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HomeMy WebLinkAbout2013-063 Contract - Columbia Helicopters CITY OF _ CITY OF ASHLAND -ASH LAND CITY FORESTLANDS RESTORATION PROJECT PHASE III: WINRURN W PARCEL PROJECT HELICOPTER SERVICES 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 City Forestlands Restoration Project Phase III: Winburn Parcel Project Helicopter Services, Technical Specifications and/or Exhibits A through D, Appendix A, and Maps (hereinafter referred to as "Contract Documents") for its project entitled "City Forestlands Restoration Project Phase III: Winburn Parcel Project Helicopter Services" 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 fully 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 1Vlarch 7°i 2013' 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 Jtine.30`J', 2013 1 or before 98 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 filels 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 ,yr City of Ashland 7 at the date the Contract is signed and further acknowledges Contractor has read and fully 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 City Forestlands Restoration Project Phase III: Winbum Parcel Project Helicopter Services 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: $350,000 dollars at the rates submitted by the Contractor as referenced in Appendix A 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 City Forestlands Restoration Project Phase III: Winburn Parcel 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) CERT F CAT/[ON, AND SIGNATURE Business Name (please print (a4 n.j,;y tl~'ta6TvTS rn c Contact Name: v .r /Woo"-A- Phone a X78'-IZ)-1- Fax: 563-67?-5Sy/ Address: -Po. IRox ?,SOe ~c✓ Of g7L68 Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License # Lo /3 Construction Contractors Board # Citizenship: Nonresident alien Yes No Business Designation (check one): Individual Sole Proprietorship - Partnership _c Corporation Govemment/Nonprotit 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 City of Ashland 2 above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. I, the undersigned, understand that the General Conditions Contract For Ashland Forest Resiliency Project Helicopter Services February 2013 together with Exhibits A through G 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/ ny 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 1 am an independent contractor as defined in ORS 670.600. Signed by Contra or: S~ 'ei~ S 3-7' Si nature/ rtle Date Printed Name: d,4"I Z &//oor~ 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 as well as City Finance and Legal Department representatives. CITY OF ASHLAND SIGNATURE Approved: C~ 3-1 l- ! 3 City of Ashland Date Reviewed: Approved as to form, City Attorney pry of Ashland 3 I 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: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. _ (2) Commercial advertising or business cards or a trade association membership are purchased for the business. h~ (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission ii/nns//~suurance or liability insurance relating to the labor or services to be provided. I,~ d bee, Date ' 7 ( 3 By: (Print Name) Contractor City of Ashland 4 CITY OF ASHLANI), OREGON City of Ashland LIVING employers ALL below s WAGE of Ashland laws regulating M payment of a living wage. . per hour, effective June 30, 2012. ® The Living Wage is adjusted annually every June 30 by the Consumer Price Index. - , - - of business of their employer, cafeteria plans (including if the employer has ten or childcare) benefits to the more employees, and has amount of wages received by received financial assistance the employee. ➢ For all hours worked under a for the project or business from the City of Ashland in ➢ Note: "Employee" does not service contract between their excess of $19,494. include temporary or part-time employer and the City of employees hired for less than Ashland if the contract ➢ If their employer is the City of 1040 hours in any twelve- exceeds $19,494 or more. Ashland, including the Parks month period. For more ➢ hours worked in a and Recreation Department. details on applicability of this For month all hours employee spends policy, please see Ashland month or more of the ➢ In calculating the living wage, Municipal Code Section 's time that month employers may add the value 3.12.020. employee of health working on a project or portion care, retirement, 401K 