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Home My WebLink About2013-122 CONT Addendum #2 - Grayback Forestry SECOND ADDENDUM TO CITY OF ASHLAND CONTRACT FOR PRESCRIBED BURNING This Second Addendum is made this 91h day of May, 2013, between the City of Ashland ("City') and Grayback Forestry, Inc. ("Contractor"). - Recitals: A. On 3/9/12, City and Contractor entered into a City of Ashland Contract for Goods and Services ("Agreement') to accomplish prescribed burning on City Forestlands in order to limit damage from potential future uncontrolled forest fires. B. On 4/3/12, City and Contractor entered into an addendum to the Agreement ("First Addendum") to increase the amount to be paid to Contractor in order to provide additional compensation for additional work. C. The parties desire to further amend the Agreement to again increase the amount to be paid to Contractor in order to provide additional compensation for additional work. Agreements City and Contractor agree to further amend the Agreement as follows: 1. The maximum price as presented in Paragraph 4 of the original Agreement and thereafter modified in the First Addendum is increased to $60,415. 2. The scope of services is modified to add unit P/Q for 20 acres at a rate of $800 per acre. 3. Except as modified above, the Agreement as modified by the First Addendum shall remain in full force and effect. CONT CTOR: CITY OF ASHLAND: BY-,/ BY U~ D ment Head Its VICE P/CE3iOC)+T - 6e/9YBAe/C Date S DATE /1'I!4 N B _20 / ~7 Purchase Order # Acct. No.: (For City purposes only) SECOND ADDENDUM TO CONTRACT FOR PRESCRIBED BURNING CITY OF ASHLAND Council Communication May 7th, 2013 Business meeting Approval of Contract Amendment for City Forestlands Prescribed Burning FROM: Chris Chambers, Forest Division Chief, Ashland Fire & Rescue, chamberc@ashland.or.us SUMMARY The Fire Department is seeking approval of a Contract Amendment to add 20 acres of prescribed burning to the current contract with Grayback Forestry. Under a current grant with The Nature Conservancy, this year's burning was not originally funded for this fiscal year, though it was last year. Due to greater than anticipated log revenue in.the related Winburn Property Restoration Project Phase III, grant funds have been freed up to fund current prescribed burning. The City benefits by accomplishing planned work that can be reimbursed at 55% of the cost, but would otherwise be totally City funded in the coming fiscal year. BACKGROUND AND POLICY IMPLICATIONS: In early 2012, the City Council approved participation in the Promoting Ecosystem Resiliency through Collaboration (PERC) grant through The Nature Conservancy. As one of six sites nationwide, the Ashland Watershed was identified as a key resource and opportunity to expand work from federal land to adjacent municipal and private land under the PERC program. This program also includes helicopter thinning on the City's Winburn Property and fuels reduction in Siskiyou Mountain Park and private land bordering the watershed. All work is done toward the goal of protecting and restoring the forests in the Ashland Watershed, source of the city's drinking water supply. FISCAL IMPLICATIONS: This allows for reimbursement of 440 dollars per acre that the City would have to pay if this work takes place in the next fiscal year. City funds are appropriated to cover the remaining 360 dollars per acre. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the Contract Amendment to add 16,000 dollars to the current prescribed burning contract with Grayback Forestry. SUGGESTED MOTION: "I move that the City approve the Contract Amendment to add 16,000 dollars to the current prescribed burning contract with Grayback Forestry." ATTACHMENTS: Contract and prior amendments. Page I of 1 Y yRL°C0FRIDSE rJ Page 1 / 1 CITY OF T ' `CVIi ~1 DATE PO NUMBER ASHLAND 20 E MAIN ST. 7/1/2012 10782 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 016823 SHIP TO: Ashland Fire Department GRAYBACK FORESTRY INC (541) 482-2770 PO BOX 838 455 SISKIYOU BLVD MERLIN, OR 97532 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Chris Chambers Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price THIS IS A REVISED PURCHASE ORDER Contractor material and labor required 19,975.00 to complete prescribed under burning on City forestlands per the attached contract and specifcations. Contract for Goods and Services Beginning date: March 26, 2012 Completion date: June 30, 2013 Insurance required/On file FY 2012 - $19,975.00 FY 2013 $19,440.00 Processed change order 05/07/2012 5,000.00 Per attached Contract Addendum Scope of services is modified to add fire patrol on an "as needed" basis. Amount of increase $5,000.00 Processed chanqe order 01/15/2013 19,440.00 Contracted amount for FY 2013 - $19,440 Processed change order 05/16/2013 16,000.00 Additional amount for additional services Approved by Council May 7, 2013 0 on o avt}- -b S7 U 1 l SUBTOTAL 60 415.