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HomeMy WebLinkAbout2022-106 PO 20230197- Groundwater Solutions Inc y' WA Purchase Order ,M CITY FiECoR Fiscal Year 2023 Page:p� 1 of: 1 I,i Ei4.13l1 ._aTi sib_mai t_ FEONA1.�._Z B City of Ashland 0067411 — MOT4MOMERM= I ATTN: Accounts PayableL 20 E. Main Purchase t � L Ashland, OR 97520 . Order# 20230197 T Phone: 541/552-2010 O Email: payable@ashland.or.us 9 E GROUNDWATER SOLUTIONS, INC. H C/O Public Works Department N 55 SW YAMHILL ST., STE 300 1 51 Winburn Way D PORTLAND, OR 97204 P Ashland, OR 97520 R Email: INFO@GSIWATERSOLUTIONS.COM / Phone: 541/488-5347 O Fax: 541/488-6006 -lIW�l3t anIEAiifbei endpl4X-Ntilri eq r I stir :, 7,°" -LV eve r I -ip i. = - �_ _. :I: -, Scott Fleury ate OLderecL_ E EI_li iii r_� ]at-ERkiiii-l•M-- ._:::_14c_it ar _ °y w _. ®aE e 7 f ,7!49I- ion,L s 12/20/2022. 2107 __ FOB ASHLAND OR/NET30 City Accounts_Payable .= - $S rl f� l 1F; _ off _WitreirdidiRM Water Mgmt Conservation Plan , .1 Update City's Water Management and Conservation PLan 1.0 $100,700.00 $100,700.00 • Personal Services Agreement Completion date: 06/30/2024 Project Account: *************** GL SUMMARY*************** . 081500-604100 $100,700.00 By. Date: V �/ •- — Authorized Signature ___.--.- -_-7.:_: 100 700.00 FORM #3 / p CITY OF A request for a Purchase rd �Q1 ASHLAND REQUISITION ( Date of request: '12/8/2022 Required date for delivery: Vendor Name SI Water Solutions, Inc. Address,City,State,Zip 1600 Western Blvd.Suite 240 Corvallis OR 97333 Contact Name&Telephone Number Adam Sussman 541-753-0745 Email address )g) © ( / SOURCINGMETHOD ME HOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: 0 Invitation to Bid 0 Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ..(Attach copy of council communication) (If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council:_ 0 State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written bid(s)or proposal(s) (] Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council:12e=« Contract#_ _(Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES ❑ Special Procurement 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 ❑ Form#9,Request for Approval Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment ❑ Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached Date approved by Council:_ ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost Update the City's Water Management and Conservation 1.-100',709:0P. __ _ . - Item# Quantity Unit Description of MATERIALS Unit Price Total Cost El Per attached qu tel oposal ®g(4 w 0 ex/0(0_0 J d *(y , TOTAL COST'' Project Number 202 3_ _ _ _ _ Account Number` 9-- � y Account Number - Account Number - r/" �( *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. Employee:61)0AZ DQ kat"�� Department Heat_�� 2.s,zbZ Z Department ManagerISupervisor: City Administrator: '` .'n$s,oao) qual to or great-r than$25,000) Funds appropriated for current fiscal year: YES/ 0 2 121, . 7,01-z_ Deputy F ance Director-(Equal to or greater than$5,000) to Comments: Form#3-Requisition s Kariann Olson From: Tami Campos Sent: Tuesday,December 20,2022 11:38 AM To: Kariann Olson Cc: Scott Fleury Subject: RE:Unable to enter project number Hi Kari, •We goofed on Form 3 please use account#.081500..04 +a® noprojectcl Thank you! Tami DeMille-Campos,Administrative Analyst o e, -. tlzr City of Ashland Public Works 20 East Main Street,Ashland,Oregon 97520 541-552-2420 I TTY 800.735.2900 Tami.campos@ashland.or.us Online ashland.or.us I Social media Facebook @CityOfAshlandOregon I Twitter @CityofAshland This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and retention.If you have received this message in error,please contact me at 541-552-2420. From:Tami Campos Sent:Tuesday, December 20, 202210:42 AM To: Kariann Olson<kari.olson@ashland.or.us> Cc:Scott Fleury<scott.fleury@ashland.or.us> Subject: FW: Unable to enter project number Sorry about that! We will get right back to you Kari Tcw t,vte'Malei-ccunpo ( Administrative Analyst City of Ashland, Public Works Department 20 East Main Street,Ashland,OR 97520 / 541-552-2420 Fax:541-488-6006,TTY: 1-800-735-2900 1 • • Like Public Works on Facebook for updates and information! Like Ashland Water Conservation on Facebook for updates and information! This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records.law for disclosure and retention. If you have received this message in error,please contact me at 541-552-2420. Thank you. From: Kariann Olson<kari.olson@ashland.or.us> Sent:Tuesday, December 20, 2022 10g37.'AM •. . ,'? '..'' `'', 4_. A To:Tauri Campos<tami.campos@ashland.or.us> Cc: Kariann Olson <kari.olson@ashland.or.us> Subject: Unable to enter project number Hello, Unable to enter project#202113 for GSI Water Solutions purchase order. Do you need the project number and 081800.704200 on PO? • Please advise. Thank you. Kariann (Kari)Olson,Purchasing Specialist 4,4 or, ,,,,,,,,,,:._, , _,,, $,,,,,„ ,, f- ,, x City of Ashland , Purchasing Office 90 North Mountain Avenue,Ashland, Oregon 97520 541.488.5354 I TTY 800.735.2900 Kari.olson@ashland.or.us This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and retention.if you have received this message in error,please contact me at 541.488.5354.. 2 Menlo TO: Joseph L. Lessard, City Manager FROM: Tami De Mille-Campos, Administrative Analyst DATE: 12/8/2022 RE: City Manager Signature Needed for GSI Water Solutions Background: This item is coming to you for signature after Council approved at the December 6th business meeting. Council Action: Approval of personal services agreement. Signatures Re i uired: De ouitrKMapwou,3 Interim inac ecto: ulr`o o 3 nage? r Tema 83 Rta Maar COME C oa a 6cfcontra1 Other Relevant Information: Insurance waived or reduced? No Who to return to if different from sender? Are all other signatures required collected? Yes If no,please collect before sending them to the City Manager. Are all attachments listed included? Yes Form 3 City Standard contract AATF Council Communication CITY OF ASHLAND 20 East Main Street Tel:541-488-6002 Ashland,Oregon 97520 Fax:541-488-5311 www.ashland.or.us TTY: 800-735-2900 ,� PERSONAL SERVICES AGREEMENT (greater than $35,000.00) CONSULTANT: GSI Water Solutions,Inc. CITY O F CONSULTANT'S CONTACT: Adam Sussman ASH LAN D 20 East Main Street ADDRESS: 1600 Western Blvd., Suite 240 Ashland, Oregon 97520 Corvallis, OR 97333 Telephone: 541/488-5587 Fax: 541/488-6006 TELEPHONE: 541-602-5188 EMAIL: asussman@gsiws.com This Personal Services Agreement(hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter"City") and GSI Water Solutions Inc., an assumed business name ("hereinafter"Consultant"), for updating the City's Water Management and Conservation Plan. NOW THEREFORE,in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City, as set forth below(the "Effective Date"), and unless sooner terminated as specifically provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore,but not later than June 30, 2024. 2. Scope of Work: Consultant will update the City's Water.Management and Conservation Plan, and an extension of time for the remainder of the permit as more fully set forth in the Consultant's Scope of Work dated 11/15/2022, which is attached hereto as"Exhibit A"and incorporated herein by this reference. Consultant's services are collectively referred to herein as the "Work." 3. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 4. All Costs Borne by Consultant: Consultant shall, at its own risk,perform the Work described above and, unless otherwise specified in this Agreement, furnish all labor, equipment, and materials required for the proper performance of such Work. 5. Qualified Work: Consultant has represented, and by entering into this Agreement now represents,that all personnel assigned to the Work to be performed under this Agreement 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. Page 1 of 6: Personal Services Agreement with GSI Water Solutions,Inc. M1 6. Compensation: City shall pay Consultant the sum of$100,700.00 (one hundred thousand seven hundred dollars) as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of$100,700.00 (one hundred thousand seven hundred dollars) without the express,written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within thirty (30) days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,payments will be made for any phase of the Work completed and accepted as of the date of termination. 7. Ownership of Work/Documents: All Work,work product, or other documents produced in furtherance of this Agreement belong to the City, and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is $22,310.46 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as "Exhibit B"predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its officers, employees, and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction)to property, : . . . • .. _ . - =to the extent caused by negligent performance of this Agreement by Consultant(including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions,costs,judgments, or other damages, caused solely by the negligence of City. 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City at any time upon not less than thirty (30) days' prior written notice delivered by certified mail or in person. c. For Cause. City may terminate or modify this Agreement, 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 Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or Page 2 of 6: Personal Services Agreement with GSI Water Solutions,Inc. iii. If any license orcertificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen(15) days of the date of the notice, or within such other period as the party giving the notice may authorize in writing, then the Agreement 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 Agreement. City,by written notice to Consultant of default or breach,may at any time terminate the whole or any part of this Agreement if Consultant fails to provide the Work called for by this Agreement within the time specified herein or within 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 Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement 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 Subsection a,b, c, or d of this section, Consultant shall immediately cease all activities under this Agreement, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all Agreement documents, information,works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer that will comply with ORS 656.017. 13. Assignment: Consultant shall not assign this Agreement 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 of the Work shall not create any contractual relation between the assignee or subcontractor and City. 14. 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 under the 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 Page 3 of 6: Personal Services Agreement with GSI Water Solutions,Inc. • in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under,this Agreement. 15. Insurance. Consultant shall, at its own expense,maintain 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 $2,000,000 (two million dollars)per claim. This is to cover any damages caused by error, omission or negligent acts related to the Work to be provided under this Agreement. c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury,Death, and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 (one million dollars) for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. 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 thirty (30) days'prior 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 Agreement. The consultant's insurance is primary and non-contributory.As evidence of the insurance coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. 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. 16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color,religion, creed, sex,marital status, familial status or domestic partnership,national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall,throughout the term of this Agreement, including any extensions hereof, comply with: (i)All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and Page 4 of 6: Personal Services Agreement with GSI Water Solutions,Inc. (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant, for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement,has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Governing Law; Jurisdiction; Venue: This Agreement 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 the Consultant that arises from or relates to this Agreement 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 its signature hereon of its authorized representative,hereby consents to the in personam jurisdiction of said courts. 19. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT 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 AGREEMENT. CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement 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 Agreement. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Consultant,with no further liability to Consultant. Page 5 of 6: Personal Services Agreement with GSI Water Solutions,Inc. 22. Certification. Consultant shall sign the certification attached hereto as "Exhibit C" and incorporated herein by this reference. CITY OF ASHLAND: GSI WATER SOLUTIONS,INC. (CONSULTANT): By: By: f‘ydfireeZlefei ger Signature nn CZ."S C-10-5`01 £ ` Le.1-3a Ir-CP Adam Sussman ✓ Printed Name ���� Printed Name 21/2/2-2.-- Principal te Title 11/30/2022 f, / Date D Purchase Order No. f(W-9 is to be submitted with this signed Agreement) AP' fVEDASTOFORM: a City Attorney 11-28-22 Date Page 6 of 6: Personal Services Agreement with GSI Water Solutions,Inc. • EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating •a ment of a livin. wase. $17.02 per hour, effective June:30, 2022. The Living Wage is adjusted annually every MIL • June 30 by the Consumer Price Index Employees must be paid a portion of business of their 401K and IRS eligible living wage: 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: For temporary and employer and the City of $24,050.68. part-time employees,the Ashland if the contract Living Wage does not apply exceeds$24,050.68 or more. > If their employer is the City of to the first 1040 hours worked Ashland,including the Parks in any calendar year. For > For all hours worked in a and Recreation Department. more details, please see month if the employee spends Ashland Municipal Code 50%or more of the > In calculatingthe livingwage, employee's time in that month g Section 3.12.020. employers may add the value working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Page 1 of 1 EXHHIBIT B EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through its authorized representative, 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) Consultant 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. Consultant further represents and warrants to City that: (a) it has the power and authority to enter into this Agreement and perform the Work, (b)the Agreement,when executed and delivered, shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c)the work under the Agreement shall be performed in accordance with the highest professional standards, and(d) Consultant is qualified,professionally competent, and duly licensed(if applicable)to perform the Work. Consultant 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 Agreement, it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. x (1) Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private residence, set aside as the location of the business. x (2) Commercial advertising or business cards or a trade association membership are purchased for the business. x (3) Telephone listing is used for the business separate from the personal residence listing. x_ (4)Labor or services are performed only pursuant to written contracts. x (5)Labor or services are performed for two or more different persons within a period of one year. x (6) Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission(professional liability) insurance or liability insurance relating to the Work or services to be provided. _Consultant's signature 11/30/2022 Date Page 1 of 1 EXHIBIT C SCOPE OF WORK:CITY OF ASHLAND WMCP UPDATE rie Water Solutions,Inc. November 15, 2022 Scott Fleury, PE, Public Works Director City of Ashland 20 E. Main Street Ashland, OR 97520 Dear Scott: GSI Water Solutions, Inc. (GSI), is pleased to provide the City of Ashland (City)this scope of work to update the City's Water Management and Conservation Plan (WMCP). We value our partnership with the City and appreciate this opportunity to continue to work with you. Scope of Services The purpose of this project is to update the City's WMCP consistent with the requirements of Oregon Water Resources Department(OWRD). In addition,we understand that the City requests an assessment of water supply that considers climate impacts on its sources of supply and future demands,an identification and evaluation of potential water reuse opportunities, and recommendations that will enhance the City's robust conservation program. GSI also understands the City will invite public involvement during the WMCP update process through the use of an advisory committee and by hosting a virtual "open house"to serve as a community forum. Meetings with City Council at key milestones will also be incorporated into the WMCP update process.These components are incorporated within the following scope of services. 1.1-Update and Develop Introduction and Executive Summary: Introduce the purpose and goals of the City's WMCP update and describe how the WMCP meets the requirements of OWRD described in Oregon Administrative Rule Chapter 690, Division 86.Summarize the results and conclusions of the WMCP in an executive summary. Deliverables: Draft and final Introduction and Executive Summary 1.2-Update and Develop Water Supplier Description: Obtain and analyze historical demand by source and use by customer classes to determine rates and volumes of water diverted,consumption,and water losses. Document changes to intergovernmental agreements and water rights since 2013 and re-evaluate the adequacy and reliability of the City's sources authorized by these rights based on historical records. Confirm use restrictions and potential use restrictions on these sources. References include the water system master plan,the previous WMCP and WMCP progress report, and other relevant documents,supplemented with additional information from the City. Draft a Water Supplier Description section to meet the requirements of OAR 690-086-140 which includes:water source(s), interconnections, intergovernmental agreements,service area,service population, adequacy and reliability of existing water supplies,water demands,water rights, identification of streamflow- dependent species, customer descriptions,system description and schematic, and water loss. Deliverables: Draft and final Water Supplier Chapter Assumptions: City will provide historical demand data in Microsoft Excel; City is unable to provide aggregated consumption data. GSI Water Solutions,Inc.•1 • SCOPE OF WORK:CITY OF ASHLAND WMCP UPDATE 1.3-Update and Develop Water Conservation Element: Identify contemporary information about system management, operational measures, and conservation program measures implemented by the City that contribute to water conservation since completion of the City's 2013 WMCP. Utilize the City's 2018 WMCP progress report for relevant information. Conduct two water conservation workshops with City staff and Medford Water staff that support the City's conservation program to identify strengths and weaknesses of current conservation efforts and to prioritize modifications or additional actions.These workshops can be informed by reviewing the Maddaus Water-Management conservation model output previously generated for the City, referencing the conservation programs of other well-regarded water providers,and drawing on the water conservation experience of GSI staff gained while helping develop the conservation programs of other water providers. (As noted below, a meeting with the advisory committee and City Council will focus on current and potential new conservation measures and ideas to boost the City's conservation marketing efforts). Following workshops and advisory committee input, update conservation measures and associated benchmarks appropriate to meet the WMCP rules and the City's conservation goals. Draft a Water Conservation Element section to meet the requirements of OAR 690-086-0150 which includes: a description of existing conservation measures and water use and reporting programs,five-year benchmarks for all required conservation measures which include, but are not limited to,annual water audits, meter testing and replacement,water loss, rate structures and billing practices, public education,technical and financial assistance to customers to implement conservation, and inefficient fixture replacement programs. Reuse Review the 2011 Water Conservation and Reuse Study developed for the City to identify current and potential water reuse projects. Informally survey reuse projects implemented by other water providers. During one of the two conservation workshops described above,work with City staff to identify any previously considered reuse projects and reuse projects that could have multiple benefits,such as reuse at North Mountain Park. (As noted below a meeting with the advisory committee and City Council will include a focus on current and potential reuse projects). Following staff workshop and advisory committee input,summarize the pros and cons and potential fatal flaws of identified reuse projects.This summary is intended to inform future City discussions about the viability of reuse projects.Summarize the process and results in the water conservation chapter and in the water supply chapter of the WMCP, as appropriate. Deliverables: Draft and final Water Conservation Chapter; draft and final Technical Memorandum summarizing process and findings associated with reuse evaluation and workshops on conservation program enhancements. 1.4-Update and Develop Curtailment Element: Update the existing WMCP curtailment section to include assessments of the City's abilities to maintain delivery during shortages and to describe any water supply deficiencies experienced within the last ten years. Evaluate and make recommendations to the City's curtailment triggers and associated curtailment measures as needed and add a description of how the City would respond to a State drought declaration. Deliverables: Draft and final Water Curtailment Chapter. Assumptions:The existing curtailment plan is generally adequate in its current form to serve the City's needs over the next ten years. 1.5-Update and Develop Water Supply Element: Delineate the City's future service areas.To the extent possible use recent forecasts for population and demand to 2032, 2042, and if feasible to 2072. Evaluate and incorporate the effects of any new water conservation program measures on future demand. Estimate and incorporate the effects of climate change on demand projections and the future availability of existing water supply sources (see Climate Change below).Analyze how the City's water rights will likely be used to meet projected demands.Seek continued or greater access to existing water use permits as appropriate. Research and evaluate potential future supply options as needed,such as acquiring additional water rights,supply through GSI Water Solutions,Inc.