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2016-088 Contract - Lomakatsi Restoration Project
Contract for GOODS AND SERVICES C1 T Y 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. Nona ppropriations 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 rt By By Signature Department Head Print Name Print Name ; Title D e W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. P V d As TO FORM Ashland Asst. Atto;rwy oa 3 /G Contract for Goods and Services Less than $700,000, Revised 03/29/2016, 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: r~ (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. r~ (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. 41, f Contractor (Date) Contract for Goods and Services Less than $700,000, Revised 03/29/2016, Page 5 of 9 CITY • ASHLAND, OREGON Exhibit B City of Ashland LIVING WAGE oil 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 additional For 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 EXHIBIT C Lomakatsi Restoration Project Restoring Ecosystems, Sustaining Communities P.O. Box 3084 Ashland, OR 97520 (541) 488-0208 FAX (541)488-4909 LOMAKATSI www. /omakatsi. org 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 your time 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 Lomakatsi 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. EXHIBIT C 1. Prescribed Fire Treatments Under the direction of USFS 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 $350 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 ,aco CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) F4/15/2016 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). NTACT PRODUCER CNAM E: OKendall Pori Protectors Insurance, LLC PHONE FAX A/c N. Ext):541-842-2963 A/c No):541-772-1906 P.O. Box 4669 E MAILss: n II r r in m Medford OR 97504 INSURER(S) AFFORDING COVERAGE NAIC # INSUREIR A: AI F Corporation INSURED LOMAK-1 INSURER B :First National Insurance Co 4724 Lomakatsi Restoration Project INSURER C :Am ri n States of Texas PO Box 3084 INSURER D :American States Ins Company 19704 Ashland OR 97520 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 1881934463 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY B GENERAL LIABILITY 25CC1600440 4/17/2016 4/17/2017 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1,000,000 CLAIMS-MADE 15F] OCCUR MED EXP (Any one person) $10,000 PERSONAL BADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $2,000,000 PRO- LOC Loggers Broad Form $1,000,000 POLICY 7 F C AUTOMOBILE LIABILITY 04CC2285276 4/17/2016 4/17/2017 COMBINED IN LE LIMIT Ea accident $1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED X SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS AUTOS Per accident $ D UMBRELLA LIAB X OCCUR 01 SU4333552 4/17/2016 4/17/2017 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED X RETENTION $10,000 $ A WORKERS COMPENSATION i 992153 4/1/2016 4/1/2017 X WC STATU- OTH- TORY LIMIT R AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N II E.L. EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E L. DISEASE - POLICY LIMIT $500,000 i i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Contract for GOODS AND SERVICES As additional insured per policy endorsement CG7635(0207): CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main St Ashland OR 97520 AUTHORIZED REPRESENTATIVE (2 p//,, 7 © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY (b) Ths insvance does not apply to Ths exdus'on applies &;On If the ctafms ~fl1$UI"di~C 'ood,ly Injury' tor 'property darn- against any Insured allege negligence or e - CG T8 35 02 07 age' arising out of the We negfi- other wtortgdohg In the supervalon, idling, gene of such pefsm or ernpfoyment, trattng or rrDnkoring of others organuadon; by that Inured, n the 'occurrence' wfnlch caused the 'body Injury' or 'property THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. (4) Permits Issued by any sate Of potrcal damaga- Involved the c--airship, malnts- 6ubditAslon wvh respect to Operations r mce, use or entrustment to Others, of arc/ LIABILITY PLUS ENDORSEMENT ped«med by you or m your behatf, s3rcfalt 'auto' or watercraft that is owned sub,ect to the fc4ow!ng additional pro- or operated by or rented or bariEd to any M- vle~on: sured. Ths endorsement modfles Insurance praMe-d tender the fo5owing: This Irsuranrn does not apply to 'bodily This exclusion does not apply to: coa.WERCIAI GENERAL LIABIUTY COVERAGE PART Injury', property damage', « (1) A watercraft whole ashore on premles -persornal and advertshg tnJury' arising you awn or rent; SCHEDULE out of cperations performed for the shale of mun'.,cipafty. (2) A watercraft you do not awn that b: Name of Person or Organlzatl-, c. The Insurance with