HomeMy WebLinkAbout2016-118 IGA - RVCOG - Safe Drinking Water
INTERGOVERNMENTAL AGREEMENT
between
CITY OF ASHLAND and
ROGUE VALLEY COUNCIL OF GOVERNMENTS
THIS AGREEMENT is entered into by and between ASHLAND, a political
subdivision of the State of Oregon (hereinafter "CITY"), and ROGUE VALLEY COUNCIL
OF GOVERNMENTS, a voluntary intergovernmental association, (hereinafter "RVCOG").
WHEREAS CITY is the recipient of a Safe Drinking Water Revolving Loan Fund
for their New 2.5 MG Water Treatment Plant, Project. No. S16021.
WHEREAS, RVCOG is a voluntary association of local governments serving Jackson
and Josephine Counties, Oregon; and
WHEREAS, CITY is a member agency of the RVCOG; and
WHEREAS, RVCOG is qualified, experienced, and able to provide professional
labor standards and compliance services; and
WHEREAS, the purpose of this agreement is to make provisions for RVCOG to perform
project management services for the CITY and to provide for cost reimbursement.
NOW, THEREFORE, in consideration of the mutual promises, terms, and
conditions set forth herein, the parties agree as follows:
1. SOURCE OF FUNDS:
Work under this contract is funded by the federal Safe Drinking Water Revolving Loan
Fund through the Oregon Business Development Department and a partnership of Local and/or
Private Funds.
2. TIME OF PERFORMANCE
This Agreement shall commence upon the signing of the Agreement by all parties below,
and shall continue until such time as CITY receives notification from the State of Oregon that the
Project has been completed and closed out.
3. CONTRACT OVERSIGHT
Scott Fluery, Engineering Service Manager, shall oversee and approve services and
payment for services.
4. DUTIES AND RESPONSIBILITIES OF CITY
Pursuant to the terms, conditions and requirements of the Save Drinking Water
Revolving Loan Fund No. S 14005 122-06, the CITY shall be responsible for performing the
following:
4.1 Serve as recipient's official point of contact with the Infrastructure Finance
Authority.
4.2 Oversee compliance with program requirements.
Intergovernmental Agreement for New 2.5 MG Water Treatment Plant, No. S 16021
4.3 CITY shall administratively assist RVCOG in accomplishing the tasks identified
under Duties and Responsibilities of RVCOG; maintaining regular communication with
RVCOG; helping to resolve differences that may arise between the PARTIES; and providing
background information and technical support as necessary to accomplish any task assigned.
5. DUTIES AND RESPONSIBILITIES OF RVCOG: RVCOG shall be
responsible for performing the following:
5.1 Serve as central contact for local, state, and federal people involved in the project.
5.2 Attend and report on pre-construction conference.
5.3 Ensure recipient meets all conditions of the IFA contract.
5.4 Monitor project progress against contract scope of work and budget and report
progress to CITY and the state.
5.5 Review contracts to ensure compliance with federal requirements.
5.6 Ensure state review of all project-related contracts.
5.7 Prepare contract amendments or requests to state for contract amendments, when
needed.
5.8 Ensure that all Contractor/Subcontractor Agreements are in place.
a. Ensure that all contractors are registered with the Oregon Construction
Contractors Board (CCB).
b. Verify general (prime) contractor eligibility. Get verification from
prime contractor that all subcontractors are eligible.
c. Submit documentation to IFA.
5.9 Ensure that City and prime contractor implement the good faith efforts for
solicitation and contracting.
a. Submit documentation to IFA.
5.10 Assist the CITY in ensuring that Buy American standards are met.
5.11 Ensuring Federal Labor Standards compliance
a. Check and review weekly payrolls for compliance; provide evidence that
payrolls were checked against applicable wage rates.
b. If applicable, submit "Request for Wage Determination and Response to
Request"
c. Submits payrolls for review to IFA.
d. Conduct Employee Interviews.
5.12 Assist CITY with IFA Disbursement Requests.
a. Submit to IFA.
5.13 Assist CITY with closeout documents.
5.14 Assist CITY with additional related tasks upon request.
6. AMENDMENTS AND TERMINATION
6.1 This document constitutes the entire agreement between the PARTIES and no
other agreement exists between them, either stated or implied. Any amendments or changes to
the provisions of this agreement shall be reduced to writing and signed by both PARTIES.
6.2 Either party may cancel this agreement at any time with or without cause by
giving thirty (30) days notice in writing and delivered in person or by certified mail to the other
party.
Intergovernmental Agreement for New 2.5 MG Water Treatment Plant, No. S 16021
6.3 If any contemplated funding from federal, state, or other sources is not obtained
or continued at levels sufficient to allow for full performance herein, this Agreement may be
modified or terminated to accommodate such reduction in funds.
