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2015-135 Contract - Lomakatsi Restoration Project
Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Lomakatsi Restoration Project -AS H LAND CONTACT: Justin Cullumbine 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: 5/14/2015 FAX: justin@lomakatsi.org BEGINNING DATE: 5/21/2015 COMPLETION DATE: 6/30/2015 COMPENSATION: Up to $24,500 total compensation. No more than $2,000 of the total can be billed as project management and meeting time. SERVICES TO BE PROVIDED: For the purpose of future tree thinning work, Lomakatsi Restoration Project will provide unit layout and data collection services as part of the Ashland Forest Resiliency Project. Unit layout entails hanging flagging on predetermined boundaries, painting boundaries on trees where designated by the U.S. Forest Service, designating sample cut trees, and recording boundaries via GPS with delivery to the AFR partnership. Data collection entails collection of specified measurements in predetermined plots within a unit identified for commercial thinning. A list of data attributes to be collected will be provided by the City or U.S. Forest Service. Data will be either collected on paper forms or in an electronic format designated by the U.S. Forest Service. Services will be completed on approximately 800 acres of high priority units. Work may also include oversight of field work and meeting time with AFR project partners. 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. 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 $20,142.20 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 an Subcontractor who performs 50% or more of the service work under Contract for Personal Services, Revised 07/08/2014, Page 1 of 6 this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 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. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate 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. 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 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 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. Contract for Personal Services, Revised 07/08/2014, Page 2 of 6 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 b. , Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 for each claim, incident or occurrence. This is to 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 $2,000,000 for each occurrence for Bodily Injury and Property Damage. d. 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. e. 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 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 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 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 Consultant 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. Consultant, 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. 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, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, 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. 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, Revised 07/08/2014, Page 3 of 6 Consultant: / City of Ashland BY -~C By ti, C Signature epartmen Head /Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, Revised 07/08/2014, Page 4 of 6 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. V . (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. i~~- //mfr? Contractor (Date) Contract for Personal Services, Revised 07/08/2014, Page 5 of 6 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE milli per hour effective June 30, 2014 ow a (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 ➢ 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- 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 ; 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. C I T Y O F ASHLAND Contract for Personal Services, Revised 07/08/2014, Page 6 of 6 ,aco CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 5/22!2015 