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2015-144 Contract - URS Energy & Construction
Contract for PERSONAL SERVICES less than $75,000 C I T Y OF CONSULTANT: URS Energy & Construction, inc. ASHLAND CONTACT: Steve Samuelson 20 East Main Street Ashland, Oregon 97520 ADDRESS: 10900 8th Street, Suite 500, Bellevue WA 98004 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 425.451.4500 DATE AGREEMENT PREPARED: March 10 2015 FAX: 425.451.4980 BEGINNING DATE: March 30, 2015 COMPLETION DATE: December 31, 2015 COMPENSATION: Time and Materials not to exceed (NTE) $50,381.00 SERVICES TO BE PROVIDED: per attached exhibit C ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. 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 $20,142.20 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 third party claims for injury to any person (including injury resulting in death), or third party claims for damage (including loss or destruction) to physical property, to the proportionate extent caused by the Consultant's negligence in the performance of this contract of whatsoever nature arising out of or incident to the performance 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, subro ations, actions, costs, judgments, or other damages, directly, solely, and proximately Contract for Personal Services, Revised 07/08/2014, Page 1 of 6 caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. 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 anytime 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. it. 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. 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, $2,000.00 0 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. d. Automobile Liabilit insurance with a combined single limit, or the equivalent, of not less than Enter one: Contract for Personal Services, Revised 07/08/2014, Page 2 of 6 $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 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 (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. Severability. If any part, term or clause of this Agreement is held by a court or arbitrator to be unenforceable, of no effect or in conflict with any law, the validity of the remaining provisions and clauses shall not be affected and the rights and obligations of the parties shall be construed and in force as if the Agreement did not contain the particular part, term or clause held to be unenforceable. 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. 18. Force Majeure. Any delay or failure of Contractor in performing its obligations under the contract shall be excused if and to the extent such delay or failure results from any cause beyond the reasonable control of Contractor, and Contractor's time of performance will be equitably adjusted to cover the effect thereof. 19. Warranty: a. Contractor warrants that the work will be performed in accordance with that degree of care and skill ordinarily exercised by members of the engineering profession applicable to similar work under similar circumstances. This warranty is exclusive and in lieu of any and all other warranties relating to the work whether statutory, express or implied and Contractor disclaims any such other warranties, and/or fitness for a particular purpose and any and all warranties arising from course of dealing and/or usage of trade. Any other statements of fact or descriptions expressed in the contract shall not be deemed to constitute a warrant of the work or any part thereof. b. Contractor may rely upon and use in the performance of the work information supplied to it by Owner without independent verification, and Contractor shall not be responsible for defects in the work attributable to its reliance upon or use of such information; provided, that in the event Contractor discovers an error, omission, defect or deficiency in such information, Contractor shall notify City thereof and shall not proceed with the affected work except as directed by City. 20. Risk Allocation. Notwithstanding any other provision to the contrary in this Agreement and to the fullest extent permitted by law, neither Owner nor Consultant shall be liable, whether based on contract, tort, strict liability, warranty, indemnity, or any other cause Whatsoever, for any consequential, special, incidental, indirect, punitive or exemplary damages, or damages arising from or in connection with loss of power, loss of use, loss of revenue or profit actual or anticipated), loss Contract for Personal Services, Revised 07/08/2014, Page 3 of 6 by reason of shutdown or nonoperation, increased cost of construction, cost of capital, cost of replacement power or customer claims; provided, however, that (1) the limitation of liability shall not apply with respect to Owner's indemnity and save harmless obligations to Consultant, and shall not affect Owner's obligation to pay Consultant as required under this Agreement' and (2) Consultant shall be liable for up to the total amount of the contract in the event Consultant erroneously determines, due to breach of the standard of care set forth in paragraph 19.a above, that some or all of the reservoir cannot be used and the City loses full or partial use of the reservoir as a direct result of such erroneous determination. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. onsultant: City`iof Ashland By De0artment Head Si ature e5i I J)J .1, 1 lel, " -1 /,/W 4 Print Nam Print Name Title Date ~ W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. e-1 " v AVEM BY. oll- DATB:.~ Contract for Personal Services, Revised 07/06/2014, Page 4 of 6 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 exemptfrom 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 (Ili) 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: (Z) t 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. t/ (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, Contractor (Date) Contract for Personal services, Revised OMO/2013. Page 4 of 6 CITY i ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE • er hour effective June 30, 2014 (Increases annually every June 30 by the Irani Consumer Price Index) portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of r Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland employee's or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Personal Services, Revised 07/08/2014, Page 6 of 6 A Z WM poqe _CJ) February 12, 2015 Mr. Pieter Smeenk, P.E., S.E. City of Ashland Public Works Engineering Division 20 East Main Street Ashland, OR 97520 Re: Reeder Gulch Project No. 1107-OR Proposal for Services - Hosler Dam Left Abutment Erodibility (Revised) Dear Mr. Smeenk: We are pleased to offer this revised proposal to provide supplementary services related to our May 2013 Independent Consultant Safety Inspection Report (published by AECOM legacy company URS). As a result of the March 19, 2013 PFMA review session, there are two potential failure modes related to erosion of the left abutment of the dam that now are classified as Category III - More Information Needed to Classify. The studies supporting the PFMA review session determined that the upper rock unit on the left abutment of the dam, designated rock unit R4, is highly weathered and easily eroded, at least near the surface. The estimated erosion threshold of this rock unit is low enough to be vulnerable to small overtopping flows that are possible within the life of the dam. Although rock unit R4 has been established in areal proximity to dam monoliths A, B, and C near the surface, its overall extent in terms of depth are not well-defined. This lack of depth-wise definition is what drives the Category III classification of the erosion-related potential failure modes at the left abutment of the dam. Further, there are contradictory indications concerning the depth of the more erodible rock and thus it is not clear if overtopping flows would erode rock to an extent that would compromise the structural integrity of the dam. The field program proposed by AECOM is therefore intended to determine the extent of erodible rock, to determine whether protection measures are required, and determine the appropriate classification of the Category III potential failure modes. AECOM will provide professional services to evaluate all site geotechnical data, and assess the implications with respect to the dam. Per our phone conference on February 5, we have revised this scope to allow field supervision by a local geotechnical engineer to be hired by the City. This proposal also outlines expectation for the services to be provided by this geotechnical engineer. AECOM 10900 NE 8N Street, Suite 500 Bellevue, WA 98004 Tel: 425.451.4500 Fax: 425.451.4980 City of Ashland Hosler Dam Left Abutment Erodibility The following discussion elaborates our proposed field and laboratory testing program and scope of work. SCOPE DISCUSSION Field Investigation AECOM proposes to drill, sample, and test two borings which are approximately located downstream from the face of the dam as shown on Figure 1. Boring B-1 will be located on the outboard edge of the access road and will be used to determine the upper-most left abutment rock properties. Boring B-2 will be located down slope from B-1 and might require an excavated or filled drill pad or cribbing for set up of the drilling rig off of the road and on the left abutment slope surface. Per our February 5, 2015 teleconference, the location of Boring B-2 may be adjusted to avoid the groin of the dam. Its approximate location from the end of the arch should be maintained, however, as shown on Figure 1. The borings are located downstream of the dam to provide the weathering and erodibility profile from the surface. The borings will be used to gather rock properties