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. CITY OF ASHLAND CIVASURETY Performance Bond Bond Number: 929559030 KNOW ALL MEN BY THESE PRESENTS: That we, Columbia Helicopters Inc., PO Box 3560, 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 of the State of Pennsylvania and 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 Surety, are held and firmly bound unto City of Ashland _ 20 E. Main, Ashland Oregon 97520 (hereinafter called Obligee) in the just and full sum of Sixty-Seven Thousand and No/100 Dollars (S $67,000.00 ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves a our an each 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 City Forestlands Restoration Project Phase III: Winbum Parcel 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 requirements of said contract, then the above obligation to be void, otherwise to 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 W ITN ESS 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, Inc. incipal (SEAL) By: • Peter M. Lan Exe utive V.P. Re CoAineintal&Ojradce orr an Su ty (SEAL) Byi 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 Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authori7ed officer of the insurance company and all the acts of said Attorney, pursuant to the 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 of Jacgut a M. eicastro Senior Vice President State of Illinois, County of Cook, ss: On this 29th day of September, 2009, before me personally came Jacquelyn M. Belcastro to me known, who, being by me duly mom, did depose and say: that she resides in the City of Chicago, State of Illinois; that she is a Senior Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described 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 corporate seal; that it was so affixed. pursuant to authority given by the Board of Directors of said insurance company and that she signed her name thereto pursuant to like authority, and acknowledges same to be the set and deed of said insurance company. OFFCKUX EUMPRIM tMalaltla araalaatsna tavat®eririis My Commission Farpires September 17, 2013 Elva P~F c'e 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 hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 11th day of March 2013 yjs The Continental Insurance Company t -4 •Q~t Mary A. iks kis Assistant Secretary Form F6850-5/2009 Client#: 129672 COLUHELI ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE201201YYYY) 1212012012 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: Propel Insurance PHONE g00 499-0933 A/ C No 666 577-1326 A/C No Salem Commercial Insurance EN : E-MAIL 3220 State Street Suite 130 ADDRESS: INSURER(S AFFORDING COVERAGE NAIC# Salem, OR 97301 INSURER A: Liberty Northwest Insurance Cor INSURED Columbia Helicopters Inc INSURER B: INSURER C: PO Box 3500 Portland, OR 97208 INSURER O: 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 CONTRACTOR 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. LTRR TYPE OF INSURANCE AODLSUB POLICY EFF POLICY EXP INSIR WV POLICY NUMBER MWDNYVYY MWD LIMITS GENERAL LIABILITY r EACH OCCURRENCE E COMMERCIAL GENERAL LIABILITY PREMISES EaEONCCV ante E CLAIMS-MADE OCCUR MEDEXP(Anyoneperson) $ PERSONAL S ADV INJURY S GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG S POUCV PRO- F T LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ee accident ANY AUTO BODILY INJURY (Per Person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per ecddent) S HIREDAUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ E UMBRELLA UAB OCCUR ! EACH OCCURRENCE $ EXCESS LIAR - IrG - CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ A WORKERS COMPENSATION WC4IN0002712073 01/01/2013 01/01/201x WC STATU- X OTH- AND EMPLOYERS' LIABILITY NY2ROBRIETORIPARTNEB/EXECIJTtVEr~- E.L:EACtl ACCIDENY--- OFFICERNEMBEREXCLUDED? u NI $1000000 A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 It yes, describe under DESCRIPTION OF OPERATIONS W. E.L. !DISEASE - POLICY LIMIT $1000000 DESCRIPTION OF OPERATIONS/ LOCATIONSI VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Proof of Coverage - OR-CA-AK-MT-ID CERTIFICATE HOLDER CANCELLATION City of Ashla N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION A THEREOF, WILL BE DELIVERED IN Hall ACCORDANCE WITH THE POLICY PROVISIONS. 