HomeMy WebLinkAbout2024-024 PO 20240302 - The Freshwater Trustprviii
B City of Ashland
I ATTN: Accounts Payable
L 20 E. Main
L Ashland, OR 97520
T Phone:541/552-2010
0 Email: payable ashland.or.us
V FRESHWATER TRUST, THE S
E 700 SW TAYLOR ST H
N SUITE 200 P
D PORTLAND, OR 97205
O Email: HEATHER(a�THEFRESHWATERTRUST.ORG T
R 0
Purchase Order
Fiscal Year 2024 Page: 1 of: 1
THIS PO NUMBER MUST APPEAR ON ALL
INVOICES, AND SHIPPING DOCUMENTS.
Purchas
Order # e 20240302
C/O Public Works Department
51 Winburn Way
Ashland, OR 97520
Phone: 541 /488-5347
Fax: 541 /488-6006
Vendor Phone Number
Vendor Fax Number
Requisition Number
Delivery Reference
20240070
Date Ordered
Vendor Number
Date Required
Freight Method/Terms
Department/Location
03/22/2024
2959
FOB ASHLAND OR/NET30
Public Works De artment
Item#
Descri tion/PartNo
QTY
UOM
Unit Price
Extended Price
Flow Augmentation Water Quality Trading Plan
1
Flow Augmentation Water Quality Trading Plan for Excess
1.0
EACH
$215,038.00
$215,038.00
Thermal Load- phase II.
Project Account:
*************** GL SUMMARY ***************
086100 - 604100 $215,038.00
By:
Authorized Signature
Date:
0 al $215,038.00
PERSONAL SERVICES AGREEMENT (GREATER THAN $35,000.00)
CONSULTANT: THE FRESHWATER TRUST
CITY OF CONSULTANT'S CONTACT: Olivia Duren
-AS H LAND ADDRESS: PO Box 9205
20 East Main Street PORTLAND, OR 97207
Ashland, Oregon 97520
Telephone: 541/488-5587 TELEPHONE: (503) 222-9091
Fax: 541/488-6006
EMAIL: Olivia@thefreshwatertrust.org
This Personal Services Agreement (hereinafter "Agreement") is entered into by and between
the City of Ashland, an Oregon municipal corporation (hereinafter "City") and THE FRESHWATER
TRUST, a domestic professional corporation ("hereinafter "Consultant"), for Flow Augmentation Water
Quality Trading Plan for Excess Thermal Load- phase Il.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and
Consultant hereby agree as follows:
1. Effective Date and Duration: This Agreement shall become effective on the date of execution
On behalf of the City, as set forth below (the "Effective Date"), and unless sooner terminated as
specifically provided herein, shall terminate upon the City's affirmative acceptance of
Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore,
but not later than June 30, 2025.
2. Scope of Work: Consultant will provide Flow Augmentation Water Quality Trading Plan for
Excess Thermal Load as more fully set forth in the Consultant's Proposal dated 1/09/2024,
which is attached hereto as "Exhibit A" and incorporated herein by this reference. Consultant's
services are collectively referred to herein as the "Work."
3. Compensation: City shall pay Consultant the sum of $215,038 (two hundred fifteen thousand
and thirty-eight dollars) as full compensation for Consultant's performance of all Work under
this Agreement. In no event shall Consultant's total of all compensation and reimbursement
under this Agreement exceed the sum of $215,038 (two hundred fifteen thousand and thirty-
eight dollars) without the express, written approval from the City official whose signature
appears below, or such official's successor in office. Payments shall be made within thirty (30)
days of the date of receipt by the City of Consultant's invoice. Should this Agreement be
terminated prior to completion of all Work, payments will be made for any phase of the Work
completed and accepted as of the date of termination.
Page 1 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE FRESHWATER TRUST
4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other
supporting documents shall be construed to be mutually complementary and supplementary
wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this
Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting
documents.
5. All Costs Borne by Consultant: Consultant shall, at its own risk, perform the Work described
above and, unless otherwise specified in this Agreement, furnish all labor, equipment, and
materials required for the proper performance of such Work.
