HomeMy WebLinkAbout2016-282 CONT Chg Order #1 - KOGAP Enterprises
CITY O,F
ASHLAND
DEPARTMENT OF PUBLIC WORKS
CONTRACT CHANGE ORDER NO. 1
PROJECT: Maint. Dredge East & West Forks Ashland Cr DATE: 10/07/16
LOCATION: East, West Fork sediment traps PROJECT NO.: 2016-17
CONTRACTOR: KOGAP Enterprises, Inc.
You are requested to perform the following described work upon receipt of an approved copy of this document or as described by the Engineer:
Item No. Description Quantity Units Unit Price Amount
Item #1 Work stoppage and rental of excavator 1 LS $ 9,600.00 $ 9,600.00
with biodegradable hydraulic fluid
Item #2 Removal, add'tl accumulated sediment 756 CY $ 8.00 $ 6,048.00
Item #2 Hauling/disposal, add'tl accumulated 756 CY $ 17.00 $ 12,852.00
sediment
Total this Change Order $ 28,500.00
Previous Change Order $ -
Original Contract Total $ 67,200.00
Revised Contract Total $ 959700.00
PERCENT CHANGE OF ORIGINAL CONTRACT 29.8%
The time provided for completion of this contract is increased by no calendar days. This document shall become an amendment to the contract
and all provisions of the contract will apply.
Recommended By: L-
P ct anager Date
Approved By:_
City Adminstrator Date
Accepted By: KOGAP Enterprises, Inc.
PO Box 1608
edford, OR 97501
A-10
Contractor Representative Date
PW ENGINEERING Tel: 541-488-5347
20 E. Main Street Fax: 541-488-6006
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
G:\pub-wrks\eng\2016 Project Year\16-17 Dredge Ashland Cr Impoundments\Admin\16-17 Project Accounting.xlsx
CITY OF
ASHLAND
Council Communication
October 18, 2016, Business Meeting
Approval of a Change Order in Excess of 25% for Reservoir Sediment Removal
FROM:
Kaylea Kathol, Project Manager - Facilities, Public Works/Engineering, kaylea.kathol@ashland.or.us
SUMMARY
Before the Council is a change order in excess of 25% for the dredging of accumulated sediment in the
East and West Fork impoundments of Ashland Creek. The change order accounts for a post-
contractual requirement of the contractor to use biodegradable hydraulic oil in machinery working
within waterways; and removal of an additional 756 cubic yards accumulated sediment from the
impoundments. Proper sediment management of reservoir impoundments is essential to meeting the
total maximum daily load permit requirements and maintaining the water quality of Reeder Reservoir.
BACKGROUND AND POLICY IMPLICATIONS:
The City, assisted by an environmental consultant, estimated approximately 700 cubic yards of
material had accumulated in each of the reservoirs since they were last dredged in 2013 (East Fork)
and 2014 (West Fork). A request for proposal for the removal of 1400 cubic yards of sediment was
issued to four contractors on August 31, 2016. KOGAP Enterprises was the only responsive bidder and
was awarded a contract for sediment removal. KOGAP began in-water work on September 13, 2016 in
the East Fork reservoir. On September 15, the City learned that KOGAP was using an excavator with
petroleum-based hydraulic fluids, rather than biodegradable hydraulic fluids, for machinery working
within waterways. Although there were no regulatory or contractual stipulations for the use of
biodegradable hydraulic fluid, the City determined that the environmental risk to aquatic organisms
and the municipal risk to the drinking water supply were too great and halted in-water work until
equipment with biodegradable hydraulic fluid could be supplied. KOGAP rented the appropriate
machinery for the duration of the project at a cost of $9600. The rental resulted an increase of 12.5
percent over the original project cost of $67,200.
A secondary cost increase resulted from the removal of sediment in excess of the estimated 1400 cubic
yards. Estimation of sediment removal is inherently difficult, as the majority of the accumulation is
under the surface of the water. On September 21, as the deadline for in-water work was nearing, the
City learned that an addition 756 cubic yards of sediment would need to be removed to restore the
impoundments to their original bathymetry. The removal, hauling, and disposal of the extra 756 cubic
yards resulted in a charge of $18,900, or a 22 percent increase over the original project cost.
The combined costs of the rental equipment and the additional sediment removal require a contract
amendment for $28,500 (29.8 percent of the original project cost).
The East and West Forks of Ashland Creek are impounded by low-level dams immediately upstream
of Reeder Reservoir. These small impoundments function to capture mobilized sediment, thereby
Page 1 of 2
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CITY OF
ASHLAND
reducing accumulation of sediment in Reeder Reservoir. The calculated TMDL for sediment in Reeder
Reservoir, as defined by the City's TMDL permit, administered by the Oregon Department of
Environmental Quality (DEQ), is approximately 6.4 cubic feet per day. The City has a responsibility to
mitigate this accumulation by periodically removing sediment from the reservoirs to maintain water
quality and storage capacity in Reeder Reservoir. This project is budgeted every two years to allow the
City to effectively manage the reservoirs.
