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HomeMy WebLinkAbout2014-051 Contract - RH2 Engineering ORIGINAL I PAGE NO I OF PAGES Contract for PERSONAL SERVICES CITY OF CONSULTANT: RH2 Engineering Inc ASHLAND CONTACT: Rick Ballard 20 East Main Street Ashland, Oregon 97520 ADDRESS: 60 N. 4" St., Central Point, OR 97502 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (541)665-5233 DATE AGREEMENT PREPARED: March 13 2014 FAX: (541)665-5266 BEGINNING DATE: March 10, 2014 COMPLETION DATE: March 10, 2015 COMPENSATION: Time and Material not to exceed $50,000 as provided in attached Exhibit C SERVICES TO BE PROVIDED: per attached Exhibit C ADDITIONAL TERMS: None 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. 4Le) )NL 2. All Costs by Consultant: Consultant shall, a 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 banded. 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 $19,825 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 defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting d p), or damage (including loss or destruction) to property, of whatsoever nature arising out of eFinsident e normance of this contract by Consultant (including but not limited to, Consultant's 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 ro ' ely cause by the negligence of City. 10. Termination: or a. Mutual Consent. This contract may be terminated at an time b mutual consent of both parties. Contract for Personal Services, Revised 06/30/2013, Page 1 of 5 ORIGINAL PAGE NO-ZN OF PAGES b. City'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 the other. Prior to such termination the party seeking termination shall give to the other party 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 ORF 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. Worker's 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. . " _101- 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, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or chan e. There shall be no cancellation, material change, reduction of limits or Contract for Personal Services, Revised 06/30/2013, Page 2 of 5 ORIGINAL 1 PAGE N03-Oa-PAGES 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 (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within 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 and herein incorporated b reference. City of Ashland Consultant: By.~~i~$Jr►-~ By area Signature Department He e Print Name Print Name 17~r~ ~lel lv Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. FARM A- ~J roey m Contract for Personal Services, Revised 06/30/2013, Page 3 of 5 14 Det 3 -as- ORIGINAL I PAGE NO-~-01`3--PAGES 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 rofessional 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 viol Lntract y Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designate nd authorized to do business in Oregon or is an independent Contractor as defined in the cuments, and has checke d four or more of the following criteria: lyi O - (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. V (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. Contractor (Date) Contract for Personal Services, Revised 06/30/2013, Page 4 of 5 ORIGINAL I PAGE NOle-OF-3-PAGES E h) C PAS 1 EN1GINE B-B SC RI-12 ENGIN6ERING, INC. March 4, 2014 MMJa2rLIA Mr. Mike Faught Public Works Director City of Ashland 20 East Main WASHINGTON Ashland, OR 97520 LOCATIONS BGHIELL Sent via. Email MAIN OFFICE 2M2 20040 SE. Salle 710 B*@11, WA U021 Subject: Quick Start Engineering Services folt TAP Waterline Project BELLINGHAM Dear Mr. Faught: EAST WENATCHEE Thank you for the opportunity for RH2 Engineering, Inc., (RH2) to provide consulting services for the City of Ashland (City) for the TAP Waterline project. IMACUAH This scope of preliminary services has been prepared based on our correspondence C regarding the City's desire to start on this project prior to creation and acceptance of a RN:HLANO formal scope of services and fee estimate. RH2 will begin performing the following preliminary tasks to help expedite this project and TACOMA to provide preliminary information to support the City's decisions regarding the purchase of System Development Charges associated with this project. Formal contract negotiations will OREGON begin as soon as possible. LOCATIONS 1. Project Management NO ERNORECON RH2 will immediately begin management of this project. MMNOFMCE 6500SWMWW=Ave.SubI00 • Coordination with the City of Ashland Poaee40R97239 • Preliminary coordination with involved Agencies: o ODOT BOUMERNORWON o O1il[] 1 oe"PGlnl o Railroad CGASrAL Oneoon o Talent/Phoenix Roaneem o Jackson County • Preliminary coordination and scheduling of Subconsultants 2. Preliminary Hydraulic Analysis RH2 will begin preliminary review of the hydraulics of the system to help determine flow capabilities and review required improvements. 