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HomeMy WebLinkAbout2013-062 Contract - Columbia Helicopters - AFR C a r r o f CITY OF ASHLAND -ASHLAND. ASHLAND FOREST RESILIENCY PROJECT HELICOPTER SERVICES W FEBRUARY 2013 This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of Oregon (hereinafter "City" ) and Columbia Helicopters, Inc. (Hereinafter "Contractor"). The City's Project Manager for this Contract is Chris Chambers. Forest Division Chief for City of Ashland Fire and Rescue Department. WHEREAS, City caused to be prepared a certain bound Project Manual or Proposal Package (including but not limited to Proposal Schedule, Proposal forms, the Proposal, Performance and Payment Bonds, as applicable, General Conditions Contract For Ashland Forest Resiliency Project Helicopter Services, Technical Specifications and/or Exhibits A through 11, Appendix A, and Maps (hereinafter referred to as "Contract Documents") for its project entitled "Ashland Forest Resiliency Project Helicopter Services February 2013" and WHEREAS, Contractor did on the 4th day of February, 2013, file with City a proposal to furnish equipment, labor, material, and appurtenances for completing said project as set forth in the Contract Documents and agreed to accept as payment therefore the sums fully stated and set forth in the bid; and WHEREAS, the Contract Documents and bid filly and accurately set forth and describe the terms and conditions upon which the Contractor proposes to furnish said equipment, labor, material and appurtenances and perform said work, together with the manner and time of furnishing same; and NOW THEREFORE, for good and valuable consideration the parties mutually covenant and agree as follows: 1. Recitals. This recitals set forth above are true and correct and are incorporated herein by this reference. 2. Effective Date and Duration This contract is effective on Nlarcli 7°i 201'3 or on the date at which every party has signed this contract, whichever is later. The work under this contract shall, unless otherwise terminated or extended, be completed on or before f 'June JOT. 2013 or before V8 calendar days following Contractor's receipt of the Notice to Proceed, whichever is earlier. 3. Statement of Work The work under this contract is for provide wildfire feels reduction through timber harvesting, (including harvesting by use of helicopter) and timber trucking services as is more fully described in the Contract Documents, incorporated herein and made a part hereof by this reference. The statement of work, including the delivery schedule for the work, is contained in the Contract Documents. Contractor acknowledges receipt of all Contract Documents in existence at the date the Contract is signed and further acknowledges Contractor has Lead tp~ry,~ and fully Cityai Ashland 1 understands the Contract Documents, and understands that in signing this Agreement contractor waives all rights to plead misunderstandings regarding the same. Contractor shall, at its own risk and expense, perform the work described in the Contract Documents and furnish all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, performance of the work, that is, the completion of this Ashland Forest Resiliency Project Helicopter Services Project for the City of Ashland, Oregon, as shown in the Contract Documents. Contractor shall secure all Municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees and royalties necessary or incident to performance of the work on this contract. The risk of loss for such work shall not shift to the City until written acceptance of the work by the City. 4. Consideration a. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a sum not to exceed: $950,000 dollars at the rates submitted by the Contractor as referenced in Section M of this contract for accomplishing the work required by this contract, including allowable expenses. This sum cannot be modified except by Change Order approved in writing by City. Any progress payments to Contractor shall be made only in accordance with the schedule and requirements in Section E, General Conditions Contract For Ashland Forest Resiliency Project Helicopter Services. b. City certifies that sufficient funds have been appropriated to make payments required by this contract during the current fiscal year. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE Business Name (please print: S va Contact Name: I"on,rv. Phone: . t ' a. Fax: 52 3 -678-61- tf / Address: ?0• Box 35ao 0K 472O9 Do Arot Write Federal and State Tax ID Numbers on this Agreement One copy of PV 4 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License # ZO Q Construction Contractors Board # W-A Citizenship: Nonresident alien Yes No Business Designation (check one): Individual Sole Proprietorship Partnership X Corporation _ Government/Nonprofit The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding''. City of Ashland 2 4`1 I, the undersigned, understand that the General Conditions Contract For Ashland Forest Resiliency Project Helicopter Services February 2013 together with Exhibits A through H and Appendix A together with all other Contract Documents as described in General Conditions Contract For Ashland Forest Resiliency Project Helicopter Services February 2013, are an integral part of this contract and agree to perform the work described in the Contract Documents in accordance with the terms and conditions of this contract. I further understand the City is prohibited from entering into a contract when the contractor has neglected or refused to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon tax laws; I further certify that the certification and representations in Contractor Certifications and the General Conditions Contract For Ashland Forest Resiliency Project Helicopter Services February 2013 are true and correct, and further I certify that I am an independent contractor as defined in ORS 670.600. Signed by Cont' ctor: q~ (eAsk of -5 G 6 3- 7-/2 Signature/Title Date Printed Name: e- Ae( ~oer'~- NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it has been executed by the Public Contracting Officer or designee cis well crs City Finance and Legal Department representatives. CITY OF ASHLAND SIGNATURE Approved: City of Ashland Date Reviewed: Approved as to form, i f y Attorney G~/~ gB City of Ashland 3 CERTIFICATIONS OF REPRESENTATION Contractor, under penalty of perjury, certifies that: (a) The number shown on this 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, and (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: X (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. X (2) Commercial advertising or business cards or a trade association membership are purchased for the business. L/ (3) Telephone listing is used for the business separate from the personal residence listing. X (4) Labor or services are performed only pursuant to written contracts. X (5) Labor or services are performed for two or more different persons within a period of one year. (6)l 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. v W, d eove- Date 3 " 7 t~ By: (Print Name) Contractor i City of Ashland 4 CITY OF ASHLAND, . City of Ashland LIVING ALL employers described WAGE below must comply with City of Ashland laws regulating payment of a living wage. 1 0 per hour, effective June 30, 2012. ►'~AIIA The Living Wage is adjusted annually every June 30 by the Consumer Price Index. obusiness of their employer, cafeteria plans (including yer has ten or childcare) benefits to the emplo e employees, and has amount of wages received by ved financial assistance nce the employee, for ➢ For all hours worked under a the project or business service contract between their from the City of Ashland in ➢ Note: "Employee" does not employer and the City of excess of $19,494. include temporary or part-time Ashland if the contract employees hired for less than more. ➢ If their employer is the City of 1040 hours in any twelve- exceeds $19,494 contract Ashland, including the Parks month period. For more and Recreation Department. details on applicability of this ➢ For all hours worked in a policy month if the employee spends please see Ashland he ➢ In calculating the living wage, Municipal Code Section 50% or 's more of time th that month employers may add the value 3.12.020. employee of working on a project or portion health care, retirement, 401 K and IRS eligible 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. I I/VUM CITY