HomeMy WebLinkAbout2012-116 Contract - Lomakatsi Restoration Project Contract for GOODS AND SERVICES Less than $25,000
CITY OF CONTRACTOR: Lomakatsi Restoration Project
ASHLAND CONTACT: Aaron Nauth
20 East Main Street
Ashland; Oregon 97520 ADDRESS: P.O. Box 3084, Ashland, OR 97520
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE: (541) 488-0208
DATE AGREEMENT PREPARED: 5/14/2012 FAX: Nauth@lomakatsi.org
BEGINNING DATE: 5/28/2012 1 COMPLETION DATE: 6/30/2012
COMPENSATION: Up to $7,000 maximum.
GOODS AND SERVICES TO BE PROVIDED: Lomakatsi will provide forestry services including project layout
and planning, chainsaw thinning of trees and brush, education of park users, and moving materials to nearest
access point for chipping. All work will be done in conjunction with the Ashland Parks and Recreation
Department at Siski ou Mountain Park. See attached project proposal.
ADDITIONAL TERMS: Lomakatsi will follow proposal attached as Exhibit C.
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 $25,000.00, unless a
separate written contract is entered into by the City.
5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of
City.
6. Statutory Requirements: ORS 279B.220, 2796.225, 27913.230, 279B.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, indemnity and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses,judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Contractor(including but not limited
to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this
contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs,
judgments, or other damages, directly, solely, and proximately caused 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
Contract for Goods and Services Less than $25,000, Revised 06/30/2011, Page 1 of 7
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:
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 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 tha $1,000,000,
for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned
vehicles, as applicable.
Contract for Goods and Services Less than$25,000, Revised 06130/2011, Page 2 of 7
d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or
irltent not to renew the insurance coverage(s)without 30 days' written notice from the Contractor or its insurer(s) to
the City.
e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages
required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work
under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the
parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If
requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The
Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-
insurance.
17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon)and
the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further
liability to Contractor.
20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is
required before any work may begin under this contract.
21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by
reference.
Contractor: City of Ash and ,
By By 4Y1�✓' �4""
Signature Department Head
Print Name Print Name
S,36 — f Z
Title Date
W-9 One copy of a W-9 is to be submitted with j '5�p c?
the signed contract. Purchase Order No.
p to tORf1
Contract for Goods and Services Less than$25,000, Revised 06/30/2011, Page 3 of 7
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be
issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
criteria:
(1) 1 carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
/ purchased for the business.
V (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.
S �
Contracto (Date)
Contract for Goods and Services Less than $25,000, Revised 06/3012011, Page 4 of 7
Exhibit C
April 23rd, 2012
Lomakatsi Restoration Project Proposal
Promoting Ecosystem Resiliency in Siskiyou Mountain Park
Lomakatsi's specific knowledge and prior experience in Siskiyou Mountain Park
Lomakatsi has completed approximately 75 acres of ecological fuel reduction,
chipping, piling, burning and weed abatement activities in 5 treatment areas of
Siskiyou Mountain Park (SMP) from 2005 to 2010. Lomakatsi wrote detailed
prescriptions for SMP in regards to managing the specific species composition of
the local flora and fauna while addressing how to treat the various forest.
conditions zone by zone. These documents have been developed in partnership
with Ashland Parks and Recreation and Lomakatsi technical forest specialists
based on ecological forest health and fuel reduction assessments. Overall,
Lomakatsi has a time-tested familiarity on by assessing how the ecosystems
within SMP have responded to past treatments and therefore have learned the
most effective methods to meet desired outcomes.
Lomakatsi will provide on-site education about activity in SMP
Lomakatsi has developed an in-school forest ecology and restoration education
program called Full Circle Schools (FSC). This program enables Lomakatsi to
provide students from ages 10-17 with field tours of completed forest restoration
activities. FSC adopts these sites to enable these students to get hands-on
experience doing maintenance activities, such as invasive weed pulling and
native grass re-seeding, after initial fuel reduction treatments have taken place.
Lomakatsi does public outreach and education about active projects,
especially when working in high-use public parks such as SMP. Project managers
are instructed to take the time to educate the public (dog-walkers, hikers and
bikers) who ask questions about restoration activities in progress.
Lastly, Lomakatsi uses SMP as an "outdoor classroom" for public presentations
about ecological fuel reduction design and implementation
Details of the proposed treatment in Siskiyou Mountain Park
Lomakatsi is proposing to do drip line and radial thinning around current/future
legacy conifer and hardwood representatives (legacy tree release) while
reducing the density of surface and ladder fuels that could carry fire into the
crowns of this overstory component. This will achieve the objectives of benefiting
Contract for Goods and Services Less than$25,000, Revised 06/30/2011, Page 6 of 7
overall forest health of the legacy specimens by reducing competition while
accomplishing fire management goals to abate the threat of catastrophic
wildfire in the Wildland Urban Interface. All treatments will be tailored to the site-
specific needs of each area.
