Ash Creek Forest Management ~ C180049 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
00-C41 (THIS FORMMusTAccommNYEYERYCONTRACI�
Contract Tide: General Services Number 0`6-06(19
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Contractor: Ash Creek Forest Management,LLC Contract Total:NTE 100K per project
Contract Overview: General. services for
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Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ❑ Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager:John Goodrich Ext: 2609 Department: PW
Type: ❑ Personal Svc ❑ Professional Svc ❑ Architectural Agr ® Public Imp ❑ General Svc
❑ Engineering Svc ❑ Other: Start Date: 5/1/18 End Date: 4/30/19
Quotes/Bids/Proposal: FIRM AMoum/SCORE
Ash Creek Forest Management 100/100
Kerr Contractors Oregon, Inc 98/100
Legacy Homes, Inc 96/100
C&B Construction,Excavation&LLC 95/100
GT Excavating,LLC 99/100
Account String. Fund-Division-Account Work Order—Activit;Tyke Amount
FY Do not encumber
FY
FY
Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comment .
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r
City Manager Signature: l .�-
After securing all required approvals, forward original copy to the Contracting and purchasing Office along with a
completed Contract Cbecklist.
C
CITY OF TIGARD
GENERAL SERVICES AGREEMENT
Public Works On-Call
General Landscape Services
THIS AGREEMENT made and entered into this 2nd of May, 2018 by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called "City', and Ash Creek Forest Management.,
LLC,hereinafter called"Contractor",collectively known as the"Parties."
RECITALS
WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services;and
WHEREAS,Contractor is in the business of providing specific services and is aware of the purposes for which
City requires the services;and
WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the services
described in Contractor's bid or proposal;
THEREFORE,The Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor agrees to provide services related to General Landscape Services as detailed in Exhibit A—
Scope of Services and by this reference made a part hereof.
• Parks,Trails and Riparian
• Water Quality Facilities
2. EFFECTIVE DATE AND DURATION
Contractor shall initiate services upon receipt of City's notice to proceed,together with an executed copy
of this Agreement. This Agreement shall become effective upon the date of execution and shall expire,
unless otherwise terminated or extended,on April 30,2019. All services will be completed prior to the
expiration of this Agreement. The City and Contractor may agree to up to four (4) mutual one (1) year
options.The total term of the contract may not exceed five (5)years.
3. PREVAILING WAGE RATES
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining
to minimum salaries and wages are incorporated herein by reference as if fully set forth. The Contractor
agrees that the workmen in each trade or occupation required for the work to be done pursuant to the
contract, employed in the performance of the Contract, either by the Contractor or Subcontractor or
other person doing or contracting to do any part of the work contemplated by the Contractor shall be
paid not less than the prevailing, minimum hourly rate of wage specified by the Commissioner of the
Bureau of Labor,and attached hereto.
If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon Prevailing
Wage Rate requirements,the Contractor must ensure that workers will be paid the higher of the applicable
federal or state rate. If the Contractor fails to pay for labor or services,the City may pay for those labor
and services and withhold these amounts from payments that are due the Contractor in accordance with
ORS 279C.515
Contractor shall provide proof as requested to the City prior to the beginning of any of the work that the
Contractor has filed a public works bond with a corporate surety in the amount of$30,000 with the
Construction Contractors Board as required under Oregon PWR law. Contractor shall also require in
every subcontract to this Agreement that the subcontractor file a public works bond with the
Construction Contractors Board in the amount of$30,000 prior to starting work on this project unless
otherwise exempt.
4. COMPENSATION
City agrees to pay Contractor on a per task order basis consistent with the pricing details attached to this
Agreement and further consistent with Oregon Prevailing Wage Rate Law for Public Improvement
Contracts. All tasks issued under this Agreement shall be done via a Purchase Order referencing all terms
and conditions of this Agreement shall be in effect. At no time shall any task order exceed One Hundred
Thousand and No/100 Dollars ($100,000.00). Any payment made to the Contractor shall be based upon
the following applicable terms:
A. All charges must be in accordance with Exhibit C, "Charges/Rates for Services," and Oregon
Prevailing Wage Rates when applicable.
B. Payment will be made in installments based on Contractor's invoice, subject to the approval by
the City, and not more frequently than monthly. Payment shall be made only for work actually
completed as of the date of invoice.
C. Payment by City shall release City from any further obligation for payment to Contractor, for
services performed or expenses incurred as of the date of the invoice. Payment shall not be
considered acceptance or approval of any work or waiver of any defects therein.
D. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for
the prosecution of this work.
E. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any
account of any labor or material furnished.
F. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
G. If Contractor fails,neglects or refuses to make prompt payment of any claim for labor or services
furnished to Contractor or a subcontractor by any person as such claim becomes due, City may
pay such claim and charge the amount of the payment against funds due or to become due the
Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety
from obligation with respect to any unpaid claims.
H. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40
hours in any one work week except for individuals under the contract who are excluded under
ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime.
I. Contractor shall promptly, as due, make payment to any person, co-partnership, association or
corporation,furnishing medical,surgical,hospital care or other needed care and attention incident
to sickness or injury to the employees of Contractor or all sums which Contractor agrees to pay
for such services and all moneys and sums which Contractor collected or deducted from the wages
of employees pursuant to any law, contract or agreement for the purpose of providing or paying
for such service.
J. The City certifies that sufficient funds are available and authorized for expenditure to finance costs
of this contract during the current fiscal year. Appropriations for future fiscal years shall be subject
to budget approval by the City Council.
5. ASSIGNMENT/DELEGATION
Neither party shall assign or transfer any interest in or duty under this Agreement without the written
consent of the other and any attempted assignment or transfer without the written consent of the other
parry shall be invalid.
