City Council Mayor Agenda City Council...The Council is requested to interview four applicants for the Ward 2 vacancy on the City Budget Committee. Since only one application was received

City Council

Agenda

City Hall

225 Fifth Street

Springfield, Oregon 97477

541.726.3700

Online at www.springfield-or.gov

The meeting location is wheelchair-accessible. For the hearing-impaired, an interpreter can be provided with 48

hours’ notice prior to the meeting. For meetings in the Council Meeting Room, a “Personal PA Receiver” for the

hearing impaired is available, as well as an Induction Loop for the benefit of hearing aid users.

To arrange for these services, call 541.726.3700.

Meetings will end prior to 10:00 p.m. unless extended by a vote of the Council.

All proceedings before the City Council are recorded.

March 2, 2020

AMENDED AGENDA

_____________________________

6:00 p.m. Work Session

Jesse Maine Room

_____________________________

(Council work sessions are reserved for discussion between Council, staff and consultants;

therefore, Council will not receive public input during work sessions.

Opportunities for public input are given during all regular Council meetings)

CALL TO ORDER

ROLL CALL - Mayor Lundberg ___, Councilors VanGordon___, Moe___, Moore____, Stoehr___,

Woodrow ___, and Pishioneri ___.

1. Budget Committee Interviews

[Neil Obringer] (30 Minutes)

2. City Manager Employment Agreement

[Mary Bridget Smith and Chaim Hertz] (20 Minutes)

ADJOURNMENT

City Manager Pro Tem:

Mary Bridget Smith

City Recorder:

AJ Ripka 541.726.3700

Mayor Christine Lundberg

City Council

Sean VanGordon, Ward 1 Steve Moe, Ward 2 Sheri Moore, Ward 3 Leonard Stoehr, Ward 4 Marilee Woodrow, Ward 5 Joe Pishioneri, Ward 6

Council Agenda

March 2, 2020

Page 2

____________________________

7:00 p.m. Regular Meeting

Council Meeting Room

_____________________________

CALL TO ORDER

ROLL CALL - Mayor Lundberg ___, Councilors VanGordon___, Moe___, Moore____, Stoehr___,

Woodrow ___, and Pishioneri ___.

PLEDGE OF ALLEGIANCE

SPRINGFIELD UPBEAT

1. Mayor’s Recognition

a. 2020 Groundwater Guardian Presentation to City Council

b. Women in Construction Week Proclamation

2. Other

CONSENT CALENDAR

1. Claims

2. Minutes

3. Resolutions

4. Ordinances

a. ORDINANCE NO. 1 - AN ORDINANCE AMENDING CHAPTER 6 VEHICLES AND TRAFFIC

SECTIONS 6.060(1) AND 6.045 OF THE SPRINGFIELD MUNICIPAL CODE REGARDING

COMMUNITY SERVICE OFFICER ENFORCEMENT OF PARKING VIOLATIONS, INCLUDING

PARKING FOR PERSONS WITH DISABILITIES (SECOND READING)

5. Other Routine Matters

a. Endorsement of OLCC Liquor License Application for The Pump Café, located at 710 Main Street,

Springfield OR 97477

b. Authorize City Manager to negotiate and execute a contract amendment with PacificSource Health Plans,

to 1)provide 2020 third party administration (TPA) Services for City self-funded medical, prescription and

vision claims 2) purchase stop-loss medical insurance coverage.

c. Approve Direct Appointment of Murray Smith for the Jasper Trunk Phase 3 Engineering Services Contract

in the amount of $346,857 and Authorize the City Manager to Execute the Contract.

d. Approve $11,523.82 of Project Change Orders Agreed upon by the City of Springfield Project Leader and

H&J Construction, Inc. that was beyond the initial project scope.

e. Authorize the City Manager Pro Tem to sign the Amendment on Contract C2375 with Public Consulting

Group, Inc. (PCG) to Increase the Payment due to Higher than Anticipated Revenues generated from the

Ground Emergency Medical (GEMT) FY18 Annual Cost Report.

Council Agenda

March 2, 2020

Page 3

MOTION: APPROVE/REJECT THE CONSENT CALENDAR

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARINGS - Please limit comments to 3 minutes. Request to speak cards are available at both

entrances. Please present cards to City Recorder. Speakers may not yield their time

to others.

BUSINESS FROM THE AUDIENCE - Limited to 20 minutes. Please limit comments to 3 minutes. Request

to Speak cards are available at both entrances. Please present cards

to City Recorder. Speakers may not yield their time to others.

COUNCIL RESPONSE

CORRESPONDENCE AND PETITIONS

BIDS

ORDINANCES

BUSINESS FROM THE CITY COUNCIL

1. Committee Appointments

2. Business from Council

a. Committee Reports

b. Other Business

BUSINESS FROM THE CITY MANAGER

1. Approval of Crosswalk Artistic Embellishments

[Brian Barnett] (10 Minutes)

MOTION: APPROVE/NOT APPROVE THE USE OF ARTISTIC EMBELLISHMENTS AT

CROSSWALKS

2. CDBG Draft One Year Action Plan

[Erin Fifield] (05 Minutes)

MOTION: APPROVE/NOT APPROVE A DRAFT FISCAL YEAR 2021 CDBG ONE YEAR ACTION

PLAN TO BE PUBLISHED FOR PUBLIC COMMENT.

3. Other Business

BUSINESS FROM THE CITY ATTORNEY

ADJOURNMENT

AGENDA ITEM SUMMARY Meeting Date: 3/2/2020 Meeting Type: Work Session Staff Contact/Dept.: Neil Obringer/Finance Staff Phone No: 541-736-1032 Estimated Time: 30 Minutes S P R I N G F I E L D C I T Y C O U N C I L

Council Goals: Provide Financially Responsible and Innovative Government Services

ITEM TITLE:

BUDGET COMMITTEE INTERVIEWS

ACTION REQUESTED:

Conduct interviews for three vacancies on the Budget Committee for Wards 1, 2 and 5.

ISSUE STATEMENT:

Applicants are being sought to represent Wards 1, 2 and 5 where former committee members either resigned or their terms expired. The recruitment for these vacancies opened on January 10, 2020 and closed on February 10, 2020. No applications were received for Ward 5 so the recruitment was reopened from February 18th through February 21st during which no applications were received. One candidate applied for Ward 1 and four applicants applied for Ward 2. Each appointee will serve a three year term that will expire on December 31, 2022.

ATTACHMENTS: Attachment 1 – Interview Questions Attachment 2 – Ward 1 Luke Lundberg Application (term expired on 12/31/19) Attachment 3 – Ward 2 James Coldren Application Attachment 4 – Ward 2 Holle Bauer Schaper Application Attachment 5 – Ward 2 George Jessie Application Attachment 6 – Ward 2 Jamie Rivas Application Attachment 7 – Budget Committee Charge

DISCUSSION/ FINANCIAL IMPACT:

The Council is requested to interview four applicants for the Ward 2 vacancy on the City Budget Committee. Since only one application was received for Ward 1 and the applicant is reapplying to serve a second term, staff intends to bring the applicant back for appointment during Regular Session without an interview. As no applications were received to fill the Ward 5 vacancy Council may elect to appoint one of the Ward 2 applicants to fill that position. Councilors may use any of the questions off the sample list or provide one of their own but should be consistent with their questions for all candidates. Committee appointments are scheduled during the March 16th Regular Session. The City’s charge for the Budget Committee (Attachment 7) states as a qualifier that 6 members from the Council and 6 citizens by Ward shall make up the Budget Committee (Citizen members may not be officers, agents or employees of the City, per ORS 294.336(4).

ATTACHMENT 1, PAGE 1 OF 1

Budget Committee Interview Questions

1. Why are you interested in serving on/continuing to serve on the Budget Committee?

2. Describe your professional and personal experience as it relates to your desire to become a Budget Committee Member.

3. Describe your familiarity with the City’s budget.

4. While all of the Springfield services seem to have strong support from different areas of the community, it is often necessary to prioritize services for budgetary reasons. How would you go about the task of establishing priorities among services?

5. Often times the members of the Budget Committee have different opinions on how the citizens’ money should be spent. What is your experience with working as a member of a diverse group and helping to ensure that all opinions are heard and considered?

6. If you were on the Budget Committee and were looking at one of the City’s services to decide how much should be funded through general taxes and how much through specific fees on customers, what questions would you want to have answered in order to make your decision?

7. How do you think the work of the Budget Committee will improve our community?

Attachment 2, Page 1 of 2









rgrimes

Typewritten Text

Received 02/10/2020 1:34 p.m. RFG

rgrimes

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Typewritten Text


February 19, 2019 Budget Committee

CHARGE

The Budget Committee is provided for in State Law. It is responsible for reviewing the

financial plans and policies of the City, including the review of the Annual Budget and

the recommendation of the Annual Budgets to the City Council.

Source of Existence: State/Council

Bylaws: No

Code: No

Sunset Date: Mandatory

Membership

Number: 12

In City: 12

Out of City: None

Terms (2 max): 3-Years staggered terms

Ward: Yes (not required by State Law)

Qualifier: 6 members from the Council and 6 citizens by Ward

(Citizen members may not be officers, agents or

employees of the City, per ORS 294.336(4).

Appointed By: Council application and interview

Meeting Time: Varies through Budget Season

Funding Source: General Fund

Staff Liaison: Gino Grimaldi, City Manager, 726-3700

Nathan Bell, Finance Director, 726-2364

Council Liaison: All Council

(Note: the Mayor may participate with the approval

of the Budget Committee as an ex-officio, non-voting

member.)

cmo/common/bcc/budget

Last Revised: 2/19/19


AGENDA ITEM SUMMARY Meeting Date: 3/2/2020

Meeting Type: Work Session Staff Contact/Dept.: Mary Bridget Smith/

CAO, CMO

Chaim Hertz/HR

Staff Phone No: 541-744-4061

Estimated Time: 20 Minutes

S P R I N G F I E L D

C I T Y C O U N C I L

Council Goals: Provide Financially

Responsible and

Innovative Government

Services

ITEM TITLE: CITY MANAGER EMPLOYMENT AGREEMENT

ACTION

REQUESTED:

Provide direction and feedback with regard to the draft City Manager Employment

Agreement and authorize City Manager Pro Tem to send an offer letter to finalist.

ISSUE

STATEMENT:

The City Council has identified Nancy Newton as the final candidate for City

Manager and desires to move forward with contract negotiations. The purpose of

this work session is to consider the terms and conditions in the attached draft

Employment Agreement and provide direction and feedback.

ATTACHMENTS: Attachment 1: Draft Employment Agreement

Attachment 2: Draft Offer Letter

Attachment 3: City Manager Comparable Data

DISCUSSION/

FINANCIAL

IMPACT:

After a comprehensive recruitment process for the position of City Manager

including community engagement, panel interviews and deliberations, the Council

has selected Nancy Newton as the final candidate for City Manager.

The Council appoints the City Manager, and the terms of conditions of her

employment are set by an employment contract. In addition to contract terms,

Council may also wish to provide direction regarding the format and schedule for a

performance review and ideas for introducing her to the City and community.

Council packet includes the draft contract, draft job offer letter, and wage

comparative data. HR is recommending a total economic package of $197,181

which is 3% below average but close to market average when adjusted based on the

cost of labor. HR also anticipates the comparative data to increase between 2.5 to

3% in July of 2020.

EMPLOYMENT AGREEMENT - Page 1 of 6 {00015102:1}

EMPLOYMENT AGREEMENT

This Employment Agreement (“Agreement”) is between the City of Springfield, an Oregon municipal corporation (“Employer”) and Nancy Newton (“Employee”).

STATEMENT OF PURPOSE Employer desires to employ Employee as City Manager for the City of Springfield and Employee desires to accept the position of City Manager for the City of Springfield.

TERMS OF AGREEMENT The parties agree to the following terms: Section 1: Duties and Authority Employer agrees to employ Employee as City Manager. Employee agrees to serve as City Manager and to be responsible for administrative actions of the City exercising the authority given to the City Manager by state law, the City Charter and Code, and as otherwise delegated by the City Council to the City Manager. The authority of City Manager, consistent with state law, City Charter or ordinance, shall include, but not be limited to the following: A. The overall management, administration, and direction of City operations; B. The selection, hiring, discipline, and termination of all City employees; C. Prepare and recommend the annual budget; D. The negotiation, execution, and administration of City contracts within budget appropriations pursuant to City policy and ordinance; and E. Keep Council advised of the affairs and needs of the City and maintain an open communication with the community to foster responsive and courteous public service. Section 2: Term of Employment Employees employment shall commence on the date set forth in Section 18 of this Agreement. Employee shall remain in the exclusive employ of the Employer subject to termination of employment by either party as provided in this Agreement. Section 3: Compensation A. Base Salary. Employer agrees to pay Employee at the rate of $84.14 per hour which is approximately $175,000.00 per year payable at the same time that the other employees of Employer are paid. B. Automobile. Employer agrees to pay Employee an automobile allowance in the amount of $133.85 per pay period (every two weeks).



C. Smart Phone. Employer agrees to pay Employee a smart phone allowance in the amount of $45.00 per month ($22.50 first and second pay period of the month). D. Adjustments. Consideration shall be given on an annual basis to adjust compensation. Section 4: Health, Disability and Life Insurance Benefits Employer agrees to provide coverage and to make the required Employer premium payments for Employee for comprehensive medical and dental insurance, long-term disability insurance, and life insurance on the same basis as provided to other management employees. Employee shall be governed by the coverage waiting periods required by the Employer’s policies. Section 5: Paid Time Off A. Accrual. Employee is entitled to accrue all unused Paid Time Off subject to the limitations found in the City’s Administrative Regulation, Paid Time Off (PTO). In the event Employee’s employment is terminated, either voluntarily or involuntarily, Employee shall be compensated for one year of accrued Paid Time Off leave to the date of termination. In the event of Employee’s retirement or death, compensation shall be paid for all accrued Paid Time Off leave to the date of retirement or death. B. Paid Time Off Preload. Employee shall receive credit for 160 hours of accumulated Paid Time Off commencing on the effective date of this Agreement. Section 6: Retirement Benefits A. PERS. The City is an Oregon PERS covered Employer. Employee shall be enrolled in PERS in accordance with PERS requirements upon employment with Employer. Employer shall pay both the Employer’s and the Employee’s portion of the PERS contribution. Employer agrees to provide the same opportunity for retirement benefits that are provided to General Service employees. B. Deferred Compensation. Employee is authorized to participate in Employer’s deferred compensation program. Employer agrees to contribute an amount equal to 4% of Employee’s base salary to Employee’s deferred compensation account payable in installments at the same time as regular employee contributions are made. Section 7: General Business Expenses A. Dues and Subscriptions. Employer acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable membership fees and/or dues to enable Employee to become an active member in local civic clubs or organizations. Employer agrees to pay for professional dues and subscriptions of Employee necessary for continuation and full participation in national, regional, state, and local associations, and



organizations necessary and desirable for Employee’s continued professional participation, growth, and advancement, and for the good of Employer. B. Travel and Subsistence Expenses. Employer agrees to pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including but not limited to the ICMA Annual Conference, the League of Oregon Cities Annual Conference, and such other functions of national, regional, state, and local governmental groups and committees in which Employee serves as a member. C. Budgetary Approval. Payment of any of the general business expenses identified in this Section shall be subject to approval through the City budget process. Section 8: Termination of Employment A. At Will Employment. The City Council may, subject to the provisions set out below, terminate the services of the Employee at any time, with or without cause, it being expressly understood and agreed between the parties that Employee serves as an at-will employee of the City Council. B. Notice and Severance Pay. In the event that Employee’s employment is terminated without cause while employee is still willing and able to perform her duties, Employee shall be entitled to: (i) Not less than sixty (60) days’ prior notice of such termination; and (ii) A severance payment equal to six (6) months of salary, plus an additional month for each year of service capped at nine (9) months. Employee shall also receive COBRA continuation coverage for health insurance as severance compensation for the same time period Employee is receiving a severance payment provided Employee signs a full and final release of all claims, known or unknown, arising out of her termination from employment as a condition precedent to receiving severance compensation. Employer will pay 90% of the COBRA premium for health insurance coverage for Employee, unless otherwise provided by law. C. Exceptions to Notice and Severance Pay Requirements. Employee shall not be entitled to prior notice of termination, or a severance payment and extended benefits listed in B above, in any of the following events: (i) Employee is terminated for cause, which shall mean willful misconduct, willful failure to carry out or abide by the lawful directions or decisions of the City Council, dishonesty or gross malfeasance. (ii) Employee is convicted of a crime. (iii) Employee resigns or retires from her employment with Employer. (iv) Employee becomes physically or mentally unable to perform the essential duties of the City Manager with reasonable accommodation as required by law.



D. Resignation. Employee shall provide Employer not less than 30 calendar days’ advance notice of termination of her employment by resignation or retirement. Section 9: Performance Evaluation and Feedback Employee will seek frequent informal feedback on performance from the Mayor and individual City Council members. A more formal performance review will be conducted by the City Council as a body each year, and at any other time that the City Council, in its sole discretion, desires to conduct a review. Section 10: Hours of Work It is recognized that Employee must devote a great deal of time outside the normal office hours of business for Employer, and to that end Employee shall be allowed to establish an appropriate work schedule. Section 11: Outside Employment and Activities The employment provided for by this Agreement shall be Employee’s sole employment. Employee shall at all times loyalty and conscientiously perform all the duties and obligations required of her, either expressly or implicitly, by the terms of this Agreement. Employee shall devote full time to this position and responsibilities, and shall not accept any additional employment without advance approval of the Employer, in its sole discretion. Section 12: Residency In accordance with the City Charter, Employee agrees to establish residency within the City limits of the City of Springfield within six (6) months of the effective date of this Agreement. Section 13: Relocation Allowance Employer agrees to reimburse Employee for the actual moving expenses incurred to move Employee’s household to Springfield in an amount up to $10,000. Employee shall be required to obtain three bids from moving companies but will be permitted to select her preferred company. Employees agrees to repay Employer for the full amount of this reimbursement in the event employment with the Employer is separated within twelve (12) months of her active date of employment. Section 14: Indemnification Beyond that required under federal, state, or local law, Employer shall defend, hold harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee’s duties as City Manager or resulting from her exercise of judgment or discretion in connection with the performance of her duties or responsibilities, unless the act or omission involved willful or wanton conduct. Employee may request and Employer shall not unreasonably refuse to provide independent legal representation at



Employer’s expense. Legal representation, provided by Employer for Employee, shall extend until a final determination of the legal action including any appeals brought by either party. Employer shall indemnify Employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorney fees, and any other liabilities incurred by, imposed upon or suffered by Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of her duties, unless the claim, action, suit or proceeding arises as a result of willful or wanton conduct. Any settlement of any claim must be made with prior approval of Employer in order for indemnification, as provided in this Section, to be available. Section 15: Bonding Employer shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance. Section 16: Other Terms and Conditions of Employment A. Amendment. Employer may, upon agreement with Employee, fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City of Springfield Charter or any other law. B. Administrative Regulations. Except as otherwise provided in Agreement, Employee is bound by the City of Springfield’s Administrative Regulations and Employee Manual. Section 17: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows:

EMPLOYER: City of Springfield 225 Fifth Street Springfield, OR 97477 541-746-3700

EMPLOYEE: Nancy Newton ___________________________ ___________________________ ___________________________

Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 18: General Provisions



A. Integration. This Agreement sets forth and establishes the entire understanding between Employer and Employee relating to the employment of Employee by Employer. Any prior agreements, discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this Agreement during the life of this Agreement. Such amendments shall be incorporated into and made a part of this Agreement. B. Binding Effect. This Agreement shall be binding on Employer and Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Effective Date. This Agreement shall become effective on _________________, 2020. D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity or any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. E. Waiver. Failure of either party at any time to require performance of any provision of this Agreement shall not limit the parties’ right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision itself of any other provision. IN WITNESS WHEREOF, Employer has caused this Agreement to be signed and executed in its behalf by its Mayor and Employee has signed and executed this Agreement, both in duplicate, the day and year first written above. CITY OF SPRINGFIELD: EMPLOYEE: _________________________________ _________________________________ Christine Lundberg, Mayor Nancy Newton Date: ____________________________ Date: ____________________________ APPROVED AS TO FORM & CONTENT: _________________________________ Mary Bridget Smith, City Attorney Date: ____________________________


CITY OF SPRINGFIELD, OREGON

225 FIFTH STREET SPRINGFIELD, OR 97477 541) 726-3705 FAX (541) 726-4614 www.springfield-or.gov

February 10, 2020 NAME ADDRESS CITY STATE ZIP SUBJECT: Offer of Employment Dear NAME, Congratulations! The City of Springfield is pleased to offer you the position of City Manager. The purpose of this letter is to summarize some of the proposed terms and conditions of your employment contract. When you sign this letter of employment, you are stating that you understand and accept these conditions. Starting Date: You will begin your employment on START DATE. Please report to SUPV NAME in the at DEPT NAME department located at ADDRESS. Human Resources will review general terms and conditions of employment with you during orientation soon after you begin working at the City. On your first day, please bring documentation to show that you are eligible to work in the United States. Most employees bring their driver’s license and social security card or birth certificate. However, you are welcome to bring any document(s) which satisfy Form I-9 requirements. Please contact Human Resources at (541) 726-3705 or see the US Citizenship and Immigration Services website (www.uscis.gov/i-9) for more information. Wages: Your base annual compensation will be $175,000 ($84.14 per hour), plus 4% of salary to deferred compensation, and an auto allowance of $133.85 per pay period (every 2 weeks) and cell allowance of $45 per month (first two pay periods of the month). Employees are highly encouraged to enroll in direct deposit and to access their pay advice electronically. A form for enrollment into direct deposit and electronic self service will be provided on the first day of employment. Please bring current bank account information (i.e. voided check) to complete required payroll forms. Benefits: Your health and dental benefits are effective the first of the month following your start with the City (April 1, 2020??). A summary of the benefits and rates available to non-represented employees is available on the City’s website. Along with several City-provided and voluntary benefit programs, you and your covered dependents will have access to the Springfield Wellness Clinic at no cost to you. Benefit coverage will be addressed in your new employee orientation.


http://www.springfield-or./

http://www.uscis.gov/i-9

Personal Time Off (PTO): A balance of 160 hours will be credited to your PTO bank on your first day of employment. Your regular rate of accrual will follow the PTO policy that applies to other non-represented employees. Membership(s): The City will pay for Oregon City/County Management Association (OCCMA) and International City/County Management Association (ICMA) membership while employed with the City. Household Moving Allowance: The City will reimburse you for the actual cost of moving your household to Springfield up to $10,000 with receipts. You will be required to obtain at least three bids from moving companies but you may select your preferred mover. City Residency Requirement: By City Charter, you are required to establish residency within the city limits of the City of Springfield. Retirement: The City of Springfield participates in the Oregon Public Employees Retirement System (PERS). The City will pay the employee /employer contribution toward PERS upon eligibility. This employment offer is based on the truth and accuracy of all statements made by you, orally or in writing, as part of the process to date. Should it be determined at any time that any of those statements were false in any material respect, your employment with the City may be terminated. This offer of employment is also contingent, in part, on the following conditions:

The results of your background and reference checks

Confirmation of your employment and education history

Proof of your legal right to work in the United States If you agree to the terms of this offer, please indicate so by signing this letter. The signed originals should be returned to Chaim Hertz in Human Resources at 225 5th Street, Springfield OR, postmarked no later than at RETURN BY DATE. Sincerely, Christine Lundberg Mayor, City of Springfield

Acceptance: I accept employment with the City of Springfield according to the terms set forth in this letter.

Signature Date


Population*PSU Estimate

Salary as of

2/4/2020 Deferred Comp

Auto/IT

Stipend Other6% PERS

Pickup

PERS

Tier? TOTALCost of

Labor

Adjust

TotalNOTES

Beaverton 97,000 $185,004.00 $0 $0 $0 $11,100 OPSRP $196,104 93% $182,377 Strong Mayoral form of government; no CM position. Everyone reports directly to this Mayor position.

Bend 89,505 $185,338.00 $6,000 $4,560 $11,754 2 $207,652 99% $205,575

Medford 80,024 $170,000.00 $1,700 $6,000 $4,980 $10,200 1 $192,880 100% $192,880"Other" includes $780 annual cell phone allowance, $4200 annual VEBA contribution. Not included: $19,500 annual contribution toward health insurance (medical, dental, vision, Rx).

