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FCS Group ~ C150014 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORM MUST ACCOMPANY EVERY CONTRACT Contract Title: Infrastructure Financing Services-Transportation &Parks,Sanitary Sewer, Stormwater Number: 1 �('0&/ Contractor: FCS Group Contract Total: $179,510.00 Contract Overview: Update to creation of fees and charges to assist in the financing of system infrastructure. Projects i re update master plans,update SDC's paid by developers when building permits are obtained. To prevent funds from running out of money, an additional local revenue such as a surcharge,will be examined and brought to council for consideration. Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ❑ Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager: Tobi:LaFrance Ext: 2403 Department: FIS Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ❑ Public Improvement ❑ IGA ® Other: Professional Services Start Date: 8/13/14_ End Date: 6/30/15 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE FCS Group 334 Black&Veatch 269 HDR Inc. —Water only 346 Account String: Fund-Division-Account Work Order—Activity Type Amount Transportation 460-8000-56005 95040-507 $54,390 Parks 420-8000-56005 92012-507 $23,385 Sanitary 500-6600-54001 $48,285 Storm 510-6700-54001 $53,450 Approvals - LCRB Date: I / Department Comments: Department Signature: -� Purchasing Comments: Purchasing Signature: Citv Manager Comments: ' R l City Manager Signatiref/ � After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract# ��- CITY OF TIGARD,OREGON PROFESSIONAL SERVICES AGREEMENT INFRASTRUCTURE FINANCING SERVICES TRANSPORTATION&PARKS,SANITARY SEWER,STORMWATER THIS AGREEMENT, made and entered into this 13`'' day of August, 2014, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and FCS Group, hereinafter referred to as the "Consultant." RECITALS WHEREAS, the City's 2014-2015 fiscal year budget provides for infrastructure financing strategy services for the City's sanitary sewer and stormwater utilities as well as the City's transportation and parks systems; and WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and essential to the program of the City;and WHEREAS, the City desires to engage the Consultant to render professional infrastructure financing strategy services for the project described in this Agreement, and the Consultant is willing and qualified to perform such services; THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby agree as follows: 1. Consultant's Scope of Services The Consultant shall perform professional infrastructure financing strategy services relevant to the Project in accordance with the terms and conditions set forth herein, and as provided in Exhibit 1, which is attached hereto and by this reference made a part of this Agreement. 2. Effective Date and Duration This agreement shall become effective upon the date of execution by the City's Local Contract Review Board,and shall expire,unless otherwise terminated or extended, on completion of the work or June 30, 2015 whichever comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. Consultant's Fee A. Basic Fee 1) As compensation for Basic Services as described in Exhibit 1 of this Agreement, and for services required in the fulfillment of Paragraph 1, the Consultant shall be paid on an hourly rate based upon the "Schedule of Rates" in Exhibit 1 of this agreement, which shall constitute full and complete payment for said services and all expenditures which may be made and expenses incurred, except as otherwise expressly provided in this Agreement. The Basic Fee shall not exceed the amount of One Hundred Seventy Nine Thousand Five Hundred Ten and No/100 Dollars ($179,510.00)without prior written authorization. 2) The parties hereto do expressly agree that the Basic Fee is based upon the Scope of Services to be provided by the Consultant and is not necessarily related to the estimated construction cost of the Project. In the event that the actual construction cost differs from the estimated construction cost, the Consultant's compensation will not be adjusted unless the Scope of Services to be provided by the Consultant changes and is authorized and accepted by the City. B. Payment Schedule for Basic Fee Payments shall be made upon receipt of billings based on the work completed. Billings shall be submitted by the Consultant periodically, but not more frequently than monthly. Payment by the City shall release the City from any further obligation for payment to the Consultant for service or services performed or expenses incurred as of the date of the statement of services. Payment shall be made only for work actually completed as of the date of invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Payment for Special Services Only when directed in writing by the City, the Consultant shall furnish or acquire for the City the professional and technical services based on the hourly rate schedule as described in Exhibit 1 of this contract for minor project additions and/or alterations. D. Certified Cost Records The Consultant shall furnish certified cost records for all billings pertaining to other than lump sum fees to substantiate all charges. For such purposes, the books of account of the Consultant shall be subject to audit by the City. The Consultant shall complete work and cost records for all billings on such forms and in such manner as will be satisfactory to the City. E. Contract Identification The Consultant shall furnish to the City its employer identification number, as designated by the Internal Revenue Service,or social security number,as the City deems applicable. F. Payment—General 1) Consultant shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 2) Consultant shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. 3) Consultant shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury to the employees of Consultant or all sums which Consultant agrees to pay for such services and all moneys and sums which Consultant collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. 4) The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5) Consultant shall make payments promptly, as due, to all persons supplying services or materials for work covered under this contract. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on any account of any service or materials furnished. 2 1 1' a �� c: 6) If Consultant fails, neglects or refuses to make prompt payment of any claim for labor, materials, or services furnished to Consultant, sub-consultant or subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due to the Consultant. The payment of the claim in this manner shall not relieve Consultant or their surety from obligation with respect to any unpaid claims. 4. Ownership of Plans and Documents: Records A. The field notes, design notes, and original drawings of the construction plans, as instruments of service, are and shall remain, the property of the Consultant; however, the City shall be furnished, at no additional cost, one set of previously approved reproducible drawings, on 3 mil minimum thickness mylar as well as diskette in "DWG" or "DXF" format, of the original drawings of the work. The City shall have unlimited authority to use the materials received from the Consultant in any way the City deems necessary. B. The City shall make copies, for the use of and without cost to the Consultant, of all of its maps, records, laboratory tests, or other data pertinent to the work to be performed by the Consultant pursuant to this Agreement, and also make available any other maps, records, or other materials available to the City from any other public agency or body. C. The Consultant shall furnish to the City, copies of all maps, records, field notes, and soil tests which were developed in the course of work for the City and for which compensation has been received by the Consultant at no additional expense to the City except as provided elsewhere in this Agreement. 