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HomeMy WebLinkAbout2020-083 PO 20200345- GEI Consultants Inc Purchase Order ,,. .. O1 A Fiscal LLYiiear 2020 a k Page: 1 of: 1 r— Ali! [1[sl 1_.._*3[,[,3>AFIIINt-sV;2_I �9�93F,._ B City of Ashland iJ ATTN: Accounts Payable Purchase L 20,E. Main 20200345 Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable@ashland.or.us, V H C/O Public Works Department E GE! CONSULTANTS INC I 51 Winburn Way N 400 UNICORN PARK DRIVE p Ashland, OR 97520 WOBURN, MA 01801 Phone: 541/488-5347 R T .Fax: 541/488-6006 _Paula Brown ____ E aI€ t 3a[=! a- �3c e;i=laet=iE'�F ai�ltrelo(= —= 02/27/2020 5109 FOB ASHLAND OR/NET30 I City Accounts Payable =�Ev18e — _—_ _ __:��*_..1=€Es9f�s�F� l�Es�`= -� = -- [ ��=4ffi .'ae —'ea Dam Safety Program Audit 1 Owner's Dam Safety Program (ODSP)Audit ' 1 $25,000.0000 $25,000.00 Personal Services Agreement Completion date: 06/30/2020 Project Account: ***************GL SUMMARY*************** 081500-604100 $25,000.00 • By: ""�0 Date: _ Authorized Signature $25 000.00 rle„,,, 744 &!/ I . . , , FORM #3 CITY OF A request for a Purchase r" . © 0 #.14 - ASH LAND REQUISITION Date of request: 0113 i20 Required date for delivery: Vendor Name GEI Consultants Inc. Address,City,State,Zip 6915 SW Macadam Ave.Portland,OR 97219 Contact Name&Telephone Number Craig Hall 510-224-6242 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding .0 Emergency ❑ Reason for exemption: ❑ Invitation to Bid 0 Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: 0 Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) ^(If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award (Attach copy of council communication) Contract# ❑ Verbal/Written bid(s)or proposal(s) 0 Request for Qualifications(Public Works) 0 State of Washington Date approved by Council: Contract# _(Attach copy of council communication) 0 Other government agency contract Intermediate Procurement ❑ Sole Source Agency . GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached 0 Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES 0 Special Procurement 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 ❑ Form#9,.Request for Approval Agreement approved by Legal andapproved/signed by ❑■ Less than$35,000,by direct appointment 0 Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached Date approved by Council: 0 Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost Owner's Dam Safety Program (ODSP) audit ' $;25;000',00 Item# Quantity Unit Description of MATERIALS ' Unit Price Total Cost • ❑� TOTAL Per attached quote/proposal - ;COST_ Project Number _ _ Account Number 081500 604100 Account Number Account Number - *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. , �1 20 ZSD Employee:k00 O ` `��ImDepartment Head: ��+1-�� or greater han$ ,000) Department'Manager/Supervisor: City Administrator: Eltli. -.7 Z 2 7472o (Equal tlir�t than ls� '•�0) Funds appropriated for current fiscal year: /NO ' -(31-4041....------Deputy inance Director-(Equal to or greater than$5,000) Date Comments: Form#3'-Requisition PERSONAL SERVICES AGREEMENT CONSULTANT: GEI CONSULTANTS, INC. CITY OF -ASH LAN D CONSULTANT'S CONTACT: 'CRAIG HALL 20 East Main Street ADDRESS: 6915 SW MACADAM AVENUE, SUITE 130 Ashland,Oregon 97520 PORTLAND, OREGON 97219 Telephone: 541/488-5587 Fax: 541/488-6006 TELEPHONE: (510)224-6242 EMAIL: cha11Qgeiconsultants.com This Personal Services Agreement(hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter "City") and GEI Consultants,Incorporated,a foreign business corporation("hereinafter"Consultant"),for an external Owner's Dam Safety Program(ODSP)Audit for the City of Ashland's dam safety program. 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 on June 30,2020. 2. Scope of Work: Consultant will provide an external Owner's Dam Safety Program (ODSP) Audit for the City of Ashland's (City's)Vdam safety program as more fully set forth in the Consultant's Proposal entitled"Proposal for Owner Dam Safety Program(ODSP)Hosier Dam Safety Improvements(Project 2019-07), dated January 10,2020,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. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complimentary 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 other supporting documents. 4. All Costs Borne By Consultant: Consultant shall, at its own risk and expense,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. 5. 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 service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Page 1of6 6. Compensation: City shall pay Consultant the sum of$25,000.00 (twenty five thousand 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 $25,000.00 (twenty five thousand 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. 