•2 SCOPE OF WORK:CITY OF ASHLAND WMCP UPDATE intergovernmental agreements, interconnections with other suppliers, water reuse and water conservation. Draft a Water Supply Element section to meet the requirements of OAR 690-086-0170. Climate Change Working with sub-consultant David Rupp (Oregon State University), analyze the potential future impacts of climate change on water demands and the City's sources of water supply over a 50-year period.With respect to water demand, quantify thesensitivity of projected demands to anticipated changes in temperature and rainfall events as a result of climate change.To make projections of future climate impacts on water demand,the temperature sensitivities derived from the historical data will be applied to temperature projections spanning the next 10, 20,and 50 years.The temperature projections will be based on downscaled daily maximum temperature output from twenty global climate models.With respect to water supplies, use of regional climate change information will be used to describe impacts to water quantity and water quality for the City's Lost Creek Reservoir and Talent Irrigation District sources. Particular attention will be given to a quantitative impact on the availability of water from the Ashland Creek watershed and Reeder Reservoir. (As noted below a meeting with the advisory committee and City Council will focus on climate change impacts to demand and supply).As appropriate, climate change impacts analysis will be incorporated into the water supply chapter of the WMCP. Supply Planning As part of developing the Water Supply Chapter, GSI will review the City's approach to supply planning and annual sequencing of sources and recommend potential adjustments as appropriate in light of climate change, reuse,and conservation and potential regulatory impacts on those sources. Deliverables:Draft and final Water Supply Chapter;draft and final technical memo describing the climate change analysis methods and summarizing the results; draft and final technical memorandum regarding supply planning and annual sequencing. 1.6-City Council Meetings: Participate in up to 3 City Council meetings (2 work sessions and one approval meeting). Meetings will be set to coincide with project milestones and needed input. Preliminary topics and possible sequencing of meetings as follows: City Council Study Session #1-overview of WMCP,water conservation and reuse City Council Study Session #2-water supply, climate change impacts City Council Meeting-review of WMCP,seek approval as appropriate Deliverables: Prepare and present contents for each meeting. Assumptions: One GSI team members will participate in person for the two work sessions; other team members will participate via video conference. One GSI team member will participate in the City Council meeting;other team members will participate by video conference. Meeting dates to be determined in coordination with City staff. 1.7-Advisory Committee Meetings: Participate in up to 4 advisory committee meetings. Preliminary topics and possible sequencing of meetings as follows: Advisory Committee Meeting#1-WMCP overview, establish clear goals and objectives for the group Advisory Committee Meeting#2-water conservation and reuse Advisory Committee Meeting#3-water supply, climate change Advisory Committee Meeting#4-overview of draft WMCP Deliverables: Prepare and present contents for each meeting. Assumptions: One GSI team member will participate in the first meeting in-person;the remainder of the meetings will be by video conference. Meeting dates to be determined in coordination with City staff. City staff coordinate establishment of the committee,setting meetings,distributing agendas, and all other meeting logistics.Advisory Committee's scope of responsibilities to include providing input on results of GSI Water Solutions,Inc.•3 SCOPE OF WORK:CITY OF ASHLAND WMCP UPDATE analyses and studies conducted by GSI and subcontractor and on programmatic measures,such as conservation program measure alternatives. 1.8-Virtual Open House: GSI will coordinate with City staff and prepare materials (draft WMCP, brief presentation and survey questions)for use in an on-line virtual WMCP open house.The open house will be timed to provide feedback on the draft WMCP prior to review by City Council. Deliverables: Prepare materials for use on-line. Assumptions: City staff coordinate the on-line virtual open house and associated logistics. 1.9-Prepare Draft and Final Updated WMCP(Deliverables) Compile the WMCP sections from above and prepare draft and final WMCPs as follows: a) Revise draft WMCP update per City's review and input from the advisory committee, open house participants and City Council and submit to affected local governments for review per OAR 690-086- 120(8) b) Revise draft WMCP update per comments from affected local governments, if any c) Submit draft WMCP to OWRD d) Finalize WMCP per comments from OWRD and submit to City for final review e) Submit final WMCP to OWRD for approval Deliverables: Draft and final versions in word and searchable pdf formats. 1.10-Communications with City Staff: GSI will hold one project kick off meeting via video conference with the City. GSI also will hold up to 3 informal.conference calls or video conference meetings with the City as needed for check-ins and project coordination.The topics and timing for these meetings can be adjusted as jointly determined by the City and GSI as needed. Schedule of Services OWRD's final order approving the City's 2013 WMCP identifies that the plan is in effect until March 3, 2024.The updated plan should be submitted to OWRD with sufficient time for review, revisions, and approval prior to this expiration date.The following schedule is an estimate of timeframes to accomplish the City's goals and will be refined with City staff as the project progresses. Event Anticipated Completion Dates 2022 Notice to proceed Mid-December Kick off meeting January Information Request Submitted to City January 2023 Council,Advisory and Virtual Open House February-September Submit individual draft sections for City review/comment April August Submit for local government review October Submit draft updated WMCP to OWRD November 2024 Revise updated WMCP per OWRD comments,submit revisions to City and submit to OWRD for final review January(estimate)* GSI Water Solutions,Inc. 4 SCOPE OF WORK:CITY OF ASHLAND WMCP UPDATE Submit draft final and final updated WMCP to OWRD February(estimate)* Receive updated WMCP Final Order from OWRD March (estimate)* *These dates are dependent upon OWRD's review and response times,which can vary. Proposed Fees for Services Based on our current understanding of the project,our estimated not-to-exceed time-and-materials fee to complete the project is$100,700.The table below is a summary of the estimated budget. Outside Direct ___ _ _ _ _ _ Labor.Hours___ _Labor Cost_____Services Expenses _ Total Project Totals 593 $89,975 $9,900 $825 $100,700 GSI will not exceed this fee estimate without prior authorization by the City. GSI's current fee schedule is attached. Our fee estimate above does not include the OWRD fee for WMCP submittal,which is currently$2,450.We have assumed the City will pay the required fee directly. Thank you for the opportunity to help the City of Ashland update its Water Management and Conservation Plan. We look forward to working with you. Please do not hesitate to contact me with any questions or a need for additional information. Sincerely, Adam Sussman Principal Water Resources Consultant Enclosure: GSI current fee schedule GSI Water Solutions,Inc.•5 • • Water Solutions,Inc. 2022 GSI Fee Schedule Labor Category Hourly Rate Technical Professionals Principal $180 - $245 Supervising $160 - $205 Managing $140 - $170 Consulting $125 - $150 Project $110 - $135 Staff $95 - $115 Other Services GIS/Graphics/Database $105 - $160 Editor/Documents $110 - $135 Administration $70 - $110 The hourly rate for trial preparation and expert witness testimony is 1.5 times the standard billing rate shown above. Expenses • Mileage: IRS authorized rate/mile plus 10 percent markup • Direct expenses and outside services: Cost plus 10 percent markup • Enterprise GIS: $50 per month for the duration of use a • www.saif.com sail :.. Oregon Workers' Compensation Certificate of Insurance Mail to: Certificate holder: GROUNDWATER SOLUTIONS INC CITY OF ASHLAND GSI WATER SOLUTIONS INC ATTN:TAMI DE MILLE-CAMPOS 55 SW YAMHILL ST STE 300 20 EAST MAIN STREET PORTLAND, OR 97204-3331 ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated.The insurance afforded by this policy is subject to all the terms,exclusions and conditions of such policy;this policy is subject to change or cancellation at any time. Insured Producer/contact Groundwater Solutions Inc SAIF Corporation Gsi Water Solutions Inc Gabrielle N Kliewer 55 SW Yamhill St Ste 300 503.673.5239 gabkli@saif.com Portland, Or 97204-3331 Issued 11/30/2022 Limits of liability Policy 738154 Bodily Injury by Accident $1,000,000 each accident Period 11/01/2022 to 11/01/2023 Bodily Injury by Disease $1,000,000 each employee Body Injury by Disease $1,000,000 policy limit Description of operations/locations/special items GSI Project#0658.004-Water Management and Conservation Plan 2022 Important This certificate is issued as a matter of information only and confers no rights to the certificate holder.This certificate does not amend,extend or alter the coverage afforded by the policies above.This certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the certificate holder. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED TO THEPOLICYHOLDER AND CERTIFICATE HOLDER IN ACCORDANCE WITH THE POLICY PROVISIONS AND OREGON LAW. SAIF WILL ENDEAVOR TO PROVIDE WRITTEN NOTICE WITHIN 30 DAYS WHENEVER POSSIBLE. Authorized representative eAt— e Chip Terhune President and CEO 400 High Street SE Salem,OR 97312 P:800.285.8525 Policy_OLCA_CertificateOflnsurance F:503.584.9812 • ARD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YW1) 11/30/2022 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 NAME: • Jennifer Aguirre AssuredPartners Design Professionals Insurance Services, LLC (A/c°.No.Ext):(510)465-3090 FAX 3697 Mt. Diablo Blvd Suite 230 (A/C,No): Lafayette CA 94549 ADDRESS: DesignProCerts©AssuredPartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURERA:Hartford Accident and Indemnity Company 22357 INSURED GROUSOL-03 INSURER B:Crum&Forster Specialty Insurance Company 44520 Groundwater Solutions, Inc. INSURERC: dba GSI Water Solutions, Inc. 55 SW Yamhill Street, Suite 300 INSURERD: Portland, OR 97204 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:1481072245 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. INSRLTYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) .LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y EPK141666 11/1/2022 11/1/2023 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $50,000 _ X WA Stop Gap MED EXP(Any one person) $5,000 X XCU Included PERSONAL&ADV INJURY $2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE $2,000,000 POLICY X 128: LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y 57UECVK6212 11/1/2022 11/1/2023 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per.person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED XNON-OWNED , PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) B UMBRELLA LIAB X OCCUR Y Y EFX121537 11/1/2022 11/1/2023 EACH OCCURRENCE $1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y I N • STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional& EPK141666 11/1/2022 11/1/2023 Per Claim $1,000,000 Contractors Aggregate $2,000,000 Pollution Liability DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may beattached if more space is required) GSI Project#0658.004-Water Management and Conservation Plan 2022 The City of Ashland,Oregon,and its elected officials,officers and employeesare an additional insured as respects general liability or as endorsed to the applicable policy and attached to this certificate.Waiver or Subrogation,Primary and Non-contributory,and Severability of Interest coverage applies as endorsed to each applicable policy and attached to this certificate.Additional Insured status does not apply to the professional liability policy. CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Tami De Mille-Campos 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 st4mitzkk ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy# EPK141666 CRUM&FORSTER' THIS ENDORSEMENT CHANGES THE POLIO*. PLEASE READ IT CAREFULLY: ADDITIONAL, INSURED - OWNERS, LESSEES OR CONTRA_CTORS- This endorsement modifies insurance firOYidecl uhtler the tollOWing: COMMERCIAL LIABILITY COVERAGE PART OQNTRACTORS POLLUTION LIABILIMCOVERAOE PART _SCHEDULE Nahle Of Additional Insured PerSofl(s)or Organization(s) Blanket when specifically required in a written contract with the named insured. SECTION III —WHO IS AN INSURED Within the,Common PrciVitiOns is amended o inclUcle at an,additiohal *wed the person(s) or .organization(s) indicated in the LSchedule shown above, but only with 'respect. to liability caused, in whole or in part, by"your work'for that insured which is performed by you or by those acting on your behalf. ALL,OTHERTERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED: EN011140211 age..i Of 1 Policy# EPK141666 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Person(s) or Location And Description Of Completed Organization(s): Operations Blanket when specifically required in a written contract with the named insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III — Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". EN0320-0211 Page 1 of 1 • Policy# EPK141666 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) Blanket when specifically required in a written contract with the named insured A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of"your work" performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0118-0211 Page 1 of 1 57UECVK6212 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form,the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. -WHO IS AN INSURED - of partnership or joint venture,formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an "insured" under any other automobile (1) The agreement requires you to policy or would be an "insured" under provide direct primary insurance for such a policy but for its termination or the lessor and the exhaustion of its Limit of Insurance. (2) The"auto"is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. -WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or"property damage" that results by the conduct of an "insured"under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered"auto." Paragraph A.1. -WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract,and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of'insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this insurance is primary and we will not (b) The Limits of Insurance shown in the Declarations. seek contribution from that other insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but•we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or"suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance;and own insurance. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss We will share the remaining loss, if any, by the If you have agreed in a written contract method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT byadding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2011,The Hartford (Includes copyrighted material Form HA 9916 03 12 of ISO Properties, Inc.,with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the"outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos"you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended warranties, credit life Insurance, health, accident The most we will pay for "loss" to any hired or disability insurance purchased with the loan or "auto"is: lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss"; or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage. No deductible applies to"loss"caused 8. ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs B.4 - and excess provisions, we will provide coverage. EXCLUSIONS - of SECTION III - PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered"auto"you own. following: We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". is: This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered "auto"; "employees", partners (if you are a partnership), . (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered"auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1)and (2)above; or ©2011,The Hartford (Includes copyrighted material Form HA 9916 03 12 of ISO Properties, Inc.,with its permission.) Page 3 of 5 • (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered"auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same"accident",the following applies:. b.Section III, — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 is the most we will pay for"loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT, CLAIM,SUIT OR LOSS equipment(other than equipment designed The requirement in LOSS CONDITIONS 2.a. - solely for the reproduction of sound, and DUTIES IN THE EVENT O F ACCIDENT,CLAIM, accessories used with such equipment) SUIT OR LOSS - of SECTION IV - BUSINESS that reproduces, receives or transmits AUTO CONDITIONS that you must notify us of audio, visual or data signals which,•at the time of"loss", is: an "accident" applies only when the "accident"is known to: _ (1) Permanently installed in or upon (1) You, if you are an individual; the covered "auto" in a housing, opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company; or such equipment; (4) An executive officer-or insurance manager, if (2) Removable \from a perThanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS integral part of that equipment; or (3)An integral part of such equipment. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we c.For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO -COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. - of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A. -COVERAGE-of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's" responsibility to pay damages for "bodily injury" or "property damage" is "auto"to you. determined in a"suit,"the"suit" is brought in 10. GLASS REPAIR;WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D.-DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ©2011,The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc.,with its permission.) Page 4 of 5 • We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss"is$10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal combustion engine and one or more electric Paragraph 2. of the COMMON POLICY motors to move the auto, or the internal CONDITIONS - CANCELLATION - applies combustion engine to charge one or more except as follows: electric motors,which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an "auto"for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In addition to the actual cash value of the "auto", In the event of a total loss to a "non-hybrid" auto we will pay up to $1,000.for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered "auto" at the Loss, or Collision coverages are provided under time of total loss. Regardless of the number of this Coverage Form, then such Physical autos deemed a total loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.If the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500, of the "non-hybrid" auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," ©2011,The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 5 of 5 Council Business Meeting December 6, 2022 Agenda Item Personal Services Contract—Water Management and Conservation Plan From Scott Fleury PE Public Works Director Contact Scott.fleury@ashland.or.us SUMMARY Before Council is a personal services contract with GSI Water Solutions for the development of an updated Water Management and Conservation Plan(WMCP). This project was publicly advertised with a formal Qualifications Based Proposal (RFQ). GSI Water Solutions Inc. was selected as the most qualified among two proposers. POLICIES,PLANS & GOALS SUPPORTED City Council Goals: Essential Services • Drinking Water System Enhance Value Services: • Water Conservation • Address Climate Change CEAP Goals: Natural Systems: Air,water, and ecosystem health, including opportunities to reduce emissions and prepare for climate change through improved resource conservation and ecosystem management. • Strategy NS-2: Manage and conserve community water resources • Strategy NS-3: Conserve water use within City operations Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Deliver timely life cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and financial resources BACKGROUND AND ADDITIONAL INFORMATION A municipal WMCP provides a description of the water system, identifies the sources of water used by the community, and explains how the water supplier will manage and conserve supplies to meet future needs. Preparation of a WMCP is intended to represent a pro-active evaluation of the management and conservation measures that suppliers can undertake. The planning program requires municipal water suppliers to consider water that can be saved through conservation practices as a source of supply to meet growing demands if the saved water is less expensive than developing new supplies. As such, a WMCP represents an integrated resource management approach to securing a community's long-term water supply. Effective water management requires an evaluation of the adequacy of water supplies to meet current and future needs, identification of planned modifications in water systems, and development of new water supplies. WMCPs provide information important in water resources planning and management. The plans may also provide support Page 1 of 3 CITY OF ASHLAND for applications for new water use permits,water right transfers and permit amendments,requests_for permit extensions of time, and approvals of water exchanges and reservations of water. The purpose of this project is to review and update the City's WMCP. In conjunction with the development of the WMCP as required by Oregon Administrative Rule (OAR), the City is interested in understanding climate impacts to each of its three distinct supply sources,understanding potential reuse opportunities, and undertaking a fresh look into the City's robust conservation program. The WMCP is a requirement of the Oregon Health Authority(OHA) and is to be updated on reoccurring five-year cycles. The City's current WMCP is approved by OHA until spring of 2024 and the new one must be complete and submitted for review/approval to OHA by the end of 2023. Staff advertised the Water Management and Conservation Plan on August 18,2022, on the OregonBuys site, in the Daily Journal of Commerce, and on the City's website. Two proposals were received on September 22, 2022. In October of 2022, the City of Ashland completed the review process for selection of a consultant for the Water Management and Conservation Plan Project. Proposals were submitted by GSI Water Solutions Inc. and RH2 Engineering Inc. The proposals were graded by Julie Smitherman, Water Efficiency& Customer Service Manager(Medford Water Commission), Ciara Marshall,Water Resources Technician, and Scott Fleury PE, Public Works Director. The results of the scoring are as follows: . CONSULTANT NOTAL SCORE RANK GIS Water Solutions Inc. 288 1 RH2 Engineering Inc. 276 2 Both proposers were notified on October 11, 2022 of the City's intent to begin contract negotiations with GSI Water Solutions. GSI Water Solutions and City staff began a robust discussion to develop the scope of work that is included as part of the personal services contract,reference attachment#1. Staff agrees with the scope and fee developed by GSI Water Solutions to develop the WMCP update. In association with the scope of work, staff recommends initiating a Water Advisory Management Committee, similar to the Ashland Water Advisory Committee that participated in development of the last two Water Master Plans. The MAC would meet approximately four times at critical junctures during plan development. The MAC recommendations would be included with all the information brought to Council in the three meetings scheduled in the scope for Council presentations. FISCAL IMPACTS The project is budgeted for in the 2021-2023 Biennium in the water fund at$150,000. There are appropriate funds to cover the project development. STAFF RECOMMENDATION Staff recommends Council move approval of the personal services contract to develop the formal Water Management and Conservation Plan for$100,700. ACTIONS,OPTIONS &POTENTIAL MOTIONS I move approval of a personal services contract with GSI Water Solutions Inc. in the amount of$100,700 for development of the Water Management and Conservation Plan. Page 2 of 3 CITY OF ASHLAND REFERENCES &ATTACHMENTS Attachment#1: Personal Services Contract with GSI Water Solutions Inc. for the Water Management and Conservation Plan Attachment#2: Qualifications Based Solicitation Document for the WMCP Page 3 of 3 CITY OF ASHLAND PERSONAL SERVICES AGREEMENT (greater than $35,000.00) CONSULTANT: GSI Water Solutions,Inc. Cif * 0 F CONSULTANT'S CONTACT: Adam Sussman ASHLAND 20 East Main Street ADDRESS: 1600 Western Blvd., Suite 240 Ashland,Oregon 97520 Corvallis, OR 97333 Telephone: 541/488-5587 Fax: 541/488-6006 TELEPHONE: 541-602-5188 EMAIL: asussnian@gsiws.com. This Personal Services Agreement(hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter"City") and GSI Water Solutions Inc., an assumed business name("hereinafter"Consultant"), for updating the City's Water Management and Conservation Plan. NOW THEREFORE,in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City, as set forth below(the"Effective Date"), and unless sooner terminated as specifically provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore, but not later than June 30, 2024. 