3. Preliminary Topographic Survey RI-12's subconsultant, OBEC Consulting Engineers, will begin coordination with ( ODOT and begin field work. 87iNi14101PAI \u1m1111 c.U,IPoIINtN~sN:N.\cn.1AAd d\TAPWwhft\Cwwa\u.A."GMr_•I•mw,NAel d.. ORIGINAL I PAGE NO~LOF ~ PAGES ~cl1~bJ~ C Pole Z f l Mr. Mike Faught March 4, 2014 Page 2 4. Develop Preliminary Technical Memorandum No. 1, Alternatives Analysis 1S MGD - 3.0 MGD RH2 will draft Technical Memorandum No. 1 utilizing preliminary evaluations of the existing systems to give options to the City for their review and use prior to March 21, 2014. The City needs to decide by April 1, 2014, what the immediate design capacity of the system will be for this project. RI-12 will provide options including flow capacities, planning level cost estimates, institutional impacts and schedule implications for each of the included options for the City's review. Options will be limited to flow levels between 1.5MGD and 3.0 MGD. The estimate of time and expense for this Scope of Work is $50,000. Services will be provided on a time and expense basis, per the rates in the attached Exhibit A - Schedule of Rates and Charges. Over the course of the project, if RH2 anticipates that the work will excegd this estimate, RH2 will notify the City, and any additional fee necessary to complete the work will be mutually negotiated. If you have any questions or need additional information regarding the above items, please contact Jeff Ballard at (541) 665-5233 ext. 5412. Upon receipt of the authorization to proceed with the Scope of Work, RH2 will begin working on the project. Sincerely, RH2 ENGINEERING, INC. Jeff Ballard, P.E. - Project Manager Richard L Ballard - Director JB/RLB\-\mnv Attachment: Exhibit A - Schedule of Rates and Charges The engineering services described in this letter are acceptable, and RH2 Engineering, Inc., is hereby authorized to proceed with the work. lalzamoon f e' Services o the TA Waterline By: City of Ashland Signed: ate: 0.1/01/14 lilt Pn \4611011\dh\Ceuniw61VV7.. am6.\Ci,M AAbnd\TAP Wemtu\Cmm \4Nd ACM-Ty W - " A` CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDNYYY) 3/17/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NA M NTAE:T Allen Fngitt CPCD Sammamish Insurance, Inc. PHONE (425)898-8780 FA% .(425)836-2865 704 228th Ave NE, PHB 373 -MAIL .Allen Fugitt@msn.com INSURERS) AFFORDING COVERAGE NAIL III Sammamish WA 98074 INSURER A Nartford Casualty Ins. Co. 9424 INSURED INSURER B:Sentinel Insurance Co. Ltd 11000 RH2 ENGINEERING INC INSURERC Continental Casualty Company 22722 29TH DR BE STE 210 INSURERD: INSURER E BOTHELL WA 98021 INSURER F: COVERAGES CERTIFICATE NUMBER:CL13121802337 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R WDCY E%P LIMITS INSR TYPE OF INSURANCE ADOL SUER POLICY NUMBER MMI~CY EFF GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea o=rrence $ 300,000 A CLAIMS-MADE OCCUR X 2SBANH5475 /16/2013 /16/2014 MED EXP(Arvone person $ 10,000 PERSONAL B ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMNOP AGG $ 4,000,000 X POLICY FIR LOC $ AUTOMOBILE UMULITY COMBINED SINGLE LIMIT Ea acci n 1,000,000 B ANY AUTO BODILY INJURY (Per person) $ ALLOWNED 1C SCHEDULED 2VECRY3821 8/16/2013 8/16/2014 BODILY INJURY (per accident) $ AUTOS $ X H REDSAUTOS X ANON -O MED PROPERTY DAMAGE Per acde t Medical Payments S 10 000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 LIED RETENTION 2SBANM5475 /16/2013 8/16/2014 $ A IHtDWJ8S0ON'4X9%=X VJC STATU- X OTH- 7p7pJ(EMPLOYERS'LIABILITY YIN 0 ANY PROPRIETORIPARTNE!t E ECUTIVE ~ NIA E.L. EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? 2SBANK5475 /16/2013 /16/2014 (Mandatory In NH) E.L. DISEASE - EA EMPLOYE S 1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below EL.DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability 0004312321 /29/2013 /29/2014 Per Orsumenm $3,000,000 Claims Made Demdide $150,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Aaach ACORD 101, Additional Remarks Schedule, 8 more apace is required) The City of Ashland is named as additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 520 N Main St. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE A Fugitt CPCO/ALLEN ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INSn25nmrnFmi The ArnOn nerve end Innn me eeniefereH rnarYe of Amon C TY REC®!R' DER Page 1 / 1 ~ ~ C I T Y OF T1S H LAN DATE 20 E MAIN ST. 3/24/2014 12158 ASHLAND, OR 97520 (541) 488-5300 - VENDOR: 018543 SHIP TO: Ashland Public Works RI-12 ENGINEERING INC (541) 488-5587 22722 29TH DRIVE SE SUITE 210 51 WINBURN WAY BOTHELL, WA 98021 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept: Req. Del. Date: Contact: Pieter Smeenk Special Inst: Confirming? No Quanti ' Unit i Unit Price: Ext: Price ' TAP Waterline Project 50,000.00 Engineednq Services Project #2008-08 50 000.00 BILL To: Account Payable SUBTOTAL rax 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 ASHLAND, OR 97520 TOTAL 50,000.00 Account Number :*,project Number • Amount Account 'Number'.