7. Ownership of Work/Documents: All Work product or documents produced in furtherance of this Agreement belong to the City, and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 9. Living Wage Requirements: 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 shall also 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 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 to the extent such actions or claims arise out of or incident to the negligent 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). However, Consultant shall not be held responsible for any losses, expenses, claims, subrogations,actions,costs(including defense costs),judgments,or other damages,to the extent such actions are caused by the negligence of City. 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 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 • Page 2 of 6 • • 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 services 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 termination.Further,upon termination, Consultant shall deliver to City all Agreement 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. 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: 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 Page 3 of 6 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 claim. This is to cover any damages caused by error, omission or negligent acts related to the professional services to be provided under this Agreement. "Tail" coverage will be required at the completion of the Work under this Agreement for the remaining Term, and not less than twenty-four(24)months after completion of all Work. Consultant shall be responsible for furnishing certification of the"tail"coverage as described herein or continuous "claims made"liability coverage for not less than twenty-four(24)months following completion of all Work,provided that the continuous"claims made" coverage has a retroactive date on or before the Effective Date of 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. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 (one million dollars)per occurrence 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 30 days' prior written notice from the Consultant or its insurer(s)to the City. f. Additional Insured/Certificates of Insurance. Consultant shall supply an endorsement naming the City, its officers,employees and agents as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation,required herein,by the Effective Date, but only with respect to Consultant's Work to be provided under this Agreement. Consultant's insurance shall be primary and non-contributory. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish a certificate or certificates of such insurance approved by the City prior to commencing any Work under this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring companiesor entities are subject to the City's acceptance. If requested, complete copies of insurance policies 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.110. Page 4 of 6 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall,throughout the team 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,for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement,has faithfully complied 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. 18. Governing Law; Jurisdiction;..Venue: This Agreement shall be governed and construed in accordance with 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. 19. 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. 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 Page 5 of 6 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. 22. Certification. Consultant has executed the certification attached hereto as"Exhibit C"and incorporated herein by this reference. CITY OF ASHLAND: GEI CONSULTANTS,INC. (CONSULTANT): By: rilt By: CA-6"- . /Z'1, City Admini r i /Lgnature ICELf 4. M4OP/FJ6-- C/Q q 4• !3AL-L Printed Name Printed Name 2u q(1,4( 2 I , 2 o'10 L E r N-F-S f r,V7— Date Title ire-ggwV2-y /0 702-0 Date Purchase Order No. ` ® "A"--- (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: Assistant City Attorney • Date a Page 6 of 6 Exhibit A Lit) GEI Consultants January 10,2020 Mr.Scott Fleury,PE Deputy Public Works Director City of Ashland consulting 20 E.Main Street Engineers and Ashland,OR 97520 RC1°t"t' Subject: Proposal for Owner Dam Safety Program (ODSP) Hosler Dam Safety Improvements(Project 2019-07) Dear Mr.Fleury: GEI Consultants,Inc.