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HomeMy WebLinkAbout2023-149 PO 20230259 Amnd #1- Freshwater Trust, The rA ovi Purchase Order /as -- cCITYFiscal Year 2023 Page: 1 of: 1 B City of Ashland 4 ,C` soj i. gk di i.4:1 : , � ATTN: Accounts.Payable ' Purchase.0 L Ashland, 0R 97520 Order# :20230259 T Phone: 541/552-2010 , ' 0 Email: payable@ashland.or.us 1 . r 0, V FRESHWATER TRUST, THE H C/ O Public Works Department E 700 SW TAYLOR ST 1 51 Winburn Way . N SUITE 200 p Ashland, OR 97520 ' 0 PORTLAND, OR 97205 - Phone: 541/488-5347 R Email: HEATHER@THEFRESHWATERTRUST.ORG 1, T Fax: 541/488-6006 • � � i_ �� �3, '� . , Ai wy.6 1,SsEEE � 0r. _ ����� �_ .k_I�-9 s.IP.L1 tlt-i . f .�;^e-=Qr _ _ Scott tt FIeUj (e E i - t � � _h� m ;A=��� iLd� =e ' _ n --L 11175Lc_?:, -_� 03/10/2023 2959 . FOB ASHLAND OR/NET30 City Accounts Payable -:----;=---7---f•--1,7:' ��- :'- t' -'EI`l:'-.�4 �' i...71::.--77-3—;.-,:."3,1� - - T 7`�-�'"s3 e�`�'.��.L 13 _�Irim c'� ma�yy' .__.. as ..- �� ,3v_ _. . _.z + �'c� � E —3_t-d� C4 Flow Feasibility Study 1. Flow augmentation,feasibility study of cold water releases from 1.0 • - $234,035.00 t.' : $234,035.00 ,• , • Reeder Reservoir. Personal Services Agreement(Greater than $35,000) ' Completion date: June 30, 2024 Project Account: • ' ' 2 ADDED: Processed change order 09/28/2023 1.0 $17,112.00 $1,7,112.00 Amendment No. 1 Project Account: - , **************GL SUMMARY*******l****** • I 086100-604100 $251,147.00 _ I . - -, inn BY; / Date: Authorized Sign ' , sF t=-_ a—__- 251 147.00 ' ,e4.....e e.-- Ce--- F7A 2 FOR #10 M CITY OF CONTRACT AMENDMENT APPROVAL REQUEST FORM ASH LAN D Request for a Change Order Name of Supplier I Contractor I Consultant: The Freshwater Trust Total amountathis... . contract"amendment:' ' Purchase Order Number 20230259 Title I Description: Flow Feasibility Study 7' ❑� Per attached contract amendment Contract Amendment Original contract amount $234,035 100 %of original contract Total amount of previous contract amendments c %of original contract Amount of this contract amendment 17,112 7 %of original contract iTIOPALWAM;OUNITIOF,ICONiiRACJI $251,147 107 %of original contract In accordance with OAR 137-047-0800:1)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 terms 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 allowed in the solidtation document, contract or approval of a Special Procurement An amendment is not within the scope 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/Attach copy of CC.) Sourcing Method: SMALL PROCUREMENT Not exceeding$5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT,QRF or ❑"YES",the total amount of contract and cumulative REQUEST FOR PROPOSAL ' EXEMPTION PURSUANT TO AMC 2.50 amendments s$6,000. D "YES",the total amount of cumulative amendments 0"YES",the total amount of original contract and ❑If'NO",amount exceeding authority requires s 25%of original contract amount or$250,000 cumulative amendments s$100K for Goods&Services,s Council approval.Attach copy of Council whichever is less. $75K for Personal Services,<$50K for Attorney Fees. Communication. 0 If"NO",amount exceeding authority requires 0 If"NO",amount exceeding authority requires Council 0 Exempt—Reason: Council approval.Attach copy of Council approval.Attach copy of Council Communication. PERSONAL SERVICES(Direct Appointment) Communication. DExempt—Reason: ❑ "YES",cumulative amendments s$35,000 ❑Exempt—Reason: ❑If"NO",requires approval.(Attach CC) INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT Goods&Services->$5,000<$100,000 ❑ "YES",the total amount of cumulative amendments 0 Written Findings:Document the nature of the Personal Services ->$5,000<$75,000 s 25%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 0 If 0 If"NO",amount exceeding authority requires 0 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 ['Exempt—Reason: 0 Exempt—Reason: ❑Exempt—Reason: SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT • 0"YES",the total amount of original contract and cumulative amendments are 0 Renewal of Intergovernmental Agreement:Terms 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(B) Attach copy of Council Communication. 