Corvallis 59,280 $187,949.00 $14,598 $540 $12,185 1 $215,272 99% $213,1198% deferred comp; phone stipend $45/mo; city-paid health insurance; city-contribution to HSA $250/mo; city-contribution to RHSP 1% for wellness incentives

Albany 53,145 $167,303.04 $5,856 $4,560 $2,000 $10,663 OPSRP $190,382 100% $190,382 $3600 auto + $960 cell. $200 VEBA

Tigard 52,785 $184,000.00 $29,440 $4,360 $1,600 $0 NA $219,400 93% $204,042Tigard is not in PERS; our 401(a) plan has NO employee pick-up; it is a defined contribution plan- City pays 11% toward employee contributions for all Mgt. staff; COLA 7-19 on base of 3.0% or 3.5%;$4K/yr auto, $30/mo phone; $1000/yr life insurance, $50 HRA/VEBA

$179,932.34 $9,598.93 $11,372 $203,615 $198,063

Springfield

Proposal$175,000 $7,000 $4,020 $11,161 $197,181 100% $197,181

DOH=

Base Wage=

Deferred Comp=

PERS=

Auto Allowance=

Smartphone=

PTO=

Relocation=

Membership =

Severance =

* Residency requirement

Averages =

Up to $10,000

Membership and attendance

6 months with 1 month for each of service. Cap at 9 months

Employer paid 6%

March 16th

$175,000

4% of base

$133.85 per pay period ($3,480.10 annual)

$45.00 per month ($540.00 annual)

Pre-load 160 hours


March 2, 2020 Springfield Upbeat 2020 Groundwater Guardian Presentation to City Council Springfield has received its designation as a Groundwater Guardian community for 2019, our twenty-third consecutive year. Meghan Murphy, Environmental Services Technician from the City of Springfield, and Amy Chinitz, SUB’s Drinking Water Source Protection Coordinator, will present the Groundwater Guardian plaque to the Council. The Groundwater Guardian team is made up of 14 members who represent different sectors of our community and come together with the joint purpose of championing the protection of Springfield’s groundwater. Examples of past Groundwater Guardian projects include design and installation of drinking water protection signs, the student well-water testing lab and field studies, development and distribution of a septic tank maintenance brochure, participation in Lane County household hazardous waste round-ups, and education about stormwater management. The City Council’s continued support of the Springfield Groundwater Guardian volunteer team helps fill a vital niche in continuing to protect the community’s drinking water.

Women in Construction Week Proclamation March 1-7, 2020

WHEREAS, The National Association of Women in Construction (NAWIC) was founded by 16 women working in the construction industry in 1953, and was established in 1955 in Fort Worth, Texas; and

WHEREAS, The National Association of Women in Construction Chapter 77 is a not-for-profit organization which promotes women's advancement and growth in the construction industry through education, support and community involvement throughout Eugene, Springfield and Lane County; and

WHEREAS, NAWIC Chapter 77 has unceasingly promoted the employment and advancement of women in the construction industry; and

WHEREAS, NAWIC Chapter 77 partners with local elementary schools and high schools with their Building Contest and CAD-Draft Competition to promote and encourage creative construction activities in our youth; and

WHEREAS, The construction community, represented by NAWIC Chapter 77, has been a driving force in fostering community development through renovation and beautification projects; promotion of skilled trade careers; and a positive vision of the future.

NOW THEREFORE, I, Christine L. Lundberg, Mayor of Springfield, Oregon, do hereby recognize NAWIC Chapter 77 and its many dedicated volunteers who work on behalf and support women in construction and proclaim March 1-7, 2020 as Women in Construction Week.

_________________________________ Christine L. Lundberg Mayor

aripka

Sticky Note

Unmarked set by aripka


Meeting Type: Regular Meeting Staff Contact/Dept.: Kristina Kraaz/CAO


Estimated Time: Consent Calendar



Council Goals: Strengthen Public Safety

by Leveraging

Partnerships and

Resources

ITEM TITLE: PARKING FOR PERSONS WITH DISABILITIES CODE UPDATE

ACTION

REQUESTED:

Hold a second reading and adopt/not adopt the following ordinance:

AN ORDINANCE AMENDING CHAPTER 6 VEHICLES AND TRAFFIC

SECTIONS 6.060(1) AND 6.045 OF THE SPRINGFIELD MUNICIPAL CODE

REGARDING COMMUNITY SERVICE OFFICER ENFORCEMENT OF

PARKING VIOLATIONS, INCLUDING PARKING FOR PERSONS WITH

DISABILITIES (SECOND READING)

ISSUE

STATEMENT:

Should the City Council update the Springfield Municipal Code (1) to allow

Community Service Officers to issue parking tickets under state statutes, and (2) to

incorporate Oregon state laws regarding parking for persons with disabilities?

ATTACHMENTS: Attachment 1: Ordinance

DISCUSSION/

FINANCIAL

IMPACT:

A public hearing on this Ordinance was held on February 18, 2020. Ruth Onsum of

Springfield provided testimony that she is wheelchair user and that it is difficult for

her to find safe and accessible parking for her van, when non-wheelchair users use

wheelchair user-only spaces.

To allow CSOs to issue tickets for improper parking in these spaces, the Springfield

Municipal Code must be updated to (1) authorize CSOs to issue parking tickets

under state parking laws, and (2) update the code to incorporate the current state

statutes regarding parking for persons with disabilities.

CSOs currently have authority in the City of Springfield to enforce municipal

parking violations, but have not been granted authority by the municipal code to

enforce state or county parking laws. The proposed ordinance updates the

municipal code to allow CSOs to issue tickets for parking violations of state or

county laws, including state laws that regulate parking for persons with disabilities.

Under Oregon state law, only a person with a “Wheelchair User” placard can park

in spaces marked “Wheelchair User Only.” A person with another type of disabled

parking placard cannot park in “Wheelchair User Only” spaces. However, the

Springfield Municipal Code section regarding parking for persons with disabilities

does not reflect the different types of parking placards that the DMV issues to

persons with disabilities. The proposed ordinance updates the code to incorporate

state laws regarding parking for persons with disabilities, including the laws that

regulate “Wheelchair User Only” parking.

PAGE 1 of 2

CITY OF SPRINGFIELD, OREGON ORDINANCE NO. ___________ (GENERAL)

AN ORDINANCE AMENDING CHAPTER 6 VEHICLES AND TRAFFIC SECTIONS 6.060(1) AND 6.045 OF THE SPRINGFIELD MUNICIPAL CODE REGARDING COMMUNITY SERVICE

OFFICER ENFORCEMENT OF PARKING VIOLATIONS, INCLUDING PARKING FOR PERSONS WITH DISABILITIES

WHEREAS, patrol community service officers provide needed support to police officers and the

Springfield Police Department by performing paraprofessional and related duties including parking

enforcement; and

WHEREAS, patrol community service officers aid in maintaining order and public safety through

enforcement of parking and standing ordinances; and

WHEREAS, accessible parking for persons with disabilities is a requirement under the Americans with

Disabilities Act (ADA), and use of such parking is privileged to those who have obtained and display the

appropriate placard or decal issued by the Oregon Department of Transportation, including “Wheelchair

User” placards or decals; and

WHEREAS, the City recognizes the need to enforce ordinances and state laws that regulate parking,

and standing, including ordinances and laws that regulate parking for persons with disabilities; and

WHEREAS, it is in the public interest to authorize patrol community service officers to enforce City

ordinances and state laws that regulate parking and standing, including ordinances and laws that

regulate parking for persons with disabilities,

NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:

Section 1. Subsection 6.060(1) of Chapter 6 Vehicles and Traffic is hereby amended to read as follows:

“(1) Police officers and patrol community service officers shall enforce the terms of sections

6.005 to 6.075 as well as parking violations defined by state or county laws, by appropriate marking of vehicles and the issuance of citations for violations or impoundment, or both.”

Section 2. Section 6.045 “Disabled Person Spaces” is hereby retitled as “Parking for Persons

with Disabilities” and amended to read as follows: “6.045 Parking for Persons with Disabilities. The statutes contained in ORS Chapter 811 relating to parking for persons with disabilities as

currently in effect, are adopted by reference and made part of this chapter.” Section 3. Severability Clause. If any section, subsection, sentence, clause, phrase or

portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent


PAGE 2 of 2

jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof.

ADOPTED by the Common Council of the City of Springfield this ___ day of __________, 2020, by a vote of _____ for and ____ against.

APPROVED by the Mayor of the City of Springfield this ______ day of ___________, 2020.

_______________________

Mayor ATTEST: __________________________ City Recorder


AGENDA ITEM SUMMARY Meeting Date: 3/2/2020 Meeting Type: Regular Meeting Staff Contact/Dept.: Robin Holman - DPW Staff Phone No: 541-726-3662 Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L

Council Goals: Mandate

ITEM TITLE: LIQUOR LICENSE APPLICATION FOR A CHANGE OF OWNERSHIP FOR

HM PUMP CAFE CORPORATION, DBA: THE PUMP CAFE.

ACTION REQUESTED:

Endorsement of OLCC Liquor License Application for The Pump Cafe, located at 710 Main Street Springfield, OR 97477.

ISSUE STATEMENT:

The owner of HM Pump Cafe Corporation has requested the City Council to endorse its OLCC Liquor License Application.

ATTACHMENTS: Attachment 1: OLCC Liquor License Application.


The license endorsement for HM Pump Cafe Corporation, DBA: The Pump Cafe is for a Change of Ownership with Limited On-Premises Sales. The license application has been reviewed and approved by the appropriate City Departments.

ffi OREGON LIQUOR CONTROL COMMISSION

LIQUOR LICENSE APPLICATION1. Application. Do not include any OLCC fees with your application packet (the license fee will be collected at a later

time). Application is being madefor:

Z. ldentifythe applicant(s) applyingforthe license(s). ENTITY (example: corporation or LLC)or INDIVIDUAL(S) applying

for the license(s):

Hi t\A iAwt Cr^&- &>v ovr>+iOr'\(Applicant #1) (Applicant#2)

License Applied For: ClW AND COUNTY USE ONLY

Date application received andlor date stamp:

Name of City or County:

Recommends this license be:

E Granted E Denied

Date

tr Brewery 1st Location

! Brewery 2nd Location

tr B 3rd Location

Brewery-Public House 1st Location

tr Brewery-Public House 2nd Location

n Brewery-Public House 3rd Location

tr Distillery

tr Full on-Premises, Commercial

tr FullOn-Premises, Caterer

tr Full On-Premises, Passenger Carrier

n Full On-Premises, Other Public Location

n Full On-Premises, For Profit Private Club

n FullOn-Premises, Nonprofit Private Club

n Grower Sales Privilege 1st Location

n Grower Sales Privilege 2nd Location

tr Grower Sales Privilege 3rd Location OLCC USE ONLY

Date application rece

€

By

Lice Action(s)

clo 4 cln{

\Z/Limiteo on-Premises

! off-Premises

n Off-Premises with Fuel Pumps

f] Warehouse

E Wholesale Malt Beverage & Wine

fl Winery Lst Location

E Winery 2nd Location

Wine 3rd Location

Wine 4th Location

Winery 5th Location

(Applicant #3) (Applicant#4)

3. Trade Name of the Business (Name Customers Will See)

Ttna Pw* Cc.{ e-4. Business Address (Number and Street Address of the Location that

\tO trft>in Sfwill have the liquor license)

rt\rtZip Code

Lcrnre-CountyCity

v\ d\. €- t\

OLCC Liquor License Application (Rev. 1/20)Attachment 1, Page 1 of 4

ffi OREGON LIQUOR CONTROL COMMISSION

LIOUOR LICENSE APPLI TION5. Trade Name of the Business (Name Customers Will See)

-Txe- ?,^r'^Q C-&E-5. Does the business addr"F.,"r.rtly t^r" in ofcc liquor license? $rs7. Does the business address currently have an OLCC marijuana license? YESM{o

8. Mailing Address/Po Box, Number, Street, Rural Route (where the OLCC will send your mail)

?\O OAc"rrn tkCity

\. \'n tri*.-\.)9. Phor

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n N u mbe r th Business Location

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State

O-eZip Code

q10. E mar ct fo r this Ap pl icat to n

11. Contact Person for this Application

/4oi { eAuntPhone Number

fot f88 &il8Contact Person's Mailing Address (if different)

4 ?lt- Ro4a-0- AVECity

€ufert-PState

ORZip Code

q) tluzPlease note that liquor license applications are public records. A copy of the application will be posted on the OLCC

website for a period of several weeks.

I understand that marijuana (such as use, consumption, ingestion, inhalation, samples, give-away, sale, etc.) is prohibited on

the licensed premises.

I attest that all answers on all forms, documents, and information provided to the OLCC are true and complete.

Applicant Signature(s)

o Each individual person listed as an applicant must sign the application.o lf an applicant is an entity, such as a corporation or LLC, at least one person who is authorized to sign for the entity

must sign the application.o A person with the authority to sign on behalf of the applicant (such as the applicant's attorney or a person with

power of attorney) may sign the application. lf a person other than an applicant signs the application, please

provide p

!

of signature aut rn( q s '"

(Applicant#1)

Dilr /te(Applicant#3) (Applicant#4)

OLCC Liquor [icense Application (Rev. 1/20)Attachment 1, Page 2 of 4

OREGON LIQUOR CONTROL COMMISSION

CORPORATION QUESTIONNAI RE

Please Print or Type

Corporation Name

Trade Name (dba)

Business Location Address

.r,1cl'ffo\6ar ! nnnrnnrafar{ 7r

:-f-tt) & rD (\a on <*City, A n-r- r nrFr e- \ cJ ZrP Code: 4+t++\ f

(name)

List Corporate Officers:

nrw s/fr(title)

P

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List Board of Directors:

l-br -r C-[rud€a("*") rwr.r-- s Leer--J

List Stockholders: (Note: lf any stockholder is another legal entity, that entity may also need to complete anotherCorporation Questionnaire. See Liquor License Application Guide for more information.)

Stockholders:Number ofShares Held:

/ /38

.4rr-

4Ab

5Total Shares Authorized

lssued:

Unissued

to lssue: t

Number of Stock Shares:

r/Server Education Desi

t understand that if my

Officer's Signature:

\, AJ DOB(See Liquor License Application Guide for more information)

answe are not true and complete, the OLCC may deny my license application.

(title)

1.800-452-OLCC (65221w$il.oregon,gov/olcc

(name)Date

(rev. 08/1 1)

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,


OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORIVATION

Please Print or Type

Applicant Name ft;t t PWvrtp CsfPCyc"t ro vr . Phone r /;o /;*tTrade Name (dba):

Business Location Address: ?f O fl1a o rn 4UCity 4e tnaFre \ C__:___r J-DAYS AND HOURS OF OPERATION

Business Hours:Sunday B'-Cfla- to L'-d) ot*Monday {-gg2g,'^toZ,:rooTu*Tuesday n1-eeG$A to @:^^r-Wednesday11)Q4,aatoZ'.,xr--r,,,,,'-Thursday Ll2esgto L oopFriday :t!OX."-_toL'.@la5*saturday Bj,oog*",o -q^^

Outdoor Area Hours:

Sunday 6 . , bA'.@g,$-Monday ?llqcr^- t" Z'..X'-e*-Tuesday l-ipqa*to Z'.CtlQw-,Wed nesday ft6pcr^. to L'. CD.dvt -Thursday tsla<toffiuFriday'tAeU=-toL'.,@b,r*Saturday ?/. grS--to7.'. &iv'*

The outdoor area is used for:

H rooo service Hours: f: oC-t'*to L'.cx-tl.t*-ffi Rtcofr ot service Hours : 9' CC.t, alo ?-' . ac -at,,.-y. Encrosed, no* Lr' milil fer@The exterior area is adequately viewed andiorsupervised by Service Permittees.

(lnvestigator's lnitials)

trtrtrtrtr

Seasonal Variations: $ Yes tr No lf yes, explain

D(*

Live Music

Recorded Music

DJ Music

Dancing

Nude Entertainers

Check all that apply:

E Karaot<e

E coin-operated Games

E vio"o Lottery Machines

E sociatGaming

E PootTables

E otn".

Restaurant

Lounge:

Banquet:

Outdoor: L?:Other (explain):

Total Seating: _

I understand if my answers are not true and plete,

1-800

OLCC USE ONLY

lnvestigator Verified Seating: (Y) _(N)lnvestigator lnitials:_Date'

ay deny my license

SundayMondayTuesdayWednesdayThursdayFridaySaturday

tototototototo

n

h)c

ENTERTAINMENT DAYS & HOURS OF LIVE OR DJ MUSIC

Applicant Signature

wntw.oregon.gov/olcc2',1

Date

(rev. 12/07)

ZtP Code: ot+r|++

SEATING COUNT


AGENDA ITEM SUMMARY Meeting Date: 3/2/2020 Meeting Type: Regular Meeting Staff Contact/Dept.: Tom Mugleston Staff Phone No: 726-3724 Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L

Council Goals: Financially Responsible and Stable Government Services

ITEM TITLE: APPROVE A CONTRACT WITH PACIFICSOURCE HEALTH PLANS TO

PROVIDE THIRD PARTY ADMINISTRATIVE SERVICES FOR CITY’S SELF-FUNDED MEDICAL/Rx/VISION INSURANCE

ACTION REQUESTED:

Authorize City Manager to negotiate and execute a contract amendment with PacificSource Health Plans, to 1) provide 2020 third party administration (TPA) Services for City self-funded medical, prescription and vision claims and 2) purchase stop-loss medical insurance coverage.

ISSUE STATEMENT:

The existing contract with PacificSource Health Plans for TPA services and stop-loss coverage expired on December 31, 2019. This contract amendment will allow the City to continue to obtain these services.

ATTACHMENTS: Attachment 1: Third Party Administrative Services Agreement Amendment and Stop-Loss Policy Agreement


The City provides a comprehensive self-funded health insurance plan for eligible employees, dependents, and retirees.

PacificSource has been the City’s third party administrator (TPA) since going self-funded in January 2013. The city pays all claims valued less than $150,000 and purchases stop-loss insurance to cover claims more than $150,000.

Overall health plan costs were forecasted to increase by 9%. Our overall projected plan cost increases are listed in the table below.

2019 2020 Percent Change

Medical/Rx/Vision $213,492 ($42.87 PEPM)

$220,578 (43.87 PEPM)

3.3%

Stop Loss Coverage

$695,506 ($139.66 PEPM)

$762,295 ($151.61 PEPM)

9.6%

Total $908,998 $982,873 8.1% *PEPM – Per Employee Per Month. 419 employees

Our broker estimates that the City would have seen more than a 15% increase in overall costs had we remained fully- instead of self-insured. This is primarily due to increased State and Federal taxes on fully-insured plans and large health insurance premium increases due to market volatility and uncertainty about future health market changes.

Staff requests Council give the City Manager Pro Tem the approval to negotiate and sign the attached TPA and stop-loss agreements.

DRAFT

1 Third Party Administrative Services Agreement_ Amendment #1_0120_City of Springfield

THIRD PARTY ADMINISTRATIVE SERVICES AGREEMENT AMENDMENT #1

Client Name: City of Springfield Group Number: G0020720 Effective 1/1/2020, the Third Party Administrative Services Agreement is amended as follows, all other language and sections remains the same:

2.1 Effective Date and Term

The Effective Date of this Agreement is the 1st day of January, 2020. The initial term of this Agreement shall be a twelve (12) month period commencing on the Effective Date, unless terminated earlier in accordance with the terms of this Agreement. After the initial term, this Agreement may be renewed for successive one-year periods by the mutual, written agreement of the Parties.

5.4 Claims Pre Fund

Sponsor may be required to pay a claim pre fund upon the Effective Date of this Agreement. This claim pre fund may be modified by written agreement of the Parties upon each renewal date based on expected paid claim changes to the Plan and covered Participants. This claim pre fund will be held in an interest bearing account by PacificSource until the termination date, including the run out period if applicable, of this Agreement. The claim pre fund will be paid with interest to the Sponsor 30 days following the end of the first twelve (12) months of run-out administration.

6.3 Service Charges

All charges under this Section VI shall be determined by PacificSource and billed to Sponsor. Sponsor shall make payment to PacificSource within fifteen (15) business days of receipt of notice of the amount due.

9.9 Notices and Communications

(b) Addresses. Sponsor’s address for notices is: City of Springfield Attn: Tom Mugleston Address: 225 5th St Springfield, OR 97477

Exhibit II: Coverage Services Addendum

Please see the attached Exhibit. “Plan Sponsor” “PacificSource” City of Springfield PacificSource Health Plans By:________________________ By: Print:______________________ Print: Kenneth P. Provencher Title:______________________ Title: President and CEO Date:______________________ Date: 11/18/19

AIS ATTACHMENT 1, Page 1 of 15

DRAFT

1 Exhibit II: Fees_City of Springfield_0120

EXHIBIT II: COVERAGE SERVICES ADDENDUM

Between

City of Springfield

and

PacificSource Health Plans

Policy Period: 01/01/2020 through 12/31/2020 I. INTRODUCTION

This Exhibit II: Coverage Services is effective as of the date noted in Section 2.1 of the Third Party Administrative Services Agreement entered into by and between City of Springfield (“Plan Sponsor”) and PacificSource Health Plans (“PacificSource”), and to which this Exhibit is attached. In the event of any discrepancy or contradiction between the terms of the Agreement and this Exhibit, the terms of this Exhibit shall control.

Claim Fund Deposit Received in 2013 $200,000

II. FEES

The fees and costs payable for the services provided under this Exhibit II shall be as follows:

Number of Subscribers on Effective Date 419

Administrative Fees

Broker Fees

Network Fees

Claims Administration PEPM Medical / RX $38.85 Vision Included in Medical/RX Fee

Coverage PEPM Medical/RX $0

Network PEPM PacificSource Access Fee $4.60 First Choice Access Fee $4.60 First Health Access Fee $4.60


DRAFT


Travel Wrap programs are available for coverage when members travel outside of your chosen network(s). The Fees noted above are pass through costs.

Optional Programs

Other

III. PHARMACY

IV. INCLUDED SERVICES

Travel Wrap Network FEE First Choice First Health

12% of Savings 13% of Savings

Programs Accept /Decline ACS Quit for Life – Tobacco Cessation $ PEPM Declined Assist America – Global Emergency Services $0.42 PEPM Accepted Biometric Screening Pass through Declined Teladoc PEPM Declined Weight Watchers Pass through Accepted Health Education Programs Pass through Accepted Medicare Part B Premium Reimbursement -(dialysis program)

Pass through Accepted

Coordination of Benefits - True FEE Comprehensive COB – One-time fee per identified member $40.00

Pharmacy Benefit Manager (PBM) - Caremark Pharmacy Rebates 80% of rebates shared with Plan Sponsor.

Services 24 Hour Nurseline Condition Support and AccordantCare – Rare Disease Management Prenatal Management Standard Identification Cards Standard Plan Amendments Standard Reporting Standard Summary Plan Document (SPD) State Surcharge Reporting Summary of Benefits and Coverage (SBC) as administered by PacificSource Utilization Review & Large Case Management Wellness Programs Level I


DRAFT


V. STANDARD ADDITIONAL FEES

*Custom Programming available to groups with 500 or more enrolled subscribers. This is defined as programming beyond implementation that 1) is specific to Customer’s operations or benefits; or 2) results in the need for system enhancements.

VI. PACIFICSOURCE CONTACT INFORMATION

Any correspondence mailed to PacificSource will be mailed to:

PacificSource Health Plans Attn: Sales PO Box 7068 Springfield, OR 97475-0068 Phone: (541) 686-1242 Fax: (541) 485-0915

Any Enrollment Information, billing information, and payments mailed to PacificSource will be mailed to:

PacificSource Health Plans Attn: Membership Services PO Box 7068 Springfield, OR 97475-0068 Phone: (866) 999-5583 Fax: (541) 225-3642 E-mail: [email protected]

Other Fee Run-In Claims Processing Not Available

Run-Out Claims Processing Two months claims administration fees for 36 months of run-out services

Custom Ad Hoc Reporting $175 per hour Custom Programming* $150 per hour Independent Medical Review (IMR) Pass through cost to Plan Sponsor Independent Review Organization (IRO) Pass through cost to Plan Sponsor SBC & SPD Printing and Shipping Pass through cost to Plan Sponsor Applicable taxes, surcharges and assessments Claim audits, vendor set-up and similar charges

Pass through cost to Plan Sponsor Pass through cost to Plan Sponsor


DRAFT

PSGSL.OR.0115 Page 1 City of Springfield_0120

STOP LOSS POLICY

Between

City of Springfield

and

PacificSource Health Plans

WITNESSETH:

In consideration of the Policyholder’s payment of monthly premium in the amounts and at the time required, PacificSource will provide stop loss insurance for each Covered Participant in accordance with the provisions and subject to the conditions of this Stop Loss Policy. This Stop Loss Policy, including all certificates of coverage, application, endorsements, schedules, or amendments affixed hereto, shall be the entire policy of stop loss insurance fully as if recited over the signature affixed hereto.

IN WITNESS WHEREOF, PacificSource has caused this Self-Funded Group Health Plan Policy (the “Plan”) to be executed as of 12:00:01 a.m. this 1st day of January, 2020. PacificSource Health Plans Kenneth P. Provencher President, CEO

POLICYHOLDER’S ACCEPTANCE

Payment of premium will constitute acceptance of this policy and the changes contained within.

PacificSource Health Plans PO Box 7068, Springfield OR 97475-0068


DRAFT


TABLE OF CONTENTS

I. INTRODUCTION………………………………………………………………………….. 3

II. DEFINITIONS……………………………………………………………………………… 3

III. FEE SCHEDULE ……………………………………………………………………….… 5

IV. STOP LOSS PROVISIONS ……………………………………………………………... 6

V. GENERAL EXCLUSIONS AND LIMITATIONS ………………………………………. 8

VI. TERMINATION……………………………………………………………………………. 10

VII. CONTACT INFORMATION ……………………………………………………………...10


DRAFT


STOP LOSS POLICY

I. INTRODUCTION

This Stop Loss Policy is entered into by and between the City of Springfield (the “Plan Sponsor”) and PacificSource Health Plans (“PacificSource).

