HomeMy WebLinkAbout2023-191 PO 20240166 Amnd #1- Tru North Construction LLC Purchase Order
,a_ ORIft CITY ECOR ER Fiscal Year 2024 Page: 1 of: 1
717HIS PO=Nl3MBTAPRE
ERMUSARON
ALC
Ii _VOICES;AND SEMPPING DDODOIVIENTS -
B City of Ashland • =_ =
L ATTN: Accounts Payable Purchase
L 20 E. Main Order# 20240166
Ashland, OR 97520
T Phone: 541/552-2010
0 Email: payable@ashland.or.us ,J_
V H C/O Public Works Department
E TRU NORTH CONSTRUCTION, LLC I 51 Winburn Way
HV
VY 1130 N COAST HY . P Ashland, OR 97520
O NEWPORT, OR 97365 PhoT Faxne: 488-600647
R O
Vendor Phone Number `JendorFax Nader =tequisition Number _ - = DBiivery2eference
_ _ Scott Fleury
=Date_Ordered= Vendor Number , mate Required= =Freigh�Metho�/Terns = Department/Location
10/20/2023 8104 FOB ASHLAND OR/NET30 City Accounts Payable
= m# _ _ De_scr�ptlo_n artNo = =QTY .[Em _=Exten_ded Price-
Temporary Roof Layer Briscoe
1 Remove existing temporary roof(tarping) and install new silicone 1.0 $52,440.00 $52,440.00
layer to provide temporary roof protection for Briscoe roof through
the winter. Provide call out services as required.
Goods and Services Agreement(Greater than $35,000)
Completion date: 06/30/2024
Project Account: E-201927-999
2 Process�e, ehang order 1/08/2023 1.0 $6,591.06 $6,591.06
is, d� o er`tt 10. 1
Additional roofing aye equired
Project Account: E-201927-999 .
***************GL SUMMARY************* *
088400 -704200 $59,031.06 /
mbBy: 1 Date: - — —_
Authorized Signat a PO Total= $59,031.06
'et/ e--1-
FORM #10 ( ,(� CITY OF
CONTRACT AMENDMENT APPROVAL REQUEST FORM ASHLAND
Request for a Change Order
Name of Supplier 1 Contractor 1 Consultant: Tru-North 3 Total afimount of this,
contract amendment:.
Purchase Order Number:20240166
_:$ 6591.06.:
Title/Description: Briscoe School Temporary Roof
❑■ Per attached contract amendment
Contract Amendment
Original contract amount $52440 100 %of original contract
Total amount of previous contract amendments 0 %of original contract
Amount of this contract amendment 6591.06 %of original contract
TOTAL AMOUNT OF CONTRACT $59031.06 / 112 %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/Attach copy of CC.)
Sourcing Method:
SMALL PROCUREMENT—Not exceeding$5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT,QRF or
❑"YES",the total amount of contract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50
amendments s$6,000. 0 "YES",the total amount of cumulative amendments 0"YES",the total amount of original contract and
❑If"NO",amount exceeding authority requires s 25%of original contract amount or$250,000 cumulative amendments s$100K for Goods&Services,s
Council approval.Attach copy of Council whichever is less. $75K for Personal Services,<$50K for 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. ❑ Exempt—Reason:
❑ "YES",cumulative amendments s$35,000, 0 Exempt—Reason:
❑ If"NO",requires council approval.(Attach CC) -
INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT
Goods&Services->$5,000 and<$100,000 0 "YES",the total amount of cumulative amendments 0 Written Findings:Document the nature of the
Personal Services•>$5,000 and<$75,000 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:
SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT
❑"YES",the total amount of original contract andcumulative amendments are 0 Renewal of Intergovernmental Agreement:Terms modified in accordance with initial
within the amount and terms initially approved by Council as a Special agreement OR cost will not be more than 25%greater than initial agreement.Renewal
Procurement. approved by City Attorney and department head affected by renewal and approved/signed
❑ If"NO",amount exceeding authority requires Council approval. by City Administrator.AMC 2.28.045(B)
Attach copy of Council Communication. 0 If"NO",Council approval is required.Attach copy of Council Communication
Project Number 2 o 1 9 -2 7 Account Number 0 8 8 4 0 o- 7 o 4 2 0 0 Account Number -
"Expenditure must be charged to the appropriate accountnumbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed.
