HomeMy WebLinkAbout2013-384 Contract - 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
10/23/2013
BEGINNING DATE: 10/30/2013 COMPLETION DATE: 6/30/2014
COMPENSATION: Up to $140,000 maximum,
GOODS AND SERVICES TO BE PROVIDED: Lomakatsi Restoration Project will provide forestry services for
the purpose of wildfire fuels reduction including project layout and planning, chainsaw thinning of trees and
brush, and brush piling according to Ashland Forest Resiliency project specifications and as agreed to by the
City and U.S. Forest Service and according to the Proposal in Exhibit C.
ADDITIONAL TERMS: Lomakatsi will follow proposal attached as Exhibit C. If the estimated acres are
accomplished at less than the maximum contract amount, Lomakatsi will work with the City and U.S. Forest
Service to design and implement further treatments to meet the maximum allowable compensation. Similarly, if
the proposed units do not meet the contracted amount, Lomakatsi will work with the City and Forest Service to
designate appropriate additional area.
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 by 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 ~SD6946; unless a
separate written contract is entered into by the City. ✓+o,ooc
5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the pro-0erty of
City.
6. Statutory Requirements: ORS 2796.220, 2796.225, 279B.230, 2798.235, 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 $18,890 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 b the negligence of City.
Contract for Goods and Services lzesethan$25t39B, Revised 06/30/2011, Page 1 of 9
9. 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 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 contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Contractor 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 Contractor 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 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 and 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 (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, Contractor shall immediately cease all activities under
this contract, unless expressly directed otherwise 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.
10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City.
Contractor shall have the complete responsibility for the performance of this contract.
11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated
against minority, women or emerging small businesses enterprises in obtaining any required subcontracts.
Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor
understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to
City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any
requirement of ORS 279A.110 or the administrative rules implementing the Statute.
12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an
asbestos abatement license.
13. Assignment and Subcontracts: Contractor 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. Contractor 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.
14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible
in the performance of the contract work set forth in this document.
15. 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; if it loses its QRF status pursuant to
the QRF Rules or loses any license, certificate br certification that is required to perform the work 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 Contract; or attempts to assign rights in,
or delegate duties under, the Contract.
16. Insurance. Contractor 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
Contract for Goods and Services , Revised 06/30/2011, Page 2 of 9
b. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000
combined or 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.
C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than
$1,000,000, for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-
owned vehicles, as applicable.
d. Notice of cancellation or chance. 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
the City.
e. 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 respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages
required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work
under this contract. The contractor's insurance is primary and non-contributory. 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.
17. 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 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 shalhbe 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 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.
18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS 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.
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.
19. 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. 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, effective upon the delivery of written notice to Contractor, with no further
liability to Contractor.
20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is
required before any work may begin under this contract.
21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by
reference.
Contract for Goods and Services 6ess44en-$25;809 Revised 06/3012011, Page 3 of 9
Contractor: City of Ashland
By t~ By "
Signa ure Departm t Head
murk() .I 30H fI-A
Print Name Print Name
[X-:e(-Uj,jv4 [);r,ec}or Ia 13
Title Date
W-9 One copy of a W-9 is to be submitted with ( -7~/
the signed contract. Purchase Order No.
a-4.
tt tzlis
fA,7~R07[) 3 FORM
Ashle ItyAttomey
Date t I - I ti L3
Contract for Goods and Services-hess-than $25,,6M Re , Page 4 of 9
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) 1 carry out the labor or services at a location separate from my residence or is in a
V 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 listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one
/ year.
y (6) 1 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.
1124-
r
Contractor (Date)
Contract for Goods and Services L 06/30/2011, Page 5 of 9
CITY OF ASHLAND, OREGON
Exhibit B
City of Ashland
LIVING WAGE
employers ALL comply below must of Ashland laws regulating
payment of a living wage.
~gper+hour, 'effective June 3'0--"'01&-,;,W
~dall
The Living }Wage is adJuste&,1 qually every
June 30 by theConsumer;Prce Index'-.
portion of business of their cafeteria plans (including
employer, if the employer has childcare) benefits to the
ten or more employees, and amount of wages received by
has received financial the employee.
assistance for the project or
➢ For all hWworkedunder business from the City of ➢ Note: "Employee" does not
service contract between their Ashland in excess of $19,825. include temporary or part-time
employer and the City of employees hired for less than
Ashland if the contract ➢ If their employer is the City of 1040 hours in any twelve-
exceeds $19,825 or more. Ashland, including the Parks month period. For more
and Recreation Department. details on applicability of this
➢ For all hours worked in a policy, please see Ashland
month if the employee spends ➢ In calculating the living wage, Municipal Code Section
50% or more of the employers may add the value 3.12.020.
employee's time in that month of health care, retirement,
working on a project or 401 K and IRS eligible
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at
www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be
seen by all employees.
