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HomeMy WebLinkAbout1995-068 Contract - Hamann Logging - CITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000 CITY OF ASHLAND, (CITY) CONSULTANT: Don Hamann Logging, Inc. 20 E. Main St. 6200 Obenchain Road Ashland, Oregon 97520 Address: Butte Falls, OR 97522 (503) 482-3211 FAX: (503) 488-5311 Telephone: 865-3310 AGREEMENT DATE: June 6, 1995 113. BEGINNING DATE: June 7, 1995 1[4. COMPENSATION: $2850.00 V. COMPLETION DATE: June 8, 1995 1[1. SERVICES TO BE PROVIDED: Contractor will perform timber falling services, including the extraction of merchantable timber and transport to Boise Cascade, in accordance with the attached specifications . ADDITIONAL TERMS: Contractor will be responsible for furnishing all supervision, tools, transportation, operating supplies and equipment necessary to perform the work in accordance with the project specifications. CITY AND CONSULTANT AGREE: 1. 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. 2. 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 workerlike manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Consultant shall also procure and maintain a current City of Ashland business license. 3. Completion Date: Consultant shall start performing the service under this contract by the date indicated above and complete the service by the completion date indicated above. 4. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum of specified above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work completed in the prior month. 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. 5. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279.312, 279.314, 279.316 and 279.320 are made part of this contract. 7. 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 approximately caused by the negligence of City. 8. Termination: This contract may be terminated by City by giving ten days written notice to Consultant and may be terminated by Consultant should City fail substantially to perform its obligations through no fault of Consultant. 9. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract and prior to commencing any work, Consultant shall provide City with adequate proof of workers' compensation coverage. Consultant is a subject employer that will comply with ORS 656.017. 10. Insurance: Consultant shall, at its own expense, at all times during the term of this agreement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, professional errors and omissions, products and completed operationc and comprehensive automobile liability including mvned and nor.-owned automnhiles. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the City shall be filed with City's Risk Manager prior to the commencement of any services by Consultant under this agreement. These certificates shall contain provision that coverages afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. 11. 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. CONSULTANT: CITY OF ASHLAND:, v BY Jd& BY 00 AMA-AA' Director of Finance Its CONTENT REVIEW. (City Dept Head) Dqfe: FORM REVIEW: (City Attorney) Date: Fed. ID #?' Purchase Order # Coding: (for City purposes only) City of Ashland Logging Specifications & Standards Parcel 39 1E 16BA 1500 5.5 acres OPERATOR: Don Hamann Logging, Inc. The following timber falling & extraction specifications and standards will be applied to this project: 1. The Contractor will retain the right to exercise discretion concerning the decision to fall timber when it is deemed unsafe or hazardous to operating personnel. 2. Damage to unmarked timber, including hardwoods and all other trees planned for retention after harvest, will be kept to an absolute minimum. 3. The Contractor will fall and remove timber in accordance with timber marking specifications. 4. The City will retain ownership of merchantable timber and pay applicable taxes. The Contractor will be responsible for the transport of logs to Boise Cascade in White City, OR. The City will provide a log brand for Contractor use. 5. The Contractor will adhere to all relevant federal laws, and state laws under the Forest Practices Act, and all other laws and regulations applicable to the profession. 6. Unit boundaries are clearly marked, and Contractor will restrict operations to within marked boundaries at all times. 7. Contractor machinery operations will be restricted to Ashland Loop Road. 8. Contractor heavy equipment, such as skidders and lowboys, will travel to and from the project site via Granite Street to Pioneer Street to Glenview Street to Ashland Loop Road. 9. Project work will commence after 7 am and will terminate at by dusk. 10. Contractor will exercise reasonable care to limit damage to the surface of Ashland Loop Road. City street crews will grade road surface upon completion of logging operations. 11. Logs will be decked on Ashland Loop Road to the full extent possible to limit damage to soil and vegetation. 12. Contractor will exercise care to prevent the occurrence of fire, and provide prompt fire suppression efforts in the event of a fire incident. 13. Logs to be delivered to Boise Cascade shall not exceed 35 feet in length, and have a minimum diameter of 5 inches. 14. Public access is prohibited on project site. Contractor may install own lock on City access gate for duration of project to facilitate entry. 15. Safety on project site is a City priority. General public has been instructed to stay clear of work area. Contractor should notify Ashland Police Department of trespass situations at 482-5211. MAR'Iy MAIN PRESIDENT Small Woodland Services, Inc. 1305 Butte Falls Highway Forest & Resource Management Eagle Point, Oregon 97524 503/826-5306 Stand Marking The stand in this unit is in an advanced stage of ongoing mortality, spreading from north to south. This condition made tree-retention decision-making very difficult. Final decisions were based on the City's prioritization of objectives as outlined in the silvicultural prescription recently submitted. The City's prioritization of other objectives (such as neighbors' concerns about snags, wildfire prevention, and maintenance of aesthetic values and sense of privacy) above forest health considerations additionally complicated the marking. Some trees were left in an attempt to achieve aesthetic or privacy objectives that otherwise may have been removed if forest health had been the only, or the major, consideration. It is essential that the City understand that completion of this job under the existing marking WILL NOT SOLVE ALL THE PROBLEMS on this parcel. It is impossible to correct the years of neglect and developing problems (as outlined in the silvicultural prescription) in one entry or treatment. The City should fully expect additional trees to die in the stand in the next five years even after this initial treatment-and should be prepared to again enter the stand for ongoing maintenance. As clearly stated in the silvicultural prescription, ongoing commitment to management of this parcel is essential (i.e., reforestation, developing fuel hazards, slope stability concerns, etc., as well as likely re-entry to remove additional mortality in years to come). The completed marking is my best effort to create stand conditions that maximize objectives as outlined by the City. The following guidelines describe the marking: (1) All trees to be removed are marked with blue or orange paint at chest height and at the base of the tree on the downhill side of the bole. This includes all dead trees of any species, dead or dying merchantable trees, poor quality suppressed pre-merchantable conifers, and occasional other trees that could improve the health and vigor of preferred leave trees. (2) All unmarked or black painted trees are to be retained standing in the unit. (3) All orange-marked trees are located within 75 feet of slope distance of road edge of Ashland Loop Road. These orange-marked trees are merchantable trees that can be yarded and sold to local mills if so desired by the City. Approximately one self-loading log truck load of merchantable trees are orange-marked. Additional blue marked merchantable conifers located below this 75-foot line could also be yarded and sold, although at considerably more expense if horse logging with block and tackle is the chosen harvest system. (4) No trees were marked for removal within 50 feet horizontal distance of the major draw that drains downhill along the eastern property line. (5) The lack of a clearly marked northern property line prevented my marking in that area. I stayed a good distance away from the "apparent" line and house along that line. There are trees that should be removed within this unmarked area. THIS NORTHERN PROPERTY LINE SHOULD BE SURVEYED AND/OR CLEARLY MARKED PRIOR TO BEGINNING ANY TREE REMOVAL. Although unlikely, it is possible I may have marked trees for removal that are actually on the adjacent parcel since I could locate no clearly established property line. (6) Live hardwood trees were rarely marked for removal, but rather retained for aesthetic and personal privacy objectives. These unmarked hardwoods should not be removed unless they represent a safety hazard to the loggers (7) No trees were marked in small wedge of property east of the major draw.