-:. !Project Number - `.Amount E 670.08.15.00.70420 E 200808.100 50 000.00 Authorized gnature Z/j VENDORCOPY CITY OF ASHLAND /»a i€iT 4 PuPCFIdse Order REQUISITION Date of request: 3 20i Required date for delivery: Z w14 Vendor Name 2 w0m t 1A e, Address, City, State, Zip G0 IJ_ 2 Contact Name & Telephone Number I, S Fax Number 526 .541-lr,(n SOURCING METHOD ❑ Exempt from Competitive Bidding 9 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 ❑ Written quote or ro sal attached ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbalmritten quote(s) or proposal(s) ❑ State 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 Intenovernmental Agreement $5.000 to $75.000 ❑ Agency ❑ Form #g, Request for Approval ❑ Less than $35,000, by direct appointment El Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals1written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $SK to $75K Valid until: Date Description of SERVICES Total Cost & t~ ~ef per aJJockd earl X4 eWbit C fi; ~ 5ro 3p o Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTALa"COSTrI~~I`~~0 Per attached quotelproposal 5 r, KM7"vr Y Project Number Account Number -______$tyv~t t Account Numberfoo-QQ-]S- -X04200 Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: NIA IT Di ctor Date Support-Yes/No By signing this requisition form, l certify that the City's public contracting requirements have.been satisfied. Employee: P16U SME1aw Department Head: I Il L( (Egdal ttoo or greater than $5,000) Department Manager/Supervisor: City Administrator: \ a. ~G (Eghal to or great rthan j55000) 372iZ/Ilc7 Funds appropriated for current fiscal year: C ~ /NO Finance Dire ctor- (Equai to orgreate han $5,000) Date Comments: Fom #3 - Requi0on FORM #13 CITY OF ASHLAND EMERIGENCY IPR~OCUREMEN,T Greater than ,$5,000 To: Dave Kanner, Public Contracting Officer From: Mike Faught Public Works Director Date: March 7, 2014 Re: Emergency Procurement - Written Findings and Request for Authorization Document the emergency: Document the nature, necessity and circumstances of the emergency. See attached council communication Document solicitation process: Ensure competition reasonable and appropriate for emergency circumstances, determine appropriate solicitation time period, issue written or oral requests, or make direct appointments in cases of extreme necessity. Describe the selection method used for this particular public contract. On February 18, 2014 the City Council authorized an emergency engineering contract for the TAP intertie project. Five engineering consulting firms were requested to submit a proposal to provide emergency engineering services. The firms were selected because they all recently responded to another RFP for a similar piping project in Ashland. They included RH2 Engineering, Oregon Bridge Engineering Company (OBEC), Hardey Engin e e r ing (HEA) , Marquess & Associates(MAI), and (SHN). MAI and SHN declined to propose, RH2 and OBEC teamed to propose with RH2 as the prime, and HEA proposed. Both proposers were interviewed, and RH210BEC was selected by a committee that included Steve Walker, Mike Morrison, Greg Hinter, Scott Fleury, & Pieter Smeenk This is the first of two or more contracts that will be used to complete the TAP engineering. The quick start contract is intended to get work started immediately to determine some basic design information needed in order to order long lead time equipment and to prepare a second more detailed emergency contract that will include engineering and construction project management needed to complete the project. The cost of the second engineering contract will be determined in large part by the size of the final construction contract. Amount of Emergency Contract: S 50.000 (quick start contract only) Written Order Emergency Procurement is being authorized by the City Administrator as specified by this written order. Authorized by:'e ---z C-=. Date: 3I17'r y City Administrator / Public Contracting Officer Report Emergency Procurement to the City Council: Yes / Note: Emergency Procurements equal to or greater than $100,000 for Goods and Services and equal to or greater than $75,000for Personal Services will require Council approval. Form #13 - Emergency Procurement- Written Findings and Request for Approval, Page 1 of 1, 3/10/2014 CITY OF ASHLAND Council Communication February 18, 2014, Business Meeting Approval of an Emergency Procurement for Engineering Services for the Talent Ashland Phoenix Pipeline Intertie