WHEREAS, Plan Sponsor has established the City of Springfield Employee Benefit Plan, a self-funded group health plan (“SFGHP”) for its Covered Participants (as defined below); WHEREAS, Plan Sponsor has retained Claim Administrator to provide claim processing and other administrative services for the SFGHP during the Term (defined below) as set forth in an agreement entitled “Administrative Services Agreement” (“ASA”); WHEREAS, Plan Sponsor assumes liability for and funds all benefits under the SFGHP, except as otherwise provided in this Stop Loss Policy; THEREFORE, in consideration of the mutual agreements and covenants contained herein and other good and valuable consideration, the Parties agree as set forth herein.

Policy Period: 01/01/2020 through 12/31/2020

II. DEFINITIONS

Aggregate Attachment Point means the sum of the Monthly Aggregate Claims Factors that is multiplied by the number of monthly Covered Participants each month during the Policy Period.

Aggregate Reimbursement Maximum means the limit of PacificSource liability in excess of the Aggregate Stop Loss Attachment Point per Policy Period under the Stop Loss Provision of this Policy. The Aggregate Stop Loss Limit of Liability is shown in Stop loss Fee Schedule. Expenses that are the responsibility of the Covered Participant, such as deductibles and coinsurance, do not count toward this maximum. Covered services in excess of the Aggregate Reimbursement Maximums are the responsibility of the Plan Sponsor.

Aggregating Specific means an additional deductible applied to the Individual Specific Deductible. Claims in excess of the Specific Deducible, during the term of the contract, will be added until the cumulative total exceeds the Aggregating Specific amount. The Aggregating Specific must be satisfied prior to reimbursements on any Individual Specific Deductible. Aggregate Stop Loss means the stop loss provided by PacificSource under the Stop Loss Provision of this Policy. Additionally, it is a form of stop loss coverage that provides protection for the employer against the accumulation of total claims for the group as a whole exceeding a stated level.

Aggregate Stop Loss Attachment Point is the total amount of Paid Claims for which the Plan Sponsor shall be liable while this Policy and the Third Party Administrative Services Agreement remain in effect. The Aggregate Stop Loss Attachment Point must be met in each Policy Period and will be determined at the end of each Policy Period. Claim Administrator means PacificSource Health Plans. The term “Claim Administrator” as used in this Policy does not refer to the Plan Administrator used in the Employee Retirement Income Security Act (ERISA) of 1974.


DRAFT


Covered Expenses means the eligible charges payable under the terms of the Plan. Covered Expenses do not include the following:

1. Amounts in excess of Plan benefits, or services not covered by the Plan; or 2. Amounts or Services specifically excluded or limited by this Policy, the Stop Loss and

Aggregate Monthly Premiums, any endorsements, or any amendments to the Plan. Covered Participant means an eligible individual and that individual’s dependents that become covered for benefits under the terms of the Plan. Disclosure Statement means the signed statement outlying any and all potential Large Claims from the Plan Sponsor. This is provided to and accepted by PacificSource that proves certain Underwriting information regarding Covered Participants which include disabled persons. Domestic Expenses means any hospital Inpatient, hospital outpatient, clinic or staff physician charges Incurred in a facility that is a parent, subsidiary or affiliate of the Plan Sponsor. Domestic reimbursement percentages are applied to existing contracted rates. Domestic Partnership means individuals of any gender ages 18 or older who are joined in a domestic partnership and share jointly the same permanent residence; have an exclusive domestic partnership; and are not in a legally binding marriage. Expected Claim means an estimate of the dollar value of claims to be paid during a policy period.

Incurred means the date on which services for Covered Expenses were rendered for a Covered Participant according to the terms of the Plan Sponsor’s Plan. Incurred and Paid period means the period of time specified in the Schedule benefit plan in which a Covered Expense must be Incurred by a Covered Participant and paid by the Plan to be eligible for reimbursement under this Policy. This period does not alter the Effective Date, Policy Period, or waive this Policy's eligibility requirements. Individual Specific Stop Loss Deductible means the amount shown on the Stop Loss Fee Schedule for which the Plan Sponsor is responsible to pay. The Individual Specific Stop Loss Deductible applies separately to each Covered Participant for each Policy Period. Large Claim means paid or pending Covered Expenses greater than or equal to 50% of the Individual Specific Stop Loss Deductible. Lasering means a situation where a higher Individual Specific Stop Loss Deductible is assigned to a Covered Participant (“Lasered Deductible”). Lasered Participants will be identified in the Stop loss Fee Schedule. Minimum Aggregate Margin Attachment Point means the minimum claims level (deductible) at which the Aggregate Stop Loss insurance policy applies. This level is determined by multiplying the enrollment in the first month of the policy times 12 months the Aggregate Claim Factors. Paid Claims means that:

1. The Covered Expense is adjudicated according to the terms of the Plan; 2. A check is written and mailed or electronically deposited directly to the payee within the

Policy Period; and 3. Funds are available to honor the check. To be sure those funds are available; they must

be on deposit no later than the first working day following the end of the Policy Period.


DRAFT


Reimbursement Percentage means the rate at which PacificSource will reimburse the Plan Sponsor. Specific Stop Loss shall mean the stop loss provided by PacificSource under the Fees section of this Policy.

Specific Stop Loss Attachment Point is the total amount of Paid Claims per covered individual that is not subject to reimbursement or credit by PacificSource under the Specific Stop Loss provision during the period when the Third Party Administrative Services Agreement and this Policy remain in effect, for each covered insured of the Plan Sponsor.

Spouse means any individuals who are lawfully married under any state law, including individuals married to a person of the same sex who were legally married in a state that recognizes such marriages, but who are domiciled in your policy’s state of issuance. Similarly, the term ‘marriage’ will be read to include a same-sex marriage that is legally recognized as a marriage under any state law. The terms ‘spouse’ and ‘marriage,’ however, do not include individuals in a domestic partnership. (See definition for Domestic Partnership.)

Stop Loss Benefit means the excess risk coverage that provides protection for the Plan Sponsor against a high claim on any one Covered Participant.

Stop Loss Premium means the fees due to PacificSource each month for the specific and Aggregate Stop Loss insurance provided under the Stop Loss Provision section of this Policy. The Stop Loss Premium shall be computed and paid in accordance with the Payment section of this Policy.

Underwriting means the review of prospective and renewing cases for appropriate pricing, risk assessment and administrative feasibility. III. FEES SCHEDULE

The fees and costs payable for the services provided under this Policy shall be as follows:

Number Covered Participants on Effective Date 419

Specific Stop Loss Coverage: Yes

Policy Period 24/12

Claims must be Incurred and Paid within the following dates:

Claims Incurred from January 1st, 2019 through December 31st, 2020 Claims Paid from January 1st, 2020 through December 31st, 2020

Covered Expenses eligible for Specific Stop Loss Coverage include:

Medical Yes Prescription Drug Card Yes Dental No Vision No

Specific Stop-loss Deductible per Covered Participant: $150,000

Aggregating Specific Stop-loss Deductible: Not applicable Plan expenses Incurred prior to the effective date of the Policy Period are limited to:


DRAFT


Not applicable Specific Stop Loss Reimbursement Percentage in excess of Stop Loss deductible: 100% Specific Stop Loss Monthly Premiums: Per employee per month

Composite $151.61

Specific Stop Loss Agent Commission: Not applicable

Are any Covered Participants lasered and assigned a higher Specific Stop-loss Deductible? Not applicable

Specific Terminal Liability: Not applicable

Aggregate Stop Loss Coverage: Not Applicable

IV. STOP LOSS PROVISIONS Individual Specific Stop Loss Deductible. Upon acceptance of proof of loss, PacificSource will reimburse the Plan Sponsor for payments made by the Plan Sponsor that PacificSource determines are Covered Expenses; provided that such payments exceed the Individual Specific Stop Loss Deducible as shown in this Policy and are:

1. Incurred while the Plan is in force; 2. Paid for Covered Participants according to the terms of the Plan; and 3. Incurred during the Policy Period or during the Incurred Period and paid during the Policy

Period or during the Paid Period as shown in this Policy. Payments for Covered Expenses that are eligible for more than one Policy Period will apply toward the Policy Period in which Covered Expenses were actually Incurred. The benefit reimbursed by PacificSource will be at the Reimbursement Percentage shown in this Policy. Individual Specific Stop Loss Deductible Exclusion and Limitations. The following exclusions and limitations apply to all Individual Specific Stop Loss Deductible provisions. PacificSource will not reimburse the Plan Sponsor for Paid Claims that:

1. Have been reimbursed by another insurance company or reinsurance company; 2. Are Incurred after the Individual Specific Stop Loss Benefit terminates;

Disclosure Statement. For new business, PacificSource Underwriting procedures requires the Plan Sponsor to complete and sign a Disclosure Statement. Upon receipt of the initial individual request for reimbursement, PacificSource will review the Disclosure Statement to determine if the claimant is listed. When listed, PacificSource will continue with our normal pricing process. When the claimant is not listed, PacificSource may review the documentation received with the claim submission or request additional information to determine coverage and pricing. This form may also be required at the time of reinstatement for terminated groups. Aggregate Reimbursement Maximum. This benefit applies only if indicated in this Policy.


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Aggregate Reimbursement Maximum Benefit. Upon acceptance of proof of loss, PacificSource will reimburse the Plan Sponsor for payments made by the Plan Sponsor that PacificSource determines are Covered Expenses; provided that such payments exceed the Aggregate Stop Loss Attachment Point for Paid Claims and are:

1. Incurred while the Plan is in force; 2. Paid for Covered Participants according to the terms of the Plan; and 3. Incurred during the Policy Period or during the Incurred Period and paid during the Policy

Period or during the Paid Period shown in this Policy. Payments for Covered Expenses that are eligible for more than one Policy Period will apply toward the Policy Period in which Covered Expenses are actually Incurred. Reimbursement will be subject to the Incurred Limit or Paid Limit shown in this Policy. The benefit reimbursement by PacificSource will be at the Reimbursement Percentage shown in this Policy and will not exceed the Aggregated Liability Reimbursement Maximum shown in this Policy. Aggregate Stop Loss Attachment Point. The Aggregated Stop Loss Attachment Point is equal to or the greater of:

1. The sum of the Aggregate Stop Loss Attachment Points for the Policy Period shown in this Policy; or

2. The Aggregate Minimum Attachment Point shown in this Policy. If the Aggregate Stop Loss Benefit terminates before the end of the Policy Period, the Minimum Aggregate Margin Attachment Point is equal to or the greater of:

1. The sum of the Aggregate Stop Loss Attachment Points to the date of termination; or 2. The Minimum Aggregate Margin Attachment Point as shown in this Policy.

Calculation of the Monthly Aggregate Stop Loss Attachment Point. Aggregate Stop Loss Attachment Point is calculated by multiplying the number of Covered Participants for that month by the Aggregate Attachment Rates as shown in this Policy. If any of the Covered Participants are absent from work due to strike, lock out, or work stoppage, the number of Covered Participants will remain at the same level as the month before such Covered Participants interruption began. Aggregate Stop Loss Attachment Point Exclusions and Limitations. The following exclusions and limitations apply to all Aggregate Stop Loss Attachment Point provisions. PacificSource will not reimburse the Plan Sponsor for Paid Claims that:

1. Have been reimbursed by another insurance company or reinsurance company; 2. Are Incurred after the Aggregate Stop Loss Benefit terminates; 3. Have been reimbursed by under the Individual Stop Loss Deducible benefit; 4. Exceed the Aggregate Reimbursement Maximum Per Plan Year as shown in this Policy.


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V. GENERAL EXCLUSIONS AND LIMITATIONS. PacificSource will not reimburse the Plan Sponsor for Covered Expenses Incurred by Covered Participants that qualify as potential Large Claims, unless disclosed prior to policy issuance and accepted by PacificSource. In the event of nondisclosure by the Plan Sponsor, PacificSource reserves the right to:

1. Change or modify any all Stop Loss or Aggregate Premiums, Aggregate Claim Factors, or Individual Specific Stop Loss Deductible level(s);

2. Adjust the terms of the Aggregate and Individual Specific Stop Loss Benefits; or 3. Adjust the Individual Specific Stop Loss Deductible of non-disclosed Covered

Participant(s). PacificSource will not reimburse any loss or expense caused by, or resulting from, any of the following;

1. Have been reimbursed by another insurance company or reinsurance company; 2. Payment for treatment or services which are considered experimental or investigational as

defined by the Plan; 3. Payment for treatment or services which are excluded as defined by the Plan; or 4. Deductibles, co-payment amounts, or any other charges which are not payable under the

terms of the Plan or charges which are payable to the Plan Sponsor from any other source. 5. Exceed PacificSource’s Aggregate Reimbursement Maximum Per Plan Year as shown in

this Policy. Covered Participant Benefit Plan Changes or Amendments. PacificSource must be notified of any change to the Plan. Notices of changes must be in writing and provided to PacificSource prior to the effective date of the changes. PacificSource must approve changes in writing before the benefits provided by the changes will be included as Covered Expenses and the Plan Sponsor has agreed to pay any additional premium to accept a higher Aggregate Claim Attachment Rate(s) as a result of the benefit change. If notice is not received prior to the effective date of the change, PacificSource will determine the date, if any, that the benefits approved by this change will be considered Covered Expenses. If PacificSource does not approve a submitted change, PacificSource will not consider the benefits provided by the change as Covered Expenses. Only those Covered Expenses for benefits provided under the most current PacificSource approved Plan will be considered for reimbursement. Changes in Fees and Monthly Aggregate Stop Loss Claims Factor(s). PacificSource has the right to establish new Stop Loss or Aggregate Monthly Premiums, and Monthly Aggregate Stop Loss Claims Factor(s) each Policy Period. PacificSource reserves the right to change the Stop Loss and Policy Fees and/or Monthly Aggregate Attachment Factors for a Policy Period if the average Paid Claims for the last two Policy Months of the immediately preceding Policy Period exceeds 125% of the average Paid Claims for all prior Policy Months in that preceding Policy Period. PacificSource has the right to establish new Stop Loss and Aggregate Monthly Premiums, and Monthly Aggregate Claims Factor(s) at any time during a Policy Period if:


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1. The number of enrolled in Covered Participant changes by more than 10% from the enrollment at beginning of Policy Period as shown in this Policy;

2. PacificSource discovers a Covered Participant who was not disclosed and whom PacificSource determines to be an unacceptable risk; or

3. Any amendment is made to the Plan. Adjudication of Claims. PacificSource will provide payment for benefits under the Policy, and the direction of the Plan Sponsor, if the Plan Sponsor directs PacificSource to:

1. Pay a Claim, which in the opinion of PacificSource is not for a Covered Service according to the Plan Document; or

2. Pay a Claim on behalf of an individual who, in the opinion of PacificSource, would otherwise not be eligible for participation in the Plan.

PacificSource agrees to pay such Claims provided, however, that such Claim will not be included in the accumulation of the Claims expense toward the Individual Stop Loss or Aggregate Stop Loss Attachment Point. These claims will be a separate and additional liability of the Plan Sponsor, and PacificSource will have no liability, either directly or indirectly, for such claims.

Should a dispute arise with respect to Claims paid under the paragraphs above, and should either the Individual Stop Loss or Aggregate Stop Loss Attachment Point be reached by the inclusion of the disputed Claims in the accumulation of the Claims expense, the Plan Sponsor and PacificSource will meet and agree upon a procedure for submission of the dispute for decision by a neutral third party, including the criteria upon which the third party’s decision shall be based, whereby the third party will determine whether the disputed Claims should not be included in the accumulation of the Claims expense. The cost of the neutral third party used in this procedure will be split equally between the parties.

Third-Party Recovery. It is understood that the Plan, or the Plan Sponsor, may become entitled to partial or full recovery from a third party with respect to a Claim paid under the Plan, whether directly through subrogation or indirectly through reimbursement from the Covered Participant or otherwise (“Recovery”), and that any Recovery by the Plan, and/or the Plan Sponsor, for Claims paid during the Term of this Policy may occur during or after the Term of this Policy. Unless PacificSource has agreed to perform such services as outlined in this Policy or a separate agreement, the Plan Sponsor shall promptly undertake to prosecute any and all valid claims for such Recoveries that the Plan may have against Covered Participants and/or third parties. It is agreed that the net amount of such recoveries, whether recovered by the Plan Sponsor, PacificSource, or other third party, remaining after deduction of the reasonable cost of prosecuting the recoveries, shall be treated as a reduction of the Plan’s Claim expense as hereinafter provided. Such amounts, recovered during the same Term or renewal Term of this Policy in which the related Claims were paid, shall be applied to reduce the amount of Paid Claims applied toward the Specific Stop Loss and Aggregate Stop Loss. Should this Policy have been terminated at the time one or more such recoveries occur, or if the recovery or recoveries occur in a renewal Term after a Term in which (1) the related Claims were paid and (2) PacificSource has reimbursed the Plan Sponsor for Claims reported in excess of the Specific Stop Loss or Aggregate Stop Loss, the Plan Sponsor agrees to reimburse PacificSource in the aggregate net amount recovered, up to the amount of such Claims paid by PacificSource.

Liability and Indemnification. Except as specifically provided in any rider or endorsement, attached to and forming part of this Policy, PacificSource has no obligation to any third party. Our liability under this Policy is limited to reimbursing the Plan Sponsor, pursuant to the terms of this Policy, for payments the Plan Sponsor makes on behalf of Covered Participants for expenses covered under this Policy


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Fiduciary Responsibility. PacificSource is acting only as a provider of insurance to the Plan Sponsor. PacificSource is not and will not be considered to have any discretion in the administration or management of the SFGHP’s operation. PacificSource assumes no obligation required by the Employer Retirement Income Security Act (ERISA) of 1974, as amended. PacificSource has no responsibility or obligation to directly reimburse any Covered Participant. This Policy will not create any right or legal relationship between PacificSource and any Covered Participant. PacificSource’s sole obligation under this Policy is to the Plan Sponsor. VI. TERMINATION Automatic Unless specifically agreed to otherwise in a written amendment to this Stop Loss Policy, this Stop Loss Policy shall automatically terminate as of the earliest of the following:

1. The end of the Policy period; 2. The effective date of any legislation which makes the Plan and/or this Policy illegal; 3. The date either party becomes insolvent, bankrupt, subject to liquidation, receivership, or

conservatorship; or 4. The termination date of the Plan, subject to any policy between the Plan Sponsor and

PacificSource regarding payment of benefits after the Plan is terminated. Discretionary This Plan may be terminated as of the earliest of the following:

1. By PacificSource upon the failure of the Plan Sponsor to pay any charges within ten (10) business days after they are due and payable;

2. By PacificSource upon the failure of the Plan Sponsor to perform its obligations in accordance with this Policy;

3. By the Plan Sponsor upon the failure of PacificSource to perform its obligations in accordance with this Policy; or

4. By the Plan Sponsor in a written request The Plan shall not be liable to reimburse the Plan Sponsor under Section III for any claims not specifically defined in Section III. VII. PLAN CONTACT INFORMATION

1. Any correspondence mailed to the Plan Sponsor will be mailed to:

City of Springfield Attn: Tom Mugleston 225 5th St Springfield, OR 97477 Phone: (541) 726-3724 E-Mail: [email protected]

2. Any copy of correspondence and invoices mailed to the Administrator will be mailed to:

City of Springfield Attn: Ali Gray 225 5th St Springfield, OR 97477 Phone: (541) 726-2242 E-Mail: [email protected]


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3. Any correspondence mailed to PacificSource will be mailed to:

PacificSource Health Plans Attn: Sales PO Box 7068 Springfield, OR 97475-0068 Phone: (541) 686-1242 Fax: (541) 485-0915

4. Any Enrollment Information, billing information, and payments mailed to PacificSource will be mailed to:

PacificSource Health Plans Attn: Membership Services PO Box 7068 Springfield, OR 97475-0068 Phone: (866) 999-5583 Fax: (541) 225-3642 E-mail: [email protected]

The Plan Sponsor agrees to notify PacificSource within twenty-four (24) hours of any changes to the Plan Contact Information contained in this Policy.

IN WITNESS WHEREOF, Plan Sponsor and PacificSource have caused this Stop Loss Policy to be executed in their names by their undersigned officers, who are duly authorized to do so.

“Plan Sponsor” “PacificSource”

City of Springfield PacificSource Health Plans

By:________________________ By: Print:______________________ Print: Kenneth P. Provencher Title:______________________ Title: President and CEO Date:______________________ Date: 11/18/2019



Meeting Type: Regular Meeting Staff Contact/Dept.: Jesse Jones/DPW





Council Goals: Maintain and Improve

Infrastructure and

Facilities

ITEM TITLE: P21065 JASPER TRUNK SEWER PHASE 3 DIRECT APPOINTMENT

CONTRACT

ACTION

REQUESTED:

By motion:

TO APPROVE DIRECT APPOINTENT OF MURRAY SMITH FOR THE

JASPER TRUNK PHASE 3 ENGINEERING SERVICES CONTRACT IN THE

AMOUNT OF $346,857 AND AUTHORIZE THE CITY MANAGER TO

EXECUTE THE CONTRACT.

ISSUE

STATEMENT:

The City is proceeding with the next phase of design and construction of the Jasper

Trunk Sewer to serve anticipated development.

ATTACHMENTS: Attachment 1: Contract

Attachment 2: Direct Appointment

DISCUSSION/

FINANCIAL

IMPACT:

The City of Springfield's Wastewater Master Plan, dated June 2008, identified the

Jasper Trunk Sewer as a future construction project to serve undeveloped areas

outside of the City limits and within the urban growth boundary in the expansion

area southeasterly of the City. In 2009, the City solicited a request for proposals

(RFP) seeking a qualified professional civil engineering consultant to assist with

planning, preliminary and final designs, contract documents, bidding and award

services, and construction phase engineering and inspection services for the project.

After an evaluation of proposals, the City selected Murray, Smith & Associates,

Inc. (MSA). The City and MSA entered into a contract (C112) dated July 20, 2009.

During preliminary design, it was decided to split the project into four phases to

better align with anticipated development. Phases 1 and 2 were designed and

constructed per the original contract. The design for the remaining phases was

advanced to the 60% level and then put on hold and the contract was subsequently

closed out. The City is now seeking to complete the design and begin construction

of Phase 3. The City is seeking to directly appoint MSA (pursuant to OAR 137-

048-0200(1)(d)) to complete the design and provide technical assistance for Phase 3

of the project. It would be in the best interest of the City to have MSA complete

the design as they have already performed much of the preliminary work including

surveys, investigations, analysis, and pre-design. Appointment of MSA would

promote the efficient use of public funds and resources and result in substantial cost

savings to the City. Selection of a different consultant would result in repeated

work, increased cost, and delayed schedule. Upon appointment, MSA would assist

the City in:

• Completing the design for Phase 3

• Preparing the bid package and providing bid process assistance

• Identifying and acquiring necessary temporary and permanent easements

• Preparing and submitting required permit applications

The fee for this phase of the project is estimated to be $346,857.

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CITY OF SPRINGFIELD INDEPENDENT CONTRACTOR AGREEMENT

(Type 3: For Personal Services Contracts Requiring Professional Liability Insurance) Contract # 2541

Dated: March 3, 2020 Parties: The City of Springfield (“CITY”) A municipal corporation in the State of Oregon

225 Fifth Street Springfield, Oregon 97477 and

MURRAYSMITH, INC. (“Independent Contractor”) Additional Independent Contractor Information:

A. Type of Entity: Sole Proprietorship Partners Limited Liability Company Corporation

B. Address: 888 SW 5TH AVENUE SUITE 1170 C. Telephone: 503-225-9010 D. Fax No: N/A E. SSN or Fed. I.D. No: On file F. Professional License(s) No: 65434PE G. Oregon Agency Issuing License: OSBEELS H. Foreign Contractor Yes No (Foreign means not domiciled in or registered to do business in Oregon) See Exhibit B (11).

CITY Account Number(s) To Be Charged (Include Percentages):

Account Number Percentage

617-07400-8800-800005 100%

In consideration of the mutual covenants contained herein, the parties agree to the following terms, provisions and conditions: 1. Payment by CITY. CITY shall pay Independent Contractor according to the sum and schedule

described in Attachment 1 attached hereto and incorporated herein by this reference and in an amount not to exceed $346,857.

2. Invoice. 2.1. Invoice to be sent to: Accounts Payable - City of Springfield, 225 5

th Street, Springfield, OR

97477 or email to [email protected]. 2.2. Invoice will be paid on net 30 day terms upon City acceptance of goods delivered, work or

services performed; 2.3. The invoice must reference this contract #2541 and approval code #764; 2.4. The invoice must include the task # and sub-task #, number of hours worked on the task,

name and title of staff or subcontractor, $ per hour and identify percentage completed of each Task/Deliverable;

2.5. There are no reimbursable expenses for this project.

C2541Murraysmith, Inc. Page 1 of 27


mailto:[email protected]

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3. Services to be Performed by Independent Contractor. Independent Contractor shall perform the

services described on Attachment 1.

4. Term. This Agreement is effective as of the date first set forth above and shall continue until September 30, 2022, unless earlier terminated in accordance with the provisions of this Agreement or by mutual consent of the parties.

5. Sourcing. S2539 Direct Appoint in accordance with OAR 137-059-0200 and approved by City

Council on Mar. 2, 2020.

6. First Point of Contact. Independent Contractor: Bill Evonuk, 503-709-7180, [email protected]

CITY: Jesse Jones, 541-726-3720, [email protected]

7. Independent Contractor Status. By its execution of this Agreement, Independent Contractor certifies its status as an “Independent Contractor” as that term is used under the laws of the State of Oregon, and that all performance of any labor or services required to be performed by Independent Contractor under the terms of this Agreement shall be performed in accordance with the standards set forth in ORS 670.600, and as more specifically set forth on Exhibit “A” attached hereto and incorporated herein by this reference.

