single- family homes and referred to as "Phase II." He added their preference is to build the west side first and then the east side. He noted that access to the dog park would be closed only for a day or two of paving. City Attorney Richard Appicello noted that in the Development Agreement the timetable indicating Phase I and Phase II is a point of contention. Mr. Hearn commented that the Development Agreement would not be in a finalized form until the Council makes their decision. Mr. Hear stated that the issue of reverting to city standards ifnet zero energy standards are not met as not been discussed or ifRVCDC could achieve net zero energy standards. Mr. Appicello explained that the City would look at the special conditions in the agreement and choose the recommendations from the Planning Commission on the zero net energy issue. He noted that currently the agreement does not reflect the flexibility that the applicant is asking for. He added there was a recent submittal that may have changed things in the Development Agreement. Councilor Navickas questioned if, should the Council request 1.5 acres of parkland to be protected outside of the un-developable riparian area, the developer would be interested in coming back with another proposal for consideration. Mr. Hearn stated that this would be a problem because the County has a deed restriction that states if the land is ever used for anything other than parks and recreation, it will defer back to the County. Councilor Navickas clarified that he is suggesting additional parkland on flat level ground to be used for a number of parks and recreational purposes. Mr. Hearn stated the answer to this is no. Developers have worked hard to negotiate in good faith but there comes a point when the City must decided if they want to strive for something greater, such as the proposed agreement, or back the applicant into a comer so they have no choice but to build something to county standards. Ms. Kencairn added that the Council should consider the cost associated with projects that have been brought forward and that the applicant has already gone beyond with this project and to ask for more is not realistic, as they have already pushed to give as much as they can. Mr. Hearn commented in regards to the Development Agreement, that there are red book standards that address what would happen in the event of certain types of conditions. He noted a list of concerns the applicant has in regards to the agreement, and added these concerns are most likely a result of the fact that the agreement is still in a state of flux. Mr. Hearn explained that the County is going to require the same deed restriction on the property, which states that the land must be used for parks or recreation purposes. THOSE WISHING TO PROVIDE TESTIMONY - IN FAVOR AND OPPOSED Colin Swales/461 Allison Street/Noted the positive aspects of the projects, and stated his only concern is that these units would not be affordable to many people. He voiced his disappointment that they would not immediately meet net zero energy standards and noted the following concerns regarding the land exchange and development proposal: . First appraisal: It came back with an adjustment that was in the City's favor for $100,000. One of the conditions the appraiser assumed was that the Williams property being given up is already within the City Council Regular Meeting October 2, 2007 Page 8 of 12 City limits. It is not within the City limits and because it needs to be annexed, a percentage has to be given over to affordable housing, reducing its value. . Energy efficiency requirements for the affordable housing units: These homes should be net zero energy efficient just as the other units will be. . Location of the affordable housing units: These units seem to be clustered together on the worst part of the site, with a view over the sewage treatment plant. This location is also in an area known as "foggy bottom," due to a fog problem, and would not a good location for solar energy homes, which require sunlight. . Variance for the street next to the riparian area: If an alleyway were put in instead, it would minimize the amount of traffic and parking on the street, and provide additional access to citizens while eliminating the need for a variance. Public Hearing continued to November 20, 2007. Staff reminded Council to continue to monitor ex parte contacts they might receive in the meantime. Mayor Morrison recognized citizens who submitted written comments, and noted these comments will be made part of the record. PUBLIC FORUM (None) UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS (None) ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Shall the Council approve the second reading of an ordinance amending chapter 15 ofthe Ashland Municipal Code adopting the 2007 Oregon Fire Code with Ashland Amendments? Councilors Jackson/Navickas m/s to approve Ordinance # 2944. Roll Call Vote: Councilors Hardesty, Navickas, Hartzell, Jackson and Silbiger, YES. Councilor Chapman, NO. Motion passed 5-1. 2. Does the Council want to adopt a Resolution entitled "A Resolution exempting the Ashland Solar Pioneer II Project from a Performance Bonding Requirement"? City Administrator Martha Bennett explained that there were two corrections concerning the previously adopted resolution; 1) an incorrect reference to state law and 2) a warranty should be used instead of a performance bond. Councilors Hardesty/Jackson m/s to approve Resolution # 2007-39. Roll Call Vote: Councilors Hartzell, Jackson, Hardesty, Chapman, Silbiger and Navickas, YES. Motion passed. 3. Should Council approve a second resolution adjusting the FY 2007-2008 Budget to create appropriations and authorize expenditure of assest forfeiture revenues received in conjunction with the City's participation in the regional drug enforcement program? Adminstrative Services and Finance Director Lee Tuneberg explained this would be the second supplemental budget for this year and noted that a couple months prior to this meeting the Council approved a supplemental budget for $66,900 to utilize forfeiture moneys received. Of this amount, $22,000 will not be spent this year, leaving $44,900 for the City to expend. Mr. Tuneberg presented the Council with a memo identifying expenditures, and noted the target to be expended this year is $190,000. If the $66,900 is used, the supplemental budget would total $123,100. He added if the net amount spent out of the $66,900 is $44,900 and the amount proposed by the Police Chiefs memo of $145, 1 00 is spent, than the total amount adds up to the $190,000 target. Staff is asking the Council City Council Regular Meeting October 2, 2007 Page 9 of 12 to s approve the supplemental budget of $123,100 and approve the expenditures identified in the chief s memo. Councilor Navickas voiced his dissapointment with the small amount of funds that will be used for training while other items seem excessive, such as the parking lot expansion, and questioned why items such as these are being prioritzed over training. Police Chief Terry Holderness reminded the Council that they cannot use federal assets forfeiture funds to supplant their regular budget. He added he can only do so much training in any given year; in addition to their regular training they also hold diversity and field training. He noted scheduling issues and the difficulty in completing the currently scheduled training, that it would not be possible to spend more money on training than what he has already spent. Councilor Hartzell questioned if the parking lot expansion will add asphalt, how it coorelates to the Master Facility Plan and how the entire parcel will be used. Chief Holderness stated it would add asphalt, and noted that parking will be utilized by the Police Department even with the buildout of the the City facility. Also, a new user would still find the parking feasible and it could be used for storage units. Councilors Silbiger/Jackson mls to approve Resolution # 2007-38. Roll Call Vote: Councilors Silbiger, Hardesty, Jackson, Navickas, Chapman and Hartzell, YES. Motion passed. 4. Does the Council wish to formally invoke the recreational immunity laws as defined in ORS 105.682? Parks Director Don Robertson explained that this ordinance provides a layer of protection from liability of injury or claim against the City in the event that a citizen or individual is using a free admittance recreational property within the City. If an injury results as a defect in any of the City's maintenance or equipment, the City is not protected, the City insurance company recommended they invoke this particular requirement from the State. Mr. Robertson explained that this is a resolution that protects the City under ORS 105.682 and that the word "invoke" is a result of the recommendations that came from the insurance company. Mr. Appicello clarified that the statute states that you can informally or formally reference this, and that the word "invoke" is not necessary but that it is what is recommended. The City is formally referencing it but is still protected, "informally." He stated that the use ofthe word "invoke" adds a certain level of protection. Councilors Silbiger/Chapman mls to approve Resolution # 2007-40. Roll Call Vote: Councilors Chapman, Navickas, Hartzell, Jackson, Silbiger and Hardesty, YES. Motion passed. 5. Should the Council finalize the last step of including within the Ashland City Limits approximately 8.4-acres of industrial and employment zoned land, by approving first reading of an ordinance formally annexing the property and withdrawing the property from Jackson County Fire District No.5? Community Development Director Bill Molnar stated there was a condition, as part of the previous proposal to annex the property, addressing the fact that a substantial street improvement is necessary and there must be assurance that the street improvements would occur. Upon receiving this assurance, the design has been completed and the street improvements will be paid for through a combination of grant funds and the applicant's funds. Staffs recommendation is to pass first reading and move it to second reading. Mr. Appicello noted the annexation and the withdrawal of the fire district are subjects of advertised public City Council Regular Meeting October 2, 2007 Page 10 of 12 hearings which have already occurred. Councilors Jackson/Silbiger m/s to approve first reading of an ordinance and place on agenda for second reading. Roll Call Vote: Councilors Hartzell, Jackson, Navickas, Silbiger, Hardesty and Chapman, YES. Motion passed. 6. Does the Council wish to adopt an ordinance amending the Ashland Municipal Code 2.04 Rules of the City Council? Councilors Jackson/Hartzell m/s to extend the meeting to 10:30 p.m. Voice vote: all AYES. Motion passed. Management Analyst Ann Seltzer distributed an e-mail to the Council addressing the issues raised during the Study Session concerning this item. Councilor Silbiger read aloud the section stating, "Councilors are required to submit annual statements of economic interest to the Government Standards and Practices Board." He noted changes in law require quarterly statements and also that the name of the Government Standards and Practices Board has changed. He suggesting simplifying the section to read, "Councilors are required to submit statements as required by Oregon statutes. " Mayor Morrison noted a change concerning the use of his address as opposed to the "State of the City" address and asked that it be changed. Councilor Hardesty motioned to add suggested language for Section 2.04.080, Section C to read: "Individual councilors should respect the separation between policy-making and administration. They shall not pressure or direct City employees in a way that could contravene the will of the Council as a whole. They must not interfere with work performance, undermine the authority of supervisors or prevent the full council from having access to relevant information. Notwithstanding this pragraph, nothing shall hamper the Council's ability to evaluate the performance of the City Administrator or the City Attorney." Motion withdrawn to allow for public input regarding the proposed ordinance. Ralph Temple/ISO Myer Creek Rd./In subsection C, he asked the Council to consider not using the word "influence" in the sentence that reads, ". . . prohibiting individual councilors from trying to influence department heads or City staff..." He stated that he perceives the word "influence" to be "advocacy." There is a huge difference between the word "influence," which is legitimate, and "undue influence," which takes the form of bribery, threats, etc. He urged the Council to advocate and pursuade on the citizens' behalf and added they should not block representational influence. He also urged the Council to take out the words "barring criticism," as criticism is a form of communication and should be allowed. Councilor Hardesty stated that ultimately what the Council wants to prevent is coersion, harrassment, bullying, pressure, intimidation and contravening the will of the Council as a whole. She noted individual councilors can gain quite a bit by talking to staff members. Councilors Hardesty/Navickas m/s to add suggested language for Section 2.04.080, C to read: "Individual councilors should respect the separation between policy-making and administration. They shall not pressure or direct City employees in a way that could contravene the will of the Council as a whole. They must not interfere with work performance, undermine the authority of supervisors or prevent the full Council from having access to relevant information. Notwithstanding this pragraph, nothing shall hamper the Council's ability to evaluate the performance of the City Administrator or the City Attorney." DISCUSSION: Councilor Hartzell questioned how the second sentence may be perceived, and added the intent is that councilors should not pressure city employees, "period." She added the rest ofthe sentence is a City Council Regular Meeting October 2, 2007 Page 11 of 12 good idea, but noted it might be a separate idea. Councilor Jackson requested clarification concern ing the second sentence and why the words". . . so as not to influence staff decisions or recommendations..." were removed. Councilor Hardesty explained that the Council does not want a councilor to individually coerce, harrass, bully or pressure a staff member, and it is her opinion that the word "pressure" really was what the Council wanted to say. She noted the importance of maintaining useful contact with City employees and Council staff. Mayor Morrison voiced his support for Councilor Hardesty's suggested language and noted "influencing" is not always negative. The important thing is to avoid behavior that is contrary to the relationship and separation that needs to exist, and also recognize that there is an existing partnership. Councilor Chapman noted Mr. Temples comments and that he perfectly described what the problem is, that influence is perceived as pursuasion, and that is exactly what the Council does not want to have. Persuasion and influence should be used in public rather than one-on-one with a department head, and added he is more convinced than ever that this language should stay in the ordinance. Councilor Silbiger noted examples where the Council has lobbied in private, and stated he would like to hear staff's opinions concerning this issue. He feels the word "influence" is appropriate and supports the ordinance the way it is. Councilor Navickas stated that the changes Councilor Hardesty has proposed is a good compromise and agrees that councilors should not be working independently to coerce staff. He does not feel staff carries out enough outreach and training with councilors and suggested this change. Councilors should not be restricted from having discussion with staff and staff should be trained not to take direction from just one councilor. Councilor Jackson stated that she likes the word "influence" in the ordinance and questioned ifMr. Appicello thought the proposed re-wording accomplishes the same thing or is there a legal interpretation associated with "influence" related to coersion. Mr. Appicello stated he is not uncomfortable with language in Section C as it was written. He noted Mr. Temple's comments contravenes the constitution if it serves as a restriction on First Amendment rights. He explained that councilors are public officers and need to be in the positions they are in to have access to staff members. He suggested adding the language, "nothing in this ordinance is intended to prohibit a public official from exercising their First Amendment rights with regard to communications with staff." He noted councilors will balance this against criminal statutes of official misconduct. He suggested changing the language to include "contravening the will of the council" or "limiting the options of the Council," because the kinds of unwanted communication between staff are those that constrain the options that are presented to the Council. He provided examples of such coersion and suggested including a disclaimer that states the Council is not intending to damage a person's free exercise of their right to freedom of expression and speech. Councilor Hartzell commented that the State does govern some of the bad examples that were noted in discussion and that the Council is proposing to put the word "influence" into a law without first defining which part of its definition the Council needs or wants. Councilors Hardesty/Navickas m/s to amend the motion to include the words "or limit the options of the Council" at the end of the second sentence. Roll Call Vote: Councilors Hardesty, Navickas and Hartzell, YES. Councilors Silbiger, Jackson and Chapman, NO. Mayor Morrison, YES. Motion passed, 4-3. Roll call vote on the amended motion: Councilors Hardesty, Navickas and Hartzell, YES. Councilors Chapman, Silbiger and Jackson, NO. Mayor Morrison, YES. Motion passed, 4-3. Councilor Navickas motioned to include the changes that were suggested in the e-mail from Ms. Seltzer. Motion failed due to lack of a second. City Council Regular Meeting October 2, 2007 Page 12 of 12 OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Item not addressed due to time constraints. ADJOURNMENT Meeting was adjourned at 10:30 p.m. Barbara Christensen, City Recorder John W. Morrison, Mayor CITY OF ASHLAND Council Communication Tree of the Year - 2007 Meeting Date: Department: Approval: November 20, 2007 Community ~~~jYfment Martha BennJ1' VV Primary Staff Contact: Amy Anderson, Assistant Planner, 552-2044 andersona(iuashland.or. us Secondary Staff Contact: Bill Molnar, Community Development Director, 552- 2042 molnarb@ashland.or.us Statement: The Tree Commission is pleased to announce the 2007 Tree of the Year - the Silver Maple - Acer saccharinum -located at 122 Helman Street. This neighborhood tree has had many nominations for 'Tree of the Year' and it has definitely earned an honorary place in Ashland's urban forest. It is obvious that this tree has been well cared for over the years. Neighbors and visitors alike, have the good fortune to enjoy this tree with its lush shade in summer and its spectacular gnarled trunk throughout the seasons. The Silver Maple is a fast growing shade tree, which tolerates all types of soils. Well-deserving of the honor to be chosen "Tree of the Year", this Maple is a tree to be treasured for many years to come. The Tree Commission will dedicate a plaque at the site honoring the tree next spring during annual Arbor week events. Background: This year marks Ashland's twentieth Tree of the Year contest. Throughout the year a nomination form is available on the City of Ashland website and in early October, the call for nominations was distributed in the City Source newsletter. Residents identified 9 trees for consideration. The Ashland Tree Commission then narrowed the field down to five nominees. Residents voted in late October and early November choosing from the finalists. The ballot was published in the Ashland Daily Tidings, posted on the City's web site, available at City Hall, and the Community Development and Public Works Building. A total of73 votes were submitted in this years contest with the Coast Redwoods at 65 Granite Street coming in a close second. While there is only one winner of the award, there were many wonderful trees nominated. And though they were not all big and beautiful, each tree was special in some way to someone in the community. The Ashland Tree Commission would like to thank Ashland residents who took the time to submit nominations and to vote for Tree of the Year. Beginning in 2003, the Tree Commission shifted the Tree of the Year contest to the fall rather than in the spring. The purpose was twofold. First, the Tree Commission wanted to recognize trees in fall splendor. The second objective was to space publicity efforts throughout the year so that Tree of the Year is the focus of the fall and Arbor Week is the focus of the spring. The Tree 1 r.t. , CITY OF ASHLAND Commission will dedicate a plaque at the site honoring the tree next spring during annual Arbor week events. Previous Tree of the Year Winners 2006 Pacific Madrone Mountain View Cemetery 2005 Giant Sequoia 165 Almond 2004 Monterey Cypress 407 Scenic 2003 Pecan Tree 762 & 774 B Street 2002 Deodar Cedars Safeway 2001 Blue Atlas Cedar 391 Liberty 2000 Ginkgo Formerly at the Ashland Public Library 1999 Osage Orange Helman and Orange 1998 Coast Redwood 801 Ashland 1997 American Elm 6th & B S 1996 Colorado Spruce N. Main at Maple 1995 Black Oak 128 South Laurel 1994 Sequoia SOU Library 1993 Walnut Glenwood Park 1992 California Black Oak 133 Nutley 1991 Interior Oak Beach and Ashland 1990 Monkey Puzzle Tree 1 Hillcrest 1989 Tree of Heaven Formerly at the entrance to Lithia Park on the Plaza Council Options: Staff recommends the announcement of the 2007 Tree of the Year winner at the November 20, 2007 City Council meeting. Attachments: Tree of the Year 2007 ballot 2 r~' ----------------------------------------. BALLOT f()r CITY OF ASHLAND'S 2007 TREE OF THE YEAR This marks the twentieth Tree of the Year contest. In selecting Ashland's Tree of the Year for 2007 we have the opportunity to pause and reflect on all of Ashland's lovely trees and the many ways they enhance our lives. The nominees for the 2007 Tree of the Year are: a Coast Redwoods - Sequoia sempervirens at 65 Granite Street. Redwoods are the tallest of the world's trees. An evergreen, the Coast Redwood displays a pyramid form composed of lustrous dark green needles and rich red-brown fibrous bark. These redwoods are an example of the outstanding size and stature that mature redwoods achieve. The native habitat of the Coast Redwood is confined to the fog belt along the Pacific Ocean from Southern Oregon to the California bay area. Redwoods produce a wonderful sweet, dark, woody aroma. a Deodar Cedar - Cedarus deodara at 52 Granite Street Native to the Himalayas this tree brings some of that wild mountain energy to downtown Ashland. Look to the hillside above the Community Development Building from the entrance of Lithia Park and this tree spreads nearly as wide in canopy as it is tall in the middle of its redwood, fir and cedar neighbors on Granite Street. Walk up the stairs of the Alice Pie I walkway to have a closer look at its wild branching and multiple leaders; it's a small forest of a tree. a White Oak - Quercus garryana at 1209 Iowa Street Mention an oak tree and images of strength and stature come to mind. This mature White Oak is no exception! It's canopy, like that of an unfurled umbrella stretches as wide as it does high above the house it so gracefully encloses - providing shade and comfort over the entire front yard in summer. In winter, the rugged bark and twisted branches offer a stark silhouette of this giant. Though thought to be native to our region, White Oaks are native to the eastern region of the United States from the Mississippi River Valley to the Atlantic. All oaks produce acorns, but the acorns of the White Oak are a favorite of deer, squirrels, and many birds such as our local scrub jays, no doubt making this tree a favorite of theirs as well as anyone who happens by this excellent specimen. a Silver Maple - Acer saccharinum at 122 Helman Street This gorgeous neighborhood tree has been nominated yet again for 'Tree of the Year', and it has definitely earned an honorary place in Ashland's urban forest. Take a moment to stroll down Helman, under the wide spreading canopy of this wonderful Silver Maple! It is obvious that this tree has been well cared for over years. Neighbors and visitors alike, have the good fortune to enjoy this tree, its lush shade in summer and its spectacular gnarled trunk throughout the sea- sons. a Coast Redwood - Sequoia sempen1irens at 712 Siskiyou Boulevard This towering, double trunk beauty is a lovely example of the tallest tree in the world. Just off Siskiyou, facing Morton, it displays a strong, classic geometry reflecting its triumph through tumultuous history. It was lovingly planted in 1978, but chopped down in '84. It grew tall again to share its branches and seeds with Ashland's natural denizens and to delight the rest of us with its graceful, lush foliage; red, fuzzy bark and its story of powerful regeneration. All BAllOTS MUST BE RECEIVED BY FRIDAY, NOVEMBER 9TH Mail or deliver to: Amy Anderson, City of Ashland, Office of Community Developement 20 East Main Street, Ashland, OR 97520 S'lIPPO~ T T'H'E T~ 'E'ES O'F AS'H'LA 'N'D - CVOT'E! 'f} ~I ~I I ~---------------------------------------_. CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Public Art Master Plan November 20, 2007 Primary Staff Contact: Administration E-Mail: Secondary Contact: Estimated Time: Ann Seltzer ann@ashland.or.us Question: Does the City Council ish to adopt the Public Art Master Plan? 10 Minutes Staff Recommendation: Staff recommends adoption of the Public Art Master Plan. Background: In June of 2006, the Citizen's Budget Committee approved the expenditure of $1 0,000 for the purpose of developing a Public Art Master Plan. In September of 2006 thc City Council discusscd thc Public Art Master Plan and voiced their support of moving the project forward. The Public Art Commission sought citizen input over a six month period. The Commission conducted the public involvement process using a variety of tools and extensive public outreach. Once the Commission completed the public involvement process in May of 2007 they began to draft the master plan and to develop goals based on citizen input. The Public Art Master Plan includes an overview of public art, the public process, solicitation tools, goals and implementation strategies and an extensive appendix. The Master Plan cost less than $10,000 and the Commission hopes to use the remaining funds to repair the vandalized piece of public art at the comer of Lithia Way and Pioneer Street. Related City Policies: N/A Council Options: Council may accept this master plan as presented, recommend modifications as discussed or defer adoption (takes no action) and give direction to the Public Art Commission. Potential Motions: This item is on the Consent Agenda and can be approved with other items. If removed from the Consent Agenda for separate discussion the following motions may be used. . I move adoption of the Public Art Master Plan. . I move for refinement of the Plan and ask the Public Arts Commission to consider the following additional items: Attachments: . Public Art Master Plan Page 1 of 1 cc- Public Art Master Plan 112007 .doc ~~, CITY OF ASHLAND Council Communication Appointment to Housing Commission Meeting Date: Department: Approval: tMovember 20, 200~ City Record~~t!I\~\' Martha BennJ\ ~ ~ Primary Staff Contact: Barbara Christensen 488-5307 christeb@ashland.or.us Estimated time: Consent Agenda Question: Does the council wish to confirm the Mayor's appointment of Alexandria Amarotico to the Housing Commission as the Student Liaison? Background: This is a confirmation by the City Council on the Mayor's appointment for the Housing Commission Student Liaison on application received. There is no date certain for this position for the length of the term or expiration. Council Options: Approve or disapprove Mayor's appointments. Staff Recommendation: None Potential Motions: Motion to approve appointment of Alexandra Amarotico to the Housing Commission as Student Liaison. Attachments: Application received ~~, -_I _1l.A1 U '-"'11I1...;lL'-'II..;J~11 - , VYU. vvu nUU:SlIl Liaison Pa e 1 From: To: Date: Subject: John Morrison Barbara Christensen 10/31/20071:53:24 PM Fwd: SOU Housing Liaison FYI. >>> Alexandra Amarotico <alexandra.amarotico@hotmail.com> 10/31/07 11 :57 AM >>> October 31, 2007Dear Mayor Morrison,1 am writing to you to express my interest in becoming the Southern Oregon University student representative for the Ashland City Housing Commission. I have been informed that I must be appointed by you and then approved by the Ashland City Council in order to fill the position, so I would like to tell you a little about myself. Born in Ashland, I have lived in this community for most of my life thus far. I graduated from Ashland High School in June of this year, and now attend the School of Business here at Southern Oregon University as a full time freshman. I have been an active member of our community for many years. In high school I was the Editor in Chief of the Ashland High School Rogue News, and I have also been writing for the Ashland Daily Tidings for the last two years as both a columnist and a reporter. Here at SOU, I am currently seated on the ASSOU Senate as the International Senator. If appointed as a liaison for the Housing Commission, I IA/ould be honored to be a partoLthe continuing efforts towards bringing eqw~___ affordable housing opportunities to Ashland. Thank you for your consideration,Sincerely,Alexandra AmaroticoASSOU International Senator(541) 973.9741 Climb to the top of the charts! Play Star Shuffle: the word scramble challenge with star power. Play Now! Council Communication CITY OF ASHLAND Approval of the Mayor's Appointment of Systems Development Charge (SDC) Committee Members Meeting Date: Department: Secondary Dept.: Approval: November 20, 2007 Public Works Finance Martha Benn Primary Staff Contact: E-Mail : Secondary Contact: Estimated Time: Paula Brown brownp@ashl~nd.or.us Lee Tuneberg \ consent Question: Will Council consent to appoint the Mayor's recommended members to the SDC Committee? Mayor's Recommendation: Mayor Morrison recommends approving the SDC Committee with the following eight members representing Ashland Commissions, community groups or as individuals from our community. Membership One member from each of the following: Council Liaison Planning Commission Housing Commission (new) Ashland Chamber of Commerce (new) Two members from each: Builders Citizens Staff as ex-officio members IJ tt , ,-f .? vi 2007 Name ~ Russ Silbiger (continue as current member" J- : ~ Pam Marsh ~~~ Liz Peck ~ ... :,.l Pam Hammond .' ~! Darrell Bolt and Larry Medinger (current members) ~,~~ Connie Saldana (current member) and Steve Hauck'" \, \, \.> . I Finance and Public Works or Parks Background: The purpose of systems development charges (SDC) is to impose an equitable share of the public costs of capital improvements upon those developments that create the need for or increase the demands on capital improvements. SDCs are collected to help pay for growth related improvements in the following areas: water, wastewater, transportation, storm water, and parks and recreation/open space acquisition. In 2006 staff completed updates to the water/wastewater SDCs and is now beginning the updates to the transportation and storm drain SDCs. The SDC Committee shall meet beginning in either December 2007 or January 2008 to review the Transportation and Storm Water SDC methodologies and review/update the charges for those two SDCs and provide a recommendation to Council not later than the last meeting in June 2008. Upon completion of these two SDC charges, the committee shall remain intact for possible meetings on other SDCs or until December of 20 1 0, whichever is sooner. The committee should be reviewed for policy consistency and potential reappointment every three years. Page I of2 CC SDC Committee approval NovO? r;., CITY OF ASHLAND Related City Policies: AMC 4.20 Systems Development Charges Resolution 92-13 2007 -08 Budget and CIP Documents Council Options: The Council has a variety of options, three of which are presented: 1. Accept and approve the Mayor's recommendations as part of the Council meeting's consent agenda. 2. Accept the Mayor's recommendations with changes as proposed during the meeting. 3. Decline to address the issue. Potential Motions: 1. Council moves to approve the Mayor's recommendations (by either adopting the consent item or specifically making this motion). 2. Accept the Mayor's recommendations with changes as proposed during the meeting. Attachments: none Page 2 of2 CC SDC Committee approval Nov07 r~' CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Approval of the Mayor's Appointment of Facilities Master Plan Ad Hoc Committee Members / Paula Brown ,,()}J- brownp@ashland.or.J;~ Lee Tuneberg l consent November 20, 2007 Public Works Finance Martha Benn ~ Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Question: Will Council consent to appoint the Mayor's recommended members to the Facilities Master Plan Ad Hoc Committee? Mayor's Recommendation: Mayor Morrison recommends approving the Facilities Master Plan Ad Hoc Committee with the following eight members representing Ashland Commissions, community groups or as individuals from our community. Council Liaison Planning Commission Historic Commission Citizen Citizen Alice Hardesty as appointed by the Commission Dale Shostsrom (appointed by the Commission) Don Mackin George Kramer [Alternates potentially Bruce Moats or Jim Teece] Staff as ex-officio members Paula Brown, Keith Woodley, Ann Seltzer, Lee Tuneberg, Joe Franell, Mike Morrison Jr. Background: The City owns over 80 distinct pieces of property; 36 ofthose are City owned and not specifically designated for parks or parks open space. The majority ofthe properties are actively in use. Through the efforts ofthe City's Facility Master Plan, these properties will be evaluated for their best use and function or combined use for better efficiencies. This Ad Hoc Facilities Master Plan Committee will assist the staff team in guiding the consulting firm of Ogden Roemer Wilkerson (ORW) Architecture as they develop the best course of action for the City's future comprehensive Facilities Master Plan. The City convened an Ad Hoc Space Needs Committee in 1993 to identify and better define concerns with City Facility locations; over-crowded staffing at various sites, the desire to remain a viable presence in the downtown area, and to make recommendations on future office space needs for the City. The 2007 Ad Hoc Facilities Master Plan Committee will have a similar charge to review the current facilities locations, conditions and mix within the various areas of our community and to make prioritized recommendations to Council for future use, locations, facilities modernization or rebuilding. Page I of2 CC Facilities Committee approval NovO? r~' CITY OF ASHLAND Related City Policies: 2007 -08 Budget and CIP Documents Council Options: The Council has a variety of options, three of which are presented: 1. Accept and approve the Mayor's recommendations as part of the Council meeting's consent agenda. 2. Accept the Mayor's recommendations with changes as proposed during the meeting. 3. Decline to address the issue. Potential Motions: 1. Council moves to approve the Mayor's recommendations (by either adopting the consent item or specifically making this motion). 2. Accept the Mayor's recommendations with changes as proposed during the meeting. 3. Disapprove the Mayor's recommendations. Attachments: none Page 2 of2 CC Facilities Committee approval NovO? ~~, CITY OF ASHLAND Council Communication Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Water Treatment Plant 1m rovements Construction Contract A Meeting Date: Department: Secondary Dept.: Approval: November 20, 2007 Public Works Engin ering Finance Martha Benne Paula Brown 552-2411 brownp@ashland.or.us \ Pieter Smeenk 552-2413 consent Question: Will Council consent to award the contract for construction of the Water Treatment Plant Process Improvements to Triad Mechanical, Inc. of Portland, Oregon, for $969,322 which included all additive alternatives? Staff Recommendation: Staff recommends that Council approve and award the contract for construction of the Water Treatment Plant Process Improvements to Triad Mechanical, Inc. of Portland, Oregon, for $969,322 which included all additive alternatives. The proposed improvements are necessary in order to efficiently provide high quality treatment of Ashland's water source in a manner consistent with current environmental, safety, and water quality standards. The proposed construction improvements were competitively bid, and the contractor's bid represents current market costs for the proposed improvements. Costs are not anticipated to decline. Background: On November 6,2007, the Public Works Department received bids for the construction of improvements to the Water Treatment Plant. Two bids were received from R&G Excavating Inc. and Triad Mechanical, Inc. A third bidder submitted a late bid, which could not be accepted under current contract rules. The apparent low bidder was Triad Mechanical, Inc. of Portland, Oregon, with a low bid of $969,322 including all additive alternatives. Water Treatment Plant Process Improvements are a high priority within the Capital Improvements Plan to ensure a consistent high quality water supply to the City. These improvements are a part of several years of comprehensive analysis for the plant and distribution system to ensure the full potential of the treatment plant's capacity. The plant was reconstructed in 1995 with a design potential of 12.5 million gallons per day. However there were numerous improvements that were deferred at that time, and are still needed to be made to bring the plant up to its future full flow capacity. The City had several small engineering analyses completed to determine the priority and need of each project. Many ofthe smaller projects have now been completed. This project consolidates most of the remaining "future projects" in order to improve the plant's ability to consistently manage the extremes from our winter high flows with very low temperatures to the high summer organic content with different temperature and turbidity conditions that vary significantly from normal during transition periods in the spring and fall. Brown and Caldwell is the design engineer and will assist with project management during these improvements that include: ~ flow improvements through a series of hydraulic improvements, instrumentation and controls, ~ change to sodium hypochlorite instead of chlorine gas, G:\pub-wrks\eng\06-02\A\CC - Triad Contract.doc I of 3 ~~, CITY OF ASHLAND ~ changes in the chemical feed point, ~ improvements to the sludge lagoon and waste line for better backwash and filter operations, ~ a sediment basin overflow and ~ replacement for the soda ash feed system. Originally this project was to bid in April 2007 and be constructed over two fiscal years. Design issues prevented final plans from being completed until September. The project was put out for bids in October, and bids were received on November 6th, 2007. The low bid amount was less than the official Engineer's Estimate of$l,OOO,OOO. Attached is a summary of bid totals. Three (optional) additive alternates totaling $226,611 were added to the base bid amount of$742,711. The additive alternates are a significant priority to overall plant operations and include: A) $59,320 for construction of alternate chemical feed point at the upstream end of the plant in order to increase effectiveness of activated carbon and potassium permanganate treatment. This improvement is expected to improve the plant's ability to treat algae blooms similar to the ones experienced this last summer and fall. This is considered an important option. B) $65,379 for installation of a sediment basin overflow line to protect Ashland Creek while the plant operates at or near full capacity. C) $101,912 for replacement of an aging soda ash feed system to improve control and decrease maintenance costs. The low bid exceeds the previously budgeted amount of $770,000. The primary reasons for the difference between the budget estimate and the lowest bid were: 1) Unforeseen costs associated with upsizing sludge lagoon backwash piping, 2) Underestimated construction costs by Brown and Caldwell; and 3) Continued escalation of costs experienced on public works projects throughout Oregon. The project budget short fall is proposed to be made up in following way. 1) Reprogram funds from those not expended in FY07 (2006-07 Budget) - may not require budget authority as shown below with other program changes in the Water Fund. 2) The $925,000 originally budgeted for construction of a distribution reservoir on Loop Road has been redesigned and only design will be undertaken in FY08. 3) The replacement ofthe Waterline on Ditch Road will be phased over 2-3 years and completed by the water crews which will save construction costs. 4) The waterline replacement for B Street will only be in design this year and construction will be shifted to FY09 with the street project. G:\pub-wrks\eng\06-02\A\CC - Triad Contract.doc 2 of 3 r~' CITY OF ASHLAND Proposed changes to the 2006-07 and 2007-80 CIP for the Water Fund: Water Plant Ashland Creek East & West Fork Silt & Debris Removal $JO;QOO $20,000 $20,000 R..program 10 FY08, CI..a ChlorinelHvpochlorite Requirement Review ~ $360,000 $360 000 R..program 10 FY08, bid. S! T on and Waste line Improvements ~ $190,000 $190,000 R..program 10 FY08, bid. Hosler Darn Secuntv & T elemetrv $10,000 $30,000 $4(1,000 lighting and cam..ras / r..pair th Plant Process Improv (chern feed, soda ash, instrumentation, flocculator) ~ $650,000 $200.000 $850 000 R..progr am 10 FY08, bid, S'IIh'liltal Plant $10 000 $I 250 000 $200.000 $1 460 000 orig FYO' Plant '$320.001 Water Distribution Gl8Ili.te Street Waterline Replacement. N utlev to Strawberrv to Pioneer $20,000 $15,000 $300,000 $335 000 in d..sign with Grani,.. Su...., pa Loop Road Reservoir and "Crowson II" $28,000 $125,000 $850,000 $975,000 lik..l~ will no' compl..t.. FY08; d Tolman Creek Rd Waterline Replacement - Siskivou to Greenm.emws $15,000 ~ $15 000 postpone to F\'13 - r~ass:E'SSE" lithia Water Fountain replacement (Plaza) $35,000 $3.5000 historic restor ation proc..din~ Waterline Replacement - Ditch RD; Strawberrv PS to Grandview Dr $250,000 $50,000 $300:000 phas.. proj..c, . us.. ci,~ cr..ws f Waterline Replacement - B Street $10,000 $250,000 Ii:n d"slgn.add..dasapar'oft~ Temce Street Waterline Replacement - Iowa to TID Ditch $350,000 old st....llin.., 1800' . 10Y. SDC Waterline U psiz~ - Maple Street and Chestnut Street $250,000 , Fir.. Flows; Mapl.. first (FY09); Water Mocle~ and Master Plan Updates $35 000 $10000 $10 000 ,,$55000 assum.. up '0 $10KI~..ar; n....d ""i,"" .. ,S.iI'f:lIU)utiilnldon $70.000 '44S~00 $25151100 ori!! FY88 DistribijtiOft$1. Triad Mechanical, Inc. plans to begin work on the Water Plant Improvements project as soon as possible. The contract is scheduled for completion by April 30, 2008. Related City Policies: Capital Improvements Plan Projects previously adopted by the City Council: The Sodium Hypochlorite Replacement, Sludge Lagoon Improvements, and the Water Treatment Plant Process Improvements. Council Options: The Council may approve the full contract including all three alternates, or elect to not approve any or all of the three additive alternates, as well as the base contract. Potential Motions: 1) Council moves approval to award the contract for construction of the Water Treatment Plant Process Improvements to Triad Mechanical, Inc. of Portland, Oregon, for $969,322 which included all additive alternatives as part of the consent agenda as shown in the staff recommendation; or 2) Council removes the item from consent to discuss the project or any ofthe additive bid alternatives; or 3) Council makes no motion for approval and requests additional information from staff. Attachments: Bid Summary Sheet Contract G:\pub-wrks\eng\06-02\A\CC - Triad Contract doc 3 of 3 r~' ~ o .... ~ - n to >> >> z ~ 0.. 00 --J 0'\ VI ~ w N ...... (1) 0.. ? 8 s< s< [ s< ~ ~ Z ~ w s< s< en :s:: 0 0 m m m ...... (1) p:l m m 0 ...... ...... ...... ...... (1) ~ ...... ...... 0.. p:l p:l p:l ~ t::l m ~ ~ ~ 8' g: ........ ...... ........ ~ ...... ........ lil lil .... N (1) ........ p:l ~ ~ 0 ~"'O p:l ::s ::s 8 N' ...... ...... ...... * m o' o' o' o' .... : 0 ...... (1) (1) ::r: ~ ~ ~ ::s (1) ~ ~ ::s ::s ::s ::s ~ 0.. "'0 ~ o' 0 0 0 0 0 m W ::s ....., ....., ....., ....., t:C l ~. ::s s= ~ 0 ::s 0 0.. .g ('"l ~ ...... ...... 8 P" (1) 0 -< ~ a ('"l ~ 0' (1) ~ Q (1) >; "'0 p:l 8 0 en en >; -< 0 s= m ::I. m :::!:l n (1) m ...... ...... ,.-... 0 -< 0 ...... g; m .g (1) (1) c:: 0.. (1) ~ (1) == 8 S' >; ~ 0.. ...... n 8. p:l :::!:l ~ (1) (JQ ...... ~ N g ::s 0 ...... p:l 0 n t::l (1) ~ '"1::i m ~ ~. P" ~ m P" >; (1) ~ (1) ::I. ~ ........ 8. ...... 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"1 N 0 0> t') 0> ('l) Q\ ~ I ~ O>~ N a ~ "1 o < ('l) a ('l) = ..... ~ II II - - I Page 27 CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this ("City") and day of.,., between the City of Ashland, "( Contractor"). City and Contractor agree: 1. Contract Documents: This contract is made as a result of an Advertisement for Bid issued by City for the Water Treatment Plant Process Improvements. Contractor was awarded the bid as the lowest responsible bidder. In the event of any inconsistencies in the terms of this contract, the contract documents defined in the Advertisement for Bid and Contractor's bid, this contract shall take precedence over the contract documents, which shall take precedence over the bid. This contract and attached exhibits constitute the entire agreement between the parties. No waiver, consent, or modification or change of terms of this contract shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this contract. Contractor, by signature of its authorized representative, hereby acknowledges that he/she has read this contract, understands it, and agrees to be bound by its terms and conditions. 2. Scope: Contractor shall begin and complete the project described in the contract documents within the time prescribed in the contract documents. The following exceptions, alterations, or modifications to the contract documents are incorporated into this contract: 3. Price & Pavrnent: City shall pay Contractor amounts earned under the contract. All payments will be made at the times and in the manner provided in the contract documents. 4. Performance and Pavrnent Bonds: Contractor shall, within five days after execution of the contract and prior to doing any work under the contract, furnish bonds to the City of Ashland in a form and with a surety satisfactory to City in the penal sum of _ conditioned upon the faithful payment and performance of this contract upon the part of the Contractor as required by ORS 279C.380. 5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract.) Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and approximately caused by the negligence of City. Page 28 6. Insurance: Contractor shall, at its own expense, at all times during the term of this agreement, maintain in force: 6.1 General Liability. A comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, owner's and contractor's protective insurance and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. 6.2 Worker's Compensation. Worker's compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. 6.3 Automobile Liability. Automobile liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. The City of Ashland, its officers, employees and agents shall be named as additional insureds on each required insurance policy. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to the commencement of any work under this agreement. These certificates shall contain provision that coverage afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to City. Insuring companies or entities are subject to the City's acceptance. Ifrequested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 7. Compliance with Law: 7.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Contractor shall promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City and city governments with respect to the services including, but not limited to, provisions of ORS 279C.505, 279C.515, 279C.520 and 279C.530. 7.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs work under this contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except for persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 V.S.C. Sections 201 to 209. 7.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to commencing any work, Contractor shall certify to City that Contractor has workers' compensation coverage required by ORS Chapter 656. If Contractor is a carrier insured employer, Contractor shall provide City with a certificate of insurance. If Contractor is a self-insured employer, Contractor shall provide City with a certification from the Oregon Department of Insurance and Finance as evidence of Contractor's status. I I I I I I I o o I m I ~ Page 29 7.4. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 8. Default: A default shall occur under any of the following circumstances: 8.1 If the Contractor fails to begin the work under contract within the time specified, or fails to perform the work with sufficient workers or equipment or with sufficient materials to insure the prompt completion of the project, or shall neglect or refuse to remove materials or perform anew such work as shall be rejected as defective or unsuitable, or shall discontinue the prosecution of the work. 8.2 If the Contractor shall become insolvent or declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against the Contractor unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors. 8.3 From any other cause whatsoever, shall not carry on the work in an acceptable manner. 8.4 Contractor commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; 8.5 Contractor loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that it required to perform the Services or to qualify as a QRF; 8.6 Contractor attempts to assign rights in, or delegate duties under the Contract. 9. Remedies: In addition to the rights and remedies to which the City may be entitled by law for the enforcement of its rights under this contract, City shall have full power and authority, without violating this contract, to take prosecution of the work from the Contractor, and appropriate or use any or all of the materials and equipment on the ground that may be suitable and acceptable and may cause a contract for the completion of this contract according to its terms and provisions, or use such methods as required for the completion of the contract, in any acceptable manner. All costs and charges incurred by the City together with the costs of completing the work under the contract, shall be deducted from any money due or which shall become due the Contractor. In case the expense so incurred by the City shall be less than the sum which would have been payable under the contract if it had been completed by the Contractor, then the Contractor shall be entitled to received the difference less any damages for delay to which the City may be entitled. In case such expense shall exceed the sum which would have'been payable under the contract, the Contractor and the surety shall be liable and agree to and shall pay the City the amount of the excess with damages for delay of performance, if any. Page 30 10. Termination: 10.1 Mutual consent. This contract may be terminated at any time by mutual consent of both parties. 10.2 City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. 10.3 For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: a. If City funding from federal, state, county, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; b. If federal or state regulations or guidelines are modified, changed or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or c. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract for any reason denied, revoked, suspended, or not renewed. 1004 For Default or Breach. a. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. b. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. c. The rights and remedies of City provided in this subsection (lOA) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. 10.5 Obligation/Liability of Parties: Termination or modification of this contract pursuant to subsections 10.1, 10.2, 10.3 and 1004 above shall be without prejudice to any obligations or liabilities or either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections 10.1, 10.2, 10.3 and 1004 of this section, Contractor shall immediately ceased all activities under this contract, unless expressly directed otherwise by City in notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. - - - - J I I I I I I - I I I I I I I I I I I I I I I I I I I " < Page 31 11. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year < is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 12. Prevailing Wage Rates: The Contractor shall pay a fee equal to one-tenth of one percent (0.1 percent) of price of this Contract. The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract, whichever comes first. The fee is payable to the Bureau of Labor & Industries and shall be mailed or otherwise delivered to the Bureau at the following address: Bureau of Labor & Industries Wage & Hour Division Prevailing Wage Unit 800 N.E. Oregon Street #32 Portland OR 97232 The Contractor shall fully comply with the provisions of ORS 279C.800 through 279C.870 pertaining to prevailing wage rates. 13. Living Wage Rates: If the amount of this contract is $15,964 or more, and Contractor is not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor must post the attached Living Wage *- notice predominantly in areas where it will be seen by all employees. 14. Assignment and Subcontracts: Contractor shall not assign this contract without the written consent of City. Any attempted assignment without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. Contractor may not substitute any subcontractors from the submitted list of First-Tier Subcontractor Disclosure Form without written consent of the City, or by following the procedures ofORS 279C.585 and OAR 137-049-0360. 