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HomeMy WebLinkAbout2004-065 Contract - Superior Helicopter CONTRACT Contractor services contract made on the date specified below in Recital A between the City and Contractor as follows: Recitals: A. The following information applies to this contract: CITY: CITY OF ASHLAND City Hall 20 E. Main St. Ashland, Oregon 97520 (541) 488-6002 FAX: (541) 488-5311 Date of this agreement: 3/05/2004 Contractor: Address: Telephone: FAX: SUPERIOR HELICOPTER LLC 2794 FOOTHILL BLVD GRANTS PASS, OR 97526 (541) 832-1167 (541) 832-1184 ¶ B: RFP date: 1/07/2004 Proposal date: 2/09/2004 3.2. Contracting officer: Keith E. Woodley, Fire Chief 2.4. Project: Ashland Forest Lands Restoration Project 7.1. Contractor's representative: Carson Johnson, Timbersale Operations Manager 9.3. Maximum contract amount: Not to exceed $350,000.00 B. On the date noted above, City issued a request for proposals (RFP) for work needed by City for the project described above. Contractor submitted a proposal in response to the RFP on the date noted above. C. After reviewing Contractor's proposal and proposals submitted by other offerors, City selected Contractor to provide the services covered by the RFP. City and Contractor agree as follows: 1. Relationship of Contract Documents: In response to the RFP, Contractor submitted a proposal which included a letter of transmittal setting forth the scope of services. The Operations Plan will be submitted for City approval as agreed upon. Except as provided in paragraph 1.1, i/In the event of any inconsistencies in the terms of this contract, the RFP or the Contractor's proposal, this contract shall take precedence over the RFP which shall take precedence over the proposal. 1.1. Exceptions: 2. Relationship between City and Contractor: Contractor accepts the relationship of trust and confidence established between Contractor and City by this contract. Contractor covenants with the City to perform services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals of Contractor's caliber in the locality of the project. Contractor further covenants to cooperate with City, City's representatives, PAGE 1-CONTRACT contractors, and other interested parties in furthering the interests of City with respect to the project. 3. Definitions: Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the construction industry, unless the context clearly indicates otherwise. As used in this contract: 3.1 . "City" means the City of Ashland, Oregon. 3.2 . "Contracting officer" means the person specified in Recital A above or that person's designee. 3.3 . "Project" means the project described in Recital A. 3.4 . '~/Vork" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, and other services and products which Contractor is required to provide under this contract. 4. Term: The term of this contract shall commence on the date specified in Recital A above and end on completion of all services required by this contract unless sooner terminated as provided in this contract. 5. Authority of Contractinq Officer: The contracting officer shall have the authority to act on behalf of City in the administration and interpretation of this contract. The contracting officer shall have complete authority to authorize services, transmit instructions, receive information, interpret and define City's policies and make other decisions with respect to Contractor's services. 6. Services: Contractor shall provide services to City that are described in the RFP and the proposal. 6.1 . In connection with the services described in the RFP, Contractor shall: 6.1.1 . Consult appropriate representatives of City to clarify and define City's requirements relative to the services. 6.1.2 . Review available data relative to the services. 6.1.3 . Identify data which is not available and is needed to fulfill the services, and act as City's representative in obtaining such data. 6.1.4 . Prepare monthly progress reports to the contracting Officer on the status of services. 6.2 . Contractor shall commence performance of services within five days after receiving written authorization from the contracting officer for work described in the RFP. Contractor shall perform the services as expeditiously as is consistent with professional skill and care and the orderly progress of the project. Upon request of City, Contractor shall submit for City's approval, a schedule for the performance of work elements described in the RFP. Each schedule shall include allowance for periods of time required for City's review and approval of Contractor's services. Each schedule, approved by City, shall become a part of this contract. 6.3 . Contractor shall perform the services as an independent contractor in accordance with generally accepted standards in Contractor's profession. Contractor shall be responsible for the professional quality, technical accuracy and the coordination of all services performed by Contractor. Contractor shall, without additional compensation, correct or revise any error or PAGE 2-CONTRACT deficiencies in the services that are caused by Contractor's negligence. City's review, approval, acceptance of, or payment for, any of the services shall not be construed to waive any of City's rights under this contract or of any cause of action arising out of Contractor's services. In the event of any breach of this contract by Contractor or negligent performance of any of the services, City's cause of action against Contractor shall not be deemed to accrue until City discovers such breach or negligence, or should have, with reasonable diligence, discovered such breach or negligence. The preceding sentence shall not be construed, however, to allow City to prosecute an action against Contractor beyond the maximum time limitation provided by Oregon law. 7. Assi.qnment of Contractor's Personnel: 7.1 . The services covered by this contract shall be rendered by, or under the supervision of the person specified in Recital A above, who shall act as Contractor's representative in all communications and transactions with City. 7.2 . Contractor will endeavor to honor reasonable specific requests of City with regard to assignment of Contractor's employees to perform services if the requests are consistent with sound business and professional practices. 8. Responsibilities of City: 8.1 . City will cooperate fully with Contractor to achieve the objectives of this contract. 8.2 . City will provide information, documents, materials and services that are within the possession or control of City and are required by Contractor for performance of the services. 8.3 . City will arrange for access to, and make all provisions for Contractor to enter upon, public and private property as required for Contractor to perform the services. 8.4 . City will provide all permits necessary for completion of the project. 8.5 . The contracting officer will act as liaison between City, Contractor, public agencies, and others involved in the project. 9. Payment: 9.1 . City shall pay Contractor for services and reimburse Contractor for expenses incurred by Contractor in performance of services in accordance with a payment schedule to be submitted by Contractor and accepted by City. No reimbursement will be made for expenses that are not specifically itemized in this payment schedule without prior approval by the contracting officer. 