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Home My WebLink About2022-123 PO 20210235 Amnd #1- Japanese Garden Specialty LLC Purchase Order PwATI,� Fiscal Year 2021 Page: 1 of: 1 CITE' RECORDER B City of Ashland __ .hy ---- IATTN: Accounts Payable20 E. MPurchase L Ashlanda�OR 97520 Order# 20210235 T Phone: 541/552-2010 O Email: payable@ashland.or.us ✓ S C/O Parks Department E JAPANESE GARDEN SPECIALTY LLC H Admin Office N PO BOX 19403 I 340 South Pioneer D P Ashland, OR 97520 R PORTLAND, OR 97280 T Phone: 541/488-5340 O Fax: 541/488-5314 s If- (670`t TI-6,1 Ef ®r �7 Michael Black § 01/07/2021 5798 City Accounts Payable Japanese Garden Construction 1 Construction of Japanese Garden in Lithia Park 1.0 $1,278,985.00 $1,278,985.00 APR Public Improvement Contract Completion date: December 31, 2022 • Project Account: E-000745-120 2 MODIFIED: Processed change order 09/21/2022 1.0 $317,669.00 $317,669.00 Amendment No. 1 $317,669.00 Approved by the City Council 07/19/2022 Project Account: E-000745-120 ***************GL SUMMARY*************** 123000-704200 $1,596,654.00 . r / 0 A /Id Date: p �� \ Author ed ignat re 1 596 654.00 ''' .3, FORM #10 , ?� CITY OF CONTRACT AMENDMENT APPROVAL REQUEST ORM SHLAND Request for a Change Order Name of Supplier/Contractor I Consultant: Japanese Garden Specialty LLC 'Total'amount of this Purchase Order Number: 20210235 V6/22_ — � ..}�ggtra�t.amendment: ` o . t f tta 105-0 $ 317,669Tltle I DeSCr'IptlOn: Japanese Garden Redesign "q, ' ❑ Per attached contract amendment -431 6� `�,68•Contract Amendment 664) Original contract amount $1,278,985 100 %of original contract Total amount of previous contract amendments %of original contract Amount of this contract amendment 317,669 - 25 %of original contract TOTAL AMOUNT OF CONTRACT $1,596,654 125 %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 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 or affected award of contract. Contract amendment is within the scope of procurement: YES NO (If"NO",requires Council approval 1 Attach copy of CC.) i . 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,<— Council approval.Attach copy of Council whichever is less. $75K for Personal Services,<$50K for Attorney 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.'. ❑ "YES",cumulative amendments s$35,000 0 Exempt—Reason: ❑ If"NO",requires council approval.(Attach CC) INTERMEDIATE PROCUREMENT SOLE SOURCEEMERGENCY 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 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"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: 0 Exempt—Reason: eP CIAL-1114^9UREMEN INTERGOVERNMENTAL AGREEMENT ,t t s.ei ❑"YES",the total amouratA�,a��i Irgpr)tr�,t-e u �i s. , ; o �_ 0 Renewal of Intergovernmental Agreement Terms modified in accordance with initial within the amounts d ter la y`a p ove d,by ouncil as a_S eciial agreement OR cost will not be more than 25%greater than initial agreement.Renewal Procurement x- . e-tit ?t"C ei.: ,.D f2�*P•Te `�f.3,a approved by City Attorney and department head affected by renewal and approved/signed ❑� If"NO",amount exceeding authority r q 'es Counc9pprov4. _lox City Administrator.AMC 2.28.045(6) Attach copy of Council Communication [-4-p17c_f 4.1 r1,,Ali If NO" Co ncil approval is required.Attach copy of Council Communication, Project Number 0 0 7 4 5 -n---0 Account Number 1 2.3 0 0 0. 7 o 4 2 0 0 Account Number - *Expenditure must be charged to the appropriateopaccount numbers for the financials to reflect the actual expenditures accurately. Attach extra p es if needed. ' Employee Signature: n-4;/-z'Oa Department Head Signature: (E. ' •.or greater than ,000) City Mena er: 44, y, %�"1._>. ( "ntract and adden"a greater than$35,000) ' Funds appropriated for current fiscal year: Y /NO 7/ VI� Fina ce Direct r(Equal to or greater than$5,000) Date 7' �� G Comments: Form#10–Contract Amendment Approval Request Form, Request for a Change Order,Page 1 of 1,4/23/2020 w ' Council Business Meeting July 19, 2022 Agenda Item Contract Amendment to Japanese Garden Specialty LLC. From Michael A. Black, AICP° APRC Director Contact Michael.Black@ashland.or.us SUMMARY • Council approved Resolution No.2020-19 for the approval of an Exemption of a Public Improvement Contract for the Japanese Garden Redesign Project on October 20,2020 and awarded the contract to Japanese Garden Specialty LLC.An amendment to the contract is being requested for$317,669.00(25%)for project additions of fencing, decorative posts,garden deck installation,landscape lighting,welcome booth and other ancillary materials associated with those improvements.This project is being funded by a grant through the Ashland Parks Foundation.The garden is expected to be open in 2022 and these contract amendments area necessary to ensure the garden will be open and functional on time. The geneses of these changes are material cost related and represent the addition of some items that were not previously included in the original plan and are being made possible by generous gifts from donors.Without these donations,this project would not be possible. The Parks Commissioners have approved the context of the plan and the City Council is reviewing the contract for compliance with the following regulations. , This contract is an Exemption from Competitive bidding therefore any amendments requires Council approval per OAR 137- 049-0910(4) " Amendments may be made only when: (4)(c)In the case of a Contract obtained under an.Alternative Contracting Method,any additional Work was specified or reasonably implied within the findings supporting the competitive bidding exemption • POLICIES,PLANS&GOALS SUPPORTED APRC Commission Goals 2019-21 Biennium Goal 17: Continue to be part of the solution for realizing an Authentic Japanese Garden in Lithia Park and securing a large donation to accommodate the building and long-term maintenance of the garden PREVIOUS COUNCIL ACTION • Council approved Resolution No.2020-19 for the approval of an Exemption of a Public Improvement Contract for the Japanese Garden Redesign Project on October 20,2020. The Japanese Garden Landscape project was approved in the 2019-21 Biennial budget process as a CIP(Capital Improvement Project)for Parks. The Ashland Parks and Recreation Commissioners(APRC)approved the design of the Japanese Garden(January 2019)The design was amended to incorporate the 100-year old Douglas fir trees into the design and was approved by the Commission on October 28,2019. 0 At the September 23,2020 Special Business Meeting the APRC approved the contact for the Japanese Garden construction be awarded to Japanese Garden Specialty,LLC. and that the contract should be presented to the City Council for approval. Page 1 of 1 CITY OF • ASHLAND • BACKGROUND AND ADDITIONAL INFORMATION • Ashland Parks Foundation(APF)received a donation of$1,380,000 million dollars from local resident Jeff Mangin and the Marechal family in 2018 to redesign the Japanese Garden in Lithia Park.The Foundation,in return,is granting those funds and . the design of the garden,which has already been approved by the Parks Commissioners,to APRC to redesign and reconstruct the current Japanese Garden.APF will be increasing the donation for this project to include the project additions. Construction for the Japanese Garden Redesign began in November of 2020 and is currently eighty'percent finished with completing anticipated in the Fall of 2022.At the time of the original contract date there.were two items that were still uncertain. This contract amendment will add the following necessary elements to the contract: . 1. Four decorative posts with Solar Lanterns— $14,694.75 / 2. Garden Installation and Materials- $86,148.00 V 3. Project Perimeter Temporary Fencing- $23,826.25 4. Welcome Booth Materials and Construction- $43,000.00 CAAA/4-0,„ApIAXA4(kt 5. Copper Roofing for Gates and Welcome Booth- $25,000.00 6. Contingency- $25,000.00 7. Lighting- $100,000.00 TOTAL $317,669.00 ✓ • All funding associated with the original contract and the funds required for the increased in the contract scope'are provided by donations and grants. The largest donors being Jeffrey Mangin and the Marechal Family.Another set of donors have agreed to add$100,000 to afford the addition of landscape lighting in the garden.There is no increase in financial requirements from APRC or the City of Ashland as a result of this contract amendment. These items represent changes to the contact that are required or desirable for the aesthetic and functionality of the garden.The Ashland Parks and Recreation Commissioners are grateful to the donors who are making_this improvement to the garden possible. FISCAL IMPACTS The original project cost for the project was $1,380,000,which included the original contract with Japanese Garden Specialties, LLC for$1,278,985.00 and various other costs for incidental materials and supplies.The additional project items total $317,669 which brings the contract total to$1,596,654.00 and the project total to$1,697,669.00. This project is being funded in total by a grant from APF and APRC will only be contributing to the project through in-kind donations,including arborist work, excavation and demolition work and limited general labor. The Foundation is increasing the grant to cover the additional project costs. APRC staff will offer support to the construction with in-kind matches associated with some onsite construction and the use of some of APRC's equipment. The primary donor has alsoagreed to provide up to$60,000 per year for ten years for the maintenance of the garden.During the ten-year period,APRC and an Ashland Japanese Garden Committee will be dedicated to the fund-raising and programmatic elements of the garden to work toward achieving financial self-sufficiency.In other words,we will be working toward a goal of a positive ROI and the donor has generously granted the garden up to ten-years in maintenance costs while we work to achieve that goal. ADDITIONAL BACKGROUND Page 1 of 1 CITY OF ASHLAND • P ' APF hired Landscape designer Toru Tanaka of Japanese Garden Specialty,LLC to design a new authentic Japanese Garden. Tanaka was trained.in Japan and was the Director of Portland's Japanese Garden.Very few qualified designers/contractors exist that specialize in this area of expertise.In fact,the APF engaged the two prominent Japanese Garden Designers in the northwest(Toni Tanaka and Hoichi Korisu)to participate in a design competition prior to selecting a designer. Toru Tanaka won that design competition based on the conceptual plan that he produced for the APF. The Ashland Parks Foundation as the grantor of this project hired the designer and is requiring that Japanese Garden Specialty,LLC.be the contractor to ensure that cultural sensitivities and accuracies are carried from the design to the construction. The current Japanese style garden in Lithia Park was evaluated during the Lithia Park Master Plan Process.During design week in June 2018,it was determined that the garden could potentially be redesigned and even expanded without negatively affecting the adjoining park spaces.A few of the core garden needs identified in the project include creating a truly authentic Japanese Garden