HomeMy WebLinkAbout2009-181 CONT Addendum - Small Woodland Services
ADDENDUM TO CITY OF ASHLAND
CONTRACT FOR CONSULTING FORESTER AND FOREST SILVICULTURE
Addendum made this 6TH day of Auqust ,2009, between the City of Ashland
("City") and Small Woodland Services, Inc. ("Consultant").
Recitals:
A. On Julv 1. 2007 ,City and Consultant 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 date of completion".
City and Consultant agree to amend the agreement in the following manner:
1. The date for completion is extended to June 30, 2010.
2. Except as modified above the terms of the agreement shall remain in full force and
effect.
CONSULTANT:
CITY OF ASHLAND:
By~./4~~ BY p.~~ '~'J. '
.-/-../' If 'A II J Finjlnce D ector
Its j'J/fJe;/dMl i?JrS>>.?'#d'~4oi~~<pate ~ V""
DATE ~- 7-0C?
CONTENT REVIEW:
Date: <1/0/01
Purchase Order # C? 7 r 5"" -;,tJ
Accl. No.: ~7/). 0 'l. 2.1, O(). 00</ / &0
(For City purposes only)
1- CITY OF ASHLAND, CONTRACT FOR PERSONAL SERVICES <$25,000
~
~R .. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfOD/YYYY)
OP 10 SAW
SMALL-2 06/29/09.
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Protectors Insurance, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Pilot Rock Ins Agency LLC lCA) HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 4669 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Medford OR 97501
Phone: 541-773-5358 Fax: 541-772-1906 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A SAIF Corooration
INSURER B: Philadelphia Insurance Camp.
Small Woodland -Services Inc INSURER c:
Martin L Main
2799 C~ Baker Road INSURER 0:
~edford R 97501 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
AN'( REQUIREMENT, TERM OR CONDITION OF Am CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AfFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .
LTR NSR TYPE OF INSURANCE POLICY NUMBER J'RT~q~MJ6~1 b~ilf~~~~b~N LIMITS
~NERAL LIABILITY EACH OCCURRENCE $1,000,000
B X X COMMERCIAL GENERAL LIABILITY PGA002000 07/01/09 07/01/10 PREMISES (Ea ~~nce) $100,000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $5,000
- PERSONAL & ADV INJURY $ 1,000,000
~ Forestr E&O $lmil PGA002000 07/01/09 07/01/10 GENERAL AGGREGATE $1,000 000
~'LAGG:EnEILIMIT APnS PER: PRODUCTS - COMP/OP AGG $ 1,000,000
PRO-
POLICY JECT LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Eaaccidenl)
I--
I-- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (PElf person)
I--
B 0- HIRED AUTOS PGA002000 07/01/09 07/01/10 BDDIL Y INJURY
,
B 0- NON-OWNED AUTOS PGA002000 07/01/09 07/01/10 (PElfaccidenl)
I-- PROPERTY DAMAGE $
(Peraccidenl)
RRAGE UABIUTY AUTO ONLY - EA ACCIDENT $
AI'/'( AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
OESS I UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR 0 CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION ITO'~/l,~i+'s I IUE~-
AND EMPLOYERS' LIABILITY VIN
A ANY PROPRIETORIPARTNERlEXECUTIVD 433755 01/01/09 01/01/10 E.l. EACH ACCIDENT $ 500000
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE .500000
. g~~~I~tS~~b6'v~g?g~s below E.L. DISEASE - POLICY LIMIT .500000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Per policy endorsement CG2026, 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
CITYASH
SHOULD ANY OF THE ABOVE DESCRIBED POL.ICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR L.IABILlTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
City of Ashland
Ashland Fire & Rescue
455 Siskiyou Blvd
Ashland OR 97520
ACORD 25 (2009/01)
@ 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: PGA002000
COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s)
CITY OF ASHLAND
Information required to comolete this Schedule, if not shown above, will be shown in the Declarations.