6. Qualified Work: Consultant has represented, and by entering into this Agreement now
represents, that all personnel assigned to the Work to be performed under this Agreement are
fully qualified to perform the services to which they will be assigned in a skilled manner and, if
required to be registered, licensed, or bonded by the State of Oregon, are so registered, licensed,
or bonded.
7. Ownership of Work/Documents: All Work product or deliverables produced as specified in
Exhibit A of this Agreement shall become the physical property of the City. To the extent the
Work product and deliverables incorporate pre-existing intellectual property of Consultant,
Consultant hereby grants City a perpetual, fully paid, nonexclusive and nontransferable license to
use such pre-existing property for City's purposes as specified in Exhibit A. Consultant retains
ownership of any and all copyright, patent, trademark, proprietary or any other protected
intellectual property rights included in, or delivered with, the Work product or deliverables. The
City has a perpetual, royalty -free license to use the Work.
8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated
by reference into this Agreement: ORS 27913.220, 27913.230 and 27913.235.
9. Living Wage Requirements: If the amount of this Agreement is $25,335.05 or more,
Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a
living wage, as defined in that chapter, to all employees performing Work under this Agreement
and to any Subcontractor who performs 50% or more of the Work under this Agreement.
Consultant is also required to post the notice attached hereto as "Exhibit B" predominantly in
areas where it will be seen by all employees.
10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its
officers, employees, and agents harmless from any and all losses, claims, actions, costs,
expenses, judgments, or other damages resulting from injury to any person (including injury
resulting in death), or damage (including loss or destruction) to property, of whatsoever nature
arising out of or incident to the performance of this Agreement by Consultant (including but not
limited to, Consultant's employees, agents, and others designated by Consultant to perform Work
or services attendant to this Agreement). To the extent permitted under the Oregon Tort Claims
Act, City hereby agrees to defend, indemnify, save, and hold Consultant, its officers, employees,
and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, or
damages resulting from or caused by the negligence or wrongful acts of City, its officers,
employees, and agents.
Page 2 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE FRESHWATER TRUST
11. Termination:
a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent
of both parties.
b. City's Convenience. This Agreement may be terminated by City at any time upon not
less than thirty (30) days' prior written notice delivered by certified mail or in person.
C. For Cause. City may terminate or modify this Agreement, in whole or in part, effective
upon delivery of written notice to Consultant, or at such later date as may be established
by City under any of the following conditions:
i. If City funding from federal, state, county or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement or are no longer eligible for the funding proposed for payments
authorized by this Agreement; or
iii. If any license or certificate required by law or regulation to be held by Consultant to
provide the services required by this Agreement is for any reason denied, revoked,
suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this Agreement in the event of a breach of
the Agreement by the other. Prior to such termination the party seeking termination
shall give to the other party written notice of the breach and its intent to terminate. If
the party committing the breach has not entirely cured the breach within fifteen (15)
days of the date of the notice, or within such other period as the party giving the
notice may authorize in writing, then the Agreement 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 Agreement. City, by written notice to Consultant of default or breach,
may at any time terminate the whole or any part of this Agreement if Consultant fails
to provide the Work called for by this Agreement within the time specified herein or
within 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
Agreement.
e. Obligation/Liability of Parties. Termination or modification of this Agreement 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
Subsection a, b, c, or d of this section, Consultant shall immediately cease all activities
under this Agreement, unless expressly directed otherwise by City in the notice of
Page 3 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE FRESHWATER TRUST
termination. Further, upon termination, Consultant shall deliver to City all documents,
information, works -in -progress and other property that are or would be deliverables had
the Agreement been completed. City shall pay Consultant for Work performed prior to
the termination date if such Work was performed in accordance with this Agreement.
Consultant's entire liability for all claims related to this Agreement will not exceed the
amount of any actual direct damages incurred by City up to the amounts paid for the
Service that is the subject of the claim, regardless of the basis of the claim. This limit
applies collectively to Consultant, its subsidiaries, contractors, and suppliers. Consultant
will not be liable for special, incidental, exemplary, indirect, or economic consequential
damages, or lost profits, business, value, revenue, goodwill, or anticipated
savings.