15. Governing Law: Jurisdiction: Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, Page 32 however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. MERGER CLAUSE: THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICA nON OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENT A TIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 16. Prior Approval Required: Approval of the City of Ashland Councilor Public Contracting Officer is required before any work may begin under this contract. CONTRACTOR By: CITY OF ASHLAND By: Lee Tuneberg Finance Director Signature Printed Name Its: REVIEWED AS TO FORM: By: Legal Department Date: REVIEWED AS TO CONTENT: By: Department Head Date: Coding: (For City use only) IJ II , II I I , - I I I - I I I I Page 14 PROPOSAL Mayor & City Council Ashland, Oregon The undersigned bidder declares that the bidder has received, read and understood all bid documents; received, read and understood all addenda; the bidder has taken no exceptions other than those clearly stated in this proposal; the bidder will be liable for increased costs (and attorney fees) for retaining a replacement bidder if the undersigned bidder is awarded the contract but refuses to sign the contract; the bidder has examined the plans and specifications, has visited the site, and made such investigation as is necessary to determine the character of the materials and conditions to be encountered in the work and that if this Proposal is accepted, the bidder will contract with the City of Ashland, Oregon for the construction of the proposed improvement in a form of contract contained in the bid documents, will provide the necessary equipment, materials, tools, apparatus, and labor, in accordance with the plans and specifications on file at the City Engineering Office, Ashland, Oregon, under the following conditions: I. It is understood that all the work will be performed under a lump sum or unit price basis and that for 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 furnished for the said lump sum or unit price named. It is understood that the quantities stated in connection with the price schedule for the contract are approximate only and payment shall be made at the unit prices named for the actual quantities incorporated in the completed work. If there shall 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 an 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 the undersigned attempt to hold the Owner, the Engineer, or any other person, firm or corporation responsible for any errors or omissions that may appear in any estimate. 2. The undersigned will furnish the bonds required by the specifications and comply with all the laws of the Federal Government, State of Oregon, and the City of Ashland which are peltinent to construction contracts of this nature even though such laws or municipal ordinances may not have been quoted or referred to in these specifications. 3. All items for the contract for which forms are provided in the bid documents have been completed in full by the showing of a lump sum price or prices for each and every .item and by the showing of other information indicated by the proposal form. The undersigned submits the unit prices set fOl1h as those at which the bidder will perform the Page 15 work involved. The extensions in the column headed "Total" are made up for the sole purpose of facilitating comparison of bids and if there are any discrepancies between the unit prices and the totals shown, the unit prices shall govern. 4. The undersigned agrees that the "Time of Completion" shall be as defined in the specifications and that the bidder will complete the 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 thereafter, the amounts shown in Subsection 00180.50 of the Special Provisions, for each day the project remains incomplete. 5. The undersigned, as bidder, acknowledges that addenda(s) numbered~ through.3 have been received by the bidder and have been examined as part of the contract documents. 6. If the proposed bid price will exceed $50,000.00 the undersigned, as bidder, acknowledges that provisions ofORS 279C.800 - 279C.870 relating to workers on public works to be paid not Jess than prevailing rate of wage shall be included in the contract, or in the altemative, if the project is to be funded with federal funds and is subject to the Davis- Bacon Act (40 U.S.c. *276a) bidder agrees to comply with the Davis-Bacon Act requirements. 7. 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 first-tier subcontractor is greater than or equal to: (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, you must disclose the following information about that subcontract within two working hours of bid closing: 7.1 The subcontractor's name and address; 7.2 The subcontractor's Construction Contractor Board registration number, if one is required, and; 7.3 The 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. THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING. Page 16 To determine disclosure requirements, the City recommends that you disclose subcontract information for any subcontractor as follows: I) Determine the lowest possible contract price. That price will be the base bid amount less all alternate deductive bid amounts (exclusive of any options that can only be exercised after contract award). 2) Provide the required disclosure information for any first-tier subcontractor whose potential contract services (i.e., subcontractor's base bid amount plus all alternate additive bid amounts, exclusive of any options that can only be exercised after contract award) are greater than or equal to: (i) 5% of the lowest contract price, but at least $15,000, or (ii) $350,000 regardless of the percentage. Total all possible work for each subcontractor in making this determination (e.g., if a subcontractor will provide $15,000 wOlth of services on the base bid and $40,000 on an additive alternate, then the potential amount of subcontractor's services is $55,000. Assuming that $55,000 exceeds 5% of the lowest contract price, provide the disclosure for both the $15,000 services and the ($40,000 services). The disclosure should be submitted on the following form: 17 . ~ , .~ " ~ ~ ->, ~' ." \< ~ y~ '~'. ~ , ~.~ 18 ~" >. :; ~., ~. .~ ~; ~ " 19 /p.';S'" ,,- ,.- ",,' . ~ ~ ,,->. , " " . \ ~~ ' ~ 20 . .' . . . .~/.':'.t ;" ~. v'~ . ,", '. ,;:~" . ~.' J;,' ,: '. J " ~.' page 21 BID BOND Travelers Casualty and '\'11 1.. d . d Triad Mechanical, In~.. Company of America V'i e, tile UIl er!,i1gne , as Prmclpal, and as Surety. are held and firmly bound to City of Ashland, Oregon as OWNER, in the penal sum of Five Percent (5%) of Total Bid for the payment of which jointly and ~cverally bind ollrse/ves. our successors, and as~igns. JNovember Signed this 1st day of.. 20 07 The condition oftlle above obligation is such that whereas the I)rincipal has subl'nitLcd to the City of Ashland, Oregon. a certain BIO, attached nnd made a part of this BOND, to enter into a contract in writing, for the proposal of Waler Trtatment Plant Process Improvements NOW. THERBfORE, (a) If this BID shall be rejected, or; (b) Ifthi~ BID shalf be accepted and the Principl:lI shaH execute and deliver a contruct in the Form of Contract attaohed (properly completed in accordance with the BID) and furnish a BOND tor the faith1iJI perfol1nance of tile contract, and for tilt payment of all persons per10rming labor or furnishing materials in connection with rhe contract. nnd shall in nil respects perform the agreement created by the acceptance of the BID, then this obligation sball be void, otherwise the same shaH remain in force and effect; it being expressly understood and agreed that the liability of the Surety tor any ancJ all claims under this BOND shall, in no event, exceed the penal amount of this obligation as stated. The Surety, for value received, stipulates and agrees that (he obligations of the Surety und its BOND shall be in no way impaired or affected by any exten~ion of the time within which the OWNER may accept l'Llch BID; and the Surety waives notice of any such extension. Triad MeCha.ni~nc. By:~~ .~ ~ (LB.) Nicholas D. Scovill, President Principal Travelers Casualty and Surety Company of America Surety By: rmJiu 6NMM ~ Gloria runing, Attorney-in-fact IMPORTANT - Surety companies executing BONDS ml\~t appear on the Trea$ury Department's most currc:nt list (Circular 570 as amended) and be authorized to transact busilless in the State of Oregon. Surety POWER OF ATTOHNEY WARNING. THiS POWER OF ATTORNEY IS INVALID WITHOUT THE RED SOFlDER ~ TRAVELERSJ Farmington Casualty COlllpanJ Fidelity and Guaranty IllSUl'alll'e COlllpany Fidelily and Guaranty Insurance L1ndc'I'\\Titers, Inc, Seaboard "urety Company St. Paul Fin' and Mariue Insnrance Compllny Attomey-In Fact No, 214459 St. Panl Guardian fnsnral1l'e Company St. Paul Mermry InsuHlI1cc' Company Tnl\e1ers Casualty' aud Study COlllpany Travelers Casualty and Suret,. COIllpanJ' of Aml'rka United States Fidelily and Guaranty' Company Certificate No. 00 19515 0 1 [(NOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized nnder the laws of the State of New YQrk, that St. Paul Fire and Marine In.wrancc Company, St. Paul Guardian Insurance Company and St. Paul IV1crcury Insllrance Company arc C(H'Por;ttions dnly organiz.ed undel the laws of the Statc of Minnesota, that Farmington Casualty COmpml), Tnwders Casualty and Surety Company, and Travekrs Casually and Surety Cornpany of America arc corpofHtions duly organil.cd under the laws of the State of Connecticut, that United Slales Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of ivtaryland, that Fidelity and Guaranty Insuranc'e Company is a corporation duly organized under the laws of tbe State of low", and that Fidelity and GuanH1ty Jnsurancc Underwriters, loe:. is a corporation duly organiz.ed under the law$ of the State of WisCQ!ls.in therein collectively called the "Companies"}, and that the COlnpan.ies do hereby make, constitute and appoint Gene M. Dietzman, Gloria Bruning. James p, Dooney, John D, Klump. Philip 0, Forker, Ray M. Paiement, Vicki Mather, J. Patrick Dooney II, Richard W, Kowalski, Tamara A. Ringeisen, and Brent Olson of the City of ___.pgrt1and _, State oc__, Oregon , their true and lawful Attorney(s}-inFact, each in their separate capacity if more tban one is named above, to sign, e"eCUll', seal and acknowledge ,my and all bQnds, recognizances, conditionalundcrtakings and other writings obligatory in the nature thereof ou behalf of the Companies in their l;>usiness of guaranteeing the fidelity of persons, guaranteeing the performance of cotllracts and executing. or guarantceing bonds and undel1akings required or peUl1ittedin any actions 01:, proceedings allowed by law, 11th IN WITNKqS WHER. EOI', the COlllpalll\:.vlave caused this instnln~1lI1O be signed. and t..h. e. if corporate seals to be hereto affixed. thi, __.,..___, ~~* ~ '., day of __________ ,___.............,. Farmington Casualty Compa,tY Fidelity and Guaranty Illsttranc'e Compaqy Fidelity and Guaranty Ins\lrlllkc Underwriters, Inc. Seaboard Surety Company SI, .Paul Fire and Marine Insurance CompanJ State of Connecticut City of Hanford ss. St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Suretj' Company Travelers Casualty and Surety' Company of America United States Fidelity and Guaranty Company By: On this the .~~___.......,... day September , ~?!, before me per,onally appeared George W. Thompson, who acknowledgcd himself to be the Senior Vice President of Farmington Casualty Company, Fidelily and Guaranty Insurance CO{11pnny, Fidelity and Guaranty Insurance Ullderwriters, Inc.. Seaboard Surety Company, SL Palll Fire and i\'larinc Ilb\ll'ancc Company, St. Paul Guardian Insurance Company, SL Panl Mercury Insurance Company, Ttavders Cawalty and Surety Company, Travelers Casualty ,HId Surety Company of America, and Unilct! Slales Fidelity and Guaranty Company, and that he, as snch. being ;mthorized so tli> do. executed the foregoing instrHment for the pmpose, therein contained by signing on bebalf of the corporations hY himself as a tlul} authorized officer. In Willll'SS Whereof, I hereunw set my hand and ofticial ,,,al. :\1) CUl1ltlll,sion expires the 30tb day ,,1' JUlle, 2011. 58440-5-07 Printed in U SA ~-:.~!_-j,~ \(~rit: c. rl..~trCtluJl. N{}far~, Pul'fit. WARNING: THIS Po\NER OF ATTORNEY IS INVALID WITHOUT THE RED BOHDER WARNING. THIS POWER OF ATTORNEY IS INVl\LlD WITHOUT THE RED BORDER TI1I< Power or Att"rne) i.; !Iranted Undl'f iH1d b) the ~nl\h()flly "r !Ill' rotl..,\\ing resnlutiom; adopted hy tlw Board.' of Directors uf Fanningt<.\n Casualty Company, Fidelity and Guarani)' [Il,uram.e Comp,my, j:idclity and Guaramy Insurance Cneil'rwliters, Inc., Seaboard Surety Company. 51. Paul Fire and Marinc llburance Company. Sl. Paul Cilnrdiall Insurance (''''np<lI1). Sf. Paul Mercury Insurance Company. Travelers Casualty tlnd Surely Company, Travelers Caslla1ty and Surety Company or America. and Uniled SuttS Fidclity and Gnaranty COtnpany. whidl tesolntlom are now lt1 ;\111 force Hnd efkct, reading as follows: RESOLVED. that the Chairmau, thc Pre,idem. <illY Vie,; Chairman, any Executive Vice Presidem, any Senior Vice Preskknt, uny Vice Presidellt, any Second Vice President, the Tre~surer, .my Assistant Treasuwr, the Corpurate Senetary or any ;\,si,tant Secretary may appoint Attorneys. in-Fact and Agents to act !i)r (H1d Oil behalf of the Company and may give such ;;ppoint,;e sueh anthority as hh or her cenii1cate of authority may prescribe to,;jgn with the Company's tWlIle and seal with the Company's senl hnmls. recognizanees. e('lltra,'ts of indemnity. nnd othcr writings obligatory in the: natun: of a hond, reC(}gllilallC(~. or conditional undertaking, and any oj said oflkers or the Board of Diredors at any time may remove allY such appointee and revoke the power given him or her; and it is FURTHER RF$OLVED, that the Chairman, the Prc'sidem, any Vice Chairman. any Exceutiw Vice President, any Senior Vice Presicknt or any Vice President may delegme all or any part of the foregoing allthor!ty to one or more officers or employees of this Company. pwvided that each SHch delegation is in writing and a copy thereof is filed ill the oHke of the Seere'tar)'; and it is FURTHER RESOLVED, that any bond. recognizance, contract of indemnity. or writing obligatory in the nature of a bond. recognizance, or conditional undel1llking shall be valid <lnd binding u[KJIlthe Company when (al signed by lbe President, :my Vice Ch:1irmun, any Executive Vice President, any Senior Vice President or any Vice President, any Secnnd Vice President, the Treasurer. any Assistant Tr(~asurer, the Corporate Secretary or an)' Assistant Secretary and duly attested (md scaled with the Company's seal by a Se,;retary or Assistant Secretnry; or (b) duly executed (umler selll, if required) by one or more Attorneys-in-Fnct and Agents pursuant to the power pre5cribed in hb or her certificate or their certificate, of authority or by one or morc Compllny officers pursuant 10 a written delegation of authority; and it is FURTHER RESOLVED. that tbe ,ignuture of each of the following officers: President. any Executive Vice President, any Senior Vice President. any Vice President, any Assistant Vice President, any Secretary, allY Assistant Secretary, and the seal or Ihe Company may be afjixed hy faes.imile to any power of attorney or to ,my ,'et1ificate rdating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys.in-Faet for purposes only of executing and attesting bonds and undertakings and other writings ohligatoryin the nature thereof, and any such power of attorney or certificate beating such facsimile signature or facsimile seal shall be valid and hinding upon the Company and any ,uch power so executed and certified hy such facsimile signature and facsimile scal shall be valid and binding on the Company in the future with rcspeClIO any bond or understanding to which it is nttached. 1. Kori M. Johanson, the undersigned, Assiswur Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marinc Iusuranc~ CympallY, St. Paul Guardian Insuranee Company, 51. Paul Mercury Insurance Company, Tmvelers Casualty and Surely Company, Travelers Casualty and. ~<li;:2tnpany ~N\m' and United States Fidelity and Guaranty Company do hereby eenify that the above and foregoing h a true (md con'ect eopy of the Power,of torney%~x.edut~d b .ompanies. which is in full force and effect and has not heen l'ev(lkcd.C~' IN TESTIMONY WHEREOF, I havc hereunto set my hand :md ;jfl~Xed tl;~ seais of slljd{g~pal;ies this _~_~..~ day of November __ t' _:,: ''''_ _'" 2007 , -' Kori M. Johans o ~ To verify the authenticity of th4s Power of Attorney, call l-800-421-3S80 or contact us ,It Www,travelersbond.colll. Please refer to the Attorney-In-Fact number, the above-namcd individu,l]s and the details of the bond to which the power is attached. 'NARNING THIS pi WEFi OF ATTORNEY IS INVALID WITHOUT THE RED CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Approval of a Public Contract greater than $75,000 Sewer Vacuum Cleanin Combo Truck November 20,2007 Primary Staff Contact: Paula Brown Public Works E-Mail: brownp@ashlnd.or.us Fleet Division Secondary Contact: Mike Morrison Jr. Martha Benn~ Estimated Time: Consent Agenda Question: Will City Council, as the Local Contract Review Board, consent to enter into a public contract with Owen Equipment for the purchase of a Sewer Vacuum Cleaning Combo Truck at a cost of $275,308.00? Staff Recommendation: Staff recommends that the contract for the Sewer Vacuum Cleaning Combo Truck be awarded to Owen Equipment in accordance with the terms and conditions set forth in the State of Washington, Contract No. 07005. Background: The Sewer Jet/Vacuum Cleaning Combo Truck, Vehicle #397 is scheduled to be replaced during the current fiscal year. The amount budgeted for the replacement vehicle is $270,000.00. The State of Washington has as existing contract for a "Catch Basin Cleaner" that is valid through January 10,2008. The contract is available to "Political Subdivisions of Oregon". As a member of the Oregon Cooperative Purchasing Program (ORCPP), the City of Ashland is authorized to purchase from this State of Washington contract. Authority to piggyback on this contract, including an exemption from competitive bidding, is also granted under AMC 2.50.070(1)(1). The contract was awarded to three (3) contractors. The Fleet Division was able to demo each of the three units and found definite quality differences between the lowest priced unit and the second lowest priced unit. An example of a major quality difference was the plastic tanks vs. aluminum tanks. The performance and quality of the unit being requested is also significantly better then the current model that is scheduled to be replaced. Related City Policies: AMC 2.50.015 Authority Unless otherwise expressly authorized by these Rules or by ordinance or order ofthe Council, all contracts must be approved by the Council before they can be executed. The Council gives its approval through its Consent Agenda which authorizes the Public Contracting Officer, his or her designee or the contracting Department to execute the contract. The Council may also execute contracts itself. AMC 2.50.020 Public Contracting Officer's Authority Page J of2 2007 CC Sewer Vacuum Cleaning Combo Truck 20 Nov 2007 ~~, CITY OF ASHLAND A. Authority to Execute Contracts Without Prior Council Approval. The Public Contracting Officer may execute without prior Council approval contracts that satisfy all of the following: i. The contract has a total value of seventy-five thousand dollars ($75,000) or less; AMC 2.50.070 Procedure for Competitive Bids All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the Attorney General Model Rules, OAR Chapter 137 Divisions 46 - 49, except for the following: J. A contract or class of contracts, and amendments to contracts specified below, provided the Public Contracting Officer, his or her designee or the contracting Department identifies the basis for the exemption. In circumstances where the basis for the exemption is not readily apparent, the Public Contracting Officer, his or her designee or the contracting Department shall consult with Legal Counsel. Where appropriate, alternative contracting and purchasing practices that take account of market realities and modem or innovative contracting and purchasing methods, which are consistent with the public policy of encouraging competition, shall be used. (1) Contracts for the purchase of materials where competitive bids for the same materials have been obtained by other public agencies or the federal government whose processes for bid and award are substantially equivalent to those set forth herein, and the contract is to be awarded to the party to whom the original contract was awarded so long as the price of the materials is the same or lower than that in the original contract. Council Options: The Council, acting as the Local Contract Review Board, can approve the contract recommendation or decline to approve the contract recommendation. Potential Motions: The Council, acting as the Local Contract Review Board, moves to award the public contract for the Sewer Vacuum Cleaning Truck to Owen Equipment in accordance with the terms and conditions set forth in the State of Washington, Contract No. 07005. Attachments: WSDOT Truck Catch Basin Cleaner Contract 07005 State of Washington, Contract No. 07005, Catch Basin Cleaner Page 2 of2 2007 CC Sewer Vacuum Cleaning Combo Truck 20 Nov 2007 ~~, WSDOT TRUCK CATCH BASIN CLEANER CONTRACT 07005 Vactor 2110 J6 / International Chassis Model 76OQ-6x4 10 Yard Debris Body 1,000 Gallons Water Capacity Two Stage 1.6 John Deere Auxiliary Engine with Fluid Coupler Vactor Water Pump (8Ogpm @ 2,OOOpsi) Hydraulic Hose Reel with 300' of 11/4" Sewer Hose Handgun System 20 Cubic Feet of Toolboxes 6" Butterfly Valve/Rear Door Options to Deduct (Included In Price) loolA Flat Rear Door w Hydraulic Locks and Open/Close $ (4,240.00) 1003 Debris Body Flush Out $ (928.00) 1 1007 6" Butterfly Valve/Rear Door $ (732.00) $ (732.00 1014 Centrifugal Separator $ (2,636.00) 1015 Folding Pipe Rack - Curbside $ (644.00) 1015A Folding Pipe Rack - Street Side $ (644.00) 1022 Splash Shield Rear Door $ (488.00) 2002 Low Water Warning Light $ (204.00) 3OO3C Two Stage 1.6 John Deere Auxiliary Engine with Fluid Coupler (Use this deduction if a single fan is requested. Do not deduct if ordering a PD. See adjustment for PD unit in Other . . , ...,.+in.. ....In...' $ (10,056.00) 4004 8 ft Hydraulic Telescopic Boom with 180 degree rotation (Use this only if the customer wants a fixed boom only. Do not deduct if ordering the 5x5 Boom. See adjustment for 5x5 Boom in Other . . . . ....In...' $ (8,736.00) 4006 Joystick Boom Control $ (508.00) 5011 3" Y Strainer at Water Pump $ (508.00) 5015 Front Street Side & Curbside Couplers & Ball Valves $ (520.00) 1 6000 300 x 11/4" Sewer Hose / 2500psi $ (1,300.00) $ (1,300.00 1 6004D Rear Pinch Roller Only $ (1,300.00) $ (1,300.00 1 6008 Hose Reel Manual Rewind $ (320.00) $ (320.00 6011 Handgun Hose Reel - Spring Retractable with 50' Hose $ (796.00) 6014 Telescoping Rotating Hose Reel Capacity 6ooxl" Sewer Hose (Use this only if the customer requests the standard Hydraulic non telecoping 600' hose reel. Do not deduct if ordering the 800' Telescoping Rotating Hose Reel. See the Vactor Options To Add $ (7,352.00) c..~..;^.. ....In... , 6017 Hydraulic Shut Off Valves at Suction, Return, Filter Line (3) $ (488.00) 7001 Tachometer for Chassis at Front Workstation $ (428.00) 8002 Handlight With Bumper Plug $ (228.00) Vactor 2110J'6 1 OF 4 WSDOT TRUCK CATCH BASIN CLEANER CONTRACT 07005 8008 Brackets and Wiring for Revolving Light or Strobe (Rear) $ (264.00) 8oo8A Brackets and Wiring for Revolving Light or Strobe (Front) $ (264.00) 8012 Additional Connector for Hand Light - rear $ (80.00) 9012A 24x18x18 Aluminum Tool Box $ (520.00) 9014A 36x18x18 Aluminum Tool Box $ (604.00) P111 Module - Centari (Primer Base) Paint $ (968.00) 1 S040 #10 Storm Nozzle $ (172.00) $ (172.00 1 25268F 8N x 42N CB Tube $ (157.00) $ (157.00 1 34766 6" x 7' CB Tube $ (287.00) $ (287.00 1 S370 8" x 3' Aluminum Pipe Assembly $ (88.00) $ (88.00 1 5420 6" Quick Clamp Assembly $ (28.00) $ (28.00 1 5440 8N X 6" Flanged Adapter $ (108.00) $ (108.00 1 5470 Additional6N Lay Flat Hose (Per Foot) $ (105.00) $ (105.00 1 S540A Catch Basin Handle Assembly 6N $ (108.00) $ (108.00 1 S540 Catch Basin Handle Assembly 8" $ (108.00) $ (108.00 1 34766B 6" x 3' CB Tube $ (98.00) $ (98.00 1 S350A 6N x 3' Fluidizer Tube $ (98.00) $ (98.00 69592 Laminated Lube Chart $ (25.00) 1 NPN Water Pump Overspeed Warning Light $ (320.00) $ (320.00 66855A Back Flush Quick Disconnect $ (240.00) 1 NPN 6N ID Stand in Debris Pipe $ (400.00) $ (400.00 1 NPN 6" Air Gap $ (150.00) $ (150.00 1 International Cab <<I Chassis $ (96,913.00) $ (96,913.00 TOTAL DEDUCTIONS $ (102,792.00 .. .. . . '111 I l009A External Mount Trash Pump with Float Pickup Arm Rated @ 1 450aDm $ 9,388.00 $ 9,388.00 1000 High Dump Option $ 12,n2.oo 1004 Debris Body Lood Limit Audible Alarm $ 1,653.00 NPN 12 Cubic Yard Debris Body $ 4,367.00 NPN 15 Cubic Yard Debris Body $ 10,042.00 NPN Lood Man Digital Scale System $ 7,725.00 1 1031 Debris Body Hinged Deflector Plate Assembly $ 257.00 $ 257.00 1 5008 Cold Weather Air Purge System $ 1,730.00 $ 1,730.00 5023 Fan Flush Out System (Centrifugal Compressor Units Only) $ 397.00 6013 Hydraulic Tool Package $ 1.174.00 1 6014B Extra Capacity Hose Reel (800') $ 3,476.00 $ 3,476.00 8015 Worklight at Auxiliary Engine (Centrifugal Compressor Units Only) $ 350.00 1013 Debris Body Interconnect - Additional Water Capacity $ 1,926.00 1 6019 Rear Rodder Pump Drain Valves $ 386.00 $ 386.00 1 NPN 36x18x18 Toolbox $ n8.oo $ n8.oo 1 9015A 45x16x12 Toolbox $ 845.00 $ 845.00 9016A Full Width Behind the Cab Toolbox (Must add 18: Additional Chassis CA) $ 1,988.00 8020A Whelen - 6 Head Strobe Light System $ 4,383.00 4011 Cordless Remote Pendant Control for Boom Operations $ 3,718.00 I 1 2012 Chassis Side Skirts $ 494.00 $ 494.00 I Vactor 211OJ6 2 OF 4 WSDOT TRUCK CATCH BASIN CLEANER CONTRACT 07005 1 6004A Automatic Hose Level Wind Guide $ 3,826.00 $ 3,826.00 6012 Lateral Line Cleaning Hose Assembly $ 2,493.00 1 1024 PD Vacuum Relief System $ 2,091.00 $ 2,091.00 1 1023 Vactor Lube Manifolds $ 1,818.00 $ 1,818.00 2016 1300 Gallons Fresh Water Supply $ 2,266.00 2010 3M Drain Valve Located @ Radder Pump $ 340.00 3008 Air Shift EngagetMnts for Positive Displacement Blower Units $ 1,483.00 1 3015 Hot Shift Engagement for Positive Displacement Blower Units $ 4,357.00 $ 4,357.00 1 5012 Multi-Flow Rodder Pump System $ 4,501.00 $ 4,501.00 5021 Hydro Excavator System With High Pressure Relief System 1 ICReauires Part # 5012 Multiflow and #5010 Accumulator) $ 4,625.00 $ 4,625.00 1 5010 Accumulator System for Water System $ 2,215.00 $ 2,215.00 6002 600' x 1" Sewer Hose $ 780.00 1 6003 800' x 1" Sewer Hose $ 1,535.00 $ 1,535.00 TOTAL ADDITIONS $ 42,322.00 OTHER ADDITIONS I DEDUCTION PRICING 1 To convert to 5 Yard Debris Body $ (1,804.00) $ (1,804.00 For 18" PD Blower in lieu of Two Stage Fan System $ (2,212.00) 1 For 16M PD Blower in lieu of Two Stage Fan System $ (4,140.00) $ (4.140.00 Rear Mounted Chute $ 3,035.00 Wireless Controls for Boom & Rodder System $ 3,718.00 1 Additional 500 Gallons Water Capacity (Total of 1,500) $ 3,260.00 $ 3,260.00 Delete Entire High Pressure Rodding/Water System $ (15,000.00) Hose Reel Shield $ 920.00 Boom to Reach 24' From Centerline of Truck (5x5 Boom) $ 8,266.00 The Following ltans Will Need to Be Priced at Time of Order Hendrickson Pusher Axle w 13,500 Rating (Price on Order) $ - Watson-Chalin Pusher Axle w 13,500 Rating (price on Order) $ - Hendrickson Tag Axle w 13,500 Rating $ - Watson-Chalin Tag Axle w 13,500 Rating $ - Power Windows and Door Locks for Chassis $ - Integral Front Frc:wne Extension (If Required for Hose Reel MountinQ) $ - Autocar WX64 - Cab Over Low Cab Entry Chassis $ - Volvo VHD65F- Cab Over Low Cab Entry Chassis $ - ISM 370 Cummins Engine $ - Fuller 18 Speed McnJaI Transmission with Easy Brake Plus Clutch and Two Piece Clutch Brake $ - Fuller Auto Shift Transmission 18 Speed $ - Fuller Auto Shift Transmission 10 Speed $ - 300' of 1M Sewer Hose in lieu of 11/4M hose $ - CB Radio Package $ - Whisker Switch - Over Weight Debris Warning System with Light & Audible Alarm Vactor 2110.16 3OF4 WSDOT TRUCK CATCH BASIN a.EANER CONTRACT 0700!5 Load Man On Board Scale System - Over Weight Debris Warning SYStem with Ught &. Audible Alarm $ - Vac on the 60 $ - 1 6oo5D Accu-COUnt Measuring System $ 2,580.00 $ 2,580.00 1 8011 Worklight on Extendable Boom $ 630.00 $ 630.00 1 NPN 4 Camero Safety System $ 2,475.00 $ 2,475.00 1 NPN Air Ride Seat for Passenger side $ 945.00 $ 945.00 1 8026 DOT 3 six light system FS $ 2,580.00 $ 2,580.00 1 1008 Knife Valve w/Camloc $ 1,085.00 $ 1,085.00 1 2021 Additional Water Fill System $ 585.00 $ 585.00 Local Camel Style locking Extension Tubes $ 2,000.00 $ 2,000.00 VSIT350A New Chassis Pricing $ 80,528.00 $ 80,528.00 TOTAL OTHER ADDITIONS/DEDUCTIONS $ 90,724.00 Total Revised Price $ 275,308.00 Original IH Chassis bid is no longer available. Delivery time frame per contract is 180 - 240 days after receipt of order If non stock chassis is ordered delivery is 6 months after receipt of chassis at Vactor Mfg. Customer Approval Date Sales Representative Approval Date Vactor 211OJ6 4 OF 4 State of Washington Current Contract Information Change Notice No.3 Effiective: August 10, 2007 Contract number: 07005 Commodity code: 2420 Contract title: Purpose: CA TCH BASIN CLEANER ADMINISTRATIVE ERROR CORRECTION-OWEN EQUIPMENT PRICE ADJUSTMENT -ENVIRON CLEAN OPTION CLARIFICATION January 10, 2006 through: January 10, 2008 Department of Transportation and General use: All State Agencies, Political Subdivisions of Washington and Oregon State, Qualified Non- profit Corporations, Materials Management Center, Participating Institutions of Higher Education (College and Universities, Community and Technical Colleges). Term: For use by: Contract type: Scope of contract Contractor : Address: This contract is designated as convenience use. This contract is awarded to multiple contractors. See Attachment A See Attachment A Contact: See Attachment A Phone: See Attachment A FAX: See Attachment A Fed. I.D. No.: See Attachment A Supplier No.: See Attachment A Products available: Ordering information: Ordering procedures: Catch Bsin Cleaners with options. See Page 2 See Attachment A This page contains key contract features. Find detailed information on succeeding pages. For more information on this contract, or if you have any questions, please contact your local agency Purchasing Office, or you may contact our office at the numbers listed below. Contact Administrator: Phone Number: Fax Number: Email: Kenneth A. Woodfork, CPPB (360) 902-7422 (360) 586-2426 kwoodfo@ga.wa.gov Contracts Assistant: Phone Number: Fax Number: Email: Christine Schoepfer (360) 902-7193 360) 586-2426 CSchoep@ga.wa.gov Visit our Internet site: httv://www.f!a.wa.f!ov/vroc.htm Current Contract Information Contract Change No.3 CONTRACT 07005 Page 2 Payment address: Order placement address: Minimum orders: Delivery time: Payment terms: Contract pricing: Contract pricing by Contractor: Specifications Term worth: Current participation: NOTES: See Attachment A See Attachment A See Attachment A See Attachment A See Attachment A Attachment B This is the summary page for Item pricing. Detailed pricing listed under awarded contractor attachments. Attachment "Bl" Terex Utilities Attachment "B 1" Owen Equipment Attachment "B 1" Enviro-Clean Attachment "c" Terex Utilities Attachment "c" Owen Eouipment Attachment "c" Enviro-Clean $2,000,000.001 2 YEARS $0.00 MBE $0.00 WBE $2,000,000.00 OTHER $0.00 EXEMPT MBE 0% WBE 0% OTHER 100% EXEMPT 0% I. State Agencies: Submit Order directly to Contractor for processing. Political Subdivisions: Submit orders directly to Contractor referencing State of Washington contract number. If you are unsure of your status in the State Purchasing Cooperative call (360) 902-7415. II. Only authorized purchasers included in the State of Washington Purchasing Cooperative (WSPC) and State of Oregon Cooperative Purchasing Program (DASCPP/ORCPP) listings published and updated periodically by OSP and DAS may purchase from this contract. It is the contractor's responsibility to verify membership of these organizations prior to processing orders received under this contract. A list of Washington members is available on the Internet http://www.ga.wa.gov/servletIPCACoopListSv. and a list of the Oregon members is available at http://tpps.das.state.or.us/purchasinglcooperative/coop-menU.html contractors shall not process state contract orders from unauthorized users. m. Recognizing that a single brand or manufacture would not satisfy the needs of the state, this contract was competitively awarded for a variety of products in this category. Every brand or model appearing on this contract was only awarded by manufacture to a single vendor, following the competitive process. Prior to using this contract for a purchase, the end user should evaluate the products, pricing, and services on the contract and make a decision on the ones (s) that best fits their requirements. In each case a note to theirs files should be included communicating how their final choice selection was determined. Current Contract Information Contract Change No.3 CONTRACT 07005 Page 3 SPECIAL CONDITIONS: 1. Current Contract Information (CCI) This Change Notice No.3 corrects prcing for Owen Equipment issued in Change Noticed 2 because of an administrative error while processing their request for price adjustment. Corrected prices are provided under Attachemt "Bl" below. Additionally this CCI adjusts pircing for the Enviro-Clean Company as a result of recent request for price adjustment. Price adjustments are found in the following Attachments. Clarification concerning contractor additional supplied options is provided in pareagraph 2 below. All other terms conditions and pricing remain unchanged. · Attachment "A" lists contract suppliers and selected Information: See Attachment A · Attachment "B" provides a summary of front loader item pricing by manufactures: Attachment B · Attachment"B 1" provides detailed item pricing and options available: Attachment "B 1" Terex Utilities Attachment "B 1" Owen Equipment Attachment "B 1" Enviro-Clean · Attachment "C" provides bid specification compliance. Attachment "C" Terex Utilities Attachment "C" Owen Equipment Attachment "C" Enviro-Clean 2. Contractor Additional Options Each contractor has provided an additional list of options that may be purchased from when using this contract. However options such as customer supplied chassis or additional chassis or any other option that is not applicalble to the equipment in the bid specifications are not authorized for purchase under this contract. Questions for clarification concerning options available under this contract should be directed to the Contract Administrator. 3. Certificate of Insurance Contractor to furnish to the State Procurement Officer, a copy Of a valid Certificate of Insurance listing the State as beneficiary (See Original Bid Document, Section n, Paragraph 1) within Fifteen (15) days after Contractor receipt of award notice. 4. Warranty Bidder will submit a copy of warranty with items delivered under this contract. Unless otherwise specified, full parts and labor warranty period shall be for a minimum period of one (1) year after . receipt of materials or equipment by the Purchaser. All materials or equipment provided shall be new, unused, of the latest model or design and of recent manufacture In the event of conflict between contract terms and conditions and warranty submitted, to afford the state maximum benefits, the contract terms and conditions shall prevail. Current Contract Information Contract Change No.3 CONTRACT 07005 Page 4 5. Sales and Subcontractor Report A quarterly Sales and Subcontractor Report (attached) shall be submitted in the format provided by the Office of State Procurement. You can get the report electronically at: http://www.ga.wa.govIPCNSlJExtemalForms/contractinglusage.doc. Total purchases for each State Agency, University, Community and Technical Colleges must be shown separately. Total purchases for all political subdivisions and non-profit organizations may be summarized as one customer. Additionally, all purchases by the State of Oregon or other purchasers must be reported as an aggregate total. The report shall include sales information (Section A) and amounts paid to each subcontractor during the reporting period (Section B) Reports should be rounded to nearest dollar. Contractors will be provided with all necessary sample forms, instructions, and lists. Reports are due thirty (30) days after the end of the calendar quarter, i.e., April 30th, July 31st, October 31st and January 31st. Current Contract Information Contract Change No.2 CONTRACT 07005 Attachment "A" Page 5 ATTACHMENT "A" CONTRACT SUPPLIERS SUPPLIER: TEREX UTILITIES OWEN EQUIPMENT ENVIRO-CLEAN ADDRESS: 9426 8th Ave South P.O. BOX 30959 P.O. BOX 1619 CITY/STATE: Seattle, W A Portland, OR Estacada, OR ZIP CODE: 98108 97294 97023 TELEPHONE: (206) 384-4118 (800) 992-3656 (503) 491-3393 FAX #: (206) 762-4973 (503) 255-9055 (503) 491-2283 CONTRACTOR Wayne Miller Matthew Wlodarczyk Jim Lowe CONTACT: PA YMENT Net 30 Days Net 30 Days Net 30 Days TERMS: LEAD TIME- See Attachment "B" See Attachment "B" See Attachment "B" ARO: F.O.B.: WSDOT Destinations WSDOT Destinations WSDOT Destinations All Others FOB Dealer All Others FOB Dealer All Others FOB Dealer FREIGHT: Prepaid and included Prepaid and included Prepaid and included MINIMUM None None None ORDER: FED. I.D. NO: 93-0557703 93-0666853 93-1298960 ORDER 9426 8th Ave South P.O. BOX 30959 P.O. BOX 1619 ADDRESS: Seattle, W A 98108 Portland, OR 97294 Estacada, OR 97023 PAYMENT/ 9426 8th Ave South P.O. BOX 30959 P.O. BOX 1619 ADDRESS: Seattle, W A 98108 Portland, OR 97294 Estacada, OR 97023 OREGON No Additional Cost No Additional Cost No Additional Cost DELIVERY 00. E-4 ~ ~ == 00. ~ U ~ ~ ~ 00. !:: o .~ 8crl .8 0 ~Z~ .... "' 0 u "" l- ~ CIS bOO ~ .l:la~F !::..cu.... o u...... !:: u...........(I) .... U ~ 8 !::ClSf-;..c\O !U.l:lZu sgo~~ UUU<p.. ~ ~ i u -< E-4 E-4 -< en ~ ~ (l)OC .~ a: g G)<(~ o 6 co ~ (1)0 UO 'i: r-..: a.g :t::oo c;:C\I ~~ o ...(1) C .;: ~ 0 0 o 0 ~ U 0 0 o (I) ~ .- U Ou <( ... C ~ 0 Ot= U CO .!!! a. o .r: u Q) - ca :J C" -<( ~~ 0' :E~ >< CO , o o CO I"- u (I) ca ...~ ~ .- ...J: U~ CO ca 'I- c: ~ .Q c1ti CO c: ::E CD - c: ~ C en CO .~ c.:;: E+:: O=> ox ~ Q) I- en >- ca C o ~ C\I , o 00 ~ o o ~ LO o LO ~ C\I ffl- o ~ o o ~ o <0 J o ~ ~ C\I ~ o - u ca ~ >< <0 , o o <0 I"- en >- ca C o I"- C\I I o ~ C\I ~ Q) 00 o 00 C\I I"- C\I ffl- o o <( J: en o o ~ - ~ ~ ('t) <: ~ >< CO I o o CO I"- ~ o - u ca <: a; c: o +:: ca c: ~ Q) - c: ~ ca c: 6 0 +::0 ca I c: U .... ca ~> c: - c: Q) E .9- :J C" W c: Q) ~ o c: ca Q) o I o ~ .s; c: W Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1" Page 7 ATTACHMENT "B1" TEREX UTILITIES Req. Comm. Description Unit Unit Price Item Code 1. 2420 TRUCK, CATCH BASIN CLEANER, 66,000 lbs. EACH $228,307.00 GVWR. WSDOT SPECIFICATION 0816/0817. Refer to Section 3.3, Specifications. Product Bid Mfg.: International & Hi Vac Brand/Model: Model 7600-6X4 / B-IO Aauatech Lead-time: Materials, equipment or services will be delivered within calendar 160-180 days after receipt of order (ARO). Manufacturer's Parts Discount: 10 % Dated: 1/05 Copy attached with bid Manufacturer's Accessories Discount: 10% Dated: 1/05 Copy attached with bid Parts & Accessories sold at current case published list price F.O.B. Terex Utilities Options: 1. Pusher Axle with a 13.500# rating will be located in front of the drive axles. Hendrickson Model Para lift Ultra Light. The tires shall be 255170R22.5 mounted on 8.25x22.5" aluminum hub piloted wheels. Fender to be included. 2. Tag Axle with a 13.500# rating and will be located behind the drive axles. Hendrickson Model Para lift Ultra Light. The tires shall be 255170R22.5 mounted on 8.25x22.5" aluminum hub piloted wheels. Fender to be included. 3. All optional axles shall be cab controlled for deployment only. All adjustment controls will be located outside. directly behind the cab on the street side. PRICES $6,500.00 $6,500.00 As specified with options 1& 2 4. All optional axles shall raise when the transmission is in reverse As specified with options 1& 2 5. When WSDOT chooses the additional rear mounted tag axle a chute shall be provided to ensure debris does not fall onto the axle or the unit. $1,882.00 7 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1" Page 8 TEREX UTILITIES CONTINUED: 6. Provide an option price for an appropriately sized air compressor to operate the chassis braking system as well as the additional axles. 7. Shall provide prici~g for a "Suck on the go" feature. 8. Power windows and door locks on the chassis. 9. Integral front frame extension. 10. Cab over Low cab entry chassis. 11. ISM 370 Cummins engine. 12. Fuller 18 Speed manual transmission, with an Easy Pedal Plus clutch and a two-piece clutch brake. 13. Fuller Auto Shift Transmission 18 speed 14. Fuller Auto Shift Transmission 10 Speed 16. Wireless controls for Boom and Rodder systems (Radio Controlled) 17. Add 500 gallons of water carrying capability. 18. 300 Feet of I-inch high-pressure hose in lieu of the 1 1,4 inch hose. 19. CB radio package 20. Shall provide a deduct amount for the entire high pressure RoddinglWater System. 21. An AMIFM Radio with Weather Band 22. Shall have a hose reel shield to protect the operator in case of hose failure. 23. Over weight debris-warning system with a light and audible alarm. 24. The ability of the boom to reach 24 feet from the centerline of the chassis. 25. Rear Mounted Hose reel, in lieu of a front mounted reel. 8 18.7 compressors are standard and large enough for bid requirements. "Auxiliary engine $23,252 -OR- Rear Engine PTO $8,824". $227.00 $248.00 $15,232.00 2005 autocar Wx64 385V 370 at 2100 delete $1,341.00 for International chassis only Delete $9,061.00 Delete $4,748.00 Delete $6,114.00 $5,294.00 $2,946.00 Delete $1,000.00 $177.00 Delete $10,500.00 Included with item 10 electrical $2,406.00 $706.00 $5,882.00 No Charge Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1" Page 9 TEREX UTILITIES CONTINUED: ADDITIONAL OPTIONS A V ALABLE ON CONTRACT FROM TEREX UTILITIES: Pusher Axle per specification Tag Axle - per specification As specified with items 1 &2 Included As specified with items 1 &2 Included Debris chute for Tag Axle Option Auxiliary Diesel Engine for vacuum on the go feature Rear Engine PTO for vacuum on the go feature Power windows and door locks Integral front frame extensions Autocar Cab Over Chassis per attached specifications add Volvo Conventional chassis per attached specification Deduct Cummins ISM 370 Engine Deduct Fuller 18 speed transmission with E-Z pedal in lieu of Allison RDS Deduct Fuller 18 speed with Plus Deduct Fuller 10 speed in lieu of Allison RDS Deduct Radio Remote control for boom & vacuum system 500 Additional water capacity 300' of 1" hose in lieu of 1 .25" hose Deduct CB Radio Deduct for Jet Rodding feature, delete Water pump, water tanks, front hose reel Deduct AM-FM Radio with weather band, Hose reel shield Over weight debris body warning light Telescopic boom to provide reach of 24' from centerline Rear mount hose reel in lieu of front mount Prepay for International 7600 to Hi-Vac Deduct Prepay for Volvo VHD chassis to Hi-Vac Deduct Prepay for Autocar (cab over) chassis upon receipt to Hi-Vac Deduct 121708 ELECTRICAL AND GAUGES Water load limit alarm (Indicates when GVWR of axles are exceeded when water only is in debris/water tanks) Low water warning light Low water warning shutdown on auxiliary engine Low water warning horn Water pump hour meter Engine hour meter 6 way boom control joy stick Exhauster hour meter Hydraulic oil pressure gauge Back up alarm, 12 volt electric 12 volt electrical outlet 120063 120094 120096 120051 120041 000349-1 000372 131781 120002 120705 9 $6,500.00 $6,500.00 $N-C $N-C $2,800.00 $23,252.00 $8,824.00 $227.00 $248.00 $15,232.00 ($1,048.00) ($1,341.00) ($9,061.00) ($4,748.00) ($6,114.00) $5,294.00 $2,941.00 ($1,000.00) $177.00 ($10,500.00) $ N-C $2,406.00 $706.00 $5,882.00 $NC ($2,200.00) ($1,750.00) ($2,025.00) $373.00 $321.00 $315.00 $429.00 $280.00 $256.00 $1,609.00 $289.00 $188.00 $196.00 $125.00 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1 " Page 10 TEREX UTILITIES CONTINUED: 120097 120111-2 120141 120058 120124 120134 120135 121704 120111 120121 120378 120401 000402 000403 000404 220180 120011 120373 120395 120101 120109 241853 238008 238007 238006 238005 238010 238012 238083 238213 244262 238080 150157 150171 150461 150471 150481 150491 Emergency shut down (May cause damage to turbocharged chassis diesel (Cigarette) quick disconnect for 20' light Automatic Shutdown to boom PTO hour meter hydraulic Temperature Gauge Temp gauge for blower Trans. temp. warning light Tank up warning light LIGHTS 20' retractable cord & halogen spotlight 50' retractable cord & halogen spotlight Dual retractable halogen worklights on boom Flood light (Specify desired location) Rotating beacon on cab Strobe light on unit Strobe light on chassis cab Limb guard for beacon or strobe Rotating beacon on unit Arrowstik, installed on unit Light board, installed on unit Control panel light Dual strobe lights on boom Limb guard, standard beacon INTAKE TUBES AND EXTENSIONS 8" x 8' aluminum extension tube 8" x 6' aluminum extension tube 8" x 5' aluminum extension tube 8" x 3' aluminum extension tube 8" x 8' aluminum intake tube 8" x 4' aluminum extension tube 8" intake tube handle 8" female to 6" male reducer 6" intake tube handle Jet digger nozzle 6" x 2' aluminum intake tube 6M x 4' aluminum intake tube 6" x 3' aluminum extension tube 6" x 4' aluminum extension tube 6" x 6' aluminum extension tube 6" x 10' aluminum extension tube 10 $914.00 $265.00 $414.00 $321.00 $349.00 $414.00 $293.00 $659.00 $265.00 $304.00 $517.00 $292.00 $491.00 $518.00 $710.00 $94.00 $409.00 $757.00 $839.00 $226.00 $841.00 $120.00 $325.00 $304.00 $273.00 $212.00 $293.00 $209.00 $341.00 $198.00 $247.00 $217.00 $165.00 $228.00 $191.00 $200.00 $211 .00 $372.00 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1" Page 11 TEREX UTILITIES CONTINUED: 240879 240805 240806 176630 176620 171240 171290 171300 191080 171130 171160 190760 152930 170320 238213 220720 238082 238227 176831 220750 176150 176154 220260 220271 220281 220330 222240 237004 243920 243921 220327 130645 136000 136005 136007 136010 136011 136013 136023 136024 8" X 4" X 4" "Y" reducer 6" fluidizer nozzle 8" fluidizer nozzle $302.00 $249.00 $266.00 HOSE, ELBOWS AND FITTINGS 8" x 80" suction hose, without fittings 8" x 19' suction hose, without fittings 8" female hose coupler, weld type 8" male hose coupler, weld type 8" male coupler rinQ 8" coupler O-ring 6" female hose coupler 6" male hose coupler 6" O-ring for coupler and cap 6" coupler steel ring 6" hose coupler cap 8" x 6" reducer Hose bands for 6" and 8" hose (requires tool below) 8" x 70 degree elbow and quick coupler Tube connector tool 8" plastic hose x 20' w/fittings Banding tool MISCELLANEOUS 25' fill hose 50' fill hose Traffic cone holder, behind cab(space permitting) Left tow hook Right tow hook Hydrant wrench Aquatech mud flap Manual (unit) Ladder rack on side of poly tank Pendent control basket on level wind 5 lb. ABC fire extinguisher NOZZLES, ROOT CUTTER, ETC. $366.00 $1,762.00 $40.00 $15.00 $10.00 $16.00 $113.00 $107.00 $9.00 $56.00 $122.00 $198.00 $6.00 $416.00 $41.00 1142 $221.00 $157.00 $261.00 $384.00 $167.00 $167.00 $65.00 $74.00 $125.00 $295.00 $99.00 $197.00 Nozzle rack for (3) 1" nozzles 150 radial, 1" 350 radial, 1" 150 radial, 1" Vortex radial, 1" Vortex radial, 1" 80@2000 Vortex radial, 1" 80@2500 150 radial, 1" 80@2500 35 degree,l" 80@2500 $117.00 $96.00 $96.00 $85.00 $119.00 $70.00 $120.00 $120.00 $120.00 11 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1" Page 12 TEREX UTILITIES CONTINUED: 136028 136029 136018 136019 136151 130152 136182 130340 130350 136360 136361 130380 130390 130403 130420 130422 130423 130428 130433 136060 136061 136130 136135 130470 130471 130472 130473 130474 130480 130485 235006 239183 221520 221530 234585 220081 220082 220010 220020 220030 15 degree radial, 1" 80@2000 35 degree radial, 1" 80@2500 150 stub lance, 1" 350 stub lance, 1" Ellipse nozzle, 1" 80@2000 Ellipse nozzle, 1" 80@2500 Torpedo,l" Swivel Thrust nozzle, 1" Bayonet nozzle, 1" Bayonet nozzle, 1" 80@2000 Bayonet nozzle, 1" 80@2500 Single Storm Nozzle, 1" Vortex nozzle, 1" Vortex nozzle, 1" 80@2500 Double storm nozzle, 1" Double storm nozzle, 1" 80@2000 Double storm nozzle, 1" 80@2500 Culvert nozzle, 1" 80@2000 Missile nozzle, 1" 1" spin clean nozzle, 65 GPM 1" spin clean nozzle, 80 GPM 1200 rotating carbide cutter 600 rotating carbide cutter 6" brush assembly 8" brush assembly 10" brush assembly 12" brush assembly 15" brush assembly 6" carbide lateral cut-off tool 8" carbide lateral cut-off tool CLEANING ACCESSORIES Flexible hose guide with 20' rope Lower manhole roller assembly 3/4" x 60" straight pipe for shoe 3/4" x 60" curved pipe for shoe Grapple tongs Basin spoon, 10' Basin scraper Small manhole trap - 6" - 8" Medium manhole trap -10" - 12" Large manhole trap - 15" - 18" $129.00 $129.00 $190.00 $190.00 $144.00 $146.00 $777.00 $151.00 $274.00 $276.00 $276.00 $248.00 $261.00 $261.00 $532.00 $517.00 $517.00 $710.00 $422.00 $937.00 $937.00 $1,142.00 $378.00 $211.00 $256.00 $298.00 $320.00 $438.00 $2.476.00 $2.880.00 $103.00 $618.00 $39.00 $59.00 $195.00 $334.00 $292.00 $474.00 $695.00 $792.00 12 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1 " Page 13 TEREX UTILITIES CONTINUED: 220120 220100 220090 130540 221800 220040 220050 220060 220070 220080 22011 0 220083 238061 235259 CLEANING ACCESSORIES CONTINUED: Top manhole roller Over the ground rollers Easement kit roller Lateral kit with 100' hose Manhole cover removal hook 6' manhole clam cleaner 8' manhole clam cleaner 10' manhole clam cleaner 12' manhole clam cleaner 15' manhole clam cleaner Slant jack roller for manhole Round point shovel. 6' Basin lance agitator 900 hose shoe guide $494.00 $750.00 $166.00 $2,585.0 $45.00 $273.00 $297.00 $488.00 $323.00 $343.00 $916.00 $89.00 $386.00 $481.00 13 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1" Page 14 A TT ACHMENT "BI" OWEN EQUIPMENT Req. Comm. Description Unit Unit Price Item Code 1 2420 TRUCK, CATCH BASIN CLEANER, 66,000 EACH $245,054.00 lbs. GVWR. WSDOT SPECIFICATION 0816/0817. Refer to Section 3.3, Specifications. Product Bid Mfg.: International & Vactor BrandIModel: Model 7600-6X4/ Vactor 211016 Lead-time: Materials, equipment or services will be delivered within calendar 180-240 days after receipt of order (ARO). Manufacturer's Parts Discount: 0% Dated: Copy attached with bid Manufacturer's Accessories Discount: 0% Dated: Copy attached with bid 1. Pusher Axle with a 13,500# rating will be located in front of the drive axles. Hendrickson Model Para lift Ultra Light. The tires shall be 255170R22.5 mounted on 8.25x22.5" aluminum hub piloted wheels. Fender to be included. PRICES $8,812.00 As specified $7,000.00 Watson-Chalin OPTIONS: 2. Tag Axle with a 13,500# rating and will be located behind the drive axles. Hendrickson Model Para lift Ultra Light. The tires shall be 255170R22.5 mounted on 8.25x22.5" aluminum hub piloted wheels. Fender to be included. 3. All optional axles shall be cab controlled for deployment only. All adjustment controls will be located outside, directly behind the cab on the street side. $8,812.00 As specified $7,000.00 Watson-Chalin As specified with options 1 & 2 4. All optional axles shall raise when the transmission is in reverse As specified with options 1 & 2 5. When WSDOT chooses the additional rear mounted tag axle a chute shall be provided to ensure debris does not fall onto the axle or the unit. $3,035.00 14 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1" Page 15 BEN-KO-MA TIC CONTINUED: CORRECTED PAGE 4/20/06 6. Provide an option price for an appropriately sized air compressor to operate the chassis braking system as well as the additional axles. 7. Shall provide pricing for a "Suck on the go" feature. 8. Power windows and door locks on the chassis. 9. Integral front frame extension. 10. Cab over Low cab entry chassis. 11. ISM 370 Cummins engine. 12. Fuller 18 Speed manual transmission, with an Easy Pedal Plus clutch and a two-piece clutch brake. 13. Fuller Auto Shift Transmission 18 speed 14. Fuller Auto Shift Transmission 10 Speed 16. Wireless controls for Boom and Rodder systems (Radio Controlled) 17. Add 500 gallons of water carrying capability. 18. 300 Feet of I-inch high-pressure hose in lieu of the 1 1A inch hose. 19. CB radio package 20. Shall provide a deduct amount for the entire high pressure Rodding/W ater System. 21. An AM/FM Radio with Weather Band 22. Shall have a hose reel shield to protect the operator in case of hose failure. 23. Over weight debris-warning system with a light and audible alarm. 24. The ability of the boom to reach 24 feet from the centerline of the chassis. 