information. For expediency, AECOM recommends that the City of Ashland contract the drilling of boreholes. The televiewer logging should be included as part of the drilling subcontractor responsibility. Per our February 5 teleconference, we understand that the City will hire a local geotechnical engineer to prepare the drilling specification, oversee field activities and log the holes, This geotechnical engineer shall prepare the following procurement documents: • Scope of Work (SOW) • Specifications • Bid Sheet AECOM will review the procurement documents prior to bidding. A report will not be required of the geotechnical engineer, but deliverables shall include: • Draft (field) Boring Logs • Final Boring Logs • Photographs of all core runs AECOM will review the draft boring logs and provide comments. The geotechnical engineer shall finalize the boring logs after receipt of our comments. We also will coordinate slection of samples for laboratory testing with the geotechnical engineer. A=C'OM Page 2 of 6 J City of Ashland Hosler Dam Left Abutment Erodibility The borings are planned to be drilled to a depth of 20 feet below the approximate dam/foundation contact elevation at each location. The borings will be drilled using rotary methods including standard penetration testing (SPT) and sampling followed by continuous rock coring. The SPTs will identify the location of refusal and depth of rock at which rotary core drilling will be initiated. Geologic logging will include measurement of standard rock quality designation (RQD), the rock type, discontinuity descriptions, and their weathering characteristics. Selected core samples will be tested for unconfined compressive strength. After drilling, the boreholes will be logged with an oriented Optical Televiewer (OPTV) to examine rock and determine rock joint and bedding plane orientations. The OPTV tool generates a continuous oriented 360° image of the borehole wall using an optical imaging system consisting of a high resolution digital camera with a magnetometer to orient the core with respect to magnetic north. The resulting product consists of a photographic image of the borehole wall. Data acquisition will be performed in all borings and include dip angle and dip direction of features. Ail borings will be backfilled to the surface with grout. Laboratory Testing AECOM will prepare a purchase requisition for laboratory testing of selected samples from a qualified laboratory. The laboratory testing of foundation rock samples collected from the borings will provide data for evaluation of material properties. The current plan proposes that unconfined compressive strength (UCS) tests with elastic properties be performed on a maximum of 12 rock core samples to determine the strength of intact rock at different depths in the left abutment and down to and below the foundation elevation. During the testing program, AECOM will coordinate with the laboratory staff, as needed, regarding test progress and resolution of questions about the testing. WORK TASKS The revised tasks priced for this scope of work are summarized in the following paragraphs. For convenience we have maintained the original task numbering, with those related to the work plan preparation, pre-bid site visit, drilling subcontractor procurement and field oversight deleted. Task 1 - Project Management and Subcontractor Administration: This is an allowance for processing invoices, budget/hour tracking and overall team coordination including procuring and coordinating the laboratory services. It includes hours for the Project Manager and administrative personnel. °COM Page 3 of 6 City of Ashland Hosler Dam Left Abutment Erodibility Task 2 - Work Plan Preparation:. This task has been deleted. Task 3 - Drillinq Subcontract Procurement: Most of these activities will be handled by the City. AECOM will, however, review and comment on the drilling specification prior to the start of field activities. Task 4 - Site Visit and Pre-bid Meeting: This task has been deleted. Task 5 - Field Program Support: The field-supervision portion of this task originally intended by AECOM has been deleted. This task will be handled by a local geotechnical engineer contracted with by the City. An allowance for AECOM to provide support is included for field coordination. Task 6 - Office Engineering: This includes summarizing the field investigation, interpretation of the field data and laboratory test data, analysis of optical televiewer information, and expanding the erosion evaluation from the 2013 Part 12 report to characterize the extent of erodible material at the left abutment. Included in the erosion evaluation will be hydraulic study of the extent of scour likely from overtopping jet placement relative to the toe of the dam. Revised stereographs will be developed with the new information obtained from the optical televiewer on joint orientation. Task 