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HomeMy WebLinkAbout2016-052 Contract - RH2 Engineering ~~i?ir►nl I h.l , ILA Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: RI-12 Engineering, Inc. -A5 H LA N D CONTACT: Jeff Ballard, P.E. 20 East Main Street Ashland, Oregon 97520 ADDRESS: 22922 291h SE Ste. 210 Telephone: 541/488-6002 Bothell WA 98021 Fax: 541/488-5311 TELEPHONE: 425-951-5400 541-664-5233 DATE AGREEMENT PREPARED: February 11, 2016 FAX: 425-951-5401 BEGINNING DATE: February 11, 2016 COMPLETION DATE: December 31, 2016 COMPENSATION: (NTE) $24,339.00 SERVICES TO BE PROVIDED: Lithia Water Analyses per the attached Scope of Work (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 injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature to the extent the harm caused arises aFising out of or-~iderit to the negligent acts, or errors, or omissions in 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, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused b the negligence of City. Contract for Personal Services, Revised 06/02/2015, Page 1 of 5 r.l;F N') ~2 OFIC PAGES 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: L 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 j 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 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 Liabilitv 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. Contract for Personal Services, Revised 06/0212015, Page 2 of 5 i 2 3 ''r 1 0 PAGES 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 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. 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. onsultant: City of Ashland B y _,-0, zlzi) ~_A~ By 0 ~ . - Signature Department Head Print Name Print Name -a. bas Cp Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. AP V D AS ORM Asa ttomey Date ' - I Lo Contract for Personal Services, Revised 06/02/2015, Page 3 of 5 ^I\ ~r Ain, r) C7 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 hkjhest-prefessierial local 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: X (1) 1 cant' 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. X (2) Commercial advertising or business cards or a trade association membership are purchased for the business. X (3) Telephone listing is used for the business separate from the personal residence listing. X (4) Labor or services are performed only pursuant to written contracts. X (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 06/02/2015, Page 4 of 5 OIL- ORIGINAL.--; PAGE NO--OF tb PAGES CITY • ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE • - per hour effective June 30, 2015 (Increases annually every June 30 by the ~r 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 projector the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ 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 empor loyee's more of time in the that month ➢ In calculating the living wage, Municipal Code Section emp employers may add the value 3.12.020. working on a project or of health care, retirement, additional For 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. C I T Y OF -ASHLAND Contract for Personal Services, Revised 06/02/2015, Page 5 of 5 ORIGINAL o2 -PAGE NO OF [C PAGES Exhibit C Scope of Work City of Ashland Lithia Water Analyses February 2016 Background RH2 Engineering, Inc., (RH2) has been requested by the City of Ashland (City) to analyze and provide assistance in the categorizing of the Lithia Water (Lithia) supply. The City has long supplied a "novelty" water at several locations throughout the town which is available to the public through drinking fountains and taps. This water has a unique mineral composition, which in the late 1880's was considered to be valuable for its health and wellness benefits. Lithia is piped from the South end of town to the center of town which contains a fountain with historic information regarding the genesis of the water. There are three fountains in town where the water is available for the public to taste; one at the Council Chambers, a fountain on the Plaza, and another in Lithia Park. With recent water quality testing, the actual safety of this water for consumption has come into question by the City. While the specific classification of the water has been brought forward to the Department of Health (DOH), there has not been confirmation on whether the water has to meet state drinking water standards. Our team (RH2 and Black & Veatch) proposes to review existing laboratory test results from samples collected and make recommendations on the safety based on drinking water standards. Our team will also work with the City to clarify the classification of the water with DOH. We will consider options of treating the water to remove harmful contaminants as listed by the Environmental Protection Agency (EPA) and World Health Organization (WHO). Findings will be presented in a Technical Memorandum to the City. Due to