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HomeMy WebLinkAbout2020-114 Agrmt Amnd #1- Ace Engineering AMENDMENT NO. 1 • to . PERSONAL SERVICES AGREEMENT - between THE CITY OF ASHLAND, an Oregon municipal corporation, ("City") and ACE ENGINEERING,LLC, a domestic limited liability company, ("Consultant") for - ENGINEERING SERVICES AT OAK KNOLL GOLF COURSE RECITALS A. The City and Consultant previously entered into a Personal Services Agreement effective October 17, 2019 (the "Agreement") in order for Consultant to provide engineering services for the proposed playground and pickleball courts at Oak Knoll Golf Course. B. The City and Consultant now wish to amend the Agreement to extend its term, modify the scope of work, and 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 Section 1,Effective Date and Duration, of the Agreement as follows,with strikeout wording deleted and underscored wording added:. 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City, as set forth below(the"Effective Date"), and unless sooner terminated as specifically provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of - the City's final payment therefore,but not later than January 1,2020 June 30, 2020. 2. Amend Section 2, Scope of Work, of the Agreement as follows,with strikeout wording deleted and'underscored wording added: , 2. Scope of Work: Consultant will provide electronic CAD drawings for layout and for a playground and pickleball courts at Oak Knoll Golf Course,material specifications and response to questions and concerns regarding the project.,as more fully set forth in the Consultant's Proposal dated October 4, 2019,which is attached hereto as "Exhibit A"and Page 1 of 2: Amendment No. 1 to Personal Services Agreement with ACE Engineering,LLC is• incorporated herein by this reference. Consultant shall also provide those s ':ces l.s set forth in Consultant's proposal dated November 22,2019,and in the written pr o pos.l from Alan'Goffe,P.E. S.E.dated November 21,2019,which are attached her c a "Exhibit D"and"Exhibit E'.respectfully and which are incorporated herein b thfs reference. Consultant's services are collectively referred to herein as the"Wo tk 2. Amend Section 6, Compensation, of the Agreement as follows,with strikeout , •r•ing deleted and underscored wording added: 6. Compensation: City shall pay Consultant the sum of ':!.! - • .. • $15,800.00(fifteen thousand and,eight • -d. dollars)as full compensation for Consultant's performance of all.Work under ��i s I, Agreement. In no event shall Consultant's total of all compensation and rein'• ,e •ent under this Agreement exceed the sum of !! • : • •'• - .•_ dollars)-$15,800.00(fifteen thousand and eight hundred dollars)as without th exlress, written approval from the City official whose signature appears below,or st.c :of :cial's successor in office. Payments shall be made within thirty(30)days of the dst.`:,of.eceipt by the City of Consultant's invoice. Should this Agreement be terminated pri,•r to", completion of all Work,payments will be made for any phase of the Work<co p_ ed and • accepted as of the date of termination. 3. This Amendment No. 1 is effective retroactively to January 1,2020. 4. Except:as specifically modified by this Amendment No. 1, the terms and c•r_ditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF,the patties have caused this Amendment No. 1 to be=st -d ht.their. respective names by their duly authorized representatives as of the dates set forth bel u:• I CITY OF ASHLAND,OREGON ACE ENGINEERING,LLC (CONS TANT) By: By: , l�il U-Q +�����' Allan Goffe . '' Printed Name: Printed Name: Title: Oi Title: owner I Date: 1 9' Date 2/12/2020 . I Page 2.of 2; Amendment No.'1 to Personal Services Agreement with ACE Engineering,LLC {! I. ; e Legal Department Review DOCUMENT TRANSMITTAL AND CONTROL This form will accompany the document through the drafting,review,and signature processes,and will be kept with the City's final executed copy of the document. Required fields are indicated in gray scale. Document: Amendment No.r personal services Agreement ACE Engineering LLC (Include names ofparties to the document) Type of Document: Contract 8 Lease 0 Easement 0 Deed 0 IGA ❑ Other(Specify) Dept Contact: TaraKiewel ACTION REQUESTED: Dept:Palls Phone: Ext nsz O Review Draft. Date submitted to Legal: 1114120 0 Approve final and forward to: Draft due by: ASAP (Unless indicated,Legal-will return document to you) Return Requested by: Tara xiewel Complete this section ONLY the first time this form is filled out: Has this document been previously worked on by the Legal Dept Staff? 