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HomeMy WebLinkAbout2013-150 Contract - Keller Associates Contract for PERSONAL SERVICES less than $35,000. CITY OF CONSULTANT: Keller Associates ASHLAND CONTACT: James Bledsoe 20 East Main Street Ashland, Oregon 97520 ADDRESS: 131 SW 5'" Ave Suite A Telephone: 541/488-6002 Meridian ID. 83642 Fax: 541/488-5311 TELEPHONE: 208-288-1992 DATE AGREEMENT PREPARED: FAX: 208-288-1999 BEGINNING DATE: 4/25/2013 COMPLETION DATE: 6/30/2014 COMPENSATION: Reference Budget Exhibit C: $30,700 e erence ace x B as r er 1"1029- ADDITIONAL TERMS: FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of city. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $18,890 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to indemnify and save City, its officers, employees and agents harmless from losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature to the extent the harm caused arises out of or is incident to the negligent acts, or errors or omissions in performance of this contract by Consultant (including but not limited to, Consultants' employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses; claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. Contract for Personal Services, Revised 06/3012011, Page 1 of 5 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. Citv s Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by ther Prior-to-sush-termination ho-pady.-seeking-teuainationshalt-giv,--to-thg-0 written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or. delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Workers Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, Contract for Personal Services, Revised 06/30/2011, Page 2 of 5 including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (andlor any other or department of the State of Oregon) and the nsaftant-tftat-arise relates tiathis-centraetshall-be-brell` ht and R'' ed solely and a elus the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification, Consultant shall sign the certification attached hereto as Exhibit A a herein incorporated b reference. onsultant: .1 City RfAqhland By By r~• Signat a Dep rtent Head R T. LIN7"A ~kJ~1 .,~srt Print Name Print Name PREJ, b E'^li S I28"(~3 Title. Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. c Contract for Personal Services, Revised 061302011, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report.all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. I Contract r (Date) Contract for Personal Services, Revised 06/30/2011, Page 4 of 5 - EXHIBIT C City of Ashland, Oregon ~r~+# KA Task Order # 211029-007 Name: Wastewater Facility Planning Study Update February 2013 BACKGROUND The City o Ashland operates and maintains a wastewater collection system comprised of 110 miles of gravity sewer and 8 lift stations. A Comprehensive Sanitary Sewer Master Plan (CSSMP) was adopted by Ashland April 17, 2012. The purpose of the Facility Planning Study Update is to provide the documentation requested by the Oregon Department of Environmental Quality that outlines the changes since the previous facility planning study, summarizes new permit requirements, discusses treatment alternatives, and summarizes recommended improvements. An Environmental Information Document will also be prepared. SCOPE Task 1: Project Management and Meetings Keller Associates will complete the following project management tasks: Provide monthly invoices and progress reports (5 months). • Prepare a request for information and review data provided by the City. Provide subsequent requests for information (if needed) to clarify data and complete evaluation. • Coordinate study efforts with Oregon DEQ. • Conduct two conference call meetings with City staff to discuss study review comments. Prepare for and attend one public meeting. It is anticipated that this meeting will be after the draft facility planning study update has been completed and as part of the environmental approval process. City Responsibilities • Provide information in request for information. • Provide facilities for public meeting. Pay for public meeting advertisement costs. Task 2: Complete Additional Facility Planning Analysis It is anticipated that the facility planning effort will build primarily upon work already completed and included in the CSSMP. Keller Associates will provide the following additional services as part of the facility planning study update: • Update the study area characteristics to include the physical, socio-economic, and land use regulations. • Update regulatory requirements summary. Keller Associates will review with DEQ changes that have occurred since the CSSMP was adopted and their associated impact 211029-004 1 on Ashland's wastewater treatment plant. These include ammonia limits, Senate Bill 737, copper, and Aquatic Life and Human Health Criteria. Summarize up to three treatment alternatives and associated planning level cost that could be employed at the wastewater treatment plant for removing copper. • Summarize the results of the Infiltration and Inflow study (anticipated to be completed . spring 2013). City Responsibilities: • Provide requested information including available study area and socio-economic data, additional WWTP data and other information requested by the Consultant Assumptions: Previous analyses of population, land use, flows, collection system capacities, treatment plant, effluent disposal, solids handling, and user rates are still valid and will not need to be reevaluated as part of the planning effort. ® Items not included in this scope of work include an investigation of how to reduce copper levels entering the plant (e.g. water treatment modifications or investigation of copper generation within the water distribution system). • Consultant's opinions of probable cost represent Consultant's judgment as an experienced and qualified design professional. Since Consultant has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Owners and other contractor's methods of determining prices, or over competitive bidding or market conditions, the Consultant cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from opinions of probable cost prepared by the Consultant. Should additional services be requested by the City and/or DEQ these services will be completed as part of a separate task order or an additional service to this task order. Task 3: Prepare Facility Planning Report Keller Associates will provide the following services: • Incorporate additional analysis items (Task 2) and items previously documented in the CSSMP into a facility planning study update. The format will generally follow the Oregon DEQ guidelines for facility planning studies (December 2005). • Provide 5 draft and final copies of the facility planning study. The final document will be in 5 ring binders. Provide electronic copy (PDF format) of the final document. Draft and final copies will be submitted to the City and Oregon DEQ. City Responsibilities: Review and comment on draft documents. Provide supplemental information as requested for inclusion in the facility planning study. 