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2021-195 PO 20210248- Galardi Consulting LLC
• • T E Purchase Order Firtm f RECORDER 1140 Fiscal Year 2021 Page: 1 of: 1 B City of Ashland ATTN:Accounts Payable • Purchase 20 E. Main 20210248 Ashland,OR 97520 • Order# T Phone:541/552-2010 O Email:payable@ashland.or.us V H C/O Public Works Department - / EGALARDI CONSULTING, LLC I 51 Winburn Way N 7327-SW BARNES RD#224 P Ashland,OR 97520 O PORTLAND, OR 97225 Phone:541/488-5347 R • T Fax: 541/488-6006 I91-r-Ek's Et sl I 1 s -PUT.-_l wrt 1._ � -R. Scott Fleury 7) t15) - _- e 01/15/2021 1650 • FOB ASHLAND OR/NET30 . City Accounts Payable ®� I�,r — - �i fyyxl'i21io l=i�3 C. m __ _ k t6i vi n �I�t 4( i 7El=iau41_. Updating SDC Methodology, 1 Assistance in updating the City's water and storm drain system 1.0 $49,660.00 $49,660.00 development charges(SDC)methodology. - Personal Services Agreement(Greater than$25,000.00) Completion date: December 31,2021 Project Account: Project Account: ***************GL SUMMARY*************** 083800-604100 • $37,245.00 086700-604100 $12,415.00 By: Date: uthorized Signature Lao�� ��t�� ._ 49 660.00 • • • FORM#3 CITY OF A rcar�ttr;:�t for a Purchad- Order ® � p2-446ASHLAND IR[E UIISIITHON Dale of request: 0110012021 Required date for delivery: Vendor Name Galardi Rothstein Group Address,City,State,ZIP 7327 SW Barnes Rd.41111224 Portland,OR 97226: Contact Name&Telephone Number Deborah Galardi 603-236-0002 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑. Emerpencv ' ❑ Reason for exemption: 0 Invitation to Bid 0 Form 1113,Written findings and Authorization ❑ AMC 2.60 Date approved by Council: El Written quote or proposal attached ❑ Written quote or proposal attached _(Attach copy of council communication) (if council approval required,attach copy of CC) Li Small Procurement Jtoauest for Proposal Cooperative Procurement J4ot oxceedinu$5,000 Date approved by Council:01/05/2021 0 Slate of Oregon ❑ Direct Award a(Attach copy of coundl communication) Contract ll, ❑VerbalMlrilten bids)or proposal(s) ❑ Jtouuest for Qualifications(Public Works) ❑ Slate of Washington Dale approved by Council: Contract 11 _(Attach copy of council communication) ❑ Other government agency contract • Jntemredlale Procurement ❑ Sole Source Agency GOODS&SERVICES 0 Applicable Form(116,6,7 or 8) Contract It Greater than$5.000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitatton attached ❑ Form 114,Personal Services$51(to$761( Agency PERSONAL SERVICES ❑ Special Procurement 0 Annual cost to City,does not exceed$26,000. Greater than$5.000 and less than$75.000 ❑ Form 119,Request for Approval Agreement approved by Legal and approvedisigned 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 Dale approved by Council: ❑ Annual cost to City exceeds$25,000,Council ❑ Form114,Personal Services$51(to$76K Valid unlit:_ _ (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost. Assistance In updating the City's water and storm drain system development charges(SDC) methodology $ 49;660100 • • Item d1 Quantity Unit Description of MATERIALS Unit Price Total Cost • • ▪ Per attached quotelproposal TOTALtOST Project Number • _ Account NumberD '3I DO.l0Q'1 I O 31( J' ' - i Account Number Ogk 100_ ___ Account Number �i D�[��' y 15 • 'Expenditure must he charged to the appropriate account numbers for the financials to accurately relied the actual expenditures. IT Director In collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing thisrr�equisition form,,I veililylbat the City's Olio contracting requirements have been added Employee:061AZ L A'V�i e" �Ai Department Head:-41116117 (3,koa• nflpe0 - - 'to orgreatorthan$5,000) Department Manager/Supervisor: City Administrate: (Equa orgreater than$25,000) Funds appropriated for current fiscal year:ijYES/NO Z„. „ - ie ',rector-'Equal toorgreatorth $,05" 0)ale Comments. • Form 113-Requisition PERSONAL SERVICES AGREEMENT (GREATER THAN $25,000.00) CONSULTANT: Galardi Rothstein Group • CITY O F CONSULTANT'S CONTACT: Deborah Galardi ASHLAND 20 East Main Street ADDRESS: 7327 SW Barnes Rd UNIT 224, Ashland,Oregon 97520 Portland, OR 97225 • Telephone: 541/488-5587 Fax: 541/488-6006 TELEPHONE: (503)236-0002 • This Personal Services Agreement (hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Galardi Rothstein Group, an assumed business name of Galardi Consulting, LLC, a domestic limited liability company ("hereinafter "Consultant"), for assistance in updating the City's water and storm drain System Development Charges (SDC)methodologies. • 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 December 31;2021. 2. Scope of Work: Consultant will assist in reviewing and updating the City's water and storm drain System Development Charges(SDC)methodologies as more fully set forth in the Consultant's Scope of Services dated December 7,2020,which is attached hereto as "Exhibit D" and incorporated herein by this reference. Consultant's services are collectively referred to in this Agreement 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. • Page I of 7: Personal Services Agreement between the City of Ashland and Galardi Rothstein Group { • � 1 5. Qualified Work: Consultant has represented, and by entering into this Agreement,now represents,that all personnel assigned to perform any of the Work•under this Agreement are fully qualified to perform the services and Work 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 and bonded. 6. Compensation: City shall pay Provider for its Work at the hourly billing rates as set forth in "Exhibit D,"which is attached hereto and incorporated herein by this reference,as full compensation for Provider'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$49,660.00•(forty-nine thousand six hundred,andsixty 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 30 days of the date,of receipt by the City of Consultant's invoice. Should this Agreement be terminated priorto 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 documentsproduced in furtherance of this Agreement belong to the City,and any copyright,patent,trademark propr=ietary;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 27913:220,279B 230 and 27913235. 9. Living Wage Requirements If the amount of this Agreement is$22,002.43 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.chaptei,<to all employees performing Work under this Agreement and to any Subcontractor who performs 50%or more of•the Woik.undei this Agreement. Consultant is also required to post the notice attached hereto as"Exhibit 13"predominantly in areas where it-will:be seen byall 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 damagesresultingfrom injury to any peison(including injury resulting in death),or damage(including loss or destruction)to property,of whatsoever nature arising out of oi incident to the performance of this Agreement by:Consultant(including but not limited to,Consultant's employees,agents,and others:designated by.Consultant to perforin 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 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 anytime upon not less than thirty(30)days' prior written notice delivered by certified mail or in person to Page 2 of 7: Personal Services Agreement between the City of Ashland and Galardi Rothstein Group • Consultant. 