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HomeMy WebLinkAbout2017-110 Contract - Keller Associates Contract for PERSONAL SERVICES C 1 T Y o F CONSULTANT: Keller Associates Inc. ASH LAIC D CONTACT: James Bledsoe, P.E. 20 East Main Street Ashland, Oregon 97520 ADDRESS: 131 SW 5~' 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 b Cit Council) COMPLETION DATE: March 22, 2019 COMPENSATION: Not to exceed $48,703.00 SERVICES TO BE PROVIDED: Pre-Design Engineering services necessary for the replacement of the Park Estates 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 subordina#e to and interpre#ed 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 ofi 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, inconsideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as fiollows: 1. Findings I 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 Tabor, 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 banded. 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. Qwnership of-Documents: All documents prepared by Consultant pursuant to this contract shall b~ 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 amofunt 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 59D/o 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 an and all lasses, claims, actions, costs, ex enses, 'ud ments, subro ations, or other dama es resultin from Contract for Personal Services, Revised 0610212015, Page 1 of 8 injury to any person (including injury resulting in death}, or damage (including loss or destruction} to property, ofi 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 beheld responsible for any lasses, 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, ar 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 beheld 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. Obli. atq ion/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 far 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 656.097. 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 ofi any assigns ar 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 Gontract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the fallowing 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 2 000 000 for each claim, incident or occurrence. This is to cover damages caused by error, omission or ne li ent acts related to the rofessional services to be rovided under this contract. Contract for Personal Services, Revised 0610212015, Page 2 of 8 c. General Liability insurance with a combined single limit, or the equivalent, of not less than 2 000 000 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 1000 OOQ, for each accident for Bodily Injury and Property Damage, including coverage for owned, hired ar non-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 fram the Consultant or its insurer(s) to the City. f. Additional InsuredlCertificates 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 andlor 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, 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 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, fram 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 HEISHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, ar 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 [lability 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. Consultant: City of Ashland By ~ . By G~-~--- Signature Department ead Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order ~~~''f- ~~~s~ Ashland A ~t. Ci AttonioY Contract for Personal Services, Revised 0610212015, Page 3 of 8 Date ~ ~ ~ ~ EXHIBIT A CERTIFICATIONSJREPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a} the number shown on the attached vv-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i} it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii} the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) i# 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 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. >C~ (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. Contractor (Dot } Contract for Personal Services, Revised 0610212015, Page 4 of 8 1 1 ~ ~ ~ EXHIBIT B ~ o s an . , . , . , ~ per hour effective June ~0, 2~1G Increases ~annual~y~e~ery June 30 by the Consumer Priceindex) S~ - ~ - ~ , ~ portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten ormore employees, and childcare benefits to the has received financial amount of wages received by assistance for the project ar the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,283.20. include temporary orpart-time Ashland if the contract employees hired for less than exceeds $20,283.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department, details an applicability of this month if the employee spends policy, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal Cade Section employee's time in that month employers may add the value 3.12.020. working an a project or of heal#h care, retirement, Call the Ashland City Administrators o~iee at 541-488-6002 or write to the City Administrator, City Half, ?0 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to-Employers: This notice musfi be posted predominantly in areas where it can be seen by all employees. CITY OF ~,SHLAND Contract for Personal Services, Revised 06/02/2015, Page 5 of 8 "EXHIBIT 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 a[! entities that enter into direct contracts with the recipients of Safe Drinking Water Revolving loan funds SAM Registration: http://ww.sam.gav~portal/public/SAM/ DUNS Number NOTE: The SAM registration expires annually and must be kept active 8382$5500 until the SDWRLF ro'ect is closed Keller ociates ~ yawl ~ p Language to be included verbatim in contracts according to any accompanying instructions 1. Source of Funds Work under this contract is funded by the federal Safe Drinking Water Revolving Loan Fund through the Oregon Business Development Department and a partnership of Local and/or Private Funds. 