HomeMy WebLinkAbout2012-149 Contract Addendum - Construction Engineering ADDENDUM TO CITY OF ASHLAND
CONTRACT FOR PERSONAL SERVICES LESS THAN $35,000
Addendum made this 9th day of July , 2012, between the City of Ashland ("City")
and Construction Engineering Consultants, Inc. ("Consultant").
Recitals:
A. On July 18, 2011 City and Consultant entered into a "City of Ashland Contract for
Personal Services Less than $35,000" (further referred to in this addendum as"the
agreement').
B. The parties desire to amend the agreement to increase the compensation to be
paid Consultant.
City and Consultant agree to amend the agreement in the following manner:
1. The maximum price as specified in Paragraph 4 of the agreement is increased
to:
$40,625.0
2. Except as modified above the terms of the agreement shall remain in full force
and effect.
CONSULT T: y/ �� r� �TY OF ASHLAND:
,�y� -rirl
BY . G BY t t u (Z �t W
Department ead
Its �it°�S/Dq�NT Date 7�ixll2-
DATE
Purchase Order q /d337
Acct. No.: 260-08.12. oo.70YZoo
(For City purposes only)
1-CITY OF ASHLAND,ADDENDUM TO CONTRACT FOR PERSONAL SERVICES
G:1pul-wrksWng102-05 N.Main Hersey Wimer Intersection RealigrikkAdminlEng Vendorl(CEC Inc)1Payments102-05
Addendum for Contract for Personal Services less than E35K-p02.docx
I
GO�ST�loN
ENGINEERING
ma P.O.BOX 1724•MEDFORD,OR 97501 •PH(541)779-5268•FAX(541)779-3139
Professional Services Proposal
Date: July 9,2012
To: Karl Johnson
City of Ashland—Engineering Department
Project: Hersey/Wimer North Main Intersection re-alignment
Project Description: Additional engineering services for the above-referenced project.
Fee: $4450.00
Scope of Additional Services:
• Revisions to finalized plans for the proposed Colwell parking lot improvements.Plans revised,per
direction from Mike Faught,for a new parking layout,revisions to proposed alley improvements,
revisions to proposed retaining wall heights and extents,and parking lot grades. Additional
engineering services expense=$3,060.00
• Revisions to finalized bid quantities and project specifications.Bid quantity revisions due to plan
revisions for proposed Colwell parking lot improvements,and revisions to project specifications to
reflect the revised final plans. Additional engineering services expense=$1,390.00
Submitted By:// �� Date:
Mark Kamrath
Accepted By: Date: 9 /Z
CITY OF
a ASHLAND
Council Communication
July 17, 2012 Business Meeting
Approval of a contract amendment for Construction Engineering Consultants for
additional costs on the Hersey/Wimer intersection Re-alignment
FROM:
Scott A. Fleury, Engineering Services Manager, Public Works Department, fleurys @ashland.or.us
SUMMARY
In July of 2011 the City of Ashland contracted with Construction Engineering Consultant (CEC) to
perform all required engineering work with regards to the Hersey/Wimer intersection re-alignment.
Unplanned design changes have caused the contract to overrun the original "not to exceed" contract
amount. The consultant is requesting an additional $4,450 or 28% increase from the original contract
amount.
The Council acting as the local contract review board is required to approve all amendments to
personal service contracts in excess of 25% over the original contract amount.
BACKGROUND AND POLICY IMPLICATIONS:
The approved design of the Hersey/Wimer re-alignment project provides for an approximate 25 foot
shift in the alignment of Hersey Street. This shift eliminates both of the existing driveways and four of
the thirteen parking spaces on the Colwell Chiropractic Clinic property, located at the northwest corner
of the intersection. Access to the clinic and four parking spaces are being provided by on the City
owned lot located adjacent to the Colwell property.
Construction Engineering Consultants were contracted to provide all engineering related design work
for the re-alignment and coordinate other consultants, city staff, and the Oregon Department of
Transportation. The original contract with CEC was $29,170. Previously the scope of the original
contract was expanded by $7,005 to encompass additional tasks that included:
1. Additional survey work
2. Storm drain bio Swale design
3. Engineered retaining wall
4. Schematic layouts for parking lot
5. Electrical design for parking lot lighting
In order to complete the final engineering CEC was required to make revisions to the final drawings,
the bid schedule and project specifications based on the recommendation to remove of the lower
section of the planned parking lot. The consultant associated costs for the final revisions was $4,450.
The City's professional services contracts are intended to be flexible and adaptable to the changing
conditions found in our public works projects. Staff strives to anticipate changes that might arise,
Page 1 of 2
CITY OF
-AS H LAND
however it is impossible to foresee each and every condition that will change the amount of time and
effort expended by the engineers. These contracts must adapt to the influence of regulatory agencies,
input from political bodies, environmental regulations and changing physical conditions. The only
possible means by which contract amendments can be avoided is to create a lump sum contract.
Unfortunately, to account for unknowns the consultant is required to inflate the contract accordingly,
sometimes as much as 100 percent higher than a standard time and materials contract.
FISCAL IMPLICATIONS:
The original contract with CEC for$29,170 was previously increased by $7005, a 24% increase. An
additional $4,450 increase to the contract represents a 28% overall budget increase and requires City
Council approval. The final contract total is $40,625. All costs by CEC are reimbursable under the
fund exchange agreement in place to fund a majority of the construction of the Hersey/Wimer project.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the attached contract amendment to the CEC contract. The extra work is
the result of changing conditions and requirements beyond the control of staff or the consultant.
