HomeMy WebLinkAbout2014-284 CONT Addendum - Laurie Sager & Associates
ADDENDUM TO CITY OF ASHLAND
CONTRACT FOR PERSONAL SERVICES LESS THAN $35,000
Addendum made this 19th day of September, 2014, between the City of Ashland
("City") and Laurie Sager and Associates ("Consultant").
Recitals:
A. On March 4, 2014 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 and modify the scope of work.
C. The following request for additional funds exceeds $35,000; therefore, the City
Council is required to approve the expenditures dictated by this increase to this contract
for personal services.
City and Consultant agree to amend the agreement in the following manner:
1. The scope of services is modified to add "design services proposed to complete
the construction observation phase of the Ashland Creek Park project."
2. The compensation is being increased $7,397.0 0 (initial amount of $32,208.00,
plus increase for a total of $39,605. 00) as follows:
Thornton Engineering (20 hours for future site inquiries and additional
requested services $3,525. 00)
Carlos Delgado Architect (15 hours for future site inquiries $1,200.00)
Laurie Sager and Associates (20 hours for future site inquiries $2, 000. 00,
plus 10% Contingency $672.00)
3. Except as modified above the terms of the agreement shall remain in full force
and effect.
C U T: CITY OF ASHLAND:
BY BY
/sy D~~~ent Head
Its Date /
DA4
T' 1
Purchase Order #
Acct. No.:
(For City purposes only)
1- CITY OF ASHLAND, ADDENDUM TO CONTRACT FOR PERSONAL SERVICES
CITY OF
-ASHLAND
Council Communication
October 7, 2014, Business Meeting
Approval of Contract-Specific Procurement for Architectural and Engineering
Services of Ashland Creek Park Construction
FROM
Michael A. Black, Parks and Recreation Director
SUMMARY
This is a request for City Council, acting as the Local Contract Review Board, to approve an
exemption from the competitive bid process and a directly award of an addendum to the contract of
Laurie Sager for Architectural and Engineering work associated with Ashland Creek Park
Construction. Additional duties to include future site inquiries for changes in the project as required.
BACKGROUND AND POLICY IMPLICATIONS
Ashland Parks and Recreation has been working on the Ashland Creek Park project with Laurie Sager
and Associates since May 14, 2014. The initial Sager contract for personal professional services during
the construction period was $32,208.00. Unexpected delays as well as unforeseen issues within the
project have added additional work requirements.
City policy states that council approval is required for Personal Services exceeding $35,000.00.
FISCAL IMPLICATIONS
The original contract amount of $32,208.00 was the original estimate including a 10% contingency.
Given the unforeseen complications, additional requirements have increased the scope of work by
$7397.00, for a total contract amount of $32,208.00. Parks is requesting approval for a total of
$50,000.00 spending authority if needed to complete this project.
STAFF RECOMMENDATION AND REQUESTED ACTION
Staff recommends approval of the Special Procurement to award Contract.
SUGGESTED MOTION
I move that Council, acting as the Local Contract Review Board, adopt the findings set forth in the
attached Special Procurement Request for Approval and approve the Special Procurement described
therein.
ATTACHMENTS
Special Procurement-Request for Approval (Written Findings)
Page I of 1
F1,
SPECIAL PROCUREMENT
REQUEST FOR APPROVAL
To: City Council, Local Contract Review Board
From: Michael Black, Director of Ashland Parks and Recreation
Date: September 22, 2014
Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS27913.085, this request for approval of a Special Procurement is being
presented to the City Council for approval. This written request for approval describes the
proposed contracting procedure and the goods or services or the class of goods or services to be
acquired through the special procurement and the circumstances that justify the use of a special
procurement under the standards set forth ORS 279B.085(4).
1. Requesting Department Name: Ashland Parks and Recreation
2. Department Contact Name: Bruce Dickens
3. Type of Request: Class Special Procurement X Contract-specific Special Procurement
4. Time Period Requested: From: October 7, 2014 To: December 31, 2014
5. Total Estimated Cost: $50,000.00
6. Short title of the Procurement: Contract-Specific Procurement for Architectural and
Engineering of Ashland Creek Park.