6. SUBMITTING BILLS AND MAHING PAYMENTS
All notices and bills will be made in writing and may be given by personal delivery,mail or fax. Payments
may be made by personal delivery,mail,or electronic transfer. The following addresses shall be used to
transmit notices,bills,payments,and other information:
CITY OF TIGARD ASH CREEK FOREST MANAGEMENT LLC
Attn:John Goodrich Attn: Wendy Kral
Address: 13125 SW Hall Blvd. Address: PO BOX 231208
Tigard, Oregon 97223 Tigard OR 97281
Phone: (503) 718-2609 Phone: (503) 327-4973
Email: johng9tigard-or.gov Email: wkral ,ashcreekforestry.com
7. TERMINATION
The parties agree that any decision by either party to terminate this Agreement will be accompanied
by thirty (30) days written notice to the other party prior to the date termination would take effect.
There shall be no penalty for early termination. If City terminates the contract pursuant to this
paragraph,it shall pay Contractor for services rendered prorated to the date of termination.
8. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts.
9. FORCE M=URE
Neither City nor Contractor shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the parties so disenabled, including but not restricted to, natural disaster,war, civil unrest, volcano,
earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually
severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so
disenabled shall within ten (10) days from the beginning of such delay,notify the other parry in writing
of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for
additional compensation. Each parry shall,however,make all reasonable efforts to remove or eliminate
such a cause of delay or default and shall,upon cessation of the cause, diligently pursue performance of
its obligation under the Agreement.
10. NON-DISCRIMINATION
Contractor agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with
Disabilities Act of 1990,ORS 659A.142,and all regulations and administrative rules established pursuant
to those laws.
11. INDEMNITY
Contractor agrees to and shall defend,indemnify and hold harmless City, City's officers, employees,
agents and representatives from and against all liability, claims, costs, demands,judgments, penalties,
and causes of action of any kind or character,or other costs or expenses incidental to the investigation
and defense thereof,of whatever nature,resulting from or arising out of the activities of the Contractor
or its subcontractors, agents,or employees in performance of this contract,except,however,that the
foregoing shall not apply to liability that arises out of the City's, its officers, employees, agents and
representatives sole negligence. If any aspect of this indemnity shall be found to be illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the remainder of this
indemnification.
12. INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this
contract. Such insurance shall cover risks arising directly or indirectly out of Contractor's activities or
work hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following limits
and coverages:
A. Commercial General Liability Insurance
Contractor shall obtain,at contractor's expense,and keep in effect during the term of this contract,
Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an
"occurrence" form (CG 2010 1185 or equivalent). This coverage shall include Contractual
Liability insurance for the indemnity provided under this contract. The following insurance will
be carried:
Coverage Limit
General Aggregate 3,000,000
Products-Completed Operations Aggregate 2,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 2,000,000
Fire Damage (any one fire) 50,000
B. Commercial Automobile Insurance
Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the
contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and
non-owned vehicles on an"occurrence"form.The Combined Single Limit per occurrence shall not
be less than$2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the Contractor
shall obtain, at Contractor's expense, and keep in effect during the term of the contract, business
automobile liability coverage for all owned vehicles on an"occurrence"form. The Combined Single
Limit per occurrence shall not be less than$2,000,000.
C. Workers' Compensation Insurance
The contractor,its Subcontractors, if any, and all employers providing work, labor, or materials
under this Contract that are subject employers under the Oregon Workers' Compensation Law
shall comply with ORS 656.017,which requires them to provide workers'compensation coverage
that satisfies Oregon law for all their subject workers. Out-of-state employers must provide
Oregon workers' compensation coverage for their workers who work at a single location within
Oregon for more than 30 days in a calendar year. Contractors who perform work without the
assistance or labor of any employee need not obtain workers' compensation coverage. All non-
exempt employers shall provide Employer's Liability Insurance with coverage limits of not less
than$1,000,000 each accident.
D. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability, shall
include the City its officers, employees, agents and representatives as additional insureds with
respect to this contract.
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company deemed
acceptable by the City. All policies of insurance must be written by companies having an A.M.
Best rating of "A-VII" or better, or equivalent. The City reserves the right to reject all or any
insurance carrier(s) with an unacceptable financial rating.
F. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the City will
consider whether such self-insurance is acceptable if it meets the minimum insurance requirements
for the type of coverage required. If the Contractor is self-insured for commercial general liability
or automobile liability insurance the Contractor must provide evidence of such self-insurance.
The Contractor must provide a Certificate of Insurance showing evidence of the coverage
amounts on a form acceptable to the City. The City reserves the right in its sole discretion to
determine whether self-insurance is adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall furnish a
Certificate of Insurance to the City. No contract shall be effective until the required Certificates
of Insurance have been received and approved by the City. The certificate will specify and
document all provisions within this contract and include a copy of Additional Insured
Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration.
H. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent contractor.
Contractor is not an officer,employee or agent of the City as those terms are used in ORS 30.265.
I. Primary Coverage Clarification
The parties agree that Contractor's coverage shall be primary to the extent permitted by law. The
parties further agree that other insurance maintained by the City is excess and not contributory
insurance with the insurance required in this section.
J. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability,pollution and errors and omissions policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded
to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard, Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company may be required to be forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The procuring of
such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding
said insurance, Contractor shall be obligated for the total amount of any damage,injury, or loss caused
by negligence or neglect connected with this contract.
12. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing parry shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including witness fees (expert and non-expert),attorney's fees and court costs on appeal.
13. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and subcontractors
and income tax withholding contained in ORS Chapters 279A, 279B, and 2790, the provisions of
which are hereby made a part of this agreement.
14. CITY OF TIGARD BUSINESS LICENSE
Contractor shall obtain,prior to the execution of any performance under this Agreement,a City of Tigard
Business License. The Tigard Business License is based on a calendar year with a December 31st
expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-
rated fee though the end of the calendar year.
15. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict between
the terms of this instrument in the proposal of the contract, this instrument shall control and nothing
herein shall be considered as an acceptance of the terms of proposal conflicting herewith.
16. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected
to the extent that it did not materially affect the intent of the parties when they entered into the agreement.
17. COMPLETE AGREEMENT
This Agreement,including the exhibits,is intended both as a final expression of the Agreement between
the Parties and as a complete and exclusive statement of the terms. In the event of an inconsistency
between a provision in the main body of the Agreement and a provision in the Exhibits,the provision in
the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and
Exhibit B,Exhibit A shall control.
No waiver, consent, modification, or change of terms of this Agreement 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 specific instances and for the specific purpose given. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
Contractor,by the signature of its authorized representative,hereby acknowledges that he/she has read
this Agreement,understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized undersigned
officer and Contractor has executed this Agreement on the date hereinabove first written. Awarded by Tigard's
Local Contract Review Board at their April 24,2018 meeting.
CI IG a ASH CREE FOREST MENT,LLC
By: Authorize&6ty Representative By:Authorized Contractor Representative
S
Date Date
Contractors Proposal
On-Call Public Works Construction Services
Proposal to: City of Tigard
Joe Barrett
AI
Dirksen Nature Park,Fencing by Ash Creek 2016
Proposed by: Ash Creek Forest Management, LLC
Wendy Kral
Projiect Ecologist
PQ Box 231208E
Tigard, OR 97281-1208
Cell: 503-327-4973
Fax: 503-620-1701
wkralC�ashcreekforestry.corn
Date Submitted: December 6. 2017
Ash Creek Forest Ma�,agernent, LLC
exlk
P.O.Box 231208
Tigard,Oregon 97281
F Office:503.624.0357
5
I www.ashcreekforestry.com
�o�E�r`•'tai1E�`''��`s.
City of Tigard-Contracts&Purchasing Office Dec 6,2017
Attn:Joe Barrett,Sr.Management Analyst
13125 SW Hall Blvd.
Tigard,OR 97223
Dear Mr. Barrett,
We are pleased to submit this proposal to the City of Tigard for our Landscaping Services associated with
the On-Call Public Works Construction Services RFQ. Ash Creek Forest Management, LLC has been
working productively in the management of parks and natural areas for twenty years in the region,
specifically on City of Tigard projects for over a decade. Along with site familiarity and continuity of
professional staff,Ash Creek brings capacity to develop, implement,and adaptively manage successful
on-the-ground restoration projects.
Our work at Ash Creek is based on the knowledge,skill,and judgment of a diverse staff and crew of
highly trained and experienced natural resource professionals. We apply our expertise in the flora,
fauna, hydrology,soils,ecology and other natural features of the region to provide the highest level of
on the ground vegetation management and wildlife habitat enhancement.
Our employment and business practices are unique for a restoration contractor. We are a B-corp
certified organization and as a Benefit Company and pride ourselves in sustainable and just employment
practices.
We are committed to performing services within specified time periods and in respect of deadlines.
Wendy Kral,Project Ecologist,will continue to represent Ash Creek in our contracts with the City.
Thank you for your consideration of our unique skills,abilities,experience, business practices and record
of success while examining our pricing relative to other firms.
Sincerely,
J
Sara Kral
Owner
Contents
Packet Submittal:RFQ Packet,Exhibits A, B,and c and proof of bond........................................................3
FirmQualifications........................................................................................................................................4
Background................................................................................................................................................4
Qualificationsand Experience...................................................................................................................4
TeamQualifications.......................................................................................................................................5
Understanding and Approach to Tigard's Needs..........................................................................................8
OverallApproach.......................................................................................................................................8
RateStructure...............................................................................................................................................9
Packet Submittal: RFQ Packet, Exhibits A, B, and C and proof of bond
3
SECTION 7
STATEMENT CERTIFICATIONS
Non-discrimination Clause
The Submitting Finn agrees not to discriminate against any client, employee or applicant for employment or
for services,because of race,color,religion,sex,national origin,handicap or age with regard to,but not limited
to,the fallowing:employment upgrading,demotion or transfer;recruitment or recruitment advertising,layoffs
or termination;ation;rates of pay or other forms of compensation;selection for training;rendition of services. It is
further understood that any contractor who is in violation of this clause shall be barred from receiving awards
of any purchase order from the City,unless a satisfactory showing is made that discriminatory practices have
terminated and that a recnuence of such acts is unlikely.
Agreed by.
Firm Name: S r, C C t,{y, �Y4___Man fm{ � U c
Address: To lex ),-Z,( -,?,0
61 -120 S
Resident Certificate
Please Check One:
9Resident Vendor:Vendor has paid unemployment taxes and income taxes in this state during the last
twelve calendar months immediately preceding the submission of this statement packet.
Or
0 Non-resident Vendor:Vendor does not qualify under requirement stated above.
(Please specify your state of sidence•
Officer's signature: _
Type or print officer's name:
RFP—On-Call Public Works Construction Services Page 13
Close—Thursday,December 7,2017
SECTION 8
SIGNATURE PAGE
The undersigned proposes to perform all work as listed in the Specification section, for the price(s) stated;
and that all articles supplied under any resultant contract will conform to the specifications herein,
The undersigned agrees to be bound by all applicable laws and regulations,the accompanying specifications
and by City policies and regulations.
The uundersigned,gned,,by submitting a statement,represents that:
The firm has read=4 understarx s 'the.3peclficatlons.
B) Failure to comply with the specifications or any terms of the Request for Qualifications may
disqualify the firm.
The undersigned certifies that the statement has been arrived at independently and has been submitted without
any collusion designed to limit competition.
The undersigned certifies that all addenda to the specifications has been received and duly considered and
that all costs associated with all addenda have been included in this statement:
Addenda: No. 0through No. inclusive.