Section II - Who Is An Insured is amended to in-
clude as an additional insured the person(s) or organi-
zation(s) shown in the Schedule, but only with respect
to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or
in part, by your acts or omissions or the acts or omis-
sions of those acting on your behalf:
A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or
. rented to you.
CG 20260704
@ ISO Properties, Inc., 2004
Page 1 of 1
o
A,ug. 10 . 2009 11: 46AM
Ashland Fire & Rescue Station 1
No. I (~'J
~.
~ .. CERTIFICATE OF LIABILITY INSURANCE O./lTE(!.lLII!lOi'l'YY"l'l
OP 10 BA~I I 06/29109
S~L-
P~ODUCER tHIS CERtiFICATE IS ISSUEO AS A MAHER Of INFORMAtiON
Prot~ato:rB Insu.r;;!lnOEl, LLC oNLY AND coNFERS No RIGHtS UPON THE CERTIFIcAtE
Pilot Rook Ina Agency LLC (CI\.) HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXHNO OR
PO Box .1669 ALTER THE COVERAGE A~~OROED BY lHr=: POLlCl~5 BELOW,
Medford OR 97501
~hone,54t-173-535B ~ax:541~?72-1906 ~~URER9 AFFOROINO COVERAGE NAIC~
--
IN5URED INSURER/-.! SAIF Coroora.tion
INSUREflS; ~Mhl:l8~phl. in~\'o.nc.oo e~
Small Woodland Services 1no '._'
MArtin L Main . IHSURE;R e~
-.
279~ Camg g~keB Road INfiUnl:RO; I
,Mad ord n. 7S 1 lN5URtRE;
~
COlJERAGES
nm POLICIES 01' lHSU/lAJiCE USTED DfLOVi HAVE IIfEN laSUEh''I'O '1'1-11; JI-lSLllU!llo 1w..~EO A.llOv!! 1"01\ r't1: POlloYf'EftlOO JNO{CAT(D, NOlWrn.larAJJOI~lO
ANT AEQUJREl'AENT, TffUAORCONDfTlON OF' PHfCOrrtflAcT OR OlllER OOCUMENTWlnl Fl.I!Sp~CrTOWl1!CllnrIS Cl!RIIFICATIO !.lAY lIE ll3SUED OR
MAY rERTAIN, niE IN8UfU,NCE; AffOROEC By TH~ POl,.ICIE~ OE~CRlIIEO IlER€lN IS SUlIJECTTO All THE TERMS, EXCLusIONS AND l;otlOITlQtJS OF Sl,lr;:H
POLICIES, Al;it.iREG/I,Tj;. LIMITS sHOWN MAT HAVE ElEEN REDUcED BY PAID C\...AlI~~, tm'1~Jtt~'I ~~
inS PCLICY' Nu/rlel;Ft I,IM(T5
m ," tiPoE:. CF l~eURANCoE:.
~Nt:~l LIABILITT I!ACN QCCURRErJce ,~ 000 000
E X lL 5~'EROIA{' OENERAt LI.l\BILnY PGAOO2000 07/0~/09 07101/10 rIlEMI!lE8l;"'~~Cflt>:II S 1_00}000
-- _ CJ,.A.IIASMAOE ~O(;Cl,J" ~~P{MLOI'\..?~rtOf\) ~ 5 000
!!!,~SOliAl8. ADV IHJUflV " 000 000
l< Forastr Z&O $lmi+. PGI\.002000 07/01/09' 07/01/10 GENEAAlAGGREGATE 01,000 000
hJ'~"'GO~r:ne.JUI'lfrAPnS PEfI: PRODUCTS .COMP/OP AGG '1 000 000
POLICY m?i LOC
~TOMO!lll61.I.l\DIUN r:OM8INEOSINl'3lI!LIMIT ,
AHY AUTO jEuGCkl<lnl)
e- -
e- All OWNED AUTOS BODilY INJUIlY
I SCHEoulfDAUlOS (POf~I"OI1J ,
e-
B 1\. H1AEOAUfOS PGI\.D02000 07/01/09 07/01{10 BODilY H~JUflY
B 1\. NON<lV/NEO AUTOS POI\.D02000 07/01{09 07/01/10 (t'>....DCG(lli::('lI) .