Supplies and/or Services or class of Supplies and/or Services to be acquired:
Construction Architecture and Engineering services are still required in order to complete
Ashland Creek Park. The Parks and Recreation Department, along with Roxy Ann Rock
Construction, is in the second month of construction on Ashland Creek Park which was
approved by City Council on July 15, 2014. The Parks and Recreation Department worked
with Laurie Sager and Associates on all planning, design and engineering. The project has
had various delays due to unexpected constraints such as archeology findings, stormwater
mitigation in the floodplain, planning issues related to the demolition of the barn and asbestos
removal during construction.
7. Background and Proposed Contracting Procedure: Provide a description of what has
been done in the past and the proposed procedure. The Agency may, but is not required to,
also include the following types of documents: Notice/Advertising, Solicitation(s),
Bid/Proposal Forrns(s), Contract Form(s), and any other documents or forms to be used in
the proposed contracting procedure. Attach additional sheets as needed.
4
Background: Utilization of an Architect and Engineer is a practice for bigger projects
within the department that staff does not have the expertise.
Proposed procedure: Directly award public contract to Laurie Sager requested funds that
exceed $35,000. in order to complete Ashland Creek Park.
8. Justification for use of Special Procurement: Describe the circumstances that justify
the use of a Special Procurement. Attach relevant documentation. Parks has been working
with the contractor since 2014 and has all of the knowledge related directly to the design and
architecture of this project.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
X_ (a) will be unlikely to encourage favoritism in the awarding of public contracts or
to substantially diminish competition for public contracts because:
(Please provide specific information that demonstrates how the proposed Special Procurement meets this
requirement.); and
_X (b)(i) will result in substantial cost savings to the contracting agency or to the
public because:
(Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or
(b)(ii) will otherwise substantially promote the public interest in a manner that
could not practicably be realized by complying with the requirements of ORS 279B.055,
279B.060, 279B.065, or 279B.070, or any rules adopted thereunder because:
(Please provide specific information that demonstrates how the proposed Special Procurement meets this
requirement.)
Public Notice:
Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give
public notice of the Contract Review Authority's approval of a Special Procurement in the
same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and
OAR 137-047-0300. The public notice shall describe the Goods or Services or class of
Goods or Services to be acquired through the Special Procurement and shall give such public
notice of the approval of a Special Procurement at least seven (7) Days before Award of the
Contract.
After the Special Procurement has been approved by the City Council, the following public
notice will be posted on the City's website to allow for the seven (7) day protest period.
ate iPage 1 / 1
ASHLAND PARK COMMISSION
20 E MAIN ST. DATE PO NUMBER
ASHLAND, OR 97520 7/1/2014 00341
(541) 488-5300
VENDOR: 002745 SHIP TO:
LAURIE SAGER & ASSOCIATES
LANDSCAPE ARCHITECTS INC.
