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HomeMy WebLinkAbout2024-020 Agrmt - Timberline Logging Enterpsies LLCGOODS AND SERVICES AGREEMENT (GREATER THAN $35,000) CONTRACTOR: Timberline Logging Enterprises, LLC CITY OF CONTACT: Brian Jorgenson -,SHLAND 20 East Main Street ADDRESS: 1926 INDUSTRIAL DR SANDPOINT, ID 83864 Ashland, Oregon 97520 Telephone: 541/488-5587 PHONE: (208) 263-5987 Fax: 541/488-6006 EMAIL: brian@timberlinehelicopters.com "This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Timberline Helicopters, Inc., a domestic/foreign business corporation (hereinafter "Contractor"). The purpose of this Agreement is to engage Contractor's services for tree cutting, helicopter logging, and log shipping. These services are intended to maintain and preserve the health of forestlands located on timber lands under the responsibility of the City. 1. CONTRACTOR'S OBLIGATIONS 1.1 Provide helicopter logging service including the cutting of trees designated by the City, helicopter removal of merchantable portions of trees per City's specifications, delivery to a designated scaling and milling site, and associated tasks and specifications as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Contractor expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension, of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Insurance carried by Contractor under this Contract shall be the primary coverage and non-contributory with any other insurance and self-insurance, and the Owner's insurance is excess and solely for damages or losses for which the Owner is responsible. The coverages indicated are minimums unless otherwise specified in the Contract Documents. 1.2.1 Contractor shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage from commencement of the Contract term to completion: $2,000,000. Per Occurrence Limit for multiple claimants from commencement of the Contract term to completion: $5,000,000. Property Damage: Per Occurrence Limit for any single claimant from commencement of the Contract term to completion: $2,000,000. Per Occurrence Limit for multiple claimants from commencement of the Contract term to completion: $5,000,000. 1.2.2 Workers' Compensation: All employers, including Contractor, that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. This shall include Employer's Liability Insurance with coverage limits of not less than $500,000 for each accident. Contractors who perform the Work without the assistance or labor of any employee need not obtain such coverage if the Contractor certifies so in writing. Contractor shall ensure that each of its Subcontractors complies with these requirements. The Page 1 of 6: Goods and Services Agreement between the City of Ashland and Timberline Helicopters, Inc Contractor shall require proof of such Workers' Compensation by receiving and keeping on file a certificate of insurance from each Subcontractor or anyone else directly employed by either the Contractor or its Subcontractors. 1.2.3 Logging and Lumbering Endorsement (Logger's Broad -Form): During the termof this Contract, Contractor shall obtain at Contractor's expense and keep in effect, Logging and Lumbering Endorsement (Logger's Broad -Form B) in the amount of $1,000,000. 1.2.4 Automobile Liability: Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this Contract, Automobile Liability Insurance covering owned, non- owned and/or hired vehicles, as applicable. The coverage may be written in combination with the Commercial General Liability Insurance. Contractor shall provide proof of insurance of not less than the amounts listed in the following schedules: Bodily Injury/Death Per Occurrence Limit for any single claimant From commencement of the Contract term to completion: $1,600,000. Per Occurrence Limit for multiple claimants from commencement of the Contract term to completion: $5,000,000. Property Damage: Per Occurrence Limit for any single claimant from commencement of the Contract term to completion: $1,000,000. Per Occurrence Limit for multiple claimants from commencement of the Contract term to completion: $500,000. 1.2.5 Aircraft Liability Aviation Coverage: During the term of this Contract, Contractor shall obtain at Contractor's expense and keep in effect, Aircraft Liability Aviation insurance on an all-risk form and with coverages including crew and passengers shall not be less than $10,000,000. 1.2.6 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Contractor shall immediately notify the City of any change in insurance coverage. • Contractor shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 Contractor agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Contractor. Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Contractor agrees not to discriminate against a disadvantaged business enterprise, minority -owned business, woman -owned business, a business that a service -disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.I 10. Page 2 of 6: Goods and Services Agreement between the City of Ashland and Timberline Helicopters, Inc 1.4 .In all solicitations either by competitive bidding or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractors of the Contractor's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.5 Living Wage Requirements: If the amount of this Agreement is $25,335.05 or more, Contractor is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Contractor is also required to post the notice attached hereto as "Exhibit A" predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Contractor the sum of up to $1,400,000 (one million four hundred thousand dollars) as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Contractor's total of all compensation and reimbursement under this Agreement exceed the sum of $1,400,000 without express, written approval from the City official whose signature appears below, or such official's successor in office. Contractor expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Contractor further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Contractor's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Contractor and is free to procure similar types of goods and services from other Contractors in its sole discretion. 3.2 Contractor is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Contractor is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. 3.4 Contractor shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 3.5 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. 3.6 This Agreement maybe amended only by written instrument executed with the same formalities as this Agreement. 3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 27913.235. Page 3 of 6: Goods and Services Agreement between the City of Ashland and Timberline Helicopters, Inc 3.8 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.9 Contractor shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, contractors, or agents under this Agreement. 3.10 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.11 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Contractor and the City set forth in this Agreement. 3.12 Deliveries will be F.O.B destination. Contractor shall pay all transportation and handling charges for the Goods. Contractor is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Contractor remains liable for latent defects, fraud, and warranties. 3.13 The City may inspect and test the Goods. The City may reject non -conforming Goods and require Contractor to correct them without charge or deliver them at a reduced price, as negotiated. If Contractor does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 3.14 Contractor represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor, material and manufacture. Contractor shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" CITY OF ASHLAND 2024 ADAPTATION PROJECT SPECIFICATIONS Project Area Map The Contractor's complete written Proposal and Bid dated March 2, 2024 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the Page 4 of 6: Goods and Services Agreement between the City of Ashland and Timberline Helicopters, Inc SUPPORTING DOCUMENTS, the several supporting documents shall be given precedence in the order listed in Article 4.1. 5. REMEDIES 5.1 In the event Contractor is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Contractor has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Contractor for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Contractor exceed the amount due, Contractor shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until June 300', 2024, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Contractor may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland — Fire and Rescue Department Attn: Chris Chambers 455 Siskiyou Boulevard Ashland, Oregon 97520 Phone: (541) 482-2770 With a copy to: City of Ashland — Legal Department 20 E. Main Street Page 5 of6: Goods and Services Agreement between the City of Ashland and Timberline Helicopters, Inc Ashland, Oregon 97520 Phone: (541) 488-5350 If to Contractor: Brian Jorgenson 1926 INDUSTRIAL DR SANDPOINT, ID 83864 (208) 263-5987 brian@timberlinehelicopters.com 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision, term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. 9. CONTRACTOR'S COMPLIANCE WITH TAX LAWS 9.1 Contractor represents and warrants to the City that: 9.1.1 Contractor shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Contractor; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Contractor further certifies that contractor is not in violation of any Oregon tax laws referenced in ORS 305.380(4). Page 6 of 6: Goods and Services Agreement between the City of Ashland and Timberline Helicopters, Inc EXHIBIT A CITY OF ASHLAND, OREGON City of Ashland LIVING WAG! For all hours worked under a service contract between their employer and the City of Ashland if the contract exceeds $25,33105 w more. For all hours worked in a month, 9 the employee spends 5N or more of the employee's time in that mw& working on a project or For additional information: per hour, effective