12. Independent Contractor Status: Consultant is an independent contractor and not an employee
of the City for any purpose. Consultant shall have the complete responsibility for the
performance of this Agreement. Consultant shall provide workers' compensation coverage as
required in ORS Chapter 656 for all persons employed to perform Work pursuant to this
Agreement. Consultant is a subject employer that will comply with ORS 656.017.
13. Assignment: With the exception of the subcontractors specified in Exhibit A (Scope of Work),
Consultant shall not assign this Agreement or subcontract any portion of the Work without the
written consent of City. Any attempted assignment or subcontract without written consent of
City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns
or subcontractors and of all persons employed by them, and the approval by City of any
assignment or subcontract of the Work shall not create any contractual relation between the
assignee or subcontractor and City.
14. 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 under the
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 Agreement; or attempts to assign
rights in, or delegate duties under, this Agreement.
15. Insurance. Consultant shall, at its own expense, maintain the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject
employers to provide Oregon workers' compensation coverage for all -their subject workers
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less
than $2,000,000 (two million dollars) per occurrence. This is to cover any damages caused
by error, omission or negligent acts related to the Work to be provided under this Agreement.
c. General Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 (two million dollars) per occurrence for Bodily Injury, Death, and Property
Damage.
Page 4 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE FRESHWATER TRUST
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less
than $1,000,000 (one million dollars) for each accident for Bodily Injury and Property
Damage, including coverage for owned, hired or non -owned vehicles, as applicable.
e. Notice of cancellation or change. There shall be no cancellation, material change, reduction
of limits or intent not to renew the insurance coverage(s) without thirty (30) days' prior
written notice from the Consultant or its insurer(s) to the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland,
Oregon, and its elected officials, officers and employees as Additional Insureds on any
insurance policies, excluding Professional Liability and Workers' Compensation, required
herein, but only with
respect to Consultant's services to be provided under this Agreement. The consultant's
insurance is primary and non-contributory. As evidence of the insurance coverages required
by this Agreement, the Consultant shall furnish acceptable insurance certificates prior to
commencing the Work under this Agreement. The certificate will specify all of the parties
who are Additional Insureds. Insuring companies or entities are subject to the City's
acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall
be provided to the City. The Consultant shall be financially responsible for all pertinent
deductibles, self -insured retentions, and/or self-insurance.
16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color,
religion, creed, sex, marital status, familial status or domestic partnership, national origin, age,
mental or physical disability, sexual orientation, gender identity or source of income, suffer
discrimination in the performance of any Work under this Agreement when employed by
Consultant. Consultant agrees to comply with all applicable requirements of federal and state
civil rights and rehabilitation statutes, rules and regulations. Further, Consultant agrees not to
discriminate against a disadvantaged business enterprise, minority -owned business, woman -
owned business, a business that a service -disabled veteran owns or an emerging small business
enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.I 10.
17. Consultant's Compliance with Tax Laws:
17.1 Consultant represents and warrants to the City that:
17.1.1 Consultant shall, throughout the term of this Agreement, including any extensions
hereof, comply with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and
ORS Chapters 316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon
applicable to Consultant; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or
enforce any of the foregoing tax laws or provisions.
17.1.2 Consultant, further certifies that consultant is not in violation of any Oregon tax laws
referenced in ORS 305.380(4).
Page 5 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE FRESHWATER TRUST
18. Notice. Whenever notice is required or permitted to be given under this Agreement, such notice
shall be given in writing to the other party by personal delivery, by sending via a reputable
commercial overnight courier, by mailing using registered or certified United States mail, return
receipt requested, postage prepaid, at the address or facsimile number set forth below:
If to the City: Public Works Department
Attn: Contract Administrator
20 East Main Street
Ashland, Oregon 97520
Telephone: 541-488-5587
With a copy to: City of Ashland — Legal Department
20 E. Main Street
Ashland, Oregon 97520
Phone: (541) 488-5350
If to Consultant:
The Freshwater Trust
Attn: VP, People & Operations
PO Box 9205
PORTLAND, OR 97207
19. Governing Law. This Agreement shall be governed by the laws of the State of Oregon without
regard to conflict of laws principles. Exclusive venue for litigation of any action arising under
this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless
exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal
district court for the district of Oregon. Each party expressly waives any and all rights to
maintain an action under this Agreement in any other venue, and expressly consents that, upon
motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so
as to effectuate this choice of venue.
