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HomeMy WebLinkAbout2016-227 Contract - Cascade Research Contract for Personal Services less than $35,000.00 CITY OF CONSULTANT: Cascade Research, LLC ASHLAND CONTACT: Dennis Gra 20 East Main Street Gray Ashland, Oregon 97520 ADDRESS: 27 W Hersey St. Ashland, OR 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (541) 708-0899 DATE AGREEMENT PREPARED: 8/11/16 EMAIL: cascader@ashlandhome.net BEGINNING DATE: 8/22/16 COMPLETION DATE: 12/6/16 COMPENSATION: Not to exceed $13,000. Compensation includes the proposed cost of services ($10,000 per Exhibit C) plus a 30% contingency to accommodate unanticipated reporting requirements stipulated by the State Historic Preservation Office. Contingency funds shall only be used to accommodate unanticipated State reporting costs. Should preliminary findings result in a reduced scope of work, unnecessary tasks will be considered non-performed and non-paid. SERVICES TO BE PROVIDED: Consultant shall perform a cultural resource survey on the City's Lithia Springs Property, consistent with the proposed services in Exhibit C. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. Contractor is permitted to subcontract particular tasks delineated in the proposal providin- the contract with the subcontractor must be submitted to the City fora royal which the Citv1 not unreasonably withhold. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $20,283.20 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen b all employees. Contract for Personal Services less than $35,000.00, Page 1 of 6 '9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the 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. i ii. Time is of the essence for Consultant's performance of each and every obligation and duty under J this contract. City by written notice to Consultant of default or breach may at any time terminate I the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. j e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are i or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to I this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. ` 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. i 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers Professional Liability i sur nce a coy ' ed single lir ` or the valent not I han E, .gne: 25-_ 0 ,000 App or eac m-fraim, inci nt or o urrence. is is to Contract for Personal Services less than $35,000.00, Page 2 of 6 cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, 1,Q;O0, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. tornobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one- 00O $100,00 500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, 03L. Ing coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or chancie. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation, required herein, but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to a.ny urisdiction'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 i the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within i the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson, County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personarn jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any farm of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE 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, NOr SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT f HE/SHE HAS READ r HIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND I CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contract for Personal Services less than $35,000.00, Page 3 of 6 Consult City of Ashlan i By By Sign u Depart t Head e l~ . C 1>14~ Print Name Print Name F $(I CIIto. Title Date W-9 One copy of a W-9 is to be submitted with f O the signed contract. Purchase Order No. AR L _ _ 0 AS TO FORM Da Contract for Personal Services less than $35,000.00, Page 4 of 6 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached k'V-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 subjecA 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 profes.siol gal standards, and (d) Contractor is qualified, professionally competent and duly licensed lo peJorni tl-,e woA. Contractor also certifies under penalty of perjury that its business is not in violatif: cf 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. (2) Commercial advertising or business cards or a trade association membership are e purchased for the business. (3) Telephone listing is use for the business separate from the personal residence listing. (4) Labor or serAces are pe fol%„ned only pursuant to written contracts. f (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. Contractor (Date) Contract for Personal Services less than $35,000,00, Page 5 of 6 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING er hour effective June 30, 2016 (Increases annually every June 30 by the Consumer Price Index) . - . - . , portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. r For all hours worked under a business from the City of service contract between their Ashland in excess of ~ Note: "Employee" does not employer and the City of $203283.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,283.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, 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 Personal Services less than $35,000.00, Page 6 of 6 EXHIBIT C CASCADE RESEARCH, LLC 27 W. Hersey St. Ashland, Oregon 97520 cascader@ ashlandhome.net Proposal August 10, 2016 RE: Cultural Resource Survey for the Ashland Gun Club Wetland Mitigation Project Description: The City of Ashland (City) is proposing to remediate lead-contaminated wetlands on City-owned property (Lithia Springs) at 555 Emigrant Creek Rd., currently leased to the Ashland Gun Club. Remediation will include the removal of lead contaminated soil from 0.81 of an acre of wetlands, which will then be permanently filled. To compensate for the loss of these wetlands, two nearby parcels totaling 0.85 acres of historically filled former wetlands will be restored. Due to the presence of a recorded historic site (35JA574) on the Lithia Springs property, the U.S. Army Corps of Engineers (USACE) has requested that the City evaluate the Area of Potential Effect (APE), the combined 1.66 acres of wetland, for project impacts to any potentially significant Native or historic cultural resources. Project Background: A cultural resource survey (SHPO case #10198) was completed in 1987 (Hannon and Lebow), covering 66 acres of City property that includes Lithia Springs and other mineral-spring development features dating to the first half of the 20th century. The study recorded site 35JA574 as a historic archaeological site and docu vented a nurnber of features relating to both the private commercial and municipal development of Lithia Springs. At the present time, the recorded site covers the entire extent of the City property as of 1987 (66 acres), including the location of the historic features, but also including large areas where no resources of any sort were found. It appears that the site's extent was defined in 1987 simply based on the then-current City ownership of land and not on original ownership histories nor on presence/absence of historic features. Over the three decades since the original cultural survey was completed and the site recorded, the Ashland Gun Club has expanded its use of the property by constructing a number of new shooting ranges with protective earthen berms, although most (but not all) of the features noted during the 1987 survey still remain. A historic management plan for the Lithia Springs site was completed for the City in 2009 (Kramer). Research for the management plan concluded that the historic features had deteriorated significantly and that several of the features had been removed. Scope of Work: Due to the fact that the boundaries of site 35JA574, as recorded in 1987, include the proposed wetland APE, the information on the original 1987 site