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2016-063 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 03/23/2016 BEGINNING DATE: 04/11/2016 COMPLETION DATE: 6/30/2019 COMPENSATION: Up to $700,000 maximum GOODS AND SERVICES TO BE PROVIDED: Lomakatsi Restoration Project will provide forestry services under the Ashland Forest Resiliency Project for the purpose of the U.S. Forest Service Record of Decision. Activities can include chainsaw thinning of trees and brush, brush piling, and prescribed fire implementation according to Ashland Forest Resiliency project Master Stewardship Agreement and Supplemental Project Agreement 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 $700,000.00, unless a separate written contract is entered into by the City. A separate schedule and/or methodology is be provided as Exhibit D to ensure Parties agree upon work deemed completed and upon which payment is made. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 27913.220, 27913.225, 27913.230, 27913.235, 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 b Contractor to perform work or services attendant to this Contract for Goods and Services Less than $700,000, Revised 03/29/2016, Page 1 of 9 contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 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 or 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: Contract for Goods and Services Less than $700,000, Revised 03/29/2016, Page 2 of 9 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. 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 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 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 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 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 Less than $700,000, Revised 03/29/2016, Page 3 of 9 Contractor: City of Ashland y BY B Signature Department Head J us z7 * Cc- -Tc, . Print Name Print Name C Fa 4 Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. D TO FORM Asf► n L Attorney Lie Contract for Goods and Services Less than 5709,009, Revised 0.312912416, Page 4 of 9 a 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 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 specific portion of my residence, set aside as the location of the business. V", (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. (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. Contraot&r (Date) G 3 Contract for Goods and Services Less than $700,000, Revised 03129/2016, Page a of 9 i CITY OF ASHLAND9 OREGON Exhibit B City of Ash land LIVING WAGE ALL employers below must comply with City •Ashland laws regulating payment of a living wage. • per hour, effective June 30, 2013. The Living Wage is adjusted annually every June 30 by the Consumer Price 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 projector ➢ For all hours worked under a 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. CITY OF ASHLAND Contract for Goods and Services Less than $700,000, Revised 03/29/2016, Page 6 of 9 EXH C Lomakatsi Restoration Project Y Restoring Ecosystems, Sustain#W Communities P.O. Box 3084 Ashland, OR 97520 (541) 488-0248 FAX (5411488-4909 www.lomakarsi.org LOMAKATSI Special Funding Request to City of Ashland Friday, March 25, 2016 To: Chris Chambers, Forest Division Chief, Ashland Fire & Rescue From: Lomakatsi Restoration Project RE: Proposal for Additional Restoration on Ashland Forest Resiliency Stewardship Project (AFR) Chris, Please share this proposal prepared for City of Ashland (COA) by Lomakatsi staff for continuing our ongoing restoration treatments at AFR with funding from the City of Ashland. Thank you for yourtime and consideration. Lomakatsi Restoration Project Role in AFR Stewardship Project Partnership As a partner in the AFR project, Lomakatsi has been the lead Implementation and contractual entity accomplishing over 3,500 acres of forest health and fuel reduction treatments since 2010. Working closely with the City of Ashland, The Nature Conservancy and the US Forest Service, Lomakatsi proposes to use COA funds to continue a suite of restoration activities under the AFR Master Stewardship agreement until June 30, 2019 by implementing additional forest restoration and fuels reduction treatments in the Ashland Watershed. 