2. Scope of Work: Consultant will update the City's Water Management and Conservation Plan, and an extension of time for the remainder of the permit as more fully set forth in the Consultant's Scope of Work dated 11/15/2022,which is attached hereto as"Exhibit A" and incorporated herein by this reference. Consultant's services are collectively referred to herein as the "Work." 3. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 4. All Costs Borne by Consultant: Consultant shall, at its own risk,perform the Work described above and,unless otherwise specified in this Agreement, furnish all labor, equipment, and materials required for the proper performance of such Work. 5. Qualified Work: Consultant has represented, and by entering into this Agreement now represents,that all personnel assigned to the Work to be performed under this'Agreement 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. Page 1 of 6: Personal Services Agreement with GSI Water Solutions,Inc. 6. Compensation: City shall pay Consultant the sum of$100,700.00 (one hundred thousand seven hundred dollars) as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of$100,700.00 (one hundred thousand seven hundred dollars)without the express,written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within thirty(30) days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,payments will be made for any phase of the Work completed and accepted as of the date of termination. 7. Ownership of Work/Documents: All Work,work product, or other documents produced in furtherance of this Agreement belong to the City,and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is $22,310.46 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as "Exhibit B"predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its officers, employees, and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, 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 to the extent caused by negligent performance of this Agreement by Consultant(including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs,judgments, or other damages, caused solely by the negligence of City. 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City at any time upon not less than thirty(30) days' prior written notice delivered by certified mail or in person. c. For Cause. City may terminate or modify this Agreement, 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 Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or Page 2 of 6: Personal Services Agreement with GSI Water Solutions,Inc. iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied,revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen(15) days of the date of the notice, or within such other period as the party giving the notice may authorize in writing, then the Agreement 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 Agreement. City,by written notice to Consultant of default or breach,may at any time terminate the whole or any part of this Agreement if Consultant fails to provide the Work called for by this Agreement within the time specified herein or within 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 Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement 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 Subsection a,b, c, or d of this section, Consultant shall immediately cease all activities under this Agreement,unless expressly directed otherwise by City in the notice of termination. Further,upon termination, Consultant shall deliver to City ail_Agreement documents, information,works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer that will comply with ORS 656.017. 13. Assignment: Consultant shall not assign this Agreement 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 of the Work shall not create any contractual relation between the assignee or subcontractor and City. 14. 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 under the 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 Page 3 of 6: Personal Services Agreement with GSI Water Solutions,Inc. in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under, this Agreement. 15. Insurance. Consultant shall, at its own expense,maintain 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 $2,000,000 (two million dollars)per claim. This is to cover any damages caused by error, omission or negligent acts related to the Work to be provided under this Agreement. c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury,Death, and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 (one million dollars) for each accident for Bodily Injury and Property Damage, including coverage for owned,hired or non-owned vehicles, as applicable. 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 thirty(30) days' prior 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 Agreement. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. 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 fmancially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color,religion, creed, sex,marital-status, familial status or domestic partnership,national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i)All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and Page 4 of 6: Personal Services Agreement with GSI Water Solutions,Inc. (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant, for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement,has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Governing Law; Jurisdiction; Venue: This Agreement 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 the Consultant that arises from or relates to this Agreement 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 its signature hereon of its authorized representative, hereby consents to the in personam jurisdiction of said courts. 19. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT 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 AGREEMENT. CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement 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 Agreement. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Consultant,with no further liability to Consultant. Page 5 of 6: Personal Services Agreement with GSI Water Solutions,Inc. a 22. Certification. Consultant shall sign the certification attached hereto as "Exhibit C" and incorporated herein by this reference. CITY OF ASHLAND: GSI WATER SOLUTIONS,INC. (CONSULTANT): By: By: City Manager Signature , Printed Name Printed Name Date Title Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) AP VED AS TO FORM: A* City Attorney 11-28-22 Date Page 6 of 6: Personal Services Agreement with GSI Water Solutions,Inc. EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating a ment of a livin• wa a e. $17.02 per hour, effective June 30, 2022. III , The Living Wage is adjusted annually every June 30 by the Consumer Price.Index. Employees must be paid a portion of business of them 401K and IRS eligible living wage: 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: For temporary and employer and the City of $24,050.68. part-time employees,the Ashland if the contract Living Wage does not apply exceeds$24,050.68 or more. > If their employer is the City of to the first 1040 hours worked Ashland, including the Parks inany calendar year. For > For all hours worked in a and Recreation Department. more details, please see month if the employee spends Ashland Municipal Code 50%or more of the > In calculating the living wage, Section 3.12.020. employee's time in that month employers may add the value working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street,Ashland, OR 97520, or visit the City's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Page 1 of 1 EXHIBIT B EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant, by and through its authorized representative,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) Consultant 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. Consultant further represents and warrants to City that: (a) it has the power and authority to enter into this Agreement and perform the Work, (b)the Agreement,when executed and delivered, shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c)the work under the Agreement shall be performed in accordance with the highest professional standards, and(d) Consultant is qualified,professionally competent, and duly licensed(if applicable)to perform the Work. Consultant 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.Agreement, it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. (1) Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private 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) Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission(professional liability) insurance or liability insurance relating to the Work or services to be provided. Consultant's signature Date Page 1 of 1 EXHIBIT C SCOPE OF WORK:CITY OF ASHLAND WMCP UPDATE VILE] Water Solutions,Inc. November 15, 2022 Scott Fleury, PE, Public Works Director City of Ashland 20 E. Main Street Ashland, OR 97520 Dear Scott: GSI Water Solutions, Inc. (GSI), is pleased to provide the City of Ashland (City)this scope of work to update the City's Water Management and Conservation Plan (WMCP). We value our partnership with the City and appreciate this opportunity to continue to work with you. Scope of Services The purpose of this project is to update the City's WMCP consistent with the requirements of Oregon Water Resources Department(OWRD). In addition,we understand that the City requests an assessment of water supply that considers climate impacts on its sources of supply and future demands,an identification and evaluation of potential water reuse opportunities, and recommendations that will enhance the City's robust conservation program. GSI also understands the City will invite public involvement during the WMCP update process through the use of an advisory committee and by hosting a virtual "open house"to serve as a community forum. Meetings with City Council at key milestones will also be incorporated into the WMCP update process.These components are incorporated within the following scope of services. 1.1-Update and Develop Introduction and Executive Summary: Introduce the purpose and goals of the City's WMCP update and describe how the WMCP meets the requirements of OWRD described in Oregon Administrative Rule Chapter 690, Division 86.Summarize the results and conclusions of the WMCP in an executive summary. Deliverables: Draft and final Introduction and Executive Summary 1.2-Update and Develop Water Supplier Description: Obtain and analyze historical demand by source and use by customer classes to determine rates and volumes of water diverted, consumption,and water losses. Document changes to intergovernmental agreements and water rights since 2013 and re-evaluate the adequacy and reliability of the City's sources authorized by these rights based on historical records. Confirm use restrictions and potential use restrictions on these sources. References include the water system master plan,the previous WMCP and WMCP progress report, and other relevant documents,supplemented with additional information from the City. Draft a Water Supplier Description section to meet the requirements of OAR 690-086-140 which includes:water source(s), interconnections, intergovernmental agreements,service area,service population, adequacy and reliability of existing water supplies,water demands,water rights, identification of streamflow- dependent species, customer descriptions,system description and schematic, and water loss. Deliverables: Draft and final Water Supplier Chapter Assumptions:City will provide historical demand data in Microsoft Excel; City is unable to provide aggregated consumption data. GSI Water Solutions,Inc.•1 SCOPE OF WORK:CITY OF ASHLAND WMCP UPDATE 1.3-Update and Develop Water Conservation Element:Identify contemporary information about system management, operational measures, and conservation program measures implemented by the City that contribute to water conservation since completion of the City's 2013 WMCP. Utilize the City's 2018 WMCP progress report for relevant information. Conduct two water conservation workshops with City staff and Medford Water staff that support the City's conservation program to identify strengths and weaknesses of current conservation efforts and to prioritize modifications or additional actions.These workshops can be informed by reviewing the Maddaus Water Management conservation model output previously generated for the City, referencing the conservation programs of other well-regarded water providers, and drawing on the water conservation experience of GSI staff gained while helping develop the conservation programs of other water providers. (As noted below,a meeting with the advisory committee and City Council will focus on current and potential new conservation measures and ideas to boost the City's conservation marketing efforts). Following workshops and advisory committee input, update conservation measures and associated benchmarks appropriate to meet the WMCP rules and the City's conservation goals. Draft a Water Conservation Element section to meet the requirements of OAR 690-086-0150 which includes: a description of existing conservation measures and water use and reporting programs,five-year benchmarks for all required conservation measures which include, but are not limited to, annual water audits, meter testing and replacement,water loss, rate structures and billing practices, public education,technical and financial assistance to customers to implement conservation, and inefficient fixture replacement programs. Reuse Review the 2011 Water Conservation and Reuse Study developed for the City to identify current and potential water reuse projects. Informally survey reuse projects implemented by other water providers. During one of the two conservation workshops described above,work with City staff to identify any previously considered reuse projects and reuse projects that could have multiple benefits,such as reuse at North Mountain Park. (As noted below a meeting with the advisory committee and City Council will include a focus on current and potential reuse projects). Following staff workshop and advisory committee input,summarize the pros and cons and potential fatal flaws of identified reuse projects.This summary is intended to inform future City discussions about the viability of reuse projects.Summarize the process and results in the water conservation chapter and in the water supply chapter of the WMCP, as appropriate. Deliverables: Draft and final Water Conservation Chapter; draft and final Technical Memorandum summarizing process and findings associated with reuse evaluation and workshops on conservation program enhancements. 1.4-Update and Develop Curtailment Element: Update the existing WMCP curtailment section to include assessments of the City's abilities to maintain delivery during shortages and to describe any water supply deficiencies experienced within the last ten years. Evaluate and make recommendations to the City's curtailment triggers and associated curtailment measures as needed and add a description of how the City would respond to a State drought declaration. Deliverables: Draft and final Water Curtailment Chapter. Assumptions:The existing curtailment plan is generally adequate in its current form to serve the City's needs over the next ten years. 1.5-Update and Develop Water Supply Element: Delineate the City's future service areas.To the extent possible use recent forecasts for population and demand to 2032, 2042,and if feasible to 2072. Evaluate and incorporate the effects of any new water conservation program measures on future demand. Estimate and incorporate the effects of climate change on demand projections and the future availability of existing water supply sources (see Climate Change below).Analyze how the City's water rights will likely be used to meet projected demands.Seek continued or greater access to existing water use permits as appropriate. Research and evaluate potential future supply options as needed, such as acquiring additional water rights,supply through GSI Water Solutions,Inc.•2 SCOPE OF WORK:CITY OF ASHLAND WMCP UPDATE intergovernmental agreements, interconnections with other suppliers,water reuse and water conservation. Draft a Water Supply Element section to meet the requirements of OAR 690-086-0170. Climate Change Working with sub-consultant David Rupp (Oregon State University), analyze the potential future impacts of climate change'on water demands and the City's sources of water supply over a 50-year period.With respect to water demand, quantify the sensitivity of projected demands to anticipated changes in temperature and rainfall events as a result of climate change.To make projections of future climate impacts on water demand,the temperature sensitivities derived from the historical data will be applied to temperature projections spanning the next 10, 20,and 50 years.The temperature projections will be based on downscaled daily maximum temperature output from twenty global climate models.With respect to water supplies, use of regional climate change information will be used to describe impacts to water quantity and water quality for the City's Lost Creek Reservoir and Talent Irrigation District sources. Particular attention will be given to a quantitative impact on the availability of water from the Ashland Creek watershed and Reeder Reservoir. (As noted below a meeting with the advisory committee and City Council will focus on climate change impacts to demand and supply).As appropriate, climate change impacts analysis will be incorporated into the water supply chapter of the WMCP. Supply Planning As part of developing the Water Supply Chapter, GSI will review the City's approach to supply planning and annual sequencing of sources and recommend potential adjustments as appropriate in light of climate change, reuse, and conservation and potential regulatory impacts on those sources. Deliverables: Draft and final Water Supply Chapter; draft and final technical memo describing the climate change analysis methods and summarizing the results; draft and final technical memorandum regarding supply planning and annual sequencing. 1.6-City Council Meetings: Participate in up to 3 City Council meetings (2 work sessions and one approval meeting). Meetings will be set to coincide with project milestones and needed input. Preliminary topics and possible sequencing of meetings as follows: City Council Study Session #1-overview of WMCP,water conservation and reuse City Council Study Session #2-water supply, climate change impacts City Council Meeting-review of WMCP,seek approval as appropriate Deliverables: Prepare and present contents for each meeting. Assumptions:One GSI team members will participate in person for the two work sessions; other team members will participate via video conference.One GSI team member will participate in the City Council meeting;other team members will participate by video conference. Meeting dates to be determined in coordination with City staff. 1.7-Advisory Committee Meetings: Participate in up to 4 advisory committee meetings. Preliminary topics and possible sequencing of meetings as follows: Advisory Committee Meeting#1-WMCP overview, establish clear goals and objectives for the group Advisory Committee Meeting#2-water conservation and reuse Advisory Committee Meeting#3-water supply, climate change Advisory Committee Meeting#4-overview of draft WMCP Deliverables: Prepare and present contents for each meeting. Assumptions:One GSI team member will participate in the first meeting in-person;the remainder of the meetings will be by video conference. Meeting dates to be determined in coordination with City staff. City staff coordinate establishment of the committee,setting meetings, distributing agendas, and all other meeting logistics.Advisory Committee's scope of responsibilities to include providing input on results of GSI Water Solutions,Inc.