OF ASHLAND 'CNASURETY Performance Bond Bond Number: 929559029 KNOW ALL MEN BY THESE PRESENTS: - ; - That we, Columbia Helicopters, Inc, PO.Box'3500, Portland OR 97208 (hereinafter called Principal), as Principal; and The Continental insurance.Company, a corporation organized and doing business under and by - virtue of the laws ofthe State of Penosylvaniaand duly licensed for the purpose of making, guaranteeing or becoming sole:surety upon bonds or., - undertakings required or authorized by the laws of the State of Oregon (hereinafter called. Surety) as Sutbry, arc held, . ; - and firmly bound unto ' - City cf Ashland 20 E..Main,'Ashland, Oregon. 97520.. `(hereinafter called Obligee) intheiust ; One Hundred Ninet Thousand and.No/100. and full sum of. Y. Dollars (S $190,000.00 lawful money of the United States of America, for the.paymept of which, well and truly.to be made, we hereby bind ourse ves an our an _ eac o our successors and assigns, jointly and severally; firmly;by these presents. - THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT, WHEREAS; Principal has entered into a contract dated March 11, 2013 with the Obligee for the cutting and removal of timber known as Ashland.Forest Resiliency Project as is more specifically' set forth in said contract. NOW, THEREFORE; if said Principal shall well and truly do the said work, and fulfill each and every of the covenants, conditions and-re quirernents . of said contract, then the above, obligation to be void, otherwiseto; remain in full force and effect - No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein: - - IN WITNESS W HEREOF; said Principal and said Surety. have caused.these Presents to be duly signed and sealed this 11th day of March 20 13 Columbia Helicopters, M6.: q~ r cipal (SEAL) Peter M. Larice, Executive V. P. The to i en 1 s' n e Corn ban ur y (SEAL) By: Mark S. Richardson Attorney-in-Fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint . Elizabeth Me Greer, Mark Richardson, Individually - - of Lewiston, ID, its true and lawful AttomeAs}in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instrurrients of similar nature In Unlimited Amounts r and to bind them thereby as fully and to the same extent es if sdch instnanents.were signed by a duly authorized officer of the insurance company. and all the acts of said Attorney, pursuant to die.authority hereby given is hereby ratified and confirmed. - This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal - to be hereto affixed on this 29th day of September, 2009. : The Continental Insurance Company Jacqu a M. elcastro : Senior Vice President State of Illinois, County of Cook, ss: On this 29th day of September, 2009, before me personally came Jacquelyn M. Belcastm to me known, who, being by me duly swom did_ depose and say: that she resides.in the city of Chicago, state of Illinois; "she is a Senior Vice President of The Continental Insurance Company, a . Pennsylvania insurance company; descnlied in and which executed the above instrument; that she knows the seal of said insurance company; that the seal' . affixed to the said instrument_is such corpar* seal; that it was so affixed pursuant to authority given by the Doan) of Directors of said insurance . company and that she signed her name thereto pursuant to like authority, and acknowledges same to be the act and decd of said insurance Company, ~ . WCOtaf~flpt~F16a1~Y~lq My Commission Expires September.17, 2013 Eliza ce - _ :Notary Public . - CERTIFICATE 1, Mary A. Ribikawskis, Assistant Secretary of The Continental insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverse henwf is still in force.. In testimony whereof l have hereunto subscribed my name and affixed the seal of the said - insurance company this 11th day of March 2013. ujJ• ' The Continental Insurance Company Cl. Mary A. ika kis Assistant Secretary Form F6850-52009 Client#: 129672 COLUHELI V) ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE 120120/2 12/20/2012 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:Ezt : Propel Insurance AI PNONE 800 499-0933 866 577-1326 AIC No Salem Commercial Insurance E-MAIL C No 3220 State Street Suite 130 ADDRESS Salem, OR 97301 INSURER(S) AFFORDING COVERAGE "Ica INSURER A: Liberty Northwest Insurance COf INSURED INSURER B Columbia Helicopters Inc PO Box 3500 INSURER C: - Portland, OR 97208 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 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 ADOLSUBR POLICY EFF POLICY EXP INSR MD POLICY NUMBER MWD6IYYYY MWDDrYYYY LIMITS GENERAL LIABILITY I EACH OCCURRENCE 5 COMMERCIAL GENERAL LIABILITY PREMISES EaEoccccurrence E CLAIMS-MADE E OCCUR MED EXP (Any we person) 5 PERSONAL B ADV INJURY $ GENERAL AGGREGATE E GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS - CONNOR AGG $ POLICY PR?