5. Assignment/Delegation Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If City agrees to assignment of tasks to a subcontract, Consultant shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by City of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. 6. Consultant is Independent Contractor A. The City's project director, or designee, shall be responsible for determining whether Consultant's work product is satisfactory and consistent with this agreement, but Consultant is not subject to the direction and control of the City. Consultant shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under Section 3 of this Agreement. B. Consultant is an independent contractor and not an employee of City. Consultant acknowledges Consultant's status as an independent contractor and acknowledges that Consultant is not an employee of the City for purposes of workers compensation law, public employee benefits law, or any other law. All persons retained by Consultant to provide services under this contract are employees of Consultant and not of City. Consultant acknowledges that it is not entitled to benefits of any kind to which a City employee is entitled and that it shall be solely responsible for workers compensation coverage for its employees and all other payments and taxes required by law. Furthermore, in the event that Consultant is found by a court of law or an 3 1 1' ;� rc administrative agency to be an employee of the City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Consultant under the terms of the agreement, to the full extent of any benefits or other remuneration Consultant receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Consultant or to a third party) as a result of said finding. C. The undersigned Consultant hereby represents that no employee of the City or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from the Consultant, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. D. If this payment is to be charged against Federal funds, Consultant certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his/her normal charge for the type of service provided. E. Consultant and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. F. Consultant shall obtain, prior to the execution of any performance under this Agreement, a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-rated fee though the end of the calendar year. G. Consultant is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 7. Indemnity A. The City has relied upon the professional ability and training of the Consultant as a material inducement to enter into this Agreement. Consultant represents to the City that the work under this contract will be performed in accordance with the professional standards of skill and care ordinarily exercised by members of the Consultant's profession under similar conditions and circumstances as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of an Consultant's work by the City shall not operate as a waiver or release. Acceptance of documents by City does not relieve Consultant of any responsibility for design deficiencies, errors or omissions. B. Claims for other than Professional Liability. Consultant agrees and shall indemnify, defend, save and hold harmless the City of Tigard,its officers, employees, agents,and representatives from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, of negligent acts or intentional misconduct, resulting from or arising out of the activities of Consultant, or its subcontractors, sub-consultants, agents, or employees in performance of this contact at both trial and appeal level, whether or not a trial or appeal ever takes place including any hearing before federal or state administrative agencies. 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. 4 1 Pare C. Claims for Professional Liability. Consultant agrees and shall indemnify, defend, save and hold harmless the City of Tigard, its officers, employees, agents, and representatives from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, arising out of the professional negligent acts, errors or omissions of Consultant or its subcontractors, sub- consultants, agents or employees in performance of professional services under this agreement. Any work by Consultant that results in a design of a facility that is not readily accessible to and usable by individuals with disabilities shall be considered a professionally negligent act, error or omission. D. As used in subsections B and C of this section, a claim for professional responsibility is a claim made against the City in which the City's alleged liability results directly or indirectly,in whole or in part, from the quality of the professional services provided by Consultant, regardless of the type of claim made against the City in performance of this contract. A claim for other than professional responsibility is a claim made against the City in which the City's alleged liability results from an act or omission by Consultant unrelated to the quality of professional services provided by Consultant in performance of this contract. S. Insurance Consultant and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover risks arising directly or indirectly out of Consultant's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the Consultant and its subcontractors shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Consultant shall obtain,at Consultant's expense,and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate $3,000,000 Products-Completed Operations Aggregate $2,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $2,000,000 Fire Damage (Any one fire) $50,000 B. Professional Liabilitv Consultant shall obtain,at Consultant's expense,and keep in effect during the term of this contract, Professional Liability Insurance covering any damages caused by an error,omission or any negligent acts. Combined single limit per claim shall not be less than $2,000,000, or the equivalent. Annual aggregate limit shall not be less than$3,000,000 and filed on a"claims-made" form. 5 Pr gc C. Commercial Automobile Insurance Consultant shall also obtain, at Consultant's expense, and keep in effect during the term of the contract(Symbol l or Symbols 8 and 9 as applicable) Commercial Automobile Liability coverage on an "occurrence" form including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000. If Contractor operates a personally-owned vehicle for business use under this contract, the Contractor shall obtain,at Contractor's expense, and keep in effect during the term of the contract, business automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than$2,000,000. D. Workers'Compensation Insurance The Consultant, its subcontractors, if any, and all employers providing work, labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-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 perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than$1,000,000 each accident. E. Additional Insured Provision All policies aforementioned, other than Workers' Compensation and Professional Liability, shall include the City its officers, employees, agents and representatives as additional insureds with respect to this contract. Coverage will be endorsed to provide a"per project"aggregate. F. Extended Reporting Coverage If any of the aforementioned liability insurance is arranged on a "claims-made" basis, Extended Reporting coverage will be required at the completion of this contract to a duration of 24 months or the maximum dine period the Consultant's insurer will provide such if less than 24 months. Consultant will be responsible -for furnishing certification of Extended Reporting coverage as described or continuous "claims-made" liability coverage for 24 months following contract completion. Continuous "claims-made" coverage will be acceptable in lieu of Extended Reporting coverage, provided its retroactive date is on or before the effective date of this contract. Coverage will be endorsed to provide a"per project"aggregate. G. Insurance Carrier Rating Coverage provided by the Consultant must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M.Best rating of"A-VIP' or better, or equivalent. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. H. Self-Insurance The City understands that some Contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If the Contractor is self-insured for commercial general liability or automobile liability insurance the Contractor must provide evidence of such self-insurance. The Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a 6 11' a ,,c form acceptable to the City. The City reserves the right in its sole discretion to determine whether self-insurance is adequate. I. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Consultant shall furnish a Certificate of Insurance to the City. No contract shall be effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the address below prior to coverage expiration. J. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer, employee or agent of the City as those terms are used in ORS 30.265. K. Primary Coverage Clarification The parties agree that Consultant's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. L. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability and commercial automobile policies required by this contract. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd Tigard,Oregon 97223 At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. 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. 9. Termination Without Cause At any time and without cause, City shall have the right in its sole discretion, to terminate this Agreement by giving notice to Consultant. If City ternunates the contract pursuant to this paragraph, it shall pay Consultant for services rendered to the date of termination. 10. Termination With Cause A. City may terminate this Agreement 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: 7 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds. 2) 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. 3) If any license or certificate required by law or regulation to be held by Consultant, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked, or not renewed. 4) If Consultant becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Consultant, if a receiver or trustee is appointed for Consultant, or if there is an assignment for the benefit of creditors of Consultant. Any such termination of this agreement under paragraph (A) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Consultant,may terminate the whole or any part of this Agreement: 1) If Consultant fails to provide services called for by this agreement within the time specified herein or any extension thereof, or 2) If Consultant fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten days or such other period as City may authorize. 3) If Consultant fails to eliminate a conflict as described in Section 14 of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Consultant shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (B), Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Consultant bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by City due to breach of contract by Consultant. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 8 1 P ,i *u 11. Non-Waiver The failure of City to insist upon or enforce strict performance by Consultant of any of the terms of this Agreement or to exercise any rights hereunder, should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 12. Method and Place of Giving Notice, Submitting Bills and Making Payments All notices,bills and payments shall be made in writing and may be given by personal delivery,mail, or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit notices,bills,payments, and other information: CITY OF TIGARD FCS GROUP OREGON Attn: Toby LaFrance,FIS Director Attn: Todd Chase Address: 13125 SW Hall Blvd Address: 4380 SW Macadam Ave,Suite 220 Tigard,Oregon 97223 Portland, Oregon 97239 Phone: (503) 718-2406 Phone: (503) 841-6543 Fax: (503) 684-7297 Fax: (503) 841-6573 Email: toby a,tigard-or.gov Email: toddc&fcsgroup.com and when so addressed, shall be deemed given upon deposit in the United States mail,postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, notices,bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices,bills and payments are to be given by giving written notice pursuant to this paragraph. 13. Merger This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 14. Professional Services The City requires that services provided pursuant to this agreement shall be provided to the City by an Consultant, which does not represent clients on matters contrary to City interests. Further, Consultant shall not engage services of an Consultant and/or other professional who individually, or through members of his/her same firm,represents clients on matters contrary to City interests. Should the Consultant represent clients on matters contrary to City interests or engage the services of an Consultant and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests, Consultant shall consult with the appropriate City representative regarding the conflict. After such consultation, the Consultant shall have seven (7) days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 10 (B -3) of this agreement. 9 11' aTc 15. Force Majeure Neither City nor Consultant shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled,including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-,%ide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 16. Non-Discrimination Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Consultant also shall comply with the Americans with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules established pursuant to those laws. All facilities designed by Consultant under this contract shall be designed to be readily accessible to and usable by individuals with disabilities as required by the Americans with Disabilities Act. 17. Errors Consultant shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 18. Extra (Changes)Work Only the City's Project Manager may authorize extra (and/or change) work. Failure of Consultant to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and Consultant thereafter shall be entitled to no compensation whatsoever for the performance of such work. 19. Governing Law The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 20. Compliance With Applicable Law Consultant shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement,including those set forth in ORS 279A,279B,and 279C. 21. Conflict Between Terms It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 22. Access to Records City shall have access to such books, documents, papers and records of Consultant as are directly pertinent to this Agreement for the purpose of making audit,examination, excerpts and transcripts. 10 11' Ar'. 