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HomeMy WebLinkAbout2018-073 RH2 Engineering ORIGINAL - PAGE NO. 1 OF 7 PAGES AMENDMENT NO. 2 to PERSONAL SERVICES AGREEMENT ; between THE CITY OF ASHLAND, an Oregon municipal corporation, City") and RH2 Engineering Inc., ("Contractor") for Hosler Dam Safety SERVICES RECITALS A. The City and Contractor previously entered into a Personal Services Agreement effective October 1, 2017 (the "Agreement") to Contractor provide general services as requested for a Dam Safety Engineer related to the Federal Regulatory Commission regulations and inspections of Hosler Dam; and B. The City and Contractor wish to amend the Agreement to increase compensation. AGREEMENT NOW THEREFORE, in consideration of the mutual benefits and obligations set forth herein, the parties agree as follows: 1. Amend the Compensation as follows, with strikeout wording deleted and underscored wording added: COMPENSATION: $80,8 $118 952.00 aster attached Exhibit A. 2. This Amendment No. 2 is effective upon being signed by both parties. 3. Except as specifically modified by this Amendment No. 2, the terms and conditions of the Agreement AND Amendment No. 1 remain in full force and effect. IN WITNESS WHEREOF the parties have caused this Amendment No. 2 to be signed in their respective names by their duly authorized representatives as of the dates set forth below: Page 1 of 2: Amendment No. 2 to Personal Services Agreement ORIGINAL - PAGE NO. 2 OF 7 PAGES C~I~T/Y OF ASHLAND, OREGON RH2 Engineering Inc. (CONTRACTOR) ffjpr` By: By: Printed Name: Printed Name: Richard L. Ballard Title: r l7rr A(Au to j sr" TVA- Title: Director Date: 1-t-1 z0loo Date: 12/26/2018 Page 2 of 2: Amendment No. 2 to Personal Services Agreement ORIGINAL - PAGE NO. 3 OF 7 PAGES EXHIBIT A Scope of Work City of Ashland FY 2018/19 Chief Dam Safety Engineer Services Amendment No. 2 - Continued FERC Coordination November 2018 Background The City of Ashland (City), under requirement by the Federal Energy Regulatory Commission (FERC) license, is required to employ or contract with an expert approved by FERC to serve as the City's Chief Dam Safety Engineer for the Reeder Gulch Project (Project). The City contracted with RH2 Engineering, Inc., (RH2) to act as the chief dam safety engineer during Fiscal Year (FY) 2017/18 and extended that period through FY 2018/19 with Amendment No. 1 dated August 6, 2018. Amendment No. 2 provides funding for RH2's continued work as the chief dam safety engineer until FERC approves an engineer that is employed by the City. A City- employed engineer should be able to meet the qualifications within 2019. RH2 will perform the tasks described below up to the amount included in the attached Exhibit B - Fee Estimate. If additional effort is needed, that extra work will be mutually determined by the City and RH2. In support of this work, RH2 will use as-is data and rely upon any data, information, or materials provided or generated by the City or others in relation to this effort. City acknowledges that a timely review and comment of documents is necessary to meet end of year deadlines for some tasks. Task 1- Obtain FERC Approval of City Employed Chief Dam Safety Engineer Objective: Obtain FERC approval of an existing City engineer to perform the duties as the designated FERC Chief Dam Safety Engineer for the Project. Approach: 1.1 Incorporate the designated staff member in the preparation and submittal of documents to FERC. 1.2 Obtain the provided or developed FERC training for City staff. 1.3 Prepare the City staff resume specifically for submission to FERC as the City's Chief Dam Safety Engineer. Assumptions: • The City will designate a licensed engineer employee for submission as the Chief Dam Safety Engineer to the FERC. • Selected candidate is not guaranteed to be approved by the FERC. Provided by City: • Designate a staff person to be the Chief Dam Safety Engineer and provide the training and travel funds as necessary to obtain the required training. 