form will need to be updated to reflect the current condition of the site, as per the State Historic Preservation Office (SHPO) standards. Thus, after completion of the necessary background research and notification of concerned Native American Tribes, the proposed cultural resource survey will need to be conducted in several phases: Phase 1: As feasible, relocate, document, and map the historic features recorded during the inventory in 1987 and noted in the course of the development of the management plan of 2009. Complete a new State of Oregon Archaeological Site Form, and provide an updated map indicating the location of the historic features, as well as establish a new, feature-related, and likely more geographically constricted boundary for the site than the present 66-acre site boundary definition from 1987. This updated form (and site boundary) would then be sent to SHPO for a preliminary (and hopefully expedited) review. It may well turn out that survey will indicate that the actual site area is significantly less than 66 acres, as well as that it is a site composed of two geographically distinct sub-areas, with different histories (City development of Lithia Spring vs. private development of other springs in the vicinity, with a bottling plant and, later, an ice plant). Phase 2: If the Phase 1 determines that proposed wetland mitigation APE lies outside of the to- be-determined historic site boundary, I would then propose, through a SHPO excavation permit, to undertake a subsurface inventory of the 1.66 acres of wetland mitigation using shovel probes, that are 30 centimeters (1 foot) in diameter, to ascertain the presence or absence of any historic or Native-era remains within the APE. If, however, it is determined from Phase 1 that the APE lies within the boundaries of site 35JA574, as revised, 50cm x 50cm excavation units would need be employed, as per SHPO standards. (These square units would take considerably more time to excavate than the round 30cm-diameter shovel probes.) Phase 3: Submit a subsurface survey report to SHPO and USACE standards documenting any finds for the wetland APE, along with a new archaeological site form for the resources of what is now designated as site 35JA574 thus, updating site 35JA574 and delineating its boundaries, as well as investigating the two wetland areas. Schedule: August 20-September 10: Literature review and background research, including a search of the on-line SHPO data base. Notification of concerned Native American Tribes. Field recording of site 35JA574 and submission of an updated site form/boundary determination to SHPO for preliminary review. September 10-October 15: Obtain an excavation permit from SHPO for the APE subsurface survey (either for 30 cm shovel probes if the APE lies outside of the new site boundaries, or 50 x 50 cm excavation units if the wetlands remain within site 35JA574) October 15-November 15: Complete the field assessment/excavation of the wetlands APE and prepare a final survey report to SHPO standards and finalize an updated site form for 35JA574. Cost Estimate: Alternative 1: If the APE lies outside of the boundary of 35JA574, thus allowing for the use of 30 cm shovel probes for the subsurface survey. Not To Exceed: $8,000.00 Alternative 2: If the APE lies within the boundary of 35JA574, thus necessitating the use of 50 x50 cm excavation units for the subsurface survey. Not To Exceed: $10,000.00 Personnel: Dennis Gray M. A., R.P. A. of Cascade Research, LLC will serve as Principal Investigator, assisted by Jeff LaLande Ph.D., R.P.A. of LaLande Archaeology and History Services (see Appendix). FIRM QUALIFICATIONS Cascade Research, LLC is an archaeological consulting firm located in Ashland, Oregon, specializing in the history and prehistory of Oregon and northern California. Since 1991, Cascade Research's staff and associates have directed numerous cultural resource studies within the region in support of federal timber sales and planning actions, mining projects, as well