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HomeMy WebLinkAbout2018-044-Contract for Goods & Services - Galardi Rothsteing Group Contract for Personal Services CITY OF CONSULTANT: Galardi Rothstein Group ASHLAND CONTACT: Deborah Galardi 20 East Main Street Ashland, Oregon 97520 ADDRESS: 7327 SW Barnes Rd. #224 Portland, OR 97225 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (503) 236-0002 DATE AGREEMENT PREPARED: 01/1712018 EMAIL: dgalardi@grg-Itd.com BEGINNING DATE: 01/17/2018 COMPLETION DATE: 10/31/2018 COMPENSATION: Not to exceed $59,950; see exhibit C. SERVICES TO BE PROVIDED: Transportation and Wastewater System Development Charge Update; see exhibit C. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings 1 Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $20,688.86 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximate) caused b the negligence of City. Contract for Personal Services 06/1912017, Page 1 of 5 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/LiabilitV of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $250,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $100,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, Contract for Personal Services 06/19/2017, Page 2 of 5 including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation, required herein, but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signat.:re herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nona ppropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall si t certification attached hereto as Exhibit A and herein incorporated b reference. onsultan . / City of Ashland By By ~U~/ Signature epartment ead eta /4 ~ a _1 t (-Iv 1 A 10bv S Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. APP VEDA T FORM a 10RI Ashland Asst. City MUM Contract for Personal Services 06/19/2017, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer I D (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in ~norul Illy expected by like-prtilessionals accordance with the higher professional standards, and ~d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent Contractor as defined in the contract documents, it is authorized to do business in Oregon, it is authorized to act on behalf of the City, and Contractor has checked four or more of the following criteria that apply to its business. i./ (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are / purchased for the business. V (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. '6) 1 assume financial responsibility for defective workmanship or for service not provided ( as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. 1-/2- l~ GI Contractor (Date) Contract for Personal Services 06/19/2017, Page 4 of 5 CITY • ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE per hour effective June 30, 2017 (Increases annually every June 30 by the - 2 Consumer Price Index) /r _ portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,688.86. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,688.86 or more. If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the Y In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, additional For Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Personal Services 06/19/2017, Page 5 of 5 EXHIBIT C FF '14, .GALARDI ROTHSTEIN January 10, 2018 Paula Brown, P.E., Public Works Director Engineering Services Building City of Ashland 51 Winburn Way Ashland, OR 97520 Subject: Transportation and Wastewater System Development Charge Update - Budget Information Galardi Consulting, LLC (DBA Galardi Rothstein Group) is pleased to submit supplemental information for the System Development Charge (SDC) Update for the City of Ashland (City). In the attached table, we provide our draft budget estimate by primary task, based on our current understanding of the project. The total "not-to-exceed" budget estimate is $59,950, and is based on the following key assumptions: • Cursory review of wastewater SDCs, and documentation in the form of technical memorandum. • Full update of transportation SDC project list, methodology and associated calculations, and fee schedule; preparation of draft and final methodology reports. • Complete review of Ashland Municipal Code Chapter 4.20 - System Development Charges • Four (4) SDC Advisory Committee meetings (project manager serves as presenter/facilitator). Committee management includes development of agendas and presentation material. • Two City Council meetings (project manager serves as presenter/facilitator). • Two on-site meeting with City staff, including project initiation meeting. Thank you for the opportunity to present this additional information. Please let me know if you require any further information. Sincerely, Deborah Galardi Member 7327 SW Barnes Rd. #224 • Portland, OR 97225 • phone: 503.236.0002 • web: www.grg-ltd.com Attachment Proposed Budget City of Ashland Transportation & Wastewater SDC Study Pro osed Budget Labor Project Task Cost Expenses Total Project Initiation & Management $11,280 $1,000 $12,280 Wastewater SDC Review $4,780 $50 $4,830 Transportation SDC Update $18,470 $940 $19,410 Code Review $3,400 $0 $3,400 Documentation $4,730 $250 $4,980 Meetings $11,200 $3,600 $14,800 Total $53,860 $6,090 $59,950 I REQUEST FOR PROPOSALS PROFESSIONAL SERVICES FOR PROJECT # 2018-07: TRANSPORTATION AND WASTEWATER SYSTEMS DEVELOPMENT CHARGES UPDATE PROJECT NO: 2018-07 PROJECTTYPE: Engineering Financial Services PROPOSALS DUE: 2:00 PM, December 21, 2017 SUBMITTAL INFORMATION:. Refer to Section 1.5 (Submittal Information) CITY PROJECT MANAGER. Paula Brown Pudic Works Director PROJECT DURATION 9 months ~r CITY OF ASHLAND PUBLIC WORKS ENGINEERING 20 E. MAIN STREET ASHLAND OR 97520 541/488-534 TABLE OF CONTENTS Advertisement 3 Section I - Introduction and Instruction to Proposers 5 1.1 Introduction 5 1.2 Public Contracting 5 1.3 Proposal Preparation and Format 5 1.4 Signature on Proposal 5 1.5 Submittal Information 5 1.6 Cancellation of RFP/Preparation Costs 6 1.7 Conformance to Solicitation Requirements 6 1.8 Definitions 6 1.9 Questions and Clarifications; Addenda 6 1.10 Protest of Solicitation 7 1.11 Protest of Intent to Award/Contract Award 7 1.12 Proposal Modification 8 1.13 Proposal Withdrawals 8 1.14 Public Records/Proprietary Information 8 1.15 Terms and Conditions 9 1.16 Proposal Opening 9 SECTION 2 - SCHEDULE 9 SECTION 3 - PROJECT OVERVIEW 10 3.1 Objectives 10 3.2 Background Information 10 3.3 Reference Documents 11 SECTION 4-CONTRACT 11 4.1 Contract Form 11 Contract Duration Contract Payment Ashland Living Wage Requirements 4.2 Business License Required 11 4.3 Insurance Requirements 12 4.4 Laws and Regulations 12 SECTION 5 - SCOPE OF SERVICES 12 5.1 General Requirements 12 5.2 Specific Requirements 13 5.3 Information/Support to be Furnished by the City 14 SECTION 6 - EVALUATION CRITERIA 14 6.1 Project Understanding and Approach 15 6.2 Project Experience 15 6.3 Project Team Experience 15 6.4 Responsiveness and Cost 15 6.5 Termination for Default 15 6.6 Scoring 16 1 SECTION 7 - EVALUATION PROCESS AND CONSULTANT SELECTION 16 7.1 Review and Acknowledgment of Defective Proposals 16 7.2 Right of Rejection/Minor Informalities 16 7.3 References 17 7.4 Responsibility 17 7.5 Clarification of Response 17 7.6 Interviews 17 7.7 Finalist Selection 18 7.8 Ties Among Proposers 17 7.9 Notice of Intent to Award 18 7.10 Contract Negotiation 18 SECTION 8 - PROPOSAL FORM 18 REQUIRED RESPONSE DOCUMENTS MWESB INFORMATION ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO PROPOSAL DOCUMENTS OSBEELS / OSBGE / ORBAE No.