20. Amendments. This Agreement may be amended only by written instrument executed by both
parties with the same formalities as this Agreement.
21. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds
currently available and authorized for expenditure to finance the costs of this Agreement within
the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts
under this Agreement attributable to Work performed after the last day of the current fiscal year
is contingent on City appropriations, or other expenditure authority sufficient to allow City in the
exercise of its reasonable administrative discretion, to continue to make payments under this
Agreement. In the event City has insufficient appropriations, limitations or other expenditure
authority, City may terminate this Agreement without penalty or liability to City, effective upon
the delivery of written notice to Consultant, with no further liability to Consultant.
Page 6 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE FRESHWATER TRUST
22. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE
UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER,
CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT 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 AGREEMENT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY
ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT,
AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
23. Certification. Consultant agrees to and shall sign the certification attached hereto as "Exhibit
C" and incorporated herein by this reference.
Page 7 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE FRESHWATER TRUST
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names
by their duly authorized representatives as of the dates set forth below.
CITY OF ASHLAND:
BY: �
Sabrina Cotta, Interim City Manager
3/ 19/2024
Date
Purchase Order No.
APPROVED AS TO FORM:
City Attorney
Date
THE FRESHWATER TRUST (CONSULTANT):
By. Z-� 0k Gw
Signature
Kimberlee Obilana
Printed Name
VP People & Operations
Title
3.13.24
Date
is to be submitted with this signed Agreement)
Page 8 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE FRESHWATER TRUST
Exhibit A
J THE
FRESHWATER
TRUST'
The Freshwater Trust protects and restores
freshwater ecosystems. Using science, technology
and incentive -based solutions, we're changing the
course of conservation on a timeline that matters.
City of Ashland
Flow Augmentation Water Quality Trading Plan for Excess Thermal Load
Scope of Work
January 9, 2024
Background
The City of Ashland, Oregon (City) outlined the components of the Flow Augmentation Water Quality Trading
Plan for Excess Thermal Load (Project #2012-12) in a public Request for Qualifications Based Proposals that
closed in April 2022. The project components described in that document were broken into the following
project phases:
Phase 1, Feasibility/ Limitations Study
Phase 2, Thermal Benefit Analysis
Phase 3, Water Quality Trading Plan Development
Following the evaluation of two qualifications -based proposals, the City notified The Freshwater Trust (TFT) in
September 2022 that the City intended to begin contract negotiations with TFT for professional services for
Phase 1 of Project #2021-12 Flow Augmentation Water Quality Trading Plan for Excess Thermal Load. The City
is contracting for each phase of the project separately. Below is the proposed Scope of Work and Budget for
Phase 2 submitted by TFT and its partners Jacobs Engineering Group (Jacobs) and Applied Ecosystem
Sciences (AES), collectively the "Consulting Team".
Project Objectives
As outlined in the Request for Qualifications Based Proposals and summarized here, Ashland's Flow
Augmentation Water Quality Trading Plan for Excess Thermal Load project will facilitate regulatory
compliance with Excess Thermal Load (ETL) water quality provisions and compliance schedule requirements
in the City's recently renewed National Pollution Discharge Elimination System (NPDES) Permit, effective
March 1, 2022. The NPDES Permit regulates effluent discharges from Ashland's Wastewater Treatment Plant
(WWTP) to receiving waters in Bear Creek and Ashland Creek. The Consulting Team will provide applicable
studies, analysis, modeling, and reporting leading to, and including, the development of a water quality
trading plan pursuant to applicable Oregon Water Quality Trading rules in OAR 340-039. The trading plan will
provide a strategy for ETL reduction at the WWTP outfall in Bear Creek via thermal benefit Alternatives
identified in Phase 1. The project phases and schedules are based on the NPDES Permit Compliance Schedule,
and will include the following tasks and phases:
Phase 1: Feasibility/ Limitations Study - Complete a study and submit findings to Oregon
Department of Environmental Quality (DEQ) identifying the feasibility and limitations of Alternatives
to generate thermal benefit in Bear Creek and offset the City's ETL, including cold -water releases from
Scope of Work: Flow Augmentation Water Quality Trading Plan
Reeder Reservoir, flow augmentation in Ashland Creek, and expansion of the City's existing riparian
WQT program. A final report on feasibility must be submitted to DEQ by March 1, 2024.