that is respectful of the history and culture of this unique garden form and making the garden ADA accessible. Ashland Parks and Recreation staff and the Ashland Parks Foundations held two public information/workshops on August 1 and August 9,2018,to engage the public about the Japanese Garden redesign. The Japanese Garden plans were originally approved in January of 2019. Soon after the approval,which included the removal of two 100-year old Douglas fir trees,the plans for the garden were put on hold by the donor and the Parks Foundation who were funding the project.The plan was amended to incorporate the 100-year old Douglas fir trees into the design and the plans for the bamboo garden have been scrapped. The amended plan was approved by the Commission on October 28,2019 APRC has presented the Japanese Garden design to the Tree Commission,Historic Commission,Community Development, and Public Works. CEAP—This project is a landscape project and has minimal long-term environmental impacts.The design does not include the use natural gas or fossil fuels.This project is as water efficient as possible while maintain the authenticity of a traditional Japanese Garden and will make upgrades to the aging irrigation system..Recycled materials will be used when possible including wood and boulders. STAFF RECOMMENDATION The Japanese Garden has been reconstructed several times over the 100 years since it was installed. There was a major reconstruction in the 1950s and then again in the 1980s. One of the challenges with maintaining a living landscape is that it will always need regeneration after a time. The Japanese Garden is at a point when regeneration,or reconstruction,is necessary in • order to maintain the aesthetic that so many people enjoy. The fact that we can regenerate the garden without public funds,and that we have secured what amounts to a$600,000 maintenance endowment over ten years,is why we are so excited about moving this project forward at this point. The garden needs work to maintain its aesthetic.It also requires an accomplished designer who is qualified in both the physical and cultural requirement to design and build an authentic Japanese Garden.We have been granted.a gracious gift to not only maintain but expand the garden's aesthetic and we are excited to move this project forward.This project will also employ several local contractors and their employees for up to two years. Staff recommends the approval of the change order to increase the Japanese Garden project by$317,669.00 ACTIONS, OPTIONS&POTENTIAL MOTIONS , 1.) I move approval of the change order to increase the Japanese Garden project contract with Japanese Garden Specialty, LLC by$317,669.00 . . REFERENCES &ATTACHMENTS Attachment 1: Staff Memo requesting change order for the Japanese Garden Specialty LLC contract Page 1 of 1 CITY OF ASHLAND • • Attachment 2: Form#10 Attachment 3:Japanese Garden Drawings • • • • • • • • • c ' • Page 1 of 1 • CITY OF ASH LAN D Kariann Olson G h el ' ✓4 From: Tara Kiewel k IA' Sent: Wednesday,August 24,2022 1:31 PM �j To: Joe Lessard;Kariann Olson v ott 4-7 Cc: \ Cheryl Artrip;Michael Black fr Subject: Re:Japanese Garden-Contract Amendment Joe, I' I have requested all the additional information from our contractor.We should have it by Friday: Tara Sent from my T-Mobile 5G Device Get Outlook for Android - From:Joe Lessard <joe.lessard@ashland.or.us> Sent:Wednesday,August 24, 2022 12:39:44 PM To: Kariann Olson<kari.olson@ashland.or.us>;Tara Kiewel<tara.kiewel@ashland.or.us> Cc:Cheryl Artrip<cheryl.artrip@ashland.or.us> Subject: RE:Japanese Garden-Contract Amendment Tara &Kariann: Can you update me ASAP on the status of the documentation so I can authorize the Japanese Garden work. Thanks. Best, Joe L. - • Joseph L. Lessard • City Manager • City of Ashland Email: ioe.lessard@ashland.or.us Phone:541.552.2103 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at(541) 552-2103.Thank you. From: Kariann Olson<kari.olson@ashland.or.us> Sent:Wednesday,August 17,2022 1:59 PM To:Tara Kiewel<tara.kiewel@ashland.or.us> Cc: Kariann Olson<kari.olson@ashland.or.us>;Joe Lessard<joe.lessard@ashland.or.us>; Cheryl Artrip <cheryl.artrip@ashland.or.us> ' Subject:Japanese Garden-Contract Amendment Hello Tara, • Joe asked me to relay this request for information to you. RECAP: The contract amendment for the JAPANESE GARDEN appears to be for$317,669.00. 1 There is a:.list of"nece"ssary elements" per CC dated July 19,2022 that were approved by the City Council. 1. Jour decorative posts with Solar Lanterns— $14,694.75 2. ,,Garden Installation and Materials $86,148.00 -3. Project Perimeter Temporary Fencing- $23,826.25 4. Welcome Booth Materials and Construction- $43,000.00 5. Copper Roof ng fru Gates and Welcome Booth- $25,000.00 : 6. •Contingencyc- $25,000.00 ' 7_ L&hting- $100,000.00 • TOTAL $317,669.00 • You have only attached two (2)each ADDITIONAL WORK AUTHORIZATIONS from the contractor as backup for Items#1 . and#2. • 04/07/2022 (4)Security Camera Post Installations $14,694.75 • 04/12/2022 Garden Deck $86,148.00 Ideally,the contract amendment should reference the ADDITIONAL WORK AUTHORIZATIONS as Exhibits so they officially become a part of the contract documents. Joe should only have to sign the contract amendment having the ADDITIONAL WORK AUTHORIZATIONS attached as Exhibits. Joe should not have to sign the contract amendment AND each of the individual ADDITIONAL WORK AUHTORIZATIONS. Hoping this makes sense, if riot please call me at#2290. REQUEST FOR MORE INFORMATION: ' Can you please provide Joe with the ADDITIONAL WORK AUTHORIZATIONS(aka firm written bids)for Items#3 to#7 listed above that need to be included as backup documentation with the contract amendment. If I can be of assistance, please contact me. • Thank you. Kariann Kariann Olson Purchasing Specialist City of Ashland . 90 N. Mountain Ave. 2 Ashland, Oregon 97520 Tel 541-488-5354 Fax 541-488-5320 ' : TTY 800-735-2900 kari.ols.on(aashland.or.us . Visit the City's web site at: www.ashland.or.us This,email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at(541)488-5354.Thank you. 2 Kariann Olson V From: Kariann Olson ; Sent: Thursday,July 14,2022 10:10 AM To: Tara Kiewel Cc: Kariann Olson Subject: Contract Amendment for Japanese Garden Hello Tara, Joe Lessard asked me to give you a heads up in regards to the contract amendment for the Japanese Garden. Your department's contract amendment for the Japanese Garden requires Council approval. PO 20210235 Japanese Garden 1st Question: What is the sourcing method? V Sourcing Method: Exemption from Competitive Bidding(October 20,2020) 2nd Question: How can I amend a contract resulting from this sourcing method? This contract amendment(additional scope of work) does not appear to have been included in the original Council Communication (written findings) seeking an exemption from competitive bidding; therefore,this contract amendment requires Council approval. • If-this scope of work would have been included in the original Council Communication (written findings)that Council approved Joe would have authority to sign the contract amendment, but because it was not included in the original Council Communication this contract amendment requires Council approval. Where to find the rule: OAR 137-049-0910(4) " Amendments may be made only when: (4)(c)In the case of a Contract obtained under an Alternative Contracting Method, any additional Work was specified or reasonably implied within the findings supporting the competitive bidding exemption;and Hope this information is helpful. Thank you. Kariann ( - Kariann Olson Purchasing Specialist City of Ashland 90 N. Mountain Ave. Ashland, Oregon 97520 Tel 541-488-5354 Fax 541-488-5320 TTY 800-735-2900 1 kari.olson@ashland.or.us `` Visit the City's web site at: www.ashland.or.us This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at(541)488-5354.Thank you. • • 2 Kariann Olson From: Kariann Olson Sent: Wednesday,August 17,2022 1:59 PM To: Tara Kiewel Cc: Kariann Olson;Joe Lessard;Cheryl Artrip Subject: Japanese Garden-Contract Amendment Attachments: Add Work$86148.00.pdf;Add Work$14694.75.pdf Hello Tara, Joe asked me to relay this request for information to you. • RECAP: The contract amendment for the JAPANESE GARDEN appears to be for$317,669.00. • There is a list of"necessary elements" per CC dated July 19,2022 that were approved by the City Council. 1_ Four decorative posts with Solar Lanterns— $14,694.75 2. Garden Installation and Materials- $85,148.00 3_ Project Perimeter Temporary Fencing- $23,826.25 4. Welcome Booth Materials and Construction- $43,000.00 5_ Copper Roofing for Gates and Welcome Booth- $25,00000 6. Contingency- -$25,000.00 7_ Lighting- $100,000.00 TOTAL $317,669.00 You have only attached two (2)each ADDITIONAL WORK AUTHORIZATIONS from the contractor as backup for Items#1 and#2. • 04/07/2022 (4)Security Camera Post Installations $14,694.75 • 04/12/2022 Garden Deck $86,148.00 Ideally,the contract amendment should reference the ADDITIONAL WORK AUTHORIZATIONS as Exhibits so they officially become a part of the contract documents. Joe should only have to sign the contract amendment having the ADDITIONAL WORK AUTHORIZATIONS attached as Exhibits. Joe should not have to sign the contract amendment AND each of the individual ADDITIONAL WORK.AUHTORIZATIONS. Hoping this makes sense, if not please call me at#2290. REQUEST FOR MORE INFORMATION: Can you please provide Joe with the ADDITIONAL WORK AUTHORIZATIONS (aka firm written bids)for Items#3 to#7 • listed above that need to be included as backup documentation with the contract amendment. If I can be of assistance, please contact me. , • Thank you. Kariann - • Kariann Olson Purchasing Specialist City of Ashland 90 N. Mountain Ave. • Ashland, Oregon 97520 Tel 541-488-5354 1 Fax 541-488-5320 TTY 800-735-2900 . kari.olson@ashland.or.us _ Visit the City's web site at: www.ashland.or.us This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at(541)488-5354.Thank you. • • • • 2 • Legal Department Review DOCUMENT TRANSMITTAL AND CONTROL This form will accompany the document through the drafting,review,and signature processes,and will be kept with the City's final executed copy of the document. Required fields are indicated in gray scale. Document: Amendment No.1 to Public Improvement Contract with Japanese Garden SPecialty LLC (Include names ofparties to the document) Type of Document: Contract B Lease 0 Easement 0 Deed 0 IGA 0 Other(Specify) • Dept Contact: Tam Kiewel ACTION REQUESTED: Dept:APRC • Phone: Ext 2257 ❑ Review Draft Date submitted to Legal: 8/3/22 ❑ Approve fmal and forward to: Draft due by: ASAP (Unless indicated,Legal will return document to you) Return Requested by: Complete this section ONLY the first time this form is filled out: Has this document been previously worked on by the Legal Dept Staff? 