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; H. 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 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. Page 3 of 7: Personal Services Agreement between the City of Ashland and Galardi Rothstein Group • i h 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 einployer:that.will,.comply with..ORS.656 017,.., 13. Assignment: Consultant shall not assign this Agreement or:subcontract:any portion of the Work i. without the written consent of City.,My 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:pe.sons,employed by:thein,and the approval by City of any assignment oraubcontraet.ofthe Woik shall not.create:any contractnatrelation between the assignee or subcontractor and.;City.;:.: ._ 14. Default. The Consultant shall be in:default of this Agreement if Consultant commits any material`bleach of default,of anycovenant,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;of 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 then subject workers b. Professional Liability insurance with a combined single.limit,of 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 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.orchange.::There shall beano 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 tkf Page 4 of 7: Personal Services Agreement between the City of Ashland and Galardi Rothstein Group 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; (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;or by mailing using registered.or certified United States mail, return receipt requested,postage prepaid,to the address(es)set forth below: If to the City: City of Ashland-Public Works Department Attn: Scott Fleury,Public Works Director 20 East Main Street Ashland, Oregon 97520 Page 5 of 7: Personal Services Agreement between the City of Ashland and Galardi Rothstein Group With a copy to: City of Ashland—Legal Department 20 East Main Street Ashland,Oregon 97520 • If to Consultant: Deborah Galardi 7327:SW Barnes Road,#224 Portland, Oregon 97225. 19. Governing Law. This Agreement shall be governed by the lawsof the State of Oregon without regard to conflict of laws j iriciples.` 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 tbis.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. Nonappropt�iations 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 n aloehY a ments;under.flus .:, 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,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. Page 6 of 7: Personal Services Agreement between the City of Ashland and Galardi Rothstein Group • • 23. Certification. Consultant shall sign the certification attached hereto as"Exhibit Cff 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: GALARDI ROTHSTEIN GROUP(CONSULTANT): By: By: Jebotak Galardi Adam Hanks,Interim City Administrator Signature . 7////a7 Deborah Galardi Date : Printed Name • Member Title January 5;2020 Date �' �02/©027QD4 Purchase Order No. (W-9 is to be submitted with this signed Agreement) • • APPROVED AS TO FORM: Assistant City Attorney Date Page 7 of 7: Personal Services Agreement between the City of Ashland and Galardi Rothstein Group • • EXHIBIT B' ' CITY OF ASHLAND; OREGO.N ' City 'of ,,ii.,shland LIVING . ALL employers described WAG ei below must comply with City of Ashland laws regulating pa ment of a livin, wa e. ii $115.39 per hour, effective June 30, 2020. If Plik ' The Living Wage is adjusted annually every /r June 30 by theConsumer Price Index. 1 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 $22,002.43. part-time employees,the Ashland if the contract Living Wage does not apply exceeds$22,002.43 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 D 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 'ASH LAIC .10) Page 1 or 1 EXHIBIT 13 • • EXHIBIT C • CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through its authorized representative,under penalty of per jury, 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,noir ally expected by like- professionals, 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 ofperformance bonds, warranties, errors and omission(professional liability) insurance or liability insurance relating to the Work or services to be provided. 3ebotah Galardi Consultant's signature January 6, 2020 • Date • Page 1 of 1 EXHIBIT C I I Exhibit D Water and Storm Drain SDC Update 1 • Scope 'of Services - Galardi Rothstein • Group -02,7.2N. Overview • ' • The City of Ashland(City)is in the final stages of completing a Storm Drain Master Plan and recently completed an updated Water Master Plan(RH2,Summer 2024 The City • would like.to review the existing water and storm drain SDC Methodologies and ordinance ' in the context of the updated system planning information and calculate devised SDCs that' align with the City's current infrastructure funding objectives and Oregon SDC statutes.As . in the prior SDC updates,the City plans to engage a SDC Advisory Committee in the process of updating the and storm drain SDCs to help evaluate Methodological and • policy issues. Task 1;Project Initiation i "Management Project initiation Will include preliminary data collection and review and a kickoff meeting between members of, the Consultant Team and City staff. The purpose of the meeting will be to confirm the City's objectives related to the SDC update,review elements of the existing SDC methodologies and identify specific issues to be addressed during the current update: During this initial phase,we will,also work with City staff to develop a strategy for . • engaging the SDC Advisory Committee,We will work together.to understand the desired • outcomes of the committee,p ocess,decision-making structure,:par ticipation•role of .•. committee members,and any political sensitivities or issues that need to be addressed to . . successfully move the gioup towards final recommendations. ' . Prior to the initiation meeting we will prepare a data request list and we will review the City's existing SDC methodology and ordinance,as well as financial information including . . fixed asset records,capital funding sources,and adMinistration'costs: • • . Project management activities include project set-up,budget and schedule monitoring,and invoicing. i . Task 2:.Develop,Cost&Capacity Bases . Task 2.1-Capacity Framework., . . . To be defensible,SDCs must recover costs front new development in proportion to projected capacity requirements. An understanding of systems planning criteria is critical to the evaluation ofcapacity needs and the equitable allocation Of existing facility . (reirnburseinent)and improvenierit project costs. As.part of this.task,we will: O Review the initial capital improvement plan(CIP)cost allocations and supporting information developed as part of the master,plans. : . 