(s) PROPOSER INFORMATION APPENDIX 20 Appendix A: Form of Contract Including Form W-9 and City of Ashland Living Wage z ~r ADVERTISEMENT CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS REQUEST FOR PROPOSALS PROJECT # 2018-07 TRANSPORTATION AND WASTEWATER SYSTEMS DEVELOPMENT CHARGES UPDATE The City of Ashland (City) is seeking proposals from individuals, firms, teams, or consultants with demonstrated experience in Transportation and Wastewater Systems Development Charges (SDCs) and methodology development to assist the City in updating its current transportation and wastewater SDCs; Project 2018-07. This update includes conducting a full evaluation of the City's transportation SDC and a cursory review of the City's wastewater SDC. The transportation SDC update portion requires a review of the transportation/street utility financial information, the transportation system plan, the list of street projects and the capital improvements plan, the project allocation and resulting SDC methodology. For the transportation SDC portion, completely evaluate and recommend suggested methodology or methodology changes and prepare all supporting documentation for reviews and approvals by staff, the SDC Committee, and the City Council. For the wastewater SDC portion, this update is a cursory review and validation of the current charges. Should the review indicate that modifications are necessary, provide a basis of change and a draft and final report of the change along with staff and SDC Committee reviews. Otherwise, after full discussion with staff and the SDC Committee, a technical memorandum of the resulting review will suffice. Calculate revised SDCs resulting from any modifications, provide draft and final reports, discuss findings at a staff/citizen SDC Committee and participate in at least two additional public meetings for introduction and adoption of the proposed SDCs. The consultant must be familiar with Oregon Revised Statutes (ORS) 223 and have expertise in legal, financial, and engineering fields. In addition, the consultant shall review and comment on the Ashland Municipal Code Chapter 4.20, Systems Development Charges, to ensure consistency with the proposed methodology and fee administration. AMC Chapter 4.20 has not been reviewed since the late 1990s. The consultant should prepare comments on the sections dealing with Exemptions, Deferrals for Affordable Housing, Credits, etc., with respect to currency and flexibility, and also provide examples of possible updates and changes to better provide flexibility of use. The intent is to contract with a single consultant, but each portion, transportation and wastewater, will be separate tasks with separate funding streams. The completion of this project will result in new Transportation SDCs and perhaps a change in the Wastewater SDCs. Proposals must be physically received by 2:00 PM, (main lobby clock), Wednesday, December 21, 2017 in the City of Ashland Engineering Office located at 51 Winburn Way, Ashland OR 97520 or by mail at 20 E. Main Street, Ashland, OR 97520. For further information, contact Paula Brown, PE, Public Works Director or Scott Fleury, Deputy Public Works Director at 541/488-5347 or by email at paula.brown@ashland.or.us or scott.fleury@ashland.or.us. Consultant selection is anticipated to result in the issuance of a contract for engineering services in the form provided in this RFP. 3 Proposal documents may be downloaded from the Oregon Procurement Information Network (ORPIN). Any addendum that may be issued, relating to this proposal will be available from ORPIN and potential proposers are Cautioned to continuously monitor the site for updates and addendum. All proposals shall be submitted as set forth in Section 1- Instructions to Proposers. The,city is not responsible for proposals submitted in any manner, format or to any delivery point other than as required by the Solicitation Document. Proposals shall be limited to 10 pages and must be from an Oregon Professional Engineer. Consultant selection will be based upon weighed criteria as set forth in the Solicitation Document and will include criteria such as (but not limited to): special project experiences, general experience, staffing availability, schedule and response time. The City of Ashland reserves the right to reject any and all proposals, to waive formalities or to accept any proposal which appears to serve the best interest of the City of Ashland. Paula C. Brown, PE, Public Works Director 4 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS REQUEST FOR PROPOSALS PROJECT # 2018-07 TRANSPORTATION AND WASTEWATER SYSTEMS DEVELOPMENT CHARGES UPDATE SECTION I - INTRODUCTION AND INSTRUCTIONS TO PROPOSERS 1.1 INTRODUCTION The City of Ashland (City) is seeking proposals from individuals, firms, teams, or consultants with demonstrated experience in Transportation and Wastewater Systems Development Charges (SDCs) and methodology development to assist the City in updating its current transportation and wastewater SDCs. 1.2 PUBLIC CONTRACTING All contracts with the City of Ashland (City) are subject to the requirements of Oregon Revised Statutes (ORS) Chapters 279A and 279B and Chapter 2.50 of the Ashland Municipal Code. Engineering and public improvement contracts are further subject to ORS Chapter 279C. 1.3 PROPOSAL PREPARATION AND FORMAT • Proposals must be typewritten. • Except for proposer attachments, proposal form and resumes, the proposal must contain no more than five (5) pages. • No oral, telegraphic, telephone, or facsimile proposals must be accepted. • The electronic submission of a proposal will not be permitted. • To be considered, all proposals must be received by the City prior to the time and date set for closing. • A total of six original (wet signatures) complete proposals must be submitted to the City prior to the time and date set for closing. • 1 digital copy of all submitted documents on a CD or thumb drive must be submitted to the City with the proposal prior to the time and date set for closing. 1.4 SIGNATURE ON PROPOSAL Proposals must be signed in ink by a representative of the Proposer who is authorized to bind the Proposer in contractual matters. Signature on a proposal certifies that the proposal is made without connection with any person, firm, or corporation making a proposal for the same goods and/or services and is in all respects fair and made without collusion or fraud. Signature on a proposal also certifies that the Proposer has read, fully understands and agrees with all solicitation requirements, terms, and conditions. 1.5 SUBMITTAL INFORMATION Sealed proposals must be received by the City no later than 2:00 PM, Tuesday, December 20, 2017, at the following address: Engineering Services Building, City of Ashland, 51 Winburn Way, Ashland, Oregon 97520. Proposals received after the time and date set for closing will not for accepted for any reason. Paula Brown, Public Works Director, or Scott Fleury, Deputy Public Works Director, are the persons designated by the City to receive proposals. Proposals delivered to an office other than the one listed in this section will not be accepted. It is the sole responsibility of the party submitting the proposal to 5 ensure that the proposal is received at the designated location on or before the time and date set for closing. 1.6 CANCELLATION OF RFP/PREPARATION COSTS The City may cancel a solicitation, whether informal or formal, or reject all proposals, without liability incurred by City at any time after issuing an RFP, if the City believes it is in the City's best interest to do so. Proposers responding to this RFP are responsible for all costs they may incur in connection with submitting proposals in response to this RFP. Such costs may include, but are not limited to: submittal preparation, submittal, travel expenses, interviews, presentations, and evaluation of any proposal. 1.7 CONFORMANCE TO SOLICITATION REQUIREMENTS Proposals must conform to the requirements of this RFP. All necessary attachments (Bidder Residency information, Independent Contractor Certification, etc.) must be submitted with the proposal and in the required format. Failure to comply with all requirements may result in proposal rejection. 