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 NTA NAME: Kendall Yeaw Protectors Insurance, LLC PHONE FAX AIC No P.O. Box 4669 E-MAIL Medford OR 97504 ADDRESS: INSURERS AFFORDING COVERAGE NAIC # i INSURER A:SAIF Corporation INSURED LOMAK-1 INSURER B:FirSt National Insurance 24 Lomakatsi Restoration Project INSURER C: I f Texas - Justin Cullumbine INSURER DAmerican States I Company 19704 PO Box 3084 Ashland OR 97520 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 691576448 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP 'i. LTR IN SR WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS B GENERAL LIABILITY 25CC1600449 /17/2015 /17/2016 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1,000,000 CLAIMS-MADE K OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $2,000,000 POLICY jPERC0j F-1 LOC Loggers Broad Form $1,000,000 C AUTOMOBILE LIABILITY 04CC2285275 /17/2015 /17/2016 Ea accident $1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED X SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ Ix HIRED AUTOS AUTOS Per accident $ D UMBRELLA LIAR X OCCUR 01 SU43335510 /17/2015 /17/2016 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ Ali DED X RETENTION $10,000 $ A WORKERS COMPENSATION 992153 /1/2015 /1/2016 X M STATU- OR- ANY EMPLOYERS' LIABILITY YIN I TORY LI ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L. EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? (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 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) As additional insured per policy endorsement CG7635(0207): i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main St Ashland OR 97520 AUTHORIZED REPRESENTATIVE c (f/-~ c~C {r© 11J988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Insurance COMMERCIAL GENERAL LIABILITY (b) This Insurance does not apply to Tits exchslon Eppoes even 0 the claims CG 76 35 02 07 today i'llay' a properly dam- agalydt arty Osieed 0096 nee genca a ago' arising out of the We negi- other mcrgdohg In Pa suponehlon, hiring, Dente of such pets- or ernPioymani training or rr-AM Ng of others «0anaaeon; by that insured, a the •ouurenca• wTVch THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. caused the -beekty Injury' or 'ptq,,ty (4) ParmJa Issued by any e'ste a political damage` hutted the °mxrshp. maTnte- satdivisbn wOh respact to operations ranee, use or a tuahnent to ogw. of en( LIAWLITY PLUS ENDORSEMENT performed by you or on your behalf, aircraft *auto, or walertsat that Is owned EU*d to the following eddi6au) pro or operated by OF rend a bared to Arty In, TiJS mdorsemem maD!Va irwaance Provided radar the IW.bw;ng: vision, eured. Thb Ins rarra doe. not apply b body THE axcuefon does rot apply to. COMME(tCAL GENERAL LIABILITY COVERAGE PART N 1W. properly damage', or 'per" And adaerCahg Injury` anssg (1) A watercraft ninAA estate -premises SCHEDULE out ofopetations performed for the sae You own .menu; a rrunxipairly. (2) A ws eruaR you do not own that m: Name of Person «Ofgantratron: e. The Nmena w&I respect to any archfact (a) Less than 52 feet long;" ' engreleer, or surveyor added As an Insured (b) Not being used to carry persons or by Ihts wdorsemem does not apply to property for a charps; BLANKET PER CERTIFICATE OF INSURANCE 'bodty Injury', properly damage', of per- 'auto' on. or on the ways sonal end adrerm V Injury' ansNg out of (3) Pwrog an the randewkg of Or the (allure to render am/ nets to, Prams . YW Own OF rent, pro- professional eorvic" by or for you, tndud• vdad the 'auto' k rot Owned by ar Irg• rend or band re you « Oa hsurd; (1) The Preparing. approvIN. or ffiEng to (4) Llah¢y assurned under any --red Prepare OF approve craps, drawings, contract` Ion Ne Oxrterslcp, maInte- Opinions, reports, surveys, change or- nance or Wo d aeuan.1 waiercrah; or ADDITIONAL INSURED - BY WRITTEN least a occupy, AuN,eG to ft 1Wanirg dons, dasfgns or specifications; And (5) 'doQy Injury' or properly da~naga' CONTRACT, AGREEMENT OR PERMIT, OR ed6lonalprovlslons: (2) Supervaory, inspection