7- FERC Meetings: As of last fall the FERC had not reviewed the work we have completed so far on the issue of erodibility, as presented in our 2013 Safety Inspection Report. We recommend referring the FERC to Sections 3.2.1.4 and 3.2.1.5, Exhibits 3-1 and 3-2 of our May 2013 report; sending them Figure 1 of this proposal; and soliciting comments on our approach for completing the erodibility study prior to mobilizing the contractor. The hours included for FERC meetings are an allowance to participate in telephone conferences as needed. Task 8- Report: A report will be developed including all of the field investigation results, laboratory testing, and analyses. This report will include a discussion of the rock conditions at the left abutment of the dam. Boring logs and the results of the laboratory testing will be included in this report. The report will summarize all of the office engineering evaluations developed as part of Task 6, and will develop conclusions concerning the appropriate classifications for the related potential failure modes. Recommendations pertaining to whether or not erosion protection is required will be included in the report. A draft of the report will be submitted to the City of Ashland for ~UWCQM Page 4 of 6 City of Ashland Hosler Dam Left Abutment Erodibility review, and the final report will be completed following resolution of any questions or comments. PROJECT STAFFING Oversight of the work will be provided by Independent Consultant Mr. Steve Samuelson, P.E., who will coordinate production of the final report and conclusions pertaining to the extent of erosion due to overtopping, the resulting potential for undermining of the dam, and the appropriate final classification of those potential failure modes presently classified as Category Ill. Geotechnical engineering will be coordinated by Mr. Steve Goodin, P.E., who has led all geotechnical evaluations at the site since URS/AECOM involvement commenced in 2012. Mr. Goodin will complete the erosion evaluation based on new field and laboratory test data from the test boreholes and update the stereographic plots according to the new data obtained from the optical televiewer. Hydraulic studies related to the overtopping jet and flow of water down the groin of the dam will be performed by Mr. William Shaffer, P.E. Mr. Shaffer has been involved in the hydraulic aspects of the present erosion evaluations and participated in the in-house review of the PFMA report in preparation of the March 19 PFMA review. SCHEDULE It is our understanding that the present FERC deadline for this work is at the end of May. While it appears that meeting that schedule should be feasible, there are enough unknowns related to subcontractor availability and laboratory back-log that makes it desirable to extend the deadline to the FERC to July 31, 2015. Assuming a notice to proceed of March 2, 2015 results in a target deadline of June 19, 2015 for submission of our draft report to the City. Our final report will be submitted within two weeks upon receipt of comments by the City. COST OF SERVICES Per your request, we have developed an estimate for the cost of drilling and optical televiewer services. A more accurate estimate will not be possible until after the drilling contractor visits the site, observes the locations of the boreholes, and determines the best means of accessing the down-slope borehole location. We estimate that their required budget will be in the range of $25,000 to $35,000. This includes the cost of rock sampling and obtaining the optical televiewer information. ~Ocom Page 5 of 6 City of Ashland Hosler Dam Left Abutment Erodibility AECOM proposes to perform this project under the same terms and conditions as our recent contract for the Hosler Dam Part 12 Services (City of Ashland Project No. 2012-27, Contract Dated January 15, 2013). Labor costs are equal to a multiplier of 2.8 on bare salary. Travel costs have been deleted from the revised proposed scope of work. TASK Hours cost 1. Project Management(Subcontractor Admin 14 $ 2,210 3. Assistance with Drilling Subcontract Procurement 8 1,592 5. Feld Program Support 8 1,592 6. Erosion Evaluation 78 14,318 7. FERC Meetings 32 3,072 8. Report 96 18,572 Total Labor: 228 42.836 SUBCONTRACTORS Laboratory Testing 8,000 Total Subcontractors: $8,000 OTHER DIRECT COSTS Reproductions 75 Shipping/Postage 100 Miscellaneous (photos, maps,etc) 50 Subconsultant Management Fee 800 SUBTOTAL: $1,025 TOTAL $ 50,381 CLOSING We are grateful for the opportunity to continue providing services to the City of Ashland and look forward to completing this scope of work for you. If you have any questions, please contact me. Sincerely, Steve Samuelson, P.E. Project Manager and Independent Consultant CC: Mike Pavone Steve Benson Steve Goodin Thom Ferguson ~~~M Page 6 of 6 DATE (12015 YYYY) AC R©® CERTIFICATE OF LIABILITY INSURANCE 