HomeMy WebLinkAbout2000-146 Contract - Small Woodlands Services CITY OF ASHLAND
CONTRACT FOR SILVICULTURAL ACTIVITIES ON CITY-OWNED FOREST LANDS
Contract made on the date specified below in Recital A between the City and
Contractor as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND
20 E. Main St.
Ashland, Oregon 97520
(541) 488-5350
FAX: (541) 488-5311
Contractor: Small Woodlands Services, Inc.
Address: 1305 Butte Falls Hwy
Eagle Point, OR 97524
Telephone: (541) 826-5306
FAX:
Date of this agreement: ¶B. Date of RFP: May 20, 1996
May 1, 2000 Proposal date: July 1, 1996
¶4. Beginning date: July 1, 2000 Ending date: June 30, 2001
¶6.1. Contractor's representative:Mr. Marry Main
¶7. Contracting officer: Keith E. Woodley
¶9. Contract amount: Not to exceed $70,000.
B. City issued a request for proposals (RFP), on the date specified in Recital A above,
for silvicultural activities on city-owned forest lands. Contractor submitted a proposal in
response to the RFP on the date specified in Recital A above.
C. After reviewing Contractor's proposal and proposals submitted by other offerors,
City selected Contractor to provide the services and construction covered by the RFP.
City and Contractor agree as follows:
1. Contract Documents: This contract is made as a result of a Request for Proposals
(RFP) issued by City on the date specified in Recital A, and shall serve as a legally
binding agreement between the parties.
2. ScoPe of Services:
2.1. Contractor shall perform the services described in the RFP when requested
to do so by City. The term "services" as used in this contract shall include all work that
is performed in planning, conducting, monitoring and evaluating silvicultural projects on
city owned forest lands. Examples of these activities may include silvicultural
inventories and prescription, timber sale preparation and administration and/or other
professional work and other non-commercial silvicultural activities as deemed
necessary by City. Also included are all reports, documents and other tangible items
that are produced by Contractor for City pursuant to this contract.
2.2. The Contractor shall provide completion reports on work performed for the
City, which shall accompany the billing for services.
3. Quality of Service:
3.1. Contractor shall perform its services as an independent contractor in
accordance with generally accepted standards in Contractor's profession or trade.
Contractor shall be responsible for the professional quality, technical accuracy, and the
coordination of all services performed by Contractor under this contract. Contractor
shall, without additional compensation, correct or revise any error or deficiencies that
are the result of Contractor's negligence. City's review, approval, acceptance of, or
payment for, any of the services covered by this contract shall not be construed to
operate as waiver of any rights under this contract or of any cause of action arising out
of the performance of this contract. Contractor shall be and remain liable to City in
accordance with applicable law for all damages to City caused by Contractor's negligent
performance of services.
3.2. Contractor shall perform the services as expeditiously as is consistent with
professional skill and care. Upon request of City, the Contractor shall submit for the
City's approval, a schedule for the performance of Contractor's services. The schedule
shall include allowance for periods of time required for City's review and approval of the
Contractor's services. The schedule approved by City shall become a part of this
contract.
4. Term: The initial term of this contract shall begin and end on the dates specified in
Recital A, unless sooner terminated as provided in this agreement.
5. Contractor's Representative:
5.1 The services covered by this contract shall be rendered by, or under the
supervision of the person named in Recital A, who shall act as Contractor's
representative in all communications and transactions with City.
6. Authority of Contracting Officer: The Contracting Officer for this contract is named in
Recital A. The Contracting Officer shall have the authority to act on behalf of City in the
administration and interpretation of this contract.
7. Responsibilities of City: City will provide information, documents, materials and
services that are within the possession or control of City and are required by Contractor
for performance of the services. City shall cooperate fully with Contractor to achieve
the objectives of this contract.
8. Payment: City shall pay Contractor for services performed by Contractor the sum
stated in Recital A. Contractor shall submit monthly invoices to City for Contractor's
services within ten days after the end of the month covered by the invoice. City shall
pay Contractor within thirty days after receipt and approval of the invoice.
8.1 All payments during the construction phase of the project will be made at the
times and in the manner provided in the contract documents.
9. Compliance with Law: The provisions of this contract shall be construed in
accordance with the laws of the State of Oregon. Contractor agrees that while
providing services covered by this contract, Contractor will comply with all applicable
state, federal and local laws, rules, regulations and ordinances including, but not limited
to, the laws and rules cited in this paragraph. Any provision of this contract in conflict
with applicable laws, rules, regulations or ordinances is void.
10. Ownership of Documents: All documents prepared by Contractor pursuant to this
contract shall be the property of City.
11. Default: A default shall occur under any of the following circumstances:
11.1 If the Contractor shall become insolvent or declared bankrupt, or commit
any act of bankruptcy or insolvency, or allow any final judgment to stand against the
Contractor unsatisfied for a period of 48 hours, or shall make an assignment for the
benefit of creditors.