• Phase 2: Thermal Benefit Analysis - Complete a study and submit findings to DEQ, quantifying
thermal benefits of Alternatives identified in Phase 1 and selected by the City for further analysis. A
final report on the thermal benefits analysis must be submitted to DEQ by March 1, 2025.
Phase 3: Water Quality Trading Plan Development - Develop a DEQ-approved Water Quality Trading
Plan (Plan) that details an analysis approach to evaluate benefits transferrable to the outfall site in
Bear Creek and permit conditions. A draft Plan must be submitted to DEQ by March 1, 2026, and ETL
limit compliance must be fully achieved by March 1, 2027. While not explicitly stated in the
Compliance Schedule, it is inferred that full compliance includes submission of a final Plan, following
standard applicant and public review periods.
In Phase 1, the Consulting Team is completing a study identifying the feasibility and limitations of Alternatives
for the City to offset its ETL by generating thermal benefit to Bear Creek and is supporting the City in
discussing findings with the Oregon DEQ. Based on its feasibility and limitations analysis of thermal benefit
Alternatives, the Consulting Team provided a recommendation to proceed with Phase 2 on November 1, 2023.
The draft Feasibility and Limitations Report will be delivered to the City by January 31, 2024 with a final report
delivered in February 2024, ahead of the City's deadline to submit the final report to DEQ by March 1, 2024.
Contracting and initiation of Phase 2 of the project concurrent with the completion of Phase 1 is necessary to
allow the City to stay on track with its NPDES Permit Compliance Schedule.
Proposed Scope of Work
Phase 2 of the project is organized into four tasks. The tasks include:
Phase 2: Thermal Benefit Analysis
• Task 1 Project Management
• Task 2 Thermal Model Development
• Task 3 Thermal Benefits Report
• Task 4 Regulatory Support
The work included under each task is described in more detail in the following sections.
General Assumptions
The level of effort and cost are based on the following general assumptions:
Services covered under this project begin with Notice to Proceed and end with delivery of the
deliverables noted under this scope of work.
The Notice to Proceed is issued on or before February 9, 2024.
The City will provide the Consulting Team with all data in the City's possession relating to services
provided in this scope in response to data requests. The Consulting Team will reasonably rely upon
the accuracy, timeliness, and completeness of the information provided by the City.
Additional assumptions are noted under individual subtasks.
Scope of Work: Flow Augmentation Water Quality Trading Plan
Phase 2: Thermal Benefit Analysis
In Phase 2, TFT will work with the Consulting Team to develop a stream temperature model and quantify the
thermal benefits at the WWTP outfall site in Bear Creek resulting from the cold -water release and flow
augmentation alternatives presented in Phase 1. TFT and the Consulting Team will also support the City in
discussing findings with DEQ.
Task 1 Project Management
TFT will organize and manage the Consulting Team, oversee the project, and coordinate with the City project
manager and City staff. TFT will ensure that the work is performed with care, skill, and diligence and follows
the team's quality control program. TFT, its partners, and City staff will meet as required during the project
duration, including to review the scope, budget, schedule, and deliverables. TFT shall prepare monthly
invoices and progress reports including:
• Work completed during the month by work task as a percentage of completion.
• Needs for additional information or reviews by the City.
• Any scope, schedule, or budget issues and changes.
Upon written approval from the City, TFT will also prepare contracting for Phase 3 of the project.
Assumptions:
• Task begins in Q12024 and continues through Q2 2025, for a 16-month duration.
• Regular meetings will occur between the City and TFT, with Consulting Team members included as
necessary.
• As described further under Task 3, a draft go/no go decision on Phase 3 contracting will occur by
November 27, 2024. Upon written approval from the City, TFT will initiate preparations for Phase 3
contracting to be ready to begin Phase 3 work by March 1, 2024.
