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HomeMy WebLinkAbout2020-006 20200233 HDR EngineeringAMENDMENT NO. 1 to PERSONAL SERVICES AGREEMENT between THE CITY OF ASHLAND, an Oregon municipal corporation, ("C499) and HDR Engineering Inc., ("Contractor") for 7.5 MGD Water Treatment Plant Design — Phase 2: Final Engineering SERVICES RECITALS A. The City and Contractor previously entered into a Personal Services Agreement effective October 10, 2019 (the "Agreement") to Contractor provide 7.5 MGD Water Treatment Plant Design — Phase 2: Final Engineering services; and B. The City and Contractor 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 sum of $3,718,582.00 (three million seven hundred eighteen five hundred eight two thousand and zero dollars) as provided herein as full 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 $3,718,582.00 (three million seven hundred eighteen five hundred eight two thousand and zero dollars) $3,662.659.00 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 exceeded 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 Personal Services Agreement 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 Printed Name:-",�,. Tide: Ctrx Date: r HDR ENGINEERING, INC. (CONTRACTOR) By:� Printed Name: Fa , / 25LV e..+ Title: J.--- V/c ae.ss� d HT' Date: //—Zr /9 Page 2 of 2: Amendment No. 1 to Personal Services Agreement City of Ashland, Oregon Design of a 7.5-MGD Water Treatment Plant Phase 2 Scope of Services for Final Design Amendment No. 1 — Envision Assessment November 2019 1050 SW 6th Ave Suite 1800 Portland, OR 97204 Table of Contents Description....................................................................................................................I Task 260 Envision Assessment................................................................................... I Objective...................................................................................................................... 1 HDRServices.............................................................................................................. 1 Mortenson Responsibilities.......................................................................................... 1 CityResponsibilities..................................................................................................... 2 Assumptions.................................................. :............................................................. 2 Deliverables................................................................................................................. 2 City of Ashland, Oregon i Amendment No. 1 Design of a 7.5-MGD Water Treatment Plant— Phase 2 SCOPE OF SERVICES Description This amendment covers scope of work to review the project at the Phase 1 Basis of Design stage in the framework of the Envision Rating System. TASK 260 ENVISION ASSESSMENT Objective Identify the requirements to achieve an equivalent goal of Envision Silver rating and the additional impacts to the overall project (design and construction) costs and schedule associated with achieving Envision Platinum rating. The outcome deliverable of this task is a memo to provide City staff information to present for City Council's consideration. HDR Services 1. Send an example Envision report to the City for the City's review. 2. Use the Envision guidance manual to prepare a table of the categories for Envision credits and indicate the number of credits needed for Silver and Platinum ratings. 3. Annotate the table to indicate the categories and points the project, as described in the Phase 1 Basis of Design report, needed to reach to achieve a goal of Silver status. 4. Further annotate the table to indicate the additional categories and points needed to reach to achieve Platinum status, with emphases on 1) maximizing points related to energy generation and conservation/reduction, and 2) minimizing overall project cost and schedule impacts. 5. For each additional categories and points for Platinum status, indicate the impacts to the overall project (design and construction) costs and schedule. 6. Specifically for solar power, prepare a draft memorandum: a. Describing the Phase 1 solar generation capacity and layout and how it was determined, b. Describing the generation capacity with the current Phase 2 layout and explaining the change, c. Describing the additional layout and cost associated with going back to the Phase 1 generation capacity. 