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2017-108 Contract - Keller Associates
Contract for PERSONAL SERVICES CITY O F CONSULTANT: Keller Associates Inc. ~,S H LAN D s Bledsoe P.E. CONTACT Jame 20 East Main Street Ashland, Oregon 97520 ADDRESS: 131 SW 5th Ave, Suite A Telephone: 5411488-6002 Meridian, Idaho 83642 Fax: 5411488-5311 TELEPHONE: 208-288-1992 DATE AGREEMENT PREPARED: March 15, 2017 FAX: 208-288-1999 BEGINNING DATE: March 22, 2017 When executed by Cit Council COMPLETION DATE: March 22, 2019 COMPENSATION: Not to exceed $35,163.00 SERVICES TO BE PROVIDED: Pre-Design Engineering services necessary for improvements to the Terrace Street (TIDE Pump Station. See attached "Exhibit D° for scope of work, budget and schedule. The Consultant _ shall perform the work using the standards of care, skill and diligence normally provided by a professional in the performance of such services in respect to similar work and shall comply will all applicable codes and standards. Consultant shall sign and abide by the attached "Exhibit C": Contract Clauses for contracts with Professional Services Contractors for projects funded by Safe Drinking Water financing. 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 rima Ci 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. NOWTHEREFORE, 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. Ow-ne~ship flf Documents: All-dor~aments prepared by Consultant pursuant to this contract shall be-the property of City. 7. Statutory Re~uarements: ORS 279C.50~5, 279~C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living V4fage Regairements: If tl7e 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 I-iving 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 a reel to defend, indemni and save Ci ,its officers, employees and a ents harmless Contract for Personal Services, Revised 06102/2015, Page 1 of 9 from any and al{fosses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature to the extent the harm caused arises out of the negligent acts, or errors, or omissions in performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, or proximately caused by the negligence of City. 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. ObligationlLiability 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 4RS 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 shat{ 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 ar 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 ar to qualify as a QRF if consultant has qualii'ted 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 awn expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.0 i 7 ,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 2 000 000 for each claim, incident or occurrence. This is to cover lama es caused by error, omission or Contract for Personal Services, Revised 0610212015, Page 2 of 9 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 2`000 OOa for each occurrence for Bodily Injury and Propert)r Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than 1000 000, for each accident for Bodily Injury and Property Damage, including coverage for owned, hired ornon-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits ar intent not to renew the insurance coverages}without 30 days' written notice from the Consultant or its insurers) 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 Gity. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions andlorself- 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, suitor proceeding (collectively, "the claim") between the City (andlor any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shalt 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 na 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 HElSHE HAS READ TH[S 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 by reference. Contract for Personal Services, Revised 06102/2015, Page 3 of 9 onsultant: City of Ashland By ~ ~ By ~ ~ Signatu a Depart n Head ~~//~~s Print Name Print Name . ; ~2~,~~r~ ~ 7 Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. ~►F~PR~t~~~ ~ T`~ ~0~~ r l~ ~i~r1 ty ttomQy fat ` ~ ~ Contract for Personal Services, Revised ~6/0212g15, Page 4 of 9 EXHIBIT A CERTIFICATIONSIREPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a}the number shown on the attached W-9 form is its correct taxpayer [D (or is waiting for the number to be issued to it and fib) 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 local 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 Tabor 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. ~C (2} Commercial advertising or business cards or a trade association membership are purchased for the business. X (3) Telephone listing is used for the business separate from the personal residence listing. ~G (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} I 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. 3~ Contractor (ate} Contract for Personal Services, Revised 06102/2015, Page 5 of 9 ~ ~ ~ ~ ~ ~ EXHIBIT B ~ o s an , , . , . , ~ ~ ~ ~ ~ ~ - per hour effective June 30, 2016 (Increases annually every June 30 by the Consumer Price Index yr , - ~ - ~ , ~ portion of business of their 401K 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: "Emp)oyee° does not employer and the City of $20,283.20. include temporary orpart-time Ashland if the contract employees hired for less than exceeds $20,283.20 ar more. ➢ If their employer is the City of 1040 hours inanytwelve- 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 ar of health care, retirement, Cali the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 -East Main ~5treet, Ashland, 4R 97520 or visit the city's website at www,ashland.ar.