700 MISTLETOE ROAD, SUITE 201
ASHLAND, OR 97520
FOB Point: Req. No.:
Terms: net Dept.:
Req. Del. Date: Contact: Bruce Dickens
Special Inst: Confirming? No
Quantity Unit ` Description ' Unit Price Ext. Price
THIS IS A REVISED PURCHASE ORDER
Ashland Creek Park 32,208.00
Design, Architect and Engineering
Services
Contract for Personal Services
Beginning date: (not on contract)
Completion date: November 15, 2014
Processed change order 10/27/2014 7,397.00
Additional amount of $7,397.00 approved
by Council 10/07/2014
U iLI
SUBTOTAL 39 605.00
BILL TO: TAX 0.00
FREIGHT 0.00
TOTAL 39,605.00
Account Number Project Number Amount Account Number Project Number Amount
E 411.12.00.00.70420 E 000054.999 39,605.00
e/ VENDOR COPY
Auth zed Signatur
Z,
FORM #10K, CITY OF
CONTRACT AMENDMENT APPROVAL REQUEST FORM
Request for a Change Order S H LA
N
Name of Supplier/ Contractor/ Consultant: LiW P_j e SAGCX ~ 8566-WPI ~-5 ifNL, Total amount of this
Purchase Order Number: cc) qI contract amendment:
Title / Description: JyBh,lc~ $
Cruk~ ~P~-' "i4e~Lt bJ6JV4dXA
Per attached contract amendment 54112
Contract Amendment
Original contract amount $ . ~g 100 % of original contract
Total amount of previous contract amendments % of original contract
Amount of this contract amendment % of original contract
TOTAL AMOUNT OF CONTRACT $ 6 D~ % of original contract
In accordance with OAR 137-047-0800: 1) The amendment is within the scope of procurement as described in the solicitation documents, Sole Source notice or approval of Special
Procurement. 2) The amendment is necessary to comply with a change in law that affects performance of the contract 3) The amendment results from renegotiation of the terms and
conditions, including the contract price, of a contract and the amendment is advantageous to the City of Ashland, subject to all of the following conditions: a) goods and services
to be
provided under the amended contract are the same as the goods and services to be provided under the unamended contract; b) The City determines that, with all things considered,
the
amended contract is at least as favorable to the City as the unamended contract; c) The amended contract does not have a total term greater than allowed in the 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 1 Attach copy of CC.)
Sourcing Method:
SMALL PROCUREMENT - Less than $5.000 INVITATION TO BID or COOPERATIVE PROCUREMENT, QRF or
❑ "YES", the total amount of contract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50
amendments s $6,000. ❑ "YES", the total amount of cumulative amendments ❑ "YES", the total amount of original contract and
❑ If "NO", amount exceeding authority requires s 25% of original contract amount or $250,000 cumulative amendments s $100K for Goods & Services, s
Council approval. Attach copy of Council whichever is less. $75K for Personal Services, < $50K for Attorney Fees.
Communication. ❑ If "NO", amount exceeding authority requires ❑ If "NO", amount exceeding authority requires Council
❑ Exempt- Reason: Council approval. Attach copy of Council approval. Attach copy of Council Communication.
PERSONAL SERVICES Communication. ❑ Exempt- Reason:
❑ "YES", Direct appointments $35,000 ❑ Exempt-Reason:
❑ If "NO", requires approval.
INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT
Goods & Services - $5.000 to $100.000 ❑ "YES", the total amount of cumulative amendments ❑ Written Findings: Document the nature of the
Personal Services - $5.000 to $75.000 5 25% of original contract amount or $250,000 emergency, including necessity and circumstances
,Ek"YES", the total amount of cumulative whichever is less. requiring the contract amendment
amendments !5 25% of original contract amount ❑ If ❑ If "NO", amount exceeding authority requires ❑ Obtain direction and written approval from City
"NO", amount exceeding authority requires Council Council approval. Attach copy of Council Administrator
approval. Attach copy of Council Communication. Communication. ❑ If applicable, attach copy of Council Communication
❑ Exempt -Reason: ❑ Exempt-Reason: ❑ Exempt- Reason:
SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT
"YES", the total amount of original contract and cumulative amendments are ❑ "YES", the original contract was approved by City Council.
within the amount and terms initially approved by Council as a Special Provide date approved by City Council: (Date)
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 co of Council Communication.
064
ProjectNumberom-Y
Account Numbe#11.IZIPP-0-70MMAccountNumber
- -
*Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach cfra pages if needed.
Employee Signature Uj a Department Head Signature:
„ (Total amqunt ofcontract? $5,000)
City Administrator:
(
Funds appropriated for current fiscal year. / NO EquaPtto orgreater ~ D $ 00 or 10%)
Finance Director (Equal too ater than $5,000) Dat
Comments:
Form #10 - Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 9/22/2014