1 . • Exhibit D Water and Storm Drain SDC Update G Work with City staff to determine the final capacity analysis framework for each system based on system-specific design and planning factors and any planned system operational changes. • The capacity framework will provide a basis for evaluating existing facility available capacity and for determining what portion of CIP costs are improvement-SDC eligible based on the type of facility and nature of the improvement(e.g.,new facility expansion vs. system performance upgrades or replacements.) Task 2.2—Cost Basis In most systems,a combination of existing available capacity and future capacity expansion is required to serve the projected needs of new development. Therefore,the cost bases will likely include a combination of existing assets(the'reimbursement'cost basis),as well as future improvements(the'improvement'cost basis). In evaluating facilities for inclusion in the reimbursement fee,we will consider factors, including available capacity,replacement by future capital improvements,and historical funding sources. In addition,alternatives exist for how existing assets may be valued for purposes of calculating SDCs,and the selection of valuation method can have a significant impact on resulting SDC levels. We will consider the methods used in the City's prior SDC updates and review options with the City. The cost basis for the improvements will be based on the master plan recommended CIPS. Based on the capacity analysis in Task 1,we will work with the City to develop defensible bases for allocating the improvement costs between current and new system users. As with • the reimbursement cost basis,we will consider whether any adjustments are warranted to account for anticipated future funding sources(e.g.,developer contributions). • Finally,Oregon SDC law allows local jurisdictions to recover costs associated with • complying with the SDC statutes. We will work with City staff to develop updated cost estimates associated with SDC law compliance. Task 3: Develop Unit Costs and SDC Schedules Task 3.1 Unit Costs The reimbursement and improvement costs attributable to growth will be divided by the total projected growth units to determine system-wide unit costs of capacity. Growth units may be measured by projected water demand,equivalent dwelling units,impervious area, or other methods. We will review information from the system plans and work with the City to select the bases and assumptions for each system. Task 3.2 Nonresidential SDC Structure • Once the unit costs of capacity have been calculated,the fees for different types and sizes of development can lie determined based on projected claims on system capacity.The selection of units of measure for new customer demand projections is particularly important because of its significant impact on cost distribution. For nonresidential development,SDCs are currently scaled based on water meter size (water)and impervious area(storm drain). We will review•the current practices with the 2 • • Exhibit D • Water and Storm Draln SDC Update SDC Advisory Committee in the context of the current state ofthe industry and any specific areas of concern of City staff. Task 3.3 Residential SDC Structure- The City has a long-standing.policy of assessing SDCs to reidendal development based on heated living area(in the case of water and wastewater)and site impervious area(in the case of stormwater)to recognize the system impact of larger living units. Using historical 1 data from the City's billing and GIS systems,the Consultant Team will evaluate the relationship between water use-both summer and winter average-andresidential house size(based on living area) Understanding this relationship will.provide a.basis Tor evaluating the equity of the current SDC shutu cre relative to other,options including tiered or linear-log regression structures We will also evaluate the relationship between water use and lot size as an alternative basis for water SDC assessment. The technical analysis will be presented to the SDC Advisory Committee. The evaluation of options will consider both the tecluucal'equity anddefensibilityi and administrative considerations. Assumptions • • City staff will provide account-level information on monthly water use(2-3 yeas),living area;and lot size fona.statistically,signif cant sample ofcustoineas.oi Jo, theentue:,single- fanily residerrtialcustonrer base. The Consult li t Team will,he available far consultation regarding data development and sample size(if needed). s. o The Consultant Team will prepare regression analyses for the following o Sutnnwi water use mrd living area o SUiiiiite ivater use and lof'sJze ` • • • o Whiter water use and living area* *Nate:While the deneloprilerlt'of wastewater SDCs is outside this scope of work.the technical. analysis conducted by the Consultant Team as part of this scope of Work will include analysis of the i I • relationship between:winter average water use(an estimator of wastewater flow)and living area to inform the City's wastewater SDC development,to ensure consistency in methods and data across I I systems. Task 4 Methodology Report The updated SDC methodologies,project lists and SDC schedules will be documented in a methodology report. The report will describe the methodological-and policy frameworks acid system specific assumptions,and it will;plesent the'fee calculations: Dxaft anti final repoi is will be prepared.:••. • Task-S: Code.Review • Itis common practice to struchue SDCs un such a way that furthers a 1ocal juusdiction`s, broader objectives related to housing affordability,economic development,and other policies. SDC programs may include focused incentives for certain housing types'(e.g., • • affordable housing,and'actesso y dwelling units)or targeted'locations. We will review • current SDC policies and administration practices(e.g.inflationary update)reflected in the I City's SDC code. We will recommend any modifications to code language and provisions to • 3 1 • • Exhibit D Water and Storm Drain SDC Update reflect the updated policy and technical framework recommended by the SDC Advisory Committee. Task 6: Meetings • • In addition to the kick-off meeting included in Task 1,we have assumed the following meetings for budget purposes: • o Three(3)virtual meetings with City staff to discuss the technical analysis and develop recommendations. o Two(2)in-person meetings with City Council(work session and public hearing). o Four(4)additional virtual meetings to cover potential SDC Advisory Conunittee or other meetings. Other Assumptions: o The Consultant Team will prepare agendas and presentation material and take the lead in presentation of study material. The City will take the lead in Meeting set-up,invitations and public?notifications,and meeting recordings and production of minutes(with review and support by the Consultant Team). o Beyond the designated meetings above,the Consultant Team will participate in periodic conference calls or virtual meetings with City staff to discuss data and approaches. Proposed Budget The estimated'not to-exceed'cost estimate is presented below.. Expenses are limited to mileage charged at the federal reimbursement rate. The total not-to-exceed budget for this project is$49,660. Costs will be billed on a time and materials basis. City of Ashland Water&Stormwater SDC Study Proposed Budget Labor Labor Project Task Galardi Natanson Currans Cost Expenses Total • Project Initiation&Management 34 4 2 $7,620 $0 $7,620 Cost and Capacity Basis 40 18 0 $10,680 $0 $10,680 Unit Costs.