HomeMy WebLinkAbout2024-038 PO 20220118 Amnd#1 - Terrain Landscape ArchitectureFORM #10 CONTRACT AMENDMENT APPROVAL REQUEST FORM Request for a Change Order CITY OF ASHLAND Name of Supplier/ Contractor/ Consultant: Terrain Landscape Architecture Total amount of this contract amendment: Purchase Order Number: 20220118 Title 1 DQSCTIptIOn: Design Services East Main Perk $ 195,162.00 ❑■ Per attached contract amendment Contract Amendment Original contract amount Total amount of previous contract amendments Amount of this contract amendment TOTAL AMOUNT OF CONTRACT $107,000.00 100 % of original contract $88,162.00 $195,162.00 % of original contract 82 % of original contract 182 % of original contract In accordance with OAR 137-047-0800:1) The amendment is within the scope of procurement as described in the solicitation documents, Sole Source notice or approval of Special Procurement. 2) The amendment is necessary to comply with a change in law that affects performance of the contract. 3) The amendment results from renegotiation of the terms and conditions, including the contract price, of a contract and the amendment is advantageous to the City of Ashland, subject to all of the following conditions: a) goods and services to be provided under the amended contract are the same as the goods and services to be provided under the unamended contract; b) Th a City determines that, with all things considered, the amended contract is at least as favorable to the City as the unamended contract; c) The amended contract does not have a tota I term greater than allowed in the solicitation document, contract or approval of a Special Procurement. An amendment is not within the scope of the procurement if the City determines that if it had described the changes to be made by the amendment in the procurement documents, it would likely have increased competition 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.) Sourcing Method: SMALL PKUCUKEMENI — Not exceeding 55,00u ❑ "YES', the total amount of contract and cumulative amendments s $6,000. ❑ If "NO', amount exceeding authority requires Council approval. Attach corn of Council Communication. ❑ Exempt —Reason: PERSONAL SERVICES (Direct Appointment) ❑ "YES", cumulative amendments!'. $35,000 Goods & Services - > $5,000 and < $100,000 Personal Services -> $5.000 and <$75.000 ❑ 'YES", the total amount of cumulative amendments s 25%of original contract amount. ❑ If "NO', amount exceeding authority requires Council approval. Attach copy of Council INVITATION TO BID or REQUEST FOR PROPOSAL © "YES", the total amount of cumulative amendments s 26%of original contract amount or $260,000 whichever is less. ❑ If 'NO", amount exceeding authority requires Council approval. Attach copy of Council Communication. ❑ Exempt — Reason: ❑ "YES", the total amount of cumulative amendments s 25%of original contract amount or $250,000 whichever is less. ❑ If 'No", amount exceeding authority requires Council approval. Attach copy of Council Communication. ❑ Exempt —Reason: EXEMPTION PURSUANT TO AMC 2.50 ❑ "YES', the total amount of original contract and cumulative amendments s $100K for Goods & Services, s $75K for Personal Services, < $50K for Attorney Fees. ❑ If "NO", amount exceeding authority requires Council approval. Attach copy of Council Communication. ❑ Exempt —Reason: ❑ Written Findings: Document the nature of the emergency, including necessity and circumstances requiring the contract amendment ❑ Obtain direction and written approval from City Administrator ❑ If applicable, attach copy of Council Communication ❑ Exempt —Reason: SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT ❑ "YES", the total amount of original contract and cumulative amendments are ❑ Renewal of intergovernmental Agreement: Terms modified in accordance with initial within the amount and terms initially approved by Council as a Special agreement OR cost will not be more than 25%greater than initial agreement. Renewal Procurement. approved by City Attorney and department head affected by renewal and approved/signed ❑ If "NO', amount exceeding autlarity requires Council approval. by City Administrator. AMC 2.28.045(B) Attach copy of Council Communication. ❑ If "NO", Council approval is required. Attach copy of Council Communication Project Number o 0_7 4 2 -1 0 o Account Number 1 z 3 0 0 0- 7 0 4 2 o o Account Number_ ____--- *Expenditure must be charged to the appropriate account numbers for the financials to reflect the actuaig . Attache ra pages if needed. Employee Signature: Department Head Sigo or greater than $5,000) City Manager: (Contract and addenda greater than $35,000) Funds appropriated for current fiscal year: YES / NO Finance Director (Equal ro rg1pater than $5,000) Comments: Form #10 — Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 