HomeMy WebLinkAbout2013-251 Contract - Small Woodland Services
Contract for PERSONAL SERVICES
- C I T Y or CONSULTANT: Small Woodland Services, Inc
ASHLAND CONTACT: Marty Main, President
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 2779 Camp Baker Road
Telephone: 5411488-6002 Medford, OR 97501
Fax: 541/488-5311
TELEPHONE: (541)778-4545
DATE AGREEMENT PREPARED: 9/12/2012 FAX: mmain3@mind.net
BEGINNING DATE: 9/12/2012 COMPLETION DATE: 6/30/2014
COMPENSATION: Up to 50 dollars per hour (see proposal, Exhibit C) not to exceed 74,000 dollars in a single
fiscal year.
SERVICES TO BE PROVIDED: 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 silvicultural
treatments and an associated tasks as requested b the City and agreed to b the contractor.
ADDITIONAL TERMS: This contract may be extended by mutual consent of both parties annually for up to
three (3) additional years for a maximum of five (5) years.
FINDINGS:
Pursuant to AMC 2.50.120, 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 department's plan for utilization of such
personal services; (4) the undersigned consultant has speciarized experience, education, training and capability sufficient
to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints
provided; (5) the consultant's proposal will best serve the needs, of the City; and (6) the compensation negotiated herein
is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service 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.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service 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.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements:.ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $19,494 or more, Consultant 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 service work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees.
9. Indemnification: Consultant 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 b Consultant (including but not
Contract for Personal Services, Revised 06130/2012, Page t of 5
limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services
attendant to this contract). Consultant 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.
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 or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, 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 contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or .
ill. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
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 the date of the notice, or within such other period as
the parry 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 Consultants performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant 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 (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obligation/Liability 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. However, upon receiving a notice of termination (regardless whether.such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant 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 Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to. perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the-work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be 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 subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant 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 Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liability 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 Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for
each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the
indemnity provided under this contract.
Contract for Personal Services, Revised 06/3012012, Page 2 of 5
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$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 change. 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 Consultant or its insurer(s) to
the City.
f. Additional Insured/Certificates of Insurance. Consultant 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 respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and
non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish
acceptable insurance certificates prior to 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
Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-
insurance.
15. Governing Law; Jurisdiction; 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 Consultant 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. Consultant, by the signature herein of its authorized
representative, hereby consents to the in 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 ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OFiTERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING 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.
CONSULTANT, 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 Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
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, effective upon the delivery of written notice'to Consultant, with no further
liability to Consultant.
Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference.
Consultant: City of Ashland
By f J/e By ~ Ce,C^41 d
Signature Departmen Head
&(I.114 /-'eam JbYIN LCA/e~S
Print Name Print Name
Title °~~(/~~G25 dlt✓ Date
W-9 One copy of a W-9 is to be submitted with
the signed contract. Purchase Order No. C L' /
APED AS 0 M
t" C'
Sin re a
Date
Contract for Personal Services, Revised 06/30/2012, Page 3 of 5
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: 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 result of a failure to report all interest 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
criteria:
(1) l carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listnis used for the business separate from the personal residence listing:
(4) Labor or services are performed only pursuant to written contracts.
D5 (5) Labor or services are performed for two or more different persons within a period of one
year.
(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 relating to the labor or services to be provided.
Contractor ~dl2ct`J~®~G'' C (Date)
Contract for Personal Services, Revised 06/30/2012, Page 4 of 5
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l-~ OP ID: TMF
CERTIFICATE OF LIABILITY INSURANCE F7oi12.11Z '
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.' THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pulicy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement an INS certificate does not confer rights to the
cortlfieafa holder In Ilou of such endarcemanl s .
PRODUCER 541-7T3.5358 E• Terry Friend
Protectors Insurance, LLC PHONE
Pilot Rock Ins Agency LLC (CA) 541-772-190 ae o EL • 541.773.5358 uc No: 541-772-1906 1~}I
PO Box 4669 - s• ter rotectOrstns.com
Medford, OR 97501 SMALL-2 ~3t
Karol M. Igou . ~.I)
NSURFJt B)AFFOROWGCOVERAGE "of
WSURED Small Woodland Services Inc INSURERA: SAIF Co oration
_ Martin L Main INSURER B: Philadelphia Insurance Comp. 2799 Camp Baker Road NSIIRER C: I
Medford, OR 97501
wsImERD:
NSURIRH
COVERAGES CERTIFICATE UMBER: REVISION NUMBER-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD.