8. Conformance with Oregon Public Contracts Law (ORS Chapter 279). Independent Contractor

shall comply with all applicable provisions of Oregon law for public contracts, including, but not limited to ORS 279B.110, ORS 279B.220, ORS 279B.225, ORS 279B.230, and ORS 279B.235, and as more fully set forth on Exhibits “A” , “B” and “C” attached hereto and incorporated herein by this reference.

9. Work Performed. The work to be performed by Independent Contractor includes services generally

performed by Independent Contractor in his/her/its usual line of business. 10. Tax duties and Liabilities. Independent Contractor shall be responsible for all federal, state and

local taxes, if any, applicable to any payments received pursuant to this Agreement, including but not limited to income tax, payroll tax, social security and self-employment tax. CITY shall not withhold, pay, or in any other manner be responsible for payment of any taxes on behalf of Independent Contractor and as more specifically set forth in Exhibit C.

11. Reimbursement of Expenses. Independent Contractor shall not be entitled to reimbursement by

CITY for any expenses incurred by Independent Contractor unless otherwise agreed in writing. 12. Materials and Supplies. Independent Contractor shall supply all materials and supplies needed to

perform the services required unless otherwise agreed in writing. 13. No Authority To Bind CITY. Independent Contractor shall have no authority to enter into contracts

on behalf of CITY, its officers, agents and employees. This Agreement shall not create a partnership or joint venture of any sort between the parties.

14. Federal Employment Status. In the event payment made pursuant to this Agreement is to be

charged against federal funds, Independent Contractor hereby certifies that it is not currently employed by the Federal Government and the amount charged does not exceed Independent Contractor’s normal charge for the type of services provided

15. Indemnification and Hold Harmless. The Independent Contractor shall assume all responsibilities for the work, and bear all losses and damages directly or indirectly resulting to the Independent Contractor, the City, or to others on account of the character or performance of the work, unforeseen difficulties, accidents, or any other cause whatsoever. The Independent Contractor shall assume



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defense of, indemnify and save harmless the City, its officials, agents, and employees from all claims, liability, loss, damage and injury of every kind, nature and description, directly or indirectly resulting from activities in the performance of the Contract, the ownership, maintenance or use of motor vehicles in connection therewith, or the acts, omissions, operations, or conduct of the Independent Contractor or any Subcontractor under the Contract or any way arising out of the Contract, irrespective of whether any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, liability loss, damage or injury and irrespective of whether act, omission, or conduct of the Independent Contractor or Subcontractor is merely a condition rather than a cause of a claim, liability, loss damage or injury. The Independent Contractor shall not be liable for nor be required to defend or indemnify, the City relative to claims for damage or damages resulting solely from acts or omissions of the City, its officials, agents or employees. The absence of or inadequacy of the liability insurance required in section 16 below shall not negate Independent Contractor’s obligations in this paragraph.

16. Insurance.

16.1. General Insurance. The Independent Contractor shall maintain in force for the duration of this agreement a Commercial General Liability insurance policy written on an occurrence basis with limits not less than $2,000,000 per occurrence and $3,000,000 in the aggregate for bodily injury or property damage. The policy will contain a “per project” Aggregate endorsement. Automobile Liability (owned, non-owned and hired) insurance with limits not less than $1,000,000 per occurrence shall be maintained. The City, its employees, officials and agents will be named as an Additional Insured where operations are being conducted related to this contract, on the General Liability policy as respects to work or services performed under this Agreement to the extent that the death or bodily injury to persons or damage to property arises out of the fault of the Independent Contractor or the fault of the Independent Contractor’s agents, representatives or subcontractors. This insurance will be

primary over any insurance the City may carry on its own. Independent Contractor

understands that CITY is a public entity subject to the requirements of the Oregon

Governmental Tort Claims Act, ORS 30.260 et seq. In the event that CITY’S financial

obligations or liabilities are modified by any amendment to the liability limits imposed by the Oregon Governmental Tort Claims Act, Independent Contractor agrees that the limits

regarding liability insurance set forth in this Section16.1 will be modified to conform to such limits. Independent Contractor and CITY shall sign an amendment to this Agreement

incorporating such modification. 16.2. Professional Liability. Independent Contractor shall maintain in force during the duration of

this Agreement (and, if it is a claims made policy, for a year following completion of the project) a professional liability policy, approved by the City’s Risk Manager as to terms, conditions and limits.

16.3. Asbestos Abatement. (Only applicable to contracts where asbestos maybe present) The Commercial General Liability policy shall be written on a form that meets the following criteria and must be ASBESTOS SPECIFIC as follows:

a. A full occurrence form, or b. A limited occurrence form with at least a three-year (3) tail, or c. A claim made form with a three-year (3) tail. 16.4. Workers’ Compensation. Independent Contractor shall provide and maintain workers’

compensation coverage with limits not less than $500,000 for its employees, officers, agents, or partners, as required by applicable workers’ compensation laws as defined in ORS 656.027 and ORS 701.035(5). If Independent Contractor is exempt from coverage, a written statement signed by Independent Contractor so stating the reason for exemption shall be provided to the City.

16.5. Evidence of Insurance Coverage. Evidence of the required insurance coverages issued by an insurance company satisfactory to the City shall be provided to the City by way of a City approved certificate of insurance before any work or services commence.

16.6. Notice of Cancellation or Material Change in Coverage. The certificate of insurance shall contain a requirement that the Insurance company notify the City 30 days prior to any



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cancellation or material change in coverage. If the approved insurance company will not provide this 30 day notice, the Independent Contractor shall provide written notice to the City contract manager within 2 calendar days after the Independent Contractor becomes aware that their coverage has been canceled or has been materially changed. The Independent Contractor shall either fax 541-726-3782 said notice or email it directly to Jayne McMahan ([email protected]), Procurement and Contracts Manager. Regardless of what circumstances caused Independent Contractors insurance coverage to cease or be modified, it is the Independent Contractor’s responsibility to notify the City. Failure to maintain proper insurance or provide notice of cancellation or modification shall be grounds for immediate termination of this contract.________(Independent Contractor initials)

16.7. Equipment and Material. The Independent Contractor shall be responsible for any loss, damage, or destruction of its own property, equipment, and materials used in conjunction with the work.

16.8. Subcontractors. The Independent Contractor shall require all subcontractors to provide and maintain general liability, auto liability, professional liability (as applicable), and workers’ compensation insurance with coverage’s equivalent to those required of the general contractor in this contract. The Independent Contractor shall require certificates of insurance from all subcontractors as evidence of coverage.

16.9. Exception or Waivers. Any exception or waiver of these requirements shall be subject to review and approval from the City’s Risk Manager.

16.10. Railroad Protective Liability Coverage. If work being performed under this agreement is near railroad tracks or a railroad right of way and the Railroad requires special insurance (for example: Railroad Protective Liability Coverage) Independent Contractor will be responsible for meeting the Railroad insurance requirements before any work commences. Any insurance required to be purchased by the Railroad is in addition to the insurance required by the City.

17. Termination. The performance of work under this Agreement may be terminated by CITY, in whole

or in part, whenever for any reason CITY shall determine that such termination is in the best interest of CITY. Any such termination shall be effected by delivery to the Independent Contractor of a Notice of Termination specifying the extent to which performance of the work under the Agreement is terminated and the date on which such termination is effective. Upon delivery to the Independent Contractor of a Notice of Termination under this paragraph, the Independent Contractor and CITY shall, by agreement, make an appropriate written modification to this Agreement governing completion of portions of the Independent Contractor’s work and payment therefore by CITY.

18. Rights In Data. All original written material, including programs, card decks, tapes, listings, and

other documentation originated and prepared for CITY pursuant to this Agreement, shall become exclusively the property of CITY. The ideas, concepts, know-how, or techniques developed during the course of this Agreement by Independent Contractor personnel can be used by either party in any way it may deem appropriate. Material already in Independent Contractor’s possession, independently developed by Independent Contractor outside the scope of this Agreement, or rightfully obtained by Independent Contractor from third parties, shall belong to Independent Contractor. This agreement shall not preclude Independent Contractor from developing materials which are competitive, irrespective of their similarity to materials which might be delivered to CITY pursuant to this Agreement. Independent Contractor shall not, however, use any written materials developed under this Agreement in developing materials for others, except as provided in this section.

19. Confidentiality. During the course of performance hereunder, Independent Contractor or its agent,

employees, or contractors, may receive confidential information. Independent Contractor agrees to use its best efforts to maintain the confidentiality of such information and to inform each agent and employee performing services of the confidentiality obligation that pertains to such information.

20. Assignment/Subcontract. Independent Contractor shall not assign, sell, transfer, subcontract or

sublet rights, or delegate responsibilities under this agreement, in whole or in part, without the prior written approval of CITY. No such written approval shall relieve Independent Contractor of any



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obligations of this Agreement, and any transferee or subcontractor shall be considered the agent of Independent Contractor. Independent Contractor shall remain liable as between the original parties to this Agreement as if no such assignment had occurred.

21. Successors In Interest. The provisions of this Agreement shall be binding upon and shall inure to

the benefit of the parties to this Agreement and their respective successors and assigns. 22. Compliance With All Government Regulations. Independent Contractor shall comply with all

Federal, State and local laws, codes, regulations and ordinances applicable to the work performed under this Agreement. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for termination of this Agreement. Damages or costs resulting from noncompliance shall be the sole responsibility of Independent Contractor.

23. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any

provision of this Agreement, Independent Contractor shall pay such additional sums as the Court may adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any appeal.

24. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused

by fire, riot, acts of God and/or war which is beyond that party’s reasonable control. CITY may terminate this Agreement upon written notice after determining such delay or default will unreasonably prevent successful performance of the Agreement.

25. Assistance Regarding Patent And Copyright Infringement. In the event of any claim or suit

against CITY on account of any alleged patent or copyright infringement arising out of the performance of this Agreement or out of the use of any material furnished or work or services performed hereunder, Independent Contractor shall defend CITY against any such suit or claim and hold CITY harmless from any and all expenses, court costs, and attorney’s fees in connection with such claim or suit.

26. Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict with

any law, the validity of the remaining terms and provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid.

27. Access To Records. CITY and its duly authorized representatives shall have access to books,

documents, papers and records of Independent Contractor which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts.

28. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver or

relinquishment by CITY of the right to such performance in the future nor of the right to enforce any other provision of this Agreement.

29. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or

amended in any manner whatsoever, without prior written approval of CITY, No modification of this Agreement shall bind either party unless reduced to writing and subscribed by both parties, or ordered by a Court.

30. Nondiscrimination. Independent Contractor shall comply with all applicable requirements of Federal

and State civil rights and rehabilitation statutes, rules and regulations.

31. Americans with Disabilities Act Compliance. Independent Contractor will comply with all applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq. and Section 504 of the Rehabilitation Act of 1973.

32. Dual Payment. Independent Contractor shall not be compensated for work performed under this

contract from any CITY agency other than the agency which is a party to this contract.



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33. Non Appropriation. The obligation of the City to make payments beyond June 30, 2020 is subject to

annual appropriation. To the extent that funds are appropriated to make those payments for a given fiscal year, the full faith and credit of the City is pledged to the payments for such fiscal year. The obligation of the City to make those payments is not secured by the unlimited taxing power of the City and is not a general obligation of the City. The City's obligation to make those payments in any year is subject to future appropriation of funds by the City Council for the fiscal year in which the payment is due. In the event that funds are not so appropriated, payments will not be made. The failure to make a payment due to non-appropriation shall not constitute a default under this Agreement.

34. Choice of Law, Forum, Construction of Agreement. This Agreement shall be governed and

construed in accordance with the laws of the State of Oregon, apart from choice of law provisions. The parties agree that the Circuit Court for the County of Lane, State of Oregon, or the Federal District Court of the State of Oregon (Eugene) is the sole and proper forum for resolving any disputes involving this Agreement, any breach of this Agreement, or relating to its subject matter. The Parties agree to submit themselves to the jurisdiction of such courts without challenge to the jurisdiction of these courts. This Agreement shall not be construed more favorably to CITY due to the preparation of this Agreement by CITY. The headings and subheadings in this Agreement are for convenience, do not form a part of this Agreement, and shall not be used in construing this Agreement.

35. Entire Agreement. This Agreement signed by both parties is the parties’ final and entire Agreement

and supersedes all prior and contemporaneous oral or written communications between the parties, their agents and representatives. There are no representations, promises, terms, conditions or obligations other than those contained herein.

IN WITNESS WHEREOF the parties have executed this Agreement to be effective the date first set forth above.

CITY OF SPRINGFIELD: INDEPENDENT CONTRACTOR By: By:

Name: Name:

Title: Title:

Date: Date:



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EXHIBIT “A”

INDEPENDENT CONTRACTOR STATUS Independent contractor states and represents that contractor is an independent contractor as that term is defined in Oregon Revised Statute 670.600 and more specifically represents, states and agrees that in providing the services and scope of work specified in this contract:

1. Independent contractor provides services for remuneration; and 2. Independent contractor is free from direction and control over the means and

manner of providing the services and scope of work subject only to the right of City to specify the desired results; and

3. Independent contractor is customarily engaged in an independently established

business; and 4. Independent contractor is licensed within the state of Oregon to provide any services

for which a license is required under ORS Chapter 671 or 701 and is responsible for obtaining other licenses or certificates necessary to provide the service or scope of work; and

5. Independent contractor complies with at least three of the following requirements:

(a) A business location is maintained that is separate from the business or work location of City; or is in a portion of the independent contractor’s residence and that portion is used primarily for the business.

(b) The independent contractor bears the risk of loss related to the provision of services or scope of work such as entering into a fixed price contract, defective work is required to be corrected, the services provided are warranted or indemnification agreements, liability insurance and performance bonds and errors and omissions insurance are provided. (c) Contracted services for two or more different persons or entities within a twelve month period have been obtained, or routinely engaged in business advertising, solicitation, or other marketing efforts reasonably calculated to obtain new contracts to provide similar services. (d) Significant investment in the business has been made such as purchasing tools or equipment, paying for premises or facilities where services are provided, paying for licenses, certificates or specialized training. (e) Possesses authority to hire other persons to assist in providing their services and has the authority to fire those persons.

6. Independent contractor will immediately inform City in the event that it fails to conduct its services in one or more particulars as represented in 1 through 5 above.



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EXHIBIT “B”

City of Springfield

Public Contracts

Conformance with Oregon Public Contractors Laws

Pursuant to Oregon law, every public contract shall contain the following conditions:

1) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. ORS 279B.220(1)

2) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. ORS 279B.220(2).

3) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. ORS 279B.220(3).

4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279B.220(4).

5) If the agreement is for lawn and landscape maintenance, it shall contain a condition requiring the contractor to salvage, recycle,

compost or mulch yard waste material at an approved site, if feasible and cost-effective. ORS 279B.225.

6) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital

care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of

employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply

with ORS 656.017. ORS 279B.230.

7) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity,

emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279A.055, the employee shall be paid at least time and a half pay:

a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days; or

b) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four

consecutive days, Monday through Friday; and c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020.

An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before

commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day

and days per week that the employees may be required to work. ORS 279B.235(1)-(2).

8) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half

for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279B.235(3).

9) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(B)-(G) and for

all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. Employer shall

give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number hours per day and days per week that the

employees may be required to work. ORS 279B.235(5).

If this agreement is for a public improvement, the contract shall contain the following conditions:

10) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided

for in the contract. ORS 279C.505(1)(a).

11) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. ORS 279C.505(1)(b).

12) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. ORS 279C.505(1)(c).

13) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279C.505(1)(d).

14) The contractor shall demonstrate that an employee drug testing program is in place. ORS 279C.505(2).



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15) If the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or

subcontractor by any person in connection with the public improvement contract as the claim becomes due, the proper officer or officers representing the state or a county, school district, municipality, municipal corporation or subdivision thereof, as the case may

be, may pay such claim to the person furnishing labor or services and charge the amount of the payment against the funds due or to

become due the contract by reason of the contract. If the contractor or first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of

payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due

plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4) and is subject to a good faith dispute as defined in ORS 279C.580. If the contractor or a subcontractor fails, neglects or refuses to make payment to a person

furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the

Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. ORS 279C.515.

16) The payment of a claim does not relieve the contractor or the contractor’s surety from obligation with respect to any unpaid claims.

ORS 279C.515(4).

17) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity,

emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279C.100, the employee shall be paid at least time and a half pay:

a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive

days; or,

b) For all overtime in excess of 10 hours in anyone day or 40 hours in any one week when the work week is four

consecutive days, Monday through Friday; and, c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020. ORS 279C.520(1).

An employer shall give notice in writing to employees who work on a public contract either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day

and days per week that the employees may be required to work. ORS 279B.520(2).

18) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half

for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279C.520(3).

19) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540(1)(b)(B)-(G) and for

all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. An employer

shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week

that the employees may be required to work. ORS 279C.520(5)

20) ENVIRONMENTAL MATTERS: In compliance with ORS 279C.525, the Contractor is made aware that the following federal, state,

and local agencies have enacted ordinances or regulations relating to the prevention of environmental pollution or the preservation of

natural resources which may affect performance of SUB contracts. This is not intended to be a complete listing of agencies. Other agencies may have enacted ordinances or regulations that may apply.

If the Contractor is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not

cited in the Contract or due to enactment of new or the amendment of existing statutes, ordinances, rules or regulations relating to the prevention of natural resources occurring after the submission of the successful quote, the contracting agency may, at its discretion,

terminate the Contract, complete the work itself; use non-agency forces already under contract with the City, require that the

underlying property owner be responsible for cleanup, solicit quotes for a new contractor to provide the necessary services or issue the Contractor a change order setting forth the additional work that must be undertaken.

If the Contractor encounters a condition not referred to in the Invitation to Bid documents, not caused by the Contractor or any

subcontractor employed on the project and not discoverable pre-bid visual site inspection, and the condition requires compliance with the ordinances, rules or regulations referred to under this regulation, the contractor shall immediately notify SUB of the condition.

FEDERAL AGENCIES

Department of Agriculture Fish and Wildlife Services Forest Service Office of Surface Mining

Soil Conservation Service Reclamation and Enforcement

Department of the Army Corps of Engineers Bureau of Reclamation

Coast Guard Department of Labor

Department of Health and Human Services Occupational Safety and Health Administration

Department of the Interior Mine Safety and Health Administration Bureau of Indian Affairs Department of Transportation

Bureau of Land Management Federal Highway Administration

Bureau of Outdoor Recreation Environmental Protection Agency Department of Commerce

STATE AGENCIES Department of Agriculture Department of Human Services

Department of Energy Land Conservation and Development Commission

Department of Environmental Quality Division of State Lands



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Department of Fish and Wildlife State Soil and Water Conservation Commission

Department of Forestry Water Resources Department Department of Geology and Minerals Oregon Department of Transportation

LOCAL AGENCIES Common Council, City of Springfield Planning Commission, City of Springfield

Environmental Services, City of Springfield Development Services Department, City of Springfield

Board of Commissioners, Lane County Planning Commission, Lane County Lane Regional Air Protection Agency Springfield Utility Board

Willamalane Park & Recreation District Springfield Downtown & Glenwood Urban Renewal Districts

Rainbow Water District

21) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital

care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of

employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply

with ORS 656.017. ORS 279C.530.

22) A contract for public works shall contain a provision stating the existing state prevailing rate and wage and, if applicable, the federal

prevailing rate of wage required. Every contract and subcontract shall contain a provision that workers shall be paid not less than the

specified minimum hourly rate of wage in accordance with ORS 279C.838. ORS 279C.830(1).

If this agreement is for demolition, the contract shall also contain the following conditions:

23) Contractor must salvage or recycle construction and demolition debris, if feasible and cost-effective. ORS 279C.510(1)



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EXHIBIT C

OREGON TAX LAWS COMPLIANCE AND CERTIFICATION

A. Contractor's Compliance with Tax Laws.

1. Contractor must, throughout the duration of this Contract and any extensions, comply with all tax

laws of this state and all applicable tax laws of any political subdivision of this state. For the purposes of this

Section, 'tax laws" includes all the provisions described in Subsection B. 1. (i) through (iv) of this Contract.

2. Any violation of Subsection 1 of this Section A shall constitute a material breach of this Contract.

Further, any violation of Contractor's warranty, in Subsection B.1. of this Contract, that Contractor has complied

with the tax laws of this state and the applicable tax laws of any political subdivision of this state also shall

constitute a material breach of this Contract. Any violation shall entitle City to terminate this Contract, to pursue and

recover any and all damages that arise from the breach and the termination of this Contract, and to pursue any or all

of the remedies available under this Contract, at law, or in equity, including but not limited to:

a. Termination of this Contract, in whole or in part;

b. Exercise of the right of setoff, and withholding of amounts otherwise due and owing to

Contractor, in an amount equal to State's setoff right, without penalty; and

c. Initiation of an action or proceeding for damages, specific performance, declaratory or

injunctive relief. City shall be entitled to recover any and all damages suffered as the result of Contractor's breach of

this Contract, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and

costs incurred in securing [replacement Services/replacement Goods/ a replacement contractor].

These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or

remedies singly, collectively, successively, or in any order whatsoever.

B. Contractor's Representations and Warranties.

Contractor represents and warrants to City that:

1. Contractor (to the best of Contractor's knowledge, after due inquiry), for a period of no fewer than

six calendar years preceding the [date of Closing of {bids/proposals}for/effective date of] this Contract, faithfully

has complied with:

(i) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters

316, 317, and 318;

(ii) Any tax provisions imposed by a political subdivision of this state that applied to

Contractor, to Contractor's property, operations, receipts, or income, or to Contractor's performance of or

compensation for any work performed by Contractor;

(iii) Any tax provisions imposed by a political subdivision of this state that applied to

Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and

(iv) Any rules, regulations, charter provisions, or ordinances that implemented or enforced

any of the foregoing tax laws or provisions.

Any [Goods/Items/Equipment/Components/Hardware/Software/Intellectual Property Rights, etc.] [delivered

to/granted to] City under this Contract, and Contractor's Services rendered in the performance of Contractor's

obligations under this Contract, shall be provided to City free and clear of any and all restrictions on or conditions of

use, transfer, modification, or assignment, and shall be free and clear of any and all liens, claims, mortgages,

security interests, liabilities, charges, and encumbrances of any kind.



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City of Springfield MURRAYSMITH Jasper Trunk Sewer PH 3 December 2019 1

SCOPE OF WORK ENGINEERING SERVICES FOR

JASPER TRUNK SEWER EXPANSION PHASE 3 CITY OF SPRINGFIELD

Project Background and Understanding

The City of Springfield would like to extend the Jasper Trunk Sewer approximately 5,400 feet southeasterly from its current upstream termination point to a point near the intersection of Bob Straub Parkway and Jasper Road. In 2011, Murraysmith prepared preliminary plans for the entire, approximately five-mile, Jasper Trunk Sewer Extension (Phases 1 through 4) and completed the final design of Phases 1 and 2, which were constructed in 2012 and 2013, respectively. Phase 3 of the project will include limited survey, wetlands delineations, environmental permitting, local agency permitting, BPA permitting, easement acquisition, final design (plans, specifications, and estimate), and bid phase services. Construction phase engineering services are not included in this Scope of Work and will be added by future amendment, if desired by the City. Construction of Phase 3 is anticipated to begin in the summer of 2021.

The scope of services below is based on the following key assumptions:

▪ Plans will be developed to conform to the City’s Engineering Design Standards and Procedures Manual.

▪ The City of Springfield has adopted the ODOT/APWA Oregon Standard Construction Specifications and those will be used for the project. The Standard Construction Specifications will be amended as necessary through project specific Special Provisions.

▪ Public Involvement services are not included in this Scope of Work. ▪ Rights of entry to private properties for engineering services will be obtained by the City. ▪ The final trunk sewer alignment will closely resemble the alignment shown in the

preliminary 60 percent plans prepared in 2011. ▪ No Union Pacific Railroad permits will be required. ▪ Geotechnical investigations and reporting for the project were conducted in 2009 and

2010. No additional geotechnical investigations will be conducted under this Scope of Work.

▪ The City will advertise the project for construction, manage the procurement process, and issue award of contract.

▪ Construction phase engineering services are not included in this Scope of Work. If the City desires Murraysmith to assist with construction phase engineering services, they will be added by future amendment when the scope of such services is further defined.

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City of Springfield MURRAYSMITH Jasper Trunk Sewer PH 3 December 2019 2 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Trunk PH 3 - Scope of Work - DRAFT - v2.docx

Scope of Services

Task 1 – Project Management & Coordination

Consultant and sub-consultant staff will coordinate within the project team, and with City staff throughout the duration of the project and prepare and submit monthly invoices and progress reports in a format approved by the City. Coordination will occur via telephone, written communication, and email. Consultant will also prepare for and attend a project kick-off meeting with City staff. Overall quality assurance for the project will be performed under this task. Quality control for various project aspects will be performed under their respective tasks.

Assumptions:

▪ Project duration for the design and bid phases of the project is assumed to be seventeen months, with construction beginning in June 2021.

▪ Project management and coordination for construction phase engineering services is not included.

Deliverables:

▪ Monthly invoices with progress reports. ▪ Kick-off meeting agenda and meeting summary. ▪ Initial project schedule at the kick-off meeting. Updated project schedules, as needed.