- OC E AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ELY ANY AUTO BODILY INJURY (Per person( E ALL OVMED SCHEDULED AUTOS AUTOS BODILY INJURY (Per am dent) S HIRED AUTOS NON-OWNED 1 PROPERTY DAMAGE AUTOS Per accident S E UMBRELLA UAB OCCUR I EACH OCCURRENCE S EXCESS LAB CLAIMS-MADE AGGREGATE E DIED RETENTIONS S A WORKERS COMPENSATION, I WC41N0002712013 1I01/2013,01101/2014X WCSTATU-X OTH- AND EMPLOYERS' LIABILITY OFFICERMEtMBTREXCLUDED'~IJTrvE u ^NIAI - `-L EACH ACCIDENT--' S1-,000000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS belma IE. L. DISEASE - POLICY LIMIT $1000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ANach ACORD 101, Additional Remarks Schedule, If more space is required) Proof of Coverage - OR-CA-AK-MT-ID CERTIFICATE HOLDER CANCELLATION City of Ashla' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 92 City Hall ACCORDANCE WITH THE POLICY PROVISIONS. 20 E Main St Ashland, OR JAN - 4 2013 AUTHORIZED REPRESENTATIVE u.(c~ © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26.(2010106) .1 of 1 The ACORD name. and logo are gistered marks of ACORD.. _ #SlO53567IM10535412 TDG00 i I A m y' ~ W W w• .n- ti i CD C) O y CCD 00 `p a~ Q a -u v0 N OQ coo (D 0 x co U3 ~ G 3 0 CD [a RD CD to C a ~_p OC) .p Opt C7 a z o m o CD M 'O CYO W c7 Cl m 0 N) D N 11 N ~i O 0 -u D3m z0 -I P) m ;u G a w 77 Z z p CD ,Y (D 0 ~t 77 O CD b o z p z o m c~ a m T o D a~ o t -3 C) ~o yi to o °z n<r w N G mD ° b o zZ b o z mm o z o C v $ tp, .O-. o O N M LA n oa m O 4a c w w o N < cn 00 w b F. m a y I ON C7 O -~-1 n m ° c~ O o in Z n n ~p15- m y boy K z Z A O 1 rn m o m C7 m _Z 0 0 : n V z~ Co m zo c N `a N L m O -0 A01 WA C A CD r m p w m o A~ O ® CERTIFICATE OF AVIATION LIABILITY INSURANCE oA0810312012111 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 certlficate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to i 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 CAMEACT Drew Johnston or Cheryl Turner Aon Risk Solutions, Inc. PHONE 316.941.1553 or 316.941.1519 FAX 847.953.3457 N4. EXU PJL No E-MAIL drew.ohnsion aon.com or cheryl.turner@aon.com 245 N. Waco, Suite 420 2DREss: I @ _ PRODUCER Wichita, KS 67202 INSURERS AFFORDING COVERAGE % NAICY INSURED INSURER A: Underwriter, al Lloyd's of London and Columbia Helicopters. Inc. INSURERS: various companies. and all Affiliated Subsidiaries as now or hereinafter Constituted INSURER C : I P.O. Box 3500 INSURER O: : Portland. OR 97208 INSURE2E INSURER F 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 j CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AIRPORT & FBO LIABILITY COVERAGES CERTIFICATE NUMBER: 2012- 89 REVISION NUMBER: INSURER LETTER POLICY NUMBER EFFECTIVE GATE EXPIRATIONDATE ADDITIONAL INSURED? (YI In SUBROGATION WAIVED] IY I HJ AM1200401 0510112012 05/0112013 Y N COVERAGE OPTIONS LIMIT APPLIES TO LIMIT APPLIES TO $ BI EA PER $ PO PREMISES LIABILITY $ 10,000,000 EA OLC PREMISES MEDICAL PAYMENTS $ EA PER $ EAOCC SALE OF FUEL, OIL $ BI EA PER $ 10,000.000 AGGR PRODUCTS LIABILITY EXTENDED $ 10,000,000 EA OCC COMPLETED EXTENDED $ BI EA PER $ AGGR OPERATIONS - $ LIABILITY EA OCO HANGARKEEPERS INCLUDING TAXI $ LEGAL LIABILITY EA AIRCRAFT $ EA OCC IN FLIGHT FIRE LEGAL LIABILITY $ ANY ONE FIRE PERSONAL INJURY LIABILITY $ EA OCO $ AGGR ADVERTISING LIABILITY $ EA OCC $ AGGR CONTRACTUAL LIABILITY INCLUDED EXCLUDED COVERAGE CODE DESCRIPTION OPTIONS LIMIT APPLIES TO LIMIT APPLIES TO Aircraft Liability $ 10,000,000 EA OCC $ i $ Is $ $ $ $ $ $ DESCRIPTION OF OPERATIONS I REMARKS Attach ACORD 1D1, Additional Remarks Schedule, if mores ace is required) DESCRIPTION OF INSURANCE: Third Party Bodily Injury (Excluding Passengers) and Property Damage Legal Liability arising out of the operation of the Insured Aircraft and Premises. ADDITIONAL INSURED: The Certificate Holder is included as an Additional Insured buy only as respects the acts or omissions of the Insured in connection with the Contract. 