0 If"NO",Council approval is required.Attach copy of Council Communication Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expendityres accurately. Project Number _ _ _ Account Number 086100 - 604100 ✓ $ 17,112.09_ _ _,_ _ Project Number -_ _ _ Account Number - Project Numbernn -�_�,, _ Account Number - ��$_,_ _ _,_ _ _._ Employee Signature:V f Nit M�^ 2Q_ Department Head Signature . 't - .1 / ; x.; at='7t as'•- 000, City Administrator: j,, au��!;►�'ektr, E.ual to orgreater tr an$25,001 or 10%) Funds appropriated for current fiscal year: ( ' 0 F nance irector (Equal =1f. greater thadin: $s 000) ate! Comments: Form#10—Contract Amendment Approval Request Form,Request for a Change Order,Page 1 of 1,3/1512018 AMENDMENT NO. 1 to PERSONAL SERVICES AGREEMENT between THE CITY OF ASHLAND, an Oregon municipal corporation, ("City") and The Freshwater Trust, ("Consultant") for Flow augmentation Water Quality Trading Plan for Excess Thermal Load RECITALS A. The City and Consultant previously entered into a Personal Services Agreement effective 1/18/2023 (the "Agreement") to Consultant provide Flow augmentation Water Quality Trading Plan for Excess Thermal Load; and B. The City and Consultant wish to amend the Agreement to extend the term of the Agreement. AGREEMENT NOW THEREFORE, in consideration of the mutual benefits and obligations set forth herein,the parties agree as follows: 1. Amend Section 6 of the Agreement as follows,with strikeout wording deleted and underscored wording added: 2.1 City shall pay Consultant the sum of$251,147 (two hundred fifty-one thousand one hundred forty-seven dollars) $231,035.00 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of$251,147 (two hundred fifty-one thousand one hundred forty-seven dollars) $231,035.00 without the express, written approval from the City official whose signature appears below, or such official's successor in office. Consultant expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Consultant further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Consultant's own risk and as a volunteer without expectation of compensation or reimbursement. Page 1 of 2: Amendment No. 1 to Personal Services Agreement IN WITNESS WHEREOF the parties have caused this Amendment No. 1 to be signed in their respective names by their duly authorized representatives as of the dates set forth below: CITY OF ASHLAND, OREGON THE FRESHWATER TRUST (CONSULTANT) By: ( By: A'44-- Printed Name: ,serr Printed Name: Kimberlee Obilana Title: pur�y�L ���� �r rrrL Title: VP People & Operations Date: �( l9. 23 Date:_9.12.23 faffd7fraet'Ci P t Le.50a-a crty Amino./�r /072/23 Page 2 of 2: Amendment No. 1 to Personal Services Agreement TH E FRESHWATER 700 SW Taylor Street,Suite 200 TRUST Portland,OR 97205 www.thefreshwatertrust.org Recommendation for Contingent Task B: Temperature Data Collection July28,2023 INTRODUCTION The City of Ashland's (City) newly renewed National Pollution Discharge Elimination System (NPDES) Permit outlined several requirements for temperature compliance. One requirement was that the City evaluate the feasibility and limitations of offsetting its excess thermal load at the wastewater treatment plant outfall through controlled releases of stored cold water from Reeder Reservoir during an expected period of exceedance October 15th-December 15th. Should this approach prove feasible,the City would quantify the thermal benefits produced and incorporate cold water release as a thermal compliance strategy in its Water Quality Trading Plan.This work was broken into the following phases: • Phase 1, Feasibility/Limitations Study • Phase 2,Thermal