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HomeMy WebLinkAbout2017-047 Contract - AECOM Energy & Construction Contract for PERSONAL SERVICES less than $35,000 CITY O F CONSULTANT: AECOM~~~~~-,_ -AS H LAND CONTACT: Steve Samuelson 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1501 4th Ave, suite 1400, Seattle WA 98101 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 206.438.2700 DATE AGREEMENT PREPARED: December 28, 2016 FAX: 866.495.5288 BEGINNING DATE: January 9, 2016 COMPLETION DATE: June 30, 2017 COMPENSATION: Time and Materials not to exceed NTE $15,000.00 SERVICES TO BE PROVIDED: Hosler Dam PMFA supplement update per attached exhibit C a 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 i 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, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused b the negligence of City. Contract for Personal Services, Revised 07/08/2014, Page 1 of 6 i 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: $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. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,00g, or Not Applicable for each accident for Bodily Injury and Prope Contract for Personal Services, Revised 07/08/2014, Page 2 of 6 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 by reason of shutdown or nono eration, increased cost of construction, cost of capital, cost of replacement power or customer claims; Contract for Personal Services, Revised 07/08/2014, Page 3 of 6 i 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 a herein incorporated b reference. onsultant: City of Ashland F, By y4'~~i By nature Department H d rint Name Print Name Title Date be submitted with O W-9 One copy of a W-9 is to the signed contract. Purchase Order No. Contract for Personal Services, Revised 07/08/2014, Page 4 of 6 9 EXHIBIT A CE T IFI "IrIONS/REES TAT IONS: Contractor, urldeT pie tilt r of perjury, ~~~~,fles 1h~t number shown, on the attached %A.+-9 fb is its correct e pa er D (or Is waiting for the nu bar to be issued to it Zand (b l Contractor Is not subject to backup withholding because It is e e 9pt from backup ift olding or (ii) it has not been notified by the Inter val e enue Service ;IRS that it is subject to bcackup %vithholding as a result of failure to repot tt all interest or Gll ides ds, or (iii) the I OS has noti ed it that it is ; o longer subject to backup withholding. Contractor further represents and fa grants o City -t (a) It has th-= riot ver andtrity enter te. and pal tine.amrb) the Contract. b.lhen executed and delivered, shall be a valid and binding obligation cf Contractor enforceable in accordance w.th Its terms, (c) the work under the Contract shall be performed in co,ordance with the highest professional standards, and (d) 'Contractor is qualified, professionally cornpetent and duly lic-ensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in v'olation of any Oregon tax laws, and it is a co¢por ation authorized to act on behalf o4 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 tour or more of the following criteria: l carry out'he 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. 22) om er cial advertising or business cards or a trade association membership are ourchased for the business. _ Telephone listing is used for the business separate from the persona; residence listing. - - } Labor or services are performed only pursuant to written contracts. - - abo ° or services are performed for tilvo or more different persons wit hin a period of one stear. ( j l assume Inancla1 respons ibH4 for defective workmans hip or for service not prodded 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) L+ Rear 24 S i Fc-A-e , 07108/2013~ ~i~fiL~ a i~rka~ .-r .`~~9v+...~ t 3..4_ Page u 15 of CITY • ASHLAND, OREGON EXHIBIT B City of Ashland LIVING • , • W WA E per hour effective June 30, 2014 (Increases annually every June 30 by the POF M 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 ➢ Note: "Employee" does not employer and the City of $20142.20. 