0 No 0 Yes If yes,by whom? • LEGAL DEPT First Date Received by Legal Date: 08-03-22 By: DMM USE ONLY Returned to Dept for Revision ' Date: • By: Received for additional review by Legal Date: By: Returned to Dept_for Revision Date: - By: Received for additional review by Legal Date: - By: Returned to.Dept for Revision Date: By: Received for Additional Review by Legal Date: By: • Returned to Dept for Revision Date: By: Final Logged out by Legal Date: 08-09-22 By: DMM Comments from LEGAL to DEPARTMENT: Comments from DEPARTMENT to LEGAL: 0 See Attached. /1 f) 8-09-22 Ensure pursuant to OAR 137-047-0800 and `(g �� amendment less than or equal to 25%of original 0 A pe. contract amount or $250,000,whichever is less_ c � AATF: DMM Return original executed document to City Does this document need to be recorded? Recorder for safekeeping? 0 'No 0 Yes 0 No 0 Yes CITY ADMINISTRATOR/DEPARTMENT HEAD Please do not sign the attached document until this form has been approved by the Legal Dept below: FINAL LEGAL DEPARTMENT APPROVAL: Date: • OAR 137-049-0910 Changes to the Work and Contract Amendments (1)Definitions for Rule.As used in this rule: (a)"Amendment"means a Written modification to the terms and conditions of a Public Improvement Contract, other than by Changes to the Work,within the general scope of the original Procurement that requires mutual • agreement between the Contracting Agency and the Contractor. (b)"Changes to the Work"means a mutually agreed upon change order,or a construction change directive or other Written order issued by the Contracting Agency or its authorized representatives to the Contractor requiring a change in the Work within the general scope of a Public Improvement Contract and issued under its changes provisions in administering the Contract and,if applicable,adjusting the Contract Price or contract time for the changed Work. (2)Changes Provisions.Changes to the Work are anticipated in construction and,accordingly,Contracting Agencies shall include changes provisions in all Public Improvement Contracts that detail the scope of the changes clause, provide pricing mechanisms,authorize the Contracting Agency or its authorized representatives to issue Changes to the Work and provide a procedure for addressing Contractor claims for additional time or compensation.When ' Changes to the Work are agreed to or issued consistent with the Contract's changes provisions they are not considered to be new Procurements and an exemption from competitive bidding is not required for their issuance by Contracting Agencies. (3)Change Order Authority.Contracting Agencies may establish internal limitations and delegations for authorizing Changes to the Work,including dollar limitations.Dollar limitations on Changes to the Work are not set by these Model Rules,but such changes are limited by the above definition of that term. • (4)Contract Amendments. Contract Amendments within the general scope of the original Procurement are not considered to be new Procurements and an exemption from competitive bidding is not required in order to add components or phases of Work specified in or reasonably implied from the Solicitation Document.Amendments to a Public Improvement Contract may be made only when: (a)They are within the general scope of the original Procurement;. (b)The field of competition and Contractor selection would not likely have been affected by the Contract modification.Factors to be considered in making that determination include similarities in Work,project site, relative dollar values,differences in risk allocation and whether the original Procurement was accomplished through competitive bidding,competitive Proposals,competitive quotes,sole source or Emergency contract; c)fin]( em ®on. rac ob ained Layffigyam[til ernative®ontra-tint; ethod eig additio al�a p c ig easonao i a ied t s 0 portin f L o altiddin mo ao_;and (d)The Amendment is made consistent with this rule and other applicable legal requirements. j AMENDMENT NO. 1 to PUBLIC IMPROVEMENT CONTRACT between THE CITY OF ASHLAND, an Oregon municipal corporation, ("City") and Japanese Garden Specialty LLC, a(company), ("Provider") for - The project management and construction of the Japanese Garden RECITALS A. The City and Provider previously entered into a Goods and Services Agreement effective November 9, 2020 (the "Agreement"), for the e project management and construction of the Japanese Garden in Lithia Park. • 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 4 of the Agreement as follows,with strikeout wording deleted and underscored wording added: 4.1 4.1 The City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a sum not to exceed :. ,- d,' : .! ! -• . • . . $1,596,654.00 (one million five hundred ninety-six thousand and six hundred and fifty-four U. S. dollars) for performing the Work required by this Contract, including all allowable expenses. In no event shall Contractor's total of all compensation and reimbursement under this Agreement exceed the sum of $4474,945.00 (onc mil i n dollars) $1,596,654.00 (one million five hundred ninety-six thousand and six hundred and fifty-four U. S. dollars) without the express, written approval from the City official whose signature appears below, or such official's successor in office. Any progress payments made to Contractor shall be made only in accordance with the schedule and the requirements as set forth in" Exhibit A, Standard Terms and Conditions for Public Improvement Contracts." Page 1 of 2: Amendment No. 1 to Goods&Services Agreement between the City of Ashland and Japanese Garden Specialty LLC iC 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. 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 Japanese Garden Specialty LLC. / By: ,. ,. B••. Ci M ger Printed Name: el;' ".t. '1 urec 6c.ct_ Date: 7AaL Title: 444 -r- t Date: a — 1* — 2% AP" o I D AS TO FORM: • • orney 08-09-22 Date Page 2 of 2: Amendment No. 1 to Goods&Services Agreement between the City of Ashland and Japanese Garden Specialty LLC Original Project Additions 1 Welcome Booth -Construction, Mgmt, Electrical, Concrete $ 50,600 2 Deck $ 86,148 3 Railings for Deck $ 13,000 4 Lighting $ 85,100 5 Camera Posts $ 14,965 6 Temporary Fencing $ 14,438 7 Landscape around Welcome Booth $ 17,825 Contingency 8 North Gate $ 2,400 9 Benches (7) $ 3,544 10 Seth - Lanterns $ 24,150 11 $ 5,500 Total Estimated Additions $ 317,669 7 Original Project Additions 1 Welcome Booth -Construction, Mgmt, Electrical, Concrete $ 50,600 2 Deck $ 86,148 3 Railings for Deck $ 13,000 4 Lighting / $ 85,100 5 Camera Posts $ 14,965 6 Temporary Fencing $ 14,438 7 Landscape around Welcome Booth $ 17,825 Contingency 8 North Gate $ 2,400 9 Benches (7) $ 3,544 10 Seth- Lanterns $ 24,150 11 $ 5,500 Total Estimated Additions $ 317,669 • l Japanese Garden Specialty,LLC I - Japanese Garden Design, Maintenance I &Construction Management F£-.. :.' ESTIMATE \ h • 11,9 August 25,2022 4rilaysx+iz.- Jeff Mangin Director Ashland Parks Foundation • 340 South Pioneer Street Ashland, OR 97520 Project Name: Ashland Japanese Garden Pine Pruning Works • Project Location: Ashland Japanese Garden in Lithia parks 190 Granite St,Ashland, OR 97520 Estimate Amount: $50,600.00 Service Descriptions: Welcome center building Estimate Descriptions: William Olsen Design LLC, Sub contractor See Attached Construction contract. $44,000.00 Japanese Garden Specialty,LLC Design, Lay out, ETC $6,600.00 Note: Not include Electric work connect to the Welcome Center Wi-Fi, Security camera, and all anther line If you have any question or clarification,please contact me at(503) 317-2970 Thank you r Japanese Gaiden Specialty, LLC Toru Tanaka Mailing Address: P.O. Box 19403. Portland, OR 97280 Office Address: 13635 SW Hall Blvd. Portland, OR 97223 Phone: (503) 317-2970 Fax: (503) 684-0607 • E-mail: office jgardens@mail.com Toru: torutanaka8@gmail.com (personal) • P.O.Box 19403,Portland,OR 97280•E-mail:jgardens@mail.com Japanese Garden Speciality,LLC Japanese Garden Design,Maintenance . &Construction Management • 1.~ il.' ADDITIONAL WORK AUTHORIZATION ---R-'' '.r,.;ate, April 12 2022 Michael Black • • Director of Ashland Parks and Recreation.Comi nission 340 S Pioneer Street' 'I . Ashland, Oregon 97520 - • i • Original Project.Name: Ashland Japanese Garden Project • Project Location; . ' Ashland Lithia Park Japanese Garden Windburn Way,Ashland Oregon 97520 Proposed additional work: Garden Deck works per subcontract proposal by . Michael J Ryder Construction dated 4— 12 - '22 ' Total Proposal Amount: $86,148.00 - • • i . • Descriptions: Deck Works Proposal Amount $74911.00 . With Contract from Michael J Ryder Construction • • •Japanese Garden Specialty • $11,237,00 , t . Construction management,supervise works, 1 • And Fee 15%of•subcontractors' proposal amount Additional work to be performed under same conditibn in original contract unless . Otherwise stipulated. We propose hereby to furnish material and labor. • Complete in accordance with these specifications at above stated price. Respectfully submitted by Japanese Garden Specialty, LLC, And Ashland Park . and Recreation Commission a Acceptance of additional vroik The above price,specifications and conditions are satisfactory and are hereby . - accepted. You are authorized to do the work as specified. Payment will be made i • . as above. ' / : - • Owner's Acceptance Signature 'date 1 Japanese Garden S.ecialty,LLC. , :� : .. • , Ew./ 0.Z, . • 13635 SW Hall Blvd Tigard, OR 97223. ,OLCB# 8277 • . . • • P.O.Box 19403,P.ortlan.d, OR 97280.0E-mail:jgardens4rnaxl,com . i Japanese Garden Specialty,LLC Japanese Garden Design, Maintenance &Construction Management INVOICE • INY Deck Railing Systems Change Order September 02, 2022 • Michael Black Director Ashland Parks and Recreation Commission 340 South Pioneer Street Ashland, OR 97520 Project Name: Public Improvement Contract Ashland Japanese Garden Project Project Location: Ashland Lithia Park Japanese Garden, Winburn Way, Ashland OR 97520 Project Number: NO.000745 Invoice Amount: $6,500.00 Invoice Description: Change Orders Total Contract Amount$13,000.00 • Deck Railing systems Red Crane Cable Guardrails Down payment $6,500.00 JGS, SGL Fee/ SGL No Markup Japanese Garden Specialty, LLC Mailing Address: P.O. Box 19403. Portland, OR 97280 Office Address: 13635 SW Hall Blvd. Portland, OR 97223 Phone: (503) 317-2970 Fax: (503) 684-060 E-mail: office jgardens@mail.com • P.O.Box 19403,Portland,OR 97280 a E-mail:jgardens@mail.com • Japanese Garden Specialty,LLC Japanese Garden Design, Maintenance &Construction Management Q.. 1)-` ESTIMATE September 01,2022 • • Jeff Mangin Director Ashland Parks Foundation • - 340 South Pioneer Street Ashland, OR 97520 Project Name: Ashland Japanese Garden Additional Works Garden Lighting Installations Project Location: Ashland Japanese Garden in Lithia parks 190 Granite St,Ashland, OR 97520 Estimate Amount: $85,100.00 Service Descriptions: Garden Lighting Installation Estimate Descriptions: Solid Ground Landscape INC. Subcontractor See Attached Construction contract. $74,000.00 Japanese Garden Specialty,LLC Design,Lay out,installation,Adjustments $11,100.00 If you have any question or clarification,please contact me at(503) 317-2970 Thank you Japanese Garden Specialty,LLC Toru Tanaka • Mailing Address: P.O. Box 19403. Portland, OR 97280 Office Address: 13635 SW Hall Blvd. Portland, OR 97223 Phone: (503) 317-2970 Fax: (503)684-0607 E-mail:office jgardens@mail.com Toru: torutanalca8@gmail.com (personal) P.O.Box 19403,Portland,OR 97280•E-mail:jgardens@mail.com . Japanese Garden Specialty,LLC • . • Japanese Garden Design, Maintenance ' I •:;. &Construction Management i • •`` • yy kip • PROPOSAL/Additional Works la April 7,2022 Michael Black • Director of Ashland Parks and Recreation Commission 340 S Pioneer Street Ashland,Oregon 97520 • • 1 Project Name: Ashland Japanese Garden Project • 1 Project Location: Ashland Lithia Park Japanese Garden 6 Windburn Way,Ashland Oregon 97520 • Proposed Additional Work: .4 Security camera post installations • 9' to 12'Hight and support posts install concreate • base with conduit from ticket house to each post N Proposal Amount: $14,694.75 11 Descriptions: • , Post#1 Tea-Garden area . Security camera post install by concrete base and 4x4 support posts attached 12'hight 4x4 post install - • , with cedar board's cover - • - Total 198' 3/4"conduit set up • • . Post 42 by Main Gate area . Same as#1 security camera post install total 105' - 4"electric conduit installs • Post 43 outside of Sand and stone garden • Same structure/setting of 41 and.