or anglneenng erlslrg Out OL SCHEDULE (s) This Inuewce does rot apply to servIces. (A) the operation of machinery or The fOlOwfn9 paragraph IS added to WHO IS A!! Any -occumenoe' which taxes place d. The IrUvaraa does not apply to -bolo equprent that k oruthed to, or PSURED (Section It): ahem you cease to to, a Irxuant In part of. a land veNde that would Injury' Or 'property damage' Included within qualify under the de`uiNon of any prco Jses feared to cr ranted to the products completed operations hat- 'mobile equpmem' e it were not 4. Any pars- Or «Danlzelan shown In the Sled- Y°U; wd'. suar,'Ad to a compulsory or fnancial Ula or for nfnom you we required by written co, (b) This instsanca dens not apply to msponsibltay far Of other motor ve- trad, agreement or PermR to Provlda Insurance any shucturel akerations. nary con- A person's a vu nflaton's status as an Insured un- Ncia fnswance law In Its state Is an housed, urged to the foI'ownng addeonal st abon of demotion opa aeons der INS findorserr" ends when your operations for where t N licensed or prlrclpa!y pf.vfslons performed by or - behalf of the that Insured are carp'e!ed Duaged; or A. The CwLnICL agreement or pema must be parson or organfiae-added as an tr~ In of•ad during W. porky period shown In hand; NO wietaga wig be provided it, In the absence of Ns (b) Operation of any of the mactihu- lhe Oaclara:ions, .rd roust have biro axe- 2 - Endorsement W hatiff wound to 4npcsd by raw - L(ry2) OF or ~f.(3j of ISVm de y na of cared prior w the 'bodily nd property Your wh er the rwon for performed YOU. Cm6rage shall be limited to the extent of your •mobllo equlpu;W*. damage', ar PErs-al and advertrsIng $Wed. by you or I. you; negligence or (aA sccordgtg to it's epprcai fa pdnci- InJury'. pies of compu.5 a fault. (6) An almrzft you do not own pro'/,did it Is b. The ron a agaNPad- added es an h- (3) The Mahlon-, Operation or use by not operated by any insured, you of equfpment leased to you by such NON•OWNEO WATERCRAFT AND NON~OWNED I- owed fife etrydfint IFS endorsement Is Gape o coated due oat to: ed only person or Organhason. subject to Uw AIRCRAFT LIABILTY TENANTS' PROPERTY DANLAOE LIABILITY you Are held Gap following addtioal provsiors- (1) The ownership. rnahtenance of, use of (a) This Insurance does not Apply to Exclusion D. Of CO'JERAGE A (Sect- 1) Is replaced When a Damage To Premses Pentad To YOU unit is that pan of Premises you own. rent arty •Occaronce' whkh taxes pate by tine f.11I.Nrg: shown In the Dedara.lonA Exclusion J. of Cm erage ah« the equipment lease exphes; g• 'DodN etsing A, Section I Is rep''zoad by the lollowing: out a el h tine ow ow or `property damage' neraNp, mahterWae, me e Or « I. Damage To Property ant-Im 2 to .Mate d any ......!t. 'auto' prOpWV d.T.ge• to: a waleruat owned «ciara!ed by a rented IncAdes Copyrighted Matetal of Insurance See ices Office, Inc., with is perm)sslon, a band to arty Insured. Use hdudes open- (1) Property you own, (Ant, Or occupy, h dL" Copyrtght Insurance Services, 2001 costs or etpense. I-uard b atAn and 'heading or unloading`, arty by yW, or fA )E is as P Sum ..f t. L'o Ro a. ".ax'•r Moab d Isa"xm P; fdl V P;red t C07635(0207) pot CG7635(0207). of Any Other person, WQW486on Or entity, t« WHO IS AN INSURED - MANAGERS MENDED DEFINITION OF BODILY INJURY Interned only by a steel, roadwa waterna Or repair, replacement, enhwtcemaq restore. it Y Y Y• Y. Lion a FFW146AAnce d such WOPe+y for any The (08Owirg right-of-way of a railroad. reason. Inds? Y Is added to Pazegraph 2.a. of WHO IS Paragraph 3. o(DEf4tiTNONS (Section V) Is replaced ng tiwt of Njury to a AN AN INSURED (Sect- II): person a damage to to anot enathcTS properly, by the latowing INCREASED MEDICAL EXPENSE LIMB (2) Premisas you sell, " away or eb1nd-, d Panegaph (t) does no( apply to ex*ttOjs amc4n, or 3. 