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HomeMy WebLinkAbout2018-074 Siskiyou Biosurvey LLC AMENDMENT NO. 1 to PERSONAL SERVICES AGREEMENT between THE CITY OF ASHLAND, an Oregon municipal corporation, and Siskiyou Bio Survey LLC Contractor") for ASHLAND CANAL VEGETATION SURVEY RECITALS A. The City and Contractor previously entered into a Personal Services Agreement effective April 16, 2018 (the "Agreement") to provide a vegetation survey of the full extent of the canal including proposed reroutes and identify potential conflicts and impacts with existing vegetation in regards to the construction and the future maintenance of the canal; and B. The City and Contractor wish to amend the Agreement to increase the compensation of the Agreement. AGREEMENT NOW THEREFORE, in consideration of the mutual benefits and obligations set forth herein, the parties agree as follows: 1. Amend the Compensation as follows, with strikeout wording deleted and underscored wording added: COMPENSATION: $1-0;099:99 $14,789.53 as per attached Exhibit A. 2. This Amendment No. 1 is effective upon being signed by both parties. 3. Except as specifically modified by this Amendment No. 1, the terms and conditions of the Agreement remain in full force and effect. Page 1 of 2: Amendment No. 1 to Personal Services Agreement IN WITNESS WHEREOF the parties have caused this Amendment No. 1 to be signed in their respective names by their duly authorized representatives as of the dates set forth below: CITY OF ASHLAND, OREGON SISKIYOU BIOSURVEY LLC CONTRACTOR) By: r r By: Printed Name: All ~ b Printed Nam : Title: EI ak--r7-j ,,444-M- Title: /Y1 A-n/~I ~ Z Date: Date: T Page 2 of 2: Amendment No. I to Personal Services Agreement Siskiyou BioSurvey LLC 265 Ball Road ' Invoice No: SBS 18-07 Eagle Point, OR 97524 Tax I.D. 493-1313496 'Date: 12/19/2018 2018 ASHLAND CANAL REPORT INVOICE Customer: City of Ashland, Public Works Address 20 East Main Street City Ashland, OR 97520 Phone: (541) 552-2414 Contact: Kevin Caldwell, Senior Project Manager Email: kevin.caldwell@ashland.or.us Invoice Details: SBS provided 312.4 hours professional services to the City, plus $112 printing costs for an invoice total of $14,789.53. This represents a discount of $8752.50 to the City. Please have payment sent to our business office at the above address. Kevin, it was a pleasure to work with you and Julie on this community relevant project. On behalf of the staff at Siskiyou Bio Survey, LLC, we extend our gratitude and welcome future consideration for other project support- C~retchewil Vo~- a *l& (~reo- Carey Greg Carey Project lead gcarey a siskiyoubiosurvey.com (541) 821-1299 Exhibit A Siskiyou BioSurvey LLC 265 Ball Road Eagle Point, OR 97524 ` Ecological (541) 826-6104 Consultants March 21, 2018 Ashland Canal Piping Project Phase One: Conduct a vegetation survey of the full extent of the canal including proposed reroutes and identify potential conflicts and impacts with existing vegetation in regards to the construction and the future maintenance of the canal. Noxious weed populations will be identified and mapped. The goal is to preserve as many mature trees as possible to maintain the shady environment that exists on the canal corridor. In addition, trees and other vegetation downslope that may be adversely affected by loss of water from seepage due to the piping of the canal will be identified and mapped. Existing use and benefits of the present canal by wildlife will be evaluated and described. Coordination with City Staff, Ashland Canal Project Engineer; Adkins Engineering Consultants and the project geotechnical consultants; Galli Group. Phase Two: Make suggestions for mitigation of adverse effects where possible. Summarize anticipated impacts to different tree species and age classes. Recommendations for plant restoration where necessary. Recommendations for wildlife enhancement where necessary. Recommendations for control of noxious weeds. Recommendations for "traffic friendly" trail softening techniques Deliverables: (1) Technical Report summarizing recommendations, including data and field observations. Pricing: Our price will be $75.00/hour including travel time and meetings. City to be billed for time and materials, total cost for all efforts not to exceed $10,000.00. Schedule: Work to begin when contract is executed by City and completed no later than July 31sT, 2018. Richard Callagan, Manager (541)821-8924, Siskiyou BioSurvey, LLC CITY OF ASHLAND December 21, 2018 TO: Paula Brown, Public Works Director RE: Siskiyou BioSurvey Contract Ashland Canal Piping Project The City entered into a personal services agreement with Siskiyou BioSurvey for $10,000.00 on April 28th, 2018 (PO 20181327) for a vegetation analysis related to the Ashland Canal piping project. Project Staff had a difficult time finding a Consultant to complete this work on such a challenging project, we feel fortunate to have Siskiyou BioSurvey as part of our Project Team. I received an email from Siskiyou BioSurvey on 9/11/18 stating that their expenses at that time totaled $15,516.00 and that they understood that they had contributed more time into their efforts than was intended by the City. I failed to respond to this email, but we continued to increase their involvement in our Project Team. Siskiyou BioSurvey delivered a report and appendix that is well beyond what the City had originally asked for. While this information is project relevant and a benefit to the City, it is much more than we contracted for. On November 19th, 