HomeMy WebLinkAbout2015-354 CONT Addendum - Laurie Sager & Associates Landscape
ADDENDUM TO CITY OF ASHLAND
CONTRACT FOR PERSONAL SERVICES LESS THAN $35,000
Addendum made this 16 day of December, 2015, between the City of Ashland ("City")
Laurie Sager and Associates Landscape Architects, Inc. ("Consultant").
Recitals:
A. On 8/12/2015 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
to Consultant.
City and Consultant agree to amend the agreement in the following manner:
1. (E.g., "The date for completion as specified in Paragraph 3 of the agreement is
extended to February 28, 2013" or "The maximum price as specified in Paragraph 4 of
the agreement is increased to $5, 000.00.
2. (E.g., "The scope of services is modified to add (or delete)
3. Except as modified above the terms of the agreement shall remain in full force and
effect.
CONSULTANT: C Y OF ASHLAND:
BY BY }~~.1'~.15 z--c
Department Head
Its ' Date 1 f
DATL
r Purchase Order #
Acct. No.:
(For City purposes only)
1- CITY OF ASHLAND, ADDENDUM TO CONTRACT FOR PERSONAL SERVICES
RE: North Main Heiman Island Invoice question - Tami Campos Page 1 of 4
RE North Main Heiman Island Invoice question
Laurie Sager <Iauriesager@1auriesager.com>
Wed 12/30/2015 11:35 AM
ro:Tami Campos <tami.campos@ashland.or.us>; 'Clint Brown' <clintb@lauriesager.com>;
1 attachment (53 KB)
North Main-Helman Island Improvements Revisied.pdf;
Tami,
We do not have an additional proposal, our original contract excluded site observation and bid assistance, and
stated that we bill hourly for these services. I have attached our original agreement for your review. We do
have records of our tasks and time that accrued for the additional billing which I believe we sent along a few
weeks ago. Let me know if you need any additional assistance on this.
Thanks
Laurie Thornton
Laurie Sager & Associates
700 Mistletoe Road Suite 201
Ashland, Oregon 97520 t~
P 541 488 1446 F 541 488 0636
www.lauriesager.com
-
From: Tami Campos [mailto:tami.campos@ashland.or.us]
Sent: Wednesday, December 30, 2015 9:03 AM
To: Clint Brown 1
Cc: Laurie Sager
Subject: Re: North Main Helman Island Invoice question
Hi Clint,
Do you have a proposal which outlines the additional work you guys have done over and above what
was included in the original contract?
Thanks,
Tami
-
From: Tami Campos
Sent: Monday, December 14, 2015 10:09 AM
https:Houtlook.office365.com/owa/ 12/30/2015
LAURIE SAGER AND ASSOCIATES LANDSCAPE ARCHITECTS INC.
700 MISTLETOE ROAD, SUITE 201 ASHLAND, OREGON 97520
July 30, 2015
Submitted to:
Mike Faught
City of Ashland, Public Works
20 E. Main Street
Ashland, Oregon 97520
Project:
North Main-Helman Island Improvements
Ashland, Oregon 97520
Proposal for Landscape Architecture Services:
Scope of Work:
• Set up digital site plan using base survey provided by client
• Review projectgoals and specifications with client and research code issues
• Provide the following design schematics for client review and Feedback:
o Meandering paved walkway layout between existing curb cuts/crossings
o Conceptual planting plan using drought tolerant plant material
• After client approval of Me above schematic designs, provide the following Construction
Documents.
o Demolition Plan
o Layout and Detail pion
o Planting Plan
o Irrigation Plan
• Coordination with client including, 2 hour pre-design meeting, 2 plan review meetings, emaiis
and phone calls as required l14 hour allowance)
Design Service Fees.-
TOTAL FEES .......................................................$3,680.00
*An additional work not included in the Scope of Work above such as; specifications, bid
document preparation, bid assistance and on-site construction observation, can be provided at the
hourly rates listed below upon request.
Hourly Rates:
Principal Landscape Architect $100.00
Draftsperson $80.00
Jr Drafter $60.00
*Client shall be billed monthly. Plots and other reimbursable expenses shall be billed at cost
plus 10%. This proposal assumes that any work done by outside consultants (engineers, surveyors,
landscape contractors, etc.) shall be contracted directly with the Client.