Contract for Goods and Services Less than $25,000, Revised 06/30/2011, Page 6 of 9 C 1 T Y 0 F
ASHLAND
Exhibit C
Funding Request to City of Ashland Monday, October 14, 2013
To:
Chris Chambers, Forest Division Chief, Ashland Fire & Rescue
From:
Lomakatsi Restoration Project
RE:
Proposal for Additional Project Work on Ashland Forest Resiliency Stewardship Project (AFR)
Chris,
Please share this proposal prepared by Lomakatsi for continuing our ongoing surface and ladder fuel
treatments at AFR with funding from the City of Ashland. Thank you for your time and consideration.
Lomakatsi Restoration Project Role in AFR Stewardship Project Partnership
As a partner in the AFR project, Lomakatsi Restoration Project has been the lead
implementation and contractual entity accomplishing over 2000 acres of
surface and ladder fuel and ground-based density management treatments
since 2010. Working closely with the City of Ashland, The Nature Conservancy
and the US Forest Service, Lomakatsi proposes to continue fuel hazard reduction
work, by implementing treatments in additional units in the Ashland Watershed
as part of the AFR project (see attached maps). Lomakatsi provides expertise
and capacity in project development, planning, management, fine-scale
ecological treatment design, monitoring, and implementation for ecosystem
restoration projects. Lomakatsi employs a highly specialized local workforce
trained and managed specifically to implement complicated ecological
prescriptions developed by the partners for the AFR project while keeping costs
below the industry standard.
Treatment Location and Details
Adjacent to recently treated units in "Block 2" of the Ashland Resiliency
Stewardship Project, Lomakatsi is proposing to accomplish additional surface
and ladder fuel treatments by implementing ecologically-based thinning
followed by hand piling. The fundamental approach reduces surface and
ladder fuels by utilizing restorative ecological practices of radial thinning around
legacy trees (old trees) and a variable density silvicultural approach. The overall
objectives are to reduce the threat of catastrophic fire, improve forest health,
protect legacy trees, and enhance recreational and aesthetic values.
Lomakatsi proposes to reference the forest-wide Timber Stand Improvement
prescriptions in conjunction with the certified Legacy Tree prescriptions to guide
the work. Lomakatsi specialists will adapt and complement the certified
Contract for Goods and Services Less than $25,000, Revised 06/30/2011, Page 7 of 9
silvicultural prescriptions to achieve overall objectives and while maintaining
consistency with the AFR Record of Decision.
Scope of work, strategic location, and cost
Lomakatsi is proposing to implement approximately 137 acres of non-
commercial surface and ladder fuel treatments in strategic locations previously
endorsed for prioritization by the AFR partnership. Bordered on the east and west
by the 200 and 2060 Forest Service roads, sub-units designated by the USFS as 36
and 37 are strategically positioned below Horn Gap. The Horn Gap Trail traverses
the unit locations and provides efficient access and high aesthetic visibility for
local residents to view the end results of the work. A portion of the 137 acres on
the attached map also has a 40 acre area designated in green that has
"Density Management" (DM) activity planned for a future entry. Currently with
this proposal, Lomakatsi is only considering accomplishing the non-commercial
thinning of surface and ladder fuel treatments-prior to any proposed
commercial entries with ground-based equipment-within this proposed 40 acre
area. It is comprised of slopes less than 20% that can be planned for future
ground-yarded commercial harvest within access of the roads.
On the AFR project, treatment costs for thinning and hand piling of activity fuels
in this type of moderate to high density setting have varied from $800 to $1200
per acre. Costs in unit 36 and 37 are estimated to average to $1000 per acre
within the 137 acre footprint, totaling approximately $137,000.