Benefit Analysis • Phase 3,Water Quality Trading Plan Development To complete Phase 1,the feasibility and limitations study,the City contracted with The Freshwater Trust (TFT) and its partners,Jacobs Engineering Group and Applied Ecosystem Sciences (collectively the "Consulting Team"). As part of current work on Phase 1,the Consulting Team has reviewed the sufficiency of existing data to model thermal benefits produced via cold water release, should the City decide to proceed with Phase 2.This memo summarizes the purpose of stream temperature data in quantifying thermal benefits and the approach taken to assess the sufficiency of the data available. We believe existing data is inadequate to support the thermal model development necessary to quantify thermal benefits produced under cold water release scenarios within a water quality trading plan. As a result,we recommend activating Contingent Task B of Phase 1 to collect additional temperature data in Ashland Creek within the upcoming fall period. We outline the locations,timeline, and cost of temperature monitoring. If approved, data collection would begin this fall to measure conditions during the October 15—December 15 period of interest. Data collection in fall 2023 would ensure that sufficient data are available to quantify thermal benefits in Phase 2 beginning in early 2024 and keep on track with the compliance timeline included in the City's NPDES permit. THERMAL BENEFIT MODELING If the City finds cold-water release and/or flow augmentation to be feasible under Phase 1 analysis and opts to proceed with developing this approach for thermal compliance, Phase 2 work will include building Recommendation for Temperature Data Collection ©2023 The Freshwater Trust 1 a model to quantify the thermal benefits of cold-water release under different operational scenarios of interest to the City. For example, modeled scenarios can quantify the thermal benefit value of augmenting flow in addition to releasing colder water. The models used for this analysis will be HeatSource (thermal model) and Shade-a-lator(shade model).These models are capable of accounting for potential heating as water travels down Ashland Creek during planned cold-water release periods, and any additional temperature benefit from flow augmentation (e.g., water volume increases and residence time decreases). Important input datasets include current and projected tree canopy and shade over the waterway, meteorological conditions, stream channel bathymetry and surrounding topography, and changes in stream water flow and temperature from the Reeder Reservoir outflow to the point of compliance at the City's wastewater treatment facility. Data Gap Analysis and Purpose of Additional Temperature Data As part of its initial review of available data,the Consulting Team acquired stream temperature measurements from publicly available datasets as well as from the City in response to requests for its internal records.The locations of available measurements bookend the study's area of interest. From upstream to downstream, available datasets include:temperature and flow of water diverted from Reeder Reservoir as it enters the City's drinking water treatment plant and some of the flow is released back to Ashland Creek (point A on Figure 1);temperature and flow of wastewater treatment plant effluent at the current outfall (point B) before discharging to Ashland Creek;temperature and flow at the ACAO stream gauge in Ashland Creek downstream of the City's wastewater treatment plant (point C); and temperature and flow at the BASO stream gauge in Bear Creek downstream of Ashland Creek (point 01).Although the Consulting Team inquired about relevant stream temperature data from the Rogue River Watershed Council, Oregon Department of Environmental Quality, the Oregon Water Resources Department, and the US Bureau of Reclamation, no additional temperature datasets were located. 