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
aR TypEOF MSURANCE POLICYNUMBER IW "AMIDOrn-M LW S
GENERALLIABILIfY . EACH OCCUZZ54CE L 1,000,00
B % coLSdExwL GENERAL LweluTY % PGA004000 07101112 07101113 SES E o ce t 100,00-
CINMGMAOE QOCCUR hffOO~ ane ps5anl t 5,00(
Paxsatw.aAOV IrOtmr s 1,000,00
X Forestr E&O $lmil POA004000 07/61113 07101113 GENFRALADGREGATE 5 i'000,00
GEN'L AGGREGATELIITAPPLIES PER. PROWC-COMP/CPAso P 1,000,00
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WORKERe c0M ABRATmON A ORf
AND EMPLOYERS' LU9ILRY
A ANIPROPRIETORRARBlELENECUNVE YIN NrA 433755 01/01!12 01/01/13 EL.EACHACCIDENT 600,00
4FFWlAML'MCIR!%CLLDEVT
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DESC deecdbe wrier
DES P NOF E P elmr E.L.OISFI.SE-POLICY LIMB 50000
DESCRIPnONOFOPEBATIONSILOCARONS/VEHICLES (Adach ACORD 101, Addlllonal Rem . Schedule, Smare space W Nquaed) -
It is agreed and understood that the certificate holder
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is named as additional Insured but onlpwith respect to Its
Ilnhilitynrieing nui nfthn nrfivltina of the nmmnd ina trad
TIFICATF HOLDER CANCELLATION
CITYASH
' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE! CANCELLED BEFORE
THE 'EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of
Ashland Ashlhl &and Rescue ACCORDANCE WITH THE POLICY PROVISIONS.
Fire
455 Slsklyou Blvd
Ashland, OR 97520 AUTHORIZED REPRESENfATNE
Karol M. Igou
O 1000-2009 ACORD CORPORATION: All rights reserved:
ACORD 25 (2009109) The ACORD name and logo are registered marks ofACORD -
Marty Main, President
Small Woodland Services, Inc. 2779 Camp Baker Road
Forest & Resource Managernent Medford, OR 97501
541 / 778-4545
City of Ashland Forestlands Work Proposal
Offeror: Marty Main, President
Small Woodland Services, Inc.
2779 Camp Baker Rd. Medford, Oregon 97501
Number of Years in Business: 32, including 17 contracting in various capacities with the City of
Ashland.
Work Proposal:
Small Woodland Services, Inc. (SWS) will provide the services of consulting and contracting forestry and
resource management assistance for the City of Ashland in the management of its forestlands, and as
assigned for work on adjacent federal lands. SWS will provide a variety of services, consistent with work
types and services that have occurred in previous contractual arrangements with the City. Services to be
provided will include the following:
Forestland management planning
• Consulting on technical forestry issues
• Preparation of silvicultural prescriptions and other management guidance
• Implementation of silvicultural treatments as appropriate
• Assist in development of plans to harvest merchantable trees to accomplish pre-designated
objectives, administer contracts related to that work and assist in marketing any products that
result from the implementation of forestland management activities
• . Monitoring and inventory of existing forest and resource conditions, as well as post-
implementation results
• Working with City staff, City Council and Forestlands Commission as needed and on an ongoing
basis
• Various activities associated with public engagement and education
• Any associated tasks as requested by the City and agreed to by SWS
Costs of Services:
A wide range of forest and resource consulting and contracting work activities are required of the
organization implementing the work under this proposal. Work projects are variable, and many evolve
over time, both in size and scope. For these and a variety of other operational and logistical reasons, SWS
proposes to continue working on a "labor and.materials" basis. Professional forestry consulting work
accomplished by the company President and Lead Forester, Marty Main, is charged at $50.00 per hour.
Other professional forestry work completed by trained foresters or experienced forestry technicians is
charged at $25.00- $40.00 per hour, depending on personnel experience and work complexity. Additional
forest contracting work is typically charged on a time and materials basis. Rarely, additional specific
expertise is subcontracted only if pre-approved by the City. SWS has completed all assigned tasks during
its entire contract relationship with the City, and it is believed that SWS has completed all forest and
resource management consulting and contracting activities with a high degree of quality at rates at or
below industry averages. No clients have ever made claims against SWS during its entire history.