25. Rear Mounted Hose reel, in lieu of a front mounted reel. 15 1807 compressor is standard N/C $243.00 $252.00 Autocar wx64 $112.130.00 Volvo VHD64F $95,900.00 Delete $1,341.00 Delete $9,061.00 Delete $4,748.00 Delete $6,114.00 $3,718.00 $3,260.00 $630.00 $179.00 Delete $15,000.00 Included item # 10 $920.00 Wisker Switch $1,500.00 Loadman Digital Scale $6,500.00 5 X 5 Vactor Boom $8,266.00 N/A Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1 " Page 16 ADDITIONAL OWEN EQillPMENT OPTIONS: Additional Options for Vactor 2100 Series Th f II b dd d h b f e 0 OWlnQ Items may e a e to t e ase bid unit or additional cost: External Mount Trash Pump with Float Pick-Up Arm Rated @ 450GPM Add $9,388.00 High Dump Option Add $12,772.00 Debris Body Load Limit Audible Alarm Add $1,653.00 12 Cu. Yd. Debris Body Add $4,367.00 15 Cu. Yd. Debris Body Add $10,042.00 Load Man Digital Scale System Add $7,725.00 Debris Body Hinged Deflector Plate Assembly Add $257.00 Cold Weather Air Purge System Add $1,730.00 Fan Flush Out System (Centrifugal Compressor Units Only) Add $397.00 Hydraulic Tool Package Add $1,174.00 Extra Capacity Hose Reel 800' Add $3,476.00 Worklight at Auxiliary Engine (Centrifugal Compressor Units Only) Add $350.00 Debris Body Inner Connect - Additional Water Capacity Add $1,926.00 Rear Rodder Pump Drain Valves Add $386.00 36x18x18 Toolbox Add $778.00 45x16x12 Toolbox Add $845.00 Full Width Behind the Cab Tool Box - Must Add 18H Additional Chassis - CA Add $1,988.00 Whelen DOT - 6 Head Strobe Light System Add $4,383.00 Cordless Remote Pendant Control for Boom Operations Add $3,718.00 Chassis Side Skirts Add $494.00 Automatic Hose Level Wind Guide System Add $3,826.00 Lateral Line Cleaning Hose Assembly Add $2,493.00 PD Vacuum Relief System Add $2,091.00 Vactor Lube Manifolds Add $1,818.00 1300 Gallons Fresh Water Supply Add $2,266.00 r Drain Valve Located @ Rodder Pump Add $340.00 Air Shift Engagements for Positive Displacement Blower Units Add $1,483.00 Hot Shift Engagement for Positive Displacement Blower Units Add $4,357.00 Multi-Flow Rodder Pump System Add $4,501.00 Hydro-Excavator System With High Pressure Relief Valve Add $4,625.00 Accumulator System for Water System Add $2,215.00 16 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1 " Page 17 November 29, 2005 WSDOT - TRUCK CATCH BASIN CLEANER ADDITIONAL OWEN EQUIPMENT OPTIONS: The following items may be deleted from the unit as bid: Centrifugal Separator (Cyclone) Deduct $2,636.00 Folding Pipe Rack/Curbside Deduct $ 644.00 Folding Pipe Rack/Street Side Deduct $ 644.OC Handgun Hose Reel- Spring Retractable Reel with 50' Hose Assembly Deduct $796.00 Hand Liqht with Bumper Pluq Deduct $228.00 Joystick Control for Boom Function Deduct $508.00 For 5 Yard Debris Body Deduct $1,804.00 For 600' x 1 H Sewer Hose Deduct $696.0C For 800' x 1 H Sewer Hose Deduct $108.0C 18H HG Positive Displacement Blower in lieu of Two Stage Fan System Deduct $2,212.0C 16H HG Positive Displacement Blower in lieu of Two Stage Fan System Deduct $4,140.0C Splash Shield Rear Door Deduct $488.0C For Single Stage John Deere Aux Engine with Fluid Coupler Deduct $10,056.00 Note: Adding or deleting options may affect the availability of other options. Please consult Ben-Ko-Matic sales staff. 17 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1" Page 18 ATTACHMENT "B1" ENVIRO-CLEAN: Req. Comm. Description Unit Unit Price Item Code 1 2420 TRUCK, CATCH BASIN CLEANER, 66,000 EACH $272,808.94 lbs. GVWR. WSDOT SPECIFICATION 0816/0817. Refer to Section 3.3, Specifications. Product Bid Mfg.: International & Vac-Con BrandIModel: Model 7600-6X4/ V311/100 SHA Lead-time: Materials, equipment or services will be delivered within calendar 210-270 days after receipt of order (ARO). Manufacturer's Parts Discount: Jl % Dated: Copy attached with bid Manufacturer's Accessories Discount: !!% Dated: Copy attached with bid OPTIONS: PRICES 1. Pusher Axle with a 13,500# rating will be located in front of the drive axles. Hendrickson Model Para lift Ultra Light. The tires shall be 255170R22.5 mounted on 8.25x22.5" aluminum hub piloted wheels. Fender to be included. 2. Tag Axle with a 13,500# rating and will be located behind the drive axles. Hendrickson Model Para lift Ultra Light. The tires shall be 255170R22.5 mounted on 8.25x22.5" aluminum hub piloted wheels. Fender to be included. 3. All optional axles shall be cab controlled for deployment only. All adjustment controls will be located outside, directly behind the cab on the street side. 4. All optional axles shall raise when the transmission is in reverse Hendrickson as spec'd add: $8,812.00 Watson-Chalin SLl190 Add: $7,000.00 (Watson requires engineering approval) Hendrickson as spec'd add: $8,812.00 Watson-Chalin SL1190 Add: $7,000.00 (Watson requires engineering approval) As specified with options 1 & 2 As specified with options 1 & 2 5. When WSDOT chooses the additional rear mounted tag axle a chute shall be provided to ensure debris does not fall onto the axle or the unit. $1,419.11 18 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1" Page 19 ENVIRO.CLEAN CONTINUED: 6. Provide an option price for an appropriately sized air compressor to operate the chassis braking system as well as the additional axles. 7. Shall provide pricing for a "Suck on the go" feature. 8. Power windows and door locks on the chassis. 9. Integral front frame extension. 10. Cab over Low cab entry chassis. 11. ISM 370 Cummins engine. 12. Fuller 18 Speed manual transmission, with an Easy Pedal Plus clutch and a two-piece clutch brake. 13. Fuller Auto Shift Transmission 18 speed 14. Fuller Auto Shift Transmission 10 Speed 16. Wireless controls for Boom and Rodder systems (Radio Controlled) 17. Add 500 gallons of water carrying capability. 18.300 Feet of I-inch high-pressure hose in lieu of the 1 1,4 inch hose. 19. CB radio package 20. Shall provide a deduct amount for the entire high pressure RoddingIW ater System. 21. An AM/FM Radio with Weather Band 22. Shall have a hose reel shield to protect the operator in case of hose failure. 23. Over weight debris-warning system with a light and audible alarm. 24. The ability of the boom to reach 24 feet from the centerline of the chassis. 25. Rear Mounted Hose reel, in lieu of a front mounted reel. 19 18.7 compressor standard and large enough Vacuum override $129.89 $243.00 252.00 Not available from International 385V 370 at 2100 Delete $1,341.00 Delete $9,061.00 Delete $4,748.00 Delete $6,114.00 $3,478.00 Excludes Water System $8,207.00 if a lighter chassis is used see options on page 15 $2.45 per foot (only available 400'. 600' rolls) Deduct $195.00 $179.00 -$9,597.00 Included item 10 electrical $1,256.81 $510.10 $10,249.78 $10,140.50 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1" Page 20 ADDITIONAL OPTIONS A V ALABLE ON CONTRACT FROM ENVIRO-CLEAN Phone: 503-491-3393 Fax: 503-491-2283 Toll-Free: 800-200-8480 BLowe(1j)envi roclea nee u i D. co m EQUIPMENT & SUPPLIES FOR INDUSTRY & PUBLIC WORKS Iwater Capacity up charges 1. Add $3,806.00 for 1,200 gallon Upgrade. 2. Add $4,022.00 for 1,300 gallon upgrade. 20 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1" Page 21 Fixed Boom - Standard $0.00 $6,829.55 $10,249.78 6' Aluminum Telescoping Boom with Pendant Control Station 10' Aluminum Telescoping Boom with Pendant Control Station Hydrostatic Drive Option Price Split Shaft PTO Standard $7,310.3 4 $0.00 Front Mounted, Fixed, Standard Front Mounted, Fixed, 800' (1") Capacity Front Mounted, Articulating to Driver Side (Std Pivot) Front Mounted, Articulating to Driver Side, 800' (1 ") Capacity Front Mounted, Articulating to Passenger Side (Reverse Pivot) Front Mounted, Articulating to Passenger Side, 800' (10) Capacity Rear Mounted, Articulating Hose Reel $0.00 $2,611.62 $10,129.58 $12,741.19 $10,162.36 $12,n3.98 $10,140.50 Rear Mounted, Articulating Hose Reel, 800' Capacity $12,741.19 Pivoting Shield I Lexan Hose Reel Shield I Lexan Hose Reel Cage Automatic Level Wind Guide Electro Magnet for outrigger leg Pinch Roller for Automatic Level Wind $2,072.96 $1,256.81 $869.51 $4,484.36 $3,643.15 $1,593.41 Standard $0.00 $2,060.00 $0.00 $2,060.00 $0.00 $2,060.00 30 gpm/3000 psi Pump Myers 30 gpm/3000 psi Pump - option pump FMC 60 gpm/2000 psi Pump Myers 60 gpm/20oo psi Pump - option pump GiantlFMC 65 gpm/2000 psi Pump Myers 65 gpm/2000 psi Pump - option pump GiantlFMC Standard Standard 21 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1" Page 22 60 gpm/2500 psi Pump Myers 60 gpm/2500 psi Pump - option pump GiantlFMC 50 gpm/3000 psi Pump Myers 50 gpm/3000 psi Pump - option pump GiantlFMC 80 gpm/2000 psi Pump 14 cyl138 HP Myers 80 gpm/2000 psi Pump 14 cyl138 HP - option Pump GiantlFMC 80 gpm/2500 psi Pump 14 cyl138 HP GiantlFMC 80 gpm/2500 psi Pump! 6 cyl174 HP GiantlFMC 60 gpm/3000 psi Pump/4 cyl138 HP GiantlFMC 65 gpm/3000 psi Pump! 6 cyl174 HP GiantlFMC 80 gpm/3000 psi Pump! 6 cyl17 4 HP Myers 80 gpm/3000 psi Pump/6 cyl174 HP - option pump GiantlFMC 120 gpm/2000 psi Water System (includes 500' x 1 "A" Hose & 800' Capacity Reel) Myers 120gpm/2000 psi (Option Pump) Water System (includes 500' x 1 'A" Hose & 800' Capacity Reel) GiantlFMC $2,666.26 $4,726.26 $2,666.26 $2,666.26 $2,666.26 $4,726.26 $4,726.26 $8,858.00 $6,329.35 $9,119.62 $9,419.31 $11,478.32 $13,385.91 $15,445.88 Winter Recirculating System Winter Recirculating for Hose Reel & Hand Gun Air Purge System Drivers Side Hand Gun Connection Rear Hand Gun Connection Front Bumper Hand Gun Connection Pre-Tank Water Filter (In-line) Pre-Tank Water Filter (V-type) 21.1. . Water Drain Gate Valve Assembly Automatic Continuous Fill System Folding Spray Bar Assembly with In Cab Controls Variable Flow Valve (Valve Only) - nozzles required $772.00 $675.35 $626.04 $222.64 $222.64 $259.79 $222.64 $695.61 $218.04 $1,637.02 $2,824.17 $320.01 50' Capacity Retractable Hand Gun Hose Reel Hose included $1,535.05 100' Capacity Handgun Hose Reel Hose Included Water Ring Assembly (inlet mounted) Pulsation Feature for Water Pump Lateral Cleaning Kit w/150' x Y2 . Hose w/Nozzle, Dolly style mounts Lateral Cleaning Kit w/200' x 1/2" Hose w/Nozzle, Permanentaly Mtd, Electronically Controlled Lateral Cleaning Kit w/400' Hose w/Nozzle, Permanently Mtd, Hydraulically Controlled Hydro-excavation package (A), 50' High Press hand gun reel, High Press unloader valve and High Press hand wand Street Flusher, 450 GPM, air actuated spray heads Hot Water Diesel Fired Boiler $2,697.88 $1,660.22 $2,689.66 $2,383.62 $4,402.10 $5,506.83 $4,434.51 $24,997.00 $19,240.00 22 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1 " Page 23 Hand Gun Assembly Low Pressure Hand Gun Assembly with 25' 0 f Y2" hose Low Pressure 1 0' Hand Gun Hose Extension 25' Hand Gun Hose Extension 30' Hand Gun Hose Extension 50' Hand Gun Hose Extension Hand Gun Quick Disconnect Water Ring (Ring Only) Hand Gun Bracket Assembly Hand Gun Assembly (2) Handle with Adjustable Spray Hand Gun Only - no hose $231.88 $477.69 $83.51 $194.85 $227.26 $296.82 $74.29 $347.81 $51.11 $433.63 400' x 31400 3000 psi/7500 psi - Standard 500' x 31400 3000 psi/7500 psi - 100' extra. 600' x 31400 3000 psi/7500 psi - 200' extra 700' x 314" 3000 psi/7500 psi - 300' extra 800' x 31400 3000 psi/7500 psi - 400' extra 1000' x 31400 3000 psi/7500 psi - 600' extra 400' x 1" 2500 psV6250 psi - Standard 500' x 1" 2500 psV6250 psi - 100' extra 600' x 1" 2500 psV6250 psi - 200' extra 700' x 1" 2500 psV6250 psi - 400' extra 800" x 1" 2500 psV6250 psi - 400' extra 400' x 1" 3000 psi/7500 psi 500' x 100 3000 psi/7500 psi - 100' extra 600' x 1" 3000 psi/7500 psi - 200' extra 700' x 1" 3000 psi/7500 psi - 300' extra 800' x 1" 3000 psi/7500 psi - 400' extra 500' x 1 ~ ' 2500 psi /6250 psi Standard Cobra/Polymer Requires large hose reel Requires large hose reel Standard on 120 gpm water system $0.00 $337.17 $666.34 $999.50 $1,332.69 $1,999.01 $0.00 $333.17 $666.34 $999.50 $1,332.69 $481.75 $967.99 $1,422.72 $1,449.74 $2,336.68 $0.00 Standard Requires large hose reel Requires large hose reel 400' Roll of Jet Rodder Hose 500' Roll of Jet Rodder Hose 600' Roll of Jet Rodder Hose 3/4" 3000 psi or 100 2500 psi 314" 3000 psi or 1" 2500 psi 31400 3000 psi or 1" 2500 psi $1,339.43 $1,682.72 $2,001.37 Debris Body Flush Out System, 6 jets Debris Body Flush Power System, 8 jets Flush out connection for rear door valve Centrifugal Compressor Fan Flush Out System Hydraulic Rear Door Opener Water & Debris Tanks Tied Together 6" Knife Valve, Lower Rear Door Mounted with CamLock Removes door grabber $1,335.60 $1,438.60 $389.34 $899.67 $2,828.77 $1,711.20 $1,507.14 23 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1" Page 24 6" Knife Valve in Lieu of 5" Butterfly Valve 8" Knife Valve, Lower Rear Door Mounted 6" Air operated knife valve/Front Drivers Side Mounted Debris Tank Inspection Hatch, 8" - Driver Side Front w/steps & handles Rear, Hydraulic Pump Off System, 200 GPM w/20' Layflat Hose Rear, Hydraulic Pump Off System, 350 GPM w/20' Layflat Hose Rear, Hydraulic Pump Off System, 400 GPM w/20' Layflat Hose Rear, Hydraulic Pump Off System, 450 GPM w/20' Layflat Hose Rear, Hydraulic Pump Off System, 575 GPM w/20' Layflat Hose Gravity Drain System; plumbing to front operators station, allowing return of liquids to the manhole High Dump Option, Single Axle (9 Yard) High Dump Option, Tandem Axle Ceramic Coating in Debris Tank, Single Axle Ceramic Coating in Debris Tank, Tandem Axle Industrial Style Rear Door i10 std door, 16 Yd Units Only Rear splash guard. tank mounted Rear splash shield diamond plate aluminum Water Tank side panels, Diamond Plate aluminum Vacuum Enhancer, Fan or PD, Air Operated Vibrator, Electric Screen over rear valve inlets (debris body drain) Wear Plate, Swing Style (Debris Body Drain) $547.26 $1 ,632.42 $1,817.91 $575.06 $5,291.30 $7,053.48 $7,053.48 $9,525.10 $9,525.10 $1,456.15 $11,014.69 $14,194.52 $3,478.00 $4,637.33 $4,057.66 $1,419.11 $2,763.99 $1,274.90 $3,643.15 $3,164.54 $194.85 $772.14 Inspector Cam Camera System with VCR Recording Device Includes Color 7" Monitor at operator's $75,000.00 station, Keyboard with Overlay Capabilities, Digital Footage Counter, water tight enclosure case, and built-in adjustable Sun- Shield; Color CCD Self-Leveling Camera with 6"-8", and 8"-12" camera skids, DVR HD Recorder, Remote control at front operator's station; Jet/TV Cable 'h " x % " fused together and 10' Leader Hose. Includes installation and training Includes Monitor with Sun Shield mounted $18,934.49 on pivot style assembly, Self Leveling Camera with 6" & 8" Camera Skids and 600' of Video Cable mounted on Hydraulic Reel operated in sequence with Sew Hose Reel Includes Monitor with Sun Shield mounted $21,993.59 on pivot style assembly, Self Leveling Camera with 6" & 8" Camera Skids,and 600' of Video Cable mounted on Hydraulic Reel operated in sequence with Sewer Hose Reel, In Cab mounted VCR Recording Device with Pure Sine Wave Inverter Jet Eye Camera System Inspector Cam Camera System - Base Package 24 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1 " Page 25 Inspector Cam Camera System with VCR Recording Device & Footage Counter $25,053.72 Includes Monitor with Sun Shield mounted on pivot style assembly, Self Leveling Camera with 6" & 8" Camera Skids and 600' of Video Cable mounted on Hydraulic Reel operated in sequence with Sewer Hose Reel, In Cab mounted VCR Recording Device with Pure Sine Wave Inverter, Folding Keyboard with On Screen Digital Footage Counter. Push Cable Reel Assembly with 150' of cable Low Water Alarm Low Water Alarm with Light Body Load Limit Alarm, Level Indicator Rear Axle Load Limit Alarm Front Axle Load Limit Alarm Auxiliary Engine Kill Switch (Vandalism Protection) Safety Shut Down Switch for Boom Vacuum Breaker Override Switch (Vacuum & Drive) 4 Way Pendant Control Station 6 Way Pendant Control Station (Spare) Remote Control (Wireless): Boom, Vacuum Breaker, Throttle & Debris Body (includes Hi-Dump, if applicable) Grounding Cable with Screw Clamp & 25' of Cable Hi Dump pendant control station with 25' cable Back Up Alarm Back Up camera with monitor, rear vision For Use with Inspector Cam $3,059.64 $310.77 $378.19 $510.10 $690.99 $690.99 $97.49 $129.89 $129.89 $380.34 $422.09 $3,478.00 $380.27 $309.00 $204.06 $2,736.03 Revolving Light, Front Mounted Revolving Light, Rear Mounted Strobe Light, Front Mounted Strobe Light, Rear Mounted LED Strobe, front Mounted LED Strobe, Rear Mounted Mirror Mount, each - mount only LED 4 Strobes - (2) Front bumper I (2) Rear Bumper Arrowboard LED Arrowboard Arrowstick LED Arrowstick Arrowboard, D.O.T., WANCO Flashing Light Bar (4 light) Hand Held Spot Light Hand Held Spot Light with 50' Retractable Cord Additional Hand Light Connection, Specify Location Boom Mounted Flood Lights $375.72 $375.72 $538.02 $538.02 $716.88 $716.88 $265.74 $1,479.33 $1,261.42 $1,932.28 $1,261.42 $1,932.28 $5,063.22 $510.10 $338.57 $788.34 $88.14 $435.94 25 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1" Page 26 Rear Mounted Flood Lights Flood Light - Water Pump Work Area Flood Light - Auxiliary Engine Work Area Flood Light - Level Wind Guide Limb Guard for Flood Light - each Limb Guard for Rear Strobe or Revolving Light - each ICC - LED Lighting Package $435.94 $231.88 $231.88 $231.88 $69.57 $106.71 $1 ,182.53 Hose Guide, spare 665-0004 Catch Basin Retriever 711-0371 Manhole Cover Lifting Hook 681-0084 Cover Shover 681-0143 5# Fire Extinguisher 711-1326 First Aid Kit 690-0500 Triangle Kit 690-0494 Grease Gun 690-0093 $132.83 $423.22 $78.80 $486.25 $117.06 $72.05 $72.05 $56.29 3' 8" Aluminum Pipe Extension 800-0063 4' x 8" Aluminum Pipe Extension 800-0347 5' x 8" Aluminum Pipe Extension 800-0064 6' x 8" Aluminum Pipe Extension 800-0089 7' x 8" Aluminum Pipe Extension 800-0352 8' x 8" Aluminum Pipe Extension 800-0261 10' x 8" 10' x 8" Aluminum Pipe Extension 800-0133 6 W' x 8" Catch Basin Nozzle with Serrated End 8000065 7112' x 8" Catch Basin Nozzle with Serrated End 8000572 Non-conducting Catch Basin Nozzle Leaf Nozzle, 25" x 8" No Holes 800-0088 8" Adjustable Air Gap $180.09 $198.10 $211.60 $238.63 $263.39 $265.64 $288.15 $274.65 $301.66 $790.54 $193.52 $319.67 Snorkel Nozzle Kit (Includes 1- 3' pipe) 711-0031 5' x 5" Snorkel Pipe Nozzle Extension 800-0127 3' x 8" Clear Demo Tube 711-1255 Circular Operator Handle 711-0172 8" to Double 4" Y Adapter 800-0476 8" Flange to 6" Sleeve Adapter 800-0351 8" Quick Clamp, spare, 680-0015 8" Gasket with Holes 690-0025 8" Rubber Debris Hose / Per Foot 680-0001 $369.19 $117.06 $429.96 $198.10 $283.65 $139.58 $28.15 $6.98 $60.35 26 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1 " Page 27 8" Hose End 800-0097 8" Power Clamp 680-0016 Rubber Kanaflex hose end for CB Tube/Hydro excavation $74.29 $83.31 $85.96 5' x 6" Aluminum Pipe 3' x 6" Aluminum Pipe 6' x 6" Aluminum Pipe 6" Quick Clamp 6" Adjustable Air Gap 6" Intake System 6" Intake System 6" Intake System 6" Intake System 6" Intake System $211.60 $180.09 $238.63 $38.27 $319.67 Additional Pipe Rack(s) Vertical Pipe Rack (Holds 3 Pipes) $139.12 $417.37 $1,850.32 Lazy Susan Pipe Rack (Holds 4 Pipes - Drivers Side) Lazy Susan Pipe Rack (Holds 5 Pipes. Drivers Side) Hydraulic Folding Pipe Rack (3), Mtd Rear Door $2,0n.57 $2,173.43 $2,173.43 Hydraulic Folding Pipe Rack (3), Tank Mtd, Driver Side Hydraulic Folding Pipe Rack (3), Tank Mtd, Curbside Additional Side Steps (4 are Standard) $2,173.43 $78.91 Storage Box Behind Cab 16" x 42" x 96" Std on units with 1300 & 1500 gallons of water $1,785.15 Aluminum Storage Box Behind Cab 16" x 42" x 96" $3,835.14 Aluminum Storage Box Behind Cab in lieu of Standard Steel $2,049.66 Side Mounted Tool Box 35" x 14" x 24" $593.63 35" x 14" x 24" Aluminum Side Mounted Tool Box, ea (Ho steel) $813.92 16" x 13" x 72" Aluminum Side Mounted Tool Box, ea (Ho steel) $1,159.34 (2) Roll out shelves for storage box behind cab $1,261.42 Dry Decking. side tool boxes (6' & 35") . each $162.32 Dry Decking - behind cab storage box (96") $398.91 27 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1 " Page 28 314" Nozzle rack $87.80 $211.60 $211.60 $270.15 $270.15 $65.29 $393.95 $393.95 $342.18 $342.18 $74.29 $364.68 $364.68 $1,076.04 $1,076.04 $51.78 681-0460 314" 30 gpm - Standard Nozzle, spare 681-0459314" 50 gpm - Standard Nozzle, spare 681-0455314" 30 gpm Penetrator Chizel - Standard, spare 681-0458314" 50 gpm Penetrator Chizel- Standard, spare 800-0632314" Nozzle Pipe Assembly (skid), spare 681-0456 314" 30 gpm Grenade Nozzle 681-0437314" 50 gpm Grenade Nozzle Aluminum Storm Nozzle 314" 30 gpm Aluminum Storm Nozzle 314" 50 gpm 800-0962314" Storm Nozzle Pipe Assembly (skid) 681-08753/4" 30 gpm Rotating Spinning Nozzle 681-04473/4" 50 gpm Rotating Spinning Nozzle 314" 30 gpm Little Bruce 5" Culvert Nozzle 314" 50 gpm Little Bruce 5" Culvert Nozzle 681-0175314" Brass Flusher Nozzle 28 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1 " Page 29 1" Nozzle rack Aluminum Storm Nozzle 1" 60 gpm Aluminum Storm Nozzle 1" 70 gpm Aluminum Storm Nozzle 1" 80 gpm 800-0137 1" Storm Nozzle Pipe Assembly (skid) 681-06121" 60 gpm Standard Nozzle, spare 681-0876 1" 70 gpm Standard Nozzle, spare 681-0793 1" 80 gpm Standard Nozzle, spare Standard nozzle 681-0613 1" 60 gpm Penetrator Chizel - Standard, spare 681-0877 1" 70 gpm Penetrator Chizel - Standard, spare 681-07621" 80 gpm Penetrator Chizel - Standard, spare Penetrator nozzle 800-0136 1" Nozzle Pipe Assembly (skid), spare 681-04781" 60 gpm Grenade Nozzle 681-08781" 70 gpm Grenade Nozzle 681~0763 1" 80 gpm Grenade Nozzle Grenade nozzle 681-0764 1" 60 gpm Rotating Spinning Style 681-08791"70 gpm Rotating Spinning Style 681-0880 1" 80 gpm Rotating Spinning Style Little Bruce culvert nozzle 1" 60 gpm Big Otto 8" Culvert Nozzle 1" 70 gpm Big Otto 8" Culvert Nozzle 1" 80 gpm Big Otto 8" Culvert Nozzle 681-0045 1" Brass Flusher Nozzle $87.80 $288.15 $288.15 $288.15 $74.29 $263.39 $263.39 $263.39 $263.39 $301.66 $301.66 $301.66 $301.66 $65.29 $612.30 $612.30 $612.30 $612.30 $709.11 $709.11 $709.11 $1,076.04 $1,591.57 $1,591.57 $1,591.57 $60.79 Standard nozzle Rotating Spinning Nozzle Big Otto culvert nozzle $211.60 $709.11 $1,591.57 29 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1" Page 30 3/4" x 10' Length Leader Hose 1" x 10' Length Leader Hose 1-1/4" x 10' Length Leader Hose 3/4" x 15' Length Leader Hose 1" x 15' Length Leader Hose 1-1/4" x 15' Length Leader Hose 3/4" x 20' Length Leader Hose 1" x 20' Length Leader Hose 1-1/4" x 20' Length Leader Hose 3/4" x 25' Length Leader Hose 1" x 25' Length Leader Hose 1-1/4" x 25' Length Leader Hose 3/4" x 30" Length Leader Hose, Spare 1" x 30" Length Leader Hose, Spare 1-1/4" x 30" Length Leader Hose, Spare $200.36 $200.36 $200.36 $301.66 $301.66 $301.66 $319.67 $319.67 $319.67 $384.95 $384.95 $384.95 $94.55 $94.55 $94.55 Hydraulic Swage Kit Manual Swage Kit 1" Swage End 1" Swage Mender 3/4" Swage Mender 3/4" Swage End $2,246.64 $1,429.45 $56.29 $20.27 $38.30 $51.78 681-0474 Rotating Chain Scraper: 1", 6", 8" & 10" 621-0379 1" to 3/4" Bushing for Rotating Chain Scrap $1,701.85 $9.34 Vac-Con Manual, spare Chassis Parts Catalog Chassis Service Manual Chassis Operators Manual $151.41 $324.45 $324.45 $27.81 One manual standard per unit 30 Current Contract Information Contract Change No.3 CONTRACT 07005 Attachment "B 1 " Page 31 Undercoat - Vac-Con Module & Chassis Paint Tool Box/Storage Boxes to match Unit Metallic paint Option Standard - Black Powder Coating $1,560.50 $574.04 $2,341.85 Reflective Striping, Other than standard colors Avail colors: Black, Red, Orange, Yellow, Green, Brown $513.86 Standard Striping Package - White 632-5204-01 Standard Striping Package - Blue 632-5204-02 Painted Module Side Stripes - Other Specify Painted Module Boom Stripes - Other Specify $0.00 $0.00 $390.12 $390.12 Vac-Con to Paint Cab - Specify Color $2,341.85 Cab "Z" Striping Package, specify Color Avail colors: White, Blue, Black, Red, Orange, Yellow, Green, Brown See available colors $932.28 $2,342.09 $932.28 Cab .Small Stripes. Striping Package, Specify Color Cab Painted with Flames Deutz 20121138HP 3 years/14,OOO hrs Deutz 20121138HP 4 years/15,OOO hrs Deutz 20121138HP 5 years/16,Ooo hrs Allison Series 3000 5-year/unlimited mileage Allison Series 4500 5-year/unlimited mileage Sterling IJL T 7500 ESC: 36 mo.l100,000 miles - includes base vehicle, Allison 3000 RDS, and Cat C-7 Engine Sterling IJL T 7500 ESC: 48 mo.l100,OOO miles - includes base vehicle, Allison 3000 RDS, and Cat C-7 Engine Sterling ULT 7500 ESC: 60 mo.l100,Ooo miles - includes base vehicle, Allison 3000 RDS, and Cat C-7 Engine IH 7400 ESC: 36 mo.l100,Ooo miles - includes base vehicle, Allison 3000 RDS, and DT Engine IH 7400 ESC: 48 mo.l1oo,000 miles - includes base vehicle, Allison 3000 RDS, and DT Engine IH 7400 ESC: 60 mo.l100,000 miles - includes base vehicle, Allison 3000 RDS, and DT Engine $1,060.90 $1,485.26 $1,909.62 $1,899.Q1 $2,047.54 $1,538.31 $2,047.54 $3,447.93 $2,397.63 $3,023.57 $3,394.88 31 Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "c" Page 32 3.3 SPECIFICATIONS Washington State Department of Transportation Vehicle & Equipment Bidding Requirements General: All accessories and features listed herein shall be those supplied by the Original Equipment Manufacturer (OEM) or authorized dealer. Any accessories, features, or operational performance required by FMVSS, Washington State Motor Vehicle Laws, OSHA or WISHA laws or mandates, that apply to the equipment being bid, shall be provided by the manufacturer or authorized dealer. All units associated with this contract shall be of the same design and quality as those sold through normal retail channels; and they shall possess the latest technology, accessories, and features offered on standard retail units; whether or not they are called for in the following specifications. Specification Clarification and Chanees: Clarification for any item in these specifications may be obtained from the Office of State Procurement, (OSP) at (360) 902-7422. The equipment specification(s) for this purchase are official state documents that carry far reaching ethical and legal implications. Therefore, after a purchase order is awarded to a successful bidder, there shall be no deviations from any requirements stated in the published equipment specification(s) during the manufacturing or assembly process of the units offered, without prior approval from the WSDOT Equipment Manager, and an official Current Contract Information change issued by the OSP. Failure to comply with this requirement constitutes breach of contract; and may be grounds for order cancellation, without re-stocking fees or damages to WSDOT or contract termination. Equipment Specification Compliance Inspections; Delivery; and Acceptance: WSDOT will conduct specification compliance inspections at the Supplier's location prior to equipment delivery to minimize time involvement and transportation costs to resolve equipment non-compliance issues. Suppliers must contact the WSDOT Equipment Administration Office at (360) 705-7884/7882 to arrange for compliance inspections at least five (5) working days prior to a desired inspection date to allow for said inspection to be scheduled. Suppliers are responsible for ensuring that all equipment purchased, pursuant to this contract, complies with all of the requirements and specifications listed in the contract. Supplier(s) shall provide the following documents for review during the compliance inspection for each item of equipment inspected. These documents will accompany the equipment to its delivery address. 1. The manufacturer's line production sheet stating the equipment serial numbers and listing all of the equipment's components; 2. Completed Invoice; 3. The Manufacturer's Statement of Origin (MSO); 4. Axle weight slips (for all units with axles); and 32 Current Contract Information Contract Change No. 1 CONTRACT 07005 Attachment "C" Page 33 5. A completed Washington State title application showing both the legal and registered owner as; Washington State Department of Transportation Olympia, Washington 98504-7357. Out of state Supplier(s) may contract WSDOT, Equipment Administration Office at (360) 705-7882/7884 to obtain a Washington State title application. If equipment fails to meet a compliance inspection, the Supplier hereby agrees to reimburse WSDOT for all documented travel, per diem, and labor costs associated with all necessary compliance re-inspection(s). WSDOT shall deduct such costs from the Supplier's equipment invoice. Equipment shall not be delivered to a WSDOT location until the Supplier has successfully met the compliance inspection requirement and a signed copy of the WSDOT specification compliance worksheet has been issued to the Supplier. After the equipment successfully passes a compliance inspection, it may be delivered to WSDOT facilities (as specified on the contract and or equipment order) between the hours of 7:00 am and 3:00 pm, Monday through Friday. Deliveries shall not be made during other hours, on weekends or on legally recognized state and federal holidays. Suppliers must notify WSDOT at the phone number listed on the contract or the equipment order, twenty-four (24) hours prior to equipment delivery. This is to ensure that a WSDOT employee is available to sign and date the bill of laden (or other type delivery document) and receive the above mention documents, to indicate WSDOT has accepted delivery of the equipment. WSDOT will not accept any kind of responsibility for equipment that has been delivered to or left at a WSDOT facility, unless a WSDOT employee has signed and dated the bill of laden or other delivery document indicating WSDOT has accepted delivery of the equipment. Supplier shall be solely liable for any equipment damages that occurred prior to WSDOT accepting delivery of the equipment Supplier Shall Meet the Delivery Terms of this Contract: WSDOT strives to place new equipment into service prior to the high use season for which the equipment is being purchased. For example, snow and ice equipment must be in-service by October and mowing equipment must be in-service by March. It is essential that the equipment pass compliance inspections, be delivered, and processed for payment within the fiscal year fur which the equipment is funded Should the Supplier fail to timely deliver the equipment, for whatever reason, in compliance with the contract or equipment order delivery date, liquidated damages will be assessed. The amount of liquidated damages will be calculated by using WSDOT's established Equipment Rental Rate Schedule that is in effect as of the date of the contract or equipment order. Liquidated damages will be assessed at the established per day equipment rental rate for each late delivery day, not to exceed ten percent ofthe equipment's purchase price. This assessment represents a reasonable forecast of WSDOT's actual damages for having to rent replacement equipment. WSDOT shall deduct the liquidated damages for late delivery from Supplier's invoice. Should the Supplier become aware, in advance of an equipment delivery date, that the Supplier will be unable to meet the contract delivery date, the Supplier may make a written request to the Department of General 33 Current Contract Infonnation Contract Change No.1 CONTRACT 07005 Attachment "C" Page 34 Administration, Office of State Procurement (OSP) for a contract change order modifying the equipment delivery date. Warrantv Services and Performance: Equipment suppliers must provide technical support and reasonable equipment modifications for a period of 90 calendar days after the date the equipment is reported in service per manufacturer and/or factory warranty requirements. This is to ensure that the purchased equipment is capable of performing the specified operational functions. Bidders/Suppliers must include, as part of the bid, the factory and/or manufacturer's warranty, which shall cover 100% parts and labor for the entire unit offered. This warranty must be honored by all authorized factory and/or manufacturer's dealerships. Supplier shall be liable for all costs associated with warranty repair(s), including, but not limited to, materials, parts, labor, and transport of equipment that are disabled due to the failure of the equipment during the warranty period. Warranty coverage will not commence until the date the completed equipment is placed into service as reported by WSDOT pursuant to the warranty requirements, or 30 days after final payment for the equipment, whichever occurs first. The equipment Bidder/Supplier must be capable of and will be liable for providing repair parts and supply support for a period of ten (10) years after the delivery date of the equipment. During the warranty period Supplier must begin physical repairs on equipment failures within 72 hours after WSDOT has notified the Supplier of an equipment failure. Should the Supplier fail to begin equipment repairs within 72 hours after notification, WSDOT may elect (based on operational requirements) to make the warranty repairs. Should WSDOT elect to make such warranty repairs, the Supplier agrees to fully reimburse WSDOT for all parts, materials, labor, shipping and travel costs incurred by WSDOT for such warranty repairs. WSDOT shall provide Supplier with a detailed invoice, and Supplier agrees to remit payment to the WSDOT within thirty days (30) after receipt of the invoice. During warranty period the Supplier may, upon notification of a warranty failure, authorize WSDOT equipment repair technicians to make warranty repairs when it advantages to WSDOT and the Supplier. The Supplier shall reimburse WSDOT for all costs associated with the warranty repair. Training: Equipment Supplier shall provide on-site instructor(s) at no cost, to conduct eight hours of operator training per unit delivered and eight hours of repair technician training per unit delivered each time a unit is delivered. During the eight hour training period, the length and number of training session(s) required may vary based on the equipment's complexity and personnel experience levels. Training session(s) may be less than eight hours should the WSDOT on-site supervisor or Equipment Training Manager determines that all personnel have completed training and the Supplier's training obligation has been fulfilled. The training session(s) shall include, but not be limited to, the below listed items. 1. Operator training will be designed to familiarize personnel with the controls, safety features, operating characteristics and operator checks and services. 34 Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 35 2. Operator training may include teaching operators shifting, acceleration, and braking techniques to maximize operational effectiveness of the unit's power train configuration for equipment so configured. 3. Mechanic training shall be designed to familiarize service and repair technicians with preventative maintenance checks and services, system diagnostics procedures, repairs, adjustments, and any unique requirements associated with the entire unit. All training shall be scheduled and coordinated with the ship to addressee. Coordination will include dates, times, location, number of students per session, number of sessions required, facilities and training equipment and material. Qualified individuals shall conduct training sessions. "Qualified" means that the trainer must have a high level of knowledge and experience relating to the type of equipment offered or purchased: 1. Person(s) conducting the operator training session(s) must have a minimum of one year of experience in actually operating the unit for which training is being conducted or a factory/manufacture certified trainer. 2. Person(s) conducting repair technician training session(s) must have at least one year of experience in the performance of preventive maintenance and repair on the unit for which the training is being conducted or a factory/manufacture certified trainer. An on-site WSDOT supervisor or the Equipment Training Manager will evaluate training sessions; who shall determine whether or not the training was adequate. If the training is deemed inadequate, the Supplier agrees to conduct additional training sessions, at no cost to the WSDOT, to the satisfaction of the WSDOT. 35 Current Contract Information Contract Change No. 1 CONTRACT 07005 Attachment "C" Page 36 A TT ACHMENT "C" TEREX UTILITIES TEREX UTILITIES Specification Requirements 0816/0817 I. Chassis. Load capacitv and Measurements: 1. Chassis load rating shall be 66,000 lbs (GVWR). 2. Wheel Base shall be determined by the body manufacturer. 3. Cab to Axle (CA) shall be determined by the body manufacturer. 4. The unit shall meet all Washington State bridge laws while meeting the GVWR of the unit. 5. All bidders must state in pounds, how much payload their respective unit can carry while meeting this specification. The payload will be measured without fresh water. 6. Bumper to Back of Cab (BBC) shall be determined by the body manufacturer II. Cab & Related Equipment: 1. Shall be a premium cab to include the following. a. Insulated Engine Cover b. Insulated Floor c. Carpeted or insulated interior cab doors and bulkheads. d. Molded header pockets for the driver and passenger. e. Auxiliary sun visor on driver's side. f. Reading Lights g. Door storage pockets h. Courtesy lights under instrument panel. 36 Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ Describe Offered Alternatives I Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 37 TEREX UTILITIES Specification Requirements 0816/0817 1. Coaxial speakers. J. Two factory mounted speakers for the CB. 2. Hood and fenders shall tilt forward to a stable position and allow full and unrestricted access to the engine compartment. 3. There shall be a metal stone guard, mounted behind the grill to protect the radiator 4. The unit shall be equipped with the following: a. Engine voltmeter b. Engine oil pressure gauge. c. Tachometer, and Hour-meter. d. Engine coolant temperature gauge. e. Shall have a heater with at least a 30,000 BTU output rating; to include both fresh air and cab recirculation features. f. Sun visors for both driver and passenger. g. Factory installed air conditioning. h. Visual and audible low oil pressure I high coolant temperature warning system. 5. Dual, heated, and motorized 6 x 16 inch rearview mirrors. . The mirrors shall be equipped with a lO-inch convex spot mirror. 6. Shall be equipped with an air horn. 7. Shall be equipped with cowl mounted, electric, intermittent, windshield wipers, to include a heavy-duty clutched wiper motor. 8. The cab noise level shall not exceed 83dB (A) inside the cab with windows closed, measured at 1800 RPM and at normal road speed. 9. Shall be equipped with left and right egress I ingress assist handles. 10. Shall be equipped with an AMIFM Radio. 11. Shall have a, black, steel front bumper. III. Radio Installation: Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 37 Describe Offered Alternatives Current Contract Information Contract Change No. 1 CONTRACT 07005 Attachment "C" Page 38 TEREX UTILITIES Specification Requirements 0816/0817 1. The cab shall be outfitted with a header pocket to accommodate an EF Johnson radio. (Part # 242-97-55-111.) The measurements of the radio are as follows: 1. Width 7 3/16 inches. 2. Length 8 5/16 inches. 3. Thickness 2 1/8 inches. 2. The radio shall be located in a manner that allows the operator to read the LCD without detracting from road visibility. The radio shall be accessible by the operator and be within arms reach of an average person. 3. When installed; the face of the radio shall not extend further than one inch out of the pocket. 4. WSDOT will loan an EF Johnson radio to the successful bidder, as a production aid. 5. Within the radio pocket, there shall be a radio- mounting bracket, which will accept the EF Johnson radio. The radio shall have the ability to be removed and re-installed without removing the header panel. 6. To the left of the radio pocket and as close as possible to the radio, a microphone-mounting clip shall be installed. 7. On the exterior of the cab roof, there shall be a factory installed Larson NMO-K-DS-FME antenna base. The specific mounting location shall provide the antenna with at least 18 inches of clear area around the antenna base and at the tip of the antenna. 8. The roof mount antenna base shall be sealed and capped with a protective cover for shipping. 9. The antenna cable shall extend to the center radio pocket, and extend at least twelve inches outside of the radio pocket. 10. Above the rear window and centered in the cab, shall be a factory installed and functional two- way radio speaker for the EF J radio. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 38 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 39 TEREX UTILITIES Specification Requirements 0816/0817 11. There shall be a labeled, dedicated, and fused, 15-amp constant duty circuit for the EFJ Radio. This circuit shall run directly from a battery power source. At the same location, there shall be a labeled 3 amp fused circuit. This circuit shall be switched at the ignition switch, and shall operate in the run or accessory positions. 12. Connected to the 15amp EFJ circuit shall be a power wire with the same connectors, gauge, and length of the EFJ Part# 023-9750 with no splices. This wire shall extend up to a header pocket and extend at least twelve inches outside of the pocket. 13. Connected to the 3 amp EFJ circuit shall be a sense wire, with the same connectors, gauge, and length of the EFJ Part # 023-9750-011 with no splices. This wire shall extend up to a header pocket, and extend at least twelve inches outside of the pocket IV. Seats: 1. Both Driver's and passenger seat shall be a vinyl covered high back National air ride seats. 2. Both seats shall have compatible; three point type seat belts with shoulder strap. and retractors. V. Fuel Tank: 1. Shall have a minimum of a 70-gallon fuel tank. 2. The tank shall be equipped with two non-skid, raised expanded metal steps. 3. The tank shall have full encompassing rubber between the tank straps and the tank. VI. Electrical & Liehtioe System: 1. All chassis lighting shall be conventional lighting (International lighting is not acceptable). 2. Shall be a 12-volt system. 3. Batteries shall have at least 2,200 cold cranking amps (CCA) and be maintenance-free. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 39 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 40 TEREX UTILITIES Specification Requirements 0816/0817 4. Shall have a 160-amp alternator. 5. The batteries shall be equipped with an additional ground cable, which will be attached to the frame rail. All cable ends shall be sealed, and equipped with rubber retainers and covers. 6. All battery cables exiting the battery box shall be routed through rubber grommets. 7. Shall have at least four (4) two position (Onl Off) rocker panel switches mounted side by side on the dash. These switches shall be powered from the ignition switch in both run and accessory positions. The switches shall be circuit breaker protected, and back lit. Proceeding from left to right, the switches shall be labeled accordingly a. Work Light b. Warning Light c. Alt. Flash d. Main Power 8. Bidder must ensure that the switches on all equipment associated with this purchase, are wired uniformly. 9. Shall be equipped with halogen headlamps. 10. Supplier splices into the factory wiring harness is unacceptable VII. Ene:ine: 1. Shall be a Cummins ISM 425, with 410 gross hp at 2100 rpm; and 1550 ft Ibs torque at 1200 RPM. 2. Shall be equipped with a three-position engine compression brake. 3. Electronic engine controls shall have the following settings: 8. Maximum road speed to be 65 mph. b. Cruise control speed to be 60 mph. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 40 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 41 TEREX UTILITIES Specification Requirements 0816/0817 c. Idle Set 675, Resume 1,000. d. Shall have idle bump up/down feature. 4. Shall be equipped with 1500 watt 110 volt block heater, with the plug-in receptacle located on the left side under the driver's door. VIII. Air Cleaner: 1. Shall be dual element, dry-type, with fresh air intake 2. A Filter minder restriction indicator shall be mounted on the air cleanser; and it must indicate restriction for both elements. 3. The air cleaner lid shall have release latches for quick and easy access to the air cleaner. IX. Ene:ine Cooline: System: 1. Shall be equipped with a temperature controlled, air clutch fan drive. 2. Radiator shall be a cross flow with deaeration system and coolant filter. 3. All coolant hose clamps shall be Constant Torque. 4. Antifreeze protection shall be at least -35 o. X. Ene:ine Exhaust System: 1. Shall be a single horizontal muffler and vertical pipe. 2. The end of the exhaust pipe shall have a 45- degree tip out. XI. Transmission: 1. Shall be an Allison RDS series Automatic 6 speed Transmission. XII. Steerine: System: 1. Shall have a dual power steering system. 2. Steering wheel shall be 18 inches in diameter. 3. Steering column shall be fully adjustable. XIII. Axles & Suspension: Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 41 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 42 TEREX UTILITIES Specification Requirements 0816/0817 1. Front Axle shall be 20,000 lbs. with Stemco- type seals and grit guards, and heavy-duty double acting shock absorbers. 2. Rear Axle shall have a 46,000 lbs. MFGR rating with the Hendrickson HN suspension, rubber bushings, and a gear ratio to allow 65 MPH. 3. The rear axle shall be equipped with an air activated power divider lock with indicator light. 4. Shall be equipped with a rear axle lube pump. XIV. Wheels & Tires: 1. Front wheels shall be Hub Pilot with 425/65R 22.5 LRJ steel belted Goodyear tubeless tires, brushed aluminum wheels. 2. Rear wheels shall be Hub Pilot brushed aluminum wheels with Goodyear GI64 RTD 11 R 22.5 LRG steel belted tires. XV. Brake Svstem: 1. Shall be a Bendix anti-lock series air braking system 2. Shall have self-adjusting "S" earn air brakes front and rear, with shields installed. 3. Shall have outboard mounted brake drums, and the size of the drums will accommodate the manufacturers GVWR of the chassis. WSDOT will accept power disc brakes if offered. 4. All brake blocks shall be non-asbestos. 5. In the event the chassis supplier is providing drum brakes. The chassis shall be equipped with 30 sq. in. MGM TR-T series rear brake chambers. 6. Shall have at least an 18 C.P.M. air compressor, with intake plumbed to the filtered side of the air cleaner. 7. Shall have the Rockwell Wabco System Saver 1200 air dryer, mounted in a serviceable location. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 42 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 43 TEREX UTILITIES Specification Requirements 0816/0817 8. Shall be equipped with a lanyard style air drain located in an accessible location. If applicable, located near the drivers door (Under chassis configuration is unacceptable) XVI. Debris Bodv: 1. Shall be a minimum of 9 to 10 cu. yd; and constructed of the manufacturers standard corrosion and abrasion resistant steel. 2. The body shall have a top hinged, full width rear door. 3. The rear door shall be opened and closed hydraulic all y. 4. The rear door shall be locked and unlocked with the manufacturers standard locking mechanism. (Manual Locks are unacceptable) 5. Debris body shall be capable of raising a minimum of 50 degrees. 6. Shall have a splash shield to direct collected waste away from the machine located below the rear door. 7. The unloading cycle controls shall be located on the curbside of the truck. 8. The debris body shall have a high pressure flushing system, to clean the inside when unloading. 9. There shall be a 6-inch diameter decanting butterfly valve located on the debris body door. The valve shall be installed at a location to allow for the maximum decanting of material. The decant valve shall be protected from flying debris and shall have screening to prevent debris from entering the valve. The decanting valve lever shall open and close by a vertical pull. A horizontal pull is not acceptable. 10. If required, there shall be a 6 inch diameter standpipe attached to the inside of the decant valve. The standpipe shall be installed in Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 43 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 44 TEREX UTILITIES Specification Requirements 0816/0817 such a manner to allow maximum water to be decanted. 11. There shall be 25 feet of lay flat decanting hose, to include hose storage rack. 12. The decanting system shall be constructed in such a manner, as to allow water drain off, without draining debris. 13. Shall be equipped with a replaceable rear door seal. 14. The decanting system shall be flushable with the onboard fresh water. XVII Water Tank(s): 1. Water tanks shall have a metered capacity of 1,000 gallons fresh water. 2. Water tanks shall not be an integral part of the debris body. 3. Tanks shall be manufactured from non-cor- rosive material; and shall carry a I2-year warranty against leaking or cracking. 4. The water tanks shall be easily removed to provide complete access to the truck chassis for maintenance if applicable. 5. The water tanks shall be adequately vented and connected to equalize water levels while filling. 6. The water tanks shall be properly equipped to allow filling from standard fire hydrants. An anti-siphon device with a 6-inch air gap, 25 ft. of hydrant fill hose, with fittings and storage rack shall be provided. 7. Shall have a water level sight gauge, and a low water level warning light shall be located at the operator's station. XVIII Auxiliary Eneine (If Required): 1. EP A compliant; auxiliary diesel engine appropriately sized to operate all of the auxiliary engine powered components. 2. Engine cooling system shall be protected to- Check If Meet or Exceed ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ 44 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 45 TEREX UTILITIES Specification Requirements 0816/0817 35 degrees. 3. Shall have dual element dry air filter with filter minder. 4. The Auxiliary engine control panel shall be located in such a manner to allow the operator to utilize the controls from various operating positions, and shall include the following. a. Tachometer. b. Hour meter. c. High water temperature/ low oil pressure shutdown. d. Aux. Engine start/stop ignition switch e. A three position or infanitanly adjustable auxiliary engine throttle to include idle, mid, full range throttle f. An additional engine throttle shall be provided at the workstation. g. Noise level at the auxiliary engine control panel, shall not exceed 85 db (A) with the engine at normal operating RPM. h. Access to the auxiliary engine shall be located on the curbside of the chassis. 1. The exhaust from the aux engine will be directed in such a manor that the exhaust does not discolor the boom. XVIIII Vacuum System: 1. The manufacturers standard vacuum system shall be provided to meet the performance criteria. of 0- 8000 CFM and 0 - 160 inches of negative water pressure. 2. Noise level at the operators workstation, shall be 85 dB (A) or less. 3. Shall be equipped with the manufacturers standard separator. XX Hvdraulic Boom & Vacuum Hose: 1. Shall have an 8 inch diameter suction hose, Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 45 Describe Offered Alternatives Current Contract Information Contract Change No. 1 CONTRACT 07005 Attachment "c" Page 46 TEREX UTILITIES Specification Requirements 0816/0817 mounted on a telescopic boom. Boom shall be capable of rotating at least 160 degrees- 90 degrees right hand side and 70 degrees left hand side. 2. At any location where the boom has an elbow, there shall be a Hard Ox or equal, material welded to the inside of the boom to protect the interior portion from abrasion. 3. Shall have a lift capacity of at least 500 lbs at the front bumper. 4. The boom will have a reach of 20 feet from centerline of the chassis. 5. The boom shall have hydraulic up/down, in/out and left/right capability. The boom shall have full feathering capability. 6. Power boom controls shall be located at the operator's station. The workstation shall include a weatherproof remote control pendent with at least 40 feet of cable mounted on a retractable hose reel. 7. The suction hose and boom shall have a travel lock to prevent movement during transit. 8. Shall have two boom mounted work lights. XXI Hieh Pressure Water System: 1. The high-pressure water pump shall provide a continuous 80 gallons per minute at 2,000 psi. 2. Controls for operating the high-pressure water system shall be located at the operator's workstation. 3. The water pump shall be capable of either operating simultaneously or independently of the vacuum pump. 4. Shall be equipped with a 3 inch Y -type filter strainer prior to the pump inlet. XXII Hose Reel Assemblv: 1. Shall have a hose reel assembly, capable of Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 46 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "e" Page 47 TEREX UTILITIES Specification Requirements 0816/0817 storing 300 feet of 1 1/4 inch hose. The hose reel shall be mounted on the front of the truck chassis. 2. Hose reel shall be hydraulically powered in both forward and reverse. 3. Controls for the hose reel shall be located on the control panel. They shall include a hose reel speed control and a hose reel directional control. 4. The hose reel shall be capable of allowing the hood of the chassis to open and close without hindrance from the hose reel. . 5. The hose reel shall pivot at least 180 degrees from the center of chassis and lock in any position. 6. Shall have a manual level winding guide. 7. Hose reel shall have an emergency hand crank. 8. The hose reel shall be equipped with a tension mechanism to supply tension to the hose while re-winding onto the reel. . 9. Shall have a mechanical footage counter mounted above the control panel. XXIII Hilili Pressure Jet Hose: A one-piece 300 ft. hose shall be provided with the unit. The jet hose shall be 1 1/4 in. ill and have an operating pressure of 2,500 psi with a burst pressure of 6,250 psi. XXIV Qperatine Station Controls: 1. Operator station controls shall contain: a. Truck engine and aux. engine throttle, if required b. High-pressure water pump on/off switch. c. Hose reel forward-reverse valve. d. Adjustable hose reel speed control. e. Water pump over speed warning light. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 47 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Paj:!;e 48 TEREX UTILITIES Specification Requirements 0816/0817 f. Oil dampened water pressure gauge. g. Tachometer gauges for both truck engine and auxiliary engine (If required) h. Boom controls. i. Handgun control valve located at the operators workstation. XXV Hvdraulic System: The hydraulic system filters shall be replaceable without the loss of hydraulic fluid. XXVI Hand Gun System: 1. Shall have a handgun system with at least 10 GPM at approximately 600psi. 2. Shall have a I-foot extension, replaceable tip and a dead man trigger. 3. The water flow shall be adjustable from a stream, to a fine mist. 4. Shall have 25 feet of I/2-inch high-pressure hose with quick disconnect ends. Bursting pressure to be 1600 psi. mounted on a retractable hose reel. 5. Shall have handgun connection points located one each side of the front bumper and at the curbside rear of the vehicle. 6. A handgun shut off valve shall be located at each connection. XXVII Tool Boxes. Tube Storaee: 1. The unit shall have 20 cu ft of standard toolboxes. All toolboxes shall have weather tight doors and keyed alike. 2. Unit shall have a tube storage rack for 40 feet of vacuum tube. The hose storage rack shall have the ability to fold downward to within 4 to 5 feet ofthe ground so a below average height operator can access the tubes. XXVIII Accessories: 1. The unit shall be delivered with all standard Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 48 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 49 TEREX UTILITIES Specification Requirements 0816/0817 accessories to include the following: a. One aluminum storm nozzle with 8 replaceable stainless steel jets. b. One finned nozzle extension. c. One leader hose 1 inch x 10' d. One 8 inch to 6-inch reducer. e. One 8 inch x 3 feet fluidizer tube. f. One 6 inch x 7-foot vacuum tube w/steel ends. g. One 6-inch tube clamp. h. One 8-inch operator safety tube handle. i. One 6 inch x 3 feet steel catch basin tube j. One 6 inch x 3 feet fluidizer tube. k. One 6-inch operator safety tube handle. XXIX Electrical: 1. All electrical connections shall have no exposed wires or terminals. Weather pack connectors will be used on all non-chassis related electrical connections. 