Task 2 – Surveying

Topographic survey and base map development for the project was performed in 2009. Additional surveying services for this phase of the project will be required to supplement the 2009 survey, described as follows:

▪ Control Survey – Recover existing survey control and establish new control as necessary. Filed locate enough existing property and right-of-way monumentation within the project limits to confirm or reestablish the boundary and right-of-way lines in the original base map and to prepare legal descriptions for easement acquisition.

▪ Wetland Boundary Ties – Survey the delineated wetland boundaries along the trunk sewer alignment.

▪ Supplemental Topographic Survey – Provide topographic survey for an approximately 300-foot long by 50-foot wide strip at the upstream end of the trunk sewer alignment to confirm existing topography, existing utilities, and existing above ground features within and near Bob Straub Parkway.

▪ Legal Descriptions and Exhibits – Prepare legal descriptions and exhibits for permanent and temporary easements along the trunk sewer alignment.

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Assumptions:

▪ Easements will be required from up to six properties.

Deliverables:

▪ AutoCAD basemap for use in design and permitting (1-foot contour intervals). ▪ Legal descriptions and exhibits for permanent and temporary easements for up to six

properties.

Task 3 – Environmental and Cultural Permitting

Murraysmith project team partner Mason, Bruce & Girard, Inc. (MB&G) will lead the environmental and cultural permitting elements of the project.

The project corridor is immediately east of the Middle Fork of the Willamette River (MFWR). The MFWR supports Endangered Species Act (ESA)-listed fish species and is designated critical habitat for ESA-listed bull trout and Chinook salmon. Previous site investigations documented wetlands and cultural resources within and immediately adjacent to the project area. As such, this Scope of Work assumes the project will require a Clean Water Act (CWA) Section 404 permit, a CWA Section 401 permit, a State Removal-Fill permit, and other clearances associated with the federal permitting nexus, such as compliance with Section 106 of the National Historic Preservation Act (NHPA) and the ESA. Per Lane County mapping resources, the project area does not intersect flood zones or riparian areas. As such, this Scope of Work assumes that Lane County Land Use review and permitting will not be required.

MB&G will conduct a site assessment and prepare environmental documentation that satisfies the requirements of state and federal environmental regulatory agencies. The site assessment will consist of a wetland/waters of the US/State delineation, which includes the delineation of wetlands, stream channels, and jurisdictional ditches. The site assessment will also entail an assessment of general habitat characteristics and the presence of ESA-listed plant and/or animal species or associated habitats. The anticipated impacts to wetlands will necessitate the preparation of a Joint Permit Application (JPA) and associated wetland mitigation planning. Historical Research Associates, Inc. (HRA) (a subconsultant to MB&G) will conduct the requisite background research, survey excavation permitting, cultural/archaeological field surveys, and reporting for resources that may be in the project area. Environmental and cultural permitting tasks are described as follows:

Environmental and Cultural Permitting Project Management - To implement the work under this task, MB&G will coordinate with the Murraysmith Project Manager and HRA regarding project schedule and deliverables. This task includes one environmental kickoff meeting to be held at the proposed project site. This task also includes subcontractor management, staffing, budget tracking and invoicing, quality assurance/quality control for project deliverables, and contract oversight.

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Obtain and Review Existing Environmental Data – The Murraysmith team will coordinate to obtain, transfer, and review basic background data on the project such as: purpose and need, existing survey information, geotechnical information, extent of the project area, alternatives considered, AutoCAD files, and anticipated construction schedule. MB&G shall review preliminary project scope information to confirm the project area and assist in the determination of potential wetland/waters impacts from the project. MB&G shall obtain and review baseline environmental information for the project area, including the National Wetland Inventory (NWI) records, Local Wetland Inventory (LWI) maps, Lane County Soil Survey, previous wetland/waters delineations, and other relevant investigations/reports that have been performed within the project area or its vicinity. MB&G will also review LiDAR (if available), USGS mapping records, Lane County Land Use mapping records, and the National Hydrography Dataset (NHD) to identify potential resources. The project area does not overlap with designated critical habitat for ESA-listed plants or animals; however, listed species could be present. To assess the potential for sensitive species, MB&G will obtain and review ORBIC and IPaC records. The City proposes a permanent gravel access road along portions of the sewer alignment, and gravel roads are considered impervious surfaces by the Oregon Department of Environmental Quality (DEQ), National Marine Fisheries Service (NMFS), and the US Fish and Wildlife Service (USFWS). The project team anticipates that the Standard Local Operating Procedures for Endangered Species V (SLOPES V) programmatic ESA consultation can be used to evaluate potential stormwater runoff impacts to ESA-listed chinook salmon in the MFWR. The team also anticipates being able to us a USFWS programmatic Biological Opinion (BO) for bull trout to address potential effects due to stormwater. This task includes outreach to both agencies to confirm permitting requirements. Site Reconnaissance and Wetland/Waters Delineation – MB&G shall conduct a field reconnaissance of the project area to delineate jurisdictional wetlands and waters and to assess general habitat conditions for ESA-listed terrestrial species. The delineation shall be conducted in accordance with the criteria and methods described in the 1987 U.S. Army Corps of Engineers (USACE) Wetlands Delineation Manual (Manual) (Environmental Laboratory Technical Report Y-87-1) and Western Mountains, Valleys, and Coasts Regional Supplement. MB&G shall assess the ordinary high-water mark (OHWM) of any jurisdictional waters and/or ditches using field indicators listed in OAR 141-085-0010 (150) (a-f). MB&G shall place flags in the field that identify the boundaries of regulated wetland and water resources and the locations of wetland sample plots. Upon completion of the wetland delineation fieldwork, MB&G shall provide Murraysmith with a sketch map showing the approximate locations of wetland and waters flags placed in the field. The wetland and waters flags will be surveyed under Task 2. Wetland and Waters of the U.S. and State Delineation Report – MB&G shall prepare a Wetland/Waters of the U.S. and State Delineation Report (Delineation Report) that documents

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the presence and locations of jurisdictional wetlands, including waters, in accordance with the Oregon Department of State Land’s (DSL) reporting standards. The report shall include all wetland data sheets recorded in the field and a full description of the soils, vegetation, and hydrology within the delineated areas and adjacent uplands. The report shall include appropriate graphics such as a survey map of the wetland and waters boundaries, site location map, NWI or LWI map, soil survey map, and representative photographs. A draft Delineation Report will be provided for review. MB&G shall revise the draft Wetland/Waters Delineation Report per review comments and prepare a final Wetland/Waters Delineation Report for submittal to the DSL for concurrence review. Joint Permit Application and Mitigation Planning – The proposed project will impact jurisdictional wetlands, and the project may impact jurisdictional waters features. Removal and fill actions within jurisdictional features require permits from the USACE and the DSL. The federal permitting nexus and the proposed gravel access road also trigger DEQ review for compliance with Section 401 of the CWA. MB&G will prepare a JPA to permit such impacts to jurisdictional wetlands and waters. The preparation of the JPA for this project shall involve three principal subtasks: 1) pre-application coordination with agencies and project engineers, 2) preparation and submittal of the JPA, and 3) post-submittal coordination with reviewing agencies to respond to questions during their review of the JPA. During the pre-application phase, MB&G shall coordinate with representatives of the USACE, DSL, and DEQ to confirm permitting requirements and permit application procedures. The JPA will require a discussion of alternatives for the project in order to demonstrate that the proposed alignment is the best practicable alternative that minimizes impacts to wetlands and waters. Using the information obtained during the pre-application coordination and from the site reconnaissance, MB&G shall prepare a single JPA on behalf of the City to be submitted to the USACE and DSL. The JPA shall be used to obtain a CWA Section 404 permit from the USACE and a Removal/Fill Permit from the DSL. Portions of the JPA will also be used to obtain Section 401 clearance from the DEQ. Wetland mitigation will be achieved through a mitigation bank. Endangered Species Act Compliance Documentation – The City of Springfield proposes construction of a gravel access road along portions of the trunk sewer alignment, and the project is proximal to the MFWR, its floodplain, and at least one small tributary that discharges directly to the river. The MFWR supports ESA-listed fish species and is designated critical habitat for bull trout and chinook salmon. The DEQ and federal fisheries agencies consider gravels road as impervious surfaces, which triggers the need for stormwater management. As such, the project will likely require a consultation with NMFS and USFWS. Consultation with NMFS can likely be performed via the SLOPES V Programmatic BO, which covers potential effects to chinook salmon. Consultation with the USFWS can likely be performed via the SLOPES programmatic for bull trout, which covers some utility projects. The project team will coordinate with the City to develop design and construction approaches that minimize

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potential impacts to listed fish. MB&G shall prepare SLOPES compliance documentation materials that describe potential impacts to ESA-listed chinook and bull trout and outline appropriate conservation measures and best management practices to ensure ESA compliance for the project. Cultural and Historical Compliance Documentation – Given the need for a CWA Section 404 permit from the USACE, a cultural resources survey will be required to comply with Section 106 of the NHPA. HRA will perform the background research, permitting, field survey, and reporting to meet these requirements of the NHPA and to gain concurrence of the Oregon State Historic Preservation Office (SHPO). HRA will conduct background research in the Oregon State Historic Preservation Office (SHPO) site and survey databases, and within the HRA library. HRA staff will also review previous geotechnical reports, General Land Office (GLO) maps, soils and wetland data, and any other resources deemed appropriate during the course of the investigations. HRA will apply for an Oregon State Archaeological Excavation Permit to complete subsurface archaeological investigations in and around archaeological site 35LA1235. There are no state requirements for to obtain a permit to excavate on private lands, but state law does require a permit to excavate within the boundaries of a recorded archaeological site. The permit will allow for HRA to conduct shovel testing within the site and identify (and collect) more than 10 artifacts if they are encountered. The permit will require a letter from the landowner granting permission to conduct the survey and a letter from the project proponent (City of Springfield) agreeing to pay for the costs associated with the Scope of Work detailed in the permit. The permitting process can take between 35 and 40 days. HRA requires up to 5 days to draft and submit the permit. Once submitted, the SHPO typically processes it within 2-3 days, and then sets a 30-calendar-day clock for submission of stipulations by the reviewing parties. HRA will conduct a survey to identify cultural resources. The survey will include pedestrian walkover and subsurface shovel probes, if deemed appropriate. The pedestrian archaeological survey will involve archaeologists walking along transects spaced no more than 20 meters apart systematically examining the ground surface for archaeological materials. All pedestrian archaeological survey will conform to the current guidelines of the Oregon SHPO. Shovel probes will be excavated in any areas with high potential for buried deposits and/or low ground surface visibility. Probes will measure 30 centimeters (cm) in diameter and will extend to a minimum of 50 cm below surface. Should soil profiles encountered in shovel probes warrant deeper investigation, a 4-inch bucket auger may also be used to excavate below the typical depth of shovel probes. The bucket auger would be placed in the bottom of a shovel probe at approximately 70-80 cm below the surface and be excavated up to 2 meters below the surface. All soils will be screened through 1/8-inch hardware mesh. HRA will evaluate the results of background research and fieldwork and draft a report to SHPO standards to aid in satisfying the cultural resources evaluation requirements of Section 106. The report will include documentation of background research, methods and results of the field

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investigations, and conclusions and recommendations for further work, if any. The report will include all necessary graphics and resources forms for up to one resource. HRA will submit the draft report to the City of Springfield and MB&G for review. Upon receipt of any comments on the draft report, HRA will finalize all documentation into a final report. All final documentation will be submitted to the Oregon SHPO using the Go Digital Process. All artifacts identified in subsurface shovel probes within the 35LA1235 site area will need to be collected, washed, sorted, catalogued, and analyzed and curated. Artifacts will be processed and analyzed following federal and state standards. The landowner has the right to keep the artifacts if they choose or donate them to the Oregon State Museum of Natural and Cultural History or another approved curation facility. If the landowner elects to keep the artifacts, all photographs, paperwork, and technical reports are still curated with the museum.

Assumptions:

▪ MB&G will remit the records request fee to ORBIC; the fee payment will appear as a direct project expense on project invoicing.

▪ Wetlands are assumed to be present within the project area, as indicated by previous delineations, NWI, and Lane County Land Use mapping records.

▪ Two MB&G biologists will perform the site reconnaissance in two, 8-hour days. ▪ The project site is assumed to be approximately 5,200 feet long by 60 feet wide. ▪ Hydrologic and/or groundwater monitoring will not be required for determining wetland

or waters boundaries. ▪ Access to private property in the project area shall be arranged for and provided by the

City of Springfield. ▪ The project will not necessitate permanent impacts to jurisdictional streams. Therefore,

this task will not require the Stream Functional Assessment Methodology (SFAM). ▪ Although this task includes an assessment of ESA-listed species’ habitat, this Scope of

Work assumes that listed terrestrial species are not present. If listed species are present within the project area, an amendment would be needed to prepare a Biological Assessment.

▪ MB&G shall provide payment for the DSL delineation report submittal fee, and the submittal fee will be included on project invoicing.

▪ This task does not include a site visit with DSL or USACE staff to review the delineation results.

▪ The project will incur permanent wetland impacts and will therefore require the applicable permits and wetland mitigation that satisfies the USACE and the DSL mitigation requirements.

▪ Wetland mitigation will be achieved via the purchase of wetland mitigation bank credits from the Coyote Prairie North Wetland Mitigation Bank. As of the date of this SOW, the Coyote Prairie North Mitigation Bank did not have any mitigation credits available for purchase. However, it is anticipated that the bank will have credits available at the time of permitting and construction. The City will remit wetland mitigation costs directly to the bank.

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▪ MB&G will pay the DSL’s JPA review fee, and the JPA review fee will be included on project invoicing.

▪ The DEQ will invoice the City directly for the Section 401 review, and the City will remit payment directly to the DEQ.

▪ Wetland impacts will be less than 0.2 acre and will therefore not require a Principal Objective Analysis or ORWAP functional assessment. A best professional judgement functional assessment for wetlands and waters impacts is included in preparation of the JPA under this task.

▪ The project will have no effect on listed plant and wildlife species. If the project may affect listed plant or wildlife species, the project may require a Biological Assessment and consultation with the USFWS, which would require an amendment to this Scope of Work.

▪ The City shall sign the JPA authorizing MB&G to function as the City’s agent in obtaining the permits.

▪ The City will acquire signatures from all appropriate parties as required for completion of the JPA, including applicants, landowners (if required), and Lane County planning officials.

▪ All coordination with agencies under this task will be accomplished through telephone, mail, and electronic correspondence.

▪ Approximately 1/3 of the total project area will be subjected to shovel probes for archaeological investigations, no more than 24 shovel probes will be excavated.

▪ It is assumed that one archaeological resource will be recorded. Recordation of additional resources could result in the need for an amendment to this Scope of Work.

Deliverables:

▪ Sketch map of wetland and waters flag locations. ▪ Sketch map of the locations of any listed species/habitats identified during the site

reconnaissance. ▪ Draft and Final Wetland Delineation Report (electronic Word and PDF copy). ▪ Draft and Final JPA (electronic MS Word and PDF). ▪ Draft and Final SLOPES compliance materials (MS Word and PDF). ▪ Draft and Final Archaeological Report (MS Word and PDF). ▪ SHPO Report Cover and SHPO Submittal Form (PDF).

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Task 4 – Bonneville Power Administration Permitting

Bonneville Power Administration (BPA) has a power transmission line right-of-way that runs through the project area. To construct the trunk sewer, the pipeline must cross the BPA right-of-way. Based on preliminary discussions with BPA staff, it is understood that a Land Use Agreement will be required. Consultant will prepare and submit the required application and coordinate with BPA regarding the design and anticipated construction requirements. The Land Use Agreement will be obtained prior to project advertisement for construction.

Assumptions:

▪ The City will be named as the applicant on the permit application. ▪ The City will pay BPA permit fees directly.

Deliverables:

▪ Draft permit application (PDF).

Task 5 – Lane County Permitting

The proposed trunk sewer alignment includes crossing Bob Straub Parkway near Jasper Road. Constructing a pipeline across Bob Straub Parkway will require a Lane County Public Works Facility Permit. Work associated with Lane County Permitting will include the following:

60% Plan Review – Meet with the County permitting staff to review the updated 60% plans and incorporate input as needed.

Application Preparation and Submittal – Complete the required permit application and submit to the County for approval.

Assumptions:

▪ The City will be named as the applicant on the permit application. ▪ The City will pay County permit fees directly.

Deliverables:


Task 6 – Easement Acquisition Services

Consultant shall provide labor, equipment, and materials to provide valuation and acquisition services for the City of Springfield. Easement acquisition activities shall confirm to the standards contained in the Uniform Act of 1970 and amendments, Oregon State Law and the City of

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Springfield policies and procedures. It is assumed that easement acquisition will be required from up to six properties. Easement acquisition tasks are described as follows: Title Reports – Consultant shall order preliminary title reports. Preliminary title reports will be needed for development of the legal descriptions and will need to be ordered prior to the preparation of legal descriptions. Appraisals and Appraisal Reviews – Consultant shall use Oregon state-certified appraisers. Consultant shall provide one real estate appraisal for each ownership from which a property interest is to be acquired. Real estate appraisals shall conform to the standards contained in the USPAP (Uniform Standards of Professional Appraisal Practice, and Oregon State Laws. Consultant shall provide not fewer than fifteen (15) days written notice to owners of a planned appraisal inspection and shall provide the property owner or designated representative, if any, an invitation to accompany the appraiser on any inspection of the property for appraisal purposes. Consultant shall provide an appraisal review for each appraisal. The appraisal review will be conducted by another certified appraiser. Acquisition – Consultant shall conduct negotiations, on behalf of the City, for easement acquisition in accordance with the applicable State and Federal law, and the City’s policies and procedures. Consultants shall compile and/or prepare all essential documents to be submitted to owners and tenants as required. Consultant shall make all offers in person or by certified mail. Consultant shall provide property owners with:

▪ A complete copy of the valuation information used to determine compensation. ▪ A written notice as part of the offer that they have a minimum of 40 days to accept or

reject the offer, as per state law.

Property owners who are considering a donation must be informed in writing of their right to just compensation. The owner will sign the donation form indicating their waiver of their rights, if they elect to donate. Consultant shall prepare and maintain written diaries of negotiator contacts with property owners and tenants to document:

▪ Efforts to achieve amicable settlements. ▪ Owners' suggestions for changes in plans. ▪ Responses to owners' counterproposals.

Consultant shall make every reasonable effort to acquire the easements expeditiously by negotiation. Property owners must be given reasonable opportunity to consider the offer and present material the owner believes is relevant to determining the value of the property.

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Consultant shall conduct negotiations for acquisition of real property in accordance with applicable State and Federal law. Consultant will assist in clearing interests from title that are deemed necessary by the City

Assumptions:

▪ No specialty reports will be required. ▪ No expert witness fees for trial preparation and testimony are included in this scope. ▪ No relocation activity is anticipated. ▪ City will pay closing costs.

Deliverables:

▪ Preliminary Title Reports for properties impacted by the Project – Six properties are assumed.

▪ Six real estate appraisals ▪ Six real estate appraisal reviews ▪ Six completed negotiation files, with deeds for recording, for each acquisition.

Task 7 – Utility Coordination

Consultant shall coordinate with public and franchise utility owners to determine potential impacts associate with the proposed trunk sewer. Consultant will obtain mapping from utilities and adjust the proposed trunk sewer alignment to avoid conflicts.

Assumptions:

▪ It is assumed that there will be no conflicts that require relocation of existing utilities. ▪ If relocation of existing utilities is required, coordination and review of relocation plans

will be included by an amendment to this Scope of Work.

Task 8 – Update 60% Design

In 2011, Murraysmith prepared preliminary 60% plans for the entire five miles of the proposed Jasper trunk sewer. Under this task, consultant will update the preliminary plans and prepare draft specifications to reflect changes since 2011. Specific work elements under this task are noted below.

▪ MSA’s engineering will comply with the City of Springfield’s adopted Engineering Design Standards and Procedures Manual, as modified to suit the particular elements of this project. Plan and profile drawings will be developed at a horizontal scale of 1 inch = 20 feet and vertical scale of 1 inch = 5 feet. Drawings will be produced in the City’s desired version of AutoCAD.

▪ Update base map with new supplemental survey.

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▪ Update base map with new wetlands delineation data. ▪ Develop jack and bore design details for crossing Bob Straub Parkway and existing creeks

or wetlands, where appropriate. ▪ Confirm/identify required tree removal locations to accommodate installation and

maintenance of the trunk sewer. ▪ Develop stormwater quality/quantity design details to mitigate the impact of the

proposed gravel access road. ▪ Prepare 60% construction plans and details (full size sheets printed at half-size) as

needed to clearly describe the work to be constructed for this phase of the project (Phase 3). See the anticipated list of plan sheets at the end of this Scope of Work for a list of construction plans.

▪ Prepare 60% specifications based on the City’s Standard Construction Specifications (ODOT/APWA Oregon Standard Specifications for Construction).

▪ Prepare 60% construction cost estimate. ▪ Conduct internal quality control of the 60% deliverables. ▪ Coordinate and conduct 60% design review meeting with the City. ▪ Prepare and maintain a comment response log to track design review comments and

proposed actions.

Assumptions:

▪ The City will provide bid/contract document templates to the Consultant. ▪ The trunk sewer alignment will closely resemble the alignment shown in the 2011

preliminary 60% plans.

Deliverables:

▪ Electronic versions of the 60% plans (full size PDF plans reduced to 11x17 for review), specifications, and estimate (PDF).

▪ Meeting agenda and summary (PDF). ▪ 60% comment response log with proposed actions.

Task 9 – 90% Design

The 90% design submittal will be advanced from the 60% submittal. Tasks in addition to those listed above are noted below.

▪ Incorporate 60% design review comments. ▪ Update plans, specifications, and construction cost estimate. ▪ Conduct internal quality control of the 90% deliverables. ▪ Coordinate and conduct 90% design review meeting with the City. ▪ Update comment response log and proposed actions.

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Deliverables:



Task 10 – Final Design

The final design submittal will be advanced from the 90% submittal. Tasks in addition to those listed above are noted below.

▪ Incorporate 90% design review comments. ▪ Update plans, specifications, and construction cost estimate and prepare draft final

deliverables for City review. ▪ Conduct internal quality control of the final deliverables. ▪ Coordinate and conduct a draft final design review meeting with the City. ▪ Prepare final stamped plans (PDF) and Contract Documents (PDF) for the City’s use in

advertising the project for construction.

Assumptions:

▪ The City will advertise the project electronically through the City’s website.▪ Preparation of hard copies of the contract documents (“Bid Book”) is not included in this

Scope of Work.

Deliverables:

▪ Electronic versions of the draft final plans (full size PDF plans reduced to 11x17 for review), specifications, and estimate (PDF).

▪ Meeting agenda and summary (PDF). ▪ 100% comment response log with proposed actions. ▪ Electronic versions of the final stamped plans (full size PDF plans reduced to 11x17 for

review), specifications, and estimate (PDF).

Task 11 – Bid Phase Services

The Consultant will provide bid support as requested. Bid phase services may include:

▪ Prepare for and attend a pre-bid meeting. ▪ Assist the City in responding to bidder questions (up to 10 questions). ▪ Prepare one addendum.

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Assumptions:

▪ City will lead the bid phase of the project with assistance from the consultant, as needed. ▪ City will coordinate and lead the pre-bid meeting, including preparing the agenda and

meeting summary.

Deliverables:

▪ Addendum (PDF). ▪ A summary of responses to bidder questions (via e-mail).

Task 12 – Construction Phase Services - Deferred

Construction phase engineering services are not included in this Scope of Work. If the City desires Murraysmith to assist with construction phase engineering services, they will be added by future amendment when the scope of such services is further defined.

Preliminary Sheet List

The following is the anticipated list of plan sheets.

Running Total

Sheets Sheet

Number Description

1 1 G-1 Cover Sheet, Vicinity Map, and Location Map

2 1 G-2 Index of Drawings, Survey Control, and Drawing Key Map

3 1 G-3 Symbols, Legend, and Abbreviations

4 1 G-4 General Notes

5 1 G-5 Erosion Control Notes and Details

19 14 C1 to C14 Trunk Sewer Plan and Profile

25 6 D1 to D6 Storm, Sanitary, Roadway, and Miscellaneous Details

Budget

Payment will be made at the billing rates for personnel working directly on the project, which will be made at the Consultant’s Hourly Rates, plus Direct Expenses incurred as defined by the Master Services Agreement with the City for the project. Consultant proposes to perform this work on a time and expenses basis with a total not to exceed amount of $346,857 in accordance with the attached Fee Estimate.

Project Schedule

We anticipate design, permitting, and bid phase services to begin in early 2020 and continue through spring of 2021, with construction to begin in summer of 2021. A detailed schedule will be prepared and submitted for review prior to the project kick-off meeting.