1.8 DEFINITIONS For the purpose of this RFP: "Agency" or "City" means City of Ashland, Oregon. "Business days" means calendar days, excluding Saturdays, Sundays and all City recognized holidays. "Calendar days" or "days" means any day appearing on the calendar, whether a weekday, weekend day, national holiday, State holiday or other day. "Council" means City of Ashland Council "Department" means the City of Ashland Public Works Department "Manager" means the City of Ashland Project Manager "Proposers"- All firms submitting proposals are referred to as Proposers in this document; after negotiations, an awarded Proposer will be designated as "Consultant." "Qualification Based Selection" or "QBS" (for the purposes of this RFP) means evaluations and scoring of proposals based on qualifications, experiences and project approach, without considering cost. "RFP" means Request for Proposals. "Scope of Work" means the general character and range of services and supplies needed to complete the work's purpose and objectives, and an overview of the performance outcomes expected by Agency. "Services" means the services to be performed under the contract by the Consultant. "Statement of Work" means the specific provision in the final contract which sets forth and defines in detail (within the identified Scope of Work) the agreed-upon objectives, expectations, performance standards, services, deliverables, schedule for delivery and other obligations. 1.9 QUESTIONS AND CLARIFICATIONS; ADDENDA All questions, whether relating to the RFP process, administration, deadline or award, or to the intent or technical aspects of the services to be provided, must be submitted in writing to the Public Works Director, 20 East Main Street, Ashland, Oregon 97520. All questions must be received not later than ten (10) calendar days prior to the time and date set for closing. Answers to questions received by City, which are deemed by City to be substantive, will be issued as official addenda to this RFP. Any revisions, substitutions, or clarifications to this RFP or to any of the attached terms and conditions will be contained in official addenda. The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner except by official addenda. Addenda, if necessary, will be issued not later than five (5) business days prior to the time and date set for closing for this RFP. The City will email addenda to proposers, but it will do so as a courtesy only. All official addendums will be issued through ORPIN and it shall be the proposers sole 6 responsibility to acquire any and all addendum pertaining to RFP. The proposer is strongly cautioned to monitor this site on a continual basis. Proposers must indicate the receipt of all official addenda by indicating the number of addenda received on the Proposal Form. 1.10 PROTEST OF SOLICITATION Proposers may submit a written protest of any provision, specification, or contract term contained in this RFP and may request a change to any provision, specification, or contract term contained in this RFP, not later than ten (10) calendar days prior to the time and date set for closing. A proposer's written protest must contain the following requirements: • Sufficient information to identify the solicitation that is the subject of the protest. • A detailed statement of the grounds that demonstrate how the solicitation is contrary to law or how the RFP is unnecessarily restrictive, is legally flawed, or improperly specifies a brand name. • Evidence or supporting documentation that supports the the protest. • A statement of the form of relief requested or any proposed changes to the provision, specification, or contract term. All protests must be mailed or otherwise delivered to the City addressed as follows: PROPOSAL PROTEST Proposal No. 2018-07 City of Ashland Public Works Dept. ATTN: Public Works Director 20 East Main St Ashland, OR 97520 The City may reject without consideration any protest that is not timely filed. If the protest meets the requirements of this section, the City shall consider the protest and issue a decision in writing. If the protest does not meet the requirements of this section, the City shall promptly notify the prospective proposer and give the reasons for the City's determination. If the City upholds the protest, in whole or in part, the City will either issue an addendum reflecting its determination or cancel the solicitation. Extension of time and date set for closing: If the City receives a written protest from a prospective proposer in accordance with this section, the City may extend the time and date set for closing if the City determines an extension is necessary to consider the protest and to issue any addenda, if any, to the solicitation document. Judicial review of the City's decision shall be governed by ORS 2796.405. 1.11 PROTEST OF INTENT TO AWARD/CONTRACT AWARD Every Proposer who submits a proposal shall be notified of its selection status in writing. A Proposer may protest the award of the contract or the notice of intent to award, whichever occurs first, if the proposer is adversely affected because the proposer wouId be eligible to be awarded the contract in the event that the protest is successful, and one of the requirements of ORS 2796.410(1) is met. A proposer must file a written protest under this section within seven (7) calendar days after the date of award or the notice of intent to award, whichever occurs first. The written protest must be signed by an authorized representative of the Proposer and shall specify the grounds for the protest. All protests must be mailed or otherwise delivered to the City addressed as follows: PROTEST OF INTENT TO AWARD/AWARD Proposal No. 2018-07 City of Ashland Public Works Dept. ATTN: Public Works Director 20 East Main St Ashland, OR 97520 The City shall consider protests and issue a written disposition of protests in a timely manner. The City will not consider late protests. Before seeking judicial review, an affected Proposer must first exhaust all administrative remedies. Judicial review of the City's decision shall be in accordance with ORS 27913.415 1.12 PROPOSAL MODIFICATION Modifications or amendments made before proposal submission must be initialed in ink by the person signing the proposal. Proposals, once submitted, may be modified in writing before the time and date set for closing. Any modification must be prepared on company letterhead, must be signed by an authorized representative, and must state that the new document supersedes or modifies prior proposal submissions and any other prior proposal modifications. Proposal modifications must be submitted in a sealed envelope clearly marked "Proposal Modification," identifying the RFP number and the time and date set for closing. Proposals may not be modified or amended after the time and date set for closing. 1.13 PROPOSAL WITHDRAWALS Proposals may be withdrawn by written notice submitted on the Proposer's company letterhead, signed by an authorized representative, and received by the City prior to the time and date set for closing. Proposals may be withdrawn in person before the date and time set for closing upon presentation of appropriate identification and evidence of authority to make the withdrawal satisfactory to the City. Proposals may not be withdrawn after the time and date set for closing. 1.14 PUBLIC RECORDS/PROPRIETARY INFORMATION The City is subject to the Oregon public records laws (ORS 192.410 to 192.505), which require the City to disclose all records generated or received in the transaction of City business, expect as expressly exempted in ORS 192.501, ORS 192.502, or other applicable law. Any portion of a proposal that the Proposer claims as exempt from disclosure must meet the requirements of ORS 192.501, ORS 192.502, and/or other applicable law. If a Proposer wishes to claim that certain information in a proposal is exempt from disclosure, it shall mark those pages or portions of the proposal containing the information as "confidential" and segregate them in the following manner: • The information must be clearly marked in bulk and on each page of the confidential document. • The information must be kept separate from the other proposal documents in a separate envelope or package. • Where the specification conflicts with other formatting and response instruction specifications, this specification must prevail. • Where such conflict occurs, the Proposer is instructed to respond with the following: "Refer to confidential information enclosed." This statement must be inserted in the place where the requested information was to have been placed. 8 The fact that a Proposer marks and segregates certain information in a proposal as exempt from disclosure does not mean the information is necessarily exempt. The City will make an independent determination regarding exemptions applicable to the information that has been properly marked and segregated. The entire proposal cannot be marked as confidential. 