7. Coordinate with Mortenson to quantify construction cost and schedule impacts. 8. Have a conference call with the City to review draft table and solar memorandum. 9. Prepare a final table and memorandum based on City's comments. Mortenson Responsibilities 1. Quantify the impacts to construction costs and schedules based upon the items identified by HDR Services 2, 3, 4, and 6c. City of Ashland, Oregon Amendment No. 1 Design of a 7.5-MGD Water Treatment Plant 2. Coordinate with HDR. 3. Participate in conference call with City to review table. City Responsibilities 1. Review example Envision report to become familiar with Envision ratings. 2. Review table and solar memorandum and provide comments. 3. Participate in conference call. 4. Use the final table and memorandum for City Council discussions. Assumptions 1. Conference call will be two-hour long and attended by: a. City — Scott Fleury, Kevin Caldwell b. HDR —Pierre Kwan, Katie Walker, Verena Winter, Todd Peterson and HDR's sustainability consultant. 2. This scope excludes presentations to City Council associated with the deliverables from this task. 3. HDR's Phase 2 final design efforts will proceed ahead as contracted in the Phase 2 scope of services. This task does not change the design schedule or activities. 4. The HDR goal is to achieve an equivalent of Silver rating within HDR's contracted scope, fee, and schedule and the current construction cost estimate. Any shortfall in achieving the Silver rating goal does not change HDR's means and methods. HDR efforts to seek a Silver rating will not take priority over the efforts to provide bid documents for 1) a functional water treatment plant, 2) by March 2021, and 3) with an estimated construction cost estimate of no greater than $35.9M. 5. HDR will work with the City staff for an amendment to adjust the contract if City Council desires to reach higher -than -Silver rating, or to achieve Silver if there is a shortfall. Deliverables 1. Example Envision report. 2. Draft Envision rating table and solar memorandum. 3. Conference call notes. 4. Final Envision rating table and solar memorandum. City of Ashland, Oregon Amendment No. 1 Design of a 7.5-MGD Water Treatment Plant F)I Fee Summary The fee associated with this amendment are as follows: Amount HDR Mortenson Total Construction Phase 2 contract amount $3,144,165 $352,400 $3,662,659 Prior amended contract amounts $0 $0 $0 Total prior amended contract amount $3,144,165 $352,400 $3,662,659 Amount of this Amendment No. 1 $35,923 $20,000 $55,923 New total Phase 2 amended amount $3,180,088 $372,400 $3,718,582 City of Ashland, Oregon Amendment No. 1 Design of a 7.5-MGD Water Treatment Plant Council Business Meeting November 19, 2019 Agenda Item Water Treatment Plant Solar Allowance Discussion From Kelly Madding City Administrator Contact kelly.madding(aD-ashland. or. us; (541) 488-6002 SUMMARY This item is brought forth for Council to discuss solar allowance for the newly proposed Water Treatment Plant. POLICIES. PLANS & GOALS SUPPORTED PREVIOUS COUNCIL ACTION This item was requested by Councilor Graham after the Water Treatment Plant Final Engineering Contract was approved on October 1, 2019. BACKGROUND AND ADDITIONAL INFORMATION See previous Council action. FISCAL IMPACTS The cost estimate from HDR for the tasks illustrated in the motions is $55,000 to complete the design and construction cost estimate. STAFF RECOMMENDATION N/A ACTIONS, OPTIONS & POTENTIAL MOTIONS I move to direct staff to: 1. Investigate the total realistic solar potential, both rooftop and ground base arrays, battery storage requirements, operations and maintenance, life cycle and associated cost estimates for the 7.5 MGD Water Treatment Plant site, and (Note: this will allow full assessment regardless of limitations to the City's current contract with BPA) 2. Develop potential strategies and cost estimates in development of the 60 percent design phase to move the new 7.5 MGD Water Treatment Plant design from Envision Silver to Envision Platinum with the primary focus being electrical energy conservation and renewable energy production. REFERENCES & ATTACHMENTS N/A Page 1 of 1 CITY OF -ASHLAND B I L L T O V E N D O