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 60,415.00 ASHLAND, OR 97520 Account Number Project Number .Amount Account Number Project Number Amount E 670.07.29000.60416 19 975.00 E 670.07.29.00.60416 E 000285.400 40 440.00 VENDOR COPY Authonzed nature FOIRM#10 ; `7 CITY OF oVi. CONTRACT AMENDMENT APPROVAL. REQUEST FORM Request for a Change Order PA5 H LAN D Name of Supplier 1 Contractor 1 Consultant: Grayback Forestry, Inc. Total amount of this contract amendment: Purchase Order Number: 10782 Title I Description: City Lands Prescribed Burning Goods and Services $16,000 ❑ Per attached contract amendment Contract Amendment Original contract amount $39,415 100 % of original contract Total amount of previous contract amendments $5,000 12.7% of original contract Amount of this contract amendment $16,000 40.6% of original contract TOTAL AMOUNT OF CONTRACT $60,415 153.3% 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 achange 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, contractor 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' X (If "NO", requires Council approval 1 Attach copy of CC.) Sourcing Method: SMALL PROCUREMENT, Less than $5.000 INVITATION BID or COOPERATIVE PROCUREMENT QRF or ❑ "YES", the total amount of contract and cumulative REQUEST FO ROPOSAL EXEMPTION PURSUANT TO AMC 2.50 amendments s $6,000. ❑ "YES the to amount of cumulativ amendments ❑ "YES", the total amount of original contract and ❑ If "NO", amount exceeding authority requires 5 25°/ of odginal co act amount o 50,000 cumulative amendments s $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 exce authority requires ❑ If "NO", amount exceeding authodly requires Council ❑ Exempt -Reason: Council approval. Attac Council approval. Attach copy of Council Communication. PERSONAL SERVICES Communication. ❑ Exempt-Reason: ❑ "YES", Directappoinbnents$35,000 ❑ Exempt- Ren: El If' quires ap roval-'~ ?w✓ I MEDIATE PROCUREMENT SOLESOURCE EMERGENCY PROCUREMENT _rq oods & Services - $5 000 to $100,00 0 CIAe. e 'YES', the total amount of cumulative amen nts ❑ Written Findings: Document the nature of the t~ersonal Services-$5000 to$75.000 ,0j-,Y7-/ 5% of odginal contract amount or $250,000 emergency, including necessity and circumstances 'YES", the total amount of cumulative w ichever is less. requiring the contract amendment mendments 5 25°h of original contract amount f If "NO', amount exceeding authority requires ❑ Obtain direction and written approval from City O", amount exceeding authority requires Cou uncil approval. Attach copy of Council Administrator pproval. Attach co of Council Communica0 - ommunicetion. ❑ If applicable, attach copy of Council Communication Exempt - Reason: ❑ Exem t-Reason: ❑ Exem t-Reason: SP MIE OCUREMENT - INTERGOVERNMENTAL AGREEMENT ❑ "YES", the total amount of original contract and cumulative amendments are ❑ "YES", the original contract was approved by City Council. within the amount and terms initially approved by Council as a Special Provide date approved by City Council: (Date) - Procurement. If"NO", Council approval is required. Attach copy of Council Communication. ❑ If "NO", amount exceeding authodly, requires Council approval. ❑ Contract amendment approved and signed by City Administrator. Attach copy of Council Communication. Project Number 000285.400 Account Number 670.07.29.00.604160 'Expenditure must be charged "a appropriate account numbers for the financials to reflect the actual expenditures a curately. Attach extra pages if needed. Employee Signature:` Department Head Signature: `\~(Egdal to org eater than 85,000) City Administrator: a-- ° r" ~ "(Equal to or greater than 825,000 or 10%) Funds appropriated for current fiscal year. fE / NO Finance Director (Equal too ierthan$5,000) Date Comments: Form #10 -Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 4/30/2013