We therefore offer and make and submit this statement packet to furnish services indicated herein in
fulfillment of the attached requirements and specifications of the City.
e
Name of firm: As� C �rts' t r IU�o Q Lv-
Address:
�c ail d .A-0 I - IZai
Telephone Number: 50 1' b'J� _Fax Nutnber.
By: '�-� Date: /722
(Sig,daturc of Authorized Official. If partnership, signature of one parmer.)
Typed Name/Tit1e:_,._ Gt Y-A _- .__ 15�tj,y1{y-�m,�jytp�g'
If corporation,attest:
(Corporate Officer)
Corporation Partnership Individual
Federal Tax Identification Number(TIN): Zti
RFP—On-Call Public Works Construction Services Page 14
Close—Thursday,December 7,2017
ATTACHMENT A
CITY OF TIGARD, OREGON
ACKNOWLEDGMENT OF ADDENDA
Project Title: On-Call Public Works Construction Services
Close: Thursday,December 7 2017 -2.00 Ran.
I/WEHAVERECEIVEDTHEFOUCIWINGADDENDA Ifnonereceived write"None Received" :
2. 4.
Date
Signature�of Pro-po1ser
Tide
Y !
Corporate Name G
RFP—On-Call Public Works Construction Sen ices Page 15
Close—Thursday,December 7,2017
ATTACHMENT B
CITY OF TIGARD,OREGON
STATEMENT OF PROPOSAL
Name of Consultant. Ash Creek Forest Management,LLC
Mailing Address: PO Box 231208
Tigard,OR 97281-1208
Contact Person: Wendy Kral
Telephone: 503-327-4973 Fag: 503-620-1701 Email:wkral@ashcreekforestry.com
accepts all the terms and conditions contained in the City of Tigard's Request for Qualifications for On-Call
Public Wpyks Cons eti n Services and the attached General Services Agreement(Attachment C):
ill l!--
S' tore of authorized representative Date
Sara Kral 503-522-5733
Type or print name of authorized representative Telephone Number
Wendy Kral 503-327-4973
Type or print name of person(s) authorized to negotiate contracts Telephone Number
REFERENCES
City of Tigard 503-718-2788
Reference#1 Telephone Number
Dirksen Oak Savanna Carla Staedter
Project Title Contact Individual
Clean Water Services 503-681-3600
Reference#2 Telephone Number
Fernhill Treatment Wetlands Jared Kinnear
Project Title Contact Individual
Polygon Homes 971-212-2144
Reference#3 Telephone Number
River Terrace at Bull Mountain Angela Grajewski
Project Title Contact Individual
RFP—On-Call Public Works Construction Services Page 16
Close—Thursday,December 7,2017
EXHIBIT A
CONTRACTOR SUMMARY FORM
PROPOSING ON(Mark"X"in box provided)
Underground Pipe Utilities Construction&Repair �]
Excavation Construction&Repair—Sanitary/Storm/WaterUtilities ❑
Concrete Services—Traffic Curb/Sidewalk/ADA Ramps ❑
General Construction—Street Paving/Sidewalks/ADARamps ❑
General Landscaping—City Parks,Trails,Nature Areas
Electrical Services—Traffic Signal/Street Lighting
Electrical Services—Pumps,Motors,Controls,PLC ❑
Mechanical Services—Pumps,Valves,Process Controls ❑
General Construction—Other ❑
Contractor Name: Ash Creek Forest Mannement.LLC
Date of Incorporation:5/04/2004 State of Incorporation:Oregon
#of Years in Business:20 Oregon Contractor's License#:(Landscaping)9432
Other or Former Names under which your organization operates or has operated:
Names of Principal(s)and Title(s):
George Kral,Forester/Owner
Sara Kral, Owner
Location of office that will provide services to the City
12360 SW Main St. #200 Tigard,Oregon
FINANCIAL STATUS AND CLAIMS
Has the applicant,or any affiliate,ever been the subject of any of the following actions(any"Yes"answer will result
in disqualification):
Debarment under ORS 279C.860 Yes ❑ No
Other action which resembles debarment Yes ❑ No
During the past seven years,has the company ever filed for protection under the Federal bankruptcy laws?If yes,
provide details on a separate sheet.
RFP—On-Call Public Works Construction Services Page Z4
Close—Thursday,December 7,2017
BONDING
Please provide a letter from the Surety with the followinginformation:
o Surety company's bond rating
o Submitting Company's name
o Submitting Company's address
o Submitting Company's aggregate work capacity
o Submitting Company's single limit
o Bonding company's representative's contactinformation
T"YPELS)OF WORK ABILITIES(check ALL that aWly)
Description of Work Experience Mark"Xv" Mark``Y"
Contractor Subcontractor
neral Questions
Worked on site at a water or wastewater treatment facility X
Worked on site at a water or wastewater pupping station
Worked on site at a water storage reservoir or tank
Worked on sanitary,storm water,water_pipe and a urtenances
Worked on stream or creek beds,embankments,riparian areas X
Performed CM-call construction services for other cities,agencies X
Excavation Construction&Repair—Sanitary/Stonn^ater Utilities
Excavation,trendijnZ shoring, ort fill,compaction,debris removal
Repair/replace/install Underground Utilities (to include water,
sanitary,storm water,manholes,catch basins,other appurtenances)
Maintain proper back-fill materials&compaction rates as conditions
Concrete Services—Traffic Curb/Sidewalk/ADA Ramps
Concrete removal and site preparation
Concrete forms for curb,sidewalk or ADA ramps
Concrete finishing to traffic industry standards
Porous Concrete mixing, lacement,finis
General Construction—Street Paving/Sidewaks/ADA Ramps
Asphalt repair,resealing, outs,grinding,p2thole patcIiipg
Paintinp,striping,hot plastic work,delineators,berms
Lighted crosswalk,beacon maintenance,re air,replacement
Trail and nature walkway construction,reair,maintenance
neral Landscaping—City Parks, Trails,Nature Areas
Park nature areas,soft sca a maintenance,vegetation removal X
Native plrtLn&ornamental planting,tree planting X
Irrigation installation,repair,maintenance (piping,controllers,backflow
device
Athletic field grass installation,maintenance,re air/reconditio
Native or natural landscape restoration open sace&nature areas X
RFP—On-Call Public Works Construction Services page 25
Close—Thursday,December 7,2017
Description of Work Experience Mark-V' Marr"X.,
Contractot ubcontrac-tor
Electrical Services-Traffic Signal/Street Lighting -
Install traffic signals,posts&support structures,wining,controls
Install street lighting,posts&support structures,whin controls
Replace lamps and photoelectric control cells
Correct mounting hardware,luminaire leveling,alignment lighting
components
Re-lam ' LED,replacement,repair,maintenance lighting components
Electrical Services—Pumps,Motors,Controls,PLC
Electrical re air/maintenanc e/replace motors,motor control com orients
PLC:and RILU systems installation,repair,maintenance,
Installation,maintenance,repair,replacement of motor control centers
Main power component repair,maintenance,breakers,disconnects,
monitors
Re air/re lace/install Duct banks,conduits raceways,wire-ways,etc.