2. All lights shall be shock mounted in rubber grommets. 3. All wiring shall be placed in wire loom, color-coded or number coded every 6 inches and run to sealed terminal boxes. 4. Shall have two (2) electrical plugs (one front, one rear of unit) to accommodate a hand held spotlight. A hand held Halogen work light with 25 ft. retractable cord shall be provided. 5. Complete unit shall have all lights and reflectors required by FMVSS 108. The front and rear of the debris body shall have provisions for two (2) strobe lights; with the cab controlled switch. 6. All wring shall be continuous with no splices Check If Meet or Exceed ../ ../ ../ ../ ../ ../ ../ ../ ../ ../ ../ ../ ../ ../ ../ ../ ../ 49 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "c" Page 50 TEREX UTILITIES Specification Requirements 0816/0817 7. At the top exterior portion of the debris door shall be a functional and sealed Trucklight junction box, to include the seven-wire cable. XXX Exterior Finish: WSDOT expects professional workmanship on all products purchased. With this in mind, the following finishing requirements will be closely scrutinized during the specification compliance inspection. 1. There shall be no welding scale, roughness, sharp comers; or rust stains on the unit. 2. The unit shall be coated with 2 mils dry automotive quality primers, with an additional 2 mils dry of Sikkens (4039) or DuPont (7044) National Safety Yellow or equal. 3. The body Paint shall be warranted against peeling, flaking, and fading for five years. XXXI. Publications: 1. Each unit, to include all sub assemblies shall be delivered with an operator's manual. 2. Bidders shall provide the Service, and Parts Manuals for the body and chassis, and associated sub assemblies as annotated below. 1. Parts Manual ~ Service Manual 3. Shall provide a complete set of wiring schematics for the catch basin cleaner. 4. Supplier shall provide an axle load, stability and weight distribution analysis for the specified carrier vehicle 5. Shall have a laminated lube chart mounted in the chassis cab showing all the operators lubing requirements to meet a before, during, and after operation check. (Operators Maintenance) 6. Shall provide a Cad drawing of this specified unit. The drawing will show all electrical, hydraulic, and mechanical components, as they will be installed on the chassis. Check If Meet or Exceed ./' ./' ./' ./' ./' ./' ./' ./' ./' ./' ./' 50 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "c" Page 51 A TT ACHMENT "e" OWEN EQUIPMENT ..'~'.11'. . BEN-KO-MA TIC Specification Requirements 0816/0817 I. Chassis. Load capacity and Measurements: 1. Chassis load rating shall be 66,000 lbs (GVWR). 2. Wheel Base shall be determined by the body manufacturer. 3. Cab to Axle (CA) shall be determined by the body manufacturer. 4. The unit shall meet all Washington State bridge laws while meeting the GVWR of the unit. 5. All bidders must state in pounds, how much payload their respective unit can carry while meeting this specification. The payload will be measured without fresh water. 6. Bumper to Back of Cab (BBC) shall be determined by the body manufacturer II. Cab & Related Eauipment: 1. Shall be a premium cab to include the following. k. Insulated Engine Cover 1. Insulated Floor m. Carpeted or insulated interior cab doors and bulkheads. n. Molded header pockets for the driver and passenger. o. Auxiliary sun visor on driver's side. p. Reading Lights q. Door storage pockets r. Courtesy lights under instrument panel. s. Coaxial speakers. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ 51 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 52 BEN-KO-MA TIC Specification Requirements 0816/0817 t. Two factory mounted speakers for the CB. 2. Hood and fenders shall tilt forward to a stable position and allow full and unrestricted access to the engine compartment. 3. There shall be a metal stone guard, mounted behind the grill to protect the radiator 4. The unit shall be equipped with the following: a. Engine voltmeter b. Engine oil pressure gauge. c. Tachometer, and Hour-meter. d. Engine coolant temperature gauge. e. Shall have a heater with at least a 30,000 BTU output rating; to include both fresh air and cab recirculation features. f. Sun visors for both driver and passenger. g. Factory installed air conditioning. h. Visual and audible low oil pressure / high coolant temperature warning system. 5. Dual, heated, and motorized 6 x 16 inch rearview mirrors. . The mirrors shall be equipped with a 1O-inch convex spot mirror. 6. Shall be equipped with an air horn. 7. Shall be equipped with cowl mounted, electric, intermittent, windshield wipers, to include a heavy-duty clutched wiper motor. 8. The cab noise level shall not exceed 83dB (A) inside the cab with windows closed, measured at 1800 RPM and at normal road speed. 9. Shall be equipped with left and right egress / ingress assist handles. 10. Shall be equipped with an AM/FM Radio. 11. Shall have a, black, steel front bumper. III. Radio Installation: 1. The cab shall be outfitted with a header pocket to accommodate an EF Johnson radio. (Part # Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 52 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 53 BEN-KO-MA TIC Specification Requirements 0816/0817 242-97-55-111.) The measurements of the radio are as follows: 1. Width 73/16 inches. 2. Length 8 5/16 inches. 3. Thickness 2 1/8 inches. 2. The radio shall be located in a manner that allows the operator to read the LCD without detracting from road visibility. The radio shall be accessible by the operator and be within arms reach of an average person. 3. When installed; the face of the radio shall not extend further than one inch out of the pocket. 4. WSDOT will loan an EF Johnson radio to the successful bidder, as a production aid. 5. Within the radio pocket, there shall be a radio- mounting bracket, which will accept the EF Johnson radio. The radio shall have the ability to be removed and re-installed without removing the header panel. 6. To the left of the radio pocket and as close as possible to the radio, a microphone-mounting clip shall be installed. 7. On the exterior of the cab roof, there shall be a factory installed Larson NMO-K-DS-FME antenna base. The specific mounting location shall provide the antenna with at least 18 inches of clear area around the antenna base and at the tip of the antenna. 8. The roof mount antenna base shall be sealed and capped with a protective cover for shipping. 9. The antenna cable shall extend to the center radio pocket, and extend at least twelve inches outside of the radio pocket. 10. Above the rear window and centered in the cab, shall be a factory installed and functional two- way radio speaker for the EF J radio. 11. There shall be a labeled, dedicated, and fused, IS-amp constant duty circuit for the EFJ Radio. This circuit shall run directly from a battery Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 53 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 54 BEN-KO-MA TIC Specification Requirements 0816/0817 power source. At the same location, there shall be a labeled 3 amp fused circuit. This circuit shall be switched at the ignition switch, and shall operate in the run or accessory positions. 12. Connected to the 15amp EFJ circuit shall be a power wire with the same connectors, gauge, and length of the EFJ Part# 023-9750 with no splices. This wire shall extend up to a header pocket and extend at least twelve inches outside of the pocket. 13. Connected to the 3 amp EFJ circuit shall be a sense wire, with the same connectors, gauge, and length of the EFJ Part # 023-9750-011 with no splices. This wire shall extend up to a header pocket, and extend at least twelve inches outside of the pocket IV. Seats: 1. Both Driver's and passenger seat shall be a vinyl covered high back National air ride seats. 2. Both seats shall have compatible; three point type seat belts with shoulder strap, and retractors. V. Fuel Tank: 1. Shall have a minimum of a 70-gallon fuel tank. 2. The tank shall be equipped with two non-skid, raised expanded metal steps. 3. The tank shall have full encompassing rubber between the tank straps and the tank. VI. Electrical & Liehtine System: 1. All chassis lighting shall be conventional lighting (International lighting is not acceptable). 2. Shall be a 12-volt system. 3. Batteries shall have at least 2,200 cold cranking amps (CCA) and be maintenance-free. 4. Shall have a 160-amp alternator. 5. The batteries shall be equipped with an additional ground cable, which will be attached Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 54 Describe Offered Alternatives Current Contract Infonnation Contract Change No.1 CONTRACT 07005 Attachment "C" Page 5 5 BEN-KO-MA TIC Specification Requirements 0816/0817 to the frame rail. All cable ends shall be sealed, and equipped with rubber retainers and covers. 6. All battery cables exiting the battery box shall be routed through rubber grommets. 7. Shall have at least four (4) two position (Onl Off) rocker panel switches mounted side by side on the dash. These switches shall be powered from the ignition switch in both run and accessory positions. The switches shall be circuit breaker protected, and back lit. Proceeding from left to right, the switches shall be labeled accordingly e. Work Light f. Warning Light g. Alt. Flash h. Main Power 8. Bidder must ensure that the switches on all equipment associated with this purchase, are wired uniformly. 9. Shall be equipped with halogen headlamps. 10. Supplier splices into the factory wiring harness is unacceptable VII. Eneine: 1. Shall be a Cummins ISM 425, with 410 gross hp at 2100 rpm; and 1550 ft lbs torque at 1200 RPM. 2. Shall be equipped with a three-position engine compression brake. 3. Electronic engine controls shall have the following settings: a. Maximum road speed to be 65 mph. b. Cruise control speed to be 60 mph. c. Idle Set 675, Resume 1,000. d. Shall have idle bump up/down feature. 4. Shall be equipped with 1500 watt 110 volt block heater, with the plug-in receptacle located on Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 55 Describe Offered Alternatives Current Contract Information Contract Change No. 1 CONTRACT 07005 Attachment "C" Page 56 BEN-KO-MATIC Specification Requirements 0816/0817 the left side under the driver's door. VIII. Air Cleaner: 1. Shall be dual element, dry-type, with fresh air intake 2. A Filter minder restriction indicator shall be mounted on the ai~ cleanser; and it must indicate restriction for both elements. 3. The air cleaner lid shall have release latches for quick and easy access to the air cleaner. IX. Eneine Cooline System: 1. Shall be equipped with a temperature controlled, air clutch fan drive. 2. Radiator shall be a cross flow with deaeration system and coolant filter. 3. All coolant hose clamps shall be Constant Torque. 4. Antifreeze protection shall be at least -35 o. X. Eneine Exhaust System: 1. Shall be a single horizontal muffler and vertical pipe. 2. The end of the exhaust pipe shall have a 45- degree tip out. XI. Transmission: 1. Shall be an Allison RDS series Automatic 6 speed Transmission. XII. Steerine System: 1. Sqall have a dual power steering system. 2. Steering wheel shall be 18 inches in diameter. 3. Steering coluIIlll shall be fully adjustable. XIII. Axles & Suspension: 1. Front Axle shall be 20,000 lbs. with Stemco- type seals and grit guards, and heavy-duty double acting shock absorbers. 2. Rear Axle shall have a 46,000 lbs. MFGR rating with the Hendrickson HN suspension, rubber Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 56 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 57 BEN-KO-MA TIC Specification Requirements 0816/0817 bushings, and a gear ratio to allow 65 MPH. 3. The rear axle shall be equipped with an air activated power divider lock with indicator light. 4. Shall be equipped with a rear axle lube pump. XIV. Wheels & Tires: 1. Front wheels shall be Hub Pilot with 425/65R 22.5 LRJ steel belted Goodyear tubeless tires, brushed aluminum wheels. 2. Rear wheels shall be Hub Pilot brushed aluminum wheels with Goodyear G164 RTD 11 R 22.5 LRG steel belted tires. XV. Brake Svstem: 1. Shall be a Bendix anti-lock series air braking system 2. Shall have self-adjusting "S" cam air brakes front and rear, with shields installed. 3. Shall have outboard mounted brake drums, and the size of the drums will accommodate the manufacturers GVWR of the chassis. WSDOT will accept power disc brakes if offered. 4. All brake blocks shall be non-asbestos. 5. In the event the chassis supplier is providing drum brakes. The chassis shall be equipped with 30 sq. in. MGM TR-T series rear brake chambers. 6. Shall have at least an 18 C.F.M. air compressor, with intake plumbed to the filtered side of the air cleaner. 7. Shall have the Rockwell Wabco System Saver 1200 air dryer, mounted in a serviceable location. 8. Shall be equipped with a lanyard style air drain located in an accessible location. If applicable, located near the drivers door (Under chassis configuration is unacceptable) XVI. Debris Bodv: Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 57 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 5 8 BEN-KO-MA TIC Specification Requirements 0816/0817 1. Shall be a minimum of 9 to 10 cu. yd; and constructed of the manufacturers standard corrosion and abrasion resistant steel. 2. The body shall have a top hinged, full width rear door. 3. The rear door shall be opened and closed hydraulically. 4. The rear door shall be locked and unlocked with the manufacturers standard locking mechanism. (Manual Locks are unacceptable) 5. Debris body shall be capable of raising a minimum of 50 degrees. 6. Shall have a splash shield to direct collected waste away from the machine located below the rear door. 7. The unloading cycle controls shall be located on the curbside of the truck. 8. The debris body shall have a high pressure flushing system, to clean the inside when unloading. 9. There shall be a 6-inch diameter decanting butterfly valve located on the debris body door. The valve shall be installed at a location to allow for the maximum decanting of material. The decant valve shall be protected from flying debris and shall have screening to prevent debris from entering the valve. The decanting valve lever shall open and close by a vertical pull. A horizontal pull is not acceptable. 10. If required, there shall be a 6 inch diameter standpipe attached to the inside of the decant valve. The standpipe shall be installed in such a manner to allow maximum water to be decanted. 11. There shall be 25 feet of lay flat decanting hose, to include hose storage rack. 12. The decanting system shall be constructed in such a manner, as to allow water drain off, without draining debris. 13. Shall be equipped with a replaceable rear door Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 58 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "c" Page 59 BEN-KO-MA TIC Specification Requirements 0816/0817 seal. 14. The decanting system shall be flushable with the onboard fresh water. XVII Water Tank(s): 1. Water tanks shall have a metered capacity of 1,000 gallons fresh water. 2. Water tanks shall not be an integral part of the debris body. 3. Tanks shall be manufactured from non-cor- rosive material; and shall carry a 12-year warranty against leaking or cracking. 4. The water tanks shall be easily removed to provide complete access to the truck chassis for maintenance if applicable. 5. The water tanks shall be adequately vented and connected to equalize water levels while filling. 6. The water tanks shall be properly equipped to allow filling from standard fire hydrants. An anti-siphon device with a 6-inch air gap, 25 ft. of hydrant fill hose, with fittings and storage rack shall be provided. 7. Shall have a water level sight gauge, and a low water level warning light shall be located at the operator's station. XVIII Auxiliarv Eneine (If Required): 1. EP A compliant; auxiliary diesel engine appropriately sized to operate all of the auxiliary engine powered components. 2. Engine cooling system shall be protected to-35 degrees. 3. Shall have dual element dry air filter with filter minder. 4. The Auxiliary engine control panel shall be located in such a manner to allow the operator to utilize the controls from various operating positions, and shall include the following. a. Tachometer. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 59 Describe Offered Alternatives Current Contract Information Contract Change No. 1 CONTRACT 07005 Attachment "C" Page 60 BEN-KO-MA TIC Specification Requirements 0816/0817 b. Hour meter. c. High water temperature/ low oil pressure shutdown. d. Aux. Engine start/stop ignition switch e. A three position or infanitanly adjustable auxiliary engine throttle to include idle, mid, full range throttle f. An additional engine throttle shall be provided at the workstation. g. Noise level at the auxiliary engine control panel, shall not exceed 85 db (A) with the engine at normal operating RPM. h. Access to the auxiliary engine shall be located on the curbside of the chassis. 1. The exhaust from the aux engine will be directed in such a manor that the exhaust does not discolor the boom. XVIIII Vacuum System: 1. The manufacturer's standard vacuum system shall be provided to meet the performance criteria. of 0 - 8000 CFM and 0 - 160 inches of negative water pressure. 2. Noise level at the operators workstation, shall be 85 dB (A) or less. 3. Shall be equipped with the manufacturers standard separator. XX Hvdraulic Boom & Vacuum Hose: 1. Shall have an 8 inch diameter suction hose, mounted on a telescopic boom. Boom shall be capable of rotating at least 160 degrees - 90 degrees right hand side and 70 degrees left hand side. 2. At any location where the boom has an elbow, there shall be a Hard Ox or equal, ~terial welded to the inside of the boom to protect the interior portion from abrasion. 3. Shall have a lift capacity of at least 500 lbs at the front bumper. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 60 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 61 BEN-KO-MATIC Specification Requirements 0816/0817 4. The boom will have a reach of 20 feet from centerline of the chassis. 5. The boom shall have hydraulic up/down, in/out and left/right capability. The boom shall have full feathering capability. 6. Power boom controls shall be located at the operator's station. The workstation shall include a weatherproof remote control pendent with at least 40 feet of cable mounted on a retractable hose reel. 7. The suction hose and boom shall have a travel lock to prevent movement during transit. 8. Shall have two boom mounted work lights. XXI Hie:h Pressure Water System: 1. The high-pressure water pump shall provide a continuous 80 gallons per minute at 2,000 psi. 2. Controls for operating the high-pressure water system shall be located at the operator's workstation. 3. The water pump shall be capable of either operating simultaneously or independently of the vacuum pump. 4. Shall be equipped with a 3 inch Y -type filter strainer prior to the pump inlet. XXII Hose Reel Assemblv: 1. Shall have a hose reel assembly, capable of storing 300 feet of 1 1/4 inch hose. The hose reel shall be mounted on the front of the truck chassis. 2. Hose reel shall be hydraulically powered in both forward and reverse. 3. Controls for the hose reel shall be located on the control panel. They shall include a hose reel speed control and a hose reel directional control. 4. The hose reel shall be capable of allowing the hood of the chassis to open and close without Check If Meet or Exceed v' v' v' v' v' v' v' v' v' v' v' v' v' 61 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 62 BEN-KO-MA TIC Specification Requirements 0816/0817 hindrance from the hose reel. . 5. The hose reel shall pivot at least 180 degrees from the center of chassis and lock in any position. 6. Shall have a manual level winding guide. 7. Hose reel shall have an emergency hand crank. 8. The hose reel shall be equipped with a tension mechanism to supply tension to the hose while re-winding onto the reel. . 9. Shall have a mechanical footage counter mounted above the control panel. XXIII Hieh Pressure Jet Hose: A one-piece 300 ft. hose shall be provided with the unit. The jet hose shall be 1 1/4 in. ill and have an operating pressure of 2,500 psi with a burst pressure of 6,250 psi. XXIV Oueratine Station Controls: 1. Operator station controls shall contain: a. Truck engine and aux. engine throttle, if required b. High-pressure water pump on/off switch. c. Hose reel forward-reverse valve. d. Adjustable hose reel speed control. e. Water pump over speed warning light. f. Oil dampened water pressure gauge. g. Tachometer gauges for both truck engine and auxiliary engine (If required) h. Boom controls. i. Handgun control valve located at the operators workstation. XXV Hvdraulic System: The hydraulic system filters shall be replaceable without the loss of hydraulic fluid. XXVI Hand Gun System: Check If Meet or Exceed ./ ./ ./ ./. ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 62 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 63 BEN-KO-MA TIC Specification Requirements 0816/0817 1. Shall have a handgun system with at least 10 GPM at approximately 60Opsi. 2. Shall have a I-foot extension, replaceable tip and a dead man trigger. 3. The water flow shall be adjustable from a stream, to a fine mist. 4. Shall have 25 feet of I/2-inch high-pressure hose with quick disconnect ends. Bursting pressure to be 1600 psi. mounted on a retractable hose reel. 5. Shall have handgun connection points located one each side of the front bumper and at the curbside rear of the vehicle. 6. A handgun shut off valve shall be located at each connection. XXVII Tool Boxes. Tube Storaee: 1. The unit shall have 20 cu ft of standard toolboxes. All toolboxes shall have weather tight doors and keyed alike. 2. Unit shall have a tube storage rack for 40 feet of vacuum tube. The hose storage rack shall have the ability to fold downward to within 4 to 5 feet of the ground so a below average height operator can access the tubes. XXVIII Accessories: 1. The unit shall be delivered with all standard accessories to include the following: a. One aluminum storm nozzle with 8 replaceable stainless steel jets. b. One finned nozzle extension. c. One leader hose 1 inch x 10' d. One 8 inch to 6-inch reducer. e. One 8 inch x 3 feet fluidizer tube. f. One 6 inch x 7-foot vacuum tube w/steel ends. g. One 6-inch tube clamp. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ v' v' v' v' ./ ./ ./ ./ ./ ./ 63 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 64 BEN-KO-MATIC Specification Requirements 0816/0817 h. One 8-inch operator safety tube handle. i. One 6 inch x 3 feet steel catch basin tube j. One 6 inch x 3 feet fluidizer tube. k. One 6-inch operator safety tube handle. XXIX Electrical: 1. All electrical connections shall have no exposed wires or terminals. Weather pack connectors will be used on all non-chassis related electrical connections. 2. All lights shall be shock mounted in rubber grommets. 3. All wiring shall be placed in wire loom, color- coded or number coded every 6 inches and run to sealed terminal boxes. 4. Shall have two (2) electrical plugs (one front, one rear of unit) to accommodate a hand held spotlight. A hand held Halogen work light with 25 ft. retractable cord shall be provided. 5. Complete unit shall have all lights and reflectors required by FMVSS 108. The front and rear of the debris body shall have provisions for two (2) strobe lights; with the cab controlled switch. 6. All wring shall be continuous with no splices 7. At the top exterior portion of the debris door shall be a functional and sealed Trucklight junction box, to include the seven-wire cable. XXX Exterior Finish: 1. WSDOT expects professional workmanship on all products purchased. With this in mind, the following finishing requirements will be closely scrutinized during the specification compliance inspection. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 64 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 65 BEN-KO-MA TIC Specification Requirements 0816/0817 2. There shall be no welding scale, roughness, sharp comers; or rust stains on the unit. 3. The unit shall be coated with 2 mils dry automotive quality primers, with an additional 2 mils dry of Sikkens (4039) or DuPont (7044) National Safety Yellow or equal. 4. The body Paint shall be warranted against peeling, flaking, and fading for five years. XXXI. Publications: 1. Each unit, to include all sub assemblies shall be delivered with an operator's manual. 2. Bidders shall provide the Service, and Parts Manuals for the body and chassis, and associated sub assemblies as annotated below. 1 Parts Manual 1 Service Manual 3. Shall provide a complete set of wiring schematics for the catch basin cleaner. 4. Supplier shall provide an axle load, stability and weight distribution analysis for the specified carrier vehicle 5. Shall have a laminated lube chart mounted in the chassis cab showing all the operators lubing requirements to meet a before, during, and after operation check. (Operators Maintenance) 6. Shall provide a Cad drawing of this specified unit. The drawing will show all electrical, hydraulic, and mechanical components, as they will be installed on the chassis. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ 65 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 66 A TT ACHMENT "C" ENVIRO-CLEAN .- '" ........ . ........ ..................T.'_"n. , ENVIRO-CLEAN Specification Requirements 0816/0817 I. Chassis. Load capacity and Measurements: 1. Chassis load rating shall be 66,000 lbs (GVWR). 2. Wheel Base shall be determined by the body manufacturer. 3. Cab to Axle (CA) shall be determined by the body manufacturer. 4. The unit shall meet all Washington State bridge laws while meeting the GVWR of the unit. 5. All bidders must state in pounds, how much payload their respective unit can carry while meeting this specification. The payload will be measured without fresh water. 6. Bumper to Back of Cab (BBC) shall be determined by the body manufacturer II. Cab & Related Equipment: 1. Shall be a premium cab to include the following. a. Insulated Engine Cover b. Insulated Floor c. Carpeted or insulated interior cab doors and bulkheads. d. Molded header pockets for the driver and passenger. e. Auxiliary sun visor on driver's side. r. Reading Lights g. Door storage pockets h. Courtesy lights under instrument panel. 1. Coaxial speakers. 66 Check If Meet or Exceed Describe Offered Alternatives ./ ./ ./ ./ ./ ./ ./ Current Contract Information Contract Change No. 1 CONTRACT 07005 Attachment "c" Page 67 ENVIRO-CLEAN Specification Requirements 0816/0817 J. Two factory mounted speakers for the CB. 2. Hood and fenders shall tilt forward to a stable position and allow full and unrestricted access to the engine compartment. 3. There shall be a metal stone guard, mounted behind the grill to protect the radiator 4. The unit shall be equipped with the following: a. Engine voltmeter b. Engine oil pressure gauge. c. Tachometer, and Hour-meter. d. Engine coolant temperature gauge. e. Shall have a heater with at least a 30,000 BTU output rating; to include both fresh air and cab recirculation features. f. Sun visors for both driver and passenger. g. Factory installed air conditioning. h. Visual and audible low oil pressure / high coolant temperature warning system. 5. Dual, heated, and motorized 6 x 16 inch rearview mirrors. . The mirrors shall be equipped with a 1O-inch convex spot mirror. 6. Shall be equipped with an air horn. 7. Shall be equipped with cowl mounted, electric, intermittent, windshield wipers, to include a heavy-duty clutched wiper motor. 8. The cab noise level shall not exceed 83dB (A) inside the cab with windows closed, measured at 1800 RPM and at normal road speed. 9. Shall be equipped with left and right egress / ingress assist handles. 10. Shall be equipped with an AM/FM Radio. 11. Shall have a, black, steel front bumper. III. Radio Installation: 1. The cab shall be outfitted with a header pocket to accommodate an EF Johnson radio. (Part # Check If Meet or Exceed ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ 67 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 68 ENVIRO-CLEAN Specification Requirements 0816/0817 242-97-55-111.) The measurements of the radio are as follows: a. Width 73/16 inches. b. Length 8 5/16 inches. c. Thickness 2 1/8 inches. 2. The radio shall be located in a manner that allows the operator to read the LCD without detracting from road visibility. The radio shall be accessible by the operator and be within arms reach of an average person. 3. When installed; the face of the radio shall not extend further than one inch out of the pocket. 4. WSDOT will loan an EF Johnson radio to the successful bidder, as a production aid. 5. Within the radio pocket, there shall be a radio- mounting bracket, which will accept the EF Johnson radio. The radio shall have the ability to be removed and re-installed without removing the header panel. 6. To the left of the radio pocket and as close as possible to the radio, a microphone-mounting clip shall be installed. 7. On the exterior of the cab roof, there shall be a factory installed Larson NMO-K-DS-FME antenna base. The specific mounting location shall provide the antenna with at least 18 inches of clear area around the antenna base and at the tip of the antenna. 8. The roof mount antenna base shall be sealed and capped with a protective cover for shipping. 9. The antenna cable shall extend to the center radio pocket, and extend at least twelve inches outside of the radio pocket. 10. Above the rear window and centered in the cab, shall be a factory installed and functional two- way radio speaker for the EF J radio. 11. There shall be a labeled, dedicated, and fused, 15-amp constant duty circuit for the EFJ Radio. This circuit shall run directly from a battery Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 68 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 69 ENVIRO-CLEAN Specification Requirements 0816/0817 power source. At the same location, there shall be a labeled 3 amp fused circuit. This circuit shall be switched at the ignition switch, and shall operate in the run or accessory positions. 12. Connected to the 15amp EFJ circuit shall be a power wire with the same connectors, gauge, and length of the EFJ Part# 023-9750 with no splices. This wire shall extend up to a header pocket and extend at least twelve inches outside of the pocket. 13. Connected to the 3 amp EFJ circuit shall be a sense wire, with the same connectors, gauge, and length of the EFJ Part # 023-9750-011 with no splices. This wire shall extend up to a header pocket, and extend at least twelve inches outside of the pocket IV. Seats: 1. Both Driver's and passenger seat shall be a vinyl covered high back National air ride seats. 2. Both seats shall have compatible; three point type seat belts with shoulder strap, and retractors. V. Fuel Tank: 1. Shall have a minimum of a 70-gallon fuel tank. 2. The tank shall be equipped with two non-skid, raised expanded metal steps. 3. The tank shall have full encompassing rubber between the tank straps and the tank. VI. Electrical & Liehtine System: 1. All chassis lighting shall be conventional lighting (International lighting is not acceptable). 2. Shall be a 12-volt system. 3. Batteries shall have at least 2,200 cold cranking amps (CCA) and be maintenance-free. 4. Shall have a 160-amp alternator. 5. The batteries shall be equipped with an additional ground cable, which will be attached Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 69 Describe OlTered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 70 ENVIRO-CLEAN Specification Requirements 0816/0817 to the frame rail. All cable ends shall be sealed, and equipped with rubber retainers and covers. 6. All battery cables exiting the battery box shall be routed through rubber grommets. 7. Shall have at least four (4) two position (On! Off) rocker panel switches mounted side by side on the dash. These switches shall be powered from the ignition switch in both run and accessory positions. The switches shall be circuit breaker protected, and back lit. Proceeding from left to right, the switches shall be labeled accordingly a. Work Light b. Warning Light c. Alt. Flash d. Main Power 8. Bidder must ensure that the switches on all equipment associated with this purchase, are wired uniformly. 9. Shall be equipped with halogen headlamps. 10. Supplier splices into the factory wiring harness is unacceptable VII. Enlrlne: 1. Shall be a Cummins ISM 425, with 410 gross hp at 2100 rpm; and 1550 ft lbs torque at 1200 RPM. 2. Shall be equipped with a three-position engine compression brake. 3. Electronic engine controls shall have the following settings: a. Maximum road speed to be 65 mph. b. Cruise control speed to be 60 mph. c. Idle Set 675, Resume 1,000. d. Shall have idle bump up/down feature. 4. Shall be equipped with 1500 watt 110 volt block heater, with the plug-in receptacle located on Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 70 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 71 ENVIRO-CLEAN Specification Requirements 0816/0817 the left side under the driver's door. VIII. Air Cleaner: 1. Shall be dual element, dry-type, with fresh air intake 2. A Filter minder restriction indicator shall be mounted on the air cleanser; and it must indicate restriction for both elements. 3. The air cleaner lid shall have release latches for quick and easy access to the air cleaner. IX. Eneine Cooline System: 1. Shall be equipped with a temperature controlled, air clutch fan drive. 2. Radiator shall be a cross flow with deaeration system and coolant filter. 3. All coolant hose clamps shall be Constant Torque. 4. Antifreeze protection shall be at least -35 o. X. Eneine Exhaust System: 1. Shall be a single horizontal muffler and vertical pipe. 2. The end of the exhaust pipe shall have a 45- degree tip out. XI. Transmission: 1. Shall be an Allison RDS series Automatic 6 speed Transmission. XII. Steerine System: 1. Shall have a dual power steering system. 2. Steering wheel shall be 18 inches in diameter. 3. Steering column shall be fully adjustable. XIII. Axles & Suspension: 1. Front Axle shall be 20,000 lbs. with Stemco- type seals and grit guards, and heavy-duty double acting shock absorbers. 2. Rear Axle shall have a 46,000 lbs. MFGR rating with the Hendrickson HN suspension, rubber Check If Meet or Exceed ../ ../ ../ ../ ../ ../ ../ ../ ../ ../ ../ ../ ../ ../ ../ 71 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 72 ENVIRO-CLEAN Specification Requirements 0816/0817 bushings, and a gear ratio to allow 65 MPH. 3. The rear axle shall be equipped with an air activated power divider lock with indicator light. 4. Shall be equipped with a rear axle lube pump. XIV. Wheels & Tires: 1. Front wheels shall be Hub Pilot with 425/65R 22.5 LRJ steel belted Goodyear tubeless tires, brushed aluminum wheels. 2. Rear wheels shall be Hub Pilot brushed aluminum wheels with Goodyear Gl64 RTD 11 R 22.5 LRG steel belted tires. XV. Brake Svstem: 1. Shall be a Bendix anti-lock series air braking system 2. Shall have self-adjusting "S" cam air brakes front and rear, with shields installed. 3. Shall have outboard mounted brake drums, and the size of the drums will accommodate the manufacturers GVWR of the chassis. WSDOT will accept power disc brakes if offered. 4. All brake blocks shall be non-asbestos. 5. In the event the chassis supplier is providing drum brakes. The chassis shall be equipped with 30 sq. in. MGM TR-T series rear brake chambers. 6. Shall have at least an 18 C.F.M. air compressor, with intake plumbed to the filtered side of the air cleaner. 7. Shall have the Rockwell Wabco System Saver 1200 air dryer, mounted in a serviceable location. 8. Shall be equipped with a lanyard style air drain located in an accessible location. If applicable, located near the drivers door (Under chassis configuration is unacceptable) XVI. Debris Bodv: Check If Meet or Exceed ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ 72 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 73 ENVIRO-CLEAN Specification Requirements 0816/0817 1. Shall be a minimum of 9 to 10 cu. yd; and constructed of the manufacturers standard corrosion and abrasion resistant steel. 2. The body shall have a top hinged, full width rear door. 3. The rear door shall be opened and closed hydraulically. 4. The rear door shall be locked and unlocked with the manufacturers standard locking mechanism. (Manual Locks are unacceptable) 5. Debris body shall be capable of raising a minimum of 50 degrees. 6. Shall have a splash shield to direct collected waste away from the machine located below the rear door. 7. The unloading cycle controls shall be located on the curbside of the truck. 8. The debris body shall have a high pressure flushing system, to clean the inside when unloading. 9. There shall be a 6-inch diameter decanting butterfly valve located on the debris body door. The valve shall be installed at a location to allow for the maximum decanting of material. The decant valve shall be protected from flying debris and shall have screening to prevent debris from entering the valve. The decanting valve lever shall open and close by a vertical pull. A horizontal pull is not acceptable. 10. If required, there shall be a 6 inch diameter standpipe attached to the inside of the decant valve. The standpipe shall be installed in such a manner to allow maximum water to be decanted. 11. There shall be 25 feet of lay flat decanting hose, to include hose storage rack. 12. The decanting system shall be constructed in such a manner, as to allow water drain off, without draining debris. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 73 Describe Offered Alternatives Current Contract Information Contract Change No. 1 CONTRACT 07005 Attachment "C" Page 74 ENVIRO-CLEAN Specification Requirements 0816/0817 13. Shall be equipped with a replaceable rear door seal. 14. The decanting system shall be tlushable with the onboard fresh water. XVII Water Tank(s): 1. Water tanks shall have a metered capacity of 1,000 gallons fresh water. 2. Water tanks shall not be an integral part of the debris body. 3. Tanks shall be manufactured from non-cor- rosive material; and shall carry a 12-year warranty against leaking or cracking. 4. The water tanks shall be easily removed to provide complete access to the truck chassis for maintenance if applicable. 5. The water tanks shall be adequately vented and connected to equalize water levels while filling. 6. The water tanks shall be properly equipped to allow filling from standard fire hydrants. An anti-siphon device with a 6-inch air gap, 25 ft. of hydrant fill hose, with fittings and storage rack shall be provided. 7. Shall have a water level sight gauge, and a low water level warning light shall be located at the operator's station. XVIII Auxiliarv Eneine (If Required): 1. EP A compliant; auxiliary diesel engine appropriately sized to operate all of the auxiliary engine powered components. 2. Engine cooling system shall be protected to-35 degrees. 3. Shall have dual element dry air filter with filter minder. 4. The Auxiliary engine control panel shall be located in such a manner to allow the operator to utilize the controls from various operating positions, and shall include the following. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 74 Describe OlTered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 7 5 ENVIRO-CLEAN Specification Requirements 0816/0817 a. Tachometer. b. Hour meter. c. High water temperature/low oil pressure shutdown. d. Aux. Engine start/stop ignition switch e. A three position or infanitanly adjustable auxiliary engine throttle to include idle, mid, full range throttle f. An additional engine throttle shall be provided at the workstation. g. Noise level at the auxiliary engine control panel, shall not exceed 85 db (A) with the engine at normal operating RPM. h. Access to the auxiliary engine shall be located on the curbside of the chassis. 1. The exhaust from the aux engine will be directed in such a manor that the exhaust does not discolor the boom. XVIIII Vacuum Svstem: 1. The manufacturer's standard vacuum system shall be provided to meet the performance criteria. of 0 - 8000 CFM and 0 - 160 inches of negative water pressure. 2. Noise level at the operators workstation, shall be 85 dB (A) or less. 3. Shall be equipped with the manufacturers standard separator. XX Hvdraulic Boom & Vacuum Hose: 1. Shall have an 8 inch diameter suction hose, mounted on a telescopic boom. Boom shall be capable of rotating at least 160 degrees - 90 degrees right hand side and 70 degrees left hand side. 2. At any location where the boom has an elbow, there shall be a Hard Ox or equal, material welded to the inside of the boom to protect the interior portion from abrasion. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 75 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 76 ENVIRO-CLEAN Specification Requirements 0816/0817 3. Shall have a lift capacity of at least 500 lbs at the front bumper. 4. The boom will have a reach of 20 feet from centerline of the chassis. 5. The boom shall have hydraulic up/down, in/out and left/right capability. The boom shall have full feathering capability. 6. Power boom controls shall be located at the operator's station. The workstation shall include a weatherproof remote control pendent with at least 40 feet of cable mounted on a retractable hose reel. 7. The suction hose and boom shall have a travel lock to prevent movement during transit. 8. Shall have two boom mounted work lights. XXI Hieh Pressure Water System: 1. The high-pressure water pump shall provide a continuous 80 gallons per minute at 2,000 psi. 2. Controls for operating the high-pressure water system shall be located at the operator's workstation. 3. The water pump shall be capable of either operating simultaneously or independently of the vacuum pump. 4. Shall be equipped with a 3 inch Y -type filter strainer prior to the pump inlet. XXII Hose Reel Assemblv: 1. Shall have a hose reel assembly, capable of storing 300 feet of 1 1/4 inch hose. The hose reel shall be mounted on the front of the truck chassis. 2. Hose reel shall be hydraulically powered in both forward and reverse. 3. Controls for the hose reel shall be located on the control panel. They shall include a hose reel speed control and a hose reel directional control. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ './ 76 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 77 ENVIRO-CLEAN Specification Requirements 0816/0817 4. The hose reel shall be capable of allowing the hood of the chassis to open and close without hindrance from the hose reel. . 5. The hose reel shall pivot at least 180 degrees from the center of chassis and lock in any position. 6. Shall have a manual level winding guide. 7. Hose reel shall have an emergency hand crank. 8. The hose reel.shall be equipped with a tension mechanism to supply tension to the hose while re-winding onto the reel. . 9. Shall have a mechanical footage counter mounted above the control panel. XXIII Hieh Pressure Jet Hose: 1. A one-piece 300 ft. hose shall be provided with the unit. The jet hose shall be 1 1/4 in. ill and have an operating pressure of 2,500 psi with a burst pressure of 6,250 psi. XXIV Operatine Station Controls: 1. Operator station controls shall contain: a. Truck engine and aux. engine throttle, if required b. High-pressure water pump on/off switch. c. Hose reel forward-reverse valve. d. Adjustable hose reel speed control. e. Water pump over speed warning light. f. Oil dampened water pressure gauge. g. Tachometer gauges for both truck engine and auxiliary engine (If required) h. Boom controls. i. Handgun control valve located at the operators workstation. XXV Hvdraulic System: 1. The hydraulic system filters shall be replaceable without the loss of hydraulic fluid. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 77 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 78 ENVIRO-CLEAN Specification Requirements 0816/0817 XXVI Hand Gun System: 1. Shall have a handgun system with at least 10 GPM at approximately 600psi. 2. Shall have a I-foot extension, replaceable tip and a dead man trigger. 3. The water flow shall be adjustable from a stream, to a fine mist. 4. Shall have 25 feet of 112-inch high-pressure hose with quick disconnect ends. Bursting pressure to be 1600 psi. mounted on a retractable hose reel. 5. Shall have handgun connection points located one each side of the front bumper and at the curbside rear of the vehicle. 6. A handgun shut off valve shall be located at each connection. XXVII Tool Boxes. Tube Stora2e: 1. The unit shall have 20 eu ft of standard toolboxes. All toolboxes shall have weather tight doors and keyed alike. 2. Unit shall have a tube storage rack for 40 feet of vacuum tube. The hose storage rack shall have the ability to fold downward to within 4 to 5 feet of the ground so a below average height operator can access the tubes. XXVIII Accessories: 1. The unit shall be delivered with all standard accessories to include the following: a. One aluminum storm nozzle with 8 replaceable stainless steel jets. b. One finned nozzle extension. c. One leader hose 1 inch x 10' d. One 8 inch to 6-inch reducer. e. One 8 inch x 3 feet fluidizer tube. f. One 6 inch x 7 -foot vacuum tube w/steel ends. Check If Meet or Exceed ../ ../ ../ ../ ../ ../ ../ ../ ../ ../ ../ ../ ./ ../ ../ 78 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "c" Page 79 ENVIRO-CLEAN Specification Requirements 0816/0817 g. One 6-inch tube clamp. h. One 8-inch operator safety tube handle. i. One 6 inch x 3 feet steel catch basin tube j. One 6 inch x 3 feet fluidizer tube. k. One 6-inch operator safety tube handle. XXIX Electrical: 1. All electrical connections shall have no exposed wires or terminals. Weather pack connectors will be used on all non-chassis related electrical connections. 2. All lights shall be shock mounted in rubber grommets. 3. All wiring shall be placed in wire loom, color- coded or number coded every 6 inches and run to sealed terminal boxes. 4. Shall have two (2) electrical plugs (one front, one rear of unit) to accommodate a hand held spotlight. A hand held Halogen work light with 25 ft. retractable cord shall be provided. 5. Complete unit shall have all lights and reflectors required by FMVSS 108. The front and rear of the debris body shall have provisions for two (2) strobe lights; with the cab controlled switch. 6. 6. All wring shall be continuous with no splices 7. 7. At the top exterior portion of the debris door shall be a functional and sealed Trucklight junction box, to include the seven-wire cable. XXX Exterior Finish: 1. WSDOT expects professional workmanship on all products purchased. With this in mind, the following finishing requirements will be closely scrutinized during the specification compliance inspection. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 79 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 80 ENVIRO-CLEAN Specification Requirements 0816/0817 2. There shall be no welding scale, roughness, sharp corners; or rust stains on the unit. 3. The unit shall be coated with 2 mils dry automotive quality primers, with an additional 2 mils dry of Sikkens (4039) or DuPont (7044) National Safety Yellow or equal. 4. The body Paint shall be warranted against peeling, flaking, and fading for five years. XXXI. Publications: 1. Each unit, to include all sub assemblies shall be delivered with an operator's manual. 2. Bidders shall provide the Service, and Parts Manuals for the body and chassis, and associated sub assemblies as annotated below. 1.. Parts Manual ...1 Service Manual 3. Shall provide a complete set of wiring schematics for the catch basin cleaner. 4. Supplier shall provide an axle load, stability and weight distribution analysis for the specified carrier vehicle 5. Shall have a laminated lube chart mounted in the chassis cab showing all the operators lubing requirements to meet a before, during, and after operation check. (Operators Maintenance) 6. Shall provide a Cad drawing of this specified unit. The drawing will show all electrical, hydraulic, and mechanical components, as they will be installed on the chassis. Check If Meet or Exceed ./ ./ ./ ./ ./ ./ ./ ./ ./ 80 Describe Offered Alternatives Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 81 PRODUCT/SERVICE PERFORMANCE REPORT Complete this form to report problems with suppliers or to report unsatisfactory product or services. You are also encouraged to report superior performance. Suppliers should be contacted by agency personnel in an effort to resolve problems themselves prior to completion and submission of this report. Contract or Purchase Order & Requisition number: 07005 Catch Basin Cleaners Supplier's name: Supplier's representative: PRODUCT/SERVICE: o Contract item quality higher than required. o Contract item quality lower than required. o Other: o Damaged goods delivered. o Item delivered does not meet P.O./contract specifications. SUPPLIER/CONTRACTOR PERFORMANCE: o Late delivery. o Slow response to problems and problem resolution. o Other: o Incorrect invoice pricing. o Superior performance. CONTRACT PROVISIONS: o Terms and conditions inadequate. o Specifications need to be revised. o Minimum order too high. o Other: o Additional items or services are required. Briefly describe situation: Agency Name: Delivery Location: Prepared By: I Phone Number: Date: I Supervisor: I I Send To: OSPfl608.doc 3/96 KENNETH A. WOODFORK CPPB Contrasct Specialist ORRCE OF STATE PROCUREMENT PO BOX 41017 OLYMPIA WA 98504-1017 81 Current Contract Information Contract Change No.1 CONTRACT 07005 Attachment "C" Page 82 OBACEOF STATE PROCUREMENT PERFORMANCE REPORT To OSP Customers: Please take a moment to let us know how our services have measured up to your expectations on this contract. Please copy this form locally as needed and forward to the Office of State Procurement Purchasing Manager. For any comments marked unacceptable, please explain in remarks block. Procurement services provided: . Timeliness of contract actions . Professionalism and courtesy of staff . Services provided met customer needs . Knowledge of procurement rules and regulations . Responsiveness/problem resolution . Timely and effective communications Comments: Excellent o o o o o o Good o o o o o o Acceptable o o o o o o Unacceptable o o o o o o Agency: Contract No.: 07005 Contract Title: Catch Basin Cleaners Prepared by: Title: Date: Phone: Send to: Purchasing Manager Office of State Procurement PO Box 41017 Olympia, Washington 98504-1017 82 CITY Of ASHLAND Council Communication Public Hearing and Approval of Intent to Limit the Glenn Street Railroad Crossin to Bic cles and Pedestrians Onl Meeting Date: Department: Secondary Dept.: Approval: November 20,2007 Public W orksl Engineering Comm Dev, Legal, Fire Martha Bennett Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Paula Brown, 552-2411 , pau1a@ash1and.or.us Jim Olson, 552-2412 30 minutes Question: Does Council approve a statement of intent to limit the use of the Glenn Street Railroad Crossing to bicycles and pedestrians only? Staff Recommendation: Staff recommends Council direct staff to work with ODOT Rail Division on the intent to limit the use of the Glenn Street Railroad Crossing to bicycles and pedestrians only with the intent to fully improve the Laurel Hersey crossing and allow for "credit" for the future crossing at 4th Street. Background: Council approved the current railroad crossing improvement project on November 1,2005. This project provides for the replacement of crossing surfaces, construction of bike and pedestrian crossings and in some instances, the installation of automatic crossing gates. The crossings to be improved in priority order include: 1. East Main Street 2. Hersey I Laurel Streets 3. Glenn Street 4. Oak Street 5. Walker A venue With the exception of the sidewalk and bikelane relocation, the East Main Street crossing has been improved. The City has approached the Oregon Department of Transportation (ODOT) Rail Division for a permit to improve the Hersey I Laurel Street crossing, the next on the priority list. This intersection crossing is very complex due to the angle of the crossing and the fact that two busy public streets intersect near the center of the railroad crossing. To proceed with the improvement of the Laurel I Hersey Street rail crossing, ODOT Rail Division has required that the City simultaneously address the Glenn Street crossing. The Rail Division continues to strongly recommend that the Glenn Street railroad crossing be closed to motorized vehicles and maintained only as a bicycle and pedestrian crossing. Glenn Street is the northern most crossing within the City limits. The crossing is located in a residential neighborhood with single family detached housing to the east ofthe tracks and multi-family apartments and condominiums to the west. North Main Street is 2 blocks to the southeast. Glenn Street has the lowest average daily traffic of all of the City's nine at-grade crossings. The crossing has passive protection with stop signs, crossbucks, advanced warning signs and pavement markings, but does not have active crossing arms. The sight distance is poor for both trains and vehicles; trains have poor sight distance headed south toward the crossing and vehicles heading west on Orange Street Page I of 13 CC Glenn St Closure PH 20Nov07 rj.' CITY OF ASHLAND approaching the tracks from the Quiet Village side make a near 70 degree turn less than 150 feet prior to the tracks as drivers head toward North Main Street. Train speeds are typically 20 mph within City limits. Prior discussions with ODOT Rail Division Following the City's preliminary application to improve this crossing, ODOT Rail Division convened a "diagnostic review" of the crossings. The review team consisted of three persons from ODOT, three Central Oregon & Pacific Railroad (CORP) employees and three City staff members. ODOT and CORP were unanimous in their recommendation that the Glenn Street crossing must be considered with the Hersey/Laurel crossing and that the Glenn Street crossing be closed to vehicular traffic. It was further recommended that the south leg of the Laurel Street also be closed. Engineering staff argued that the request was being made without a good understanding of the traffic demands and patterns in the area. With the closure of Briscoe School, Laurel Street serves as a "safe route" to Helman School and it also provides a major connector to the Quiet Village area. Staff expressed the fact that a crossing closure would not decrease the number of vehicles crossing the tracks, it would only decrease the points at which they could cross. At the conclusion of the diagnostic review, engineering staff asserted that the Laurel Street crossing closure was not possible and the Glenn Street crossing closure was unlikely. Certainly the two crossings closures together would be impossible due to the negative impact on traffic patterns and emergency response efforts. Page 2 of 13 CC Glenn St Closure PH 20Nov07.doc ~A' CITY OF ASHLAND In January of 2006, ODOT Rail Division further reiterated their desires to close the Glenn Street crossing and the south leg of the Laurel Street crossing and offered a financial incentive to do so. In the attached January 19, 2006 letter from Myron Arneson, Senior Crossing Specialist, ODOT outlined the perceived defects of both crossings and offered the following: GLENN STREET CLOSURE If the City were to close Glenn Street to vehicular traffic while maintaining a bicycle and pedestrian crossing, the Rail Division offered to install automatic crossing gate signals at the Oak Street crossing. This would replace the old outdated wig-wag signal and is one of the improvements identified for that crossing. The estimated cost to install automatic crossing gates on Oak Street was $300,000.00. LA UREL STREET CLOSURE The Rail Division also recommended the closure of the south leg of the Laurel Street crossing. That crossing is currently a standard 4-leg intersection with Laurel Street running north-south and Hersey Street running east-west with the railroad crossing at a 50 degree angle through the center of the intersection. The closure of the south leg of Laurel Street would create a Tee intersection with Laurel Street southbound traffic being able to access Hersey Street in either direction but not able to continue south. Northbound Laurel Street traffic would be completeZv blocked at Hersey Street. The Rail Division offered to provide $100,000 to assist in the improvement of this intersection if the Laurel Street south leg connection was eliminated. This offer was considered by Council on April 4, 2006. The points of consideration at that time included the following concerns. These items have been updated for the November 20, 2007, Public Hearing to reflect current issues and costs: A. Financial Impacts 1. In accepting ODOT Rail Divisions offer (April 2006), the City would gain approximately $400,000 to be used in the improvement of the crossings. The updated estimated costs for improving the various rail crossings is as follows: Crossing Improvements 2006 cost Nov 2007 update a. East Main Street $692,000 $348,000 b. Hersey/Laurel Street $1,400,000 $1,400,000 c. Glenn Street (closure costs) $200,000 $200,000 d. Oak Street $800,000 $800,000 e. Walker Avenue $692,000 $692,000 Total $3,784,000 $3,440,000 2. The actual construction cost for crossing improvements would be reduced with the elimination of crossings. By eliminating Glenn Street, approximately $100,000 would be saved, but $100,000 would still be needed to construct bike and pedestrian crossings and erect barriers and other improvements. Approximately $150,000 could be saved from the Hersey / Laurel Street crossing by eliminating one automatic crossing gate and remain in compliance with the ODOT order to close one leg of this crossing. 