HomeMy WebLinkAbout2017-048 Contract - AECOM Energy & Construction
Contract for PERSONAL SERVICES
C I T Y OF CONSULTANT: AECOM.,
-AS H LA N D CONTACT: Steve Samuelson
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 15014 1h 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 $74,855.76.00
SERVICES TO BE PROVIDED: Hosler Dam PMF study update per attached exhibit C
ADDITIONAL TERMS:
In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take
precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a
manner that will not conflict with the said primary City of Ashland Contract.
FINDINGS:
Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and
determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor
resources to perform the services; (3) the statement of work represents the department's plan for utilization of such
personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient
to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints
provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein
is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely
terminated, payments will be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $20,142.20 or more, Consultant is required to comply
with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any Subcontractor who performs 50% or more of the service work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
third party claims for injury to any person (including injury resulting in death), or third party claims for damage l
(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 07108/2014, Page 1 of 6
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, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage,
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. I
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
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. Consul nt shall sign the certification attached hereto as Exhibit A d herein incorporated b reference.
Consultant: City of Ashland
By By
SigfIture Department
Print Name Print Name
Eo
Title Date
W-9 One copy of a W-9 is to be submitted with
the signed contract. Purchase Order No.
4ROV ARM
M ttomey
Data---. ....-..e--.
a
Contract for Personal Services, Revised 07/08/2014, Page 4 of 6
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be
issued to it and (b) Contractor is not subject to backup withholding because (1) it is exempt from
backup withholding or (i) it has not been notified by the Internal Revenge 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) I 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,
,z
rContractor (Date)
Contract for Personal Services, Revised 07/08/2014, Page 5 of 6
I
CITY OF ASHLAND, OREGON
EXHIBIT B
EI
E
City of Ash land
LIVING
W E
, - , some
,
per hour effective June 30, 2014
(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 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 $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
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 an a project or of health care, retirement,
. additional 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
-AS H LA N D
Contract for Personal Services, Revised 07/08/2014, Page 6 of 6
AECOM 206 438 2700 tell
/"lam 1111 3rd Avenue 866 495 5288 fax
Suite 1600
Seattle, WA 98101
www.aecom.c rn
1
November 7, 2016
Mr. Pieter Smeenk, P.E., S.E.
City of Ashland
Public Works Engineering Division
20 East Main Street
Ashland, OR 97520
Dear Mr. Smeenk:
SUBJECT: Reeder Gulch Project No. 1107-OR
Proposal for Services - Hosler PMF Study
AECOM is pleased to offer this proposal to perform an updated Probable Maximum Flood
(PMF) study for Hosler Dam, pursuant to an FERC letter dated February 18, 2016. In that
letter, the FERC requested that such a study use Probable Maximum Precipitation
(PMP) values based on HMR 57. As you know, we had previously discussed the
advisability of proceeding with the expense of a site-specific PMP study. Accordingly, we
completed our October 3, 2016 report Hosler Dam - Arch Dam Shear Stress Sensitivity
Study. That report concluded that there would not be a high sensitivity in the structural
adequacy of the arch to flood inflow. Thus, it was concluded that, while a site-specific
PMP study would provide a more refined determination of PMP for the site, it is an
extraneous refinement and cost that would not offer much benefit to the City. Therefore,
we are submitting this proposal for us to complete the study using PMP input based
on HMR 57.
SCOPE OF WORK
The major technical tasks or components of any PMF study typically include the following:
1. Data collection from databases and existing documents that cover basin wide
geology and vegetative cover, topographic mapping, historical temperatures and
snowpack data, and the characteristics of any upstream projects. In the case of
Reeder Reservoir, no upstream projects exist beyond the non-significant diversion
structures.
2. Division of the basin into subbasins and developing hydrologic characteristics of
each subbasin as well as initial basin conditions such as base flows, snowpacks,
and initial reservoir levels.
3. Development of a basin model that incorporates the individual subbasins, routing
reaches, and reservoirs.
4. Calibration of subbasins within the model based on recorded historical rainfall
where and if possible. Calibration of models requires recorded stream flows and
coincident rainfall for the greatest confidence levels.
5. Development of the Probable Maximum Precipitation (PMP) and its distribution over
the basin together with coincident climatic conditions.
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City of Ashland
Dam Safety Services for Hosler Dam
November 7, 2016
6. Simulation of the PMF incorporating the PMP into the model together with
associated climatic and basin conditions and characteristics as well as reservoir
storage and spillway capacity.