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JASPER TRUNK SEWER EXPANSION - PHASE 3

CITY OF SPRINGFIELD, OR

PROPOSED FEE ESTIMATE

LABOR CLASSIFICATION (HOURS) Estimated Fees

Principal Engineer

IV Principal Engineer II

Professional Engineer

III

Engineering Designer

I Technician IV Hours Labor

Subconsultant

Multiplier

Subconsultant Total

with Markup Expenses CADD Units $18/hr Total

$250 $230 $157 $132 $155

McTeague Evonuk Swartzendruber Bennett Estep MB&G PBS UFS

Task 1 - Project Management and Coordination

Overall Project Management and Coordination 80 80 18,400$ 1.1 -$ -$ -$ 18,400$

Monthly Invoicing and Budget Tracking 16 8 24 4,936$ 1.1 -$ -$ -$ 4,936$

Project Kick-off Meeting 8 16 24 4,352$ 1.1 -$ 150$ -$ 4,502$

Project Schedule and Schedule Updates 4 16 20 3,432$ 1.1 -$ -$ -$ 3,432$

Overall Project Quality Assurance 16 16 4,000$ 1.1 -$ -$ -$ 4,000$

Task 1 Subtotal 16 108 40 0 0 164 35,120$ -$ -$ -$ -$ 150$ -$ 35,270$

Task 2 - Surveying

Control Survey 2 2 314$ 3,000$ 1.1 3,300$ -$ -$ 3,614$

Wetland Boundary Ties 2 4 6 1,088$ 5,400$ 1.1 5,940$ -$ -$ 7,028$

Supplemental Topographic Survey 2 2 314$ 4,000$ 1.1 4,400$ -$ -$ 4,714$

Legal Descriptions and Exhibits 2 4 6 1,088$ 4,500$ 1.1 4,950$ -$ -$ 6,038$

Task 2 Subtotal 0 4 12 0 0 16 2,804$ -$ 16,900$ -$ 18,590$ -$ -$ 21,394$

Task 3 - Environmental and Cultural Permitting

Environmental and Cultural Permitting Project Management 0 -$ 5,728$ 1.1 6,301$ -$ -$ 6,301$

Obtain and Review Existing Environmental Data 4 4 920$ 2,256$ 1.1 2,482$ -$ -$ 3,402$

Site Reconnaissance and Wetland/Waters Delineation 8 12 20 3,724$ 7,132$ 1.1 7,845$ 150$ -$ 11,719$

Wetland and Waters of the U.S. and State Delineation Report 4 4 8 16 2,788$ 5,422$ 1.1 5,964$ -$ 144$ 8,896$

Joint Permit Application and Mitigation Planning 12 24 8 44 7,768$ 8,203$ 1.1 9,023$ -$ 144$ 16,935$

Endangered Species Act Compliance Documentation 8 8 16 3,096$ 5,364$ 1.1 5,900$ -$ -$ 8,996$

Cultural and Historical Compliance Documentation 4 4 8 1,548$ 20,932$ 1.1 23,025$ -$ -$ 24,573$

Task 3 Subtotal 0 40 52 0 16 108 19,844$ 55,037$ -$ -$ 60,541$ 150$ 288$ 80,823$

Task 4 - Bonneville Power Administration Permitting

Bonneville Power Administration Permitting 8 16 4 28 4,972$ 1.1 -$ -$ 72$ 5,044$

Task 4 Subtotal 0 8 16 0 4 28 4,972$ -$ -$ -$ -$ -$ 72$ 5,044$

Task 5 - Lane County Permitting

60% Plan Review with County 8 8 16 3,096$ 1.1 -$ 150$ -$ 3,246$

Application Preparation and Submittal 2 8 10 1,716$ 1.1 -$ -$ -$ 1,716$

Task 5 Subtotal 0 10 16 0 0 26 4,812$ -$ -$ -$ -$ 150$ -$ 4,962$

Task 6 - Easement Acquisition Services

Title Reports 2 2 314$ 2,100$ 1.1 2,310$ -$ -$ 2,624$

Appraisals and Appraisal Reviews 8 8 16 3,096$ 35,052$ 1.1 38,557$ -$ -$ 41,653$

Acquisition 24 12 36 7,404$ 21,334$ 1.1 23,467$ -$ -$ 30,871$

Task 6 Subtotal 0 32 22 0 0 54 10,814$ -$ -$ 58,486$ 64,335$ -$ -$ 75,149$

Task 7 - Utility Coordination

Utility Coordination 2 4 8 14 2,144$ 1.1 -$ -$ -$ 2,144$

Task 7 Subtotal 0 2 4 8 0 14 2,144$ -$ -$ -$ -$ -$ -$ 2,144$

Task 8 - Update 60% Design

Update 60% Plans 4 40 40 40 124 18,680$ 1.1 -$ 150$ 720$ 19,550$

Prepare 60% Specifications 8 24 24 56 8,776$ 1.1 -$ -$ -$ 8,776$

Prepare 60% Construction Cost Estimate 1 4 16 21 2,970$ 1.1 -$ -$ -$ 2,970$

Quality Control for 60% Deliverables 8 8 1,840$ 1.1 -$ -$ -$ 1,840$

Coordinate and Conduct 60% Design Review Meeting 8 12 20 3,724$ 1.1 -$ 150$ -$ 3,874$

Prepare and Maintain Comment Response Log 2 8 8 18 2,772$ 1.1 -$ -$ -$ 2,772$

Task 8 Subtotal 0 31 88 88 40 247 38,762$ -$ -$ -$ -$ 300$ 720$ 39,782$

Subconsultants

City of Springfield

December 2019G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Phase 3 Fee Estimate

Murraysmith

Jasper Trunk Sewer Ph 3

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Principal Engineer



III



Subconsultant

Multiplier

Subconsultant Total


$250 $230 $157 $132 $155


Subconsultants

Task 9 - 90% Design

Prepare 90% Plans 8 40 60 60 168 25,340$ 1.1 -$ -$ 1,080$ 26,420$





Update Comment Response Log 2 8 8 18 2,772$ 1.1 -$ -$ -$ 2,772$

Task 9 Subtotal 0 31 88 100 60 279 43,446$ -$ -$ -$ -$ 150$ 1,080$ 44,676$

Task 10 - Final Design

Prepare Draft Final Plans 4 16 16 24 60 9,264$ 1.1 -$ -$ 432$ 9,696$

Prepare Draft Final Specifications 4 16 8 28 4,488$ 1.1 -$ -$ -$ 4,488$

Prepare Draft Final Construction Cost Estimate 1 2 4 7 1,072$ 1.1 -$ -$ -$ 1,072$

Quality Control for Final Deliverables 8 8 1,840$ 1.1 -$ -$ -$ 1,840$

Coordinate and Conduct Draft Final Design Review Meeting 8 12 20 3,724$ 1.1 -$ 150$ -$ 3,874$


Prepare Final Stamped Plans, Specificaitons, and Estimate 2 12 12 8 34 5,168$ 1.1 -$ -$ 144$ 5,312$

Task 10 Subtotal 0 29 62 44 32 167 27,172$ -$ -$ -$ -$ 150$ 576$ 27,898$

Task 11 - Bid Phase Services

Attend Pre-Bid Meeting 8 16 24 4,352$ 1.1 -$ 150$ -$ 4,502$

Respond to Bidder Questions 2 4 6 1,088$ 1.1 -$ -$ -$ 1,088$

Prepare Addendum (One Assumend) 1 16 8 25 3,982$ 1.1 -$ -$ 144$ 4,126$

Task 11 Subtotal 0 11 36 0 8 55 9,422$ -$ -$ -$ -$ 150$ 144$ 9,716$

Task 12 - Construction Phase Services - DEFERRED

Task 12 Subtotal 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$

TOTAL - ALL TASKS 16 306 436 240 160 1158 199,312$ 55,037$ 16,900$ 58,486$ 143,465$ 1,200$ 2,880$ 346,857$

City of Springfield


Murraysmith


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SCOPE OF WORK ENGINEERING SERVICES FOR

JASPER TRUNK SEWER EXPANSION PHASE 3 CITY OF SPRINGFIELD

Project Background and Understanding

The City of Springfield would like to extend the Jasper Trunk Sewer approximately 5,400 feet southeasterly from its current upstream termination point to a point near the intersection of Bob Straub Parkway and Jasper Road. In 2011, Murraysmith prepared preliminary plans for the entire, approximately five-mile, Jasper Trunk Sewer Extension (Phases 1 through 4) and completed the final design of Phases 1 and 2, which were constructed in 2012 and 2013, respectively. Phase 3 of the project will include limited survey, wetlands delineations, environmental permitting, local agency permitting, BPA permitting, easement acquisition, final design (plans, specifications, and estimate), and bid phase services. Construction phase engineering services are not included in this Scope of Work and will be added by future amendment, if desired by the City. Construction of Phase 3 is anticipated to begin in the summer of 2021.

The scope of services below is based on the following key assumptions:

▪ Plans will be developed to conform to the City’s Engineering Design Standards and Procedures Manual.

▪ The City of Springfield has adopted the ODOT/APWA Oregon Standard Construction Specifications and those will be used for the project. The Standard Construction Specifications will be amended as necessary through project specific Special Provisions.

▪ Public Involvement services are not included in this Scope of Work. ▪ Rights of entry to private properties for engineering services will be obtained by the City. ▪ The final trunk sewer alignment will closely resemble the alignment shown in the

preliminary 60 percent plans prepared in 2011. ▪ No Union Pacific Railroad permits will be required. ▪ Geotechnical investigations and reporting for the project were conducted in 2009 and

2010. No additional geotechnical investigations will be conducted under this Scope of Work.

▪ The City will advertise the project for construction, manage the procurement process, and issue award of contract.

▪ Construction phase engineering services are not included in this Scope of Work. If the City desires Murraysmith to assist with construction phase engineering services, they will be added by future amendment when the scope of such services is further defined.


Scope of Services

Task 1 – Project Management & Coordination

Consultant and sub-consultant staff will coordinate within the project team, and with City staff throughout the duration of the project and prepare and submit monthly invoices and progress reports in a format approved by the City. Coordination will occur via telephone, written communication, and email. Consultant will also prepare for and attend a project kick-off meeting with City staff. Overall quality assurance for the project will be performed under this task. Quality control for various project aspects will be performed under their respective tasks.

Assumptions:

▪ Project duration for the design and bid phases of the project is assumed to be seventeen months, with construction beginning in June 2021.

▪ Project management and coordination for construction phase engineering services is not included.

Deliverables:

▪ Monthly invoices with progress reports. ▪ Kick-off meeting agenda and meeting summary. ▪ Initial project schedule at the kick-off meeting. Updated project schedules, as needed.

Task 2 – Surveying

Topographic survey and base map development for the project was performed in 2009. Additional surveying services for this phase of the project will be required to supplement the 2009 survey, described as follows:

▪ Control Survey – Recover existing survey control and establish new control as necessary. Filed locate enough existing property and right-of-way monumentation within the project limits to confirm or reestablish the boundary and right-of-way lines in the original base map and to prepare legal descriptions for easement acquisition.

▪ Wetland Boundary Ties – Survey the delineated wetland boundaries along the trunk sewer alignment.

▪ Supplemental Topographic Survey – Provide topographic survey for an approximately 300-foot long by 50-foot wide strip at the upstream end of the trunk sewer alignment to confirm existing topography, existing utilities, and existing above ground features within and near Bob Straub Parkway.

▪ Legal Descriptions and Exhibits – Prepare legal descriptions and exhibits for permanent and temporary easements along the trunk sewer alignment.


Assumptions:

▪ Easements will be required from up to six properties.

Deliverables:

▪ AutoCAD basemap for use in design and permitting (1-foot contour intervals). ▪ Legal descriptions and exhibits for permanent and temporary easements for up to six

properties.

Task 3 – Environmental and Cultural Permitting

Murraysmith project team partner Mason, Bruce & Girard, Inc. (MB&G) will lead the environmental and cultural permitting elements of the project.

The project corridor is immediately east of the Middle Fork of the Willamette River (MFWR). The MFWR supports Endangered Species Act (ESA)-listed fish species and is designated critical habitat for ESA-listed bull trout and Chinook salmon. Previous site investigations documented wetlands and cultural resources within and immediately adjacent to the project area. As such, this Scope of Work assumes the project will require a Clean Water Act (CWA) Section 404 permit, a CWA Section 401 permit, a State Removal-Fill permit, and other clearances associated with the federal permitting nexus, such as compliance with Section 106 of the National Historic Preservation Act (NHPA) and the ESA. Per Lane County mapping resources, the project area does not intersect flood zones or riparian areas. As such, this Scope of Work assumes that Lane County Land Use review and permitting will not be required.

MB&G will conduct a site assessment and prepare environmental documentation that satisfies the requirements of state and federal environmental regulatory agencies. The site assessment will consist of a wetland/waters of the US/State delineation, which includes the delineation of wetlands, stream channels, and jurisdictional ditches. The site assessment will also entail an assessment of general habitat characteristics and the presence of ESA-listed plant and/or animal species or associated habitats. The anticipated impacts to wetlands will necessitate the preparation of a Joint Permit Application (JPA) and associated wetland mitigation planning. Historical Research Associates, Inc. (HRA) (a subconsultant to MB&G) will conduct the requisite background research, survey excavation permitting, cultural/archaeological field surveys, and reporting for resources that may be in the project area. Environmental and cultural permitting tasks are described as follows:

Environmental and Cultural Permitting Project Management - To implement the work under this task, MB&G will coordinate with the Murraysmith Project Manager and HRA regarding project schedule and deliverables. This task includes one environmental kickoff meeting to be held at the proposed project site. This task also includes subcontractor management, staffing, budget tracking and invoicing, quality assurance/quality control for project deliverables, and contract oversight.


Obtain and Review Existing Environmental Data – The Murraysmith team will coordinate to obtain, transfer, and review basic background data on the project such as: purpose and need, existing survey information, geotechnical information, extent of the project area, alternatives considered, AutoCAD files, and anticipated construction schedule. MB&G shall review preliminary project scope information to confirm the project area and assist in the determination of potential wetland/waters impacts from the project. MB&G shall obtain and review baseline environmental information for the project area, including the National Wetland Inventory (NWI) records, Local Wetland Inventory (LWI) maps, Lane County Soil Survey, previous wetland/waters delineations, and other relevant investigations/reports that have been performed within the project area or its vicinity. MB&G will also review LiDAR (if available), USGS mapping records, Lane County Land Use mapping records, and the National Hydrography Dataset (NHD) to identify potential resources. The project area does not overlap with designated critical habitat for ESA-listed plants or animals; however, listed species could be present. To assess the potential for sensitive species, MB&G will obtain and review ORBIC and IPaC records. The City proposes a permanent gravel access road along portions of the sewer alignment, and gravel roads are considered impervious surfaces by the Oregon Department of Environmental Quality (DEQ), National Marine Fisheries Service (NMFS), and the US Fish and Wildlife Service (USFWS). The project team anticipates that the Standard Local Operating Procedures for Endangered Species V (SLOPES V) programmatic ESA consultation can be used to evaluate potential stormwater runoff impacts to ESA-listed chinook salmon in the MFWR. The team also anticipates being able to us a USFWS programmatic Biological Opinion (BO) for bull trout to address potential effects due to stormwater. This task includes outreach to both agencies to confirm permitting requirements. Site Reconnaissance and Wetland/Waters Delineation – MB&G shall conduct a field reconnaissance of the project area to delineate jurisdictional wetlands and waters and to assess general habitat conditions for ESA-listed terrestrial species. The delineation shall be conducted in accordance with the criteria and methods described in the 1987 U.S. Army Corps of Engineers (USACE) Wetlands Delineation Manual (Manual) (Environmental Laboratory Technical Report Y-87-1) and Western Mountains, Valleys, and Coasts Regional Supplement. MB&G shall assess the ordinary high-water mark (OHWM) of any jurisdictional waters and/or ditches using field indicators listed in OAR 141-085-0010 (150) (a-f). MB&G shall place flags in the field that identify the boundaries of regulated wetland and water resources and the locations of wetland sample plots. Upon completion of the wetland delineation fieldwork, MB&G shall provide Murraysmith with a sketch map showing the approximate locations of wetland and waters flags placed in the field. The wetland and waters flags will be surveyed under Task 2. Wetland and Waters of the U.S. and State Delineation Report – MB&G shall prepare a Wetland/Waters of the U.S. and State Delineation Report (Delineation Report) that documents


the presence and locations of jurisdictional wetlands, including waters, in accordance with the Oregon Department of State Land’s (DSL) reporting standards. The report shall include all wetland data sheets recorded in the field and a full description of the soils, vegetation, and hydrology within the delineated areas and adjacent uplands. The report shall include appropriate graphics such as a survey map of the wetland and waters boundaries, site location map, NWI or LWI map, soil survey map, and representative photographs. A draft Delineation Report will be provided for review. MB&G shall revise the draft Wetland/Waters Delineation Report per review comments and prepare a final Wetland/Waters Delineation Report for submittal to the DSL for concurrence review. Joint Permit Application and Mitigation Planning – The proposed project will impact jurisdictional wetlands, and the project may impact jurisdictional waters features. Removal and fill actions within jurisdictional features require permits from the USACE and the DSL. The federal permitting nexus and the proposed gravel access road also trigger DEQ review for compliance with Section 401 of the CWA. MB&G will prepare a JPA to permit such impacts to jurisdictional wetlands and waters. The preparation of the JPA for this project shall involve three principal subtasks: 1) pre-application coordination with agencies and project engineers, 2) preparation and submittal of the JPA, and 3) post-submittal coordination with reviewing agencies to respond to questions during their review of the JPA. During the pre-application phase, MB&G shall coordinate with representatives of the USACE, DSL, and DEQ to confirm permitting requirements and permit application procedures. The JPA will require a discussion of alternatives for the project in order to demonstrate that the proposed alignment is the best practicable alternative that minimizes impacts to wetlands and waters. Using the information obtained during the pre-application coordination and from the site reconnaissance, MB&G shall prepare a single JPA on behalf of the City to be submitted to the USACE and DSL. The JPA shall be used to obtain a CWA Section 404 permit from the USACE and a Removal/Fill Permit from the DSL. Portions of the JPA will also be used to obtain Section 401 clearance from the DEQ. Wetland mitigation will be achieved through a mitigation bank. Endangered Species Act Compliance Documentation – The City of Springfield proposes construction of a gravel access road along portions of the trunk sewer alignment, and the project is proximal to the MFWR, its floodplain, and at least one small tributary that discharges directly to the river. The MFWR supports ESA-listed fish species and is designated critical habitat for bull trout and chinook salmon. The DEQ and federal fisheries agencies consider gravels road as impervious surfaces, which triggers the need for stormwater management. As such, the project will likely require a consultation with NMFS and USFWS. Consultation with NMFS can likely be performed via the SLOPES V Programmatic BO, which covers potential effects to chinook salmon. Consultation with the USFWS can likely be performed via the SLOPES programmatic for bull trout, which covers some utility projects. The project team will coordinate with the City to develop design and construction approaches that minimize


potential impacts to listed fish. MB&G shall prepare SLOPES compliance documentation materials that describe potential impacts to ESA-listed chinook and bull trout and outline appropriate conservation measures and best management practices to ensure ESA compliance for the project. Cultural and Historical Compliance Documentation – Given the need for a CWA Section 404 permit from the USACE, a cultural resources survey will be required to comply with Section 106 of the NHPA. HRA will perform the background research, permitting, field survey, and reporting to meet these requirements of the NHPA and to gain concurrence of the Oregon State Historic Preservation Office (SHPO). HRA will conduct background research in the Oregon State Historic Preservation Office (SHPO) site and survey databases, and within the HRA library. HRA staff will also review previous geotechnical reports, General Land Office (GLO) maps, soils and wetland data, and any other resources deemed appropriate during the course of the investigations. HRA will apply for an Oregon State Archaeological Excavation Permit to complete subsurface archaeological investigations in and around archaeological site 35LA1235. There are no state requirements for to obtain a permit to excavate on private lands, but state law does require a permit to excavate within the boundaries of a recorded archaeological site. The permit will allow for HRA to conduct shovel testing within the site and identify (and collect) more than 10 artifacts if they are encountered. The permit will require a letter from the landowner granting permission to conduct the survey and a letter from the project proponent (City of Springfield) agreeing to pay for the costs associated with the Scope of Work detailed in the permit. The permitting process can take between 35 and 40 days. HRA requires up to 5 days to draft and submit the permit. Once submitted, the SHPO typically processes it within 2-3 days, and then sets a 30-calendar-day clock for submission of stipulations by the reviewing parties. HRA will conduct a survey to identify cultural resources. The survey will include pedestrian walkover and subsurface shovel probes, if deemed appropriate. The pedestrian archaeological survey will involve archaeologists walking along transects spaced no more than 20 meters apart systematically examining the ground surface for archaeological materials. All pedestrian archaeological survey will conform to the current guidelines of the Oregon SHPO. Shovel probes will be excavated in any areas with high potential for buried deposits and/or low ground surface visibility. Probes will measure 30 centimeters (cm) in diameter and will extend to a minimum of 50 cm below surface. Should soil profiles encountered in shovel probes warrant deeper investigation, a 4-inch bucket auger may also be used to excavate below the typical depth of shovel probes. The bucket auger would be placed in the bottom of a shovel probe at approximately 70-80 cm below the surface and be excavated up to 2 meters below the surface. All soils will be screened through 1/8-inch hardware mesh. HRA will evaluate the results of background research and fieldwork and draft a report to SHPO standards to aid in satisfying the cultural resources evaluation requirements of Section 106. The report will include documentation of background research, methods and results of the field


investigations, and conclusions and recommendations for further work, if any. The report will include all necessary graphics and resources forms for up to one resource. HRA will submit the draft report to the City of Springfield and MB&G for review. Upon receipt of any comments on the draft report, HRA will finalize all documentation into a final report. All final documentation will be submitted to the Oregon SHPO using the Go Digital Process. All artifacts identified in subsurface shovel probes within the 35LA1235 site area will need to be collected, washed, sorted, catalogued, and analyzed and curated. Artifacts will be processed and analyzed following federal and state standards. The landowner has the right to keep the artifacts if they choose or donate them to the Oregon State Museum of Natural and Cultural History or another approved curation facility. If the landowner elects to keep the artifacts, all photographs, paperwork, and technical reports are still curated with the museum.

Assumptions:

▪ MB&G will remit the records request fee to ORBIC; the fee payment will appear as a direct project expense on project invoicing.

▪ Wetlands are assumed to be present within the project area, as indicated by previous delineations, NWI, and Lane County Land Use mapping records.

▪ Two MB&G biologists will perform the site reconnaissance in two, 8-hour days. ▪ The project site is assumed to be approximately 5,200 feet long by 60 feet wide. ▪ Hydrologic and/or groundwater monitoring will not be required for determining wetland

or waters boundaries. ▪ Access to private property in the project area shall be arranged for and provided by the

City of Springfield. ▪ The project will not necessitate permanent impacts to jurisdictional streams. Therefore,

this task will not require the Stream Functional Assessment Methodology (SFAM). ▪ Although this task includes an assessment of ESA-listed species’ habitat, this Scope of

Work assumes that listed terrestrial species are not present. If listed species are present within the project area, an amendment would be needed to prepare a Biological Assessment.

▪ MB&G shall provide payment for the DSL delineation report submittal fee, and the submittal fee will be included on project invoicing.

▪ This task does not include a site visit with DSL or USACE staff to review the delineation results.

▪ The project will incur permanent wetland impacts and will therefore require the applicable permits and wetland mitigation that satisfies the USACE and the DSL mitigation requirements.

▪ Wetland mitigation will be achieved via the purchase of wetland mitigation bank credits from the Coyote Prairie North Wetland Mitigation Bank. As of the date of this SOW, the Coyote Prairie North Mitigation Bank did not have any mitigation credits available for purchase. However, it is anticipated that the bank will have credits available at the time of permitting and construction. The City will remit wetland mitigation costs directly to the bank.


▪ MB&G will pay the DSL’s JPA review fee, and the JPA review fee will be included on project invoicing.

▪ The DEQ will invoice the City directly for the Section 401 review, and the City will remit payment directly to the DEQ.

▪ Wetland impacts will be less than 0.2 acre and will therefore not require a Principal Objective Analysis or ORWAP functional assessment. A best professional judgement functional assessment for wetlands and waters impacts is included in preparation of the JPA under this task.

▪ The project will have no effect on listed plant and wildlife species. If the project may affect listed plant or wildlife species, the project may require a Biological Assessment and consultation with the USFWS, which would require an amendment to this Scope of Work.

▪ The City shall sign the JPA authorizing MB&G to function as the City’s agent in obtaining the permits.

▪ The City will acquire signatures from all appropriate parties as required for completion of the JPA, including applicants, landowners (if required), and Lane County planning officials.

▪ All coordination with agencies under this task will be accomplished through telephone, mail, and electronic correspondence.

▪ Approximately 1/3 of the total project area will be subjected to shovel probes for archaeological investigations, no more than 24 shovel probes will be excavated.

▪ It is assumed that one archaeological resource will be recorded. Recordation of additional resources could result in the need for an amendment to this Scope of Work.

Deliverables:

▪ Sketch map of wetland and waters flag locations. ▪ Sketch map of the locations of any listed species/habitats identified during the site

reconnaissance. ▪ Draft and Final Wetland Delineation Report (electronic Word and PDF copy). ▪ Draft and Final JPA (electronic MS Word and PDF). ▪ Draft and Final SLOPES compliance materials (MS Word and PDF). ▪ Draft and Final Archaeological Report (MS Word and PDF). ▪ SHPO Report Cover and SHPO Submittal Form (PDF).


Task 4 – Bonneville Power Administration Permitting

Bonneville Power Administration (BPA) has a power transmission line right-of-way that runs through the project area. To construct the trunk sewer, the pipeline must cross the BPA right-of-way. Based on preliminary discussions with BPA staff, it is understood that a Land Use Agreement will be required. Consultant will prepare and submit the required application and coordinate with BPA regarding the design and anticipated construction requirements. The Land Use Agreement will be obtained prior to project advertisement for construction.