1.15 TERMS AND CONDITIONS Unless an official addendum has modified or reserved the right to negotiate any terms contained in the contract or exhibits thereto, City will not negotiate any term or condition after the protest of solicitation deadline, except the statement of work, pricing, and calendar with the selected proposer. By proposal submission, the selected proposer agrees to be bound by the terms and conditions as set forth in this RFP and as they may have been modified or reserved by City for negotiation. Any proposal that is received conditioned upon City's acceptance of any other terms and conditions or rights to negotiate will be rejected. SECTION 2 - SCHEDULE The schedule of events listed below represent City's estimated schedule for this solicitation. This schedule is SUBECTTO CHANGE and will be adjusted as required. EVENT DAILY COUNT (CALENDAR DAYS) DATE 1. Request for Proposal Released 0 11/21/2017 2. Last Date for Request for changes/Protest 10 days prior to Proposal Closing 12/11/2017 for Specifications/Questions 3. Last Date for City to Post Addenda 5 days prior to Proposal Closing 12/15/2017 4. Closing Date (last day to submit 30 days after Proposal Release 12/21/2017 Proposals) 5. Responses Evaluated 15 days after Closing Date 1/5/2018 6. Interviews Held (if necessary) 25 days after Closing Date 1/15/2018 7. Intent to Award Announced 30 days after Closing Date 1/19/2018 8. Contract Negotiations / Notice to Proceed 40 days after Closing Date 1/29/2018 9. Expected Project Completion 9 months after Contract Award 10/30/2018 9 SECTION 3 - PROJECT OVERVIEW 3.1 Objectives The City of Ashland (City) is seeking proposals from individuals or firms qualified in engineering financial services for professional consulting to complete Project 2018-07: Transportation and Wastewater Systems Development Charge Update. This update includes conducting a full evaluation of the City's transportation SDC and a cursory review of the City's wastewater SDC. The transportation SDC update portion requires a review of the transportation/street utility financial information, the transportation system plan, the list of street projects and the capital improvements plan, the project allocation and resulting SDC methodology. For the transportation SDC portion, completely evaluate and recommend suggested methodology or methodology changes and prepare all supporting documentation for reviews and approvals by staff, the SDC Committee, and the City Council. For the wastewater SDC portion, this update is a cursory review and validation of the current charges. Should the review indicate that modifications are necessary, provide a basis of change and a draft and final report of the change along with staff and SDC Committee reviews. Otherwise, after full discussion with staff and the SDC Committee, a technical memorandum of the resulting review will suffice. Calculate revised SDCs resulting from any modifications, provide draft and final reports, discuss findings at a staff/citizen SDC Committee and participate in at least two additional public meetings for introduction and adoption of the proposed SDCs. The consultant must be familiar with Oregon Revised Statutes (ORS) 223 and have expertise in legal, financial, and engineering fields. In addition, the consultant shall review and comment on the Ashland Municipal Code Chapter 4.20, Systems Development Charges, to ensure consistency with the proposed methodology and fee administration. AMC Chapter 4.20 has not been reviewed since the late 1990s. The consultant should prepare comments on the sections dealing with Exemptions, Deferrals for Affordable Housing, Credits, etc., with respect to currency and flexibility, and also provide examples of possible updates and changes to better provide flexibility of use. The intent is to contract with a single consultant, but each portion, transportation and wastewater, will be separate tasks with separate funding streams. The completion of this project will result in new Transportation SDCs and perhaps a change in the Wastewater SDCs. 3.2 Background Information The City of Ashland has an approved Transportation System Plan -TSP (Kittleson, Adopted March 2013) and an approved Wastewater Master Plan - WWMP (Kellar Associates, April 2012). The information in both plans resulted in updated SDCs (Resolution No. 2016-35, Transportation, and Resolution No. 2016- 37, Wastewater, both adopted December 20, 2016). Transportation SDCs: The most recent adoption of the Transportation SDCs resulted in a change in methodology and significant increases primarily in the commercial application of SDC fees. Those fees (improvement only for transportation SDC) went into effect on July 1, 2017, but were rescinded on November 7, 2017, for further evaluation. Wastewater SDCs: Residential and commercial wastewater SDCs have both a reimbursement and an improvement fee. Rates are based upon square footage for residential and number of fixture units for commercial/non-residential. Rates went into effect on December 20, 2016, where the fees increased 150%. 10 i 3.3 Reference Documents The City has available documents that may be utilized for the development of this update. Many of these documents may be reviewed on-line on the City's website. Additional documents and information will be supplied to the selected consultant. SECTION 4 - CONTRACT 4.1 Contract Form The consultant selected by the City will be expected to enter into a written contract in a form substantially similar to that attached to this RFP in the Appendix. The proposal must indicate acceptance of the City's contract provisions; however, suggested reasonable alternatives that do not substantially impair City's rights under the contract may be submitted as outlined under Section 1.10. Unconditional refusal to accept contract provisions will result in proposal rejection. Contract Duration - The anticipated duration of this contract is 12 months. Contract Payment- Contingent upon City's need, consultant's performance and availability of approved funding, City reserves the right to amend the contract (within the scope of the project described in this RFP) for additional tasks, project phases and compensation as necessary to complete a particular element of the project. Proposers are advised that the award and potential dollar amount of the contract under this RFP will be contingent upon approval by the Ashland City Council acting as the Contract Review Board. Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in conformance with contract requirements and applicable standards. The method of compensation will be determined by the City and may be based upon any one or combination of the following methods: • Cost plus fixed-fee, up to a maximum NTE amount • Fixed price for all services; Fixed price per deliverable; Fixed price per milestone. • Time and materials, up to a maximum NTE amount (City preferred method) • Price per unit Ashland Living Wage Requirements - Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying at least the living wage as established by the City of Ashland on June 30, 2017 ($14.81 per hour): • For all hours worked under a service contract between their employer and the City if the contract exceeds $20,688.86 or more. • For all hours worked in a month if the employee spends 50% or more of the employee's time in that month working on a project or portion of business of their employer, if the employer has ten or more employees and has received financial assistance for the project or business from the City in excess of $20,688.86. • Contractor is also required to post the notice included in the appendix predominantly in areas where it will be seen by all employees. • In calculating the living wage for full time employees, employers may add the value of health care, retirement, 401K and IRS eligible cafeteria plans, and other benefits to the employee's wages. The City of Ashland Living Wage Statement is appended to the sample contract included in the Appendix. 