HomeMy WebLinkAbout2019-151 Contract Amendment - Thorton Engineering, Inc AMENDMENT NO. 2
to
CONTRACT FOR PERSONAL SERVICES
between
THE CITY OF ASHLAND,
an Oregon municipal corporation,
("City")
and
Thornton Engineering,Inc.,
("Contractor")
for
DESIGN SERVICES
RECITALS
A. The City and Contractor previously entered into a Personal Services Agreement
effective 03-15-2017 (the "Agreement") in order for the Contractor to provide Civil
Design services to the City; and
B. The City and Contractor wish to amend the amount of Compensation to be paid under
the Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the mutual benefits and obligations set
forth herein, the parties agree as follows:
1. Amend section 5 Compensation, as follows,with strikeout wording deleted and
underscored wording added:
5. Compensation: City shall pay Consultant for service performed, including costs and
expenses, the sum specified above. Payments shall be made within 30 days of the date of
the invoice. Should the contract be prematurely terminated,payments will be made for
work completed and accepted to date of termination.
NIE $4�,-�-W 1,910.000NTE $43,325.60
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.
Page 1 of 2: Amendment No.2 to Personal Services Agreement
•
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 Thornton Engineering,Inc.
Contractor
/�� 2019.05.13 11:53:28
By:6 , By:U-/�--6/''s ' 07'00'
Printed Name: yawl Ntesa,PI a tom- Printed Name: Michael Thornton ,
Title: Gry A-oM.ePosrru.^oa- Title: President
Date: /3 ivraq/ 2o/7 Date: 5/14/2 19
Page 2 of 2: Amendment No.2 to Personal Services Agreement
EXHIBIT C
• - EXHIBIT A-SCOPE AND COST 3/16/2017 l
14 AM
THORNTON ENGINEERING,INC 0:14 i
6
1t
I
•
CLIENT: City of Ashland Public Works i TOTALS
LOCATION: Proposed Street Between Tolman Cr Rd&Washingtin Street Estimate by Task
PROJECT: Independent Way-New Street Design . • (No Expenses
'Si': { , & sf �,Z" v 't tL,s a s �, - x/ a ' �v
. Se
�
1.0 �.�Pre-De sign $1,635.00
1'.711 . Initial Meeting,Site Visit&Consulting Included
1 2 , Coordinate with Utilities&Agencies • Included
1'3 Research of Records Included
2.0 -,.??Site Analysis $4,160.00
2'1 . Topographic Survey and Map Provided by City "¢
2:21, : Boundary Survey Provided by City
2'3i : ! Geotechnical Investigation-Pavement Section Design Not Included
2;4 Wetlands Investigation&Mitigation Not Included
25; • Site Plan for Land Use Application Included
2;6i._.... Physical and Environmental Constraints Permit-Dan O'Connor Included
3.0 ?MN Construction Plans $29,146.00
3 j'. 1. Basemap • Included
3;2 , Cover Sheet Included
3:3• . Plan and Profile Sheets-Street and Storm Drainage Included
3:4; - ` Plan and Profile Sheets-Water,Sewer&Utilities Included
3:5 6 Plan and Profile Sheets&Details-Culverts Included
3:6, Valley Gutter Tolman Creek Road • Included .
3,Z' „ 1 Striping Plan Included
3:6* ; Cross-Sections-Street Included
Biel . Utility Plan ' Included
3:10. Accessible Route Ramp Details Included I
3t11",t Storm Water Detention Structure Included
311 + ,' Storm Water Bypass Plan Included
30: f Preliminary Plan Reivew Set Included
3;90' x, Final Plan Review Set Included '
3:10: , Sediment and Erosion Control Plan to DEQ Standards • Included
SI&J Civil Sitework Specifications,Bid Schedule&Estimate Included
MUh,. ;W Construction Services $0.00
9'1', ' ; Prepare&Print Plans and Bid Packets Not Included
42; i Respond to Bid Inquiries Not Included-Hourly
_ 9.Q Pre-Construction Meeting Not Included-Hourly
4:4± • y Construction Inquiries Not Included-Hourly
4.5'. Construction Observation Not Included-Hourly 1
:4:6:...:_ Record Drawings Not Included-Hourly
5.0j�x„Permits . $0.00
sA`T- DSLICOE Joint Fill Permit Application&Coordination-O'Connor Not Included
5;2 ' DEQ 1200-C Permit Application . Net Included
6' .....: Permit Fees Not Included
aratitistild
Subtotal $34,940.00
Reimbursable Expenses $0.00
Subtotal Fee $34,940.00 .
