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HomeMy WebLinkAbout2016-316 Contract - CEC Engineering Contract for Personal Services less than $35,000.00 CITY OF CONSULTANT: CEC Engineering -AS H LA N D CONTACT: Tony Bakke 20 East Main Street Ashland, Oregon 97520 ADDRESS: PO Box 1724, Medford, OR 97501 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-779-5268 x231 DATE AGREEMENT PREPARED: 11-28-16 EMAIL: tony@cecengineering.com BEGINNING DATE: December 5, 2016 COMPLETION DATE: March 1, 2017 COMPENSATION: Maximum $24,500 SERVICES TO BE PROVIDED: Consultant to provide flood plain study and associated survey plus 12000 permit application for the Lithia Springs Wetland Mitigation Project, per Exhibit C (proposal) 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 $20,283.20 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 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, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused b the negligence of City. Contract for Personal Services less than $35,000.00, Page 1 of 5 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 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 Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $250,000, $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. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $100,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, Contract for Personal Services less than $35,000.00, Page 2 of 5 including coverage for owned, hired or non-owned vehicles, as applicable. e. - Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. . Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation, 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. ons Rant: City of Ashland By V~V V By Signature Department Hea To v% 6 , k,4,~ ~'i-VCAkArs.( e, ~A~- Print Name Print Name ~J Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services less than $35,000.00, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one ~ year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. 6 ZZ Contracto (Date) Contract for Personal Services less than $35,000.00, Page 4 of 5 CITY • ASHLAND, OREGON EXHIBIT B City of Ashland LIVING per hour effective June 30, 2016 (Increases annually every June 30 by the 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 $20,283.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,283.20 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 50% or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 112.020. 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 less than $35,000.00, Page 5 of 5 R EX s`I o C) C) o CC) v N o 3-- -Z M J \ ~ ~ba CC C14 a V- OV N ~ V 8,21 ai J g~ M d r £ ~ y E U U 0 H U C \ C O O 0 Cs 3u g m~ U • \ C-3 O Q u 2 C gle ~ 1 -40 ^ 4D , v LL 1 ~ N °a o 0 > • N • r 5 E 'iV of j• 9 € i \N ~ ~ m Q b 12 L i H a s i • PN $ C9 ~ $ b e I CL 0 u $ . ~ . N 1{ _ EXH • Ohs T R ~C T I O ENGINEERING r, c0!`T S tI L T A~ INC. P.O. BOX 1724 • MEDFORD, OR 97501 • PH (541) 779-5268 CIVIL ENGINEERING SERVICES PROPOSAL FOR Emigrant Creek Flood Study (City of Ashland Project No. 2016-XX) SUBMITTED TO: CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS Submitted by: Construction Engineering Consultants Inc. (Corporation) Federal Tax ID: 93 1 1 03 509 Tony Bakke, P.E., Vice President 132 West Main Street, Suite 103 Medford, OR 97501 Phone: (541) 779-5268, ext. 231 E tony@cecengineering.com Tony Ba ke, P.E., Vice President Date or I Project Description: • The proposed project consists of Professional Engineering and Surveying services for the Emigrant Creek flood study. The flood study is to be included as part of the Jackson County floodplain development permit application that the City of Ashland will be submitting. The flood study area is approximately 650 feet long adjacent to the wetland remediation area, see attached map. In addition to the flood study work, CEC will aid in obtaining the required DEQ 1200C permit. Anticipated Scope of Work: 1. Topographic Survey (Sub-consultant): Survey scope of work: Provide creek cross-sections and LIDAR topographic mapping for HEC-RAS hydraulic modeling. 2. Site Background Drawing: Obtain and review topographic survey. Generate site CAD background drawing for use in Flood Study Report. 3. Hydraulic Calculations: Conduct hydraulic calculations to generate 100 year storm flows. 4. Hydraulic Model with HEC-RAS: Generate HEC-RAS hydraulic model to establish BFE. 5. Flood Study Report: Generate flood study report for submittal with the Floodplain Permit Application. 6. DEQ 12000 Permit Submit permit application to DEQ with all necessary information to obtain the DEQ 12000 permit. Erosion control inspections not included. (Permit fee to be paid by City of Ashland) Professional Services Civil Engineering Flood Study Work: (CEC) ........................$14,500.00 DEQ 12000 Permit Application: (CEC) ...............................$2,000.00 Survey: (Polaris Land Surveying) .......................................$6,000.00 Anticipated Cost of Services: $22,500.00 Recommended Budget amount for Professional Services (+/-5%):...$24,000.00 Construction Engineering Consultants, Inc. Service Fee Schedule: Principal - $125/hour Professional Engineer - $110/hour Project Designer - $95/hour Engineering Tech - $85/hour CAD Tech - $75/hour Inspector - $75/hour l ® DATE (MMDD/YYYY) ACRo CERTIFICATE OF LIABILITY INSURANCE 11/28/2016 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 NAME: Susan Wilson, AAI, AIC Brown & Brown Northwest No. . (541) 772-1111 A/CFAX No(541) 772-3785 A/ 3256 Hillcrest Park Drive E-MAIL swilson@bbnw.