About Lomakatsi Restoration Project
Lomakatsi Restoration Project is a non-profit, grassroots organization that
develops and implements forest and watershed restoration projects in Oregon
and northern California (www.lomakatsi.org). Having implemented restoration
projects over 18 years across thousands of acres of forests and miles of streams,
Lomakatsi has a proven record of success. In cooperation with a broad range of
partners including federal and state land management agencies, The Nature
Conservancy and other land trusts, private landowners, watershed councils, ,
city county government, and Native American tribes, , our work has set
precedents on nationally recognized projects. Lomakatsi provides expertise and
capacity in project development, planning, management, fine-scale
ecological treatment design, monitoring, and implementation for ecosystem
restoration projects. Lomakatsi coordinates closely with multiple funding partners
and manages a diverse workforce in complex social settings supported by
critical community outreach.
Aaron Nauth
Contracting and Workforce Division Supervisor
Lomakatsi Restoration Project
www.lomakatsi.org
nauthCalomakatsi.ore
PO Box 3084, Ashland OR 97520
Cell(541)821-3995 Fax(541)488-4909
Contract for Goods and Services Less than $25,000, Revised 06/30/2011, Page 8 of 9
Contract for Goods and Services Less than $25,000, Revised 06/30/2011, Page 9 of 9
.jam LOMAK-1 OP ID: KIY
ACORO' DATE (MMmDlYYYYI
CERTIFICATE OF LIABILITY INSURANCE 10116/2013
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: R the certificate holder Is an ADDITIONAL INSURED, the policy(Ios) must be endorsed. If SUBROGATION 1S WAIVED, subject to
the terms and conditions of the policy, certairi policies may require an endorsement. A statement on this certificate !does not confer rights to the
certificate holder In lieu of such endorsement(s .
PRODUCER Phone: 541-7735358 NCONTACT
AME Kendall Yeaw _
Protectors insurance, LLC - PHONE FA%
Pilot Rock Iris Agency LLC (CA) Fax: 541-772-1906 AfL No E :541-842-2963 No: 541-772-1906
PO Box 4669 Aoosess: Kendall rotectorsins.com
Medford, OR 97501
R. Joe Hubbard INSURERIS) AFFORDING COVERAGE MIUC O
wsURERA:American States IDs Company 19704
INSURED LOmakatsl Restoration'Project INSURER B: American States of Texas
PO BOX 3084 INSURER C:SAIF Cor oration
Ashland, OR WUO
r INSURER O:
INSURERE:
INSURER F :
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 MAYBE 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 06 MID MRt 'LIMBS NqR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00
A X COMMERCIAL GENERAL LIABILITY X 25CC1600447 9411712013 04/17/2014 PREMSES Ee occurrence $ 1,000,00
CLAIMS-MADE OCCUR MED EXP(My ore person) $ 10,00
X OWOer/COnt Prot PERSONAL B ADV INJURY $ 1,000,00
X Loggers BFPD GENERAL AGGREGATE $ 2,000,00
GEUL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OPAGG $ 2,000,00
X PRO- LOC $
POLICY I- JECT 1-1
AUTOMOBILE LIABILMY CONBIWD D$SINGLE LIMIT $ 1,000,00
B .ANY AUTO 04CC2285274 0411712013 04117/2014 BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY IN Peraccidenp $
X AgOS .
NOF40WNED. PROPERTY OPIdAG $
E
X HIRED AUTOS AUP) X AUTOS Per accident
X UMBRELLALIAB - X OCCUR. EACH OCCURRENCE $ 2,000,00
A EXCESS LIAR CLAIMS-MADE 01 SU3691439 04117/2013 D4/1712014 AGGREGATE $ 2,000,00
E
DED X RETENTION $ 10,000
WORKERSCOMPENSATON X ORV lMN ER
MO EMPLOYERS' LIABILITY
O ANYPROPRIETORIPARTNER/EXECUrNE Y❑ N/A 992153 0410112013 04/01/2014 E.L:EACHACCIDEM $500,00
OFFICER/MEMBER EXCLUDED?
(M.d9.ry In NH) EL. DISEASE - EA EMPLOYEE $ 500,00
If yes describe under
DESCRIPTION OF OPERATIONS below' E. L. DISEASE - POLICY LIMIT' $ 500,00
DESCRIPTON OF OPERATONSI LOLATIONSI VEHICLES (Atlach ACORD 101, AtltlNOnM Remarkv ScM1etlule, ll man vpace Iv requlrcd)
additional insured per policy endorsement CG7635(0207):
CERTIFICATE HOLDER CANCELLATION
CITYAS2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ty
20 E Main Street ACCORDANCE WITH THE POLICY PROVISIONS.
-
Ashland, OR 97520 AUTHORIZED REPRESENTATIVE
R. Joe Hubbard
0.1988-2010'ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The.ACORD name and logo are registered marks of ACORD
1^ CITY RECORDER Page 1 / 1
CITY O F
DATE PO NUMBER.