as private sector housing, water, and commercial developments. The firm is familiar with NEPA and Section 106 compliance regulations, and has developed cultural resource management plans for federal agencies and private clients. For over twenty-five years Cascade Research has dealt with Section 106 requirements, evaluations for determination of eligibility, mitigation plans for no adverse effect decisions, as well as numerous historic and prehistoric cultural resource inventory studies. Archaeologist Dennis Gray M.A., RPA, owner and Principal Investigator of Cascade Research, LLC in Ashland, received his M.A. from Oregon State University and wrote his graduate thesis on the ethnography of Native American groups in the upper Rogue River region. Ashland Area Cultural Resource Projects: Principal Investigator, cultural resource monitoring of the Chautauqua Walkway Replacement, City of Ashland, Jackson County, Oregon, 2016. Principal Investigator cultural resource inventory of the Riparian Improvement Projects on Neil Creek, RM 2.0, Phases I and 2, Jackson County, Oregon. Report prepared for the Freshwater Trust and the U.S.D.I. Bureau of Reclamation, 2015-16. Principal Investigator cultural resource inventory and archaeological evaluation of two sites, 35JA869 and 35JA870 within Ashland Creek Park for Ashland Parks and Recreation Department, Ashland, Oregon, 2014. Principal Investigator, cultural resource inventory and monitoring for a proposed residential development (Alepha Springs) within the City of Ashland, Oregon, 2008. Principal Investigator, cultural resource inventory and monitoring of stream improvements along Bear Creek, Jackson County, Oregon, 2007. Principal Investigator, cultural resource inventory for a proposed residential development (Helman Baths) within the City of Ashland, Oregon, 2006. Principal Investigator, cultural resource inventory for the expansion of the U.S.D.I. Fish and Wildlife Forensics Laboratory, Ashland, Oregon, 2000. Principal Investigator, cultural resource inventory for proposed stream bank improvements along Roca and Paradise Creeks, Ashland Oregon, 1997. Appendix Curricula Vitae CURRICULUM VITAE Dennis J. Gray, Principal Investigator, Cascade Research, LLC Address: 27 W. Hersey St., Ashland, Oregon 97520 Telephone: (541) 708-0899/cascader@ashlandhome.net EDUCATION San Diego State University, San Diego, California, 1965-1970; B.S. in business management. University of Oregon, Eugene, 1981-1982; graduate study in historic architecture. Oregon State University, Corvallis, 1986; M.A. in interdisciplinary studies, with a major in anthropology. Thesis title: The Takelma and Their Athapascan Kin: an Ethnographic Synthesis of Southwestern Oregon. FIELD AND RESEARCH EXPERIENCE CASCADE RESEARCH: 1991 -Present. Owner and Principal Investigator, specializing in cultural resource management projects in southwestern Oregon and northern Californi a. ASSOCIATE, WINTHROP ASSOCIATES: 1983-1991. Co-principal investigator, and field director on numerous government and private CRM projects conducted by Winthrop Associates of Ashland, Oregon. AFFILIATIONS Register of Professional Archaeologists (RPA), 1987-present Society for American Archaeology REFERENCES Bruce Dickens, Park Superintendent, Ashland Parks and Recreation Pete Young, Park Planner, Medford, Oregon Parks and Recreation. CURRICULUM VITAE Jeffrey Max LaLande Archaeologist (M.A.; Registered Professional Archaeologist, RPA #10240; Secretary of Interior's professional-standards-qualified; state-qualified in both Oregon and California); Historian (Ph.D.); and Architectural Historian (meeting U.S. Secretary of Interior and Oregon SHPO requirements). 