June 30, 2023. The Living Wage is adjusted annually every June 30 by the Consumer Price Index.. portion of The business of their employer, if The employer has ten or mere emVloyees, and has received financial assistance for the prood or business kom the City of Ashland over $25;335.05; If their employer is the CC7y of Ashland, including the Parks and Recreation Department i In calculating the living wage, employers may add the value of health cane, retirement, 401K, and IRS eligible cafeteria plans (including childcare) benefds to the employee's amount of wages. Note: For temporary and part-time employees, the Living Wage does not apply to the first 1111110 hoes waked in any calendar year. For more details, please see Ashland Municipal Code Section 3.12.020_ Call the Ashland City Manager's office at 541488-6002 or write to the City Manager, City Hall, 2D East Main Street, Ashland, OR 97520, or visit the Clys website at www.ashland.or.us. Notice to Employers: This notice must be posted in areas where it can be seen by all employees. CITY OF -ASHLAND Page 8 of6: Goods and Services Agreement between the City of Ashland and Timberline Helicopters, Inc 9.2 Contractor's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Contractor's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: Sabrina Cotta, Interim City Manager Printed Name Date Purchase Order No. AP OVED AS TO FORM: sty Attorney o-7,S-2Vz� Date Timberline Logging Enterprises, LLC (CONTRACTOR): By: Signature Printed Name Title Date is to be submitted with this signed Agreement) Page 7 of6: Goods and Services Agreement between the City of Ashland and Timberline Helicopters, Inc 9.2 Contractor's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Contractor's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: By: -etta,J City Manager rr� n do K �?e fclvwa v� �G}y ✓�c6 ^ rmnclovt_ 6UMOLO- Printed Name L(17- 0 Z� Date Purchase Order No. APPROVED AS TO FORM: City Attorney Date Timberline Logging Enterprises, LLC (CONTRACTOR): By. I� - Signature Pri terf d Name l D ,-7 I Title Date is to be submitted with this signed Agreement) Page 7 of 6: Goods and Services Agreement between the City of Ashland and Timberline Helicopters, Inc CITY OF -ASHLAND CITY OF ASHLAND 2024 ADAPTATION PROJECT SPECIFICATIONS General Terms: City is the owner of the timber, estimated to be between 666,000 and 864,000 net board feet Scribner westside scale. The City desires to have Contractor helicopter log and transport to designated mill(s) all merchantable timber marked for removal. A project area map is included in this contract. 2. Operating Authority: Subject to Contractor's compliance with the terms and provisions of this agreement, Contractor is granted permission to enter upon the project area and remove the designated forest products upon the execution of this contract by the City. Contractor agrees to remove these forest products prior to June 30, 2024. 3. Agents: City: The rights and duties of the City under this contract will be exercised or discharged by City of Ashland Fire Chief Ralph Sartain or his designee. The Contracting Officer's representatives and field inspectors will be Chris Chambers and workers from Lomakatsi Restoration Project who will be designated by name to represent the City. Contractor: Contractor agrees to notify the City in writing of the name of a person who will be readily available at all times during logging operations and who shall be authorized to receive, on behalf of the Contractor any instructions given by the City in regard to performance under this contract. 4. Contractor's Duties: The Contractor shall cut, fly, load and haul the logs to the designated receiving mill. The Contractor shall buck logs into such sizes as the City and/or receiving mill specifies, however, that Contractor has the sole and exclusive right to determine all factors connected with the safety of the helicopter yarding operation, including the size of the logs to be hauled, the make-up of the loads to be yarded, and suitable weather conditions for yarding. Logs shall be processed to acceptable diameters and lengths by Contractor prior to delivery to receiving mill. Contractor shall commence logging operations as soon as weather and field conditions permit. If operations are suspended due to weather conditions, strike, fire, accident, breakdown, acts of God, or other causes wholly beyond the control of the Contractor, the period for completion shall be deemed extended for a like period of time, and Contractor shall not be held in breech of the contract for failure to perform. Contractor shall notify City's agent seven (7) days prior to commencing any logging activity and upon any completion of any logging activity. 