HomeMy WebLinkAbout2018-033-Amendment to Contract Vitus
CITY OF
ASHLAND
DEPARTMENT OF PUBLIC WORKS
CONTRACT AMENDMENT
CONTRACT CIIANGL; ORDER NO. I
PROJECT: Lithia Bandshell Repair and Improvements DATE: 12/04/17
LOCATION: Lithia Park Bandshell PROJECT NO.: 2016-22
CONTRACTOR: Vitus Construction
You arc 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 Unit Price Amount
lie]]) # I Wall demolition + patching at PW labor I S 2,106 $ 2,106
rates
Item #2 Furnish + install drip fleshings at PW I $ 2,241 $ 2,241
labor rates
Item #3 Total project upcharge for Prevailing I $ 15,120 S 15,120
Wage
Item #4 Fabricate speaker mounting hardware I S 250 S 250
Item #5 $ $
Total this Change Order: $ 19,717
Previous Change Order: S -
Original Contract Total: S 47,543
Revised Contract Total: S 67,260
PERCENT CHANGE OF ORIGINAL. CONTRACT: 29.3%
The time provided for completion of this contract is increased by no calendar days. This document shall become an amendment
to (lie contract and all provisions of th contract will apply.
Recommended By:~ d~ QZ ZU/~5
i ct Manager Date
Approved By: - ~ ~ 2 l0
t Ptiblic Works irecto Dat
Accepted By: -/7
Contractor Date
ENGINEERING
20 E. Main Street Tel: 541-488-5347
Ashland, Oregon 97520 Fav 541-488-6006 ,r
xmw.ashland.or.us TTY: 800-735-2900
J
Council Business Meeting
December 19, 2107_~
Title: Approval of a Change Order in Excess of 25% for Butler Bandshell
Improvement and Repair
From: Kaylea Kathol Public Works Project Manager
kaylea.kathol@gmail.com
Summary:
Before Council is a change order request in excess of 25% of original project cost to perform
improvements and repairs at the Butler Band Shell. The change order includes (a) removal of a
previously undiscovered moisture damaged segment of wall, (b) installation of a drip edge along
the shell overhang to prevent future moisture intrusion, and (c) fabrication of two metal
mounting plates for attachment of the speakers to shell overhang. The change order request
causes the total project cost to exceed Oregon's $50,000 prevailing wage threshold.
Consequently, the change order request includes escalation of hourly labor rates to prevailing
wage rates for the contractor's employees and all first-tier subcontractors for all work.
Actions, Options, or Potential Motions:
Council has the option to approve this change order in full or in part. Potential motions include:
1. Move approval of a full change order for $19,726 to remove a moisture-damaged wall
and install a drip edge to prevent future damages, paid at prevailing wage labor rates.
2. Move approval of a partial change order for $1,663 to remove a moisture-damaged wall,
paid at contractor's standard-labor rates
Staff Recommendation:
Staff recommends Council approve the full change order request of $19,726, which is the
amount required to remove moisture damaged features, prevent future damages through the
installation of a idrin Prlae and mount the sneakers in a manner that_is nnngistent with tben current
version of the Oregon Structural Specialty Code. While approval of a partial change order will
provide near-term cost savings by keeping project costs below the prevailing wage rate
threshold, staff does not recommend approval of a partial change order, as failure to install a drip
edge along the shell overhang will result in continued moisture intrusion into the interior rooms
of the Bandshell, thereby perpetuating the cycle of moisture damage and short-term facility
repairs.
Resource Requirements:
The Bandshell repair contract was awarded for $47,543. The recommended change would
increase the total cost by twenty-nine percent for a total cost of $67,269. The 2017-19 Biennium
Budget for Public Works Facilities Expenses includes Capital Outlay funds for repair and
maintenance of City facilities in the amount of $355,000.
Policies, Plans and Goals Supported:
City Council.:
Page I of 3 CITY OF
ASHLAND
4. Evaluate real property and facility assets to strategically support city mission and goals.
4.1 Identify and evaluate underperforming assets
21. Be proactive in using best practices in infrastructure management and modernization
Department Goals:
o Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle
costs
a Maintain and improve infrastructure that enhances the economic vitality of the
community
• Evaluate all city infrastructure regarding planning management and financial resources
Background and Additional Information:
In June 2016 the City Building Official issued a memo to Public Works facilities staff
identifying potential structural deficiencies at the Butler Bandshell. The memo recommended
Public Works conduct a comprehensive evaluation of the Bandshell to determine the extent of
the deficiencies. Public Works commissioned ACE Engineering, a structural engineering fine,
to evaluate the Bandshell and develop construction plans and specifications for repairs and
improvements identified by the evaluation. The evaluation found that the Bandshell was
structurally sound, but was characterized by numerous non-structural damages or deficiencies
caused primarily by years of deferred maintenance, moisture damage, and improper use of the
structure.
The City developed and bid repair and improvement work for the Bandshell in the fall of 2018 to
correct identified deficiencies. Three responsive bids were received, all of which were within the
$40,000 range. A contract was awarded to Vitus Construction, the lowest responsible bidder.
After initial demolition began, pervasive dry rot was found in the frame of an interior partition
wall. The contractor proposed demolition of the wall and abandonment of plumbing features, or
removal and reconstruction of the wall. Staff opted for demolition, as it was the least expensive
option and removed a "nuisance" feature that restricted functionality of the facility. The
contractor also proposed installation of a drip edge along the shell overhang as a long term,
reliable solution for preventing future moisture intrusion into the structure. The initial change
order request for work items was estimated at $3,615 which would result in a total project cost
- -
that exceeds Oregon s SO~OOO ptevatlmg wage threshold. Af the City's a revised
change order request was issued by the contractor for $19,476. The revision included an
escalation factor to the prevailing wage rate for all employees and first tier subcontractors
involved on the project from start to finish. This is consistent with the provisions of ORS
279C.800 to 279C.870, the Oregon Prevailing Wage law for proposed bid prices that exceed
$50,000.
