HomeMy WebLinkAbout2012-144 CONT AMND #1 - Urban Development Services r
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: Urban Development Services,
City Hall LLC
20 E. Main St. Address: 485 W. Nevada St. Ashland, OR
Ashland, Oregon 97520 97520
(541)488-5347 FAX: (541) 488-6006 Phone: 541-482-3334 Fax: 541-482-3336
Date of this agreement: June 6, 2012 B: RFP Date:
Proposal Date: Nov. 4, 2011
¶2.3 City Contracting Officer: Michael R. Faught, Director of Public Works
¶2.4. Project: Hersey/Wimer Re-alignment Project No. 2002-05
¶6.1. Consultant's Representative: Mark Knox
%3. Original Contract Amount: $9,500.00
$8.4. Previous Contract Amendments: $ 0
B. AMENDMENT NO. 1
1. Modification to "Services to be provided"
Add services per attached proposal and cost estimate dated June 5, 2012 and
made a part of this amendment.
2. Modification to "Compensation
A. Add cost of extra work= $4,354.00
B. Adjusted total contract amount = $13,854.00
CONSULTAN!/T,/'�� ITY
BY -----�G --- BY
Fed. ID # 90 - 043 21 3 City Department He
DATE,:
Coding:
(Ibr City use only)
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Approval of Contract Amend UDSAtch l.doc
An Olson
From: Mark Knox(knox @mind.net)
Sent: Tuesday, June 05, 2012 11:51 AM
To: 'Mark Knox'; 'Jim Olson'
Cc: 'Karl Johnson'
Subject: RE: PSC Addendum - Project No. 2002-05
Attachments: Kerry_Finallnvoice.pdf
Sorry, here is the attachment.
From: Mark Knox [mailto:knox @mind.net]
Sent: Tuesday, June 05, 2012 11:50 AM
To: 'Jim Olson'
Cc: 'Karl Johnson'; 'knox @mind.net'
Subject: PSC Addendum - Project No. 2002-05
Hi Jim,
In regards to the Personal Services Contract for the North Main Street parking lot application, I need to request an
addendum to the contract due to unexpected changes to the plans. I'm not familiar with this process and may need
direction as the proper way to process the addendum, but please find attached what I believe will be the second to last
invoice from the project's Landscape Architect, Kerry KenCairn who has been paid in full to this point, except for this
particular invoice (#2203 for$1,481.25). Kerry's estimate also included an approximate$1,000 to support the bid
process and construction administration which should be included in the final amendment noted below. In addition, I'm
making the assumption that no additional amendments by either the Council, staff or contractor are expected, but if
there is that possibility, we probably should discuss it now so that we're not addressing this issue again.
Nevertheless, the additional expenses incurred are a direct result of changes recently proposed by 1)the Ashland City
Council, 2)Added coordination and meetings, 3) additional requests by the adjacent neighbors and 4) conditions
imposed by the Ashland Tree Commission requiring additional design modifications. Although these changes were
somewhat expected,they still caused the project's expenses to go beyond the original estimate of$9,500.The final
invoice for Planning and Landscape Architecture Services now totals, including the final invoice plus future$1,000 for bid
support and construction administration would be, $13,853.25.
Again, please let me know if there is a formal procedure to an amendment or if the total amount noted is incorrect and
I'll submit as soon as possible (Note: the total amount stated above may be a little off due to the fact that I paid $125.00
for the pre-application fee in order to expedite the land use process, but I believe this would be the only discrepancy).
Thanks—Mark Knox, Urban Development Services, LLC
' 1
MUM r] n 1 M Tel 541.488.3194 545 A Street
K111CC1 Fax:541.552 9512 Ashland.Oct 97520
1,81d151'f1111' 1101i11'(1111Y' C211:541.601.5559 kerry@kencaiinlandseape.ccm
m,Ke:Lr;nLa ?;a,e cor
Bill To
Mark Knox
Invoice
Date Invoice?; Project
06/01/2012 2203
Serviced Hrs/Qty Description Rate Amount
05/02/2012 0.5 Landscape Architect / Commercial 80.00 40.00
city meeting
05/08/2012 0.75 Landscape Architect / Commercial 80.00 60.00
revise and finalize
05/10/2012 1.75 Landscape Architect / Commercial 80.00 140.00
Wimer-N. Main revise plans
05/10/2012 2 Landscape Architect / Commercial 80.00 160.00
finals
05/11/2012 1.5 Landscape Architect / Commercial 80.00 120.00
final sheets and delivery
05/27/2012 6 Landscape Architect / Commercial 80.00 480.00
engineers est
05/09/2012 4.75 Support Staff 55.00 261.25
Sheet set-up for North Main, redlines and adjustments
05/10/2012 2.75 Support Staff 55.00 151.25
north main parking lot sheet review
Q5/11/2012 1.25 Support Staff 55.00 68.75
north main
Total $1,481.25
Payments/Credits $0.00
Balance Due $1,481.25
ACCOUNTS UNPAID WITHIN 30 DAYS FROM DATE OF BILLING will be subject to interest at the rate of 1'/2%per month on the unpaid balance.
cffrX OF
ASHLAND
Council Communication
June. 19, 2012 Business Meeting
Approval of an Amendment to the Contract with Urban Development Services,
LLC for Additional Costs on the Hersey/Wimer Re-alignment Project
FROM:
James H. Olson; Engineering Services Manager, Public Works Dept., olsonj @ashland.or.us
SUMMARY
In November of 2011, Urban Development Services LLC was hired to assist in the design of the
parking lot improvements necessary for the Hersey/Wiener re-alignment project. Unforeseen design
changes, additional meetings, coordination with property owners and additional regulatory conditions
have caused the contract to overrun the original "not to exceed" contract amount. The consultant is
requesting a$4,354 or 45.8 percent increase in the contract.