20 E Main St Ashland, OR AUTHORIZED REPRESENTATIVE JAN - 4 2013 -A--v 1. © 1988.2010 ACORD CORPORATION. All rights reserved. ACORD25 (2010/g5) -1.1 of 1 The ACORD name and logo are gistered marks of ACORD _ #S1053567/M105354 TDG00 I i m A m CD C) CD CD 0 N 04 CD Q' `D 000 y !CD W CD try' ~C rA . r o7 -10 C: p ❑ O CD w .Py zw- m rE (D 0) E; C) U) ~m b Q E w n 0 m* DN n W O r O m m A O D G P. - M Z Z 1 N O 'gyp O O Z '(D Cu .may z A o i mzoD C~ w o w r C) ° D °z D w p <mD G. ° b 9 ° cZ C O o Z m~ t O ti' N m c'q A N m co O O CD ~j Y, N V) rri `-r o CD .p r. 6) CD CD CD RN 0 N ? ~ O N -C G CA V co p, g r' m N I F`. O v O ° O A --I C) m m O O - Z -i n A (D Z c W mr 'TA CCp z ~ l K fn m ° > Q n v z 'c7 zo C m N m G Z A CD AP IWA F, n m o j m i i DATE (MMIO0IYYYYI AL°RO CERTIFICATE OF AVIATION LIABILITY INSURANCE 08103/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 1 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED t REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(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). vlTOOUCSa CANEACT Drew Johnston or Cheryl Turner Aon Risk Solutions, Inc. AAtG y,, ES. 316.941.1553 or 316.941.1519 ac NP : 847.953.3457 245 N. Waco, Suite 420 noI rtlESS: drew.johnston@aon.com or Cheryl.turner@aon.com W _ KS 67202 PRODUCER lchaa , INSURERS AFFORDING COVERAGE % NAIL N INSURED INSURER A: Underwriters at Lloyd's of London and l Columbia Helicopters, Inc. INSURER B: various companies. and all Affiliated Subsidiaries as now or hereinafter constituted INSURER C: INSURER O: P.O. Box 3500 Portland, OR 97208 INSURER E: INSURER F : j 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 l CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, t 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 DATE EXPIRATION DATE ADDITIONAL INSURED? (YIN) SUBROGATION WAIVEDi IYIN) AM1200401 05/01/2012 05/01/2013 Y N COVERAGE OPTIONS LIMIT APPLIES TO LIMIT APPLIES TO BI EA PER $ PD IS PREMISES LIABILITY $ 10,000,000 EA DCc PREMISES MEDICAL PAYMENTS $ EA PER $ EA OGG RI EA PER $ 10,000,000 AGGR SALE OF FUEL a OIL $ PRODUCTS LIABILITY EXTENDED $ 10,000,000 EA OCC COMPLETED EXTENDED $ BI EA PER $ AGGR OPERATIONS $ UABILnY FA OGG HANGARKEEPERS INCLUDING TAXI $ EA AIRCRAFT $ P EA OCC LEGAL WIBIUTY IN FLIGHT FIRE LEGAL LIABILITY $ ANY ONE FIRE PERSONAL INJURY UABILM $ EA OCL $ 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 $ $ i $ $ Is S DESCRIPTION OF OPERATIONS / REMARKS Attach ACORD 101, 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 l I 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 AUTHORRED REPRESENTATIVE City Hall - 20 E. Main Street Ashland, OR 97520 11.1i © 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? (Y IN) SUBROGATION WAIVED? (YI NI COVERAGE OPTIONS LIMIT APPLIES TO LIMIT APPLIES TO HANGARKEEPERS INCLUDINGTAXI EA AIRCRAFT $ EA OCC LEGAL LIABILITY IN FLIGHT ~ $ COVERAGE CODE DESCRIPTION OPTIONS LIMIT APPLIESTO LIMIT APPLIES TO $ $ $ $ ..AVIATION, PRODUCTS .LIABILIT.Y. COVERAGES INSURER LETTER POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ADDITIONAL INSURED? (YIN) SUBROGATION WAIVED? (YIN) COVERAGE OPTIONS LIMIT APPLIESTO LIMIT APPLIESTO INCL COMP OPS INCL SPACECRAFT, PRODUCTS LIABILITY $ FA OCC $ AGGR EXCL COMP OPG EXCL SPACECRAFT GROUNDING LIABILITY $ EA OGG $ - AGGR FOREIGN MILITARY AIRCRAFT PRODUCTS INCLUDED COVERAGE CODE DESCRIPTION OPTIONS LIMIT APPLIES TO LIMIT APPLIES TO $ $ Is $ OTHER COVERAGES LINE OF BUSINESS INSURER LETTER POUCYNUMBER EFFECTIVE DATE EXPIRATION DATE ADDITIONAL INSURED? (Y I N) SUBROGATION WAIVED? (YIN) COVERAGE CODE DESCRIPTION OPTIONS LIMIT APPLIES TO LIMIT APPLIES TO $ $ $ $ $ $ $ $ $ $ $ $ $ $ S $ H $ $ $ $ $ $ $ $ OTHER COVERAGES LINE OF BUSINESS INSURER LETTER POLICYNUMSER EFFECTIVE DATE EXPIRATION DATE ADDITIONAL INSURED? (Y I N) SUBROGATION WANED? (YIN) COVERAGE CODE DESCRIPTION OPTIONS LIMIT APPLESTO LIMIT APPLIES TO $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ACORD 20 (2009112) DATE (MMIDDIYYYY) ncorzr, CERTIFICATE OF LIABILITY INSURANCE 0810312012 THIS CERTIFICATE 15 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: Allison Kruege Add Risk Insurance SelYices West, Inc. PHONE(AIC, No, Ext): 5033062347 FAX(AIC,No): 503295OM3 851 SW 6"' Avenue, Suite 385 EMAILADDRESS: I llur11and,OR 97201 INSURERS AFFORDING COVERAGE 11111 INSURED INSURER A: American States Insurance Company j Columbia Helicopters, Inc. INSURER B: Allied World National Assurance Co. P. O. Box 3500 INSURER C: Portland, OR 97208 INSURER D: INSURER E: INSURER F: 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. j INS ADDL SUER POLICY EFFECTIVE POLICY EXPIRATION LTR TYPEOFINSURANCE INSR MNO POLICY