0 23. Audit Consultant shall maintain records to assure conformance with the terms and conditions of this Agreement, and to assure adequate performance and accurate expenditures within the contract period. Consultant agrees to permit City, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 24. Severability In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 25. Complete Agreement This Agreement, including the exhibits, is intended both as a final expression of the Agreement between the Parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a provision in the main body of the Agreement and a provision in the Exhibits, the provision in the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A shall control. 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 acknowledges 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 duly authorized undersigned officer and Consultant has executed this Agreement on the date hereinabove first written. Awarded by Tigard's Local Contract Review Board at their August 7,2014 meeting. CITY OF TIGARD FCS GROUP By: Marty Wine, City Manager By: opzed Contractor Representative IS - 2V Date Date EXHIBIT A SCOPE OF SERVICES SEWER SYSTEM WORK TASKS Task 1 1 Background and Existing Documentation Review The project team will review available documentation and discuss the City's current operations, rate-setting policies and practices, fiscal management philosophy, fiscal policies, contract provisions and other relevant planning/program documents. This background understanding will assist in setting the foundation and framework for the rate analyses,and will include review of: • Existing ordinances and methodologies regarding sewer connection fees • Existing funding sources and revenues • Existing Franchise Fee agreements • River Terrace Sanitary Sewer Master Plan and Financial Plan • Review of local Sanitary Sewer Surcharge Methods and Franchise Fee allocations within the CWS service district. Task 2 1 Data Collection/Validation Consultant shall provide a data needs list encompassing historical and projected revenue, expenses, customer data, fiscal policies, and planning information. The data will be reviewed, analyzed and validated for inclusion in the study process. Task 3 1 Establish Revenue Requirements Consultant shall establish overall rate-setting strategies that fully fund the comprehensive needs of the utility system by analyzing the following: • Capital infrastructure costs (identified in the water system plan (as amended with River Terrace projects) and City Developed CIP) • Expenses incurred to operate,maintain, and manage the system • Existing and future debt repayment and reserves • Cash flow needs • Fiscal policy achievement • Consultant will design the analysis to mirror the City's own funds and to be flexible and stable enough to analyze multiple scenarios. Tasks include: Task 3.1: Operating Forecast - The operating forecast is intended to identify future annual non- capital costs. Annual escalation factors will be applied for general inflation, labor and benefits. Adjustments will be made for new costs anticipated from additional staffing needs and other operating costs associated with maintaining the system along with initiating new or enhanced program activities such as incorporating River Terrace Financing Plan. Task 3.2: Evaluate Clean Water Services (CWS) and City Revenue Split - Review and explore alternative options for the revenue split between CWS and the City. Task 3.3: Cost Component Distribution- Complete a line item analysis of costs to determine the fixed and variable costs distribution of the system. Major cost component distribution (O&M, Debt, Capital,Franchise fee). 12 1 Pane Task 3.4: Capital Funding-The analysis will develop a capital funding plan that will determine an optimal mix of available resources from rate revenues, SDCs, customer contributions, existing cash reserves and debt financing to maintain ongoing financial health of the system and to smooth future rate impacts driven by capital funding. Task 3.5: Annual Rate Funded System Reinvestment - Review system reinvestment funding levels for appropriateness. System reinvestment has become a best management practice in the utility industry. It involves setting aside funds to accumulate a cash resource for future asset replacements,with the policy intent being to promote stable and moderate long-term rates and avoid burdening any single generation of customers with the cost of asset replacement. A system reinvestment funding component supported by rates will be evaluated. Task 3.6: Debt Service Requirements - Consultant shall include existing and any anticipated new issues in the revenue requirement along with meeting specific debt coverage ratios. Supply needed information to support Western Financial with upcoming revenue bond issue. Task 3.7: Reserve Analysis - Consultant shall review existing fund balance policies for compliance and recommend new fund balance targets as warranted. Task 3.8: Test of Sufficiency - Consultant shall evaluate the adequacy of current system revenues in meeting both cash flow needs and debt service coverage requirements. Overall revenue needs will be split between sufficiency in meeting CWS costs and local costs. Task 3.9: Annual Local Surcharge Rate Strategy -Develop an annual rate strategy to fully fund all system obligations and smooth rate impacts. Task 3.10: Sensitivity Analyses - Offer up to four (4) sensitivity analyses for each utility to evaluate the financial and rate impacts of changes to growth, project timing and priority, project funding, CWS and local costs splits or others specified by the City. Task 3.11: Franchise Fee/Other Policy Recommendations - Based on the Task 3 analysis, Consultant shall recommend changes to the current franchise fee charges and allotments for the City and CWS to consider. Task 4 1 Rate Design This task develops rates that generate sufficient revenue to meet the revenue requirement forecast. Because a complete cost-of-service analysis has not been included as part of this effort, this task will design rates based on across-the-board adjustments to revenue levels at existing rate structures. Task 5 1 Study Documentation and Presentation It will be important to interact frequently with City staff throughout the project; to make certain that the study develops work products collaboratively, reflecting the industry expertise of the project team and the specific needs and goals of City staff and management. Task 5.1: Meetings A. Kick-off meeting B. Two onsite project review meetings: draft and final C. Participate in conference calls and GoToMeeting sessions remotely as necessary to meet staff needs. 13 1 P ,i g. Task 5.2: Prepare Rate Study Report -Prepare and submit electronic and up to 10 copies of the draft report, summarizing all study assumptions, methodologies, analytical results and recommendations. The report will also include a technical appendix supporting the findings. Incorporate City comments on the draft, as appropriate, and submit an electronic copy of the final report. Task 5.3: Prepare a rate model and procedures guide for staff use -Prepare Microsoft® Excel spreadsheet model (see Task 7) and associated materials. Provide City staff training on the rate model and updates. Task 5.4: City Council Presentations - Prepare materials and present rate study findings at up to two (2) City Council meetings,and / or public hearings. Task 6 1 Assess Local System Development Charge Viability (optional/unbudgetea A system development charge is instrumental in capturing the proper value of the existing infrastructure used to provide service. Key tasks include the following: Task 6.1: Policy Review - Identify with staff any key policy questions surrounding the viability of a local wastewater SDC structure, basis, and / or calculation. Analyze policy