3. Some minor funds could be saved in reduced crossing maintenance. Currently we are expending less than $2,000 per year per crossing in maintenance requirements. Page 3 of 13 CC Glenn St Closure PH 20Nov07.doc r~' CITY OF ASHLAND B. Safety Whether or not safety would specifically increase by closing a crossing is not known at this time. Although potential points of impact between trains and vehicles would certainly decrease on Glenn Street, the traffic volumes would likely increase at adjacent crossings (Laurel/Hersey primarily). Out of direction travel and detours required to accommodate crossing closures would likely add additional elements of potential conflict for traffic. C. Emergency Response In discussions with the Ashland Fire Department, they indicated that open streets are always a preference, but they do not see any delay in response with the closure of the Glenn Street crossing. Laurel Street is a preferred emergency response route, Glenn Street is not. The emergency vehicles would be coming from the same direction and would divert to Laurel Street for emergencies on Orange and would still access Glenn Street from North Main. The Fire Department would ensure that the responders know the access at the street break at Glenn and Orange (which is convenient). Asked about removable barricades, the response was the same - not likely an issue. If the crossing is maintained as a pedestrian and bike route, that could be used under very strained circumstances as an emergency route if needed. RVTD has a stop at Glenn Street that would not be impacted. Staff has not yet contacted the Ashland School District regarding any transportation impacts to their operations. Other service providers such as Ashland Sanitary could also be impacted by the closures. D. Neighborhood Impact Perhaps one of the most significant impacts would be to the local neighborhoods that have historically used the crossings in their daily trips to and from home. Change is not a welcome fact of life and to pose an alternative routing may meet with stiff resistance with many citizens. It is expected that many within the Quiet Village neighborhood may oppose any crossing closure on Laurel or Glenn Street as these two crossings provide connectivity for the neighborhood and to Helman School. E. Effects of Two Adjacent Crossing Closures (2006 Discussion) The impact of one crossing closure (Glenn Street) might be within reason, but when paired with a second adjacent crossing closure (Hersey / Laurel) the impact becomes much more acute and would be detrimental to the City's transportation needs. Council's 2006 Decision Due to being faced with the impacts of two potential railroad crossing closures, Council rejected ODOrs offer for financial assistance and elected to proceed with the improvement application process. Council suggested that the option to close Glenn Street be kept open. ODOT was notified of the Council's decision, but elected to honor their offer to improve the Oak Street crossing. A final order for the improvement of Oak Street was recently received. The order calls for the replacement of the wig-wag with automatic crossing gates and replacement of the crossing surface with concrete crossing panels. The City's only cost for this improvement would be the installation of the sidewalk to extend the east side walk over the tracks, paving of the asphalt approaches on either side of the crossing and two signs. Page 4 of J3 CC Glenn St Closure PH 20Nov07.doc ~~, CITY OF ASHLAND Prior Closure Introduction The possible closure of Glenn Street was first introduced in a comprehensive "Railroad Crossing Evaluation" performed by HDR, Inc. of Portland as commissioned by the Public Works Department in 2004. In their report, HDR analyzed each of the City's nine at-grade crossings and offered suggestions for improvements including a possible closure option. Only two crossings were listed as potential candidates for closure; Wightman Street and Glenn Street. Railroad crossing closures are important options to consider in light of 0 DOT's goal to reduce the number of at-grade crossings statewide due to safety concerns. Crossing closures often become a bargaining chip when improving a crossing and especially when considering a new crossing such as the future Fourth Street crossing. Some considerations to be weighed for a Glenn Street closure include: Pros: 1. Closure of Glenn Street would allow the City to move forward with the improvement of the Hersey/ Laurel Street crossing. 2. The closure of the Glenn Street crossing could provide a "credit" for the possible establishment of the Fourth Street crossing. 3. A conflict point between trains and automobiles would be eliminated at Glenn Street. 4. The cost of closing the crossing to vehicular traffic would be less costly than full crossing improvements. 5. Glenn Street is not an essential emergency provider route. 6. No driveway or specific property access would be impacted with the Glenn Street closure. 7. The actual traffic volumes on Glenn Street are low with approximately 980 vehicles per day as compared to Laurel Street at about 1630 vehicles per day, 1650 on Helman and 4500 on Oak. Cons: 1. 2. 3. 4. The closure of the crossing would require some out of direction travel for vehicles The Glenn Street closure would likely place more crossing demand on the Laurel, Helman and Oak Street crossings. Although no driveway access would be eliminated, access would be impacted. The closure of the Glenn Street crossing would eliminate the shortest connection from the Quiet Village area to the north bound lanes of North Main Street. Traffic would likely travel on Laurel Street or would divert to Hersey (two blocks north of the Orange/Glenn connection to North Main). ODOT may act to close the Glenn Street crossing even without the City's concurrence. 5. Summary ODOT has the authority to close a highway at-grade rail crossing. They can do so on their own initiative (see related policy details). They can also act on the recommendation of the road authority to close a particular crossing or simply require that if one crossing is to be improved another must be closed. With the desire to complete improvements to the Laurel Street / Hersey Street railroad crossing and to continue to request funding for the Laurel Street sidewalk improvements, the need to comply with ODOT's desire to close the Glenn Street crossing is evident. At this point the City could request the Page 5 of 13 CC Glenn St Closure PH 20Nov07.doc ~~, CITY OF ASHLAND crossing remain open for pedestrian and bicycle activities and may be able to gain full improvements to the Hersey / Laurel crossing without an added burden of closing one leg. If the City initiates the closure of Glenn Street, the City may also be in a good position to request consideration as a "credit" for the ultimate desire for the Fourth Street crossing as there are no current street crossing between Oak and N Mountain. The desire for the Fourth Street crossing will facilitate adequate transportation movements (bike, pedestrian, and vehicle) within the railroad property. Related City Policies (see attached for details): As outlined on the following statutes, ODOT has the authority to initiate a crossing closure on their own initiative and then hold a hearing for that purpose. The closure may also be initiated by a City Councilor other governing body. AMC 13.02.020 Jurisdiction. The City has jurisdiction and exercises regulatory control over all public rights-of-way within the City under the City Charter and state law. AMC 13.020.030 Scope of Regulatory Control. The City has jurisdiction and exercises regulatory control over each public right-of-way whether the city has a fee, easement, or other legal interest in the right-of-way. The city has jurisdiction and regulatory control over each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure, or other means. Related State Polices (see attached for details): 824.202 Policy; authority vested in state and department. 824.206 Elimination, relocation or alteration of grade crossing; installation or alteration of protective devices. (1) The Department of Transportation may, upon its own motion or upon application by a railroad or the public authority in interest, .... (a) Eliminate a grade crossing by relocation of the highway; (b) Alter or abolish any grade crossing... 824.226 Dangerous grade crossings; notice, hearing; order to install protective devices; apportioning of cost. (I) The Department of Transportation on its own motion may.. ..order a hearing... (2) Ifupon such hearing it appears... that the crossing... is unsafe and dangerous to human life, the department may order the crossing closed. . . Related Oregon Administrative Rules (OAR) (see attached for details): Authority for Closure of Crossings and Removal of Tracks at Crossings (1) Permanent Closure of Roadway at Crossings. .. . After such closure has been accomplished, the roadway cannot be reopened without the authority of the Department... 741-120-0050 Permanent Closure and Removal of Grade Crossings (1) Construction of Barricades. Whenever a grade crossing is closed to use by motor vehicles, a barricade ... to prevent use of the roadway approach to the crossing. ... The cost of construction shall be borne by the railroad; maintenance cost shall be borne by the public authority. Page 6 of 13 CC Glenn 5t Closure PH 20Nov07.doc r~' CITY OF ASHLAND Council Options: It is assumed that Council will hold the public hearing to gain insights into the public concerns with the potential closure of Glenn Street Railroad crossing allowing access to bicycles and pedestrians only. Once the hearing is complete, Council has the following options: 1. Direct staff to initiate the process with ODOT Rail Division to limit the use of the Glenn Street Railroad crossing to bicycles and pedestrians only. Request that staff proceed with written requests to ODOT Rail Division to allow full improvements to the Laurel/Hersey crossing without partial closures, and further request ODOT Rail Division to consider the closure of the Glenn Street railroad crossing be used as a credit for the future railroad crossing of the extension of Fourth Street. 2. Reject the idea oflimiting the use of the Glenn Street Railroad crossing and makes no motion to initiate limitations on Glenn Street. This would place the decision to close the rail crossing at Glenn Street squarely on ODOT Rail Division and allow them to proceed with the closure at their discretion. The City would likely be responsible for all construction related to the closure. This option would likely preclude the City from the Fourth Street crossing unless another rail crossing were to be closed. This option might also preclude full operation and improvements at the Laurel/Hersey Crossing. 3. Request additional traffic impact and rail analysis be brought to Council prior to any further discussions on limiting the use of the Glenn Street Railroad crossing. Potential Motions: 1. Council moves to direct staff to initiate the process through a written request to ODOT Rail Division to limit the use of the Glenn Street Railroad crossing to bicycles and pedestrians only and to proceed with ODOT Rail Division in allowing full improvements to the Laurel/Hersey crossing without partial closures, and further requests that ODOT Rail Division considers the closure of the Glenn Street railroad crossing be used as a credit for the future railroad crossing of the extension of Fourth Street. 2. Council directs staff to provide a specific traffic impact and rail analysis be conducted and brought to Council prior to any further discussions on limiting the use of the Glenn Street Railroad crossing. Attachments: Photos Vicinity Map January 19,2006 letter from ODOT Related Policy Details Reference: Railroad Crossing Evaluation; HDR, Inc. 2004 (available at: www.ashland.or.us; Document Center) Page 7 of 13 CC Glenn St Closure PH 20Nov07.doc ~., CITY OF ASHLAND Page 8 of 13 Glenn Street looking north east from North Main Street to the tracks Glenn Street looking west from Orange Street to the tracks right where the change from Orange to Glenn Street at the railroad tracks CC Glenn St Closure PH 20Nov07.doc r~' o ..z 0-< ~ >-.J~ ":r: ~ - - Uti) ~ <t> CITY OF ASHLAND t) 25 ell eIlCZl ~~ ~~ ~~ Q~ ~~ 0_ p... o fi: WI Z <.ii( .9! ~ ~~~: It) ~ioi li .... .!! ci ~~I~ a a It) 6~h N It) II ci ii .5 1 ~ .. t i c It) ~~ill 0 '" ci till a Page 9 of 13 CC Glenn St Closure PH 20Nov07.doc r~' CITY OF ASHLAND -Oregon RECE\VED Department of Transportation Rail Division 555 13th Street NE, Suite 3 Salem, OR 97301-4179 (503) 986-4321 FAX (503) 986-3183 1llY(503) 986-3416 Theodore R. Kulongoski, Governor AUQust 30. 2006 Jim Olson City of Ashland 20 East Main St Ashland OR 97520 SEP 1 1 7006 City of Ash\and File Code: RX 1222: In the Matter of the Alteration of the Railroad-Highway Grade Crossings at Laurel & Hersey Streets, Glenn Street and CENTRAL OREGON & PACIFIC RAILROAD (CORP), Siskiyou Subdivision, in Ashland, Jackson County, Oregon. An Application has been received from City of Ashland dated July 17,2006, in the above-cited matter. Rail Division has prepared the following remar1<s to the application: Glenn Street: · Glenn Street has major safety issues that were not addressed in the application. It has a very steep approach to the grade crossing. The easterly approach has a -11%+ slope which makes it a humped crossing causing the possibility of certain vehicles to hang up on the tracks. The proposed profile design for the bikel ped path with a 2% grade approximately 15+ feet from the track will exacerbate this safety issue. There is considerable concern about the ability of a roadway or potential path user approaching the crossing to stop for the pedestrians crossing Glenn Street multi-use path. Staff believes the topography makes it impossible to correct this safety issue. · It has blind quadrants in the approach to the crossing. Roadway and potential path users are almost completely blind in their approach to the tracks due to surrounding land uses. · Closure of Glenn Street to motor vehicles would make the crossing safer for bicycles and pedestrians. Limiting modal conflicts at the highway-rail grade crossing is essential to improve safety. On the basis of the above staff objects to the application without the closure of Glenn Street. Laurel/Hersey Streets: · The intersection of Laurel/Hersey Streets with the railroad is a four-way stop controlled intersection with the main line of CORP running diagonally through the center of the intersection from southeast to northwest. Laurel Street runs approximately north-south, and Hersey Street runs approximately east-west. · Installation of active crossing warning devices (gates and lights) on all four approaches to the crossing will require acquisition of private land in the southwest quadrant. Form 735-9203 (3-04) @ Page 10 of 13 CC Glenn St Closure PH 20Nov07.doc rj.1 CITY Of ASHLAND (RX 1222) August 28, 2006 Page 2 of 2 . If the Laurel/Hersey Street intersection was made into a T intersection closing off the south approach from Laurel 8treet,--tho intersection ..voulcl-be-safer-for-all-modes--of---- travel. It would also allow the automatic gate signal in the southwest quadrant to be on railroad property and bring the safety device closer to the tracks. . The crosswalks in all four quadrants need to be behind the automatic gate signals so that the automatic gates tips are closer to the tracks ideally within 10ft. of the nearest rail and extend within one foot of the centerline of the roads or island. Typically the islands are 50 feet in length to prevent vehicles from running the lowered automatic gates. Staff needs a set of 11 x17 plans to scale for our working plans. Parties providing comments or documentation are requested to serve the materials on all other parties of record in a formal case, and provide proof of service to Rail Division staff. "you serve materials regarding this matter, please use a form similar to the enclosed certificate of service. If you have any questions, call. ,...~~ 't",y;on Arneson Senior Crossing Specialist (503) 986-4095; Fax (503) 986-3183 E-mail myron.l.arneson@odot.state.or.us Cc: CORP WG _raillmlalrxsltrslRX 1222staffltr082806 Page II of 13 CC Glenn St Closure PH 20Nov07.doc r~' CITY OF ASHLAND Related Policy Details Related City Policies: AMC 13.02.020 Jurisdiction. The City has jurisdiction and exercises regulatory control over all public rights-of-way within the City under the City Charter and state law. AMC 13.020.030 Scope of Regulatory Control The City has jurisdiction and exercises regulatory control over each public right-of-way whether the city has a fee, easement, or other legal interest in the right-of-way. The city has jurisdiction and regulatory control over each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure, or other means. Related State Polices: 824.202 Policy; authority vested in state and department. It is the policy of this state to achieve uniform and coordinated regulation of railroad-highway crossings and to eliminate crossings at-grade wherever possible. To these ends, authority to control and regulate the construction, alteration, and protection of railroad-highway crossings is vested exclusively in the state, and in the Department of Transportation as provided in ORS 824.200 to 824.256. [Formerly 763.013] 824.206 Elimination, relocation or alteration of grade crossing; installation or alteration of protective devices. (1) The Department of Transportation may, upon its own motion or upon application by a railroad or the public authority in interest, subsequent to a hearing, unless a hearing is not required under ORS 824.214, and upon finding that such action is required by the public safety, necessity, convenience and general welfare: (a) Eliminate a grade crossing by relocation of the highway; (b) Alter or abolish any grade crossing or change the location thereof, or require a separation of grades at any such crossings; ( c) Alter or change any existing crossing at separated grades; and (d) Require installation or alteration of protective devices. (2) The department shall prescribe the time and manner of such alteration, change, installation or alteration, and the terms and conditions thereof. [Formerly 763.030; 1997 c.249 250,; 1997 c275&16] 824.226 Dangerous grade crossings; notice, hearing; order to install protective devices; apportioning of cost. (1) The Department of Transportation on its own motion may, or upon application by the common councilor mayor of any city, or any county judge or county commissioner or county roadmaster, or by five or more residents and taxpayers in any city, county or road district to the effect that a public highway and a railroad cross one another in such city, county or road district a the same level, and that such grade crossing is unsafe and dangerous to travelers over such highway or railroad, shall, give notice to the railroad company, of the filing of such application, and furnish a copy of the same to the railroad company, and order a hearing thereon in the manner provided for contested case hearings under ORS 183.310 to 183.550. (2) If upon such hearing it appears to the satisfaction of the department that the crossing complained of is unsafe and dangerous to human life, the department may order the crossing closed or order and direct the railroad or public authority to install and maintain proper protective devices, and establish a date by which such devices are to be installed and placed into operation. The department shall Page 12 of 13 CC Glenn St Closure PH 20Nov07.doc ~~, CITY OF ASHLAND apportion the installation and maintenance costs thereof in accordance with ORS 824.242 to 824.246, and, notwithstanding the provisions of ORS 183.310 to 183.550, shall suspend the effective date of the order until the public authority in interest has consented to the apportionment and has agreed to comply therewith. [Formerly 763.170; 1997 c.275&21] Oregon Administrative Rules (OAR) Authority for Closure of Crossings and Removal of Tracks at Crossings (1) Permanent Closure of Roadway at Crossings. Whenever a crossing is permanently closed to motor vehicle, bicycle or pedestrian traffic, the public authority at the crossing shall notify the Department of the closure and comply with OAR 741-120-0050. After such closure has been accomplished, the roadway cannot be reopened without the authority of the Department pursuant to ORS 824.204 or 824.210. (2) Temporary Closure of Roadway at Crossing by the Railroad. When a railroad desires to close a railroad-highway crossing temporarily, it shall comply with all reasonable procedures required by the public authority. At a minimum, the railroad shall provide to the public authority at least 40 hours advance notification of intent to close the crossing. See Section 8A.05 of the MUTCD. (3) Discontinuance of Railroad Operations at Crossings. Whenever railroad use of a crossing is to be discontinued in accordance with federal requirements, the owner of the tract at the crossing and the railroad operating over such track shall notify the Department of the discontinuance. (4) Removal of Trackage at Crossings. Whenever one or more tracks is to be removed at a grade crossing, the railroad operating over such trackage shall file an application to alter the crossing under ORS 824.206. Stat. Auth.: ORS 184.616, 184.619,823.011,824.202 and 824.220 Stat. Implemented: ORS 824.206 741-120-0050 Permanent Closure and Removal of Grade Crossings (1) Construction of Barricades. Whenever a grade crossing is closed to use by motor vehicles, a barricade or other appropriate obstruction sufficient to prevent use of the roadway approach to the crossing. Barricade width shall be a minimum of the width of the roadway and shoulders. Barricades shall be installed and maintained by the public authority. The cost of construction shall be borne by the railroad; maintenance cost shall be born by the public authority. (2) Removal of Crossing Surface. Whenever a grade crossing is closed to use by motor vehicles, the railroad, after installation of required barricades, shall promptly remove all roadway surface material from the area between the lines drawn perpendicular to the end of ties of each track at the crossing. (3) Removal of Railroad Tracks. Whenever a grade crossing, or one or more tracks is closed to use by railroad equipment, the tracks (including rails and ties) shall be removed and the roadway surface restored by the railroad within twelve months from the time the track is closed to use by railroad equipment. (4) Removal of Protective Devices. Whenever a grade crossing is closed to use by motor vehicles or by railroad equipment, protective devices shall be promptly removed by the party responsible for their maintenance. Stat. Auth.: ORS 184.616, 184.619,823.011,824.202 and 824.220 Stat. Implemented: ORS 824.206 Page 13 of 13 CC Glenn St Closure PH 20Nov07.doc r~' CITY OF ASHLAND Council Communication Public Hearing for an Ordinance declaring approval of a Development Agreement, including a Land Exchange involving a portion of the City Dog Park property and Planning Action 2006-01663 for the Annexation and associated development approvals for the properties located at 87 W. Nevada St. and 811 Helman St. (Ashland Greenhouses). Meeting Date: November 6, 2007 Department: Legal Community Development P r Primary Staff Contacts: E-Mail: Secondary Depts.: Approval: Secondary Contact: Estimated Time: Richard Appicello Maria Harris appicelr@ashland.or.us harri sm~iJashland .or. us Don Robertson 2 hours Question: Does the Council find that the negotiated development agreement that governs a land exchange, three annexations, a Comprehensive Plan Map and Zone change, an Outline Plan, and exception to street standards, a physical constraints review permit, and tree removal permit is consistent with State law, City Code, and City policies either as presented or as modified? Staff and Commission Recommendations: The Ashland Parks and Recreation Commission made a recommendation for approval of the land exchange on June 25, 2007. Staff supports the recommendation of the Parks and Recreation Commission. The Ashland Planning Commission recommended approval of Planning Action 2006-01663 on August 28,2007 for an Annexation, Comprehensive Plan Map and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning R-I-3.5 (Suburban Residential) and R-1 (Single-Family Residential), request for Outline Plan approval for a 68-unit residential development under the Performance Standards Options Chapter 18.88, requests for Exception to the Street Standards for not locating a street adjacent to natural features and to use a private drive to access the cottages rather than the required public street, request for a Physical Constraints Review Permit to locate a multi-use path in the Ashland Creek Riparian Preservation Area, and request for a Tree Removal Permit to remove a 25- inch diameter at breast height Oak tree. The Planning Commission also reviewed the proposed land exchange and recommended approval. Staff supports the recommendation of the Planning Commission as stated in the recommendation document dated August 28, 2007 (pages 30-59 of the record). Page I of 10 CC Nevada 87 11.6.07.doc r.l' CITY OF ASHLAND Background: 1. Land Exchan2.e The application includes a request for a land exchange with the City of Ashland. The land exchange is a prerequisite to development of the property as proposed in P A-2006-01663. The proposal is for the City to receive approximately 2.78 acres adjacent to Ashland Creek for City parks purposes in exchange for approximately 1.54 acres of the Dog Park access area. The specific area of exchange is the entrance road and lawn area to the south of the parking lot. The exchange will not impact the parking lot or actual Dog Park itself. Tax lot 200 of39 IE 04BB is City of Ashland property and is commonly referred to as the Dog Park. The acreage for the land exchange has been revised and updated based on an October 2007 survey in the revised application. (Exhibits N-l and N-2 in Book III-Narrative, dated stamped October 30, 2007). (2.78 acres, up from 2.57 acres previously) (1.54 acres, up from 1.37 acres previously) .EGEND . f--- F::::::':::':::':::-:"'---l " \ \ I I 39 LC 04BB I Tl 70C (\{ILLIAHSI CITY OF ASHLMD 39 IE 0498 TL eoo OR n-J3324 LEGEN HCVADA STREIT CR 66-1lle8J \ sou:. J '. 200' , ?' , 1l1~ , ~I" ~l~ , I \~ I \ DR 77-133e4 1 ;.: \ VllL, Pc. gll.. \ ~I~ "------ ~i,' '\ LeGAL DESCRJPTlDN \ POINT OF BEGINNING , \ se6.ee'oo~[ / / I ' ~ \ ~C<98' 'v" W# \ \ ~, ""u~ ,L/",~~ / 39 JE 04B} ) ~ TL800 I ' /''' DR 8IHI910~/ ( ~~~./}_ ~ <vn.U""" ;1 39 I[ 0488 ~~;%" ~ ! TL 700 ~ //'J ~ ~ I '..ILL lA/fS) ~ W (-0;;/ VJ1.. Z96. PG. 362 ~ ~ ~-;% \ I ( 39 IE 0<88 0( " / ) (viLr.:s) I I <DR 67-04""0);! / / 391E04B, / ( TL 1100 I - 7Ilfllii.Hf) -3. IE: OOJ / ~ <'Io'ILLJAMS> J ~ I 11 '1OQ ~ J/I;../y I, I ~0':-,~ r ~-- -~- --------~ - __.J L2 ASHLAND, Bar<OCR CT JR4Cr TO BE rRANSFERRE:D FR1Jj \{ILLlAHS TO CITY DF ASHl/WD 'SHiNN SHAOCD> ?- OFrIC1AL Rf:CORDS. JACKSGN COUNTY, IJRf:GON LI I :1 I r ! NEVAI),ol STRrrT TERR PROFES ORS 221.725 requires an advertised public hearing when the City finds it "necessary or convenient" to sell or otherwise dispose of real property or an interest in real property. At the public hearing, "any resident of the City" may submit written or oral testimony concerning the exchange. The hearing has been properly advertised. ORS 271.310 -ORS 271.350 requires findings by the Council in order to sell, convey, or exchange real property. To sell, conveyor exchange property the City Council must find either that the property is "not needed for public use" or "that the public interest may be Page 2 of] 0 CC Nevada 87 ] 16.07.doc ~~, CITY OF ASHLAND furthered." The consideration for the transaction may be cash, real property or both. [ORS 271.310(1 )]. ORS 271.310(3) further provides that real property needed for public use may only be exchanged for property which is of equal or superior useful value for public use. (While the finding that "the public interest may be furthered" can avoid this equal value requirement, it is required by State and Federal approvals). Finally, ORS 271.340 expressly provides that the value of the real property accepted by the City in exchange for any of its property cannot be less than the value of the property relinquished. In addition, County, State and Federal approval of the real property exchange is required. Because the Property was acquired using Land and Water Conservation Funds, State and Federal Park agencies must approve the exchange. Because the County's deed to the City reserved to the County a reversionary interest, it must be released by Resolution of the Board of Commissioners under ORS 271.335. The County will require a similar encumbrance on the new parcel. The Federal, State and County approvals must be addressed as conditions of approval, because the applications cannot be fully processed until the City approves the exchange under ORS 271.310. Although not part of the land exchange, the Development Agreement requires construction of City standard street access to the Dog Park and construction of the multi-use path (Greenway) at developer's expense. The applicant's attorney submitted the following draft findings concerning compliance with these criteria as part of an earlier draft of the Development Agreement (emphasis added): City's Council finds that the public interest will be furthered by the exchange of the City Property previously and currently utilized as access to City's Dog Park in exchange for the Williams Property owned by AFSG. Exhibit I, Sub-Exhibit N-l (Map). The Williams Property appears on City's Parks, Trails and Open Space Master Plan Map (a part of City's Comprehensive Plan) as Long-Term Acquisition Area "10". The real property exchange allows City to acquire a parcel of property (Williams Property) identified on City's Parks, Trails, and Open Space Master Plan's long term acquisition list since 2002. Acquisition by City of the Williams Parcel also provides City with the opportunity to extend City's multi-use path, which is part of the regional Bear Creek Greenway. The real property exchange also provides the public with additional scenic frontage along Ashland Creek. Further, acquisition of the Williams Property provides City with an opportunity to benefit the community by preserving and enhancing the riparian area along Ashland Creek. In contrast, the City Parcel to be exchanged herein currently serves as a sub-standard access for vehicles, pedestrians, and cyclists fro~ West Nevada Street to City's Dog Park and the Bear Creek Greenway multi-use "bike path". When the Verde Village Project is completed under this Agreement, access to City's Dog Park will be enhanced via fully improved public streets, approved and constructed to serve the Verde Village Project, while also serving as a safer and more efficient access to the City's Dog Park and the Bear Creek Greenway "bike path". The Bear Creek Greenway "bike path" connects the City of Ashland with the City of Central Point, and promotes the goal of "modal equity", in a time when the financial and environmental costs associated with petroleum resource dependence are under enhanced scrutiny. The real property exchange is described in Exhibit "1 "[Outline Plan Narrative] (at page 6) and Sub-Exhibits M and N-1 appended thereto. Concerning the monetary value of the exchange, Applicant's counsel offered: Page 3 of 10 CC Nevada 87 11.6.07.doc ~411 ._~ CITY OF ASHLAND On or about June 7, 2007, City received Appraisal Reports reflecting the respective value of the Williams Property and City's Dog Park Property. Exhibit 2 and Exhibit 3. These Appraisal Reports were commissioned by City, with the appraisal cost borne equally by City and AGFS. The appraiser was competent and experienced. The respective Appraisal Reports for the Williams Property and the City Property are attached as Exhibit 2 and Exhibit 3, and incorporated herein by reference. The Appraisal Reports were made available to the public prior to the public hearings before Planning Commission and Council. ... The value of the City Property to be conveyed to AFSG in connection with the real property exchange authorized by this Agreement is less than the value of the Williams Property to be conveyed to the City in connection with said real property exchange, as reflected in attached Exhibit 2 and Exhibit 3, incorporated herein by reference. City's approval of the real property exchange is approved based, in part, on the attached Appraisal Reports, and pursuant to ORS 271.310(1). City finds that the value of the Williams Property to be exchanged is $360,000. See: Exhibit 2 (pages J and 6). City finds that the value of the City Property to be exchanged is $ 101,000. See: Exhibit 3 (pages J and 6). City finds that the difference in value between the two parcels being exchanged is $259,000 in favor of City, based on the analysis and conclusions contained in the Appraisal Reports commissioned by City, attached hereto as Exhibit 2 and Exhibit 3, and incorporated herein by reference. AFSG agrees to "gift" the $259,000 difference to City, so that same may be used for the purposes of parkland, recreation, open space, or similar uses consistent with Jackson County deed restrictions contemplated for transfer as agreed below. The Council can find based on the evidence in the record, that it is necessary or convenient to exchange the Dog Park Property, that the exchange furthers the public interest, that the exchange will be for property that is of equal or superior useful value for public use, and that the monetary value of the real property accepted is not less that the monetary value of the property relinquished. 2. Plannine Action Summary of Application The land use application requires seven planning approvals. A summary of the application according to the required planning approvals follows. The approval criteria from the Ashland Land Use Ordinance (ALUO) are listed in parenthesis after each approval. The July 10,2007 and August 14,2007 Staff Reports included in the record provide further information on the project description, project impact and applicable approval criteria (see pages 231-248 and 112- 138 of the record). . Annexation (18.106.030) The application involves the annexation of an 11.64-acre site and subsequent development of approximately 10.40 acres. . C~mprel.enSi.-'e Pln- 1\,,- ~- ~nd '70-:- - ~hn-g- (1 0 ~ 00 fi6fi ~\ Ull 11 V 1<111 lH<lp <11 L., 11IU~ \...-1 <111 t:: 0.1 O.U U.D) The application includes a Comprehensive Plan Map and Zoning Map change from City of Ashland Single-Family Residential (R-I) to a combination of City of Ashland Suburban Page 4 of ] 0 CC Nevada 87 ]] .6.07.doc r~' CITY OF ASHLAND Residential (R-I-3.S) and Single-Family Residential (R-l). The Ashland Comprehensive Plan Map currently identifies the entire site as Single-Family Residential (R-l). The requested Comprehensive Plan Map and Zoning Change is for approximately 4.3S acres or 42 percent of the site to modify the Single-Family Residential (R-l) designation in the Ashland Comprehensive Plan Map to the Suburban Residential (R-I-3.S) designation. The location of the Comprehensive Plan Map Change is for Phase I, or the cottage and town home portion of the project to the west of Almeda Dr. and Canine Way. The remainder of the site would remain in the Single-Family designation. . Outline Plan Approval (18.88.030.A.4) The application requests Outline Plan approval to develop a 68-unit single-family residential subdivision. The units are a mixture of housing formats and sizes including 24 cottages, IS town homes and 29 single-family homes. The IS town homes are identified as affordable housing to meet the annexation and comprehensive plan map and zone change requirements. The project description states that the land with utilities and access constructed to the site will be donated to Rogue Valley Community Development Corporation (RVCDC) to develop as IS affordable units for the range of 80 to 100 percent of median income. . Exceptions to the Street Standards (18.88.050.F) The application includes two requests for Exceptions to the Street Standards. The first is to locate the multi-use path adjacent to the natural feature, being Ashland Creek, rather than a public street. The second exception requested is to use a private drive to access the cottages rather than the required public street. · Physical Constraints Review Permit (18.62.040.1) The application includes a request for a Physical Constraints Review Permit to locate a multi-use path in the Ashland Creek Riparian Preservation Area. The applicants propose to construct a multi-use path located in the Ashland Creek riparian corridor that would connect Nevada St. to the Bear Creek Greenway connection located in the Dog Park. The proposed multi-use path weaves above and below the biologically determined riparian zone and the uppermost top of the slope grade break. The multi-use path itself and the disturbance created by the construction is located largely inside of the biologically determined riparian zone. . Tree Removal Permit (18.61.080) The application includes a request to remove a 2S-inch diameter at breast height Oak tree (see tree 39 on Exhibit D-D, Sheet T -1, Revised Outline Plan, Book III-Narrative, revised October 24, 2007). The tree is an Oregon White Oak and located between proposed units 33 and 34. Revisions to Application The applicants submitted a revised application for the Council review (see Revised Outline Plan, Book III-Narrative, revised October 24,2007). The revised application includes a few Page 5 of 10 CC Nevada 87 I] .6.07.doc r~' CITY OF ASHLAND changes from the application which was reviewed by the Planning Commission. The revisions are described below. · Exception to the Street Standards to Install Curbside Sidewalks on Sander Way The revised application includes a redesign of Sander Way, the new street that would provide access to the eastern portion of the development. The redesign of Sander Way provides a parkrow between the curb and sidewalk on both sides of Sander Way (see Exhibit D-D, Sheet S-5, Revised Outline Plan, Book III-Narrative, revised October 24, 2007). The Street Standards require a parkrow to be located between the curb and sidewalk. Since the redesign of Sander Way meets the Street Standard requirement, the previous request for an Exception to the Street Standards to install curbside sidewalks on Sander Way is no longer included in the revised application. The application reviewed by the Planning Commission included a request to deviate from the Street Standards requirement by installing curbside sidewalks on both sides of Sander Way. The Planning Commission did not recommend approval of the exception request finding that this portion of the application did not meet the approval criteria for an Exception to the Street Standards (see Section 2.6 of the August 28,2007 Planning Commission recommendation, pages 30-59 of the record). As a result, the following condition was added in the Planning Commission August 28, 2007 Recommendation requiring a parkrow on both sides of Sander Way. If the Council approves the revised application, this condition is no longer necessary. 37) That a parkrow a minimum of seven feet in width shall be provided between the curb and sidewalk on both sides of Sander Way in accordance with the Ashland Street Standards and in accordance with 18.88.050. The Sander Way parkrow and sidewalk design shall be included in the preliminary street design in the Final Plan application. · Number of Units and the "Net Zero Energy" Performance Standard The revised application states that the 15 town homes can not be guaranteed to meet the "Net Zero Energy" Performance Standard. As a result, the current proposal is for 53 units (68 total units - 15 town homes = 53 units) to meet the "Net Zero Energy" Performance Standard proposed by the applicant (see Exhibit K-3, Revised Outline Plan, Book III-Narrative, revised October 24,2007). The town homes will be deeded to RVCDC to meet the affordable housing requirements for an annexation and comprehensive plan map and zoning change. The application states that "the Net Zero Energy and sustainable aspect of the Townhomes are dependant upon an additional grant, which RVCDC is pursuing." The number of units meeting the "Net Zero Energy" Performance Standard was not clear in the application reviewed by the Planning Commission. As a result, a condition was added in the Planning Commission August 28, 2007 Recommendation that required all of the 68 residential units to meet the performance standard (see below). !fthe Council approves the application, this condition may need to modified. Page 6 of 10 CC Nevada 87 116.07.doc ~;., CITY OF ASHLAND 26) That all of the residential units in the subdivision shall meet the application "Net Zero Energy" Performance Standard as outlined in Exhibit K-3 of the application Book III dated June 8, 2007. The Final Plan application shall include systems for measuring and monitoring compliance of the development with the Performance Standard that is administered by the applicants and verified by the city. . Cottage Front Yard Setbacks The front yard setback from the cottages fronting Almeda St. to the front property line was increased to 20 feet in the revised application (see Exhibit D-D, Sheet S-I, Revised Outline Plan, Book III-Narrative, revised October 24,2007). The front yard setback was increased to meet the front yard requirement for the R-I-3.5 zoning district (Suburban Residential). The previous version of the application delineated 15 feet from the cottages fronting Almeda St. to the front property line. Suggested Condition Modifications and Additions If the Council approves the application, staff recommends incorporating the conditions of approval included in the August 28, 2007 Planning Commission recommendation document (see pages 30-59 of the record) into the Council Findings, Orders and Conclusions. If the Council approves the development agreement, Findings, Orders and Conclusions will be prepared for Planning Action 2006-01663 and will be included in the development agreement. In addition, staff recommends the following modifications and additions to the August 28, 2007 Planning Commission recommendation because of the revisions to the application. Deleted text is shown with strikethrough and new text is shown with an underline. · Delete Condition 37 for Sander Way Sidewalk Design 37) That a parkro'.v a minimum of seven feet in width shall be provided bet\veen the curb and sidev.,'alk on both sides of Sander \'1 ay in accordance with the Ashland Street Standards and in accordance '.'1ith 18.88.050. The Sander Way parkro\',' and sidewalk design shall be included in the preliminary street design in the Final Plan application. · Possible Modification of Condition 26 Concerning Number of Units and the "Net Zero Energy" Performance Standard 26) That all of the a minimum of 53 residential units in the subdivision~ including the cottages, duplexes and single-family units, shall meet the application "Net Zero Energy" Performance Standard as outlined in Exhibit K-3 ofthe application Revised Outline Plan, Book III-Narrative dated June 8, 2007 revised October 24,2007. The Final Plan application shall include systems for measuring and monitoring compliance of the development with the Performance Standard that is administered by the applicants and verified by the city. Page 7 of ] 0 CC Nevada 87 ]] .6.07.doc rA' CITY OF ASHLAND · Sander Way Sidewalk The redesign of Sander Way includes a system of treatment wetlands and bio-swales for conveyance and treatment of storm drainage between the sidewalk and curb. The treatment wetlands and bio-swales are curvilinear and vary in width from seven to 25 feet in width. As a result, the sidewalk as shown in the revised application is located outside of the street right-of-way in some locations. Since the sidewalk is a component of the public street, it is required to provide public access. Staff recommends the following condition be added if the application is approved. 43) That the Sander Way sidewalks shall provide public access either by being included in the street right-of-way or having a public pedestrian easement as required by the Ashland Engineering Division. The Final Plan submittals shall be modified accordingly. · Conservation Division Recommendations The Conservation Division reviewed the "Net Zero Energy" Performance Standard proposed by the applicant (see Exhibit K-3, Revised Outline Plan, Book III-Narrative, revised October 24, 2007), and made four recommendations for revisions to the standard. Staff recommends adding these items as conditions of approval. The Conservation Division memo from Dick Wanderscheid, Electric Director detailing the recommendation is on pages 10-11 of the record. 44) That "Net Zero Energy" Performance Standard as outlined in Exhibit K- 3 of the Revised Outline Plan, Book III-Narrative revised October 24,2007 shall be revised as follows. · That all dishwasher and washing machines shall qualify for the State of Oregon tax credit and be selected from the list of Qualified machines maintained by the Oregon Department of Energy. · That each unit shall be provided with a photovoltaic system that is at least three kilowatts in size. In addition, all units will have enough available roof space to add photovoltaic panels that can provide enough electricity to offset the total energy use of the home on a BTU basis. · That the homes will meet a minimum requirement ofR-49 attic insulation for flat ceilings. · That the passive solar homes shall meet the State of Oregon's minimum requirements for the passive solar home tax credit. Page 8 of 10 CC Nevada 87 11.6.07.doc _.11 .,-~ CITY OF ASHLAND 3. Development A2,reement The land exchange and numerous land use applications are "bundled" in an ORS Chapter 94 Development Agreement. There are two reasons for this consolidation. First, the Development Agreement allows the Council and the public to consider in one consolidated review all the issues presented by the applications. Second, by using the statutorily authorized negotiated development agreement, a legislative decision, (i.e. you are not required to enter into a development agreement), you maintain and emphasize the discretionary character of the annexation question. That is, the expansion of the City limits will occur in an orderly fashion, with the City and Developer planning together in a contract, the logical and timely extension of urban public facilities and services. The negotiated agreement also permits you more flexibility; for example, exactions can be creative and negotiated where otherwise they would be subject to strict case law restrictions of Nolan and Dolan (i.e. rationally related to impacts of development and rough proportionality). The technical terms of the Development Agreement are in large part dictated by Oregon Statutes ORS 94.504 - 94.528. The Agreement provides protection to the Developer from the application of new laws, except where the agreement provides otherwise. The Agreement presents certainty about what the developer is expected to do and when. Exhibit F presents the Timetable of Development for this phased project. The Council should examine the timetable and note that public infrastructure, recreational improvements and affordable housing are scheduled early in the timetable. Exhibit E includes special conditions and incorporates all the staff conditions that are not otherwise required as part of the Code at final plan. There are some added "risk management" provisions in the Agreement to protect the City from liability and reservation of legislative power. The agreement also incorporates a real property exchange (purchase /sale) that is triggered only after the required Federal, State and County approvals of the land exchange (this probably needs refinement). Similarly the Council should note in Section 16, that there is an order to the approvals, conveyances and annexations. The Federal, State and County approvals are prerequisites to the land exchange, as is construction of the multi-use path in the riparian area. Similarly, the annexation request requires three ordinances and must occur in the order provided in the special conditions. Vertical construction ofthe project units cannot occur prior to conveyance of the deed to the affordable housing provider. The Development Agreement is approved by Ordinance. The Ordinance will contain the Agreement, as well as supporting Findings of Fact, Conclusions of Law and Order for P A- 2006-01663 and Findings of Fact, Conclusions of Law and Order for the land exchange. Related City Policies: None Council Options: The Council may approve, approve with modifications and conditions, or deny the development agreement including: 1) approval of the proposed land exchange pursuant to ORS 271.310 -271.350 to dedicate approximately 2.78 acres adjacent to Ashland Creek to the city for parks purposes in exchange for approximately 1.54 acres of the Dog Park access area, and 2) approval of Planning Page 9 of 10 CC Nevada 87 11.6.07.doc ~.l' Action 2006-01663 for the annexation and development ofthe properties located at 87 W. Nevada St. and 811 Helman St., consistent with ALUO criteria for an Annexation in 18.106.030, Comprehensive Plan Map and Zone Change in 18.1 08.060.B, Outline Plan in 18.88.030.A.4, Exception to the Street Standards in 18.88.050.F, Physical Constraints Review Permit in 18.62.040.1 and Tree Removal Permit in 18.61.080. CITY OF ASHLAND Potential Motions: Move to declare by Ordinance the approval of a ORS Chapter 94 negotiated development agreement including: I) approval of the proposed land exchange to dedicate approximately 2.78 acres adjacent to Ashland Creek to the city for parks purposes in exchange for approximately 1.54 acres of the Dog Park access area, and 2) approval of Planning Action 2006-01663 for the annexation and development of the properties located at 87 W. Nevada St. and 811 Helman St. Move to declare by Ordinance the approval of a ORS Chapter 94 negotiated development agreement with modifications and conditions including: I) approval of the proposed land exchange to dedicate approximately 2.78 acres adjacent to Ashland Creek to the city for parks purposes in exchange for approximately 1.54 acres of the Dog Park access area, and 2) approval of Planning Action 2006-01663 for the annexation and development of the properties located at 87 W. Nevada St. and 811 Helman St. List modifications and added conditions: Move to deny the request and not declare approval of an Ordinance approving the development agreement including: 1) approval of the proposed land exchange to dedicate approximately 2.78 acres adjacent to Ashland Creek to the city for parks purposes in exchange for approximately 1.54 acres of the Dog Park access area, and 2) approval of Planning Action 2006-01663 for the annexation and development of the properties located at 87 W. Nevada St. and 811 Helman St. Attachments: Appraisal for the Dog Park Property, June 22, 2007 Appraisal for the Williams Property, June 22, 2007 ORS 271.310 - 271.350 (Land Exchange Requirements) Record of Planning Action 2006-01663,87 W. Nevada St. and 811 Helman St. Draft Development Agreement Letter from Davis Hearn Saladoff and Bridges Page ] 0 of ] 0 CC Nevada 87 ] 1.6.07.doc r:., Attached are additions to the Verde Village packet., received after the November 6., 2007 Council Meeting. Please refer to your November 6, 2007 packet for all other attachments. CITY OF ASHLAND Memo DATE: TO: FROM: RE: November 14,2007 Planning Staff Dick Wanderscheid Revised Verde Village Condition After discussing the Verde Village Energy Efficiency and Renewable Energy systems with Christopher Dymond of the Oregon Department of Energy, the Conservation Staff would like to revise the condition we proposed as a condition of approval of the project. Recognizing that it isn't feasible to install a 3 kW PV system on the smaller homes and cottages we feel that the following condition is more appropriate. "That each home that would be built to the standards encompassed in the applicant's Exhibit K be provided with a PV system that is either 3 kW's in size or produces 1.5 kWh's I Sq. Ft/ Yr. whichever is less, and also be provided with enough available south facing unshaded roof space to double the size of the PV system." This revised condition should ensure that these homes will be outfitted with a reasonably sized system at construction but would also allow future owners the opportunity to increase the system size in the future if they so desire. Also this condition can easily be quantified and enforced by the City upon construction of this development. Electric Depl. 90 N Mountain SI. Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5357 Fax: 541-552 2436 TTY: 800-735-2900 r;., CITY OF ASHLAND Memorandum DATE: TO: FROM: RE: November 14,2007 Mayor and City Council Richard Appicello, Assistant City Attorney Development Agreement for Verde Village This morning I met with Attorney Chris Hearn concerning the letters from his firm concerning the draft development agreement. Generally, Mr. Hearn and I agreed on language to address most of the issues and concerns presented. 1. Several typographical errors were discovered and will be corrected. 2. It was agreed and understood that the order set forth in Section 16 is generally correct and follows a logical progression of required approvals. The agreement does not expressly mandate the order specified be followed exactly as it is only a list of approvals required. Certain orders and dates are specified in Special condition 2 and the timetable of development for the project. Physical construction of Phase 1 cannot occur prior to Federal, State and County approval of the land exchange, among other things.) (11-13-07 Davis letter 16.A) 3. It was agreed and understood that the timetable of development requires completion of the multi-use path by a date certain. Section 16, item 16 does not impact this requirement. The Development Agreement already provides flexibility as regards the completion date with an allowance for 12 month internal timetable amendment consistent with outline plan amendment procedures. If the Owner would like to convey the recreation parcel to the City (concluding the land exchange) prior to construction of the multi-use path improvement, then the improvement and restoration will need to be secured with a contract and security instrument, consistent with the timetable of development. Language will be adjusted to address this issue. (11-13-07 Davis letter 16.B) 4. It was agreed and understood that the conveyance of the affordable housing tract is required prior to any vertical construction. (11-13-07 Davis letter 16.C) 5. It was agreed and understood that the requirement to complete the affordable housing project within 5 years of approval of the Development Agreement was a condition imposed by the Planning Commission. (Exhibit E ConditiOn! and Exhibit F, page 2.) It was agreed that the Council could alter this deadline, but for internal consistency condition 1 should allow for use of the administrative extension because this is an internal timetable deadline. (11-13-07 Davis letter page 2 .A) 6. It was agreed and understood that the Council has the power to accept or reject an offered dedication or conveyance of the affordable housing tract. In the event of a rejection, Owner will be required to convey to another not for profit organization to meet affordable housing requirements of the code; owner is not required to actually construct affordable housing. Language will be revised to clarify this intent. 1 ria' (11-13-07 Davis letter page 2 B.) 7. It was agreed and understood that Exhibit F is actually a binding timetable of development and has a set order, subject to approved internal amendments.. Section 16 is only a list of approvals required, generally in logical order. While actual closing of the exchange may be delayed to accommodate construction of public improvements without bonding, physical construction does not occur until federal, state and county approval of the land exchange. The project is not designed to go forward with a discrete phase one if the exchange is never approved, so construction cannot occur without approval. (11-13-07 Davis letter page 2 F.) 8. It was agreed and understood that the requested changes to the real property agreement (Exhibit G) can be generally accommodated. 9. It was agreed and understood that the two remaining changes in the November 1 letter will be addressed with some mutually agreeable language. RA 2 ... . . . . . . Ell c;oMMUNITY DIIIELOPI"INT c;o_TION RoGUE V AL.LEY CDC "SUlLDIN5 HOMES " CHAN5IN5 L/W&" PO Box 1733 Medford, OR 97501 T 541.734.2355 F 541.245.6966 WWW.rvcdc.com rvcdC@grrtech.com BOARD Floyd Pawlowski President MIchael Travis vrce PrwIdent RaeLynn Barker SKI'8tIIIy Clara Rowe T....".,. Dona Mltrany s."eant 1ft Alms Fred Berger Rebecca Brown Clay CoUey Jabbar Franklin Sam Fung Fred Lucas Joan Mlddendorff Dwayne Murray John SteUer STAFF Andrea Miranda Director, FInance and Operations John Wheeler Director, AcquJsltJons and Construction Roxana Zepeda Homebuyer Services Coordinator Alan Bowes Bookkeeper LayneMoreH Youthbultd Crewle8der To: Maria Harris Senior Planner - City of Ashland November 8, 2007 Maria, I would like to clarify a few things about the Verde Village project as it pertains to the affordable housing in the development. Before I begin, I would like to say what a wonderful opportunity this is for Rogue Valley CDC, our clients, and for our community. To be in a position to provide 15 affordable home ownership opportunities for the community is a wonderful thing. We are very pleased and honored that the Williamses are intending to donate land to our organization and thankful that the City of Ashland supports affordable housing. I would like to address a few items that have come up in the public meetings with the Planning Commission and the City Council: First is the issue of spreading the affordable units throughout the development. Since we are plann1ng use a Land Trust to keep the homes affordable for 99 years, it is easier if we can group the homes all together. Also, since we are building these with sweat equity in a Mutual Self Help program, it is much more logical to keep the houses close to one another. We also are trying to design integrated units that will assist each other in keeping the energy usage to a minimum. So I would like to see all the homes stay together in the development. Secondly, I would like to ask that we are not required to put playground equipment on the "open space" that will be near the townhouses. The liability potential is too great for us to have a public playground on the property. Lastly, I would like to clarify our position on "net zero energy" for the affordable housing part of this development. We intend to build these homes to be as energy efficient as we possibly can, but we don't feel that we should be held to anything but code for energy efficiency. The most important thing we can do when building affordable housing is keep it affordable. With that in mind, we always build well insulated, smaller, energy efficient homes with low flow plumbing fixtures and energy star appliances so our fiunilies can afford their utilities, and we plan to go even further with these homes. If this project is approved, we will immediately sign Solarc Architecture and Engineering to design our townhouses. They will be designed to be as green as possible, but we don't know if we can afford the photovoltaic and other costly systems required to make them ''net zero". We are looking at writing grants to help fund green engineered systems for water and energy, but they are not a guarantee. At the very least, we will design the building to be easily upgradeable in the future. We just don't want to jeopardize the affordability of the homes with a ''net zero energy" standard applied to the affordable homes. Thank you for all of your hard WOIK on this project. I look forward to seeing you on the 20th. RECEf\lED NOV 1 3 2007 Wheeler r, Acquisitions and Construction C~"'(Jf !l'~: ..:.... Comii..~i,i;i': DF."'~IOPm.t -4. Th' . stituti. I rt ity r "d @ - . . IS In on Isanequa oppo unproVl er. _ ------.:1( ~Oo/C",a:-R;teedback---O-------------------O-----------O-O---=_~~=~_- ---------------------------------------0-----------------Page-1- I '3S ~ From: To: Date: Subject: Richard Appicello Barbara Christensen; Bill Molnar; Maria Harris; Susan Yates 11/7/20075:10:44 PM Fwd: Re: feedback Richard Appicello Assistant City Attorney City of Ashland, OR (541) 488-5350 - PHONE (541) 552-2092 - FAX TTY 1 (800) 735-2900 appicelr@ashland.or.us This em ail transmission is intended for the recipient as indicated above. The information contained within this document is confidential. Unauthorized distribution of the contents of this document, in full or part, is strictly prohibited. If you have received this message in error, please notify me immediately by telephone at (541 )552-2091. >>> David Chapman <DavidChapman@AshlandHome.net> 11/07/07 10:52 AM >>> Hello Risa, During the process of a Council decision on a land use issue, we all need equal access to information and that controlled, in part, by the disclosures of "ex parte contacts". The content of your note and my response needs to be included in the record so I am going to copy Richard Appicello and Martha Bennett. (Risa Buck is a member of our Conservation Commission and I am its current Chair.) You can tell from the above that we can not talk about the specifics of this project. However, in general, the Council is very interested in sustainability issues. We all have some holes in our knowledge, but I am confident that we will be able to discover what we need to know during the process in order to make our decisions. We (and the Planning Commission) will need to do some exploring before we tackle the comprehensive plan. As a start, it's about time for the Conservation Commission to address the Council. We could take a look at what should be presented. Thanks Risa, for your observations, David WasteNot wrote: > hi david > i had some thoughts my participation in the audience of the city > council meeting last night. [------------------------.- -----. ----~--------~-------------------------- ------.---------...------.- -----._---- --- Susan Yates - Fwd: Re: feedback . .. . . . --------------------- __.n___.__________________________.________________..._________>_____._ > it occured to me after listening to some of the > comments/questions/concerns from the councilors that it could be > benificial for the conservation department to give a quick > presentation - 8 minutes each from larry, cathy and robbin that would > inform councilors about water, electric and building conservation > definitions and efforts that the city has been pursuing. > without this information, it makes it more difficult for councilors to > grasp some of the concepts of sustainability. > i think it would be helpful (for the process and to be more informed) > if councilors had some knowledge about passive solar design, > orientation necessary for photovoltaics, things like that. also, if > brandon from affordable housing could explain the way funding works > for this type of housing- grants, financing ect... it might aid in > understanding how/why (for example the verde village project- > affordable housing part) would not be able to commit to the "green > aspect" of the project until approval by the city is reached. > it also occured to me that once the councilors understand more deeply > about sustainable practices and some of what is involved, it might > become more apparent that the existing comprehensive plan falls short > in its ability to support sustainable developments and progress within > the city. > let me know what you think. > best > risa ---------- ...ge2 Penelope C. Martens P.O. Box 664 * Ashland, OR 97520 (Voice) 482-1158 * (Cell) 261-0898 * (Fax) 482-7676 October 29, 2007 Dear Ashland City Counsel Members: Thank you for the untold time & energy that you all give as members of our City Council. Despite negative press lately about communication problems, YOU HA VE MY RESPECT. Again, I thank you. Your November 6th Agenda includes the review of a future building project called VERDE VILLAGE, to be located near the current location of Ashland Green Houses, on Nevada St., near Hellman, currently owned by Greg & Valri Williams. I've been following this project closely. After numerous meetings, discussion & research, it's been blessed by the Planning Commission and referred to you, the city council, for final approval. If you've seen recent movies, read scientific research & heard experts lecture about our need to protect our planet's ecological future, you, too, may be moved to do MORE about planetary warming that is practical, not just lip service! Yes, we've established the Dept. of Energy Conservation & offer city tax credits & rebates for folks who buy or build "green" homes and/or appliances. That's fine, but we need to go much farther! It is my deepest wish that we, as a community, and you, as our council, look at the project called VERDE VILLAGE with an open & positive attitude. VERDE VILLAGE, ifbuilt, will be a star in Ashland's crown. As a whole community of "green" -built homes; it will be a shining example for future home builders, designers, developers & planners of the state, the nation ... even the world. Unlike non-resident, profit-hungry developers, who fly in, rape the land, pocket their riches & leave, Valri & Greg Williams, whose family has lived in Ashland for over 100 years, are one of us. The imagined obstacles to building VERDE Village have already been carefully addressed with the surrounding neighbors, the legal counsel for the city, Oregon's Department of Energy & many, many "green"-building experts, as mentioned in the documented plans offered by Greg & V alri Williams. i(~) B~C[l\'ED l' " e,,/ of P.shiimd Community DuvGlupme-nt Please say yes to this project. Help us establish Ashland as one of the first cities boasting a whole community of highly energy efficient homes. Think about it. We'll be known for OSF, AIFF, SOU & VERDE VILLAGE. Yours truly, ~~-- Penelope (Penny) Martens Member of the Quiet, Voting, Tax-Paying, Law-Abiding Majority of Concerned Ashland Citizens! Nov 13 2007 10:47AM -----.-----r-...-.-- I ~ i . , i I ! HP LASER JET FAX p_2 JACK DAVIS CHRISTIAN E. ~EA - SUSAN VOGEL S DOFF:!; JENN1FERA. BRIO ES C CASEY WHITE- __...-1)AYIS-HEARN SALADOFF~RIDGES A T TOR N E 'i s' tA T LAW 806M 5. DAVIS - Rotir!ld SIDNEY E. AINSWORiH (' 927-2003) DONALD M P1NN OCK - Retired DAVID V. GILSTRAP. REotired ! i . Also Admilt8d to) Pr8 ti08 In CA i tAIooAcinitted!DPr clio.. in DC. MD, F'AIolM ~ I i I I I I Established 1953 A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 9752Q (541) 482-3111 FAX (541) 488-4455 YIW'N. davis hearn .rom November 13,2007 i i , i i i I I , RIHARD A*PICELLO AS ANDLEGALDEPARTMENT I . FACSIMPfE TRANSMISSION 552-2092 I Re: Verde Village Development Agreement De4r Richard'l ~ i Thi~. letter su~plements my letter of November 1,2007. In addition to the matters mised there, pIe have # Council consider the following. ! i I DEVELOPMENT AGREEMENT r i Sectio~ 16: ! A. Ti' following would replace my reference to Section 16 in my earlier letter. Please ad a sentenc that the order of the 28 items is not mandatory. Many of these items are in the wr ng order d the occurrence of events in the future may impact the matters, It is certain Ph e One wi~l be developed while the exchange is still being considered for approval and there wii be no im*ovements on the exchange property or Phase Two until the exchange is co pleted. I I B. Ite~ 16 should contain the language permitting a surety bond or cash deposit in lieu of pletion o~those improvements. I C. In ftem 1&, add, "of Phase Two" after "vertical construction". I I I I , I I I Nov 13 2007 10:47AM HP LASER JET FAX p.3 Pag -2- I' I I ! ~ Sectio~ 1. 2nd Paragraph: I ~ ' ~ A. Ple!ase change "of this approval" to "of approval by all applicable government ent~ies" in th~ fourth and fifth lines. ~ ; t B. Th~ last sentence will have to be removed. The Owner is unwilling to accept the Obl~.gg:ation to ~rovide affordable housing if the land reverts. If the Owner conveys the property to the Fity, the Qity does not have the option to reject that offer. This is consistent with the deCision ofthJ Planning Commission. r i i i ! ~ t f EXHIBIT E EXHffiIT F AgainJ please add a statement that these steps will not have to occur in the order indcated. Thhe is agreement that there will be annexation of the West parcel, then closing of the xchange,Jthen annexation of the East parcel with donation of the land to the RYCDC. That IS e only or~er to which the Williams have agreed. ~ i , ' I Sectio~ 3: Just to clarify, please add the following sentence at the end: "The donation amtunt will bF equal to the difference between appraised values of the two properties." · Sectio~ 4: Sixty business days is three months and quite unworkable for the Williams. Thre is no re~son why the parties could not go through their approval of title reports and "due dili ence" re~ding the properties at the outset so that this deal can be closed 30 days following rec ipt of f1n~ approval from all government entities. I Sectioh 5 (a)(ii): Along those lines, please change the deadline for issuance of the title rep rt to 30 cU.ys following execution of the agreement. : I Sectioh 5(a)(iii): The same deadline should apply to delivery ofthe Investigation Do wnents. <bbviously, there should not really be any investigation documents to bother with. Th underpiru?ing for this new timeframe is the fact that neither party can withdraw from this ex ange aftet the Application has been submitted to the State Parks Department. All conditions pre edent sho~d expire by then. i I I I EXHIBIT G DAVIS. HEARN SAlADOFF & BRIDGES .... Profe$sional Corporation 515 EAST MAIN STREET ASHLAND. OREGON 97520 (541j 462-3111 FAX (5~ 1) 466-4455 Nov 13 2007 10:47AM HP LASERJET FAX p.4 I pagb -3- ~ i ! Sectioq 12(b)(vi): Though AFSG is currently the owner of the property, the agreement Id recogn~ze that it intends to convey the property to another party as part of its development pI prior to c~msummation of the exchange. This agreement should contain the usual provision tha it will be binding on the successors and assigns of the parties. i I Ag<lin, please ponsider this letter as an addition to my earlier letter and to all submissions from my artner, Cljrris Hearn. I I s truly, ! DOFF & BRIDGES, P.C. ! I JAtKDAVI : jc ! i I Chris Hearn cheam@davishearn.com Greg Williams greg@verdevilla.g.e.net Valri Williams valri((Uashlandgreenhouses .com i I I ! cc: DAVIS, HEARN SALADOFF & BRIDGES ... Professional Corporation 515 EAST MAIN STREET ASHLAND,OREOONETS20 (S41i482-3111 FAX(541~4B8-4455 City of Ashland, Oregon - Agendas And Minutes Page 1 of 4 CitY-QLAsbland. Oregon / Commissions & Committees / Parks & Recreation Commission Monday, June 25, 2007 City of Ashland PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES June 25, 2007 Adol 4:> tle.rd e.- t/> I far ~ ~ck:, I- b,.:s C-'-\.S %lJD^ ~ia.rrs.. -p~e- Z. . Executive Sessions Employee Negotiations ORS 192.660 (1)(d) Real Property Acquisition ORS 192.660 (2)(e) ATTENDANCE Present: Commissioners Eggers, Gardiner, Noraas, Rosenthal; City Council Liaison Navickas; Director Robertson; Superintendents Gies and Teige Absent: Commissioner Lewis CALL TO ORDER Eggers called the regular meeting to order at 7:15 PM at Council Chambers, 1175 E. Main. APPROVAL OF MINUTES SJudy Session - MayJQ, 2007 Under "Budget Review," Eggers requested that the sentence referring to documentation be rephrased as: "Eggers requested clarification about whether documentation existed for that arrangement and Bennett stated that the City honored the agreement despite lack of documentation of a formal arrangement. " MOTION Rosenthal moved to approve the minutes as amended. Noraas seconded the motion. The vote was: 4 yes - 0 no Special Meeting - May 15..2007 Under "Proposed Budget Recommendations," Eggers requested that the sentence referring to her disclosure of meeting with public officials regarding the Parks budget read, "Eggers disclosed that she met with Mayor Morrison and spoke with Councilor Hartzell [who previously spoke with Hardesty]." MOTION Gardiner moved to approve the minutes as amended. Rosenthal seconded the motion. The vote was: 4 yes - 0 no Regular Meeting - May21 , 2007 Under "Subcommittee and Staff Reports," Eggers requested that the sentence referring to commissioners attending state and national conferences more accurately reflect that: "Eggers expressed reseNations aboUl the value of the NRPA conference compared to the cost to Ashland taxpayers." She also asked that the minutes reflect that she expressed support of training opportunities for staff and commissioners. MOTION Gardiner moved to approve the minutes as amended. Noraas seconded the motion. The vote was: 4 yes - 0 no PUBLIC PARTICIPATION OPEN FORUM http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=31 09&Print=True 11/15/2007 City of Ashland, Oregon - Agendas And Minutes Page 2 of 4 None ADDITIONS OR DELETIONS TO THE AGENDA None UNFINISHED BUSINESS None NEW BUSINESS PROPOSED LAND SWAP, VERDE VILLAGE Robertson reported that local property owners Greg and Valri Williams requested a land swap between the City of Ashland and the proposed housing development, Verde Village. He indicated that the developer proposed trading 2.59 acres of private land, appraised at $360,000, in exchange for 1.3 acres of City land, valued at $101,000. The City-owned land was identified as containing the entrance road to the Dog Park, a section of the Bear Creek Greenway, a grass-covered area, and the restroom adjacent to the property while the private land was reported to include a stream corridor for Ashland Creek, wetlands, and a new trail route for the Bear Creek Greenway. He said that a new entrance to the Dog Park would result from a new road system if the proposal were to be approved. Robertson emphasized that the commission's responsibility was to consider whether the proposed swap would benefit or hinder the Dog Park and/or the Bear Creek Greenway and to answer question number two contained in the staff memo: "Is the proposed land swap of equal or greater recreational value than the land originally purchased with the Land and Conservation funds?" Robertson said that the proposal required additional approval by both state and county representatives. Discussion Among Commissioners Noraas asked about maintenance requirements for the potentially swapped land and Robertson said it would be a low maintenance area but would require sensitivity in the riparian area as well as some non-native vegetation removal. Eggers invited commissioners to ask questions of Kerry KenCairn, landscape architect for the project, who was in attendance and spoke briefly about the project. Gardiner disclosed his friendship with landowner Williams and said he had reviewed the project many times. He stated that access to the Dog Park and the bike path through the creek/Greenway area would be an improvement over the current arrangement and would fit perfectly with the commission's goal of providing continued access to the creek and serving as stewards of the land. Noraas said that the plan would provide better recreational opportunities than the current situation and that the land, some of which is located in a floodplain, did not appear to pose flooding problems. Rosenthal and Eggers spoke favorably of the proposal in terms of providing increased recreational value over the current arrangement. MOTION Noraas moved to recommend approval of the proposed land swap to the Ashland City Council. Gardiner seconded the motion. The vote was: 4 yes - 0 no ULTIMATE FRISBEE REQUEST Robertson reported that Derek Volkart requested the use of the North Mountain Park playing fields in May 2008 for an Ultimate Frisbee tournament called "Cramp Up." He invited Volkart to speak to the commission. Derek Vol kart, P.O. Box 3384, stated that the tournament had been held on SOU fields in past years but a recent shift in the university's fields policy required organizers to seek other options. Discussion Among Commissioners Commissioners asked Vol kart a number of questions about the game and the tournament. Volkark provided an overview of the game and stated that the tournament typically draws up to 300 participants. Robertson said that if Vol kart required both the softball and baseball fields in May, a fence would stand between them and pose an obstacle to tournament play. He reported that high school spring baseball was the commission's http://www.ashland.or.us/Agendas.asp?Display= Minutes&AMID=31 09&Print=True 11/15/2007 City of Ashland, Oregon - Agendas And Minutes Page 3 of 4 first priority with field scheduling during that time. Rosenthal asked about the game's impact to turf, especially in rainy weather, and Volkart stated that players wore turf shoes or soccer cleats and field impacts were similar to those of soccer games. Commissioners directed staff to work out the scheduling details with Volkart for the North Mountain Park fields and to notify them of the outcome. Robertson volunteered to speak with the schools about their field availability. RVTV CABLE TELEVISION CONTRACT RENEWAL Robertson reported that the existing two-year contract with Rogue Valley Television was set to expire. He reminded the commission of the services provided under the $5,150 contract, including broadcasts and tapings of the regular commission meetings and archiving of meeting tapes, as well as 14 additional hours of programming, and said that the contract had not changed from previous years. He talked about highlighting various Parks Department recreational and trail maintenance activities and said that the new Promotions Coordinator would be able to work with RVTV to fully utilize their resources for the benefit of the department. MOTION Gardiner moved to renew the contract with RVTV in the amount of $5,150 over the next two years. Noraas seconded the motion. The vote was: 4 yes - 0 no 07-08 COST-Of-LIVING ADJUSTMENTS Robertson stated that in June of each year the commission typically reviewed Parks salaries and determined whether to provide cost-of-living increases for all regular Parks staff members. He said that COLAs were generally tied with West coast CPI figures and indicated that the figure in May was 2.8%. He reported that Parks staff requested that a portion of their COLA, if granted, be placed in an HRA VEBA program [Iong- or short-term pre-tax deferment for medical expenses]. MOTION Noraas moved to approve a 2.8% cost-of-living adjustment for the regular employees of the Ashland Parks and Recreation Commission. Further, one-third of the adjustment to be deposited on behalf of the employees in a Health Reimbursement Arrangement / Voluntary Employees Beneficiary Association Plan [HRA VEBA] account, effective July 1,2007, and Don Robertson, Director of Ashland Parks and Recreation, to be given authorization, on behalf of the commission, to execute all documents of the HRA VEBA and cost- of-living increase. Rosenthal seconded the motion. The vote was: 4 yes - 0 no SUBCOMMITTEE and STAff REPORTS Teige reported that all summer recreation programs were in full swing, including tennis and swimming lessons, and the first "Movie on the Range" of the season was scheduled for Friday, June 29. ITEMS fROM COMMISSIONERS Eggers asked that Parks staff reinforce to the Fourth of July Committee the parking / food and liquid waste requirements within Lithia Park. UPCOMING MEETING DA TE(S) and PROPOSED AGENDA ITEMS · Study session set for July 16 at 7:00 PM-Parks office, 340 S. Pioneer. Topic to include: · Climate Change Presentation · Regular meeting set for July 23 at 7:00 PM-Council Chambers, 1175 E. Main. Topic to include: · Ashland City Band Fundraising Request ADJOURNMENT - By consensus, with no further business, Eggers adjourned the meeting at 8:50 PM. Respectfully submitted, Susan Dyssegard, Ashland Parks and Recreation Department http://www.ashland.or.us/Agendas.asp?Display= Minutes&AMID=31 09&Print=T rue 11/15/2007 1m) I co -;~-~:;---~!,n_-_n_-'i';~ -r:~,i I n I r."'. !'. I'" ! I ,,' in I, I u -, I Lll ,- I. I il'l I '-.. ' , "'! I \: ~~ hIU"'V' I' " /i'/117 1III It., ! ll! I ~ , , 'l' " I'" I,. I I ' .. -' I' t ..l.' -. , I , I . J l~L-:::=~:-.::.~-==,=:_.:...~-==~,-=---==J Mr. Mayor and City Councilors: I intended to deliver the enclosed testimony during the public hearing portion of the Nov. 6 council meeting, but, as you will recall, most public comment was postponed until the Nov. 20 meeting. I cannot attend that meeting, so I am submitting my comments in writing. Thank you in advance for giving my remarks your attention and consideration. Thank you. n ~ \ ~/ 7~ Tom Pyle Good evening. My name is Tom Pyle. My wife and I live at 2298 Camp Baker Road, just outside Phoenix. I know you would prefer to hear from Ashland residents so I would open by saying that changing our address to one in Ashland is very high on our list of goals for the near future. My wife and I moved to Ashland in 1969 and raised our family here before moving to our current home 30 years later. We moved to the country because we thought we wanted a taste of rural life, the chance to have some open space, a big garden and so on. After eight years of an endless cycle of watering, mowing and weeding, I can truly say rural life doesn't taste all that great to me. I miss Ashland. I was actively involved in community affairs while living here and remain so concerned about the welfare of the city that I still watch the city council, planning commission and parks commission meetings on TV. I think that says something about my state of mind nowadays. My wife and I feel Verde Village would be an ideal place for us to live. We are both retired and on what amounts to fixed incomes. Verde Village would provide housing that is both affordable and suited to our preferred style of living - smaller houses on smaller lots with smaller gardens, meaning less watering and fewer weeds. Also, we would be within walking distance of our son and his family and downtown Ashland, as well as the dog park and bike path, which we already use quite often. Community development staff conducted an exhaustive and very thorough review of the Verde Village project and all its complexities. The planning commission then scrutinized the application and endorsed it by a near-unanimous vote. It is my hope that the council will direct its attention to the major issues of annexation, zoning change and land exchange and save itself the trouble of delving into all the details staff and the planning commission have already dealt with. As a former Ashland parks and recreation commission member and chair, I have a special interest in the proposed land swap and extension of the multi-use path. In my opinion the city and its parks system would come out way ahead in the deal. The current parks and recreation commission has also enthusiastically endorsed the land swap and long-sought improvements to the multi-use path. This is one of those "everybody wins" scenarios that we all hope for but rarely see actually happen. Also very rarely seen is a project designed with so many energy and water- efficient attributes. Verde Village is a textbook example of the right way to go about building a project the community can be enormously proud of. I hope you will give it your unequivocal endorsement so that it may soon become a reality. ~YpLc- CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: First Reading of an Ordinance Amending the Ashland Municipal Code Chapter 2.04, Rules of the City Council November 20, 2007 Primary Staff Contact: Admi 'stration E-Mail: Secondary Contact: Estimated Time: Ann Seltzer seltzera@ashland.or.us Richard Appicello 30 minutes Question: Does the Council wish to adopt an ordinance amending the Ashland Municipal Code 2.04 Rules of the City Council? Staff Recommendation: Staff recommends the council discuss the topics raised during previous meetings (see below) and determine which should be added to the draft ordinance and then approve the first reading of the ordinance with the identified additions. Background: At the November 6 City Council meeting the council approved the addition of new language submitted by Councilor Hardesty for 2.04.080 Section D. The attached draft ordinance reflects that change. At the City Council meeting on September 25,2007, the council reviewed the most recent draft of Rules of the City Council and directed staff to prepare the draft as an ordinance except for the three sections that relate to Commissions, Committees and Boards (sections 2.04.090, 2.04.100, and 2.04.110 of the attached ordinance). Councilor Chapman has prepared a draft of these sections for council review. Staff was directed to include these sections as placeholders in the revised AMC 2.04 until furtherreview of Chapman's draft. The Council Committee on Rules has met ten times over the past twelve months. The committee reviewed the current language and studied council rules ordinances from other Oregon cities. The group identified areas to expand upon and new language to add. The draft ordinance reflects the input and the language agreed upon by the group over the past year. Previous Discussion Topics The following topics were raised and discussed during previous meetings. Staff is seeking direction from the council whether to include these in the ordinance. They are listed below and as margin comments in the draft ordinance. 1) Adding a sentence to 2.04.030 Agenda Section D (page 5) to read as follows" "Any topic may be added to an agenda by a majority vote of the Councilors present. Generally these items should be limited to items of timeliness or emergencies." Page 1 of 3 11 20 07 Council Rules communciation .doc r.l' 2) Adding "The Mayor and council members..." to Section D 2.040.080 Conduct with City Employees (page 9) to read as follows:. "The Mayor and council members should strive not to criticize any person in a public meeting or in public electronic mail messages. The same expectation applies to City staff in the exercise of other official duties. Nothing should limit the Mayor, a council member or staff person's right to report wrongdoing. " 3) Adding "State of the City" to Section 2.04.050 Order of Business (page 6) to read as follows: "At the first meeting in January, after roll call, the presentation of the Mayor's State of the City Address shall be first in order." 4) Deleting the second paragraph of Section 2.04.120 Council Expenses (page 10) and replacing it to read as follows: "Councilors are required to submit all statements as required by ORS 244." 5) "No member shall speak twice on a motion on the floor...." 2.04.020 Section K.(page 4). This is in current council rules AMC 2.04.060 and in Chapter 2 Section 4 of Roberts Rules... Section 2.04.020 Section H Robert's Rules of Order states that Robert's Rules of Order shall be the authority for government ofthe Council during its sessions, when not in conflict with the City Charter and these code rules. Failure to strictly follow Robert's Rules of Order shall not be cause to void or otherwise disturb a decision or action of the Council. The council will strive to be clear in its proceeding. Leaving 2.04.020 Section K as currently written means that even if Robert's Rules of Order are not strictly followed, "no member shall speak twice on a motion on the floor" is still required because it is a separate rule. Additional Comment After your previous meeting, Vicki Aldus contacted City Staff to express concern about the language about confidentiality of matters discussed in Executive Sessions. Ms. Aldus followed up with an e- mail that is attached to this memo. She suggests eliminating the following two sentences from 2.04.02, Section D. (bottom of Page 2): Media representatives are allowed to attend Council executive sessions subject to the understanding that information from such meetings, which is the proper subject of an executive session, will not be reported. Councilors and staff should not discuss executive session matters with the press following adjournment of the executive session, because to do so may permit the press to report on the matter. And replacing them with this sentence: "At his or her discretion, the mayor, councilors or a city staff member may discuss appropriate details of executive sessions with members of the media." CITY OF ASHLAND If the Council wishes to make a modification to the rules to address this concern, staff suggests that the Council more formally designate a member of the Councilor staff to provide a summary of executive session matters to the press. Staff recommends the Council consider the following language: Media representatives are allowed to attend Council executive sessions subject to the understanding that information from such meetings, which is the proper subject of an executive session, will not be reported. Councilors and stuff should not discuss exccutive scssion matters '.vith the press following adjournment of the executive session, because to do so may pcrmit the press to rcport on the matter. At the conclusion of the Executive Session, the Council may desi2nate the Mavor, any Councilor, or a staff person to discuss appropriate details of the Executive Session that may be reported with members of the media. Related City Policies: . Article VIII, City Charter Council Options: · Pass first reading of the ordinance as written. · Identify changes to the ordinance and pass first reading. Potential Motions: · I move to approve first reading of an ordinance amending the Ashland Municipal Code Chapter 2.04, Rules of the City Council. · I move to approve first reading of an ordinance amending Ashland Municipal Code Chapter 2.04, Rules of the City Council with the identified changes. Attachments: · Ordinance No. An Ordinance Amending the Ashland Municipal Code Chapter 2.04, Rules of the City Council. Page 3 of 3 11 20 07 Council Rules communciation .doc rj.' ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, CHAPTER 2.04, RULES OF THE CITY COUNCIL WHEREAS, Article 8. Section 3 Council Meetings and Rules of the Ashland City Charter provides: The Council shall hold a regular meeting in the City at least once each month at a time and place which it designates. Other meetings may be called as the Council deems necessary, with notice given the Mayor and Council members and the public as provided by ordinance. Minutes of any such special meeting shall be presented at the next regular Council meeting. The Council shall adopt rules for its proceedings. WHEREAS, the City Council has met ten times over the course of one year to amend Ashland Municipal Code 2.04 Rules of the City Council WHEREAS, the City Council intends to further amend Sections 2.04.090, 2.04.010 and 2.04.020 of the revised Rules of the City Council at a future date, and WHEREAS, the City Council intends with this amendment to replace Ashland Municipal Code 2.04 as set forth below. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Annotated to show deletions and additions to the code sections being modified. Deletions are lined through and additions are underlined. SECTION 1: Section 2.04, Rules of the City Council, s hereby amended to read as follows: 2.04 Rules of City Council Section 2.04.010 The Municipal Charter of the City. Article VIII Section 3. and the Ashland Municipal Code as well as the Oregon Revised Statutes govern many meeting requirements and actions of the Council. AUTHORITY These operating policies and procedures are established and adopted under the authority granted in the Ashland City Charter. Article VIII. Section 3. Section 2.04.020 MEETINGS A. Regular Meetings. The regular sessions of the Council are on the first and third Tuesday of each month unless otherwise arranged, beginning at 7:00 p.m. Meetings are required to end no later than 10:30 p.m. B. Special Meeting. A special meeting may be called either by the Mayor or two members of the Council. Notice of the time and place of such special meeting and the subjects to be acted upon shall be delivered to all members of the Council at least 36 hours in advance of the time of the meeting, except in the case of an emergency, and the Council may consider and act only upon such matters as contained in the notice. C. Study Sessions. The Mayor or two members of the Council may call a study session at any time with 36-hour notice for the purpose of informing members of the Council as to City affairs. Study sessions are held so that Council can confer with staff and other experts on items under consideration that may eventually require official actions. Council may not deliberate towards a decision but can give staff direction to prepare materials for a regular Council meeting. D. Executive Sessions. All meetings of the City Council shall be held in open sessions, except meetings that may be closed for those purposes specified in the Oregon Public Meetings Law (ORS 192.610 to 192.690). These purposes include, but are not limited to, the employment and dismissal of public employees, the performance evaluation of the City Administrator and City Attorney, labor negotiations, real property transaction negotiations, and consulting with legal counsel on pending or threatened litigation. If any Councilors do not feel that an item should be in executive session they should state so in the executive session. Notice of executive sessions shall be given as required by State law and such notice must state the specific provision oflaw authorizing the session. Unless authorized by the full Council, the Mayor and City Councilors must maintain the confidentiality of the information discussed in executive sessions. Media representatives are allowed to attend Council executive sessions subject to the understanding that information from such meetings, which is the proper subiect of an executive session, will not be reported. Councilors and staff should not discuss executive session matters with the press following adjournment of the executive session, because to do so may permit the press to report on the matter. At the commencement of each executive session, the presiding officer must state on the record that executive session information is confidential and may not be reported. If it does not so specify, the proceedings may be reported. 2 E. Notice of Meetings. Advance notice of at least 36 hours shall be provided for all meetings. Notice shall be sent to a newspaper with general local circulation and posted prominently on the City's Web site. In the case of an emergency or when a state of emergency has been declared, public notice appropriate to the circumstances shall be provided and reasons iustifving the lack of 36-hour notice shall be included in the minutes of such meeting. F. Quorum. As provided in Article VIII, Section 4 of the City Charter. the Mayor and not less than three Councilors, or four Councilors, constitute a Quorum. A simple maiority of the quorum present determines the action on any motion, Question, ordinance, or resolution. On questions requiring a two-thirds vote of the Council. as provided in the City Charter, there shall be required an affirmative vote of at least four Councilors to exercise any such special powers. If the roll call shows no Quorum present. as defined by Section 4 of Article VIII of the City Charter, the Councilors in attendance may direct the Chief of Police to notify the absent members, except those known to be unavoidably detained, that their presence is required to enable the Council to proceed with business. Should any then fail soon to appear, the members present shall adiourn to a date fixed by them and all agenda items will be continued to the next regular meeting. G. Emergency Meeting Procedures and Quorum. The City Administrator is responsible for implementation of the Emergency Management Plan. When the City Administrator determines that a state of emergency exists, the administrator will make a declaration to that effect and request the Mayor to call a special meeting of the Council in order to ratify the declaration of emergency. The special meeting of the Council will occur as soon as possible after the declaration of emergency. A quorum of the Council may not be possible due to emergency circumstances and is not required for the special meeting. Notice of the special meeting can be made in the most expedient manner determined by the Mayor and need not be 36 hours in advance. H. Robert's Rules of Order. Robert's Rules of Order shall be the authority for the government of the Council during its sessions, when not in conflict with the Citv Charter and these code rules. Failure to strictly follow Robert's Rules of Order shall not be cause to void or otherwise disturb a decision or action of the Council. The Council will strive to be clear in its proceedings. 1. Voting. When a question or motion is put to a vote by the chair, each member present shall vote for or against the motion unless the Council excuses that member from so doing. If thereafter the Mayor or any member calls for a roll call vote, then each member must vote. The Mayor can only vote in the case of a tie, and then is required to vote. 1. Reconsidering a Vote. 3 A motion to reconsider a vote can be made only once and at the session at which the motion or matter was adopted, or at the next regular meeting of the CounciL provided that no vote to reconsider shall be made after the ordinance, resolution, or act has been officially recorded, filed or transmitted or otherwise gone out of the possession of the Council. K. Council Deliberation. It is the duty of the Mayor or presiding officer to ensure that each Council member has the opportunity to speak. Councilors should ask the Mayor to be recognized. No member shall speak more than once until every member choosing to speak shall have s oken or waived their ri ht to do so. eak twice On amotlonon the floor without leave Council members speak only for themselves and shall be open, direct and candid. They work to keep discussion moving, and call for a "process check" if the discussion becomes bogged down. Time limits may be set on topics by the Mayor, by the presiding officer, or by a consensus of the Council. L. City Attorney as Parliamentarian. The City Attorney is designated as parliamentarian for the Council. Questions of parliamentary rules may be referred to the City Attorney through the presiding officer for interpretation. The final ruling rests with the presiding officer. Section 2.04.030 AGENDAS The City Administrator is responsible for the preparation of the Council agenda. A. Topics will be added to a Council agenda based on timeliness of the topic and with consideration of the number of items already scheduled for the Council. Matters to be considered by the Council shall be placed on an agenda to be prepared by the City Administrator from the following; 1. All items considered by the Council during study sessions, which require official action from the Council. 2. All items which are required by law or policy to be presented to the Council. 3. All other items that the City Administrator, City Attorney or Mayor present to the Council for action. 4. Items placed on the agenda in accordance with paragraphs Band C of this Section. 5. Requests of City Boards, Commissions, and Committees. B. A Councilor may request that an item prior to initial Council discussion, that does not involve staff time, policy research, or drafting of an ordinance, be placed on the Council's agenda. The Councilor shall notify the City Administrator no later than noon of the Wednesday prior to the Council meeting. The City Administrator shall determine the order of business of the item. The City Administrator may request that the matter be deferred until a later meeting if the agenda of a particular meeting is Comment [51]: Leaving tbis as is means lhat even if coum:il does not strictly follow Roberts Rules (see 2.04.020 Section H) council will adhere to "no member shall speak twice..... . because it is an adopted mle. 4 already lengthy. Council members will endeavor to have subiects and any materials they wish considered submitted prior to finalization of the Council packet. C. A Councilor who desires maior policy research and discussion or drafting of an ordinance should first raise the issue at a meeting under Other Business from Council members prior to more than two hours of any staff time being spent on the issue. The Councilor may also request that the discussion of this item be formally placed on the agenda in accordance with paragraph B of this Section. The Council should consider items in light of City priorities, including adopted City Council Goals, and workload. The Council must agree to proceed with an issue or ordinance before staff time is spent preparing the matter for Council action. The Councilor may present information or a position paper or ask for a department report or committee recommendation. Councilors who agree that staff time can be spent on a particular item are not bound to support the issue when it comes before the Council for a vote. D. Anv topic maybe added to an agenda by a maiority vote of the Councilors present. E. Postponing Agenda Items. If a Councilor will be absent from an upcoming regular meeting, the Councilor may request during a regular meeting that consideration of an agenda item be postponed to a future regular meeting. The request will be honored if the maiority of the Council votes in favor of postponement and the matter is not time-sensitive. If the request to postpone is made outside a regular Council meeting, the Councilor requesting the postponement shall submit a request to the Mayor or City Administrator in writing or by email as early as possible. The request to postpone will be honored unless the maiority of the Council votes not to postpone the item or if the matter is time-sensitive. F. Council Packets. Written materials, from Councilors, staff and citizens. which are related to agenda items to be included in the Council packet. must be submitted to the City Administrator's office no later than 12:00 noon six days in advance of the Council meeting for which it is intended. Materials submitted must include author's name and address. G. Study Session Agenda Preparation. The City Administrator prepares the agenda for the study sessions from: 1. Items requested by the Mayor and members of the Council to be listed on the agenda. 2. Items deemed appropriate by the City Administrator. 3. Business from the Council pertaining to committee reports and other business. 4. Items requested by City Commissions, Committees or Boards. 5 Items appearing on the Council study session agenda shall be assigned a time limit and the Mayor shall hold discussion to within the time frame, unless the consensus of the Council is to extend the time limit until an issue or item is discussed and resolved. Section 2.04.040 CONDUCT OF MEETINGS A. Presiding Officer. The Mayor, or in the Mayor's absence. the Chair of the Council. shall preside at the meetings of the City Council. In the absence of these officers at any meeting, the Councilors present shall appoint a Chair Pro-Tern and proceed with the meeting. The Chair, except the Mayor, may vote on all motions other than appeals from decisions made while acting as presiding officer. The presiding officer shall be responsible for ensuring order and decorum is maintained. Attendees and speakers are required to strictly abide by the directions of the presiding officer. Behavior or actions that are umeasonably loud or disruptive shall be cause for removal from Council meetings. Failure to abide by the presiding officer's instructions constitutes "disruption of a lawful assembly" as provided in ORS 166.025( 1)( c). Disruptive behavior includes engaging in violent or distracting action, making loud or disruptive noise or using loud or disruptive language, and refusing to obey an order of the presiding officer. Signs are not permitted and will be considered disruptive. The presiding officer may set time limits on agenda items. caU the resentation ofthe Ma or's The Mayor or presiding officer may change the order of business on the agenda. The required order of business has been established by ordinance is as follows: A. Roll Call. B. Approval of minutes of the previous meeting. If there are no corrections or obiections to the minutes, they shall be considered approved; otherwise, to be approved by vote. The minutes as approved shall be signed by the Mayor and City Recorder. C. Special presentations, proclamations and awards. This item on the agenda is used to acknowledge special recognition and awards given to the City or for the Mayor to announce proclamations. which serve to encourage and educate the community. Proclamations shall be made and placed on the agenda at the discretion of the Mayor. Requests for recognition under this agenda item should be submitted in writing to the Mayor. 6 D. Consent agenda. Routine business items may be listed by the City Administrator under this item, which shall be acted upon in its entirety, except that the Mayor or any member of the Council may request that any item be moved to the regular agenda under the appropriate section of business. E. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council. unless the Council by a two-thirds vote of those present, extends the hearing(s) for one-half hour until 9:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda. Not more than two land-use appeal hearings shall be scheduled for any regular meeting of the Council. The City Administrator may, in the administrator's discretion, schedule additional legislative hearings depending on the anticipated length of the Council meeting. Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the hearing and deliver the form to the City Recorder. The Mayor or presiding officer is to inform the audience of this requirement to submit the form prior to the commencement of the hearing. No testimony will be accepted on public hearings that have been closed. F. Public forum. Public forum is an opportunity for the public to comment on items which are not included on the agenda. The agenda for public forum is 15 minutes, unless a maiority of the Council votes to extend the time. Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the forum and deliyer the form to the City Recorder. The Mayor or presiding officer is to inform the audience on requirements for submission of the form. Members of the public may speak about any topic during the public forum, unless the topic is indeed on the agenda for the same meeting. If a member of the public wishes to speak on an agenda item or public hearing item they may do so at the time set aside for those topics (see Section E. above). Public forum is not to be used to provide or gather additional testimony or information on a quasi-iudicial matter. Public testimony will not be accepted on a public hearing where the record has been closed if the matter is still pending. The Mayor will set time limits for people who ask to speak during public forum. In general the time limits should be set to enable all people who wish to speak to complete their testimony. Time limits shall not be so short as to not allow speakers to address their topic. When possible and feasible, preference will be giyen to individuals who reside within the Ashland city limits. Persons who do not reside in the City may be placed at the end of the list of those wishing to speak at public forum. G. Unfinished business. 7 H. New business. 1. Ordinances, resolutions and contracts. a. Every ordinance is to be enacted in accordance with Article X of the City Charter. Copies of the ordinance shall be e-mailed to Council members and the Mavor at least fourteen days prior to the meeting. Council members may review the ordinance and forward suggestions for changes to the City Attorney for consideration. Minor changes may be incorporated, substantive changes will be considered at the time of first reading. Any substantive changes to the ordinance must be verbally noted at first reading. Council members must submit comments to the City Attorney no later than 12:00 noon on the Wednesday prior to Council meeting. Titles of lengthy ordinances will be published in the local paper at least seven days in advance of the Council meeting thus allowing the ordinance to be read by title only at the Council meeting. b. Resolutions may be placed on the consent agenda and voted upon. Resolutions do not require a roll-call vote. c. The voting on all ordinances may be by roll-call vote and recorded in the minutes showing those numbers voting for and those voting against. J. Other business from Council members. Section 2.04.060 IDENTIFICATION OF FISCAL IMPACT OF POLICY DECISIONS A. When the City Council adopts a program or policy, it shall indicate how it expects that program or policy will be funded; e.g., which existing taxes or fees the Council expects to increase and by how much, or which current City programs or department expenditures the Council expects to reduce to fund the new program or policy. However, if the Council cannot reasonably identify a potential funding source, it shall so indicate. B. As used in this Section the term "program or policy with significant revenue implications" includes an ordinance or a resolution in which implementation may entail expenditures in any budget year in excess of one and one-half percent (1.5%) of the City's annual General Fund budget, and which may require an increase to existing taxes or fees or an imposition of new taxes or fees. C. The provisions of this Section shall not apply to extraordinary expenditures in situations of. or necessitated by, public emergencies. Section 2.04.070 RIGHTS OF CITIZENS 8 Citizens may speak on any item not on the agenda during public forum. Anv citizen has the right to present an item to the Citv Council during public forum. On behalf of the Citv, anv Councilor mav request the item be placed on a future agenda.Any citizeB has the right to present an item to the City Couneil. On behalf of the City, any Councilor may reqMest the item be placed OB the aeenda. Citizens may speak on any item not OB the agenda during public forum. Section 2.04.080 CONDUCT WITH CITY EMPLOYEES The Citv Council will attempt to work with Citv staff in a spirit of teamwork and mutual cooperation. A. Councilors mav make inquiries of staff to increase their understanding of an issue or action. Councilors should limit requests for information from staff to questions that mav be answered with minimal research. Requests that require significant staff time or resources (two hours or more) should be directed to the Citv Administrator and must be approved by the Mayor, City Administrator, City Attornev or by a maiority vote of the Citv Council. B. Written information given by the Mayor, Councilors. Citv Administrator, Citv Attornev, or Citv Staff, including materials requested bv individual Councilors and the Mayor, generallv will be distributed to all Councilors with a notation indicating who has requested that the information be provided. C. Individual Councilors should respect the separation between policy-making and administration. They shall not pressure or direct City employees in a way that could contravene the will of the Council as a whole or limits the options of the council as a whole. They must not interfere with work performance, undermine the authoritv of supervisors, or prevent the full council from having access to relevant information. Notwithstanding this paragraph, nothing shall hamper the Council's ability to evaluate the performance of the City Administrator or the City Attornev. E. Councilors with a concern about the performance of a particular staff person should express that concern to the Mavor, Citv Administrator, Citv Attornev, or to that emplovee's department head. Section 2.04.090 COMMISSIONS, COMMITTEES and BOARDS A. Establishing Commissions, Committees or Boards. B. Council Ad-hoc Committees. C. Membership Appointments. 9 D. Mayor Membership on Ashland Budget Committee. E. Student Membership on Commission and Committees. F. Membership Removal Process. G. Changing or Dissolving a Commission, Committee or Board. Section 2.04.100 OPERA TING POLICIES and PROCEDURES COMMISSIONS, COMMITTEES and BOARDS A. Public Meeting Law. B. Robert's Rules of Order. C. Deliberation. D. Agendas and Minutes. E. Absences. F. Quorum. G. Code of Ethics. H. Lobbying. 1. Goals. 1. Role of Staff. K. Final Decision-Making. L. Number of Meetings. M. Notice. N. Representing the Commission, Committee or Board. o. Budget. P. Expenses. Q. Committees. Section 2.04.110 COUNCIL LIAISONS A. Role and Responsibilities of Council Liaisons. B. Attendance. C. Deliberations. D. Respect. E. Council Information. F. Vacancies. G. Vacancies. H. Reporting to the Council. 1. Liaison Appointment Process. J. Removal from a Liaison Assignment. Section 2.04.120 COUNCILOR EXPENSES A. The City will reimburse a Councilor or the Mayor for expenses that are directly related to City business in accordance with the City's reimbursement policy. 10 Section 2.04.130 AMENDMENTS and ADDITIONS to OPERATING PROCEDURES and POLICIES A. Suspension of Operating Procedures. Unless otherwise superseded by law. any part of these operating procedures and policies may be temporarily suspended by a maiority vote of those members of the Council present and voting. 2.0~.010 Presiding Offieer [This e),cerpt comes from the "^.shland Municipal Cede, Title 2 Administration, Chapter 1 Rules of City Council] The Mayor, or in the Mayor's absence, the Chair of the Council, shall preside at the meetings sf the City Council. In the absence of these officers at any session the Councilors present shall appoint a Chair pro tem and proceed with the meeting. The Chair, eJ,cept the Mayor, may vote on all motions other than appeals from decisions made while acting as presiding officers. (Ord. 1511 881, 1967) 2.0~.020 Quorum As provided in "\rticle VIII, Section 4, ofthe City Charter, the Mayor and not less than three (3) Cooocilors, or fO\:u (4) Cooocilors, constitute a quorum and a simple majority of the Cooocilors present determines the action on any motion, question, ordinance, or resolution except, however, that on questions requiring a tV/O thirds (2/3) vote of the Council, as provided in the City Charter, there shall be reqtlired a vote of four (4) COl:lncilors to exercise any such special powers. If the roll call shO\vs no qtIorum present, as defined by Section 1 of f.rtide VIII of the City Charter, the Cmmcilors in attendance may direct the Chief ofPoliee to notify the absent members, except those knswn to be unavoidably detained, that their presence is required to enable the Council to proceed with business. Shol:lld any then fail to soon appear the members present shall adjourn to a date fixed by them. (Ord. 1810 (part), 1971; Ord. 1544 S82, 1ge7) 2.0~.030 Minutes of Proeeedings After the reading of the minutes of the preceding meeting by the City Recorder, if there are no corrections or objections therets, they shall be considered approved; otherwise, to be approved by '/ote. The minl:ltes as approyed shall be signed by the Mayor and City Recorder. (Ord. 1544 SS3, 1ge7) 2.04.0~O Order of Business 1... Except as provided in subsection B hereof, the order of business of the COl:lncil shall be: 11 1. Roll call; 2. .\ppro'tal of milliltes of the pre'tious meetiag; 3. 8pecial preseatations, proclamatiofls aad awards; 1. Consent agenda, subject to the limitations of subsection C; 5. PHblic heariags, sHbject to the limitatiofls of subsectiofl D aHd first readiHgs of ordiHaHces that pertaiH to the public hearing. 6. Public forum for bl:lsiness from the audience not inclHded on the agenda (limited to a total of 15 minutes); 7. Unfinished bllsiness; 8. New and miscellaneous business; 9. Ordinances, resolutions and contracts; 10. Other business from Council members. B. At the first meeting in January, after the roll call, the presentation of the Mayor's address shall be first in order. C. Routine business items may be listed by the City .^.dmiaistrator under a "Consent Agenda", which shall be acted I:lpon in its entirety, except that the Mayor or any member of the Council may request that any item be moved to the regular agenda l:lH:der the appropriate section of business. D. Public hearings shall cone!llde at 9:00 P.M. and be continued to a future date to be set by the Council, unless the COI:1flcil by a two thirds vote of those present, extends the hearing(s) for one half hour until 9:30 P.M. at which time the Council shall set a date for continuance and shall proceed with the balaH:ce aUhe agenda. Not more than two (2) land use appeal hearings shall be scheduled f{)[ any regular meeting of the Council. The City Administrator may, in the .^.dministrator's discretion, schedule additioH:allegislative hearings depending on the anticipated length of the Council meeting. (Ord. 2611 81 1991; 2729 1991) Eo .\t any meeting of the Council, the order of business can be changed or any part thereof moved to a future agenda by a majority vote of the Council. F. The City AdmiHistrator is responsible for the preparation of the ageada for each City Council meeting and, with the consent of the Council, shall determine the deadline by which any matter must be presented in writing by any citizen in order to be included on the agenda. (Ord. 1511 81, 1967; Ord. 2523(.\) 81, 1989). 2.04.050 Voting Whea a question or motion is put to a 'Iote by the Chair, each member present shall vote for or against the same unless the Council excuses that member from so doing. If thereafter the Mayor or any member calls for a roll call vote, then each member must likewise 'late. The Mayor can only 'late in the case of a tie, and then is required to vote. (Ord. 1511 885, 1967). 12 2.0<l.OfiO Privileges of Members No member shall speak more than twice on the same question without leave of the presiding officer, except in informal and interlocutory debate, nor more than once until e'lery member choosing to speak shall have spoken or \vaind their right to do so. (ard. 1511,886,1967). 2.04.070 Roll Call Vote The voting on all ordinances or resolutions shall be by roll call vote and recorded in the minutes showing those numbers voting for and those '/oting against. (ard. 1544 887, 1967). 2.0<1.080 Appointing Committees All committees not required by 8tate law to be appointed by tRe Council shall be appointed by the Mayor 'uith the consent of the Council, or in the Mayor's absence, any appointment necessary may be made by the presiding officer, with the consent of the Council. ;\fter the standing committees have been formally announced they cannot be ehanged except at a regular meeting of the COI:IFl:eil and by a majority 'lote of the members present. ,^.ll terms of boards, commissions and committees shall be extended to April 30 of each year, beginning with the terms expiring on December 31,1989. (ard. 1875, 1976; ard. 2523(,^.) 82,1989). 2.0<1.081 Notiee of Appointments No person shall be appointed or elected to any committees or eommissions established by ordinance until after the City Recorder has caused to be published once, at least ten (10) days prior to the date on which the appointment or electiofl is to be made, in a flewspaper of general circulation in the City of ;\shlafld, a notice entitled "NaTlCE aF ,\PpaINTMENT", containing the following infDrmation: 1. The positiofl to be filled by appointment or election; 2. That apfllications will be aecepted by the City Recorder; 3. The date the appointment is expected to be made; and, 1. That additioFl:al iflformation regarding the positiofl can be obtained from the office of the City Recorder. No appoifltment or election shall be made to afl)' of the afDrementioned committees or commissions, Iffiless flotice of such appoifltmeflt or election appears on the agenda for the meeting at which the appointmem or election is to be made. Additional procedures regarding application deadlines and notificatiofl to the City Council of proposed appoifltments by the Mayor shall be set forth by Resolution of the Council. (ard. 1903, 1976; ard. 2523(A) 83,1989). 13 2.()<1.082 Student Memberships on Commissions and Committees. Seetion 2.0<1.082 Student Memberships on Commissions and Committees. The Mayor '.vith consent of the Council may add to the membership of any city commission, 1:..YO positions for student liaisons, whether sl:lch eommission or committee '.vas established by ordinance or resolution. The student liaisons shall be non voting ex officio members of their respective commissions or committees. Once the liaison positions ha't-e been added, the liaison from the high school shall be a high school student chosen by the ,A.shland High School Leadership Class and the liaison from the uni'iersity shall be a university student chosen by the Associated Students of Southern Oregon University Smdent Senate. The requirements of sections 2.05.0&0 and 2.04.0& 1 shall not apply to the students chosen under this section. 2.0<1.090 Ordinanees and Resolutions Enry ordinaHee shall be enacted in aeeord with .^.rtiele X of the ,A.shland City Charter. Eyery resolution shall receive one reading previOl:ls to the vote on its passage, provided hO'Never, that it may be read by title only if no Council member present at the meeting requests to have it read in full. lOrd. 1544 89, 1967; Ord. 1950 Sl, 197&; Ord. 2365, 19&5; Ord. 2691, 1992). 2.0<1.095 Identifieation of Fiseal Impaet of Poliey Deeisions ,A.. At sl:leh time as the council adopts a ne'.v program or policy "'lith significant revenue implications, it shall offer clear direction to city staff and to the budget committee as to how the new program or poliey is to be funded. B. When the city cmmcil adopts such a program or policy, it shall indicate how it expects that program or policy will be funded; e.g., which existing taxes or fees the council expects to inerease and by hov,' ml:lcn, or which current city programs or department expenditures the counei1 expects to reduce to fund the new program or policy. However, if the eounci1 cannot reasOl'lably identify a potential funding source, it shall so iHdieate. C. ,A.S ]fsed in this seetion 2.04.095, the term "program or policy with significant revenue implications" in eludes an ordinance or a resolution in '.vhich implementation may entail expenditrnes in any budget year in excess of one and one half percent (1.5%) of the city's annual General Fund budget, and which may reqHire inereasing existing taxes or fees or imposition of new taxes or fees. D. The provisions ofthis section shall not apply to extraordinary expeflditures in situations of, or necessitated by, public emergencies. (Ord 2&51, added, 11/02/1999) 14 2.0UOO Rights of Citizens .\11 matters of business, propositions, reqHests, petitions, remonstrances, or any ql:lestion whatsoever which a citizens, or any society or organization of citizens, se,.'erally or by committee, may desire to present for consideration of the Council shall be reduced to vaiting and filed with the City .^.dministrator for presentation to the Council. The Council shall accord a hearing to any person in explanation of the matter or business so filed and presented. Provided, however, '.vhen the floor is accorded any citizen for such purpose, the Chair may then or later notify the speaker of the amount of time which the citizen will be allowed. (ard. 1514,810,1967) 2.1H.ll0 Couneil Meetings A. Regular Meetings The regl:llar sessions of the Council shall be on the first and third Tuesdays of each and every month, l:mless otherwise arranged, and shall be held on the days appointed at 7 p.m. Meetings shall end no later than 10:00 p.m. unless the Council by a two thirds '/ote ofthose present eRtends the meeting for one halfhol:lf. (ard. 2729 1994) B. Adjourned Meetings At any regl:llar or adjOl:lmed meeting the meeting may be adjourned to a later date by a majority vote of the Council. In the event any regular meeting is adjourned to call of the Mayor, the Mayor may call an adjourned meeting at such time as the Mayor may desigBate upon having each COl:lncilor notified persoBally, or iB '.vritiflg, at least thirty six (36) hours in advance of the time and place of sl:leh adjourned meeting. Any City business may be acted upon at an adjourned meeting. C. Speeial Meetings l. special meeting may be called either by the Mayor or two (2) members of the Coooeil. Written notice of the time aBd place of sl:leh special meeting and the sl:lbjects to be acted upon shall be delivered in writing to all members of the Cmmcil at least thirty six (36) hours in adnnce of the time of said meeting, and the Council may consider aBd act only l:lpon such matters as cOBtained in the .....ritten notice. D. Study Sessions The Mayor or tv/a (2) members of the Council may call a study session at aBY time for the purpose af informing members of the Cauflcil as to City affairs. At such study sessions no decisions may be made or action takeB either formally or informally by the Council. (ard. 1544, 8 11, 1967) 2.0<1.120 Reeonsidering a Vote f. motioB to reconsider a vote can be made only once and at the session at which the motioB or matter was adopted, or at the neRt meeting of the Council, pro'/ided that no vote to reconsider shall be made after the ordinance, resolution, or act shall have gone out of the possession of the Council. (ard. 1544,812,1967) 15 2.01.130 Condueting a Meeting Robert's Rules afOrder shall be autharity far the government of the Council during its sessions, when not in cannict ',yith the City Charter and these code rules. (Ord. 1511 S13, 19€i7). 2.01.110 MembershiJJ 08 ;\shland Budget Committee For the purpose oflocal budget law, the Mayor is a member of the governing body of the City of ~^.shlaHd. (Ord. 2501, 1989). SECTION 2. Severability. If any section, provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that Sections 2 thru 3, unincorporated Whereas clauses and boilerplate provisions need not be codified. The foregoing ordinance was first read by title only in accordance with Article X Section 2 (C) of the City Charter on the day of_2007. and duly PASSED and ADOPTED on this _day of _2007. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of 2007. John W. Morrison, Mayor Reviewed as to form: 16 Richard Appicello, Interim City Attorney 17 session From: To: Date: Subject: Martha Bennett Diana Shiplet 11/14/20079:28:59 AM Fwd: Daily Tidings concerns about executive session changes Diana _ Please attach to the Council Rules ordinance packet for Tuesday night's Council meeting. Thanks Martha >>> Vickie Aldous <vlaldous@yahoo.com> 11/08/072:47 PM >>> Dear Martha and Ann, We at the Tidings are very concerned about proposed changes to executive sessions. For executive sessions, Oregon Revised Statutes say "the governing body MAY require that specified information subject of the executive session be undisclosed." The draft Ashland council rules say" Unless authorized by the FULL COUNCIL, the Mayor and City Councilors MUST maintain the confidentiality of the information discussed in executive sessions. Media representatives are allowed to attend Council executive sessions subject to the understanding that information from such meetings, which is the proper subject of an executive session, will not be reported. Councilors and staff SHOULD NOT discuss executive session matters with the press following adjournment of the executive session, because to do so may permit the press to report on the matter." The current way we operate is that at the end of some executive sessions, I ask someone (usually the mayor or city administrator) to comment about what happened inside the executive session so I can use it in a story. They use their discretion and say what they think is appropriate for print. Sometimes they won't comment at all. There are two problems with the city's proposed changes. 1. The first sentence says the FULL COUNCIL has to authorize someone to talk. 2. The last sentence says councilors and staff SHOULD NOT discuss executive session matters... The effect at the least is that the full council would have to say someone can talk to the press, and the worst effect is they would feel no one should talk at all. It seems like a violation of free speech rights to say the full council has to authorize someone to talk. . .. ................ ............'''.,.,.,.'''''......,.,:.............. ........".........,,'=,..:......~,-,,::-,.. Di~n~ ~hiplet ~F......,ci:[)ailyTidillgs c;onc;~rlls aboLJt e)(~cuti\le ?essJsm chang~~~= City staff, the mayor or a councilor should be able to choose whether to talk to the media. The changes also go beyond Oregon Revised Statues. Here's another problem. The council sometimes talks about an issue in executive session. They can't vote and make decisions in executive session. So they come out in open session and vote on the matter they discussed behind closed doors without saying anything in public about what it is about. This leaves people in the audience and watching on television mystified and suspicious. The media should have the right to ask for some kind of reportable explanation about what the vote was about. PROPOSED LANGUAGE CHANGE FROM THE TIDINGS: Eliminate the two problem sentences. Add: "At his or her discretion, the mayor, councilors or a city staff member may discuss appropriate details of executive sessions with members of the media." Thank you for your attention to this issue. I hope we can cooperatively work out something that preserves the current rights of the media. - Vickie Aldous vlaldous@yahoo.com 479-8199 Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com cc: Ann Seltzer ___Page 2 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: FY 2006-2007 Comprehensive Annual Financial Report November 20, 2007 Primary Staff Contact: Lee Tuneberg ~ Admin. Services E-Mail: tuneberl@ashland.or.us Secondary Contact: Estimated Time: Martha Benne 15 minutes Question: Should the City Council accept the Comprehensive Annual Financial Report as recommended by the Ashland Audit Committee? Staff Recommendation: The Audit Committee recommends acceptance of the Comprehensive Annual Financial Report for FY 2006-2007 and staff concurs. Background: The Audit Committee has met with staff and Pauly, Rogers and Company, P.C. to review and accept the annual audit for the fiscal year ended June 30, 2007. The committee's report can be found in the annual financial report on page xv and the auditor opinion on page 3. The Comprehensive Annual Financial Report (CAFR) is prepared annually as part of the state-required audit by an independent, certified and municipally licensed auditor. In Ashland, the auditor reports to the Audit Committee established by the Council. The committee receives the auditor opinion, management letter and annual financial reports (including the Parks Commission Component Unit Financial Report) prepared by staff. When satisfied with the reports and related information, the committee forwards the report to Council with a recommendation to accept. The auditor gave an unqualified opinion again this year and found three reportable conditions to include in a management letter for fiscal year 2006-2007. The three conditions that the auditors noted are included in the attachment titled "Management Report." The Administrative Services Department's responses to the Management Report comments are attached as well. The issues raised are being acted upon at this time and our goal is to clear the comments in this fiscal year. New requirements for financial reporting and government auditing are imposed each year. The City has complied with implementing Governmental Accounting Standards Board Statement 34 (GASBS), which required changes in the financial reporting model, in FY 2002-2003 and FY 2003-2004 with fixed assets fully included the second year. The City implemented GASBS 44 in FY 2004-2005 to include more financial and economic trending information in the Statistical Section of the report and Parks did in FY 2005-2006. Work on GASBS 45 relating to enhanced disclosure on future liabilities for post retirement benefits has been in process for months with compliance on schedule by next year. Page 1 of 3 CC CAFR 11-20-07 final.doc r~' CITY OF ASHLAND The City, Parks, and the auditor face new requirements that have evolved from changes in the private sector precipitated by EN RON scandals and subsequent legislation like Sarbanes Oxley. These new standards for auditing and reporting are being implemented in the municipal sector and probably are a challenge for all government agencies. The Management Report prepared by the auditor provides a good overview of these new and coming changes. Council will note in the Management Report and draft minutes of the Audit Committee meeting on 10/29/2007 that these issues have been discussed, and City staff is taking steps toward compliance. Most important during this coming year will be addressing internal controls and communication on the audit as identified in the Management Report. Council will discuss these issues in late January or February as staff brings forward recommendations on important policy changes and procedural documentation. This will take a concerted effort by the Council, Administration, City Recorder and Administrative Services departments and will probably impact all departments and divisions. Financial Overview The City is responsible for completeness and accuracy of the annual report. The auditor reports are included in the document and presented on their letterhead. These reports attest to the City's compliance with Oregon Budget Law and federal reporting requirements. The annual report includes a section on pages 5 through 16 called Management's Discussion and Analysis (MD&A) that is intended to provide the reader with a basic understanding of the financial condition and change over the year audited. Please read the MD&A and Notes section to get a general understanding of the financial information provided. Unless otherwise indicated, financial references relate to the City and do not incorporate Parks & Recreation information. From an overview perspective, the City remains in a good financial position with the net assets increasing slightly ($887,418) to $105,372,602. Total City assets are down $1.2 million which includes: 1. $1.466 million less in cash & investments (a minus) 2. $90,000 more in restricted cash (a plus) 3. $100,000 more in receivables and other (a plus) 4. $381,000 less in deferred revenue (a minus) 5. $455,000 more in net fixed assets (a plus) City-wide current payables (liabilities) are down $82,000 and long-term liabilities (claims payable and debt) is down $2.1 million. The net result approximates the $887,418 increase. In general, the City used cash to pay for projects (that added to net fixed assets) and debt service (to reduce liabilities). The Parks and Recreation Commission net assets decreased approximately $470,000 primarily due to less cash on hand at the end of the year having paid for some operations with reserves as budgeted. The financial report indicates the City is doing well. Consistent with prior years, most funds are doing well when considering fund balances. As discussed throughout the recent budget process, balancing Page 2 of3 CC CAFR 11-20-07 final.doc r., CITY OF ASHLAND revenue streams with the cost of services will be difficult in funds reliant upon taxes (General, Street and Parks funds) and funds that include capital improvements funded through rates, fees, taxes and borrowing (Street and all enterprise funds). However, funds with ending fund balances beyond targets will be able to offset future costs like the Telecommunications Fund and Central Services Fund. Changes in Ending Fund Balances (Adopted and Actual) for all funds can be viewed on pages 106- 107. Other key places to look within the document are: Pages 1 - Vll xv 3- 4 . 5 - 16 19 - 29 33 - 60 65 - 135 136 - 148 Information Transmittal letter from staff Report of Audit Committee accepting the audit Auditor's unqualified opinion Management's Discussion & Analysis Basic Financial Statements Notes to General Purpose Financial Statements Supplementary reports, schedules and statistical tables Other required auditor comments and disclosures Related City Policies: City of Ashland Financial Management Policies, Budget Document Appendix Council Options: Council may accept the Committee's report and the annual report as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. Potential Motions: A. Council moves to accept the Audit Committee Report and the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2007 as presented. B. Council moves to accept the Audit Committee Report and the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2007 as modified by discussion. C. Council takes no action pending further information or clarification. Attachments: FY 2006-2007 Comprehensive Annual Financial Report City of Ashland 2006-2007 Management Report Staff letter to Audit Committee dated 10/29/2007 Responding to the Management Report Audit Committee meeting draft minutes 10/29/2007 Page 3 of3 CC CAFR 11-20-07 fina1.doc r~' CITY OF ASHLAND Audit Committee Draft Minutes October 29, 2007 2:00pm Council Chambers 1175 East Main Street Call to Order Lee Tuneberg, Administrative Services and Finance Director called the Audit Committee meeting to order at 12:05 p.m. on October 29,2007 in Council Chambers, 1175 East Main Street Ashland, Oregon. Tuneberg asked if Levine would continue as Chair and Committee approved by consensus. Roll Call Committee members Christensen, Lemhouse, Levine, Morrison and Nutter were present. STAFF PRESENT: MARTHA BENNETT, CITY ADMINISTRATOR DON ROBERTSON, PARKS & RECREATION DIRECTOR LEE TUNEBERG, ADMINISTRATIVE SERVICES/FINANCE DIRECTOR CINDY HANKS, FINANCE DIVISION MANAGER Approval of Minutes Audit Committee Minutes of February 5, 2007 Christensen identified misspelling of her name on page, corrected. Nutter/Christensen ms to approve the minutes as corrected. All Ayes. Presentation bv the Auditors Component Unit Financial Report & Parks Management Letter Tuneberg asked if the Committee wished an overview on the Parks financial report by staff or would prefer the auditor begin with management letter and auditor opinions. Committee indicated that no overview was needed. Kenny Allen, Partner, Pauly, Rogers, and Co. P.C. presented the Management Report for the Parks & Recreation commission annual audit and financial report. Allen provided an overview of the audit process and that the Parks earned an unqualified opinion again this year. He identified that Parks did not have a management report in FY 2005-2006 and that new Auditing Standards Board statements have been issued causing small issues to be material enough to AUDIT COMMITTEE MEETING OCTOBER 29,2007 PAGE 2 OF 7 require a report where one might not have been required in the past. Statement of Auditing Standards No. 112, Communicating internal Control Related Matters in an Audit, is a new requirement this year and has "lowered the bar" for items to require an auditor comment. This had occurred with the Parks audit. Allen identified the #1 issue in the report is the requirements of SAS 112 and explained the impact key elements will have on future audits. Of primary concern is Parks or any agency having a written and adopted internal controls policies and procedures manual that is followed by staff. There is no such document for the Parks & Recreation Commission. The auditor recommends that one be developed and adopted including the points specified in the report as a minimum. Allen reviewed the points in the management report. The Committee and auditor discussed that this is a significant issue for all agencies due to increased requirements coming from the private sector causing changes in the government sector. Committee discussed that internal controls are not limited to cash handling and includes access to records and information in computer systems and safeguarding other assets. Compliance with this comment will required significant work in FY 2007-2008 but will transition to an annual process of updating or maintaining what is established, adjusting for new processes, guidelines and requirements. Allen addressed comments #2 through #5 that are specific to Parks & Recreation. #2 is a recommendation to have the software that tracks Parks activities interfaced with the general ledger system for better accounting control. #3 is a recommendation that Parks keeps in storage daily cash receipts for 5 years to provide for auditable records. # 4 is a recommendation that Parks consider using only one cash register at the golf course to provide better controls and remove the need to move money between two registers to recognize transactions between the Golf Pro and Parks activities. #5 is a recommendation to have Parks management review and initial all bank deposits as a control and to reduce potential for errors. The committee asked clarifying questions about integrating the software for better control and information, past practices on cash receipts, how costly a register at the golf course will be and management review of deposits. Allen then reviewed new standards that will be required in the coming year that auditors must consider and report upon. SAS #114 supersedes #61 regarding Communications with Audit Committees such as used in Ashland. The Committee discussed at great length the points included under SAS #114 and whether they apply to the Parks & Recreation Commission audit. Allen explained the needed clarification of communication requirements between those responsible for governance of the government entity and the auditor, whether or not a committee is used. Allen pointed out that the report identifies as a key issue for the Board of Ashland Parks & Recreation to determine who is responsible for oversight of the financial audit and what, if anything, is delegated to the Audit Committee used by the City. This issue must be discussed and decided by the Board before next year's audit begins. AUDIT COMMITTEE MEETING OCTOBER 29,2007 PAGE 3 OF 7 Allen also covered the coming eight new audit requirements (SAS 104 - 111) that will require them to assess and report on general ledger accounts that could substantially impact (risk) the material accuracy of the financial reports. Tuneberg presented written responses that addressed the points made by the Auditor's management report. Staff agrees with the report and the responses clarified the issue regarding Parks staff shredding cash receipts to protect customer personal information contained within them when a credit card is used. This change was done in March and will continue. Also, Parks management has already made some changes including reviewing and initialing deposits. Tuneberg said that staff is looking forward to bringing the identified SAS and operational issues to the Commission for clarification of expectations and direction on audit communications. He said staff is already talking about changes in cash handling and developing a single document of internal controls for adoption by AP&R Commissioners. The Committee discussed the Parks audit report and responses as they relate to the authority granted the Audit Committee by City Council. It appears to be an appropriate time to go back to Council for direction on the points raised, including how the audit of the Ashland Parks & Recreation and its annual financial report fits into the review of the audit and financial report of the City by the Audit Committee. Nutter/Lemhouse m/s that management go to City Council and Parks Board to determine what authority and expectation is given to the Audit Committee on both audits and financial reports. All ayes. Comprehensive Annual Financial Report & City Management Letter Tuneberg offered an overview of the City's annual financial report by staff since it is a little more complex than the Parks' if the committee thought it would be helpful. The Committee indicated that no overview was needed. Kenny Allen presented the Management Report for the City of Ashland annual audit and financial report. Allen said that the general process and new SAS issues addressed within the Parks presentation are much the same for the City. The City earned an unqualified opinion again this year. He also spoke to the differences between the two reports and audit requirements such as the opinions in the back of the City's financial report that meet the single audit requirements. Since the City has a tendency to receive material amounts of federal grant monies for capital projects and Community Development housing programs, the auditor must take additional steps to assure compliance. Under required comments and disclosures by the auditor the only thing unusual is they observed the City was under collateralized for a bank account during this year. Allen said this can happen by receiving too much money on a given day and has since been resolved. AUDIT COMMITTEE MEETING OCTOBER 29,2007 PAGE 4 OF 7 Allen said the City needs to develop a document of its internal controls procedures and policies, train on them and follow them as part of SAS 112 compliance. The supporting issues are the same as what was discussed under Parks' need for SAS 112 compliance. Allen reported the City had only two Management Report comments this year as compared to three in FY 2005-2006. This would indicate improvement since it was easier this year to get a comment due to SAS 112 and 61 requirements causing Comment #1. Allen explained that most cities are having the same issues with SAS 112 because they are new and require additional work by staff. Allen said Comment #2 relates to the need for written internal control procedures over the internally developed utility billing system in addition to written general controls for all computers and systems city-wide. Allen then reviewed the three comments from the prior year. Comment #1 (timely reconciliation of general ledger accounts) and Comment #3 (computer system cannot generate a receivables report across funds) have been resolved. Comment #2 is still outstanding. The auditor recommends that fixed assets should be done through the City's Eden software package and not on an Excel spreadsheet. This would provide more accounting controls and be less prone to errors. Staff did not get this change during the year so the comment will be carried forward. Tuneberg explained that the Accounting group did great work this year but had to make some choices. Staff only had time to work on account reconciliations so converting fixed assets from Excel to Eden had to wait. That is being worked on to clear the issue for the next audit. Allen said Ashland will need to review and document Council's expectations for the Committee and for the City Administrator including communications to and from the auditor as part of SAS 114. An important issue to be addressed is the City Recorder/Treasurer's role on the Committee. This position is a voting member on the Committee and also handles cash like a staff position. The City Recorder also does all city investing and manages the city bank accounts. Council will need to address these issues before the beginning of next year's audit. Allen identified that someone may need to be responsible for the internal controls manual and to do internal auditing on it to ensure compliance. This would need to be identified as part of Council reviewing its expectations. Christensen said that the City Recorder/Treasurer position already has some responsibilities for doing internal auditing and that a review and clarification is welcome. Allen reviewed SAS 114, SAS 61 and the coming risk assessment suite of statements (SAS 104 -111) that the City will need to address. AUDIT COMMITTEE MEETING OCTOBER 29,2007 PAGE 5 OF 7 The Committee asked about the additional cost and Allen said the current contract would not be impacted by these changes but future audits will probably be more expensive. Tuneberg said it will take staff time to do this work and bring it to Council in January or February. A key point is that Ashland is fairly unique in having an audit committee and there are issues relating to having it. This is an ideal time to consider what Council expects from the Committee, the Auditor, City Administrator and the rest of us. Tuneberg presented written responses that addressed the points made by the Auditor's management report. Staff agrees with the report. Tuneberg said that staff is looking forward to bringing the identified SAS and operational issues to the City Council for clarification of expectations and direction on audit communications. He said staff is already working on the identified issues and expects to clear them for next year. Ashland does have some hurdles since we are big employer in a little town, yet our staff is little. This contributes to difficulties in complying with strict controls since cross-training efforts may violate segregation of duties or access to records controls. The City also has several key people who have spouses in other departments which contribute to hurdles for meeting accounting controls. Tuneberg said that in all cases those people are doing great work but it does impact how work is done. Tuneberg said much of staff's comments on Comment #1 are the same for SAS 112 as we provided for the Parks' report. The Finance Department expects to work with Council, Management and other departments to resolve this comment. We are not sure who should be made responsible for the internal manual and that will be part of the review of expectations. Tuneberg said Comment #2 should be addressed during the year along with the other work on documentation per the first comment. Tuneberg said the good work by Cindy Hanks and the Accounting group all year held the comments to a minimum and cleared two of the prior year's three comments. They are working on the remaining one. Nutter asked specific question regarding the financial report. He wanted to know a little about the bond rating and underlying rating information in the management Discussion Analysis section and in the Notes. He also asked about the number of pave streets changing in the statistical section. Staff said the rating is correct but is subject to change. The information on paved streets will be looked into but may be a change based upon better records or systems being available such as can be provided through GIS. Christensen said she had to leave for another meeting but wanted to express her appreciation for the auditor's professionalism and work. She said she agrees with the timing of the coming discussions on controls and audit communications and gives her approval on the Audit Committee letter and the City's financial report moving forward to Council. Nutter asked about the calculated amount for the Mt Ashland restoration requirements identified in the notes. Tuneberg said he will check the calculation to ensure it had been AUDIT COMMITTEE MEETING OCTOBER 29,2007 PAGE 6 OF 7 updated for the Consumer Price Index per the agreement. Nutter wanted to know if the Contingent Liability amount should be higher if there is a potential for additional cost. Staff explained that the amount is calculated based upon the existing agreement between the US Forest Service, Mt Ashland Association (MAA) and the City, that the real amount would only be determined when and if the ski operations ceased and the City's share would be based upon what restoration work the US Forest Service required at that time and if MAA assets were insufficient to pay for the cost of the required work. Tuneberg said that it is better to use the methodology and amounts agreed to by all three parties in the contingent liability note rather than to speculate what it might be. Nutter asked about the Uherhausen court cases that challenge the legality of the school local levy option in Eugene and whether the City or Parks have a liability and should there be amount identified in the contingent liability note. Bennett explained that no local person has challenged Ashland's Youth activity Levy to date and it sunsets within the year. She also pointed out that the APRC and School has an agreement that allows the Parks to retain sufficient monies to pay for related Parks costs to resolve the issues raised in the Uherhausen case. Allen said that the case at this time does not meet the requirements for a contingent liability note. Public Input Tom Gaffey asked about what he had heard regarding Parks operation and cash management. He wanted to know who was in charge of the Golf course and said he didn't like how it's not being run like a business. Levine pointed out the Parks is responsible for it and it is a service not a business. Gaffey asked why there were no Parks Commissioners in attendance and staff explained that this is a City committee and much of the earlier discussion was in regard to whether there was any delegation of authority to this committee by the Parks Commission. Tuneberg said the CUFR will be presented to the Commission and he could provide his input to them at one of their meetings. Committee Discussion Question and Answer Nutter asked for more information on the earlier bond rating question. He wanted to know if the rating on page 15 is an appropriate rating and a good indicator of the City's financial condition? Tuneberg responded that the assigned rating on page 15 is higher because the City bought insurance to get the best interest rating we could. The investors often want to know what the underlying rating (without insurance) to evaluate the financial condition of the agency selling the bonds. Tuneberg said the A2 underlying rating is good for our agency and size but cautioned that a rating is based upon conditions at the time of the sale and can AUDIT COMMITTEE MEETING OCTOBER 29, 2007 PAGE 7 OF 7 change. He said we do not have a good means of checking that rating without going to the market with another offering. Nutter asked about the significant swings in program costs presented between years in the MDA and wondered if presenting more years would help show trends. Tuneberg explained that the large variations between years are caused by changes in the amount of capital costs recognized the year and it can cause confusion. Tuneberg suggested committee members looking at page 98 in the statistical section for multiple year presentations to consider changes and trends. Nutter asked about the use of energy efficient vehicles to minimize cost increases attributable to petroleum costs. Nutter questioned whether this is something in the Committee's authority but was interested in the answer. Staff explained that fleet personnel are buying energy efficient vehicles for use in programs that safety or operations will not be negatively affected. Even though these vehicles may cost more in the beginning and may not ultimately save significant amounts of money it is worth investigating because it is a good thing to evaluate and there may be beneficial impacts on the environment. Signing the Annual Letter Tuneberg asked if there were any outstanding issues that would prevent the committee from accepting the report and signing the annual letter conveying the comprehensive annual financial report to Council. Nutter/Lemhouse m/s that the Committee sign the letter accepting the City's audit and financial report. All ayes (agreeing with the City Recorder's opinion given before she left). Committee members thanked staff for their hard work and a very readable financial report. Members also thanked the Auditor for his work and reports that are meaningful Tuneberg submitted the Committee Letter to members for signature. Adiournment The meeting was adjourned at 4:25 p.m. Respectfully Submitted, Lee Tuneberg Administrative Services and Finance Director Administrative Services Department CITY OF ASHLAND ASHLAND, OREGON 2006-2007 MANAGEMENT REPORT fiiF]@ PAULY, ROGERS AND CO., RC. CERTIFIED PUBLIC ACCOUNTANTS · 12700 SW 72ND AVENUE . TIGARD, OREGON 97223 · (503) 620-2632 · FAX (503) 684-7523 October 19,2007 City of Ashland City Council and Audit Committee In planning and performing our audit of the financial statements of City of Ashland as of and for the year ended June 30, 2007, in accordance with auditing standards generally accepted in the United States of America, we considered City of Ashland's internal control over financial reporting (internal controls) as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal controls. Accordingly, we do not express an opinion on the effectiveness of the City's internal controls. Our consideration of internal controls was for the limited purpose described in the preceding paragraph and would not necessarily identify all deficiencies in internal controls that might be significant deficiencies or material weaknesses. In addition, because of inherent limitations in internal controls, including the possibility of management override of controls, misstatements due to error or fraud may occur and not be detected by such controls. However, as discussed below, we identified certain deficiencies in internal controls that we consider to be significant deficiencies. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or a combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal controls. The Auditing Standards Board issued SAS No. 112, Communicating Internal Control Related Matters Identified in an Audit, effective for audits of financial statements for periods ending on or after December 15, 2006. This statement requires auditors to evaluate identified control deficiencies and determine whether those deficiencies, individually or in combination, are significant deficiencies or material weaknesses, and if so communicate them in writing to those charged with governance. SAS No. 112 specifically identifies a few common control deficiencies which must be addressed in each audit to determine if a significant deficiency exists, and based on our evaluation we have identified significant deficiencies in the design or implementation of internal controls, which are noted below. We consider the following deficiencies to be significant deficiencies in internal control: 1. We noted that the City does not have a written internal control policies and procedures document. In applying SAS 112 we believe that the City should adopt formal policies/procedures for all accounting areas, especially as it pertains to internal controls and the identification of key controls. Our audit did not uncover significant deficiencies pertaining to these areas other than the items noted below, however the policies/procedures in place are not in writing. We recommend at a minimum that the following areas be addressed (this constitutes a partial list, other areas of internal control should be addressed): o Computer security and who should has access to passwords and how often passwords are changed. o Controls over expenditures to ensure that there are no fraudulent checks or checks written in error - Who tracks the check sequence, who reviews the canceled checks back from the bank, who has custody of checks, and who is authorized to approve disbursements? o Detailed explanation of the controls over cash accounts, including how many people it takes to open/close an account, controls over wire transfers, and review of bank reconciliations. o Controls over cash receipting - How do you ensure that receipts are always given, and that all receipts are recorded in the general ledger. How often are deposits taken to the bank. o What internal controls and monitoring is used for reviewing and ensuring that the financial statements are accurate and are in conformance with GAAP (the control procedure here would be sending staff to training on new pronouncements, etc.) o Any internal audit functions, antifraud programs, etc. o Monitoring of internal controls by management and the governing body to ensure that controls are functioning properly and are evaluated when systems, the environment, and employees change. o Other areas that could be discussed - capital asset accounting, employee dishonesty insurance, physical security of documents, payroll processing/time sheets, and any other applicable financial areas. o Because of a limited number of available personnel, it is not always possible to adequately segregate certain incompatible duties so that no one employee has access to both physical assets and the related accounting records or to all phases of a transaction. Consequently, the possibility exists that unintentional or intentional errors or irregularities could exist and not be promptly detected. We recommend that the City address their segregation of duties issue in their internal control policies and procedures. 