9ocry ijury" rreans bogy Injury, sie'nesa « The Medical Expense umY Is amended 1° $I0,000. the property damago• apes out of any pan to managers at the zufreneluory Idea or share. disease sustained by a person, including man- of time promises; angush or death r"th-'a from arty Of Ness at KNOWLEDGE OF OCCURRENCE (3) Property loaned to SUPPLEMENTARY PAYMENTS - COVERAGESA coy ulna. you, AND B - BAIL BONDS - TIME OFF FROM The following Is Added to Paragraph 2- Duties In The (4) Persona property, h the care, custody or WOM TRANSFER OF RIGHTS OF RECOVERY Event Of Ocou nence. Offense, claim or suit Of contra of the hssad; (5) That paNcusw art of real Paragraph of SUPPLE repLuNY PAYMENTS - The following is added to Paragraph & Treater Of ~ GENERAL L1A&U;Y LpN'DINOYS p property on which COVERAGE$ S A AND B is teptaced by Da fogw,ing RbMs Of Recorery Against OJars To Us of =I. wo(youkinwg branyatty cors or htoyec0y rect«s a s an ubcon your bear bbell 4 UP to 000 la cost of bag boils required LtF1tCIAL GENERAL (ABILITY CDNDrr ONS (Sac- Krawuedgo cl an 'occarenee•, Balm a 'Suit' by are Performing opaee-s, If the PmpEdy because of accidents a traffic isw viola ons Pnr your agEnL aeNanl or employee s!sur d l hsan damage' oriees out of gas. opanacon, a Arising our of the use of any vehicle to which W. waive arty fights of recovery we maY bar,. l cen er of due lotow ratrted Inned I ofsu,rthe e ed has nand Insured unless the Sovi fn~ssy L 30y Coverage epptes. nts w front a yte. d such notice (6) That particular pan of amf property that rrxrt We do not taws to funi h these bords, any person of agaru'oad- because of payments e from h agent, servant a errplOEe be Festered, repalred or replaced because make for Inlay or danage srtsag out of your ..going our work- was Incorrectly performed °n & Paragraph 1.4. of SUPPLEMENTARY PAYMENTS - °Para0ort3 « cow wcnz• done under a conraG wM UNINTENTIONAL FAILURE TO DISCLOSE ALL Paragraphs (1), (3) And (4) of this exclusion do COVERAGES A AND B Is replaced by the following: N.t Parson a enqulkalon and Included In the HAZARDS not Apply to property damage' (o;har tran d. M reasonaba Incurred tr 'Prof is apje'adhazard'. This waNor damage by fire) to Premises, including the co, mpenses by the hr - 1 P 9anl:e5 r + f Of A The following s added to Paragraph A. Rapraseia- terus Wsuch prenlses, rend to you. A separate surd at our request to Assist us In the In• are requYBd by nlAten coin p lions of COttk!ER(;IAL GENERAL LIABILITY CONDI• wastiga ort ordetense of its claim or `suit', to naive the.. Fig" Of rec .y. time of 4surarice applies to Damage To pram TXAN9 (Section IVj: Including Rented To You as described h Section in a tloy actual loss of earnings W to SSOO - Lines Of Insaance a because 01 time all from work. AGGREGATE LIMITS Of INSURANCE - PER b)g vantencepti. furl to f your any Ins. wit not LOCATION Paragraph (2) Of Nrs e.cjmW does not pWY it EMPLOYEES AS INSUREDS _ HEALTH CARE hthg at U+e hcEplan date of your pW}.y, re wid not a erage vMar Ns Coverage Form because oI da pr rises a e lox xo/k` end were rera SERVICES FOr all AU T4 whkh the h5ured ba dervarf comea !e9a"f obit- such fa.'wa Nowevx. Ny prmisbn does na alkct occupied. rented or hell for renal by you. Datd to pay damt(ps usd by "OCewrenxs• yght to Wged 8rldcOnal premium or exarese our Paragraphs (3), (4), (5) and (6) of tins exclusion Prwfslon 2.a(1)(d) of WHO IS AN INSURED (Sete- under COVEHP.a3GE A (Sectcaon q, end fa e1 rnedcal «rrgla of caxaeason or nuvranewd. net apply Id Aabiuy essumd viler a sloe' ~~L delefd, unless excluded by separate on- evenses caused by accidents vkht, COVERAGE C do nagreement (Sell- q, nfikh can be attrbU.ed Ody to Operasone LIBERALIZATION CLAUSE. at a single location': Paragraph (6) of this exdusl- does net apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED The fosowing paragraph b added to CM. ERCIAL property damage' Inchrded In the 'products. ORGANIZATIONS Paragraphs 2.a. and 2.b. Of Limits of Insurance (Sec GENERAL LIABILITY OONDRIONS (Section IV): cOmpWd operations rm e. bon all Apply styararely to each of your YocaSOns` Proelsf- 3.a W YM IS AN INSURED (Soot- 11) Is Owned loth «rentd to Y°k 10. If a reAlon to this