HomeMy WebLinkAbout2018-085 Lomakatsi Restoration Project AMENDMENT NO. 2
to
CONTRACT FOR GOODS AND SERVICES
between
THE CITY OF ASHLAND,
an Oregon municipal corporation,
("City")
and
LOMAKATSI RESTORATION PROJECT,
("Contractor")
for
Forestry Services under the Ashland Forest All-Lands Restoration Initiative
RECITALS
A. The City and Contractor previously entered into a Contract for Goods and Services
effective February 28, 2017, (the "Contract") for the provision of forestry services under
the Ashland Forest All-Lands Restoration Initiative; and
B. The City and Contractor previously amended the Contract to extend its completion
date until June 30, 2018; and
C. The City and Contractor wish to further amend the Contract to increase the amount of
compensation to be paid to Contractor by$23,790.50.
AGREEMENT
NOW THEREFORE, in consideration of the mutual benefits and obligations set forth
herein,the parties agree as follows:
1. Amend the amount of compensation listed in the heading of the Contract as follows,with
strikeout wording deleted and underscored wording added:
COMPENSATION: Not to exceed $1,019,360.00$1,073,150.50
2. Amend the last sentence of Section 4, Compensation, of the Contract as follows,with
strikeout wording deleted and underscored wording added:
Compensation under this contract, including all costs and expenses of Contractor is
limited to $1,103,760.00$1,073,150.50, unless a separate written contract is entered into
by the City
3. This Amendment No. 2 is effective upon being signed by both parties.
Page 1 of 2: Amendment No.2 to Contract for Goods and Services between the City of Ashland and Lomakatsi
Restoration Project
•
4. Except as specifically modified by this Amendment No. 2, the terms and conditions of the
Contract remain in full force and effect.
IN WITNESS WHEREOF the parties have caused this Amendment No. 2 to be signed in their
respective names by their duly authorized representatives as of the dates set forth below:
CITY OF ASHLAND, OREGON LOMAKATSI RESTORATION PROJECT
By: � By: ,,,' / a/1//� AV'
Adam Hanks, Interim City Administrator E/� e cut;U�P D V c:-rCv
Date: /47//cf Date: l� - s r U I
Page 2 of 2: Amendment No.2 to Contract for Goods and Services between the City of Ashland and Lomakatsi
Restoration Project
•
Contract for GOODS AND SERVICES
CITY OF CONTRACTOR: Lomakatsi Restoration Project
ASHLAND CONTACT: Aaron Nauth
20 East Main Street
Ashland, Oregon 97520 ADDRESS: P.O. Box 3084, Ashland, OR 97520
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE: (541) 488-0208
DATE AGREEMENT PREPARED: FAX: nauth @lomakatsi.org
02/10/2017
BEGINNING DATE: 02/28/2017 COMPLETION DATE: 3/31/2018
COMPENSATION: Not to exceed $1,049,360.00
GOODS AND SERVICES TO BE PROVIDED: Lomakatsi Restoration Pxoject will provide forestry services
under the Ashland Forest All-lands Restoration Initiative, an approved Oregon Watershed Enhancement Board
Focused Implementation Partnership grant program. Lomakatsi Restoration Project will implement dry forest
habitat enhancement work on specific properties outlined in the Ashland Forest All-lands Restoration Initiative
Restoration Grant application (Exhibit D) and according to the Proposal in Exhibit C.
ADDITIONAL TERMS: Lomakatsi will follow the proposal attached as Exhibit C and objectives and timelines in
Exhibit D. Lomakatsi may choose to implement work through their own workforce, allocate funds to private
landowners, or sub-contract for services that meet the property-specific plans and prescriptions as approved
by the City.
NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY
AND CONTRACTOR AGREE as follows:
1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and
expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and
materials required for the proper performance of such work.
2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel
assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned
in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are
so registered, licensed and bonded. Contractor must also maintain a current City business license.
3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later
than the date indicated above and start performing the work under this contract on or after the beginning date
indicated above and complete the work by the completion date indicated above.
4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and
expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the
contract be prematurely terminated, payments will be made for work completed and accepted to date of termination.
Compensation under this contract, including all costs and expenses of Contractor, is limited to$1,103,760.00, unless
a separate written contract is entered into by the City.
5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of
City.
6. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are
made part of this contract.
7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is
$20,283.20 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a
living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor
who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached
hereto as Exhibit B predominantly in areas where it will be seen by all employees.
8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses,judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction)to property, of
whatsoever nature arising out of or incident to the performance of this contract by Contractor(including but not limited
to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this
contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs,
judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
\ Contract for Goods and Services, Revised 06/30/2011, Page 1 of 8
ADDENDUM TO CITY OF ASHLAND
CONTRACT FOR GOODS AND SERVICES
Addendum made this 30th day of March, 2018, between the City of Ashland ("City") and
Lomakatsi Restoration Project ("Contractor").
Recitals:
A. On 2/21/2017 , City and Contractor entered into a "City of Ashland Contract for
Goods and Services" (further referred to in this addendum as "the agreement").
B. The parties desire to amend the agreement to extend the date of completion to June
30th 2018.
NOW, THEREFORE, City and Contractor agree to amend the agreement as follows:
Agreements:
1. The date for completion as specified in Paragraph 3 of the agreement is extended to
June 30th, 2018.
2. Except as modified above, the terms of the agreement shall remain in full force and
effect.
The effective date of this Addendum is the date on which it has been signed below by
authorized representatives of both City and Contractor.