2018 1 received the only invoice from Siskiyou BioSurvey for $17,547.53. Understanding that f have some fault as well as Siskiyou BioSurvey for the additional charges I negotiated with them for a new total of $14,789.53 with your approval. encourage you to approve the additional expenses as negotiated. While the City is not contractually liable for the additional-expenses, I do have some fault for not responding to their email notice or issuing a stop work order, and I apologize for that mistake. Siskiyou BioSurvey is a valuable project partner and they continue to stay involved with- the Ashland Canal Advisory Group at no expense to the City. C Kevin Caldwell, Senior Project Manager Engineering Tel: 541/488-5347 M 20 E. Main Street Fax: 541-/488-6oo6 Ashland, Oregon 97520 TTY: 8001735-2900 ,r www_ashland.or.us L Purchase Order 'r Fiscal Year 2018 Page: 1 of: 1 B City of Ashland I ATTN: Accounts Payable Purchase 20181327 ~ 20 E. Main Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us E H 'C/O Engineering Division SISKIYOU BIOSURVEY, LLC 1 51 Wnburn Way D 265 BALL RD P Ashland, OR 97520 O EAGLE POINT, OR 97524 Phone: 5411488-5347 R TO Fax: 541/488-6006 - - Kevin Caldwell 05/02/2018 1778 City Accounts Pa able - - _ _----_-_°__F=F1_ ry ME Vegetation Survey 1 Vegetation survey of the full extent of the canal including 1 $10,000.0000 $10,000.00 proposed reroutes and identify potential conflicts and impacts with existing vegetation in regards to the construction and the future maintenance of the Ashland canal. Personal Services Agreement ($25,000 or less) Completion date: 1 2131 /201 8 Project Account: E-201517-999 2 ADDED: Processed change order 01/03/2019 1 $4,789.5300 $4,789.53 Canal vegetation survey Amendment No. 1 Project Account: E-201517-999 « GL SUMMARY 083800 - 704200 $14,789.53 By- Date: Auth rized Signature $14,789.53 FORM #10 CITY OF CONTRACT AMENDMENT APPROVAL REQUEST FORM ASHLAND Request for a Change Order Name of Supplier/Contractor/Consultant: slsklyeualesun.yLLC ITotal,arfiountWlhis. " 'c6nttactarne_ nd_ ment_i" Purchase Order Number: P020181327 Title/ Description: Canal vegetation survey $ 4:789.53 H Per attached contract amendment Contract Amendment Original contract amount $10000 100 % of original contract Total amount of previous contract amendments 0 % of original contract Amount of this contract amendment 4789.53 47.8 % of original contract TOTAL AMOUNT OF CONTRACT $ 14789.53 147.8 % 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 complywith 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 tern 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 N NO` (If "NO", requires Council approval l Attach copy of CC.) Sourcing Method: SMALL PROCUREMENT Not exceeding $5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT. QRF or ❑°YES", the total amount ofcontract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50 amendmentss$6,000. ❑ "YES", the total amount ofcumulative amendments ❑'YES', the total amount oforiginal contract and ❑If"NO", amount exceeding authority requires 525% of original contract amount or $250,000 cumulative amendments s$10oK for Goods & Services, Council approval. Attach croon of Council whichever is less. $75K for Personal Services, < $50K for Attorney Fees. Communication. ❑ If"NO", amount exceeding authority requires ❑ 11°NO", amount exceeding authority requires Coundl Exempt-Reason: Council approval. Attach copy of Council approval. Attach may of Council Communication. PERSONAL SERVICES (Direct Appointment) Communication. ❑Fxempt-Reason: W "YES",mmulativeamendments 5$35,000 ❑Fxempt-Reason: ❑lf "NO requires approval. Attach CC INTERMEDIATE PROCUREMENT SOLESOURCE EMERGENCY PROCUREMENT Goods & Services ->$5,000 <$100.000 "YES', the total amount of cumulative amendments ❑ Written Findings: Document the nature of the Personal Services .>$5.000<$75,000 525% ofodginal contract amount or $250,000 emergency, including necessity and circumstances []'YES", the total amount of cumulative whichever is less. requiring the contract amendment amendments s 25% oforiginal 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 may of Council Communication. Communication. ❑ If applicable, attach copy of Council Communication ❑Exem t-Reason: []Exempt- Reason: []Fxem t-Reason: SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT ❑ -YES°, the total amount of original contract and cumulative amendments are Renewal of Intergovernmental Agreement: Tens modified in accordance with initial within the amount and terms initially approved by Council as a Special agreement OR cost will not be more than 25% greater than initial agreement Renewal Procurement. approved by City Attorney and department head affected by renewal and approved/signed ❑ If°NO", amount exceeding authority requires Coundl approval, by City Administrator. AMC 2.28.045(8) Attach cop of Council Communication. If °NO" Calmed approval is required. Attach co of Council Communication Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Project Number 201517 - - - Account Number 083800 - 704200 4 89.53 Project Number Account Number Project Number_ _ _ _ _ - - Account Number - - - - - _ - t212 ~ fs Employee Signature :6(U Y1o M. YYLDNk'erfinent Head Signa ZA:Z, tU4 E' to r reaterthan ,000 City Administrator: 216 ' n { L ( ttaltoorg yrihan, 25, 0 10%) L~r N "~t ' ~t i 1 1 ! G Funds appropriated for current fiscal year. DY S / NO (4- Fina a Director (Equal to orgreater than $5,000) Dafe Comments., Form #10- Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 3115/2018