ASHLAND
20 E MAIN ST. 11/18/2013 11974
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 006637 SHIP TO: Ashland Fire Department
LOMAKATSI RESTORATION PROJECT (541) 482-2770
PO BOX 3084 455 SISKIYOU BLVD
ASHLAND, OR 97520 ASHLAND, OR 97520
FOB Point: Req. No.:
Terms: Net Dept.:
Req. Del. Date: contact: Chris Chambers
Special Inst Confirming? No
Quantity :Unit - Description Unit Price - Ext. Price
Forestry services including project 140,000.00
layout and planning, chainsaw thinning
of trees and brush, piling of cut
material for burning. All work will
follow specification in all AFR
planning documents and as required by
the U.S. Forest Service and AFR
partnership.
Contract for Goods and Services
Beginning date: 10/30/2013
Completion date: 06/30/2014
Not to exceed $140,000.00
SUBTOTAL 140 000.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 140,000.00
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 670.07.29.00.60416 E 000199.999 140 000.00
VENDOR
Autho ed Signature / / l3 COPY
I FORM. #3 CITY OF
A request for a Purchase Order ASHLAND
REQUISITION Date of request: 11/1/13
Required date for delivery: • 11/8/13
Vendor Name I nmakafgi Ragfnrat'nn Pminrt
Address, City, State, Zip P.O. Box 3084 Ashland. OR 97520
Contact Name & Telephone Number Aaron Nauth, (541) 488-0208
Fax Number Nauth@lomakatsi.org
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on f le) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract #
❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement ❑ Sale Source Contract #
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5.000 to $100.000 ❑ Written quote or proposal attached Agency
❑ (3) Written quotes attached ® Special Procurement Contract #
PERSONAL SERVICES ® Form #9, Request for Approval Intergovernmental Agreement
$5.000 to $75.000 ® Written quote or proposal attached ❑ Agency
❑ Less than $35,000, by direct appointment Date approved by Council: 10115113 Date original contract approved by Council:
❑ 3) Written proposals attached Valid until: June 30 2014 (Date)
Description of SERVICES Total Cost
Lomakatsi will provide forestry services including project layout and
planning, chainsaw thinning of trees and brush, piling of cut material for -
burning. All work will follow specifications in all AFR planning documents $140;000
and as required b the U.S. Forest Service and AFR partnership.
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
® Per attached quotelproposal $140,000
Project Number 000.199.999 Account Number 670.07.29.00.604160
Account Number Account Number
'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support -Yes/ No
By sJining this requisition form, I certify that the City's public contracting requirements havq been satisfied.
Employee Signature: apartment Head Signature:
Additional signatures (if applicable):! (~z (Equal toorg eaterthan $5,000)
I
Funds appropriated for current fiscal year YES / NO L2 f j ~3
Finance Director-(Equal to or gra than $5,000) Date
AP !A'OV D TS 9 FORM u~
Ashland City Attorney
Form#3-tpsi6on - I ~1
CITY OF
FORM #9 ASHLAND
SPECIAL PROCUREMENT
REQUEST FOR APPROVAL
To: City Council, Local Contract Review Board
From: Chris Chambers, Fire Department
Date: October 9th, 2013
Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS27913.085, 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
3. Type of Request: Class Special Procurement X Contract-specific Special Procurement
4. Time Period Requested: From 10/15/2013 To: 6/30/20
5. Total Estimated Cost: Not to exceed $140,000
6. Short title of the Procurement: Ashland Forest Resiliency Wildfire Fuels Reduction
Supplies and/or Services or class of Supplies and/or Services to be acquired:
The services will include designing and implementing surface and ladder fuel thinning as part of the
Ashland Forest Resiliency Project in the Ashland Watershed. Lomakatsi will provide the workforce
necessary to design, lay out, and implement non-commercial thinning and creation of bum piles
according to AFR project specifications and those specific to the identified unit of work
Background and Proposed Contracting Procedure: Provide a description of what has been done in
the past and the proposed procedure. The Agency may, but is not required to, also include the
following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract
Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach
additional sheets as needed.