1 Note that the BASO gauge was damaged in the 2020 fire and, based on data provided by Reclamation and USGS,has been relocated downstream in Bear Creek from its historical location near Ashland Pond. 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Po a. v, r e .t '•(/ ,,y- ° R ,4 t a\-, 4 '2 , 4 dC nN1 k A!,":",�$1 J p{.V! .y I, 1 V tr 1\ :35� - f PI a a"Cf OAM iv y .Si 'ii .:‘1-:-':-(:./(', � �`t' ; 3M'� � J Y 1 1`y_i , Y • 11. 4F ..` -1 i ! l �tl 1 • S , Q'^' 4 4 fl ey Y a" ,.--ii 9s�i; 4' o) t,, e aeni , ..� .. 5 d, O t :� a-. 1 1� t y,'' { 9i'!: ,fi#) ;,i. 4,."t*F a ,,----'-'-1" f ;i ,r e 1 4 V art A,', =5 hn�n :;.--0,W'1.--_,-,,,-',--,;,,., 1( !3(3 # sjrv 4 l, , J ro 06- - , X11 Miles f.1.:. ‘:,� ,, 1�w f \ r _t t�iFr.f_ r • 7' t ! y L Stream temperature measurement locations ,f%;'pP , a�PaJ• r '1‘3 aoale A:Drinking water treatment plant(42.16847,-122.71441) ri •1 e„ ' t..,"°:;s e 8:Waste water treatment plant outfall(42.21454,-122.71466) i..,;:,,,,„4„, _,j1 ,\ e C:ACAO stream gauge(42.21463,-122.71647) of 4• . ' '.'!_iv).,ti( �N e D:BASO stream,gauge(42.21826,-122.72483) , r Figure 1. Measurement locations of available stream temperature datasets. Before cold-water release scenarios can be tested,the hydrodynamic thermal model must be developed for Ashland Creek using stream temperature,flow and other input datasets and then calibrated so that it reproduces observed thermal conditions with reasonable accuracy. Once model parameters are set to achieve best fit with measured datasets,the thermal benefits produced by different flow/temperature scenarios can be modeled with the high confidence necessary for the City to take action on operational changes to achieve thermal compliance. Recommendation for Temperature Data Collection ©2023 The Freshwater Trust 3 Because existing stream temperature datasets represent just the upstream and downstream points within the study reach,the thermal model could be calibrated with many possible parameter combinations, leading to low confidence that the right parameter values were chosen, and degraded confidence in the thermal benefits modeled from different flow/temp augmentation scenarios. To achieve the levels of confidence needed by regulators and City decision-makers,the Consulting Team recommends collecting additional stream temperature data, as outlined below. Proposed Temperature Monitoring Design Additional stream temperature measurements are recommended for locations in Ashland Creek where there are expected to be substantial changes in temperature or flow. These are illustrated on Figure 2 and include: 1. Ashland Creek bypass,where the portion of flow not entering the drinking water treatment plant is bypassed to the creek. While the City measures temperature here and has made that dataset available, a thermistor would ideally be placed at this location to minimize the variability in measured temperature that is attributable to using different measurement devices across the study reach.An additional benefit is that 15-minute temperature data can be collected to also capture any diurnal variation in Ashland Creek stream temperature at the uppermost reach of the model. 2. Ashland Creek above Granite St. reservoir,where water temperature may be affected by increased water surface area exposed to solar radiation and increased water, residency time in the reservoir. 3. At the weir, above major diversions of senior water right holders and where water temperature measurements would complement flow measurements recorded here by the City during the irrigation season. 4. Ashland Creek below major irrigation diversions. 5. Ashland Creek above the current WWTP outfall to measure stream temperature unaffected by effluent discharge.' 6. Ashland Creek above the confluence with Bear Creek. 