--- --
PROPIORTY DAMAGE ,
(PC'l'l:ICddtnl)
=rGE L14E1L1TY AutO 01/lY - EA.ACCIOEtlT ,
ANY AUTO Oll1t:R'JWl.l1 EAACC ,
AUTOONLV: I\CO ,
D~S5' U\\DJlElU UAB)UTr i::A,CH OCCuA-A.eNC& ,
OCCUIl 0 cLAJMS r,lAoE: .-
~~E(tATE ~. ,
,
R ~EPl,JcrlflU' ,
RETf:NTIotl , ,
Yj.,~FiI(EF<BCO"'P.eH!lATIO/,l , rT);,f./n~Ws I IU~~-
oV{OELlPlOYEAS'LlA.D1UN, Y/!-l 433755 01/01/09 01/01/10
A MY PROPfllE.TORIPAtl.TnERlEXECUTTI ft.L. EACH AccloeNT :s 500000
OfflCfruMEMllEn EXCLU OED?
IMQn<'l~IQIYII'lIiHI !~~EASE - 6\ EM~LOYEE , 500000
~~~~~~~~Ijf5f;-HS ~k>tI -
E.L. DISEASE!.. POLICY LIMIT :s500000
OTHER
DJ'6CltJI'TION OF OI'ERATroNlll LOCATIONS I vl;..lCL.l'6} eXClUSIOI1S Ml[)EO ll'l' EllDORSfM~NT I SPf:CLO.L PAOIt\!101IS
~er policy endorsement CG2026, it i~ ~gre6d and undGratood thac the
oertificate holder is nam~d as additional insured but on1y with rasp eat to
ita liabi1ity arising out of the aC~1vitics o~ ths nQmQd insured.
city of ABhl~nd
~shland Fire & ~eaQue
455 s~ek1You Blvd
ABhlond O~ 97520
CANC"LUTION
SHOULD AIN O~ THIi: ABOV.c DfSt:RltI~O PDUCI!!!! tit! G"AtICl::llEO e(;j:OAIlTIol!:.l:XflRA'rION
CITY AS>> OATE-nJEflEOF.lllEIS5UIIIGIfISUflER\'illl E.NDEAVOR TOIJAll ~ pp.'fsWAI'flE~
tlDTlCI> TO THe CERTIfICATE HOLDER NAMED TO THE LB,PT, BUT 'AllUIl.I! TO DO 80 SHAll
IMPO!j.!; liD oBut:lAnoN OR LlABllrr(O~ "NV KJ"ID lIP01~ 1t1~1tlSUIll!R. ITS AGENTS OR
REPAI::5Ern'ATlVl'ifj,
~~Ilt
@1B86-200aACORDl;ORPORATION, All rIghts reserved,
Thl;l ACORD name and logo am rllghallrlOld mllrJcs of ACORD
CERTlFICATt HOLDER
ACORD 2i (20001")
F~ 4<6'6'- 53d- 0
CITY Of
ASHLAND,
20 East Main Street
Ashland, Oregon 971220
Telephone: 541/488-6002
Fax: 541/488-5311
. I~vrv ~ '" ~ :::':o/r 7/ /' -,
CONTRACTOR: . Small Woodland,. Services, Inc. "'--''- ~ <r/ f v
L tfL-?L"-?'" <L-L-<?
C;LjP-P .". ~'-V ~ .
~ .52-(GL ~<Le
, ~
.. "
Contract for PERSONAL SERVICES
CONTACT: Marty Main
ADDRESS: 2779 Camp Baker Road
Medford, OR 97501
TELEPHONE: (541)778-4545
DATE AGREEMENT PREPARED:
BEGINNING DATE: July 1, 2007
COMPENSA nON:
Not to Exceed' $75,000 per fiscal year
SERVICES TO BE PROVIDED: Consulting Forester and Forest Land Silviculture. Services as set forth in the
attached scope of services, n .