(GEI)has prepared the following proposal for conducting an external Owner's Dam Safety Program(ODSP)Audit for the City of Ashland's (City's)dam safety program associated with the Hosier Dam Safety Improvement(Project 2019-07).We are very interested and committed to performing these services for the City. It is important and required by FERC to have a robust and focused dam safety program to safeguard public safety. The ODSP audit is intended to insure the dam safety program is kept current and is well documented. The scope of the audit will be commensurate with the complexity of the City's Hosler Dam. GEI's external audit proposal encompasses numerous items for review as detailed in Attachment A. For the external audit of the City's ODSP,GEI will perform the following: m Review of previous and current ODSP(if available) m Conduct additional review of the various components of the dam safety program as detailed in Attachment A m Conduct in-house discussions and reviews with appropriate City management,engineering,and , operations personnel at the City m Prepare an ODSP Audit Report including an evaluation of each program component and , conclusions and recommendations m Observe City staff inspections of the dam(FERC No.1107-Hosler Development of the , Reeder Gulch) EXTERNAL ODSP AUDIT The FERC established its ODSP in 2007,with further guidance on a periodic audit provided in their letter to licensees/owners dated August 15,2012 and updated information provided through their Guidance for ODSP External Audits dated January 16,2018.Topically,the ODSP Audit deals with the following areas: m Dam Safety Program m Surveillance and Monitoring Program m Operations and Maintenance ii Site Visits m Engineering,Re-evaluations,and Issue Management m Emergency Preparedness w w w.g e i c o n sultan r s.c o in GFI Consultants,Inc. 6915 SW Macadam Avenue,Suite 130, rtland,OR 97219 ' 503.697.1476 \ \ Mr.Scott Fleury,PE City of Ashland January 10,2020 Page 2 m Support Activities including Training is Overall ODSP Evaluation We have assumed the following regarding the external audit of the City's ODSP: m The external ODSP audit will be led by David Gutierrez,former Chief of California Division of Safety of Dams(CA DSOD). Quality Assurance/Quality Control(QA/QC)will be provided by Mr.Craig Hall;a staff engineer from GEI will provide support.Mr. Gutierrez has conducted many ODSP-type audits for local,state,and federal dam owners. He has prepared reviews for the United States Bureau of Reclamation,Tennessee Valley Authority,Yuba. County Water Agency and many other state and private owners.Mr. Gutierrez has been approved by.H RC on other audits. He was lead author for the Association of State Dam Safety Officials peer review program manual,which is used to perform reviews for state dam safety programs nationally. He was also committee chair for FEMA's model dam safety program. m The City will provide any available information on previous ODSP or program reviews,if available,plus any additional background material.GEI will review these background materials, as well as supporting information that is required,in preparation for the audit. • m The ODSP audit will be performed at the City's offices and will generally cover the outline enclosed as Attachment A:Items for the Review of Dam Safety Pngniiit.This outline is compliant with the FERC ODSP program.There will be an individual or group interview format to understand the City's ODSP,especially emphasizing the roles and responsibilities of the Chief Dam Safety Engineer;the chain of authorities and responsibilities of the City's Manager(s),and the involvement,training,and understanding of key engineering,operation(water and power), and maintenance staff.We anticipate that the interview(s)will occur in a question and answer format.In addition,we assume that all the key individuals needed to complete the external ODSP audit can meet at the City's offices with the date/location to be determined at a later date from discussions with Mr.Fleury. m The external ODSP audit will be documented in an ODSP Audit Report.The report will address the above outline and include any areas for improvement as recommendations. GEI can arrange a meeting to present our findings after our office and field audits services are complete. DELIVERABLES Three copies of each draft report will be submitted to the City for review and comment prior to preparing the final version. SCHEDULE Our proposed project schedule is to begin work on a date to be determined by the City and will be coordinated with the availability of key staff. Mr.Scott Fleury,PE City of Ashland January 10,2020 Page 3 PRELIMINARY COST ESTIMATES We estimate a total not to exceed cost of$25,000 to complete the above scope of services.Prior to commencing the audit,the City should receive approval from FERC of David Gutierrez as the auditor. Please contact me at 510.224.6242(or via email at chall@geiconsultants.com)or Mr.Gutierrez at 916.596.1799(dgutierrez@geiconsultants.com)if you have any questions or comments. Sincerely, GEI Consultants,Inc. G(,l a . 