. Contingency $0.00
Total Cost $34,940.00
TOTAL: $34,940.00
•
Purchase Order
.1111 Fiscal Year 2017 Page: 1 of: 1
rHtSP-O-NUMBE1'MUST APPEAR ON ALL
B City of Ashland
INVOICES,AND SHIPPING DOCUMENTS.
I ATTN. Accounts Payable Purchase
L 20 E. Main Order# 669
Ashland, OR 97520
T Phone: 541/552-2010
O Email: payable @ashland.or.us
e
V H C/O Engineering Division
E THORNTON ENGINEERING, INC I 51 Winburn Way
N PO BOX 476 p Ashland, OR 97520
u JACKSONVILLE, OR 97530-0476 Phone: 541/488-5347
R T Fax: 541/488-6006
O'
i
541 857-0.664 Brad Barber
_$� <t IB�f 811�`-- F� 3 ��fflla _� -- � ls !el# �$laia� �_ aa� —.. t a=
_ �_— _. ,rte
04/07/2017 427 FOB ASHLAND OR Cit Accounts Pa able
Independent Way
1 Independent Way -Complete civil plans per contract documents 1 $34,940.0000 $34,940.00
Exhibit C.
Contract for Personal Services
Beginning date: 03/15/2017
Completion date: 03/15/2018
Processed change order 09/14/2018
Completion date extended to: 06/30/2019
Project Account: E-201325-999
2 ADDED: Processed change order 04/30/2019 1 $8,385.6000 $8,385.60
Contract Amendment#2
Additional amount for permitting phase
Approved by the City Council 05/07/2019
Project Account: E-201325-999
*************** GL SUMMARY
081200 -704200 $43,325.60
1 - 411ir_o_ft-
By: �--� Date:
B 2 1 ��
:
Aut''prized Sig ¶ure $43 325.60
(FOR #10 CITY OF
CONTRACT AMENDMENT APPROVAL REQUEST FORM AsHLAND
Request for a Change Order
Name of Supplier):Contractor/Consultant:Thornton Engineering,Inc. Total amount'ofthis
contract amendment:
Purchase Order Number:
Title 1 Description:independent Way $83g540
❑ Per attached contract amendment
Contract Amendment
Original contract amount $34,940.00 100 %of original contract
Total amount of previous contract amendments 0 %.of original contract
Amount of this contract amendment 8385.60 24%of original contract
TOTAL AMOUNT OF CONTRACT $ 43,325.60 124%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 e0 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 procuientent docunments;it would likety have Increased competition or affected award of contract.
Contract amendment is within the scope of procurement: YES NO Qf"NO",requires Council approval/Attach copy of CC.)
Sourcing; Method:
SMALL PROCUREMENT-Not exceeding$5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT,ORF 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 forGoods&Services,5
Council approval.Attach copy of Council. whichever is less. $75K for Personal Services,<$50K for Attorney Fees.
Communication. ❑IMO",amount exceeding authority requires 0 if'NO',amount exceeding authority requires Council
❑ Exempt-Reason: Council approval.Attach copy of Councl approval.Attach copy of Council Communication..
PERSONAL SERVICES Mired Appointment) Communication. ❑ Exempt-Reason
® 'YES',cumulative amendments $35,000 _ .❑ Exempt-Reason:
❑ If'NO',requires council approval.(Attach CC)
INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT
Goods&Services->$5,000 and.<$100,000 ❑ 'YES',the total amount of cumulative amendments ❑ Written Findings:Document the nature of the
Personal Services->$5.000 and<$75.000 525%of original contract amount or$250,000 emergency,including necessity and circumstances
❑ 'YES",the total amount of cumulative whichever is less. requiring the contract amendment
amendments s 25%of original contract amount ❑If ❑If'NO',amount exceeding studiedly requires ❑ Obtain direction and written approval from City
'NO',amount exceeding authority requires Council Council approval Attach copy of Council Administrator
approvaL Attach copy of Council Communication. Communication. ❑ If applicable,attach copy of Council Communication
❑ Exempt-Reason: ❑ Exempt-Reason: ❑ Exempt-Reason:
SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT
❑'YES',the total amount of original contract and cumulative amendments are ❑ Renewal of Intergovernmental AgreementIerms ma-dined in accrdancewiiti inital
within the amount and terms initially approved by Council as a Special agreement OR costwill not be more than 25%greater than initial agreement.Renewal__
Procurement 'approved by City Attorney anddeparment head affected by renewal and approved/signed
❑
11-Ng,amount exceeding authority requires Council approval. by City Administrator AMC 228045(3).