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC # Medford OR 97504 INSURERA:American Casualty Co of Reading PA 20427 INSURED INSURERB:Admiral Insurance Company 24856 Construction Engineering Consultants, Inc. INSURERC: P O Box 1724 INSURER D : INSURER E : Medford OR 97501 INSURER F : COVERAGES CERTIFICATE NUMBER:16-17 GL/Auto/E&O 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 TYPE OF INSURANCE A DL SUER POLICY NUMBER MM DDY EFF MM DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE 7X OCCUR PREMISES Ea occurrence $ 300,000 2067238517 3/15/2016 3/15/2017 MED EXP (Any one person) $ 10 , 000 PERSONAL s ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY F-1 PRO JECT ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 X OTHER: Pollution Liability $ 1,000,000 AUTOMOBILE LIABILITY COMBINED IN LE LIMIT $ 1,000,000 Ea accident A ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED 2067238517 3/15/2016 3/15/2017 BODILY INJURY (Per accident) $ AUTOS AUTOS R HIRED AUTOS X NON- PROPERTY DAMAGE $ AUTOS OWNED Per accident UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER - WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N STATUTE FROTH ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Professional Liability E000003386201 6/3/2016 6/3/2017 Limit: $2,000.,000 Deductible: $5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Contrat for Personal Service. General Liability Policy includes Blanket Additional Insured & Blanket Waiver of Subrogation coverage as required by written contract per endorsement SB146968A (attached). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland, Public Works/Engineering THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn : Kaylea Kathol, Project Manager ACCORDANCE WITH THE POLICY PROVISIONS. 51 Winburn Way Ashland, OR 97520 AUTHORIZED REPRESENTATIVE S Wilson, AAI, AIC/SU ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) Purchase Order Fiscal Year 2017 Page: 1 of: 1 THIS PO NUMBER MUST APPEAR ON ALL INVOICES, AND SHIPPING DOCUMENTS. B City of Ashland I ATTN: Accounts Payable 20 E. Main Purchase L Ashland, OR 97520 Order # 452 T Phone: 541/552-2010 0 Email: payable .ashland.or.us E CONSTRUCTION ENGINEERING CONSULTANTS INC H C/O Public Works Department E PO BOX 1724 1 51 Winburn Way D MEDFORD, OR 97501 P Ashland, OR 97520 0 Phone: 541/488-5347 R TO Fax: 541/488-6006 Vendor Phone Number Vendor Fax Number Requisition Number Delivery" Reference Ka lea Kathol Date Ordered Vendor Number Date Required Freight Method/terms Department/Location 12/05/2016 939 FOB ASHLAND OR City Accounts Payable Item# Descri t{on/PartNo QTY UOM Unit Price Extended Price Consultant Support Services 1 Consultant to provide support services for state and county permit 1 $24,500.0000 $24,500.00 applications related to Lithia Springs property wetland restoration. oject #200907.999 Contract for Personal Services Less than $35,000 Beginning date: 12/5/2016 Completion date: 03/01/2017 GL SUMMARY 082400 - 604100 $24,500.00 ate: /Kuthorize a ure PO Total $24,500.00 FORM #3 CITY OF ASHLAND A request for a Purchase Order ~ REQUISITION eofrequest: at 12/1/16 Required date for delivery: 12/7/16 Vendor Name Construction Engineering Consultants Address, City, State, Zip Po Box 1724 Medford, OR 97501 Contact Name & Telephone Number Tony Bakke (541) 779-5268 x231 Fax Number tony@cecengineering.com 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 ❑ Direct Award Date approved by Council: 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 ❑ Agency ❑ Form #9, Request for Approval ® 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 - (Attach copy of council communication) Description of SERVICES Total Cost Consultant to provide support for state and county permit applications related to Lithia Springs Property wetland $24,500 restoration, per exhibit C. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quote/proposal l D~' Project Number 200907.999 Account Number 082400-604100 Account Number 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 re uisiuKiform certify that t ~'s p lic contracting requirements have been satisfied. II Employ e: Q` Department Head: l 'ell K14- (I b -I (Equal to or greater t an 5,000) Department ManagerlSuperviso • Iz~' ` City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: 'ESQ-N - 4inance tecto (Equal to or greater than $5,000) Dat Comments: Form #3 - Requisition CITY OF ^AS H LA N D FORM #4 DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: John Karns, Public Contracting Officer From: Mike Faught Date: 12/1/16 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. Backl4round Public Works intents to commission Construction Engineering Consultants to perform activities in support of construction permitting for the Lithia Springs Property wetland restoration project. The contractual statement of work, as provided in the enclosed proposal (exhibit C), sets forth Public Work's plan for utilizing CEC's services. Specifically.. CEC will conduct a flood study on the property to determine the elevation of the 100-year flood on Emigrant Creek. The study and the associated survey is required to apply for a Floodplain Development Permit from Jackson County. In addition, CEC will prepare a 1200-C permit application, required by the Oregon DEQ for projects that disturb more than one acre of land. The estimated cost and amount budgeted is $24,500. Work will commence on approximately December 8, 2016, and will be completed by March 1, 2017. 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 does not have the expertise to perform modeling and reporting components of the flood study, nor does it have the personal to perform the supporting survey within the timeframe necessary to ensure the wetland restoration project remains on track for completion by the fall of 2017. Similarly, the City does not have the personnel to perform the 1200-C permit application within the timeframe necessary to ensure timely completion of the restoration project. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 12/1/2016