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HomeMy WebLinkAbout2024-116 PO 20240380 HDR Engineering Inc. Purchase Order Fiscal Year2024Page:1 of: 1 THISPO NUMBER MUSTAPPEAR ON ALL INVOICES, AND SHIPPINGDOCUMENTS. B City of Ashland I ATTN:Accounts Payable Purchase L 20 E. Main L 20240380 Order# Ashland, OR 97520 Phone: 541/552-2010 T Email: payable@ashland.or.us O S VC/O Public WorksDepartment H HDR ENGINEERING INC E 51 Winburn Way I PO BOX 74008202 N Ashland, OR 97520 P CHICAGO, IL 60674-8202 D Phone: 541/488-5347 OEmail: ACCOUNTSRECEIVABLE@HDRINC.COM T Fax: 541/488-6006 R O Vendor Phone NumberVendor Fax NumberRequisition NumberDeliveryReference 20240196 DateOrderedVendor NumberFreight Method/TermsDepartment/Location DateRequired 06/04/20242369FOB ASHLAND OR/NET30Public WorksDepartment Item#Description/PartNoQTYUOMUnit PriceExtended Price Waterrate study 1Waterrate study1.0EACH$49,814.00$49,814.00 Project Account: ***************GL SUMMARY *************** 081800 - 604100$49,814.00 By:Date: AuthorizedSignature PO Total$49,814.00 PERSONAL SERVICES AGREEMENT (greater than $25,000.00) CONSULTANT: HDR Engineering, Inc. CONSULTANTÓS CONTACT: Josiah Close ADDRESS: 1050 SW Sixth Avenue, Suite 1800 20 East Main Street Portland, OR 97204 Ashland, Oregon 97520 Telephone: 541/488-5587 TELEPHONE: 360-570-7294 Fax: 541/488-6006 EMAIL: josiah.close@hdrinc.com This Personal Services Agreement (hereinafter ÐAgreementÑ) is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and HDR Engineering Inc., a foreign business corporation ("hereinafter ÐConsultant"), for a Water Rate Study. 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 ÐEffective DateÑ), 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, 2025. 2. Scope of Work: Consultant will provide a water rate study, as more fully set forth in the ConsultantÓs Scope of Services for Water Rate Study, April 29, 2024, which is attached hereto as ÐExhibit AÑ and incorporated herein by this reference. ConsultantÓs services are collectively referred to herein as the ÐWork.Ñ 3. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complimentary 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 and expense, 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 professional 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 HDR 6. Compensation: City shall pay Consultant the sum of $49,814.00 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 $49,814.00 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 30 days of the date of receipt by the City of ConsultantÓs 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 product or 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. Any reuse of the work product by the City for purposes not contemplated herein shall be at the City Ó s sole risk, without liability to Consultant. 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 $21,507.75 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 Ð Exhibit B Ñ 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, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature to the extent the losses, claims, costs, expenses, or other damages are caused by the negligent acts, or errors or omissions of Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to this Agreement) in the performance of this Agreement. However, Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly or solely caused 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 30 daysÓ 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 Page 2 of 6: Personal Services Agreement with HDR 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 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 ConsultantÓs 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 services 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 HDR 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. WorkerÓs Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workersÓ 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 any error, omission or negligent act related to the professional services to be provided under this Agreement. ÐTailÑ coverage will be required at the completion or expiration of this Agreement for a duration of forty-eight (48) months following such completion or expiration. Consultant will be responsible for furnishing acceptable insurance certif icates showing such ÐtailÑ coverage as described or continuous Ðclaims madeÑ professional liability coverage for forty-eight (48) months following the termination or expiration of this Agreement. Continuous Ðclaims madeÑ professional liability coverage wi ll be acceptable in lieu of ÐtailÑ coverage, provided its retroactive date is on or before the Effective Date of this Agreement. This coverage will be a condition of the final acceptance of the Work performed pursuant to 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 30 daysÓ 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 WorkersÓ Compensation, required herein, but only with respect to ConsultantÓs services to be provided under this Agreement. The consultantÓs 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 CityÓs acceptance. If requested, complete redacted 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. Page 4 of 6: Personal Services Agreement with HDR 17. ConsultantÓs 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; (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 jurisdictionÓs 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 CityÓs fiscal year budget. Consultant understands and agrees that CityÓs 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 Page 5 of 6: Personal Services Agreement with HDR 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.Certification. Consultant shall sign the certificat ion attached hereto as ÐExhibit CÑ and incorporated herein by this reference. 