#2 security camera post • Total 265' 3/4"conduit under concreate sidewalk Post#4 by the south garden gate area . 12'hight security camera post set and total 375' 3/4" ' . • conduit install • . • • • Each post has soler post top lantern install , Not install all camera and wire systems P.O.Box 19403,Portland,0107280 a E-mail:jgardens@mail,cora I . • Caveman Fence& a i!: Fabrication, Inc. \`,'�,� 0.04 $' 1080 SE M Street "' 1;��4y�';,; Grants Pass, OR 97526 541-474-0302 www.cavemanfence.com BILL TO INVOICE 1531 Ashland Parks and Recreation do Garden Specialty LLC Lithia Park DATE 11/10/2020 TERMS Net 10 Ashland, Or 97520 DUE DATE 11/20/2020 DESCRIPTION QTY RATE AMOUNT Installed 1750' of 6'temporary fence panels this price is good for up to 1 14,437.50 14,437.50 13 months from invoice date. Every month or partial month after December 10, 2021 is to be charged at$.65 per foot per month until requested to be picked up. We appreciate your business. Thank you - If you have questions either call the office or email beth@cavemanfence.com CCB#219459 TOTAL DUE $14,437.50 Total Price shown is a check or cash price. Add 3% convenience fee for credit card use. Call office for access to process credit card payments. Invoices are due and payable upon receipt. If not paid within 10 days, a 2% interest charge will be added per month until paid. -7 Japanese Garden Specialty,LLC Japanese Garden Design, Maintenance &Construction Management ESTIMATE • August 25, 2022 JefffMangin Director Ashland Parks Foundation 340 South Pioneer Street Ashland, O R 97520 Project Name: Ashland Japanese Garden Additional Works Project Location: Ashland Japanese Garden in Lithia parks 190 Granite St, Ashland, OR 97520 Estimate Amount: $17,825.00 Service Descriptions: Around Welcome center Landscape Estimate Descriptions: Front side concrete pathway(under roof line) Welcoming Water Basin w/bamboo spouts Handicaps access pathway to building Drainage system for around building Japanese traditional wood door installation by existing cedar fence Pathway connect to new wood door to building door Planting-2 trees and 10 shrubs If you have any question or clarification,please contact me at(503) 317-2970 Thank you Japanese Garden Specialty, LLC Toru Tanaka Mailing Address: P.O. Box 19403. Portland, OR 97280 Office Address: 13635 SW Hall Blvd. Portland, OR 97223 Phone: (503) 317-2970 Fax: (503) 684-0607 E-mail: office jgardens@mail.com mail.com Toru: torutanaka8(u7gmail.com (personal) • P.O.Box 19403,Portland,OR 97280•E-mail:jgardens@mail.com • Japanese Garden Specialty,LLC .8 f` Japanese Garden Design, Maintenance - &Construction Management °: INVOICE Lir August 25,2022 • Jeff Mangin Director Ashland Parks Foundation 340 South Pioneer Street • • Ashland, OR 97520 D Project Name: Ashland Japanese Garden Extra Gate Door • Project Location: , Ashland Japanese Garden in Lithia parks 190 Granite St,Ashland, OR 97520 Down Payment Amount: $2,400.00 Service Descriptions: Extra door under arbor Invoice Descriptions: William Olsen Design LLC, Invoice Amount $2,400.00 Balance for William Olsen Design • • Note: Not include Electric work connect to the Welcome Center Wi-Fi, Security camera, and all anther line If you have any question or clarification,please contact me at(503) 317-2970 Thank you • Japanese Garden Specialty,LLC Toni Tanaka - Mailing Address: P.O. Box 19403. Portland,OR 97280 Office Address: 13635 SW Hall Blvd.Portland, OR 97223 Phone: (503) 317-2970 Fax: (503) 684-0607 E-mail: office jgardens@mail.com mail.com Toru: torutanaka8ngmail.com (personal) • • P.O.Box 19403,Portland,OR 97280 a E-mail:jgardens@mail.com I 6 i WILLIAM OLSEN DESIGNS Proposal Date:9/1/22 Client: City OF Ashland 216 Houston Rd.Phoenix„OR 97520 Address: williamolsendesigns.com 541-326-1652 Phone: WilliamCalwilliamolsendesians.com Email: Description: Park Benches Amount: 7 Freestanding Bench with no legs/ $150 Material $160 labor / Bases not included $2170 7 Freestanding Bench with legs/ $175 Material $190 labor. $2,555 Material: Western Red Cedar. • • Checks payable to William Olsen Designs, LLC. Mail to 216 Houston RD Phoenix,OR 87535 4 Japanese Garden Specialty,LLC - I Japanese Garden Design,Maintenance &Construction Management • INVOICE Additional July 15,2022 Jeff Mangin Director • Ashland Parks Foundation 340 South Pioneer Street Ashland, OR 97520 Project Name: Public Improvement Contract Ashland Japanese Garden Project Project Location: Ashland Lithia Park, Winburn Way,Ashland OR 975..20 Project Number: . NO.000745 Invoice Amount: S24,150.00 _ Additional Billing: 6-02-2022 and 6-03-2022 Invoice Description: 1 Stone Lanterns Invoice from Solid Ground Landscape Invoice # 14703 date 6-02-'22 and Invoice# 14705 date 6-03- '22 Total $21,000.00 2 Stone Lanterns Installation Fee from Japanese Garden Specialty Locations setting,Foundation,installation $3,150.00 If you have any question or clarification,please contact me at(503)317-2970 Thank you Japanese Garden Specialty, LLC Toru Tanaka Mailing Address: P.O. Box 19403.Portland,OR 97280 Office Address: 13635 SW Hall Blvd. Portland, OR 97223 Phone: (503) 317-2970 Fax: (503) 684-0607 E-mail: office igardensnmail.com • P.O.Box 19403,Portland,OR 97280•E-mail:jgardens@mail.com Japanese Garden Specialty,LLC - Japanese Garden Design, Maintenance &Construction Management t '.y ..¢ ESTIMATE August 25, 2022 Jeff Mangin Director Ashland Parks Foundation 340 South Pioneer Street Ashland, OR 97520 Project Name: Ashland Japanese Garden Pine Pruning Works Project Location: Ashland Japanese Garden in Lithia parks 190,Granite St,Ashland, OR 97520 Estimate Amount: $50,600.00 Service Descriptions: Welcome center building Estimate Descriptions: William Olsen Design LLC, Sub contractor See Attached Construction contract. $44,000.00 Japanese Garden Specialty, LLC Design, Lay out, ETC $6,600.00 Note: Not include Electric work connect to the Welcome Center Wi-Fi, Security camera, and all anther line If you have any question or clarification,please contact me at(503) 317-2970 Thank you, Japanese Garden Specialty,LLC Toru Tanaka Mailing Address: P.O. Box 19403. Portland, OR 97280 Office Address: 13635 SW Hall Blvd. Portland, OR 97223 Phone: (503)317-2970 Fax: (503) 684-0607 E-mail: office j.gardens@tnail.com Toru: torutanaka8@gmail.com gmail.com (personal) • • P.O.Box 19403,Portland, OR 97280•E-mail:jgardens@mail.com • • ConstructiContract This Construction Contract is being entered into between Toru Tanaka/Japanese Garden Specialty LLC and William Olsen Designs LLC (collectively, the "Parties"). The effective date of this Construction Contract will be the last date of signature below. This Construction Contract, along with incorporated documents referenced herein, sets forth the terms and conditions agreed to between the Parties relating to construction of Ashland's Japanese Garden entry gates by William Olsen Designs LLC for Toru Tanaka/Japanese Garden Specialty LLC. TERMS AND CONDITIONS Article 1 — Parties and Property 1.1. General Contractor is Toru Tanaka/Japanese Garden Specialty LLC, with contact information as follows: PO Box 19403 Portland, OR 97280 503-684-0607 Email:jgardens@mail.com 1.2. Subcontractor is William Olsen Designs LLC, is an insured contractor, with contact information as follows: 216 Houston Rd Phoenix, OR 97535 541-326-1652 Email: william@williamolsendesigns.com 1.3. The site for the construction to be completed under this Construction Contract is as follows: City of Ashland -- Lithia Park Ashland, OR 97520 1 s • / • r- 1.4 Construction Project shall mean the work that Subcontractor,(and/or Subcontractor's agents) are obligated to perform for General Contractor as detailed within the following plan and specification documents which are incorporated herein by reference: Complete 9x11 Timber Frame welcome center. Included: 1. Exterior timber frame 5x5 Fir with exposed timber, 2x4 trusses with cedar T&G ceiling. 2. Anderson Windows 100 series 3. Custom Front door and and window shed roof 4. Drywall with knockdown texture 5. Electric: Main Electrical•box with 3/ 20 amp breakers. Two receptacles per wall and one ceiling light. Power will be provided by and brought to the building by others. 6. Paint: Color TBD 7. Scratch coat stucco with paint. Paint will match the existing wall. 8. Exterior wood finish`{seal coat} Not Included: 1. Foundation. 2. Finished Roof 3. Finished floor if any. • 4. Electrical : power will be brought to the building and up through the slab floor. 5. Footing drains and all landscaping. Article 2 — Compensation 2.1. In consideration for the work performed by Subcontractor on the Construction Project, General Contractor will pay to Subcontractor the total sum of $44,000, according to the milestones set forth below, and subject to modification 2 on account of any change orders to the scope of work made by the Parties according to the terms of this Construction Contract. 