&SDC Schedules 28 16 21 $11,700 $0 $11,700 Methodology Report 14 12 7 $5,880 $0 $5,880 Code Review 8 0 0 $1,600 $0 $1,600 Meetings 50 3 4 $10,930 $1,250 $12,180 •Optional Statistical Analysis 0 0 0 $0 $0 $0 Total 174 63 34 $48,410 $1,260 $49,660 Billing Rates $195 $160 $175 4 12/15/2020 Business Registry Business Name Search i Business Registry Business Name Search 12-15-2020 1 New Search Business Entity Data 18.43 . ..`r Entity Entity Next Renewal Renewal Nbr Jurisdiction Registry Date Type Status Date Due? 723462-90 ABN ACT 10-25-2010 10-25 2022 Entity Name GALARDI ROTHSTEIN GROUP Foreign Name) Registryo Affidavit? N New Search Associated. Names Type PPB PRINCIPAL PLACE OF BUSINESS. , . Addr 1 10559 NW TUDOR LANE Addr 2 CSZ PORTLAND OR 97229 I Country UNITED STATES OF AMERICA The Authorized Representative address is the mailing address for this business. AUTHORIZED 10-25- Type REP Start Date Resign Date REPRESENTATIVE 2010 Name 'DEBORAH GALARDI Addr 1 10559 NW TUDOR LANE I Addr2 CSZ PORTLAND OR 97229 ^ J Country!UNITED STATES OF AMERICA Type REG REGISTRANT Of 306297- ' Record 94 GALARDI CONSULTING,LLC — Addr 1 10559 NW TUDOR LN Addr 2 CSZ PORTLAND OR : 97229 Country UNITED STATES OF AMERICA New Search Name History Business Entity Name Name Name Start Date End Date • Type Status _ G:ALARDI ROTHSTEIN GROUP EN CUR 10-25-2010 egovsos.alate.or.uslbr/pkg web name_srch_Ingshow detl?p_be rsn=1483248&p srce=BR_INQ&pprinl=TRUE. 1/2 ! i 12/15/2020 Business Registry Business Name Search Please read before ordering Copies. New Search • Summary History Image Transaction Effective Name/Agent Available Action Date , Date Status Change Dissolved By RENEWAL PAYMENT 10-16-2020 SYS RENEWAL OF 11-17-2018 FI REGISTRATION RENEWAL PAYMENT 11-07-2016 SYS RENEWAL PAYMENT 09-17-2014 SYS RENEWAL PAYMENT 09-17-2012 SYS APPLICATION FOR 10-25-2010 FI Representative REGISTRATION New Search I Counties Counties Filed All Counties Filed. • ©2020 Oregon Secretary of State. All Rights Reserved. • egov.sos.slate.or.us/br/pkg_web_name_srch_Inq.show detl?p_be_rsn=1483248&p_srce=BR INQ&p_prInt=TRUE 2/2 12/16/2020 Business Registry Business Name Search OREGON SECRETARY OF STATE• ti .k HUM fi Corpo� a hoi'p 01'' n rt31 z„ sit 1111 5�}( tY"- k'" 2 us s a Qa ilii .a tIte' g� `lilt` ' ;r In ?is . s s a, or, ,...pusiness,,ul[le Y►, k-.:-" a i..4A e'liii_ tint` ,buslntssi'e oolyilf. ": .0610 Fees lro ar ? t4bljc r` rfi(Qrr�a cn lr[ierGialrcratle ''. uniform atntnereiai'>�4 ie stSaroi 4.aau i i i data seryl es,`I Business Name Search 12-15-2020 New Search Printer Friendly Business Entity Data 18:44 ., . Entity Entity .: Fkie)a 6 eu eanr�ai I eneutr�ai Registry HRH • , :jurisdiction G�o�7ist y Date T _pe : Status Create.• Crier 306297 .94 DLLC ACT OREGON ' 0S731,-.2005 08-31-2021 (ori ty 6 a'te..(GALARDI CONSULTING;LLC• '" . New Search: Pr inter Fr lendly Associated Names PRINCIPAL PLACE`OF Type PJB BUSINESS. ...;,,.;: Addy a 10559,NW TUDOR;LI1.... . .Acldlr CSz _(P,ORTLAND'. '1013;:'.'497-2.29 1 I Country (UNITED`STATES OF AMERICA Please click her e for general.information about registered agents and sere of process.. ; I Type REGISTERED AGENT I Start Date08-31- ;ReSaa n Date _i:— 2005 waffle tl et fig a EBORAH. GALARIDI . ddr i 1055934W TUDORLN Addy' 2 ccSz (PORTLAND: [OR'`` 07229 I .. 1Ceuntry (UNITED;STATES OF AMERICA . Type IMALIMAILING ADDRESS dcir a 7327 SW BARNES RD#224 Addr 2 CS2 PORTLAND OR ',97225 ( 1 County [UNITED STATES OF AMERICA ......_. .... Type ..[MEM MEMBER .1 _ Resign Date Haruae DEBORAH .,:.::...'.1.,1 (GALARDI I l Addy 2 10559 NW TUDOR LANE Addr 2 • CSZ PORTLAND (OR .(97229 . . .I ( Caaarvi ry UNITED STATES OF AMERICA . I egov.sos.state.or.uslbr/pkg web name srch_inq.ahow_detl?p be rsn=1124202&p_srce=BR INQ&p print=FALSE 1/3 • A�R CERTIFICATE OF LIABILITY INSURANCE . DATE(MMIDD""YY) 12/28/2020 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(les)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 Keelson Partners NAME: . Keelson Partners PHONE Ext): 226-1422 AAC,No): (503)226-2488 707 SW Washington,Suite 625 E-MAIL service@keelson.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Portland • OR 97205-3536INSORERA: ACE Property&Casualty Insurance Co. 20699 INSURED INSURER B: SAIF Corporation 36196 Galardi Consulting,LLC • INSURER c: Federal Insurance Company 20281 DBA:Galardi Rothstein Group INSURER D: 7327 SW Barnes Rd#224 INSURER E: Portland OR 97225 INSURER F: COVERAGES CERTIFICATE NUMBER: 2020 GLAUWCPL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POOL SUER POLICY EFF POLICY EXP INSD WVD POLICY NUMBER (MMIODIYYYY) (MMIDD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED 1,000,000 CLAIMS-MADE OCCUR PREMISES(Ea occurrence) S _ MED EXP(Any one person) $ 5,000 A Y D95489837 07/01/2020 07/01/2021 _PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE $ 4,000,000 POLICY r(28,-- LOC 4,000,000 ` ICPRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident)_ ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y D95489837 07/01/2020 07/01/2021 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS • X AUTHIRED OSONLY X NONAUTO-OS ONLWNEDY PROPERTY DAMAGE (Per accident) $ _ S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ _ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION S $ WORKERS COMPENSATION X•STAT UTE ETH AND EMPLOYERS'LIABILITY YIN BANY PROPRIETOR/PARTNER/EXECUTIVE NIA 903099 07/01/2020 07/01/2021 EL.EACHACCIDEiJT S 500,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $'500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ C Professional Liability 82609219 07/01/2020 07/01/2021 Each Claim $2,000,000 Polley Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached I(more space Is required) City of Ashland and Its elected officials,officers,agents and employees are added as an Additional Insured as their interests may appear subject to policy terms,conditions,&exclusions perform BOP47635A 0716. The Insurance coverage Is primary and non-contributory. CERTIFICATE HOLDER 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. 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 goiH,aGer.i re, . I • ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD • BUSINESSOWNERS LIABILITY ENHANCEMENTS ENDORSEMENT Named Insured Endorsement Number GALARDI CONSULTING,LLC BOP47035a0716 . Policy Symbol Policy Number Policy Period Effective Date of Endorsement SER . D95489837 07,01-2020 to 07-01-2021 07-01-2020 Issued By(Name of insUrance Company) ACE Property And Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the f011oVvingt . • „ „ . BUSINESSOWNERS'COVERAGE FORM • TABLE OF CONTENTS • • Page Supplementary Payments—Bail Bonds And Bonds To Appeal Judgments No SUbliMit '2 Medical Expenses—Three Years To Report Expenses .2 Non-Owned Watercraft Under 55 Feet 2 Non-Owned Aircraft 2 Damage To Property—Exception For Egiliprnerit LOatied'Ot'kented To Insured . 