495 Chestnut St. #8, Ashland, Oregon 97520 Phone: 541-778-3257 (cell) 541-482-0711 (home) e-mail: imaxlalande@gmail.com or archandhistoryservices@gmail.com Services offered as an Archaeological and Historical Consultant: Dba LaLande Archaeology and History Services (LA&HS), and as the sole properietor of that enterprise, I provide a variety of services, including historical research and historical writing; archaeological survey; and evaluations of significance for archaeological sites and historic sites/structures. Since January 2008, entities for whom I have provided consulting services have included: U.S. Bureau of Reclamation; Bureau of Land Management (BLM) - Coos Bay District; Medford District - BLM; Redding District - BLM; Klamath Falls Resource Area-- BLM; Ecosystems Research Group, Inc.; The Nature Conservancy; Northern California Resource Center; Fremont-Winema National Forest (NF); Rogue River - Siskiyou NF; Modoc NF; Shasta-Trinity NF; Malheur NF; PacifiCorp; Cal-Ore Telephone; Century Link; City of Ashland; City of Klamath Falls; City of Jacksonville; Southern Oregon Historical Society, Klamath Basin Rangeland Trust; Black Mountain Environmental Consulting; Applegate Partnership and Watershed Council. Education 1993 University of Oregon, Eugene Ph.D. (Major field: American history, area of concentration: History of the American West.) Dissertation topic: Political history of southern Oregon, 1890s-1930s, tracing a regional tradition of rural-based political insurgency as revealed by three political movements: the People's party, the Ku Klux Klan, and the Good Government Congress. 1981 Oregon State University, Corvallis M.A. (Interdisciplinary: archaeology, architectural history, and history). Thesis topic: Archaeological and historical study of the adaptation and acculturation of Chinese gold miners in Oregon. (Architectural-history component obtained through course-work at School of Architecture, University of Oregon.) 1969 .Georgetown University, School of Foreign Service, Washington, D.C. B.S. in Foreign Service (International Affairs; triple major: history, government, economics). Selected Previous Employment Experience 1980-2008 Forest Archaeologist Rogue River National Forest (Rogue River - Siskiyou NF since 2002), Medford, Oregon As Forest Archaeologist, responsible for all aspects of the Forest's cultural resource management and heritage program; also served as the Forest Historian. Functions included policy direction, data management, ongoing training/technical supervision of seasonal archaeologists and cultural resource technicians, as well as inventory and National Register-eligibility evaluation of numerous cultural resource sites. Served as the Forest's Tribal Relations Coordinator, the primary staff person providing advice on American Indian issues (i.e., tribal rights and claims relative to Forest land management) to the Forest Supervisor and Distric Rangers. 1985-2010 Adjunct Professor of History Southern Oregon University, Ashland. Teaching undergraduate and graduate-level courses for History Department, Anthropology Department, Outdoor Leadership Program, and Extended Campus Programs. Miscellaneous Recent or Current Memberships: American Historical Association (Pacific Coast branch); Society for American Archaeology; Register of Professional Archaeologists; National Council on Public History; Association of Oregon Archaeologists; Oregon Historical Society; Southern Oregon Historical Society. Co-editor-in-chief, member of editorial advisory board team, and contributor, Oregon Encyclopedia of History and Culture (2006-present). Peer reviewer/referee of manuscripts submitted for publication by: Pacific Historical Review, Oregon State University Press, Oregon Historical Society Press, Oregon Historical Quarterly, Journal of the West, National Geographic magazine, etc. Board memberships: Board of Trustees, Southern Oregon Historical Society (2014-present; ca.1982-1985); Board of Directors, Crater Lake Natural History Association [Crater Lake National Park and Oregon Caves National Monument] (2011 -present); Oregon State Advisory Committee on Historic Preservation (gubernatorial appointment, 2004-2013); Editorial Advisory Board, Oregon Historical Quarterly (2003-2010); Board of Directors, Jackson County Cultural Coalition/Oregon Cultural Trust (2004-2007); Board