•3 SCOPE OF WORK:CITY OF ASHLAND WMCP UPDATE analyses and studies conducted by GSI and subcontractor and on programmatic measures,such as conservation program measure alternatives. 1.8-Virtual Open House:GSI will coordinate with City staff and prepare materials (draft WMCP, brief presentation and survey questions)for use in an on-line virtual WMCP open house.The open house will be timed to provide feedback on the draft WMCP prior to review by City Council. Deliverables: Prepare materials for use on-line. Assumptions: City staff coordinate the on-line virtual open house and associated logistics. 1.9-Prepare Draft and Final Updated WMCP(Deliverables) Compile the WMCP sections from above and prepare draft and final WMCPs as follows: a) Revise draft WMCP update per City's review and input from the advisory committee, open house participants and City Council and submit to affected local governments for review per OAR 690-086- 120(8) b) Revise draft WMCP update per comments from affected local governments, if any c) Submit draft WMCP to OWRD d) Finalize WMCP per comments from OWRD and submit to City for final review e) Submit final WMCP to OWRD for approval Deliverables: Draft and final versions in word and searchable pdf formats. 1.10-Communications with City Staff: GSI will hold one project kick off meeting via video conference with the City. GSI also will hold up to 3 informal conference calls or video conference meetings with the City as needed for check-ins and project coordination.The topics and timing for these meetings can be adjusted as jointly determined by the City and GSI as needed. Schedule of Services OWRD's final order approving the City's 2013 WMCP identifies that the plan is in effect until March 3, 2024.The updated plan should be submitted to OWRD with sufficient time for review, revisions, and approval prior to this expiration date.The following schedule is an estimate of timeframes to accomplish the City's goals and will be refined with City staff as the project progresses. Event Anticipated Completion Dates 2022 1 Notice to proceed Mid-December Kick off meeting January Information Request Submitted to City January 12023 Council,Advisory and Virtual Open House February-September Submit individual draft sections for City review/comment April August Submit for local government review October Submit draft updated WMCP to OWRD November 2024 1 Revise updated WMCP per OWRD comments,submit January(estimate)* revisions to City and submit to OWRD for final review GSI Water Solutions,Inc.•4 a • SCOPE OF WORK:CITY OF ASHLAND WMCP UPDATE Submit draft final and final updated WMCP to OWRD February(estimate)* Receive updated WMCP Final Order from OWRD March (estimate)* *These dates are dependent upon OWRD's review and response times,which can vary. Proposed Fees for Services Based on our current understanding of the project, our estimated not-to-exceed time-and-materials fee to complete the project is $100,700.The table below is a summary of the estimated budget. Outside Direct Labor Hours Labor Cost Services Expenses Total Project Totals 593 $89,975 $9,900 $825 $100,700 GSI will not exceed this fee estimate without prior authorization by the City.GSI's current fee schedule is attached. Our fee estimate above does not include the OWRD fee for WMCP submittal,which is currently$2,450.We have assumed the City will pay the required fee directly. Thank you for the opportunity to help the City of Ashland update its Water Management and Conservation Plan. We look forward to working with you. Please do not hesitate to contact me with any questions or a need for additional information. Sincerely, Adam Sussman Principal Water Resources Consultant Enclosure: GSI current fee schedule GSI Water Solutions,Inc.•5 VIGsi Water Solutions,Inc. 2022 GSI Fee Schedule Labor Category Hourly Rr_-_T_:.2.L____,L.i._,.:_______ , -2...2L-,:-.._' ,,....._....L:..:.,....._.:'' ,_:.-..'-:,, ,_:.;.-.,...''::..,, ,,,. , . ate echnical Professionals _ _, . - .__-._._. .,4 '-.,.„:-_,_- Principal $180 - $245 Supervising $160 - $205 Managing $140 - $170 Consulting $125 - $150 Project $110 - $135 Staff $95 - $115 Other Services'_ GIS/Graphics/Database $105 - $160 Editor/Documents $110 - $135 Administration $70 - $110 The hourly rate for trial preparation and expert witness testimony is 1.5 times the standard billing rate shown above. Expenses • Mileage: IRS authorized rate/mile plus 10 percent markup • Direct expenses and outside services: Cost plus 10 percent markup • Enterprise GIS: $50 per month for the duration of use t REQUEST FOR PROPOSALS QUALIFICATIONS BASED SELECTION Professional Consultant Services for PROJECT 2022-02 Water Management and Conservation Plan (WMCP) PROJECT NO: 2022-02 PROJECT TYPE: Professional Consultant Services September 22, 2022 not later than 2:00 PROPOSALS DUE: PM PST SUBMIT PROPOSALS TO: City of Ashland Public Works- Engineering, at 51 Winburn Way, Ashland OR 97520; or by mail to: 20 E. Main Street,Ashland, OR 97520 CITY PROJECT MANAGER: Scott Fleury P.E., Public Works Director PROJECT DURATION: Phase 1: Plan Development&Public Presentations(12 months) 10411 CITY OF ASHLAND PUBLIC WORKS ENGINEERING 20 E. MAIN STREET ASHLAND OR 97520 541/488-5587 • TABLE OF CONTENTS TABLE OF CONTENTS 1 ADVERTISEMENT 3 SECTION 1-PROJECT OVERVIEW 4 1.1 OBJECTIVES 4 1.2 BACKGROUND INFORMATION 4 1.3 REFERENCE DOCUMENTS 5 SECTION 2-SCHEDULE 6 SECTION 3-SCOPE OF SERVICES 6 3.1 GENERAL REQUIREMENTS 6 3.2 SPECIFIC REQUIREMENTS 7 SECTION 4-EVALUATION CRITERIA 7 4.1 PROJECT APPROACH (20 POINTS POSSIBLE) 8 4.2 PROJECT EXPERIENCE (20 POINTS POSSIBLE) 8 4.3 PROJECT TEAM EXPERIENCE (30 POINTS POSSIBLE) 8 4.4 PROPOSER'S DEMONSTRATED ABILITY TO SUCCESSFULLY COMPLETE SIMILAR PROJECTS ON TIME AND WITHIN BUDGET (30 POINTS POSSIBLE) 8 4.5 TERMINATION FOR DEFAULT (PASS OR FAIL) 8 4.6 SCORING 9 SECTION 5-EVALUATION PROCESS AND CONSULTANT SELECTION 9 5.1 REVIEW AND ACKNOWLEDGMENT OF DEFECTIVE PROPOSALS 9 5.2 RIGHT OF REJECTION 9 5.3 REFERENCES 9 5.4 RESPONSIBILITY 10 5.5 CLARIFICATION OF RESPONSE 10 5.6 INTERVIEWS 10 5.7 FINALIST SELECTION 10 5.8 TIES AMONG PROPOSERS 10 5.9 NOTICE OF INTENT TO AWARD 11 5.10 CONTRACT NEGOTIATION 11 5.11 PROTEST PROCEDURES 11 5.12 RESULTING CONTRACT 12 SECTION 6-CONTRACT 12 6.1 CONTRACT FORM 12 6.2 BUSINESS LICENSE REQUIRED 13 6.3 INSURANCE REQUIREMENTS 13 6.4 LAWS AND REGULATIONS 14 SECTION 7-INSTRUCTIONS TO PROPOSERS 14 7.1 GENERAL 14 7.2 INFORMATION OF RECORD 14 7.3 PROPOSAL PREPARATION AND FORMAT 14 7.4 SIGNATURE ON PROPOSAL 15 7.5 PREPARATION COSTS 15 7.6 CONFORMANCE TO SOLICITATION REQUIREMENTS 15 7.7 DEFINITIONS 15 1 7.8 QUESTIONS AND CLARIFICATIONS 15 7.9 PROTEST OF REQUIREMENTS 16 7.10 PROTEST OF CONTRACT AWARD 16 7.11 PROPOSAL MODIFICATION 17 7.12 PROPOSAL WITHDRAWALS 17 7.13 PROPRIETARY INFORMATION 17 7.14 TERMS AND CONDITIONS 17 7.15 PROPOSAL OPENING 18 SECTION 8-PROPOSAL FORM 19 APPENDIX A—CONTRACT FORM INCLUDING EXHIBIT B,EXHIBIT C 21 APPENDIX B—FORM W-9 21 •pro --. as to Form Doug 40McGe Acting City Attorney 2 1114 ,la ADVERTISEMENT CITY OF ASHLAND PUBLIC WORKS—REQUEST FOR PROPOSALS QUALIFICATIONS BASED SELECTION for PROFESSIONAL CONSULTANT SERVICES The City of Ashland (City) is seeking Proposals for professional consultant services for Project 2022-02 Water Management and Conservation Plan (WMCP) Update.The purpose of this project is review and update the City's WMCP, incorporate climate analysis impacts on the City's supplies while following requirements established by the Oregon Water Resources Department for WMCP Plans(OAR 690 Division 086). The project will include, but is not specifically limited to,the following tasks and phase: PHASE 1: Water Management and Conservation Plan Development Proposals must be physically received by September 22,2022 not later than 2:00 PM PST(main lobby clock), in the City of Ashland Public Works Engineering Office located at 51 Winburn Way,Ashland OR 97520,or by mail at 20 E. Main Street,Ashland,OR 97520. Proposers mailing Proposals should allow normal delivery time to ensure the timely receipt of their Proposals. Any.Proposal received after the date and time set for receipt of Proposals will not be considered and will be returned to the proposer unopened. For further information,contact the City's Project Manager,Scott Fleury P.E., Public Works Director at 541/488-5587 or by email at scott.fleury@ashland.or.us. Consultant selection is anticipated to result in the issuance of a contract for professional engineering services in a form substantially similar to the one provided in this RFP. Proposal documents may be downloaded from the OregonBuys web procurement system.Any addenda that may be issued relating to this RFP will be available from OregonBuys,and potential proposers are cautioned to continuously monitor the site for updates and addenda. All Proposals shall be submitted as set forth in Section 7- 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 this RFP. Proposals shall be limited to eight(8) pages and must include the services of a Certified Water Rights Examiner registered in Oregon. Consultant selection will be based upon weighed criteria as set forth in this Solicitation Document and will include criteria including, but not limited to: similar project experiences,general experience, staffing availability,schedule and response time. The City of Ashland reserves the right to cancel this procurement or reject any and all Proposals in accordance with ORS 2796.100. Scott Fleury, PE, Public Works Director First date of solicitation: August 18,2022 RFP for Project#2022-02 3 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS REQUEST FOR PROPOSALS—QUALIFICATIONS BASED SELECTION PROJECT NO. 2022-02 Water Management and Conservation Plan(WMCP) SECTION 1-PROJECT OVERVIEW 1.1 Objectives The City of Ashland (City) is seeking Proposals from professional consultant services for Project 2022-02 Water Management and Conservation Plan(WMCP).The purpose of this project is review and update the City's WMCP. In conjunction with the development of the WMCP as required by Oregon Administrative Rule (OAR),the City is interested in understanding climate impacts to each of its three distinct supply sources, understanding potential reuse opportunities and having a fresh look into the City's robust conservation program.Supply and Climate analysis were done as part of the City's 2012 Comprehensive Water Master Plan Process and that background information will be provided to the selected consultant firm. 1.1.1 PHASE 1: Water Management and Conservation Plan Development The project will include but is not specifically limited to the following tasks: • Develop a WMCP consistent with Oregon Health Authority, Oregon Administrative Rules and Oregon Revised Statute Requirements • Review and comment on previous supply planning completed by City • Review and comment on recycled water reuse planning completed by City • Prepare and present at City Council and Public Open House Meetings 1.2 Background Information The City has long been involved in long range planning associated with its water system including comprehensive supply and demand analysis.The City did significant supply planning analysis as part of the 2012 Water Master Plan and recently updated the water master plan in 2020.Conservation and supply protection are a focus for the City and a solid understanding of climate impacts to the supply and demand projections will benefit the community with robust supply planning and management moving forward. The City of Ashland provides the,City's Drinking water source supply,water treatment and water distribution to approximately 9,000 service connections.The City's primary raw water supply source is the Mount Ashland watershed which collects into Ashland Creek. The City owns and operates Hosier Dam where Ashland's source water is held in Reeder Reservoir.The City has two secondary sources of water that can be used to support overall system demand.The City has 1369 acre-feet of municipal water right delivered through the Talent Irrigation District system (Howard and Hyatt Prairie Lakes).The City also has 1000 acre-feet of stored water right in Lost Creek Reservoir.The Lost Creek storage water is delivered treated to the City through the Talent-Ashland-Phoenix(TAP) Intertie system.The TAP water is • treated by the Medford Water Commission at the Duff Treatment Plant. The water treatment plant is located below Hosier Dam next to Ashland Creek and has a peak flow of 7.5 million gallons per day in the summer and averages 1.7 million gallons per day(MGD) in the winter months. The water transmission and distribution system consists of 130 miles of water distribution lines, 6 pump stations, 53 pressure reducing devices,and 1115 fire hydrants. There are four distribution reservoirs with 6.65 million gallons of water storage. In addition,the City owns and maintains 334 separate irrigations meters using potable water and 187 irrigation accounts using Talent Irrigation District(TIDY' 4 1.3 Reference Documents The City has several reference documents,technical memorandums,master plans and other that have been developed over decades associated with water system and supply planning.A few are provided below for reference.Additional supporting documentation will be provided to selected consultant upon an initial request for information. 2012 Water Master Plan: (Link) 2013 Water Management and Conservation Plan: (Link) 2019 Water Management and Conservation Plan Progress Report: (Link) 2020 Talent-Ashland-Phoenix(TAP) Master Plan (Link) 2020 Water Master Plan (Link) Oregon Water Resources Department WMCP Guidebook:(Link) 5 SECTION 2-SCHEDULE The schedule of events listed below represent City's estimated schedule for this request for proposal. This schedule is SUBECT TO CHANGE and will be adjusted as required. EVENT DAILY COUNT(CALENDAR DAYS) DATE 1. Request for Proposal Released 0 8/18/2022 2. Last Date for Request for changes/Protest 10 days prior to Proposal Closing 9/12/2022 for Specifications/Questions 3. Last Date for City to Post Addenda 3 days prior to Proposal Closing 9/19/2022 4. Closing Date(last day to submit Proposals) ^30 days after Proposal Release 9/22/2022 5. Responses Evaluated —15 days after Closing Date 10/6/2022 6. Interviews Held (if necessary) —25 days after Closing Date 10/17/2022 7. Intent to Award Announced —30 days after Closing Date 10/24/2022 8. Contract Negotiations —40 days after Closing Date 10/31/2022 9. Expected Project Completion (all phases) 12 months after Contract Award 12/1/2023 SECTION 3-SCOPE OF SERVICES 3.1 General Requirements • Personnel, Materials, &Equipment:The Consultant shall provide qualified and competent personnel and shall furnish all supplies, equipment,tools and incidentals required to accomplish the work. All materials and supplies shall be of good quality and suitable for the assigned work. • Safety Equipment: The Consultant shall 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. • Professional Responsibilities: The Consultant shall perform the work using the standards of care, skill and diligence normally provided by a professional in the performance of such services in respect to similar work and shall comply will all applicable codes and standards. • 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.Project Management will also include coordination with FERC and permitting agencies throughout the duration of the project. • Monthly Invoices and Progress Reports:The Consultant shall 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. 6 3.2 Specific Requirements The City of Ashland (City) is seeking professional consultant services for Project 2022-02 Water Management and Conservation Plan (WMCP).The purpose of this project is review and update the City's WMCP. In conjunction with the development of the WMCP as required by Oregon Administrative Rule (OAR),the City is interested in understanding climate impacts to each of its three distinct supply sources, understanding potential reuse opportunities and having a fresh look into the City's robust conservation program.Supply and Climate analysis were done as part of the City's 2012 Comprehensive Water Master Plan Process and that background information will be provided to the selected consultant firm. 3.2.1 PHASE 1: Water Management and Conservation Plan Development The purpose of this project is review and update the City's WMCP, incorporate climate analysis impacts on the City's supplies, refresh supply planning that was done during the 2012 Water Master Plan,all while following requirements established by the Oregon Water Resources Department for WMCP Plans (OAR 690 Division 086). This phase will include but is not specifically limited to the following tasks: • Develop a WMCP consistent with Oregon Health Authority, Oregon Administrative Rules and Oregon Revised Statute Requirements o Prepare Executive Summary for entire document o Develop Request for Information for necessary documents required to review and develop updated WMCP o Coordinate with Oregon Water Resources Staff as necessary • Facilitate WMCP approval process with OWRD o Coordinate with regional water suppliers for review and comment on WMCP o Build upon previous supply planning completed by City of Ashland o Build upon previous water recycling analysis completed by City of Ashland o Develop Water Supplier Description(OAR 690-086-0140.) o Develop Water Conservation Element(OAR 690-086-0150) o Develop Municipal Water Curtailment Element(OAR 690-086-0160) o Develop Municipal Water Supply Element(OAR 690-086-0170) • Evaluate climate impacts on the City's three specific supplies in conjunction with forecasted demands for the 20 and 50 year planning periods • Build upon previous planning work completed and identify opportunities and issues for recycled water reuse • Review and comment on City's current water supply management strategy • Prepare Presentation Materials o Public Open House(Informational Update) o City Council Study Session (Informational Update) o City Council Business Meeting(Adoption) • Update WMCP as necessary based on policy direction given by Council SECTION 4-EVALUATION CRITERIA Written Proposals will be evaluated and scored and a contract may be awarded based upon the proposer's qualifications and experience as described below: 7 4.1 Project Approach (20 Points Possible) Provide a description of your firm's approach to completing Water Management and Conservation Plans. Include a summary of prior partnerships with the City of Ashland if any. Include a summary of your quality control program used to review and generate final documents. 4.2 Project Experience (20 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 Water Management and Conservation Plan development experience. c. Provide a concise description of at least three(3) projects in the last ten (10)years, involving similar work to those listed in the scope of work. d. 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 4.3(b) below. e. Submit references for three of the projects described above. Include the Owners name, organization name,contact name,contact email and phone. 4.3 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)"). Be specific on the individuals that will play primary roles in development of the required engineering and their experience working on Water Management and Conservation Plans. Provide a concise summary of each key person(s)'s role, and a description of their relevant experience for this project. c. Submit resumes that support each Key Person's relevant experience.No more than five resumes should be submitted as Appendix A, and will not count against page limit. d. Indicate which individual will manage the project and be the primary contact. Indicate the specific experience this individual has managing project similar to the proposed dam safety improvement project. e. 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. 4.4 Proposer's Demonstrated Ability to Successfully Complete Similar Projects on Time and Within Budget (30 Points Possible) For each of the three(3) projects listed in response to 4.2(c), provide a discussion of whether the project was completed on time and on budget or needed to be revised. Briefly explain the reason for any revisions, and what attempts were made to bring the project back on schedule and within budget. 4.5 Termination for Default (Pass or Fail) Proposers shall indicate if they have had a contract terminated for default in the last five years. Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer's non-performance or poor performance and the issue of performance was either(a) not litigated due to inaction on the part of the Proposer, or(b) litigated and determined that the Proposer was'in default. NOTE: If a Proposer has had a contract terminated for default in this period,then the Proposer shall submit full details including the other party's name, address and phone number. City of Ashland will evaluate the facts and may,at its sole discretion, reject the Proposal on the grounds of past performance. 8 4.6 Scoring CATEGORY POSSIBLE POINTS POINTS SCORING 1. Project Approach 20 2. Project Experience 20 3. Project Team Experience 30 4. Demonstrated Ability to Successfully 30 Complete Projects on Time and Within Budget 6. Termination for Default P/F Total 100 SECTION 5-EVALUATION PROCESS AND CONSULTANT SELECTION Proposals will be reviewed and evaluated by an evaluation committee of reviewers consisting of at least three City employees. The total number of points possible for written Proposals is 100,and an additional 100 points may be scored through the interview process. 5.1 Review and Acknowledgment of Defective Proposals Due to limited resources,City generally will not completely review or analyze Proposals that on their faces fail to comply with the minimum mandatory requirements of the solicitation documents nor will City generally investigate the references or qualifications of such proposals. Therefore, 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 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. 5.2 Right of Rejection Proposers must comply with all terms of this RFP and all applicable federal,state, and local laws, administrative rules, and regulations. 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 the 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 that: • do not affect responsiveness, • are merely a matter of form or format, • do not change the relative standing or otherwise prejudice other offers, • are trivial, negligible,or immaterial in nature, • do not reflect a material change in the work,or, • do not constitute a substantial reservation against a requirement or provision. City reserves the right to refrain from making an award if the City determines that to be in its best interest. A Proposal from a debarred or suspended Proposer shall be rejected. 