23.Estimates.Any estimates of costs, value or savings provided by Consultant as part of its services hereunder are made on the basis of information available to Consultant and on the basis of Consultant's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since Consultant has no control over the impact of various factors that impact actual costs, value or savings, Consultant does not guarantee that the actual costs, value or savings will not vary from Consultant's estimates. Additionally, when preparing any work product hereunder, Consultant may rely, in whole or in part, on data and information provided by the City and third parties, which information shall not be independently verified by Consultant. Therefore, while Consultant will utilize the industry standard of care in preparing any work product, Consultant does not warrant or guarantee any conclusions set forth in any work product provided under this Agreement which are dependent or based upon data, information or statements supplied by third parties or the City. CITY OF ASHLAND:HDR(CONSULTANT): Digitally signed by Tracy Ellwein Date: 2024.05.20 14:50:54-07'00' By: ___________________________________By: _______________________________ Interim City ManagerSignature Tracy Ellwein Scott Fleury ____________________________________________________________________ Printed NamePrinted Name 5.21.2024 Vice President ____________________________________________________________________ DateTitle _________________________________ Date Purchase Order No. _______________________(W-9 is to be submitted with this signed Agreement) Proposed changes, AATF. Carmel Zahran, Assistant City Attorney 5.16.24 Page 6of6: Personal Services Agreementwith HDR 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 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 customary 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 Date Page 1 of 1 EXHIBIT C EXHIBIT B C I T Y O F A S H L A N D, O R E G O N City of Ashland LIVING ALL employers described WAGE below must comply with City of Ashland laws regulating payment of a living wage. $18.12 per hour, effective June 30, 2023. The Living Wage is adjusted annually every June 30 by the Consumer Price Index. portion of business of their 401K and IRS eligible Employees must be paid a employer, if the employer has cafeteria plans (including living wage: 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 $25,335.05. part-time employees, the Ashland if the contract Living Wage does not apply exceeds $25,335.05 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 calculating the living wage, Section 3.12.020. employeeÓs time in that month employers may add the value working on a project or of health care, retirement, Foradditionalinformation: Call the Ashland City AdministratorÓs office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520, or visit the CityÓs 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. Page 1 of 1 EXHIBIT B City of Ashland | Water Rate Study HDR Proposal Scope of Services Based on Study goals and objectives and City-requested services, the following scope of services has been developed. Task 1. Project Management Task 1 includes general project management activities required to complete the project. This includes allocating the labor resources to the project and working with the City Project Manager to schedule project meetings and provide regular progress reports. EXPECTED CITY STAFF SUPPORT FOR TASK 1: Coordination with HDR Review and process invoices TASK 1 DELIVERABLES: Progress reports and invoices summarizing of project status and budget Task 2. Data Collection and Review HDR will provide an electronic copy of the written data request to the City that outlines the data and information for the Study. The primary data will be historical customer consumption data, operating budget, capital improvement plan, asset/depreciation data, etc. The data request will be provided prior to the kick-off meeting to provide City staff time to send the data to HDR for review prior to the kick-off meeting. This will provide both parties time to review and discuss outstanding data needs or alternative data to support the Study. EXPECTED CITY STAFF SUPPORT FOR TASK 2: Provide HDR with the requested data and information. Provide additional, or alternative, data to support the development of the Study as needed. TASK 2 DELIVERABLES: An electronic written data request detailing the data for the