of Directors, Friends of the Hannon (Southern Oregon University] Library (1999-2003); City of Ashland Historic Commission (ca. 1978-1981). DATE (?AA1, DVYYYYJ ,4C CERTIFICATE OF LIABILITY INSURANCE r 13M ',',?2 16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE GOES 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 poliey(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement can this certificate dues not confer rights to the certificate holder in lieu of such endorsement(s . ~t : S,4NDY SCHOROVSKY N*i~auuc >t tcc..tsN1E r-iatelc"irm BRIAN CONRA D STATE FARM INSURANCE PHONE 5414$2-8470 J fAX 541 382-6956 I.IVC, No, 1306 ASHLAND ST E-RAIL ASHLAND, OR 97520 INSURER(SI AFFORDING COVE PAGE i NAIC a INSURFR A : State Farm Fire and Casualty Company j_ 25143 INSURED INSUKER ta ; CASCADE REST-ARCS LLC INSURER C : 27W HERSEY ST INSURER D : ASHLAND, OR 9752 tNSUR a € ; INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TK IS To CERTIFY THAT NI POLICIES OF INSURVNCE LISTED 13ELOti^r HAVE BEEN ISSUED TO THE INSURED NA:~.tED ABOVE FOR THE K)LICY PERIL INDICATED. NO T a'i1TH~Tk,'dDll€G ANY REQUIRENIIENT, TERM OR C:ONDI T ION OF ANY CONTRACT OR OTHER DrOC'UNIENT 4'IATH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUPtANCE AFFORDED BY THE POLICIES DESCRI13ED HEREIN IS SUBJECT TO ALL THE ± ER rS, EXCLUSIONS AIND CONDITIONS OF SUCH POLICIES. LIMITS SHUI+tib'N MAY HAVE BEEN REDUCE-:08Y PAID CLAIMS- !NSR A,00L SV5R POLICY £FF POLICY E)(P T'R TYPE of IN5URA NCE i ly%rp! PO13GY N@~MBER ( rA?6 DIt yY r9rr! rYY1 LIMITS rr`_ COrAM€RCtkL GENERAL LIABILITY I s?A,i_H ti?":IaC<RE.; L ; 1.Cra0,93CI 1,AMAGC TO RENTF(i i 300,000 t.. t fi+RFtrIF:i a. f,ariL~l MELD EXP lA.av me pe^^or; 3 5,000 I 97-132-8064-9 G3101?2G16 03 0 201? F Nk%iz.C1;,4L 8, .i<-V INJURY $ EFt. 1 GLNF12:,t A(IGRFt'W1 E fiGt i ~?cCf T~ LC::. + (''FoE,UcTS cof.1F-.,op vf,0a ` S 2,00D,000 0THFR. AilTtlMOBILE LIABILITY COA16INU) -SINGLC LIMIT A; I~' :'J1iJ RODILY INJUHY (Var perw , 1 5 Oa3tvFG i .z/ H~t7411_F~r E Ai T1 ONLY Ali I Q~: I O»IL'r' INJURY HURLS, G a _ t l UMBRELLA l,iRl a7CCUR ! c40Fl D0::URRFNCF ' t EXCESS ILIAS 1: L1 2`IENIWINS _ WORKERS COMPENSATION `fi*ri?~~IJTE ~ i ANO EMPLOYERS' Lb%51LITY Y )N ANY ~hOP,iii.7l:t=~RTT,JER.EiSE:~t'!'dy ? E.~_. EAC1iACLI07Nf N I A IDFFIGER7.tEMeEP EkCL+JJEO F ,061andatory in Nti) I h t ~t A :F 1:MFLOYL0 S 1 ' `Cr+IF'TIG"~ tr 10P•-RATIQNS betaw I C.L. v,`CN:C PJLICI I.II.I " S I t I ~ f DESCRIPTION OF OPERATIONS: LOCATtONS I VEHICLES (AtoRD lol, Add,banal Remarks Schedule, may he:rKachcd if mcm space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ADDITIONAL INSURED: ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF ASHLAND AUTHVg17t7n RTPRF_'SEPTTATI~ 20 EAST MAIN STREET r ~ , ASHLAND, R ,20 ~ ~ r t ` , j?; .yf, ~ r~ ~ ~ j_ t J{ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (201ef03) The ACORD name and logo are registered mare of ACORD 1G~1476 ts~~>}°,~; 1;t?'-1:-qtr, f KEMPER PREFERRED _ ROGUE VALLEY INSURANCE Insurance Provided By 518 WASHINGTON ST ASHLAND, OR 97520 VALLEY PROPERTY & CASUALTY INSURANCE COMPANY Agency 'hone (541)482.1921 12926 Gran Bay Pkwy W - Jacksonville FL 32258 r Famed insured an 1. Iir A_Address Pc Ii Number Pc r Period 000:30 .,>S-af 74 2 5684 .4-7.r 4 =2<<:r R3 911738 Effective: 11-0-2015 iii I lli i II 1111111 fill 111114Jill fillIII11111111 #111#1 Isis Expiration: 11-01-2016 DENNIS GRAY Producer Cade 12.01 a.m. standard time. 27 W HERSE Y S 53-9520 ASHLAND, OR 97520-1158 LICE` DECLARATIONS - PACKAGE PLUS POLICY SUMMARY INFO R A11'ION _ Annual Premium RESIDENCE PREMIUM (SECTION I AND SECT-ION 11) $ 179.00 PAYMENT EXPECTED FROM INSURED AUTOMOBILE PREMIUM (SECTION 111) $ 727.04 PAYMENT EXPECTED FROM INSURED TOTAL POLICY PREMIUM_ $ 906.00 COVERAGE APPLIES ONLY IF A PREMIUM OR LIMIT OF LIABILITY IS SHOWN FOR THE COVERAGE. DETAILS CONCERNING SPECIFIC COVERAGES AND PREMIUMS FOR YOUR POLICY CAN BE FOUND ON THE FOLLOWING PAGES. gf 8 i t Indicates a charge was made to your g:.olic AID 5034 (08 00) 6NTINUED ON REVERSE oa~~N- insured lame DF.NNTS GRAY Policy Number RB 911738 VEHICLE COVERAGE INFORMATION sUMMA'RY OIF COVERED VEHICL EfS) ANC) PREMIUM() _ Term Premium SECTION lit No. Year Matte Model Vehicle identification No * 1 2005 HONDA R-.V EX _ .;HLRD 88050041588 $ 727.00 TOTAL AUTOMOBILE R IU 727.00 ACCIDENT {S) OR ViCl..ATION Date/Type .....W__.