Project FROM: Michael R. Faught, Public Works Director, faughtm@ashland.or.us SUMMARY: The adopted 2012 water master plan recommended connectivity into the Talent Ashland Phoenix (TAP) pipeline to provide a backup emergency water supplement for Ashland. This project was slated for 2015; however, low snowfall and winter drought conditions lead staff to recommend that Council approve an emergency procurement process to move planning, permitting, engineering and construction of the emergency TAP water line from 2015 to 2014. An accelerated project schedule necessitates an emergency procurement process for engineering services. BACKGROUND AND POLICY IMPLICATIONS: The TAP project consists of engineering and construction of a 16-inch, 14,000-ft. pipeline from Ashland to Talent, where it will hook up to the existing line that originates in Medford and ends at Creel Road in Talent. The supply will provide an additional 1.5 million gallons a day of emergency water supply, with a peaking capacity of 3.0-mgd. On March 30, 2006, the City signed an intergovernmental agreement for the provision of emergency water services with the City of Talent to accommodate the intertie. The intertie pipeline will follow the route of the proposed TAP pipeline extension. Ashland Public Works staff is working with the cities of Talent and Phoenix to confirm the capacity and additional infrastructure requirements of the intertie. The TAP connection will be used for emergency situations, and portable pump stations will be used as needed. Initial cost estimates indicated the TAP pipeline project would cost approximately $2 to $2.3 million. Water from the TAP emergency line will initially be pumped to the Granite reservoir and then with the purchase of a temporary pump, it will be pumped to Crowson reservoir. Public Works is in the process of finalizing negotiations of a water supply and subsequent SDC payment with the Medford Water Commission and staff expects to bring the final agreement before Council at the March 4, 2014 regular meeting. In order to construct the TAP pipeline by the end of August, staff believes an emergency procurement process is needed If the emergency procurement process is approved, staff will contact four to five engineering firms directly to discuss the potential for generating the design and construction documents to bid the project in May of this year. Pate 1 of 2 MA, CITY OF ASHLAND In addition, a right-of-way permit will be required through the Oregon Department of Transportation (ODOT) to construct the pipeline in their right of way. ODOT will need time to review and comment on the proposed pipeline location within their right of way and those comments will need to be addressed by the consulting engineering firm. Ashland Municipal Code 2.50.090 (H) defines emergency procurements: a public contract that is necessary because an emergency exists meaning there are circumstances creating a substantial risk of loss, damage, interruption of services or threat to public health, safety, welfare, or property that could not have been reasonably foreseen and requires prompt execution of a public contract to remedy the condition. Staff believes, given the time frame and potential supply issues, emergency procurement of services is appropriate. Staff will use a formal truncated qualification based selection interview process with consultants in order to make a selection. The shortened process will include the core elements of the QBS process and allow Public Works to proceed at a much faster rate for the intertie project- Proiect timeline: In order to minimize disruptions in supply to residents, Public Works expects to have the pipeline engineered and constructed by the end of August. Staff estimates construction will take approximately three months. This means construction will need to start in June and it will take approximately three . months before then to generate the appropriate engineering design, permitting and construction documents. In addition, staff will work to procure pipe and pumps directly during and in conjunction with the engineering process to cost effectively construct the project FISCAL IMEPLICATIONS• With the exception of the Medford Water Commission System Development Fees, no changes to the budget are proposed at this time. There is $2 million budgeted for this project in the current biennium. STAFF RECOMMENDATION AND REQUESTED ACTION Staff recommends moving forward with emergency procurement for services for the TAP intertie project. SUGGESTED MOTION: Move to approve an emergency procurement process for services for the TAP intertie project. Move to approve giving contracting authority to the City Administrator in an amount greater than $100,000 for the TAP intertie project ATTACHMENTS- N/A P ~e2of2