ADDITIONAL TERMS: This contract may be extended by mutual consent of both parties annually for up to
three (3) additional years for a maximum period of five (5) years,
FAX:
COMPLETION DATE: June 30, 2009
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department
Head finds and determines that: (1 ) the services to be acquired are personal services; (2) the City does not have
adequate personnel nor resources to perform the services; (3) the statement of work represents the departmenfs plan for
utilization of sudh personal services; (4) the undersigned Contractor has specialized experience, education, training and
capability suffi.cient to perform the quality, quantity and type of work requested in the scope of work within the time and
financial constrtlints provided; . (5) the Contractor's proposal will best serve the needs of the City; and (6) the
compensation negotiated herein is fair and reasonable.
NOW THEREFCl"RE, in consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE
as foHows:
1. Findings I Rilcltations. The findings and recitations set forth above are true and correct and are Incorporated herein
by this reference, .
2. All Costs b]'/ Contractor: Contractor shall, at its own risk and expense, perform the personal services described
above and, liII1less otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. QualifiedWork: Contractor has represented, and by entering Into this contract now represents, that all personnel
assigned to ffhe work required under this contract are fully qualified to perform the service to which they will be
assigned in Sskilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are 'So registered, licensed and bonded. .
4. Completion 'Date: Contractor shall start performing the service under this contract by the beginning date indicated
above and oomplete the service by the completion date indicated above. . .
5. Compensation: City shall pay Contractor for service performed, including costs and expenses, the sum specified
above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work
completed Ira the prior month. Payments shall be made within 30 days of the date of the invoice, Should the contract
be prematullely terminated, payments will be made for work completed and accepted to date of termination,
6, OwnershipiOf Documents: All documents prepElred by Contractor pursuant to this contract shall be the property of
City. .
7. Statutory Riequirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8, Living WaQl& 'Requirements: If the amount of this contract is $16,936 or more, Contractor is required to comply with
chapter 3.12'ofthe 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 service work under
this contract. Contractor is also required to post the notice attached hereto as exhibit B predominantly in areas where
it will be seell:l by all employees. .
9, Indemnificldlon: 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 lIlature arising out of or incident to the performance of this contract by Contractor (including but not limited
to, Contracllllr's employees, agents, and others designated by Contractor to perform work or services attendant to this
contract). Oontractor shall not be held responsible for anv losses exoenses, claims. subroaations", actions, costs,
Ashland Forest WClIlllt Contract
Page 1 of7
, jllqgmenls, or other damages, directly; solely, and proximately caused by the negligence of City.
, '. . ". .
10. Termination:
a. . 'Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person. .
c. For Cause. City may terminate o'r modify this contract, in whole or in part, effective upon delivery of
written notice to Contractor, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county or 'other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contr'ilct or are
no longer eligible for the funding proposed for payments authorized by this contract; or
Iii. If any license or certificate required by iaw or regulation to be held by Contractor to provide the
services required by this contract is for any reas.on denied, revoked, ~uspended, or not renewed.
d, For Default or Breach. '. . .
i. Either City or Contractor may teiminate this contract in .the event of a breach of the contract by
the other. Prior to such termination the party seeking terminatibn shall give to the other PCirty
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach'within 15 days of ihe date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Contractor's'performance of each arid every obligation and duty under
this contract. City by written notice to Contractor of default or breach may at any time terminate
the whole or any part of this cOntract if Contractor fails to prOVide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (dl are not exclusive and are in
. addition to any other rights and remedies provided by law or under this contract.
e. . Obliaation/Liabilitv of Parties, . Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification, Howi:lver, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, cor d of this section, Contractor shall immediately cease all activities under
this contract, unless expres~ly directedothelWise by City in the notice' of termination, Further, upon. termination,
Contractor shall deliver to City all contract documents.. information, works-in-progress and other property that are
or would be deliverables had the contract been completed: City shall pay Contractor for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11, Independent Contractor Status:' Contractor is.an independent contractor and not an employee of the City,
Contraptor shall have the complete responsibility for the performance of this contract. Contractor shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Contractor is a subject employer that will comply with ORS 656,017, .