~..,,,..,~ 08-30--2014 ACCIDENT VEHICLE 1' INFORMATION Gaarag~ Location ASHLAND, OR 97520 Year Make 'Mode Vehi,. e idecitirication Nor Glass Code Territory Tier 2005 RONDA CR-V E ITHLR 11) 7860!~ IC04158~ ~i?71Otl2 208 Linlit of Term Liability Premium DENNIS r GRAY°rrnation A. Liability Driver St/License Number Bodily Injdfry - Each Accident $ 3 0 0 , 0 0 0 $ 331 .00 Date of Birth Sex Marital Status Property Darnage - Each Ac ciderit ZNCL INC1j M Divorced B. Medical Payment Each Person C. Uninsured Motorists Bodily (niury - Each Acrirtent $ 300, 000 $ 8 7. 0 0 Property Damage Each Accident $ 25,000 $ 2 0. 0 0 D. Damage To Your Auto Actual Cash Value JACV} minus deductible shown Collision Loss $ Soo $ 120.00 Comprehensive Lass $ 250 $ !~O . 00 Towing and Labor Cost Per Disablement $ 75 $ 10.00 Total Premium for Vehicle Endorsements Listed Below $ 109.00 TOTAL. VEHICLE PREMIUM $ 727.00 CREDITSAPPLIED TO THE VEHICLIE ABOVE Anti-Theft Devices Multi-Policy Edition aleh Term Number Oate Dcl scri tiol° No Premium AU978 01•-10 UNINSURED MOTORISTS COVERAGE _ OR PP1301 12-95 COV FOR DAMAGE TO YOUR AUTO EXCLUSION AU1072 02-14 PROPERTY DAMAGE UNINSURED MOTORISTS OR AU887 01-01 I'N'c. M.ED EXP PIP 1 TOTAL LIMITS $ 25,000 *PP'0558 10--13 PERSONAL INJURY PROTECTION COVERAGE OR 1 $ 109.00 DELUCTIBLE y; NONE INSURED & RELATIVES AU909 06--05 EL CTPONIc EQUIPMENT COVERAGE AU848 06-10 CHANGES TO YOUR POLICY AU10 4 2 01 -12 PART D---CO EPAGE FOR DAMAGE TO YOUR AUTO *PP2318 10--13 VEHICLE SHAPING PROGRAM EXCLUSION Pf3LdlCY'ATTACHMEi~IT{~~ Editions Number Cate ' Description AK2069 09-90 ALTERED TERMS OR RATES NOTICE i, AK3161 02--90 FAIR CREDIT/PRIVACY LAW AK5166 01--10 PRTA"~,-ACY STATEMENT *Indicates a change was made to yom pc.ai*c . AK 5034 (08 00) CONTINUED Sa, Fcorporation Information Page Carrier No: 20001 Policy No: 790122 Employer Identification No: 93-0994679 NCCI Risk ID No: Item 1. The Insured: Entity Type: CASCADE RESEARCH LLC LIMITED LIABILITY COMPANY Mailing address: Agency: CASCADE RESEARCH LLC REINHOLDT & OHARRA INSURANCE 27 W HERSEY ST 518 WASHINGTON STREET ASHLAND, OR 97520-1158 ASHLAND, OR 97520 Other workplaces not shown above: 271 MORTON ST ASHLAND, OR 97520-2949 Item 2. The policy period is from 04-01-2016, 12:01 A.M. to 04-01-2017, 12:01 A.M. at the insured's mailing address Item 3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here: OREGON B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in item 3.A. The limits of our liability under Part Two are: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Bodily Injury by Disease $500,000 policy limit C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: NONE D. This policy includes these endorsements and schedules: WC360601 E Oregon Cancellation Endorsement W0000421 D Catastrophe (other than Certified Acts of Terrorism) Premium End W0000422B Terrorism Risk Insurance Prog Reauthorization Act Disclosure End WC000414 Notification of Change in Ownership Endorsement W0000406A Premium Discount Endorsement WC360406 Premium Due Date Endorsement W%-9933G9C SAIFPIus--Endorsement WC360301 Oregon Unsafe Equipment Exclusion Endorsement WC990616 Confidentiality Endorsement Item 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. The premium and rates and the experience rating modification factor, if any, may change on your anniversary rating date of 04-01-2017. All information required below is subject to verification and change by audit. Purchase Order Fiscal Year 2017 Page: 1 of: 1 - - MIN B City of Ashland = I ATTN: Accounts Payable, L 20 E. Main Purchase n n L Ashland, OR 97520 Order # 92 T O V CASCADE RESEARCH LLC H C/O Engineering Division E 27 W HERSEY STREET I 51 