Study. Identification of data gaps or additional data needs. Task 3. Initial Kick-Off Meeting The initial project (kick-off) meeting will review Study goals and objectives, review the scope of services, and discuss Study issues or concerns that either party may have. This meeting is proposed to be held virtually for a two-hour period and include up to two HDR project team members. EXPECTED CITY STAFF SUPPORT FOR TASK 3: Key staff members participate in a two-hour kick-off meeting at the CityÓs offices. April 29, 2024 | 2 City of Ashland | Water Rate Study HDR Proposal TASK 3 MEETINGS: A virtual kick-off meeting two HDR project team members to: ɉ Identification of objectives, issues, and concerns by both parties. ɉ Review and confirm Scope of Services, data needs, and general approach. Task 4. Revenue Requirement Analysis Development of the revenue requirement analysis is the first major analytical portion of the Study process. This portion of the Study entails reviewing the revenues and expenses to provide water services. The steps involved in developing the revenue requirement are described below. Step 1 Î Selection of a Test Period A test period refers to a time frame of reference for the accumulation of revenues, expenses, and consumption data. HDR will discuss the projected time period with the City during the initial project kick-off meeting. HDR assumes a projected time period for the next five (e.g., fiscal year \[FY\] 2025 Î FY 2029) would be appropriate. Step 2 Î Method of Accumulating Costs A cash basis methodology is proposed. This methodology sums the uses of funds which include the CityÓs operation and maintenance (O&M) expenses, taxes/transfer payments, debt service, and capital improvements funded from rates. This is the most common approach for setting public/municipal utility rates. During the initial project kick-off meeting, the methodology will be reviewed and confirmed. Step 3 Î Accumulation of Revenues and Expenses HDR, in collaboration with City management and staff, will develop the test period revenue requirement. The first step is projection of consumption and rate revenues at present rate levels. For the projected five-year period, HDR will work with the City to develop the projection of revenues based on water consumption data and customer count information for each customer class of service. In addition, HDR will work with City staff to determine if adjustments to the consumption data is necessary based on past and future consumption levels to project a normal water consumption year. HDR will closely review this aspect of the Study with City staff and develop a mutually acceptable assumption (forecast). The revenue requirement is composed of two major costs: operational and capital. Operational costs are projected from historical or budgeted costs, using assumed escalation (inflationary) factors, and adjusted for any known changes (e.g., additional personnel, increase in electricity). While the projection of operational costs is generally straightforward, the projection of capital costs is typically the focus of the analysis and requires more thought and planning. The starting point for projecting capital expenditures will be the CityÓs water capital improvement plan. During the financial planning process, consideration must be given to maximizing the capital improvement expenditures, while minimizing utility customer rates. The capital April 29, 2024 | 3 City of Ashland | Water Rate Study HDR Proposal (improvement) funding plan is developed on a year-by-year basis for the projected rate study time period. Capital projects are listed by year with the estimated (planned) outside funding sources for each project. The balance of projects not funded by the available sources of funds must be financed from a combination of long-term debt and rates (or deferred). Balancing the use of long-term debt to rate impacts are critical to the analysis. The above framework provides the proper approach to evaluate the financial/rate implications of the planned capital improvements. HDR will work closely with City staff to evaluate the current levels of funding for replacement capital and develop a long-term plan to increase funding to appropriate and adequate levels. In developing the final revenue requirement, financial planning aspects are considered. These include, but are not limited to, minimum debt service coverage ratios, minimum operating reserves, and minimum annual rate funding for renewal/replacement and upgrade of infrastructure. Upon development of a draft revenue requirement analysis, a two-hour virtual project meeting will be held to review the draft revenue requirement analysis. HDR will develop summary pages comparing the present revenues to the projected operating and capital expenditures for the test period at the conclusion of the revenue requirement analysis. This will provide the overall cost-basis for any adjustments to revenues (i.e., rate adjustments). If needed, HDR will develop a rate transition plan to smoothly implement rate adjustments over the five-year period. Step 4 Î Summarize the Results The revenue requirement