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 or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these 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 shall address termination for cause and for convenience, including the manner by which it will be effected and the basis for 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 Persona[ Services, Revised 06J02I2015, Page 6 of 8 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, for federal government purposes, any intellectual property developed under this contract. Contractor shall secure from third parties the same license in the name of the U.S. E.P.A. regarding any intellectual property developed by third parties as subcontractors to perform this project, or developed under contract with the Contractor specifically to enable Contractor's obligations related to this project." 6. Inspections; information (language to be included in all construction contracts and subcontracts:) "Contractor sha{I 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 ar 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. 1358}, 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, for any contracts in excess of $100,000) (form f o! Lows) 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 Persona! Services, Revised 0610212015, Page 7 of 8 (1} No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. ~2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure 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 al( 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 $100,040 far each such failure. Signed r~ Title Date 3 i ~ Z ~ 1'~ Contract for Personal Services, Revised 06102/2Q15, Page 8 of 8 t • KELLER associates EXHIBIT D - SCOPE OF WORK PARK ESTATES PUMP STATION PREDESIGN Date: March 14, 2017 Project Number: 2015-31(KA# 217003-000) Project Name: Park Estates Pump Station Replacement PROJECT DESCRIPTION The existing Park Estates Pump Station limits the usable storage in the Crowson I Reservoir. The pump station needs to be replaced to provide the future domestic and fire demands of the service pressure zone. The City intends to replace the existing pump station before December 31, 2017. Services to be completed by the Consultant are described below in the Scope of Work. These services will be will be completed incoordination 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, invoicing, progress reports, and internal project administration. 1.2 Consultant shall attend one project meeting and participate in up to two conference calls with City staff during the predesign phase. Assumptions: 1.3 City to provide forum for meetings. 1.4 Project will be funded with Infrastrucfiure Finance Authority (IFA) funding. Funding administration services will be provided by others. Task 2 - Predesign Consultant Responsibilities: 2.1 Review firm capacity requirements, and existing and future fire, average summer, average winter, peak day and peak hour water demands (provided by others. 2.2 Evaluate possible relocation of pump station to three alternative sites. These sites include adjacent to existing generator pad across the street from Crowson I, adjacent to the existing Crowson f site, and on top of the Crowson I tank. 2.3 Review the previous two years of available pump run time and available flow meter data and compare to modeled data for the pressure zone. Engineering Solutions, Satisfied Clients Bend • Clarkston • Idaho Falls • Meridian • Pocatello • Rock Springs • Roseville • Salem Exhibit D -Scope of Work 2.4 Evaluate alternative pump sizes and types and make a recommendation forthe pump selection. Evaluation includes an initial review of two pump types of similar size, 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 for high-efficiency systems. 2.5 Develop concept plans. 2.6 Complete topographic surveying forthe proposed site after final site selection. 2.7 Complete a geotechnical investigation for the proposed site after final site selection. 2.8 Evaluate the consolidation of the first user station, generator, and electrical components with the Park Estates Pump Station. 2.9 Evaluate benefits and drawbacks of grouping project with Terrace Street Pump Station for final design and construction. 2.10 Prepare Class 5 opinion of probable cost for the alternatives considered. Refine estimate to Class 4 estimate for preferred alternative. 2.11 Prepare a draft predesign report. Respond to City comments, and prepare final predesign report. City Responsibilities: 2.12 Provide timely review of predesign report. 2.13 Provide existing and future design pressures and flows for average winter, average summer, max day, and peak hour conditions. 2.14 Provide available record drawings far Crowson I Reservoir, pipeline connecting Crowson I Reservoir to Park Estates Pump Station, and pump station. 2.15 Provide information on existing electrical, generator and pumps, including existing pump curves. 2.16 Provide supplemental fieldwork as needed {if available). Assumptions: 2.17 City intends on moving forward with Alternative 2 identified in the Hydraulic Analysis for Upper Crowson Pressure Zone improvements dated November 15, 2016 prepared by RH2). This identifies the new Park Estates Pump Station servicing the existing Park Estates service area and the South Mountain Pump Station. 