5. City's Duties: The City shall be responsible for paying all severance and harvest taxes imposed on this timber sale. The City shall obtain all necessary permits for road use and pay any road use fees. The City shall provide, or arrange for the use of, suitable roads, log landings and helicopter service landings acceptable to the Contractor as stated in the ASHLAND FIRE & RESCUE 455 Siskiyou Boulevard Ashland. OR 97520 (541) 482-2770 • Fax (541) 488-5318 TTY:800-735-2900 PrIJIM&A PRFNIiD ON RECYCLED PAPER CITY OF -,SHLAND Logging Operations Plan (see #26 below). If rock is required on the road, the City shall pay the cost. If rock is required on log landings and service areas, the Contractor shall bear the cost. 6. The designated timber to be cut and removed by CONTRACTOR consists of all conifers with a ring of blue paint at dbh, with an associated butt mark of the same color. No paint, black paint or black paint over the original paint, indicates trees to be left uncut and standing. 7. Once work has commenced, it shall be completed by June 30th unless modified by prior written agreement of the parties. After June 30t' if agreed upon as provided above, no additional logging shall be done unless said period is extended by agreement of both parties. 8. CONTRACTOR shall give notice to the Oregon Department of Forestry as required before operations commence, shall comply with all regulations and orders of the Oregon Department of Forestry issued pursuant to the Oregon Forest Practices Act, and shall pay all fines imposed because of failure to comply, and shall otherwise comply with all local, state and federal rules, regulations, and laws governing the logging activity. 9. CONTRACTOR shall not be responsible for logging slash treatment, except for that at landings. All landing slash shall be piled in uniform piles free of dirt in such a manner so as piles can be safely burned. Location of piles will be determined by CITY prior to initiation of the yarding, and inspected as to construction and location by CITY before completion of activities. Burning of slash will follow all applicable regulations for safety and air quality. 10. All costs of logging, including timber falling, helicopter yarding, loading and hauling to purchasing mill, shall be paid for by CONTRACTOR, unless otherwise indicated in this contract. . 11. No new roads will be constructed. The CONTRACTOR will be responsible for repair of damage to roads, including bridges and culverts if due to overloading trucks, carelessness or negligence on the part of the CONTRACTOR, its employees, subcontractors and their employees. CITY will be responsible equally for road maintenance items including, but not limited to, brushing, grading and rocking either before or after the start of operations. CONTRACTOR shall not exceed speed of 10 MPH traveling up or down unpaved forest roads. Any proposed adjustment to speed limit will be presented to the CITY by the CONTRACTOR. CONTRACTOR shall take reasonable steps to avoid damage to any fences, utility lines and other property of the CITY and/or adjacent properties. CONTRACTOR shall be responsible for damage to any fences, utility lines and other property of the City and/or adjacent properties caused by CONTRACTOR's intentional conduct, recklessness and/or gross negligence and shall either repair such damage or pay CITY cost of contracted repair of such damage. ASHLAND FIRE & RESCUE 455 Siskiyou Boulevard Ashland. OR 97520 (541) 482-2770 • Fax (541) 488-5318 TTY:800-735-2900 PRINTED ON RECYCLED PAPER CITY OF -ASH LAN D 12. The timber cut pursuant to this sale shall be removed from the location of falling to the landing via helicopter. All logs will be yarded to landings agreed upon between CONTRACTOR and CITY, as indicated in the approved Logging Operations Plan. 13. This sale is primarily a commercial thinning sale, and CITY is highly concerned with the condition of the residual stand after logging and is therefore requiring CONTRACTOR to exercise extreme care to minimize the damage to the residual stand, including hardwoods 14 inches dbh and greater. Excessive damage will not be tolerated. Excessive damage is defined as any broken tops, major limbs or boles, or butt or bole scars one-third bole circumference or greater. 14. Timber to be removed has been carefully marked to facilitate removal that provides for a full payload whenever possible. All multiple log turns will be vertically lifted from a small enough radius to result in minimal damage to the residual forest, as described above. Logs to be yarded will be lifted vertically to a height above the adjacent retained trees before starting to return to the landing. 