Re /re lace/install Conductors of all types and ratings
R /re lace/install Conductors of all voltages; 120V through 4160V
Repair/replace/install underground Utilities (electrical,instrumentation,
or control)
R air/r lace/install Motor Control Centers
Repair/replace/install Breakers,Disconnects,ABT Devices and Breaker
Racking Devices
Repair/replace/install h ' Systems and Controls
Re air/re lace/install Premises Wit' and/or Security Systems CC
Re air/relace/install Transformers,Substations,and Electrical
Mechanical Services—Pumps,Valves,Process Controls
General Construction—Other(Write Description Below)
CONTRACTOR RESPONSIVENESS INFORMATION
Number of employees: 30 Number of employees able to respond to afterhours call-out 8
Contractor Estimated Average Response Time: 5 Hours
Management person responsible for direct contact with city and services required for this ProposaL•
Name•Wendy Kral Title:Project Ecologist
Telephone Number. 503-327-4973 Email Address: wkral(u»ashcreekforestry.com
Additional pages or information may be included that describe the capabilities and services of
contractor(s)not specifically mentioned above.
RFP—On-Call Public Works Construction Services page 26
Close—Thursday,December 7,2017
EXHIBIT B
CONTRACTOR EXPERIENCE FORM
Briefly describe three (3) projects within the last 5 years relating to the construction services and abilities
marked on Attachment "A" — Ability to Provide Services. Provide additional pages for each construction
services and abilities marked:
PROJECT#1 —Construction Services Ability Ex erience: General Landsca in -Parks, Trails Nature
Project Name: location:
Dirksen Oak SayajaUa Dirksen Nature Park- 11130 SW Tigud St
Contract Amount: Owner's Contact:
$ 192,350 City of Tigard-Carla Staedter
Year Work Completed: Owner's Phone Number.
2015-. present_ 503-718-2788
Contractor's Project Manager: Contractor's Foreman
Wendy Kral _ Spencer Hansen(,Crew l,ca erl
Project Description
Restoration of oak savanna habitat. Removal of invasive trees, shrubs,and weeds through mechanical methods and
herbicide use. Installation and maintenance of native vegetation soft surface trails and fence construction
hist of Major Types of Equipment: Kubota SL75 w/72"rotarvhead Tractor. 6 ft flail mower 14 ft
Kubota boomspmer,pasture harrow,broadcast cone seeder.
PROJECT#2—Construction Services Ability Experience: General
LandsMWg and work at a_wastewater treatment facili
Project N mP: Fernhill Treatment We lands Location: FCmhill Road)For cr Grov ,OR
Contract Amount: Ownees Contact:
264,000 throua June 2016 Clean Water Services-Jared Kinnear
Year Work Comnlcw. Owner's Phone Numher-
6 years on-call, still in progress 503-681-3600
Contractor's Project =r: Contractor'-Foreman
Kadie Hayward Kurt Peckler(Crew Leader)
Project Description
Installation and maintenance of native plants in and around water treatment wetlands and public paths.
List of Major Types of Equipment: 14 ft Kubota boom sprayer w/ 100 ft hose reel 8-member
restoration crew w/backpack herbicide sprayers and mechanical tools
RFP—On-Call Public Works Construction Services page 27
Close—Thursday,December 7,2017
PROJECT#3—Construction Services Ability Experience: General
Landsca in -Parks Trails Natural Areas
Project Name: Location_
River Terrace at Bull Mountain 150`'Ave and SW Danube Dr. Tigard, OR
Contract Amount Owner's Contact:
$ 194,846 Pol on Homes-Angela Grajewski
Year Work Comr,leted- Owner's Phone Number,
2017 (2 years) 971-212-2144
Contractor's Project Manager: Contractor's Foreman
Wendy Kral Spencer Hansen (Crew Leader)
Project Description
Installation and maintenance of native plants and seed vegetated enhancement corridors,water quality
acility,and community amenity area.
List of Major Types of Equipment- 6-member restoration crew w/handheld chemical applicators and
mechanical maintenance tools.
Additional Project Contractor would like to provide
Construction Services Ability Experience:
Project Name: Location:
Contract Amount. Owner's Contact
Year Work Completed: Owner's Phone Number:
Contractor's Projerl Alan ger: .ontra . o N Foreman
Project Description
List of Major Types of ui went.