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY 4F ~,SHLAND Contract for Personal Services, Revised 0610212015, Page 6 of 9 a "EXH181T C' Contract Clauses for contracts with Professional Services Contractors for projects funded by Safe Drinking Water financing SAM Registration and DUNS number are required for all entities that enter into direct contracts with the recipients of Safe Drinking Water Revolving Loan funds SAM Registration: http://ww.sam.~ov/portal/public/SAM/ DUNS Number NOTE: The SAM registration expires annually and must be kept active 838285504 anti[ the SDWRLF ra'ect is closed Keller ~d'dssociates ~ c , Language to be included verbatim in contracts according to any accompanying instructions 1. Source of Funds Work underthis contract is funded by the federal Safe Drinking Water Revolving Loan Fund through the Oregon Business Development Department and a partnership of Local and/or Private Funds. Whistleblower (language to be included in all construction contracts and subcontracts) "Contractor receiving SDWRLF funds shall under or through this contract to, post notice of the rights and remedies provided to whistleblowers under No Fear Act Pub. L.107-174.29 CFR § 1614.703 (d)." 3 Non Discrimination "The contractor shall not discriminate on the basis of race, color, national origin ar sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies." 4. Termination for Cause and for Convenience & Breach of Contract (language to be included in all construction contracts and subcontracts in excess of $10,000:) "Contractor shat[ address termination for cause and for convenience, including the manner by which it will be effected and the basis far settlement. In addition, contractor shall address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate." Contract for Personal Services, Revised 061021205, Page 7 of 9 5. Intellectual Property (language to be included in all contracts:} "Contractor hereby grants to the U.S. E.P.A. aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, forfederai government purposes, any intellectual property developed under this contract. Contractor shall secure from third parties the same license in the name of the U.S. E.P.A. regarding any intellectual property developed by third parties as subcontractors to perform this project, or developed under contract with the Contractor specifically to enable Contractor's obligations related to this project." 6. Inspections; Information (language to be included in all construction contracts and subcontracts:} "Contractor shall permit, and cause its subcontractors to allow the City of Ashland, the State of Oregon, the federal government and any party designated by them to: (1) Examine, visit and inspect, at any and all reasonable times, the property, if any, constituting the Project. (2) Inspect and make copies of any accounts, books and records, including, without limitation, its records regarding receipts, disbursement, contracts, and any other matters relating to the Project, and to its financial standing, and shall supply such reports and information as reasonably requested. (3) Interview any officer or employee of the Contractor, or its subcontractors, regarding the Project. Contractor shall retain all records related to the Project for three years after final payments are made and any pending matters are closed." 7. Environmental and Natural Resource Laws include the following language in all contracts and subcontracts in excess of $100,000:) "Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C.1857~h}),section 508 of the Clean Water Act (33 U.S.C. 1368}, Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). 8. Procurement of Recovered Materials (include the following language in all contracts and subcontracts in excess of $10,000:) "Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, including procurement of recovered materials in a manner designated in guidelines of the Environmental Protection Agency EPA) at 40 CFR part 247." 9. Prohibition on the Use of Federal Funds for lobbying (Certification Regarding Lobbying form follows, far any contracts in excess of $100,000) ;form fallaws} CERTIFICATION REGARDING LOBBYING (Awards to Contractors and Subcontractors in excess of $100,000} The undersigned certifies, to the best of his or her knowledge and belief, that: Contract for Personal Services, Revised 06/0212015, Page 8 of 9 (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer ar employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,OOOforeach suchfailure. Signed ~to~ r. ~,~~r~a Title Date 3 I ~ ~ Confract for Personal Services, Revised 0610212015, Page ~ of 9 a r KELLER associates EXHIBIT D - SCOPE OF WORK TERRACE STREET PUMP STATION PREDESIGN Date: March 14, 2017 Project Number: 2015-31(KA# 217004 Project Name: Ashland Terrace Street Pump Station Upgrade PROJECT DESCRIPTION The existing Terrace Street Pump Station requires a major upgrade. As part of the upgrade, the pump station will need to be able to deliver water to the new treatment plant at a site and elevation to be determined. The City intends to upgrade the existing pump station at the existing site before December 31, 2017. Services to be completed by the Consultant are described below in the Scope of Work. These services will be completed in coordination and with prior authorization by City staff. Task 1-Project Management and Meetings Consultant Responsibilities; 1.1 Provide general project management for this task, including contract administration, progress reports, and internal project administration. 