Covwaga Part which would Paragraph 6. of U%8TS OF INSURANCE (Section bl) replaced by the following . ptarld. more careraga veldt W adddonal pre- b replaced by the lo!lowirg'. e. COV vrd6r Utls puns;- toca5w mears promises Imveivlntg Ina same or mien. becomas effec" during the policy pond txage conrwh g lots, or premises wiase corVaabn Is In the sate shown In the Declarations, you pd- 6. Sugect to a. ebove, pus Damage To P(ems46r only cv -0 the and of s the ppCCy period. a alfOrdd ley ml aulomaticaly provide INS ad9conal cov- R.Ned To You LirNt Is the most we will pay un- EXTENDED 'PROPERTY DAMAGE" wage on the effective date of the rastslont. der Coverage A for damages because of property damage' to any One pfamtses, wt ae AGE A r rented to you, or In tie case or damage by tire, A. W COVER (Section Is .Paced while ranted to you a IEmpaerty -W*d by by the following: you with p",nission of the owner. A. 'Bodl Inlay' jury' or 'properly damage' expected The Damage To Plemleos Rented To You Amt is the or Intended from the standpoint of the insvd. Nyh« W the Each O ccurlar" LIrtA shown In the This excusion does nct appiy to 'bodly Ajay- property 3qsking mbe or W ~ • rest e smfrom the use W Dectwaiias a ft amtwa exr- In 0)s Daiaratk rrs r easo as Damage To Premises Rented To YOu LhNt force to protect parns or property. m ore ncn Pct ads v Pqs 4.14 CG7635(0207)_pdf CGT035(0207) pd? Kari Olson From: Chris Chambers [chamberc@ashland.or.us] Sent: Friday, May 22, 2015 4:54 PM To: Xari Olson' Subject: FW: Certificate of Insurance was Issued for Lomakatsi Restoration Project Attachments: Certificate.pdf; CG7635(0207).pdf Kari, sorry for another attachment to the last Lomakatsi contract, but these are the correct insurance certificates that satisfy Dave L's requests on this one. Doesn't need a Kanner signature so I think it's just waiting for Lee's signature... and I've been in touch with him about the finance piece. Dave and talked for a while about how to more efficiently make this a large contract in the coming BN. We didn't come to agreement on whether the scope of work could be contained in one contract, but did agree that we'd take a look at it in July to see if it's feasible. I'm all for that idea, so thanks for bringing it up. We did agree that Personal Services was indeed appropriate for this latest Lomakatsi contract as allowed under the AMC...though just barely. Thanks for the help. Happy weekend. Chris -----Original Message----- From: Aaron Nauth [mailto:nauth(a@lomakatsi.org] Sent: Friday, May 22, 2015 1:56 PM To: 'Chris Chambers' Subject: FW: Certificate of Insurance was Issued for Lomakatsi Restoration Project Done Aaron Nauth Contracting and Workforce Division Supervisor Lomakatsi Restoration Project www.lomakatsi.org nauth(@lomakatsi.org PO Box 3084, Ashland OR 97520 Cell (541) 821-3995 Fax (541) 488-4909 -----Original Message----- From: Kendall Yeaw [mailto:kendally(@protectorsins.com] Sent: Friday, May 22, 2015 1:38 PM To: Aaron Nauth Subject: FW: Certificate of Insurance was Issued for Lomakatsi Restoration Project -----Original Message----- From: Kendall Yeaw [mailto:kendally0protectorsins.com] Sent: Friday, May 22, 2015 1:38 PM To: Kendall Yeaw Subject: Certificate of Insurance was Issued for Lomakatsi Restoration Project 1 Cert Desc......... 2015-2016 GL* AU* UM* WC Cert Date......... 5/22/2015 Insured........... Lomakatsi Restoration Project Insured Addr1..... PO Box 3084 Insured Addr2..... Insured City...... Ashland Insured State..... OR Insured Zip....... 97520 Desc of OPs....... As additional insured per policy endorsement CG7635(0207): Holder............ City of Ashland Address 1......... 20 East Main St Address 2......... City Ashland State/Province..... OR Zip/Postal Code 97520 AUTO Policy............ 04CC2285275 4/17/2015 - 4/17/2016 EXC Policy............ 01SU43335510 4/17/2015 - 4/17/2016 GL Policy............ 25CC1600449 4/17/2015 - 4/17/2016 WC Policy............ 