2.2. Upon completion of the scope of work designated in the following milestones, partial payments will be made by General Contractor to Subcontractor within 30 days of notice of milestone completion submitted by Subcontractor to General Contractor, subject to any applicable dispute provisions in this Construction Contract: • 2.2.1. Milestone 1. Upon signing of this contract, Subcontractor will be entitled to deposit payment of$10,000. Work scope: Completion of framing 2.2.2. Milestone 2. Upon completion of the following scope of work, Subcontractor will be entitled to progress payment of$14,000 Work scope: Completion of framing , 2.2.3. Milestone 3. Upon completion of the following scope of work, Subcontractor will be entitled to payment of$20,000 Work scope: Completion of the entire project scope of work. 2.3. Subcontractor will have the right to stop work and keep the Construction Project idle if payments are not made to Subcontractor when due. If the work is stopped for such reason for a period exceeding 30 days without payments being made, General Contractor shall be deemed to be in default and Subcontractor may, at its option, make a final demand for all payments due and owing, and any additional expenditures for work performed, materials ordered or supplied, or any other loss sustained. If payment is not made within 30 days thereafter, the Subcontractor will be entitled to all legal remedies for breach of this Construction Contract. Article 3 — Contingencies, Commencement,and Completion 3 ti 4r. . - 2_____ . . , . • • _ . ,Jpanese Garden Specialty,11.0 # f • Japanese Garden Design,Maintenance 1 & Construction Management f:�)t`L:t•! H \\ ADDITIONAL WORK AUTHORIZATION • April 12 2022 Michael B lack • • 1 • Director of Ashland Parks and Recreation.Cominission • 340 S Pioneer Street• . Ashland, Oregon 97520 Original Project Name: Ashland Japanese Garden Project . • Project Location: . Ashland Lithia Park Japanese Garden • Windburn Way,Ashland Oregon 97520 Proposed additional work: Garden Deck works per subcontract proposal by - • i • Michael J Ryder Construction dated 4— 12 - '22 • • Total Proposal Amount: $86,148.00 - 1 . • Descriptions: Deck Works Proposal Amount $74911.00 . With Contract from Michael J Ryder Construction . • • Japanese Garden Specialty • $11,237.00 - • 1 • . Construction management,supervise works, - • And Fee 15%of•subcontractors' proposal amount • 1 work to beperformed under same condition in original contract unless Additionalg I Otherwise stipulated-We propose hereby to furnish material and labor. • Complete in accordance with these specifications at above stated price. Respectfully submitted by Japanese Garden Specialty,LLC. And Ashland Park and Recreation Commission • e S Acceptance of additional v,oik . The above price,specifications and conditions are satisfactory and are hereby accepted. You are authbrized to do the work as specified. Payment will be made 1 as above. • /.: • • Owner's Acceptance Signature 'date I Japanese Garden S.ecialty,LLC. • r 0 Z,/ a.Zs • 13635 SW Hall'Blvd Tigard, OR 97223, OLCB# 8277 . G P.O.Box 19403,Portland,OR 97280.0&-wait:jgardens4mail.con] • Japanese Garden Specialty,LLC /•, Japanese Garden Design,Maintenance . &Construction Management rtESTIMATE • • September 01,2022 . . . . ... Jeff Mangin Director Ashland Parks Foundation • 340 South Pioneer Street Ashland,OR 97520 Project Name: Ashland Japanese Garden Additional Works Garden Lighting Installations Project Location: Ashland Japanese Garden in Lithia parks 190 Granite St,Ashland, OR 97520 Estimate Amount: $85,100.00 Service Descriptions: Garden Lighting Installation Estimate Descriptions: Solid Ground Landscape INC. Subcontractor See Attached Construction contract. $74,000.00 'Japanese Garden Specialty,LLC Design,Lay out,installation,Adjustments $11,100.00 If you have any question or clarification,please contact me at(503) 317-2970 Thank you Japanese Garden Specialty,LLC Toni Tanaka Mailing Address: P.O.Box 19403. Portland, OR 97280 Office Address: 13635 SW Hall Blvd.Portland, OR 97223 Phone: (503)317-2970 Fax: (503)684-0607 E-mail: office igardens@mail.com Toni:torutanaka8na,gmail.com (personal) • P.O.Box 19403,Portland,OR 97280•E-mail:jgardens@mail.com PROPOSAL AND CONTRACT FOR LANDSCAPE SERVICES BY SOLID GROUND LANDSCAPE INC. _ DATE: 8-30-22 Client Name and Address: Japanese Garden Specialty LLC,PO Box 19403,Portland OR 97280 Job location: Ashland Lithia Park Japanese Garden,Winburn Way,Ashland OR 97520 Solid Ground Landscape Inc.proposes the following landscaping work: CHANGE ORDER Lighting design by Julia Rezek Design 12,500.00 Lighting installation per design by Julia Rezek Design 61,500.00 • Estimated time for completion:2 weeks Price:74,000:00 Payment schedule:20,000 down, balance due upon completion The client will advise Solid Ground of any known or suspected contaminates,dangerous conditions and subsurface(or otherwiseconcealed physical conditions of the project site that differ materially from those readily visible or apparent on the surface at the project site. The client shall be solely responsible for all subsurface soil and other conditions. The Client will obtain all necessary development approvals from authorities and private parties with jurisdiction or control over the project. Solid Ground will obtain all necessary building permits: Billings: Client will be billed monthly unless otherwise stated. Payment is due within 5 days of billing. Billing will identify work performed to date,the total estimated contract price,the amount paid to date, and the amount now due. Billings will include the actual charges by Solid Ground,its subcontractors, and material providers for equipment,materials,supplies,permits and services provided as part of the landscaping work,plus Solid Ground's contractor fee as stated in pricing description. Liability Insurance:. Solid Ground'carries a policy of general liability insurance in the amount of two million dollars($2,000,000.00). A. Landscaping warranty: all plants and trees are guaranteed for a period of 12 months from date of job completion. B. Irrigation and ornamental water feature warranty: All materials are guaranteed for 24 months • from date of installation,and workmanship is guaranteed for 12 months from date of installation. C. Subcontractor warranties: Work performed by subcontractors,is not warranted by Solid Ground but is subject to warranties provided by subcontractors. D. Conditions:`Warranties shall not apply to damages or defects as a result of ordinary wear and tear,accident,natural disaster,damage by animals,and damage by improper care,or negligent acts of others. Solid Ground Landscape Inc. By: Date: Solid Ground Landscape Inc is licensed(LCB 7978)and bonded with the Oregon State Landscape Contractors Board. The current address and phone number of the board is 2111 Front Street NE,Suite 2- 101,Salem,Or,97301. Tel:503-378-5909 CONTRACT (only if signed by Solid Ground and Client) This proposal will become a contract only if signed and dated by Solid Ground and the Client. If executed,the contract will consist of the proposal,the following miscellaneous contract provisions,and any documents marked as exhibits to this agreement. Miscellaneous Contract Provisions 1. No assignment. Neither party may assign any rights or delegate and duties under this Agreement without the prior written permission of the other party,which may be withheld without cause at its sole discretion. 2 • • 2. Law and Venue. Any legal action or proceeding concerning this Agreement shall be held in Jackson County,Oregon. This Agreement shall be interpreted and enforced according to the laws of the State of Oregon. 3. Modification. No modification of this Agreement shall be valid unless it is in writing and is signed by all of the parties. 4. Severability. The invalidity of anyterm or provision of this Agreement shall not affect the validity of any other provision. 5. Waiver. Waiver by any party of strict performance of any provision of this Agreement shall not be a waiver of or prejudice any party's right to require strict performance of the same provision on the future or of any other provision. 6. Mediation and Arbitration. The parties shall first attempt to settle any unresolved controversy concerning this Agreement by conducted by the Landscape Contractors Board(LCB). If the LCB decides not to mediate the dispute,then the patties shall promptly mediate under the terms and conditions of ORS 36.185 to 36.210 using the Portland Arbitration Service. In any event(be, it LCB or private mediation),the mediation shall be subject to the confidentiality provisions of ORS 36.180 to 36.228 as amended. If the parties are not able to resolve the controversy through mediation,then the controversy shall be resolved though binding arbitration by the Arbitration Service of Portland. There will be one arbitrator. The costs of the arbitrator and the arbitration service shall be shared equally by the parties. The results of the arbitration shall be binding as provided by Oregon law,and judgment on the award rendered by the arbitrator shall be entered in the circuit court of Jackson County. The arbitrator shall have the authority to issue preliminary and equitable relief,as well as the authority to award any other remedy or relief that an Oregon court could order or grant. Notwithstanding,a party may,without any inconsistency with this Agreement,seek from a court any interim or provisional relief that may be necessary to protect the right of property of that party.pending the establishment of any mediation or arbitration(or pending the arbitrator's determination of the merits of the dispute, controversy or claim). 7. Binding effect. Subject to restrictions in this Agreement upon assignment,this Agreement shall be binding on and inure the benefit of the heirs,legal representatives,successors,and assign of the parties. 8. Integration. This Agreement is the entire agreement of the parties. There are no promises, terms,conditions,or obligations other than those contained in this Agreement. This Agreement shall supersede all prior communications,representations,and agreements,oral or written,of the parties. • Solid Ground Landscape Inc. By: Date: • Client By: Date: • • yya .,re, 0 • . i Japanese Garden Specialty,LLC • • J • Japanese Garden Design,Maintenance ' &Construction Management ` .,rr , • iii • • PROPOSAL/Additional Works April 7,2022 Michael Black Director of Ashland Parks and Recreation Commission 340 S Pioneer Street Ashland,Oregon 97520 ' Project Name: Ashland Japanese GardenProject • Project Location: Ashland Lithia Park Japanese Garden Windburn Way,Ashland Oregon 97520 i • Proposed Additional Work: .4 Security caniera post installations • 9' to 12'Hight and support posts install concreate • base with conduit from ticket house to each post r Proposal Amount: $14,694:75 Descriptions: Post#1 Tea'Garden area . Security camera post install by concrete base and • . 4x4 support posts attached 12'hight 4x4 post install . • with cedar board's cover • Total 198' 3/"conduit set up ' ' ' • k • Post 1/2 by Main Gate area tl . Same as#1 security camera post install total 105' 3/4"electric conduit installs • Post#3 outside of Sand and stone garden • Same structure I setting of#1 and.#2 security camera post Total 265' 3/4"conduit under concreate sidewalk Post#4 by the south garden gate area - . ,- 12'hight security camera post set and total 375' 3/4" • conduit install . • Each post has soler post top lantern install . Not install all camera and wire systems ' . P.O. • Box 19403,Portland,OR'97280 u E-mail:jgardens@xnail,com • • R I • r • Total Proposal Amount: $14,694.75 include materials and labors • Additional work to be performed under same condition in original contract unless ' Otherwise stipulated. We propose hereby to furnish material and labor. Complete in accordance with these specifications at above stated price. Respectfully submitted by Japanese Garden Specialty,LLC. And Ashland Park and Recreation Commission Acceptance,of additional work The above price,specifications and conditions,are satisfactory and are hereby accepted, You are authorized to do.the work as specified.Payment will be made as above. • Owner's Acceptance Signature date Japanese Garden Specialty,LLC. • 13635 SW all Blvd Tigard, OR 97223. OLCB#8277 • _ P • • • • • • • • 4 Security camera post and conduit installation proposal page 2 • • • • y . d • ,..:'- 0Cf64241, 61e4*PS--\'Vli)'' ' 1 ;7 c664 . ,-: ►. /. . 2. 0 1„12. . • 14-•gi-ia rfro3f 74:;<6"Alto—riP • , . • ./-*-#" I i • - 4- .......