Additional Information regarding construction experience,projects,personnel, or subcontractor(s):
See attached proposal
RI-'P—On-Call Public Works Construction Services Page 28
Close—Thursday,December 7,2017
EXHIBIT C
CHARGES/RATES FOR SERVICES
(Attach additional sheets if necessary)
TYPE OF RATE _ RATE(NoTLpm Tiux PWR) EMPLOYEE CLASSIRCATION
Regular $45/hr Crew labor-hand tools,syray work,
planting
Regular $50/hr Specialized labor: chainsaws power
tools,mowing
Regular $90/hr Pro
iect Management
After Houts/Weekends $60/hr Crew labor
After Hours/Weekends $ 75/hr Specialized labor
Hohdays $NA
TYPE OF FEE RATE NOTES
Dump Fec $'75/c u zrard
Other:Mobilization _ $-200/day Large equipment fee
TYPE OF EQUIPMENT _ `! DAILYRATE_ _WEEKLY RATE MONTHLY RATE
Kubota boomless or 14-ft boom $ 1,000 $_4,000 16.0(10
herbicide sprayer, 100-ft hose reel
Brush hog/72"ro!w winder $2
_,000 $8,000 $25.000
ATV with herbicide sprayer $650 $2,700 $ 10,000
Chipper(no operator/rental_ $450 $2,000 $ 7,500
$ $ $
Contractor can provide detail price sheets for charges/rates (including holiday,premium,and/or overtime
rates) for all listed services for labor,equipment,and/or materials.
Provide a quoted percentage mark-up that will apply to any quoted subcontractor costs.
DESCRIPTION MARKUP% NOTES
Subcnntractors 200%
Materials 20%
RFP—On-Call Public Works Construction Services page 29
Close—Thursday,December 7,2017
Firm Qualifications
Background
Since 1997,Ash Creek Forest Management, LLC(Ash Creek)has designed and implemented complex,
integrated restoration and reforestation projects on thousands of acres of wetland,riparian,and upland
habitat throughout northwest Oregon and southwest Washington.Ash Creek is unique in our ability to
provide a full suite of services,from professional project development and management to on-the-
ground implementation and monitoring. Originally a small business,Ash Creek has grown to over 30
employees including:conservation planners,project development specialists,project managers,
operational and financial administrators,and professionally trained and certified field crews and
equipment operators. Our staff has over five decades'combined experience in:developing
management plans,schedules and budgets;interpreting regulations and obtaining permits;developing
monitoring protocols;identifying and surveying native and invasive plants;controlling invasive
plants/noxious weeds;and restoring wetland and riparian habitats through proven, properly timed
weed control, planting,seeding and maintenance treatments.
Ash Creek is dedicated to reducing and offsetting our impact on the environment. As part of our recent
certification as&Corp,we are organizing our field staff by district—to reduce drive time,fuel use and
emissions. Working within our local community is something we value highly.
Qualifications and Experience
We are a fully licensed by the State of Oregon as a Farm/Forest Labor Contractor,as a Landscaping
Contracting Business,and a Certified Pesticide Operator. In addition,we hold a City of Tigard Business
License.
Project examples from the last five years that demonstrate our experience in Landscaping Services are
detailed below:
City of Tleard Parks iMultiale sites)
Client: City of Tigard
Contact: Carla Staedter,Environmental Program Coordinator,503.718.2788
Dates: On-going(2007-present)
Ash Creek has provided services to the City of Tigard in removing invasive species and planting and
maintaining native shrubs and trees in multiple parks and riparian sites for almost a decade. We added
Dirksen Mature Park,Tigard's largest natural area,to this portfolio in 2015. The goals of the project are
to restore oak savanna and wet pra;rie to a portion of the park. We initiated site preparation by treating
11 acres of blackberry,non-native grasses,and weedy trees, such as English hawthorne,with
herbicide. In addition,we felled hundreds of trees to release oak. Felled trees were left onsite and will
be re-purposed for a buck and pole fence to protect the restored habitat. After thorough site
preparation throughout the understory,we seeded and establish a diverse native prairie, planted shrubs
along borders,and more Oregon white oak throughout the site. Ash Creek will monitor and maintain
this site at least until 2019.
Fernhill Treatment Wetlands
Client: Clean Water Services
Contact: Jared Kinnear, Project Manager, 503.681.3600
Dates: On-going(2010- present)
4
For over a decade,Ash Creek has worked on multiple contracts for Clean Water Services(including
Woodard Park and Fanno Creek sites)and over the last 6 years helped to establish and maintain the
Fernhill Treatment Wetlands in Forest Grove. This innovative,green infrastructure approach uses
natural ecosystem processes to clean and treat wastewater. Ash Creek planted thousands of native
trees,shrubs,and herbaceous plants in water treatment ponds and throughout the site. We continue to
maintain these planting through herbicide applications and mechanical weed removal treatments.
River Terrace at Bull Mountain
Client: Polygon Homes
Contact: Angela Grajewski,971.212.2144
Dates: On-going(2015-present)
Ash Creek regularly works on wetland mitigation and storm water facilities associated with new housing
developments by Polygon Homes. Our services have covered landscaping, erosion control,temporary
irrigation,monitoring,and trash removal.. We have worked closely with Polygon to bring overall success
to their projects by acting as liaison between them and regulatory agencies and modify landscape and
mitigation plans to better suit site conditions. At River Terrace at Bull Mountain,specifically,we've
installed and maintained native plants throughout for both visual enhancement and to meet permit
requirements.
Team Qualifications
Ash Creek has a robust staff of professional ecologists qualified and available to lead landscaping
Services for the City of Tigard, individual biographies and experiences are detailed below:
George Krol, Owner/Forester
Mr.Kral is a forester,botanist and natural resource manager with 25 years'experience in assessing and
restoring native plant communities. Based on his training and experience in forestry and plant
taxonomy, he has developed widely accepted methodologies for restoring natural processes and diverse
native plant communities in northwestern Oregon. He is currently working towards a graduate degree
at Oregon State University in the Department of Botany and Plant Pathology.
over the course of his career, Mr.Kral has designed, restored, maintained and monitored over 10,000
acres of native vegetation, including wetlands, riparian areas, upland forests and oak woodlands. His
efforts have resulted in the installation of millions of native trees and shrubs,as well as seeding and
planting of over 100 species of grasses,sedges and forbs,reversing declines of species diversity by
restoring rare plant communities and species to local green spaces.
