HomeMy WebLinkAbout2012-138 CONT AMND #1 - JBR Environmental Consultants 1
I
PROFESSIONAL SERVICES CONTRACT
AMENDMENT NO. 1 '
Engineering services contract made on the date specified below in Recital A between
the City and Consultant as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND ENGINEER: JBR Environmental
City Hall Consultants, Inc.
20 E. Main St. Address: 8160 South Highland Drive
Ashland, Oregon 97520 Sandy, UT 84093
541 488-5347 FAX: 541 488-6006 Telephone:541-770-6977 Fax:541-770-7019
Date of this agreement: April 24, 2012 B: RFP Date:
Proposal Date: April 28, 2011
72.3 City Contracting Officer: Michael R. Faught, Director of Public Works
12.4. Project: Wetland Delineation at the Ashland Gun Club Project No. 2009-07
¶6.1. Consultant's Representative: Susan Kolan, Controller
¶8.3. Original Contract Amount: $7,871.00
$8.4. Previous Contract Ammendments: $ 0 I
B. AMENDMENT NO. 1
1. Modification to "Services to be provided"
Add services per attached proposal and cost estimate dated April 20, 2012 and
made a part of this amendment.
2. Modification to "Compensation
A. Add cost of extra work= $3,100.00
B. Adjusted total contract amount= $10,971.00 (39.4% increase)
CONSU A T CITY
BY �1 BY
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(for City use only)
G:1pub-wrksleng109-07 Gun Club EnvironmentaMBR Wetlands Amendment 042412.doc
Jim Olson'
From: Rebekah Brooks [rbrooks @jbrenv.com]
Sent: Friday, April 20, 2012 5:22 PM
To: 'Mike Morrison Jr'; Jim Olson
Cc: Donald Martin
Subject: Gun Club-Wetland Delineation Additional Budget
Mike/Jim,
As requested,this email summarizes the additional budget that is needed for the Wetland Delineation at the Ashland
Gun Club in order to get the report authorized by DSL. The additional budget requirements include the following:
1) Revision of the Wetland Delineation Report, in response to DSL comments.
As authorized by Mike's email on March 13, 2012, $1,500 was requested to respond to DSL comments on the
wetlands delineation report. DSL's comments(3 pages)were provided to you in an email dated, March 12, 2012,
and required revision of maps and response to questions.
2) Site Walk with DSL and Resulting Additional Report Revisions.
As authorized by Jim's email on April 9, 2012, an additional$1,600 was requested to conduct the site walk and
respond to any additional DSL comments on the report resulting from the site walk. (an additional$300 of this total
was for#3 below). This was a separate request than#1, because we were hoping to convince DSL by our response
. to their comments on the report that a site walk was not necessary. However, they found the project "interesting"
and we were unable to convince them otherwise. The site walk included re-staking and taking GIS coordinates on
the wetland boundaries (some stakes had gotten displaced since the delineation was conducted in spring 2011 and
this was required by DSL for the site walk),accompanying DSL on the site walk, and travel from our Medford office.
We are waiting to hearfrom DSL as to whether additional revision to the report is necessary.
3) Coordination with Mr.Jim Miller
DSL requires written permission for an entity to enter a neighboring property to conduct a wetland delineation if it is
to be included in the report. The City has a access agreement with Mr.Jim Miller to conduct activities related to the
Gun Club, but it does not specifically indicate wetland delineation. Therefore,we coordinated with Mr. Miller to
obtain written permission to conduct the delineation on his property. The budget requested for this was$300
(included in total for#2).
Total Additional Budget Requested for the Wetland Delineation: $3,100
Please let me know if you need any additional information.
Have a nice weekend!
Rebekah
1
CITY OF
ASHLAND
Council Communication
May 1 , 2012 Business Meeting
Amendment to Contract with JBR Environmental Consultants for Additional
Work Required on the Wetlands Delineation at the Ashland Gun Club
FROM:
James Olson, Engineering Services Manager, Public Works, olsonj @ashland.or.us
SUMMARY
Last spring JBR Environmental Consultants, Inc. completed a delineation of the wetlands found on the
Ashland Gun Club (AGC) lease area. The report was submitted to the Department of State Lands
(DSL) for review and acceptance. In return, DSL submitted a list of follow-up questions and a request
for a site visit to collect additional soil samples to verify the findings of the report. This additional
work is a result of DSL's additional requirements, site visit, and soil sampling which were
implemented by JBR.
BACKGROUND AND POLICY IMPLICATIONS:
Currently JBR has two contracts with the City for environmental work at the Lithia Springs property,
specifically regarding the AGC. The first is to provide soil and groundwater sampling, testing, and
monitoring as recommended by the Department of Environmental Quality (DEQ) resulting from their
review of a prior ecological assessment report submitted by Brown and Caldwell.
