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HomeMy WebLinkAbout2016-195 CONT Addendum - Small Woodland Services ADDENDUM TO CITY OF ASHLAND CONTRACT FOR GOODS AND SERVICES Addendum made this 8th day of July, 2016, between the City of Ashland ("City") and Small Woodland Services, Inc. ("Contractor"). Recitals: A. On 09/12/2012, City and Contractor entered into a "City of Ashland Contract for Personal Services" (further referred to in this addendum as "the agreement"). B. The parties desire to amend the agreement to extend the contract effective date. City and Contractor agree to amend the agreement in the following manner: 1. The scope of services is modified to extend the expiration date to June 30th, 2017. 2. Except as modified above the terms of the agreement shall remain in full force and effect. CONTRACTOR: CITY OF ASHLAND: 10 BY BY ~Q Depa ment Head Its Date DATE 7- F- 1Z Purchase Order # £:aJ Acct. No.: ~ (For City purposes only) 1- CITY OF ASHLAND, ADDENDUM TO CONTRACT FOR GOODS AND SERVICES ; ACORD® CERTIFICATE OF LIABILITY INSURANCE 6/DATE(M DATE (MM/DD/YYYY) 6 ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS THIS CERTIFICATE IS ISSUED AS A MATTY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES CERTIFICATE DOES NOT AFFIRMATIVELANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED BELOW. THIS CERTIFICATE OF INSUR, THE CERTIFICATE HOLDER. REPRESENTATIVE OR PRODUCER, ANran ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to IMPORTANT: If the certificate holder y, certain policies may require an endorsement. A statement on this certificate does not confer rights to the the terms and conditions of the poliJorsement(s). certificate holder in lieu of such er CONTACT Terry Friend PRODUCER Protectors Insurance, LLC A/C. N Ext):541-773-5358 A/c No):541-772-1906 E-MAIL P.O. Box 4669 ADDRESS: r f r in . Medford OR 97504 INSURERS AFFORDING COVERAGE NAIC # INSURER A : kl Marine Specialty Ins INSURED SMALL-2 INSURER B : -S Inc INSURER C : Small Woodland Sere - Martin L Main ;oad INSURER D 2779 Camp Bale i1 INSURER E : Medford OR 9 INSURER F : CERTIFICATE NUMBER: 2101107583 REVISION NUMBER: COVERAr CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLY PERIOD THIS I" D. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VHICH THIS INDIC -KATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL HE TERMS, CEP=USIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EX( TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP 177 INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS IABILITY Y PPK1516855 7/1/2016 7/1/2017 EACH OCCURRENCE $1,00ERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $100,(" -LAIMS-MADE K OCCUR MED EXP (Any one person) $5,r PERSONAL & ADV INJURY $1,( ,000 GENERAL-AGGREGATE $1,),000 GEN'L AGGREGATE LIMIT APPLIES PER- PRODUCTS - COMP/OPAGG $1,0000 x POLICY PRO LOC JECT Professional $1,00,000 AUTOMOBILE LIABILITY SIN-777177- (Ea accident $ _ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION $ $ WORKERS COMPENSATION W C S U - OTH- AND EMPLOYERS' LIABILITY Y I N TORY TATIT ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) It is agreed and understood that the certificate holder is named as additional insured but only with respect to its liability arising out of the activities of the named insured CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland Fire & Rescue ACCORDANCE WITH THE POLICY PROVISIONS. 455 Siskiyou Blvd Ashland OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATIO N. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD I Purchase Order Fiscal Year 2017 Page: 1 of 1 THIS rIJ,IVIgERFJ3PFJ#f-C~L~.. - 1NVGICES PACK,4GES-AI~HfPP1hTG ~R~r B City of Ashland ATTN: AP L 20 E. Main Purchase 2 3 L Ashland, OR 97520 Order # T O Delivery must be made within doors of specified destination. S H V SMALL WOODLAND SERVICES, INC. E 2779 CAMP BAKER ROAD C/O Fire and Rescue Department N p 455 Siskiyou Blvd D MEDFORD, OR 97501 Ashland, OR 97520 O T R O /orPh4ae'Nurr~ber Vendor Fax Nurriber Requisiti on Number _ Defry-Refsrrrc _ _ 541 _535-3603 CHRIS CHAMBERS Df C)rsfrcL Vendor Number Date Required Freht 1~11~efihod/Terms M% 07/15/2016 317 FOB ASHLAND OR City Accounts Pa able m - :-Des&r-i01ion/PaftRb QTY U0_1M UO f_P ~ e d crc CONSULTANT SERVICES The Above Purchase Order Number Must Appear On All Correspondence - Packing Sheets And Bills Of Lading 1 Small Woodland Services, Inc to provide the services of a 1.0 $74,000.00 $74,000.00 Consulting Forester for the City in the management of its forestland's and as assigned for work on adjacent