Employee Signature:AvrA.,0 ezn'6 .t4 ent Head Signature: .(i f/ e--/O,24-.?
qua(to or greater than$5,000)
City Manager: Im-lfi/
(Contract and addenda greater than$35,000)
Funds appropriated for current fiscal year: YES /NO
Finance Director(Eq o o reefer than$5,00 Sit � to
Comments: Additional material and labor required for temporary roof due to severe deterioration of existing roof
Form#10—Contract Amendment Approval Request Form, Request for a Change Order,Page 1 of 1,4/23/2020
i
da 71h
L te
AMENDMENT NO. 1
to
GOODS& SERVICES AGREEMENT
between
THE CITY OF ASHLAND,
an Oregon municipal corporation,
("City")
and
Tru-North Construction LLC,
a(company),
("Provider")
for
Temporary Roof Layer Briscoe
RECITALS i
A. The City and Provider previously entered into a Goods and Services Agreement effective October
12,2023 (the"Agreement"),for the(brief description of Goods& Services):
B. The City and Provider now wish to amend the Agreement to increase the amount of compensation
to be paid to Provider.
AGREEMENT
NOW THEREFORE,in consideration of the mutual benefits and obligations set forth
herein, the parties agree as follows:
•
1. Amend Section 2 of the Agreement as follows,with strikeout wording deleted and
underscored wording added:
2.1 City shall pay Provider the stun of$59.031.06 6(fifty-nine thousand thirty-one dollars and.
six cents)$527,140440 as1
p�ovided herein as final compensation for the Work as specified
in the SUPPORTING DOCUMENTS.
2.2 In no event shall Provider's total of all compensation and reimbursement under this
Agreement exceed the sum of$59,031.06 (fifty-nine thousand thirty-one dollars and six
cents) $G0:00 without the express, written approval from the City official whose
signature appears below, or such official's successor in office. Provider expressly
acknowledges that no other person has authority to order or authorize additional Work
which would cause this maximum sum to be exoeeded and that any authorization from
the responsible official must be in writing. Provider further acknowledges that any Work
delivered or expenses incurred without authorization as provided herein is done at
Provider's own risk and as a volunteer without expectation of compensation or
reimbursement,
Page 1 of 2: Amendment No. 1 to Goods&Services Agreement between the City of Ashland and Tru North
Construction LLC
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 TRU NORTH CONSTRUCTION LLC
By: By:
City of Ashland
Printed Name; (,Ari ✓LCiA-
i
Date: II h /23 . - - Title: at,kve.,
Date: 26Orr ig
}
Page 2 of 2: Amendment No. I to Goods&Services Agreement between the City of Ashland and Tru North
Construction LLC
TRU-NORTH
CONSTRUCTION LLC
P:541-2310666
CCB#236084
1130 N Coast hwy Newport, OR 97365
541-231-0686.
City of Ashland
51 Winburn Way
Ahiand OR 97520
Attention Jason Strait
Project: Briscoe School Temporary Roofing
Project Address: 265 N Main St,Ashland OR 97520
Date: 9/7/2023
Scope of Work:
RFC1 -Built up Roofing
Install ice n water shield at unexpected BUR Roof area to ensure good adhesion of GE Silicone
Ice n Water Materials: 40 Rolls®$72.06/Roll=$2,882.40/.85(margin)=$3,391.06
Labor to install Ice n Water: 84 Man Hours @$40.00/hour-$3,200.00
Total RFC1: $6,591.06
Tru-North Construction LLC Terms and Conditions
1. TERMS OF PAYMENT:Unless otherwise specified,terms of payments are net 30 days from invoice date with no retention.Past due
accounts bear interest at 1 '/2%per month,or the maximum amount permitted by law,whichever is the lesser amount.Should Tru-North
place the account with an attorney for collection,customer agrees to pay Tru-North reasonable attorney fees,costs and expenses.
2. BACKCHARGES AND CREDITS:Tru-North shall not be liable for any back charges or obligated to allow credit to customer for any
reason whatsoever,unless agreed in writing and signed by both parties before such costs or expenses are incurred.All applicable taxes
of whatsoever kind will be added to the sales price set forth herein and paid by customer on demand.
3. EXCLUDED WORK:Tru-North shall have no obligation to complete any work not specified herein.
4. ACCEPTANCE OF MATERIALS:Customer shall check all shipments against delivery documents and shall notify Tru-North in writing
within five days of receipt of shipment of any shortage or damaged material and shall furnish to Tru-North freight bills,bills of lading or
delivery tickets with shortages or damages acknowledged by carrier agent's signature,otherwise,the claim shall be disallowed.
5. CHANGE IN DRAWINGS OR SPECIFICATIONS:Customer and/or General Contractor may change the drawings or specifications,but if
any change results in an increase or decrease cost to Tru-North,the price hereof shall be renegotiated.
6. DELAY IN PERFORMANCE OR DELIVERY:Unless specified herein,work shall be completed as agreed upon at a later date in writing
by the parties to this agreement.Tru-North shall not be liable for delays in work,deliveries and/or installation occasioned by
contingencies beyond its control or otherwise including,but not limited to,delays caused by strikes,lockouts,boycotts,fires,floods,
storms,riots or embargoes,or civil disorder.All claims for delay damages are barred and waived unless written notice is given to Tru-
North when the claim arises and written monthly estimates of costs as furnished to Tru-North showing the damages incurred.