2.18 Existing and future pressure zone demands, firm capacity requirements, and target design pressure to be provided by others. 2.19 No environmental, land use, hillside development, or other permitting are included as part of this task. These services, if required, will be completed as part of Task 6. 217003-000 Page 2 Exhibit D - Scope of Work 2.20 No boundary surveys or easements will be required. 2.21 Evaluation of water quality and treatment will not be needed. 2.22 Scope is limited to the pump station site and adjacent yard piping. Design of offsite piping, pressure zone modifications, and other offsite improvements is not included in Scope of Work. 2.23 Reuse of existing generator will not be evaluated. Existing generator will be salvaged and returned to the City. Deliverables: 2.24 Predesign report for pump station draft and final}. SCHEDULE Consultant intends to complete draft predesign report within 30 days. This schedule assumes a seven calendar day turn-around on City reviews and requests for information. Surveying and geotechnical services are anticipated to occur following City's review of the draft predesign report. COMPENSATION 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 2017 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 $6,655 2 Predesign $42,048 TOTAL $48,703 217003-000 Page 3 Exhibit D.1 KELLER ASSOCIATES, Inc. 2017 TITLE CEDE BILLING RATES 2017 Personnel Classification Hourly Rate Project Engineer - I (El) $85.00 - $100.00 Project Manager - I (PE) $120.00 - $155.00 Project Engineer - II (PE) $110.00 - $185.00 Project Manager - li (PE) $160A0 - $190.00 CAD -1 $80.00 - $100.00 CAD - Il $110.00 - $145.00 Engineering Student $65,00 Principal (PE) $210.00 - $225.00 Chief EngineerlStructural Engineer (PE, SE, P[,S) $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 1.10 Reimbursable Expenses at Cost x 1.05 The Title Code Billing Rates are effective January 1, 2017 and wi11 be adjusted each January of subsequent years New employees may be added throughout the yeas CONFlDFNTIAL KELLASS-01 NWEISER ACC7RD9 CERTIFICATE 4F LIABILITY INSURANCE DATE(MMIDDIYYYY) ~ 4210212017 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 ISSU}NG INSURERS},AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri hts to the certificate holder fn lieu of such endorsement{s}. CONTACT PRODUCER NAME The Hartwell Corporation PHONE 208 459.1fi78 F'~ 208 454-1114 PO Box 400 (A►C, No, Ext): ( ? (A1C, No):( ~ Caldwell, ID 83606 aooRlESS: nancy@thehar'tWellcorp.com INSURER S AFFORDING COVERAGE NAIC # _ INSURERA:Travelers (ndemni Co of Am. 25fi58 INSURED INSURERB:TraVelerS (ndemni Co 25fifi6 Keller Assaciates,lnc. INSURERC:Travelers Casual and Sure 31194 131 SW 5th Ave, Ste A INSURERD:XL S ecial Insurance Co. 37885 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. tNSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MOLICY EFF POIDCDY EXP LIMITS A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE a OCCUR X 680-4H953952 1210112016 12101/2017 DAMAGE TO RENTED 1~OOQ~OQQ Ea occu ence $ X CGD3$1 MED EXP An ane ersan $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2'000'000 POLICY aPRO- ❑ LOC PRODUCTS - COMPIOP AGG $ 2,000,400 JECT OTHER: EO aB~NdeD SINGLE LIMIT $ 1,000,000 B AUTOMOBILE LIABILITY X ANY AUTO X BA-7877L468 12/0112016 1210112017 BODILY INJURY Per arson $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-QSNMED PeQaccidenDAMAGE $ AUTOS ONLY AUTO ONLY X CAT353 $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE CUP-8961X179 1210112416 1210112017 AGGREGATE $ 4,000,000 DED X RETENTIONS 10,000 $ C WORKERS COMPENSATION X PTR OTH- ANDEMPLOYERS' LIABILITY UB-9722Y081 1210112016 12/01/2017 1,000,000 ANY PROPRIETORIPARTNERIEXECUTIVE Y1 N E.L, EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑N N 1A 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E,L. DISEASE -POLICY LEMIT $ p Professional Llabili DPR9909212 1210112016 12101/2017 Each Claim 2,000,000 p $100,000 deductible DPR9909212 1210112016 12101!2017 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 109, Additional Remarks Schedule, maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Ashland, Public Works THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREp 1N ty ACCORDANCE WITH THE POLICY PROVISIONS. 20 E Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATNE a~,~ . J / . f, ~4"w ACORD 25 (2016103} Q ©1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ~ARGHITECTS, ENGINEERS AND SURVEYORS} This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" ar "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "writtencontract requiring insurance" to include as completed operations hazard" unless the an additiona{ 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 ar 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 ar organization; or The insurance provided to the additional insured d. For "bodily injury", "propert~r damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary, excess, contingent or organization has assumed liability in a on any other basis, that is available to the addEt~onal insured for a loss we cover. However, if contract or agreement. you specifically agree in the "written contract The insurance provided to such additiona[ 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 (1} The "bodily injury" or "property damage" for rendering of or failure to render any which coverage is sought occurs; and "professional services". (2} The "personal injury" for which coverage is g. In the event that the Limits of Insurance of the 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 stilt 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 or 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 Ill - 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 following 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 "Written cantract requiring insurance" means that LIABILITY CONDlT[ONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person ar organization as an against any person or organization because of additional insured an 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, ar on your behalf, done caused by an offense committed: under a "written cantract requiring insurance" with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. 