Attach copy of Council Communication. ❑ If7NO",Council approval is required: jtacchc pyofCouncil Communlcafian.
Project Number .2 o/.?- .Z f- Account Number$/cues - 70Li L o v Account Number •
'Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed.
Employee Signature:. /c_tta4 Department Head Signature: XAsc/X I
'(Ei, .grepfer Man£S,0U0)
City Administrator: ,,s ,t►.r< a—
• (Equal to'a r'. • than$25,000 or 10%)
Funds appropriated for current fiscal year YES I NO
Finance Director(Equal to or greater than$5,000) Date
Comments:
Form#10—Contract Amendment Approval Request Form,Request for a Change Order,Page 1 of 1,4/1/2019
Council Business Meeting e' "
May 7, 2019
Agenda Item Approval of Contract Amendment #2 with Thornton Engineering, Inc.
From Paula Brown, PE Public Works Director
Brad Barber, PLS Project Manager/ City Surveyor
Contact paula.brown @ashland.or.us 541-552-2411
brad.barber @ashland.or.us 541-552-2416
SUMMARY ,
Before the Council is an amendment to a personal services contract between the City and Thornton
Engineering for an increased amount of$8,385.60 bringing the total contract amount to $43,325.60.
POLICIES,PLANS & GOALS SUPPORTED
Department Goals:
• Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs
• Deliver timely life cycle capital improvement projects
• Maintain and improve infrastructure that enhances the economic vitality of the community
o This project is a priority in the adopted 2012 Transportation System Plan(TSP)
o This project is included in the 20-Year Capital Improvements Program(CIP); approved by
Council on April 2, 2019
• Evaluate all city infrastructure regarding planning management and financial resources
PREVIOUS COUNCIL ACTION
In addition to this project being in the Council approved budget (BN 2017-19), CIP, and in the approved TSP,
Council directed staff to submit Independent Way and a substitute project for Rogue Valley Metropolitan
Planning Organization(MPO)funding in lieu of the rejected Nevada Street bridge project (June 20, 2017).
Construction funding had been approved by the MPO for this project.
•
BACKGROUND AND ADDITIONAL INFORMATION
The City entered into a direct award personal services contract with Thornton Engineering, Inc. on March 15,
2017,to complete fmal civil design, site analysis and construction plans for the Independent Way street
design. The cost negotiated was $34,940 and was anticipated to be completed within one year (March 15,
2018). The contract has been amended once to extend the time to June 30, 2018. This Amendment#2
increases to costs to add the permitting phase that was not included in the original contract. Permitting has
been very extensive and beyond staff or Thornton's expectations. Thornton has acted in good faith and has
provided services to initiate the permitting phase. Charges to date on this contract are $32,763.75.
FISCAL IMPACTS
Independent Way has been approved in the BN 2017-19 budget in the amount of$1,590,000. Only design
services will be completed within this biennium. Funding for this increase of$8,385.60, along with
expenditures to date are well within the budgeted amount. Thornton Engineering's cost for this work,
especially given the amount of time expended are exceptionally reasonable.
Page l of 2
ASH OF
ASHLAN D
Staff will bring an additional contract amendment for construction services once this project is bid.
STAFF RECOMMENDATION
Staff recommends council approve amendment#2 with Thornton Engineering to complete the permitting
portion of design services for Independent Way.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
1. I move to approve-Amendment#2 to a personal services contract between the City and Thornton
Engineering for an increased amount of$8,385.60 bringing the total contract amount to $43,325.60.
2. I move to request staff renegotiate the amount for the amended contract.
3. I recommend staff go out for a separate contract for permitting and construction management services
for Independent Way.
ATTACHMENTS
1. Addendum#2
2. Original contract and PO
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Page 2 of 2
CITY OF
ASH LAND