choices and recommend a course of action on each policy question (up to three), possibly to include the following: • Basis of the charge (usage-based equivalent residential units,meter size, fixture units) • Allocation approaches to detern-iine project SDC eligibility • Discuss recoverable costs of existing wastewater system facilities (unused capacity available for future users) and calculate the"reimbursement fee"portion of the wastewater SDC. • Discuss the "improvement fee" portion of the SDC based on future needed wastewater capital improvements. Task 6.2: Study Documentation and Presentation - Prepare and submit a report summarizing the assumptions, recommended methodology, analytical approach and recommendations regarding the viability of a local SDC. Task 7 1 Management Tool—Financial Model Consultant shall provide an Excel spreadsheet financial model that will include a user friendly interface with a "Model Dashboard" that allows city staff to alter key assumptions pertaining to the Sewer Fund, Sewer SDC Fund and the city's Capital Improvement Program without affecting the core financial forecast. The dashboard centralizes major outputs such as rate increases, average monthly rates, and revenue requirement results in both numerical and graphical form in a simple interface tailored to the City's needs. A unique feature of the model dashboard allows the user to make adjustments over multiple years by adjusting the dashboard"view range." This unique feature facilitates longer-term planning and by allowing for more than a point-in-time analysis. 14 1 Pa;, c. PARKS SYSTEM DEVELOPMENT CHARGES Task 1 1 Data Collection& Review Consultant shall identify key variables needed to update the current Tigard Parks and Trails SDC methodology (last updated by Consultant in 2012). Consultant shall prepare an initial data request identifying data to be collected from the City for the Parks SDC study,including such items as an inventory of existing City parks, customer data, and the existing SDC ordinance. The City will also provide data that depicts parks acres by park type (undeveloped and developed) along with current estimates of trail lengths so that Consultant can determine/update levels of service for parks and trails. Once the initial data set has been obtained, Consultant shall review the data and make requests for any additional items or explanations, as necessary. Task 2 1 Policy Review Identify with staff any key policy questions surrounding the parks SDC structure, basis, and / or calculation. Analyze policy choices and recommend a course of action on each policy question (up to three),possibly to include the following: • Level-of-service based vs.improvements-based methodologies ➢ The current parks and trails level-of-service measures (measured as acres/1,000 residents for parks, and miles/1,000 residents for trails) will be reviewed by Consultant using input provided by City staff as part of Task 1. Consultant shall identify and compare the level of service measures for parks and trails using alternative methods, including: prior adopted LOS, existing (2014) LOS, and policy driven levels of service. The alternative LOS methods will be used in Task 3, as a sensitivity analysis, to determine the SDC eligibility levels (growth share) for parks, trails,and land acquisition. • Applicability of a non-residential parks SDC (in addition to residential) Task 3 1 Technical Analysis The parks and trails SDC analysis will take into account the Parks and Trails Master Plans, as well as the River Terrace Parks Master Plan,and include a sensitivity analysis of LOS measures that determine the SDC eligibility share for future parks and trails. The SDC analysis will include both a reimbursement fee (as applicable) and an improvement fee. The following task elements are included: Task 3.1: Calculate Growth - Quantify growth in population and use census data to convert that growth to dwelling units. Quantify growth in jobs and use census data and proprietary demand estimates to convert that growth to population equivalents. Task 3.2: Develop Reimbursement Fee - Identify the recoverable costs of existing parks system facilities and calculate the "reimbursement fee" portion of the parks and trails SDC for both residential and non-residential development. Task 3.3: Develop Improvement Fee - Calculate the "improvement fee" portion of the SDC for both residential and non-residential development, working with City staff, the parks and trails inventory and population information and growth forecasts, as well as any known parks capital improvement needs. Task 3.4: Perform Sensitivity Analysis - Consultant shall evaluate the alternative parks and trails LOS methods and their impacts on the SDC eligibility shares and SDC amounts. Evaluation 15 1 Pa , c measures would include: potential revenue generation, overall SDC amounts, and levels of non-SDC funding required to construct the facilities included in the parks and trails master plans. Consultant shall also quantify the revenue risk of uncertain demand for development and explore a parks and trails utility fee as a means of mitigating that risk. Task 4 1 Study Documentation and Presentation In addition to the analytical elements, the SDC study will require professional communication of findings and results. This will include interim reviews with City staff and management, report preparation, and presentations to the Council.The following task elements are anticipated: Task 4.1: Data Collection & Review Meetings - Prepare materials for and participate in up to two (2) on-site review meetings with City staff (and / or others such as the City Council and Planning Commission) for data collection and review of preliminary findings. Participate in conference calls and GoToMeeting sessions remotely as necessary to meet staff needs. Task 4.2: Prepare SDC Study Report -Prepare and submit electronic and up to 10 copies of the draft report, summarizing all study assumptions, methodologies, analytical results and recommendations. The report will also include a technical appendix supporting the findings. Incorporate City comments on the draft, as appropriate, and submit an electronic copy of the final report. Task 4.3: Prepare a draft SDC ordinance and resolution for review by City legal counsel. Task 4.4: Prepare an SDC procedures guide for staff use -Prepare materials for and participate in an on-site review meeting, to coincide with another scheduled meeting, with City staff to train staff on the SDC collection and administration of the SDC ordinance and resolution. Task 4.5: Prepare and provide a notice of public hearing for interested parties as required in ORS 223.304. Task 4.6: City Council Presentations - Prepare materials and present SDC findings at up to two (2) City Council meetings, Planning Commission meetings and / or public hearings. One of these sessions could take place at the beginning of the study, covering SDC basics and soliciting policy direction. 