teapeCi to any Mh'"Kl (a) Less than 52 feet long: and engrv{t, Or surveyor added as an Insured (b) NOi being used to carry persons or by tuts endorsement does not eppty to property for a charge; body Injury', 'property dartaga% « per- BLANKET - PER CERTIFICATE OF INSURANCE sons! and advertising injury arising out of {3) Par" an 'auto' on, or on the ways tha re id nN of or the fa0u're to render am/ next to, premies you wan or rent, pro- professional services by or for you, inctud- v'ded the `atto' Is riot owned by or rented or k-Ar __d to you or the frssured; IN: (4) UabiZ;y ass rued under any insured (1) The prepadng, approving. or taTng to contract' for the ahnership, mahte- prepare or epprova craps, cirarrings, nance or use of alrcraft or watefaaft; or opinl«ns, reports, surveys, change or- der6 ADDITIONAL INSURED - BY WRITTEN lease or a'cup•/, sub,,d to the fac'Afng , designs or specihcarJons; and (5) using out or. , or 'ropert/ darnaga' CONTRACT, AGREEMENT OR PERMIT, OR sddttonalprovfslons (2) Supervisory, Inspecton or englneermg SCHEDULE services. (a) the cpera,'on of machinery or (a) This Insurance does not apply to equppment that Is attached to, or s added to W1i0 IS A'1 any 'occurrence' whkh takesptace d. Tux Insurance does not eppy to 'ood,ay part of, a land cetrcle that would The {o'aw1ng paragraph E after Lou cease to N a tenant h Injay' or 'property damage' iricludedwr, in quaflfy under the dcfnl-on of INSURED (Section II): arty pre rises leased to or rented to " 'products-corrp{e'.ed operations haz- -mobile equipment- it H were rot 4. Any person or organization shoem In the Sche& YOU; and'. cvtj, t to a compulsory or financial ufa or for whom you are required by written corn- (b) This hsuranca does not apply to respersablt^,/ Ian or other motor ,a- nfz sates an Insured un- f+ e Law in the state of as hicie tract, agrearnrnt or pemn7 to provide Insurance any at'uctural alterations, nea con- A person's Is an insured, subject to the foNcimng adkraonal struenn of demoti^,on operations der this endorsement "i s ends when }rotLa opera5cns for where A IS k E Iic_+hsed or princlpay protiislons performed by or on behaff Of the that Insured are cornpte!ed. garaged: or a. The contract a Bement or emdl must be person ««garY2aton added as an (b) ti-,a operaSon of any of to machfn- g p Ifssured; No caieraga w N be provided ff. In the absence of the cry or equ pment Isted in Paragraph In effect dicing the P014 period sraohvn In endorsement, no SabiTty would be Imposed by law on f.(2) of f.{3) of in* de`.nt'on of the Declarations, and must have been exe- (2) Your ongog operations for that In- you. Coverage shag be rnited cuted prior to the 'bodily InW, 'property sured, whether the work 6 performed n ence or r fa accordd ng t S .q to the extent of your rob e equipment'. pies of cnce to the eppfcab'a pdnc damage', or "personal and advert;sing by you or for you; pies of rcparatly !rve taint (6) An aircraft you do not awn prO•ldad it Is hj-Y.• (3) The maintenance, cperaSon or use by not opefa!ed by any Insured. b. The person or organization added as an In- you of equipment leased to you by such NON.OLVNEO WATERCRAFT AND NON-OWNED steed try tFts endorsement Is an bowed only person or org3rtha5on, suhject to the AIRCRAFT LIABILITY TENANTS' PROPERTY DAMAGE LIABILITY to the extant you era held Ifab'e due to: fobwAng edddonal provlsloru; Y,7nen a Damage To Premises Rented To You LEmit is (1) The ahtlershtp, rra'n!enance of use of (a) This Insurance does not apply to FxGusion g. of COVERAGE A (Section I) Is replaced shown In the Declarations- Excluslon J. of GmCrage that part of pfemises you own, rent, any, 'occurrence' which to<es place by the W:01y` g: A, Section I is rep'aced by the fo',owfrg: after the agreement lease expires; g. 'Bod'ily Injury' or 'property damage' e6shg out of the ohT7ershlp, maWenancc, use or J- Damage To Property eriTUSlmeri to Others of Wry aircraft, 'auto` 'Property damage' to' or watercraft armed «operated by or rented Includes Copyrighted Material of Insurance Services OfP.Ce, lac„ with Rs permission, «lOaned to any Insured. Use IrKoudes open- (1) Property you awn, rent, or Occupy, Including COfry ,ghl, Insurance Services, 2001 atan and 'loading or tbnloadng'. any eos's or expenses Incurred by you, or 5tm L. a_ ka a, " as - a Sib c_urrn 03 76 11 CP V Pee i d k E? P;r Z d ! CG7635(0207) pdf CG763502071 pdf arty other person, «ganaaton or entity, foe WHO Is AN INSURED MANAGERS EXTENDED DEFINITION OF BODILY INJURY Interrupted Ortiy by a street, roadway, wa!erway, or repair, replacement, enhanoi Trent, restora- right-ot-way of a ra3road. ton tar ma penance of such property for any The fofianing Is added to Paragraph 2.a. of WHO IS Paragraph 3, of ❑ER*R