The second contract is to delineate the apparent wetlands in and adjacent to the AGC Lease at the
Lithia Springs property. The Wetlands Delineation report was submitted to DSL and the Army Corp
of Engineers on August 4, 2011. It is DSL's responsibility to review and ultimately approve the
delineation shown in any report. Wetlands cannot be designated except through action by DSL. In
this instance DSL requested additional information including a site visit which was coordinated and
attended by JBR. The site visit was conducted on April 11, 2012 where 20 additional samples were
collected for analysis.
It was JBR's responsibility to attend this visit, assist in soil sampling, coordinate with the AGC,
adjacent neighbors, and the City and to provide additional information as requested by DSL.
FISCAL IMPLICATIONS:
The original contract with JBR was for$7,871. The addition of$3,100 is an increase of 39.4 percent.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the attached contract amendment to the JBR contract. The extra work is
a result of additional requests by DSL and is beyond the control of the City and JBR.
SUGGESTED MOTION:
Pagel oft
�r,
CITY OF
-AS H LAN D
Move to approve a $3,100 amendment to the contract with JBR, for additional work required on the
Wetlands Delineation at the AGC.
ATTACHMENTS:
Contract Amendment
Page 2 of 2
City of Ashland,Oregon- Agendas And Minutes http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=4...
City of Ashland. Oregon / City Council
City Council - Minutes
Tuesday, May 01, 2012
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 1, 2012
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Morris, Lemhouse, Slattery, Silbiger, and Chapman were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg added agenda item Plaza Re-Design and Updating Downtown Plan to XIV.
Other Business from Council Members/Reports From Council Liaisons.
COMMUNICATION FROM THE CITY RECORDER RE: MAYOR'S VETO OF GREEN CODES
ORDINANCES
City Recorder Barbara Christensen provided Council with the language from the City Charter
regarding the Mayor's ability to veto an Ordinance or Resolution. She read aloud the veto
submitted to her office by Mayor Stromberg on April 20, 2012 on two motions to approve along
with his message of disapproval:
• "An Ordinance Amending the Definition Chapter (18.08) and General Regulations Chapter
(18.68) of the Ashland Municipal Code and Land Use Ordinance" and
• "An Ordinance Establishing Provisions for the Keeping of Chickens within Residential
Districts, and Repealing Fence Provisions within the Health and Sanitation Chapter(9.08) of
the Ashland Municipal Code."
Ms. Christensen instructed Council that they could vote again on the two motions. A roll call would
take place that required a 2/3 vote for passage. In the event of a tie, the Mayor would not vote and '
the tie vote would result in the failure of the motion.
Councilor Morris/Slattery m/s to approve an Ordinance Amending the Definition Chapter
(18.08) and General Regulations Chapter (18.68) of the Ashland Municipal Code and Land
Use Ordinance as amended." Roll Call Vote: Councilor Morris, Lemhouse, Silbiger, and
Chapman, YES; Councilor Voisin, and Slattery, NO. Motion passed 4-2.
Councilor Lemhouse/Slattery m/s to approve an Ordinance Establishing Provisions for the
Keeping of Chickens within Residential Districts, and Repealing Fence Provisions within
the Health and Sanitation Chapter (9.08) of the Ashland Municipal Code as amended.
Roll Call Vote: Councilor Morris, Lemhouse, Slattery, Silbiger, and Chapman, YES;
Councilor Voisin, NO. Motion passed 5-1.
Passage of the ordinances resulted in the approval of the two ordinances effective May 17, 2012, 30
days after it was initially passed during the April 17, 2012 meeting.
Councilor Silbiger/Lemhouse m/s to place the item on the agenda, discussion on
revisions to the chicken ordinance specifically in regards to the distance for having
chickens.
Voice Vote: all AYES. Motion passed.
APPROVAL OF MINUTES
The minutes of the Study Session of April 16, 2012, Executive Session of April 17, 2012 and
Regular Meeting of April 17, 2012 were approved as presented.
SPECIAL PRESENTATIONS &AWARDS
The Mayor's proclamations and presentations of May as National Historic Preservation Month, the ,
week of May 5-12, 2012 as Ashland Firewise Week, May 6, 2012 as Firewise Clean-up Day, and the
week of May 14-20, 2012 as American Craft Beer Week were read aloud.
I of 6 6/7/2012 8:04 AM
City of Ashland,Oregon-Agendas And Minutes http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=4...