4123/2020 AMENDMENT NO. 1 to PERSONAL SERVICES AGREEMENT between THE CITY OF ASHLAND, an Oregon municipal corporation, and TERRAIN LANDSCAPE ARCHITECTURE, ("Consultant") for DESIGN SERVICES RECITALS A. The City and Consultant previously entered into a Personal Services Agreement effective May 11, 2021 (the "Agreement") with Consultant to provide professional design services from a design team for the East Main Park Development, Project #000742; and B. The City and Consultant wish to amend the Agreement to extend the term of the Agreement; and C. The City and Consultant wish to amend the Agreement to increase the amount of compensation to be paid to Consultant. AGREEMENT NOW THEREFORE, in consideration of the mutual benefits and obligations set forth herein, the parties agree as follows: 1. Amend the Completion Date as follows, with strikeout wording deleted and underscored wording added: COMPLETION DATE: ryafeh ;^,'^" November 30, 2026 2. Amend Section 6 of the Agreement as follows, with strikeout working deleted and underscored wording added: Compensation: City shall pay Consultant the sum of $107,000.00 seven theusand dollars) $195,162.00 (one hundred and ninety-five thousand one hundred and sixty-two dollars) as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of $107,000.00 $195,162.00 (one hundred and ninety-five thousand one hundred and sixty-two dollars) without the express, written approval from the City official whose Page 1 of 2: Amendment No. I to Personal Services Agreement # 20220118 signature appears below, or such official's successor in office. 3. This Amendment No. 1 is effective upon being signed by both parties. 4. 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 By: XW4-- PrintedName: Skpr q- Title: 141L, 7/v► A4 C, I vl M � Date: �// 3/02-1 TERRAIN LANDSCAPE ARC,4kff CTURE NSULTANT) B Printed Name: ah y t a w1 w- Title: �� k Q.���� Date: Z.b Page 2 of 2: Amendment No. 1 to Personal Services Agreement # 20220118 MUTERRAIN LANDSCAPE ARCHITECTURE LANDSCAPE SERVICES ADDENDUM NO. 2, REVISED Date: April 16, 2024 Project: East Main Park Location: Ashland, Oregon 97520 Client: City of Ashland, Parks and Recreation (APR) Contact: Leslie Eldridge, Interim Parks Director Ashland Parks and Recreation Commission 340 South Pioneer Street Ashland, OR 97520 Addendum to Scope of Services: The City of Ashland ("City") and Terrain Landscape Architecture, LLC ("Terrain") are parties to a Personal Services Agreement dated May 11, 2021 (date of execution by the City) in which the City accepted Terrain's proposal dated February 5, 2021 ("Agreement") to perform services on the above -referenced project (the "Project"). Terrain has performed services under the Agreement in furtherance of its proposal, and certain services have been paid for by the City to Terrain in relation to the Project to the City's satisfaction. Acceptance of this Addendum is an acknowledgment of the completion of various services in a satisfactory manner and acceptance of charges from Terrain paid to date. The Scope of Services set forth herein and costs associated therewith represent modifications to the original proposal based upon the following: Item #1 - Additional work associated with the Project unrelated to Terrain's performance due to additional meetings, public outreach/involvement, additional graphic presentations, and other work associated with such additional public input during the Design Development phase of the project. Item #2 - Increased costs due to the passage of time arising from additional input received and other delays which are not the result of any act or omission on the part of Terrain. The adjusted fee schedule reflects higher rates for Terrain personnel during CD and CA phase of the project. Item #3 - The adjusted fee schedule reflects additional fees incurred by the civil engineer due to the passage of time and the need to revisit several aspects of the original plan. Item #4 - The adjusted fee schedule reflects additional fees incurred by the traffic engineer due to the passage of time and the need to revisit several aspects of the original draft Traffic Impact Analysis report. Item #5 - Site Plan Review - The City desires that Terrain perform Site Plan Review services comprised of research, preparation of Findings, preparation of the application, preparation of exhibits, and representation of any meetings and public hearings. Terrain Landscape Architecture 310 Oak Street Suite 3, Ashland, Oregon, 97520 541.500.4776 Terrainarch.com Item #6 - In addition to the foregoing, the City and Terrain entered into a Landscape Services Addendum No. 1 dated June 29, 2022 pursuant to which Terrain was to provide certain Pre -Construction Services as set forth therein. The City and Terrain have subsequently agreed that Outlier Construction Co. is to