„ , ,,,:41 . , . L.........„..._„.. ,......... kpoop 00,,a4u14, . • it P it i ..-----.........,:?. 4,,, 1 :_.'...�w�-.,.».. _.__..._....:.. :..tee !. 0 71. kt-Werawedic;) 1 J • , 30 / 3/" . . , . . ... a41-t-to&C: • t , . . 1 • • • .t.4yanese Garden Specialty,LIC ' P.O,Box 19403 Portland,OR 97260 • Council. Business Meeting to �� o e . Agenda Item Adoption of Resolution No. 2020 19 Exemption from Competitive Bidding . Requirements for contract to Jap. ,- -. _ e-_ e From Michael A. Black, AICP APRC Director Contact Michael.Black@ashland.or.us SUMMARY Resolution No. 2020-19 is requesting approval of an Exemption of a Public Improvement Contract for the Japanese Garden Redesign Project This project is being funded by a grant through the Ashland Parks Foundation.Due to the artistic and specialized nature of landscape design of a traditional Japanese Garden, staff is requesting an exemption to the competitive bidding requirements to award this public improvement contract. POLICIES,PLANS& GOALS SUPPORTED APRC Commission Goals 2019-21 Biennium Goal 17: Continue to be part of the solution for realizing an Authentic Japanese Garden in Lithia Park and securing a large donation to accommodate the building and long-term maintenance of the garden PREVIOUS COUNCIL ACTION The Japanese Garden,Landscape project was approved in the 2019-21 Biennial budget process as a CIP (Capital Improvement Project) for the Parks and Recreation Department. The Ashland Parks and Recreation Commissioners (APRC) approved the design of the Japanese Garden (January 2019)The design was amended to incorporate the 100-year old Douglas fir trees into the design and was approved by the Commission on October 28, 2019. At the September 23, 2020 Special Business Meeting, the APRC approved the contact for the Japanese Garden construction be awarded to Japanese Garden Specialty, LLC. and that the contract should be presented to the City Council for approval. BACKGROUND AND ADDITIONAL INFORMATION Ashland Parks Foundation(APF)received a donation of$1,380,000 million dollars from local resident Jeff Mangin and the Marchal family in 2018 to redesign the Japanese Garden in Lithia Park. The Foundation, in return,-is granting those funds and the design of the garden, which has already been approved by the Parks Commissioners, to APRC to redesign and reconstruct the current Japanese Garden. APF hired landscape designer Toru Tanaka of Japanese Garden Specialty, LLC to design a new authentic Japanese Garden. Tanaka was trained in Japan and was the Director of Portland's Japanese Garden. Very few qualified designers/contractors exist that specialize in this area of expertise. In fact, the APF engaged the two prominent: Japanese Garden Designers in the northwest(Tom Tanaka and Hoichi Korisu) to participate in a design competition prior to selecting-a designer. Toru Tanaka won that design competition based on the conceptual plan that he produced for the APF. The Ashland Parks Foundationas the grantor of this project hiredthe designer and is requiring that Japanese Garden Specialty, LLC. be the contractor to ensure that cultural sensitivities and accuracies are carried from the design to the construction. . The current Japanese style garden in Lithia Park was evaluated during the Lithia Park Master Plan Process. During design week in.June 2018, it was determined that the garden could potentially be redesigned andeven expanded without negatively affecting the adjoining park spaces. A few of the core garden needs identified in the project include creating a truly authentic Japanese Garden that is respectful of the history and culture of this unique garden form and making the garden ADA accessible.' I' . : . .Page 1 of 3 CITY. OF ASHLAND Ashland Parks and Recreation staff and the Ashland Parks Foundations,held two public information/workshops on August 1 and August 9, 2018, to engage the public about the Japanese Garden redesign. The Japanese Garden plans were originally approved in January of 2019. Soon after the approval,which included the removal of two 100-year old Douglas fir trees, the plans for the garden were put on hold by the donor and the Parks Foundation who were funding the project. The plan was amended to incorporate the 100-year old Douglas fir trees into the design and the plans for the bamboo garden have been scrapped. The amended plan was approved by the Commission on October 28, 2019,with the following conditions; 1. All twelve of the Douglas fir trees in the "Boy Scout Grove" shall be retained, including the two within the boundary of the proposed Japanese Garden. a. Condition Satisfied.All the trees in the Douglas Fir Boy Scout Grove are being preserved. 2. A special tree protection plan shall be created to protect the entire Doug fir grove. a. Construction and any other work within the drip line of the Douglas fir Boy Scout Grove would only occur as recommended by certified arborists with the goal of maximizing protection for these trees above and below ground. b. The exception to the above being that the area within the drip line south of the existing east west sidewalk by the Douglas fir trees may require root disturbance to gain ADA access and other reasons. It is understood that work in this area would include supervision by certified arborists but reasonable measures to allow Garden construction and planting work would be allowed. c. Condition Satisfied. Two certified arborists and Kerry KenCaim, a local landscape architect, created a tree • protection plan that satisfies this condition of approval. The tree protection plan can be found on page T2.0 in the construction plan set. 3. The"Bamboo Forest" area near the Douglas fir trees from the original plan'shall be.eliminated from the approved Japanese Garden plan. a. Condition Satisfied. The proposed"Bamboo Forest"has been eliminated from the plan. 4. A comprehensive tree protection plan will be implemented by the Ashland Parks Arborist for the area outside of the proposed garden for areas adjacent to, or with potential impact from the proposed construction project. a. Condition Satisfied. The same team that created the plan in item 2, above,has created the comprehensive tree protection plan. 5. The construction of the project is being funded completely by the APF and any contributions from Ashland Parks and Recreation will be through in-kind labor,project managementand equipment usage. a. Condition Satisfied. The grant from the Ashland Parks Foundation will cover all material and construction costs, except for specific in-kind contributions. See attached MOU between Ashland Parks Foundation and Ashland Parks and Recreation. 6. Staff shall work with APF and the donor to secure a contract for a ten-year period for a monetary maintenance contribution of up to $60,000 per year. • a. Condition Satisfied. The donor has agreed to the ten-year contribution to be administered by the Ashland Parks Foundation. See attached Donation Agreement for the Maintenance of the Japanese Garden APRC has presented the Japanese Garden design to the Tree Commission,Historic Commission, Community Development, and Public Works. Climate Energy and Action Plan (CEAP) considerations—This project is a landscape project and•hasminimal long- term environmental impacts. The design does not include the use natural gas or fossil fuels. This project is as water efficient as possible while maintain the authenticity of a traditional Japanese Garden and will make upgrades to the aging irrigation system. Recycled materials will be used when possible including wood and boulders. Paget of CITY OF ASHLAND • FISCAL IMPACTS The total for this project is $1,380,000, which includes the current bid from the contractor of$1,278,985.00,plus $100,000, which is being added for the deck at the pond($75,000) and a small contingency. This project is being funded in total by a grant from APF and APRC will only be contributing to the project through in-kind donations, including arborist work, excavation and demolition work and limited general labor. The Foundation is granting. APRC up to $1,380,000 of expenses related to the design and renovation. The grant of$1,380,000 is enough to cover the cost of the renovation. APRC staff will offer support to the construction with in-kind matches associated with some onsite construction and the use of some of APRC's equipment. Budget overages in the project that cannot be covered by the grant from APF may require modification to the plan and/or phasing of the project. In addition to the cost of the construction,APRC will also be concerned with the increased cost of maintenance for the enhanced garden. Currently,the cost of maintenance and materials for the garden is estimated at$20,000 per - year. APRC has budgeted to cover those expenses and will continue to do so as part of Lithia Park maintenance. It is anticipated that the cost of maintenance of the garden will increase almost four times, making the new expense for the garden between$70,000 and$80,000 per year. The Donor and the Ashland Parks Foundation agree to enter into an agreement to pay up to $1,380,000 for the construction of the Japanese Garden and up to $60,000 per year for a period of ten years toward regular maintenance costs of the Japanese Garden. In summary, expenses are expected to increase immediately upon the opening of the new Japanese Garden. Those expenses could grow from$20,000 per year to approximately$75,000 per year. With an annual donation of$60,000 per year for ten years from the Foundation,coupled with the $20,000 per year from the APRC budget. Staff is comfortable that the increase in maintenance will not cause an undue hardship on the budget. STAFF RECOMMENDATION The Japanese Garden has been reconstructed several times over the 100 years since it was installed. There was a major reconstruction in the 1950s and then again in the 1980s. One of the challenges with maintaining a living landscape is that it will always need regeneration after a time. The Japanese Garden is at a point when regeneration, or reconstruction, is necessary in order to maintain the aesthetic that so many people enjoy. The fact that we can regenerate the garden without public funds, and that we have secured what amounts to a$600,000 maintenance endowment over ten years, is why we are so excited about moving this project forward at this point. The garden needs work to maintain its aesthetic. It also requires an accomplished designer who is qualified in both the physical and cultural requirement to design and build an authentic Japanese Garden. We have been granted a gracious gift to not only maintain but expand the garden's aesthetic and we are excited to move this project forward. This project will also employ several local contractors and theiremployees for up to two years. Staff recommends the adoption of Resolution No. 2020-19 which grants an Exemption from the competitive bidding process for the Japanese Garden Project. ACTIONS, OPTIONS &POTENTIAL MOTIONS . 