05127 /2015 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(ies) 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 CONTACT Marsh Risk & Insurance Services NAME: PHONE FAX CA License #{0437153 Ic Arc No : 777 South Figueroa Street E-MAIL Los Angeles, CA 90017 ADDRESS: Attn: LosAngeles.CertRequest@Marsh.Com INSURE S AFFORDING COVERAGE NAIC # 06510 -AECOM-15-16 Seattl GLALP 12 2020 INSURER A : Zurich American Insurance Company 16535 INSURED AECOM INSURER B : N/A N/A URS Corporation INSURER C : Illinois Union Insurance Co 27960 1501 41h Avenue, Suite 1400 INSURER D : Seattle, WA 98101 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: LOS-001872785-01 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. INSR ADDL SUER LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIIYYYY MMIDDNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLO 5965891 07 04/01/2015 04/0112016 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ~ OCCUR P DAMAGE V)_ REMISES (Ea Occurrence) D $ 1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 JECT X POLICY ❑ PRO ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP 5965893 07 04/01/2015 04/0112016 COMBINED SINGLE IT Ea accident $ 1,000,000 i ANY AUTO BODILY INJURY (Per person) $ ALL OWNED L SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C ARCHITECTS & ENG. EON G21654693 10/0812014 04/01/2016 Per Claim/Agg 2,000,000 PROFESSIONAL LIAB. "'"CLAIMS MADE""' Defense Included DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Hasler Left Abutment Erodibility Study; The City of Ashland, Oregon is named as additional insured for GL & AL coverages, but only as respects work performed by or on behalf of the named insured. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract with respect to the GL & AL coverages. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attention: Pieter Smeenk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services David Denihan @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 1/1/2015 forms a part of Policy SEE ATTACHED ACORD 101 No. Issued to AECOM URS Energy & Construction, Inc. By The Insurance Company of the State of Pennsylvania LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder(s) when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided the Insurer, either directly or through its broker of record, either. (a) the name of the entity shown on the certificate, a contact name at such entity and the U.S. Postal Service mailing address of each such entity; or (b) the email address of a contact at each such entity; and 3. prior to the effective date of cancellation, the Named Insured confirms to the Insurer, either directly or through its broker of record, that the persons or organizations set forth in the Schedule below, as well as their respective addresses listed, should continue to be a part of the Schedule and, if not, the names of the persons or organizations that should be deleted, the Insurer will provide advice of cancellation (the "Advice") to each such Certificate Holder(s) confirmed by the Named Insured in writing to be correctly a part of the Schedule within 30 days after the Named Insured confirms the accuracy of the Schedule below with the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured confirms the accuracy of the Schedule below with the Insurer. Proof of the Insurer emailing the Advice, using the information provided and subsequently confirmed by the Named Insured in writing, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. WC 99 00 58 (Ed. 04/11) Attachment Code: D503695 Master ID: 1389302, Certificate ID: 13502646 ACC) CERTIFICATE OF LIABILITY INSURANCE 1i1i2016 Ds/27/201s 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(ies) 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 Lockton Insurance Brokers, LLC CONTACT NAME: 19800 MacArthur Blvd, Suite 1250 PHONE FAX Af N AIC No : CA License #OF15767 E-MAIL Irvine 92612 ADDRESS: 949-252-4-400 INSURERS AFFORDING COVERAGE NAIC if INSURER A:IncnranCe Com an ofthe State of PA 19429 INSURED AECOM INSURER B : 1389302 URS Energy & Construction, Inc. INSURER C : 1501 4th Ave, Ste. 1400 INSURER D : Seattle WA 98101-3655 INSURER E: INSURER F : COVERAGES AECTE01 CERTIFICATE NUMBER: 13502646 REVISION NUMBER: V000= 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. INSR TYPE OF INSURANCE ADD WVD SUBR POLICY LTR -POLICY NUMBER MMIDD EFF MM/ DY EXP INSD LIMITS rGEN'L MMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE DAMAGE T CLAIMS-MADE ❑OCCUR PREM SESO(Ea occurrence) $ x}i MED EXP An one person) $ Vi PERSONAL & ADV INJURY $ X X~{ GGREGA TE LIMIT APPLIES PER GENERAL AGGREGATE $ LICY ❑ P0- LOC PRODUCTS -COMP/OP AGG $ HER AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ (Ea accident) X'' ANY AUTO BODILY INJURY (Per person) $ - ALL OWNED SCHEDULED BODILY INJURY Per accident $ XxXxxxx AUTOS NAUTOS ON-OWNED PROPERTY DAMAGE $ 11.l1.AAA1~ HIRED AUTOS AUTOS $ )CXX)= UMBRELLA L.IAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ ) EXCESS LIAB CLAIMS-MADE AGGREGATE $ )00i DED RETENTION $ $ )00' WORKERS COMPENSATION N SEE ATTACHED ACOR FA AND EMPLOYERS' LIABILITY D 101 1/1/2015 1/1/2016 X STATUTE ER ANY PROPRIETOR/PARTNER/EXECU I IVE YIN N/A EL EACH ACCIDENT $ 2,000,000 N 11 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L DISEASE - EA EMPLOYE $ 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2.0W000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Notice of Cancellation applies per attached endorsement. Re: Hosler Left Abutment Erodilibility Study. CERTIFICATE HOLDER CANCELLATION See Attachments 13502646 City of Ashland SHOULD ABOVE DESCRIBED EXPIRATIION DA E THEREOF NOTICE ClWI L BE N DELIVERED INE THE Attn: Pieter Smeenk ACCORDANCE WITH THE POLICY PROVISIONS. 20 E. Main St. Ashland OR 97520 AUTHORIZED REP ©1 88-201 AC D CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Insurer A: The Insurance Company of the State of Pennsylvania The Workers' Compensation coverage shown does not apply in monopolistic states. In the State of ND, OH, WA, and WY Workers' Compensation coverage is provided by the State Fund. In those States, the above reference policies provide Stop Gap Employers' Liability only. Workers' Compensation policies apply as indicated below: AECOM WC 028328280- CA WC 028328281 -FL WC 028328282 - MA,ND,OH,WA WI,WY WC 028328283 - ME WC 028328284 - AK,AZ VA WC 028328285 - IL,KY,NC,NH,UT,VT WC 028328286 - NJ, PA WC 028328287-AL,AR,C0,CT,DC,DE,GA,HI,IA,ID,IN,KS,LA,MD,MI,MN,M0,MS,MT,NE,NM,NV,NY,OKOR,RI,SC,SD,TN,TX,WV URS Corporation WC 028328288- CA WC 028328289- FL WC 028328290-MA4ND,OH,WA,WI,WY WC 028328291 -AL,AR,CO,CT,DC,DE,GA HI,IA,ID,IN,KS,LA,MD,MI,MN,MO,MS,MT,NE,NM,NV,NY,OK OR,RI,SC,SD,TN,TX,WV WC 028328292 - IL,KY,NC,NH,UT,VT WC 028328293 - NJ,PA WC 028328294-AK,AZ,VA WC 028328295 - ME ACORD 101 Miscellaneous Attachment: M503712 Master ID: 1389302, Certificate ID: 13502646 Kari Olson From: Pieter Smeenk [smeenkp@ashland. or.us] Sent: Wednesday, June 03, 2015 6:36 PM To: 'Kari Olson' Cc: 'Scott Fleury' Subject: Request for clarification Attachments: URS_FuHy Executed w-Attach.pdf; RFP Part 12 FERC Hosler Dam 11 19 2012 pdf The FERC requires that a specialized independent engineer qualified to analyze arch dams perform a Dam Safety Inspection every 5 years, and Steve Samuelson was selected through the attached competitive QBS RFP process in 2013. He made recommendations in his inspection, 2 of which required additional engineering services. Since he is presently most familiar with the current condition of the dam and what needs to be done, we proposed to hire him to implement two of those recommendations, which are both now effectively required by FERC: 1. A kinematic rock block analysis. 2. An Investigation of the erosivity of the left abutment. The first item was handled with a contract amendment, but the second item was too large to handle that way. If we put out another RFP to do that investigation, URS would have such an advantage, they would likely win it, but it would end up costing at least several thousand dollars more and take 3 months longer. The City puts out a competitive Dam Safety Inspection RFP every five years, and FERC only allows any given independent engineer to get 2 of those in a row before they become ineligible to get any more for that dam, so there is a built-in incentive that promotes competitiveness. Hope this is what you were asking for. -Pieter 1 R'QUEST FOR PROPOSALS FERC Part 12 Safety Inspection Report for Hosler Dam PROJECT NO: 2012-27 PROJECT TYPE: Engineering Services PROPOSAL OPENING DATE: 1:30 PM, December 20, 2012 CITY PROJECT MANAGER Rob Morris PROJECT DURATION 24 month maximums ~r CITY OF ASHLAND PUBLIC WORKS ENGINEERING 20 E. MAIN STREET, ASHLAND OR 97520 j 541/488-5347 I TABLE OF CONTENTS 1 Table of Contents Advertisement Proposal Registration 4 Request for Proposals 1.1.1 Summary Overview 5 1.1.2 Background 5 1.1.3 Definitions 6 1.1.4 Contract Form . 6 Contract Duration . . 7 Contract Payment . 7 DBE Participation 7 Ashland Living Wage Requirement 7 1.1.5 Business License Requirements 7 1.1.6 Insurance Requirements 7 1.2 Questions & Clarifications 8 1.2.1 Proposer Questions 1.3 Protests 1.3.1 Award Protest Requirements 9 1.3.2 Specification Protest Process 9 1.3.3 Costs & Damages . 9 1.4 "Pass/Fail" Proposal Submission Requirements 1.4.1 Proposal Submission Deadline 10 10 1.4.2 Terms & Conditions . 1.4.3 Proprietary Information . . . 10 1.4.4 Laws and Regulations 10 1,5 "Required" Proposal Submission Items 1,5.1 Cover Sheet 11 1.5.2 Page Length Limitation 11 11 1.5.3 Quantity of Proposals . 1.5.4 Mi►v►murn Proposal Contents . 11 Evaluation Process & Consultant Selection 2.1 Evaluation Process 2.1 .I Proposal Evaluation 13 2.1.2 hiterviews / Follow-Up Questions 13 2.1.3 References 14 2.1.4 Clarifications 14 2.2 Scoring Criteria 14 2.2.1 Technical Competence 2.2.2 Specialized Experience and Capabilities . 