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Home My WebLink About2023-131 PO 20230220 Amnd #1- Freshwater Trust, The Purchase Order ,MI CITY RECORDER Fiscal Year 2023 Page: 1 of 1 tR�iLrT* '� �� L i�tI 3 "etz,4 ' � �i i B City of Ashland I y fty Et��-5^$° ATTN: Accounts Payable Purchase L Main 20230220 Ashland, OR 97520. - • .. Order# , T Phone: 5411552-2010 0 Email: payable@ashland.or.us. 'V FRESHWATER TRUST, THE H C/O Public Works Department E 700 SW TAYLOR ST l 51 Winburn Way N SUITE 200 p Ashland, OR 97520 O PORTLAND,,OR 97205 Phone: 541/488-5347 R Email: HEATHER@THEFRESHWATERTRUST.ORG T Fax: 541/488-6006 �G F fi .� 1 7 ; e I yi=1!11.3 a__ 4 _E1BV lil Q €- y _. Scott Fleu_ --� 3j I.t I-TW 3.a F �E _ „__01/19/2023 2959 FOB ASHLAND OR/NET30 City Accounts Payable '.:�-= -.: z_..- £�1.�. � . 7L2 S � t_ .__. 3_1x' 3 =�.v._ lncfi}_TI WWTP Outfall DEQ Requirements. 1 WWTP Outfall Relocation Project Mitigation Monitoring and 1.0 $12,910.00 . $12,910.00 ReOporting Service Requirements to DEQ Personal Services Agreement(Less than $35,000.00) , . Completion date: December 31, 2025 Project Account: E-201321-999 2 ADDED: Processed change order 09/15/2023 1.0 $2,546.00 $2,546.00 Amendment No. 1 . Project Account: E-201321-999 *************** GL SUMMARY*************** 086100-704200 • $15,456.00 J • • • • • 5 Ss_ By: & �L •) Date:jr-)t - Authorized Signatur,ia '15 456.00 FORM #10 CITY OF CONTRACT AMENDMENT APPROVAL REQUEST FORM Request for a Change Order ASHLAND Name of Supplier I Contractor f Consultant: The Freshwater Trust Total amount of this *contract amenddment Purchase Order Number:20230220 2,5.460® Title I Description: WTP Outfall DEQ Requirements W 0 Per attached contract amendment Contract Amendment Original contract amount $12,910.00 100 %of original contract Total amount of previous contract amendments 0 %of original contract Amount of this contract amendment 2,546.00 19.7 %of original contract TOTAL AMOUNT OF CONTRACT $15,456.00 119.7 %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)Th a 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 tota I 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 o affected award of contract Contract amendment is within the scope of procurement: YES NO (If"NO",requires Council approval t 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. 0 "YES",the total amount of cumulative amendments 0"YES",the total amount of original contract and ❑If"NO",amount exceeding authority requires s 25%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 Attomey Fees. Communication. 0 If"NO",amount exceeding authority requires 0 If"NO",amount exceeding authority requires Council ❑ Exempt—Reason: Council approval.Attach copy of Council approval.Attach copy of Council Communication. PERSONAL SERVICES(Direct Appointment) Communication. 0 Exempt—Reason: 0 "YES",cumulative amendments s$35,000 0 Exempt—Reason: ❑ If"NO",requires council approval.(Attach CC) INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT Goods&Services->$5,000 and<$100,000 0 "YES",the total amount of cumulative amendments 0 Written Findings:Document the nature of the Personal Services->$5,000 and<$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<—25%of original contract amount 0 If"NO",amount exceeding authority requires 0 Obtain direction and written approval from City ❑If"NO",amount exceeding authority requires Council approval.Attach copy of Council Administrator Council approval.Attach copy of Council Communication. 0 If applicable,attach copy of Council Communication Communication. 0 Exempt—Reason: 0 Exempt—Reason: ❑ Exempt—Reason: SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT ❑"YES",the total amount of original contract and cumulative amendments are 0 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(B). Attach copy of Council Communication. ❑ If"NO",Council approval is required.Attach copy of Council Communication Project Number 2 0 1 3 2 -1 —_ Account Number - Account Number 0 8 6 1 0 0. 7 0 4 2 0 0 *Expenditure must be charged to the appropriate account�pnumbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed. • Employee Signature:%(i bQi�l z -011130 Department Head Signature--"..A71111111— c1.1 2•?) Irtfaig,or great- than$5,000) , City Manager: (Contract and a e a greats than$35,000) Funds appropriated for current fiscal year: / NO �' Fin nce irec or(Equal to. eater than$5,000) Comments: Form#10—Contract Amendment Approval Request Form, Request for a Change Order,Page 1 of 1,4/23/2020 AMENDMENT NO. 1 to PERSONAL SERVICES AGREEMENT between THE CITY OF ASHLAND, an Oregon municipal corporation, ("City") and The Freshwater Trust, ("Contractor") for WWTP Outfall Relocation Project Mitigation Monitoring and Reporting Service Requirements to DEQ services RECITALS A. The City and Contractor previously entered into a Personal Services Agreement effective 1/18/2023 (the "Agreement") to Contractor provide WWTP Outfall Relocation Project Mitigation Monitoring and Reporting Service Requirements to DEQ services; and B. The City and Contractor wish to amend the Agreement to extend the term of the Agreement. AGREEMENT NOW THEREFORE, in consideration of the mutual benefits and obligations set forth herein,the parties agree as follows: 1. Amend Section 6 of the Agreement as follows,with strikeout wording deleted and underscored wording added: 2.1 City shall pay Provider the sum of$15,456 (fifteen thousand four hundred fifty-six dollars) $12,910.00 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $15,456 (fifteen thousand four hundred fifty-six dollars) $12,910.00 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. 