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, its departments, divisions, officers and ACCORDANCE WITH THE POLICY PROVISIONS. employees AUTHORED REPRESENTATIVE City Hall .20 E. Main Street Ashland, OR 97520 _'~!(J1~. ist, ~1OLL(.L tf)i~~, r)ZL. I © 2009 ACORD CORPORATION. All rights reserved. ACORD 20 (2009112) The ACORD name and logo are registered marks of ACORD PRODUCER CUSTOMER ID: PRIVATE HANGAR LIABILITY COVERAGES INSURER LETTER POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ADDITIONAL INSURED? (YIN) SUBROGATION WAIVED? (YIN) COVERAGE OPTIONS LIMIT APPLIES TO LIMIT APPLIES TO HANGARKEEPEHS INCLUOINGTAXI LEGAL LIABILITY $ EA AIRCRAFT $ EA OCC N FLIGHT COVERAGE LOGE DESCRIPTION OPTIONS LIMIT APPLIESTO LIMIT APPLIES TO $ $ $ $ AVIATION .PRODUCTS . LIABILITY COVERAGES....... INSURER LETTER POLICY NUMBER EFFECTIVEDATE EXPIRATIONDATE ADDITIONAL INSURED? (YIN) SUBROGATION WAIVED?(YIN) COVERAGE OPTIONS LIMIT APPLIESTO LIMIT APPLIESTO INCL COMP ORB INCL SPACECRAFT PRODUCTS LIABILITY $ EA OCO $ AGGR EXCL. COMP OPS EXCL SPACECRAFT GROUNDING LIABILITY $ EA MC $ AGGR FOREIGN MILITARY AIRCRAFT PRODUCTS INCLUDED COVERAGE CODE DESCRIPTION OPTIONS LIMIT APPLIES TO LIMIT APPLIES TO $ $ $ $ OTHER COVERAGES LINE OF BUSINESS INSURER LETTE0. POLICY NUMBER EFFECTVE DATE EXPIRATION DATE ADDITIONAL INSURED?(YIN) SUBROGATION WAIVED? (YIN) COVERAGE CODE DESCRIPTION OPTIONS LIMIT APPLIES TO LIMB APPLIES TO $ $ $ $ f $ $ f S $ $ $ $ $ $ $ $ $ $ $ $ $ $ S $ $ OTHER COVERAGES LINE OF BUSINESS INSURER LETTER POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ADDRIONAL INSURED? (Y I N) SUBROGATION WAIVED? (YIN) COVERAGE CODE DESCRIPTION OPTIONS LIMIT APPLIES TO LIMIT APPLIES TO $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ I $ $ I $ $ ACORD 20 (2009112) i D2012 YYY) nco CERTIFICATE OF LIABILITY INSURANCE OAT 081031 (MMI 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 CONTACTNAME: Anemia Krueger Add Risk Insurance Services West, Inc. PHONE INC. No, Eat): 503306234] FAX(AIC,Nd): 50]]950923 851 SW 6"' Avenue, Suite 385 EMALLADDRESS: . Punland,OR 97204.......... INSURERS AFFORDING COVERAGE NAICa INSURED INSURER A: AmCnCall States Insurance Company Columbia Helicoplers,lne. INSURER B: Allied World National ASSUrance Co. INSURER C: P. O. Box 3500 INSURER D: Portland, OR 97206 - INSURER E: INSURER F: I COVERAGES CERTIFICATE NUMBER: 41 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 ADDLSUISR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPEOFINSURANCE INSR YWD POLICY NUMBER DAM(MWDDIYY) DAM(MMIDDIW) LIMITS A GENERAL LIABILITY 02CO153156-00 06101112 0601113 EACH OCCURRENCE 51,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 51,000,000 PREMISES (Ea occurrence) CLAIMS MADE Il OCCUR MED EXP(Any one person) $10.000 % Ino. Logged PO t. Contractual Uabfity PERSONAL aADV WARY 51/)00,000 t GENERALAGGREGATE S2,DC0,000 GENERAL AGGREGATE LIMIT APPLIES PER. PROOLATS-COMPIOPAGG s2.000.000 POLICY PROJECT LOC AUTOMOBILE LABILITY WCG357531A0 Cl 0601113 COMBINED SINGLE LIMIT 51,000,000 A X ANY AUTO (Ea ACddena % ALL OWNED AUTOS BODILY INJURY (Per person) SOHEDULEDAUTOS BODILY INJURY (Par amidert) X HIREDAUTOS PROPERTYDAMAGE % NCNOWNEDAUTOS (Peracudenp B X UMB FELLA LAB X OCCUR 03056094 060V12 06101113 EACH OCCURRENCE 54,,000.000 EXCESS UAB CLAIMS-MAOE AGGREGATE 54,000,000 DEDUCTIBLE RETENTION S WORKERS' COMPENSATION We STAT7 0TH AND EMPLOYERS' LIABILITY YIN TORYUMITS -ER ANY PROPRIETORIPARTNEWE%ECUTIVE EL EACH ACCIDENT OFFICER/MEMBER EXCLUDED? (Mandatoryin NH) EL DISEASE-EA EMPLOYEE ELDISEASE-POLICY LIMIT If yes, desrnbe antler DESCRIPTION OF OPERATIONS taIL- I DESCRIPTION OF OPERATONSILOCAnONS1 VEHICLES (Aawh ACORD 101 Additional Remaas SCbedWe, If more space a u9ulmd) RE: Ashland Forest Resiliency Project. The City of Ashland, its departments, divisions, officers and employees are included as Additional Insureds but only as respects negligent acts or omissions arising out of the Named Insured's ongoing operations and where required by written contract or agreement per attached endorsements. Where required by written contract or agreement, such coverage shall be primary and non-contributory as per attached endorsements. The umbrella policy is excess of the scheduled commercial general liability and automobile policies. CERTIFICATE HOLDER CANCELLATION City of Ashland City Hall SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATS THEREOF, NOTICE WILL BE DELIVERED IN 20 E. Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ,gq 4dtt R,44 9,oe aYCd Sedatded weda, 7Nc. ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD i CITY OF FORM #9 ASHLAND SS IAL`PROCURElVIENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: John Kams and Chris Chambers, Ashland Fire & Rescue Date: February 12, 2013 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Fire Department 2. Department Contact Name: Chris Chambers, Forest Division Chief 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From 2/27/2013 To: June 30, 2013 5. Total Estimated Cost: Up to $975,000 6. Short title of the Procurement: Ashland Forest Resiliency Helicopter Fuels Reduction Supplies and/or Services or class of Supplies and/or Services to be acquired: Contractor will provide tree falling helicopter yarding and log transport services to accomplish the Ashalnd Forest Resiliency Project goal of a safer and more resilient community and municipal watershed. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: The City issued a Request for Proposal in 2012 for helicopter thinning and fuels reduction associated with the Ashland Forest Resiliency Project (AFR). As a partner with the federal govemment and two non-profit entities, the City, acting on behalf of the AFR partnership, contracted Columbia Helicopters, Inc. with funding provided by the federal economic stimulus program. A second phase was mentioned in the original RFP with the successful bidder having the opportunity to negotiate a price and terms with the City as long as both parties were satisfied with the outcome of the Form #9 - Special Procurement- Request for Approval, Page 1 of 3, 2113/2013 first contracted phase The first portion of the project is complete and has met expectations and contact specifications The second phase has been offered to Columbia Helicopters with agreed upon price and terms pending approval of a Special Procurement by City Council. Proposed procedure: If City Council authorizes the Special Procurement we expect to begin cutting overations in early March followed by helicopter yarding and log hauling sometime in April. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Columbia Helicopters Inc., having been successful in the initial phase of helicopter work in the city's watershed is now familiar with the intricacies of working with the City and our AFR project partners. Columbia has successfully interfaced with the public, met very specific requirements for resource protection and established a working relationship with City staff and Forest Service inspectors in a complicated and dynamic environment. The agreed upon price for phase two is less than the competing bid in the original phase one RFP process. 9. Findings to Satisfy the Required Standards: This proposed special procurement: (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: A Request for Proposal was issued by the City for the first phase of the AFR project with the caveat that future work was a possibility for the successful bidder. The project therefore, was conceived in a competitive process with prior knowledge of future work with all responding contractors. The continuation of work is of like type and amount in the second phase of helicopter thinning forest thinning. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and (b)(i) will result in substantial cost savings to the contracting agency or to the public because: The second phase proposed pricing from Columbia is lower than the rate quoted by the one other company from whom we received a bid for phase one in similar conditions. Though higher than the rate the City paid in the phase one contract the proposed pricing in this second phase of the AFR work combined with similar work by Columbia Helicopters the City desires to contract on its own Winburn Property, is a substantial cost savings when combined operationally (though two separate contracts) as proposed Functionally, fixed costs are spread over a larger volume of work, creating economy of scale and cost savings to the City. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 27913.065, or 279B.070, or any rules adopted thereunder because: With phase one completed Columbia Helicopters is in a unique position with knowledge of local influences relationships and opportunities that lead to a successful operation in a highly sensitive location The City also believes that Columbia helicopters are best suited to meet production timelines that meet our funding deadlines in the AFR and Winbum projects. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #g - Special Procurement - Request for Approval, Page 2 of 3, 211312013 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - February 20'", 2013 PUBLIC NOTICE Approval of a Special Procurement First date of publication: February 20'", 2013 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on February 19'r', 2013 Services to be provided are cutting and helicopter removal of excess trees for fire hazard reduction and transportation to a local millingfacility as part ofthe Ashland Forest Resiliency Stewardship Project. This is a Contract-specific special procurement. The City intends to directly award the contract to Columbia Helicopters, Inc. Cost is not to exceed $950, 000 to be completed by June 15'h 2013. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055, 27913.060, 27913.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Fire Department, c/o Chris Chambers at 455 Siskiyou Boulevard, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on February 27H, 2013. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Spedal Procurement- Request for Approval, Page 3 of 3, 2113/2013 City of Ashland, Oregon - Agendas And Minutes Page 1 of 4 is . kf.r:n. • Back a Notify me by Email receive email updates for ' ' 111 r Citv of Ashland. Orecon / City Council City Council - Minutes Tuesday, February 19, 2013 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 19, 2013 Council Chambers 1175 E. Maid Street CALL TO ORDER - Mayor called the order at 7:00 p.m. Civic Center Council Chambers. ROLL CALL Councilor Voisin, Mortis, Lerrhouse, Slattery, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced the City was accepting applications for annual appointments to the various Commissions and Committees. The deadline for applications was March 15, 2013. He went on to move agenda Item #3. Consideration of a letter of Intent between Ashland Community Hospital, Asante Health Systems, the City of Ashland, and the Ashland Community Hospital foundation under NEW AND MISCELLANEOUS BUSINESS to number 1. with Council consent. APPROVAL OF MINUTES The minutes of the Special Meeting of February 2, 2013, Study Session of February 4, 2013, Executive Session of February 4, 2013 and Business Meeting of February 5, 2013 were approved as presented. SPECIAL PRESENTATIONS a AWARDS Police Chief Terry Holdemess noted Frank D'Entremont's career with the Ashland Police Department and thanked him for 57 years of service. CONSENT AGENDA 1. Approval of minutes from Boards, Commissions, and Committees 2. Liquor License application for Warren Anderson the Ashland Texico 3. Liquor License application for Rajan Kumaran dba Tudor Guild, Inc. 4. Liquor License application for Brandon Overstreet dba Swing Tree Brewing Co. 5. Liquor License application for Michael Ulizzi dba Club 66 6. Approval of special procurement for boundary survey work on Calla Guanajuato 7. Approval of a special procurement for phase #2 of the Calla Guanajuato resurfacing project 3. Adoption of a funding agreement between the City of Ashland and the Oregon Department of Forestry 9. Award of a public contract for a risk management advisor 10. Approval of a contract amendment with Liquivision Technology 11. Approval of the Mayor's appointment of Krista Hepford W the Public Arts Commission 12. Consent to Legal Representation by David Lohman on M, Ashland Ski Area Matters 13. Approval of a special procurement for helicopter forest