the historical nature of the data and the level of input from regulatory agencies, our team will rely on the data, information, and materials provided by the City and others in relation to the work. The City, at that point, will need to decide how to address issues with the Lithia water and move forward. If further options are considered, RH2 and the Cit\= will negotiate ongoing tasks outside of this Scope of Work. RH2 Tasks and Deliverables: Task No. 1- Data Collection and Analyses Objective: Review water quality data from the City. Black & Veatch will subcontract to perform analysis of the collected data. 1.1 Analyze available data provided by City to identify data trends and constituents which exceed regulatory or recommended safe levels. Present further testing recommendations, if necessary. 1.2 Identify health risks associated with the contaminants of concern. Provided by City: • Historical water quality data and collection records for the water. • Photos of the existing well site and documentation of the corrosive nature of the supply on equipment. 1 2/16/2016 4:39:52 P\1 Z:ABothcllVData\COA\S40\1.ithta Watcr Analy-APS:A AGREE SOW Lithia \k"atcr Anakscs 2016o206.docx 006- PIGINAL___ PAGE NO_]_OF fC`PAGES City of Ashland Exhibit C Lithia Water Analyses Scope of Work Task 2 - Regulatory Classification Clarification Objective: Research the Department of Health approach to the Lithia Water supply. Determine if the source is considered regulated or non-regulated. 2.1 Correspond with the DOH to classify and define the category of water supply. Provided by City: • Past correspondence regarding the regulation of the Lithia Water. Task 3 - Recommendations for Treatment Options Objective: Recommend alternatives for treatment options to bring the water within EPA Standards. Black & Veatch will investigate treatment options and make recommendations. 3.1 Review treatment options per current drinking water standards. 3.2 Identify treatments to remove contaminants from the existing source and describe changes in water composition. 3.3 Prepare an order of magnitude cost estimate for up to three (3) treatment options (RACE Estimate Class 5). Provided by City: • Photos of the existing well site and documentation of the corrosive nature of the supply on equipment. Deliverables: • Deliver one (1) order of magnitude cost estimate in PDF electronic format, and in hard copy, (8 '/2 by 11-inch format). Task 4 - Final Findings and Presentation Objective: Compile research in a technical memorandum supplying the City with information to base a sound decision on regarding the handling of the Lithia Water. The final technical memorandum will include recommendations and findings compiled from RH2 and Black & Veatch. 4.1 Prepare draft technical memorandum and submit to the City for review and comment. 4.2 Attend one (1) meeting with City staff to discuss the research and potential outcomes. 4.3 Address additions or clarifications requested by the City and finalize the technical memorandum. Deliverables: • Deliver one (1) draft and one (1) final technical memorandum in PDF electronic format, and in hard copy, (8 '/z by I 1-inch format). 2 2/16/16 4:39 PN1 %:ABothell\llata\C0A\S30\1Jthia Witcr Analyses\PS:A AGREE SCM' Lithia Water Analcscs 20161120e.does 006- . ORIGINAL ~ PAGE NO ~ I(' PAGES City of Ashland Exhibit C Lithia Water Analyses Scope of Work Schedule and Fee for Services Research and development of the report are currently estimated to take approximately one (1) month after contract execution. The fee for services shall be on a time-and-expense basis in accordance with the Professional Services Agreement for Less than $35,000. The fee for services shall not exceed $24,339 (as shown on attached Exhibit B, Estimate of Time and Expense) without prior written authorization of City. 3 2/16/16 4:39 P\1 Z:ABodicll\DataAc0r\\S40\Lithia Water Anakses-\PSA AGREL SOW Lithia Water Anakses 20160209.ducs ORIGINAL PAGE NO Ct OF 16 PAGES City of Ashland Lithia Water Analyses Fee Estimate Description Total Total Labor Total Subconsultant Total Cost Hours _ _..W._...-., _ Classification Task 1 Data Collection and Analyses 3 $ 512 $ 7,675 $ 8,219 1.1 Analyze data rovided by City 2 $ 318 $ 7,675 $ 8,0201 1.2 Identify health risks associated with contaminants -i-1 _ $ 194 $ - $ 199 Task 2 Regulatory Classification Clarification 6 $ 954 $ $ 978 2.1 Correspond with Department of Health (DOH) to classify category of water supply, 1. 6___] $ 954 $ $ 978 Task 3 Final Findings and Presentations 2 $ 318 $ 7,675 $ 8,001 t 3.1 Review treatment options for drinking water standard 1 $ 159 $ 7,675 1 $ 7,838 j 3.2 Identify treatments for contaminant removal $ $ - 3.3 Prepare order of magnitude cost estimate for three (3) options. 