analysis is designed to understand the total costs to operate and maintain the water system on a year-by-year basis. While the analysis is detailed, an important step is to summarize those results and findings into an easy to understand format. Results are summarized both numerically and graphically. HDR will develop summary tables for the revenue requirement analysis that provide easy to understand findings and results. EXPECTED CITY STAFF SUPPORT FOR TASK 4: Provide as needed assistance to clarify the CityÓs data and information as it relates to developing the revenue requirement. Provide as needed data refinements or additional data needs as determined during the process of developing the revenue requirement. Collaborate in the development of the revenue requirement and projections of the consumption and revenue assumptions. Attend and participate in a half-day in person meeting to review development of the draft revenue requirement analysis. TASK 4 DELIVERABLES: A water revenue requirement analysis for a projected five-year period that considers the necessary operating and capital needs of the water utility. April 29, 2024 | 4 City of Ashland | Water Rate Study HDR Proposal A capital financing plan within the revenue requirement analysis, using the CityÓs current capital improvement plan. A rate transition plan to phase in identified rate adjustments. Recommendations regarding key financial indicators (e.g., debt service coverage, capital funding/replacement through rates, minimum reserve levels). TASK 4 MEETINGS: A half-day in person meeting with two HDR staff participating to develop the final revenue requirement analysis. Task 5. Cost-of-Service Analysis A cost-of-service analysis proportionally distributes the revenue requirement to the different customer classes of service. The basis for establishing rates that are fair, proportional, and defendable has traditionally been cost-of-service principles and methodologies. Generally accepted cost-of-service methodologies are discussed in detail within the AWWA M-1 Manual, Principles of Utility Rates, Fees and Charges. Within a cost-of-service analysis, the revenue requirement is functionalized, allocated, and distributed to the CityÓs water customer classes of service (e.g., residential, commercial), or rate schedules. The basic steps of a water cost-of- service analysis are described in more detail below. Step 1 Î Selection of Test Period The first step of a cost-of-service analysis is to select a time period for the allocation of costs. For cost-of-service purposes, allocating the rate setting period revenue requirement (e.g., FY 2025) would appear appropriate. This will be discussed and finalized during the initial project kick-off meeting. Step 2 Î Determine Classes of Service HDR will review with City staff the current customer classes of service or rate schedules. Classes of service refer to the grouping of customers for cost distribution. HDR will work with the City to review the customer characteristics to determine the basis for specific customer classes of service that reflect the levels of service provided by the City. Step 3 Î Functionalization and Allocation of Expenses Next, plant (infrastructure) and O&M expenses are functionalized, which is the arrangement of cost data into its basic cost categories (e.g., supply, treatment, pumping, storage, distribution). The CityÓs chart of accounts will generally provide the functionalization of costs. Costs are then allocated to their respective cost component(s). Allocation involves determining whether each specific cost or account item was incurred to meet a customer classÓs commodity (average day), capacity (peak day), fire protection, or customer-related need. Some costs may be directly assigned to specific customers or customer groups. A thorough review of the various types of costs the City incurs will be undertaken and specific cost allocators developed. April 29, 2024 | 5 City of Ashland | Water Rate Study HDR Proposal Step 4 Î Develop Distribution Factors To distribute the allocated revenue requirement, distribution factors will need to be developed. For each allocation cost component, a proportional method will be developed to distribute each specific cost to the identified customer classes of service. HDR will review with the City to develop distribution factors that are proportional to each customer class of service, and which rely on City-specific data. Step 5 Î Distribute Costs Given the allocation of the test period revenue requirement and development of distribution factors, the costs can be proportionally distributed to the identified customer classes of service. Step 6 Î Cost-of-Service Summary The previous step proportionally distributes the rate base and O&M expenses to each customer class of service. From this process, a summary page can be developed that compares the difference between the current level of rate revenues received from each class of service, and the cost-of-service for each class of service. The summary page provides an important measure of the proportionality of the current rates in comparison to the cost-of-service. In