6.4 Such termination shall be without prejudice to any claims, obligations, or
liabilities either party may have incurred prior to such termination.
7. PAYMENTS
7.1 RVCOG will invoice CITY on a monthly basis. CITY shall reimburse RVCOG
within 30 days of receipt of invoice.
7.2 CITY will reimburse RVCOG for expenditures incurred on a monthly basis as
requested after receipt of dated and signed requests
7.3 CITY will reimburse RVCOG for professional hourly Project Management
services performed for CITY by RVCOG employee. Total amount of reimbursement is not to
exceed $40,000.00. Included in this amount are supplies and materials, travel cost and related
expenses.
8. INDEMNIFICATION
8.1 Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS
30.260- 300, the Oregon Constitution, Article XI, Section 7 and the terms of any applicable
policies of insurance, the parties agree to save, hold harmless and indemnify each other,
including their officers, agents and employees, from any loss, damage, injury, claim, or demand
by a third party against either party to this agreement arising from the activities of the other party
in connection with this Agreement. Neither party shall be liable for any loss, damage, injury,
claim nor demand against each other arising from their respective activities in connection with
this agreement, except as otherwise expressly set forth herein.
8.2 RVCOG shall comply with all applicable laws, ordinances and codes of the
federal, state and local governments in its performance under this Agreement.
8.3 RVCOG, its subcontractors, if any, and all employees providing work, labor or
materials under this agreement are subject employees under the Oregon Workers= Compensation
law and shall comply with ORS 656.017 which requires them to provide Workers=
Compensation coverage for all their employees. If RVCOG performs the work without
assistance of any employees, it need not obtain such coverage.
9. INDEPENDENT CONTRACTOR
RVCOG is an independent contractor under this Agreement, and neither RVCOG, its
subcontractors, nor its employees, are employees of CITY. RVCOG is responsible for all
federal, state and local taxes and fees applicable to payments for services of its employees under
this agreement.
10. ASSIGNMENT AND SUBCONTRACTS
RVCOG shall not assign this contract or subcontract any portion of the work without the
CITY's prior written consent which shall not be unreasonably withheld. Any attempted
assignment or subcontract without CITY=s written consent shall be void. RVCOG shall be fully
responsible for the acts or omissions or any of the assigns or subcontractors and of all persons
Intergovernmental Agreement for New 2.5 MG Water Treatment Plant, No. S16021
employed by them. The approval by CITY of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and CITY.
11. LIMITATIONS
This agreement in no way restricts RVCOG or CITY from participating in similar
agreements with other public or private agencies, organizations, or individuals with regard to any
aspect of this agreement, so long as the same do not unreasonably interfere with RVCOG's or
CITY's performance herein.
12. CONFIDENTIALITY - NON-DISCLOSURE
Subject to the Oregon Public Records Law, ORS 192.410-192.505, no report,
information, or other data given to or prepared or assembled by the RVCOG pursuant to this
Agreement which the CITY has requested be kept confidential, shall be made available to any
individual or organization by RVCOG without the prior written approval of CITY.
13. REQUIRED ACKNOWLEDGEMENTS
13.1 Conflict of Interest of Members, Officers, or Employees of the Loan Recipient,
Members of Local Governing Body, or other Public Officials:
No member, officer, or employee of the CITY recipient of Safe Drinking Water
Revolving Loan, Project No. S 14005 122-06, or its designees or agents, no member of the
governing body of the locality in which the project is situated, and no public official of such
locality or localities who exercises any functions or responsibilities with respect to the project
during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in
and contract of subcontract, or the proceeds thereof, for work to be performed in connection with
the project assisted under Oregon Safe Drinking Water Revolving Loan.
13.2 Prohibition on the Use of Federal Funds for Lobbying: "Certification Regarding
Lobbying" signed by RVCOG is attached as Exhibit 1, and incorporated herein by this reference.
14. REPORTS AND RECORDS
All work produced by RVCOG while working for the CITY shall be the exclusive
property of the CITY provided that RVCOG may obtain a copy of any public record information
by paying for the reproduction costs thereof.
15. SAFE DRINKING WATER REVOLVING LOAN FUND REQUIRMENTS
15.1 Whistleblowers - "Contractor receiving SDWRLF funds shall under or through
this contract to, post notice of the rights and remedies provided to whistleblowers under No Fear
Act Pub. L. 107-174. 29 CFR § 1614.703 (d)."
15.2 Non Discrimination - "The contractor shall not discriminate on the basis of race,
color, national origin or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded
under EPA financial assistance agreements. Failure by the contractor to carry out these
Intergovernmental Agreement for New 2.5 MG Water Treatment Plant, No. S 16021
requirements is a material breach of this contract which may result in the termination of this
contract or other legally available remedies."