Assumptions:

▪ The City will be named as the applicant on the permit application. ▪ The City will pay BPA permit fees directly.

Deliverables:


Task 5 – Lane County Permitting

The proposed trunk sewer alignment includes crossing Bob Straub Parkway near Jasper Road. Constructing a pipeline across Bob Straub Parkway will require a Lane County Public Works Facility Permit. Work associated with Lane County Permitting will include the following:

60% Plan Review – Meet with the County permitting staff to review the updated 60% plans and incorporate input as needed.

Application Preparation and Submittal – Complete the required permit application and submit to the County for approval.

Assumptions:

▪ The City will be named as the applicant on the permit application. ▪ The City will pay County permit fees directly.

Deliverables:


Task 6 – Easement Acquisition Services

Consultant shall provide labor, equipment, and materials to provide valuation and acquisition services for the City of Springfield. Easement acquisition activities shall confirm to the standards contained in the Uniform Act of 1970 and amendments, Oregon State Law and the City of


Springfield policies and procedures. It is assumed that easement acquisition will be required from up to six properties. Easement acquisition tasks are described as follows: Title Reports – Consultant shall order preliminary title reports. Preliminary title reports will be needed for development of the legal descriptions and will need to be ordered prior to the preparation of legal descriptions. Appraisals and Appraisal Reviews – Consultant shall use Oregon state-certified appraisers. Consultant shall provide one real estate appraisal for each ownership from which a property interest is to be acquired. Real estate appraisals shall conform to the standards contained in the USPAP (Uniform Standards of Professional Appraisal Practice, and Oregon State Laws. Consultant shall provide not fewer than fifteen (15) days written notice to owners of a planned appraisal inspection and shall provide the property owner or designated representative, if any, an invitation to accompany the appraiser on any inspection of the property for appraisal purposes. Consultant shall provide an appraisal review for each appraisal. The appraisal review will be conducted by another certified appraiser. Acquisition – Consultant shall conduct negotiations, on behalf of the City, for easement acquisition in accordance with the applicable State and Federal law, and the City’s policies and procedures. Consultants shall compile and/or prepare all essential documents to be submitted to owners and tenants as required. Consultant shall make all offers in person or by certified mail. Consultant shall provide property owners with:

▪ A complete copy of the valuation information used to determine compensation. ▪ A written notice as part of the offer that they have a minimum of 40 days to accept or

reject the offer, as per state law.

Property owners who are considering a donation must be informed in writing of their right to just compensation. The owner will sign the donation form indicating their waiver of their rights, if they elect to donate. Consultant shall prepare and maintain written diaries of negotiator contacts with property owners and tenants to document:

▪ Efforts to achieve amicable settlements. ▪ Owners' suggestions for changes in plans. ▪ Responses to owners' counterproposals.

Consultant shall make every reasonable effort to acquire the easements expeditiously by negotiation. Property owners must be given reasonable opportunity to consider the offer and present material the owner believes is relevant to determining the value of the property.


Consultant shall conduct negotiations for acquisition of real property in accordance with applicable State and Federal law. Consultant will assist in clearing interests from title that are deemed necessary by the City

Assumptions:

▪ No specialty reports will be required. ▪ No expert witness fees for trial preparation and testimony are included in this scope. ▪ No relocation activity is anticipated. ▪ City will pay closing costs.

Deliverables:

▪ Preliminary Title Reports for properties impacted by the Project – Six properties are assumed.

▪ Six real estate appraisals ▪ Six real estate appraisal reviews ▪ Six completed negotiation files, with deeds for recording, for each acquisition.

Task 7 – Utility Coordination

Consultant shall coordinate with public and franchise utility owners to determine potential impacts associate with the proposed trunk sewer. Consultant will obtain mapping from utilities and adjust the proposed trunk sewer alignment to avoid conflicts.

Assumptions:

▪ It is assumed that there will be no conflicts that require relocation of existing utilities. ▪ If relocation of existing utilities is required, coordination and review of relocation plans

will be included by an amendment to this Scope of Work.

Task 8 – Update 60% Design

In 2011, Murraysmith prepared preliminary 60% plans for the entire five miles of the proposed Jasper trunk sewer. Under this task, consultant will update the preliminary plans and prepare draft specifications to reflect changes since 2011. Specific work elements under this task are noted below.

▪ MSA’s engineering will comply with the City of Springfield’s adopted Engineering Design Standards and Procedures Manual, as modified to suit the particular elements of this project. Plan and profile drawings will be developed at a horizontal scale of 1 inch = 20 feet and vertical scale of 1 inch = 5 feet. Drawings will be produced in the City’s desired version of AutoCAD.

▪ Update base map with new supplemental survey.


▪ Update base map with new wetlands delineation data. ▪ Develop jack and bore design details for crossing Bob Straub Parkway and existing creeks

or wetlands, where appropriate. ▪ Confirm/identify required tree removal locations to accommodate installation and

maintenance of the trunk sewer. ▪ Develop stormwater quality/quantity design details to mitigate the impact of the

proposed gravel access road. ▪ Prepare 60% construction plans and details (full size sheets printed at half-size) as

needed to clearly describe the work to be constructed for this phase of the project (Phase 3). See the anticipated list of plan sheets at the end of this Scope of Work for a list of construction plans.

▪ Prepare 60% specifications based on the City’s Standard Construction Specifications (ODOT/APWA Oregon Standard Specifications for Construction).

▪ Prepare 60% construction cost estimate. ▪ Conduct internal quality control of the 60% deliverables. ▪ Coordinate and conduct 60% design review meeting with the City. ▪ Prepare and maintain a comment response log to track design review comments and

proposed actions.

Assumptions:

▪ The City will provide bid/contract document templates to the Consultant. ▪ The trunk sewer alignment will closely resemble the alignment shown in the 2011

preliminary 60% plans.

Deliverables:



Task 9 – 90% Design

The 90% design submittal will be advanced from the 60% submittal. Tasks in addition to those listed above are noted below.

▪ Incorporate 60% design review comments. ▪ Update plans, specifications, and construction cost estimate. ▪ Conduct internal quality control of the 90% deliverables. ▪ Coordinate and conduct 90% design review meeting with the City. ▪ Update comment response log and proposed actions.


Deliverables:



Task 10 – Final Design

The final design submittal will be advanced from the 90% submittal. Tasks in addition to those listed above are noted below.

▪ Incorporate 90% design review comments. ▪ Update plans, specifications, and construction cost estimate and prepare draft final

deliverables for City review. ▪ Conduct internal quality control of the final deliverables. ▪ Coordinate and conduct a draft final design review meeting with the City. ▪ Prepare final stamped plans (PDF) and Contract Documents (PDF) for the City’s use in

advertising the project for construction.

Assumptions:

▪ The City will advertise the project electronically through the City’s website.▪ Preparation of hard copies of the contract documents (“Bid Book”) is not included in this

Scope of Work.

Deliverables:

▪ Electronic versions of the draft final plans (full size PDF plans reduced to 11x17 for review), specifications, and estimate (PDF).

▪ Meeting agenda and summary (PDF). ▪ 100% comment response log with proposed actions. ▪ Electronic versions of the final stamped plans (full size PDF plans reduced to 11x17 for

review), specifications, and estimate (PDF).

Task 11 – Bid Phase Services

The Consultant will provide bid support as requested. Bid phase services may include:

▪ Prepare for and attend a pre-bid meeting. ▪ Assist the City in responding to bidder questions (up to 10 questions). ▪ Prepare one addendum.


Assumptions:

▪ City will lead the bid phase of the project with assistance from the consultant, as needed. ▪ City will coordinate and lead the pre-bid meeting, including preparing the agenda and

meeting summary.

Deliverables:

▪ Addendum (PDF). ▪ A summary of responses to bidder questions (via e-mail).

Task 12 – Construction Phase Services - Deferred

Construction phase engineering services are not included in this Scope of Work. If the City desires Murraysmith to assist with construction phase engineering services, they will be added by future amendment when the scope of such services is further defined.

Preliminary Sheet List

The following is the anticipated list of plan sheets.

Running Total

Sheets Sheet

Number Description

1 1 G-1 Cover Sheet, Vicinity Map, and Location Map

2 1 G-2 Index of Drawings, Survey Control, and Drawing Key Map

3 1 G-3 Symbols, Legend, and Abbreviations

4 1 G-4 General Notes

5 1 G-5 Erosion Control Notes and Details

19 14 C1 to C14 Trunk Sewer Plan and Profile

25 6 D1 to D6 Storm, Sanitary, Roadway, and Miscellaneous Details

Budget

Payment will be made at the billing rates for personnel working directly on the project, which will be made at the Consultant’s Hourly Rates, plus Direct Expenses incurred as defined by the Master Services Agreement with the City for the project. Consultant proposes to perform this work on a time and expenses basis with a total not to exceed amount of $346,857 in accordance with the attached Fee Estimate.

Project Schedule

We anticipate design, permitting, and bid phase services to begin in early 2020 and continue through spring of 2021, with construction to begin in summer of 2021. A detailed schedule will be prepared and submitted for review prior to the project kick-off meeting.






Principal Engineer



III



Subconsultant

Multiplier

Subconsultant Total


$250 $230 $157 $132 $155


Task 1 - Project Management and Coordination

Overall Project Management and Coordination 80 80 18,400$ 1.1 -$ -$ -$ 18,400$

Monthly Invoicing and Budget Tracking 16 8 24 4,936$ 1.1 -$ -$ -$ 4,936$

Project Kick-off Meeting 8 16 24 4,352$ 1.1 -$ 150$ -$ 4,502$

Project Schedule and Schedule Updates 4 16 20 3,432$ 1.1 -$ -$ -$ 3,432$

Overall Project Quality Assurance 16 16 4,000$ 1.1 -$ -$ -$ 4,000$

Task 1 Subtotal 16 108 40 0 0 164 35,120$ -$ -$ -$ -$ 150$ -$ 35,270$

Task 2 - Surveying

Control Survey 2 2 314$ 3,000$ 1.1 3,300$ -$ -$ 3,614$

Wetland Boundary Ties 2 4 6 1,088$ 5,400$ 1.1 5,940$ -$ -$ 7,028$

Supplemental Topographic Survey 2 2 314$ 4,000$ 1.1 4,400$ -$ -$ 4,714$

Legal Descriptions and Exhibits 2 4 6 1,088$ 4,500$ 1.1 4,950$ -$ -$ 6,038$

Task 2 Subtotal 0 4 12 0 0 16 2,804$ -$ 16,900$ -$ 18,590$ -$ -$ 21,394$

Task 3 - Environmental and Cultural Permitting

Environmental and Cultural Permitting Project Management 0 -$ 5,728$ 1.1 6,301$ -$ -$ 6,301$

Obtain and Review Existing Environmental Data 4 4 920$ 2,256$ 1.1 2,482$ -$ -$ 3,402$

Site Reconnaissance and Wetland/Waters Delineation 8 12 20 3,724$ 7,132$ 1.1 7,845$ 150$ -$ 11,719$

Wetland and Waters of the U.S. and State Delineation Report 4 4 8 16 2,788$ 5,422$ 1.1 5,964$ -$ 144$ 8,896$

Joint Permit Application and Mitigation Planning 12 24 8 44 7,768$ 8,203$ 1.1 9,023$ -$ 144$ 16,935$

Endangered Species Act Compliance Documentation 8 8 16 3,096$ 5,364$ 1.1 5,900$ -$ -$ 8,996$

Cultural and Historical Compliance Documentation 4 4 8 1,548$ 20,932$ 1.1 23,025$ -$ -$ 24,573$

Task 3 Subtotal 0 40 52 0 16 108 19,844$ 55,037$ -$ -$ 60,541$ 150$ 288$ 80,823$

Task 4 - Bonneville Power Administration Permitting

Bonneville Power Administration Permitting 8 16 4 28 4,972$ 1.1 -$ -$ 72$ 5,044$

Task 4 Subtotal 0 8 16 0 4 28 4,972$ -$ -$ -$ -$ -$ 72$ 5,044$

Task 5 - Lane County Permitting

60% Plan Review with County 8 8 16 3,096$ 1.1 -$ 150$ -$ 3,246$

Application Preparation and Submittal 2 8 10 1,716$ 1.1 -$ -$ -$ 1,716$

Task 5 Subtotal 0 10 16 0 0 26 4,812$ -$ -$ -$ -$ 150$ -$ 4,962$

Task 6 - Easement Acquisition Services

Title Reports 2 2 314$ 2,100$ 1.1 2,310$ -$ -$ 2,624$

Appraisals and Appraisal Reviews 8 8 16 3,096$ 35,052$ 1.1 38,557$ -$ -$ 41,653$

Acquisition 24 12 36 7,404$ 21,334$ 1.1 23,467$ -$ -$ 30,871$

Task 6 Subtotal 0 32 22 0 0 54 10,814$ -$ -$ 58,486$ 64,335$ -$ -$ 75,149$

Task 7 - Utility Coordination

Utility Coordination 2 4 8 14 2,144$ 1.1 -$ -$ -$ 2,144$

Task 7 Subtotal 0 2 4 8 0 14 2,144$ -$ -$ -$ -$ -$ -$ 2,144$

Task 8 - Update 60% Design

Update 60% Plans 4 40 40 40 124 18,680$ 1.1 -$ 150$ 720$ 19,550$





Prepare and Maintain Comment Response Log 2 8 8 18 2,772$ 1.1 -$ -$ -$ 2,772$

Task 8 Subtotal 0 31 88 88 40 247 38,762$ -$ -$ -$ -$ 300$ 720$ 39,782$

Subconsultants

City of Springfield


Murraysmith


Page 1Attachment 2, Page 17 of 18





Principal Engineer



III



Subconsultant

Multiplier

Subconsultant Total


$250 $230 $157 $132 $155


Subconsultants

Task 9 - 90% Design

Prepare 90% Plans 8 40 60 60 168 25,340$ 1.1 -$ -$ 1,080$ 26,420$






Task 9 Subtotal 0 31 88 100 60 279 43,446$ -$ -$ -$ -$ 150$ 1,080$ 44,676$

Task 10 - Final Design

Prepare Draft Final Plans 4 16 16 24 60 9,264$ 1.1 -$ -$ 432$ 9,696$

Prepare Draft Final Specifications 4 16 8 28 4,488$ 1.1 -$ -$ -$ 4,488$

Prepare Draft Final Construction Cost Estimate 1 2 4 7 1,072$ 1.1 -$ -$ -$ 1,072$

Quality Control for Final Deliverables 8 8 1,840$ 1.1 -$ -$ -$ 1,840$

Coordinate and Conduct Draft Final Design Review Meeting 8 12 20 3,724$ 1.1 -$ 150$ -$ 3,874$


Prepare Final Stamped Plans, Specificaitons, and Estimate 2 12 12 8 34 5,168$ 1.1 -$ -$ 144$ 5,312$

Task 10 Subtotal 0 29 62 44 32 167 27,172$ -$ -$ -$ -$ 150$ 576$ 27,898$

Task 11 - Bid Phase Services

Attend Pre-Bid Meeting 8 16 24 4,352$ 1.1 -$ 150$ -$ 4,502$

Respond to Bidder Questions 2 4 6 1,088$ 1.1 -$ -$ -$ 1,088$

Prepare Addendum (One Assumend) 1 16 8 25 3,982$ 1.1 -$ -$ 144$ 4,126$

Task 11 Subtotal 0 11 36 0 8 55 9,422$ -$ -$ -$ -$ 150$ 144$ 9,716$

Task 12 - Construction Phase Services - DEFERRED

Task 12 Subtotal 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$

TOTAL - ALL TASKS 16 306 436 240 160 1158 199,312$ 55,037$ 16,900$ 58,486$ 143,465$ 1,200$ 2,880$ 346,857$

City of Springfield


Murraysmith


Page 2Attachment 2, Page 18 of 18


Meeting Type: Regular Meeting Staff Contact/Dept.: Terry Green/DPW

Staff Phone No: 541-736-1028 /

541-603-8620




Council Goals: Maintain and Improve

Infrastructure and

Facilities

ITEM TITLE: APPROVAL OF CHANGE ORDERS COMPLETED IN PROJECT P21158

BROOKLYN STORMWATER FACILITY

ACTION

REQUESTED:

The Council is requested to consider and approve $11,523.82 of project change

orders agreed upon by the City of Springfield Project Leader and H & J

Construction, Inc. that was beyond the initial project scope.

ISSUE

STATEMENT:

The purpose of the Brooklyn Stormwater Facility project is to increase stormwater

drainage and filtration at the southeast corner of Brooklyn St. and Franklin Blvd.

The lack of stormwater facilities in the area has caused a significant amount of

flooding which prior to the Franklin Blvd. project would travel to Franklin Blvd.

and flood. The construction of the stormwater facility has eliminated the flooding.

ATTACHMENTS: Attachment 1: H&J Construction, Inc. (Revised) Change Order form

Attachment 2: Picture 1 – Project Site Before Construction

Attachment 3: Picture 2 – Project at Completion

DISCUSSION/

FINANCIAL

IMPACT:

After the construction of the stormwater facility, a few items were added to

improve the visibility of the facility at night as well the functionality of the facility

as identified below.

1. 1000+ lb. boulders were selected and placed along the facility perimeter,

replacing several smaller boulders.

2. 8 sign posts and 11 signs were installed around the facility

3. An area drain was installed in the northwest corner of the facility to ensure

proper flow

These three solutions were implemented to improve safety for all modes. Installing

larger boulders around the perimeter ensured the unhindered drainage of the

stormwater facility and the prevention of vehicle users from entering the

stormwater facility. The adjusted sign installation plan – being the majority of

change order cost – ensures high visibility of the stormwater facility. Lastly, the

added area drain assists with the drainage of the facility, further deterring collected

stormwater in the Dari Mart parking lot.

The change order scope aligns in skillset with the initial project scope; thus, it is

believed that H&J Construction, Inc. would still provide the lowest bid were the

change order scope incorporated into the original project. Further, decisions were

required quickly to ensure the safety of vehicles and pedestrians without further

expense to the City.

The awarded project quote to H&J Construction, Inc. was $23,893.00. Per

OAR137-049-0160(6)(b), an increase of cost between 25% ($5,973.25) and 50%

($11,946.50) must be approved by City Council. The initial project quote and

change order can be paid for with money allotted to the project within the

Stormwater Capital Fund.

Date 12/16/2019 Contractor H & J Construction, Inc.

Job No. P21158 Subcontractor

Cont. No. Change Order Request No.

Project Brooklyn Stormwater Facility Contract Item No.

Description of 1) Mobilized to add larger boulders to the outside of the stormwater facility as directed by engineer. Labor & Equipment added below

Work

2) Adding more signs and posts around

3) Adding area drain outside stormwater structure (Lump Sum Price)

Hours Hrly Rate Sub

Detail of Labor or or Equipment Material Labor contractor Total

Equipment or Materials or Subcontractor Quantity Unit Price Cost Cost Cost Cost Amount

Equipment: Type, Make, Model #, Yr.

Excavator Bobcat E80 E80 2013 5.00 175.00 875.00 875.00

Backhoe Caterpillar 416E 2007 0.00 95.00 0.00 0.00

Dump Truck Freightliner FLD 120 48k 2003 6.00 85.00 510.00 510.00

0.00 0.00

Heavy Work Truck Ford F350 26K lbs 2001 5.00 29.00 145.00 145.00

0.00 0.00

0.00 0.00

Materials Unit

#1 Large Boulders - Coburg Quarry Tons 9.10 32.00 291.20 291.20

0.00 0.00

#2 Extra Signs Each 7.00 850.00 5950.00 5950.00

0.00 0.00

#3 Adding Area Drain LS 1.00 1991.00 1991.00 1991.00

0.00 0.00

Labor: Job Classification, Group #

FOREMAN 58.69 0.00 0.00

OPERATOR M Hahn 5.0 53.61 268.05 268.05

OPERATOR 53.61 0.00 0.00

LABORER Pipe Layer 46.54 0.00 0.00

LABORER A. Jackson 5.0 45.39 226.95 226.95

LABORER/MECH.JD Eads 1.0 43.01 43.01 43.01

TRUCK DRIVER JR Cookerly 5.0 28.99 144.95 144.95

TRUCK DRIVER 28.99 0.00 0.00

TRUCK DRIVER 28.99 0.00 0.00

TRUCK DRIVER 28.99 0.00 0.00

Other

OAR137-047-0160(a,b) Deduct 0.00 0.00

0.00 0.00

SUBTOTAL 1530.00 8232.20 682.96 0.00 10445.16

Equipment 10% 153.00 153.00

Material 10% 823.22 823.22

Labor 15% 102.44 102.44

Sub contractor

10% 0.00 0.00

TOTAL 1683.00 9055.42 785.40 0.00 $11,523.82

H & J Construction, Inc.

Daily Extra Work Sheet

Change Order

The following expenses show work and or other charges incurred on the above date.

PO Box 2432Eugene, OR 97402

541.689.5863 Office

541.689.5887 Fax CCB #88084

R:\PROJECTS\STORMWATER\P21158 Brooklyn Stormwater Facility\Contract Documents\Change Orders\20 01 16 Brooklyn Stormwater Project Revised Change Order.xlsx




AGENDA ITEM SUMMARY Meeting Date: 3/2/2020 Meeting Type: Regular Meeting Staff Contact/Dept.: Chief Heppel/FLS Staff Phone No: 541-726-2291 Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L

Council Goals: Provide Financially Responsible and Innovative Government Services

ITEM TITLE:

GEMT PCG CONTRACT AMENDMENT

ACTION REQUESTED:

Authorize the City Manager Pro Tem to sign the Amendment to contract C2375 with Public Consulting Group, Inc. (PCG) to increase the payment due to higher than anticipated revenues generated from the Ground Emergency Medical Transport (GEMT) FY18 Annual Cost Report.

ISSUE STATEMENT:

The PCG consulting fee will be $41,370, based on 10% of the Medicaid Fee-For-Service revenue returned to City of Springfield through the FY18 GEMT filing.

ATTACHMENTS: Attachment 1: C2375 FIRST AMEND Public Consulting Group, Inc.


The Fire Department contracted with Public Consulting Group, Inc. (PCG) for the completion of the GEMT Provider Participation & Supplemental Cost reports and filing with the Oregon Health Authority. The consulting fee due to PCG is 10% of the additional Medicaid Fee-For-Service revenues generated as a result of the GEMT FY18 Annual Cost Report. At the time of contract execution, revenues were estimated to be under $100,000 and the fee to PCG not more than $10,000. However, after completing and filing the report, revenues to the City of Springfield are higher at $413,691, resulting in an increased total fee to PCG of not more than $42,000. Per SMC 2.706(4), contract amendments that cause more than an 50% increase to a contract price of $10,000 must be approved by City Council, if the Council determines that it is not reasonably feasible to require additional competitive procurement to complete the purpose of the contract. Additional competitive procurement is not feasible in this instance because the contract work has already been completed, and the amendment merely reflects PCG's portion of the additional revenues generated as a result of the contract work.

FIRST AMENDMENT TO CITY OF SPRINGFIELD

INDEPENDENT CONTRACTOR AGREEMENT BETWEEN

THE CITY OF SPRINGFIELD

AND

PUBLIC CONSULTING GROUP, INC. Contract #2375

March 4, 2020

Parties:

The City of Springfield “City”

225 Fifth Street

Springfield, OR 97477

And

Public Consulting Group, Inc. “Independent Contractor”

148 State Street 10th

Floor

Boston, MA 02109

The Parties hereby agree that the Independent Contractor Agreement dated July 1, 2019 between

the City of Springfield (City) and Public Consulting Group, Inc. (Independent Contractor)

included herein as Attachment 1, is hereby amended for the first time as follows:

1. Payment by City. CITY shall pay Independent Contractor according to the sum and schedule described in Attachment “1” attached hereto and incorporated herein by this reference and in an amount not to exceed $42,000.

Except as amended herein, all other terms and conditions of the Independent Contractor

Agreement between Parties dated July 1, 2019 will remain in full force and effect.

CITY OF SPRINGFIELD INDEPENDENT CONTRACTOR

Name:________________________ Name:________________________

Title: _________________________ Title: _________________________

Date: _________________________ Date: _________________________

C2375 Public Consulting Group, Inc. First Amendment

Page 1 of 13

Associate Manager

February 23, 2020

2/24/2020 2/25/2020


ATTACHMENT 1FIRST AMENDMENT


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Page 5 of 13




Page 6 of 13




Page 7 of 13




Page 8 of 13




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AGENDA ITEM SUMMARY Meeting Date: 3/2/2020 Meeting Type: Regular Meeting Staff Contact/Dept.: Brian Barnett, DPW

Operations Staff Phone No: 541-726-3681 Estimated Time: 10 Minutes S P R I N G F I E L D C I T Y C O U N C I L

Council Goals: Maintain and Improve Infrastructure and Facilities

ITEM TITLE:

APPROVAL OF CROSSWALK ARTISTIC EMBELLISHMENTS

ACTION REQUESTED:

Approve/not approve the use of artistic embellishments at crosswalks.

ISSUE STATEMENT:

Staff seeks direction regarding the use of artistic embellishments at crosswalks. Artistic embellishments are not included in the Manual on Uniform Traffic Control Devices (MUTCD). Federal Highways Administration (FHWA) issued an interpretation of Chapter 3G of the MUTCD. The use of artistic embellishments in crosswalks requires formal approval by Council as such use may be inconsistent with the MUTCD and FHWA Official Ruling 3(09)-24(I) Application of Colored Pavement.

