Loading...
HomeMy WebLinkAbout2015-108 Contract - Grayback Forestry Contract for GOODS AND SERVICES Less than $25,000 C I T Y OF CONTRACTOR: Grayback Forestry, Inc. ASHLAND CONTACT: Thom Odem 20 East Main Street Ashland, Oregon 97520 ADDRESS: PO Box 838, Merlin, OR 97532 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (541) 476-0033 DATE AGREEMENT PREPARED: 3/20/2015 FAX: (541) 476-0162 BEGINNING DATE: 4/8/2015 COMPENSATION: Up to $25,000 to be paid upon completion of each burn unit and/or activity as follows: Unit C1=$4,378 for full service underburn on 5 acres. Unit P/Q=$16,480 for full service underburn on 20 acres. Burn Plan and Fireline Completion/Payment: City will pay contractor for burn plan completion ($200 per unit plan) and fireline construction ($.25 per linear foot through Global Positioning System measurement) on each burn unit if either or both units are not burned in Spring of 2015. Grayback may provide additional resources at the City's request after the burn has been released to the City and according to the pricing list for "N-Mods" attached as Exhibit D. GOODS AND SERVICES TO BE PROVIDED: Contractor will provide goods and services necessary to complete prescribed underburning on City of Ashland forestlands according to Exhibit C: Technical Specifications and additional resources under Exhibit D: N Module Pricing. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and 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. 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 27913.220, 2798.225, 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 $20,142.20 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 Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 1 of 13 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 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 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 an covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 2 of 13 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 for each occurrence for Bodily Injury and Property Damage. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000, for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 3 of 13 Contractor: City of Ashland By By Signature r" Department Head Print Name Print Name 1/ t C t ~'2 ~S ICJ 7- Date Title W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 4 of 13 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 ecific 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. (3) Telephone listing is used for the business separate from the personal residence listing. E 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. Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 5 of 13 CITY • ASHLAND, OREGON EXHIBIT B City of Ash land LIVING WAGE per hour effective June 30, 2014 (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. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of v Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. y 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 employee's or more of the r 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 O F ASHLAND Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 6 of 13 EXHIBIT C Technical Specifications Burn Plan Completion Complete and submit for approval a Prescribed Fire Plan for each understory burn. City of Ashland will provide a Prescribed Fire Plan for each unit with Elements I thru 8 completed. The City of Ashland will complete elements covering signature page, complexity and risk analysis, description of the burn area, burn objectives, resource protection, post-burn objectives, burn prescription, notifications, wildfire conversion, smoke management and air quality. The contractor shall complete Elements 9 thru 14 covering organization and equipment needs, ignition plan, holding and mop-up plan, contingency plan, communications plan, and medical plan. Element 9 - Organization & Equipment Needed - Shown in the Sample Prescribed Fire Plan. This portion is completed by the Contractor. The Contractor shall complete the workforce and equipment needs, portion of the Plan for the Low, Desired, and High acceptable prescription range of the fuel and weather parameters. The workforce and equipment listed by the Contractor will represent the minimum acceptable amounts needed at that level to successfully carry out the burn and to contain any escaped fires. The contractor will determine the minimum equipment and personnel needs at the time of an escaped fire in "outside fuels" with given prescription parameters. The contractor will determine line building capability of resources on site. Line building capability will be compared to the predicted rate of spread in BEHAVE to determine if resources are adequate to contain an escaped fire. Element 10 and 1 I- Ignition Plan & Holding Plan - Shown in the Sample Prescribed Fire Plan. This portion is completed by the Contractor. a. A narrative discussing firing plan and technique; identify potential holding problems and location of holding forces, strategies and objectives; location of water sources; counter measures for slopovers; and any other ignition and holding considerations. Indicate what shall be done, when it shall be done, how it shall be done, who shall do it, and shall include work force, equipment and supplies needed. b. Map at a scale fitting the entire unit (as large as possible) on a 8`/z by I I-inch sheet of paper, showing ignition technique and pattern, placement of holding crew and equipment, area(s) of concern, and location where weather shall be monitored and documented. A map legend shall be included. Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 7 of 13 c. Any changes in the ignition and holding elements of the Prescribed Fire Plan shall be submitted to the City of Ashland Representative for approval the day of ignition or before. Element 12 - Contingency Plan & Escaped Fire Plan - Shown in the Sample Prescribed Fire Plan. This portion is completed by the Contractor. Contractor will describe in detail the strategies and opportunities for containing an escaped fire from any flank of the unit by including direct and indirect attack methods. Element 13 - Communications Plan - Shown in the Sample Prescribed Fire Plan. This is completed by Contractor and the City of Ashland. Element 14 - Medical Plan - Shown in the Sample Prescribed Fire Plan. This is used by the City of Ashland for City of Ashland employees and for Contractor employees when a burn is declared a wildland fire. The Contractor shall have its own medical plan in place. Prescribed Fire Plan Elements 15-23 consists of checklists, worksheets and information for use by the contractor and City of Ashland Representative in preparing and implementing the prescribed burn. 1) Element 15 - Pre-Ignition Checklist - Shown in the Sample Prescribed Fire Plan. This is used by City of Ashland to verify all items are in place to implement the burn. 2. Element 16 - Go-No Go Checklist - Shown in the Sample Prescribed Fire Plan. This is used by the Contractor and the City of Ashland. It is used on day of ignition prior to starting ignition. It is signed and dated by Contractor and the City of Ashland representative. 3. Element 17 - Briefing Checklist - Shown in the Sample Prescribed Fire Plan. This is completed by the Contractor, but some items may be included by City of Ashland. It is to be used on day of ignition for the briefing prior to starting ignition. 4. Element 18 - Test Fire Provisions & Results - Shown in the Sample Prescribed Fire Plan. This is completed by the City of Ashland Representative and is used to document the test fire results and whether or not prescription parameters will be met. 5. Element 19 - Monitoring - Shown in the Sample Prescribed Fire Plan. This is completed by the City of Ashland Representative and is used to document the fire effects and results regarding treatment objectives, and to record weather, fuels, and fire behavior observations. 6. Element 20 - Post Burn Activities & Daily Mop-Up Shift Plan - Shown in the Sample Prescribed Fire Plan. This is completed by the Contractor and reviewed and approved by the City of Ashland. The mop-up plan shall be based on Standard Patrol and Mop-Up. It shall address the mop-up objectives of (1) the prevention of fire Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 8 of 13 escape outside the unit boundaries, (2) prevention of reburn within unit boundaries, and (3) prevention of residual smoke problems in residential and rural interface areas. It shall consist of an initial plan and follow up daily plans beginning on ignition day. The daily plan shall be submitted to the City of Ashland Representative prior to the next day's work and is subject to approval. All daily mop-up submissions shall contain the following: a. Map at a scale showing the entire unit and burned areas outside of fireline (as large as possible) on an 8'/2 by I 1-inch sheet of paper, pattern of mop-up; placement of crew and equipment; areas of potential problems (reburn, burning "wildlife trees", landings) and map legend. b. A narrative discussion of shift objective with mop-up priority, daily result objectives, schedule of mop-up, patrol and contingency plans should an escape occur. Any special considerations or hazards shall be included in plan. c. At the option of the City of Ashland the initial mop-up plan may be acceptable in lieu of the follow up daily plan. 7. Element 21 - Activity Log - Shown in the Sample Prescribed Fire Plan. This is completed by the City of Ashland Representative and is used to record and document activities during the burn implementation, mop-up and patrol. 8. Element 22 - Unit Maps - Attach Unit, ignition, and mop-up maps. 9. Fire Behavior Modeling Documents - Copies of BEHAVE runs created by City of Ashland will be attached to the Prescribed Fire Plan. Any BEHAVE runs created by the contractor would also be attached here. The Prescribed Fire Plan shall be very specific and based upon the Contractor's on- site inspection of the unit and environmental conditions. A joint on-site inspection involving both the Contractor and the City of Ashland may be requested by either party to clarify objectives and resolve deficiencies in the plan. This plan shall be submitted to the City of Ashland Representative for approval at least 5 calendar days prior to the estimated ignition date. A sample Prescribed Fire Plan is available upon request. Fireline Construction and Maintenance All fireline construction shall be performed and maintained in accordance with the following specifications. a. Location - Unless otherwise designated, firelines shall be located adjacent to the unit boundary, within 50 feet outside of actual unit boundary, in locations affording the optimal holding capability, and remain on City property. The City of Ashland may choose to clearly mark the fireline location with colored plastic Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 9 of 13 ribbon. The fireline shall be constructed to follow the flagged line as closely as possible. Variations will be permitted if unforeseen obstacles are found. b. Clearing Limits - Hand fireline shall be cleared to a width of 8 feet and a height of 8 feet. The width shall be measured parallel with the ground (slope distance). The height shall be measured from the side of the line away from the unit. A strip at least 1.5 foot wide to a maximum of 3 feet wide and centered within the cleared area shall be cleared to mineral soil. A strip less than 1.5 foot wide may be designated by the City of Ashland on some units. c. Material to be Cleared - Within the 8-foot line, the following material shall be cut and removed: 1) Ferns, shrubs and other vegetation. Cut to within 18 inches of ground level or as close as possible without damaging tools. 