15. Material which meets the minimum length and diameter specified by the purchasing mill, and at least 40 percent sound, shall be considered merchantable and shall be yarded to the landing. Felled timber considered non -merchantable due to defect, as determined by CONTRACTOR and/or CITY, must be left in the woods. Any timber otherwise wasted by excessive breakage, careless falling, failure to buck properly, cutting of excessively high stumps, excessive long -butting, or any other wasteful utilization of timber or any timber which is abandoned in the form of merchantable logs or uncut trees, shall be assessed as damages and charged against CONTRACTOR at its stumpage value. CONTRACTOR will control the direction of fall of marked trees, including where necessary wedging, jacking, lining or other appropriate methods. Such felling will result in felling of trees away from stream courses in such a manner as to protect stream course and vegetation in any stream - side buffer strip. Felling shall be done in such a manner that all timber will fall into the sale area whenever possible. Stump heights shall not exceed 12 inches on the uphill side of the stump. Felling should be conducted in a manner that does not compromise the safety of the faller, as outlined in OR -OSHA Administrative rules Chapter 437, Division 7. Snags that are a safety hazard, as determined by CONTRACTOR, shall be felled and retained on -site. CONTRACTOR shall inform CITY of all such snags prior to falling. CITY may choose to retain marked trees in vicinity of snag as an alternative to falling snag for safety reasons. 16. Any other unmarked merchantable tree removed for safety reasons shall have an "X" cut into the stump for identification purposes and the CITY immediately informed of location of "X" tree. ASHLAND FIRE & RESCUE 455 Siskiyou Boulevard r`, Ashland. OR 97520 In (541) 482-2770 • Fax (541) 488-5318 TW 800-735-2900 PRIN I EO ON RECYCLED PAPER CITY OF -ASHLAND 17. Acceptable log manufacturing specifications of purchasing mill(s) will be given to CONTRACTOR prior to initiation of job, including minimum and maximum log manufacturing specifications. No logs longer than the longest acceptable log length shall leave the project area. Payment deductions imposed by the purchasing mill(s) as a result of a failure to meet acceptable log manufacturing specifications including, but not limited to, minimum length or diameters, cullout, utility cull, special cull, or peelable cull shall be solely the responsibility of the CONTRACTOR. Any penalty assessed by the receiving mill(s) based on insufficient percentage of log volume in "Long Logs" (as defined by the receiving mill(s)) will be shared equally by the CITY and CONTRACTOR. 18. Firewood use and/or cutting shall not be permitted. 19. Before removing any logs from the area herein above designated during the term herein, CONTRACTOR shall cause to have, the logs branded in a good and workmanlike manner with the "City of Ashland" log brand which shall be provided by the CITY. A minimum of 20% of the logs from the timber sale area decked on a truck, including all logs greater than 14 inches diameter inside bark small end shall be branded in accordance with Oregon law, provided CONTRACTOR shall only use the brand provided by the CITY. CONTRACTOR shall not have branding hammers on the timber sale area other than those provided by CITY in accordance with this section. A spot of orange paint shall be applied over each brand. 20. Removal of Equipment and Materials: It is understood and agreed that Contractor, upon completion of the requirements of this contract, is to promptly remove from the timber sale area and work location and other property owned or controlled by the City all equipment, materials, and other property Contractor has placed or caused to be placed that is not to become the property of the City. It is further understood and agreed that any such equipment, materials and other property that are not removed within 90 days after the day this contract terminates or within such longer time as may be agreed upon in writing between Contractor and City, shall become the property of City, at the option of City and may be used or otherwise disposed of by City without obligation to Contractor or any party to whom Contractor may transfer title. City, shall have the right to recover any costs incurred by City in removal of equipment and materials left by Contractor. Nothing in this section shall be construed as relieving Contractor from an obligation to clean up, remove, or dispose of debris, waste materials and such in accordance with other provisions of this contract. ASHLAND FIRE & RESCUE 455 Siskiyou Boulevard Ashland. OR 97520 /` 11 (541) 482-2770 • Fax (541) 48M318 TTY:800-735-2900 PRINTED ON RECYCLED PAPER C 1 T Y OF -ASH LAN D 21. Deductions from Payment: All volumes presented for payment and applicable rates will be based on scale tickets and summaries as provided and computed by the independent third party scaling bureau located at the receiving mill(s) to which logs are to be delivered. 22. Rate of Payment: Contractor will be paid hourly based on rates agreed to in the Contractor's proposal dated March 2, 2024. 