992153 4/1/2015 - 4/1/2016 Delivery Method(s) Issued By: Kendall Yeaw Viewed On Screen View (View) Confirmation Emailed To Justin Cullumbine (Justin(@lomakatsi.org) Insured: Lomakatsi Restoration Project ID: LOMAK-1 Contact: Justin Cullumbine Contact Phone: 541-821-3534 Important: This electronic mail message and any attached files contain information intended for the exclusive use of the individual or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please notify the sender, by electronic mail or telephone, of any unintended recipients and delete the original message without making any copies. 2 ® DATE (MM/DD/YYYY) ,acoizcn CERTIFICATE OF LIABILITY INSURANCE 4/29/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kendall Yeaw Protectors Insurance, LLC , N EXt):(541)842-2963 Aic No : 41 72-1906 P.O. Box 4669 E-MAIL Medford OR 97504 ADDREss: n II r r in . INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: AI F r r l n INSURED LOMAK-1 INSURER B:First National Insurance C 4724 Lomakatsi Restoration Project INSURER C :American States of Texas _ Justin Cullumbine INSURER D:American States Ins Companv 19704 PO Box 3084 Ashland OR 97520 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 2132342015 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOP i POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VA_ -RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN AS -SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDU D BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLI Y' EFF POLICY EXP LTR INSR WVD POLICY NUMBER MM/ MIDD LIMITS B GENERAL LIABILITY 25CC1600449 7/2015 4/17)215'16 CCURRENCE $1,000,000 X TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1,000,000 CLAIMS-MADE [T] OCCUR V MED EXP (Any ne person) S10,000 PERSONAL & DV INJURY 51,000,000 G RA GGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER 7 R UCTS-COMP/OP AGO $2,000,000 RO LOG Loggers Broad Form $1,000,000 POLICY P JECT C AUTOMOBILE LIABILITY 22852 17/201 17 16 Ea accident $1,000,000 ANY AUTO BODILY INJURY (Per person) $ X ALL OWNED SCHEDULED _ BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED C PROPERTY DAMAGE $ X _ HIRED AUTOS AUTOS Per accident h $ D UMBRELLA LIAB L X OCCUR 01SU 335510 /17/2015 /17/2016 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS- ADE AGGREGATE $ DED X RETENTION$10,0 $ A WORKERS COMPENSATION 992153 /1/2015 /1/2016 WC STATU- OTH- AND EMPLOYERS' LIABILITY Y I N T RY LIMIT ER N / A E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTN EXECUTIVE F-1 OFFICER/MEMBER EXC ED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe un DESCRIPTION OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) As additional insured per policy endorsement CG7635(0207): CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main St Ashland OR 97520 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Kari Olson From: Chris Chambers [chamberc@ashland. or.us] Sent: Friday, May 22, 2015 1:21 PM To: 'Karl Olson' Subject: FW: follow up on AFR layout contract Kari, this is the proposal. All work will be done by June 30th and expensed in the current FY. Chris From: Justin [mailto:justin(ablomakatsi.org] Sent: Monday, May 18, 2015 4:23 PM To: 'Chris Chambers' Subject: RE: follow up on AFR layout contract Chris Please see the cost estimates below, let me know if this can work or whether you need more detail, changes etc. Work period = 5/26 through June 30th a,~o Layout, data collect io -11 ati - ork Forest Tech crew 22,500 (3 son average crew X $300* per day =$1,500 x15 days) *wages are fully loade including wages and benefits, travel and admin AFR Planning and management = $2,000 Total cost = $24,500 From: Chris Chambers [mailto:chamberc@ashland.or.us] Sent: Friday, May 15, 2015 10:28 AM To: iustin(@Iomakatsi.org Subject: follow up on AFR layout contract I think we agreed at the last meeting that you'd send me an estimate of costs that we can contract for for AFR layout/data collection between now and end of June. That's a vague recollection ...I'm setting up the contract and just need to have an estimate of cost. It has