.12. Assignment and Subcontr!lcts: Contractor shall not assign this contract or subcontract any portion of the work.
wilhoutthe written consent of City; Any attempted asslgnmimt or subcontract without. written consent of City .shall be
void, Contractor shall qa fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontraclshall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of
any covenant, warranty, certification, or obligation it owes under the Contract; itS QRF status pursuant to the QF{F .
Rules or loses any license, certificate or Certification that is required to perform the Services or to qualify as a QRF if
Contractor has qualified as a QRF for this agreement; institutes an action for relief In bankruptcy or has instituted
against it an action for insolvency; .makes a general assignment for the benefit of creditors; or ceases doing business
on a regular. basis of the type identified in its obligations under the Coritract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Contractor shall at its own expense provide the following insurance:
a. Worker's Comoensation insurance in compliance with ORS 656.017, which r!!quires subject employers to
provide Oregon workers' compensation coverage for allttieir subject workers .
b. Professional L1abilitv insurance with a combined single limit, or the equivalent, of not less than
$1,000,000 for each claim, incident or occurrence, This is to cover damages caused by error, omission or
negligent acts related to the professional services to be provided under this contract.
c. . General L1abilitv insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for
each occurrence for Bodilv InlurY and Prooertv Damaae. It shall include contraclCJalliabilitv coveraae for the
Ashland Forest Work Contract
Page 2 of 7
in em'nityprovided under this contract. ..
d. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than $500,000,
for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned
vehicles, as applicable.
e. Notice of cancellation or chanae. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to
~C~ .
f. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with resped to Con'tractor's services to be provided under this Contract. As evidence of the insurance coverages '.
required by this Contract, the Contractor shall furnish acceptabie insurance certificates priorio commencing work
under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies
or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust
agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent
deductibles, self-insured' retentions and/or self-insurance. .
15. Governing Law; Jurlsdlction;Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for. the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized
representative, hereby consents to the 1m personam jurisdiction of said courts, In no event shall this section be
construed as a waiver bY City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction. .
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE i:NTIRE AGREEMENT BElWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIF.lCATION O.R CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRrTlNG AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT. UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS. .
17, Nonappropriations Clause. 'Funds Available and Authqrized: City has sufficient funds c\irrenUy available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City,effectlve upon the delivery of written notice to Contractor, with no further
liability to Contractor.
Certification. Contractor shaWsi n the cerUfication attached hereto as Exhibit Aand herein incor orated b reference.
CONTRACTOR ... ~ CITY OF ASHLAND:
BY
,N.
FINANCE DIR CTOR
DATE
DATE 7
CONTRACT AWARD AND FINDINGS DETERMINED BY:
By: . ~ i- i.J~
City Department Head
Date: s- ~.2..-t1'1
FederallD#
f3 -//r3 o/?'Q
ACCOUNT #
t,7tJ ot"..lf.OO_, (,,0'1'#>0
(For City purposes only)
'Completed W9 form must be .submitted with conlrqct
PURCHASE ORDER #
l?"7p~~
Ashland Forest Work Contract
Page 3 of7
EXHIBIT A
CERTIFICATIONSIREPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be
issued to it and (b) Contractor is not subjeCt to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a res~lt of a failure to report all iriterest or dividends, or (Iii) the IRS
has notified it that it is no longer subject to backup withholding, Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in 'accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally .
competent and duly licensed to perform the work, Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the 'contract documents, and has checked four or more of the following'
cdteria:
1>( (1) I carry out the labor or services at a loeation separate from my residence or is in a
specific portion of my residence, set aside asthelocation of the business,
~ (2) COmmercial advertising or business cards or a trade association membership are
purchased for the business,
(3) Telephone listing is used for the business separate from the personal residence listing.
k . (4) Labor or services are performed only pursuant to written contracts.
k (5) Labor or services are performed for two or more different persons within a period of one
year.