Task 2 Thermal Model Development
The Consulting Team will formalize the temperature modeling methodology and develop a stream
temperature model for Ashland Creek that quantifies thermal benefits resulting from the thermal benefit
Alternatives identified in Phase 1 and selected by the City for further analysis, which may include cold -water
releases, flow augmentation, expansion of the City's existing riparian WQT program, and combinations
thereof. The model will be capable of accounting for potential heating and cooling in Ashland Creek as
thermal benefits propagate downstream to the mouth of Ashland Creek as well as any additional temperature
benefit from flow augmentation (e.g., volume increases and residence time decreases). Steps in thermal
model development will include (firms with lead responsibility are indicated in parentheses):
Integrate new Reeder Reservoir water quality profile data collected fall 2023 by the City and update
analyses of thermocline dynamics and temperature differences between 30-ft and 60-ft intakes, and
pH and DO as related to WTP treatment (AES)
Compile and integrate new data from 2010-2015 provided by the City in fall 2023 for additional years
of reservoir water level vs intake depths as well as temperature of water entering Ashland Creek via
the bypass, and update analyses based on new data (AES)
Compile and format data needed to complete the thermal benefits analysis in HeatSource
(TFT/Jacobs)
o LiDAR data
o Aerial imagery
Scope of Work: Flow Augmentation Water Quality Trading Plan
o Meteorological data
o Stream temperature data, including data collected fall 2023
o Stream flow data
o Stream channel profiles
o Water inflow and diversion points.
• Collection of limited additional field data (TFT)
o Collection of wetted channel measurements is expected to be necessary. Channel
measurements will be collected at multiple locations (up to 5 locations) along Ashland Creek
to define stream bathymetry. Locations of irrigation diversions and potential stormwater
inflows will also be identified for inclusion in the model.
• Develop a shade model of Ashland Creek (TFT)
• Develop a hydrodynamic thermal model of Ashland Creek in HeatSource (TFT/Jacobs)
o Model structure set-up
o Tuning model flow (based on limited data)
o Calibration using stream temperature data
• Model application (TFT/Jacobs)
o Compute change in temperature across model domain resulting from each thermal benefit
Alternative
o Quantify the thermal benefits produced at the mouth of Ashland Creek resulting from likely
thermal benefit scenarios (combination of Alternatives) for the October 15 to November 30
time period of forecasted future (2040) ETL exceedance
• Identify temperature benefits at discrete locations along Ashland Creek resulting from the likely
thermal benefit scenarios (Jacobs/TFT)
• Quantify ancillary benefits such as the creation and expansion of cold -water refugia (Jacobs/TFT)
• Develop regression equations to translate the range of model results into applicable ETL offset of
WWTP effluent discharge. Regression equation inputs will be based on measurable indicators of
changed Reeder Reservoir and Ashland Creek operations (Jacobs/TFT)
• Refine operational considerations of thermal benefit Alternatives based on updated analyses,
including dynamics of Reeder reservoir drawdown given potential increases in outflow (AES/Jacobs)
Assumptions:
• The model used for this analysis will be Heat Source (thermal model) and its Shade-a-lator module
(shade model).
• The region covered by the temperature model will be Ashland Creek starting at the Ashland Creek
bypass at the upstream end and the confluence of Ashland Creek and Bear Creek at the downstream
end.
• The annual period of time the model will be calibrated around is October 15 through November 30.
Task 3 Thermal Benefits Report
The Team will compile the core components of the model development and results into a report that
documents the thermal benefits and any ancillary benefits of these actions to offset the City's ETL at the Bear
Creek outfall and discusses how these results can support a Water Quality Trading (WQT) plan that includes
the thermal benefit Alternatives as eligible credit -generating actions. A draft Thermal Benefits report will be
provided to the City by January 2025. A final Thermal Benefits report that integrates feedback and other
discussion will be provided to the City by February 2025, ahead of the City's deadline to submit the final report
to DEQ by March 1, 2025.
Scope of Work: Flow Augmentation Water Quality Trading Plan
Assumptions:
• It is assumed that the City will review and provide comments on the draft Thermal Benefits report
within approximately two weeks of draft report submittal.
Task 4 Regulatory Support
The Team will assist the City in responding to questions or concerns from DEQ related to the Thermal Benefits
Report and key findings.
Assumptions:
• Relevant meetings will be held between the City and DEQ during the development of the report.