4.2 Business License Required The selected consultant must have or acquire a current City of Ashland business license prior to conducting any work under this contact. 11 4.3 Insurance Requirements Contactor must, at its sole expense, provide the following insurance for the entire term of the resulting contract: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 for each claim, incident, or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 for each occurrence for bodily injury and property damage. It must include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1;000,000 for each accident for bodily injury and property damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of Cancellation or Change. There must be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the contractor or its insurer(s) to the City. Additional Insured/Certificates of Insurance. Contractor must name The City of Ashland, Oregon, and its elected officials, officers and employees as additional insureds on any insurance policies required herein but only with respect to contractor's services to be provided under this contract. As evidence of the insurance coverage required by this contract, the contractor must furnish acceptable insurance certificates prior to commencing work under this contact. The certificate must specify all of the parties who are additional insureds. The consultant's insurance must be primary and non-contributory. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. must be provided to the City. The contractor must be financially responsible for all pertinent deductibles, self-insured retention and/or self-insurance. 4.4 Laws and Regulations The proposer is assumed to be familiar with all Federal, State, County, and City laws or regulations, which in any manner affect those engaged or employed in the work or the materials or equipment used or which in any way affect the conduct of the work, and no pleas of misunderstanding will be considered on account of ignorance thereof. If the proposer discovers any provision in these specifications or project information, plans or contract documents which is contrary to or inconsistent with any law or regulations, they must report it to the City of Ashland in writing. All work performed by the contractor must be in compliance with all Federal, State, County and local laws, regulations and ordinances. Unless otherwise specified, the contractor must be responsible for applying for applicable permits and licenses. SECTION 5 - SCOPE OF SERVICES 5.1 GENERAL REQUIREMENTS • Personnel, Materials, & Equipment: The Consultant must provide qualified and competent personnel and must furnish all supplies, equipment, tools and incidentals required to accomplish the work. All materials and supplies must be of good quality and suitable for the assigned work. • Safety Equipment: The Consultant must provide and use all safety equipment including, and not limited to hard hats, safety vests and clothing required by State, Federal regulations and Department policies and procedures. 12 • Professional Responsibilities: The Consultant must perform the work using the standards of care, skill and diligence normally provided by a professional in the performance of such services in respect to similar work and must comply will all applicable codes and standards. • Project Management: The Consultant and the City staff will meet as required during project duration. The objectives of the meeting will include reviewing the scope, budget, schedule and deliverables. The Consultant will organize and manage the consultant project team and coordinate with city project manager and City staff. • Monthly Invoices and Progress Reports: The Consultant must prepare monthly invoices and progress reports including the following: - Work Completed during the month by work task as a percentage of completion. - Needs for Additional Information, Reviews, or Changes to the Scope of Work. - Scope, Schedule, and Budget Issues and Changes. 5.2 SPECIFIC REQUIREMENTS The City of Ashland (City) is seeking proposals from individuals or firms qualified in engineering financial services for professional consulting to complete Project 2018-07: Transportation and Wastewater Systems Development Charge Update. This update includes conducting a full evaluation of the transportation SDC and a cursory review of the wastewater SDC. The transportation SDC update portion requires a review of the transportation/street utility financial information, the transportation system plan, the list of street projects and the capital improvements plan, the project allocation and resulting SDC methodology. For the transportation SDC portion, completely evaluate and recommend suggested methodology or methodology changes and prepare all supporting documentation for reviews and approvals by staff, SDC Committee and City Council. For the wastewater SDC portion, this update is a cursory review and validation of the current charges. Should the review indicate that modifications are necessary, provide a basis of change and a draft and final report of the change along with staff and SDC Committee reviews. Otherwise, after full discussion with staff and the SDC Committee, a technical memorandum of the resulting review will suffice. Calculate revised SDCs resulting from any modifications, provide draft and final reports, discuss findings at a staff/citizen SDC Committee and participate in at least two additional public meetings for introduction and adoption of the proposed SDCs. The consultant must be familiar with Oregon Revised Statutes (ORS) 223 and have expertise in legal, financial and engineering fields. In addition, the consultant shall review and comment on the Ashland Municipal Code Chapter 4.20 - System Development Charges to ensure consistency with proposed methodology and fee administration. This chapter has not been reviewed since the late 1990s. The consultant should prepare comments on the sections dealing with Exemptions, Deferrals for Affordable Housing, Credits, etc., with respect to currency and flexibility, and also provide examples of possible updates and changes to better provide flexibility of use. The intent is to contract with a single consultant but each portion, transportation and wastewater, will be separate tasks with separate funding streams. The completion of this project will result in new Transportation SDCs and perhaps a change in the Wastewater SDCs. 13 Specific tasks are listed below and staff welcomes any proposed additions or deletions for discussion: • Provide a data needs list to the City. Meet with City staff to collect and discuss initial data, review the work plan and schedule, discuss policy and technical issues, and "kickoff' the study. • Review and assess the SDC project list. Using the TSP and WWMP, and the input of City staff, the consultant will review and provide any concerns regarding the list of projects and costs to be used as the initial improvements fee basis. Staff will provide the current project lists and CIP. • Allocate project costs to growth. Using information provided in the plan and the input of City staff (Public Works, Finance and Community Development), the consultant will estimate the capacity-increasing portion of each project for inclusion in the improvement fee. This will serve as the improvement fee cost basis. • Determine the reimbursement fee cost basis (wastewater only). Using City asset information, policy input and staff input, the consultant will estimate the amount of eligible unused capacity in the existing wastewater systems for use in the calculation of the SDC reimbursement frees. • Calculate the improvement fee from information on the eligible cost of planned future facilities. Calculate the reimbursement fee, as applicable, from information on the cost of unused capacity in existing infrastructure. • Specifically review and comment on the Ashland Municipal Code Chapter 4.20 - System Development Charges for consistency with proposed methodology and fee administration. • . Prepare comments on the AMC 4.20 sections dealing with Exemptions, Deferrals for Affordable Housing, Credits, etc., with respect to currency and flexibility, and also provide examples of possible updates and changes to better provide flexibility of use. • Evaluate and propose an escalation clause as the basis for annual SDC increases. • Prepare draft methodology reports, one each for water and transportation, describing policy recommendations, methodology, and results for review by City staff. • Meet with City staff to review findings. • Make presentations to and manage the SDC Advisory Committee meetings. • Prepare public notifications summarizing analyses and recommended changes for distribution by City. • Prepare for and attend up to two meetings with the City Council, expected to be a work session and the SDC adoption public hearing. • Provide a final report, along with presentation materials (both digital and print copies). 