5.3 References The City reserves the right to investigate any and all references and the past performance information provided in the Proposal with respect to the proposer's successful performance of similar projects, 9 compliance with specifications and contractual obligations, completion or delivery of a project on a schedule, and lawful payment of employees and workers. The City reserves the right to check any and all sources for information on a proposer's past performance, including sources other than the references provided in the proposer's Proposal. The City may consider information available from any source, including government bodies and regulatory authorities. 5.4 Responsibility The 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 shall constitute approval for City to obtain any information City deems necessary to conduct evaluation. City reserves the right to request additional information or documentation from the successful Proposer prior to award of contract. Such information may include, but is not limited to, current and recent balance sheets, income statements,cash flow statements,or a performance bond from an acceptable surety. Failure to provide this information will result in rescission of City's Intent to Award. City may postpone the award of contract after announcement of the apparent successful Proposer in order to complete its investigation and evaluation. Failure of the apparent successful Proposer to demonstrate responsibility shall render the Proposer non-responsible and shall constitute grounds for rejection of the proposal. 5.5 Clarification of Response 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 request for clarification and responses shall be in writing. During the evaluation of Proposals, Proposers must respond to any request for clarification from the Evaluation Committee within 24 hours of request(Monday through Friday). Inability of the Evaluation Committee to reach a Proposer for clarification and/or failure of a Proposer to respond within the time stated may result in rejection of the Proposer's Proposal. • 5.6 Interviews The outcome of the Proposal evaluations may result in placement on an interview(short-listed)with time and date of the interview. Should City elect to hold interviews,the total additional points possible for the interview will be 100. City may invite up to three (3) of the highest-ranked firms (or at a natural break in scoring)to interview. The Firm's Key Persons,as identified by City shall be prepared to attend the interview within five (5) business days of notification by City, and shall be prepared to answer questions provided with the Interview Invite letter, and questions that will be provided at the time of the interview,and discuss the Firm's proposed project approach. 5.7 Finalist Selection The firm with the highest total score as a result of written Proposal scoring and interview scoring, if conducted,will be considered the Finalist,and all other firms will be ranked according to next highest score, etc. 5.8 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 10 best value for taking into account the scope, complexity and nature of the Work. The process shall instill public confidence through ethical and fair dealing, honesty and good faith on the part of City and Proposers and shall protect the integrity of the Public contracting process. As part of the procedure for choosing the Finalist between two or more equally qualified candidates, City may elect to give a preference to a local consulting firm. 5.9 Notice of Intent to Award After the completion of the evaluation and ranking,the City will issue a written Notice of Intent to Award, naming the Finalist, and send copies to all Proposers. 5.10 Contract Negotiation City will begin negotiating the fees for the project,along with expanded scope of work detail,with the highest ranked Proposer and specifically,conduct direct negotiations toward obtaining written agreement on: a) Contractor's performance obligations and schedule; and any expansion of the Scope of Work. b) Contractor's fees, payment methodology, and a maximum amount payable to Contractor for the Work required under the Contract that is fair and reasonable to City determined solely by City,taking into account the value,scope,complexity and nature of work. c) Any other provisions City believes to be in the City's best interest to negotiate. d) Initial negotiations will be based upon Contract Phase 1. City shall,either orally or in writing,formally terminate negotiations with the highest ranked Proposer if City and Proposer are unable for any reason to reach agreement on a Contract within a reasonable amount of time. City may thereafter negotiate with the second ranked Proposer,and if necessary,with the third ranked Proposer,and so on, until negotiations result in a Contract. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, as determined solely by City, City may end the particular formal solicitation. Nothing in the rule precludes City from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract. 5.11 Protest Procedures City shall provide to all Proposers a copy of the selection notice that City sent to the highest ranked Proposer. A Qualified Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may submit a written protest of the selection to the City. A Proposer submitting a protest must claim that the protesting Proposer is the highest ranked Proposer because the Proposals of all higher ranked Proposers failed to meet the requirements of the RFP or because the higher ranked Proposers otherwise are not qualified to perform the Architectural, Engineering, or Land Surveying Services,or Related Services described in the RFP. Eligible Proposers protesting award shall follow the procedures described herein. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Proposers. a) Protests must be received within seven (7) days after issuance of the notice of intent to award the Contract. City will not consider late protests. b) All protests must be in writing,signed by the protesting party or an authorized Agent. The protest must specify the grounds for the protest to be considered by the City c) Protests based on procedural matters will not be considered. 11 d) The City's Public Works Director will review the protest and will fax and mail the protesting party a written response within three(3) business days of receipt of the written protest to the fax number and address provided in the proposal. Any written response may be comprised of a determination of the protest,a notice to the protesting party of the need for additional time in which to evaluate the matter,or other notice to the protesting party. e) If the Public Works Director's determination (response) is adverse to the protester, any further appeal of the Public Works Director's determination by the party must be submitted in writing to the City Administrator within three (3) business days of issuance of the Public Works Director's determination (response). f) The City Administrator will review any appeal of the Public Works Director's determination and shall fax and mail, in accordance with the fax number and address provided in the proposal,the protesting party a written response within three (3) business days of receipt of written appeal. g) If the determination of the City Administrator is adverse to the protesting party's interest, the protesting party may only appeal to the City Council by filing a written notice of appeal to the Council with the City Administrator within two (2) business days of issuance of the City Administrator's written determination. h) The Council, in considering the protest,shall review the documentation presented to the Public Works Director and the City Administrator on the next regularly scheduled Council Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such material. The Council review will be limited to the evaluation of compliance with City's policies and procedures, requirements of the RFP and the equal and fair application of City's contracting rules. The City Council's determination shall be City's final decision. An adversely affected or aggrieved proposer must exhaust all avenues of administrative remedies before seeking judicial review of City's Consultant selection or Notice of Intent to Award. 5.12 Resulting Contract Upon reaching final agreement in regards to fees and a final scope of work with an awarded Proposer, the City will issue a Personal Services Agreement('PSA"), in substantially the form as found in the Appendix of this RFP. The PSA will include the City's Standard Terms and Conditions and the final scope of work and fees. SECTION 6-CONTRACT 6.1 Contract Form The consultant selected by the City will be expected to enter into a written contract in substantially the same form as attached to this RFP. The Proposal should indicate acceptance of the City's contract provisions. Suggested reasonable alternatives that do not substantially impair City's rights under the contract may be submitted as outlined under Section 5.11. Unconditional refusal to accept contract provisions will result in Proposal rejection. Contract Duration— Phase 1: Water Management and Conservation Plan Development—12 Months 12 Contract Payment—Contingent upon City's need, consultant's performance and availability of approved funding, City reserves the right to amend the contract(within the scope of the project described in this RFP)for additional tasks, project phases and compensation as necessary to complete a particular project. Proposers are advised that the award and potential dollar amount of the contract under this RFP will be contingent upon approval by the Ashland City Council acting as the Contract Review Board. Payment will be made for completion of,or acceptable monthly progress on,tasks and deliverables in conformance with contract requirements and applicable standards. The method of compensation will be determined by the City and may be based upon any one or combination of the following methods: • Cost plus fixed-fee, up to a maximum NTE amount • Fixed price for all services. Fixed price per deliverable. Fixed price per milestone • Time and materials, up to a maximum NTE amount(City preferred method) • Price per unit Ashland Living Wage Requirements—Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying at least the living wage as established by the City of Ashland on June 30, 2022($17.02 per hour): • For all hours worked under a service contract between their employer and the City if the contract exceeds$24,050.68 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$24,050.68. • 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. 6.2 Business License Required The selected consultant must have or acquire a current City of Ashland business license prior to conducting any work under the contact. 6.3 Insurance Requirements Contactor 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 $2,000,000 per occurrence. This is to cover damages caused by any error,omission,or negligent act related to the professional services to be provided under the contract. c. General Liability insurance with a combined single limit,or the equivalent,of not less than $2,000,000 per occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under the contract. d. Automobile Liability insurance with a combined single limit,or the equivalent,of not less than $1,000,000 per occurrence for each accident for bodily injury and property damage, including coverage for owned, hired or non-owned vehicles,as applicable. e. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s)without 30 days'written notice from the contractor or its insurer(s)to the City. 13 Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland,Oregon,and its elected officials,officers and employees as additional insurers on any insurance policies required herein but only with respect to contractor's services to be provided under this contract. As evidence of the insurance coverage required by this contract,the contractor shall furnish acceptable insurance certificates prior to commencing work under this contact. The certificate will specify all of the parties who are additional insures. The consultant's insurance is primary and non-contributory. Insuring companies or entities are subject to the City's acceptance. If requested,complete copies of insurance policies;trust agreements, etc.shall be provided to the City. The contractor shall be financially responsible for all pertinent deductibles,self-insured retention and/or self-insurance. 6.4 Laws and Regulations The proposer is assumed to be familiar with all Federal,State,County or City laws or regulations,which in any manner affect those engaged or employed in the work or the materials or equipment used or which in any way affect the conduct of the work, and no pleas of misunderstanding will be considered on account of ignorance thereof. If the proposer shall discover any provision in these specifications or project information, plans or contract documents which is contrary to or inconsistent with any law or regulations,they shall report it to the City of Ashland in writing. All work performed by the contractor shall be in compliance with all Federal,State, County and local laws, regulations and ordinances. Unless otherwise specified,the contractor shall be responsible for applying for applicable permits and licenses. SECTION 7-INSTRUCTIONS TO PROPOSERS 7.1 General All proposals and any resulting contracts are subject to the provision and requirements of Oregon Revised Statutes,Sections 279A and 2796. Engineering contracts are further subject to 279C and to the City of Ashland (City) Municipal Code Section 2.50. 7.2 Information of Record This Request for Proposal (RFP)will be distributed through the Oregon Procurement Information Network(ORPIN). All updates, addendum, and related communications will be published through ORPIN. All prospective proposers are advised to continuously monitor the website for information regarding this proposal. It is the sole responsibility of the proposer to check the website on a timely basis for critical information regarding the proposal. 7.3 Proposal Preparation and Format • Proposals shall be typewritten in 12 point font minimum. • Except for proposer attachments, proposal form, cover letter and resumes,the Proposal shall contain no more than 8 pages. • Proposal narrative must follow along with scoring criteria sections. • No oral,telegraphic,telephone or facsimile Proposals shall 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 date and time set for Proposal closing. • A total of six copies including one original wet signature document must be submitted. Proposals shall be submitted to the City prior to the date and time set for closing. • One (1) digital copy of the complete Proposal shall be submitted on a CD or thumb drive. 14 7.4 Signature on Proposal Proposals shall be signed in ink by an authorized representative of the Proposer. 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. No consideration will be given to any claim resulting from proposing without fully comprehending all requirements of this Request for Proposals. 7.5 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 City believes it is in City's best interest to do so. Consultants responding to RFPs are responsible for all costs they may incur in connection with submitting Proposals and responses to RFPs,which includes, but is not limited to: preparation, submittal,travel expenses, interviews, presentations,or evaluation of any Proposal. 7.6 Conformance to Solicitation Requirements Proposals shall conform to the requirements of this Request for Proposals. All necessary attachments (Independent Contractor Certification,etc.)shall be submitted with the Proposal and in the required format. Failure to comply with all requirements may result in Proposal rejection. 7.7 Definitions For the purpose of this RFP: "Agency"or"City" means City of Ashland. "Business days"means calendar days, excluding Saturdays,Sundays and all City recognized holidays. "Calendar days"or"days"means any day appearing on the calendar,whether a weekday,weekend day, national holiday,State holiday or other day. "Council"means City of Ashland Council "Department"means the City of Ashland Engineering Department. "Manager" means the City of Ashland Project Manager. "Proposers"-All firms submitting 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 Proposal. "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. 7.8 Questions and Clarifications All inquiries, whether relating to.the RFP process, administration, deadline or award,or to the intent or technical aspects of the services, must be submitted in writing to the City's Project Manager listed in the advertisement for this RFP,at 20 East Main Street,Ashland, Oregon 97520. All questions must be received not later than ten (10) calendar days prior to the date and time set for closing. Answers to questions received by City,which are deemed by City to be substantive,will be issued as official addenda to this RFP to ensure that all proposers base their proposals on the same information. When appropriate, as determined by City in its sole discretions, revisions,substitution or clarification of the RFP or attached terms and conditions, an official addendum to this RFP will be issued. Proposer 15 shall indicate receipt of all issued addenda by indicating the number of addendum received on the Proposal Form. Any addendum or addenda issued by the City which may include changes, corrections, additions, interpretations or information, and issued seventy-two (72) hours or more before the scheduled closing time for submission of bids,Saturday,Sunday and legal holidays not included,shall be binding upon the proposer. The City may elect to email addendum to registered proposers but will do so as a courtesy only. All official addendums will be issued through ORPIN and it shall be the proposer's sole responsibility to acquire any and all addendum pertaining to RFP. The proposer is strongly cautioned to monitor this site on a continual basis. 7.9 Protest of Requirements Proposers may submit a written protest of any provision,specification or contract term contained in this RFP and may request a change to any provision,specification or contract term contained in this RFP, not later than ten (10) calendar days prior to the advertised proposal closing date. A proposer's written protest must meet the following requirements: • A detailed statement of the legal and factual grounds for the protest. • The reason for the protest or request for change. • A statement of the form of relief requested or any proposed changes to the specifications or contract document. All protests shall be mailed or otherwise delivered to the City marked as follows: PROPOSAL PROTEST Proposal No.2022-02 City of Ashland Public Works Dept. ATTN: Scott Fleury P.E., Public Works Director 20 East Main St Ashland, OR 97520 City Response:The City may reject without consideration a proposer's protest after the deadline established for submitting protest. The City shall provide notice to the applicable proposer if it entirely rejects a protest. If the City agrees with the proposer's protest, in whole or in part,the City shall either issue an addendum reflecting its determination or cancel the solicitation. Extension of Closing: If the City receives a written protest from a proposer in accordance with this rule, the City may extend closing if the City determines an extension necessary to consider the protest and to issue addenda, if any,to the solicitation of document. Judicial review of the City's decision relating to a specification protest shall be in accordance with ORS. 279B.405. 7.10 Protest of Contract Award Every Proposer who submits a proposal shall be notified of its selection status. Any Proposer who claims to have been adversely affected or aggrieved by the selection of another or any Proposer who contends that the provisions of this RFP or any aspect of the procurement process has promoted favoritism in the award of the contract or has substantially diminished competition, must file a written protest to this RFP within seven (7)calendar days after the date of the notice of intent to award. Failure to file a protest -will be deemed a waiver of any claim by an offeror that the procurement process violates any provision of ORS Chapters 279A, 279B,or 279C,the City of Ashland Municipal Code,or the City's procedures for screening and selection of persons to perform personal services. 16 a 7.11 Proposal Modification Modifications or erasures made before proposal submission shall 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 proposal closing. Any modification shall be prepared on company letterhead,shall be signed by an authorized representative,and shall state that the new document supersedes or modifies prior proposal submissions and any other prior proposal modifications. Proposal modifications shall be submitted in a sealed envelope clearly marked "Proposal Modification," identifying the RFP number and closing date and time. Proposers may not modify proposals after proposal closing date and time. 7.12 Proposal Withdrawals Proposals may be withdrawn in writing on company letterhead signed by an authorized representative and received by the Engineering Services Manager prior to the date and time set for closing. Proposals may be withdrawn in person before closing time upon presentation of appropriate identification. 7.13 Proprietary Information The City is subject to the Oregon Public Records Laws(ORS 192.311 to 192.478),which require the City to disclose all records generated or received in the transaction of City business, except as expressly exempted. The City will not disclose records submitted by a Proposer that are exempt from disclosure under the Oregon Public Records Law,subject to the following procedures and limitations. The entire Proposal cannot be marked confidential; nor shall any pricing be marked confidential. All pages containing the records exempt from disclosure shall be marked"confidential"and segregated in the following manner: • It shall be clearly marked in bold and on each page of the confidential document. • It shall 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 shall prevail. • Where such conflict occurs,the Proposer is instructed to respond with the following: "Refer to confidential information enclosed." • This statement shall be inserted in the place where the requested information was to have been placed. Proposers who desire that additional information be treated as confidential must mark those pages as "confidential." Proposers shall also cite the specific statutory basis for the exemption and give the reasons why the public interest would be served by the confidentially. Should a Proposal be submitted as described in this section, no portion of it will be held confidential unless that portion is segregated as described in the criteria above. Notwithstanding the above procedures,the City reserves the right to disclose information that the City determines, in its sole discretion, is not exempt from disclosure or that the City is directed to disclose by the City's Attorney,the District Attorney,or a court of competent jurisdiction. 7.14 Terms and Conditions Unless an official addendum has modified or reserved the right to negotiate any terms contained in the contract or exhibits thereto,the City will not negotiate any term or condition after the protest deadline, except the statement of work, pricing,and calendar with the selected proposer. By submitting a 17 Proposal,the selected proposer agrees to be bound by the terms and conditions as set forth in this RFP and as such terms and conditions may have been modified or reserved by the 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. 