"Specializing in professionally applied ecologically sensitive forest management
CITY OF
FORM #9 ASHLAND
SPECIAL PROCUREMENT
REQUEST FOR APPROVAL
To: City Council, Local Contract Review Board
From: Chris Chambers, Fire Department
Date: July 11, 2012
Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be, acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set
forth ORS 279B.085(4).
1-Requesting Department Name: Ashland Fire and Rescue
2. Department Contact Name: Chris Chambers
Type of Request: Class Special Procurement X ' Contract-specific Special Procurement
4. Time Period Requested: From 7/17/12 To: 6130115
5. Total Estimated Cost: Not to exceed $74,000 per year
6. Short title of the Procurement: City Forestry Consultant
Supplies and/or Services or class of Supplies and/or Services to be acquired:
The services will include technical consulting on a variety of forestry issues and implementation of
work on City forestlands as needed to accomVlish' goals set forth by the Forest Lands Commission and
City Council.
7. Background and Proposed Contracting P, rocedure: In 1996, the City of Ashland requested
proposals from qualified persons to provide technical consulting and silviculture activities on City-owned
forestlands in, and adjacent to, the City of Ashland and our municipal watershed. At that time, only one
response was received, and it was from Small Woodland Services, Inc. A contract for work was entered
into with Small Woodlands Services, Inc. and the contract period was not specified because it was not
known how many years it would take, given funding cycles, to conduct silviculture projects across the
1,075 acres of City-owned forest lands. In 2002, a second RFP was released for continuation of project
work and Small Woodland Services, Inc. was the only company to submit a proposal. Small Woodlands,
Inc created a systematic approach to ecosystem management on City forestlands during this time, gaining
site specific knowledge of ecological and social functioning that are equally imperative for successful
achievement of the goals set forth by the City Council and Forest Lands Commission.
Form #g - Special Procurement- Request for Approval, Page 1 of 4, 802012
Background: In 1996, the City of Ashland requested proposals from qualified persons to provide
technical consulting and silviculture activities on City-owned forestlands in, and adjacent.to, the,
City of Ashland and our municipal watershed. At that time, only one response was received, and
it was from Small Woodland Services, Inc. A contract for work was entered into with Small
Woodlands Services, Inc. and the contract.period was not specified because it was not known
how many years it would take, given funding cycles, to conduct silviculture projects across the
1,075 acres of City-owned forest lands. In 2002, a second RFP was released for continuation of
project work and Small Woodland Services, Inc. was the only company to submit a proposal.
Small Woodlands, Inc created a systematic approach to ecosystem management on City
forestlands during this time, gaining site specific knowledge of ecological and social functioning
that are equally imperative for successful outcomes on City owned forestlands in and
surrounding the Ashland Watershed.
Proposed procedure: The Fire Department is seeking an exemption from the competitive bid process to
directly award a contract for three (3) years, with option of two, one year extensions for a period not to .
exceed 5 years in total.
8. Justification for use of Special Procurement:
The City of Ashland has previously engaged Small Woodland Services as its technical
silviculture consultant on City forestlands and as technical consultant on the U.S. Forest Service
Ashland Forest Resiliency (AFR) Stewardship Project. Because of Small Woodland's
fundamental role in the development of various land management plans, monitoring data
protocols, work on the ground, and knowledge of the Ashland community, it is essential that
Small Woodland Services hie. be retained to perpetuate the City's work toward ecosystem based
forest stewardship. .
In the two previous RFPs released for Forest Work, Small Woodland Services, Inc. was the only
proposer to submit a proposal. This contract requires a service provider who is capable of
providing silvicultural and community education/relations work consultation services in support
of the City and in conjunction with the Forest Lands Commission. Small Woodlands Services,
Inc. is uniquely qualified to provide this broad range of services to the City of Ashland.