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. Scope of work, strategic location, and cost Loma katsi is proposing to accomplish additional non-commercial restoration treatments by implementing ecologically-based tree and brush thinning followed by hand piling fuels, use of prescribed fire and follow-up maintenance treatments. It is expected that the schedule of payments for the proposed scope of work will be split between the 2 project-type cost scenarios described below, with flexibility to adjust the proportions the scenarios as dictated by the AFR partnership board. The AFR partnership has agreed on the need for the additional COA funding to support the accomplishment of these project type acres. i i i i i s EBMC 1. Prescribed Fire Treatments Under the direction of USES overhead, Lomakatsi will implement restorative understory burning on approximately 1,000 acres, as designated and approved by USFS prescribed fire plan. Units selected for prescribed fire have had understory thinning and hand pile burning treatments accomplished in previous years, and are now ready for restorative fire application. • On the AFR project, treatment costs for prescribed fire projects average $3S0 per acre, totaling $350,000 for 1,000 acres. If prescribed burn windows are not available during the next 2 biennia to expend the funds, the remaining funds can be re-allocated to surface and ladder fuel and/or mechanical thinning maintenance treatments. 2. Surface and Ladder Fuel Treatments 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 that includes hand piling and pile burning. The overall objectives are to reduce the threat of catastrophic fire, improve forest health, protect legacy trees, and enhance recreational and aesthetic values. • 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 identified units are estimated to average $1000 per acre within remaining AFR footprint, totaling approximately $350,000 to treat 350 acres. 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 20 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 PO Box 3084, Ashland OR 97520 www.lomakatsi.org Office (541) 488-0208 Pc; Marko Bey, Executive Director, Lomakatsi Justin Cullumbine, Chief Financial Director, Lomakatsi Darren Borgias, Southwest Oregon Program Manager, The Nature Conservancy Donna Mickley, USFS Siskiyou Mountains District Ranger 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 $700,000, Revised 03/29/2016, 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 nauth@lomakatsi.orR PO Box 3084, Ashland OR 97520 Cell (541) 821-3995 Fax (541) 488-4909 Contract for Goods and Services Less than $700,000, Revised 03/29/2016, Page 8 of 9 t DATE (MMibD,YYYYI ,4cQREP CERTIFICATE OF LIABILITY INSURANCE 411512016 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(ies) 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 endorsement(s). PRODUCER NA'AE: _ K~,ac)aII P~jl Protectors Insurance, LLC PHONE FAX P.O. Box 4669 E %~aa~`4' Fla ' - - - ae No) 541-772-1906 Medford OR 97504 AD13RE3s! i INSURERIS AFFORDING COVERAGE NAIC # INSURER A: $,IF C rporation INSURED LOMAK-1 IK$URER B: Lomakatsi Restoration Project INSURER C ;Amedcan States of Texas PO BOX 3084 INSURER D • 704 i Ashland OR 97520 INSURER E INSURER F E COVERAGES CERTIFICATE NUMBER: 188 1934463 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 NO TOAATHSTANIDINC ANY REQUIREMENT, TERM OR CON01,71ON OF ANY CONTRACT OR OTHER DOCU?v'rNT WITH RESPECT TO WH!CH 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 SHOL"oN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IAiSR Xwt9m POtJCY OFF POLICY EXP Li'ArrS LTR TYPE OF INSURANCE I POLICY NUMBER ("Aug )NM lwDD, I B GENERAL LIABILITY 25CC160,3440 411712016 4;'7.'2017 EACH OCCURR:-NCE 1. n. 00.00C RAGE To RMNTED X COPAMERGIAL GENERAL LIABILITY DA I r ` 11,1100.000 CLAIPAS-MADE OCCUR HIED EXP IAn one person; $10,000 1 PERSCNAL a ADV INJURY $1.000,000 GENERAL AWREGATE $2.000,000 GEN'L AGGREGATE -BAIT APPLIES PER: PRODUCTS -CGRIP}OP AGG S21CO,0010 PCL CY PR4 LJC LOgge-s Bmad FDrrr $1,1000000 E COMBINED SINGLE n accderd' LIMIT 1 TO 0 000 C AUTOMOBILE LIABILITY a4CC2285276 4.