1.2 Consultant shall attend one project meeting and will participate in up to two conference calls with City staff during the predesign phase. These are anticipated to be coordinated with the Park Estates Pump Station Replacement predesign. Assumptions: 1.3 City to provide forum for meetings. 1.4 Project will be funded with Infrastructure Finance Authority (IFA}funding. Funding administration services will be provided by others. 217004-000 Engineering Solutions, Satisfied Clients Bentl • Clarkston • Idaho Falls • Meridian • Pocatello • Rock Springs • Roseville • Salem Exhibit D -Scope of Work Task 2 - Predesi~n Consultant Responsibilities: 2.1 Visit the existing site to generally assess conditions of existing facilities. This is anticipated to be coordinated with the kickoff meeting. 2.2 Review available record drawings. Review list of known issues and age of existing assets provided by the City. 2.3 Use l.idar data, field measurements gathered by the City, and record drawings far the proposed site to develop existing site map, 2.4 Evaluate hydraulic requirements needed to convey water from the pump station to the new treatment plant. This is anticipated to include hydraulic evaluations for delivery to the Concrete Pit and Granite Treatment Plant sites, for both high and low plant options. 2.5 Consider potential hydraulic impacts of piping the section of Talent Irrigation District (TID) canal located upstream of the pump station 2.6 Identify needs for a potential permanganate feed facility at the pump station site. This includes reviewing water quality and need for permanganate; review of permanganate chemical storage, feed, and instrumentation options; and development of permanganate storage and feed process and piping and instrumentation diagram (P&ID}. 2.7 Discuss with City design capacity and desired redundancy/resiliency. 2.8 Evaluate alternative pump sizes and types and make a recommendation for pump size and type. Because the hydraulic conditions far delivery to the Granite and Concrete Pit Treatment Plant sites are anticipated to be similar, evaluation is limited to an initial review of two pump types of similar size for a low plant and high plant option at the Concrete Pit site, followed by a refined sizing of the selected pump type. As part of pump evaluation, consider capital costs and ongoing power requirements, recognizing the City's desire far high-efficiency systems. 2.9 Develop a conceptual plan and section showing proposed mechanical and site improvements. 2.10 Summarize with City input recommended electrical (including standby powerj, instrumentation, and, control improvements. 2.11 Discuss potential implementation strategy. 2.1.2 Develop a Class 5 opinion of probable cost far the alternatives considered. Refine estimate to Class 4 estimate for preferred alternative. 2.13 Prepare a draft predesign report. Respond to City comments, and prepare final predesign report. 217004-000 Page 2 Exhibit D-Scope of Work City Responsibilities: 2.14 Assist in pump station tour, and provide available record drawings, age information, and list of known issues. 2.15 Provide information on available TID water rights (diversion rate), existing pump design flows, existing TID canal capacity limitations, and input on design capacity, includingfirm capacity. 2.16 Provide timely review of predesign report. 2.17 Provide supplemental fieldwork as needed cif available). Assumptions: 2.18 Substantive modifications to screening and diversion facilities are not anticipated. If required, these design services will be provided as an additional service. 2.19 Improvements will be constrained to the existing site J vault. If a new building structure is desired, design and construction services will be completed as an additional service. 2.20 No environmental, land use, hillside development, ar other permitting are included as part of this task. These services, if required, will be completed as part of Task 6. 2.21 No geotechnical services will be needed. 2.22 Einal design, bidding, and construction phase services far onsite standby power (if desired) will be provided as an additional service. 2.23 No boundary surveys or easements will be required. No topographic surveying will be provided, and drawings will be based on record drawings and field measurements. 2.24 Scope is limited to the pump station site and adjacent yard piping. Design of offsite piping, pressure zone modifications, and other offsite improvements are not included in Scope of Work. Deliverables: 2.25 predesign report for pump station draft and final). SCHEDUIE Consultant intends to complete draft predesign report within 30 days and design services within 80 days of receiving City comments on the pre-design. This schedule assumes a seven calendar day turn-around on City reviews and requests for information. 