7. Bear Creek above the confluence with Ashland Creek.3 Precise locations would be scouted, and thermistors deployed in late September or early October 2023 to begin collecting data ahead of the October 15th period of interest.Thermistors would be checked regularly throughout the fall, replaced as necessary to ensure continuity of data, and decommissioned after the period of interest ends on December 15th.Temperature data would be processed and made available to be used as an input for Phase 2 thermal model development beginning in early 2024. 2 Note that we will also rely upon data collected from the WWTP effluent discharge and the ACAO gauge in Ashland Creek downstream of Temperature Measurement Location#5. 3 Note that we will also rely upon data collected from the BASO gauge in Bear Creek downstream of the Ashland Creek confluence. Recommendation for Temperature Data Collection ©2023 The Freshwater Trust 4 • t 1 � • ry` �:• THE ;r I FRESHWATERR cook, 'r TRUSTS - • 'OtrF�lwy0; `�( I �Ibt t�.m,o�.. t'/'✓ • - .R. " > :.R: 1 ! 8's 6 f P,�`M 4 ,� - `',.meq h:. Y . .4>\-4•— ' ,- / , t j: .1 I - he 7 R� r'� �I =`--.. ;..��y,�JJ,Ut., t.. Sar i�1.{; r i .y. n Yl •'t � 'e - r yQe • ;? tk t t i n`t O 4�0 0 p;)+, tj" � pr Creek ; ! • $ t 1 •• j t ' } 2 Etytrvr .+ ytY Ur . Wenet...k tfr) da. t "i �. S A 5�apP v' ° •it and \ ,�•. , ' • c, fr.w a °-•�t \. Aslk�', ;tri�v Ast `-` } aY� t f • H 6, "?+;'• r t-t • E• f • - ✓ k` t, f pawn'11'41 Jit. •) •! °BM1tr• afry+oct i• `1.i.1`3.'yn3}r75s•i jd..•i'i\;�'�ti Jf'�`j�yi.P!`,r�91- # • t•,tt,- t1j t . „4. i9 l ° - via) ffk. t t�� } V.• -Roo- V„nt x j, t740f`r �* 1 17 � • SAh� ;' AS• , • _ Y' ?t.. ` 11 1 Srf " ' l it l�r' i'I vii.1 p r!j'R Q� .• . (l ' {{ • ° w • 1 „s •T • 000• � { f r). ,>! } f - .$,:4f zp svir nkri t., k • 0 0 5 1 MilesR "Yh 4'' 1 I I.J tr 46'; t 6 i A lY I _ .' - .'T..r'�+i"-,_._ •.�.-' •�-• lam, E`, 1 Recommended stream temperature measurement locations r',.112'd • 1.Ashland Creek bypass(42.16845,-122.71439) co 2.Above Granite St reservoir(42.18000,-122.71662) • a{4 }} J Uf co 3.Weir(42.19811,-122.71561) ( r ' 4 09. 4-Below major diversions(42.20990,-122.71113) ;a, Q 5.Above current outfall(42.21460,-122.71350) s PJP2 P^ j"' t o b'gea 0) 6.Ashland Creek above confluence(42.21449,-122.71848) ° ^6e�F�ky • 7.Ashland Creek below confluence(42.21580,-122.71950) ))e ! i-,,0, Ns'• ci 8.Ashland Pond outflow(42.21530,-122.72060) Figure 2.Locations recommended for additional measurement of stream temperature. One additional monitoring location we discussed but need to coordinate further with the City is monitoring temperature of the discharge from Ashland Pond (point 8, Figure 2). We understand that the outlet gate is currently not open and thus there is no direct surface water throughflow through Ashland Pond. If that changes before the 2023 proposed monitoring period,we recommend monitoring Recommendation for Temperature Data Collection ©2023 The Freshwater Trust 5 temperature of the pond outflow to understand potential heating through the pond that could be avoided and credited to the City with periodic closure of the pond inflow during critical ETL periods.' Temperature Monitoring Cost The estimated cost of acquiring additional stream temperature data at measurement locations 1-8 as necessary to construct the thermal model is provided in Table 1, and assumes: • Thermistors are placed at eight locations'distributed along Ashland Creek as described above. Locations are coordinated with the City, and the City helps secure any approvals needed to provide access to the monitoring locations. • TFT purchases 10 sets of thermistors, housings (to prevent heating from direct sunlight), and attachments to collect the data (one set at each location +two to three replacements in case of damage or theft).TFT will provide gratis use of its HOBO data shuttle and software. • Local TFT staff collects this data.Thermistors are deployed for up to a 15-week period (last week of September 2023 to first