1 12/10/2018 4:37 PM Z\Bothe11\Data\COA\1017-146 Dam Safety\Contract\A mend ment 2\AMEND No. 2 SOW Dam Safety Engineer 20181203.docx ORIGINAL - PAGE NO.4 OF 7 PAGES City of Ashland Exhibit A Amendment No. 2 - Continued FERC Coordination Scope of Work RH2 Deliverables: • Resume for the proposed Chief Dam Safety Engineer; one (1) copy in 8'/:-inch by 11-inch format. Task 2 - Dam Safety Surveillance and Monitoring Objective: Coordinate with the City to prepare and submit the necessary documents and work products to FERC for review and approval. Approach: 2.1 Perform the inspection as Chief Dam Safety Engineer for the City's Project jointly with the City for the 2018 calendar year and prepare the report for FERC. 2.2 Assist in revising the emergency action plan (EAP) based on 2018 FERC inspection comments. 2.3 Jointly with City staff conduct 2018 EAP training for City staff, potentially including a table top exercise of the EAP. 2.4 Assist with the preparation and submittal of the annual Security and Gate Opening documents to FERC before December 31, 2018. 2.5 Assist to revise the Owner's Dam Safety Program (ODSP) as necessary and perform the list of work items that FERC requires of the Chief Dam Safety Engineer. a) Arrange for an "Independent Consultant" review of the City's implementation of the Owners Dam Safety Program (ODSP). b) Review the construction plans for any proposed modifications or major maintenance on the Project. Assist in preparing scopes of work and in selecting consultants and contractors for work on FERC-licensed facilities. c) Prepare the required certification that the Project is safe to operate. 2.6 Meet with FERC staff and consultants for facility inspections. Assumptions: • The City is responsible for the controlled distribution of the updated versions of the EAP. • The City will provide access and staff for on-site observations, facility inspections, and FERC meetings. • Available information and occasional travel to the City for site visits, training, and meetings with City staff, will be utilized in this Task. Provided by City: • Staff to assist in inspections and testing of facilities and plans, review, and comment on draft submittals, and formally submit them and any needed revisions to FERC. RI-12 Deliverables: • Draft reports in approved FERC format for City review and comment; one (1) copy each in 81/2-inch by 11-inch format and in digital form. • Final report copies in approved FERC format for submission by the City to FERC for approval; three (3) copies each in 8y:-inch by 11-inch format and a digital format version for City records. 2 12/27/20189:03 AM Z:\Bothe11\Data\COA\1017-146 Dam Safety\Contrad\Amendment 2\AMEND No.2 SOW Dam Safety Engineer 20181203.dmx ORIGINAL - PAGE NO. 5 OF 7 PAGES City of Ashland Exhibit A Amendment No. 2 - Continued FERC Coordination Scope of Work Task 3 - Generate or Update Required FERC Documents Objective: Coordinate with the City to prepare and submit the listed required documents to FERC for review and approval. Approach: 3.1 Assist in the update of the Dam Safety Surveillance and Monitoring Plan (DSSMP) to incorporate changes required by the Part 12 and the FERC annual inspection comments. 3.2 Assist with the development of the EAP annual status report for 2018. 3.3 Jointly with City staff complete the Security Plan. 3.4 Assist with preparation of the Dam Safety Surveillance and Monitoring Report (DSSMR) for 2018. 3.5 Update Supporting Technical Information Documents (STID) to include changes to Chapter 1 (Part 12 report), Chapter 7 (revised DSSMP), Chapter 6 (incorporate erosion analysis by AECOM). Provided by City: • Staff to assist in gathering data required for the reports and to review, comment on, and submit to the FERC the final documents once prepared. RH2 Deliverables: • Draft version of the listed documents in approved FERC format for City review and comment; one copy each in 81/:-inch by 11-inch format. • Final versions of each document meeting FERC submittal criteria for City submission to FERC for approval, which may include up to three (3) hard copies in 8%:-inch by 11-inch when required by FERC and a digital format version for City records. Assumptions: • Available information and occasional travel to the City for site visits and meetings with City staff will be required for this Task. Payment Payment for the above Scope of Work is on a time and materials basis as estimated in Exhibit a - Fee Estimate. The total cost of the work performed will not exceed $38,226.00 unless specifically authorized by the City. RH2 charges shall conform to those presented in Exhibit C - 2018 Schedule of Rates and Charges. 