.J>( (6) I assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance rela.ting to the labor or services to be provided.
1!141/1~~.Rl/H#J~~~ 5-2/-1/7
Contractor (Date)
Ashland Forest Work Contract Page 4 of 7
Fann W;.9
(Rev. January 200~1
OepartmentofthsTrellSlJl)'
Irtemel Revenue ServIce
N Name
1J, S
~
Co
"
o
~!l
Co O'
~il
6S
~!l
L
o.u
=
U
~
c..
'"
.~
m
'"
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS.
Enter your TIN in the appropriate box: For Individuals, this Is your social security number (SSN).
However. for a resident alien, sole proprietor, or, disregarded entity, see the P.art I instructions on
page 3. For other entities, it Is your employer identification number (EIN). If you do not have a.number,
see How to get a. TIN on page 3.
Note: If the account is in more than one name, see the chart on page 4 for guidelines on 'whose number
roM~ .
Certification
Under penalties of perjury. I certify that:
1. The number shown on this fonn.ls my correct taxpayer Identification "l!mber (or 1 am waiting for a number to be.issued to me). and
2. I, am not subject to backl.:'p withholding b.ecause: (0) I am exempt from backup withholding. or (b) I ~ave not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all int~rest or dividends. or (e) the IRS has
notified me that I am no longer subject to backup withholding, anc;l
3. I am a U.S. person (includi~g a U.S. resident alien)..
Certification instructions. You must cross out Item Z above If you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all i.nterest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage Interest paid. acquisition or abandonment of secured property. cancellation of debt, contributions to an Individual retirement
arrangement (IRA). and generally, payments other than Interest and dividends. you are not required to sign the Certification. but you must
provide your correct TIN. (See the Instructions on page 4.) ,
O Indlviduall
Check appropriate box: Sole proprietor
Address (number. street, and apt. or suIte no.)
:2-77
I8J Corporation
w
r
Of? 4' 7
r-
List account number(s) here (optionaO
Tax a er Identification Number (TIN)
Sign
Here
Purpose of Form
A person who is required to file an information return with
the IRS, must obtain your correct taxpayer identification
number (TIN) to report for example, Income paid to you, real
estate transactions, mortgage interest you paid, acquisition
or abandonment of secured property, cancellation of debt. or
contributions you made to an IRA.
U.S. person. Use Form W-9 only If you are a U.S, person
Oncluding a resident alien), to provide your correct TIN to the
person requesting it (the requester) and. when applicable. to:
1. Certify that the TIN you are giving Is correct (or you are
waiting for a number to be Issued),
2. Certify that you are not subject to backup withholding,
or
~. Claim exemption from backup withholding if you are a
U.S, exempt payee,
Note: If a requester gives you a form other than Form W-9
to request your TIN, you must use the requester'!; form if it is
substantiaily similar to this Form W-9,
Foreign person, If you are a foreign person, use the
appropriate Form WoS (see Pub, S15, Withholding of Tax on
Nonresident Aliens and Foreign Entities).
O Exempt from backup.
withlioldlng
Requester's n~me and address (optional)
o Partnership 0 Other'" .___.:......unu
~
or
Pies-.
t 0.,." . 5-2/-0.
Nonresident alien who. becomes a resident alien.
Generally, only a nonresident alien individual may use the
terms of a tax treaty to reduce or eliminate U.s. tax on
certain types of income. . However. most tax tr'ea~ies co~taln a
provision known as a 'saving clause:" Exceptions speCified
in the saving c1aus~ may permit an exemption from ,ta~ t.o
continue for' certain types of income even after the- reCIpIent
has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S.-resident alien who is relying'on an .
exception contained In the saving clause of a tax treaty to
claim an exemption from U.S. la.x Ofl certain types of income,
you must attach a statement that specifies the following fiva
items:.
1. The treaty country, Generaliy, this must be the same
treaty under which YOU' claimed exemption from tax as a
nonresident alien.