7.15 Proposal Opening Unless otherwise provided by law, Proposals received in response to this RFP shall be opened at the date and time set for closing at the Engineering Services Building at 51 Winburn Way,Ashland, Oregon 97520. Proposers who attend the Proposal opening shall be informed only of the names of the Proposers submitting Proposals. No other information shall be available,and no copies of the Proposals shall be made. Award decisions will NOT be made at that time. 18 SECTION 8-PROPOSAL FORM Proposals should be prepared and organized in a clear and concise manner and must include all information required by this RFP. Headers,Titles or Tabs should be used to identify required information. Responses to the Evaluation Criteria found in Section 4 shall be organized in the same order listed in that Section, preferably by re-stating the criteria and then responding below the restated criteria. 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 4 n SECTION 8—Proposal Form n Independent Contractor Certification MWESB INFORMATION The 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 if no addenda were received: CWRE/OSBEELS/OSBGE/ORBAE Provide name(s),title(s), and certification number(s)for each Key Person listed under Section 6.3 (b). Attach additional sheet if necessary) Name: Title: Certification No: Name: Title: Certification No: Name: Title: Certification No: Name: _ Title: Certification No: Name: Title: Certification No: Name: Title: Certification No: 19 PROPOSER INFORMATION: Proposer Company Name Company Address (from which work will be performed) Telephone Number Fax Number FEDERAL ID NUMBER Printed Name of Person Signing RFP: Title: Signature: Email Address: 20 APPENDIX A—CONTRACT FORM INCLUDING EXHIBIT B,EXHIBIT C APPENDIX B—FORM W-9 PERSONAL SERVICES AGREEMENT (GREATER THAN $35,000.00) CONSULTANT: CITY OF ASHLAND CONSULTANT'S CONTACT: 20 East Main Street ADDRESS: Ashland, Oregon 97520 Telephone: 541/488->M0 TELEPHONE: Fax: 541/5524-S= This Personal Services Agreement (hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and ++'+0?*M.00, a . o essiona €01 a ora w m iabil't, con an ("hereinafter "Consultant"), for 2 jo °o Q .�m lorov`ded.S. By signing this Agreement, Consultant is certifying its business is currently registered(or will immediately register if awarded contract)with the State of Oregon. NOW THEREFORE,in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City,as set forth below(the"Effective Date"),and unless sooner terminated as specifically provided herein,shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore, but not later than�,`+X'l +04'4'4' '+. 2. Scope of Work: Consultant will provide Zdesc-i lfrii o�'! llJ h jo 'deet as more fully set forth in the Consultant's l!ro 0osa dated K-01070WW,42 which is attached hereto as"Exhibit M"and incorporated herein by this reference. Consultant's services are collectively referred to in this Agreement as the"Work." 3. Compensation: City shall pay Consultant the sum of$,'` t5"6 '� '�6=Mb a s o I j L1X3 enb o 0 ° gA p os to Cfla a o kii:KiVapp WA) u d_cd t ousanaErkl@WILME of:a sl as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of$.+` ,'4 ;+ ( ;rit aut a oun lon for; her, without the express,written approval from the City official whose signature appears below,or such official's successor in office. Payments shall be made within thirty(30)days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,payments will be made for any phase of the Work completed and accepted as of the date of termination. 4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 21 5. All Costs Borne by Consultant: Consultant shall,at its own risk,perform the Work described above and,unless otherwise specified in this Agreement,furnish all labor, equipment,and materials required for the proper performance of such Work. 6. Qualified Work: Consultant has represented,and by entering into this Agreement now represents,that all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform the services to which they will be assigned in a skilled manner and,if required to be registered,licensed, or bonded by the State of Oregon,are so registered,licensed,or bonded. 7. Ownership of Work/Documents: All Work,work product,or other documents produced in furtherance of this Agreement belong to the City,and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is$24,050.68 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50%or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as"Exhibit B"predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby agrees to defend,indemnify,save, and hold City,its'officers, employees,and agents harmless from any and all losses,claims,actions,costs, expenses,judgments,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 Agreement by Consultant(including but not limited to,Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to this Agreement). However,Consultant shall not be held responsible for any losses,expenses,claims, costs,judgments,or other damages,caused solely by the gross negligence of City. 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City at any time upon not less than thirty(30) days'prior written notice delivered by certified mail or in person. c. For Cause. City may terminate or modify this Agreement,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 Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement;or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied,revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the 22 Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen(15)days of the date of the notice, or within such other period as the party giving the notice may authorize in writing,then the Agreement 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 Agreement. City,by written notice to Consultant of default or breach,may at any time terminate the whole or any part of this Agreement if Consultant fails to provide the Work called for by this Agreement within the time specified herein or within 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 Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement 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 Subsection a,b,c,or d of this section, Consultant shall immediately cease all activities under this Agreement,unless expressly directed otherwise by City in the notice of termination.Further,upon termination, Consultant shall deliver to City all documents,information,works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers'compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer that will comply with ORS 656.017. 13. Assignment: Consultant shall not assign this Agreement 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 of the Work shall not create any contractual relation between the assignee or subcontractor and City. 14. 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 under the 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 Agreement; or attempts to assign rights in,or delegate duties under,this Agreement. 15. Insurance. Consultant shall,at its own expense,maintain 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 23 b. Professional Liability insurance with a combined single limit,or the equivalent,of not less than $2,000,000(two million dollars)per occurrence. This is to cover any damages caused by error, omission or negligent acts related to the Work to be provided under this Agreement. c. General Liability insurance with a combined single limit,or the equivalent,of not less than $2,000,000(two million dollars)per occurrence for Bodily Injury,Death,and Property Damage. d. Automobile Liability insurance with a combined single limit,or the equivalent,of not less than $1,000,000(one million dollars)for each accident for Bodily Injury and Property Damage,including coverage for owned,hired or non-owned vehicles,as applicable. 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 thirty(30)days'prior 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 Agreement. The consultant's insurance is primary and non-contributory.As evidence of the insurance coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. 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. 16. Nondiscrimination: Consultant agrees that no person shall,on the grounds of race,color,religion,creed, sex,marital status,familial status or domestic partnership,national origin,age,mental or physical disability, sexual orientation,gender identity or source of income, suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. Further,Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055,in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance with Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall,throughout the term of this Agreement,including any extensions hereof, comply with: (i)All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant,for a period of no fewer than six(6)calendar years preceding the Effective Date of this Agreement,has faithfully complied with: (i) All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316, 317,and 318; 24 (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Notice. Whenever notice is required or permitted to be given under this Agreement,such notice shall be given in writing to the other party by personal delivery,by sending via a reputable commercial overnight courier,by mailing using registered or certified United States mail,return receipt requested,postage prepaid, or by electronically confirmed at the address or facsimile number set forth below: If to the City: JD►eo. h ,en1 t Contract •dministrato ddres Ashland,Oregon 97520 With a copy to: City of Ashland—Legal Dept talent 20 E.Main Street Ashland,Oregon 97520 Phone: (541)488-5350 If to Consultant: s.+►`+.s+: WiKOKORKOs 19. Governing Law. This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court,in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue,and expressly consents that,upon motion of the other party,any case may be dismissed or its venue transferred,as appropriate,so as to effectuate this choice of venue. 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement 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 Agreement. In the event City has insufficient appropriations,limitations or other expenditure authority,City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Consultant,with no further liability to Consultant. 22. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, ---- - 25 MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT 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 AGREEMENT. CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 23. Certification. Consultant agrees to and shall sign the certification attached hereto as"Exhibit C"and incorporated herein by this reference. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: ••,"•O•"' (CONSULTANT): By: By: Joseph L.Lessard, City Manager Signature Date Printed Name Title Purchase Order No. Date (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: City Attorney Date 26 EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating navment of a livina wase_ $17.02 per hour, effective June-30, 2022: The Living Wage is adjusted annually every June 30 by the Consumer Price Index. Employees must be paid a portion of business of their of health care, retirement, living wage: employer, if the employer has 401K and IRS eligible ten or more employees,and cafeteria plans(including has received financial childcare)benefits to the assistance for the project or amount of wages received by > For all hours worked under a business from the City of the employee. service contract between their Ashland in excess of employer and the City of $24,050.68. > Note: For temporary and Ashland if the contract part-time employees,the exceeds$24,050.68 or more. > If their employer is the City of Living Wage does not apply Ashland, including the Parks to the first 1040 hours worked > For all hours worked in a and Recreation Department. in any calendar year. For month if the employee spends more details, please see 50%or more of the > In calculating the living wage, Ashland Municipal Code employee's time in that month employers may add the value Section 3.12.020. working on a project or For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, Oregon 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 27 EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through its authorized representative,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)Consultant is not subject to backuplwithholding 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. Consultant further represents and warrants to City that: (a)it has the power and authority to enter into this Agreement and perform the Work,(b)the Agreement,when executed and delivered,shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c)the work under the Agreement shall be performed in accordance with the highest professional standards,and(d)Consultant is qualified,professionally competent,and duly licensed(if applicable)to perform the Work. Consultant 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 Agreement,it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. (1) Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private 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)Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds,warranties,errors and omission(professional liability)insurance or liability insurance relating to the Work or services to be provided. 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Rhona Include.=we not MOM to.the Meowing. Ityaw danotretmFoamWatothe requester aftha711%you mkyt •tine 1099-INT(Interest earned or peldj be=Wed to bacdarp Rrtbhodmng.see wnaad Is tucfap withholding, Met Cat.No.taztrx ram W-9(gav 10 wra) REQUEST FOR PROPOSALS QUALIFICATIONS BASED SELECTION Professional Consultant Services for PROJECT 2022-02 Water Management and Conservation Plan (WMCP) PROJECT NO: 2022-02 PROJECT TYPE: Professional Consultant Services PROPOSALS DUE: September 22,2022 not later than 2:00 PM PST SUBMIT PROPOSALS TO: City of Ashland Public Works- Engineering, at 51 Winburn Way, Ashland OR 97520; or by mail to: 20 E. Main Street,Ashland, OR 97520 CITY PROJECT MANAGER: Scott Fleury P.E., Public Works Director PROJECT DURATION: Phase 1: Plan Development&Public Presentations(12 months) Wel CITY OF ASHLAND PUBLIC WORKS ENGINEERING 20 E. MAIN STREET ASHLAND OR 97520 541/488-5587 TABLE OF CONTENTS TABLE OF CONTENTS 1 ADVERTISEMENT 3 SECTION 1-PROJECT OVERVIEW 4 1.1 OBJECTIVES 4 1.2 BACKGROUND INFORMATION 4 1.3 REFERENCE DOCUMENTS 5 SECTION 2-SCHEDULE 6 SECTION 3-SCOPE OF SERVICES 6 3.1 GENERAL REQUIREMENTS 6 3.2 SPECIFIC REQUIREMENTS 7 SECTION 4-EVALUATION CRITERIA 7 4.1 PROJECT APPROACH (20 POINTS POSSIBLE) 8 4.2 PROJECT EXPERIENCE (20 POINTS POSSIBLE) 8 4.3 PROJECT TEAM EXPERIENCE (30 POINTS POSSIBLE) 8 4.4 PROPOSERS DEMONSTRATED ABILITY TO SUCCESSFULLY COMPLETE SIMILAR PROJECTS ON TIME AND WITHIN BUDGET (30 POINTS POSSIBLE) 8 4.5 TERMINATION FOR DEFAULT (PASS OR FAIL) 8 4.6 SCORING 9 SECTION 5-EVALUATION PROCESS AND CONSULTANT SELECTION 9 5.1 REVIEW AND ACKNOWLEDGMENT OF DEFECTIVE PROPOSALS 9 5.2 RIGHT OF REJECTION 9 5.3 REFERENCES 9 5.4 RESPONSIBILITY 10 5.5 CLARIFICATION OF RESPONSE 10 5.6 INTERVIEWS 10 5.7 FINALIST SELECTION 10 5.8 TIES AMONG PROPOSERS 10 5.9 NOTICE OF INTENT TO AWARD 11 5.10 CONTRACT NEGOTIATION 11 5.11 PROTEST PROCEDURES 11 5.12 RESULTING CONTRACT 12 SECTION 6-CONTRACT 12 6.1 CONTRACT FORM 12 6.2 BUSINESS LICENSE REQUIRED 13 6.3 INSURANCE REQUIREMENTS 13 6.4 LAWS AND REGULATIONS 14 SECTION 7-INSTRUCTIONS TO PROPOSERS 14 7.1 GENERAL 14 7.2 INFORMATION OF RECORD 14 7.3 PROPOSAL PREPARATION AND FORMAT 14 7.4 SIGNATURE ON PROPOSAL 15 7.5 PREPARATION COSTS 15 7.6 CONFORMANCE TO SOLICITATION REQUIREMENTS 15 7.7 DEFINITIONS 15 1 7.8 QUESTIONS AND CLARIFICATIONS 15 7.9 PROTEST OF REQUIREMENTS 16 7.10 PROTEST OF CONTRACT AWARD 16 7.11 PROPOSAL MODIFICATION 17 7.12 PROPOSAL WITHDRAWALS 17 7.13 PROPRIETARY INFORMATION 17 7.14 TERMS AND CONDITIONS 17 7.15 PROPOSAL OPENING 18 SECTION 8-PROPOSAL FORM 19 APPENDIX A—CONTRACT FORM INCLUDING EXHIBIT B,EXHIBIT C 21 APPENDIX B—FORM W-9 21 •pro • as to Form Doug- McGe Acting City Attorney 2 .1111 ADVERTISEMENT CITY OF ASHLAND PUBLIC WORKS—REQUEST FOR PROPOSALS QUALIFICATIONS BASED SELECTION for PROFESSIONAL CONSULTANT SERVICES The City of Ashland (City)is seeking Proposals for professional consultant services for Project 2022-02 Water Management and Conservation Plan(WMCP)Update.The purpose of this project is review and update the City's WMCP, incorporate climate analysis impacts on the City's supplies while following requirements established by the Oregon Water Resources Department for WMCP Plans(OAR 690 Division 086). The project will include, but is not specifically limited to,the following tasks and phase: PHASE 1: Water Management and Conservation Plan Development Proposals must be physically received by September 22,2022 not later than 2:00 PM PST(main lobby clock), in the City of Ashland Public Works Engineering Office located at 51 Winburn Way,Ashland OR 97520,or by mail at 20 E. Main Street,Ashland, OR 97520. Proposers mailing Proposals should allow normal delivery time to ensure the timely receipt of their Proposals. Any Proposal received after the date and time set for receipt of Proposals will not be considered and will be returned to the proposer unopened. For further information,contact the City's Project Manager,Scott Fleury P.E., Public Works Director at 541/488-5587 or by email at scott.fleury@ashland.or.us. Consultant selection is anticipated to result in the issuance of a contract for professional engineering services in a form substantially similar to the one provided in this RFP. Proposal documents may be downloaded from the OregonBuys web procurement system.Any addenda that may be issued relating to this RFP will be available from OregonBuys,and potential proposers are cautioned to continuously monitor the site for updates and addenda. All Proposals shall be submitted as set forth in Section 7-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 this RFP. Proposals shall be limited to eight(8)pages and must include the services of a Certified Water Rights Examiner registered in Oregon. Consultant selection will be based upon weighed criteria as set forth in this Solicitation Document and will include criteria including, but not limited to: similar project experiences,general experience, staffing availability,schedule and response time. The City of Ashland reserves the right to cancel this procurement or reject any and all Proposals in accordance with ORS 279B.100. aCdPE Scott Fleury, PE, P blic Works Director First date of solicitation: August 18,2022 RFP for Project#2022-02 3 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS REQUEST FOR PROPOSALS—QUALIFICATIONS BASED SELECTION PROJECT NO. 2022-02 Water Management and Conservation Plan(WMCP) SECTION 1-PROJECT OVERVIEW 1.1 Objectives The City of Astiland (City) is seeking Proposals from professional consultant services for Project 2022-02 Water Management and Conservation Plan(WMCP).The purpose of this project is review and update the City's WMCP. In conjunction with the development of the WMCP as required by Oregon Administrative Rule (OAR),the City is interested in understanding climate impacts to each of its three distinct supply sources, understanding potential reuse opportunities and having a fresh look into the City's robust conservation program.Supply and Climate analysis were done as part of the City's 2012 Comprehensive Water Master Plan Process and that background information will be provided to the selected consultant firm. 1.1.1 PHASE 1: Water Management and Conservation Plan Development The project will include but is not specifically limited to the following tasks: • Develop a WMCP consistent with Oregon Health Authority, Oregon Administrative Rules and Oregon Revised Statute Requirements • Review and comment on previous supply planning completed by City • Review and comment on recycled water reuse planning completed by City • Prepare and present at City Council and Public Open House Meetings 1.2 Background Information The City has long been involved in long range planning associated with its water system including comprehensive supply and demand analysis.The City did significant supply planning analysis as part of the 2012 Water Master Plan and recently updated the water master plan in 2020.Conservation and supply protection are a focus for the City and a solid understanding of climate impacts to the supply and demand projections will benefit the community with robust supply planning and management moving forward. The City of Ashland provides the City's Drinking water source supply,water treatment and water distribution to approximately 9,000 service connections.The City's primary raw water supply source is the Mount Ashland watershed which collects into Ashland Creek. The City owns and operates Hosler Dam where Ashland's source water is held in Reeder Reservoir.The City has two secondary sources of water that can be used to support overall system demand.The City has 1369 acre-feet of municipal water right delivered through the Talent Irrigation District system (Howard and Hyatt Prairie Lakes).The City also has 1000 acre-feet of stored water right in Lost Creek Reservoir.The Lost Creek storage water is delivered treated to the City through the Talent-Ashland-Phoenix(TAP) Intertie system.The TAP water is treated by the Medford Water Commission at the Duff Treatment Plant. The water treatment plant is located below Hosier Darn next to Ashland Creek and has a peak flow of 7.5 million gallons per day in the summer and averages 1.7 million gallons per day(MGD) in the winter months. The water transmission and distribution system consists of 130 miles of water distribution lines, 6 pump stations, 53 pressure reducing devices,and 1115 fire hydrants. There are four distribution reservoirs with 6.65 million gallons of water storage. In addition,the City owns and maintains 334 separate irrigations meters using potable water and 187 irrigation accounts using Talent Irrigation District(TID). 4 1.3 Reference Documents The City has several reference documents,technical memorandums, master plans and other that have been developed over decades associated with water system and supply planning.A few are provided below for reference.Additional supporting documentation will be provided to selected consultant upon an initial request for information. 