P) 541 488 1446 F) 541 488 o636
Client's Responsibilities
A. Client agrees to provide Landscape Architect with all base information, surveys, reports, and
professional recommendations and any other related items requested by Landscape Architect in order
to provide its professional services. Landscape Architect may rely on the accuracy and completeness
of these items.
B. Client agrees to advise Landscape Architect of any known or suspected contaminants at the Project
site. Client shall be solely responsible for all subsurface soil conditions.
C. Client will obtain and pay for all necessary permits from authorities with jurisdiction over the Project.
D. Client agrees to render decisions in a timely manner so as not to delay the orderly and sequential
progress of Landscape Architect's services.
Termination
A. Either Client or Landscape Architect may terminate this Agreement upon seven days written notice.
B. If terminated, Client agrees to pay Landscape Architect for all Basic and Additional Services
rendered and Reimbursable Expenses incurred up to the dote of termination.
C. Upon not less than seven days' written notice, Landscape Architect may suspend the performance
of its services if Client fails to pay Landscape Architect in full for services rendered or expenses
incurred. Landscape Architect shall have no liability because of such suspension of services or
termination due to Clients nonpayment.
Dispute Resolution
Client and Landscape Architect agree to mediate claims or disputes arising out of or relating to this
Agreement before initiating litigation. The mediation shall be conducted by a mediation service
acceptable to the parties. A party shall make a demand fcr mediation within a reasonable time after
a claim or dispute arises, and the parties agree to mediate in good faith. In no event shall any
demand for mediation be made after such claim or dispute would be barred by applicable law.
Mediation fees shall be shared equally.
Article 8 Miscellaneous Provisions
A. This Agreement is governed by the law of Landscape Architect's principal place of business.
B. This Agreement is the entire and integrated agreement between Client and Landscape Architect
and supersedes all prior negotiations, statements or agreements, either written or oral. The parties
may amend this Agreement only by a written instrument signed by both Client and Landscape
Architect.
C. In the event that any term or provision of this Agreement is found to be unenforceable or invalid for
any reason, the remainder of this Agreement shall continue in full force and effect, and the parties
agree that any unenforceable or invalid term or provision shall be amended to the minimum extent
required to make such term or provision enforceable and valid.
D. Neither Client nor Landscape Architect shall assign this Agreement without the written consent of
the other.
F. Irrespective of any other term in this Agreement, Landscape Architect shall not control or be
responsible for construction means, methods, techniques, schedules, sequences or procedures, or for
construction safety or any other related programs, or for another parties' errors or omissions or for
2
another parties' failure to complete their work or services in accordance with Landscape Architect's
documents.
F. Client agrees to indemnify, defend and hold Landscape Architect harmless from and against any
and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to,
reasonable attorneys' fees and all legal expenses and fees incurred through appeal, and all interest
thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of
any damages or losses to property or persons, including injuries or death, or econornic losses, arising
out of the Project and/or this Agreement, except that the Landscape Architect shall not be entitled to
be indemnified to the extent such damages or losses are found by a court or forum of competent
jurisdiction to be caused by Landscape Architect's negligent errors or omissions.
G. Should any legal proceeding be commenced between the parties to this Agreement seeking to
enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in such
proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum
for attorneys' and expert witnesses' fees, which shall be determined by the court or forum in such a
proceeding or in a separate action brought for that purpose. For purposes of this provision,
"prevailing party" shall include a party that dismisses an action for recovery hereunder in exchange
for payment of the sure allegedly due, performance of covenants allegedly breached, or
consideration substantially equal to the relief sought in the action or proceeding.
H. Client and Landscape Architect waive consequential damages for any claims, disputes or-other
matters in question arising out of or relating to this Agreement. Landscape Architect's waiver of
consequential damages, however, is contingent upon the Client requiring contractor and its
subcontractors to waive all consequential damages against Landscape Architect for claims, disputes
or other matters in question arising out of or relating to the Project.
1. To the extent damages are covered by property insurance during construction, Client and
Landscape Architect waive all rights against each other and against the contractors, consultants,
agents and employees of the other for such damages. Client or Landscape Architect, as appropriate,
shall require of the contractors, consultants, agents and employees of any of them similar waivers in
favor of the other parties described in this paragraph.