ONS (Section V) Is replaced reason, Inckxr.ng prevention of hjury to a AN INSURED (Section II): by the follonirx}: INCREASED MEDICAL EXPENSE LIMIT person « damage to anther's property, (2) Premises you sell, give array Of abandon, N Paragraph (1) does not apply to exo:e: ire officers, or 3, 'Bodiy lrlJuy means bodly Injury, slcKness or The Medical Expense Umtt is amended to $10,000. the 'property damage' arises ant of any part to managers at the supervisory fe•:el of above disease sustained by a person, Including mental of those pfemfsas, anguusheor death resulting from arty of these at KNOWLEDGE OF OCCURRENCE SUPPLEMENTARY PAYMENTS -COVERAGES A any (3) Property Da ed to you, AND B - BAIL BONOS - TIME OFF FROM The foflaving Is added to Paragraph 2. Dunes In The (4) Personal prop" In the cafe, custody or WOti1( TRANSFER OF RIGHTS OF RECOVERY Event Of Oowfence. O`fense, Garm Of Suit of con!rot of tr Insured; COIMMERCIA, GENERAL LIAFIUTY CONDITIONS Paragraph f,b, of SUPPtUME11TARY PAYMENTS - The fotiowing Is added to Paragraph & 7fansfer Of (Secgon IV): (5) That particular part of real property on which COVERAGES A AND B Is replaced by tine fotloning- Fughts Of Recovery Against Otters To Us of C611- you Or amy contractors Of subcontractors MERGAL GENERAL LIABILITY CONUNt CNS (Sec- Krawfedge of an 'occurrence', Balm or 'shot` by working directly Or Ind:recdy on your behalf b, Lip to 53,000 for cost of bail bonds required tion IV): your agent, servant or employee shall not h Y.sO are worming operaJms, l the property because of accidents or bra fc taw v oia*_-0ns cOnsu u:e h a zdga of the named Insured unless an damage' arises cut of those operatJcns, of arlsing out of the use of any vehkie 10 which We waive an/ highs of recovery we may have against a!5aar of the named Insured has received such notice the Body "l LtabtTdy Coverage sppr' s. any person Or organaaaon because of pa)+nents wa from the agent, servant W employee. (6) That P cuiarpart of erry Propen/thatnest We do not hara to famish these bonds. make for Injury or damage arising out of your ongoing be restored, repaired or replaced because pefw nssen ri ' a your w organrrtkiz'atidon ata and under Incalucdeed fn d wis the HAZARDS HANTENT30NAL FAILURE TO DISCLOSE ALL our work' was Incorrectly Wrtrred on k. Paragrtaph 1.d- of SUPPLEMENTARY PAYMENTS - that operations d Paragraphs (1), (3) and (4} of this excfuslon do COVERAGES A AND B U replaced by the fo'tov+fng: `productsccrrpieted operations hazard'. This water not apply to 'property damage" (other than d. Afl reasonab'5 expenses ticamed try the In- appr?s only to a person or organiza5m ter whom you The fcfowing Is added to Paragraph 6. Represana- damage by Ire) to premises, Including the con- cured at purr request to assist us in the Irv are req+ued by written contract, agreement or perm-4 tens of Ml,. !EHCIAL GENERAL L-IABiUTY CONE* tents of such premises, rented to you. A separate v6s3ga'-on or defense of the calm or 'Sint', to wawa these rig" of recovery. T10NS (Section Iv): limit of insurance aW.ies to Damage To Pram- hooding actual toss of earnings up to 5500 [sea Rented To You as described h Section ]0 a day because of time Of from w'ark- AGGREGATE L(MRS OF INSURANCE - PER II you unln!en5ona'fy fall to dsc'ose arty hazards ex- - Urnts Of Insurance. LOCATION is k at true Inception data Of your Po'icy, rte wall not Paragraph (2) of tfds exdusfOrt does rot apply If EMPLOYEES AS INSUREDS - HEALTH CARE deny coverage under th!s Coveraga Form because of the promises are fax work' end were never SERVICES For al sums wihkh the insured becorres leg z;/ Ob'i- such !were. However, m's prarision does not affect Occupied, rented or held f« rental by you. gated to pay as damages caused by 'oceumences" our right to cooed addsonal premium Or exercise our Prwssion 2.a-(ixd) of WHO IS AN INSURED (Section under COVERAGE A (Section I), and for all med'C,0 dght of cance9a5On or non-renewal. Paragraphs (3), (4), (S) and (6) of this excursion 5) g deleted, unless excluded by separate endorse- expenses Caged by eoc~dants under COVERAGE C do not apply to Eabii;y assumed LrAer a side- rrenL (SecaOn I), Vetkh can ba attrbU.ed only to opera~cns LIBERALIZATION CLAUSE track agreement at is single location: Paragraph (6) of this exduslon does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED The folio- ing paragraph Is added to MMMERCIAL property damage' Included fn the 'products- ORGANEZATIONS Paragraphs 2.a. and 2b. of Lints cf insurance (Se(;- GENERAL LlA3;UTY CONDITIONS (Section IV): comp e:ed operations hazard'. ton 131) spphy sepafatey to each of your 'Ioca5Ons' Proylston 3.a of WHO IS Arc INSURED (Section It) Is owned by or rented to you. 10. if a revsfon to this Co%eraga Part, which would Paragraph 6. of LIMITS OF INSURANCE (Section ill) replaced by the fob nv;n pravkde more corerage with no additonaJ pre- 'Local on' means premises inwdyfng the same or min. becomes effect.