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
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O
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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