A detailed description of the specific tasks for this site are as follows:
♦ Data Collection. Readily available information will be obtained from any
previously developed flood studies within the basin with more recent data
obtained from other various sources like the USBR Hydrometeorological
database, the Oregon Climate Service, and other sites. More recently recorded
data for streamflow records and coincident precipitation records will be obtained
to determine the extent that calibration of subbasins can be performed. Climatic
data will be obtained and evaluated in order to determine initial snowpacks.
Topographic mapping for the basin will be obtained for evaluation, particularly for
any potential creek reaches that might impede high flows. Subbasin soils and
geologic mapping will be developed or augmented using the USGS STATSGO
database and available soil surveys.
♦ Subbasin Delineation. The overall basin will be delineated into subbasins as
appropriate. It is currently envisioned that only three subbasins will be required
and would include the east and west forks as well as the reservoir and its'
immediate local drainage.
♦ Subbasin Geologic and Soils Evaluation. Soils and geologic characteristics
will be determined for each of the subbasins with percentages of soil types
determined. Similarly the geologic composition will be determined with the depth
to bedrock determined for various portions of the subbasins. These
characteristics will be used to estimate potential infiltration rates for the various
soil groupings within each subbasin.
e Subbasin Hydrologic Property Development. In addition to developing the
infiltration rates for each subbasin, hydrologic characteristics will be developed
as appropriate that include overland travel times, travel times through the various
reaches, and estimated lag times for each subbasin.
♦ Basin HEC-1 Model Development. A HEC-1 computer program model will be
developed for basin simulations. The basin model will incorporate the individual
subbasins and hydrologic characteristics such as elevation bands for purposes of I
snowmelt simulation, runoff characteristics for hydrograph development, initial
snowpack conditions, infiltration rates, and precipitation amounts and pattern,
and the reservoir and associated spillway rating curve.
♦ Historical Storm Development. To the extent possible, depending on the data
that is available, historical storm events will be developed that incorporate
coincident precipitation intensity, precipitation pattern, temperature sequence,
and recorded streamflow.
♦ Historical Storm Model Calibration. Individual subbasins will be calibrated to
the extent possible where streamflow data and coincident precipitation data are
available. Where calibration is not possible, Snyder runoff parameters will be
developed and used within the model. The various subbasin runoff parameters
*416 Rev. 1 ' Page 2 of 5
City of Ashland
Dam Safety Services for Hosler Dam
November 7, 2096
can be developed by use of topographic mapping of a subbasin or published
reports.
o Development of Climate and Snowpack Factors. In developing the conditions
for the PMF, guidance in HMR 57 will be utilized together with the expected
extreme snowpack that could occur for the various months where snowpacks
could likely add to extreme flood flows. Similarly, temperatures sequences that
could occur as well as coincident wind and solar radiation will be developed.
♦ Development of PMP and Precipitation Patterns. The procedures in HMR 57
will be used to develop the PMP as well as the corresponding temperature
conditions and rates of change. Because of the relatively small basin size it is
anticipated that only a single storm centering will be required while varying the
precipitation pattern. It is anticipated that the model will utilize the energy
budget method for determining snowmelt based on available data applicable to
the various subbasins.
♦ PMF Simulations and Routing. The PMP and corresponding seasonal period I
data will be incorporated into the HEC-1 model for the final PMF simulations.
Simulations will be performed for the various critical months to determine the
most critical that would define the PMF.
♦ Draft Report Preparation. A comprehensive report covering the results of the i
study will be prepared in accordance with the FERC format.
♦ Incorporation of Comments and Final Report. A final report will be developed
following the receipt of any comments from either internal AECOM review, client
review, or from any reviews or comments resulting from any FERC involvement.
♦ Meetings. An allowance is included for a telephone conference and one in-
person meeting with the FERC in Portland.
PROPOSED STAFF
Project management will be provided by Steve Samuelson, P.E., the FERC-approved
2013 Independent Consultant for Hosler Dam. All technical tasks required by the PMF
study will be directed by Mr. William H. Shaffer, PE. Bonnie Witek will provide
evaluations largely focused on the soils, geological, and related aspects of the study that
provide the basis for infiltration rates. Mike Inman, GIS specialist, will provide GIS
support in developing and defining subbasins within the overall basin, evaluation of
topography as needed, obtaining soils mapping and geologic characteristics, and other
basin characteristics, if needed. David Hunter, PE, of our New York office will perform
peer review on the report. Messrs. Samuelson and Shaffer will conduct the telecon and
in-person meeting in Portland, if required by the FERC.