In 2013, the Engineering Division acquired the necessary permits from the Oregon Department of
State Lands (DSL) and the US Army Corps of Engineers to remove up to 10,370 cubic yards of
accumulated sediment from the East and West Fork Reservoirs. Under the terms of these types of
permits, in-water work is restricted to the June 15 through September 15 date range. This period,
known as the in-water work window, has been established by Oregon Department of Fish and Wildlife
to protect sensitive life stages of aquatic organisms, including spawning, incubation, and emergence of
native fish populations. Even so, the regulators have the authority to renew permits and extend the in-
water work period for individual projects under certain justifiable circumstances. This year, the City
was granted an extension until September 30, 2016, after which the permit would expire with no
opportunity for renewal or further extension. As such, it was imperative that the City complete
maintenance dredging by September 30.
FISCAL IMPLICATIONS:
The additional funds will come from monies budgeted in the current biennium within the water supply
and SDC improvement funds.
COUNCIL GOALS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the contract amendment with KOGAP for $28,500.
SUGGESTED MOTIONS:
I move approval of a change order with KOGAP for $28,500.
ATTACHMENTS:
• Change Order from KOGAP
Page 2 of 2
Exhibit A. Invoice + Change Order
o~ KO"~AP U
Enterprises,, Inc.
GENERAL CONTRACTING & EXCAVATING
i Kt~GAP q CCB# 93497
AND P.O. BOX 1608 • MEDFORD, OREGON 97501
~PHONE (541) 776-6527 e FAX (541) 776-6539
~Y
TO: City of Ashland INVOICE: 24147
Attn: Kaylea Kathoi, Project Manager DATE: 10/03/2016
20 East Main Street JOB 2749
Ashland, OR 97520
DATE DESCRIPTION MATERIAL QUANTITY RATE AMOUNT
OR OR
MACHINE HOURS
Sept. Sediment Removal, East/West Fork of Ashland Creek
Please see attached Spread Sheet 95,700.00
Thank you for your businessl
Please make checks payable to KOGAP Enterprises, Inc. 95,700.00
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Purchase Order
krVA&I Fiscal Year 2017 Page: 1 of: 1
==I l - EEWWMEN
B City of Ashland -
I ATTN: Accounts Payable
L 20 E. Main Purchase 389
L Ashland, OR 97520 Order #
T Phone: 541/552-2010
O Email: payable@ashland.or.us
v KOGAP ENTERPRISES, INC H C/O Public Works Department
E PO BOX 1608 I 51 Winburn Way
N P Ashland, OR 97520
D MEDFORD, OR 97501
O Phone: 541/488-5347
T Fax: 541/488-6006
R O
541 776-6547 Ka lea Kathol s
_
10/25/2016 377 FOB ASHLAND OR Cit Accounts Payable
PO 140 - Change Order No. 1
1 MUNIS PO 140 (PO closed unable to update) 1 $28,500.0000 $28,500.00
Change Order No. 1
Maintenance dredging of East, West Forks Ashland Creek
GL SUMMARY
081500 - 604100 $7,125.00
083800 - 604100 $21,375.00 1 J
°Date:
uthorized ignature ! ` -V2 Fq
- $21850000
FORM, #10 CITY OF
CONTRACT AMENDMENT APPROVAL REQUEST FORM
Request for a Change Order ASHLAND
Name of Supplier I Contractor 1 Consultant: KOGAP Enterprises, Inc Total amount of this
`J = 41 contract amendment:
Purchase Order Number: 140 ~ e
$28,500
Title I Description: Maintenance Dredging of East, West Forks Ashland Creek
® Per attached contract amendment
Contract Amendment
Original contract amount $ 67200 100 % of original contract
Total amount of previous contract amendments 0 % of original contract
Amount of this contract amendment 28,500 29.8 % of original contract
TOTAL AMOUNT OF CONTRACT $ 95,700 129.8 % 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 $6,000. ❑ "YES", the total amount of cumulative amendments ❑ "YES", the total amount of original contract and
❑ If "NO", amount exceeding authority requires 25% of original contract amount or $250,000 cumulative amendments $100K for Goods & Services,
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 appointment $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 25% of original contract amount or $250,000 emergency, including necessity and circumstances
6 T[A--"YES°;`tfie toTal ~mout-of-cnmdative whichever is less. requiring the contract amendment
ame-ndfnents X25%df~originaf contract amount.'~;❑ If ❑ If "NO", amount exceeding authority requires ❑ Obtain direction and written approval from City
"NOr,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 copy of Council Communication.
Project Number 2016 - 17 Account Number 081500-604100 ($7125) Account Number: 083800-604100 ($21,375)
*Expenditure must be charged to the appropriate account nL mbers for the financials to reflect the actual expenditures accurately, Attach extra pages if needed.
Employee Signature Department Head Signature:
(Total amount of contract? $5,000)
City Administrator:
(Equal to or greater than $25,000 or 10%)
Funds appropriated for current fiscal year YES / NO . - (I >/-~-e I /
inance DD 4~" o-Of qua I to or greater than $5,000) Date
Comments:
Form #10 - Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 10110/2016