2 Who Is An Insured—Subsidiaries Or Newly Acquired Or Formed Organizations Who IS Ari IfiSured—Employees(Indluding For.CPR and First Aid)And Volunteer Workers 3 AdditionalInsured—,Letspr.Of LeasedEguiPrnent . 4 . . Additional ltikited—Managers Or Lessors Of Premises : 4 Additional InStired-Vendors 5 Additional Insured—Other Persons Or Organizations Pursuant To Contract Or Agreement • ..6 Damage TO Premises Rented To You—$1;000,000 7 Pet'LoCatiOnieeneral•Aggregate.Limit With Combined Total Aggregate Limit . : , 8 KnoWledgelNetiCe,Of.00currenae , , . „ • • :„. 9 • Bodily Injury Including Resulting Mental Anguish 9 Coverage Territory, Limited Worldwide 10 Personal:Injury, Including Discrimination, Harassment And Segregation • 10 Unintentional Failure To Disclose Hazards 10 Other Insurance, Including Primary Provision Waiver Of Subrogation Required By Contract 11 • This endorSerriefit modifies the toverages‘proVided.underthe Businessowners•Coverage-Form. Notwithstanding anything to the contrary, the provisions of the Businessowners Coverage Form apply, except as provided it this efidOrserfiefit.The titles of the various paragraphs of this endorsement are inserted solely for convenience'Or reference and are not to be'deerned in any way to limit Or affectthe proVisionslo Which they relate. A. SUPPLEMENTARY PAYMENTS—BAIL BONDS AND BONDS TO APPEAL JUDGMENTS NO SUBLIMIT In Section Il-Liability, Paragraph A.Coverages, 1.f.Coverage Extension—Supplementary Payments,tubparagraphs(1)(b)and (c)are related by the following: (b) The cost of bail bond's, but otilY for bond amounts within,the available limit of insurance.We do not have to furnish these bonds. • • BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 1 of 11 • (c) The cost of bonds to appeal judgments or release attachments, but only for amounts within the available limit of insurance,We do not have to furnish these bonds. B. MEDICAL EXPENSES—THREE YEARS TO REPORT EXPENSES In Section II—Liability, Paragraph A.Coverages,2.Medical Expenses, subparagraph a.(b) is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the.accident; and C. NON-OWNED WATERCRAFT UNDER 55 FEET In Section II-Liability, Paragraph B.Exclusions,subparagraph (2)of Exclusion 1.g.Aircraft,Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 55 feet long;and (b) Not being used to carry persons or property for a charge; D. NON-OWNED AIRCRAFT In Section II-Liability, Paragraph B.Exclusions,the following exception is added to Exclusion 1.g. Aircraft,Auto or Watercraft in Section II—Liability: This exclusion does not apply to an aircraft you do not own provided: 1. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. It is rented with a trained, paid crew;and 3. It does not transport persons or cargo for a charge. E. DAMAGE TO PROPERTY-EXCEPTION FOR EQUIPMENT LOANED OR RENTED TO THE INSURED In Section II-Liability, Paragraph B.Exclusions,the following exception is added to Exclusion 1.k. Damage To Property: Paragraphs(3)and(4)of this exclusion do not apply to"property damage"to equipment rented or loaned to the insured, provided such equipment is not being used to perform any operations at a construction job site. F. WHO IS AN INSURED-SUBSIDIARIES OR NEWLY ACQUIRED OR FORMED ORGANIZATIONS In Section I1-Liability, Paragraph C.Who is an Insured is amended to include the following: If there is no other insurance available, each of the following is also a Named Insured: BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 2 of 11 1. A subsidiary organization of the first Named Insured shown in the.Declarations of which,at the beginning of the policy period and at the time of loss,the first Named Insured controls, either directly or indirectly, more;than 50 percent ofthe interests entitled to vote,generally in theelection of the governing body of suchorganization;or 2. A subsidiary organization of the first Named,Insured shown in the Declarations that the first Named Insured acquires or forms during the policy period,if at the time of loss the first Named Insured controls,either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization. G. WHO IS AN INSURED-EMPLOYEES(INCLUDING CPR AND FIRST AID)AND VOLUNTEER WORKERS In Section II Liability:, Paragraph C.Who is an Insured,Paragraph 2.a.is replaced by the following: 2. Each of the following is also an insured: a. Your"employees"but onlyfor acts within the scope of their employment by you.or while performing duties related to the conduct of your business. However, no"employee"is an insured for: •,(1)'Bodily;injury".or:'personal.:and advertising injury": . (a) To you,to any.of your directors,managers, members,"executive officers",or partners (whether or not an"employee")or to any co-"employee"while such injured person is either in the course of his or her employment or while performing duties related to the conduct of your business; (b) To the brother, child, parent,sister or spouse:of such injured:.person as a,consequence of any injury described in Paragraph(a)above; or (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of any injury described in Paragraph (a)or(b)above. With respect to"bodily injury"only,the limitations described in Paragraph 2.A.0)above do not apply to you or to your directors, managers, members, "executive officers", partners or supervisors as insureds.The limitations also do not;apply to your"employees"as insureds, with respect to such damages caused by cardiopulmonary resuscitation or first aid services administered by such an"employee". (2) "Property damage'..to any property owned,occupied or used by you or.by any:,of your directors, managers, members,"executive officers"orpartners(whether or.not an employee)or by any of your "employees".This limitation does hot apply to"property damage"to premises while rented to you or temporarily occupied by you with the permission of the owner. b: Your"volunteerworkers", but only while acting within the scopeof:their activities for you and at your direction. H. ADDITIONAL INSUREDS In Section II-Liability, Paragraph C.Who is an Insured,the following is added: 2. Each of the following is also an insured: BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 3 of 11 LESSOR OF LEASED EQUIPMENT e. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury","property damage"or"personal and advertising injury"caused, in whole or in part, by • your maintenance, operation or use of equipment leased to you by such person or organization and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy. However, the insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; and (2)Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. MANAGERS OR LESSORS OF PREMISES f. Any person or organization from whom you lease premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy. However,the insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; and (2)Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any"occurrence"that takes place after you cease to be a tenant in such premises. (2)Structural alterations, new construction or demolition operations performed by or for such additional insureds. VENDORS g. Any person or organization who is a vendor of"your products", but only with respect to"bodily injury"or"property damage"arising out of"your products"which are distributed or sold in the regular course of the vendor's business. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement,the BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 4 of 11 ' | insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. With respect to the insurance affordto th vendors,the folling additional exclusions apply: . • • (1) This insurance afforded the vendor doenot apply to: (a) ' — which the vendor reason of the assurnption of liability in a contract or agreement.This exclusion does not • applythat the vendor would have in the absence of the contract or agreemen (b) Any express warranty unauthorized by you; ` (c) Anor chemicachange in the producmade intentionally bythe xonoo�vendor; (d) Repackaging, except wheh unpacked solely for the purpoSe inSpedtion, demonstration, testing or the suhstitutiQP of Parte under instructions from,the manufacturer, and then repackaged in the o - (e) has connection with the distribution or sale of the products; (f) Demonstration,installepon,Pervicing or Tepair operations,except such.operations performed et the vendors preMises in connbction with the eale of the prOduct; (g) Products which,ofterdhsthbubon or sale by you,have been labeled or relabeled or used as a container part or ingredient Of any otherthing by or for the vendor;or (h) "Bodily injury"or"property damage"arisinutuftheauleneg|igenoeufthavendorfords own acts or omissions pelf:lose:of its prmnyonuelaeaoUngunKo.bahalt However,this eXciusion'abet not apply to: ' (H The exceptions ntiried in Subpararaph(d),or(f);or (ii) Such inspections, 0.140nente,tepts or paryicing .P.e.ft Vendor bes,agreed to make Or normally undertakes to make in the usual course Of business, ih cohnection with the distribution or sale of the products. ' ' (2) This Insum»d person.or organization from whom have acquired such products, or anyingnedient, portoroonhaiOeventeUng |nto. acuumponymgor containing such products. With respect to the insurance afforded to these vendors,the followinis addeto Paragraph.D. Liability And Medical Expe === Limits Of insurance: ' •` If coveprovided by the vendor is requiredbyaconbau or agreement,the most we will pay on behalf of the vendor is the amount of insurance: (1) Ie.quired by the contract or agreement; or (3) Available under the applicable Limits Of Insurance shown in the Declarations; • BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with Its permission,2016. Page 5 of 11 whichever is less. This shall not increase the applicable Limits Of Insurance shown in the Declarations. OTHER PERSONS OR ORGANIZATIONS PURSUANT TO CONTRACT OR AGREEMENT h, Any persons or organizations that you are required by a contract or agreement to provide with such insurance as is afforded by this policy. However, such a person or organization is an insured only: (1) To the extent such contract or agreement requires the additional insured to be afforded status as an insured; and (2) For activities that did not occur, In whole or in part, before the execution of the contract or agreement. No person or organization is an insured under this provision: (1) That is more specifically identified under any other provision of Paragraph C.Who Is An Insured (regardless of any limitation applicable thereto). (2) With respect to any assumption of liability in a contract or agreement.This limitation does not apply to the liability for damages the additional insured would have in the absence of the contract or agreement. However,the insurance affordedto such persons or organizations: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. The following is added at the end of Paragraph C.Who Is An Insured: No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. However, no person or organization is an insured with respect to the: a. Ownership, maintenance or use of any assets; or b. Conduct of any person or organization whose assets, business or organization; any Named Insured acquires, either directly or indirectly, for any: (1) "Bodily injury"or"property damage"that occurred; or (2) "Personal and advertising injury"arising out of an offense first committed; in whole or in part, before such acquisition is executed. With respect to the insurance afforded to the persons or organizations described in Paragraphs e.,f.,.and h.above, the following is added to Paragraph D.Liability And Medical Expenses Limits Of Insurance: The most we will pay on behalf of such person or organization is the amount of insurance: BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 6 of 11 (1) Required by the contractor agreement; or (2) Available under the applicable Limits Of Insurance shown in the Declarations; _ I whichever is less. 9 } This shall not increase:the applicable Limits Of Insurance shown in the Declarations. I. DAMAGE TO PREMISES RENTED TO YOU=$1,000,000 In Section II-Liability, Paragraph D.Liability and Medical Expenses Limits of Insurance,Paragraphs 3.and 4.are deleted:and.replaced with the following: 3. Subject to the Liability And Medical Expenses Limits Of Insurance,their-lost we will pay under BusinessLiability Coverage for damages because of"property damage"to any,one premises while rented to you or while temporarily occupied by you with permission ofthe owner is$1,000,000. 4. Aggregate Limits The most we will pay for: a. All."bodily injury"and"property damage"that is included In the"products-completed operations hazard"is twice the Liability and Medical Expenses limit, b All (1) "Bodily injury"and"property damage"except damages because of"bodily injury"or"property damage"included in the"products-completed operations hazard" (2) Pius medical expenses;` (3) Plus all"personal and advertising injury"caused by offenses committed; is.twice the Liability and Medical Expenses Limit. j The'Limits'of Insurance of Section II Liability apply separately to each:consecutiveannual period and to any remaining period of less than 12 months,starting with:the beginning of the policy period shown in the;:Declarations, unless;the policy period is extended after issuance for an additional period of less than 12 months in.that case,the additional period will be deemed,.part of the last preceding period for purposes of determining the Limits;of.Insurance. : • J. PER LOCATION GENERAL AGGREGATE LIMIT WITH COMBINED TOTAL AGGREGATE LIMIT In Section II-Liability, Paragraph D.Liability and Medical Expenses Limits of Insurance, the following is added: 1. Subject to the Combined Total Aggregate Limit shown in the Declarations,for the sum of all damages that the insured becomes legally obligated to pay for all"bodily Injury"and"property damage"caused by"occurrences"under Paragraph A.1.Business Liability,and for all Medical expenses caused by accidents under Paragraph A.2. Medical Expenses,which can be attributed only to a single "location": BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 7 of 11 • a. A separate Location General Aggregate Limit will apply to each"location", and that limit is equal to the Other than Products/Completed Operations Aggregate Limit shown in the Declarations. b. The separate Location General Aggregate Limit is the most we will pay for the sum of all damages for"bodily injury"or"property damage"under Paragraph A.1.Business Liability, except in connection with"bodily injury"or"property damage"included in the"products- completed operations hazard",and for medical expenses under Paragraph A.2. Medical Expenses, regardless of the number of: (1) Insureds; (2) Claims made or"suits"brought; or (3) Persons or organizations making claims or bringing"suits". c. Any payments made under Paragraph Al. or under Paragraph A.2. Medical Expenses shall reduce the separate Location General Aggregate Limit for that"location". Such payments shall not reduce the Other Than Products/Completed Operations Aggregate Limit shown in the Declarations nor shall they reduce the separate Location General Aggregate Limit for any other"location". d. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the Other Than Products/Completed Operations Aggregate Limit shown in the Declarations, such limits will be subject to the applicable separate Location General Aggregate Limit. 2. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages that the Insured becomes legally obligated to pay for all"bodily injury"or"property damage"caused by occurrences under Paragraph A.1. Business Liability and for all medical expenses caused by accidents under Paragraph A.2., which cannot be attributed only to operations at a single"location". a. Any payments made under Paragraph A.1. Business Liability for damages or under Paragraph A.2,for medical expenses shall reduce the amount available under the Other Than Products/Completed Operations Aggregate Limit or the Products/Completed Operations Aggregate Limit,whichever is applicable;and b. Such payments shall not reduce the separate Location General Aggregate Limit applicable to a single"location". 3. Subject to the separate Location General Aggregate Limit and all other applicable limits, the Combined Total Aggregate Limit shown in the Declarations is the most we will pay for the combined sum of amounts described above, regardless of the number of"locations". 4. Any payments we make for"bodily injury"or"property damage"included in the"products-completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit regardless of the number of"locations", and not reduce the Other Than Products/Completed Operations Aggregate Limit nor the separate Location General Aggregate Limit applicable to a single"location." 5. As used in this endorsement,"location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway,waterway or right-of-way of a railroad. 6. The provisions of Paragraph D.Liability and Medical Expenses Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. K. KNOWLEDGE/NOTICE OF OCCURRENCE In Section I1-Liability, Paragraph E.Liability and Medical Expenses General Conditions, 2.Duties In the Event Of Occurrence,Offense,Claim or Suit is amended to include the following: BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 8 of 11 • I e. Knowledge of an"occurrence"or offense by an agent or"employee"of the insured will not constitute knowledge by the insured, unless an"executive officer'(whether or not an"employee")of any. . insured or an"executive officer's"designee knows about such"occurrence"or offense. Failure of an agent.or"employee"of the insured, other than an"executive officer"(whether.or not an'employee") j of any insured or an"executive officer's"designee,to notify us:of;an."occurrence"or offense that such person knows about will not affect the insurance afforded to you. f. If a claim or loss does not reasonably appear to involve this insurance, but.it later develops into a claim or loss to which this insurance applies,the failure to report it to us will not violate this condition, provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such loss or claim. L. BODILY INJURY,INCLUDING RESULTING MENTAL ANGUISH In Section II-Liability, Paragraph F.Liability and Medical Expenses Definitions, paragraph 3.is deleted and replaced with the following: I 3. "Bodily injury"means physical: . I a. Injury; b. Sickness; or c. Disease; sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to occur at the time of the physical injury, sickness or disease. M. COVERAGE TERRITORY, LIMITED WORLDWIDE In Section ll,-Liability, Paragraph F.Liability and Medical Expenses Definitions, paragraph 4.is deleted and replaced by the following: 4. "Coverage territory"means all parts of the world. However,"coverage territory'does not ancllude any: a. "Bodily injury"or"property damage"that takes place or any offense committed outside of the United States of America(including ita possessions and territories),Canada:and Puerto Rico, unless the.insured's responsibilityto pay damages rs determinedby a"suit"on the merits that is brought in the United States of America(including its possessions and territories), Canada or Puerto:Rico;:or b. Injury or damage in connection with any"suit"brought outside the United States of America (including its possessions and territories), Canada and Puerto:Rico. N. PERSONAL INJURY,INCLUDING DISCRIMINATION,HARASSMENT AND.SEGREGATION. i In Section II-Liability, Paragraph F.Liability and Medical Expenses Definitions, paragraph 14.is amended to include the following: h. Discrimination, harassment or segregation based on a person's age, color, national origin, race, religion or sex unless committed by or at the direction of any"executive officer", director, stockholder, partner or member of the insured. BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 9 of 11 • O. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS In Section III—Common Policy Conditions, Paragraph C.Concealment, Misrepresentation or Fraud is amended to include the following additional paragraph: Unintentional failure of an"employee"of the insured to disclose a hazard or other material information will not violate this condition, unless an"executive officer'(whether or not an"employee")of any insured knows about such hazard or other material information. P. OTHER INSURANCE,INCLUDING PRIMARY PROVISION In Section III—Common Policy Conditions, Paragraph H.Other Insurance, subparagraphs 2.and 3. are replaced by the following: H. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this insurance, our obligations are limited as follows: • 1. Primary Insurance This insurance is primary except when Paragraph 2 below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then,we will share with all that other insurance by the method described in Paragraph 3 below. 2. Excess Insurance a. This insurance is excess over: (1) Any of the other insurance,whether primary, excess,contingent or on any other basis: (a)That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b)That is insurance that applies to"property damage"to premises rented to you or temporarily occupied by you with permission of the owner;or (c)If the loss arises out of aircraft, "autos"or watercraft to the extent not subject to Exclusion g. of Section II.B. Exclusions, 1.Applicable to Business Liability Coverage;or (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured. b. When this insurance is excess,we will have no duty to defend the insured against any"suit"if any other insurer has a duty to defend the insured against that"suit." If no other insurer defends, we will undertake to do so, but we will be entitledto the insured's rights against all those other insurers. c. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 10 of 11 ' I (2) The total of all deductible and self-insured amounts under all that other insurance. d. We will share the remaining loss, if any,with any other insurance that is not described in this • Excess'insurance provision and was not brought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 3. Method of Sharing If all of the other insurancepermits contribution by equal shares,we will follow this method also. Under this approach,each insurer contributes equal amounts untilit has paid,its applicable limit of insurance or none of the less reinains,•whichever comes first. If any of the other•insurance does not permit contribution by equal shares,we will contribute by limits Under this method,each insurer's share is based on the ratio of its applicable limit of insurance;to the total applicable limits of insurance of all insurers. Q. WAIVER OF SUBROGATION REQUIRED BY CONTRACT In Section III—Common Policy Conditions, Paragraph K Transfer of Rights.of Recovery Against Others To Us,subparagraph 2.is replaced by thefollowing 2. Applicable to Businessowners Liability.Coverage We will waive the rights of recoverywe would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived:their rights of recovery against such person dor organization in a contract or agreement that is executed before'such loss. To the extent that the insured's rights to recover all orpart of any..payment made under this Coverage Part have not been waived,those rights are transferred to us Theinsured must do nothing after loss to' impair them.At our request,the insured will bring'suit"or transfer:those rights to Us andhelp us-enforce them.This:paragraph doeshat appY l .to'Medical Expenses Coverage All other terms and conditions of the policy remain unchanged, • BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 11 of 11 • . Council Business Meeting January 5, 2021, •Y'_,_�_,,.__�v' Approval of,a Professional Services Contract to Update Water and Storm Drain Agenda�ltemti System Development Charges _ _. _. From Scott Fleury PE Public Works Director Contact Scott.fleurv@a ashland:or us 541-552-2412 SUMMARY Before the Council is a professional services contract with Galardi Rothstein Group to update the existing Water and Storm Drainage System Development(SDC)charges and associated methodology. The 2020 Water Master Plan Update was adopted by Council at the August 4,2020 Business Meeting and the financial analysis recommended review and updates to the existing water system SDCs.The Storm Drain Master plan is substantially complete including the financial analysis and staff has included the Storm Drain SDC analysis into the contractual work. POLICIES,PLANS&GOALS SUPPORTED City Council Goals: Essential Services • Drinking Water System • Stormwater Continue to leverage resources to develop and/or enhance Value Services Department Goals: • Maintain existing infrastructure to meet regulatory requirements and rniniinize 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 PREVIOUS COUNCIL ACTION The Council has taken numerous actions over the years with respect to SDC charges and methodology updates.The last Councitaction occurred at the February 19,2019 Business Meeting,which included update the current Ashland Municipal Code for SDC charges(Minutes, Staff Report):'Previous to this the Council also approved changes to the Transportation SDCs in a process similar to the one proposed for updating the water and storm drain SDCs. BACKGROUND AND D ADDITIONAL INFORMATION The recently adopted Water and soon to be Storm Drain Master Plan include Capital Improvement projects (CIP)that differ from the existing and previously developed CIPs,which were used to establish current SDC rate structures.The financial analysis in the current Water Master Plan recommends updating the existing water SDCs and with the Storni Drain Master Plan substantially complete staff felt it best to include the storm drain SDCs into the contractual work.Updates to SDCs are important as they ensure the appropriate fee capture of new developments impacts to the City's infrastructure systems. SDCs fees are only used for project costs associated with infrastructure capacity enhancements.Defined capital improvements vary in SDC capacity charges from 0%to 100%SDC"eligible". Pagel;of.2 ASHLAND C I T Y 0,F � P In order to update the water and storm drain SDCs staff issued a request for proposal to obtain professional economic services from a qualified consultant to perform associated activities necessary to update the SDCs in coordination with the SDC Committee. The request for proposal was released on xxx,2020 on the Oregon Procurement Information Network (ORPIN), advertised locally andwith the Daily Journal of Commerce. Responses were due on xxx, 2020. Upon close of the solicitation three proposals were received. A four-member team evaluated the proposals against the established criteria. The team included Melanie Purcell, Finance Director,Brandon Goldman, Senior Planner,Karl Johnson,Associate Engineer and Scott Fleury PE,Public Works Director. The final scoring is shown below. The results of the soaring are as follows: r } CONSULTANT TOTAL SCORE RANK Galardi Rothstein Group Inc. 360 1 FCS Group Inc. 348 2 Hansford Economic Consulting Inc. 339 3 After completion of scoring all firms were notified of the City's intent to negotiation a final scope and fee for the project with the Galardi Rothstein Group.After notification staff worked with Galardi Rothstein Group to develop the scope and fee for the proposed work. FISCAL IMPACTS The proposed professional contractual services amount for Galardi Rothstein Group to complete the necessary scope of services for the SDC updates is a time and materials not to exceed amount of$49,660.Funding would come directly from the Water and Storm Drain SDC funds budgeted within the FY20/21 budget and split appropriately. Additional fiscal impacts are linked to the staff time necessary to manage the project from start to finish. City staff associated with this project include the Director Public Works or designee, the Director of Planning or designee, and administrative support staff. STAFF RECOMMENDATION Staff recommends approval of a Professional Services Contract with the Galardi Rothstein Group. ACTIONS, OPTIONS &POTENTIAL MOTIONS 1. I move to approve a Professional Services Contract with the Galardi Rothstein Group in the amount of $49,660 2. I move to amend the Professional Services Contract with the Galardi Rothstein Group [insert amendment] 3. I move to request the City perform a new solicitation for professional services to update the water and storm drain SDCs REFERENCES &ATTACHMENTS Attachment#1:Professional Services Contract with Galardi Rothstein Group Page 2 of 2 CITY OF ASHLAND