The Council, acting as the local contract review board, is required to approve all amendments to
personal services contracts in excess of 25 percent over the original contract.
BACKGROUND AND POLICY IMPLICATIONS:
The approved design of the Hersey/Wimer re-alignment project provides for an approximately 25 foot
shift in alignment of Hersey Street. This shift eliminates both of the existing driveways and three of
the thirteen existing parking spaces on the Colwell Chiropractic Clinic property located at the
northwest comer of the intersection. Access to the clinic and four additional parking spaces are being
provided on the City owned lot located just northwest of the Colwell Clinic,
Urban Development Services, LLC (UDS) and their sub-consultant, KenCaim Landscape Architecture,
were contracted with to provide assistance in the permitting and design of the parking lot construction
at 430 N. Main Street.
The original contract with UDS was for$9,500 and included a specified list of actions and tasks which
were to be performed in the development of the lot.
The scope of the original contract has ultimately been expanded to encompass additional tasks that
were not foreseen when the contract was created. Additional tasks included:
1. Coordination with adjacent property owners.
2. Design of a bio-swale detention basin.
3. Expansion of landscaping to include the entire project area rather than just the parking lot area.
4. Revision of landscaping plans resulting from the Council's plan revision of April 30, 2012.
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CITY OF
ASHLAND
5. Future construction support for landscaping construction.
FISCAL IMPLICATIONS:
The original contract with UDS for$9,500 will be increased by $4,354 to $13,854; a 45.8 percent
increase. All costs by UDS are reimbursable under the fund exchange agreement that is in place to
fund much of the construction of the Hersey/Wimer project.
STAFF RECOMMENDATION AND REOUESTED ACTION:
Staff recommends approval of the attached contract amendment to the UDS contract. The extra work
is the result of changing conditions and requirements beyond the control of staff or the consultant.
SUGGESTED MOTION:
Move to approve a $4,35,4 amendment to the contract with UDS for additional work required on the
Hersey/Wimer.Re-alignment project.
ATTACHMENTS:
Contract Amendment No. 1
Page 2 of 2
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�. CITY O F
(
."'•l?�/ RECORDS DATE PO NUMBER
ASHLAND 1
20 E MAIN ST. 1 12/22/2011 10608
ASHLAND, OR 97520
(541)488-5300
VENDOR: 016660 SHIP TO: Ashland Public Works
URBAN DEVELOPMENT SERVICES LLC (541) 488-5587
485 W NEVADA STREET 51 WINBURN WAY
ASHLAND, OR 97520 ASHLAND, OR 97520
FOB Point: Req.No.:
Terms: Net Dept.:
Req. Del.Date: Contact: Karl Johnson
Special Inst: Confirming? NO -
Quantity Unit .. Description .- Unit Price Ext.Price ,
THIS IS A REVISED PURCHASE ORDER
Provide development services, includinq 9,500.00
landscape architecture, for the
creation of a parking lot on City owned
property at 430 N. Main Street.
Per attached Contract for Personal
Services less than $35,000
Beginning date: 11/21/2011
Completion date: 11/21/2012
Insurance required/On file
Project No. 2002-05
Processed change order 05117/2012 1,872.50
Amount of agreement increased to
$11,372.50 per attached contract
amendment and Invoice#411 -$1,872.50
Processed change order 06/29/2012 4,354.00
Development and landscape design
services for the Hersey/Wimer
re-alignment project No. 2002-05
SUBTOTAL _ 15 726.50
BILL TO:Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 15,726.50
ASHLAND, OR 97520
... Account Number Project Number Amount Account Number Project Number - Amount
E 260.08.12.00.704200 E 200205.100 15 726.50
�w/;
Autho ed Signa ure VENDORCOPY
FORM #10 1 CITY OF
CONTRACT AMENDMENT APPROVAL REQUEST FORM ASHLAND Request for a Change Order
Name of Supplier I Contractor 1 Consultant: Urban Development Services, LLC Total amount of this
Purchase Order Number: 10608 contract amendment:
Title 1 Description: Development and landscape design services for the Hersey/Winner re-alignment
project no.2002.05 $ 4,354.00
® Per attached contract amendment
Contract Amendment
Original contract amount $ 9.500.00 100 %of original contract
Total amount of rep vlous contract amendments 0 0 % of original contract
Amount of this contract amendment 4.354.00 45.8 %of original contract
TOTAL AMOUNT OF CONTRACT $ 13.854.d0 145.8 %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 total tens 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 IAttach copy of CC.)
Sourcing Method:
SMALL PROCUREMENT-Less than$5.000 INVITATION TO BID or COOPERATIVE PROCUREMENT,QRF er
❑"YES",the total amount of contract and REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50
cumulative amendments s$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
®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 INTERGOVERNMENTAL AGREEMENT
❑"YES',the total amount of original contract and cumulative El'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 2002.05 Account Number 260.08.12.00.704200 Account Number__--__--_-__----__-
*Expenditure must be charged to the appropriate acc unt numbers for the financials to reflect the actual expenditures accurately. Attach a pages if needed.
2
Employee Signature: Department Head Signature: �wS2 lit— rt
(Equal to or greater than$5,000)
Funds appropriated for rrent fiscal year YES NO xz� /z-- G /,-G l�z
Finance Director(Equatr rgreater than$5,000) Date
Comments:
G:1pub-wrksleng102-05 N.Main Hersey Winner Intersection Realig0—AdminlEng Vendor3(Urban Development)T61912 Approval of Contract Amend UDS.Atchl.doc