week of January 2024). Each location is checked and data downloaded once a week and up to three thermistors are replaced. • The Consulting Team will take all reasonable measures to conceal thermistors but makes no guarantees against theft and subsequent loss of data. Table 1:Cost of Contingent Task B-Ashland Creek Temperature Data Collection at Locations 1-8. Item Units Total Cost Temperature Data Acquisition Planning,Acquisition, ° - 98 hrs $ 15;254 1 Processing& Delivery ' Equipment(10 sets of Onset HOBO thermistors, housing, and $186 ea $ 1,858 cables to secure) Contingent Task B Total Cost -1 $ 17,112 , The estimated cost provided in Table 1 is $2,368 greater than the estimate provided in the Phase 1 Scope of Work.This increase is due to adding labor hours for regular data download and thermistor replacement as needed to ensure continuity of measurements.The number of recommended measurement locations has also increased from five to seven or eight.The slightly higher number of measurement locations also provides some assurance that sufficient data are available for the thermal model even if thermistors are entirely lost at one location. 4 Temperature of water flowing into the pond would be measured at measurement location 6 and so only one additional thermistor is needed to quantify heating between the pond inflow and outflow. 'The equipment and labor cost of adding measurement location 8 is negligible and does not change the total cost. Recommendation for Temperature Data Collection ©2023 The Freshwater Trust 6 RECOMMENDATION AND NEXT STEPS The Consulting Team believes existing stream temperature data to be inadequate to proceed with quantifying thermal benefits in Phase 2 with the levels of confidence needed by regulators and City decision-makers to take action on cold-water release scenarios. We recommend collecting additional temperature data in Ashland Creek and outline the locations,timeline, and cost above.The Phase 1 feasibility evaluation is ongoing and it is as yet unclear whether the Consulting Team would recommend for the City to proceed with the Phase 2 thermal benefit analysis. Nonetheless, preparation for collecting additional stream temperature data is necessary ahead of fall 2023 deployment to measure conditions during the October 15—December 15 period of interest and keep on track'with the compliance timeline included in the City's NPDES permit. The Freshwater Trust appreciates the City's review. Please direct questions,comments,and additions to: Tim Wigington Olivia Duren VP Finance&Policy Restoration Program Manager The Freshwater Trust The Freshwater Trust tim@thefreshwatertrust.org olivia@thefreshwater.org 503.222.9091 x41 503.222.9091 x51 Recommendation for Temperature Data Collection ©2023 The Freshwater Trust 7 Memo TO: Joseph Lessard, City Manager FROM: Scott Fleury PE, Public Works Director DATE: September 18, 2023 RE: City Manager Signature needed for TFT contract amendment Background: Public Works has contracted with The Freshwater Trust to perform a flow augmentation study to determine if we can meet our wastewater NPDES permit with augmented flow from Reeder Reservoir during critical time (Oct-Nov.). The change order represent an addition to collect Ashland Creek water temperature data in order for TFT to model stream temperatures and determine the feasibility of flow augmentation with colder water from Reeder Reservoir. There was not enough existing data to correctly calibrate the model and thus collecting real time data will better allow the feasibility determination. Signatures Required: 1. Finance Director on Form #10 fq 2. City Manager on Form #10 Are all attachments listed included? Yes Form #10-Contract Amendment Professional Services Amendment Form Revised TFT Scope of Work • CITY ASHLAND 20 East Main Street Tel:541-488-6002 Ashland,Oregon 97520 Fax:541-488-5311 www.ashland.or.us TTY: 800-735-2900