2. The treaty article addressing the income. ,
3. The article number (or location) in the tax treaty that
contains the saving clause and its exceptions,
40 The type and amount of income that qualifies for the
exemption from tax. ..
5. Sufficient facts to justify the exemption from tax under
the terms of the treaty articl.e.
CaL No. 10231X
Fann W.9 (Rev. 1-2003)
, Ashland Forest Work Contract
Page 6 of 7
Page 1/1
~A'
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
CITY RECOR
;. '.'T";':::DATEt'!;;~JZJt~:
~t":.:.,~jP.b'NUMBER'~:. .:~
8/12/2009
09154
VENDOR: 001765
SMALL WOODLAND SERVICES, INC.
2779 CAMP BAKER ROAD
MEDFORD, OR 97501
SHIP TO: Ashland Fire Department
(541) 482-2770
455 SISKIYOU BLVD
ASHLAND, OR 97520
FOB Point:
Terms: Net 15 days
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.:
Contact: Margueritte Hickman
Confirming? No
EFQua",;ntfifr1)!l ~,)Jjnii'1~ ~~.::~'.rt"l'~":S~:~~"~~;_["..( ~.:t~:i\:_~tJi"'"; Descricitjo'n::;:};'ifC'i~~:~:r _',~::':~ .~;:,-.;~ ;:;~~; ;'::t:!i~ii~ ~i:~r~TInif"p.ricEE,~.n rtliiExt:~p.iice;
~.~~, J
Consulting Forester and Forest Land
Silviculture, Existing contract
extended to June 30, 2010
74,000.00
31LL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
74000.00
0.00
0.00
74,000.00
ti::';~ACcounHNumoe"'r1L~t~~ 12~fff:Oje~cifNlHn}jer.~Y~~1 ~tt::]AmounP ,~:,' ,~~.)~ ~t/AccounfNumbe';..'P~~ 2:.'~~~l\Rrorect.NUmbe-r~'j~;:~,~~~ ~!~:::,:Yi'A-mount{_"J;=~~
E 670.08.29.00.60416 74 000.00
.J.- L ~
M--
AU~ignatu:(tJ?
VENDOR COPY
I FORM #11 I
."'::~-":::"T':r~":A:=:i;~0~~~:'~ -":,,,~-... .; -::J-Q":':-Y~T',J ~'-::.;'-; ";.r "",j
G:e0BS'f~ND:~SERWIGES
h.;~, "--:~~~_,;.,'>.;'~- '- .:;..:#, ..:._..;;,"'...~_""'::......__._.. .......,.:...;~'~.::...j
CHANGE ORDER/CONTRACT AMENDMENT
APPROVAL REQUEST FORM
CITY OF
ASHLAND
Description of Change Orderi Contract Amendment to original contract
Contractor: .....,- '_ _ _ '" /? /?
~ ~~=--.r ""-<<-0"
Purchase Order Number: ;0 9 { c:;;- "'-P
Description: (!.iJ.--?u~_(.("j! '1-,,-, ~---r-U' ,,-'I""<.L.-7 ~.CL
~c1--Y<.L--fJ.,t!. /Jl.A4L ;S] (v,< e. u..L ~ ~'"'--
l
ffiolalvari'll;lunKoficl1iih:Qe,or1;!err:' ,,".,
. .~~'i?-~'I2/-i:*> ~~K~':l? ~,~
r$..,'7~'.~~ ~e.).~
If' ~_ 9.:' ~ _ "i"" ~'. _.,:t,,;" _ .;:,
~ 'J" <.'..:.;~.~.v;" '.f!~
.~ ,.' ":'j
) ", '" ,.' ~. ,...1
.' \~
~r attached contract amendment
.'