to be under 25K or I'd have to go out for bid or go to the City Council and I'd like to avoid both. Let me know what you think you can bill during the next 6 weeks and I'll get it written up. Chris Chris Chambers, Forest Division Chief City of Ashland / Ashland Fire & Rescue 455 Siskiyou Boulevard Ashland, OR 97520 chris.chambersna ashland.or.us Phone: 541-552-2o66 TTY: 1-800-735-2900 Fax: 541-488-5318 CONFIDENTIALITY NOTICE: This email transmission is intended only for use by the recipient indicated above. This email may contain information which is confidential or subject to the attorney-client privilege. Unauthorized distribution or use of this document for any purpose, in full or in part, is strictly prohibited by State and Federal privacy laws. If you have received this message in error, please notify me immediately by telephone at (541) 482-2770 and delete this message from your system. 1 Page 1 / 1 CITY OF-_.. DATE E O NUMBER . ASHLAND _ ab - 20 E MAIN ST. 5/22/2015 12879 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 006637 SHIP TO: Ashland Fire Department LOMAKATSI RESTORATION PROJECT (541) 482-2770 PO BOX 3084 455 SISKIYOU BLVD ASHLAND, OR 97520 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Chris Chambers Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Data collection services for future 24,500.00 tree thinninq work per attached contract. Contract for Personal Services Beqinninq date: 05/21/2015 Completion date: 06/30/2015 SUBTOTAL 24 500.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 24,500.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.07.29.00.60416 E 000199.400 24 500.00 Autha[i ed Signature VENDOR COPY FORM #3 c I T Y o . ASHLAND REQUISITION 7, e~-k06,--'o- ete 05.20.15 05.26.15 Vendor Name Lomakatsi Restoration Proje Address, City, State, Zip P.O. Box 3084 Ashland, OR 97520 Contact Name & Telephone Number Justin Cullumbine (541) 488-0208 Fax Number us in oma a si.org SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract# ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K' Contract # PERSONAL SERVICES El Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Agency ❑ Form #9, Request for Approval ® 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: April 7, 2015 (Date) ❑ Form #4, Personal Services $5K to $75K Valid until:6/30/2016 Description of SERVICES Total Cost For the purpose of future tree thinning work, Lomakatsi Restoration Project will provide unit layout and data collection services as part of the Ashland Forest Resiliency Project. Unit layout entails hanging flagging on $24,500 predetermined boundaries, painting boundaries on trees where designated by the U.S. Forest Service, designating sample cut trees, and recording boundaries via GPS with delivery to the AFR partnership. Data collection entails collection of specified measurements in predetermined plots within a unit identified for commercial thinning. A list of data attributes to be collected will be provided by the City or U.S. Forest Service. Data will be either collected on paper forms or in an electronic format designated by the U.S. Forest Service. Services will be completed on approximately 800 acres of high priority units. Work may also include oversight of field work and meeting time with AFR project partners. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quotelproposal $24,500 Project Number 000199.400 Account Number 670.07.29.00.604160 *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes / No By signing this requisition form, 1 certify that the City's public contracting requirements have been satisfied. Form #3 - Requisition > c Employee: department Head: AZJ2-~, ,Utqual to or sr~ater than $5,000) Department Manager/Supervisor: City Administrator: ra-~ ? r - (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES / NO .(Q -~^^^-~'1 s/~1--f- Finance Director- (Equal to or greate than $5,000) Date Comments: Staff estimates that up to $10, 000 will be spent in the current fiscal year, FY2015. Form #3 - Requisition