1) I move approval of Resolution No. 2020-19 that the City Council, acting as local contract review board, approve this exemption to a public improvement contract and awarding the contract to Japanese Garden Specialty LLC. REFERENCES &ATTACHMENTS Attachment 1: Resolution No. 2020-19 with draft written finding of fact for the Exemption of the competitive bidding process for public improvement project. Attachment 2: Public Improvement Contract . Attachment 3: MOU Ashland Parks Foundation for funding of Japanese Garden Project Attachment 4: MOU Ashland Parks Foundation for Japanese Garden Maintenance Page 3 of 3 CITY OF ASHLAND 1 RESOLUTION NO. 2020-19 2 A RESOLUTION APPROVING CERTAIN FINDINGS AND EXEMPTING A PUBLIC 3 IMPROVEMENT CONTRACT FOR THE JAPANESE GARDEN PROJECT FROM THE 4 COMPETITIVE BIDDING REQUIREMENTS OF ORS 279C.335 5 RECITALS: 6 A. Pursuant to Ashland Municipal Code 2.50.040.F, the City Council of the City of Ashland 7 (City) acts as the local contract review board for the City, and in that capacity, has the authority to exempt a public improvement contract or a class of public improvement contracts from the 8 competitive bidding requirements of ORS S 279C.335(1) after approving certain findings as set 9 forth in 279C.335(2). 10 B. Before a local contract review board may approve the findings required by ORS 279C.335(2) 11 and grant an exemption from the competitive bidding requirements of ORS 279C.335(1), a 12 public hearing must be held, and notification of the public hearing must be published in at least one (1)trade newspaper of general statewide circulation a minimum of 14 days before the 13 hearing. 14 C. A public hearing on the City's request for an exemption from the competitive bidding 15 requirements of ORS 279C.335(1) for the public improvement contract for the Japanese Garden. 16 Project was held on October 20, 2020. . 17 D. Notification of the.public hearing was published in the Daily Journal of Commerce a 18 minimum of 14 days before the public hearing as required by ORS 279C.335(5). 19 NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, 20 RESOLVES AS FOLLOWS: 21 SECTION 1. The City Council, acting as the local contract review board, hereby approves the 22 findings submitted by the City and set forth in"Exhibit A"which is attached hereto and fully incorporated herein. . 23 24 SECTION 2. Based upon the approved findings set forth in"Exhibit A", the City Council, acting as the local contract review board, hereby exempts the public improvement contract for 25 the construction of the.Japanese Garden Project from the competitive bidding requirement of. 26 279C.335(1). 27 /// 28 /// 29 30 /// RESOLUTION NO. 2020-19 Page 1 of 2 1 SECTION 3. This resolution is effective upon adoption. 2 . 3 ADOPTED by the City Council this day of , 2020. 4 5 ATTEST: 6 7 . 8 Melissa Huhtala, City Recorder 9 10 SIGNED and APPROVED this day of , 2020. 11 . 12 13 John Stromberg, Mayor 14 15 . 16 Reviewed as to form: 17 . 18 . 19 Katrina L. Brown, Assistant City Attorney 20 21 . 22 23 . 24 . 25 26 27 . 28 29 • 30 RESOLUTION NO. 2020-19 Page 2 of 2 • .. EXHIBIT A FINDINGS OF FACTS SUPPORTING AN EXEMPTION FROM THE COMPETITIVE BIDDING REQUIREMENTS FOR THE ASHLAND PARKS AND RECREATION COMMISSION JAPANESE GARDEN RENOVATION PROJECT I. The following findings in support of an exemption from the competitive bidding requirements are submitted to the local contract review board for consideration: (a) The exemption is unlikely to encourage favoritism in awarding public improvement contracts or substantially diminish competition for public improvement contracts. This project meets the criterion. Exempting the Japanese Garden contract will not encourage favoritism, due to the specialized nature and cultural importance of an authentic Japanese Garden. Very few qualified designers/contractors exist that specialize in this area of expertise. In fact, the Ashland Parks Foundation engaged the two most prominent Japanese Garden Designers.in the northwest(Toru Tanaka and Hoichi Korisu) to participate in a design competition prior to selecting a designer. Tom Tanaka won that design competition based on the conceptual plan that he produced for the APF. The Ashland Parks Foundation(APF), as the grantor of this project, hired the designer and is • requiring that Japanese Garden, LLC be the contractor to ensure that cultural sensitivities and accuracies are carried forward from the design through construction. (b) Awarding a public improvement contract under the exemption will likely result in.substantial cost savings and other substantial benefits to the contracting agency or the state agency that seeks the exemption. In approving a finding under 279C.335(2)(b),the local contract review board shall considerthe type, cost and amount of the contract and, to the extent applicable to the particular public improvement contract or class of public improvement contracts, the following: (A)How many persons are available to bid: Authentic Japanese Gardens, including their design and construction is a specialty, and as such,there are a limited number of qualified persons to bid on this type of project. As stated above, both of the qualified Japanese Garden designers in the northwest were engaged for this project, and Toni Tanaka was selected by the APF. • (B) The construction budget and projected operating costs for the completed public improvement: The total for this public improvement contract is $1,380,000, which includes the current bid from the proposed contractor of$1,278,985.00. This project is being funded in total by the grant from APF, and APRC will only be contributing to the project through in-kind donations, including arborist work, excavation and Page 1 of 4: Exhibit A to Resolution No.2020-19 . . . . r demolition work and limited general labor.,Budget overages in the project that cannot be covered by the grant from APF may require,modification to the plan and/or phasing of the project. In addition to the cost of the construction, APRC will also be concerned with the increased cost of maintenance for the enhanced garden. Currently,the cost of maintenance and materialsfor the garden is estimated at$20,000 per year. APRC has budgeted to cover those expenses and will continue to do so as part of Lithia Park's expenses. It is anticipated that the cost of maintenance of the garden will increase almost four times, making the new expense for the garden between$70,000 and $80,000 per year. The donor agrees to enter into an agreement to pay up to $60,000 per year for a period of ten years toward regular maintenance costs of the Japanese Garden. In summary, expenses are expected to increase immediately upon the opening of the new Japanese Garden. Those expenses could grow from$20,000 per year to approximately $75,000 per year. With an annual donation of$60,000 per year for ten years from the Foundation, coupled with the $20,000 per year from the APRC budget. Staffis comfortable that the increase in maintenance will not cause an undue hardship on the budget. (C) Public Benefits that may result from granting the exemption: The guiding principles of this project is to create an authentic Japanese Garden that is respectful of and. accurate as to Japanese history and culture. Improvements include ADA accessibility; cultural authenticity, and improvements to the garden design and experience. (D)Whether value engineering techniques may decrease the costs of the public improvement: N/A • (E) The costs and availability of specialized expertise that is necessary for the public improvement: As stated above, authentic Japanese gardens, including their design and construction, are a very specialized form of garden. As such, there are a very limited number of qualified persons(to bid on this type of project. (F) Any likely increases to public safety: Improving aging stone walkways will improve trip hazards. (G)Whether granting the exemption may reduce risk to the contracting agency,the state agency, or the public that are related to the public improvement: N/A Page 2 of 4: Exhibit A to Resolution.No.2020-19. . -4 (H) Whether granting the exemption will affect the sources of funding for the public improvement: The granting agency,APF, is directing that the City use Japanese Garden Specialty, LLC for the construction of this project. If this contractor is not able to be utilized, funding for the construction of this project will not be available. (I) Whethergranting the exemption will better enable the contracting agency to control the impact that market conditions may have on the cost of and time necessary to complete the public improvement: N/A (J) Whether granting the exemption will better enable the contracting agency to address the size and technical complexity of the public improvement: N/A (K) Whether the public improvement involves new construction or renovates or• remodels an existing structure: This project is a landscape renovation of the existing Japanese Garden in Lithia Park. This improvement project will expand the existing garden area by approximately 700 square feet while preserving historic elements. (L) Whether the public improvement will be occupied or unoccupied during construction: The Japanese Garden will be unoccupied and unavailable for public. use during construction. A limited area of Lithia Park will be closed for use during construction. This area is limited to the current Japanese Garden and the immediately surrounding areas. (M) Whether the public improvement will require a single phase of construction or multiple phases of construction work to address the specific project conditions: This project is a single-phase project to end by December 31, 2022. (N) Whether the contracting agency or state agency has, or has retained under contract and will use contacting agency or state agency personnel, consultants and legal counsel that have the necessary expertise and substantial experience in alternative contracting methods to assist in the developing the alternate contacting method,that the agency or state agency will use to award the public improvement contract and to help negotiate, administer and enforce the terms of the public improvement contract: The City of Ashland Legal Department staff has extensive contracting experience and is assisting in developing this alternative contact. Legal counsel, along with APRC staff, will help negotiate, administer, and enforce the terms of the resulting public improvement contact. The process for which approval is sought was also recommended by other jurisdictions when a project does not fit into the traditional competitive design/bid/build process for public improvements. Page 3 of 4: Exhibit A to Resolution No.2020-19 • • II. Conclusion (a) Favoritism: Exemption the public improvement contract for the Japanese Garden from the competitive bidding requirements of ORS 279C.335(1) will not encourage favoritism, due to the specialized nature and cultural importance of an authentic Japanese Garden. Very few qualified designers/contractors exist that specialize in this area of expertise. In fact, the APF engaged the two prominent Japanese Garden Designers in the northwest (Toru Tanaka and Hoichi Korisu) to participate in a design competition prior to selecting a designer. Toru Tanaka won that design competition based on the conceptual plan that • he produced for the APF. (b) Cost Savings: The Ashland Parks Foundation as the grantor of this project hired the designer and is requiring that Japanese Garden, LLC,be the contractor to ensure that cultural sensitivities and accuracies are carried from the design to the construction. This project is being grant funded by Ashland Parks Foundation. APRC will only be contributing to the project through in-kind donations, including arborist work, excavation and demolition work and limited general labor. Budget overages in the project that cannot be covered by the grant from APF may require modification to the plan and/or phasing of the project. In addition to the cost of the construction, APRC will also be concerned with the increased cost of maintenance for the enhanced garden.APF is granting an annual donation of$60,000 per year for ten(10)years from the Foundation, coupled with the $20,000 per year from the APRC budget. Staff is comfortable that the increase in maintenance will not cause an undue hardship on the budget. An exemption from competitive bidding requirements is appropriate under the facts set forth above. • • Page 4 of 4: Exhibit A to Resolution No.2020-19 4, . . .. .. Council Business Meeting , ' -------'--\\ July 19, 2022 Agenda er( Contract Amendment to J nese Garden Specialty LLC. ,..