2) Cut live and dead trees at ground level or as close as possible without damaging tools. No trees larger than 7 inches DBH shall be cut. The fireline shall be located to avoid larger green trees. Pruning of larger trees is acceptable in lieu of cutting the tree and following section a.3. 3) Limbs extending within the fireline shall be cut close to the tree if the point of cutting can be reached from the ground (about 8 feet from the ground). Limbs shall be cut when they enter the fireline clearing limits if they cannot be cut at the tree. Limbs cut close to the tree need not be cut flush but "spike" limbs will not be allowed. 4) Slash and litter shall be removed from the 8-foot (both height and width) fireline clearing strip. Natural ground duff need not be removed except from within the 1.5 to 3 foot strip on the fireline work area. 5) A 3-foot section shall be removed from logs located across the fireline. d. Disposal of Cleared Material - Material cut from within the fireline shall be placed on the unit side (inside) of the fireline and scattered. Soil berms and piles will not be permitted on top of flammable material. Log sections may be rolled downhill and away from the unit provided that they are left outside the fireline and public safety is assured when rolling any materials downhill. e. Snags and High Stumps - Snags or high stumps may be left next to the fireline when designated or approved by the City of Ashland. f. Side Slopes - On side slopes that are steeper than 30 percent, the fireline shall be cup trenched sufficiently to catch rolling material 6 inches or less in diameter. Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 10 of 13 g. Water Bars - Water bars shall be constructed in all firelines at the time of initial construction. The water bar shall consist of a diagonal ditch across the three-foot wide mineral soil portion of the fireline, but not in excess of the following guidelines. The water bar shall be approximately 6 inches to 10 inches deep and approximately 5 feet long. Unless otherwise directed, drainage shall allow rolling material and drainage into burn unit. Percent of Slopes: 00% - 09% - None Required 10% - 29% - 1 Water Bar Every 300' 30% - 59% - 1 Water Bar Every 150' 60%+ - 1 Water Bar Every 100' Prescribed Burn and Mop-Up The City's preferred burning period is between March and July of each year. Spring burning is preferred over fall in order to minimize impacts on soils and vegetation and the overall emphasis on watershed function. Major control problems can occur during a period of frontal passage and strong east wind conditions. Close attention to weather forecasts and securing and patrolling of previously burned units is common practice to eliminate any escaped fires. All prescribed fire operations shall be initiated only when a Prescribed Fire Plan has been approved and signed by the City of Ashland Representative. All elements of the plan shall be followed unless a deviation has been approved in advance by the City of Ashland Representative. The Contractor shall conduct a preburn crew briefing, as prepared in the Plan. Clearance to Burn - The Contractor shall be responsible for monitoring fuel and weather conditions to determine time periods when units are in the prescription parameters identified in the Prescribed Fire Plan. The Contractor may consult the City of Ashland Representative regarding short, mid, and long term weather forecast to determine the potential impacts to fuel moisture conditions and the ability to meet Prescribed Fire Plan objectives. The Contractor shall notify the City of Ashland Representative no later than 1300 hours on the day prior to ignition when specific units are within burn prescription parameters and of their request to burn. The City of Ashland Representative will notify the Contractor via telephone or direct communications at or before 0900 hours on the day of the proposed ignition of smoke management conditions and any updated weather forecasts that would cancel the burning. The City of Ashland Representative will grant final approval to conduct burning. Approval is based on the City of Ashland Representative verifying: 1) unit fuel and weather conditions are within Prescribed Fire Plan parameters and prescribed fire and resource objectives are attainable; 2) Prescribed Fire Plan parameters and objectives for smoke management are attainable based on smoke management instructions and forecast, and weather forecasts for Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 11 of 13 proposed burn date and time; and 3) successful completion of the Go/No Go Checklist and the test fire. During ignition operations, the Contractor's crew supervisor shall maintain contact with the City of Ashland Representative through mutually agreed upon communications system at all times. Conduct holding operations in accordance with the prescribed fire plan. Relocation