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" ar e. Before the end of the policy period. "property damage" occurs, ar the "personal injury" offense is committed. Page 2 of 2 ©2015 The Travelers Indemnity Company. A!I rights reserved. CG D3 81 09 75 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement 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 or limited by such an endorsement. The following listing is a general c~ver- 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 io determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF 8. BLANKET ADDITIONAL INSURED USE -INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT D. EMPLOYEES AS INSURED 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 OF DEDUCTIBLE -GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The fallowing is added to Paragraph A.1., Who is person or organization qualifies as an "insured" under the Who Is An Insured provision contained An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO N____ ing the policy period over which you maintain 1. The following is added to Paragraph A.1., o Who Is An Insured, of SECTION II - COV- 50 /o or more ownership interest and that is not ERED AUTOS LIABILITY COVERAGE: separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or 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 bust- 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 II -COVERED Other Insurance, of SECTION IV - BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. Far Hired Auto Physical Damage Cover- a e the fallowin are deemed to be cov- a written contract or agreement between you and g ~ 9 that person or organization, that is signed and eyed "autos" you own: executed by you before the "bodily injury" or ~1} Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or barrow; and during the policy period, to be named as an addi- (2} Any covered "auto" hired or 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 S3 0215 209 5 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission, 002192 COMMERCIAL AUTO permission. while performing duties (a) With respect to any claim made or "shit" related to the conduct of your bust- brought outside the United States of Hess. America, the territories and possessions However. any "auto" chat is leased, hired. of the United States of America. Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in- D, EMPLOYEES AS INSURED sured" against, and investigate or set- tle any such claim or "suit" and keep The fallowing is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II -COVERED AUTOS tions. LIABILITY COVERAGE: (ii) Neither you nor any other involved Any "employee" of yours is an "insured" while us- "insured" will make any settiemer~t 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 li -COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" far 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" ar "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 COVERAGE. (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 Pram wark. lion of such claims and your defense of the "insured" against any such F, HIRED AUTO -LIMITED WORLDWIDE COV- "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- LIABILITY 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 States 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 erect 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 for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease. hire, rent quired or compulsory insurance in any or barrow from any of your "employees", country outside the United States. its ter- partners cif you are a partnership}, members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 J 2415 The Travelers Indemnity Company. All rights reserved. CA T3 53 Q215 Includes copyrighted material of {nsurance Services Office. Inc with its permission. COMMERCIAL AUTO You agree to maintain all required or (2~ In ar on your covered "auto". compulsory insurance in any such coon- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Persona! Property compulsory insurance requirements will coverage. not invalidate the coverage afforded by this policy, but we wiN only be liable to the K. AIRBAGS same extent we would have been liable The fallowing is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECT{ON III -PHYSICAL DAMAGE surance requirements. COVERAGE: (d~ It is understood that we are not an admit- Exclusion 3.a. does not apply to "lass" io one or led or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories Hate 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: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- 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. bie, of SECTION III - PHYSIGAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one "loss". 