perform the services contemplated in, Addendum No. 1. Accordingly, the City and Terrain agree a revision in the costs set forth in Addendum 1 as set forth herein. Item #7 - American Ramp Company will provide stamped construction -ready documents of the approved pump track design. Documents to include Demo Plan, Layout Plan, Grading and Drainage Plan, Materials Plan, Sections/Elevation Plan, Construction Details, and Specifications. Item #8 - Structural Engineering - A structural engineer will be providing foundation design for the following elements: • Four structures • Swing set support poles • Tether ball pole • Log scramble structure • Embankment slide structure • Linear tunnel climber • Street and bollard lights • Furnishings - Benches, Picnic tables, Trash receptacles Item #9- Reimbursable Expenses - A not to exceed amount to cover reimbursable expenses, which include printing costs, extra graphics, photography, reproduction, rental or purchase of special equipment and materials, special shipping or delivery, models and renderings, and lodging. BE IT KNOWN that the undersigned parties, for good consideration, agree to the above recitals and to make the changes and/or additions outlined below. The amounts set forth herein represent additional charges beyond those set forth in the Agreement and Addendum. The additions in this Addendum shall be as valid as if part of the Agreement and February 5, 2021 proposal, with the same to be binding on the parties except as modified herein. Terrain Landscape Architecture 310 Oak Street, Suite 3, Ashland, Oregon, 97520 541.500.4776 Terrainarch.com FEE SCHEDULE: ITEM #1 - ADDITIONAL DESIGN DEVELOPMENT FEES $2,750.00 ITEM #2 - ADDITIONAL FEES IN CD AND CA PHASE $5,662.50 ITEM #3 - ADDITIONAL FEES FOR CIVIL ENGINEER $2,854.50 ITEM #4 - ADDITIONAL FEES FOR TRAFFIC ENGINEER $4,820.00 ITEM #5 - SITE PLAN REVIEW FEES $3,150.00 ITEM #6 - COST ESTIMATE REVISION $22,275.00 ITEM #7 - PUMP TRACK CONSTRUCTION DOCUMENTS $37,400.00 ITEM #8 - STRUCTURAL ENGINEERING $8,250.00 ITEM #9 - REIMBURSABLE EXPENSES, NTE $1000.00 TOTAL FEES FOR TERRAIN LANDSCAPE ARCHITECTURE $88,162.00 2023 STANDARD TLA HOURLY RATE SCHEDULE: Principals ............................................ $1 15 Project Designer..................................$105 Draftsperson.......................................$88 REIMBURSABLE EXPENSES Reimbursable expenses are in addition to the above fees. Reimbursable Expenses include printing, graphics, photography, reproduction, rental or purchase of special equipment and materials, long-distance telephone, telex, special shipping or delivery, models and renderings, and lodging. These expenses will be billed at cost plus 10%. Reimbursable expenses for reproduction, photography, telephone, mileage, fax, and correspondence will be billed monthly and accompanied by invoice documentation at cost plus 10%. Terrain Landscape Architecture 310 Oak Street, Suite 3, Ashland, Oregon, 97520 541.500.4776 Terrainarch.com Memo To: Sabrina Cotta, Interim City Manager From: Leslie M. Eldridge, Interim Director of Parks and Recreation Date: April 30, 2024 Re: City Manager Signature Needed for 20220118, Amendment 001 Background: On October 30, 2020, APRC published a Request for Proposals — Qualification Based Selection for professional landscape design services related to the East Main Park development project. On November 30, 2020, four (4) proposals had been received. An evaluation team of six (6) members determined that Terrain Landscape Architecture was the top ranked firm. Terrain Landscape Architecture was awarded contract # 20220118 on September 1, 2021. The purpose of Amendment 001 is to increase the total award amount of 20220118 by $88,162.00, from $107,000.00 to $195,162.00 and extend the delivery date from March 30, 2022 to November 30, 2026. As documented in the attachment, "Landscape Services Addendum No. 2, Revised" dated April 16, 2024, the increase in award is related to the longer than planned lifecycle of the contract in conjunction with feedback and evolving priorities from stakeholders. Council Action: On March 10, 2021, the Ashland Parks and Recreation Commission (APRC) voted unanimously to approve the award to Terrain Landscape Architecture. On March 16, 2021, the Council unanimously approved the contract award to Terrain Landscape Architecture. Other Relevant Information: N/A Insurance waived or reduced? Yes/No No Who to return to if different from sender? N/A CITY OF ASHLAND 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-6002 Fax:541-488-5311 TTY: 800-735-2900 Memo Are all other signatures required collected? Yes/No Yes Are all attachments listed included? Yes/No Yes CITY OF ASHLAND 20 East Main Street Tel: 541-488-6002 Ashland, Oregon 97520 Fax: 541-488-5311 www.ashland.or.us TTY:800-735-2900 ,ai