CONSENT AGENDA
1. 2012 Annual Appointments to Boards, Commissions, and Committees
2. Approval of a contract amendment in excess of 25 percent for architectural design
service for the remodel of the Police station
3. Approval of a Quitclaim Deed to terminate a public utility easement
4. Request for sewer connection to a business located outside the city limits
S. Approval of a Liquor License Application for Brad Boucher dba Sauce
6. Approval of a Liquor License Application for Brian Dunagan dba Ashland Wine Cellar
7. Approval of a Liquor License Application for Susan Means dba Milagros Fresh Mexican
S. Appointment of Victoria Law to the Historic Commission
9. Amendment to contract with JBR Environmental Consultants for additional work
required on the Wetlands Delineation at the Ashland Gun Club
10. Approval of a special procurement for forestry and education in Siskiyou Mountain
Park by Lomakatsi Restoration Project
11. Approval of an IGA with Jackson County Community Justice for supervised work crews
Councilor Silbiger pulled Consent Agenda items #1, #2, and #8 for discussion. Councilor Voisin
pulled Consent Agenda item #9 for discussion. City Recorder Barbara Christensen pulled Consent
Agenda item #5 from the agenda due to additional information requested by the Oregon Liquor
Control Commission (OLCC).
Councilor Slattery/Morris m/s to approve Consent Agenda items #3, #4, #6, #7, #10 and
#11. Voice Vote: all AYES. Motion passed.
Councilor Silbiger would not support the annual appointments to the Boards, Commissions, and
Committees due to issues regarding the timing, and that Council had not received preliminary
notification of the final list of appointees. Ms. Christensen recommended Council revisit the
resolution that set the annual appointment process for possible improvements. Councilor Voisin
added Commissions were proactive in recommending potential appointees.
Councilor Voisin/Slattery m/s to approve Consent Agenda item #1. Voice Vote: Councilor
Voisin, Morris, Slattery, Lemhouse and Chapman, YES; Councilor Silbiger, NO. Motion
passed 5-1.
Councilor Silbiger opposed the contract amendment for architectural services for the Police Station
because he did not support contact amendments in general. Police Chief Terry Holderness
explained the amendment included expenses incurred from shifting direction from using the The
Grove to remodeling the Police Station.
Councilor Morris/Voisin m/s to approve Consent Agenda item #2. Voice Vote: Councilor
Voisin, Morris, Slattery, Lemhouse and Chapman, YES; Councilor Silbiger, NO. Motion
passed 5-1.
Councilor Silbiger would not support the Historic Commission appointment because preliminary
notification to Council of applicants applying for Commissions had not occurred.
Councilor Slattery/Lemhouse m/s to approve Consent Agenda item #8. Voice Vote:
Councilor Voisin, Morris, Slattery, Lemhouse and Chapman, YES; Councilor Silbiger, NO.
Motion passed 5-1.
Public Works Superintendent Mike Morrison addressed the contract amendment for JBR and
explained the lead distribution study at the Ashland Gun Club was completed. The additional costs
covered the wetlands delineation presently at the Department of State Lands (DSL) for approval.
To date, the City had spent $135,259.09 on activities recommended by the Department of
Environmental Quality (DEQ) to ensure an acceptable contract. The amendment before Council was
the final action for this stage of the work but the DSL or DEQ could make more recommendations
later.
Councilor Voisin/Slattery m/s to approve Consent Agenda item #9. Voice Vote: Councilor
Voisin, Morris, Slattery, Lemhouse and Chapman, YES; Councilor Silbiger, NO. Motion
passed 5-1.
PUBLIC HEARINGS
1. Two resolutions regarding Water and Wastewater utility rates.
Public Works Director Mike Faught explained Council adopted the Water.and Wastewater Master
Plans April 17, 2012 and the next step was implementing the proposed rates. Staff based the
water rate increases on the Water Master Plan and projects recommended by the Ashland Water
2 of 6 6/7/2012 8:04 AM
r� Ij RECORDER Page 1 / 1
�.
CITY
HL JO�FrT
7`151 1 LC'11�1 L .':. DATE... .:.:- ?,.'.: PO NUMBER;. ..
20 E MAIN ST. 7/1/2011 10206 -
ASHLAND, OR 97520
(541)488-5300
VENDOR: 015886 SHIP TO: Ashland Public Works
JBR ENVIRONMENTAL CONSULTANTS (541)488-5587
8160 S HIGHLAND DR 51 WINBURN WAY
SANDY, UT 84093 ASHLAND, OR 97520
FOB Point: Req.No.:
Terms: Net Dept.:
Req.Del. Date: Contact: Jim Olson
Special Inst: Confirming? NO
.'Descrip tion - . . -
- �.Unit Price: .- �Ext.Price ,.