Acceptance of materials on delivery shall constitute a waiver of claims for damages due to delay,whether or not excused by the
foregoing.
7. SPECIAL INSPECTIONS:If Customer requires special inspections,it shall be performed at customer's expense.Material and
workmanship,must be inspected and either accepted or rejected upon substantial completion.
8. TERMINATION OF AGREEMENT:Customer's misrepresentation or failure to furnish necessary information or default in making
payments due hereunder or any other default shall entitle Tru-North to cease work,and upon actual notice to customer,cancel the
incomplete portion of this contract;and,in the event of cancellation,customer shall be liable for the reasonable value of all material and
work performed to date of cancellation and for additional damages suffered by Tru-North. Tru-North may also seek against customer
any other available remedy.
9. DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES:Except as otherwise provided,Tru-North warrants only that the goods are as
described in this agreement,but no other expressed warranty is made with respect to the goods.Implied warranties of merchantability
and fitness for any particular purpose are excluded and disclaimed.All warranties which are extended herein shall be for a period of
one year from the date of delivery,and customer's remedy against Tru-North shall be limited to the cost of replacing or correcting
defective or nonconforming goods.
10. LIABILITY AND INDEMNITY:Upon receipt of materials,customer assumes all liability for injury to persons and damage to property
relating to such material and customer agrees to hold harmless Tru-North from any liability,loss,cost,or expense arising out of such
injury or damage.
11. ACCEPTANCE AND APPROVAL:Acceptance hereof shall not be effective until this proposal is signed by an authorized representative
of customer's and delivery to Tru-North office within the"firm price"limitations set forth herein.Should customer make any changes or
additions to the proposal,the agreement shall not be deemed consummated until received and approved in writing by Tru-North.Upon
acceptance by both parties,the proposal shall be deemed to be a binding contract.
12. LITIGATION:In the event of litigation,including appeals and adversary proceedings in United States Bankruptcy Court,the prevailing party shall be
entitled to recover reasonable attorney fees from the other.
13. INSURANCE AND BONDS:Certificate of liability insurance will be provided including additional insured endorsement if required.There will be no
performance bond for this project.If workers compensation insurance waiver of subrogation is required there will be$125 added to this proposal.
14. EXPIRATION:This proposal is effective for 30 days from its date.
We at Tru-North Construction, LLC., appreciate the opportunity to be of service to you.
Tru-North: Date:
Print Name: Lorin Lynch Title: Owner
Authorization To Proceed
Proposal No.
I/We hereby authorize Tru-North Construction, LLC. to proceed with procurement
of materials and installation as outlined in this proposal.
Signature: Date:
Print Name: Title:
Page 2 Tru-North Contractor Proposal Page 2 of 2
7
Memo
TO: Sabrina Cotta, Deputy City Manager
FROM: Jason, Strait, Project Manager
DATE: 10/25/2023
RE: Deputy City Manager Signature Needed for Change Order to Tru-North Construction
Contract
Background: This item is coming to you for signature to incorporate changes needed to install a
functioning temporary roof on the Briscoe School. Under the recently approved contract for the work,
Tru North(contractor) started installation of the temporary roof. Following removal of the blue tarping
which has been used over the past several winters for temporary leak protection, it was discovered that
the quality of the existing roof was inadequate to make use of the proposed silicon sealant system as a
temporary roof. To mitigate the poor condition of the roof, an additional layer of temporary roofing was
installed, which was not part of the originally proposed work. This change order incorporates the
incremental material and labor costs associated with the installation of the additional roofing layer
($6,591.06 cost increase).
Council Action: N/A
Signatures Required:
1. Finance Director on Form 3
2. City Manager on Form 3
3. City Manager on page 2 of amendment
Other Relevant Information:
Picture 1: Blue Tarp (previous temporary roof system) Prior to Removal
Picture 2: Condition of Existing Roof as Discovered After Tarp Removal.
Picture 3: Additional Roof Layer Being Installed
•
CITY ASHLAND
20 East Main Street Tel:541-488-6002
Ashland,Oregon 97520 Fax:541-488-5311
www.ashland.or.us TTY: 800-735-2900
ter'dia-
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Insurance
waived or reduced? Yes. General Liability is at 1 $MM per occurrence and 2 $MM
aggregate while Commercial General Liability is at 2 $MM per project and 5 $MM aggregate. Typical
requirement for the City is $2MM per occurrence. Given the limited work scope and duration(5-6 days)
and in the interest of time with continued leaks and damage occurring at Briscoe, approving the contract
now will enable the commencement of work this weekend.
Who to return to if different from sender? Tami Campos
Are all other signatures required collected? Yes
If no,please collect before sending them to the City Manager.
Are all attachments listed included?Yes
CITY ASHLAND WI
20 Eastst Main Street Tel:541f188-6002Ashland,Oregon 97520 Fax:541-488-5311www.ashland.or.us TTY: 800-735-2900 ,