Background:_Lomakatsi Restoration Project has lead implementation of the surface and ladder fuel
thinning in the AFR project on over 2000 acres since 2010. The City has contracted to Lomakatsi on
similar work in Siskiyou Mountain Park in both 2012 and 2013. After the waiting period the City will
directly award a contract in the specified amount to Lomakatsi
Form #9 - Special Procurement- Request for Approval, Page 1 of 3,11/1/2013
8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a
Special Procurement. Attach relevant documentation.
As the lead AFR partner for the past three years on surface and ladder fuel thinning, Lomakatsi has
developed a unique ability to assess and implement ecologically appropriate work in a sensitive
operating environment lmportantly, as a non-profit project partner Lomakatsi will implement this
work at actual cost resulting in more acres completed for the dollars invested. This has gained the
AFR project many additional acres over the past three years over the projected accomplishments
versus using dustry standard prices.
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:
The situation of the AFR stewardship agreement partnership including Lomakatsi is unique and has
served to accomplish work that would likely not have been possible in a standard operating
framework There are no contractors who have this relationship to the AFR project or operate on a
cost-only basis.
(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:
As mentioned above Lomakatsi will charge the City on actual operating costs per acre which have
proven to be less than project costs over the past three years of AFR work. This will result in a larger
footprint of work completed.
(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 279B.055, 27913.060, 27913.065,
or 279B.070, or any rules adopted there under because:
Lomakatsi's experience in the Ashland Watershed has allowed them to accumulate site-specific
knowledge of local ecology, expectations of the AFR partnership and public and tested methods of
implementation that have yielded acceptable outcomes on over 2000 previous acres. The City's
Ashland Forest Resiliency Community Alternative envisioned this brand of ecologically informed
forestry in the Ashland Watershed as a reflection of the community's values.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.)
Form #g - Special Procurement - Request for Approval, Page 2 of 3,11/1/2013
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 website to allow for the seven (7) day protest period.
Date Public Notice first appeared on www.ashland.or.us -October 151h, 2013
PUBLIC NOTICE
Approval of a Special Procurement
First date of publication: October 15th, 2013
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 October 15th, 2013.
This Special Procurement is a "Contract- specific Special Procurement". The proposed
contracting procedure is direct award to Lomakatsi Restoration Project for site specific
forestry work on the Ashland Forest Resiliency Stewardship project Lomakatsi has
unique experience as a partner in this project, and has completed over 2000 acres of
similar work on this project, in like conditions, and at or below expected costs.
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 27913.055, 27913.060,
27913.065, or 27913.070.
An affected person may protest the request for approval of a Special Procurement in
accordance with ORS 27913.400 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 October 22nd, 2013.
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 - Special Procurement- Request for Approval, Page 3 of 3,11/1/2013
City of Ashland, Oregon - Agendas And Minutes Pagel of 8
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City of Ashland. Oregon / City Council
City Council - Minutes
Tuesday, October 15, 2013
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 15, 2013
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7.00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh were present.
Councilor Slattery/Rosenthal Ms to place a Study Session item for the Job Council Presentation on the
agenda as X11(6). Voice Vote: all AYES. Motion passed.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced the City was accepting applications for the new Housing and Human Services
Commission along with vacancies on the Tree, Transportation, Public Arts, and Firewise Commissions, and the Band
Board
APPROVAL OF MINUTES
The minutes of the Study Session of September 30, 2013 and Business Meeting of October 1, 2013 were approved
with an amendment to the October 1, 2013 meeting under the Consent Agenda regarding the discussion on the
contract amendment for Southern Oregon Transportation Engineering. The last sentence should reflect Councilor
Lemhouse instead of Councilor Rosenthal.
SPECIAL PRESENTATIONS & AWARDS
Division Chief Forest Resource Chris Chambers introduced Forest Lands Commissioner Frank Betlejewski who gave
a presentation on current and upcoming Forest Lands Commission projects that included Restoration III, and the
Ashland Forest Plan Revision.
CONSENTAGENDA
1. Approval of commission minutes
2. Approval of a liquor license application for Jordan Mackay dba Oberon's Three-Penny Tavern
3. Approval of a special procurement for AFR Project wildfire fuels reduction
Councilor SlatteryNoisin Ms to approve Consent Agenda Items. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS
http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=5479 11/1/2013