The City of Ashland has demonstrated a desire to use silvicultural work on its forest land
ownership as a learning laboratory, as well as carrying forth forest management actions designed
to improve forest ecosystem health. A variety of permanent study plots, and other experimental
wildfire fuels treatment strategies have been undertaken by Small Woodlands Services, Inc. on
City-owned forest lands. It would be difficult, if not impossible, to replicate or continue these
existing strategies and transfer the knowledge to future work and the AFR project with a change
in service providers. These strategies are an integral part of the implementation process of City
forestlands management and the Ashland Forest Resiliency project, linking past strategies and
goals with quantitative outcomes that form the basis for ongoing adaptive management and
policy making.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
Form #9 - Special Procurement- Request for Approval, Page 2 of 4,80012
There are no likely contractors with the depth and breadth of lmowledge and history specific to the
City of Ashland's forestlands and this has been proven in two prior bid periods where Small
Woodlands was the only bidder on these services.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and
x (b)(i) will result in substantial cost savings to the contracting agency or to the public
because:
Small Woodlands possesses knowledge and experience that would take another contractor a
sijzrificant amount of time to simply "get up to speed" This would be at a loss to the City since current
needs and ongoing projects are based on this foundation of lmowledge and experience.
(Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or
X (b)(ii) will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements of ORS 27913.055, 279B.060, 27913.065,
or 279B.070, or any rules adopted there under because:
Small Woodlands Services brines a unique set of skills and Imowledge that specifically benefits the
City of Ashland by combining ecosystem knowledge an understanding of Ashland's social fabric, and
g .
the ability to work with the public and partner agencies that uniquely benefits the Crty s well bein
through protection of natural resources and our only water supply.
Form #9 -Special Procurement- Request for Approval, Page 3 of 4, 81212012
Public Notice:
Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public
notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a
public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public
notice shall describe the Goods or Services or class of Goods or Services to be acquired through the
Special Procurement and shall give such public notice of the approval of a Special Procurement at
least seven (7) Days before Award of the Contract.
After the Special Procurement has been approved by the City Council, the following public notice will
be posted on the City's websitc to allow for the seven (7) day protest period.
Date Public Notice first appeared on www.ashland.or.us August 17, 2011
PUBLIC NOTICE
Approval of a Special Procurement
First date of publication: July 18`h, 2012
A request for approval of a Special Procurement was presented to and approved by the
City Council, acting as the Local Contract Review Board, on August 16, 2011.
This Special Procurement is a "Contract- specific Special Procurement The proposed
contracting procedure is a direct award to Small Woodlands Services, Inc. to fadfrll the
necessary requirements, duties andfunctions of a consultingforester. Small Woodlands
Services has a high level of expertise, extensive experience working on City ofAshland
forestlands and in Ashland's Watershed, which is extremely important to the City and the
ongoingAshland Forest Resiliency Stewardship Project.
It has been determined based on written findings that the Special Procurement will be
unlikely to encourage favoritism in the awarding of public contracts or to substantially
diminish competition for public contracts, and result in substantial cost savings or
substantially promote the public interest in a manner that could not be realized by
complying with the requirements that are applicable in ORS 279B.055, 279B.060,
279B.065, or 279B.070.
An affected person may protest the request for approval of a Special Procurement in
accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be
delivered to the following address: City of Ashland, Kari Olson, Purchasing
Representative, 90 N. Mountain, Ashland, OR 97520. The seven (7) day protest period
will expire at 5:00pm on July 251h 2012.
This public notice Is being published on the City's Internet World Wide Web site at least
seven days prior to the award of a public contract resulting from this request for approval
of a Special Procurement.