16 1 I' TRANSPORTATION SYSTEM DEVELOPMENT CHARGES Task 1 1 Data Collection & Review This task will include the following subtasks: • Review existing TDT Ordinance and methodology (to avoid duplication of SDC charges on eligible projects) • Review existing TDT fund balances,and prior annual expenditure data. • Review the Tigard TSP, Metro RTP and the River Terrace Transportation System Plan (TSP amendment) and all associated assumptions regarding: TSP policies, capital facility plans and related cost, capacity (LOS) and growth assumptions. • Meet with City staff to collect data and review land development assumptions, long-range capital improvement program assumptions, cost share assumptions, project timing, and level of service standards for roadways,bicycle and pedestrian facility components. Specifically, the Consultant will prepare a data request identifying specific information to be collected from the City for the SDC study. Once the initial data set has been obtained, we will review the data and make requests for any additional items or explanations as necessary. This task will also include the project kickoff meeting. The following task elements are included: Task 1.1: Data request - The Consultant shall prepare an initial request for data, including such items as the Comprehensive Annual Financial Report, the TSP, any updated capital plans, debt service schedules, fixed assets listings, existing SDC ordinances and methodologies, and growth assumptions. City staff will provide Consultant and subcontractors with estimated levels of service for roadway intersections, and data to be used to generate LOS estimates for pedestrian and bicycle facilities (e.g.,miles of sidewalks and bike lanes along collectors/arterial streets per 1,000 people). Task 1.2: Project kickoff meeting-The Consultant will meet with City staff to discuss key policy objectives, developable land assumptions, level of service standards and other key technical inputs, SDC methodology, task plan, and schedule. Key policy issues may include items such as the following: • Peak-hour v. average daily trip basis for transportation SDC • Reimbursement fee allocation methods • Improvement fee allocation methods • Sub-district boundaries • SDC credit policy • SDC exemptions and discounts • Annual SDC adjustments • Pedestrian and bicycle facility level of service (LOS) measurement methods, and LOS policies for pedestrian and bicycle facilities • Multimodal capital facility cost estimates and local (City) share assumptions • Multimodal capital facility improvement priorities. Note, this task may require city assisted public outreach to obtain and understand community preferences with regard to specific improvements or system improvements. Consultant team members will assist city in preparation of community surveys and in interpreting survey results. City staff will lead survey distribution, collection and tabulation. 171' ,1 c: Task 2 1 Technical Anal This task will include the following subtasks: • Develop draft multimodal SDC methodology options for discussion with City staff and City Council. Identify and evaluate appropriate SDC levels and provide a comparison of those charges with other comparable cities in the region. All methodologies and charges are expected to be in accordance with ORS Chapter 223 and other applicable state laws. • Specifically, the consultant will develop a transportation SDC that is consistent with the Tigard TSP and Washington County TDT, and legal with respect to ORS 223 and other applicable state laws. To the extent practical and defensible, the SDC analysis will include a reimbursement fee, an improvement fee, and an administration fee component. The following task elements are included in the technical analysis: Task 2.1: Cost and Growth Inputs - As needed, finalize project and existing asset lists, growth projections, etc., to reflect current conditions and reflect policy direction provided in Task 1. Task 2.2: Reimbursement Fee - Identify the recoverable costs of existing transportation system facilities and calculate the"reimbursement fee"portion of the SDC,as applicable. Task 2.3: Improvement Fee - Calculate the "improvement fee" portion of the SDCs, using information from the TSP, DKS traffic modeling data, City staff input, and other related financial and engineering information. Task 2.4: Compliance Fee - Determine and calculate the "compliance fee" portion of the SDC that includes administration cost elements (may include the cost of conducting SDC methodology reports and related studies). Task 2.5: Research Comparable SDCs - Develop a list of comparable SDCs for neighboring and / or similar communities, such as the following list developed for Cottage Grove. FCS GROUP will depict all pertinent SDCs (transportation,water,wastewater, stormwater and parks) to allow a useful comparison from a "total SDC cost" perspective for single family, multifamily and selected non- residential development prototypes (e.g, 4,000 SF sit-down restaurant, 12,000 SF office, 50,000 SF light industrial building). Task 3 1 TSDC Documentation and Presentation This task will include the following items: • After input from City Council and City Staff, develop a final report that identifies the local methodology and the basis of the new transportation SDC. • Attend public hearings and provide expert testimony for consideration by the City in adoptions of any change to the methodologies or charges suggested. Proposals should assume a single City Council hearing and meeting. Proposal should include an attendance fee if additional meetings are required. In addition to the analytical elements, the SDC study will require professional communication of findings and results. This will include interim reviews with City staff and management, report preparation, and presentation to the Council. The following task elements are included: 1811' x Task 3.1: Review Meetings - Prepare materials and participate in up to six (6) on-site meetings with City staff for review of preliminary findings. Task 3.2: Prepare SDC Methodology Report - Prepare and submit a draft report, summarizing all study assumptions, calculations, analytical results and recommendations. The report will also include a technical appendix supporting the findings. Incorporate City comments, as appropriate, and submit an electronic copy of the final report. Task 3.3: Prepare SDC Procedures Guide - Prepare and submit a draft SDC Procedure Guide, summarizing how SDC rates are to be calculated, and policies regarding SDC credits, exemptions, and procedures for amending the capital project list, and making SDC adjustments. Task 3.4: Prepare Public Notice -The required 90-day public notice will need to be published by the City in appropriate media in accordance with ORS 223. Task 3.5: City Council / Public Presentation - Prepare materials and present SDC findings at one (1) City Council work session and one (1) council meeting and/ or public hearing. The City may find it advisable to hold additional meetings with the City Council and / or interested parties. Consultant recommends holding at least one meeting with the development community to explain and discuss the proposed methodology. A per meeting cost is included in the budget in case the City does decide to add meetings. 