THIS IS A REVISED PURCHASE ORDER
Complete a wetlands delineation at the 7,871.00
Lithia Springs property.
Contract for Personal Services
Beginning date: 05/18/2011
Completion date: 03/01/2012
Insurance required/On file
Processed change order 06/18/2012 3,100.00
Amendment No. 1 -Add cost of extra
work$3,100.00
SUBTOTAL 10 971.00
BILL to:Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 10,971.00
ASHLAND, OR 97520
__
Account.Nuuiber.. - •, P.roject Number _ .Amount Account Numuer .?_ Project Number .:..'Amount,.
E 410.08.24.00.604100 E 200907.100 10 971.00
Authori dd Signature VENDOR COPY
FORM #10 CITY OF
CONTRACT AMENDMENT APPROVAL REQUEST FORM ASHLAND
Request for a Change Order
Name of Supplier 1 Contractor 1 Consultant: JBR Environmental Consultants,Inc. Total amourit of this
8160 S.Highland Dr.Sandy,UT 84093 contract amendment:
Purchase Order Number: 10206 $ 3,100
Title 1 Description:Wetlands Delineation
M Per attached contract amendment
Contract Amendment
Original contract amount $ 7.871.00 100 %of original contract
Total amount of rep vlous contract amendments 0 0 %of original contract
Amount of this contract amendment 3.100.00 39.4%of original contract
TOTAL AMOUNT OF CONTRACT $ 10.971.00 139.4%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 goads 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 total term greater than allowed in the solicitation document,
contract or approval of a Special Procurement An amendment is not within the scope of the procurement if the City determines that if it had described the changes to be made by the
amendment in the procurement documents,it would likely have increased competition or affected award of contract.
Contract amendment is within the scope of procurement: YES X NO' (If"NO",requires Council approval i Attach copy of CC.)
Sourcing Method:
SMALL PROCUREMENT-Less than$5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT.QRF or
El'YES',the total amount of contract and REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50
cumulative amendments<—$6,000. ❑ 'YES',the total amount of cumulative El'YES',the total amount of original contract and
❑If"NO",amount exceeding authority requires amendments s 25%of original contract amount or cumulative amendments<$100K for Goods&
Council approval.Attach copy of Council $250,000 whichever is less. Services,<—$75K for Personal Services,<$50K for
Communication. ❑If'NO",amount exceeding authority requires Attorney Fees.
❑ Exempt—Reason: Council approval.Attach copy of Council ❑If'NO',amount exceeding authority requires
Communication. Council approval.Attach copy of Council
❑ Exempt—Reason: Communication.
❑ Exempt—Reason:
INTERMEDIATE PROCUREMENT SOLESOURCE EMERGENCYPROCUREMENT
Goods&Services-$5,000 to$100,000 ❑ 'YES',the total amount of cumulative ❑ Written Findings:Document the nature of the
Personal Services -$5.000 to$75.000 amendments<—25%of original contract amount or emergency,including necessity and circumstances
❑ "YES',the total amount of cumulative $250,000 whichever is less. requiring the contract amendment
amendments s 25%of original contract amount. ❑If'NO",amount exceeding authority requires ❑ Obtain direction and written approval from City
0 If'NO',amount exceeding authority requires Council approval.Attach copy of Council Administrator
Council approval.Attach copy of Council Communication, ❑ If applicable,attach copy of Council
Communication. ❑ Exempt—Reason: Communication
❑ Exempt—Reason: ❑ Exempt—Reason:
SPECIAL PROCUREMENT INTERGOVERNMENTALAGREEMENT
❑'YES',the total amount of original contract and cumulative _ ❑"YES',the original contract was approved by City Council.
amendments are within the amount and terms initially approved by Provide date approved by City Council: (Date)
Council as a Special Procurement, If'NO",Council approval is required.Attach copy of Council Communication.
❑ If"NO",amount exceeding authority requires Council approval. ❑ Contract amendment approved and signed by City Administrator.
Attach copy of Council Communication.
Project Number 2009.07 Account Number 410.08.24.00.604100 Account Number-----_--_--_--_____
'Expenditure must be charged to the appropriate acc unt n mbers for the financials to reflect the actual expenditures accurat ly. Attach extra pages if need .
Employee Signature: �Departmgt Head Signatur .
(E r r ter than$5,000)
Funds appropriated f rrent fiscal year. / NO 7
Finance Director(Equal to or greater n$5,000) ate
G:1pub-wrksleng109-07 Gun Club EnvironmentaM—AdminIJBR Wetlands Delineation Amendment Requisition 042412.doc