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Home My WebLink About2019-123 20181285 McClure and Sons, Inc. � I AMENDMENT NO. 2 to GOODS & SERVICES AGREEMENT between THE CITY OF ASHLAND, an Oregon municipal corporation, ("City") and McClure and Sons Inc, a(corporation/company), ("Provider") for the construction of Park Estates and Terrace Street Pump Stations RECITALS A. The City and Provider previously entered into a Goods and Services Agreement effective April 11,2018 (the"Agreement"),for the construction of Park Estates and Terrace Street Pump Stations. B. The City and Provider now wish to amend the Agreement to increase the amount of compensation to be paid to Provider. AGREEMENT NOW THEREFORE, in consideration of the mutual benefits and obligations set forth herein,the parties agree as follows: 1. Amend Section 2 of the Agreement as follows,with strikeout wording deleted and underscored wording added: 2.1 City shall pay Provider the sum of-8_2,997,146.00 (two million nine hundred and ninety seven and'one hundred forty six dollars) S239895960,00 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. Contract times have been extended per the attached EJCDC C-941 Change Order document, with a revised substantial completion for Milestone(2)of May 12,2019. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $2,997,146:00 (two million nine hundred and ninety seven and one hundred forty six dollars) S279897960790 without the express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. Page 1 of 2: Amendment No.2 to Goods&Services Agreement between the City of Ashland and McClure and Sons Inc. 2. This Amendment No.2 is effective upon being signed by both parties. 3. Except as specifically modified by this Amendment No.2,the terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF the parties have caused this Amendment No.2 to be signed in their respective names by their duly authorized representatives as of the dates set forth below: CITY OF ASHLAND, OREGON McClur. u d_S i e CJ7a itz. By. By: G~ 1 0 . Printed Name: Les McClure Date: Title: President Date: 4/3/2019 Page 2 of 2: Amendment No.2 to Goods&Services Agreement between the City of Ashland and McClure and Sons Inc_ FJCDCW e,ai\E'q3 lot\T srt,PE Cr OOCU•J=r,iS COMMITTEE Change Order 02 Date of Issuance: April 2, 2019 Effective Date: April 2,2019 Owner: City of Ashland Owner's Contract No.: 2015-31 Contractor: MSI Contractor's Project No.:3302 Engineer: Keller Associates Engineer's Project No.: 217003-001 Project: Park Estates and Terrace Street PS Contract Name: Park Estates and Terrace Street PS The Contract is modified as follows upon execution of this Change Order: Description: Installation of three additional butterfly valves for isolation of the PRV's as described in PR-004 and COP—Added Butterfly Valves for Isolation. Additionally MSI is requesting additional time for installation of a gas regulator required for generator startup as described in Park Estates Time Extension Letter. In summary this change order includes a cost increase of$7,186 and an additional 58 days for completion of Milestone#2. Attachments: PR-004,COP—Added Butterfly Valves for Isolation, Park Estates Time Extension Letter. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES Original Contract Price: Original Contract Times: Substantial Completion(Milestone 1): June 1, 2018 Substantial Completion (Milestone 2): November 1, 2018 $ 2.990.630.00 Substantial Completion: March 1, 2019 Ready for Final Payment: April 1, 2019 Decrease from previously approved Change Order No. 01: Increase from previously approved Change Order No. 01: Substantial Completion (Milestone 1): 0 Days Substantial Completion (Milestone 2): 134 Days $ 670.00 Substantial Completion: 66 Days Ready for Final Payment: 44 Days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion (Milestone 1): June 1, 2018 Substantial Completion (Milestone 2): March 15,2018 $ 2,989,960.00 Substantial Completion: May 5, 2019 Ready for Final Payment: May 15, 2019 Increase of this Change Order: Increase of this Change Order: Substantial Completion(Milestone 1): 0 Days Substantial Completion(Milestone 2): 58 Days $ 7,186.00 Substantial Completion: 0 Days Ready for Final Payment: 0 Days Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion (Milestone 1): June 1, 2018 Substantial Completion (Milestone 2): May 12, 2019 $ 2,997,146.00 Substantial Completion: May 5, 2019 Ready for Final Payment: (Ay 15, 2019 RECOMME r CEP EPTED: By: / By: / � 40� By: mow Jon Varriano Engineer Owner(•uthorized Signature) •ntractor(Authorized Signature) Title: Title: pii.1 ithe- o/L Title Operation Manager Date: 04)/0 _.