2. We noted that the Information Technology (IT) department does not have written internal control procedures that documents their internal controls over their internally developed utility billing system. We also noted that there was no written internal control procedures that details the general controls over all computers and systems City-wide. We recommend that the City develop written internal control procedures for these areas. The following are our recommendations for the previous year. The comments are repeated from our report to management for the year ended June 30, 2006, for perspective. 1. We noted that not all major balance sheet accounts were reconciled on a periodic basis. We recommend that all major balance sheet accounts be reconciled on a monthly basis. 2. In order to get fixed asset information into a format that is needed for the financial report, the City must export their fixed asset register out of Eden and into Excel. The City then manipulates the data within Excel. Excel is not made for fixed asset accounting and is prone to errors. We recommend that the City work with Eden to enhance their fixed asset accounting system, in order to make it easy to work with and in the needed formats for financial reporting. 3. We noted that the utility billing system cannot produce a report that breaks out the utility receivables by fund. This report would be a useful reconciliation tool for the City. We recommend that the City address this report writing issue. A material weakness is a significant deficiency, or a combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control. We did not identify any significant deficiencies that are considered to be material weaknesses: New Issues - Not Control Deficiencies In order to keep our clients aware of new accounting and auditing requirements we have detailed upcoming new Issues: SAS No. 114 - The Auditor's Communication with Those Charged with Governance Statement on Auditing Standards (SAS) No. 114 supersedes SAS No. 61, Communication with Audit Committees, as amended. This SAS establishes standards and provides guidance to an auditor on matters to be communicated with those charged with governance. In the wake of well-publicized audit failures and emerging best practices in corporate governance, expectations have increased for auditors to communicate openly and candidly with those charged with governance regarding significant findings and issues related to the audit. The SAS uses the term those charged with governance to refer to those with responsibility for overseeing the strategic direction of the entity and obligations related to the accountability of the entity, including overseeing the entity's financial reporting process. It uses the term management to refer to those who are responsible for achieving the objectives of the enterprise and who have the authority to establish policies and make decisions by which those objectives are to be pursued. Management is responsible for the entity's financial statements. The SAS identifies specific matters to be communicated, many of which are generally consistent with the requirements in SAS No.6!. However, the SAS includes certain additional matters to be communicated and provides additional guidance on the communication process. In particular, the SAS: · Describes the principal purposes of communication with those charged with governance and stresses the importance of effective two-way communication. · Requires the auditor to determine the appropriate person(s) in the entity's governance structure with whom to communicate particular matters. That person may vary depending on the nature of the matter to be communicated. · Recognizes the diversity in governance structures among entities (including the existence of audit committees or other subgroups charged with governance) and encourages the use of professional judgment in deciding with whom to communicate particular matters. · Recognizes the unique considerations for communicating with those charged with governance when all of those charged with governance are involved in managing the entity, which may be the case with some small entities. · Adds requirements to communicate: · An overview of the planned scope and timing of the audit. · Representations the auditor is requesting from management. · Provides additional guidance on the communication process, including the forms and timing of communication. Significant findings from the audit should be in writing when, in the auditor's profession judgment; oral communication would not be adequate. Other communications may be oral or in writing, · Requires the auditor to evaluate the adequacy of the two-way communication between the auditor and those charged with governance. · Establishes a requirement to document required communications with those charged with governance. In order to be in compliance with these new auditing standards the auditors and the City Council needs to evaluate the audit oversight committee for any issues that may come up. The City has a unique situation in that the City Recorder is an elected official, a voting member of the audit committee as well as part of accounting process at the City. We recommend that the Council discuss this issue and re-affirm their position on whether or not the City Recorder be a voting member on the audit committee. We believe that as long as the City Council understands the unique nature of the City Recorder's position that whatever decision is made will be acceptable. SAS No. 104-111- The Risk Assessment Snite The Auditing Standards Board has issued eight additional new statements related to risk assessment, effective for audits of financial statements for periods beginning on or after December 15, 2006. This "SAS Suite's" primary objective is to enhance auditors' application of the risk assessment model in practice, and will require additional auditor and staff time in future years. This communication is intended solely for the information and use of management, the Council, and others within the organization, and is not intended to be and should not be used by anyone other than these specified parties. PAULY, ROGERS AND CO., P.c. CITY OF ASHLAND October 29,2007 Audit Committee City of Ashland 20 East Main Street Ashland, OR 97520 Re: FY 2006-2007 City of Ashland Audit Management Letter This year's Management Letter is filled with information that is not just about a review but forward-thinking and appropriate because of what has occurred over the last decade in the private and government sectors. As in the past, the Finance staff takes these to heart and endeavors to address them in an expeditious manner. Even with that perspective, it sometimes takes multiple years to clear an issue and I want to assure the Committee that available resources are allocated to clear current and recurring comments and observations, large and small. For FY 2006-2007 the biggest issue is, and will be for some time, complying with SAS No. 61, Communication with Audit Committees and SAS No.112, Communicating Internal Control Related Matters Identified in an Audit. These relatively new requirements will task the City and Parks, Audit Committee and respective staff to resolve, in part due to our various configurations. My recommendation is that staff work toward placing these issues before the elected bodies by January or February. This will allow staff to prepare a comprehensive approach to resolve these major initiatives in a proactive manner. This does not preclude simple adjustments that are "quick fixes" but such changes must fit into the written internal control policies and procedures document(s) adopted by those responsible for governance. FY 2006-2007 significant deficiencies in internal control: 1. We (the Auditors) noted that the City does not have a written internal control policies and procedures document. In applying SAS No. 112 we believe that the City should adopt formal policies/procedures for all accounting areas, especially as it pertains to internal controls and the identification of key controls. Our audit did not uncover significant deficiencies pertaining to these areas other than the items noted below, however the policies/procedures in place are not in writing. We recommend at a minimum that the following areas be addressed (this constitutes a partial list, other areas of internal control should be addressed): a. Computer security and who should has access to passwords and how often passwords are changed. b. Controls over expenditures to ensure that there are no fraudulent checks or checks written in error - Who tracks the check sequence, who reviews the canceled checks back from the bank, who has custody of checks, and who is authorized to approve disbursements? c. Detailed explanation of the controls over cash accounts, including how many people it takes to open/close an account, controls over wire transfers, and review of bank reconciliations. d. Controls over cash receipting - How do you ensure that receipts are always given, and that all receipts are recorded in the general ledger. How often are deposits taken to the bank. e. What internal controls and monitoring is used for reviewing and ensuring that the financial statements are accurate and are in conformance with GAAP (the control procedure here would be sending staff to training on new pronouncements, etc.) f. Any internal audit functions, antifraud programs, etc. g. Monitoring of internal controls by management and the governing body to ensure that controls are functioning properly and are evaluated when systems, the environment, and employees change. h. Other areas that could be discussed - capital asset accounting, employee dishonesty insurance, physical security of documents, payroll processingltimesheets, and any other applicable financial areas. i. Because of a limited number of available personnel, it is not always possible to adequately segregate certain incompatible duties so that no one employee has access to both physical assets and the related accounting records or to all phases of a transaction. Consequently, the possibility exists that unintentional or intentional errors or irregularities could exist and not be promptly detected. We recommend that the City address their segregation of duties issue in their internal control policies and procedures. Response: Staff agrees with the Auditor's assessment however the reader must note that there are things being done within many of the "bulleted" areas but they are insufficient in practice or documentation to clear this comment. I do not believe there is one document that addresses all of the issues to the detail level identified within SAS No.1 12. The key here is understanding and acceptance by those responsible for governance. This is an ideal time for the City to update, combine and augment the financial management policies included in the budget document and the cash and investment policies administered through the City Recorder/Treasurer's office for review and acceptance by City Council. This process should address each of the points included in the auditor comment, incorporating anything that is in existence or has already been accomplished so that the written requirement is met. This document must then be trained upon and used to ensure it remains current and can be validated routinely by Council. 2. We (the Auditors) noted that the Information Technology (IT) department does not have written internal control procedures that documents their internal controls over their internally developed utility billing system. We also noted that there was no written internal control procedures that details the general controls over all computers and systems City- wide. We recommend that the City develop written internal control procedures for these areas. Response: Staff agrees with the Auditor's assessment. Prior Technology Plans and software documentation require updating and revision and the Technology Department is working on them. Updates are in process and should be complete in FY 2007-2008. The points identified in this comment will be addressed as part of the new documentation. ii The following are Auditor recommendations for the previous year. The comments are repeated from their report to management for the year ended June 30, 2006, for perspective. Staff has provided updates as Responses for June 30, 2007 1. We (the Auditors) noted that not all major balance sheet accounts were reconciled on a periodic basis. We recommend that all major balance sheet accounts be reconciled on a monthly basis. Response: Materially completed in time for this audit. 2. In order to get fixed asset information into a format that is needed for the financial report, the City must export their fixed asset register out of Eden and into Excel. The City then manipulates the data within Excel. Excel is not made for fixed asset accounting and is prone to errors. We (the Auditors) recommend that the City work with Eden to enhance their fixed asset accounting system, in order to make it easy to work with and in the needed formats for financial reporting. Response: Not completed in time for this audit. Because of other tasks done to meet Point #1, this project has lagged. Excel was used again this year to provide audit work papers, however, the documentation was in better shape than prior years despite the use of a spreadsheet. Staff has already begun the project to convert records back into the financial management system. This comment should be revisited as part of the FY 2007-2008 audit. 3. We (the Auditors) noted that the utility billing system cannot produce a report that breaks out the utility receivables by fund. This report would be a useful reconciliation tool for the City. We recommend that the City address this report writing issue. Response: Materially completed in time for this audit. Future requirements that the City should begin addressing as part of the above work during FY 2007-2008: SAS No. 114 - The Auditor's Communication with Those Charged with Governance Statement on Auditing Standards (SAS) No. 114 supersedes SAS No. 61, Communication with Audit Committees, as amended. This SAS establishes standards and provides guidance to an auditor on matters to be communicated with those charged with governance... In order to be in compliance with these new auditing standards the auditors and the City Council needs to evaluate the audit oversight committee for any issues that may come up. The City has a unique situation in that the City Recorder is an elected official, a voting member of the audit committee as well as part of accounting process at the City. We recommend that the Council discuss this issue and re-affirm their position on whether or not the City Recorder be a voting member on the audit committee. We believe that as long as the City Council understands the unique nature of the City Recorder's position that whatever decision is made will be acceptable. iii Response: Staff agrees that a review and validation by Council of the roles, responsibilities and expected communications between the mentioned groups or positions will be beneficial to all and provide compliance to this new requirement. SAS No. 104-111- The Risk Assessment Suite The Auditing Standards Board has issued eight additional new statements related to risk assessment, effective for audits of financial statements for periods beginning on or after December 15, 2006. This "SAS Suite's" primary objective is to enhance auditors' application of the risk assessment model in practice, and will require additional auditor and staff time in future years. Response: Staff looks forward to working with the auditor on these relatively new requirements. In summary, I hope these responses are helpful in understanding the work being done by the Administrative Services Department to meet or exceed City expectations and legal requirements. It should be understood that increased requirements such as those presented and discussed above will have a financial impact (staffing, workload and training) to ensure compliance. Sincerely, Lee Tuneberg City of Ashland Administrative Services & Finance Director iv CITY OF ASHLAND Council Communication Talent Ashland Phoenix Intertie Pipeline Update on Preliminar En ineerin and Future Water Line Construction Meeting Date: Department: Secondary Dept.: Approval: November 20,2007 PW Engineering / Water Finance Martha Benn Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Paula Brown 552-2411 brownp@ashland.or.us Jim Olson 552-2412 20 minutes Question: What are the next steps and the proposed timing for the City to connect to the Talent Ashland Phoenix (TAP) Intertie pipeline? Staff Recommendation: Staff recommends continuing to pursue the TAP project as shown on the following schedule which will initiate final design of the TAP Pipeline beginning April 2008, with construction starting in April 2010 (FYlO and FY11 construction years). This schedule is slightly modified from the schedule that was presented to Council on April 2, 2004. The timeframe for the Pre-Design and the Reservoir Siting were extended to cover the actual time period for decisions due to the absence of the Public Works Director. The TAP reservoir design and construction have changed with the final recommendation to build a second reservoir at the Crowson site, negating the need for a redundant TAP clear well/reservoir. The need for the reservoir at the Crowson site does not impact the immediate operation of the TAP Pipeline, but is necessary for the overall water distribution and fire flow functions within the City. Prior to or as one of the first steps of the TAP Final design, staff recommends defining the specific location and purchasing the site for the booster pump station as recommended in Carollo Engineer's Technical Memorandum 4. The booster pump station is a critical piece of the operation ofthe final TAP Pipeline to bring water to Ashland. TAP Pre-Design TAP Reservoir Siting / Land Evaluation TAP Final Design and Property Acquisition TAP Pipeline/System Construction Crowson II Reservoir Design Crowson II Reservoir Construction '<t '<t '" '" '" '" \0 \0 \0 \0 r- r- r- r- oo 00 00 00 0\ 0\ 0\ 0\ 0 0 0 0 - >=' >=' >=' >=' >=' >=' >=' >=' >=' >=' >=' >=' >=' >=' >=' >=' >=' >=' >=' >=' >=' >=' - - :-' "3 t) t:: .... "3 .... t:: .... "3 .... [;j .... "3 .... t:: .... "3 .... t:: .... "3 .... [;j .... "3 .... t:: o:s 0. u o:s 0. OJ 0. u o:s ~ u o:s 0. u 0. u o:s -, 0 -, <: ..... 0 ..... <: ..... 0 ..... <: ..... 0 ..... ..... 0 ..... <: ..... 0 ..... <: ..... 0 ..... Page 1 of5 CC TAP Future NovO? r~' CITY OF ASHLAND Background: Based on the Council's decision in December 1998, the City participated with the cities of Talent and Phoenix and with the Medford Water Commission for the design and construction of the 24-inch TAP water pipeline construction to the City of Talent. In addition to the initial construction, Council has asked staff to complete the following: 1. Complete pre-design for the future extension of the TAP Pipeline - done 2. Continue with an emphasis on conservation programs in an effort to meet the goals for 20% peak day summer time reductions - ongoing and generally successful efforts 3. Continue with negotiations for other water supply options including: · Purchase Lost Creek Water Rights -75% complete (scheduled to purchase the remaining 25% in FY09) · Review the options of exchanging the City's Talent Irrigation District (TID) water rights from the City's "Imperatri'ce Property" for beneficial use within the City - ongoing efforts that will continue with the City's "Right Water for the Right Use" emphasis · Begin discussions with TID and BOR for additional municipal water rights - ongoing efforts with initial success in temporary water right purchases the past two years Carollo Engineers has provided TAP Preliminary Engineering Technical Memorandum No.4, which completes their requirements. The three critical recommendations are as follows: . Two alternative routes were identified for the portion of the pipeline route through the City of Talent; along Highway 99 or along Talent Avenue. Both have conflicts and concerns and depending on the timing one may be preferable over the other. Carollo recommends that the City complete a cost analysis and feasibility evaluation of the two alternatives to select a final route during final design, once the planned construction schedule is known due to the potential impacts of improvements through the City of Talent. Staff recommends an early start to the final design to solidify agreements and specific locations based on the timing of construction. . It is recommended that the City move forward aggressively to acquire a property for the pump station due to the availability of suitable properties. As this again impacts timing, staff recommends the Council allow this to happen as soon a possible to solidify property purchases. . It is feasible to connect the TAP pipeline extension directly to the Ashland distribution system at a flow rate of 1.5 mgd under normal operating conditions, avoiding the additional cost for constructing a designated TAP reservoir. It the City wishes to use the TAP pipeline as an emergency supply (up to 3 mgd), it is recommended that further modeling be conducted to evaluate system performance under such a scenario. Additional flows during an emergency scenario may require improvements to the City's distribution system and/or changes to the design criteria for the pump station. Also, elimination of the TAP reservoir does not preclude the need for additional storage within the City's system to meet other system storage requirements (see Addendum to TM No.2). In addition to the specific TAP Pipeline preliminary engineering work, there has been significant work within the water fund on modeling the distribution system and in developing comprehensive water plant improvements. Both have an impact on the City's overall water distribution system currently and in the future. As Carollo's TM 4 describes, there are distribution and fire flow deficiencies that are Page 2 of5 CC TAP Future NovO? ~~, CITY OF ASHLAND being addressed separately with the design and construction ofthe 2.5 MG Crowson II reservoir. This plan was previously introduced to Council during last year's (FY 2007-08) budget process. The TAP Pipeline will enter the City's system and will utilize the Granite Street reservoir for operational storage and system integration. As such, there is no need for a separate TAP Pipeline reservoir or clear well. However, to ensure complete City wide emergency use there would be additional system and distribution piping to interconnect the TAP Pipeline to the Crowson reservoir which feeds the rest of the City. This is not a part of the initial TAP Pipeline project, but will be considered for the future. TAP Costs: Construction costs have sharply increased over the last three years. The following summarizes the anticipated costs ofthe project (updated Nov 2007) and they will be updated through the final engineering design process: TAP Pipeline Construction Medford to Talent (2002) Purchase Water Rights (2002) Engineering Preliminary (2004-07) Final Future Connection of TAP from Talent to Ashland Future SDCs to Medford Water Commission (assumed) Future Ashland Pump Station Future Ashland Distribution System Upgrades Additional Lost Creek Water (increased costs) TOTAL Costs: Paid to date: Total Future Costs: Paid Future Costs $1,450,000 931,000 75,000 $1,580,000 6,100,000 2,000,000 1,800,000 500,000 600,000 $15,036,000 $2,456,000 $12,580,000 These future costs could be funded through a combination of revenue sources including Water SDCs approximately 75% of TAP Pipeline, & 100% of the purchased water rights approximately Water Rates $9,585,000 2,995,000 Bonds, loans or other initial funding may be required to cover the collection of SDCs. Related City Policies: Budget and CIP Water Master Plans and Comprehensive Water Supply Plan TAP Preliminary Engineering TM 1-4 (Carollo) Page 3 of5 CC TAP Future Nov07 ~~, CITY OF ASHLAND Council Options: Staff intends to move forward with securing a site for the booster pump station in Talent. Staffwill bring a design and construction schedule to Council during the budget process that reflects the following: . Booster Pump Station Site Acquisition . Final Design & Cost Benefit Analysis . Permitting . TAP Intertie Construction April 2008 July 2008 - June 2009 June 2009 - September 2009 April 2010 - June 2011 Should Council wish to discuss this prior to the budget process or formally redirect staff, it is suggested that Council request this be added to a future Council meeting in January 2008. Potential Motions: As this is being presented at a study session, not motions are presented. However, should council wish to formally discuss or formally redirect staff, it is recommended that Council request this be added to a future Council meeting in January. Attachments: TAP Alternative Routing Map Page 4 of 5 cc TAP Future NovO? ~~, cc TAP Future NovO? ~~, ~ ell >~ C :> OJ'" -C/) 0..>. , ... .,OJ1J ell C C ....~E~ eIlOJ=Ul ~ E D..~ ~ .E' .e 0 u.<~~ cu=o C cu .- Co aiD: ~D.. D..c( 0..1-' ~ ~ ! CITY OF ASHLAND Council Communication Reading of an ordinance Annexing property and Withdrawing an Annexed Area from Jackson County Fire District No.5 (BRAMMO Motorsports, Jefferson Avenue Annexation - #2006-00366) Meeting Date: Department: Secondary Dept.: Approval: November 20,2007 Community Development A istration Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Bill Molnar bill@ashland.or.us Richard Appicello 10 minutes Question: Should Council finalize the last step of including within the Ashland City Limits approximately 8.4- acres of industrial and employment zoned land, by approving the second reading of an ordinance formally annexing the property and withdrawing the property from Jackson County Fire District No.5? Staff Recommendation: Staff recommends that the Council approve the ordinance on second reading. Background: At the November 6,2007 meeting, the Council approved first reading of the ordinance formally annexing the Brammo Motorsports property located on Jefferson Avenue and withdrawing the property from Jackson County Fire District No.5, and moved the ordinance to second reading. At the May 16,2006 meeting, the Council approved the application for an Annexation of an 8.43-acre parcel located on Jefferson Avenue. The Council adopted the findings of their decision on June 19th, 2006, which completed the land use ordinance portion of the annexation process. The applicant has prepared and submitted the required boundary description of the property. The final step for the Council in the annexation process is to approve the ordinance annexing the property and withdrawing the area from the jurisdiction of Jackson County Fire District 5. Related City Policies: Since the Council has already approved the land use ordinance portion annexing the area, it has previously found that the applicable goals and policies of the City have been met by this request. Council Options: Council can choose to approve the ordinance on second reading. Potential Motions: Approve second reading of the ordinance. Attachments: Ordinance Page 1 of2 CC Jefferson Bramscher Annex 2nd reading 11.20.06.doc r~' CITY OF ASHLAND Map of Survey & Legal Description - Annexation Area Irrevocable Consent to Annexation May 16th, 2007 Council Meeting - Public Hearing Notice, Minutes and Findings Page 2 of2 CC Jefferson Bramscher Annex 2nd reading 11.20.06.doc r~' CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Resolution Adopting the Gentle Person Agreement November 20, 2007 Primary Staff Contact: Ann Seltzer Administration E-Mail: seltzera@ashland.or.us Secondary Contact: Richard Appicello Estimated Time: 2 minutes Question: Does the Council wish to adopt the Gentle Person Agreement by resolution? Staff Recommendation: Staff recommends adoption of the resolution. Background: During the numerous meetings and discussion of council rules, guidelines not included in the draft ordinance were saved as the Gentle Person Agreement. In order to preserve such guidelines it was suggested they be adopted by resolution. Related City Policies: . N/A Council Options: . Adopt the resolution as written. . Identify changes and adopt the resolution. Potential Motions: . I move to approve the Resolution Adopting the Gentle Person Agreement. . I move to approve the Resolution Adopting the Gentle Person Agreement with the identified changes. Attachments: . Draft Resolution Adopting the Gentle Person Agreement. Page I of I 11 2007 Council Rules resolution communciation.doc r~' CITY OF ASHLAND Council Communication A Resolution Setting a Public Hearing to Consider the Formation of a Local Improvement District to Improve Liberty Street as well as the Alley between Harrison and Morton Streets -,--- , ./ Meeting Date: November 20, 2007 Primary Staff Contact: Paula Brown, 488-5587 ~ Department: PW / Engineering ~ E-Mail: brownp@ashland.or.us \ Secondary Dept.: Legal/City Re It Secondary Contact: James Olson, 488-5347 Approval: Martha Benne j Estimated Time: 15 minutes Question: Will Council approve the attached resolution to establish a public hearing date of January 15, 2008, to consider the formation of Assessment District No. 88 to improve both Liberty Street and the alley between Harrison and Morton Street? Staff Recommendation: Staff recommends approval of the attached resolution setting a public hearing to consider the formation of an LID to improve Liberty Street and the alley between Harrison and Morton Streets. Background: Staff has received petitions calling for the formation of a local improvement district to fund two projects. The first petition is for the formation of the improvement district for improvements to Liberty Street, from the present end of improvements southerly to the end ofthe right of way. The second petition requests formation of the improvement district for improvements to the alley, south of Siskiyou bounded by Harrison and Morton Streets. LID Composition These two proposed improvement projects are being considered under a single assessment district in an effort to conserve staff and council time and to provide an economy of scale in the development and construction ofthe project. It is proposed that theses two projects be designed, bid and constructed as a single project. Both projects are being requested by property owners and in both instances petitions have been submitted from over half of the assessment district. Allev Improvements This proposed improvement consists of grading and paving the existing alley surface between Harrison and Morton Street (south of Siskiyou Boulevard). The pavement would be eleven feet wide and would be constructed with an inverted crown to control drainage. No curbs or sidewalks would be constructed on the alley since the right of way is only 16 feet wide. The east side of Harrison Street at the alley intersection will require extensive reconstruction (see photos). Although the Harrison Street repairs would be included in the construction contract, they would not be funded through the LID. Since Harrison Street is already fully improved, the repair work would be financed from street maintenance momes. Page 1 of4 Liberty & Harrison Morton Alley LID PH CC 11 07 G:\pub-wrks\eng\dept-admin\L1D\Liberty & Hanison Morton Alley LID PH CC 11 07.doc r~' CITY OF ASHLAND Proposed Alley LID Boundary The alley is located along the rear lot lines of five lots that front on the south side of Siskiyou Boulevard, between Harrison and Morton Streets. Each ofthese has vehicular access onto the alley rather than onto Siskiyou. Most ofthe lots have rear yard garages. Four additional lots front on the south side of the alley with the center two lots taking sole access from the alley. The eight lots that would make up the alley assessment district would receive a direct and definable benefit from the improvement ofthe alley. It is proposed that the boundary ofthe assessment district be configured to surround these eight lots as shown on the attached map. Petition A petition calling for the improvement of the alley was received in early October bearing nine names and representing five of the nine lots, or 55.6% of the total assessment units. The represented lots include 658 and 670 Siskiyou Boulevard and 162, 164 and 176 Harrison Streets. Funding The estimated improvement costs for the alley, including repair and maintenance work on Harrison Street are as follows: Total Construction Cost $ Engineering & Administration Costs $ Total Estimated Project Cost I $ Less Harrison St Repair (total borne by City) $ Less Engineering Cost For Harrison St Repair $ Total LID Project Cost I $ 48,580.00 12,000.00 60,580.00 20,530.00 6,000.00 34,050.00 Less City Participation per Resolution 99-09 75% of storm drain cost 0.75 X 20% of street surface cost 0.2 X 50% of engineering cost 0.5 X 60% of sidewalk cost 0.6 X $ 4,700.00 $23,050.00 $ 6,000.00 $ 300.00 Sub Total $ 3,525.00 $ 4,610.00 $ 3,000.00 $ 180.00 $ 11,315.00 Number of Lots in proposed assessment district Estimated per lot for alley improvement Assessable Cost $ 22,735.00 9 $ 2,526.11 TOTAL PROJECT COST Cost to be born by City including Harrison Cost to be born by Property Owners $60,580.00 $37,845.00 (60%) $22,735.00 (40%) Liberty Street Improvements The improved portion of Liberty Street consists of curb and gutter and paving with a width of 34 feet. The section of street south of Ashland Street has no sidewalks and ends approximately 290 feet from Page 2 of 4 Liberty & Harrison Morton Alley LID PH CC 11 07 G:\pub-wrks\eng\dept-admin\LID\Liberty & Harrison Morton Alley LID PH CC 11 07.doc ~~, CITY OF ASHLAND the actual southerly end ofthe right of way. The proposed improvement project would continue the street at a lesser of 22 feet to the end of the right of way. Sidewalks could be installed on one side of the street for slightly over half of the total length. The southerly 290 feet of right of way is severely constrained with multiple mature trees, steep cut and fill slopes and drainage issues. It is recommended that the southerly 290 feet of street be reduced to an 18 foot width and that sidewalks be eliminated from this section. Proposed Liberty Street LID Boundary This LID is one that, like Plaza Avenue, where the formation of on LID has been previously attempted several times, the last being in 2001. It is proposed that the assessment district be composed of those lots that have actual frontage on the section of street to be improved as well as those lots which take sole access from the section of street to be improved. There are sixteen lots with street frontage and four lots that have sole access from the street including a parcel owned by the City of Ashland. This lot was recently acquired as parks open space and has trail access along the irrigation ditch and a maintenance easement through tax lot 100 to Liberty Street. The lot is not further dividable due to the steep terrain and lack of a viable access. The maintenance easement was granted as maintenance access, not an ingress and egress easement. Petition Petitions calling for the improvement of southerly section of Liberty Street were received on August 7th, August 25th, and September 10,2007 bearing names representing 11 of the 21 assessment units, or 52.4% of the total proposed assessment district. Funding The estimated improvement cost for Liberty Street is $220,000 including engineering and administration costs. Following is a breakdown of the estimated development and assessment costs: Total Construction Cost $ Engineering & Administration Costs $ Total Estimated Project Cost I $ Less City Participation per Resolution 99-09 75% of storm drain cost 0.75 X 20% of street surface cost 0.2 X 50% of engineering cost 0.5 X 60% of sidewalk cost 0.6 X $ 13,870.00 $ 156,070.00 $ 40,080.00 $ 9,980.00 Sub Total Assessable Cost Number of Lots in proposed assessment district Estimated per lot for Liberty Street improvement . Current LID cap (maximum assessment amount as of April 2007) Page 3 of 4 179,920.00 40,080.00 220,000.00 I $ $ $ $ $ 10,402.50 31,214.00 20,040.00 5,988.00 67,644.50 $ 152,355.50 21 $ 7,255.02 $ 5,251.00 Liberty & Harrison Morton Alley LID PH CC 11 07 G:\pub-wrks\eng\dept-admin\LID\Liberty & Harrison Morton Alley LID PH CC 11 07.doc r~' CITY OF ASHLAND Since Resolution 99-09 sets a maximum amount that may be born by the owners any additional cost must be born by the City. In addition the single lot owned by the City also receives an assessment which adds to the amount that the City will pay. Amount to be paid by owners Amount to be paid by City a. Participation per Resolution 99-09 b. Amount over the maximum cap c. Assessment for City owned lot $ 105,020.00 (47.7%) TOTAL $ 67,644.50 $ 42,084.50 $ 5,251.00 $ 114,980.00 (52.3%) $ 220,000.00 (100%) Related City Policies: AMC Chapter 13.20 Local Improvements and Special Assessments Council Options: 1. Council may approve the attached resolution setting a public hearing to consider the formation of an LID to improve Liberty Street and the Alley between Harrison and Morton Streets, or; 2. Council may elect to delay the public hearing for the proposed improvement of Liberty Street and the alley through the LID process, or; 3. Council may elect to approve a revised public hearing to consider only one of the two proposed improvement projects. Potential Motions: 1. Council may move to adopt the attached resolution setting a public hearing to consider the formation of an LID to improve Liberty Street and the alley between Harrison and Morton. 2. Council may move to delay the attached resolution pending further information to be provided by staff. 3. Council may move to approve a revised resolution to set a public hearing date for only one of the two projects. Attachments: Resolution w/Exhibit A and B Vicinity Maps LID Boundary Maps Petitions Photographs Page 4 of 4 Liberty & Harrison Morton Alley LID PH CC 11 07 G:\pub-wrks\eng\dept-admin\LID\Liberty & Harrison Morton AJIey LID PH CC II 07.doc ~j.' RESOLUTION NO. 07-_ A RESOLUTION SETTING A PUBLIC HEARING WITH INTENT TO FORM A LOCAL IMPROVEMENT DISTRICT FOR CONSTRUCTION OF IMPROVEMENTS TO LIBERTY STREET AND THE ALLEY SOUTH OF SISKIYOU BOULEVARD BOUNDED BY HARRISON AND MORTON STREETS CONSISTING OF SIDEWALKS, CURBS & GUTTERS, PAVING, DRAINAGE AND ASSOCIATED IMPROVEMENTS. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. It is the intention of the Council to commence improvements to construct sidewalks, curbs, gutters, paving, drainage and associated improvements to Liberty and to construct paving and grading improvements to the alley south of Siskiyou and bounded by Harrison and Morton Streets. SECTION 2. The boundary description of the local improvement district is described as those lots fronting on or having sole access from Liberty and the alley as depicted on the maps referred to as Attachments Nos. 1 and 2 to Exhibit A. SECTION 3. The city engineer's estimated cost of these improvements, including engineering and administration costs, and the proposed allocation of the cost among each of the property owners specially benefited for Liberty Street is $220,000.00 of which $110,271.00 will be paid by special assessments on benefited properties and for the alley south of Siskiyou Boulevard and bounded by Harrison and Morton Streets is $60,580.00 of which $22,735.00 will be paid by special assessments on benefited properties. Costs will be allocated based on Resolution 99-09 capped amount of $5,251.00 per equivalent dwelling unit or potential equivalent dwelling unit for Liberty Street and on $2,526.11 per equivalent dwelling unit or potential equivalent dwelling unit for the alley within the assessment areas as depicted on Exhibit A. SECTION 4. The council will hold a public hearing in the Council Chambers, Ashland Civic Center, 1175 East Main Street on January 15, 2008, at 7:00 p.m., at which time and place the owners of the benefited properties may appear or submit written comments prior to or at the hearing as to why the improvement should not be constructed or why the benefited properties should not be assessed in the manner proposed. SECTION 5. The city recorder is directed to serve notice to the property owners by publishing a notice of the public hearing once in the Daily Tidings, not less than 30 days prior to the hearing, and by mailing copies of the notice by first class mail to the owners of each lot benefited by the proposed improvement as shown on the latest tax and assessment roll. The notice shall be in the form of Exhibit "A" attached to this resolution. PAGE 1-IMPROVEMENT RESOLUTION SECTION 6 This Resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 and duly PASSED and ADOPTED this 2007. day of Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2007. John W. Morrison, Mayor PAGE 2-IMPROVEMENT RESOLUTION EXHIBIT "A" NOTICE OF PUBLIC HEARING The City Council of the City of Ashland will meet on January 15, 2007 at 7 p.m. in the Council Chambers, 1175 East Main Street, to hold a public hearing to consider the formation of a local improvement district as follows: NATURE OF THE IMPROVEMENT: Sidewalks, curbs, gutters, paving, drainage and associated improvements to Liberty Street and grading and paving of the alley south of Siskiyou Boulevard bounded by Harrison and Morton Streets. BENEFITED: Those lots fronting on or having access solely from Liberty Street or from the alley south of Siskiyou Boulevard bounded by Harrison and Morton Streets as depicted on the attached map referred to as Attachment Nos. 1 and 2. ESTIMATED COST: The estimate of the local improvements including engineering and administration costs is $220,000.00 for Liberty Street of which $110,271.00 will be paid by special assessments on benefited properties and $60,580.00 for the alley, of which $22,735.00 will be paid by special assessments on benefited properties. Additional information regarding the proposed improvement or method of assessment may be obtained at the Engineering Division, 51 Winburn Way, Ashland OR, phone number 488-5347, weekdays during the hours of 8:00 AM to 4:30 PM. All affected property owners may appear at the hearing or submit written comments prior to or at the hearing, as to why the improvements should not be installed or why the benefited properties should not be assessed in the manner proposed. If two-thirds of the property owners to be benefited object to the improvement, the improvement will be suspended for six months. 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Q) ...J cj ~ ~ s tOI I I 01 ~ PROPOSED LIBERTY 8T LOCAL IMPROVEMENT DISTRICT D Proposed Assessment District Boundary ~ Represented in Petition 391E16AD Lot 6200 391E16AC Lot 200 391E16AC Lot 201 CITY OF ASHLAND & 1 inch equals 150 feet (") m (T) ,"'J Os "-Z ~ ~ 0-< ~ >-....J ~ "':I ~ - ~ ~ Uti) ~ ~~ o o C\I V o o CO ~ ~ o o LO ~ ~ ~ ~ Z 0 (; 0 ~ <Xl <Xl 0 0 a: (; 0 ~ 0 0 0 ~ 0 0 == ~ ~ 0 ~ C\I It) C') 01 ~ ... (; 0 0 0 (l) ~ ~ 0 0 0 0 (l) C\I (l) ~ 0 0 <Xl (l) 0 0 0 0 LO V 0 0 ,.... (l) 0 - 0 <1> C') 0 <1> C\I 0 0 U.O 0 0 0 0 0 ,.... Z-< 0 V LO CO C\I C C\J C\I C\I - C\I 0 c += Q) += E Q) 0 a. ene:- .t:: LO C en ro 0 .- ~"O 0 "'C "0 en C .- 0 0 t: Q) <(::J II 0 - "00 0 0 Q) c ..c 0 CO LO 0 0 0 Q)lD 0 C') C') 0 0 0 en Q) en en u .- 0 V C') C\I en en- - c C') O.~ - ,.... C') C') Q) Q) 0 Q) C') ... a.... Q) ..J a. Ot) >< ... Q) Q) ... .- ~ - c 0 a: a.Cl CJ) 0 LO ~ D D I LO C\J 0 PETITION FOR STREET IMPROVEMENT LOCATION: UBERTY STREET - Beginning 185' south of Clarence Lane to the end of right of way. -- RECEIVED BY THE CITY ENGINEER:)V DATE: 9/ ,o/a? NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or purchasers in possession under a recorded land sale contract of real property abutting the proposed street improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: Liberty Street beginning 185' south of Clarence Lane and extending south to the end of the right of way be improved with sidewalks, curbs, gutters, paving and drainage control features in accordance with plans and specifications therefor as shall be adopted by the City of Ashland and the cost of such paving and improvements be assessed upon the real property benefited thereby and that we are the owners of the real property fronting (or benefiting) on said street. Name (Please Print) ~~ ~.-- ,~-~ Address Tax Lot ~q~ vJf;eRT/ OTR. h.14.~7 3-407 ~o ~iUrt~ ~. /q /01- ' I 1Or)() G:\pub-wrks\eng\dept-admin\LID\Liberty Street Paving Petition.doc PETITION FOR STREET IMPROVEMENT LOCATION: LIBERTY STREET - Beginning 185' south of Clarence Lane to the end of right of way. .RECEIVED BY THE CITY ENGINEER~ DATE: .bIz 5' It> 7 NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or purchasers in possession under a recorded land sale contract of real property abutting the proposed street improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: Liberty Street beginning 1 8S' south of Clarence Lane and extending south to the end of the right of way be improved with sidewalks, curbs, gutters, paving and drainage control features in accordance with plans and specifications therefor as shall be adopted by the City of Ashland and the cost of such paving and improvements be assessed upon the real property benefited thereby and that we are the owners of the real property fronting (or benefiting) on said street. Name (Please Print) Address Tax Lot 3 L- (tS~ '3 100 CJe;> . G:\pub-wrks\eng\dept-admin\LID\Liberty Street Paving Petition. doc PETITION FOR STREET IMPROVEMENT LOCATION: LIBERTY STREET - Beginning 185' south of Clarence Lane to the end of right of way. -.JRECEIVED BY THE CITY ENGINEER:t1V DATE: f!:>/07~7 NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or purchasers in possession under a recorded land sale contract of real property abutting the proposed street improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: Liberty Street beginning 185' south of Clarence Lane and extending south to the end of the right of way be improved with sidewalks, curbs, gutters, paving and drainage control features in accordance with plans and specifications therefor as shall be adopted by the City of Ashland and the cost of such paving and improvements be assessed upon the real property benefited thereby and that we are the owners of the real property fronting (or benefiting) on said street. Name (Please Print) Address Tax Lot ~.~ ~Ld~~ -.J .!j /P . tJ{)7- E/.../2Al3erfJ/f. COkEI<. ~76 J-II7GICT'/ SI ~~/<J-~Ml B4-LJ7 1001 ~ G:\pub-wrks\eng\dept-admin\LID\Liberty Street Paving Petition.doc PETITION FOR STREET IMPROVEMENT LOCATION: LIBERTY STREET - Beginning 185' south of Clarence Lane to the end of right of way. \iIIRECEIVED BY THE CITY ENGINEER:#V DATE: "/07/67 NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or purchasers in possession under a recorded land sale contract of real property abutting the proposed street improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: Liberty Street beginning 185' south of Clarence Lane and extending south to the end of the right of way be improved with sidewalks, curbs, gutters, paving and drainage control features in accordance with plans and specifications therefor as shall be adopted by the City of Ashland and the cost of such paving and improvements be assessed upon the real property benefited thereby and that we are the owners of the real property fronting (or benefiting) on said street. Name (Please Print) Address Tax Lot ~ ~ G:\pub-wrks\eng\dept-admin\L1D\Liberty Street Paving Petition.doc PETITION FOR STREET IMPROVEMENT LOCATION: LIBERTY STREET - Beginning 185' south of Clarence Lane to the end of right of way. ..JRECEIVED BY THE CITY ENGINEER:~ DATE: 8/tn,t"7 NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or purchasers in possession under a recorded land sale contract of real property abutting the proposed street improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: Liberty Street beginning 185' south of Clarence Lane and extending south to the end of the right of way be improved with sidewalks, curbs, gutters, paving and drainage control features in accordance with plans and specifications therefor as shall be adopted by the City of Ashland and the cost of such paving and improvements be assessed upon the real property benefited thereby and that we are the owners of the real property fronting (or benefiting) on said street. Name (Please Print) Address Tax Lot ~& ~~I~~~ I' li' ,lC'}'O ~.Iu~ ~?~~,7'i(j Lzlo..vt-., ~. ,/' I 54t?7 770 ( v G:\pub-wrks\eng\dept-admin\LID\Liberty Street Paving Petition.doc PETITION FOR STREET IMPROVEMENT LOCATION: LIBERTY STREET - Beginning 185' south of Clarence Lane to the end of right of way. :..JRECEIVED BY THE CITY ENGINEER~ DATE: B L 071<:) 7 NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or purchasers in possession under a recorded land sale contract of real property abutting the proposed street improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: Liberty Street beginning 185' south of Clarence Lane and extending south to the end of the right of way be improved with sidewalks, curbs, gutters, paving and drainage control features in accordance with plans and specifications therefor as shall be adopted by the City of Ashland and the cost of such paving and improvements be assessed upon the real property benefited thereby and that we are the owners of the real property fronting (or benefiting) on said street. Name (Please Print) Address Tax Lot ~ '::.~~~8eT ~ tJ/i:J, 1 J./.. ,() J fl~~ (11 ~ #=::t -3407 7 2-00 \...,; G:\pub-wrks\eng\dept-admin\LID\Liberty Street Paving Petition.doc PETITION FOR STREET IMPROVEMENT LOCATION: LIBERTY STREET - Beginning 185' south of Clarence Lane to the end of right of way. ~RECEIVED BY THE CITY ENGINEER: r;v DATE: !3/tJ7/ ,07 NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or purchasers in possession under a recorded land sale contract of real property abutting the proposed street improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: Liberty Street beginning 185' south of Clarence Lane and extending south to the end of the right of way be improved with sidewalks, curbs, gutters, paving and drainage control features in accordance with plans and specifications therefor as shall be adopted by the City of Ashland and the cost of such paving and improvements be assessed upon the real property benefited thereby and that we are the owners of the real property fronting (or benefiting) on said street. Name (Please Print) Address Tax Lot 611 ~ ~ G:\pub-wrks\eng\dept-admin\LID\Liberty Street Paving Petition. doc PETITION FOR STREET IMPROVEMENT LOCATION: UBERTY STREET - Beginning 185' south of Clarence Lane to the end of right of way. RECEIVED BY THE CITY ENGINEE~ DATE: ZJ( (J 7/'::>7 NOTICE TO PETITlONERS: Persons signing this petition must be legal owners of record, or purchasers in possession under a recorded land sale contract of real property abutting the proposed street improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: Uberty Street beginning 185' south of Clarence Lane and extending south to the end of the right of way be improved with sidewalks, curbs, gutters, paving and drainage control features in accordance with plans and specifications therefor as shall be adopted by the City of Ashland and the cost of such paving and improvements be assessed upon the real property benefited thereby and that we are the owners of the real property fronting (or benefiting) on said street. Name (Please Print) Address Tax Lot -" JQcTtYz T f'( A.:311 A~Y N~~er-H- 68-? ot k..tX /rt5 JA~ 7/00 ~1 ~ G:\pub-wrks\eng\dept-admin\LID\Liberty Smet Paving Petition.duc PETITION FOR STREET IMPROVEMENT LOCATION: LIBERTY STREET - Beginning 185' south of Clarence Lane to the end of right of way. RECEIVED BY THE CITY ENGINEERj1 DATE: 8>/0710 7 NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or purchasers in possession under a recorded land sale contract o( real property abutting the proposed street improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: Liberty Street beginning 185' south of Clarence Lane and extending south to the end of the right of way be improved with sidewalks, curbs, gutters, paving and drainage control features in accordance with plans and specifications therefor as shall be adopted by the City of Ashland and the cost of such paving and improvements be assessed upon the real property benefited thereby and that we are the owners of the real property fronting (or benefiting) on said street. Name (Please Print) Address '!Z I ~ HA1ZD L. i-f A Y 7l'1 /..-1 B~'TY 61; ASH L-.A. f.Jt:> T ax Lot 34tS J >S~~ G:\pub-wrks\eng\dept-admin\LID\Liberty Street Paving Petition. doc 7J~i(rJ~ NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or purchasers in possession under a recorded land sale contract of real property abutting the proposed street improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: in accordance with plans and specifications therefor as shall be adopted by the City of Ashland and the cost of such paving and improvements be assessed upon the real property benefitted thereby and that we are the owners of the real property fronting (or benefitting) on said street. Name (Please Print) Add ress 16 L {.-.J p !l..1- t S p o:J S"l' Tax Lot /10 I eitl'(.. W A l-LB P. "'1<- ~J-VV~ -Gf4" Di L~ - ~Jifro ~r;V\lA Pil~ 1(i~ ~j~ \j i G * () r 't (A.. l~"t l ~ \\ \~~\W,rl0 ~~ bQ~ l~~~~--- 7~ JQ ~ L AfJD ~o tJ 161. j..J(}..rr i~Oh st-. lid J l b 4- \.\~r (" is' (J "'- <)'{- \ ijo Z Ib 4- ~.^..-( IS-" l.- st' lIoz,. \400 II HAI2-~~o"'" <.T t!)CJ 2.1..00 'S i <)(c~ v 01 veL. 2 LD 0 '2..(00 G:Dawn\Street\Petition for Street Improvement Form.wpd Liberty Street looking north Liberty Street looking south from top of hill G:lpub-wrkslengldept-adminIENGINEER\PROJECT\2004104-21 CC Liberty LID Photos.doc Liberty Street looking south ;,~ , ..., ~{,::r < .' Liberty Street looking north G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-21 CC Liberty LID Photos.doc . ,*," -'f,':!$-' ''I f . " J f, ,,- , " NEEDED REPAIRS ON HARRISON STREET NEEDED REPAIRS ON HARRISON STREET G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-25 CC Photos II 07,doc ALLEY LOOKING EAST (NOTE GARAGE & VEHICLE ACCESS) ALLEY AT MORTON STREET G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-25 CC Photos II 07.doc ALLEY LOOKING WEST FROM MORTON STREET G:lpub-wrkslengldept-admin\ENGINEER\PROJECT\2007\07-25 CC Photos 11 07.doc