1 4 Craig Hall,PE,GE David Gutierrez,PE,GE Vice President,Principal Geotechnical Engineer Vice President,Water Resources Engineer Attachment EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating I. II•I • I I I .. $15.39 .per hour, effective June 30, 2019. c /r, The Living Wage is adjusted annually every June 30 by the Consumer Price Index. Employees must be paid a portion of business of their of health care,retirement, living wage: employer,if the employer has 401K and IRS eligible ten or more employees,and cafeteria plans(including has received financial childcare)benefits to the assistance for the project or amount of wages received by > For all hours worked under a business from the City of the employee. service contract between their Ashland in excess of employer and the City of $21,507.75. > Note: For temporary and Ashland if the contract part-time employees,the exceeds$21,507.75 or more. > If their employer is the City of Living Wage does not apply Ashland,including the Parks to the first 1040 hours worked > For all hours worked in a and Recreation Department. in any calendar year. For month if the employee spends more details,please see 50%or more of the ➢ In calculating the living wage, Ashland Municipal Code employee's time in that month employers may add the value Section 3.12.020. working on a project or For additional information: Contact the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street,Ashland, OR 97520,or visit the City's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employee. CITY OF ASHLAND Page 1 of 1 EXHIBIT C. J 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 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. (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. (2)Commercial advertising or business cards or a trade association membership are purchased for the business. Y (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. (5)Labor or services are performed for two or more different persons within a period of one year. (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. C".. ,-.0 : a.. th\t-g- (Cf-r. CA.MJS__UL 774 A17-S. ri c_.) Feefi4-1 601 /15' ze ID Consultan Date i l Pagetof] -- .. EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through its authorized representative,under penalty of peijury, 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 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. (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. (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. Y‘ (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)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. (V\0,: 6. t-i-r•LS ff---f.r. X15 vL'rv9NT S c_1 1"-esaA p-if /O 202,0 Consultan/ Date Page 1 of 1 ATTACHMENT A Page 1 ITEMS FOR THE REVIEW OF DAM SAFETY PROGRAM DAM SAFETY PROGRAM 1. Dam Safety Program Objectives at Determine if stated dam safety objectives include all aspects needed to accomplish an effective dam safety program m Determine if procedures to achieve objectives are being satisfactorily accomplished m Are dam safety program guidance documents complete,consistent,applicable,and to what degree are these understood and followed? m Dam safety risk focus m Organizational commitment with adequate resources and timely response to dam safety findings m How are non-conformances and identified needed improvements being accomplished in a timely manner? 2. Organizational Structure and Responsibilities(Governance) m Organization chart,roles and responsibilities(Manager and down)and requirements and authority of CDSE and its staff II Regulatory aspects (understanding regulation requirements) Ell Policies and goals satisfying dam safety requirements(understanding dam safety risks) m Dam safety philosophy established,directed,and issued annually to all for the CEO to Organizational commitment to dam safety and protection of the public m Internal and external communication and coordination m Maintaining adequate dam safety resources,processes,and controls commensurate with all requirements and risks associated with the District's portfolio of dams,penstocks,tunnels, canals,etc. to meet dam safety objectives and responsibilities SURVEILLANCE AND MONITORING PROGRAM 3. Inspections m Type and frequency of inspections • m Organization to accomplish ® Components and staff responsibilities ' ' ' m Reports m Report review and QC 4. Instrumentation • Data collection CI Data reporting UM Data interpretation,analysis,and evaluation it Spurious readings and resolution process m Quality control to Decision and reporting processes m Adequacy for accessing potential failure modes ATTACHMENT A Page 2 Ell Instrumentation maintenance and program for determining proper functioning and calibration of instruments is Report on determining the adequacy of safety and determining the adequacy for continued safe performance and operation m Contractor responsibilities and dam safety staff review of contractor work OPERATIONS AND MAINTENANCE . 