NUMBER DATE IMMIDDNYI DAM(MMIDDIM LIMITS A GENERAL LIABILITY 02CD15315500 WM1112 05,01113 EACH OCCURRENCE s1,O mo X COMMEROAL GENERAL LIABILITY DAMAGE TO RENTED 51,000,000 PREMISES (Ea occurrence) CLAIMS MADE X❑ OCCUR MEDEXP(Anyoneperson) sleo 0 % Ind. Loggers PO It CoNactual Ueb1ty. PERSONAL a ADV INJURY S1,000,OW GENERAL AGGREGATE 52,000,000 GENERAL AGGREGATE LIMITAPPLIES PER: - PRODUCTS - COMPIOP AGG $2,000,000 POLICY PROJECT LOG AUTOMOSILEUABIUTY OICG357531-00 MM1112 05101113 COMBINED SINGLE LIMIT 51,000,000 A X ANY AUTO (Ea Accident) % ALL OWNED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS BODILY INJURY (Per acciderl) X HIRED AUTOS PROPERTY DAMAGE X NONOWNEDAUTOS tperecculen0 B % UMBRELLA UAB % OCCUR 03056044 06101/12 DEAHM3 EACH OCCURRENCE 54,000,006 EXCESS LIAR ClAIM5+AA0E AGGREGATE 54,000,060 DEDUCTIBLE RETENTION s WORKERS' COMPENSATION WCSTATll 0TH AND EMPLOYERS'UABILITY YIN TORY UMITSER ANY PROPRIETOR/PARTNEWEXECUTNE EL EACH ACCIDENT OFFICERJMEMBER EXCLUDED? (Mandatory In NH) EL DISEASE-EA EMPLOYEE If yes, describe under EL DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONSILOCATIONSI VEHICLES (AdaCh ACORD 101, Additional Remarks Schedde, If more space Is required) 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 I 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 SHOULDANY OFTHEABOVE DESCRIBED POUCIESBECANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E. Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE i ,4oe ,2r44 9.ww ec .5cu,& d %edt. Sec. 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD , I r- CITY OF FORM #9 AS H LAN D SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: John Karns and Chris Chambers, Ashland Fire & Rescue Date: February 12, 2013 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, 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: 6/15/2013 5. Total Estimated Cost: Up to $335,000 6. Short title of the Procurement: City Forestlands Restoration Project Phase III: Winbum Parcel 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 City Council approved plan (2009) titled "City Forestland Restoration Project Phase III: Winbum Parcel. 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's Winbum restoration project has not been implemented to date due to financial limitations. The combination of a favorable market, grant funding through The Nature Conservancy, and the adjacent Ashland Forest Resiliency (AFR) helicopter forest thinning work present a unique opportunity for the City to accomplish this important forest health and fire hazard reduction proiect without additional City funding, Form #9 - Special Procurement - Request for Approval, Page 1 of 3, 2113/2013 -~r Proposed procedure: If City Council authorizes the Special Procurement, and upon expiration of the waiting period we expect to begin cutting operations in early March and helicopter yarding in April depending on helicopter availability. 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 RFP and implementing phase one of AFR proiect helicopter work in the city's watershed, is now familiar with the intricacies of working with City staff and the community. Columbia has successfully interfaced with the public, met very specific requirements for resource protection, and established a working relationship with City staff in a complicated and dynamic environment. In tandem with the associated Special Procurement for similar services in the AFR proiect phase two, there is a unique opportunity to pair the Winbum project with a larger adjacent project. 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. Without the work already completed by Columbia Helicopters as a result of a competitive bidding process, the City would not have this opportunity to move ahead on two critical proiects at once. There was only one additional bidder in the original RFP process in 2012. (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 combination of a larger contract for the adjacent and simultaneous AFR project work with the smaller Winburn Proiect creates a cost savings to the City by spreading fixed costs over a larger volume of work. Offered on its own, the Winbum Project is a relatively small volume of work and with long flight distances would leave the City with few opportunities to get theWinbum Project completed without taking on much of the cost with City funds. (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 27913.055, 27913.060, 279B.065, or 279B.070, or