15.3 Termination for Cause and for Convenience & Breach of Contract RVCOG
shall address termination for cause and for convenience, including the manner by which it will be
effected and the basis for settlement. In addition, RVCOG shall address administrative,
contractual, or legal remedies in instances where contractors violate or breach contract terms,
and provide for such sanctions and penalties as appropriate.
15.4 Intellectual Property "Contractor hereby grants to the U.S. E.P.A. a royalty-free,
nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use, for federal government purposes, any intellectual property developed under this
contract. Contractor shall secure from third parties the same license in the name of the U.S.
E.P.A. regarding any intellectual property developed by third parties as subcontractors to
perform this project, or developed under contract with the Contractor specifically to enable
Contractor's obligations related to this project."
15.5 Inspections; Information RVCOG shall permit, and cause its subcontractors to
all City of Ashland, the State of Oregon, the federal government and any party designated by
them to:
(1) Examine, visit and inspect, at any and all reasonable times, the property, if any
constituting the Project.
(2) Inspect and make copies of any account, books and records, including, without
limitation, its records regarding receipts, disbursement, contracts, and any other
matters relating to the Project, and to its financial standing, and shall supply such
reports and information as reasonably requested.
(3) Interview any officer or employee of the Contractor, or its subcontractors, regarding
the Project.
RVCOG shall retain all records related to the Project for three years after final payments
are made and any pending matters are closed.
15.6 Environmental and Natural Resource Laws "Contractor shall comply with all
applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42
U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738,
and Environmental Protection Agency regulations (40 CFR part 15).
15.7 Procurement of Recovered Materials "Contractor must comply with section
6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery
Act, including procurement of recovered materials in a manner designated in guidelines of the W
ection Agenc at 40 CFR art 247." 0
Envii onmental Pi of b y (EPA) p ur
c3
IN WITNESS WHEREOF, RVCOG AND CITY have caused this agreement to be W
executed by their authorized representatives as of the date of the last signature affixed below: 0 i
PARTIES TO THE AGREEMENT
C3
h lAf /it ~c
Michael Cavallaro Date e Kanner Date
Executive Director, RVCOG City Administrator
Intergovernmental Agreement for New 2.5 MG Water Treatment Plant, No. S 16021
Exhibit 1
CERTIFICATION REGARDING LOBBYING
(Contracts in excess of $100,000)
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Forth to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
Signed
Title
~C~• ~-t
Date 60q/t A
Intergovernmental Agreement for New 2.5 M G Water Treatment Plant, No. S 16021
Purchase Order
I~ Fiscal Year 2017 Page: 1 of: 1
MUST [171Q 477 EL
B City of Ashland
L ATTN: Accounts Payable Purchase
L 20 E. Main Order # 482
Ashland, OR 97520
T Phone: 541/552-2010
O Email: payable@ashland.or.us
V RVCOG H C/O Engineering Division
E ATTN: ACCOUNTING 1 51 Winburn Way
N PO BOX 3275 P Ashland, OR 97520
D CENTRAL POINT, OR 97502 Phone: 541/488-5347
O T Fax: 541/488-6006
R O
Ven QrPfl ne l umber _ 1_6_ _WFaxN_Mm_b r _ 01 GM - -
541 664-6674 Scott Fleur
DA0Srr. er-e~l~ndot lum~~r_ aee~~r_
01/03/2017 145 FOB ASHLAND OR City Accounts Payable
_It MW - n - i-a
Labor Standards Review
1 Labor Standards and Compliance Review 1 $40,000.0000 $40,000.00
for New 2.5 MG Water Treatment Plant
Intergovernmental Agreement between COA and RVCOG
Beginning date: 06/14/2016
Completion date: Open until completed
GL SUMMARY
081900 - 704200 $40,000.00
I
i ~
By: „Date:
Au hbrized Signature - $40 000.00
f!'OPUM # CITY
ASHLAND
REQUISITION Date of request:
Required date for delivery:
Vendor Name
Address, City, State, Zip- ~a
41-
Contact Name & Telephone Number
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 #
❑ 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 ❑ Form #9, Request for Approval Agency
F1 Less than $35,000, by direct appointment El 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 - (Attach copy of council communication)
Description of SERVICES Total Cost
'401 00c)
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quote/proposal $
-
Project Number Account Number
Account NumberiW~ - _ • - _ 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 Direct r 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 (Equa "or greater than $5,000)
Department ManagerlSupervisorCity Administrator: -b
' (Equal fo or greater than $25,000)
3
e r
Funds appropriated for current fiscal year: YES-/ NO 'LL
rnance Director (Equal to orgreaterthan $5,000) Date
Comments:
Form #3 - Requisition
CITY F
ASHLAND
Council Communication
June 7, 2016 Regular Business Meeting
2.5 MGD Water Treatment Plant Infrastructure Financing Authority Loan
Authorization Resolution
FROM:
Scott A. Fleury, Engineering Services Manager, Public Works/Engineering fleurys@ashland.or.us
SUMMARY
Before the Council is a new resolution which will authorize a loan with the Infrastructure Financing
Authority (IFA) for engineering and construction of a new 2.5 million gallon a day (MGD) water
treatment plant. The terms of the loan include $14,811,865 in principal, $1,030,000 in loan forgiveness
and an interest rate of 1.79% for thirty years. If approved Public Works will begin moving forward
with solicitation of engineering services for development of construction documents for the new water
treatment plant and Crowson II reservoir.