23. No load shall leave the logging site without prior issuance of a scale ticket. Ticket shall indicate the CONTRACTOR, trucker, purchasing mill, brand, date and the time the load left the landing or agreed upon area. 24. Log Accountability: Contractor shall follow these steps to ensure accurate log accounting: • The Contractor shall plainly mark or otherwise identify products prior to hauling; • City will issue removal receipts to the Contractor; • The Contractor shall assign a competent individual at the landing to complete removal receipts and attach them to each load of products removed from sale area • Removal receipts shall be returned to the City at periodic intervals; • When products are in transit, the truck driver shall possess or display removal receipt and show it upon request as evidence of authority to move products; • The scaler's portion of removal receipt shall be surrendered at point of Scaling 25. Lost Loads: Contractor shall account for each and every serially numbered log load receipt, and shall pay damages to City for all receipts not accounted for by proof of scaling. Damages shall consist of full stumpage rate for each missing receipt on the basis of average value of the ten most valuable loads scaled from the project. "Hold Over" loads will be allowed with an agreed upon, secure location for loads to be delivered to the mill the following day. 26. Route of Haul: The City will identify the route of haul for transport of logs to the receiving mill. Drivers will observe 10 mph speed limit and exercise due regard for the safety of citizens, especially pedestrians and cyclists, traveling the haul route. The route of haul may be changed only with advance notice to, and approval by the City. 27. Logging Operations Plan: Contractor shall, prior to commencing any work, develop an Operations Plan for logging the timber sale area and related activities. The Operations Plan must be in writing and should include: • Sale contract number and name. • Approximate date project work will commence. • Approximate date logging operations will commence. ASHLAND FIRE & RESCUE 455 Siskiyou Boulevard=, Ashland. OR 97520 (541) 482-2770 • Fax (541) 488-5318 TTY: 800-735-2900 PRINTED ON RECYCLED PAPER C 1 T Y OF • Authorized representatives of Contractor and emergency contact -AS H L A N D information. • Portions of the required project work or logging operations to be subcontracted, if any, and the names of such subcontractors. • Location of landings and probable sequence of logging. • General description of the proposed logging operation. 28. The schedule of approximate starting dates and the sequence of logging may be subject to modification when necessitated by weather or other unpredictable circumstances, provided 29. Contractor gives reasonable notice to City. City shall furnish Contractor additional copies of suitable maps which Contractor shall use for showing locations of work specified in sections. 30. Equipment: Forest products harvested under this contract shall be removed by helicopter logging methods only, unless authority to use other equipment is granted, in writing, by City. 31. Streamcourse Protection: The Contractor's operations shall be conducted in such a way as to minimize damage to streamcourses, lakes and ponds. Streamcourses, lakes and ponds in or adjacent to the sale area shall be cleared of logs, chunks and debris deposited as a result of operations under this contract. Such material shall be removed and deposited above the high water mark. Except where designated by the City, no timber shall be felled across, or into streamcourses, and no yarding shall be permitted in, or through, such streamcourses, lakes and ponds as designated by the City unless permission to do so is granted in writing by the City. 32. Logging Release: The Contractor shall obtain a written logging release from the City when he has satisfactorily complied with all contract requirements. Upon issuance of the release, all cutting rights and rights to remove forest products terminate. 33. Erosion and Damage To Soil: During operations under this contract, including the use of landings, the Contractor shall take such precautions as necessary to minimize insofar as possible soil erosion and damage to the soil. Equipment will not be operated when ground conditions are such that excessive damage will result. A silt fence will be required along the streamcourse at the Siskiyou Mountain Park landing. 34. Pollution of Water: The Contractor shall exercise every necessary means to prevent contamination or pollution of the water of any stream courses, lakes or ponds as a result of any operation on the sale area. 35. Deleterious Material: All essential care shall be taken by the Contractor to prevent fuel, oil, grease or other deleterious material from entering the waters of any streamcourses, lakes or ponds as a result of any operation on the sale area. ASHLAND FIRE & RESCUE 455 Siskiyou Boulevard Ashland. OR 97520 /r (541) 482-2770 • Fax (541) 488-5318 TTY:800-735-2900 PRINTED ON RECYCLED PAPER CITY OF -ASHLAND All chainsaws shall be refueled on oil absorbent pads and all stationary equipment will be parked on oil absorbent padding. Refuse resulting from Contractor's use, servicing, repair or abandonment of his equipment shall be removed and disposed of. Contractor shall avoid servicing of yarders, loaders, tractors, trucks and similar pieces of equipment on City lands, to the extent possible in the project area. 36. Surveys and Markers: The City has located and marked, or otherwise designated all sale boundaries that abut City land. Contractor has gone over the boundary lines on the ground, knows where they are and agrees to confine his cutting to the forest products conveyed within such boundaries. 