Professional Specialties:
• Plant community characterization,taxonomy,and botanical survey
s Project design, implementation and monitoring
Project management,including funding acquisition and permitting
Development of cost effective management alternatives
• Prescribed burning,grazing and Integrated Pest Management
• Mitigation bank development and management
5
Recent Relevant Projects:
• Cooper Mountain Nature Park(Metro)-Botanical inventory and management plan
• Butter Mitigation Bank-development and management
• Tualatin River National Wildlife Refuge-Developed an oak savanna restoration and
management plan.
+ Quamash Prairie Restoration Project-(Metro) Project design and management
Years of Experience: 25
Education: BS,Forest Management,Oregon State University,emphasis in plant taxonomy/ecology
Wendy Krol,Project Ecologist
Ms.Kral began with Ash Creek in 2010,when she led a successful monitoring program in the Columbia
River Gorge;for three seasons,she located and revisited plots and photopoints,collected and analyzed
data,produced reports and collaborated closely with field and office staff. She also worked at Scholls
Valley Native Nursery,where she honed excellent plant propagation and plant identification skills.
In her five years with Ash Creek Ms.Kral has developed hands-on experience and skills in all aspects of
restoration management,including project planning and implementation, budgeting,crew leadership
and logistics,and site evaluation. Ms. Kral brings a breadth of knowledge and experience to Ash Creek,
from chainsaw operations and certified herbicide application to exceptional communications and
organizational skills.
Key Qualifications
• Managing and restoring complex natural areas
+ Herbicide prescription and weed management, planting plans,implementing best practices for
restoration techniques
Project management,including budgets,crew leadership and coordination,client relations,
planning and site-assessment,problem-solving and decision-making.
• Use of GPS and Google Earth for mapping and locating
• Native and non-native plant identification and ecology
Recent Relevant Projects
• Nike Project:Salmon Safe riparian and wetland planning,site prep,planting,maintenance,and
monitoring.
• Clean Water Services Projects:Riparian,wetland and prairie site prep, planting and
maintenance.
o Naujock,Ole.son, Cook Park, Half Mile(Gales Creek and Roderick), Fanno Creek
• Metro Projects:Wet-prairie site prep, planting,maintenance and planning.
o River's Bend Prairie,Graham Oaks Nature Park
• Polygon: Site prep,planting, maintenance,management planning,landscape plan
implementation,and monitoring.
o Multiple project sites in the Tualatin Basin
City of Tigard:Oak savanna and riparian site prep, planting, maintenance,and monitoring.
o Dirksen Nature Park,Woodard Park,Fanno Creek
6
• City of lake Os-wego:Conifer and mixed forest site prep,planting, maintenance and planning.
Licenses/Certifications
Oregon Commercial Pesticide Applicator license: Forestry,Aquatic,Turf and Ornamental,Agriculture
and ROW categories
Landscape Construction Board: Landscape Construction Professional license
Years of Experience:7
Education: BA, English, University of Oregon
Kadle Hayward,Project Ecologist
Ms. Hayward has been managing projects for 2 years,and has worked with Ash Creek for 5 years. She
has experience managing complex natural systems for restoration. She's worked on many projects with
a variety of project needs including plant identification,data collection,GIS mapping,and scientific
writing, in addition to the typical prescription and restoration plan development. She's had years of
training and on the ground experience working with native and non-native vegetation in the Willamette
Valley. Kadie is currently working on a botanical inventory and habitat mapping at Fernhill Wetlands in
Forest Grove. She has contributed to the cataloging of herbarium samples at the PSU herbarium in
Portland. Through her schooling and on the ground experience with Ash Creek, Kadie has extensive
knowledge in plant identification,data collection,GIS mapping,scientific writing,as well as prescription
and restoration plan development.
Professional Specialties
• Managing and restoring complex natural areas
• GIS, Fulcrum and Google Earth for surveying and mapping
• Surveying and data collection for vegetation,wildlife and fluvial properties
• Native and non-native plant identification and ecology
• Scientific analysis and reporting
• Herbicide prescription and weed management, planting plans,implementing best practices for
restoration techniques
• Project management including budget development,client relations,planning and site-
assessment,problem-solving and decision-making,crew leadership and coordination.
Year of Experience:5
Recent Proiects
• City of Portland Water Bureau: Bull Run Watershed invasive species survey and treatment.
• Clean Water Services:Wetiand and Riparian monitoring,site prep,planting,and maintenance.
• Natural Resources Conservation Service:Oak Savana,wet-prairie,and wetland GIS mapping,site
prep, planting,and maintenance.
• Clackamas Soil and Water Conservation District:Orange and meadow hawkweed, knotweed,
false brome,garlic mustard surveys and Fulcrum data collection.
• Metro:Wet-prairie maintenance and riparian irrigation study, planting and maintenance.
Licenses/Certifications:Oregon Commercial Pesticide Applicator license: Forestry and Aquatic categories
Education: BS,Environmental science, University of Oregon
7
Understanding and Approach to Tigard's Needs
Overall Approach
Ash Creek Forest Management is well established in developing and implementing sustainable native
landscape and restoration projects for agencies and municipalities throughout the region. Our practical
knowledge of on-the-ground restoration and monitoring results of our projects provides valuable input
for both planning and budgeting for land managers. Located in Tigard,our availability and quick
responses to the City's needs has been demonstrated.
Four main principles will guide Ash Creek Forest Management's approach to providing these services.