of personnel and equipment may be required as ignition and burnout progresses. The Contractor's crew supervisor shall recognize the need for and make such relocations, dependent upon on-site weather and fire conditions. Extinguish any fire outside the fireline of the unit, or unit boundary, and promptly report this to the City of Ashland Representative at the site. A fireline shall be constructed completely around any fire, slopover, or spot fire outside the primary unit boundaries. The minimum shall be a fireline scraped to mineral soil 18 inches in width with all overhanging combustible material cleared for three feet on either side and six feet overhead. Do not fell any reserved trees or snags which may have fire in them without approval of the City of Ashland Representative. Mop-up shall be performed in accordance with Standard Mop-Up and Patrol. Restoration - After ignition and mop-up, all water bars shall be restored to a properly functioning condition. Standard Mop-Up and Patrol Complete mop-up and patrol of unit(s) to the extent provided for in this section to meet the mop-up objectives of (1) the prevention of fire escape outside the primary unit boundaries, and (2) prevention of reburn within unit boundaries. Patrol and mop- up shall begin immediately following completion of ignition on any portion or whole of each unit. Complete 100 percent mop-up of all spot fires and slopovers outside the unit boundary and within the first 100 feet slope distance inside of unit boundary within 48 hours of 8:00 am on the day following completion of ignition. Complete 100 percent mop-up of unit area within 96 hours of 8:00 am on the day following completion of ignition. Patrol shall continue for 96 hours unless released by the City. After 48 hours, advise the City if mop-up will be completed within the aforementioned 96-hour period. Patrol shall include the visual inspecting of all sites where burning was performed, and checking for and mop-up of burning material that threatens the achievement of mop-up objectives or the mop-up standards for each unit's Daily Shift Plan. Patrol Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 12 of 13 shall also include taking actions to prevent fire escape outside the unit boundary and/or to prevent reburn within the unit boundary. Immediately take actions to fireline, mop up, and identify all stopovers or spot fires. If Contractor is unable to contain or control stopover or spot fires with patrol resources, promptly, within 30 minutes after discovery, notify the City of Ashland Representative of the situation and continue to take action to contain or control fire. Completely extinguish all burning material within the designated mop-up area. Do not fell any reserved trees which may have fire in them without approval by the City of Ashland Representative. The Contractor may use only water during ignition and mop-up operations due to the proximity of units to Ashland Creek. Root wads (uprooted stumps with roots attached) shall be thoroughly extinguished (dug around and rotten or loose wood scraped off). Fireline berms shall be thoroughly extinguished. Logs and chunks with a minimum size of 12 inches diameter x 4 feet in length up to a maximum of 20 inches diameter x 8 feet in length on slopes greater than 50% shall be turned and placed in a manner that prevents this debris from rolling. Project Area Reburn - Should a reburn escape occur during the 96-hour mop-up operational period, the Contractor shall suppress the fire and notify the City of Ashland Representative immediately. The cost of reworking the area to contract requirements shall be borne by the Contractor. Mop-up contingencies are established and will be initiated by the City of Ashland for the following situations: a. Following the day of ignition, if a Fire Weather Watch or Red-Flag Warning is issued or predicted by the National Weather Service for extreme fire weather conditions; or if smoke emissions from the burn unit during mop-up are creating air quality impacts to population centers, or other smoke sensitive areas, the Contractor may be required to complete 100% mop-up within a period less than the 96 hours. If satisfactory progress is not made the City of Ashland Representative, when determined necessary, may immediately assume control of the project area and provide personnel and/or equipment to complete the work. In this event, the Contractor will be liable for the cost to the City of Ashland Representative of performing mop-up. b. If prescribed fire is declared a wildland fire, the City of Ashland Representative will immediately assume control of the project area. Following declaration of the wildland fire, Contractor's personnel shall be made available to the City of Ashland Representative for fire suppression and will be paid at the applicable firefighting rates paid by the Oregon Department of Forestry for any costs over and above those incurred for the prescribed burn. Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 13 of 13 ® DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/15/2014 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 endorsements . PRODUCER CONTACT NAME: KPD Insurance, Inc. PHONE 541-741-0550 FAX Ne:541-741-1674 PO Box 784 E-MAIL Springfield OR 97477 ADDRESS _ INSURER(S) AFFORDING COVERAGE NAIC # _ INSURERA:SAIF Corporation 36196 INSURED GRAY03W INSURER B :Zurich American Insurance Co. Grayback Forestry, Inc. INSURER C : PO Box 838 Merlin OR 97532 INSURER D : _ INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1753490047 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 POLICYEFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1A AGE CLAIMS-MADE D OCCUR PRIM M SES~ a oNcur ence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ POLICY D PRO- JECT D LOC PRODUCTS - COMP/OP AGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ NON-OWNED PROPERTY DAMAGE $ AUTOS HIRED AUTOS AUTOS Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION 395606 1/1/2015 1/1/2016 X PER OTH- A AND EMPLOYERS' LIABILITY Y/ N 963584 1/1/2015 1/1/2016 STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ WC-9663291 (Multi State) 1/1/2015 1/1/2016 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 Workers Compensation and Employers Liablity Limits DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: All Operations 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 Street Ashland OR 97520 AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ® AcoRO CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDIYYYY) 12/31/2014 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 poiicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Kendall YeaW Protectors Insurance, LLC PHONNE Ext :541 842 2963 Marc No):(541)772-1906 P.O. Box 4669 E-MAIL Medford OR 97504 -ADDREss:kendally@protectorsins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:American States Ins Company 9704 _ INSURED GRAYB-1 INSURER B:American Economy Insurance Grayback Forestry Inc INSURER C: Western Emergency Services LLC INSURER D: _ PO Box 838 Merlin OR 97532-0838 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 1546014463 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDIYYYY ! MMIDDIYYYY LIMITS A GENERAL LIABILITY N 1C131118260 111/2015 111/2016 EACH OCCURRENCE $1,000,000 X COMMERCIAL. GENERAL LIABILIT PREMISES (Ea oxu r nce $1,000,000 CLAIMS-MADE i- ~ I OCCUR MED EDP (Any one person) $10,000 X Loggers BFPD PERSONA- &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP.!OP AGG $2,000,000 F 0 L I C Y X PECTRO- LOC Loggers Broad Form $1,000,000 B AUTOMOBILE LIABILITY 02CE22830430 1/1/2015 /112016 Ea a ident! 1,000,000 X ANY AUTO BODILY INJURY (Fer person) $ ALL OWNED L SCHEDULED BODILY IN,URY (Per accident) $ AUTOS AUTOS NON PROPERTY DAMAGE -OWNED ' HIRED AUTOS AUTOS Per accident $ $ A X UMBRELLA LIAR X OCCUR 01SU41705760 1/1/2015 /1/2016 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 RED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN _ TORY LIMITS ER ANY PRCPRIETOPJPARTNEP/EXECUTIVE ~ NIA E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE-EAEMPLOYEE $ If yes describe under DESCRIPTION OF OPERATIONS bole. E.L_DISEASE -POLICYLIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more 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 City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 E Main St Ashland OR 97520 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD s{ Page 1 / 1 ® CITY OF -ASHLAND DATE PO NUMBER 4/30/201 20 E MAIN ST. 5 12849 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 016823 SHIP To: Ashland Fire Department GRAYBACK FORESTRY INC (541) 482-2770 PO BOX 838 455 SISKIYOU BLVD MERLIN, OR 97532 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 Contractor will provide qoods and 25,000.00 services necessary to complete prescribed underburninq on City of Ashland forestlands per contract specifications. Contract for Goods and Services Beqinninq date: 04108/2015 Completion date: (blank) SUBTOTAL 25 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 25,000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.07.29.00.60416 25 000.00 VENDOR COPY Authorize"ignature FORM #3 CITY OF `'f lurch-asc, Qrc zr ASHLAND REQUISITION Date of request: 4.17.2015 Required date for delivery: 4.24.2015 Vendor Name GraVl]ar'k FnrpStrV Inn Address, City, State, Zip P.O. Box 838 Merlin. OR 97532 _ Contact Name & Telephone Number Thom Odem, (541) 476-0033 Fax Number (541) 476-0162 GU!Jv~G~L,"~ v~ - SOURCING METHOD J ❑ Exempt from Competitive Bidding ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) 1 % L L ❑ AMC 2.50 Date approved by Council ❑ Written quote or proposal attached r ❑ Small Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ Direct Award Date approved by Council: f~G - J" LZ ❑ Verbal(Written quote(s) or proposal(s) Intermediate Procurement [ Sole Source GOODS & SERVICES ® Applicable Form (#5,6, 7 or 8) a $5,000 to $100,000 ® Written quote or proposal attached ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K PERSONAL SERVICES ❑ Special Procurement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached ❑ (3) Written proposals/written solicitation Date approved by Council: tuate) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Contractor will provide goods and services necessary to completed prescribed r underburning on City of Ashland forestlands according to contract specifications. ' Item # Quantity Unit Description of MATERIALS Unit Price Total Cost a P Zp~ a-o-~ TOTAL COST ❑ Per attached quotelproposal u - - ~j ice' 7lt'?~ct Project Number _ _ _ _ _ _ - _ _ _ Account Number 670.07.29.00.6041 0 Account Account `Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes/ No By signing this requisition form I certify !h the public contracting requirements have been satisfied. Employee: Cam'/~ G--~~ Department Head: 1-"'G=-- (Equal to or grYeaterthan $5,000) Department Manager/Supervisor: City Administrator. C-,r- (Equal to or greater than $25,000) Funds appropriated for current fiscal year O /NO A-A V13d ~y Finance Director- (Equal to orgy ter than $5,000) Date Comments: Form #3 - Requisition