19 1 Pale STORMWATER SYSTEM REVENUE Task 1 1 Background and Existing Documentation Review The Consultant's project team will review available documentation and discuss the City's current operations, rate-setting policies and practices, fiscal management philosophy, fiscal policies, contract provisions and other relevant planning/program documents. This background understanding will assist in setting the foundation and framework for the rate analyses. Key background documents include: • Existing ordinances and methodologies regarding surface water management fees • Existing funding sources and revenues • Existing agreements with CWS • River Terrace Stormwater Master Plan and Financial Plan • Review of local CIP and capital and O&M requirements to address emerging surface water quality and quantify facilities Task 2 1 Data Collection/Validation Consultant shall provide a data needs list encompassing historical and projected revenue, expenses, customer data, fiscal policies, and planning information. The data will be reviewed, analyzed and validated for inclusion in the study process. Task 3 1 Establish Revenue Requirements Consultant shall establish overall rate-setting strategies that fully fund the comprehensive needs of the utility system by analyzing the following: • Capital infrastructure costs (identified in the River Terrace Stormwater Plan and City Developed CIP) • Expenses incurred to operate,maintain,and manage the system • Existing and future debt repayment and reserves • Cash flow needs • Fiscal policy achievement Consultant shall design the analysis to mirror the City's own funds and to be flexible and stable enough to analyze multiple scenarios. Tasks include: Task 3.1: Operating Forecast - The operating forecast is intended to identify future annual non- capital costs. Annual escalation factors will be applied for general inflation, labor and benefits. Adjustments will be made for new costs anticipated from additional staffing needs and other operating costs associated with maintaining the system along with initiating new or enhanced program activities such as incorporating River Terrace Financing Plan. Task 3.2: Cost Component Distribution - Complete a line item analysis of costs to determine the fixed and variable costs distribution of the system. Major cost component distribution (O&M, Debt, Capital,Franchise fee, etc.). Task 3.3: Capital Funding-The analysis will develop a capital funding plan that will determine an optimal mix of available resources from rate revenues, SDCs, customer contributions, existing cash reserves and debt financing to maintain ongoing financial health of the system and to smooth future rate impacts driven by capital funding. 20 1' a , c Task 3.4: Annual Rate Funded System Reinvestment - Review system reinvestment funding levels for appropriateness. System reinvestment has become a best management practice in the utility industry. It involves setting aside funds to accumulate a cash resource for future asset replacements,with the policy intent being to promote stable and moderate long-term rates and avoid burdening any single generation of customers with the cost of asset replacement. A system reinvestment funding component supported by rates will be evaluated. Task 3.5: Debt Service Requirements - Consultant shall include existing and any anticipated new issues in the revenue requirement along with meeting specific debt coverage ratios. Task 3.6: Reserve Analysis -Consultant shall review existing fund balance policies for compliance and recommend new fund balance targets as warranted. Task 3.7: Test of Sufficiency - Consultant shall evaluate the adequacy of current system revenues in meeting both cash flow needs and debt service coverage requirements. Overall revenue needs will be split between sufficiency in meeting CWS costs and local costs. Task 3.8: Annual Rate Strategy - Develop an annual rate strategy to fully fund all system obligations and smooth rate impacts. Task 3.9: Sensitivity Analyses - Offer up to four (4) sensitivity analyses for each utility to evaluate the financial and rate impacts of changes to growth, project timing and priority, project funding, or others specified by the City. Task 4 1 Rate Design This task develops rates that generate sufficient revenue to meet the revenue requirement forecast. Because a complete cost-of-service analysis has not been included as part of this effort, this task will design rates based on across-the-board adjustments to revenue levels at existing rate structures. Task 5 1 Study Documentation and Presentation It will be important to interact frequently with City staff throughout the project; to make certain that the study develops work products collaboratively, reflecting the industry expertise of the project team and the specific needs and goals of City staff and management. Task 5.1: Meetings A. Kick-off meeting B. Two onsite project review meetings: draft and final C. Participate in conference calls and GoToMeeting sessions remotely as necessary with CWS staff. Task 5.2: Prepare Rate Study Report - Prepare and submit electronic copy of the draft report, summarizing all study assumptions, methodologies, analytical results and recommendations. The report will also include a technical appendix supporting the findings. Incorporate City comments on the draft,as appropriate,and electronic copies of the final report. Task 5.3: Prepare a rate model and procedures guide for staff use -Prepare Microsoft®Excel spreadsheet model (see Task 7) and associated materials. Provide City staff training on the rate model and updates. Task 5.4: City Council Presentations - Prepare materials and present rate study findings at up to two (2) City Council meetings, and / or public hearings. 211 Pa = z: Task 6 1 System Development Charge Update Task 6.1: Data Collection & Review - Identify any additional data to be collected from the City for the Stormwater SDC study, including such items as any updated capital plans, master plans, debt service schedules, fixed asset listings, customer data, and the existing SDC ordinance. Once the initial data set has been obtained,we will review the data and make requests for any additional items or explanations as necessary. Task 6.2: Policy Review- Identify with staff any key policy questions surrounding the stormwater SDC structure, basis, and / or calculation.Analyze policy choices and recommend a course of action on each policy question (up to three),possibly to include the following: • Basis of the charge (usually impervious surface area) • Allocation approaches to determine project SDC eligibility • Recommendations regarding SDC credit policies Task 6.3: Technical Analysis - The stormwater SDC analysis will be based primarily on information in the most recent master plan and staff and consultant knowledge. The SDC analysis will include both a reimbursement fee (as applicable) and an improvement fee. The following task elements are included: • Develop Reimbursement Fee. Identify the recoverable costs of existing stormwater system facilities (unused capacity available for future users) and calculate the "reimbursement fee" portion of the stormwater SDC. • Develop Improvement Fee. Calculate the "improvement fee" portion of the SDC, working with City staff, the list of needed stormwater capital improvements, the recommended allocation approach,and other related financial,planning, and engineering information. • Evaluate the feasibility of other funding sources. This may include local improvements districts, reimbursement districts, and special taxing districts to help fund regional stormwater improvements within River Terrace. Task 6.4: Study Documentation and Presentation - In addition to the analytical elements, the SDC study will require professional communication of findings and results. This will include interim reviews with City staff and management,report preparation,and presentations to the Council. Task 6.5: Review Meetings - Prepare materials for and participate in up to two (2) on-site review meetings with City staff(and / or others such as CWS, the City Council and Planning Commission) for data collection and review of preliminary findings. Participate in conference calls and GoToMeeting sessions remotely as necessary to meet staff needs. Task 6.6: Prepare SDC Study Report - Prepare and submit electronic and up to 10 copies of the draft report, summarizing all study assumptions, methodologies, analytical results and recommendations. The report will also include a technical appendix supporting the findings. Incorporate City comments on the draft, as appropriate, and submit an electronic copy of the final report. Task 6.7: Prepare an SDC procedures guide for staff use -Prepare materials for and participate in an on-site review meeting, to coincide with another scheduled meeting, with City staff to train staff on the SDC collection and administration of the SDC ordinance and resolution. 