-~....... """--.- - . - ",'
.>..._ .<.l_.'~
~:'-:-;::-'~~:::""\7""~.-':'-~-7"'"_~t""'- ",' -. ,!..~::-:-:;~~. .~~-....~--;_=~.:_...,.-:\
ConfraCtiAmendm'enMof:GG.ODS',&.'SERv'I.CES
-----..-..'--..-, --."--, -.-
Original contract amount cF Y .P-t?/O
$
7 "'"i' t?"---6-C) .R--J2'
~ % of original contract
T otai amount of previous contract amendments
------
---------
% of original contract
Amount of this contract amendment
% of original contract
TOTAL AMOUNT OF CONTRACT
$ 7 ~ t:9-C? c,
~
% of original contract
Is the total aggregate cost change for the Goods & Services contract
less than or equal to 35%' of the original contract amount?
YES_ NO _ NotAppiicable~
If "No", City Councii approval is required. City Council approval was received on
(Date)
Are there any applicable performance or payment bonds and insurance coverages
that need to be adjusted to accqunt for the change in the contract amount? YES _ NO ,......-. Not Appiicable _
Was the original contract approved by the City Council, or is it exempt?
~ I'IL<..~~ eJf-~,-'5jL-Y<LSr:-
YES (Appro d by Council) C2__p-nJ (7, ~ "7
(Date) ,
NO (ExempUNot Required)
Additional information:
EK'~~
e ~~a.-d-
(Reason for exemption)
e."'~a&--~~~~.cJ2 Or:; -::;0 -a-f
c..e k 'lJ'GL"A:::;;i' -,...f ~c t/ ~--=!.:"'3-8-,;2...& r 0
Prepared by:
iZ~~
cO{P ---(?- -c9-j
, /
Please circle:
Department:
~
~""~ .~
Lee Tuneberg ....
~!J/J?
. .
Not Approved
Date:
Date:
Form #11 - Contract Amendment Approvai Request Form, Page 1 of 1, 8/13/2009
A request for a Purchase Order
REQUISITION FORM
CITY OF
ASHLAND
THIS REQUEST IS A:
D Change Order(existing PO #
Date of Request: 1.q.4'~eG-'4f
Required Date of Delivery/Service: I... "" '., I
~ .,,__e_jJ L-U",-_&. d2-e&~d!. ~ ~i/c.c~
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
SOLICITATION PROCESS
Small Procurement o Sole Source 0 Invitation to Bid
0 Less than $5,000 o Written findings attached (Copies on file)
o Quotes (optional) o Quote or Proposal attached
Coooerative Procurement 0 Reauest for ProDosal
o State of ORlWA contract (Copies on tile)
Intermediate Procurement o other government agency contract 0 SDecial1 ExemDt
o (3) Written Quotes 0 Copy of contract attached 0 Written findings attached
(Copies attached) 0 Quote or ProDOsal attached
0 Contract # 0 Emeraencv
0 Written findings attached
0 Quote or Proposal attached
Description of SERVICES Total Cost
e /l.--?l 5--u A'..V!--t ^-;;q F~J'_ g_'f2~';":.~ h '..:i~,":,7/', '\~;;'J.'
..r- (7 L ,:> , j '.: d"'V;"i:,:.~;~2i ~-K6ie."
~d! Cr-~~'-- ~Ld ~1'V<:,e...?-C-L'iC-I!.(r;. J':', -~.-.~ ._':,';'J;'.r;,::'~ '" -'r
D per~~ei~~t,a <-L ~~-~&~~~ ~ ( 0 :l~[1fAqfJ4::::?:, ",.?
Item #
Quantity
Unit
Description of MATERIALS
~/7c/ ~//7;
Unit Price
Tot~ Cost
If?, () 00
. .
/
2.
'. '.n
Project Number ______. ___
D Per attached QUOTE
Account Number~ZQ. {!!.-n.fl/l. f;()'jl~f2
. Items and seIVices must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accuralety.
By signing this requisition form, I cerlify that the information provided above meets the City of Ashland public contracting requirements,
and the documentation can provide:z:;.n request. >>/'
Employee Signature: ~ c.hSupervisor/Dept. Head Signature:
G; Finance\Procedure\AP\Forms\8_Requisition form revised.doc
Updated on: 8i6/2009