5. Flow Control Equipment Program m Organization,responsibilities,authorities,decision-making processes,operations,inspections, testing,evaluations,and remediation is Inspections and maintenance to assess conditions and reliability is Remote control program(SCADA,etc.) m Back-up power m Assess during floods,earthquakes,etc. is Testing and procedures under various loading conditions(type oftestingif unable to perform —e.g.full gate opening that could cause flooding) m Steps taken to confirm reliable operation and understanding consequences of miss-operation or failure m Reporting,actions,recording 6. Dam and Water Conveyances Maintenance m Maintenance program for dam,water control structures,reservoir rim,and dam access routes ■ Inspections (types and frequencies) • Reporting • Actions and procedures for accomplishing 7. Reservoir Operations and Public Safety m Operating procedures m Rule curves is Responsibilities,processes,and procedures for safe operation under various operating conditions (normal,flood,earthquake,debris,etc.) m Non-conformance and incident reporting m Assessing and determining need for remediation,modifications,etc. m Knowledge of operating staff being recorded and transitioned to replacement staff (retirements,etc.)in future(training and succession planning) • m Operating procedures and effects on structures and public safety m Plans for access to material,equipment,and personnel needed during emergency conditions including access route conditions and availability and consideration for alternate routes ENGINEERING,REEVALUATIONS AND ISSUE MANAGEMENT 8. Engineering Services • EU Design of new structures,modifications or repairs m Design reviews ATTACHMENT A Page 3 m Construction reviews m Construction management and inspections m Contracting services m Regulatory compliance 9. Dam safety issues m Understanding dam safety issues m Prioritizing m Understanding risks and consequences m Process and procedures for responding to and correcting dam safety issues II Procedures for documenting and tracking dam safety issues to resolution m Records keeping 10. Managing non-conformance m Risk identification and prioritization EE Investigations II Assessments m Reporting status and resolutions ■ Records keeping EMERGENCY PREPAREDNESS. 11. Emergency Preparedness © Understanding what could potentially create a hazardous condition including failure and resulting effects m Plans fox preventing potential incidents from developing into dam safety problems resulting in hazards to the public • Understanding potential failure modes and how to deal with them if they are developing m Warning systems m Access routes,equipment,and personnel needs during an emergency ▪ Organizational aspects,authorities,and decision-making processes during an emergency m Communications and coordination any dam owners upstream and downstream,emergency services agencies,and communities upstream and downstream during planning and during emergencies m Relationships with the public and emergency services agencies m Understanding consequences of incidents up to dam failure m Tests and exercises of the emergency action plans including reviews of exercises and accomplishing any needed improvements to the plans and procedures to Implementing new technologies (flood warning,GIS,communications equipment,etc.) m Documentation of lessons learned and implementation programs for improvements SUPPORT ACTIVITIES 12. Training and Succession Planning m Operating staff training program ATTACHMENT A Page 4 o Dam safety staff training program m Training for managers m Succession planning program m Emergency planning training program(including understanding of operations and dam safety aspects) m Aspects associated with the pubic 13. Information Management C11 Policies,plans,and procedures m Documenting investigations,analyses,designs,etc. LE Documenting dam safety data and important information for dams and appurtenant structures m Documenting remediation ® Inspection m EAP tests and exercises ECIncident reports m Operation changes at the dams m Operational history e DATE(MM/OD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE k...----- 11/1812019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS'NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poiicy(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 rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Marsh USA Inc. NAME: . Craig A Parrow 20 Church Street,8th Floor PHO E x0; (860)723-5784 1 iAA/c,Nob Harford, CT 06103-3187 ADDARESS: craig.a.parrowPmarsh.com INSURER(S)AFFORDING COVERAGE NAIC S www.marsh.com INSURER A: National Union Fire Ins Co Pittsburgh PA 19445 INSURED INSURER B: Steadfast Insurance Company _ 26387 GO Consultants, Inc. INSURER C: 6915 SW Macadam Ave Suite 130 INSURER D: Portland OR 97216 INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER: 52396325 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. IITR TYPE OF INSURANCE ANSD Swvo POLICY NUMBER POLICY MJDPI EFF POLICY EXP LIMITS (MM100/YYYY) .