2012 Water Master Plan: (Link) 2013 Water Management and Conservation Plan: (Link) 2019 Water Management and Conservation Plan Progress Report: (Link) 2020 Talent-Ashland-Phoenix(TAP) Master Plan (Link) 2020 Water Master Plan (Link) Oregon Water Resources Department WMCP Guidebook: (Link) 5 • SECTION 2-SCHEDULE The schedule of events listed below represent City's estimated schedule for this request for proposal. This schedule is SUBECTTO CHANGE and will be adjusted as required. EVENT DAILY COUNT(CALENDAR DAYS) DATE 1. Request for Proposal Released 0 8/18/2022 2. Last Date for Request for changes/Protest 10 days prior to Proposal Closing 9/12/2022 for Specifications/Questions 3. Last Date for City to Post Addenda 3 days prior to Proposal Closing 9/19/2022 4. Closing Date(last day to submit Proposals) "30 days after Proposal Release 9/22/2022 5. Responses Evaluated —15 days after Closing Date 10/6/2022 6. Interviews Held (if necessary) ^25 days after Closing Date 10/17/2022 7. Intent to Award Announced —30 days after Closing Date 10/24/2022 8. Contract Negotiations —40 days after Closing Date 10/31/2022 9. Expected Project Completion (all phases) 12 months after Contract Award 12/1/2023 SECTION 3-SCOPE OF SERVICES 3.1 General Requirements • Personnel, Materials, & Equipment:The Consultant shall provide qualified and competent personnel and shall furnish all supplies, equipment,tools and incidentals required to accomplish the work. All materials and supplies shall be of good quality and suitable for the assigned work. • Safety Equipment: The Consultant shall 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. • Professional Responsibilities: The Consultant shall perform the work using the standards of care, skill and diligence normally provided by a professional in the performance of such services in respect to similar work and shall comply will all applicable codes and standards. • 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.Project Management will also include coordination with FERC and permitting agencies throughout the duration of the project. • Monthly Invoices and Progress Reports:The Consultant shall 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. 6 3.2 Specific Requirements The City of Ashland (City) is seeking professional consultant services for Project 2022-02 Water Management and Conservation Plan (WMCP).The purpose of this project is review and update the City's WMCP. In conjunction with the development of the WMCP as required by Oregon Administrative Rule (OAR),the City is interested in understanding climate impacts to each of its three distinct supply sources, understanding potential reuse opportunities and having a fresh look into the City's robust conservation program.Supply and Climate analysis were done as part of the City's 2012 Comprehensive Water Master Plan Process and that background information will be provided to the selected consultant firm. 3.2.1 PHASE 1: Water Management and Conservation Plan Development The purpose of this project is review and update the City's WMCP,incorporate climate analysis impacts on the City's supplies, refresh supply planning that was done during the 2012 Water Master Plan, all while following requirements established by the Oregon Water Resources Department for WMCP Plans (OAR 690 Division 086). This phase will include but is not specifically limited to the following tasks: • Develop a WMCP consistent with Oregon Health Authority, Oregon Administrative Rules and Oregon Revised Statute Requirements o Prepare Executive Summary for entire document o Develop Request for Information for necessary documents required to review and develop updated WMCP o Coordinate with Oregon Water Resources Staff as necessary ■ Facilitate WMCP approval process with OWRD o Coordinate with regional water suppliers for review and comment on WMCP o Build upon previous supply planning completed by City of Ashland o Build upon previous water recycling analysis completed by City of Ashland o Develop Water Supplier Description(OAR 690-086-0140) o Develop Water Conservation Element(OAR 690-086-0150) o Develop Municipal Water Curtailment Element(OAR 690-086-0160) o Develop Municipal Water Supply Element(OAR 690-086-0170) • Evaluate climate impacts on the City's three specific supplies in conjunction with forecasted demands for the 20 and 50 year planning periods • Build upon previous planning work completed and identify opportunities and issues for recycled water reuse • Review and comment on City's current water supply management strategy • Prepare Presentation Materials o Public Open House(Informational Update) o City Council Study Session (Informational Update) o City Council Business Meeting(Adoption) • Update WMCP as necessary based on policy direction given by Council SECTION 4-EVALUATION CRITERIA Written Proposals will be evaluated and scored and a contract may be awarded based upon the proposer's qualifications and experience as described below: 4.1 Project Approach (20 Points Possible) Provide a description of your firm's approach to completing Water Management and Conservation Plans. Include a summary of prior partnerships with the City of Ashland if any. Include a summary of your quality control program used to review and generate final documents. 4.2 Project Experience (20 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 Water Management and Conservation Plan development experience. c. Provide a concise description of at least three(3) projects in the last ten (10)years, involving similar work to those listed in the scope of work. d. 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 4.3(b) below. e. Submit references for three of the projects described above. Include the Owners name, organization name, contact name,contact email and phone. 4.3 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)"). Be specific on the individuals that will play primary roles in development of the required engineering and their experience working on Water Management and Conservation Plans. Provide a concise summary of each key person(s)'s role,and a description of their relevant experience for this project. c. Submit resumes that support each Key Person's relevant experience.No more than five resumes should be submitted as Appendix A, and will not count against page limit. d. Indicate which individual will manage the project and be the primary contact. Indicate the specific experience this individual has managing project similar to the proposed dam safety improvement project. e. 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. 4.4 Proposer's Demonstrated Ability to Successfully Complete Similar Projects on Time and Within Budget (30 Points Possible) For each of the three(3) projects listed in response to 4.2(c), provide a discussion of whether the project was completed on time and on budget or needed to be revised. Briefly explain the reason for any revisions, and what attempts were made to bring the project back on schedule and within budget. 4.5 Termination for Default (Pass or Fail) Proposers shall indicate if they have had a contract terminated for default in the last five years. Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer's non-performance or poor performance and the issue of performance was either(a) not litigated due to inaction on the part of the Proposer,or(b) litigated and determined that the Proposer was in default. NOTE: If a Proposer has had a contract terminated for default in this period,then the Proposer shall submit full details including the other party's name, address and phone number. City of Ashland will evaluate the facts and may,at its sole discretion, reject the Proposal on the grounds of past performance. 8 4.6 Scoring CATEGORY POSSIBLE POINTS POINTS SCORING 1. Project Approach 20 2. Project Experience 20 3. Project Team Experience 30 4. Demonstrated Ability to Successfully 30 Complete Projects on Time and Within Budget 6. Termination for Default P/F Total 100 SECTION 5-EVALUATION PROCESS AND CONSULTANT SELECTION Proposals will be reviewed and evaluated by an evaluation committee of reviewers consisting of at least three City employees. The total number of points possible for written Proposals is 100,and an additional 100 points may be scored through the interview process. 5.1 Review and Acknowledgment of Defective Proposals Due to limited resources,City generally will not completely review or analyze Proposals that on their faces fail to comply with the minimum mandatory requirements of the solicitation documents nor will City generally investigate the references or qualifications of such proposals. Therefore,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 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. 5.2 Right of Rejection Proposers must comply with all terms of this RFP and all applicable federal,state,and local laws, administrative rules, and regulations. 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 the 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 that: • do not affect responsiveness, • are merely a matter of form or format, • do not change the relative standing or otherwise prejudice other offers, • are trivial, negligible,or immaterial in nature, • do not reflect a material change in the work,or, • do not constitute a substantial reservation against a requirement or provision. City reserves the right to refrain from making an award if the City determines that to be in its best interest. A Proposal from a debarred or suspended Proposer shall be rejected. 5.3 References The City reserves the right to investigate any and all references and the past performance information provided in the Proposal with respect to the proposer's successful performance of similar projects, 9 compliance with specifications and contractual obligations,completion or delivery of a project on a schedule, and lawful payment of employees and workers. The City reserves the right to check any and all sources for information on a proposer's past performance, including sources other than the references provided in the proposer's Proposal. The City may consider information available from any source,including government bodies and regulatory authorities. 5.4 Responsibility The 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 shall constitute approval for City to obtain any information City deems necessary to conduct evaluation. City reserves the right to request additional information or documentation from the successful Proposer prior to award of contract. Such information may include, but is not limited to, current and recent balance sheets, income statements, cash flow statements,or a performance bond from an acceptable surety. Failure to provide this information will result in rescission of City's Intent to Award. City may postpone the award of contract after announcement of the apparent successful Proposer in order to complete its investigation and evaluation. Failure of the apparent successful Proposer to demonstrate responsibility shall render the Proposer non-responsible and shall constitute grounds for rejection of the proposal. 5.5 Clarification of Response 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 request for clarification and responses shall be in writing. During the evaluation of Proposals, Proposers must respond to any_request for clarification from the Evaluation Committee within 24 hours of request(Monday through Friday). Inability of the Evaluation Committee to reach a Proposer for clarification and/or failure of a Proposer to respond within the time - stated may result in rejection of the Proposer's Proposal. 5.6 Interviews The outcome of the Proposal evaluations'may result in placement on an interview(short-listed)with time and date of the interview. Should City elect to hold interviews,the total additional points possible for the interview will be 100. City may invite up to three(3)of the highest-ranked firms (or at a natural break in scoring)to interview. The Firm's Key Persons, as identified by City shall be prepared to attend the interview within five (5) business days of notification by City,and shall be prepared to answer questions provided with the Interview Invite letter,and questions that will be provided at the time of the interview,and discuss the Firm's proposed project approach. 5.7 Finalist Selection ' The firm with the highest total score as a result of written Proposal scoring and interview scoring, if conducted,will be considered the Finalist,and all other firms will be ranked according to next highest score, etc. 5.8 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 10 best value for taking into account the scope,complexity and nature of the Work. The process shall instill public confidence through ethical and fair dealing, honesty and good faith on the part of City and Proposers and shall protect the integrity of the Public contracting process. As part of the procedure for choosing the Finalist between two or more equally qualified candidates, City may elect to give a preference to a local consulting firm. 5.9 Notice of Intent to Award. After the completion of the evaluation and ranking,the City will issue a written Notice of Intent to Award, naming the Finalist,and send copies to all Proposers. 5.10 Contract Negotiation City will begin negotiating the fees for the project,along with expanded scope of work detail,with the highest ranked Proposer and specifically,conduct direct negotiations toward obtaining written agreement on: a) Contractor's performance obligations and schedule; and any expansion of the Scope of Work. b) Contractor's fees, payment methodology, and a maximum amount payable to Contractor for the Work required under the Contract that is fair and reasonable to City determined solely by City,taking into account the value,scope,complexity and nature of work. c) Any other provisions City believes to be in the City's best interest to negotiate. d) Initial negotiations will be based upon Contract Phase 1. City shall,either orally or in writing,formally terminate negotiations with the highest ranked Proposer if City and Proposer are unable for any reason to reach agreement on a Contract within a reasonable amount of time. City may thereafter negotiate with the second ranked Proposer,and if necessary,with the third ranked Proposer,and so on, until negotiations result in a Contract. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, as determined solely by City, City may end the particular formal solicitation. Nothing in the rule precludes City from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract. 5.11 Protest Procedures City shall provide to all Proposers a copy of the selection notice that City sent to the highest ranked Proposer. A Qualified Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may submit a written protest of the selection to the City. A Proposer submitting a protest must claim that the protesting Proposer is the highest ranked Proposer because the Proposals of all higher ranked Proposers failed to meet the requirements of the RFP or because the higher ranked Proposers otherwise are not qualified to perform the Architectural, Engineering,or Land Surveying Services, or.Related Services described in the RFP. Eligible Proposers protesting award shall follow the procedures described herein. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Proposers. a) Protests must be received within seven (7)days after issuance of the notice of intent to award the Contract. City will not consider late protests. b) All protests must,be in writing,signed by the protesting party or an authorized Agent. The protest must specify the grounds for the protest to be considered by the City c) Protests based on procedural matters will not be considered. 11 d) The City's Public Works Director will review the protest and will fax and mail the protesting party a written response within three(3) business days of receipt of the written protest to the fax number and address provided in the proposal. Any written response may be comprised of a determination of the protest,a notice to the protesting party of the need for additional time in which to evaluate the matter,or other notice to the protesting party. e) If the Public Works Director's determination (response) is adverse to the protester, any further appeal of the Public Works Director's determination by the party must be submitted in writing to the City Administrator within three(3) business days of issuance of the Public Works Director's determination (response). f) The City Administrator will review any appeal of the Public Works Director's determination and shall fax and mail, in accordance with the fax number and address provided in the proposal,the protesting party a written response within three (3) business days of receipt of written appeal. g) If the determination of the City Administrator is adverse to the protesting party's interest, the protesting party may only appeal to the City Council by filing a written notice of appeal to the Council with the City Administrator within two (2) business days of issuance of the City Administrator's written determination. h) The Council, in considering the protest,shall review the documentation presented to the Public Works Director and the City Administrator on the next regularly scheduled Council Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such material. The Council review will be limited to the evaluation of compliance with City's policies and procedures, requirements of the RFP and the equal and fair application of City's contracting rules. The City Council's determination shall be City's final decision. An adversely affected or aggrieved proposer must exhaust all avenues of administrative remedies before seeking judicial review of City's Consultant selection or Notice of Intent to Award. 5.12 Resulting Contract Upon reaching final agreement in regards to fees and a final scope of work with an awarded Proposer, the City will issue a Personal Services Agreement(`PSA"), in substantially the form as found in the Appendix of this RFP. The PSA will include the City's Standard Terms and Conditions and the final scope of work and fees. SECTION 6-CONTRACT 6.1 Contract Form The consultant selected by the City will be expected to enter into a written contract in substantially the same form as attached to this RFP. The Proposal should indicate acceptance of the City's contract provisions. Suggested reasonable alternatives that do not substantially impair City's rights under the contract may be submitted as outlined under Section 5.11. Unconditional refusal to accept contract provisions will result in Proposal rejection. Contract Duration— Phase 1: Water Management and Conservation Plan Development—12 Months 12 Contract Payment—Contingent upon City's need, consultant's performance and availability of approved funding,City reserves the right to amend the contract(within the scope of the project described in this RFP)for additional tasks, project phases and compensation as necessary to complete a particular project. Proposers are advised that the award and potential dollar amount of the contract under this RFP will be contingent upon approval by the Ashland City Council acting as the Contract Review Board. Payment will be made for completion of,or acceptable monthly progress on,tasks and deliverables in conformance with contract requirements and applicable standards. The method of compensation will be determined by the City and may be based upon any one or combination of the following methods: • Cost plus fixed-fee, up to a maximum NTE amount • Fixed price for all services. Fixed price per deliverable. Fixed price per milestone • Time and materials, up to a maximum NTE amount(City preferred method) • Price per unit Ashland Living Wage Requirements—Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying at least the living wageas established by the City of Ashland on June 30, 2022 ($17.02 per hour): • For all hours worked under a service contract between their employer and the City if the contract exceeds$24,050.68 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$24,050.68. • 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. 6.2 Business License Required The selected consultant must have or acquire a current City of Ashland business license prior to conducting any work under the contact. 6.3 Insurance Requirements Contactor 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 $2,000,000 per occurrence. This is to cover damages caused by any error,omission,or negligent act related to the professional services to be provided under the contract. c. General Liability insurance with a combined single limit,or the equivalent,of not less than $2,000,000 per occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under the contract. d. Automobile Liability insurance with a combined single limit,or the equivalent, of not less than $1,000,000 per occurrence for each accident for bodily injury and property damage, including coverage for owned, hired or non-owned vehicles,as applicable. e. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s)without 30 days'written notice from the contractor or its insurer(s)to the City. 13 Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon,and its elected officials, officers and employees as additional insurers on any insurance policies required herein but only with respect to contractor's services to be provided under this contract. As evidence of the insurance coverage required by this contract,the contractor shall furnish acceptable insurance certificates prior to commencing work under this contact. The certificate will specify all of the parties who are additional insures. The consultant's insurance is primary and non-contributory. Insuring companies or entities are subject to the City's acceptance. If requested,complete copies of insurance policies;trust agreements,etc.shall be provided to the City. The contractor shall be financially responsible for all pertinent deductibles,self-insured retention and/or self-insurance. 6.4 Laws and Regulations The proposer is assumed to be familiar with all Federal,State, County or City laws or regulations,which in any manner affect those engaged or employed in the work or the materials or equipment used or which in any way affect the conduct of the work,and no pleas of misunderstanding will be considered on account of ignorance thereof. If the proposer shall discover any provision in these specifications or project information, plans or contract documents which is contrary to or inconsistent with any law or regulations,they shall report it to the City of Ashland in writing. All work performed by the contractor shall be in compliance with all Federal,State,County and local laws, regulations and ordinances. Unless otherwise specified,the contractor shall be responsible for applying for applicable permits and licenses. SECTION 7-INSTRUCTIONS TO PROPOSERS 7.1 General All proposals and any resulting contracts are subject to the provision and requirements of Oregon Revised Statutes,Sections 279A and 279B. Engineering contracts are further subject to 279C and to the City of Ashland (City) Municipal Code Section 2.50. 7.2 Information of Record This Request for Proposal (RFP)will be distributed through the Oregon Procurement Information Network(ORPIN). All updates, addendum,and related communications will be published through ORPIN. All prospective proposers are advised to continuously monitor the website for information regarding this proposal. It is the sole responsibility of the proposer to check the website on a timely basis for critical information regarding the proposal. 