5.3 INFORMATION/SUPPORT TO BE FURNISHED BY THE CITY In order to assist the consultant, City staff will furnish the following information or assistance: • Copies of previous SDC work accomplished for the City as requested by the Consultant and available from the City. • Copies of the most current wastewater and transportation systems master plans and adopted SDC project lists. • Current development status and projected build-out figures. • Financial information regarding balance of various utility SDC accounts and status of outstanding SDC credits by category. • City staff shall review and approve all work prior to final acceptance and provide direction concerning specific recommendations. • Other information/support/assistance as determined to be necessary by the City's Project Manager. SECTION 6 - EVALUATION CRITERIA Written proposals will be evaluated and scored based upon the proposers qualifications and experience as described below: 14 6.1 Project Understanding and Approach (30 Points Possible) Provide a description of your approach to complete a successful evaluation of SDCs and some of the contentious points anticipated in similar projects. Include a summary of your partnership with city staff and your overall quality control program. 6.2 Project Experience (30 Points Possible) a. Describe how your firm is organized and how its resources will be utilized to complete the work. b. Provide a summary of relevant SDC evaluations. c. Provide a concise description of at least three projects in the last 5 years, involving work similar to the activities listed in the scope of work. d. Provide a discussion of whether each of the above three projects were completed on time and on budget or needed to be revised. e. Indicate which members of the proposed project team, if any, who worked on the example projects, and their involvement. These team members should be included in the Key Persons list submitted in 6.3(b) below. f. Submit references for three of the projects described above. Include the Owners name, organization name, contact name, contact email and phone. 6.3 Project Team Experience (30 Points Possible) a. Provide a description of the proposed organizational structure to be used for the project. b. Provide a list of the key staff proposed for this project ("Key Person(s)"), a concise summary of their role, and a description of their relevant experience for this project. c. Submit resumes (no more than three resumes should be submitted that support each Key Person's relevant experience. d. Indicate which individual will manage the project and be the primary contact. Indicate the specific experience this individual has managing projects similar to this reconstruction project. e. Indicate the individual who will take the lead for public outreach and communication and the relevant experience that person has had with a similar role. f. State the estimated proportion of each Key Person's time that will be spent on City's project vs. total time spent on all Key Person's projects during the term of contract. *Submitted as Appendix A, will not count against page limit. 6.4 Responsiveness and Cost (10 Points Possible) This criterion relates to how quickly the consultant can respond to City's requests/inquiries. The Proposer must demonstrate how time will be managed; describe Proposer's office locations and how they can cost-effectively complete this project. 6.5 Termination l'or Default (No points awarded) Proposers must indicate if they have. had a contract terminated for default in the last five (5) years. Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer's non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default. NOTE: If a Proposer has had a contract terminated for default in this period, then the Proposer must submit full details including the other party's name, address and phone number. City of Ashland will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of past performance. 15 6.6 SCORING CATEGORY POSSIBLE POINTS POINTS SCORING 1. Project Understanding and Approach 30 2. Project Experience 30 3. Project Team Experience 30 4. Responsiveness and Cost 10 Total 100 SECTION 7 -CONSULTANT SELECTION A proposal selection committee will be appointed to review and evaluate the proposals received. The selection committee will consist of at least three (3) City employees. Each of the criteria listed in Section 6, EVALUATION CRITERIA, will be evaluated by the committee for the purpose of ranking the proposals, based on how fully each proposal meets the requirements of this RFP. The total number of points possible for written proposals is 100. If interviews are held as set forth in Subsection 7.6, the top ranked Proposers will be interviewed, and selection will be based on the combined results of the written proposal and interview. An additional 100 points may be scored through the interview process. Upon selection, the City will negotiate a final contract with the successful Proposer. 7.1 Review and Acknowledgment of Defective Proposals City will not acknowledge whether or not an unsuccessful proposal was complete, responsive, responsible, sufficient, or lawful in any respect. This is a public solicitation, the processes and procedures of which are established and required by Oregon law and City adopted rules. Proposers are advised to strictly follow the process, procedures, and requirements as set forth in this RFP and not anticipate or rely on any opportunity to negotiate, beyond such limitations that are identified herein. 7.2 Right of Rejection/Minor Informalities The City may reject any proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of this RFP. Proposers may not qualify the proposal nor restrict the rights of City. If a Proposer does so, the City may determine the proposal to be a non-responsive counter-offer and the proposal may be rejected. , Minor informalities that may be waived include those which: • do not affect responsiveness, • are merely a matter of form or format, • do not change the relative standing or otherwise prejudice other Proposers, • do not change the meaning or scope of the RFP, • are trivial, negligible, or immaterial in nature, • do not reflect a material change in the work, or City reserves the right to cancel this solicitation if the City determines that cancellation is in its best interest, as determined by the City. A proposal from a debarred or suspended Proposer must be rejected. 16 7.3 References City reserves the right to investigate any and all references and the past performance information provided in the proposal with respect to a Proposer's successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on a schedule, and lawful payment of employees and workers. City reserves the right to check any and all sources for information and to include sources for information other than the references provided in the Proposers proposal. City may consider information available from any such source including government bodies and regulatory authorities. 7.4 Responsibility City reserves the right to investigate and evaluate, at any time prior to award and execution of the contract, the apparent successful Proposer's responsibility for performing the contract. Submission of a signed proposal constitutes approval for City to obtain any information City deems necessary to conduct its evaluation. City reserves the right to request additional information or documentation from the successful Proposer prior to award of contract. Such information may include, but is not limited to, current and recent balance sheets, income statements, cash flow statements, or a performance bond from an acceptable surety. Failure to provide this information will result in rescission of City's Intent to Award. City may postpone the award of Contract after announcement of the apparent successful Proposer in order to complete its investigation and evaluation. Failure of the apparent successful Proposer to demonstrate responsibility must render the Proposer non-responsible and must constitute grounds for rejection of the proposal. 