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HDR - Joe Healy ~ C130094 CITY OF TIGARD,OREGON CONTRACT SUMMARY FORM (FORM MU5TACCOMPANYEACH CONTRACT FOR ACTTHORI7_ATIoN) Contract Title: 2013 Water Finance Plan Update Number: Contractor: HDR—Joe Healy Contract Total: $16,355.00 Contract Overview: 10 L.,Dc t v T ti Type: ❑ Purchase Agreement Start Date: 6/18/2013 End Date: Z Personal Service �� F] Public Improvement LCRB Award: Department: Finance ❑ IGA ❑ Other: Contract Manager: Toby LaFrance Quotes/Bids/Proposal: FIRM AhtoUNT/SCARE T�- Account String: Fund-Division-Account Projegi- Year 1 J3Z) P2=8000-56005 96018-532-160 $8869 Year 2 53 c 2-8000-56005 96018-532-160 $7486 Year 3 _ Year 4 Year 5 Approvals Department Comments: Department Signature: Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract#C— A300 ` i CITY OF TIGARD,OREGON PERSONAL SERVICES AGREEMENT WATER FINANCIAL.PLAN UPDATE AND SCENARIO ANALYSIS THIS AGREEMENT made and entered into this 18" day of June 2013 by and between the CMT of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and HDR Engineering, Inc., hereinafter called Consultant.. RECITALS City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Consultant, and City has determined that Consultant is qualified and capable of performing the professional services as City does hereinafter require, under those terms and conditions set forth: Therefore, the parties agree as follows: SCOPE OF WORK Consultant shall initiate services upon receipt of City's notice to proceed together with an executed cope= of this Agreement. Consultant agrees to complete work that is detailed in Exhibit A — Scope of Work and by this reference made a part hereof. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon signature by both parties and shall expire, unless otherwise terminated or extended, on august 31,2014. All work under this Agreement shall be completed prior to the expiration of this agreement. COMPENSATION Citi' agrees to pay Consultant an amount not to exceed Sixteen Thousand 'Three Hundred Fifty Fire and No;100 Dollars ($16,355.00) for performance of those services described in this Agreement. Payment will be made based on Consultant's invoice, subject to the approval of the Citi', and not more frequently than monthly. Payment shall be payable within thirty- (30) dai 7s from the date of the Consultant's invoice. CONTACT INFORMATION All notices, bills, and payments shall be made in writing and may be given by personal deliveiy mail, or fax Payments may be delivered by personal deliveti!, mail, or electronic transfer. Tlbe following addresses and contacts shall be used to transmit notices,bills, and other information: City of Tigard IDR Engineering, Inc. Attn: Toby I_.aFrance, Director of}finance & IS Attn: Joe Heal 13125 SW Hall Blvd. 1001 S\X' 5th Avenue, Suite 1800 Tigard, Oregon 97223 Portland, OR 9-204-1134 Phone: 503 718-2406 Phone: 503) 727-3917 Fax: (503) 684-729 7 Fax: 503) 423-3737 Email Address: tob a,tiand-or. v Email Address: joe.heal a.hdrinc.com Page 1 Contract# CONSULTANT As INDEPENDENT CONSULTANT Consultant acknowledges that for all purposes related to this Agreement, Consultant is and shall be deemed to be an independent Consultant as defined by ORS 6 70-600 and not an employee of City., shall not be entitled to benefits of any kind to which an employee of Cita'is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the 'event that Consultant is found by a court of law or any administrative agency to be an employee of City for any purpose, Cite shall be entitled to offset compensation' due,or to demand repayment of any amounts paid to Consultant under the terms of this Agreement, to the fall extent of any benefits or other remuneration Consultant receives (from City or third parr) as a result of said finding and to the full extent of any payments that Clo,is required to make (to Consultant or to a third party) as a result of said finding. Consultant acknowledges that for all purposes related to this Agreement,Consultant is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. INDEMNIFICATIO City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement. Consultant represents that all its work xi]l be performed in accordance with generally accepted professional practices and standards used by members of the Consultant's profession practicing under the same or similar circumstances at the same time and in the same locality as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a Consultant's work by City shall not operate as a waiver or release. Consultant and City agree to indemnify the other, and the other's officers, agents and employees and hold them harmless from an)- and all liability, causes of action, claims, losses, damages, 'udgments or other costs or expenses including reasonable attorney's fees and witness costs and (at both trial and appeal level, whether or not a trial or appeal ever takes place) incurred by the party being indemnified to the extent caused by the