11.2 If either party fails to perform any act or obligation required of that party by
this contract within ten days after the other party gives written notice specifying the
nature of the breach with reasonable particularity. If the breach specified in the notice
is of such a nature that it cannot be completely cured within the ten day period, no
default shall occur if the party receiving the notice begins performance of the act or
obligation within the thirty day period and thereafter proceeds with reasonable diligence
and in good faith to effect the remedy as soon as practicable.
11.3 Notwithstanding subparagraphs 13.1 through 13.3, either party may
declare a default by written notice to the other party, without allowing an opportunity to
cure, if the other party repeatedly breaches the terms of this agreement.
12. Remedies: If a default occurs, the party injured by the default may elect to
terminate this contract and pursue any equitable or legal rights and remedies available
under Oregon law. All remedies shall be cumulative.
12.1 Any litigation arising out of this contract shall be conducted in Circuit Court
or District Court of the State of Oregon for Jackson County.
13. Termination without Cause:
13.1 In addition to the right to terminate this contract under paragraph 15, City
shall have the right to terminate giving Contractor written notice sixty days prior to the
termination date.
13.2 In the event that City requests termination of services under this
subparagraph, Contractor reserves the right to complete such analyses and records as
may be necessary to place its files in order and, where considered necessary to protect
its professional reputation, to complete a report on the work performed to date of
termination.
13.3 If this contract is terminated under this subparagraph, Contractor shall be
paid for all fees earned and costs incurred prior to the termination date. Contractor
shall not be entitled to compensated for lost profits.
14. Notices: Any notice required to be given under this contract or any notice required
to be given by law shall be in writing and may be given by personal delivery or by
registered or certified mail, or by any other manner prescribed by law. Notices to City
shall be addressed as indicated in Recital A and notices to Contractor shall be
addressed as indicated in Recital A.
15. Assi(~nment: City and Contractor and the respective successors, administrators,
assigns and legal representatives of each are bound by this contract to the other party
to this contract and to the partners, successors, administrators, assigns and legal
representatives of such other party. Contractor shall not assign or subcontract
Contractor's rights or obligations under this contract without prior written consent of
City. Except as stated in this subparagraph, nothing in this contract shall be construed
to give any rights or benefits to anyone other than City and Contractor.
16. City Benefits: This contract is not intended to entitle the principals or employees of
Contractor to any benefits generally granted to City employees. Without limitation, but
by way of illustration, the benefits which are not intended to be extended by this
contract are vacation, holiday and sick leave, other leaves with pay, tenure, medical
and dental coverage, life and disability insurance, overtime, social security, workers'
compensation, unemployment compensation, or retirement benefits (except insofar as
benefits are otherwise required by law if the Contractor is presently a member of the
ublic Employees Retirement System).
17. Severability: If any provision of this contract shall be held to be invalid or illegal,
such invalidity or illegality shall not affect any other provisions of this contract, and this
contract shall be construed as if such invalid or illegal provision had never been
included in the contract.
18. Modification No modification of this contract shall be valid unless in writing and
signed by the parties.
19. No Waiver: No term or provision of this contract shall be deemed waived and no
breach excused, unless such waiver is written and signed by the party claimed to have
made the waiver. Any waiver of a breach shall not constitute a waiver of any other
different or subsequent breach.
20. Prior ^,qreements: The contract documents constitute the entire, final and
complete agreement of the parties pertaining to the services, and supersede and
replace all prior and existing written or oral understandings except as otherwise
continued in effect by the terms of this contract.
21. Indemnification: To the extent permitted by the Oregon Constitution and the City's
charter, the City shall, within the limits of the Oregon Tort Claims Act, indemnify
Contractor, its officers and employees against any liability for damage to life or property
arising from landslides or earth movement resulting from removal of trees on sloped
areas and related to services performed by Contractor under this contract. The City
shall not be required to indemnify Contractor for any such liability arising out of the
wrongful acts of the Contractor or the officers or employees of Contractor. Wrongful
acts does not mean or include negligent acts.
Contractor
CITY
REVIEWED,,~S. TO CONTENT
BY
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Date:
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REQUISITION
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VENDOFI: 001765
SMALL WOODLANDS SERVICES, INC.
1305 BUTTE FALLS HWY
EAGLE POINT, OR 97524
CITY OF ASHLAND
20 ~:. MAIN ST.
ASHLAND, OR 97520
SHIP TO:
Ashland Fire Department
(541) 482-2770
455 SISKIYOU BLVD
ASHLAND, OR 97520
PAGE 1
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01398
FOB Point:
Terms: Net 30 days
Req. Del. Date:
Special Inst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Keith Woodley
Confirming? N
' ~itdfire fuels treatment on C~ty-owned 70,000 0¢
Forest lands, Per contract May 1,2000
Ferm: July 1, 2000 to June 30,200t
~ot to exceed $70,000,00
SUBTOTAL 70.000.0C
BILL To:Account Payable TAX .0[
20 EAST MAIN ST FREIGHT .0C
541-552 2010 TOTAL 70,000.0[
ASHLAND, OR 97520
E 670.08 29.00.604160 70,000,00
VENDOR COPY