1 $ 159 $ $ 163 Task 4 Final Findings and Presentation 17 $ 2,268 $ 4,707 $ 7,141 4.1 Prepare draft technical memorandum I 10 $ 1,300 $ 4,707 $ 6,075 4.2 Attend one (1) meeting with staff to discuss technical memorandum 2 $ - 318 $ - $ 364 - - - - 4.3 Address additions or clarifications to the technical memorandurn and prepare final 5 $ 650 $ 5 702 E PROJECT TOTAL 28 $ 4,052 $ 20,057 24,339 2.18otheV,DatMC0A%S4Mjdva Water AnalysesTSA FEE Lithia Water Analyses 20160126.)dsm 2WO16 5 38 PM ORIGINAL o~ PAGE NO l(: OF L' PAGES RH2 ENGINEERING, INC. 2016 SCHEDULE OF RATES AND CHARGES RATE LIST RATE UNIT Professional 1 $123 $/hr Professional II $133 $/hr Professional III $138 $/hr Professional IV $150 $/hr Professional V $159 $/hr Professional VI $170 $/hr Professional VII $183 $/hr Professional VIII $194 $/hr Professional IX $194 $/hr Technician 1 $73 $/hr Technician II $80 $/hr Technician III $82 $/hr Technician IV $89 $/hr Administrative 1 $57 $/hr Administrative II $69 $/hr Administrative III $85 $/hr Administrative IV $101 $/hr Administrative V $122 $/hr CAD/GIS System $27.50 $/hr CAD Plots - Half Size $2.50 price per plot CAD Plots - Full Size $10.00 price per plot CAD Plots - Large $25.00 price per plot Copies (bw) 8.5" X 11" $0.09 price per copy Copies (bw) 8.S" X 14" $0.14 price per copy Copies (bw) 11" X 17" $0.20 price per copy Copies (color) 8.5" X 11" $0.90 price per copy Copies (color) 8.5" X 14" $1.20 price per copy Copies (color) 11" X 17" $2.00 price per copy Technology Charge 2.50% % of Direct Labor price per mile Mileage $0.540 (or Current IRS Rate) Subconsultants 15% Cost + Outside Services at cost 2/8M162:53 P:N Page 1 1 1 C I T Y OF ASHLAND DATE PO NUMBER 20 E MAIN ST. 2/26/2016 13407 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 018543 SHIP TO: Ashland Public Works RH2 ENGINEERING, INC (541) 488-5587 22722 29TH DRIVE SE 51 WINBURN WAY SUITE 210 ASHLAND, OR 97520 BOTHELL, WA 98021 FOB Point: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Scott Fleury Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price Lithia Water Analysis 24,339.00 Contract for Personal Services Beqinninq date- February 11, 2016 Completion date- December 31, 2016 SUBTOTAL 24 339.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 24,339.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.18.00.60410 24 339.00 Authori d Signature VENDOR COPY till- FORM #3 CITY OF _ ASHLAND REQUISITION Date of request: 2/18/16 Required date for delivery: ASAP Vendor Name RH2 Engineering, Inc. Address, City, State, Zip 22922 29th SE Ste. 210, Bothell, WA 98021 Contact Name & Telephone Number Jeff Ballard, 425-951-5400 Fax Number 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 ❑ Written quote or proposal attached Attach co of council communication _ If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Date approved by Council: ❑ Direct Award Contract # El Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ 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 Intergovernmental Agreement $5,000 to $75,000 ❑ Agency ❑ Form #9, Request for Approval Date original contract approved by Council: R Less than $35,000, by direct appointment ❑ Written quote or proposal attached ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) El Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost Lithia Water Analyses pert the attached Scope of Work (Exhibit C) $24,339.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quotelproposal $ Project Number Account Number___- F 7 Account Number 670 .08 . 1.0• ' _00.604100 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: IT Director Date Support -Yes/ No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Employee: Department Head: a (Equal to or greater than $5,000) Department Manager/Supervisor; City Administrator: (Equal to or greater than $25,000) o~- Funds appropriated for current fiscal year:E5 / NO Finance Director- (Equal to or greatq than $5,000) Date Comments: Form #3 - Requisition CITY OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: 1IlIichael R. Faughl-Director of Public Works Date: 2-25-2016 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. Backjjround The Department of Public Works intent is to contract tivith a private considlani the approl)r•iate ,Scope of services developed for protect number 2016-07-Lilhia Water Analysis. The analysis regrrires specific knoivledge of ivater quality protocols and existing staff sloes not possess this skill set. The work is expected to take place in,fiscal year 2016 ivirh a nor to exceed hrrdget amount of'S23.339. Funding_for this analysis ivill come fi-oln appropriated monies, for professional services in the seater disirihution f tl7d. 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 Cily of Ashlond Engineering Division does not have the adequate sluff tune or appropriate resources to provide the scope of service contemplated under this contract. In addition, no other Department in the Cite has the resources or technical knoivlec~,e to corrrplete the ivork associoted tivith this personal services contract. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 2125/2016