3 12/10/20184:37 PM Z:\Bothe11\Data\COA\1017-146 Dam Safety\Contract\Amendment 2\AMEND No.2 SOW Dam Safety Engineer 20181203.doca ORIGINAL - PAGE NO. 6 OF 7 PAGES EXHIBIT B City of Ashland FY 2018/19 Dam Safety Engineer Service Amendment No.2- Continued FERC Coordination Fee Estimate Description Total Hours Total Labor Total Expense Total Cost Task1 Obtain FERCA royal of City Employed Chief Dam Safe Engineer 12 $ 1,870 $ 48 $ 1,918 Task2 Dam Safe Surveillance and Monitoring 123 $ 18,384 $ 1,901 $ 20,285 Task3 Generate or Update Required FERC Documents 117 $ 15,439 $ 584 $ 16,023 _PROIECFTOTAL 252 $ 35,693 $ 2,533 $ 38,226 ZAB.....AD...\COA\1m1146 D.- 5....r\C.......W.......... MMENO N..2 FEE COA D... 5...., E.-...20181203..... 1211012018 4:35 PM ORIGINAL - PAGE NO. 7 OF 7 PAGES EXHIBIT C RH2 ENGINEERING, INC. 2018 SCHEDULE OF RATES AND CHARGES RATE LIST RATE UNIT Professional1 $124 $/hr Professional II $134 $/hr Professional III $141 $/hr Professional IV $155 $/hr Professional V $168 $/hr Professional VI $182 $/hr Professional VII $198 $/hr Professional VIII $210 $/hr Professional IX $210 $/hr Technician 1 $77 $/hr Technician II $84 $/hr Technician III $84 $/hr Technician IV $91 $/hr Administrative 1 $59 $/hr Administrative 11 $73 $/hr Administrative III $89 $/hr Administrative IV $107 $/hr Administrative V $125 $/hr CAD/GIS System $27.50 $/hr CAD Plots - Half Size $2.50 price per plot CAD Plots - Full Size $10.00 price per plot CAD Plots - Large $25.00 price per plot Copies (bw) 8.5" X 11" $0.09 price per copy Copies (bw) 8.5" X 14" $0.14 price per copy Copies (bw) 11" X 17" $0.20 price per copy Copies (color) 8.5" X 11" $0.90 price per copy Copies (color) 8.5" X 14" $1.20 price per copy Copies (color) 11" X 17" $2.00 price per copy Technology Charge 2.50% % of Direct Labor price per mile Mileage $0.545 (or Current IRS Rate) Subconsultants 15% Cost + Outside Services at cost Rates listed are adjusted annually. Council Business Meeting December 4, 2018 Agenda Item Approval of Dam Safety Engineer Contract Amendment From Paula Brown PE Public Works Director Contact Pau Ia. brown(&-ashland.or.us 541.552.2411 SUMMARY Before the Council is a professional services contract amendment in excess of 25% for Chief Dam Safety Engineer Services. As the owner/operator of Hosler Dam and Reeder Gulch Power Plant, the City of Ashland must comply with Federal Energy Regulatory Committee (FERC) requirements for the project. Specific FERC requirements include various reviews, inspections, technical studies and annual reporting requirements. This work requires specialized experience and expertise in dam safety engineering and the individual/firm performing the work must be approved by FERC. The original contract for $80,686, was approved by council on October 17, 2017. This change order will increase the contract amount by $38,226, or 47%, to a total of $118,952. The contract will continue through the end of this fiscal year. POLICIES, PLANS & GOALS SUPPORTED Council Goals: 4. Evaluate real property and facility assets to strategically support city mission and goals. 22. Prepare for the impact of climate change on the community. Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Deliver timely life cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and financial resources PREVIOUS COUNCIL ACTION At the October 17, 2017 business meeting, Council authorized a special procurement contract with RH2 Engineering, specifically Mr. Robert Willis, PE, to perform engineering services associated with dam safety as a FERC licensee. The contract was for $80,686 and was expected to be completed within one year to perform inspections, assist in completing prior Part 12 revisions and initiate a new Part 12 contract with an independent consultant. BACKGROUND AND ADDITIONAL INFORMATION The City of Ashland generates hydroelectric power at a powerhouse located at the water treatment plant. As the City is a purveyor of hydropower, it is obligated to follow FERC requirements for management and improvement of the "project" which includes Hosler Dam. The City follows FERC Part 12 dam safety requirements. These requirements set standards