7.5 Clarification of Proposal City reserves the right to request clarification of any item in any proposal, or to request additional information necessary to properly evaluate a particular proposal. All requests for clarification and responses must be in writing. 7.6 Interviews The outcome of the proposal evaluations may result in placement of a Proposer on an interview list (short-listed). Should City elect to hold interviews, the total additional points possible for the interview will be 100. City may invite up to three (3) of the highest-ranked Proposers to interview. Authorized representatives of the Proposers, as identified by City, must be prepared to attend the interview within five (5) business days of notification by City, and must be prepared to answer questions provided with the invitation to interview and questions that will be provided at the time of the interview. They must also be prepared to discuss the Proposer's planned project approach. 7.7 Finalist Selection The Proposer with the highest total score as a result of the written proposal scoring and interview scoring, if conducted, will be considered the Finalist, and all other Proposers will be ranked according to next highest score, etc. 7.8 Ties Among Proposers If City determines after the ranking of potential firms, that two or more of them are equally qualified to be the Finalist, City may select a candidate through any process that the City believes will result in the best value for taking into account the scope, complexity and nature of the Work. 17 The process must be conducted so as to instill public confidence through ethical and fair dealing, honesty and good faith on the part of City and Proposers and must protect the integrity ofthe Public contracting process. As part of the procedure for choosing the Finalist between two or more equally qualified candidates, City may elect to give a preference to a local consulting firm. 7.9 Notice of Intent to Award After the completion of the evaluation and ranking, the City will issue a written Notice of Intent to Award, naming the finalist, and send copies of the Notice of Intent to Award to all Proposers. 7.10 Contract Negotiation City will begin negotiating the fees for the project, along with expanded scope of work detail, with the highest ranked Proposer and specifically, conduct direct negotiations toward obtaining written agreement on: a) Contractors performance obligations and schedule; and any expansion of the Scope of Work. b) Contractor's fees, payment methodology, and a maximum amount payable to Contractor for the Work required under the Contract that is fair and reasonable to City determined solely by City, taking into account the value, scope, complexity and nature of work. c) Any other provisions City believes to be in the City's best interest to negotiate. d) Initial negotiations will be based upon Contract Stage I City must, either orally or in writing, formally terminate negotiations with the highest ranked Proposer if City and Proposer are unable for any reason to reach agreement on a Contract within a reasonable amount of time. City may thereafter negotiate with the second ranked Proposer, and if necessary, with the third ranked Proposer, and so on, until negotiations result in a Contract. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, as determined solely by City, City may end the particular formal solicitation. Nothing in the public contracting rules precludes City from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract. SECTION 8 PROPOSAL FORM Proposals should be prepared and organized in a clear and concise manner, and must include all information required by RFP. Headers, Titles or Tabs should be used to identify required information. Responses to the Evaluation Criteria found in Section 6 must be organized in the same order listed in that Section, preferably by re-stating the Criteria, then responding below. REQUIRED RESPONSE DOCUMENTS THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE: (Place a check in front of the item indicating inclusion in your response) ❑ RESPONSE TO ALL EVALUATION CRITERIA listed in Section 6 ❑ SECTION 8 -Proposal Form ❑ Bidder Residency Information ❑ Independent Contractor Certification 18 MWESB INFORMATION City encourages contracting with minority owned, woman owned, and emerging small business (MWESB). The State of Oregon offers a certification process. Indicate below if your business is a MWESB and if so, which categories have been state certified. MWESB certified? Yes_ No If yes, indicate which categories below: Minority Owned Woman Owned Emerging Small Business Veteran Owned_ ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO PROPOSAL DOCUMENTS: Proposer acknowledges receipt of Addenda and agrees to be bound by their contents. Circle each RFP addendum received: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 Check if not applicable or no addenda were received: _ OSBEELS / OSBGE / ORBAE No.(s) Provide name(s), title(s), and certification number(s) for each Key Person listed under Section 6.3 (b). Attach additional sheet if necessary) Name: Title: Certification No: Name: Title: Certification No: Name: Title: Certification No: Name: Title: Certification No: Name: Title: Certification No: PROPOSER INFORMATION: Proposer Company Name Company Address (from which work will be performed) Telephone Number Fax Number FEDERAL ID NUMBER Person Signing RFP Title Signature: Email Address: 19 APPENDIX Attach Personal Services Contract with Ashland Living Wage W-9 20 Contract for Personal Services n CITY OF CONSULTANT: ASHLAND CONTACT: 20 East Main Street Ashland, Oregon 97520 ADDRESS: Telephone: 5411488-6002 Fax: 541/488-5311 TELEPHONE: DATE AGREEMENT PREPARED: EMAIL: BEGINNING DATE: COMPLETION DATE: COMPENSATION: SERVICES TO BE PROVIDED: ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $20,688.86 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. Contract for Personal Services, 06/19/2017, Page 1 of 5 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at anytime terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d. of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent,, of not less than Enter one: $250,000, $500,000, $1,000,000,,,-$-2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $100,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, Contract for Personal Services, 06/1.9/2017, Page 2 of 5 including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverages) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation, required herein, but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the. District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority, sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Consultant: City of Ashland By By Signature Department Head Print Name Print Name I Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, 06/19/2017, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no.longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent Contractor as defined in the contract documents, it is authorized to do business in Oregon, it is authorized to act on behalf of the City, and Contractor has checked four or more of the following criteria that apply to its business. (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) Contract for Personal Services, 06/19/2017, Page 4 of 5 V CITY 1 1 EXHIBIT B City of Ashland LIVING WAGE per. hour effective June 30, 2017 (Increases annually every June 3® by the Consumer Price Index) - - . - . , . portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the Cit of service contract between their Ashland in excess ofy ➢ Note: "Employee" does not employer and the City of $20,688.86. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,688.86 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland employee's or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, 176r additional .1ifformefflon: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Personal Services, 06/19/2017, Page 5 of 5 ACOR" CERTIFICATE OF LIABILITY INSURANCE z/1 DATE 1/z120/Y8 16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Reed Miller NAME: Keelson Partners AHCNNo E t: (503)226-1422 aC No: (503)226-2488 707 SW Washington, Suite 625 ADORIESS:rmillerQkeelson.com INSURERS AFFORDING COVERAGE NAIC # Portland OR 97205-3536 INSURERA:SAIF Corporation 36196 INSURED INSURER B : Galardi Consulting, LLC, DBA: Galardi Rothstein INSURERC: 7327 SW Barnes Rd #224 INSURERD: INSURER E : Portland OR 97225 INSURER F: COVERAGES CERTIFICATE NUMBER:17/18 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR TYPE OF INSURANCE JUM WVD POLICY NUMBER MM/DDS POLICY EXP LTR MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ F DAMAGE TO 1 OCCUR PREM SES (Ea occu ence $ CLAIMS-MADE MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY F] PRO LOC PRODUCTS -COMPIOPAGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COEaMBINED accidentSINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION X IPER AND EMPLOYERS' LIABILITY Y I N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L. EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? A (Mandatory in NH) 903099 7/1/2017 7/1/2018 E.L. DISEASE- EA EMPLOYE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE Thomas Wilkins/RAM ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD, name and logo are registered marks of ACORD INS025 (201401) ACS CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 2/1/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Reed Miller NAME: Keelson Partners aHON o E (503) 226-1422 AX No: (503)226-2488 707 SW Washington, Suite 625 E-MAIL S:rmillerQkeelson.com ADDRES INSURERS AFFORDING COVERAGE NAIC # Portland OR 97205-3536 INSURERA:Sentinel Insurance Company 11000 INSURED INSURER B : Galardi Consulting, LLC, DBA: Galardi Rothstein INSURER C: 7327 SW Barnes Rd #224 INSURERD: INSURER E : Portland OR 97225 INSURER F: COVERAGES CERTIFICATE NUMBER:17/18 GLAUTUMB REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMIDDY EFF POLICY LIMITS LTR X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE To RENTED A CLAIMS-MADE FX1 OCCUR PREMISES (E. occurrence) $ 1,000,000 X Y 52SBANX5391 4/15/2017 4/15/2018 MED EXP (Any one person) $ 10,000 -PERSONAL RADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO LOC JECT PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident A ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED 52SBANX5391 4/15/2017 4/15/2018 BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accident $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ 52SBANX5391 4/15/2017 4/15/2018 $ PER OTH- WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA OFFICER/M EMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Ashland, its elected officials, officers and employees are added as an Additional Insured as their interests may appear subject to policy terms, conditions, & exclusions. The insurance is Primary and Non-Contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE Thomas Wilkins/RAM ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (201401) • r GALACON-01 LBAKER F DATE(MM/DD/YYYY) ACORO" CERTIFICATE OF LIABILITY INSURANCE 02/02/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Taml Walsh NAME: Alliance Insurance Group PHONE FAX 941 Oak St. (A/C, No, Ext): (Arc, No): Eugene, OR 97401 noDREss: tami.waish@allianceinsgrp.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:Allied World Surplus Lines Insurance Company INSURED INSURER B : Galardi Consulting, LLC INSURER C : 7327 SW Barnes Rd #224 INSURER D : Portland, OR 97225 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS L D D (MM/DDfYYYYI IDD A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2'000'000 X CLAIMS-MADE F-] OCCUR 03053647 03/01/2017 03/0112018 DAMAGE TO RENTED PREMISES Ea occurrence $ X Professional Liabili MED EXP An one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY E PRO- LOC PRODUCTS -COMPrOPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PPeoacEcaRdent AMAGE $ AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N STATUT ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L. EACH ACCIDENT $ (Nand Rory in NHR EXCLUDED? E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Alban THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Jeni Richardson, P.E. 333 Broadalbin SW Albany, OR 97321 AUTHORIZED REPRESENTATIVE 7W_ r4 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Purchase Order ,L Fiscal Year 2018 Page: 1 of: 1 THIS PO NUMBER MUST APPEAR ON ALL B City of Ashland INVOICES AND SHIPPING DOCUMENTS I ATTN: Accounts Payable L 20 E. Main Purchase 20181223 L Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Public Works Department E GALARDI CONSULTING, LLC 1 51 Winburn Way N 7327 SW BARNES RD #224 P Ashland, OR 97520 D PORTLAND, OR 97225 Phone: 541/488-5347 0 T Fax: 541/488-6006 R 0 Vendor tit = - e= - - - - Paula Brown Date 'Ordered Qr - - i _ sag : 1Gle_ - -Departmen ova ion 03/01/2018 1650 FOB ASHLAND OR/NET30 Cit Accounts Pa able -ltem# WAKE= - - _0 ~IM - itPrice_ Exte- r~edP__e Trans & WW System Dev Chg 1 Transportation and Wastewater System Development Charge 1 $59,950.0000 $59,950.00 Update Contract for Personal Services Beginning date: 01/17/2018 Completion date: 10/31/2018 Project Account: Project Account: GL SUMMARY 083500 - 604100 $44,963.00 086300 - 604100 $14,987.00 B~ - - Date: t l Authorizo-big ature otal $59,950.00 CITY OF FORM L r~.~! ASHLAN D A El Purchase Order REQUISITION p Date of request: 01/17/2018 Required date for delivery: ASAP Vendor Name Rothstein Group Address, City, State, Zip 7327 SW Barnes Rd. #224 Portland OR 97225 Contact Name & Telephone Number Deborah Galardi (503) 236-0002 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 ' Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached _(Attach co of council communication _(If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ® (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost Transportation and Wastewater System Development Charge Update. $59950" NT 8', Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL..COST ❑ Per attached quotelproposal Project Number _ _ _ _ _ _ _ Account Number 083500.604100 $44;963 Account Number _ _ _ _ _ _ - _ _ _ _ _ _ Account Number 086300.604100 $14,987 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form, l certify that the City's public contracting requirements have been satisfied. Employee A ba A " WDepartment Head: lZala, I 2oa t qual to or reater than $5,000) Department Manager/Supervisor: City Administrator:. ~~(Equal t r greater than $25,000) Funds appropriated for current fiscal year: iNo ~l Inancep c Or (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition CITY OF -ASHLAND FORM #4 DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 I To: John Karns, Public Contracting Officer From: Paula Brown-Director of Public Works Date: 01,/l 7%2018 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than S5,000, but less than 575,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The Department of Public Works intent is to contract with a private consultant the appropriate scope of services developed for project number 2018-07. The scope of work for this project is associated with an update to the Transportation and Wastewater System Development Charge Update. The work is expected to take place in fiscal year 2018 with a not to exceed budget amount of S59,950. The amount appropriated in the current Council approved budget to perform this work is S59,950. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The City of Ashland Engineering Division does not have the adequate staff time or appropriate resources to provide the scope of service contemplated under this contract. In addition, no other Department in the City has the resources or technical knowledge to complete the work associated with this personal services contract. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 1/17/2018