211029-004 2 Task 4: Environmental Information Document Keller Associates will provide the following services: Complete an Environmental Information Document (EID) for the Priority 1 improvement (Oxidation Ditch) following the Guidelines for Preparation of Facilities Plans and Environmental Documents (December 2005). City Responsibilities: ® NA ASSUr^ptions- The EID will be limited in scope to the third oxidation ditch. It is anticipated that separate environmental evaluations will be completed for other priority improvements including shading and relocation of the City's outfall to Bear Creek. For budget estimates, it was assumed that no additional field work (wetlands delineation, biological assessment, or archeological) would be needed as part of the Environmental Information Document. The site was previously identified by the City as a Locally Significant Wetlands area. It is anticipated that a more detailed wetlands delineation and associated permitting and mitigation plan will be completed as part of the pre-design phase of improvements. BUDGET Keller Associates proposes to do the work on a lump sum basis for a fee of $30,700 for Tasks 1- 4. A breakdown of this fee by task is presented below: Task Budget Task 1: Project Management and Public Meeting $6,000 Task 2: Complete Additional Facility Planning Analysis $6,500 Task 3: Prepare Facility Planning Report $12,400 Task 4: Environmental Information Document $5,800 Total (Lump Sum) $30,700 Additional Services Through the process of this study, it may be that there are additional services that either the City or DEQ request to be included in the facility planning study update. These services will be completed on a time and materials basis as authorized by the City. These services could include but are not limited to the following: pre-treatment ordinance support, industrial user survey, emergency response and public notification plan, environmental field work and permitting, implementation and funding support, and additional facility planning analysis services not included in this scope of work. 211029-004 3 Kari Olson From: Kari Olson [olsonk@ashland.or.us] Sent: Friday, June 14, 2013 9:51 AM To: Bradley Barber Cc: kari.olson@ashland.or.us Subject: Got a proposal or fee schedule to attach to contract Hello Brad, Do you have a written fee schedule or proposal to attach to the contract for Terrasurvey? Thank you. Kariann Olson Purchasing Representative City of Ashland 90 N. Mountain Ave. Ashland, Oregon 97520 Tel 541-488-5354 Fax 541-488-5320 TTY 800-735-2900 kari.olson(@ashland.or.us Visit the City's web site at: www.ashland.or.us This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at (541) 488-5354. Thank you. 1 Page 1 / 1 CITY OF ITY RECCROER ASHLAND DATE . PO NUMBER 20 E MAIN ST. 6/17/2013 11645 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 015211 SHIP TO: Ashland Public Works KELLER ASSOCIATES INC (541) 488-5587 707 13TH ST SE STE 280 51 WINBURN WAY SALEM, OR 97301 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Scott Fleury Special lnst: Confirming? No Quantity Unit ..Descri ption Unit Price ' Eat. Price Wastewater Facility Planning Study 30,700.00 Contract for Personal Services Beginning date: 04/25/2013 Completion date: 06/30/2014 SUBTOTAL 30,700:00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 30,700.00 ASHLAND, OR 97520 Account Number Project Number _ Amount Account Number . Project Number. - Amourit' E 675.08.19.00.70420 E 201303.999 15 350.00 E 675.08.38.00.70420 E 201303.999 15,350.00 Authorized Signature e VENDOR COPY CITY OF FORM #3 A request for a Purchase Order ASHLAND' REQUISITION' Date of request: Required date for delivery: . Vendor Name' Address, City, State, Zip Mt 3W SrT•" ptr auii¢ a WEtttll by aC. AN364Z Contact Name &Telephone Number d3LtLObC~ 2c8- 265- t't`1Z Fax Number t 243 - ?88 - l901'( SOURCING METHOD ❑ Exempt from Competitive Bidding - ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Wdtlen quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Dale approved by Council: Contract # ❑ Verbal/Wmten quote(s) or proposal(s) ❑ Slate of Washington Intermediate Procurement ❑ sole source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5.000 to $100.000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75.000 ❑ Form #9, Request for Approval ❑ Agency © Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/writlen solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: - Date Description of SERVICES Total Cost yV-0.~pcc WattrL FALt~.iC~~ At,ur trit rJte 6tt10y ' ;t' +1. fit; Item # Quantity Unit Description of MATERIALS Unit Price f Total Cost TOTAL'tC08T ® Per attached quotelproposal c r N $ t. Project Number 2003 03 Account Numberb?~-__-_`- Account Number - - - - - - - - - - - - Account N er 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditu> v ~ IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By si nin 's requisition form. I certify that the City's public contracting requirements have been satisfied. Employee Signatur Department Head Signature: (Equal tp or,greater than $5,000) City Administrator: r greater thaA2 5, O) t too Funds appropriated for current fiscal year. YES / NO a5 Finan e.Direc -(Equal to or greater than $5,oA - Date Comments: Form #3 - Requisi&on Kari Olson From: Scott Fleury [fleurys@ashland.or.us] Sent: Monday, June 03, 2013 9:55 AM To: 'Kari Olson' Cc: 'Miranda Iwamoto' Subject: Facility Planning Study Karl, I forgot to breakdown the account codes on the requisition for the facility planning study to include the SDC portion. 675.08.19.00.704200 = $15,350 675.08.38.00.704200 = $15,350 Could you update accordingly, or would you like me to send a new requisition form down? Thanks, Scott A. Fleury, Engineering Services Manager City of Ashland, Public Works 20 East Main Street, Ashland OR 97520 (541) 552-2412, TTY 800-735-2900 Fax: (541) 488-6006 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2412. Thank you. r 1