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 fallowing 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 fallowing 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" or "loss" is known TION III -PHYSICAL DAMAGE COVERAGE: to: However, the most 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}; 5150 for any one "accident". (c~ A member (if you are a limited liability com- I. PHYSICAL DAMAGE TRANSPORTATION pony}; EXPENSES -INCREASED LIMIT (dj 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 Ill -PHYSICAL DAMAGE COVER- (e} Any "employee" authorized by you to give no~ AGE: tice of the "accident" or "toss". We will pay up to a50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curved by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto" of the private passenger type. of SECTION tV -BUSINESS AUTO CONDI- o~ 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: We waive any right of recovery we may have U` 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" parel and other persona! property which is: or "loss", provided that the "acciden#" or "loss" (1) Owned by an "insured";and arises out of operations contemplated by CA T3 53 0215 ©2015 The Travelers Indemnity Company. All rights reserved. Page 3 Of 4 Includes copyrighted material of {nsurance Services Office, Inc, with its permission. 002193 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 rights under this insurance. Haw- N. UNINTENTIONAL. ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise out right of cealment, Misrepresentation, Or Fraud, of cancellation ornon-renewal. SECTION IV --BUSINESS AUTO CONDITIONS: Page 4 Of 4 ~ 2015 The Travelers lndemrnty Company. All 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 ~~~{1~~1~1~6~1~'€APPEAI34~N ~l.L ~ City of Ashland - - - - _ _ I = - _ ~ ATTN: Accounts Payable Purchase Q 20 E. Main 6`1. V ~ L Ashland, OR 97520 Order # T Phone: 5411552-2010 i0 Email: payable@ashland.or.us J s ~U H CIO Engmeenng Division ~ E ~ KELLER ASSOCIATES, INC 151 Winburn Way D i 70713TH ST SE STE 280 P Ashland, OR 97520 O SALEM, OR 97301 Phone: 5411488-5347 R ~ T Fax: 5411488-6006 0 ~__--T{ILTISTS'Fl -1/end~r Phone Number ~ _V~n~Qr ~ Num~r =~3~~~atstt«n-1~~am6-~ _ - 208 288-1992 Scott Fleur _ _ - Date Qrdere~_ llendQr_Numb~r _Qate,R~gyire~ _ _-_--___~_~_~~71~t~=~-~--'._--~~----- ~ : - - 0312712017 875 FOB ASHLAND ORINET30 Cit Accounts Pa able _ _ _ _ _ _ - I=~=klP~l~~. ~~~n~e~ F~ric~e= -It~m# _ _ _ - __De~~ri tion°LPa~tl~fl _ = . Pre-Design Park Estates Pump 1 Pre-Design of the Park Estates Pum Station, see attached scope 1 $48,703.0000 $48,703.00 of work. Approved by Council 031211017 Contract for Personal Services Beginning date; 0312212017 Completion date: 0312212019 Project Account: E-201531-100 GL SUMMARY ~ 081900 - 704200 $48,703 00 ~ ~ ~ ~ I _ is ~~i ~ !c, a ~~sa d By: ~ ~ Date: ~ - Authorized Signature $48 703.00 9 f~; p. v c ~ q A ..-*f" ~ ~ CITY ~F rl:_> , R E U~ S I I ®N Date of request: 03122/2017 Required date for delivery; ASAP Vendor Name KpllP-r ASSnri~tPS 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 ❑ Emergency ❑ Reason for exemption; ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2,50 Date approved by Council; ❑ Written quote or proposal attached ❑ Written uote or ro osal attached _ Atfa~i~o ~ ~~'~~~uncir_ , ~i 1 ~ ~ ` _ If council a royal re wired, attach co of CC ' Cooperative Procurement ❑ Small Procurement Less than $5,000 ®Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council; 0312112017 Contract # -(Attach cop f~council comr~untion) State of Washin ton ❑ UerbaUWritten quote(s) or proposal(s) ~ ,x ~ - ~ ❑ 9 Contract # Intermediate Procurement ❑ Sole Source GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $51000 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 far Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposalslwrittenso1icitation 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 the Park Estates Pum Station, see attached scope of work. $48,703,00 9 P Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quotelproposal $48 703.00 ~ ~ ~ ~ ~ 7a~ f~~ ' Project Number 2015 ~ 31 Account Number 6~~~9~D~~44~0~ *Expendifure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. 1T Director in collaboration with department to approve al{hardware and software purchases: IT Director Date Support -Yes / No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied, _ Em to ee: ~ Department Head: ~ -ai t w pY 0 - - r~ F~~ k(Equa1' o rg -#er~a,0 0) i j ~ r Department ManagerlSuperviso~~ ~ ~ ~ ~ City Administrator: ~ (Equal o or greaterthan $25,000} Funds appropr~afed for current fiscal year: YES / ~ ~ ~ ~ ~ ~ g - _ _ Finance Director- (Equal to or greater than $5, 000) Dafe Comments: Form #3 -Requisition auncil using satin i 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~ ~asl~land.or.us Summar 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 CITY 0 f ~S H LAN I~ Resource Requirements: Funds to support the complete project are allocated in the current biennium and will be budgeted accordingly in the FY18119 biennium. The negotiated costs for the Keller Associates preliminary contracts are as follows: 1. Preliminary engineering WTP/Crowson II $342,334* 2. Preliminary engineering Park Estates Pump Station $48,703* 3 . Preliminary engineering Terrace St. Pump Station $3 5,1 b3 * 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 information 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 CITY Q F ~~~LAND 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 Commerce, 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 458 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 Page3of5 ~C~[Y OF ~S~IL~NI~ 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 Stn 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 #l. 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 CI`[Y ~F ~~~LAND 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 Page5of5 CI~CY OF ~S~LAND