On December 13, 2017, the contractor discovered that the speakers could not be mounted on the
bandshell overhang is specified in the construction plans due to the presence of a metal plate
embedded in the concrete overhang. The contractor could not drill anchor holes through the
metal plate, and instead proposed fabrication of a wider speaker mounting plate that would
extend beyond the edges of embedded metal. Estimated fabrication costs were $250 for the new
mounting plates. Staff approved the change verbally and documented the approval in an email.
The issue was discovered on the afternoon of the deadline for completing Council meeting -
packets. Due to the late date of the finding, a formal change order request had not yet been
Page 2 of 3 CITY OF
ASHLAND
issued in time to be included in this staff report. Therefore, the email confirmation of a $250
change is attached in lieu of a formal change order.
Next Steps:
If approved, staff will execute the change order and provide approval to the contractor to move
forward with completion of Bandshell repairs and improvements. The proposed changes will
constitute the final components for completing the project. The project is currently on track to
be completed two months ahead of schedule.
Attachments:
O Engineer's evaluation report (oversized construction plans are available upon request)
e Contractor's change order request for wall removal, drip edge installation, and prevailing
wage upcharge
o Email confirmation of December 13, 2017 change order request
Reference:
The following are available upon request - kaylea.kathol@ashland.or.us:
• Building Official's 2016 memo regarding Bandshell condition
• Construction solicitation: Invitation to Bid - Lithia Park Bandshell Repair and
Improvement
• Engineer's construction plans
Page 3 of 3 CITY OF
ASHLAND
Purchase Order
®r Fiscal Year 2018 Page: 1 of: 1
i HIS PO NUMBER MUST APPEAR ON ALL
B City of Ashland INVOICES, AND SHIPPING DOCUMENTS.
ATTN: Accounts Payable Purchase
L 20 E. Main 20181092
Ashland, OR 97520 Order #
T Phone: 541/552-2010
O Email: payable@ashland.or.us ol
V H C/O Public Works Department
E VITUS CONSTRUCTION INC 1 51 Winburn Way
N 1912 SECOND AVENUE P Ashland, OR 97520
D GOLD HILL, OR 97525 Phone: 541/488-5347
O O Fax: 541/488-6006
R
~noPfTan>am _n ¢r_ xt~ - - L s1 vr~ra~n
_ Ka lea Kathol
D libi riuCor ft~n
11/03/2017 498 FOB ASHLAND OR City Accounts Payable
- tip Ice- Extended MCe=
1111 RE wl V Improvements Lithia Bandshell
1 Contractor to provide construction services for repair/improvement 1 $47,543.0000 $47,543.00
of Lithia Park Bandshell.
Contract for Goods and Services
Beginning date: 11/06/2017
Completion date: 03/01/2018
Processed change order 12/1
Project Account:
2 ADDED: Processed change order 01/17/2018 1 $19,717.0000 $19,717.00
Request for a change order to add additional repairs and
improvements to Lithia Bandshell per attached Contract
Amendment No.1
Approved by City Council 12/1912017
Project Account:
GL SUMMARY
082400 - 704100 $67,260.00
BT Date: a
,,Kuthorized Signature PO-Total $67,260.00
FORM #10 CITY OF
CONTRACT AMENDMENT APPROVAL. REQUEST FORM ASHLAND
Request for a Change Order Name of Supplier I Contractor/ Consultant: Vitus Construction Total arnotmtof this
Purchase Order Number: 20181092 contract amendment;
Title I Description: Lithia Bandshell Repair and Improvements $ 79;711
® Per attached contract amendment
Contract Amendment
Original contract amount $ 47,543 100 % of original contract
Total amount of previous contract amendments % of original contract
Amount of this contract amendment 19,717 29.3 % of original contract
TOTAL AMOUNT OF CONTRACT $ 67.260 29.3 % 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 am 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* X (If "NO", requires Council approval I 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 PURSUANTTO 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 s25%oforiginal contract amount or$250,000 cumulative amendments <_$100Kfor Goods BServices, 5
Council approval. Attach copy of Council whichever is less. $75K for Personal Services, <$50K for Attorney Fees.
Communication. ES 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
- ---=Goodsa5ervices`$5000to$100,000- - "YES", the totatamounl of cumuiative-amendments- VJritteoFindings Dob~umeFifiiie nature of itie-=
Personal Services -$5,000 to $75.000 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 !t 25% of original contract amount. ® If ❑ V110', 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: ❑ Exem t- Reason: ❑ Exem t-Reason:
SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT
❑ "YES", the total amount of original contract and cumulative amendments are ❑ "YES", the or ninal 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.
ProjectNumber__ Account Number: 082400.704100 Account Number _ _ _ _ _ _ _ _ _ _
'Expenditure must be charged to the a/ppropri/atee account numbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed.
Z7
Employee Signature:Cl~ ~ Department Head Signatur .
ota - unt ofto tract?$5,000)
City Administrator:
(Equal to or reatr thaq$25,000 or 10%)
Funds appropriated for current fiscal year., ES NO tic t ~t 1 te7
anceDirecto 'qualtoorgreater than $5,000) Date
Comments:
Form #10 - Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 1/212018