ATTACHMENTS: Attachment 1: 2019 Downtown Beautification Project Locations Attachment 2: FHWA Official Ruling 3(09)-24(I) Application of Colored Pavement


The MUTCD, with Oregon supplements, is adopted into Oregon Administrative Rule by the Oregon Transportation Commission and is applicable throughout Oregon. Staff is aware of Council’s desire to add colorful artistic embellishments to marked and unmarked crosswalks as a beautification initiative. In 2013 FHWA issued an Official Ruling concerning use of colored pavement, especially at crosswalks, that encompasses prior interpretations of Chapter 3G of the MUTCD on this subject. In brief, FHWA interpretation is that colored pavement is a traffic control device “when it attempts to communicate with any roadway user or incorporates retroreflective properties” and is thus subject to the guidance in the MUTCD, or it is a “purely aesthetic treatment” that uses subdued earth tones in a uniform, consistent, and repetitive pattern that is expected to not be a distraction and is thus acceptable. The Council selected and approved several thematic scenes for the crosswalk art project that, in staff opinion, are purely aesthetic. In addition, the materials will not have retroreflective properties. However, the colors and patterns of the art do not conform to the FHWA Official Ruling for use of earth tones and uniform, consistent, and repetitive pattern. As a result, it is staff obligation to inform the Council of the potential for some party in the future to assert that the crosswalk art violates FHWA interpretation of the MUTCD as adopted into Oregon Administrative Rule.

ATTACHMENT 1 2019 Downtown Springfield OR; Economic Development Project Vicinity

Proposed String Light Block Faces

Crosswalk Locations

Downtown Street Light Vicinity (in addition to Paramount/21st Area)

*Locations for ‘Ripples’ and ‘Bubbles Night’ crosswalks might be decided based on best surface state/location specific to each design.

While not shown on the attached vicinity map, the

Downtown Street Lighting Upgrade Project includes

areas in the vicinity of Main and 21st Street








Meeting Type: Regular Meeting Staff Contact/Dept.: Erin Fifield / DPW

Staff Phone No: 726-2302

Estimated Time: 05 Minutes




ITEM TITLE: CDBG DRAFT ONE YEAR ACTION PLAN

ACTION

REQUESTED:

Approve a draft Fiscal Year 2021 CDBG One Year Action Plan to be published for

public comment.

ISSUE

STATEMENT:

Each year, the City receives federal Community Development Block Grant

(CDBG) funds from the US Department of Housing and Urban Development

(HUD). The City must allocate CDBG funds through a One Year Action Plan to

indicate how the City intends to address the strategies identified in the Eugene-

Springfield Consolidated Plan.

ATTACHMENTS: Attachment 1: Council Briefing Memo

Attachment 2: Draft FY2021 CDBG One Year Action Plan

DISCUSSION/

FINANCIAL

IMPACT:

The Springfield Community Development Advisory Committee (CDAC) met on

December 4, 2019 to discuss potential strategies for the allocation of fiscal year

2021 (FY21) CDBG funds, and has made a recommendation to Council for a One

Year Action Plan for FY21. This plan includes Council leadership’s direction to

staff to issue a Request for Proposals for projects eligible for CDBG funds as part

of the One Year Action Plan.

Following Council’s direction, staff released a Request for Proposals. The next

step is to publish the draft One Year Action Plan for public comment. In April, the

CDAC will meet to hold a public hearing on the draft plan, evaluate the proposals

received, and will make a final recommendation to Council for the allocation of

funds. In May, Council will be asked to adopt a final FY20/21 CDBG One Year

Action Plan for submission to HUD.

Concurrently, Springfield and Eugene are developing the five-year 2020 HUD

Eugene-Springfield Consolidated Plan, which was discussed during the February 24

work session. The FY21 CDBG One Year Action Plan will ultimately need to align

with the strategies and goals that Council adopts as part of the five-year 2020 HUD

Eugene-Springfield Consolidated Plan.

M E M O R A N D U M City of Springfield

Date: 3/2/2020

To: Mary Bridget Smith, City Manager Pro Tem COUNCIL

From: Tom Boyatt, Community Development Director

Erin Fifield, Community Development Analyst

BRIEFING

Subject: CDBG Draft One Year Action Plan MEMORANDUM

ISSUE: Each year, the City receives federal Community Development Block Grant (CDBG)

funds from the US Department of Housing and Urban Development (HUD). The City must

allocate CDBG funds through a One Year Action Plan to indicate how the City intends to

address the strategies identified in the Eugene-Springfield Consolidated Plan.

COUNCIL GOALS/

MANDATE:


BACKGROUND

2020 Eugene-Springfield Consolidated Plan

This 5-year regional strategic plan for housing and community development, required by the US

Department of Housing and Urban Development (HUD) to receive CDBG funds, is currently

being developed to be implemented beginning July 1, 2020.

The Consolidated Plan relies on the analysis of qualitative and quantitative data from the US

Census, interviews and surveys with local elected leaders, agencies and non-profit human

service providers, and participation and comments from the community to identify housing,

homeless, and community development needs and trends. A Consolidated Plan Advisory

Committee (with Councilor Woodrow and Council-appointed Springfield representatives) is

reviewing the analysis and providing input on priority strategies, and making recommendations

to Council in Spring 2020. This Plan will set the goals and activities for the use of federal

CDBG and HOME funds. Springfield and Eugene do not need to set the same goals; they can be

different for each City. The Plan will need to be approved by both Springfield and Eugene city

councils by May 2020.

One Year Action Plan

Each year, the City is entitled to receive an allocation of CDBG funds from HUD. In order to do

so, the City must develop a One-Year Action Plan describing how it plans to allocate funds to

address local community needs. The proposed uses of funding must align with allowed uses and

with the local community needs and strategies identified in the 2020 Eugene-Springfield

Consolidated Plan (currently being developed).

Springfield estimates it will receive a CDBG entitlement allocation of $555,000 in FY20-21. In

FY20, Springfield loaned $750,000 to Homes for Good for their Hayden Bridge Meadows low-

income affordable housing development of 70 units, with a repayment plan for those funds to be

repaid in May 2020 and November 2020. That repayment is included in this year’s action plan

as program income so that we can plan on how to use it, as required by HUD.

Additionally, the City released a 2020 CDBG Request for Proposals (RFP), asking local non-

profits and organizations to submit project proposals that align with the CDBG program and

Eugene-Springfield Consolidated Plan. That RFP was released January 31, 2020, and will be


http://www.springfield-or.gov/wp-content/uploads/2019/01/2015ConPlanpublicsummary4615.pdf

MEMORANDUM Page 2

open through March 13, 2020. The Community Development Advisory Committee (CDAC) will

convene April 1 to review the proposals and give the applicants a chance to further explain their

requests. On April 8, the CDAC will hold a public hearing on this One Year Action Plan, and

make a formal recommendation to Council on the FY20/21 CDBG allocation, including

recommendations for funding projects through the RFP.

In May, Council will adopt the FY20/21 CDBG One Year Action Plan, which will include

funding for projects received through the RFP.

OVERVIEW OF CDBG STRATEGIES AND ACTIVITIES

Below is a detailed overview and summary of Springfield efforts toward addressing the Eugene-

Springfield Consolidated Plan strategies.

1. Increase the supply of affordable housing

Springfield staff continue to work to address this strategy. Staff are actively seeking property

and doing due diligence on sites for land acquisition, including land for a new Manufactured

Home Park. Staff are also working with local affordable housing developers to help move some

of their projects toward the point where they would be ready to request CDBG funds for projects

under this strategy. The City may receive a request for funds toward this strategy through the

Request for Proposals.

2. Springfield Home Repair Program

Springfield’s Home Repair program provides urgent home repair services as a grant (up to

$9,000 over 5 years) to very low-income Springfield homeowners. Program costs include:

inspecting the home, processing applications, conducting an environmental review, coordinating

work orders, paying for the repair, and verifying work completed.

City staff coordinates efforts with multiple agencies, including: Homes for Good, Lane Council

of Governments Senior and Disability Services, Habitat for Humanity, Springfield Utility Board,

Catholic Community Services, local hospitals, local contractors, and managers of manufactured

home parks. Staff continues to explore ways to conduct outreach and make the program more

efficient.

Based on trends, it is estimated that there will be nearly $0 in carry-over funds for FY20-21 and

anticipated expenses of $120,000.

3. Springfield Homeownership Program (SHOP)

Springfield’s SHOP assists low-income residents with the first-time purchase of a home by

providing an interest-free loan, up to $7,000, toward the down payment and related costs of

buying a qualified home in Springfield.

Similar to other cities in Oregon, Springfield is experiencing a low inventory of homes for sale.

Clients are having difficulty finding units that are both affordable (under $255,000), and meet

CDBG quality requirements. Staff aims to revisit program components to determine if there are

changes to the program that could better help households become homeowners.

It is anticipated there will be some prior year funds remaining. Staff estimate an additional

$20,000 allocated to this program in FY20/21 will be sufficient to cover anticipated costs.

4. Remove barriers to affordable and supportive housing

Per HUD requirements, staff is working to update its Fair Housing Plan, also referred to by

HUD as an Analysis of Impediments to Fair Housing Choice. Previously, Springfield developed

an outreach strategy to educate Springfield residents and landlords about fair housing. Fair

housing documents were created for dissemination, and are available on the City’s website.

There is no funding proposed for this strategy.


MEMORANDUM Page 3

5. Support a Human Services Delivery System

Springfield allocates CDBG and General Fund dollars to support a human services delivery

system administered by Lane County. The Human Services Commission is an intergovernmental

commission comprised of Springfield, Eugene, and Lane County elected officials and budget

committee members to address basic needs of low-income residents. Springfield, Eugene, and

Lane County pool their state and federal grants and general funds contributions to contract with

human service providers.

HUD caps the amount of CDBG funds that can be spent on public services at 15%. For years,

Springfield has contributed 15% of its CDBG funds to the Human Services Commission (HSC),

which distributes these funds to help various non-profit service providers. In Springfield, that

includes Catholic Community Services’ Community Service Center, Food for Lane County,

Relief Nursery, and Womenspace.

While HUD caps the use of CDBG entitlement funds at 15% toward public services, HUD

allows an additional 15% of program income received to also be put toward this strategy. In

FY20/21, with the repayment of the $750,000 loan from Homes for Good, Springfield has the

option to allocate additional funds toward programs that address this strategy. This can include

additional funds toward HSC efforts, G Street OASIS, and/or other programs that may request

funds through the Request for Proposals.

Under this strategy, the City can also allocate funds toward non-profit capital improvements.

The City may receive a request for funds toward this strategy through the Request for Proposals.

6. Promote economic development and employment opportunities through the creation of jobs

and business development

Funds had previously been allocated toward this strategy through business loans in the

downtown area and to NEDCO for microenterprise training. The Springfield Economic

Development Agency (SEDA) currently funds a loan program for downtown businesses.

Previous microenterprise training programs had mixed results. The City may receive a request

for a project toward this strategy through the Request for Proposals.

7. Make strategic investments to improve low-income neighborhoods

In FY20, City Council awarded $243,839 in CDBG funds toward crosswalk improvements

around schools in low-income neighborhoods.. City staff, working with the school district,

identified six school crossing sites in need of improvements, including Rectangular Rapid

Flashing Beacon (RRFB)s, curb extensions, crosswalk striping, and ADA ramps. This project is

anticipated to be completed in summer 2020. The City may receive another request for a project

toward this strategy through the Request for Proposals.

Grant Administration and Planning

The City of Springfield uses CDBG funds to pay for staff costs to administer the CDBG

program. HUD requirements to administer the CDBG program include planning for the

Consolidated Plan, One-Year Action Plans, sub recipient monitoring, program management,

coordination with other agencies, environmental review compliance, federal reporting, and

ongoing evaluation of the program itself. The CDBG program limits reimbursement for program

administrative costs to 20% of the City’s annual allocation. As CDBG entitlement funds have

decreased over the years, so have the City’s available resources for administration and planning.

The City has the option to allocate an additional 20% of program income toward planning costs.

Staff costs that aren’t funded with CDBG funds are funded through the General Fund.


MEMORANDUM Page 4

CDAC DRAFT ONE-YEAR ACTION PLAN RECOMMENDATION

Given the above scenarios, the Community Development Advisory Committee (CDAC) met on

December 18, 2019 to make a recommendation to Council for a draft FY21 CDBG allocation:

CDBG REVENUES (estimated) Amount (EN) Amount (PI) Amount

(TOTAL)

FY 2020-2021 Entitlement Funds (EN) $ 555,000 - $ 555,000

Program Income (PI)

• Homes for Good loan repayment

• Other program income (FY20)

- $ 750,000

$ 40,000 $ 790,000

TOTAL $ 555,000 $ 790,000 $ 1,345,000

CDGB EXPENDITURES (estimated)

Draft Consolidated

Plan Strategy Activity Amount (EN) Amount (PI)

Amount

(TOTAL)

To be determined 2020 CDBG Request

for Proposals $ 220,750 $776,000 $ 996,750

1. Increase the supply of

affordable housing

Acquisition,

improvements, etc - - -

2. Rehabilitate existing

housing stock

affordable to low-

income persons

Emergency Home

Repair Program

(EHR)

$ 120,000 - $ 120,000

3. Provide down payment

assistance for home

ownership

Springfield

Homeownership

Program (SHOP)

$ 20,000 - $ 20,000

4. Remove barriers to

affordable and

supportive housing

Support programs that

assure housing

opportunities are

provided without

discrimination

- - -

5. Support a human

services delivery

system to address the

needs of homeless

persons and special

needs populations

Human Services

Commission (HSC)

(15%)

$ 83,250 $ 6,000 $ 89,250

Non-profit capital

improvements - - -

6. Promote employment

opportunities

Economic

development - - -

7. Make improvements to

low income

neighborhoods

Public improvements

in sidewalks, streets - - -

Grant Admin (20%) $ 111,000 $ 8,000 $ 119,000

TOTAL $ 555,000 $ 790,000 $ 1,345,000

Note: The CDAC prioritized the $750,000 loan repayment to go toward the strategy to “increase the

supply of affordable housing.” Staff have made those funds available, however, through the Request

for Proposals, and that is reflected in the table above. When projects are ultimately chosen to be

funded by Council, those funds will then be reflected next to the strategies they are addressing.


MEMORANDUM Page 5

Next steps:

Next steps will be to release the attached DRAFT FY20/21 CDBG One Year Action Plan for

public comment. The CDAC will then hold a public hearing in April and make a

recommendation to City Council on final allocations, including on funding applications that are

received through the RFP. Council will have the final decision in May on funding allocations.

RECOMMENDED ACTION: Approve a draft CDBG FY20/21 One-Year Action Plan to be

published for public comment.


City of Springfield – CDBG Program FY 2020/21 One Year Action Plan

This summary describes specific housing and community development actions and activities the City of Springfield proposes to undertake with Community Development Block Grant (CDBG) funds during the program year beginning July 1, 2020 and ending June 30, 2021 (Fiscal Year 2020/21). It is one part of the Eugene-Springfield 2020/21 One-Year Action Plan. Communities that are entitled to receive funds from U.S. Department of Housing and Urban Development (HUD) must complete a Consolidated Plan every five years as well as annual Action Plans. The Consolidated Plan provides an assessment of needs of low- and moderate-income persons and a strategic five-year plan for taking actions to address those needs using Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds received by the Cities of Eugene and Springfield. The One-Year Action Plan describes specific actions to be undertaken in a particular year with federal funds. The content of the One-Year Action Plan is guided by HUD. Springfield and Eugene are currently developing the Eugene-Springfield 2020 Consolidated Plan, and will be adopting that Plan at the same time they are adopting this One Year Action Plan. The Cities of Eugene and Springfield each receive an annual entitlement allocation of CDBG funds directly from HUD. The two Cities also receive HOME funds from HUD through the Eugene-Springfield HOME Consortium. The City of Eugene is the lead agency in the HOME Consortium. A summary of planned uses by the Eugene-Springfield HOME Consortium for the use of HOME funds is available from the City of Eugene, as well as a summary of planned uses of Eugene CDBG funds. The following describes only the planned uses of CDBG funds received by the City of Springfield.

Coordination and Collaboration The Cities of Eugene and Springfield collaborate in multiple ways to plan for and implement affordable housing and community development activities. The Cities of Eugene and Springfield jointly prepare the five-year Consolidated Plan and coordinate preparation of the One-Year Action Plans, and Comprehensive Annual Performance and Evaluation Report. There are multiple forms for communication and collaboration between the jurisdictions and other public agencies, affordable housing developers, social service providers, and other interested parties. The Lane County Human Services Commission (HSC) and Poverty & Homelessness Board (PHB) offer ongoing opportunities for collaboration and communication.


Citizen Participation The City of Springfield encourages public participation in identifying specific needs and uses of CDBG funds in fiscal year (FY) 2020/21. The City of Springfield Community Development Advisory Committee (CDAC) is composed of community residents and was established by the City of Springfield to make recommendations concerning program policy and project selection to the City Council.

At the beginning of March, Springfield will release its DRAFT CDBG One-Year Action Plan on its website and at City Hall. A 30-day public comment period will be open thru April 8, 2020. Additionally, a public hearing will be held by the CDAC on April 8, 2020. Following the public hearing, the CDAC will discuss the draft Action Plan, and will make a recommendation to City Council on the uses of Springfield CDBG funds. Springfield’s City Council will consider the recommendation of the CDAC and public comments received before approving the One-Year Action Plan. The current proposed allocation is included in Attachment A.

Affordable Housing Strategy The City has developed an affordable housing strategy to address the low supply of housing and to foster housing choice and affordability in the short and long term. Springfield is focused on implementing a strategy that will make the most impact on addressing Springfield’s affordable housing needs.

In FY17/18 and FY18/19 CDBG One Year Action Plans, the City allocated funds toward the strategy to “Increase the supply of affordable housing”. In FY18/19, the City issued a Request for Concepts to award funds that had been previously allocated. That award process did not yield a project. In FY18/19, the City awarded HOME funds to Homes for Good for a new affordable housing development. Subsequently, in fall 2019, the City loaned CDBG funds to Home for Good to help acquire land for that same project. That loan is estimated to be repaid over two installments in May and November 2020. You see that amount in the draft allocated budget under revenue as project income. That full amount is also present in the Expenses line “TBD – Request for Proposals”, and has been made available as part of a Request for Proposals for FY20/21.

Activities Benefiting Low- and Moderate-Income Persons Generally, Springfield's CDBG-funded programs and projects are provided to benefit low-income residents living within the city limits of Springfield. Individuals participating in a CDBG-funded program are required to meet HUD Income Guidelines. In order to meet the CDBG National Objective of Benefit to Low and Moderate-Income Persons, CDBG-funded projects must either serve a specific low-income area, or provide tangible benefit to low- and moderate-income clientele (services, economic opportunities, housing). Funded programs and projects undergo periodic staff monitoring to ensure compliance with CDBG regulations. All of the allocations proposed in Springfield’s One Year Action Plan for FY 2020/21 would benefit low- and moderate-income persons, though a project could come in under the Request for Proposals that met another CDGB national objective.


Activities for the Prevention or Elimination of Slum and Blighted Conditions Another national objective of the CDBG program is the prevention or elimination of slums and blighted conditions in neighborhoods and communities, either by designating a specific area or by addressing conditions on a spot basis. In 2014, Springfield re-designated a Springfield Downtown Redevelopment Area, in compliance with CDBG regulations. The Downtown Redevelopment Area is pictured below. Springfield’s proposed One Year Action Plan for FY 2020/21 does not include an allocation toward the elimination of Slum and Blight, though a project could come in under the Request for Proposals that met this objective.


Strategies to Address Priority Needs The City of Springfield receives an annual allocation of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). The City of Springfield estimates its FY 2020/21 CDBG allocation to be $555,000 (similar to Springfield’s FY19/20 CDBG allocation). FY20/21 CDBG One Year Action Plan DRAFT – Attachment A shows the estimated sources of funding, and proposed uses, for FY20/21.

The draft Eugene-Springfield 2020 Consolidated Plan emphasizes goals and strategies to meet priority needs of renters, homeowners, people experiencing homelessness, and non-homeless special needs populations. Additional needs include increased employment opportunities as well as low-income neighborhoods and areas of slum and blight. The priority strategies described below are intended to address one or more priority needs.

The following narrative describes proposed allocations of Springfield CDBG funds for FY20/21 as it relates to each strategy identified in the DRAFT Eugene-Springfield 2020 Consolidated Plan. Certain strategies in Springfield are met through the Eugene-Springfield HOME allocations, and are indicated below. More details can be found regarding the allocation of HOME funds in the Eugene 2020/21 DRAFT One-Year Action Plan.

Affordable Housing Affordable housing goals are intended to address HUD program objectives to provide decent, safe, and affordable housing and address critical housing needs of low-income people in our community. A total of four affordable housing goals are included in the draft Eugene-Springfield 2020 Consolidated Plan.

Increase the Supply of Affordable Housing

• Housing Development – The City of Springfield recognizes that the housing supply is low, particularly affordable housing for low-income residents, and previous allocations have aimed to add a net increase of units to the housing supply. The City continues to seek projects to allocate prior year CDBG funds to “Increase the supply of affordable housing,” particularly through this year’s Request for Proposals. Additional funds allocated through the FY20/21 HOME Allocation will help to address this strategy in Springfield. (see FY20/21 HOME Allocation)

• Community Housing Development Organization Operating Support – (see FY 20/21 HOME Allocation)

Rehabilitate Existing Housing Stock

• Springfield Home Repair - The City of Springfield proposes to continue to provide assistance to qualified low-income homeowners through its Home Repair Program. This program is funded from the new CDBG entitlement grant. Springfield proposes to allocate an additional $120,000 in new CDBG funds for this purpose.


Provide Down Payment Assistance for Home Ownership

• Springfield Home Ownership Program - The City of Springfield continues to administer the Springfield Homeownership Program (SHOP). The SHOP provides down-payment assistance for low-and very low-income households. This program has some additional funds carried over from previous allocation years. The City proposes to allocate an additional $20,000 in CDBG funds this year to this program, anticipating that together with prior year funds we will be able to meet current, and even additional, demand for services.

Remove Barriers to Affordable and Supportive Housing

• There are currently no funds allocated to this strategy. However, Springfield is currently conducting an Analysis of Impediments to Fair Housing Choice and will make that report available to the public. In previous years, Springfield has worked with interns from the University of Oregon on this strategy to promote equal access in housing choice. Springfield is focused promoting information on the City website, and to our community partners. Springfield continues to seek opportunities to affirmatively further fair housing and inform others about fair housing.

Community Development Community development goals are intended to satisfy HUD program objectives by providing human services; creating jobs; improving access to public facilities; and furthering neighborhood revitalization, planning, and community-building activities. A total of three community development goals were included in the draft Eugene-Springfield 2020 Consolidated Plan.

Support a Human Services Delivery System

• Non-profit services through the Human Services Commission (HSC) – The City of Springfield collaborates with Lane County to fund human service providers. The Human Services Commission (HSC) is the intergovernmental board that guides the use of funds and oversees the activities of agencies receiving funds. Agencies to be funded are determined through a competitive Request for Proposals (RFP) administered by the HSC. Springfield proposes to allocate 15% of new entitlement funds to the HSC. Given the amount of program income projected for FY20/21, Springfield also has the option to allocate up to 15% of program income to this strategy, particularly for projects that come in through the Request for Proposals.

Promote Economic Development

• There are currently no FY 2020/21 funds allocated to this strategy, though a project may come in through the Request for Proposal that addresses this strategy.


Make Strategic Investments to Improve Neighborhoods

• In FY19/20, the City allocated funds toward this strategy to create Safe Routes to Schools in low-income neighborhoods. That project identified a number of infrastructure safety improvements to address unsafe school crossings at seven locations in Springfield, and is aimed to be completed in summer 2020. Additional requests for funding toward projects that meet this strategy may come in through the Request for Proposals.


CDBG REVENUES (estimated) Amount (EN) Amount (PI) Amount (TOTAL)

FY 2020-2021 Entitlement Funds (EN) $ 555,000 - $ 555,000

Program Income (PI) • Homes for Good loan repayment • Other program income (FY20)

- $ 750,000 $ 40,000 $ 790,000

TOTAL $ 555,000 $ 790,000 $ 1,345,000

CDGB EXPENDITURES (estimated)

Draft Consolidated Plan Strategy Activity Amount (EN) Amount (PI) Amount

(TOTAL)

To be determined 2020 CDBG Request for Proposals $ 220,750 $776,000 $ 996,750

1. Increase the supply of affordable housing

Acquisition, improvements, etc - - -

2. Rehabilitate existing housing stock affordable to low-income persons

Emergency Home Repair Program (EHR)

$ 120,000 - $ 120,000

3. Provide down payment assistance for home ownership

Springfield Homeownership Program (SHOP)

$ 20,000 - $ 20,000

4. Remove barriers to affordable and supportive housing

Support programs that assure housing opportunities are provided without discrimination

- - -

5. Support a human services delivery system to address the needs of homeless persons and special needs populations

Human Services Commission (HSC) (15%)

$ 83,250 $ 6,000 $ 89,250

Non-profit capital improvements - - -

6. Promote employment opportunities

Economic development - - -

7. Make improvements to low income neighborhoods

Public improvements in sidewalks, streets

- - -

Grant Admin (20%) $ 111,000 $ 8,000 $ 119,000

TOTAL $ 555,000 $ 790,000 $ 1,345,000