7.3 Proposal Preparation and Format • Proposals shall be typewritten in 12 point font minimum. • Except for proposer attachments, proposal form,cover letter and resumes,the Proposal shall contain no more than 8 pages. • Proposal narrative must follow along with scoring criteria sections. • No oral,telegraphic,telephone or facsimile Proposals shall 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 date and time set for Proposal closing. • A total of six copies including one original wet signature document must be submitted. Proposals shall be submitted to the City prior to the date and time set for closing. • One(1)digital copy of the complete Proposal shall be submitted on a CD or thumb drive. 14 7.4 Signature on Proposal Proposals shall be signed in ink by an authorized representative of the Proposer. 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. No consideration will be given to any claim resulting from proposing without fully comprehending all requirements of this Request for Proposals. 7.5 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 City believes it is in City's best interest to do so. Consultants responding to RFPs are responsible for all costs they may incur in connection with submitting Proposals and responses to RFPs,which includes, but is not limited to: preparation, submittal,travel expenses, interviews, presentations,or evaluation of any Proposal. 7.6 Conformance to Solicitation Requirements Proposals shall conform to the requirements of this Request for Proposals. All necessary attachments (Independent Contractor Certification,etc.)shall be submitted with the Proposal and in the required format. Failure to comply with all requirements may result in Proposal rejection. 7.7 Definitions For the purpose of this RFP: "Agency"or"City"means City of Ashland. "Business days" means calendar days, excluding Saturdays,Sundays and all City recognized holidays. "Calendar days"or"days"means any day appearing on the calendar,whether a weekday,weekend day, national holiday,State holiday or other day. "Council"means City of Ashland Council "Department" means the City of Ashland Engineering Department. "Manager" means the City of Ashland Project Manager. "Proposers"-All firms submitting 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 Proposal. "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. 7.8 Questions and Clarifications All inquiries,whether relating to the RFP process, administration,deadline or award,or to the intent or technical aspects of the services, must be submitted in writing to the City's Project Manager listed in the advertisement for this RFP,at 20 East Main Street,Ashland, Oregon 97520. All questions must be received not later than ten (10)calendar days prior to the date and time set for closing. Answers to questions received by City,which are deemed by City to be substantive,will be issued as official addenda to this RFP to ensure that all proposers base their proposals on the same information. When appropriate, as determined by City in its sole discretions, revisions,substitution or clarification of the RFP or attached terms and conditions,an official addendum to this RFP will be issued. Proposer 15 shall indicate receipt of all issued addenda by indicating the number of addendum received on the Proposal Form. Any addendum or addenda issued by the City which may include changes, corrections, additions, interpretations or information,and issued.seventy-two(72) hours or more before the scheduled closing time for submission of bids,Saturday,Sunday and legal holidays not included,shall be binding upon the proposer. The City may elect to email addendum to registered proposers but will do so as a courtesy only. All official addendums will be issued through ORPIN and it shall be the proposer's sole responsibility to acquire any and all addendum pertaining to RFP. The proposer is strongly cautioned to monitor this site on a continual basis. 7.9 Protest of Requirements Proposers may submit a written protest of any provision;specification or contract term contained in this RFP and may request a change to any provision,specification or contract term contained in this RFP, not later than ten (10) calendar days prior to the advertised proposal closing date. A proposer's written protest must meet the following requirements: • A detailed statement of the legal and factual grounds for the protest. • The reason for the protest or request for change. • A statement of the form of relief requested or any proposed changes to the specifications or contract document. All protests shall be mailed or otherwise delivered to the City marked as follows: PROPOSAL PROTEST Proposal No.2022-02 City of Ashlan'd Public Works Dept. ATTN: Scott Fleury P.E., Public Works Director 20 East Main St Ashland, OR 97520 City Response:The City may reject without consideration a proposer's protest after the deadline established for submitting protest. The City shall provide notice to the applicable proposer if it entirely rejects a protest. If the City agrees with the proposer's protest, in whole or in part,the City shall either issue an addendum reflecting its determination or cancel the solicitation. Extension of Closing: If the City receives a written protest from.a proposer in accordance with this rule, the City may extend closing if the City determines an extension necessary to consider the protest and to issue addenda, if any;to the solicitation of document. Judicial review of the City's decision relating to a specification protest shall be in accordance with ORS. 279B.405. 7.10 Protest of Contract Award Every Proposer who submits a proposal shall be notified of its selection status. Any Proposer who claims to have been adversely affected or aggrieved by the selection of another or any Proposer who contends that the provisions of this RFP or any aspect of the procurement process has promoted favoritism in the award of the contract or has substantially diminished competition, must file a written protest to this RFP within seven (7) calendar days after the date of the notice of intent to award. Failure to file a protest will be deemed a waiver of any claim by an offeror that the procurement process violates any provision of ORS Chapters 279A, 279B,or 279C,the City of Ashland Municipal Code,or the City's procedures for screening and selection of persons to perform personal services. 16 7.11 Proposal Modification Modifications or erasures made before proposal submission shall 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 proposal closing. Any modification shall be prepared on company letterhead, shall be signed by an authorized representative,and shall state that the new document supersedes or modifies prior proposal submissions and any other prior proposal modifications. Proposal modifications shall be submitted in a sealed envelope clearly marked "Proposal Modification," identifying the RFP number and closing date and time. Proposers may not modify proposals after proposal closing date and time. 7.12 Proposal Withdrawals Proposals may be withdrawn in writing on company letterhead signed by an authorized representative and received by the Engineering Services Manager prior to the date and time set for closing. Proposals may be withdrawn in person before closing time upon presentation of appropriate identification. 7.13 Proprietary Information The City is subject to the Oregon Public Records Laws(ORS 192.311 to 192.478),which require the City to disclose all records generated or received in the transaction of City business,except as expressly exempted. The City will not disclose records submitted by a Proposer that are exempt from disclosure under the Oregon Public Records Law,subject to the following procedures and limitations. The entire Proposal cannot be marked confidential; nor shall any pricing be marked confidential. All pages containing the records exempt from disclosure shall be marked "confidential"and segregated in the following manner: • It shall be clearly marked in bold and on each page of the confidential document. • It shall 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 shall prevail. • Where such conflict occurs,the Proposer is instructed to respond with the following: "Refer to confidential information enclosed." • This statement shall be inserted in the place where the requested information was to have been placed. Proposers who desire that additional information be treated as confidential must mark those pages as "confidential." Proposers shall also cite the specific statutory basis for the exemption and give the reasons why the public interest would be served by the confidentially. Should a Proposal be submitted as described in this section, no portion ofit will be held confidential unless that portion is segregated as described in the criteria above. Notwithstanding the above procedures,the City reserves the right to disclose information that the City determines, in its sole discretion, is not exempt from disclosure or that the City is directed to disclose by the City's Attorney,the District Attorney,or a court of competent jurisdiction. 7.14 Terms and Conditions Unless an official addendum has modified or reserved the right to negotiate any terms contained in the contract or exhibits thereto,the City will not negotiate any term or condition after the protest deadline, except the statement of work, pricing,and calendar with the selected proposer. By submitting a 17 Proposal,the selected proposer agrees to be bound by the terms and conditions as set forth in this RFP and as such terms and conditions may have been modified or reserved by the 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. 7.15 Proposal Opening Unless otherwise provided by law, Proposals received in response to this RFP shall be opened at the date and time set for closing at the Engineering Services Building at 51 Winburn Way,Ashland, Oregon 97520. Proposers who attend the Proposal opening shall be informed only of the names of the Proposers submitting Proposals. No other information shall be available,and no copies of the Proposals shall be made. Award decisions will NOT be made at that time. 18 a SECTION 8-PROPOSAL FORM Proposals should be prepared and organized in a clear and concise manner and must include all information required by this RFP. Headers,Titles or Tabs should be used to identify required information. Responses to the Evaluation Criteria found in Section 4 shall be organized in the same order listed in that Section, preferably by re-stating the criteria and then responding below the restated criteria. 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 4 ❑ SECTION 8—Proposal Form ❑ Independent Contractor Certification MWESB INFORMATION The 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 if no addenda were received: CWRE/OSBEELS/OSBGE/ORBAE No.(s) Provide name(s),title(s), and certification number(s)for each Key Person listed under Section 6.3 (b). Attach additional sheet if necessary) Name: Title: Certification No: Name: Title: Certification No: Name: Title: Certification No: Name: Title: Certification No: Name: Title: Certification No: Name: Title: Certification No: 19 PROPOSER INFORMATION: Proposer Company Name Company Address(from which work will be performed) Telephone Number Fax Number FEDERAL ID NUMBER Printed Name of Person Signing RFP: Title: Signature: Email Address: 20 APPENDIX A—CONTRACT FORM INCLUDING EXHIBIT B, EXHIBIT C APPENDIX B—FORM W-9 PERSONAL SERVICES AGREEMENT (GREATER THAN $35,000.00) CONSULTANT: CITY OF CONSULTANT'S CONTACT: �S H LAN D 20 East Main Street ADDRESS: Ashland, Oregon 97520 Telephone: 541/488 TELEPHONE: Fax: 541/552-W4W This Personal Services Agreement (hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and >,4,4•;•,4,4;4,4 , a gfriagg& iopoF ession.l co oo atio 1itnr eo 'aoilit" corn an,) ("hereinafter "Consultant"), for ((desc.,®tion ari ° to [oL jorov'deo.3. By signing this Agreement, Consultant is certifying its business is currently registered(or will immediately register if awarded contract)with the State of Oregon. NOW THEREFORE,in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City,as set forth below(the"Effective Date"),and unless sooner terminated as specifically provided herein,shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore, but not later than K+*+,•*i'+,W. 2. Scope of Work: Consultant will provide (oeseriot'on emocKgapiittE,mrovi0ed as more fully set forth in the Consultant's 1°ro 0 osa dated MAi,`44;XO,which is attached hereto as"Exhibit M"and incorporated herein by this reference. Consultant's services are collectively referred to in this Agreement as the"Work." 3. Compensation: City shall pay Consultant the sum of$3.2. ©:Zh <; amoun E EMU EXg aEl hou- Ma um I aEgE i=V2Clig col amount fiCtoz tom agat C a r'ze hu o ed tho son oEre Gftarift dollar1 as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of$,'4;4 4 O• s 4 4,•'t t[x amouTIER IDE I without the express,written approval from the City official whose signature appears below,or such official's successor in office. Payments shall be made within thirty(30)days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,payments will be made for any phase of the Work completed and accepted as of the date of termination. 4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 21 5. , All Costs Borne by Consultant: Consultant shall,at its own risk,perform the Work described above and,unless otherwise specified in this Agreement,furnish all labor,equipment,and materials required for the proper performance of such Work. 6. Qualified Work: Consultant has represented,and by entering into this Agreement now represents,that all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform the services to which they will be assigned in a skilled manner and,if required to be registered,licensed, or bonded by the State of Oregon,are so registered,licensed,or bonded. 7. Ownership of Work/Documents: All Work,work product,or other documents produced in furtherance of this Agreement belong to the City,and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is$24,050.68 or more,Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as"Exhibit B"predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby agrees to defend,indemnify,save,and hold City,its officers, employees,and agents harmless from any and all losses, claims,actions,costs,expenses,judgments,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 Agreement by Consultant(including but not limited to,Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to this Agreement). However,Consultant shall not be held responsible for any losses,expenses, claims, costs,judgments,or other damages,caused solely by the gross negligence of City. 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City'at any time upon not less than thirty(30)days'prior written notice delivered by certified mail or in person. c. For Cause. City may terminate or modify this Agreement,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 Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied,revoked,suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the 22 s Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen(15)days of the date of the notice, or within such other period as the party giving the notice may authorize in writing,then the Agreement 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 Agreement. City,by written notice to Consultant of default or breach,may at any time terminate the whole or any part of this Agreement if Consultant fails to provide the Work called for by this Agreement within the time specified herein or within 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 Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement 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 Subsection a,b,c,or d of this section, Consultant shall immediately cease all activities under this Agreement,unless expressly directed otherwise by'City in the notice of termination.Further,upon termination, Consultant shall deliver to City all documents,information,works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers'compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer that will comply with ORS 656.017. 13. Assignment: Consultant shall not assign this Agreement 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 of the Work shall not create any contractual relation between the assignee or subcontractor and City. 14. 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 under the 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 Agreement;or attempts to assign rights in,or delegate duties under,this Agreement. 15. Insurance. Consultant shall,at its own expense,maintain 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 23 b. Professional Liability insurance with a combined single limit,or the equivalent,of not less than $2,000,000(two million dollars)per occurrence. This is to cover any damages caused by error, omission or negligent acts related to the Work to be provided under this Agreement. c. General Liability insurance with a combined single limit,or the equivalent,of not less than $2,000,000(two million dollars)per occurrence for Bodily Injury,Death,and Property Damage. d. Automobile Liability insurance with a combined single limit,or the equivalent,of not less than $1,000,000(one million dollars) for each accident for Bodily Injury and Property Damage,including coverage for owned,hired or non-owned vehicles, as applicable. 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 thirty(30)days'prior 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 Agreement. The consultant's insurance is primary and non-contributory.As evidence of the insurance coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. 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. 16. Nondiscrimination: Consultant agrees that no person shall,on the grounds of race,color,religion,creed, sex,marital status,familial status or domestic partnership,national origin,age,mental or physical disability, sexual orientation,gender identity or source of income, suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. Further,Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business,a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055,in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance with Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall,throughout the term of this Agreement,including any extensions hereof, comply with: (i)All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant;and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant,for a period of no fewer than six(6)calendar years preceding the Effective Date of this Agreement,has faithfully complied with: (i) All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316,317,and 318; 24 (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Notice. Whenever notice is required or permitted to be given under this Agreement,such notice shall be given in writing to the other party by personal delivery,by sending via a reputable commercial overnight courier,by mailing using registered or certified United States mail,return receipt requested,postage prepaid, or by electronically confirmed at the address or facsimile number set forth below: If to the City: D c o artmen tftn: Cox�trac dtx�tnzst pato. d e: Ashland, Oregon 97520 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland,Oregon 97520 Phone: (541)488-5350 If to Consultant: ovwcomen 19. Governing Law. This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court,in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue,and expressly consents that,upon motion of the other party,any case may be dismissed or its venue transferred,as appropriate,so as to effectuate this choice of venue. 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement 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 Agreement. In the event City has insufficient appropriations,limitations or other expenditure authority,City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Consultant,with no further liability to Consultant. 22. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, 25 } MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT 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 AGREEMENT. CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 23. Certification. Consultant agrees to and shall sign the certification attached hereto as"Exhibit C"and incorporated herein by this reference. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: .P•Y+ +A,•'+SRX(CONSULTANT): By: By: Joseph L.Lessard,City Manager Signature Date Printed Name Title Purchase Order No. Date (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: City Attorney Date 26 EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating I. a •. . . I . i .. . $17.02 per hour, effective,June 30, 2022. �® The Living Wage is,adjusted annually every /MI June30 by the ConsumerPrice Index. Employees must be paid a portion of business of their of health care, retirement, living wage: employer, if the employer has 401K and IRS eligible ten or more employees,and cafeteria plans(including has received financial childcare)benefits to the assistance for the project or amount of wages received by > For all hours worked under a business from the City of the employee. service contract between their Ashland in excess of employer and the City of $24,050.68. > Note: For temporary and Ashland if the contract part-time employees,the exceeds$24,050.68 or more. > If their employer is the City of Living Wage does not apply Ashland,including the Parks to the first 1040 hours worked > For all hours worked in a and Recreation Department. in any calendar year. For month if the employee spends more details, please see 50%or more of the > In calculating the living wage, Ashland Municipal Code employee's time in that month employers may add the value Section 3.12.020. working on a project or For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, Oregon 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 �S H LAN D 27 w _ i EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through its authorized representative,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) Consultant 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. Consultant further represents and warrants to City that: (a)it has the power and authority to enter into this Agreement and perform the Work,(b)the Agreement,when executed and delivered,shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c)the work under the Agreement shall be performed in accordance with the highest professional standards,and(d) Consultant is qualified,professionally competent,and duly licensed(if applicable)to perform the Work. Consultant 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 Agreement, it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. • (1) Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private 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) Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds,warranties, errors and omission(professional liability)insurance or liability insurance relating to the Work or services to be provided. 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