SUGGESTED MOTION:
Move to approve a$4,450 amendment to the contract with CEC for additional work required on the
Hersey/Wimer re-alignment project.
ATTACHMENTS:
1. Contract Amendment #2
Page 2 of 2
Pagel I 1
�JJ�� CITY O F ,
�.� SH LAND � DATE PO NUMBER
A
v� 20 E MAIN ST. 7/21/2011 10334
ASHLAND, OR 97520
(541)488-5300
VENDOR: 016077 SHIP TO: Ashland Public Works
CONSTRUCTION ENGINEERING, CONSULTANTS (541) 488-5587
PO BOX 1724 51 WINBURN WAY
MEDFORD. OR 97501 ASHLAND, OR 97520
FOB Point: - Req.No.:
Terms: Net Dept:
Req.Del.Date: Contact: Jim Olson - Karl Johnson
Special Inst: Confirming? NO
Quantity Unit Description Unit Price Ext. Price
THIS IS A REVISED PURCHASE ORDER
Provide engineering services for the 29,170.00
design and construction of the N. Main
/ Hersey/Wimer Intersection
Re-Aliqnment Project 2002-05
Contract for Personal Services
Beginning date: July 18, 2011
Completion date: December 31, 2012
Insurance required/On file
Processed change order 04/06/2012 7,005.00
Increase the compensation to be paid to
contractor per attached proposal for
additional services
Processed change order 07/18/2012 4,450.00
Additional engineering services for
this project per attached proposal
dated July 9, 2012
.i
SUBTOTAL 40 625.00
BILL TO:Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 40,625.00
ASHLAND, OR 97520
Account Number Project Number Amount Account Number .Project Number 'Amount
E 260.08.12.00.70420 E 200205.100 40,k5.00
Auth ed Signal re - VENDOR COPY
FORM #10 CITY OF
CONTRACT AMENDMENT APPROVAL REQUEST FORM
A[� i j j ��i Request for a Change Order J n L 1�
Name of Supplier/Contractor 1 Consultant: Construction Engineering Consultants, Inc. Total amount of this.
contract amendment"
Purchase Order Number: # 10334
Title I Description: N. Main/Wimer/Hersey Intersection Realignment $ 4;450.00 ?
❑� Per attached contract amendment
Contract Amendment
Original contract amount $29.170.00 100 %of original contract
Total amount of
previous contract amendments $7,005.00 0 %of original contract
Amount of this contract amendment $4,450.00 15 %of original contract
TOTAL AMOUNT OF CONTRACT $40,625.00 39 %of original contract
In accordance with OAR 137-047-0800:1)The amendment is ALrthin 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 contrach c)The amended contract does not have a total term greater than allowed in the solicitation 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 l Attach cow of CC.)
Sourcing Method:
SMALL PROCUREMENT-Less than$5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT.QRF or
El'YES',the total amount of contract and REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50
cumulative amendments<_$6,000. ❑ 'YES",the total amount of cumulative E]'YES',the total amount of original contract and
❑ If'NO',amount exceeding authority requires amendments<_25%of original contract amount or cumulative amendments<-$100K for Goods&
Council approval.Attach copy of Council $250,000 whichever is less. Services,:c$75K for Personal Services,<$50K for
Communication. ❑If'NO',amount exceeding authority requires Attorney Fees.
❑ Exempt-Reason: Council approval.Attach copy of Council ❑ If'NO',amount exceeding authority requires
Communication. Council approval.Attach copy of Council
❑ Exempt-Reason: Communication.
❑ Exempt-Reason:
INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT
Goods&Services-$5,000 to$100.000 ❑ 'YES",the total amount of cumulative ❑ Written Findings:Document the nature of the
Personal Services -$5.000 to$75.000 amendments s 25%of original contract amount or, emergency,including necessity and circumstances
❑ 'YES',the total amount of cumulative $250,000 whichever is less. requiring the contract amendment
amendments-<25%of original contract amount. ❑If'NO',amount exceeding authority requires ❑ Obtain direction and written approval from City
❑x If"NO",amount exceeding authority requires Council approval.Attach copy of Council Administrator
Council approval.Attach copy of Council Communication. ❑ If applicable,attach copy of Council
Communication. ❑ Exempt-Reason: Communem ication
[] Exempt—Reason: ❑ Ex t-Reason:
SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT
❑'YES',the total amount of original contract and cumulative El'YES',the original contract was approved by City Council.
amendments are within the amount and terms initially approved by Provide date approved by City Council: (Date)
Council as a Special Procurement. If'NO',Council approval is required.Attach copy of Council Communication.
❑ If'NO',amount exceeding authority requires Council approval. ❑ Contract amendment approved and signed by City Administrator.
Attach copy of Council Communication.
Project Number: 2002-05 Account Number: 260.08.12.00.704200 Account Number:
'Expenditure must be charged to a ifigtQ account numbers for the financials to reflect the actual expenditures accurately. All ch extra pages if needed.
Employee Signature: Department Head Signature:
� (Equal to or greater an$5,000)
Funds appropriated for current fiscal year: (yj" / NO ti - 7�if/�j-0 �6n8t2B4�
Finance Director(Equal toorg erthan15,0�0) Date
Comments:
Form#10-Contract Amendment Approval Request Form,Request for a Change Order,Page 1 of 1,4/2/2012