-9 during the policy period age trtdar }his P[c,ion Is afforded connecting lots, or premises wfiose cennart~on is in tie state shown In tho Declaratiers, your 1301- 8. Subject to 8. above, the Damage To Premises only until the end of the p Fcy period. Icy will autematcaly proo,4de th's addi`OnAl ccv- Renled To You I-Yrdi IS the most ws will pay un- EXTENDED `PROPERTY DAMAGE" efago on the sftectlva dare of the rrr,tsion- der Coverage A for damages because of property damage" to any one premises, whifa Exclusion a. pt COVERAGE A (Section D Is reptaced rented to you, of in the case of damage by fire, by the toltawing: while rented to you or temporarily occupfed by you with permission of the comer. a. Sodly Injury' or 'property damage' expected or Intended The Damage To Pro-misas Rented TO YOU limit Is the from to s'3ndpaht of the it uLd. This exchslOn does not apply to load ly injury' higher of the Each Occurrence Umit sown In the « property darna5W fesuRJrg from the use of Dedwations or the amamt shov,n in the oaclaratbrss reasanab'a face to preheat pefsens of prc",,ty. as Damage To Premises Rented To You Limit co 75 as M 07 Fx+ 1 d. v FK, 4 014 rn7A19fmnn rr+f Page 1 / 1 CITY OF DATE PO NUMBER ASHLAND 20 E MAIN ST. 4/21!2016 13488 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 Forestry Services 350,000.00 Ashland Forest Resiliency Proiect Special Procurement Approved by Council April 5, 2016 Term 04/12/2016 to 06/30/2019 Not to exceed $700,000.00 16-17 Biennium - $350,000.00 18-19 Biennium - $350,000.00 Contract for Goods and Service Beqinninq date: 04/11/2016 Completion date: 06130/2019 SUBTOTAL 350 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 350, 000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 110.07.29.00.60416 E 000199.400 350 000.00 Authorizdd Signature VENDOR CORY h ~r !<-'< v ?Z ~c V-k v._L CITY OF FORM #3 LASHLAND 101 --~l 'mUrChcase Order REQUISITION Date of request: 04.15.16 Required date for delivery: 04.22.16 Vendor Name Lomakatsi Restoration Project Address, City, State, Zip P.O. Box 3084 Ashland, OR 97520 Contact Name & Telephone Number Justin Cullumbine (541) 488-0208 Fax Number us in 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 F-1 (3) Written quotes and solicitation attached E] Form #4, Personal Services $5K to $75K Contract # Intergovernmental Agreement PERSONAL SERVICES ® Special Procurement ❑ Agency $5,000 to $75,000 ® Form #9, Request for Approval Date original contract approved by Council: ❑ Less than $35,000, by direct appointment ® Written quote or proposal attached (Date) ❑ (3) Written proposals/written solicitation Date approved by Council: April 5, 2016 ❑ Form #4, Personal Services $5K to $75K Valid until:6/30/2019 Description of SERVICES Total Cost 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 $700,000 ~cY17Li^~c~% trees and brush, brush piling, and prescribed fire implementation 3i ,moo%-gyp! 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. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quotelproposal $700,000 Project Number 000199.400 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 requisi n form ify that-0 City's public ntracting requirements have been satisfied. *(4 ~-r nt ` epartme Employee. Head: / (Equal t2or greater than $5,000) Department Manager/Su(pervis r: City Administrator: (Equal to or greater than $$25,000) XeX Funds appropriated for current fiscal year fig / NO Finance Director- Equal to or greater an $5,000) Date OIz cG-~`'OGC~eCC Form #3 - Requisition CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Chris Chambers, Fire Department Date: April 5th, 2016 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 & Rescue 2. Department Contact Name: Chris Chambers, Forest Division Chief 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From 4/12/2016 To: 6/30/2019 5. Total Estimated Cost: Not to exceed $700,000 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 and piling, project layout, and prescribed fire activities as part of the Ashland Forest Resiliency Project in and around the Ashland Watershed on U.S. Forest Service land. Lomakatsi will provide the workforce necessary to design lay out and implement vegetation thinning and creation of burn piles and prescribed burn activities according to AFR project Master Stewardship Agreement 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: As codified in the AFR Master Stewardship Agreement and subsequent Supplemental Project Agreements, Lomakatsi Restoration Project lead implementation of the surface and ladder fuel thinning and prescribed burn workforce capacity in the AFR project on over 4000 acres since 2010. Under this arrangement, Lomakatsi is the only entity that contracting dollars can pass throw for Form #9 - Special Procurement - Request for Approval, Page 1 of 3, 3/29/2016 work to be implemented in the AFR project to which the City of Ashland is an equal partner along with The Nature Conservancy and the U.S. Forest Service. 