that must be followed to ensure the safe operation of the dam and related "project" elements and provide protection for the citizens of Ashland. As a Part 12 licensee sound and prudent engineering practices must be utilized in any action relating to the design, construction, operation, maintenance and repair or modification of the system. Each year the City must submit specialized documentation to FERC detailing the dam owner's inspection, safety considerations, emergency concerns, and Page 1 of 2 CITY OF -ASHLAND document any work performed. This reporting and associated documentation must be stamped by an engineer with specific dam safety engineering experience and approved by FERC. Since award of the original dam safety engineer contract work, R1-12, Bob Willis, has performed numerous reporting and inspection tasks as required by FERC and within the approved scope of services. To stay within the FERC dam safety requirements for inspection and reporting, a continuation of the contract is necessary while existing staff train and support RH2 to become recognized as the City's dam safety engineer. It is the City's intent to have Scott Fleury, PE, Deputy Public Works Director, become the FERC approved Dam Safety Engineer. FISCAL IMPACTS The change order is for $38,226 which would bring the total expenditure to $118,952. Funds for this purpose are appropriated in the water supply and electric funds and all costs are shared equally between the two funds. Soft costs include City staff time working with the Chief Dam Safety Engineer to develop technical documents and attending required training to eventually be recognized by FERC as a staff dam safety engineer. It is anticipated that future dam safety engineering will be completed by City staff, thereby eliminating the need for this contract and expenditure of funds in future years. STAFF RECOMMENDATION Staff recommends approval of the change order with RI-12 Engineering to perform dam safety engineer services. ACTIONS, OPTIONS & POTENTIAL MOTIONS I move to approve a change order with RI-12 Engineering, Bob Willis, PE, for Dam Safety Engineer in the amount of $38,226, to a new not to exceed total of $118,952. I move to direct staff to conduct a new solicitation for the required dam safety engineer services. REFERENCES & ATTACHMENTS Attachment 1: RI-12 Contract Amendment #2 I Page 2 of 2 CITY OF ASHLAND Purchase Order Fiscal Year 2018 Page: 1 of., 1 B City of Ashland I L 20 E. Main - ATTN: Accounts Payable Purchase L Ashland, OR 97520 Order# 20181090 T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Public Works Department E RH2 ENGINEERING, INC 1 51 Winburn Way D 22722 29TH DRIVE SE, SUITE 210 In Ashland, OR 97520 O BOTHELL, WA 98021 Phone: 541/488-5347 R OT Fax: 541/488-6006 _ Paula Brown 11/02/2017 1229 FOB ASHLAND OR Ci Accounts Pa able U. -I Hosler Dam Safety Engineer 1 General services as requested for a dam safety engineer related 1 $80,686.0000 $80,686.00 to the FERC regulations and inspections for Hosler Dam as described in Exhibit C. Contract for Personal Services Beginning date: 10/01/2017 Completion date: 08/31/2018 Processed change order 08/15/2018 Completion date extended to 06/30/2019 Project Account: Project Account: 2 ADDED: Processed change order 01/03/2019 1 $38,266.0000 $38,266.00 Amendment No. 2 Continued FERC Coordination Project Account: Project Account: GL SUMMARY 081500 - 604100 $62,637.02 111500 - 602400 $56314.98 By Date: 113119 - - Auto orized Signature = 118 952.00 FORM #10 , CITY OF CONTRACT AMENDMENT APPROVAL REQUEST FORM P1S H LAN D Request for a Change Order Name of Supplier/ Contractor/ Consultant: RH2 Engineering. me. 16611iamount.6btfils. contractamend`ment;• Purchase Order Number: 20181090 p Title I Description: Hosier Dam Safety Engineering ' $ 38266:_60' - . W Per attached contract amendment w_,-_.