37. Preservation of Markers: Any legal land subdivision survey corners and witness objects are to be preserved. If such are destroyed or disturbed, the Contractor shall reestablish them by a licensed land surveyor in accordance with U.S. General Land Office standards at his own expense. Corners or witness objects that must necessarily be disturbed or destroyed in process of road construction must be adequately referenced and such references approved by the City prior to removal of any corners or witness objects. 38. Prevention and Suppression of Fire: City may, at any time during this contract or its extension, require Contractor to prepare a fire plan for the timber sale area. The plan shall set forth the measures to be taken by Contractor, and subcontractors of Contractor, for the prevention and suppression of fire on the timber sale area. The plan shall meet with the approval of City and may be revised from time to time as the parties may determine. All fire plans will meet the current and applicable Oregon Department of Forestry and U.S. Forest Service fire regulations. 39. Precautions Against Fire: It is recognized that the activities of Contractor under this contract may cause extraordinary fire risk on the timber sale area, therefore Contractor agrees to use the highest degree of care to prevent forest fires from starting on or from coming on the timber sale area; Contractor shall require the employees and contractors of Contractor, and the employees of such contractors, to do likewise. 40. Efforts on Fire: Should a fire occur on any part of the timber sale area, Contractor shall immediately take action on such fire by making every reasonable effort to fight, control and extinguish the fire, and Contractor shall require the employees and contractors of Contractor, and the employees of such contractors, to do likewise. Further, Contractor shall save harmless City from any and all loss, costs, damage and expense that City may, suffer as a result of any fire attributable to the operations of Contractor, employees ASHLAND FIRE & RESCUE 455 Sisk you Boulevard �`, Ashland. OR 97520 IF (541 ) 482-2770 • Fax (541 ) 488-5318 TTY:800-735-2900 PRINTED ON RECYCLED PAPER CITY OF ASH LAN D and sub -contractors of Contractor, and employees of such contractors. In no event shall the requirements of this section be construed as relieving Contractor of the duty and responsibility under Oregon law to fight, control and suppress fire on forest land; it is understood that the provisions of this section are, in part, in addition to any duty and responsibility required by law. Any fire shall be immediately reported to 9-1-1, which will provide other required notifications of fire response agencies. 41. Emergency Conditions -Suspension of Activities: The City shall have the authority to suspend, wholly or in part, the activities of Contractor and subcontractors of Contractor under this contract for such period or periods of time as City may deem necessary when due to a fire hazard emergency caused by climatic conditions or otherwise. ASHLAND FIRE & RESCUE 455 Siskiyou Boulevard Ashland. OR 97520 %all (541) 482-2770 • Fax (541) 488-5318 TTY:800-735-2900 PRINTED ON RECYCLED PAPER Bea Av r on i d _ o z � m OREGON ST Op Z Bea ° z or � 0 d y t y G H e e Rd C Ib rZ O � � p � P s Tr yt Tr A y O ^� 1,k Hig k Av eiv to n '... c i ER WONDER � Ti mb me Tr am se Ln o FE ON KNEE LL per' 0 ONDER \: r O O tl f m N j 1 p m SMP 5 9c � 9 dp e T y0� � O O� of Legend cFwsc T �� °1r Trails 2024 Project Area Reservoirs and Creeks City Streets � m A:: O TIMBERLINES \ EH LICOPTERS 1926 Industrial Drive Sandpoint, ID 83864 Phone:(208)-263-5987 Fax:(208)-263-7790 ICity of Ashland Attn: Chris Chambers 541-890-8816 LLhris.chambers@ashland.or.us HELICOPTER QUOTE 9' 3/2/2024 DESCRIPTION Kaman K-Max Helicopter - Per flight hour RATE 4,800.00 Timber Faller - Price per hour per faller 175.00 Trucking, Price per hour 165.00 Estimate of 180 -200 flight hours $864,000 - $960,000 Estimate of 200 - 240 mart hours to cut $35,000 - $42,000 Trucking cost estimate can not be given until mill destination is in place. Additional Terms and Conditions Note: This project may require flying over powerlines. Timberline will not be responsible for any damage that may occur during operations. Note 2: Timberline Helicopters will not be responsible for any damage to asphault or dirt roads by any THI equipment or trucks. CUSTOMER SIGNATURE: Mark 03/26/24 Date Signed: If you have any questions or concerns, please contact Brian Jorgenson, (208) 691-3123, brian@timberlinehelicopters.com, Damon Petracci, (541) 991-6641, dpetracci@timberlinehelicopters.com, or Tami Hutchison, (208) 597-2203, thutchison@timberlinehelicopters.com Thank you for considering Timberline Helicopters for your helicopter lift needs!