• Relevant meetings will be held between the City and DEQ within two months after the final report is
submitted to DEQ.
• Up to two TFT staff and up to two Jacobs staff will support the City in preparation and attendance at
these meetings, with as -needed support from other Consulting Team members.
• Meetings will be held via web conferencing.
Phase 2 Timeline:
Q1 2024 - Q2 2025 for 16 months to complete
Phase 2 Estimated Cost: $215,038
Phase 2 Deliverables:
A) Monthly progress reports submitted with invoice documentation.
B) Draft Thermal Benefits report provided to the City by January 2025.
C) Final Thermal Benefits report provided to the City by February 2025, ahead of the City's deadline to
submit the final report to DEQ by March 1, 2025.
Optional Task A - WTP Treatability Analysis
The Team will assist the City in further analysis of potential water treatment optimization at the new WTP
required to address elevated TOC, iron, and manganese when withdrawing water from the 60-ft intake for
cold water release.
Assumptions:
• Jacobs will prepare a sampling and analysis plan for the City to utilize in collecting additional
reservoir water quality samples.
• The City will conduct all sampling and analysis during Oct -Nov 2024 and will provide sampling results
to Jacobs.
• Jacobs will conduct analysis of potential water treatment process optimization to address elevated
TOC, iron, and manganese.
• Results will be summarized in a brief (up to 5 page) technical memorandum.
Optional Task A Estimated Cost: $20,226
Scope of Work: Flow Augmentation Water Quality Trading Plan
Schedule
The following schedule is estimated for work on Phases 1 and 2, assuming a Notice to Proceed for Phase 2 is issued on or before February 9, 2024.
Estimated Budget
TFT will perform work on a time and materials basis. The budget for Phase 2 is $215,038, plus a budget for
Optional Task A of $20,226. A detailed breakdown of hours, labor costs, expenses, and total cost by task is
provided in the attached Exhibit A.
Who to Contact for Next Steps
The Freshwater Trust appreciates the City's interest and review. Please direct questions, comments, and
additions to:
Tim Wigington
VP Finance & Policy
The Freshwater Trust
tim@thefreshwatertrust.org
503.222.9091 x41
Scope of Work: Flow Augmentation Water Quality Trading Plan
Olivia Duren
Restoration Program Manager
The Freshwater Trust
olivia@thefreshwater.org
503.222.9091 x51
Exhibit A- Phase 2 budget breakdown of hours, labor costs, expenses, and total cost by task
Organization
TFT
TFT
TFT
TFT
TFT
TFT
Jacobs
Jacobs
Ertgkoyee
OlMe Duran
Tim Wigington
Chris Thomas
Eugene Wier
Tommy Franzen
Heatherlones
Jason Smasnsd
Enoch
--
--
Nkhalaor
Project
VP- Finance &
Restoration
Principal Water
Senor Drink
sole
Manner
Policy
Policy Specialist
Program
GISAnalyst
Bookkeeper
Resources
Water
Manager
Engineer
Engineer
Phase2(Feb2024 h1ay202S)Rate
5350
5210
$165
5150
5150
S75
5289
$278
Jacobs
Tim Bedford
Jacobs
Jordan Laundry
Jacobs
Steve
Schnurbusct
Project Water
StalfWater
Regulatory
Resources Eng
Resources
Specialist
ineer
Engineer
5174
5121
5259
AES Travels O[MrHToW Cast
Jacob Kann E�gwnes
Principal
Aquatic
Ecologist
5210
Phase 2: Thermal Benefit Ar atysis...