__:.. Contract Amendment Original contract amount $ 80686.00 100 % of original contract Total amount of previous contract amendments 0 0 % of original contract Amount of this contract amendment 38288.00 47 % of original contract TOTAL AMOUNT OF CONTRACT $ 118952.00 147 % of original contract In accordance with OAR 137-047-0860:1) The amendment is within the scope of procurement as described in the solicitation documents, Sole Source notice or approval of Special Procurement 2) The amendment is necessary to comply with a change in law that affects performance of the contract 3) The amendment results from renegotiation of the tens and conditions, including the contract price, of a contract and the amendment is advantageous to the City of Ashland, subject to all of the following conditions: a) goods and services to be provided under the amended contract are the same as the goods and services to be provided under the unamended contract, b) The City determines that, with all things considered, the amended contract is at least as favorable to the City as the unamended contract c) The amended contract does not have a total term greater than alloyed in the solicitation document contract or approval of a Special Procurement. An amendment is not within the scrape of the procurement if the City determines that if it had described the changes to be made by the amendment in the procurement documents, it would likely have increased competition or affected award of contract Contract amendment is within the scope of procurement: YES ■ NO` (If "NO", requires Council approval IAttach copy of CC.) Sourcing Method: SMALL PROCUREMENT Not exceedinu $5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT, QRF or ❑ "YES", the total amount ofcontract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50 amendments s $6,000. ❑ "YES°, the total amount of cumulative amendments ❑ "YES", the total amount of original contract and ❑If"NO°, amount exceeding authority requires 925% of original contract amount or $250,000 cumulative amendments 5 $100K for Goods B. Services,s Council approval. Attach copy of Council whichever is less. $75K for Personal Serviices,<$50K for Attorney Fees. Communication. ❑ If"NO", amount exceeding authority requires ❑ If"NO", amount exceeding authority requires Council ❑Exempt-Reason: Council approval. Attach way of Council approval. Attach copy of Council Communication. PERSONAL SERVICES (Direct Appointment) Communication. ❑Exempt-Reason: ❑ "YES",cumulative amendments 9$35,000 ❑Exempt-Reason: ❑lf "NO°, requires approval. Attach CC INTERMEDIATE PROCUREMENT SOLESOURCE EMERGENCY PROCUREMENT Goods B Services->$5000<$100,000 ❑ "YES°, the total amount of cumulative amendments ❑ Written Findings: Document the nature of the personal Services •>$5,000<$75,000 925% of original contract amount or $250,000 emergency, including necessity and circumstances ❑ "YES", the total amount of cumulative whichever is less. requiring the contract amendment amendments s 25% of original contract amount ❑If ❑ If"NO", amount exceeding authority requires ❑ Obtain direction and written approval from City "NO°, amount exceeding authority requires Council Council approval. Attach copy of Council Administrator approval. Attach copy of Council Communication. Communication. ❑ If applicable, attach copy of Council Communication ❑Exem t-Reason: ❑Exempt-Reason: ❑Fxem t-Reason: SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT ❑'YES", the total amount of original contract and cumulative amendments are ❑ Renewal of Intergovernmental Agreement: Terns modified in accordance with initial within the amount and terms initially approved by Council as a Special agreement OR cost will not be more than 25% greater than initial agreement Renewal Procurement. approved by City Attorney and department head affected by renewal and approved/signed 0 If 'NO', amount exceeding authority requires Council approval. by City Administrator. AMC 2.28.045(8) roval is required. Attach co of Council Communication Attach copy of Council Communication. ❑ If "NO° l= AMC Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expendtures accurately. Project Number- - _ _ - _ _ Account Number 081500 _ 604100 $ 19133.00, _ _ _ • _ Project Number_ _ _ - - - _ Account Number 111500 602400 _ $ 19133.Oq_ _ Project Number_ - _ _ _ _ _ Account Number - _ _ _ _ _ _ - _ _ Employee Signature: i b1X11~A ,1 (MAPO)epartment Head Signatur eIs,-+It4g or ater an $5000) City Administrator: ti z 14 (Equal orgreate an$25,000 or10Y) Funds appropriated for current fiscal year 1VE~ / NO ~fAI1 ! r v FInFDiredOf(Equaltoorgreaterthan$5,000) SO Comments: Form #10- Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 3/1512018 3~ r, , h ~ ~