14 2.2.3 Resources and Past Performance , 15 2.2.4 Ownership, Availability and Fain itiaritywith Locale 15 2.2.5 Project Management Teelmiques 15 2.3 Award Process 2.3.1 Negotiations 1 2.3.2 Failure to Execute Contract 16 2.3.3 Notice of Intent to Award . 16 16 2.3.4 Evaluation Record 2.35 5 Right to Protest . 17 2.3,6 Award 17 44 Stolle of Services Ii 3.1 General Responsibilities G:1pub-wrks1eng112-27 FERC Part 121nspladmIRFPIDRAFT_2012-11-06_Dam Safety Inspection RFP.docx Page 1 of 22 f Page 1 / 1 CITY OFr,. . -ASH LAND DATE PO NUMBER 20 E MAIN ST. 6/2/2015 12899 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 016631 SHIP TO: Ashland Public Works URS ENERGY & CONSTRUCTION, INC (541) 488-5587 10900 NE 8TH STREET SUITE 500 51 WINBURN WAY BELLEVUE, WA 98004 ASHLAND, OR 97520 FOB Point: Ashland, Oregon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Pieter Smeenk Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Left Abutment ErodabilityAnalysis 50,381.00 Contract for Personal Services Beqinninq date: 03/30/2015 Completion date: 12/31/2015 SUBTOTAL 50 381.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 50,381.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.38.00.60410 E 201503.999 9,219.72 E 690.11.15.00.60240 E 201503.999 41 161.28 Authorized Signature VENDOR COPY CITY OF ASHLAND April 27, 2015 ATTN: Kari Olson RE: AECOM / URS ENERGY & CONSTRUCTION, INC. HOSLER DAM LEFT ABUTMENT ERODABILITY ANALYSIS Please find enclosed a fully executed copy of the Personal Services contract, Requisition, and Form #4 for the above referenced contractor. Let me know if you have any additional questions. Thanks, Whitney Dennis Administrative Assistant City of Ashland, Public Works Department 51 Winburn Way, Ashland, OR 97520 (541) 552-2427 dennisw(a).ashland. or.us PUBLIC WORKS/ENGINEERING DIV. Tel: 541-488-5347 VA 20 East Main Street Fax: 541-488-6006 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us FORM #3 C I T Y OF AS HLAN REQUISITION Date of request: ~ Required date for delivery: x Vendor Name ~s Address, City, State, Zip`s"a, Contact Name & Telephone Number Fax Number s m I p SOURCING METHOD X, Exempt from Competitive Bidding Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization 191 AMC 2.50 a Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached -ET Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract ❑ Verbai(Written uote 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 Saecial Procurement Intergovernmental Agreement $5,000 to $75,000 El Form #9, Request for Approval El Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date}_ ❑ Form #4, Personal Services $5K to $75K Valid .until: Date Description of SERVICES Total Cost Item # Quantity Unit Description of MATERIALS Unit Price Total Cost -TOTAL COST Per attached quotelproposal $ Project Number Account Number Account Number(" A Account Number 2, -H i0 rSD 'Expenditure must be charged to the appropriate acc unt numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: Dir ctor Date Support -Yes No By signing this regjrisrn formm,4erfify ththe City's public contracting requirements have. been satis,.IT 7 l - -21r) Employee: r 4 Department Head: " (Equal.to or greater than $5,000) Department ManagerlSuperviso . City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year. YES / NO Finance Director- (Equal to orgreaterthan $5,000) Date Form #3 - Requisition CITY OF ASHLAND FORM #4 DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Michael R. Faught-Director of Public Works Date: 3-23-2015 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The Department of Public Works intends to contract with the private consultant Steve Samuelson of. AECOMfor project number 2015-03. The scope of services requires high level structural and geotechnical engineering knowledge normally available from only a small pool of very specialized dam consultants. The preferred consultant has been pre-approved by the FERC for a recent FERC required study, and is very familiar° with the conditions and requirements of our particular dam. The services are expected to be provided in FY2015and FY201 6 with a not to exceed budget amount of S50,381. 81.7% of the services are to be paid out of the Electric Supply Budget, and 18.3% are to be paid out of the Water Supply budget, per mutual agreement by departments. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The City ofAshland Engineering Division does not have the adequate staff time or appropriate resources to provide the scope of service contemplated under this contract. In addition, no other Department in the City has the resources or technical knowledge to complete the work associated with this personal services contract. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 5/27/2015