These are:
• Ensuring clear communication with City staff;
Clearly defining biological,social,and economic goals for projects;
• Ensuring that principles of sustainability are incorporated into all products we provide;and
• Incorporating principles of adaptive management into all services we provide.
Communication
Ash Creek's first priority will be to ensure ample and clear communication with City staff.Our staff
understands how to listen,when to ask questions and how to pull together the relevant information in
order to make good decisions.Additionally,our staff members are experts in their fields and will
regularly provide alternative perspectives,offer suggestions for improvement,and help to refine goals
and objectives. Regular check-ins with City staff will ensure that the projects stays on track in terms of
budget, product delivery,and product quality.
Defining Diverse Objectives
The City of Tigard Public Works Department encompasses a complex list of duties from sewers to nature
trails.Because of this,goals and objectives for land management generally require a balance between
social,economic;and biological considerations.Ash Creek Forest Management is experienced in
developing projects that require balancing these interests. Before beginning any project,we will work
with staff from the City of Tigard to define diverse short and long-term objectives for projects in order to
ensure a successful outcome.
Sustainability
At Ash Creek,the most important lens through which we view any natural resources project is that of
sustainability.With decades of experience implementing restoration projects,our staff regularly ask: is
this project sustainable in the long-term and if so,what will be the costs in time and money to sustain it?
Restoration of native habitats is a long-term process complicated by ongoing disturbance and
fragmentation.While restoring habitats to their pre-disturbance condition may often be desirable,it is
not always feasible.When developing restoration plans,Ash Creek takes site conditions,surrounding
land use,climate change,existing plant communities,historic land use and plant community
composition,and long-term development trends Into account before establishing desired future
conditions.Our goal,for any project we manage, is to define sustainable for our clients in real terms
before beginning work.
Adaptive Management
Because of the long-term nature of our work and the long-term investments we make in restoration,we
s
consider adaptive management to be critical to the success of any project. Whether developing
implementation and conservation plans,developing plant palates for seeding,or reporting on existing
work,we consistently incorporate flexibility and adaptability into our work product.In a rapidly
changing world,being able to respond quickly and effectively to changing conditions is vital to success.
Ash Creek Forest Management will provide a full range of landscape services designed to help the City
bring the plant communities on its properties to a sustainable, native dominated condition that provides
for water quality, habitat,recreation,and,where feasible,economic output over the long-term.ACFM
will provide a realistic assessment of the long-term investments that will be needed to sustain these
habitats,will help define best management practices,and incorporate adaptive management into all
planning efforts.
Rate Structure
Ash Creek rates are competitive and reflect those within the industry in our region. Please see our rate
structure breakout in the Exhibit C. Given the nature of the category we are bidding on (Landscaping),
after hours is not feasible due to limited day light and holiday work days are not typically warranted.
We are happy to work more than 8 hour work days when conditions allow and weekends with advance
notice for the same rates listed in Exhibit C.
9
i
Bureau of Labor and Industries
Wage and Hour Division
Labor Contracting Unit
•�'•. Labor ContraCtO Bond a
(Please Read Instructions Carefully Before Completing)
Bond Nuc•iber:(I) 70828476
Effective Date: _ November 30, 2027
KNOW A!a MEN BY THESE PRESENTS:
That we, ,2)Ash creek Forest Manaa,cment. LLC �.d t3eorge Kral
are authc rued to transact business within the State of Oregon as principal and(3)
WESTE:3N SURETY COMPANY a corporation
duly organized and existing under and by virtue of the laws of the State of(A) Snuth Dakota
and auth.arized to transact a surety business within the State of Oregon,as surety, are held and firmly
bound unto the Vommissioner of the Oregon Bureau of Labor and Industries in the penal sum of (3)
TwentyThaueand and 0 0/1a a thousand dollars(s)$ 20,000.00
,
lawful mr,ney of the United States of America,for the payment of which well and truly to be made,we
hereby band ourselves,our heirs, executors,administrators,successors and assigns jointly and severally,
firmly by these presents.
The Gond itions of this obligation are such that if the said principal shall:
1. Pay in full all sum&due on wage claims of employees;and
2. Fay all sums due to construction property owners,the grower or producer of agricultural
c)mmodities or the owner or lessee of intended to be used for the production of timber for advances
rude to or on behalf of the labor contractor;then this obligation is to be void;otherwiee.the
c bligation is to remain in full force and effect.
This bona shall remain in full force and effect from the date of its issuance until(7) November -J-10-i_2-018
and shall be irrevocable during this period. It is understood that all claims against thea Za sha&be
unenforceable unless request for payment of a judgment or other farm of adequate proof of liabili*- bi a
notice of the claim has been made by certified mail to the surety or the Commissioner within six(6)months
from the date of expiration of the bond.
The surf ty and principal agree that the Commissioner of the Oregon Bureau of Labor and Industries shall
determb,e the principal's liabilities to the benef v�eries pursuant to the provisions of ORS Chapter 183,and
shall,af,.er notice directed to the principal and an opportunity for hearing,enter findings of fact,conclusions
of law aj,d order with respect to any liabilities to the beneficiaries found to exist unless the matter is
otherwic a disposed of by stipulation,agreed settlement,consent order or default.
The Conanissioner,the principay and the'surety further agree that ten(10)days subsequent to the
Commis4ioner having determined a liability to exist on the part of the principal to a beneficiary,the
Commis.Aoner may demand from the surety,and the surety will promptly pay subject to the limits of this
bond, sL fficient funds to pay the beneficiary the amount of the liability which has been determined by the
Commis 3ioner, unless the Commissioner grants a stay or is stayed by an appellate court.
Dated a,id Issued This(8) 14th =_Day of ogtgher 2017
(Continued on the reverse)
WH-155 Rev. 1/15 This information is aoai.lable in an alternate format.