(MMlDO/YYYYi A ,/ COMMERCIAL GENERAL LIABILITY 518-02-76 3/1/2019 3/1/2020 EACH OCCURRENCE $1,000,000 i CLAIMS-MADE 11/1 OCCUR PREM SES(Ea occurrence) PREMISES(Ea occutr6nco)_ $300,000 MED EXP(Any one person) $25,000 PERSONAL A ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY 1✓1 raj: 1 ✓1 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 2961705-AOS 3/1/2019 3/1/2020 te°nBddo q INGLE LIMIT $1;000,000 ✓ ANY AUTO 2961704-MA 3/1/2019 3/1/2020 BODILY INJURY(Per person) $ OWNED — SCHEDULED BODILY INJURY(Per accident) $ . AUTOS ONLY AUTOS' HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY ✓ AUTOS ONLY (Per accident) Medical Payments $5,000 B ✓ UMBRELLALIAB 1/ OCCUR SXS-7447104-00 3/1/2019 3/1/2020 EACH OCCURRENCE $2,000,000 _ EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED I RETENTION $ A WORKERS COMPENSATION 012016047-AOS 3/1/2019 3/1/2020 ,/I MUTE.I 1 W- AND EMPLOYERS'LIABILITY Y/N 012016046-CA 3/1/2019 3/1/2020 ANYPROPRIETORIPARTNERIEXECUTIVE EL,EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N NIA -- (Mandatory In NH) EL DISEASE-EA EMPLOYEE $1.000,900 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 I B Contractor's Pollution Liability/ PECO233595-03 3/1/2019 3/1/2020 Each Claim 2,000,000 Prof Liab(retro date:01/01/74) Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The certificate holder is an additional insured on the General and Automobile Liability policies where required by written contract or agreement subject to policy terms,conditions and exclusions.This Insurance is Primary and Non-Contributory on the General,Automobile and Employer Liability policy subject to the policy terms,conditions and exclusions.30 days notice of cancellation/10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION Hosler Dam Engineering Services - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland, Public Works Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland OR 97520 / _ �-L/ _�-J/n �s AUTHORIZED REPRESENTATIVE n:14,PG xc4�awe 9�tduaa�A;e SPw4eo I Marsh Risk and Insurance-Services ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 2396325 119-20 GL AU UlIB $261 NC$261 CPL PL I Nellie Reyna 111/10/2019 2:50:06 PM (PST) I Page 1 of 1 CITY OF FORM #4 ASHLAND InEirvEa1GIiIi`r T' Ol�l�: T"O P °I TAMRfl RE�R� ►•�L S ARVIOOS §:5 000 53 015 000 To: Kelly Madding, Public Contracting Officer From: Paula Brown-Director of Public Works Date: 2/13/2020 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The Department of Public Works intent is to contract with a private consultant the appropriate scope of services developed for project number 2020-03. The scope of work for this project is associated with Reeder Gulch—Hosler Dam Ancillary Dam Safety Services as referenced in contract. The work is expected to take place in fiscal year 2020 with a not to exceed budget amount of$25,000.00. The amount appropriated in the current Council approved budget to perform this work is $100,000.00. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The City of Ashland Engineering Division does not have the adequate staff time or appropriate resources to provide the scope of service contemplated under this contract. In addition, no other Department in the City has the resources or technical knowledge to complete the work associated with this personal services contract. Form#4-Department Head Determinations to Procure Personal Services,Page 1 of 1,2/13/2020 Legal Department Review DOCUMENT TRANSMITTAL AND CONTROL This form will accompany the document through the drafting, review,and signature processes, and will be kept with the City's final executed copy of the document. Required fields are indicated in gray scale. Document: GEI Dam Safety Program audit Personal Service Contract (Include names of to the document) Type of Document: Contract S Lease ❑ Easement ❑ Deed 0 IGA Other(Specify) Dept Contact: Tauri De Mille-Campos ACTION REQUESTED: Dept:Public Works Phone: Ext 2420 E Review Draft Date submitted to Legal: 01/13/2020 Approve final and forward to: Draft due by: ASAP (Unless indicated,Legal will return document to you) Return Requested by: Tami De Mille-Campos p Complete this section ONLY the first time this form is filled out: Has this document been previously worked on by the Legal Dept Staff? R No ❑ Yes If yes,by whom? LEGAL DEPT First.Date Received by Legal Date: N !(-217,07f) By: ice' USE ONLY Returned to Dept.for Revision Date: By: Received for additional review by Legal Date: By: Returned to Dept. for Revision Date: By:. Received for additional review by Legal Date: By: Returned to Dept.for Revision Date: By: Received for Additional Review by Legal Date: By: Returned to Dept for Revision Date: By: Final Logged out by Legal ..Date: Zip By: II Vii" Comments from LEGAL to DEPARTMENT: Comments from DEPAR MENT to L El See Attached. I I Return original executed document to ' '- Does this document need to be recorded? Recorder for safekeeping? El No 1: Yes E No ❑ Yes CITY AD 'IS • TOR/DEPARTMENT HEAD Please do notsign the attached document until this form aWrpeew, oved by the Legal Dept below: FINAL LEGAL DEPARTMENT APPROVAL: 2 Date: , Za Z-0 G:\legal\DEPARTMENTS\Contracting\FORMS\Legal Doc Transmittal-KLB.docx