Form #9 • Spedal Procurement- Request for Approval, Page 4 of 4, 802012
SMALL-2 OP ID: TMF
CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODNYY11
06/27/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rights to the
certificate holder In lieu of such sndomement(s). _
PRODUCER Phone: 541-773-5358 CNAMEpCT Ter Friend
Protectors Insurance, LLC NE
Pilot Rock Ins Agency LLC (CA) Fax: 5411-772-11906 Arc Ne Exl: 541-7735358torsins.com uc,Ne:541-772-1906
PO Box 4669 i PHO1 ~ ter rotec
Medford, OR 97501
Karol M. Igou INSURER(S)AFFORDING COVERAGE NAICE
INSURERA: Tokio Marine Specialty Ins Co
INSURED Small Woodland Services Inc INSURERB:SAIF Corporation
Martin L Main INSURERC:
2779 Camp Baker Road -
Medford, OR 97501 INSURERD:
INSURER
IIVSUR2RP:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE POLICYNUMBER (MMIDDIYYYY) MMIDD LIMITS
fYYYY)
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00
A X COMMERCIAL GENERAL LIABILITY X PGA006000 07/0112013 07101/2014 PREMISES EaRE~D owurrencel $ 100,000
CLAIMS-MADE ~ OCCUR MED EKP (AM one person) $ 5,000
PERSONAL &ADV INJURY $ 1,000,00
X Forestr E&O $1mil GENFRPL AGGREGATE $ 1,000,00
GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,00
POLICY PE RCO LOC $
AUTOMOBILE LIABILITY E....Idant SINGLE LIMIT 1 1,000,00
person) $
A ANYAUTO PGA006600 071012013 07101/2014 BODILY INJURY (Per
ALL OWNED SCHEDULED BODILY INJURY(Peraccide(d) $
ALTO& AUTOS
$
Per accitlenl
X HIRED AUTOS XOµ gWD PROP DAM"
UMSRELLALVB OCCUR EACH OCCURRENCE $
EXCESS UAB CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
WORKERS COMPENSATION X WC STATIF Ohi-
I
AND EMPLOYERS' LIABILITY TORY LIMITS ER
B AWPROPRIETORIPARTNEPoEXECUIIVE Y N/A 433755 0110112013 01101/2614 El. EACH ACCIDENT 500,000
OMandERIMEn BER EXCLUDED? 5011,000
E. L. DI£EA£E Fh EMPLOYEE $
IF yes, descnbe under E.L. DISEASE - POLICY LIMIT $ 500,000
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS) VEHICLES (Patch ACORD 1D1, Additional Remarks Schedule, Ir 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
CITYASH
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS.
Ashland Fire & Rescue
455 SiskiyDu Blvd AUTHORIZED REPRESENTATIVE
Ashland, OR 97520 Karol M. Igou
OO 1988-2010 ACORD CORPORATION; All rights reserved'.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
Page 1/ 1
J~ CITY RECC'CE _
, T Y O F
. '7 -1
OW S H LAND 20 E MAIN ST. 7/25/2013 11737
ASHLAND, OR 97520
(541)488-5300,
VENDOR: 001765 SNIP To: Ashland Fire Department
SMALL WOODLAND SERVICES, INC. (541) 482-2770
PICK UP AT FRONT COUNTER 455 SISKIYOU BLVD
541-778-4545 ASHLAND, OR 97520
FOB Point: Req. No.:
Terms: Net 15 days Dept.:
Req. Del. Date: Contact: Chris Chambers
Special Inst: Confirming? NO
duantity. -Unit.Descrilion,Unitprice. Ext. Price.,..
Consultinq Forester Services 74,000.00
Not to exceed $74,000
Contract for Personal Services
Beginninq date: 09/1212012
Completion date: 06/30/2014
SUBTOTAL 74,000-00
BILL To: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 74,000.00
ASHLAND, OR 97520
_
Account Number_.Rroject Number Amount 'r. Account Number Project Number Amount
E 670.07.29.00.60416 7400000
VENDOR
`Authorized Signature COPv
~~RM#3 CITY OF
A regftpsd for a Pu chase Orckn ASHLAND
REQUISITION Date of request:
Required date for delivery:
Vendor Name j,-2nd t9)f & (7_.^ C p_
Address, City, State, Zip 2-77q t1- A21
Contact Name & Telephone Number C[a _ S
Fax Number
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 uola 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 If
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 y C until: i ! 2 Date original contract approved by Council:
❑ (3) Written proposals attached Valid until: Gt / i Date (Date)
Description of SERVICES Total Cost
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
" TOTAL COST
❑ Per attached quotelproposal $
Project Number Account Number
bl~Q~ 1 Q~ylV
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~ning this requi / i 'on f rm, I certify that the City's public contracting requirements have een a isfed.
Employee Signature: _ epartment Head Signature: `
Equal to or greater than $5,000)
Additional signatures (if applicable): c
Funds appropriated for current fiscal year. E NO 6/y, A i-X AY " C- I
Financ Direc or- (Equal to or greater than $5,000) Date
Comments. J F2 Y c GZ ct~~ d
Form #3 - Requisition