indemnifying party's negligent acts (or failure to act when action is appropriate) that may be asserted by any person or entity which in any way arise from or relate to this Agreement or the performance of obligations under this Agreement, except to the extent such liability arose Out of the negligence of the parte being inden-iru'fied- The indemnification by Consultant of the City shall also cover claims brought against the City under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. Each parry's indemnification and defense obligation shall be limited to the percentage of fault apportioned to each para- by a court of law, arbitrator or by mutual agreement between the parties to this Agreement. INSURANCE Consultant shall maintain 'insurance acceptable to Cin, in full force and effect throughout the term of this contract. Such 'insurance shah cover all risks arising directly or indirectly out of Consultant's activities or work hereunder. The policy or policies of insurancemaintainedby the Consultant shall provide at least the following limits and coverages; a) Business Automobile Jdabilijy Insurance If Consultant %-111 be delivering the goods, Consultant shall provide City a certificate 'indicating that Consultant has automobile liability coverage for all owned, hired, and non-owned vehicles. The bodily injury-and property damage liability limits shall be not less than; $25,000 per person, $50,000 per crash for bodily injury to others; and $10,000 per crash for damage to the property of others. Page 2 Contract# In addition, Consultant, in accordance with State lav shall carry both Personal ln"UsN-7 Protection (for reasonable and necessary- medical, dental, and other expenses one year after crash) for not less than$15,000 per person and Uninsured Motorist Coverage of not less than$25,000 per person and $50,000 per crash for bodily injury-. Said insurance shall name City as an additional insured. If Consultant hires a carrier to make delivery, Consultant shall require that said carrier complies with this paragraph. c. Workers'Compensation Insurance The Consultant and all employers providing work,labor or materials under this Contract that are either subject employers under the Oregon Workers' Compensation Law and shall comply with CPRS 656.01', which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers or employers that are exempt under [FRS 656.126. Gut-of-state employers must provide Oregon workers'compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Consultants who perfon-n work without the assistance or labor of any employee need not obtain such coverage. This shall include l rnployer's Liability Insurance with coverage limits of not less than$500,000 each accident. d. Insurance Carrier R.au Coverages provided by the Consultant must be underwritten by an insurance company deemed acceptable by the Citi% The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. e. Certificates of Insurance or Copies ies of auto Insurance Coverage As evidence of the insurance coverage required by the contract, the Consultant shall furnish a Certificate of Insurance or copies of their auto insurance to the City. No contract shall be effected until the required certificates have been received and approved by the Cit)% The procuring of such required insurance shall not be construed to limit Consultant's liability hereunder. Notwithstanding said insurance, Consultant shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. TERMINATION The parties agree that any decision by either party to terminate this agreement before either before the work is completed or the 30'x' day of June, 2012 shall be accompanied by thirty (30) days written notice to the other party prior to the date termination would take effect. There shall be no penalty for early termination. If City terminates the contract pursuant to this paragraph, it shall pale Consultant for services rendered prorated to the date of termination. as a condition precedent for termination for cause the terminated parts-shall be given a reasonable amount of time to cure such cause and failed to cure such cause. AGREEMENT MODIFICA'T'IONS Modifications to this agreement are valid only if made in writing and signed by all parties. OWNERSHIP OF DOCUMENTS Upon payment of all amounts rightfully owed by the City to the Consultant herein the Cite shall with the exception of those standard details and specifications regularly used by the Consultant in its normal course of business be the owner of and shall be entitled to possession of any and all documents of Consultant which result from this agreement, including any computations, plans, correspondence or pertinent data and information gathered by or computed by Consultant prior to termination of this agreement by Consultant or upon completion of the work pursuant to this agreement. Any reuse or irxodification of such documents for Pagc 3 Contract## purposes other than those intended by the Consultant under this Agreement shall be at the City's sole risk and without liability-to the Consultant. GOVERNING LAW Consultant shall comply with all applicable federal, state and local laws; and rules and regulations on non- discrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition or disability. The provisions of this Agreement shall be construed in accordance with the proNrisions of the laws of the State of Oregon. All pro-visions required by ORS Chapter?79 to be included in a contract of this hype are incorporated into this Agreement as though full- set forth herein. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. CONDITIONS OF SUPPmTNGA PUBLIC AGENCY Where applicable, Consultant must snake payment promptly as due to persons supplying Consultant labor or materials for the execution of the work proiaded by this order. Consultant must pay all contributions or amounts due from Consultant to the Industrial accident Fund incurred in the performance of this order. Consultant shall not pen-nit any lieu or claim to be filed or prosecuted against Buyer or any subdivision of City on account of aml labor or material to be fuznished. Consultant further agrees to pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. COMPLETE AGREEMENT This Agreement and attached exhibit constitutcs the entire 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 specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. Consultant, by the signature of its authorized representative, hereby acknov,ledges that he;'she has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its dull- authorized undersigned officer and Consultant has executed this Agreement on the date hereinabove first written. CITY OF TIGA,RD HDR ENGINEERING,INC. r- Bv: Aut ized City staff By: authorized Agent of Consultant r'13 - X41 Date Date Page 4 Contract# Exhibit A Scope of Work Task 1: Data Collection and Model Initiation Task Objective: Collect data and initialize financial planning model. Consultant will present an initial data request memorandum to the Citt,. Consultant will discuss with the Cite the timing and availability,- of data. if particular data are not available, Consultant will workwith the City to develop alternative approaches that use available data. Data retrieval is time intensive and therefore will only be conducted once. Thereafter,we will use the City's data in our system to conduct our financial plan (revenue requirements) analysis. While the City develops data for the analysis, Consultant will initialize an existing 30-rear financial planning model for the City's analysis and use. This initialization will involve customizing the model's flow of funds and calibration routines to meet the Citt,'s needs. Task 1 Deliverables: 1. Basic data request memorandum. Task 1 Assumptions and Expected City Staff Support: 1. Consultant will provide the data request memorandum via email in Portable Document Format (PDF). 2. For data that are not available, the City will assist Consultant in developing alternative sources prior to Consultant's initial calibration of the financial planning model in Task 2, Task 2: Financial Plan Update, Scenario Analysis, & Workshop #1 Task Objective: Develop the Ci-'s financial plan update and revenue requirements forecast. A key issue for any revenue requirements analysis is the timing of capital expenditures. The &namie financial planning model proposed for the Cite will have the flexibility to analyze alternative CIP scenarios, including changes in tuning, capital cost escalation, outside funding, and types of future debt. Depending upon the specific funding used, the need for additional long-term borrowing or immediate funding from rates may be delayed. Consultant considers prudent financial planning criteria when developing revenue requirements forecasts. Prudent financial planning criteria include meeting target (higher than minimum) debt service coverage (DSC) ratios, adequate rate funding for renewal and replacement capital projects, and meeting minimum reserve fund levels. Consultant will work with the City to understand its specific and current financial policies related to these planning criteria. Consultant will then incorporate these policies into the financial planning model and revenue requirements analysis. Using the data submitted by the City. as the basis for the analysis, Consultant proposes a working session with the Cin, staff to refine the Cio-'s projected water revenue requirements. During this work session, Consultant and the Cit- will review assumptions and evaluate alternative scenarios in real time. Task 2 Deliverables 1. Full-day workshop with the City staff to develop forecast scenarios in real-time using the financial planning model. Consultant will work with the City to identifi= the appropriate day and time. Task 2 Assumptions and Expected City Staff Support Page 5 Contract# 1. The Cita-will provide all data or alternative sources of data prior to Consultant's initial calibration of the financial planning model. This will ensure that the workshop is resented for analv-zing policy decisions and alternative scenarios,rather than preliminary calibrations and data refinement. 