--- ----Th From \`.__. Michael A. B , APRC Director Contact ' Michael.Black@ashland.or.us SUMMARY Council approved Resolution No. 2020-19 for the approval of an Exemption of a Public Improvement Contract for the Japanese Garden Redesign Project on October 20,2020 and awarded the contract to Japanese Garden Specialty LLC. An amendment to the contract is being requested.for$317,669.00 (25%)for project additions of fencing,decorative posts, garden deck installation,landscape lighting,welcome booth and other ancillary materials associated with those,improvements. This project is being funded by a grant through the Ashland Parks Foundation: The garden is expected to be open in 2022 and these contract amendments area necessary to ensure the garden will be open and functional on time. The geneses of these changes are material cost related and represent the addition of some items that were not previously included in the original plan and are being made possible by generous gifts from donors. Without these donations,this project would not be possible. The Parks Commissioners have approved the context of the plan and the City Council is reviewing the contract for compliance with the following regulations. This contract is an Exemption from Competitive bidding therefore any amendments requires Council approval per OAR 137- 049-0910(4) " Amendments may be made only.when: (4)(c)In the case of a Contract obtained under an Alternative Contracting Method, any additional Work was specified or reasonably implied within the fmdings supporting the competitive bidding exemption POLICIES,PLANS &GOALS SUPPORTED • APRC Commission Goals 2019-21 Biennium -- - Goal 17: Continue to be part of the solution for realizing an Authentic Japanese Garden in Lithia Park and securing a large donation to accommodate the building and long-term maintenance of the garden PREVIOUS COUNCIL ACTION Council approved Resolution No.2020-19 for the approval of an Exemption of a Public Improvement Contract for the Japanese Garden Redesign Project on October 20, 2020. The Japanese Garden Landscape project was approved in.the 2019-21 Biennial budget process as a CIP (Capital Improvement Project)for Parks. The Ashland Parks and Recreation Commissioners(APRC) approved the design of the Japanese Garden(January 2019).The design was amended to incorporate the 100-year old Douglas fir trees into the design and was approved by the Commission on October 28,2019. At the September 23,2020 Special Business Meeting the APRC approved the contact for the Japanese Garden construction be • awarded to Japanese Garden Specialty,LLC. and that the contract should be presented to the City Council for approval. Page 1 of l CITY OF ASHLAND • • 41 • BACKGROUND AND ADDITIONAL INFORMATION Ashland Parks Foundation(APF)received a donation of$1,380,000 million dollars from local resident Jeff Mangin and the Marechal family in 2018 to redesign the Japanese Garden in Lithia Park. The Foundation,in return,is granting those funds and the design of the garden,which has already been approved by the Parks Commissioners,to APRC to redesign and reconstruct the current Japanese Garden.APF will be increasing the donation for this project to include the project additions. Construction for the Japanese Garden Redesign began in November of 2020 and is currently eighty percent finished with completing anticipated in the Fall of 2022.At the time of the original contract date,there were two items that were still uncertain. This contract amendment will add the following necessary elements to the contract: 1. Four decorative posts with Solar Lanterns— $14,694.75 2. Garden Installation and Materials- $86,148.00 3. Project Perimeter Temporary Fencing- $23,826.25 4. Welcome Booth Materials and Construction- $43,000.00 5. Copper Roofmg for Gates and Welcome Booth- $25,000.00 6. Contingency- $25,000.00 7. Lighting- $100,000.00 TOTAL $317,669.00 All funding associated with the original contract and the funds required for the increased in the contract scope are provided by donations and grants. The largest donors being Jeffrey Mangin and the Marechal Family. Another set of donors have agreed to add$100,000 to afford the addition of landscape lighting in the garden. There is no increase in financial requirements from APRC or the City of Ashland as a result of this contract amendment. These items represent changes to the contact that are required or desirable for the aesthetic and functionality of the garden. The Ashland Parks and Recreation Commissioners are grateful to the donors who are making this improvement to the garden possible. FISCAL IMPACTS The original project cost for the project was $1,380,000,which included the original contract with Japanese Garden Specialties, LLC for$1,278,985.00 and various other costs for incidental materials and supplies. The additional project items total $317,669 which brings the contract total to $1,596,654.00 and the project total to$1,697,669.00. This project is being funded in total by a grant from APF and APRC will only be contributing to the project through in-kind donations,including arborist work, excavation and demolition work and limited general labor. The Foundation is increasing the grant to cover the additional project costs. APRC staff will offer support to the construction with in-kind matches associated with some onsite construction and the use of some of APRC's equipment. The primary donor has also agreed to provide up to$60,000 per year for ten years for the maintenance of the garden. During the ten-year period,APRC and an Ashland Japanese Garden Committee will be dedicated to the fund-raising and programmatic elements of the garden to work toward achieving financial self-sufficiency. In other words,we will be working toward a goal of a positive ROI and the donor has generously granted the garden up to ten-years in maintenance costs while we work to achieve that goal. ADDITIONAL BACKGROUND Page 1ofl CITY OF -AS H LA N D • 4 APF hired Landscape designer Toru Tanaka of Japanese Garden Specialty,LLC to design a new authentic Japanese Garden. Tanaka was trained in Japan and was the Director of Portland's Japanese Garden.Very few qualified designers/contractors exist that specialize in this area of expertise.In fact,the APF engaged the two prominent Japanese Garden Designers in the northwest(Toni Tanaka and Hoichi Korisu)to participate in a design competition prior to selecting a designer. Toru Tanaka won that design competition based on the conceptual plan that he produced for the APF. The Ashland Parks Foundation as the grantor of this project hired the designer and is requiring that Japanese Garden Specialty,LLC. be the contractor to ensure that cultural sensitivities and accuracies are carried from the design to the construction. The current Japanese style garden in Lithia Park was evaluated during the Lithia Park Master Plan Process.During design week in June 2018, it was determined that the garden could potentially be redesigned and even expanded without negatively affecting the adjoining park spaces.A few of the core garden needs identified in the project include creating a truly authentic Japanese Garden that is respectful of the history and culture of this unique garden form and making the garden ADA accessible. Ashland Parks and Recreation staff and the Ashland Parks Foundations held two public information/workshops on August 1 and August 9,2018,to engage the public about the Japanese Garden redesign. The Japanese Garden plans were originally approved in January of 2019. Soon after the approval,which included the removal of two 100-year old Douglas fir trees,the plans for the garden were put on hold by the donor and the Parks Foundation who were funding the project. The plan was amended to incorporate the 100-year old Douglas fir trees into the design and the plans for the bamboo garden have been scrapped. The amended plan was approved by the Commission on October 28,2019 APRC has presented the Japanese Garden design to the Tree Commission,Historic Commission, Community Development, and Public Works. CEAP—This project is a landscape project and has minimal long-term environmental impacts. The design does not include the use natural gas or fossil fuels. This project is as water efficient as possible while maintain the authenticity of a.traditional Japanese Garden and will make upgrades to the aging irrigation system.Recycled materials will be used when possible including wood and.boulders. STAFF RECOMMENDATION The Japanese Garden has been reconstructed several times over the 100 years since it was installed. There was a major reconstruction in the 1950s and then again in the 1980s. One of the challenges with maintaining a living landscape is that it will always need regeneration after a time.The Japanese Garden is at a point_when regeneration, or reconstruction,is necessary_in__ order to maintain the aesthetic that so many people enjoy. The fact that we can regenerate the garden without public funds, and that we have secured what amounts to a$600,000 maintenance endowment over ten years,is why we are so excited about moving this project forward at this point. ' The garden needs work to maintain its aesthetic. It also requires an accomplished designer who is qualified in both the physical and cultural requirement to design and build an authentic Japanese Garden.We have been granted a gracious gift to not only maintain but expand the garden's aesthetic and we are excited to move this project forward. This project will also employ several local contractors and their employees for up to two years. Staff recommends the approval of the change order to increase the Japanese Garden project by$317,669.00 ACTIONS,OPTIONS &POTENTIAL MOTIONS 1.) I move approval of the change order to increase the Japanese Garden project contract with Japanese Garden Specialty, LLC by$317,669.00 REFERENCES & ATTACHMENTS ` Attachment 1: Form#10 Page 1 of 1 CITY OF ASHLAND • Attachment 2: Japanese Garden Drawing Attachment 3:Japanese Garden Sans Bamboo • • • Page 1 of t CITY OF ASHLAND