Scope of work,acres and cost
Lomakatsi is proposing to do approximately 10-12 acres of legacy tree release
and density management activities at SMP within a 30 acre footprint. This will be
based on daily rate cost of $2,500.00 of an 8 person professional saw crew
thinning and doing slash disposal preparation for three days with interactive
oversight from 2 Lomakatsi project managers (this includes all planning and
administrative overhead costs). Ashland Parks and Recreation will be complete
the slash disposal by chipping. The treatment proposal and implementation
guide has been reviewed and approved by Jeff McFarlane from Ashland Parks
and Recreation. This implementation guide will be available for all crews,
managers and partners to review.
Thank for your consideration of our proposal to perform planned work activities
at Siskiyou Mountain Park. We look forward to continuing our ongoing restoration
work.
Aaron Nauth
Contracting and Workforce Division Supervisor
Lomakatsi Restoration Project
www.lomakatsi.org
n a uth ra)lo makats i.org
Cell: (541)821-3995
Office: (541)488-0208
Fax: (541)488-4909
P.O. Box 3084, Ashland OR 97520
Contract for Goods and Services Less than$25,000, Revised 06/30/2011, Page 7 of 7
GITY RtVVRUEfl Page 1 / 1
CITY OF
ASHLAND DATE:�. � ".'��. /`-� PO NUMBER .. s.
20 E MAIN ST. 6/8/2012 10904
ASHLAND, OR 97520
(541)488-5300
VENDOR: 006637 SHIP TO: Ashland Fire Department
LOMAKATSI RESTORATION PROJECT (541)482-2770 5
P O BOX 3084 455 SISKIYOU BLVD
ASHLAND, OR 97520 ASHLAND, OR 97520
FOB Point: Req.No.:
Terms: Net Dept.:
Req.Del.Date: Contact: Chris Chambers
Special Inst: Confirming? NO
;..Quanta Unit Price Ext.'Price"
Lomakatsi will provide forestry 7,000.00
services including project layout and
planning, chainsaw thinning of trees
and brush, education of park users, and
moving materials to nearest access
point for chippinq. All work will be
done in conjunction with the Ashland
Parks and Recreation Department at
Siskiyou Mountain Park.
Contract for Goods & Services
Beginning date: 05/28/2012
Completion date: 06/30/2012
Insurance certificates required
Not to exceed $7,000
Special Procurement
Approved by Council on May 1, 2012
Valid until June 30, 2012
SUBTOTAL 7,000.00
BILL TO:Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 7,000.00
ASHLAND, OR 97520
Account Number ProjecfNlimber, - -" Amount .'Account Number - .Project Number., `AmounE-
E 670.08.29.00.604160 E 000285.400 7,000.00
Authoriterd Sig a��/Z VENDORCOPY
FORM #3 CITY OF
A request for a Purchase Order ASHLAND
REQUISITION Date of request: 6/6/12
Required date for delivery: 6/8/12
Vendor Name I nmakatsi Restaration Pr iiort
Address,City,State,Zip P.O.Box 3084 Ashland,OR 97520
Contact Name&Telephone Number Aaron Nauth,(541)488-0208
Fax Number Nauth@lomakatsi.org
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form#13,Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than$5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract#
❑ Verbal/Wdtlen 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 oroposal attached Agency
❑ (3)Written quotes attached ® Special Procurement Contract#
PERSONAL SERVICES ® Form#9.Request for Approval Intergovernmental Agreement
$5,000 to$75.000 ❑ Written quote or proposal attached ❑ Agency
❑ Less than$35,000,by direct appointment Date approved by Council: Date original contract approved by Council:
❑ (3)Written proposals attached 5/112012 (Dale)
Valid until: June 30 2012
Description of SERVICES Total Cost
Lomakatsi will provide forestry services including project layout and
planning, chainsaw thinning of trees and brush, education of park users,
and moving materials to nearest access point for chipping. All work will be $ 71000
done in conjunction with the Ashland Parks and Recreation Department
at Siski ou Mountain Park. See attached project proposal.
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
® Per attached quotelproposal $7,000
Project Number 000.285.400 Account Number 670.08.29.00.604160
Account Number Account Number
'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support-Yes/No
By signing this requisition foRn, I certify that the City's public contracting requirements have been sa 'sfied.
Employee Signature: �/ � Department Head Signature: —94^- d
(( ual to or
Additional signatures(if applicable): //� / greater t $S,OOe)
than
Funds appropriated for current fiscal year YF / NO 44 G Ze i
Finance Director-(Equaltoorgrearer n$5,000) Date
Form#3-Requisition