BACKGROUND AND POLICY IMPLICATIONS:
April 17, 2012 the Council adopted the Comprehensive Water Master Plan developed by Carollo
Engineers. As part of this plan that was vetted and recommended by the Ashland Water Advisory
Committee (AWAC) included design and construction of two significant capital improvement projects.
These two projects are a new 2.5 MGD water treatment plant to meet future peak capacity deficiencies
and improve system resiliency along with construction of a new 2.6 MG storage tank, commonly
referred to as Crowson II.
The funding strategy developed in the master plan outlined rate increases to generate an ability to fund
operations and debt service payments for anticipated capital projects and lifecycle replacement
projects. The City submitted a loan application to the IFA for $14,811,865 in order to fund design and
construction of the new water treatment plant. The IFA board and subsequently the Drinking Water
Advisory Committee approved the application. This is the single largest funding amount ever approved
by IFA.
In addition to the borrowing resolution staff is presenting and Intergovernmental Agreement (IGA)
between the City and Rogue Valley Council of Governments (RVCOG). The IGA details the project
management services RVCOG will perform in relation to labor standard and compliance review for the
construction phases of the project. This is critical to ensure compliance of all requirements for IFA
funding are met throughout the project. The City has successfully used RVCOG to ensure compliance
is/will be met on its current projects funded by the IFA.
Projects completed since adoption of the 2012 Comprehensive Water Master Plan:
1. East and West Fork Sediment Removal (7,000 yards)-another round of removal planned for
summer of 2016
Page 1 of 3
~r
CITY F
ASHLAND
2. Emergency TAP pipeline and temporary pump station. Permanent pump station to be complete
by July of 2016
3. Park Estates pump station and Loop Rd. reservoir improvements
4. Terrace St. pump station safety improvements
5. Dam Security and Telemetry Improvements
6. Dam Structural Stability Analysis
7. Left Abutment Erosivity Study
8. Dam Safety Inspection
9. High Capacity Well Testing
10. Chlorine Disinfection Analysis and Improvements
11. Water Treatment Plant Security Upgrades
12. Telemetry Station at Water Warehouse
13. Engineering of Ivy/Morton waterline upgrade
14. Engineering of pipeline life cycle replacements
15. Water Cost of Service Study
COUNCIL GOALS SUPPORTED:
N/A
FISCAL IMPLICATIONS:
The resolution authorizing the loan for $14,880,865 only accounts for engineering and construction of
the water treatment plant. Public Works staff has been working closely on funding for the Crowson 11
storage tank. Funding options for this portion of the whole project include using the special public
works fund or general obligation bonds. Interest rates for these funding mechanisms are around 3.5%.
Timing of a funding request for Crowson II is critical, as a three year construction window is
developed for these two funding sources with the requirement that 85% of the proceeds be spent within
that window to avoid penalties.
The IGA with RVCOG for $40,000 is directly reimbursable as a project cost associated with the IFA
loan. The IGA will ensure compliance for labor standard and buy American documentation as part of
the construction project.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approving the resolution authorizing the additional borrowing from the IFA and
approving the IGA with RVCOG.
SUGGESTED MOTION:
Move to approve a resolution titled " A RESOLUTION AUTHORIZING A LOAN FROM THE SAFE
DRINKING WATER REVOLVING LOAN FUND BY ENTERING INTO A FINANCING
CONTRACT WITH THE OREGON INFRASTRUCTURE FINANCE AUTHORITY".
Move to approve an Intergovernmental Agreement with the Rogue Valley Council of Governments for
professional labor and compliance standard reviews.
ATTACHMENTS:
Page 2 of 3
e
CITY
ASHLAND
1. IFA Borrowing Resolution
2. RVCOG IGA
Page 3 of 3
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