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 THE FRESHWATER TRUST (CONTRACTOR) By: By: ;I( Printed Name: (errPrinted Name: Kimberlee Obilana Title: PV 6uc ,-16Q r S Dt ezC SrI Title: VP People and Operations Date: `t. 12..'Z3 Date: 8.31.23 Page 2 of 2: Amendment No. 1 to Personal Services Agreement THEThe Freshwater Trust protects and restores FRESHWATER freshwater ecosystems.Using science,technology and incentive-based solutions,we're changing the TRUST® course of conservation on a timeline that matters. WWTP Outfall Relocation Project Proposal Date 8/18/2023 Background: The Freshwater Trust(TFT) is an Oregon-based non-profit organization with a mission to preserve and restore freshwater ecosystems. In 2018,TFT entered into a contract with the City of Ashland to develop and implement a "water quality trading" (WQT) program for the City of Ashland (the City). More recently,the City request TFT steward, monitor and report on the establishment of streamside vegetation at the WWTP outfall relocation project. Because the project is part of a mitigation planting, it contains detailed performance standards including requirements for irrigation, native herbaceous cover, invasive species cover and woody vegetation stem density.The revegetation project will not only satisfy the permit requirements, but will also contribute to cooler stream temperatures,weed suppression, bank stability,wildlife resources and aesthetic improvement. A proposal was provided to the City of Ashland in January 2023 for Tasks 1—3.This updated proposal includes Task 4: Replant Change Order. Proposal The Freshwater Trust (TFT) proposes a Scope of Work comprised of the following possible tasks: Task 1: Project Management Timelines or Schedules: January 1, 2023—December 31, 2025 Estimated Cost: $3,637 Deliverables: A) The Trust will provide a project manager to lead on successful plant establishment across in order to achieve or exceed standards associated with permit 61768_RF Renewal, including two years irrigation,three years stewardship, as built reporting, annual monitoring and annual project reporting, in relation to the DSL permit requirements outlined in Attachment A. Task 2: Maintenance and Monitoring Timelines or Schedules: April 1, 2023—December 31, 2025 Estimated Cost: $7,152 Deliverables: A) The Trust will hire and oversee licensed contractors to run irrigation for two years on the project site and conduct stewardship for a minimum of 3 years on the project site. B) The Trust will collect data in the field annually using the DSL Mitigation Monitoring Vegetation Spreadsheet or a similar format as described in DSL's Routine Monitoring Guidance for Vegetation to evaluate the project in relation to performance standards detailed in the 61768_RF Renewal permit requirements. Task 3: Reporting Timelines or Schedules: January 1, 2023—December 31, 2025 Estimated Cost:$2,122 Deliverables: A) The Trust will provide as built report within 90 days of initial planting the project. B) The Trust will provide an annual vegetation monitoring report by December 1st of each year for minimum 3 growing seasons after completion of the initial plantings. C) Monitoring reports will be formatted according to the guidelines for reporting in 61768_RF Renewal permit requirements and will report on the following performance standards: native herbaceous species cover; invasive species cover and native tree and shrub stem density. Table 1:Timeline for proposed scope of work. 202 2024- Timing 3 2025 Spring Summer Fall Spring Summer Fall Project Mechanical Chemical Chemical Mechanical mow Chemical treat Chemical treat Activity mow treat treat noxious weeds noxious weed re- noxious weeds noxious noxious noxious sprouts, Chemical treat weeds weed re- weeds as Clean up non- noxious weed de radable Chemical sprouts as Winterize re-sprouts as needed g needed trash like pin treat irrigation needed Irrigate native flags, browse noxious Irrigate plantings cages and weed re- native Apply Irrigate native plantings Mechanical mow, irrigation sprouts as plantings fertilizer p s g- infrastructure needed plantings as needed Mechanical Draft annual As built mow as Draft annual vegetation reporting needed vegetation monitoring monitoring report Number Maintenance crews of 1 staff Maintenance crew of 1 staff about 2 time/month of Visits about 4 times/month TFT Project Managers about once every other month /Size of TFT Project Managers about once 8 (usually with maintenance crews) Crew every other month (usually with maintenance crews) Task 4: Replant Change Order Timelines or Schedules: September 1, 2023—December 31, 2023 Estimated Cost:$2,546 Deliverables: A) The Trust will hire and oversee a licensed contractor to replant 15 native trees and shrubs and run an irrigation system to support plant establishment. B) The Trust will provide as-built report within 90 days of replanting the project. Planting will be according to the Compensatory Mitigation Plan guidelines. Total Estimated Cost: $15,457