Task 1 - Project Management
Monthly Invoices and Progress Reports
45
20
Monthly Meetin with City PM
50
25
10
5
30
25
10
Task Total
95
25
10
5
30
20
25
O
O
O
O
10
$0
$0
$34,225
Tads 2-Thermal Model 0. , Iopmerrt
Collection& Analysis of Model Input Data
5
20
80
16
16
24
45
Temperature Model Development and Calibration
10
10
195
32
i6
32
20
AppI ication of Model to Develop Tradi ng P I a n Metrics
20
IS
40
5
25
32
16
32
Task Total
35
15
40
35
300
0
80
0
48
88
0
65
$o
So
5321,020
Tsd13 -Thermal BeneRtsofCold Water Rakesses Report
Draft Report
50
5
10
25
20
8
12
6
20
Final Report
20
5
5
10
14
4
5
3
10
Task Total
70
10
15
O
35
O
34
O
12
17
9
30
SO
So
$42,927
Tads 4-Raguktmy support
Supponofcityin DEQCoordination&Meetings
10
15
20
5
S
12
12
4
Task Total
IO
15
20
5
5
0
12
0
O
0
11
4
$O
$O
$16,866
Phase 2 HOURS TOTAL
210
65
85
45
350
20
I51
O
60
JOS
21
I09
Phase2 SUBTOTAL COST
S33,S00
513,650
$14,025
$6,7SO
$S2,500
$1,500
$43,639
SO
SI0,440
$12,705
$5,439
$22,890
$0
$0
5215,038
Optional Task A - WTPTreatibirity Analysis
SAPand Coordination
2 4 8 6
Treatment ProcessModeling
2 24
Draft and Final TM
2 8 18 2
Optional TaskAHaas
4 0 O O O 0 14 s0 O O 0 8
Opti nal TaiACost
Shoo SO SO SO SO SO 54,046 5131900 SO SO SO 11,680
SO 50
520,226
Scope of Work: Flow Augmentation Water Quality Trading Plan 8
EXHIBIT R
City of Ashland
LIVING
WAGE
per hour, effective June 30, 2023.
LIThe Living Wage is adjusted annually every
June 30 by the Consumer Price Index.
i For all horns waked under a
service cantract between thei
employer and the City of
Ashland if the contract
exceeds $3,335.15 or more.
i► For all hours worked in a
moth, i the employee
spends 50% or more of the
empbyee's time in that moth
wordking on a project or
Portion of the kniness of
thei employer, if the
employer has ten or more
employees, and has received
fmanccial assistance for the
pmod or business from the
City of Ashland over
$25,33515;
i If thei employer is the City of
Ashland, inducting the Parks
and Recreation Department
In calculating the living wage,
employers may add the value
of health care, retirement;
401K, and IRS eligible
cafeteria plans (nduding
childcare) benefits to the
employee's amount of wages.
r Nate: For lemporary and
part-time employees, the
Living Wage loss not apply
to the first 1040 howl worked
in any calendar year. For
mae details, please see
AsNand Municipal Code
Section 3.12.020.
Cal the Ashland City Manager's office at 541488-6002 or write to the City Manager,
City Hal, 20 East Main Street, Ashland, OR 97520, or visit the Citys website at www.ashland.or.us.
Notice to Employers: This notice must be posted in areas where it can be seen by all employees.
CITY OF
-ASH LAN D
Page 1 of l: EXHIBIT B
EXHIBIT C
CERTIFICATIONS/REPRESENTATIONS: Consultant, by and through its authorized
representative, under penalty of perjury, certifies that (a) the number shown on the attached W-9
form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Consultant
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. Consultant further represents and warrants
to City that: (a) it has the power and authority to enter into this Agreement and perform the
Work, (b) the Agreement, when executed and delivered, shall be a valid and binding obligation
of Consultant enforceable in accordance with its terms, (c) the work under the Agreement shall
be performed in accordance with the highest professional standards, and (d) Consultant is
qualified, professionally competent, and duly licensed (if applicable) to perform the Work.
Consultant also certifies under penalty of perjury that its business is not in violation of any
Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to
do business in the State of Oregon, and Consultant has checked four or more of the following
criteria that apply to its business.
x (1) Consultant carries out the work or services at a location separate from a private
residence or is in a specific portion of a private residence, set aside as the location of
the business.
x (2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
x (3) Telephone listing is used for the business separate from the personal residence
listing.
x (4) Labor or services are performed only pursuant to written contracts.
x (5) Labor or services are performed for two or more different persons within a period
of one year.
x (6) Consultant assumes financial responsibility for defective workmanship or for
service not provided as evidenced by the ownership of performance bonds,
warranties, errors and omission (professional liability) insurance or liability insurance
relating to the Work or services to be provided.
Consultant's signature
3.13.24
Date
Page 1 of 1: EXHIBIT C