8 No ❑ Yes If yes,by whom? LEGAL DEPT First Date Received by Legal Date: \'ty.1' By Oily USE ONLY Returned to Dept. for Revision Date: By: Q U Received for additional review by Legal Date: By: Returned to Dept.for Revision Date: By: Received for additional review by Legal Date: By: Returned to Dept.for Revision Date: By: Received for Additional Review by Legal Date: By: Returned to Dept for Revision Date: By: Final Logged out by Legal Date: By: affil.. Comments from LEGAL to DEPARTMENT: Comments from DEP TMENT to L rS ' ': 0 See Attached. ,..204.1- Ae1 G - No. / 7 Return original executed document tot Does this document need to be recorded? Recorder for safekeeping?' ❑ No I / No ❑ Yes CITY AD i . ' = TOR/DEPARTMENT BEAD Please do not sign the attached document until this as eenroved by the Legal Dept below: FINAL LEGAL DEPARTMENT APPROVAL: Date: . /I- ,Z0 if ACE ENGINEERING LLC professional structural engineering commercial.residential.industrial po box 231.ashland.oregon 97520 541.552.1417.ace-engineeringllc.com November 22, 2019 City of Ashland - Parks& Recreation Department Attention: Jason Minica 1195 East Main Street Ashland, Oregon 97520 Subject: Professional Services for Oak Knoll Golf Course, Playground & Pickleball Court Jason, • After meeting with you, Michael Black and Alan Pardee(Covey Pardee Landscape Architects)the scope of the subject project has expanded beyond my proposal to you dated October 4, 2109. Due to the expansion of the scope of work I respectfully request an increase to the fee for this project. I've attached a proposal from Alan Pardee for the Landscape Architect work. The work that Alan Pardee will perform will reduce the amount of work that I will need to provide. However,the total fee for both of our work exceedsAhe amount we previously agreed upon. Here is a breakdown of services and fee: , Cost of Structural Engineering'Services: $4,800.00 Cost of Landscape Architecture Services: $11,000.00 Total Cost of Professional Services: $15,800.00 Previously Agreed Upon Fee: $8,960.00 Net Increase in Professional Services Fee: $6,840.00 The scope of services you will receive includes that outlined in the proposal from Alan Pardee and the following: 1. Design and drawings for perimeter CMU block wall for playground. 2. Foundation and framing design and drawings for a wood framed shed at driving range for restrooms, ball dispenser and tool storage. 3. Foundation design and drawings for pre-fab shade shelter for driving range tee box. 4. Design and drawings for site retaining walls for pickleball courts &driving range. 5. Design and drawings for the alterations to the existing driving range net. Excluded from this proposal are the following: 1. Items excluded from the proposal from Alan Pardee, except where noted above. 2. Geo-technical investigation, report, evaluation, opinion or scope. 3. Playground equipment design, layout and mounting. 4. Obtaining project approvals from the City of Ashland Planning Department and attending commission meetings. a 5. -Evaluation of minor elements, such as trellises, canopies, lights, equipment, stairs, railings, storage racks, soffits, benches, etc. 1 of 2 • ACE ENGINEERING LLC • professional structural engineering commercial,residential,industrial po box 231.ashland.oregon 97520 541,552.1417.ace-engineeringllc.com The terms of this agreement shall be performed in accordance with the previously agreement. Thank you for your consideration. I hope that you find this request reasonable. If you have any questions, please contact me anytime. Sincerely, /T . Allan T Goffe, P.E., S.E. 2of2