CONTRACTOR: CIS• . AND:
BY l BY
►, a 'MD:d
Its C�-z> Date 3 �
DATE '93,)// r•
Purchase Order# 20181000
Acct. No.: 072900.604106
(For City purposes only)
1-CITY OF ASHLAND,ADDENDUM TO CONTRACT FOR GOODS AND SERVICES
CORDER
Purchase Order
r� Fiscal Year 2018 Page: 1 of: 1
Ma—EMBIEFIMAIRI MAIM IsAtt===-
B City of Ashland
I ATTN: Accounts Payable Purchase
L 20 E. Main 20181000
Ashland, OR 97520 Order#
T Phone: 541/552-2010
0 Email: payable @ashland.or.us e D _
V H C/O Fire and Rescue Department
E LOMAKATSI RESTORATION PROJECT I 455 Siskiyou Blvd
N PO BOX 3084 P Ashland, OR 97520
Q ASHLAND, OR 97520 Phone: 541/482-2770
R T Fax: 541/488-5318
O
e.4=1aleleld=®1=€[=a l:@o ej=1— °1=73 de1=1 s 11SL=1 ' En=1g=18[a=
(541)488-0208 Chris Chambers
-e=
09/12/2017 540 FOB ASHLAND OR City Accounts Payable
=rte Dr4.E3 'li'[s7 ;5 –esa= C D1=�!'! LTf1 1°17rE� et M
Forestry Services
1 Lomakatsi Restoration Project Forestry Services 1 $552,810.0000 $552,810.00
Special Procurement-Approved by Council 02/21/2017
FY 17$496,550.00
FY 18 $552,810.00 - Balance of existing contract
Contract for Goods and Services
Completi
Project Account: E-000516-400
2 ADDED: Processed change order 06/15/2018 1 $23,790.5000 $23,790.50
Amendment No. 2
Amends the amount of the contract to make it the actual amount
of$1,073,150.50 per the attached contract amendment.
Project Account: E-000516-400
.k************** GL SUMMARY ***********.k***
072900 -604106 $576,600.50
By C Date:
A thorized .•nature =�-�_--I--it $576,600.50
jet 0
FORM #10 CITY OF
• CONTRACT AMENDMENT APPROVAL REQUEST FORM ASHLAND
Request for a Change Order
' Name of Supplier I Contractor I Consultant: Lomakatsl Restoration Project Total amount of this
contract amendment:
Purchase Order Number: 20181000
Title l Description:Special pmammen,mntrMwiNLamabbi Restrain Project k,Mprcmenlalbn WCre9'nWatershed Enhancemen,9card(tlWE6)PmjcC aantNMn9. $ 23,790.50
❑ Per attached contract amendment
Contract Amendment
Original contract amount $$1,049,360 100 . %of original contract
Total amount of previous contract amendments 0 0 %of original contract
Amount of this contract amendment $23,790.50 2.27 %of original contract
TOTAL AMOUNT OF CONTRACT $1,073,150.50 102.27 ,%of original contract
In accordance with OAR 137-047-0800:1)The amendment is within the scone 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.M amendment is not within the scone 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/Attach copy of CC.)
Sourcing Method:
SMALL PROCUREMENT•Less than$5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT,QRF or
❑'YES",the total amount of contract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50
amendments s$6,000. ❑ °YES",the total amount of cumulative amendments ❑"YES",the total amount of original contract and
❑If"NO°,amount exceeding authority requires 925%of original contract amount or$250,000 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 exceeding authority requires ❑If"NO°,amount exceeding authority requires Council
❑ Exempt—Reason: Council approval.Attach copy of Council approval.Attach copy of Council Communication.
PERSONAL SERVICES Communication. ❑ Exempt—Reason:
❑ 'YES",Direct appointment s$35,000 ❑ Exempt—Reason: .
❑ If'NO",requires approval.
INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT
Goods&Services-$5,000 to$100,000 ❑ "YES",the total amount of cumulative amendments ❑ Written Findings:Document the nature of the
Personal Services -$5,000 to$75,000 925%of original contract amount or$250,000 emergency,including necessity and circumstances
❑ IVES°,the total amount of cumulative whichever is less. requiring the contract amendment ,
amendments s 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 cony 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 ❑'YES",the original contract was approved by City Council.
within the amount and terms initially approved by Council as a Special rovide date approved by City Council: _ (Date)
Procurement If"NO°,Council approval is required.Attach copy of Council Communication.
❑ If"NO°,amount exceeding authority requires Council approval. �✓ ❑ Contract amendment approved and signed by City Administrator.
Attach cony of Council Communication. ,,/p v o °,
Expenditure must be charged tlll€appropd 3 t numbers for the financials to reflect the actual expenditures accurately.
Project Number 0 0 0 5 1 6. 0 o " count Number o 7 z 9 0 0- 6 0 a 1 0 a $_,_ ? a 7 s a s o
Project Number � Account Number • $_,_ _ _,_ _ _•_ _
-
Project Number • — — Account Number - ,S , ' _
_ _._
Employee Signat ���` _ e Department Head Signature: , k1/ /- /6 6
4
�r (Total amount oicontract 2$5,000)
City Administrator:
Funds appropriated for current fiscal year / NO (Equal to orgreatert i$25,900 or 10%)
Fip ce Direct• 'qua/to or greater than$5,000) Date
Comments: 7
Form#10—Contract Amendment Approval Request Form,Request for a Change Order,Page 1 of 1,3/15/2018