thinning for the City of Ashland's Winburn property 14. Approval of a special procurement for helicopter forest thinning for the Ashland Forest Resiliency Project Councilor Rosenthal and Slattery pulled Consent Agenda Item #9 for discussion. Administrative Services Director Lee Tuneberg clarified the Risk Management Advisor contract would help the City negotiate Insurance packages not covered by city or county Insurance services. The contract was $18,000 per year for two years with a free-year renewal option. The fee schedules addressed how much the company charged, complexity, and coverage. Councilor Voisin pulled Consent Agenda item #12 for discussion. City Attorney Dave Lohman confirmed he would represent the City regarding Issues relating to Mt. Ashland Association (MAA) who was a former dient of his previous law firm and clarified he was not Involved In the lawsuit that occurred at the firm. Councilor Rosenthal pulled Consent Agenda Item #13 for discussion. Forest Resource Specialist Chris Chambers darified the grant covered 100% of the project cost Including the value of the material removed up to $335,000. They based the $335,000 on $500 per 1,000 board feet. Since that estimate, the market Improved and the price was now over $700 per 1,000 board feet. The extra funds would extend the project to Include fuels reduction treatments on private property bordering the Ashland Watershed, presuibed burning on City of Ashland foresdands, and fuels reduction In Slskiyou Mountain Park. Staff did not anticipate needing a contingency. Councilor Marsh/Slattery m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=5197 3/11/2013 Page 1 / 1 CITY OF ASHLAND DATE PO NUMBER 20 E MAIN ST. 3/18/2013 11488 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 017240 SHIP TO: Ashland Fire Department COLUMBIA HELICOPTERS, INC. (541) 482-2770 PO BOX 3500 455 SISKIYOU BLVD PORTLAND, OR 97208 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Chris Chambers Special Inst: Confirming? No Quanti - - Unit Description Unit Price Ext. Price Wildfire fuels reduction for the 950,000.00 Ashland Forest Resiliency project throuqh cuttinq, helicopter timber . harvestinq and timber trucking services. Contract effective on March 7, 2013 Completion date June 30, 2013 SUBTOTAL 950 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 950,000.00 ASHLAND, OR 97520 Account Number ' Project Number Amount Account Number Project Number Amount E 670.07.29.00.60416 E 000199.400 950,000.00 Authoriz Signature VENDOR COPY .FORM #3 C I T Y OF A.request for a Purchase Order ASHLAND REQUISITION Date of request: 3/11/13 Required date for delivery: 3/15/13 Vendor Name Columbia Helicopters, Inc Address, City, State, Zip P. 0. Box 3500, Portland, OR 97208 Contact Name & Telephone Number Mike Moore (503) 678-1222 Fax Number 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 Dale approved by Council: Contract # ❑ VerbalNJritten 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 $100.00 0 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ® Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Agency ® Form #9,Request forApproval ❑ Less than $35,000, by direct appointment ® Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals attached Date approved by Council: 02119/13 (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: June 30t^ 2013 Description of SERVICES Total Cost Columbia Helicopters, Inc will provide wildfire fuels reduction for the Ashland Forest Resiliency Not to exceed $950 000 Project through cutting, helicopter timber harvesting and timber trucking services. mow- Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ® Per attached quote/proposal TOT u coi§T $950T000 Project Number 000199.400 Account Number 670.07.29.00.604160 s Account Number Account Number a '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 0 njing_this requisition form,.I certify that the City's public contracting requirements have been satisfied. Employee Signature:/G1/!__-~- _ Department Head Signature: Cif C~ ( (Equal to or grdater than $5,000) Additional signatures (if applicable): c r 3 1 L Za Funds appropriated for current fiscal year. / NO Finance Director- (Equaltoorgthan$5,000) Date Comments: Form #3 - Requisition