federal land. Services include land management planning, consulting on technical forestry issues, implementing silvicultural treatments and any associated tasks as requested by the City and agreed to by the contractor. ADDENDUM TO CITY OF ASHLAND CONTRACT FOR GOODS AND SERVICES BEGINNING 07/17/12 COMPLETION 06/30/17 GL Account: $74,000.00 GL SUMMARY 072900 - 604160 $74,000.00 By: x Authorized Si ature By: Authorized Signature PO Tonal -$74,000.00 FORM#3 CITY OF ASHLAND REQUISITION Date of request: 7.11.16 Required date for delivery: 7.25.16 Vendor Name qm;4 WnndlanrLSErrices, Inr Address, City, State, Zip 2779 Camp Baker Road Medford OR 97501 Contact Name & Telephone Number Marty Main, 541-778-4545 Fax Number Mmain3@mind.net SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes attached ® Special Procurement Contract # PERSONAL SERVICES ® Form #9, Request for Approval Intergovernmental Agreement $5,000 to $75,000 ® Written quote or proposal attached ❑ Agency ❑ Less than $35,000, by direct appointment Date approved by Council: 7/17/2012 Date original contract approved by Council: (Date) ❑ (3) Written proposals attached Valid until:6/30/2017 Description of SERVICES Total Cost Small Woodland Services, Inc to provide the services of a consulting forester for the City in the management of its forestlands and as assigned for work on adjacent federal lands. Services include land management planning, consulting on technical forestry issues, implementing Not to Exceed $74,000 silvicultural treatments and any associated tasks as requested by the City and agreed to by the contractor. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $74,000 Project Number: NIA Account Number 110.07.29.00.604160 Account Number Account Number___-__-__- - *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes /No By signing this requisition fo . I certify that the City's public contracting requirements have been satisfied. Employee. Department Head: ~/(EWtnr/gredter than $5,000) Department Manager/Supervisor: 4;4=,City Administrator: e 7 //-e{U ®i(1 6 (Equal to or gr r than 25,0001 Funds appropriated for current fiscal year- LYE~ / NO - 7 r Finance Director- (Equa or greater than $5,000) Date Comments: Form #3 - Requisition David Lohman To: 'Chris Chambers'; Kari Olson Cc: 'Kris Bechtold' Subject: Small Woodland Services Addendum Chris and Kari - This is to address a question concerning an addendum to the 9/12/12 contract between the City and Small Woodland Services, Inc. by which the expiration date of the contract was extended to June 30, 2016. On July 17, 2012, City Council approved a special procurement contracting procedure authorizing the City to select Small Woodland Services, Inc. as a contractor to provide specified services without soliciting competing proposals from other potential providers of such services. The request for City Council was supported by a Special Procurement Request (Form #9) dated July 11, 2012. Section 4 in Form #9 indicated the special procurement request was for the time period from 7/17/12 to 6/30/15. In contrast, a sentence in Section 7 stated the contract would be for three years with an option to grant two one-year extensions. The question, then, is whether Council's favorable action on the Special Procurement Request constituted (1) approval to issue of a contract that had to terminate no later than 6/30/15 or (2) approval to issue a contract whose termination date could be extended, through exercise of options, to 6/30/17? 1 interpret Council's action to have been approval to issue a contract whose termination date could be extended to 6/30/17. The reasons for this interpretation are summarized below. 1. The content of Form #9 contained an internal inconsistency that requires subsequent interpretation. 2. There was no need to include an end date in Section 4 of the special procurement request, since the purpose of the request was to seek approval of the process for procuring the contract (that is, for entering into the contract) - not to dictate the terms of the contract ultimately entered into. 3. The contract ultimately signed by both parties provided that the termination date could be extended, through exercise of options, to 6/30/17. 4. As a result of the addendum to the contract extending the expiration date to 6/30/16, the City is already bound to honor the contract beyond the end date entered in Section 4 of Form #9. Dave, David Lohman City Attorney City of Ashland 20 E. Main Street Ashland, Oregon 97520 (541) 488-5350 Fax: (541) 552-2092 www.ashiand.or.us CONFIDENTIALITY NOTICE: 1