addition to the summary page, average unit costs (i.e., cost-based rates) are also developed for each customer class of service. Average unit costs provide the City with an understanding of the cost/rate relationship between fixed (monthly meter charges) and variable (consumption charges) costs. These unit costs are important for developing the proposed rate designs. EXPECTED CITY STAFF SUPPORT FOR TASK 5: Review and discuss the appropriate customer classes of service. Work collaboratively with HDR during the development of the cost-of-service analysis. Participate in a two-hour virtual meeting to review the cost-of-service analysis. TASK 5 DELIVERABLES: Draft Cost-of-Service Summary documenting: ɉ Recommended customer classes of service for cost-of-service (rate schedule). ɉ Revenue requirements proportionally distributed by identified classes of service. ɉ Average unit costs (cost-based rates) for the development of the proposed rates. TASK 5 MEETINGS: A two-hour virtual meeting to discuss the draft cost-of-service analysis. Task 6. Rate Design Analysis HDR will review the CityÓs current rate structure and compare to generally accepted and industry standard approaches and to the CityÓs water rate design goals and objectives, HDR will develop up to two rate structure alternatives for the CityÓs review and consideration. This includes alternatives levels of fixed (monthly meter charges) and variable (consumption April 29, 2024 | 6 City of Ashland | Water Rate Study HDR Proposal charges), and evaluating the current tier sizes, for each customer class of service. The City is also interested in evaluating pump zone charges for pumping water up to higher pressure zones. HDR will collaborate with the City to determine an approach for evaluating pump zone charge. For each alternative rate design developed, a bill comparison and graph will be provided that shows a comparison between the present bill and the proposed bill at various levels of usage. Bill comparisons are useful in assessing the potential impacts to a wide variety of customers. EXPECTED CITY STAFF SUPPORT FOR TASK 6: Discussion of the CityÓs rates design goals and objectives Review of the draft rate structure alternatives Participate in two one-hour virtual project meetings to review the alternative rate structures TASK 6 DELIVERABLES: Up to two (2) alternative rate structures for each class of service. Bill comparisons for each alternative rate structure. TASK 6 MEETINGS: Up to two, one-hour virtual meetings to review the rate structure alternatives Task 7. Water Rate Study Report Upon completion of the technical analysis, HDR will develop a draft water rate study report. The report is intended to be comprehensive in nature and document the activities undertaken as a part of the Study, along with the findings, conclusions, and recommendations. The report will have appendices with the technical analyses undertaken. HDR will provide an electronic copy (e.g., word, PDF) of the draft report to the City for its review and comment. Agreed upon comments, suggestions, or corrections from the City concerning the draft report will be incorporated into the final report. A final electronic version (PDF and Word) of the report will be provided to the City. EXPECTED CITY STAFF SUPPORT FOR TASK 7: Review the draft written report Participate in a one-hour virtual meeting to discuss the draft report TASK 7 DELIVERABLES: Draft and Final Water Rate Study Report (electronic) TASK 7 MEETINGS: A one-hour virtual meeting to discuss the draft report April 29, 2024 | 7 City of Ashland | Water Rate Study HDR Proposal Task 8. Public Presentations To effectively communicate the results of the Study, HDR recommends two public meetings. This includes a presentation on the results of the Study, and the public hearing to establish the final water rates. HDR will prepare handouts and Josiah Close, HDRÓs project manager, will be conduct the presentations. Should additional public meetings or presentations be required, they will be provided on a time and material basis. EXPECTED CITY STAFF SUPPORT FOR TASK 8: Review and comment on the proposed presentation material TASK 8 DELIVERABLES: Develop Study-related presentation materials for up to two (2) public presentations by the HDR Project Manager Task 9. Rate Model At the completion of the Study, HDR will provide the City with the final rate model. The rate model will be developed in Microsoft Excel and based on the CityÓs specific accounts, budget structure, and customer and system characteristics. This proposal does not include the development of a user manual or user training. EXPECTED CITY STAFF SUPPORT FOR TASK 9: None TASK 9 DELIVERABLES: Electronic delivery of the final water rate model (Excel) Task 10. Customer Assistance Program In discussion with the City, it was conveyed to HDR that the current customer assistance program is in need of being updated. As part of this task, HDR will work with the City to identify the desired changes related to the eligibility and level of assistance provided base on the available data. HDR will hold up to two virtual meetings to