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 50% 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 ^ASH LAN D Contract for Personal Services, Revised 07/08/2014, Page 6 of 6 ACOM AECOM 206 438 2700 tel 1111 3rd Avenue 866 495 5288 fax Suite 1600 Seattle, Wa 98101 www.aecom.com December 13, 2016 f F I Mr. Pieter Smeenk, P.E., S.E. City of Ashland Public Works Engineering Division 20 East Main Street Ashland, OR 97520 t Dear Mr. Smeenk: SUBJECT: Reeder Gulch Project No. 1107-OR Proposal for Services - Hosler Dam Safety Services Pursuant to FERC letter dated February 18, 2016, an FERC email dated September 28, 2016, and an FERC letter dated November 30, 2016, two reports are requested of the City; and another update to the Supporting Technical Information (STI) Document for submittal to the FERC. These are summarized as follows: 1. PFMA Supplement - Revisions to the 2003/2013 Potential Failure Modes Analysis (PFMA) to reflect findings from the 2013 Part 12D report, 2014 Foundation rock stability evaluation, and FERC comments from their February and November letters. This supplement is due to the FERC by December 31, 2016, per an October 20, 2016 letter to the FERC. 2. Letter Report Regarding PFM 4A - Per the FERC September email, a brief letter report clarifying the sequence of events associated with this PFM (originally detailed in the 2013 Part 12D report) is required. Although there is not a specific schedule for completion of this brief report, it is planned for completion prior to submitting the PFMA supplement, such that its findings can be incorporated into the PFMA supplement. 3. STI Document Update - The STI Document required by the FERC is a "living document", that requires updating as project understandings change. Upon completion of the PFMA supplement, another update to the STI Document is required. In addition to inclusion of the PFMA supplement, some minor updates to seismicity, per City comments made in November, will be added. - BUDGET The pricing for these tasks is as follows: Task Hours Cost 1. PFMA Supplement 58 $11,000 2. Letter Report inre PFMA 4A 16 3,048 3. STI Document Update 5 952 TOTAL: 79 $15,000 City of Ashland Dam Safety Services for Hosler Dam June 2, 2016 Completion of this work will involve electronic submittal of reports (no hardcopy). There is no travel, shipping or Other Direct Costs. AECOM proposes to perform this project under the similar terms and conditions as our 2015 contract for the Hosler Erodibility Study (City of Ashland Purchase Order No. 12899, Contract executed May 14, 2015, and amended December 10, 2015). Invoicing for the ' labor costs to perform the proposed services will be based on bare salaries at the time of service times a multiplier of 2.8. CLOSING We appreciate the opportunity to be of service to the City of Ashland. If you have any questions or comments, please contact us. Sincerely, Steve Samuelson, P.E. a Project Manager and 2013 Independent Consultant ATTACHMENTS CC: M. Pavone S. Benson T. Ferguson j 1 i i ,l 3 ;i +t A.COM Rev. A Page 2 of 2 Purchase Order Fiscal Year 2017 Page: 1 of: 1 B City of Ashland - ATTN: Accounts Payable L 20 E. Main Purchase 604 L Ashland, OR 97520 Order # T Phone: 541/552-2010 0 Email: payable@ashland.or.us V AECOM ENERGY & CONSTRUCTION, INC H C/O Engineering Division E 1111 3RD AVE 1 51 Winburn Way N SUITE 1600 p Ashland, OR 97520 D SEATTLE, WA 98101 Phone: 541/488-5347 O T Fax: 541/488-6006 R O Ven Qr~hQne Number 1Lend r F~ =L umt~ ~ s~ i Imo- 425 451-4500 Pieter Smeenk date fAt r 6 d ~ndQ_r Number-_ M Rep~rr 191 = r , r m o E t 03/03/2017 972 FOB ASHLAND OR Cit Accounts Pa able 120M rd~r-ic Hosler Dam PMFA 1 Hosler Dam PMFA supplement update per attached Exhibit C. 1 $15,000.0000 $15,000.00 Contract for Personal Services Less than $35,000 Beginning date: 01/09/2017 Completion date: 06/30/2017 Project Account: E-201529-999 Project Account: E-201529-999 _ GL SUMMARY 083800 - 604100 $7,500.00 111500 - 602400 $7,500.00 k Date: ; Authorized Signature $15,000.00 , FORM 43 CITY OF ASHLAND REQUISITION Date of request: 01/09/17 Required date for delivery: 01/09/17 Vendor Name AECOM dba URS Address, City, State, Zip 1111 3rd Ave, Suite 1600 Contact Name & Telephone Number Steve Samuelson 206-438-2054, 866-495-5288 Fax Number SOURCING METHOD Q Exempt from Competitive Bidding ❑ Emergency Q Reason for exemption: fol , nW n„ ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization Q AMC 2.50 •120.3 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 El Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Agency ❑ Form #9, Request for Approval 93 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 Time and materials, NTE $15,000 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quotelproposal $ Project Number 2015 29 _ Account Number670.08. 3a 00.604100 (50%) 15,000 Account Number-- _ Account Number 690 .11 .15 .00 .602400 X50%) *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 re4uisition form, 1 certifythat the City's public contracting requirements have been satisfied. Employee: ' Department Head: 02,41 rt (Equal to or grea ,000) Department Manager/Supervisor: 2 City Administrator: (Equal to or greater than $25,000) Lam. Funds appropriated for current fiscal year YES / NO p 1' Finance DireCt01= Equal to or greater than $5,000) Date Comments: Form #3 - Requisition