~ Rev. 1 ~ Page 3 of 5
/~ivVM
I
City of Ashland
Dam Safety Services for Hosler Dam
November 7, 2016
COST OF SERVICES
i
The cost of services by task is summarized below:
Labor Costs
Task Hours Cost
Data Collection 36 $5,066.60
Subbasin Delineation 16 2,232.32
Subbasin Geologic and Soils Evaluation 32 4,349.20
Subbasin Hydrologic Property Development 36 5,127.32
Basinwide HEC-1 Model Development 16 2,755.16
Historical Storm Development 24 4,133.24
Historical Storm Model Calibration 24 4,133.24
Development of Climate and Snowpack Factors 24 4,072.52
Development of PMP and Patterns 24 4,133.24
PMF Simulations and Routing 24 4,133.24
Draft Report Preparation 95 15,006.70
Peer Review 27 6,133.74
Incorporate Comments and Final Report Prep 25 4,293.34
Meetings 26 4,488.04
Project Management 26 3,944.86
Labor Subtotal: 462 $74,002.76 i
Travel and other direct costs (ODC) required for the presumed meeting with FERC-PRO
are as summarized below. I
Airfare $ 550
Rental Car 75
Meals & Incidental Expenses 128
Miscellaneous 100
Travel and ODC Subtotal: $ 853
PROJECT TOTAL: $74,855.76
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.
SCHEDULE
Assuming we receive notice to proceed not later than November 18, 2016, we will submit a
draft report for your review and comment prior to April 14, 2017. We will submit our final
i
report within 3 weeks of receipt of comments.
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i
F
MOM Rev. 1 Page 4 of 5 I
City of Ashland
Dam Safety Services for Hosler Dam
November 7, 2016
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, E.
Project Manager and 2013 Independent Consultant
ATTACHMENTS
CC: M. Pavone
S. Benson
C. Kinberg
W. Shaffer
a
aC~M Rev. 1 Page 5 of 5
Purchase Order
Fiscal Year 2017 Page: 1 of: 1
3_E{Ie]llSdEIffl1TL EPEAfN ALI
S=
B City of Ashland~M NIL R-W ME!~~MEN-
I ATTN: Accounts Payable
L Purchase 602
L 20 E. Main Order #
Ashland, OR 97520
T Phone: 541/552-2010
O 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
_ -en _6KPhone Numw- Wendor FiiX1 umber es~urs~frs~frr be _ = - _ _ - -
425 451-4500 Pieter Smeenk _
Qatef~ere- Vendor Numbers - Daffte{uired= tQ
03/03/2017 972 FOB ASHLAND OR City Accounts Payable
Item# am- Qese_r._~ pbon/ 1114a WERE i7ndFdq
Hosler Dam PMF
1 Hosler Dam PMF study update per attached Exhibit C. 1 $74,855.7600 $74,855.76
Contract for Personal Services
Beginning date: 01/09/2017
Completion date: 06/30/2017
Project Account: E-201529-999
Project Account: E-201529-999
GL SUMMARY
083800 - 604100 $37,427.88
111500 - 602400 $37,427.88
B - DDate: 'k-,
Au horized- gnature $74,855.76
f
# CITY F
VFORM
SHLANu
REQUISITION Date of request: 01/10/17
Required date for delivery: 01/10/17
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
0 Exempt from Competitive Bidding ❑ Emergency
0 Reason for exemption: fni i c)W on ❑ 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
X 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 Form #9, Request for Approval ❑ Agency
❑ Less than $35,000, by direct appointment Written quote or proposal attached Date original contract approved by Council:
El (3) Written proposals/written solicitation Date approved by Council: 2cqT (Date)
_ (Attach copy of council communication)
❑ Form #4, Personal Services $5K to $75K Valid until: Date
Description of SERVICES Total Cost
Time and materials, NTE
$ 74,855.76
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
Q Per attached quotelproposal- $
Project Number 2015 29 _ Account Number670 - 08. 38.00-604100 (50%) 741 855.76
Account Number Account Number 690 -11 . 15.00 -602400 (50%)
*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:
tT Director Date Support -Yes / No
By signing this req tio6 form, I ce0l~y at th~ City's public contracting requirements have been satisfied.
as
Employee: Department Head: 2 17
d1011 (EqyP6 or an $5,000)
Department ManagerlSupervisor~~ ~ City Administrator:
. I (Eq I to or greater than $25,000)
F a
Funds appropriated for current fiscal year: --'YE?/ NO `
Finance Directory- (Equal to or greater than 000) D*(e~
Comments:
r,
a
Form #3 - Requisition
CITY OF
ASHLAND
Council Communication
January 17, 2017, Business Meeting
Approval of a Special Procurement for AECOM
FROM:
Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurys@ashland.or.us
SUMMARY
This is a special procurement for award of a professional services contract for $74,855.76 to AECOM
for engineering associated with Federal Energy Regulatory Commission requirements (FERC) for
Hosler Dam. The engineering is required as a result of work previously performed by AECOM
associated with the Part 12 dam inspection and erosivity study. The engineering work includes analysis
of a new maximum potential flood event in order to determine requirements for protecting the left
abutment from erosion due to an overtopping event.