1. Nothing in this Agreement shall create a contractual relationship for the benefit of any third party.
K. If this Agreement is not signed and returned to Landscape Architect within 15 days, the offer to
perform the described services may, in Landscape Architect's sole discretion, be withdrawn and be
null and void.
LANDSCAPE ARCHITECT CLIENT
Laurie Sager
Dated: July 30, 2015
License No. 527 Oregon Dated
Renewal Date: February 28, 2016
3
Page 1 / 1
® CITY OF
ASHLAND DATE PO NUMBER
20 E MAIN ST. 8/14/2015 13069
W
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 015187 SHIP TO: Ashland Public Works
LAURIE SAGER & ASSOC LANDSCAPE (541) 488-5587
700 MISTLETOE RD 51 WINBURN WAY
#201 ASHLAND, OR 97520
ASHLAND, OR 97520
FOB Point: Ashland, Oreqon Req. No.:
Terms: Net Dept.:
Req. Del. Date: Contact: Michael Fauqht
Special Inst: Confirming? No
Quantity Unit Description Unit Price Ext. Price
THIS IS A REVISED PURCHASE ORDER
Landscape archtectural services for 3,680.00
North Main and Helman island
improvements, per Exhibit C.
Contract for Personal Services
Beqinninq date: 08/03/2015
Completion date: 08/21/2015
Processed chanqe order 12/18/2015
Chanqed a/c # from 670 08 15 00 604 100
to 260 08 11 00 604 100 per attached
email dated 12/16/2015. (Contract
completion date appears to be expired.)
Processed chanqe order 01/05/2016 1,320.00
Additional services provided at their
hourly rates per attached contract
addendum.
SUBTOTAL 5,000.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 5,000.00
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 260.08.11.00.60410 5,000.00
Authori d Sighature VENDOR COPY
FORM #10
T Y OF
CONTRACT AMENDMENT APPROVAL REQUEST FORM
Request for a Change Order JAI, Si H I N D
Name of Supplier 1 Contractor/ Consultant: Laurie Sager and Associates Landscape Architects, Inc. Total amount of this
contract amendment:
Purchase Order Number: 13069
Title 1 Description: Landscape architectural services for North MainlHelman Island improvements $1,320.00
Per attached contract amendment
Contract Amendment
Original contract amount $3,680.00 100 % of original contract
Total amount of previous contract amendments 0 % of original contract
Amount of this contract amendment $1,320.00 36 of original contract
TOTAL AMOUNT OF CONTRACT $5,000.00 136 % 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
X "YES", the total amount of contract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50
amendments :5 $6,000. ❑ "YES", the total amount of cumulative amendments ❑ "YES", the total amount of original contract and
❑ If "NO", amount exceeding authority requires 5 25% of original contract amount or $250,000 cumulative amendments :5 $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 s 25% of original contract amount or $250,000 emergency, including necessity and circumstances
❑ "YES", the total amount of cumulative whichever is less. requiring the contract amendment
amendments !5 25% of original contract amount. ❑ If ❑ If "NO", amount exceeding authority requires ❑ Obtain direction and written approval from City
"NO", amount exceeding authority requires Council Council approval. Attach copy of Council Administrator
approval. Attach copy of Council Communication. Communication. ❑ If applicable, attach copy of Council Communication
❑ Exempt-Reason: ❑ Exempt- Reason: ❑ Exempt- Reason:
SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT
❑ "YES", the total amount of original contract and cumulative amendments are ❑ "YES", the original contract was approved by City Council.
within the amount and terms initially approved by Council as a Special Provide date approved by City Council: (Date)
Procurement. If "NO", Council approval is required. Attach copy of Council Communication.
❑ If "NO", amount exceeding authority requires Council approval. ❑ Contract amendment approved and signed by City Administrator.
Attach co of Council Communication.
Project Number Account Number-67-H8-.1-5-.00-.6041'N--Ac-count Number--- -
*Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach
Mtala eeded.
Employee Signature: D Department Head 'gnat re: o contracf?$ , 00)
City Administrator:
(Equkto orgrea erfhan 25,000 or 10%)
Funds appropriated for current fiscal year: rY~S/ NO /Ow - -
Finance~Director (Equal to orgre to-~ r than $5,000)
/e
Comments:
Form #10 - Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 12/16/2015