work through the development of the revised customer assistance program. HDR will document the process, goals, and objectives as well as the direction from the City Council as part of the draft and final water rate study report. The water rate study model will calculate the discounted rate(s) based on the final direction, eligibility requirements, and approach selected. EXPECTED CITY STAFF SUPPORT FOR TASK 10: Provide input and direction for updating the program Participate in up to two (2), one-hour virtual meetings to discuss the customer assistance program TASK 10 DELIVERABLES: Updated customer assistance program with discussion in the draft and final reports April 29, 2024 | 8 City of Ashland | Water Rate Study HDR Proposal This concludes HDRÓs discussion of the proposed Scope of Services for the CityÓs water rate Study. Additional out-of-scope work requested by the City can be provided on a time-and- material basis and will only be provided with the written authorization of the City. Proposed Project Team The following individuals will provide the services being requested by City: Josiah Close | Project Manager Josiah will lead development of the CityÓs Study. Josiah has more than 10 years of financial planning experience and has recently been the project manager for the rate studies for the City of Talent, City of North Plains, Lane County, and the Rockwood Water Peoples Utility District (Portland, OR). Josiah has also assisted in development of the Medford Water rate studies in prior years. Shawn Koorn | QA/QC Shawn, an Associate Vice President at HDR, will provide Study QA/QC. In this role, Shawn will review the technical analyses and information provided to the City as part of the Study. Shawn has more than 24 years of utility rate setting experience and has been the project manager for studies across the United States. Sara Anderson | Financial Analyst Sara will develop the technical analysis for the CityÓs Study. Sara most recently assisted in the development of the rate models for the City of Talent (OR), City of Stockton (CA), City of South Salt Lake (UT), and others. Nathan Fastenau | Engineering Assistance Nathan will provide engineering assistance in the development of the Study. Nathan has handled various roles on water and civil site projects, including technical writing, drafting, cost estimating, and assisting in project design. Proposed Project Time Schedule In discussion with City staff, the project will be completed towards the end of 2024 (i.e., December 2024) to allow for the presentation of the Study in early 2025 for budget preparation and City rate implementation. As a point of reference, a Study of this nature generally takes six to eight months to complete. HDR will develop a final project time schedule in coordination with the City. HDR will begin the Study as soon as notice to proceed is given by the City and a professional services agreement is executed. April 29, 2024 | 9 City of Ashland | Water Rate Study HDR Proposal Hourly Rates and Fee Estimate Rate Schedule Our proposed hourly rate schedule by job classification is provided below. This hourly rate schedule will be in effect through December 2024. Annually hourly rates are updated by HDR in January and HDR will work with the City to update the hourly rates for the staff working on the CityÓs project. These rates will apply for performance of the requested scope of work, and additional out-of-scope work as agreed to in writing. HDR Hourly Rate Schedule - May 2024 through December 2024 Project Manager $198/Hour QA/QC$326/Hour Principal $288/Hour Financial Analyst $132/Hour Engineering Assistance $158/Hour Admin/Clerical $120/Hour Rates are subject to change after December 31, 2024. The billing rates shown cover payroll cost, employee benefits, and HDR overhead and profit. Expenses: In-House Expenses Vehicle Mileage (per mile) Current Federal Travel Regulation (FTR) Black/White Photocopies (per copy) $0.05 to $0.09 Color Copy (per copy) $0.15 to $0.30 No markup on expenses. Other direct expenses (e.g., airfare, rental car) are billed at cost. Fee Estimate The project fees are a function of the hourly billing rates for the employees to be used for CityÓs water rate study, and the amount of time required to complete each task. HDRÓs estimated project fees for the Study follows: April 29, 2024 | 10 City of Ashland | Water Rate Study HDR Proposal Fee Estimate City of Ashland Water Rate Study Task Description Total Labor: $5,539 Task 1: Project Management 1,200 Task 2: Data Collection and Review 933 Task 3: Initial Kick-Off Meeting Task 4: Revenue Requirement Analysis8,282 Task 5: Cost-of-service Analysis 9,526 Task 6: Rate Design Analysis 5,325 Task 7: Written Documentation 4,250 Task 8: Public Presentations 5,583 Task 9: Rate Model 1,063 Task 10: Customer Assistance Program 4,525 $46,226 Total Labor $3,588 Expenses: $49,814 Grant Total with Expenses: HDR estimates a total fee of $49,814 for the CityÓs water rate study. During the course of the Study, HDR will keep the City informed of the progress of the Study with respect to schedule and project budget. April 29, 2024 | 11