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 6 years on surface and ladder fuel thinning and prescribed burning, Lomakatsi has developed a unique ability to assess and implement ecologically appropriate work in a sensitive operating environment. Importantly, as a non-profit project partner, Lomakatsi will implement this work largely at actual cost, resulting in more acres completed for the dollars invested. This has gained the AFR project many additional acres over the past six years versus the projected accomplishments. Additionally, under the AFR Master Stewardship Agreement, Lomakatsi has the designated role within the group to coordinate workforce and contracting. Going outside this agreement would not be an appropriate course of action without first renegotiating the Master Agreement. The City lacks the internal capacity to field a workforce that would accomplish the project outcomes desired by the AFR partner and as spelled out in the City Council's goals for watershed and community safety. 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, as a non-profit, will charge the City on actual operatin camper acre for surface and ladder fuel treatments, which have proven to be less than project cost estimates over the past six 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 4000 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. Form #9 - Special Procurement - Request for Approval, Page 2 of 3, 3/29/2016 (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) 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 -4pril 5th, 2016 PUBLIC NOTICE Approval of a Special Procurement First date of publication: Apri>h; 2016'. 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 April 51h, 2016 This Special Procurement is a "Corrti-act- specific Special Procurement". The proposed contracting proceditre is direct aivard to Loritakatsi Restoration Project for site specific forestry ivork on the Ashland Forest Resiliei2ci- Steit,ardship project. LoniaLitsi has unique experience as a partner in this project, acrd has completed over 4000 acres of similar tivork on this project, in like conditions, and at or helotiv 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 279B.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 rotest shall be r delivered to the following address: City of Ashland n,g I ~ative, 90 N. Mountain, Ashland, OR 97520. The seven (7) day protest period will expire at 5:00pm on April k1 th, 2016. 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, 3/29/2016 Lomakatsi Restoration Project Restoring Ecosystems, Sustaining Communities P.O. Box 3084 Ashland, OR 97520 (541) 488-0208 FAX (541)488-4909 www. /omakatsi, 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 your time 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 Lomakatsi 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. 1. Prescribed Fire Treatments Under the direction of USFS 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 $350 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 CITY OF -ASHLAND Memo DATE: March 22, 2016 TO: City Council FROM: Chris Chambers, Forest Division Chief/Ashland Fire & Rescue RE: Lomakatsi Restoration Project Contract Special Procurement Determination of Feasibility The Ashland Municipal Code requires additional justification for any Special Procurement over $350,000. Per ORS 27913.036, Determination of feasibility of procurement, which in first part states that "a contracting agency may proceed with a procurement if the contracting agency reasonably determines in writing that using the contracting agency's own personnel or resources to perform the services that the contracting agency intends to procure is not feasible." A cost analysis is unnecessary if the contracting agency finds it "lacks the specialized capabilities, experience or technical or other expertise necessary to perform the services." ORS 27913.036 (1)(a). AFR must still "compare [AFR's] capability, experience or expertise in the field most closely involved in performing the services with a potential contractor's capability, experience or expertise in the same or a similar field." Id. Ashland Fire & Rescue Tel: 541-482-2770 455 Siskiyou Boulevard Fax: 541-488-5318 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us