+'17 2016 E17,2D'7 ,F ANY AUTO 3 OD ILY INJURY (P or pemon) $ .ALL OYMNED SCHIEDl LED BODILY INJURY (Per acrider.t) $ AUTOS X VtJAOv'NEO PROPERTY DAI.L4 E $ X HIREDAUTOS AUTOS e•a,x►ti ' s O UMBRELLA LIAR X OCCUR 01SU4033552 4!'7 20'8 4:17,'2017 EACH CCCURRENCE 32,000,000 EXCESS LIAR CLAI?4P$-'A.ACE AGGRE ATF S CEO X RETENTION S10 030 ~ A WORKERS COMPENSATION gg2~ 12716 4;1-'2017 : X JYC STATU- CT"-TORY LIM7S ER AND EMPLOYERV LiASILrrY Y! N ANY RCPR ETORIFAR-. NER!EXECUTIVE ❑ MIA E.L. EACH ACCIDEN? $500,000 OFPCER,%EMBEREXCLUDED' IMandotory In NH) F. L. DISEASE -FA EPAPLOYEF 3500,000 1' Kee d il~eunde ; E.L.CISFr1fiE-POLICYLIMrr 5500,000 D CRIPT.ON CF GPERATiONS De as DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Addhional Remarks Schedule, K mce space is required) Contract for GOODS AND SERVICES As additional insured per policy endorsement CG7635(0207): CERTIFICATE HOLDER CANCELLATION 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. 20 East Main St Ashland OR 97520 AUTHORIZED REPRESENTATIVE 0 1988-2018 ACORDI CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD I Tto k-,aarv* doss got &WF to T1rkt naiuskrn aF0s5 coat 3 rtr et,frv € f[15LI~11C COMNPRCIA DENERALUAMCM 1*4ty M1tryl cr vfcpbv &,r AaalTal ww Ilwwc ►kpe napity- at • CO n 35 02 07 .q,• ub,- ow of Ina s,bs nagT artier wwv39hV h -*a K gAftbn. Wrap. WY+ el irxh pmm or etrpIt prei, Irati*90► rratrDOYq at ON" pgaMralOn; ty t►tl hvied. M eta ti4ilitra4wo' wtn'edt Casttad 7!4 'fir IrW or 1*aPrrTY THIS VMRSaW.8T Ci0l OFS Tit! POLICY. PLEA:E AEAO IT CAREFULLY. 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To Y- trek i tm hum" ns+ t+ c e, Ira 4d r n n." ~e.rt."w.+ ~.r tX'IyAiAtgN.1 r. rrtf Page 1 / 1 CITY OF ASHLAND DATE PO NUMBER 20 E MAIN ST. 6/7/2016 13562 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: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: CHRIS CHAMBERS Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price UNDER DIRECTION OF A USFS BURN BOSS 25,000.00 UNLESS OTHERWISE DIRECTED, LOMAKATSI WILL PROVIDE WORK CREWS TO IMPLEMENT PRESCRIBED UNDERBURNIG ON COA LANDS ADJACENT TO AND CONURRENT WITH THE AFR PROJECT ON U.S. FOREST SERVICE LAND OVER A 2 YR PERIOD. CONTRACT FOR GOODS AND SERVICES LESS THAN $25,000 BEGINNING 04/08/15 COMPLETION 06/30/16 SUBTOTAL 25 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 25, 000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 110.07.29.00.60416 25,000.00 \/r:mnr)R ~(1PY FORM #3 CITY OF cn. - _ v ASHLAND 05.23.16 REQUISITION Date of request: Required date for delivery: 05.26.16 Vendor Name Lomakatsi Restoration Project Address, City, State, Zip P.O. Box 3084 Ashland, OR 97520 Contact Name & Telephone Number Aaron Nauth (541) 488-0208 Fax Number nau oma a si,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 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 and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ® Special Procurement Intergovernmental Agreement $5,000 to $75,000 ® Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council; ❑ (3) Written proposals/written solicitation Date approved by Council: April 7, 2015 (Date) ❑ Form #4, Personal Services $5K to $75K Valid until:6/30/2016 Description of SERVICES Total Cost Lomakatsi will provide work crews to implement prescribed underburning on City of Ashland lands adjacent to and concurrent with the AFR project on U.S. Forest Service land over a two year period. Lomakatsi will act under the direction of a USFS burn boss unless directed otherwise by $25,000 the City representative. Services include fire holding and ignition resources including personnel and equipment. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $25,000 Project Number NA Account Number 110.07.29.00.604160 *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 signing this requisition form, I certify that the City's public contracting requirements have been satisfied. _ Employee Head: (Eqy I to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: ~YE~, / NO Finance Director- (Equal to or greater than $5,000) Date f Comments: No work took place in year one. Form #3 - Requisition Pare I I CITY OF r _ DATE PO NUMBER ZO E MAI 51712015 1 2856 ASHLANE), 013 97520 (541) 488-6010, 0066,37 SHIP' TO Ashland Fire Departtrent LOft A AT 1 RESTORATION PROJECT f541) 482-2770 PO BOA 3084 456 SISK[YOLI BLVD ASHLAND, OR 97520 ASHLAND, OR 97520 toe Pori,t: Asnlr~d;o Fzgq_ i~o_- Terms, Net f~~pk_s Req. Del.. Date. Qontact Gh h s Oh am be spktw In' st: t orifirming? No Qwlntlt Unit Description Unit Price Ext, Price THIS 1S A REVISE PURCHASE ORDER Lorr4katsi will provide work crews to 12,0~0.9~ im lement prescribeO Underburninq on Oita of Asti lated'forestPendsE adjacent to and cancurant'With the-AFIR project on Lf rorest Service Iafld over 'a two year period. Lpmakatsi will act under the -direction bf a UFS burg boss unless -directed oterhwise by City{ representative. Services include fireholdinq and ignition resoumes ineludini oersannel and equipment, Not to exceed $25,000,00 Approved. her. Council April 7, 201 'I Contract far Goods and Services Baqinninq date' 94106101 Completion date; 96130/2171 i I Processed chari~e ord Or 0.5/19120115 Estrri t ~l ilnowit of $12;000.0 t6 be expensed in FY 2615. Remaining ba lamb of 513,000 will be~addad in July, 015 for FY 2016- 5 U STOTAL 12,00U,00 211-t- To,. Account Payable T 13.0) 20 EAST MAIN ST FREGHT 5:x1 -552-2010. TOTAL 1 ,9[ ,fJ ASH LAND, OIL 520 AecOunt Number Project Norn* bDr Amount Acc'writ NLIMber ~ Projea Num, bGr ~ Amwnt E 670.07-29.00,504'15 _ E 000199.400 12,000-00 _1 I 1 VFNI)Ok Lee Tuneberg From: Chris Chambers Sent: Thursday, June 02, 2016 9:36 AM To: John Karns; Lee Tuneberg Subject: Re: Fwd: Lomokatsi project Yes, it's funded. It's hard to see in Eden because of the encumbrances stacked up in the first year skewing the balance. But, there are funds there in the biennium period. Chris Get Outlook for Android On Wed, Jun 1, 2016 at 2:56 PM -0700, "John Karns" <john.karns@ashland.or.us> wrote: Sent from my iPhone Begin forwarded message: From: Lee Tuneberg <lee.tuneberg2ashland.or.us> Date: June 1, 2016 at 12:41:57 PM PDT To: John Karns <iohn.karns2ashland.or.us> Subject: Lomokatsi project I see a request for a new PO for $25,000 replacing 12856 that covered $12,000. Do you have $25,000 appropriated in BN 2015-2017 for this work? 1 AcoRo CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/3/2016 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(ies) 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 endorsement(s). CONTACT PRODUCER NAME Kendall Pori Protectors Insurance, LLC PHONE FAX (A/ N E:5418422963 )5417721906 AIL xt - - vc No : - - P.O. Box 4669 M Medford OR 97504 AbDREss:kendallpg-protectorsins.com INSURERS AFFORDING COVERAGE NAIC # INSURER A : F Corooration INSURED LOMAK-1 INSURER 8:First National In,9UranCe Co 4724 Lomakatsi Restoration Project INSURER c :American States of Texas PO Box 3084 INSURER D -American n Company 19704 Ashland OR 97520 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 49425024 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD/YYYY MM/DD/YYYY LIMITS B GENERAL LIABILITY 25CC1600449 4/17/2016 4/17/2017 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 CLAIMS-MADE K OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY PRO LOC Loggers Broad Form $1,000,000 OMBINED SINGLE LIMIT C AUTOMOBILE LIABILITY 04CC2285275 4/17/2016 4/17/2017 Ea accident $1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED X SCHEDULED I BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED I PROPERTY DAMAGE X HIRED AUTOS AUTOS Per accident $ D X UMBRELLA LIAB X OCCUR 01SU43335510 4/17/2016 4/17/2017 EACH OCCURRENCE $2,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ DIED X RETENTION $10,000 $ A WORKERS COMPENSATION 992153 4/1/2016 4/1/2017 X WC STATU OTH- AND EMPLOYERS' LIABILITY Y / N IT ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L. 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