any rules adopted thereunder because: With AFR 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's 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 #9 - Special Procurement - Request for Approval, Page 2 of 3, 2113/2013 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`h, 2013 PUBLIC NOTICE Approval of a Special Procurement First date of publication: February 20'h, 2013 (ifapproved by Council on February 191) 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'h, 2013 Services to be provided are cutting and helicopter removal of excess trees from the City's Winburn Parcel and including transportation to a local millingfacility to be chosen by the City. This is a Contract-specific special procurement. The City intends to award the contract directly to Columbia Helicopters, Inc. Cost is not to exceed $335, 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 279B.055, 27913.060, 279B.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 27", 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 - Special Procurement- Request for Approval, Page 3 of 3, 2113/2013 City of Ashland, Oregon - Agendas And Minutes Page 1 of 4 ~maw~029 • s I ff r ` Back T • t Y City of Ashland. Oregon / CIN Council City Council - Minutes Tuesday, February 19, 2013 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 19, 2013 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor called the order at 7:00 p.m. Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, 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 & 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 ohs 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 Calls Guanajuato 7. Approval of a special procurement for phase #2 of the Calls Guanajuato resurfacing project 8. 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 to the Public Arts Commission 12. Consent to Legal Representation by David Lohman on Mt. 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 three-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 client 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 clarified 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, prescribed burning on City of Ashland foresdands, and fuels reduction in Siskiyou 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.ashiand.or.us/Agendas.asp?Display=Minutes&AMID=5197 3/11/2013 r _ Page 1 / 1 CITY OF CITY RECO E91 ASHLAND DATE PO NUMBER 20 E MAIN ST. 3/18/2013 11489 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 - Quantity Unit Description - Unit Price ExL Price Forestry services for the City 335,000.00 Forestlands Restoration Project Phase lll; Winburn project through cutting, helicopter timber harvesting and timber trucking services. Contract effective on March 7, 2013 Completion date June 30, 2013 SUBTOTAL 335 000.00 BILL: TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 335,000.00 ASHLAND, OR 97520 'Account Number ' Project Number Amount Account Number Project Number Amount, E 670.07.29.00.60416 E 000285.400 335 000.00 Author' ed Signature VENDOR COPY F0 RM#3 CITY 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 413, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file), ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ VerballWrilten quote(s) or proposal(s) ❑ Stale of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5.000 to $100.000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ® Special Procurement Intergovernmental Agreement $5,000 to $75,000 ® Form #9, Request for Approval ❑ Agency ❑ 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 300, 2013 Description of SERVICES Total Cost Columbia Helicopters, Inc will provide forestry services for the City Forestiands Restoration Project Phase III: Winbum Project through cutting, helicopter timber harvesting and timber trucking Not to exceed $335;000 services. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost T.OTAL'.COST.. ® Per attached quotelproposal $335,000 'roject Number 000285.400 Account Number 670.07.29.00.604160 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITDirector Date Support -Yes/No By signing this requisition form, I certify that the City's public contracting requi ements have bgen satisfied. 1 Employee Signature: Department Head Signature: hi 4 ([Aual to or greater than $5,000) Additional signatures (if applicable): C~c"-e Funds appropriated for current fiscal year., / NO Finance Director-(Equal to orgreaf.rthan $5,000) Date Comments: Form #3 - Requisition