R City of Ashland ATTN: Accounts Payable 20 E. Main Ashland, OR 97520 Phone: 541 /552-2010 Email: payable@ashland.or.us HDR ENGINEERING INC PO BOX 74008202 CHICAGO, IL 60674-8202 Email: ACCOUNTSRECEIVABLE@HDRINC.COM Purchase Order Fiscal Year 2020 Page: 1 of: 1 Purchase 20200233 Order # H ,C/O Public Works Department 1 51 Winburn Way p Ashland, OR 97520 Phone: 541 /488-5347 T Fax: 541 /488-6006 O Paula Brown 10/23/2019 2369 FOB ASHLAND OR/NE T30 Cit Accounts Pa able Design 7.5 MGD WTP Phase 2 1 Design of a 7.5 MGD Water Treatment Plant - Phase 2 1 $ ,662,659.0000 $3,662,659.00 Personal Services Agreement (Greater than $25,000.00) Completion date: 06/30/2021 Project Account: E-201820-999 Project Account: E-201820-999 2 ADDED: Processed change order 12/20/2019 1 $55,923.0000 $55,923.00 Amendment No. 1 - Phase 2 Envision Assessment Project Account: E-201820-999 Project Account: E-201820-999 ************* GL SUMMARY 081900 - 704200 $3,346,723.80 L 083800 - 704200 $371,858.20 By: Date:! i C Authorized Signature FORM #10 CITY OF CONTRACT AMENDMENT APPROVAL REQUEST FORM e Order Re ASHLAND Request for a Change 9 Name of Supplier / Contractor / Consultant: HDR Engineering Inc. Total amount of this contract amendment: Purchase Order Number: 20200233 Title / Description: 7.5 mgd Water Treatment Plant - phase 2 $ 55,923.00 Per attached contract amendment Contract Amendment Original contract amount Total amount of previous contract amendments $ 3,662,659.00 0 100 % of original contract % of original contract Amount of this contract amendment 55,923.00 .015 % of original contract TOTAL AMOUNT OF CONTRACT $ 3,718,582.00 1.015 % 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 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 I Attach copy of CC.) Sourcina Method: SMALL PROCUREMENT— Not exceeding $5,000 INVITATION TO BID or REQUEST FOR PROPOSAL COOPERATIVE PROCUREMENT, QRF or EXEMPTION PURSUANT TO AMC 2.50 ❑ "YES", the total amount of contract and cumulative amendments <— $6,000. ❑ "YES", the total amount of cumulative amendments ❑ "YES', the total amount of original contract and ❑ If "NO", amount exceeding authority requires <— 25% of original contract amount or $250,000 cumulative amendments <— $100K for Goods & Services, s Council approval. Attach copy of Council whichever is less. $75K for Personal Services, < $50K for Attorney Fees. Communication.❑ If "NO", amount exceeding authority requires ❑ If "NO", amount exceeding authority requires Council ❑ Exempt— Reason: Council approval. Attach copy of Council approval. Attach copy of Council Communication. ❑ Exempt —Reason: PERSONAL SERVICES (Direct Appoint ment) Communication. ❑ Exempt— Reason: ❑ "YES", cumulative amendments s $35,000 ❑ If "NO", requires council approval. Attach INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT Goods & Services - > $5,000 and < $100,000 ❑ "YES', the total amount of cumulative amendments <— 25% of original contract amount or $250,000 whichever is less. ❑ Written Findings: Document the nature of the emergency, including necessity and circumstances requiring the contract amendment Personal Services - > $5,000 and < $75,000 ❑ "YES', the total amount of cumulative amendments <— 25% of original contract amount. ❑ If ❑ If "NO", amount exceeding authority requires ❑ Obtain direction and written approval from City "NO", amount exceeding authority requires Council Council approval. Attach copy of Council Administrator approval. Attach copy of Council Communication. Communication. ❑ If applicable, attach copy of Council Communication ❑ Exempt— Reason: ❑ Exempt — Reason: ❑ 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 authority requires Council approval. by City Administrator. AMC 2.28.045(B) Attach copy of Council Communication. ❑ If "NO", Council a' ro al is re uired. Attach copy of Council Communication Project Number 201820 Account Number_ Account Number_ - _ _ *Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures ac urately.,oach extra pages if needed. Employee Signature:_,t2�� C department Head Sig atur : �zo� zv� r/, (q 1 4r greater jhan V,000) Funds appropriated for current fiscal year: YES / NO City Administrator: T \ (Equal to ult Deputy Finance' Director (Equal to or greater than $5,000) Comments: Form #10 — Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 10/21/2019