„7"/ 1 Date: ..49-/0I2 Zo,' 7 Date April 2,2019 Approved by Funding Agency By: Date: Title: EJCDC'C-941,Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 Purchase Order ,� Fiscal Year 2018 Page: 1 of: 1 B City of Ashland I ATTN: Accounts Payable Purchase 20 E.L Ashland,lOR 97520 Order# 20181285 T Phone: 541/552-2010 O Email: payable @ashland.or.us (76/9 V H C/O Public Works Department E MCCLURE AND SONS, INC. I 51 Winburn Way N 15714 COUNTRY CLUB DRIVE p Ashland, OR 97520 O MILL CREEK, WA 98012 Phone: 541/488-5347 R I Fax: 541/488-6006 ei,d9=°§sAc=!um.1.1 IN= z g=1_i — -_ Crli(:7 Paula Brown -;= _— T=— =�E=€t?L_€.,� 04/06/2018 4035 _ FOB ASHLAND OR/NET30 City Accounts Payable Construction Pump Station 1 Description of Services: 0 $0.0000 $0.00 Construction of Park Estates and Terrace Street Pump Station Improvements Contract Name: Agreement Between Owner and Contractor For Construction Contract(Stipulated Price) Work sha Project Account: E-200808-999 Project Account: E-201201-999 Project Account: E-201204-999 2 Processed change order 05/29/2018 1 $',990,509.5000 $1,990,509.50 Park Estates Pump Station Project Account: E-201204-999 3 Processed change order 05/29/2018 1 $907,858.5000 $907,858.50 Terrace Street Pump Station Project Account: E-201201-999 4 Processed change order 05/29/2018 1 $92,262.0000 $92,262.00 TAP Pump Station Project Account: E-201708-999 5 ADDED: Processed change order 04/05/2019 1 $6,516.0000 $6,516.00 Change Order No. 1 -($670.00) Change Order No. 2 -$7,186.00 Project Account: E-201204-999 *************** GL SUMMARY ***************$907,858.50 081500 -704200 081800 -704200 $2,089,287.50 B . l Lt4 IA W By: Date: 1 thorized Signature -� a� $2 997 146.00 FORM #10 CITY OF • CONTRACT AMENDMENT APPROVAL REQUEST FORM ,ASH LAN D Request for a Change Order Name of Supplier McClure and Sons Inc. pp Total amount of this contract amendrifeht Purchase Order Number: 20181285 Title 1 Description: Park Estates Pump Station $ 71$6:00 ❑ Per attached contract amendment i 1 Contract Amendment Original contract amount $2,990,630.00 100 %of original contract Total amount of previous contract amendments ($670.00) NA %of original contract I Amount of this contract amendment $7186.00 .20 %of original contract TOTAL AMOUNT OF CONTRACT $2,997,146.00 100.20 %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 he 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 tenn 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■ N0• (If"NO",requires Council approval I Attach copy of CC.) Sourcing Method: . SMALL PROCUREMENT Not exceeding$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 525%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 0 Exempt-Reason: Council approval.Attach copy of Council approval.Attach copy of Council Communication. PERSONAL SERVICES(Direct Appointment) Communication. ❑Exempt-Reason: ❑ "YES°,cumulative amendments s$35,000 ❑Exempt-Reason:_ ❑If°NO°,requires approval.(Attach CC) INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT Goods&Services•>$5,000<$100,000 ❑ 'YES',the to tal amount of cumulative amendments ❑ Written Findings:Document the nature of the Personal Services •>$5,000<$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 s 25%of original contract amount 0 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 ❑Renewal of Intergovernmental Agreement:Terms 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 Council approval. by City Administrator.AMC 2.28.045(0) Attach copy of Council Communication. ❑If'NO',Council approval is required.Attach copy of Council Communication Expenditure must he charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Project Number 2012 - 04 _ Account Number 081800 - 704200 $ 73196.00,_ _ _ _ Project Number _ _ _ Account Number - $ r r • Project Number _ _ _ Account Number - $ , Employee Signature: - -" Department Head Signature: / ' i/ A4Pt WI' 1. eater than ,O'O) et City Administrator: ddat� • 5 I' qual to or .- than• .000 or tom Funds appropriated for current fiscal year V / NO i.te FI•. ce Director(Equal to or greater than$5,000) Comments: Form#10-Contract Amendment Approval Request Form,Request for a Change Order,Page 1 of 1,3/15/2018