Winburn Way N p Ashland, OR 97520 D ASHLAND, OR 97520 Phone: 541/488-5347 O T Fax: 541/488-6006 R O x Nurn.r =R$~t~i _ - - Vendor Phone Number WGE 541 709-0899 Ka lea Kathol _ Date vier d _V~nd0 alIRirrnber== fat gotr Z- _ - - n_ _ _ 08/18/20.16 1452 - FOB ASHLAND OR Cit Accounts Payable Rapt Cultural Resources Survey The Above Purchase Order Number Must Appear On All Correspondence - Packing Sheets And Bills Of Lading 1 Cultural resources survey at Ashland Gun Club in support of 1.0 $13,000.00 $13,000.00 wetland mitigation project. Project #200907.999 Contract for Personal Services Less than $35,000 Beginning date: 08/22/2016 Completion date: 12/16/2016 GL Account: $13,000.00 GL SUMMARY 082400 - 604100 $13,000.00 By: Date: ~ Authorized Signature'- = $13,000.00 FORM #3 CITY OF ASHLAND REQUISITION Date of request: 8/15/16 Required date for delivery: 8/19/16 Vendor Name Cascade Research LLC Address, City, State, Zip 27 W Hersey St, Ashland, OR 97520 Contact Name & Telephone Number Dennis Gray, (541) 708-0899 Fax Number cascader@ashlandhome.net 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 _ Attach co of council communication _ If council approval required, attach co of CC ❑ 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) -(Attach copy of council communication) ❑ 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 (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost Consultant to provide cultural resources survey at Ashland Gun Club in support of wetland mitigation project $13,000 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost XXX xxx xxx TOTAL COST ® Per attached quote/proposal ry 14- -gel. .r p Project Number 200907. 999 Account Number 410.08.24.00. 604100 Account Number Account Number *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes / No By signing this re ion form, I certify that th City's pu fc contracting requirements have been satisfied. Employee: Department Heao°~ (Equ~i to or greater than $5,000) Department Manager/Supervisory City Administrator: 5 (Equal to or greater than $25,000) °.4 Funds appropriated for current fiscal year: ~ , . ° Finance Director- (Equal to or gr er than $5, 000) Date Comments: Form #3 - Requisition CITY OF ASHLAND FORM #4 DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Mike Faught, Public Works Director Kaylea Kathol, Project Manager Date: 8/15/16 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The Public Works Department intends to contract with Cascade Research, LLC to provide archaeological services at the Lithia Springs (Gun Club) property. The survey was requested by US Army Corps of Engineers, following the City's submittal of a Joint Permit Application for the Lithia Springs Wetland Mitigation Project (Project). Public works anticipates a start date of August 22, 2016, and a completion date of November 15, 2016. Services include a cultural resources survey within the Project's Area of Potential Effect (APE), consistent with the standards of the State Historic Preservation Office (SHPO) for lands that could contain potentially significant Native or historic cultural resources. The survey will include the following phases: (a) relocate, document, and map historic features previously recorded; (b) obtain a SHPO excavation permit and excavate study sites, as needed; and (c) submit a survey report to SHPO and USACE standards documenting findings within the APE. The estimated cost and amount budgeted is $13,000. The department has developed, and fully plans to implement, a written plan for utilizing archeological services, which will be included in the contractual statement of work as Exhibit C (Proposal). Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? City staff does not have the technical expertise of time required to perform the cultural resources survey. Review of the survey will be conducted by City staff and submittal of the report to the Corps and SHPO will not take place without staff approval. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 8/15/2016