217004-000 Page 3 Exhibit D - Scope of Work COMPENSATfON SCHEDULE Consultant will complete the services on a time and materials basis per the current title code billing rates (Refer to Exhibit D.1 for the 201.7 rates). While the individual task amounts maybe exceeded, the total authorized amount will not be exceeded without written approval from the City. Task Description Compensation 1 Project Management and Meetings $6,115 2 Predesign $29,048 TOTAL $35,163 217004-000 Page 4 Exhibit D.1 KELLER ASSOCIATES, Inc. 20~ 7 TITLE CODE BILLING RATES 2017 Personnel Classification Hourly Rate Project Engineer - I (EI) $85.00 - $100.00 Project Manager - I (PE) $120.00 - $155.00 Project Engineer - lI (PE) $110.00 - $185.00 Project Manager - li (PE) $160.00 - $190.00 CAD - I $80.00 - $100.00 CAD - II $110.00 - $145.00 Engineering Student $65.00 Principal (PE) $210.00 - $225.00 Chief EngineerlStructural Engineer (PE, SE, PLS) $225.00 Senior Water Treatment Engineering $210.00 Structural Engineer - I (PE, SE) $155.00 Electrical Engineer - I (PE) $150.00 Electrical Technician $75.00 Professional Surveyor (PLS) $145.00 Surveyor $75.00 - $100.00 Field Representative $75.00 - $120.00 Clerical & Administration $65.00 - $85.00 Other Billing Terms Mileage: Billed at Federal Rate (currently $0.535 per mile Per Diem: $60.00 per day Subconsultants at Cost x 1.90 Reimbursable Expenses at Cost x 1.05 The Title Code Billing Rates are effective January 1, 2017 and will be adjusted each January of subsequent years New employees may be added throughout the yeas CONFIDENTIAL ,~•~•1 KELLASS-01 NWEISER ACURD' DATE {MMIDDIYYYYI CERTIFICATE OF LIABILITY INSURANCE oz~ozazol7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies}must have ADDITIONAL INSUR(=D provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does nofi confer rights to the certificate holder in lieu of such endorsements . PRODUCER NANTACT The Hartwell Corporation PHONE 20$ 459.167$ FAx 208 454.1114 PO Box 400 (Ar'c, No, Exti: ( ) (wc, Noy:( ) Caldwell, [D 83606 qpp IL . nancy@thehartwellcorp.com INSURERS AFFORDING COVERAGE NAIL # INSURERA:TravelerS Indemni Co of Am. 25658 INSURED INSURER B :Travelers Indemni Co 25666 Keller Associates, Inc. INSURER c :Travelers Casual and Sure 31194 131 SW 5th Ave, Ste A INSURER D : XL S eciai Insurance Co. 37$85 Meridian, ID 83642 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 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 ADDL SUB POLICY NUMBER POLICY EFF POLICDY EXP LIMBS A X COMMERCIAL GENERAL uABILITY EACH OCCURRENCE I $ 1,aaO,aoa CLAIMS-MADE ~X OCCUR X 680.4H953952 12J0112016 12101/2017 DAMAGE TO aEoNCE e ce $ 1,aao,aaa X CGD381 MEDEXP An one rson $ 1a,a0a PERSONAL & ADV INJURY 1,aaa,a00 GEN'L AGGREGATE LIRMIT APPLIES PER: GENERAL AGGREGATE $ 2,aaa,aOO POLICY a JECT ~ LOC PRODUCTS-COMPIOPAGG $ z,aOO,aoa OTHER: $ COMBINED SINGLE LIMIT 1 ~aaa~00a B AUTOMOBILE LIABILITY a acciden $ X ANY AUTO X BA-7877L468 12101!2016 1210112017 BODILY INJURY Per erson $ OWNED SCHEDULED AUTOS ONLY AUT05 BODfLY INJURY Per accident $ HIRED NON WNED PROPERTY DAMAGE AUTOS ONLY AUTO ONLY Per accident $ X CAT353 $ C X UMBRELLA LiAB X OCCUR EACH OCCURRENCE $ 4,aaa,aaa EXCESSLUIB CLAIMS-MADE CUP-8961X179 1210112016 1210112017 AGGREGATE $ 4,a0a,a00 DED X RETENTION $ 1 O,OOO $ C WORKERS COMPENSATION X STA UT OTH- AND EMPLOYERS' LIABILITY UB-9722Y081 1210112016 1210112017 1,a0a,00a ANY PROPRIETOR/PARTNERIEXECUTNE Y' N E.L. EACH ACCIDENT OFFiCERlM~MBER EXCLUDED? ~ N 1 A 1,aaa,aaa (Mandatory to NH) E.L, DISEASE - EA EMPLOYE $ If yyes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ p Professional Liabili DPR9909212 12101/2016 12/01/2017 Each Claim 2,OOO,000 p $100,000 deductible DPR9909212 12101/2016 12/01/2017 Aggregate 2,Oa0,0a0 DESCRIPTION OF OPERATIONS ! LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required} CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Ashland Public Works THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED fN Y ~ ACCORDANCE WITH THE POLICY PROVISIONS. 20 E Main Street Ashland, OR 97520 AUTHORIZED REPR~E,SE~NT~ATIVE ACORD 25 (2x16103) ©1988-2x15 ACORD CORPORATION. All rights reserved. The ACORD name and Togo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ARCHITECTS ENGINEERS AND SURVEYORS ~ a ~ This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 7. The following is added to SECTION II -WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your P Any person or organization that you agree in a work" and included in the " roducts- "written contract requiring insurance" to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance° specifically requires you to provide such a. Only with respect to liability for "bodily injury", coverage for that additional insured, and then "property damage" or "personal injury";and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage" that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV - COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization; or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" far which such person or insurance, whether primary, excess, contingent ar organization has assumed liability in a on any other basis, that is available to the additional Insured for a loss we cover. However, If contract or agreement. you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part must apply on a primary basis or a primary and e. This insurance does not apply on any basis to non-contributory basis, this insurance is primary any person or organization for which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss, and we will not Coverage Part. share with the other insurance, provided that: f. This insurance does not apply to the The "bodily injury" or "property damage" for rendering of or failure to render any which coverage is sought occurs; and "professional services". In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is 9• sought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent ar on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section Ili - person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 810915 ©2015 The Travelers Indemnity Company. All rights reserved. Page 7 of 2 includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The fallowing is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV -COMMERCIAL GENERAL "UVritten contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person