2. The workshop-vvill take place at the City's offices. 3. Consultant anticipates that the City will have made a decision on its selected financial plan scenario by the end of the workshop. If further analysis and an additional meeting is needed, Task 3 is proposed for additional efforts or a second and final workshop. Task 3: Financial Planning Workshop #2 (Optional) Task Objective: Nleet for a second workshop to refine assumptions and develop alternative scenarios. Task 3 Deliverables 1. ,kdditional workshop (up to 5 hours) with the City staff to refine forecast scenarios in real-time using the financial planning model. Task 3 Assumptions and Expected City Staff Support 1. The workshop will take place at the City's offices. Task 4: Document Findings Task Objective: Identify and describe the financial planning scenario selected by City staff. :'after conducting the financial planning workshop in Task 2 (or Task 3), Consultant will prepare a brief written summary of our findings in technical memorandum format. The summary report will identify the financial planning scenario selected by Cite staff. Documentation will also include a full copy (PDF) of the financial plan tables, either as an attachment to the report or as a separate file. Task 4 Deliverables 1. Brief written summary report in technical memorandum format. 2. Communications (e.g. teleconference, email) with City- staff to review the draft report. Task 4 Assumptions and Expected City Staff Support 1. Citi- staff will review the draft summary report and provide comments to Consultant. Task 5: Model Training and Delivery (Optional) Task Objective: Provide model training to Citi- Staff for future use of the forecast model. Consultant will customize the financial planning model developed for use in Task 2 for the City's use, so that staff may update future financial forecasts as needed. The model will forecast revenue requirements for a planning period of thirty nears. Consultant will provide Cine staff with a full-day training session on the use and update of the financial plan. Task 5 Deliverables 1. Electronic version of the City's financial planning model (Microsoft Excel spreadsheet file). Task 5 Assumptions and Expected City Staff Support 1. Participation in a training session (up to 8 hours) at the City's offices. Task G: Presentation of Analysis (i+Optional) Task Objective: If requested, present the summaiN, memo report at a meeting selected by, City- staff, and respond to questions that arise during the presentation. Page 6 Contract# Consultant will prepare a presentation in Microsoft PowerPoint format for the Ci i° and present its findings at a meeting of the City's choice. Prior to the. presentation, Consultant will communicate with the Citi to ensure the presentation meets the needs of the project. Task G Deliverables 1. Board presentation in NIS Power Point format. Task 7: Project Management Task Objective: Consultant conducts detailed project management to maintain the project schedule and ensure the City receives the most value for its consulting resources. The project management activities will include: 1. Initialize project -- Consultant maintains and conducts project management and accounting protocols that serve as a basis for project execution. Gillen that the scope and duration of this project is relatively small, Consultant will keep project management efforts as efficient as possible. 2. Develop/refine detailed project guide — Consultant will develop a detailed project management plaza for internal use throughout project execution. This guide will include a list of all resources and a detailed work breakdown structure for the project. This u°ill serve as a basis for briefing the City's staff on the details of the project execution. The project guide will be revised if a change in scope of services is necessary. 3. Progress reports Consultant will prepare written progress reports to accompany- monthly invoices. These reports will summarize project efforts and tasks completed during each invoice period. Task 5 Deliverables 1. Project progress reports to accompany monthly invoices.. Task 5 Assumptions and Expected City Staff Support 1. Consultant will keep project management efforts as efficient as possible for this relatively small study. 2. Consultant anticipates project management efforts through the completion of all study tasks. 3. Consultant anticipates the completion date for this study will be June 30, 20113 Page c. in Ln v^ un — C, SO — ct5 C c u ce C4 4 — CN66, ti ti <,- Ln cn tt 'o e m Ln U, �.o l—� Lr) .�-i M ci- c'n N;fA UD r- to c u7 N 'n u r Z ceO .a © �o IC 00 J 64 {y3 f N v^, � C n CA 69, IN d _ y a Fti u a Y r o � a 43 ar aQ i-t-, N; p QI %e �fi .-r C} •."7• CS F i v A r. '14 aYi Q d cc v C.. � v dbp f � � V• � C Q � h 0.O cc ¢ti Y sj i C g v u u r cc Zi b s� V r~ wi � � G ..� N Cl) tt Lr t:. t H ria �