BACKGROUND AND POLICY IMPLICATIONS:
Engineering staff previously informed the Council at the December 14, 2015, Study Session (minutes)
of erosivity issues associated with Hosler Dams left abutment and how a plan of action approved by
FERC would dictate the next steps. City staff and Steve Samuelson of AECOM met with FERC on
December 15, 2015, to discuss next steps.
On February 18, 2016, FERC formally agreed to the project next steps. These steps included multiple
phases to protect the left abutment from erosion due to overtopping. The phases include, and interim
risk reduction measure of reducing the Reeder reservoir volume to 50% during flood season as water
quality allow, updating the Probable Maximum Flood (PMF) and Probable Maximum Precipitation
(PMP) analyses to current standards, and final engineering and construction of modifications to the
parapets and/or gates to accommodate changes to the PMF and PMP if appropriate. One other step to
reduce overtopping was recommended by the FERC and accepted by city staff involves installation of
log booms at the reservoir inlets to avoid plugging of the spillways.
AECOM was previously selected through a formal solicitation process to be the FERC part 12
independent inspector. The selection of an independent inspector is formally approved by FERC and
the consultant can provide analysis for two consecutive five year terms. After completing the
requirements of independent inspection, AECOM was then tasked with formalizing the erosivity study
which closely analyzed a potential failure mode in the most recent report. AECOM finalized the
erosivity study which has lead us to a course of action to reduce risk associated with erosion from an
overtopping event.
The City wishes to use a special procurement process in order to directly award AECOM engineering
work associated with the project next steps stated above. In order to process a special procurement the
City Council must approve the process and a public notice of the procurement must be posted on the
Page 1 of 2
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d
CITY OF
ASHLAND
City's website for a period of seven days to allow for any protests of award, reference form 49 special
procurement.
FISCAL IMPLICATIONS:
The additional funds will come from monies budgeted within the current biennium specifically for un-
identified FERC related projects.
COUNCIL GOALS:
• Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs
• Maintain and improve infrastructure that enhances the economic vitality of the community
• Evaluate all city infrastructure regarding planning, management, and financial resources
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the special procurement contract with AECOM for an additional
$891855.76, as this work is required as part of ownership responsibilities for Hosler Dam.
SUGGESTED MOTIONS:
I move approval of a special procurement contract with AECOM for an additional $74,855.76
ATTACHMENTS:
• AECOM Scope of Services Proposals
• City Council Minutes December 14, 2015
• Special Procurement Request for Approval Form #9
Page 2 of 2
~r
CITY OF
FORM #4 ASHLAND
DETERMINATIONS TO PROCURE
PERSONAL SERVICES
$5,000 to $75,000
To: Dave Kanner, Public Contracting Officer
From: Michael R. Faught-Director of Public Works
Date: -June 20, 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.
Background
The Department of Public Works intends to contract with the private consultant Steve Samuelson of
AECOMfor project number 2015-29. The services included in this contract are follow-on work resulting
resulting from the FERC's review of the most City's most recent Part 12 Independent Inspection Report
(see attached letter dated February 18, 2016), The Part 12 Independent Inspection was procured
competitively and the selected consultant required pre-approval by the FERC. The services included
require high level hydraulic, structural, and geotechnical engineering knowledge normally available from
only a small pool of very specialized dam consultants. Steve Samuelson is very familiar with the
conditions and requirements of our particular dam. Using AECOM to complete the PMF study will
substantially reduce costs and reduce the chances of not completing the work on schedule, when
compared with seeking those services from other similarly qualified dam engineers.
The services are expected to be provided in FY2015and FY2016 with a not to exceed budget amount of
$76,173, which is less than the $100, 000 maximum for continuation of work exemption stablished by
AMC 2.50.120.A.3. 50% of the services are to be paid out of the Electric Supply Budget, and 50% are to
be paid out of the Water Supply budget.
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 of Ashland Engineering Division does not have the staff available or personnel qualified to
provide the services required by the FERC. In addition, no other Department in the City has the resources
or technical knowledge to complete the work associated with this personal services contract.
Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 10/31/2016