ar organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a "written contract requiring insurance" with that person or organization. Vile waive this right a. After you have signed that written contract; only where you have agreed to do so as part of h, While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you before, and in effect when, the bodily injury or c. Before the end of the policy period. "property damage" occurs, or the "personal injury" offense is committed. Page 2 of 2 ©2095 The Travelers Indemnity Company. All rights reserved. CG D3 81 0915 ' includes the copyrighted material of Insurance Services Office, Inc., with its permission ,r COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 8USlNESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsemenl broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded ar limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE -Loss OF B. BLANKET ADDITIONAL INSURED USE -INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION C. EMPLOYEE HIRED AUTO EXPENSES -INCREASED LIMIT D. EMPLOYEES AS INSURED ,I. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS -INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO -LIMITED WORLDWIDE COV- LOSS ERAGE -INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OFDEDUCTIBLE -GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that person or organization qualifies as an "insured" The following is added to Paragraph A.1., Who Is under the Who Is An Insured provision contained An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: in Section II. r~ C. EMPLOYEE HIRED AUTO Any organization you newly acquire or form dur- ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or mare ownership interest and that is not Who Is An Insured, of SECTION II - COV- ERED AUTOS LIABILITY GOVERAGE: separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 18Qth day aver you acquire or form the or- operating an "auto" hired or rented under a ganization ar the end of the policy period, which- contract or agreement in an "employee's" name, with your permission, while performing ever is earlier. duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED Hess. = The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in 8.5., Who Is An Insured, of SECTION ll -COVERED Other Insurance, of SECTION IV BUSI- n~ AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: o~ Any person or organization who is required under b. Far Hired Auto Physical Damage Cover- a e, the following are deemed to be cov- a written contract or agreement between you and g r--- that person or organization, that is signed and eted "autos" you own: executed by you before the "bodily injury" or (1y Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- ~2y Any covered "auto" hired ar rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 0215 ~ 2015 The Travelers Indemnity Company. Ali rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services office, Inc. with its permission. ooi~ sz COMMERCIAL AUTO permission, while performing duties (a} With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of Hess. America, the territories and possessions However. any "auto" that is leased, hired. of the United States of America. Puerto rented or borrowed with a driver is not a Rica and Canada: covered "auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and invesiigaie or set- tle any such claim or "suit" and keep The following is added to Paragraph A,1,, Who Is us advised of al! proceedings and ac- An Insured, of SECTION II -COVERED AUTOS Lions. LIABILITY COVERAGE: (ii) Neither you nor any other involved Any "employee" of yours is an "insured" while us- "insured" will make any settlement ing a covered "auto" you don't own, hire or borrow without our consent. in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED (iii) We may, at our discretion, participate in defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a,{2), "suit". of SECTION II -COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to 53,000 for cost of bail bonds (in- pay as damages because of "bodily eluding bonds for related traffic law viola- injury" or "property damage" to which tions} required because of an "accident" this insurance applies; that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2,a.~4), graph C,, Limits Of Insurance, of of SECTION II -COVERED AUTOS LIABIL- SECTION II -COVERED AUTOS ITY COVERAGE: LIABILITY GOVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tian of such claims and your defense of the "insured" against any such F. HIRED AUTO -LIMITED WORLDWIDE COU- "suit", but only up to and included ERAGE -INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C,, Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II -COVERED AUTOS of SECTION IV -BUSINESS AUTO CONDI- LIA81L1TY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United Slates of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available eyed Autos Liability Coverage for any covered to the "insured" whether primary, excess. "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver far a period of 30 days or less tc) This insurance is not a substitute for re- and that is not an "auto" you lease. hire, rent aired or com also insurance in an or borrow from any of your "employees", gount autsidep he United States. its ter- partners cif you are a partnership), members ry ritories and possessions, Puerto Rico and {if you are a limited liability company) or Canada. members of their households. Page 2 of 4 J 2015 The Travelers Indemnify Company. All nghts reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services