22 1 1' a g e Task 6.8: Prepare and provide a notice of public hearing for interested parties as required in ORS 223.304. Task 6.9: City Council Presentations - Prepare materials and present SDC findings at up to two (2) City Council meetings, Planning Commission meetings and / or public hearings. One of these sessions could take place at the beginning of the study, covering SDC basics and soliciting policy direction. Task 7 1 Management Tool—Financial Model The Consultant shall provide the City with an Excel spreadsheet financial model that will include a user friendly interface with a "Model Dashboard" that allows city staff to alter key assumptions pertaining to the Stormwater Fund, Stormwater Quality and Quantity Fund, and the Capital Improvement Program without affecting the core financial forecast. The dashboard centralizes major outputs such as rate increases,average monthly rates, and revenue requirement results in both numerical and graphical form in a simple interface tailored to the City's needs. A unique feature of the model dashboard allows the user to make adjustments over multiple years by adjusting the dashboard "view range." This unique feature facilitates longer-term planning and by allowing for more than a point-in-time analysis. 23 1 1' a � c EXHIBIT B CONSULTANT'S PROPOSAL Tigard Infrastructure Financing Services Estimated Work Schedule and Fee Estimate* Sewer System Work Tasks Angie S. Doug Carl Ray Target John Todd Virnoche, Gabbard, Sergey FCS Springer, Delahanty Completio Ghilarducci, Chase, Tech. Sr. Tarasov, FCS Tech. DIKS,Traffic ,DKS, Total Date FIC Sr.PM Advisor Consultant Proj.NIgrt Analyst Support Lead Planner Hours Labor Fee: Hourly-a 25 $2rO Sewer System V%brk Tasks Hours 1.Background and Existing Docurneritaboi 911/14 1 1 2 4 10 18 $2,785 2.Data CdledcNUalida6m 9/25/14 21 Customer data analysis 2 4 30 36 $4,860 3.Establish Revenue Requirements 3.1 Cperating Forecast 1019'14 1 1 2 4 $640 3.2 Evaluate CVGCity Revenue Split 199/14 1 2 4 7 $1,055 3.3 Cost Component Dstiibuton 199114 1 1 1 2 4 1 7 $1,055 3.4 Capital Funding 10`9114 1 2 4 7 $1,055 3.5 Amual Rate Funded System Reirr 10'9114 1 2 4 7 $1,055 3.6 Debt Service Raquitemerts 10116/14 1 2 4 7 $1,055 3.7 Reserve Analysis 10116/14 1 2 17 $1,055 3.8Test ofRevenue Sufficiency 10116114 1 2 4 7 $1,055 3.9AmualLocal 9aichargeRrategy 1416114 1 1 21 21 6 $1,205 3.10 Sensitivity Analysis 1011614 1 1 2 4 1 8 $1,255 3.11 Franchise Fee/Policy Reacnrrw 10/16114 1 1 1 2 5 $9B0 4.Rate Design 4.1 Across-the-BoardA4ustrrer[SLrd 10128114 1 1 2 6 10 $1,530 4.2 Usage FeeAciustmert Surcharge 10/28/14 1 2 4 12 19 $2,835 5.Documentation and Presentations Kck-o f meeling 8114/14 1 2 21 5 $980 Technical Review meeting 1 9125114 2 2 2 6 $1,180 Technical Rev ievvmeeling2 1923114 2 2 2 6 $1,180 Interim Coordination Calls biweekly 6 12 6 24 $4,890 Council V\bdcshop Materials 1928114 1 1 4 8 2 16 $2,235 Council Vbrkshop 11/18/14 8 8 $1,800 Council Fearing 12/8114 8 8 $1,800 Craft Rate Study Repot 11/5114 1 1 4 6 24 4 40 $5,615 Final Rate Study Report 11/1914 1 1 2 4 8 2 18 $2,685 Rate Model 12/3114 1 1 3 12 17 $2445 6.Assess Local SCC Mability 1923/14 $0 7,Management Tod-Financial Model 1 1213/14 0 $0 Subtotal Sewer 81 181 611 01 01 303 $48,28.5 24 Tigard Infrastructure Financing Services Estimated Work Schedule and Fee Estimate* Parks System Work Tasks Angie S, Doug Carl Ray Target John Todd Vinnoche, Gabbard, Sergey FCS Springer, Delahanty Completio Ghilarclucci, Chase, Tech. Sr. Tarasov, FCS Tech. DKS,Traffic ,DKS� Total ..- Paft Wwk Tasks Labor • - 1.Dab Collection/Review 9/2514 1 1 4 8 14 $2,005 2.Policy Review 12/18/14 1 1 4 6 $1,005 3.Technical Prkysis 1120/15 1 1 8 24 34 $4,585 4.DDcumenlatim ad Presentations KGk-offmeeting8/14/14 1 2 2 5 $915 Techrucal Review meeting 1 tbd 2 4 6 $980 Technical Review rreeling 2 tbd 2 4 6 $980 Interim Coordination Calls biweekly 4 12 16 32 $5,620 Council V+brkshop Mabarials 1/27/15 1 2 2 1 5 $990 CouncilVb*shop 2/17/15 2 4 1 7 $1,055 SDC Public Notice 323115 1 1 $145 Council Haring 6/23/15 1 11 41 1 1 5 $780 Daft SDC Methoddogy Report 1 5115/15 1 1 41 1 61 11 $1,555 Final SDC Methodology Report 6630/15 1 1 21 1 41 21 10 $1,365 SCC P ogres Chide 5115115 1 1 4 2 2 10 $1,405 Subtotal Parksl 12 28 01 63 01 441 61 01 01 153 $23,3s5 25 Tigard Infrastructure Financing Services Estimated Work Schedule and Fee Estimate* Transportation System Work Tasks Angie S. Doug Carl Ray Target John Todd Virnoche, Gabbard, Sergey FCS Springer, Delahanty Completio Ghilarducci, Chase, Tech. Sr. Tarasov, FCS Tech. DKS,Traffic ,DKS, Total Date PIC Sr.PM Advisor Consultant Proj.Mgrt Analyst Support Lead Planner Hours Labor Fee TransporMon .- TransporMon System VVA Tasks 1.Data Cdlecton/Review 9/30/14 1 2 8 14 2 16 r 43 $5,665 2.Technical Analysis 1/20/15 2.1 Cost&Growth Inputs 1 4 8 16 14 60 103 $13,375 2.2 Reirnbursement Fee 1 2 4 8 $2,205 2.31rrprovenient Fee 1 2 4 8 $2,205 2.4 Compliance Fee 1 4 8 $1,780 2.5 Research Carparable SDCs 2 2 8 $1,690 3.Documentation and Presentations Kck-offmeeting 9/18/14 1 2 2 2 2 9 $1,505 Technical Review rreebng 1 ibd 1 4 4 2 2 13 $2,195 Technical Revienv rneeting2 tbd 1 4 4 2 2 13 $2,195 Interim Coorcinabon Calls biweekly 1 24 1 12 8 2 68 $10,660 Ccundl VV)rkshop Materials 1/27/15 1 4 4 21 11 $1,755 Ccundl Workshop 2/17/15 2 4 2 8 $1,130 SDC Public Notice 3/23/15 1 1 $145 Council Fearing 6/23/15 1 4 2 7 $930 D-JtSDC Malhoddogy Repot 5/15/15 1 6 16 2 2 7 27 $4,145 Final SDC Methodology Report 6/30/15 1 11 4 2 2 10 $1,405 SLC Procedures Guide 5/15/151 11 11 1 41 1 2 2 10. $1,405 Subtotal Transportation 11 62 0 89 0 68 12 30 106 323 $54,390 26 1 - Tigard Infrastructure Financing Services Estimated Work Schedule and Fee Estimate* Stormwater System Work Tasks Angie S. Doug Carl Ray Target John Todd Virnoche, Gabbard, SLrgey FCS Springer, DeCompletio lahanty Date PIC Sr.PM Advisor Consultant Proj.Mgrt Analyst Support Lead Planner Hours Labor Fee: SWMWAN . - SWMWAN n Vk&k 1.Background and Existing 9130/14 1 2 4 8 2 17 $2,355 2.DataCollectimValidalon 10/30/14 1 1 4 8 2 16 $2,155 3.Establish Revenue Requirements 1/27/15 1 1 4 12 18 $2,505 4.Rate Design 3/5/15 2 1 8 8 19 $2,810 5.Docurnentabon and Presentation Kickoff meeting 9118/14 1 2 2 5 $915 Technical Review rneeling 1 tbd 1 2 2 5 $915 Technical Review/meeting 2 tbd 1 2 2 5 $915 Interim Coord nafion Calls biweekly 4 12 12 28 $5,040 Council V�txkshop Materials 1/27/15 1 1 4 1 7 $1,080 Council Vuxkshop 2/17/15 8 1 4 1 14 $2,655 Co rnl Haan 6/23/15 1 1 1 1 F2 $345 DrA Rate Study Report 5/15/15 21 2 8 16 21 30 $4,160 Final Rate Study Repot 6/30/15 1 2 4 2 2 11 $1,605 Rale Model 5/15/15 1 1 2 8 2 14 $1,865 6.Stamwater SDC 6.1 DataCollection/Review 10/30/14 1 2 4 8 2 17 $2,355 6.2 Policy Review 12/18/14 4 2 8 r14 $2,460 6.3 Technical Analysis 3/5/15 2 6 1 4 16 28 $4,230 6.4 Documentation and Presentations Technical Review meefing 1 tbd 2 2 4 $690 Technical Review rneefing2 tbd 2 2 4 $690 Int2rim Coordination Calls biweekly 4 12 12 28 $5,040 Cou nal VVAshop Materials 1/27/15 1 1 4 2 8 $1,155 Counal ftrkshop 2/17/15 1 4 2 7 $930 SDC Public Notice 3/23/15 1 1 $145 Caural Fearing 6/23/15 1 1 8 1 9 $1,360 Daft SDC Metinodology Report 5115/15 11 2 12 2 17 $2,515 Final SDC Udhodclogy Report 6/30/15 11 1 4 2 8 $1,155 SDC Procehires Guide 5/15115 11 1 4 2 2 10 $1,405 Subtotal Stormwaterl 401 641 01 130 0 66 24 0 01 346 $53,450 Note:cirect expenses will be billed at cost FCS will attend addtional meek gs at a cost of$700 per rneeling. 27