office, Inc with its permission. COMMERCIAL AUTO You agree to maintain al! required or (2) In or on your covered "auto". compulsory insurance in any such coup- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". fatal law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will coverage. nol invalidate the coverage afforded by this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III -PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "lass" to one ar ted or authorized insurer outside the more airbags in a covered "auto" you awn that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rica and Can- set forth in Paragraphs A.1.b. and A.1.c., but ado. We assume no responsibility for the only: famishing of certificates of insurance, ar a. If that "auto" is a covered "auto" for Campre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE -GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III -PHYSICAL DAMAGE We will pay up to a maximum of $1,OOa for any COVERAGE: one "lass". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2,a., of H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF SECTION 1V -BUSINESS AUTO CONDITIONS: USE -INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" ar "loss" is known TION III -PHYSICAL DAMAGE COVERAGE: ta: However, the mast we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner (if you are a partnership); X750 for any one "accident". (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE -TRANSPORTATION pony); EXPENSES -INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III -PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the "accident" or "loss". a= We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATJON m~ $1,500 for temporary transportation expense in- The following replaces Paragraph A.S., Transfer tarred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, erect "auto" of the private passenger type. of SECTION IV -BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III -PHYSICAL Others To Us DAMAGE COVERAGE: V11e waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" pare) and other personal property which is: or "loss", provided that the "accident" or "loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 0215 ®2015 The Travelers Indemnity Company. Ail rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 00219 COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your righls under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph 8.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancel{ation ornon-renewal. SECTION IU --BUSINESS AUTO CONDITIONS: Page 4 of 4 ~ 2015 The Travelers Indemnity company. A{► rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services office. Inc with its permission, r Fiscal Year 2017 Page: 1 of: 1 ~~fC~-~L~I~N1~E~l~~_~PP-~~~QN AI.I._==-= B Cit of Ashland ==~~-~~~~~E~ITS}-__ y _ _ _ ~ I ATTN: Accounts Payable - ~ 20 E. Main Purchase Order # ~`'r Ashland, OR 97520 T Phone: 541/552-2010 0 Email: payable@ashland.or.us V H C1O Engineering Division E KELLER ASSOCIATES, INC 151 Winburn Way D 70713TH ST SE STE 280 P Ashland, OR 97520 O SALEM, OR 97301 Phone: 5411488-5347 R O Fax:5411488-6006 _ =Vendor Phb-ne Number= _ Ve~r~or Fax Num~e_r_=. ~Re ~s~f~Qnlfre _~~~--i_ 208 288-1992 _ Scott Fleur _ Date Ordered= Vendor Num~~F _Da~>~quire~~ - _ m~~--- ~a = i# ~p== 03127/2017 87.5 FOB ASHLAND ORINET30 Cit Accounts Pa able lt~m#_ . _=Q~s~r~ t~Qrr1_~rfL~~ ~==n[-~~1~~tend~~_Rri~e- Pre-Design Terrace St Pump 1 Pre-Design of Terrace Street Pump Station, see attached scope 1 $35,163.0000 $35,163.00 of work. Approved by Council 03/2112017 Contract for Personal Services Beginning date: 0311612017 Completion date: 0312212019 Project Account: E-201531-100 GL SUMMARY 081900 - 704200 $35,163.00 S a~ - i 3 9~ a ~ E By: ~ ~ ~ ~ Date: p-~ s~° Authorized Signature - $35163.00 ~A; T.y # ~ CITY F lr I J - RE C~ U I S I T I ®N Date of request: 03/22/2017 Required date for delivery: ASAP Vendor Name Kpllpr A~,~riatas Address, City, State, Zip 131 SW 5th Av Suite A Meridian ID 83642 Contact Name & Telephone Number James Bledsoe, 208-288-1992 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emer enc ❑ 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 cote or ro osal attached At ~ ncil co ~n n' a _ If council a royal re uired, attach co of CC ❑ Small Procurement Re uest for o osal Co ies on file Cooperative Procurement Less than $5,000 ® g p ( p ) ❑ State of Oregon ❑ Direct Award Date approved by Council; 0312112017 Contract # -(Attach c,.., y of council c nication) ❑ VerballWritten quote(s) or proposal(s) ~ ~ ❑ State of Washington ~ ~ ` ~ Contract # Intermediate Procurement ❑ Sol ource 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; ❑ (3) Written proposalslwritten 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 Pre-Desi n of Terrace Street Pump Station, see attached scope of work. $35,163.00 9 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quotelproposal ~ ~ t~ $35,163.00 Project Number 2015 a 31 Account Number 6~~Q:~~~4~~~flfl 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 Dafe Support -Yes / No By signing this requisition form, I certify That the City's public contracting requirements have been satisfied, ~W~ ~ ~ Employee; ~ Department Head; M _ ~ S e r E o~ (qu I ~ greaten , 9~~ $ Cit Administrator: } r Department ManagerlSupervisor: ~ ~ 9~- y ' ~ .4,~ (Equ to or greater than $25,000) ~.u P Funds appropriated for current fiscal yeas ~ ~E~ NO ~ ~ ~ ~ ~ " Finance Director- (Equal to or greater than $5,000) Date Comments: Form #3 -Requisition ~OUn~il Business eetin Award of a Professional Services Contract in excess of $75,000 for Title: Design of a 2.5 MGD Water Treatment Plant and a 2.6 MG Potable Water Reservoir From: Scott A. Fleury Engineering Services Manager Scott.fleu aslland.or.us Summary: Before the Council is award of contracts for professional engineering services with Keller Associates and RH2 Engineering. The contracts are for preliminary engineering and analysis of a new 2.5 million gallon a day (MGD) water treatment plant and a 2.6 MG water treatment reservoir (tank) commonly known as Crowson II; Park Estates and Terrace St. pump station improvements; and peer review. The Council acts as the local contract review and approval board for formally solicited consultant services. Approval of the contracts will authorize staff to move forward with engineering per the approved scope of services. Actions, Options, or Potential Motions: • Move to approve a professional services contract with Keller Associates in the amount of $342,334 for the water treatment plant and Crowson II storage tank preliminary engineering phase 1. • Move to approve a professional services contract with Keller Associates in the amount of $48,703 for predesign engineering associated with Park Estates pump station improvements. • Move to approve a professional services contract with Keller Associates in the amount of $35,163 for predesign engineering associated with Terrace St. • Move to approve a professional services contract with RH2 in the amount of $68,380 to act as an owner's representative during preliminary engineering phase 1. Note: Staff has separated the Keller Associates contracts per project for improved tracking of invoicing in order to facilitate the loan reimbursement process with the IFA. Staff Recommendation: Staff recommends the Council approve a professional services contract with Keller Associates for stage 1 preliminary engineering, Park Estates Pump Station Improvements and Terrace St. Pump Station Improvements. Staff recommends the Council approve a professional services contract with RH2 for the peer review of Keller Associates stage 1 preliminary engineering. Page 1 of 5 C[ T Y O F ~S~L~ND Resource Requirements: Funds to support the complete project are allocated in the current biennium and will be budgeted accordingly in the FY18/19 biennium. The negotiated costs for the Keller Associates prelinz~nary contracts are as follows: l . Preliminary engineering WTPICrowson II $342,334* 2. Preliminary engineering Park Estates Pump Station $48,703 3. Preliminary engineering Terrace St. Pump Station $35,163 Total $426,200 The negotiated costs for RH2 peer review of all tasks for Keller Associates are as follows: 1. RH2 68,380* *If approved all contracts will be on a time and materials not to exceed amount, per task as authorized by the City. The City of Ashland has obtained a low interest loan from the IFA for $14,811,865 at 1.79% to fund the engineering and construction of the water treatment plant. The City will seek a general obligation bond to fund the Crowson II storage tank project at a future date. The Council previously approved a funding resolution, on December b, 2016, associated with the Crowson II storage tank project, reference attachment 5. Public Works staff will seek a bond obligation to cover costs associated with the Crowson II storage tank project. In addition, the City has a low interest loan from the IFA for $3,511,027 with $1,078,026 remaining to fund improvements to Terrace St. and Park Estates pump stations. This funding must be expensed by January of 2018 in order to stay incompliance with the loan requirements. The project will be managed and supported throughout the process by numerous public works staff representing a technical advisory group. Staff members include, Kevin Caldwell (project manager, Greg Hunter (treatment plant supervisor), Steve Walker (distribution supervisor), Michael Morrison (public works superintendent), Scott Fleury (engineering services manager) and other staff as needed. Keller Associates and Public Works staff will present infoi~nation and technical documents regarding the water quality and treatment process selection along with the sitting evaluation to AWAC for review and recommendations that will then be presented before City Council before proceeding forward with final design engineering. Policies, Plans and Goals Supported: The projects presented above represent the development and subsequent Council approval of the 2012 Comprehensive Water Master Plan Update. The water master plan update was the culmination of a multiyear effort between Carollo Engineers, AWAC and city staff. Council Goals: 22. Prepare for the impact of climate change on the community. Page 2 of 5 ~ I y p~ ~S ~ LAN D t Administrative Goals: 30. Deliver timely life-cycle capital improvements. Background and Additional Information: Request for Proposal Process On August 9, 2016 a Qualifications Based Selection (QBS) Proposal for professional services for the water plant and storage tank design was advertised on the Oregon Procurement Information Network (ORPIN), in the Daily Journal of Conunerce, the Mail Tribune, and posted on the City's website. A qualifications selection process entails selecting a consultant solely on their qualifications to perform the proposed scope of work. Once a consultant is selected a final scope and associated fee is developed. The QBS breaks the scope of work into three distinct phases for the water treatment plant and storage tank. • Contract Phase One -Preliminary Engineering • Contract Phase Two -Final Engineering, Permitting and Bidding Services • Contract Phase Three -Construction Engineering Services On September 27, 2016 the City of Ashland received four (4) proposals to provide engineering services for the development of the water treatment plant and storage tank. An approval team of Scott Fleury, Engineering Services Manager; Steve Walker, Water Distribution Supervisor; Greg Hunter, Water Treatment Plant Supervisor; Michael Morrison, Public Works Superintendent and Kevin Caldwell, Senior Project Manager completed a comprehensive review of the proposal. Each proposal was scored in accordance with the criteria listed in the Request for Proposal document. Scoring was conducted individually and independently by each team member with the scores totaled to determine the top ranked firm. The results of the scoring are as follows: CONSULTANT TOTAL SCORE RANK Keller Associates 45$ 1 Kennedy Jenks 456 2 RH2 Engineers 451 3 Carollo 441 4 Criteria Maximum Score Project Approach 20 Project Experience 20 Project Team Experience 20 Demonstrated Ability to Successfully Complete Projects On Time & Within Budget 20 Preliminary Design Project Sample 20 TOTAL 100 Points Page 3 of 5 C I Y O F ~SNLAND After initial scoring was completed staff decided it was best to move forward with an interview of all four consultant firms as allowed in the selection process. Interviews were scheduled with consultant teams on November 8th and 9th, 2016. The staff interview team was identical to the team that graded the paper proposals from all consultants. Each interview lasted approximately two and a half hours and each consultant team was provided discussion topics in advance of the interview. The results of the interview scoring are as follows: CONSULTANT TOTAL SCORE RANK Keller Associates 467 1 RH2 Engineers 451 2 Kennedy Jenks 43 7 3 Carollo 409 4 After determining the highest ranked proposer staff sent notice of intent to award a professional services contract to all proposers stating Keller Associates was the selected firm. Staff then entered into scope and fee negotiations with Keller Associates for the preliminary design of the treatment plant and Crowson II storage tank. Staff met with Keller and critical team members on December 7, 2016 to begin preliminary scope and fee negotiations for the project. Staff determined the best course of action to begin the preliminary engineering phase one, was to focus first on selection of a water plant treatment train and site evaluation. Through several discussions between staff and Keller, a final scope and fee was developed, reference attachment # 1. The scope and fee includes engineering work associated with the water treatment plant and Crowson II storage tank. Major scope items for the Water Treatment Plant and Crowson II storage tank preliminary engineering design stage 1 include: • Evaluate existing Talent Irrigation Supply line for re-purposing as a raw water transmission line to new plant • Analyze two sites for location of treatment plant and Crowson II storage tank (Concrete Pit and Granite Pit) • Analyze offsite piping connections to distribution system • Evaluate sizing need of Crowson II storage tank • Water Quality Analysis and Treatment Process Selection • Public meetings with Ashland Water Advisory Committee (AWAC) and City Council In addition to the Keller and Associates scope and fee, the proposal documents made allowance for the second ranked proposer if they accepted, the ability to act as the owners (City) representative to assist in peer review of all documents generated as part of the preliminary and final engineering phases. Page4of5 C~~Y DF ~SI~L~ND RH2 has agreed to support the City in this role and has provide their own scope and fee to act as the City's representative for an additional level of formal document/process review. Their scope and fee for preliminary engineering stage 1 and pump station improvement is referenced as attachment #4. Additional En~ineerin~ In addition, through the QBS negotiation process staff tasked Keller Associates with providing a scope of service for the preliminary design engineering for improvements to the Park Estates and Terrace St. pump stations. Engineering for these projects in conjunction with the water treatment plant and Crowson II reservoir is important as critical decisions for the projects moving forward are inherently linked. These pump stations were identified for improvement in the previously adopted master plan. These two pump stations are critical pieces of infrastructure within the distribution system and improvements to them have direct links with the engineering decision making process associated with development of the new plant and storage tank. Reference attachments 2 and 3 for the scope and fee breakdown for Park Estate and Terrace St. The QBS process and the City's request for proposal allow for flexibility in creating a final project scope through negotiation with the selected consultant and thus staff requests Council approve them as well. As required by the Infrastructure Financing Authority Loan (IFA) staff has forwarded all contract and scope documents to the City's regional loan coordinator for review and approval. The regional coordinator has approved all contract and scope documents referenced as attachments to this staff report. Attachments: 1. Keller Associates Stage 1 Preliminary Engineering Scope and Fee 2. Keller Associates Park Estates Pump Station Improvements Scope and Fee 3. Keller Associates Terrace St. Pump Station Improvements Scope and Fee 4. RH2 Peer Review and Owners Representative Scope and Fee 5. Resolution #2016-31 Page 5 of 5 j y Q F ~S~IL~ND