9.2 . City shall issue payment to Contractor for Contractor's services within five working days of City's receipt of receiving mill payments and scaling tickets showing log volume received at mill. 9.3 . Total payments under this contract or any amendments shall not exceed the sum specified in Recital A above. PAGE 3-CONTRACT 10. Compliance with Law: 10.1 . This contract will be governed by and construed in accordance with laws of the State of Oregon. Contractor shall promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City and city governments with respect to the services including, but not limited to, provisions of ORS 279.312, 279.314, 279.316 and 279.320. 10.2 . Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to commencing any work, Contractor shall certify to City that Contractor has workers' compensation coverage required by ORS Chapter 656. If Contractor is a carrier insured employer, Contractor shall provide City with a certificate of insurance. If Contractor is a self-insured employer, Contractor shall provide City with a certification from the Oregon Department of Insurance and Finance as evidence of Contractor's status. 11. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. To the extent permitted by law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify and hold harmless Contractor, its Contractors, agents and employees against all damages, claims, expenses and losses arising out of any reuse of plans, specifications and other documents prepared by Contractor without prior written authorization of Contractor. 12. Records: 12.1 . Contractor shall develop and maintain complete books of account and other records on the services which are adequate for evaluating Contractor's performance. Contractor shall maintain records in such a manner as to provide a clear distinction between the expenditures and revenues related to the project and the expenditures and revenues related to Contractor's other business. 12.2 . Contractor's books and records shall be made available for inspection by City at reasonable times, to verify Contractor's compliance with this contract. City shall have the right to request an audit of Contractor's books and records by a certified public accountant retained by City. 13. Indemnification: Contractor shall defend, indemnify and save City, its officers, agents, and employees harmless from any and all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including injury resulting in death,) or damage to property (including loss or destruction), of whatsoever nature arising out of or incident to the negligent performance of this contract by Contractor (including but not limited to, the negligent acts or omissions of Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any claims, actions, costs, judgments, damages or other expenses, directly and proximately caused by the negligence of City. 14. Insurance: 14.1 . Contractor shall, at its own expense, at all times during the term of this contract, maintain in force: PAGE 4-CONTRACT 14.1.1 . A comprehensive general liability policy including coverage for contractual liability for obligations assumed under this contract, blanket contractual liability, products and completed operations and owner's and contractor's protective insurance; 14.1.2 . A comprehensive automobile liability policy including owned and non- owned automobiles. 14.2 . The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made under the Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 14.3 . Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be acceptable, except for the coverage required by subsection 14.2. 14.4 . Certificates of insurance acceptable to the City shall be filed with City prior to the commencement of any work by Contractor. Each certificate shall state that coverage afforded under the policy cannot be cancelled or reduced in coverage cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. 15. Default: 15.1 . There shall be a default under this contract if either party fails to perform any act or obligation required by this contract within ten days after the other party gives written notice specifying the nature of the breach with reasonable particularity. If the breach specified in the notice is of such a nature that it cannot be completely cured within the ten day period, no default shall occur if the party receiving the notice begins performance of the act or obligation within the ten day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 15.2 . Notwithstanding subsection 15.1, either party may declare a default by written notice to the other party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract. 15.3 . If a default occurs, the party injured by the default may elect to terminate this contract and pursue any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative. 15.4 . Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon for Jackson County. 16. Termination without Cause: 16.1 . In addition to the right to terminate this contract under subsection 15.3, City may terminate by giving Contractor written notice sixty days prior to the termination date. 16.2 . In addition to the right to terminate this contract under subsection 15.3, Contractor may complete such analyses and records as may be necessary to place its files in order and, where PAGE 5-CONTRACT onsidered necessary to protect its professional reputation, to complete a report on the services performed to date of termination. 16.3 . If City terminates the contract under subsection 16.2, Contractor shall be paid for all fees earned and costs incurred prior to the termination date. Contractor shall not be entitled to compensation for lost profits. 17. Notices: Any notice required to be given under this contract or any notice required to be given by law shall be in writing and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law. 17.1 . Notices to City shall be addressed to the contracting officer at the address provided for the City in Recital A above. 17.2 . Notices to Contractor shall be addressed to the Contractor's representative at the address provided for the Contractor in Recital A above. 18. Assignment: City and Contractor and the respective successors, administrators, assigns and legal representatives of each are bound by this contract to the other party and to the partners, successors, administrators, assigns and legal representatives of the other party. Contractor shall not assign or subcontract Contractor's rights or obligations under this contract without prior written consent of City. Except as stated in this section, nothing in this contract shall be construed to give any rights or benefits to anyone other than City and Contractor. 19. Modification: No modification of this contract shall be valid unless in writing and signed by the parties. Contractor ~_~ Fed. ID# c~~ iiq-~lO City REVIEW,~.~,D ,~S TO CONTENT BY City Dei3,,~rtment Head Date: ~,5-/~'~7/ REVIE~E,~.AS TO FORM By City~l~al Counsel Date: PAGE 6-CONTRACT City of Ashland LIVING For all hours worked under a service contract between their employer and the City of Ashland if the contract exceeds $15,713 or more. For all hours worked in a month if the employee spends 50% or more of the employee's time in that month . working on a project or portion of business of their employer, if the employer has ten or more employees, and has received financial assistance for the project or business from the City of Ashland in excess of $15,713. If their employer is the City of Ashland including the Parks and Recreation Department. In calculating the living wage, employers may add the value of health care, retirement, 401K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the employee. 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 will be seen by all employees. PAGE 4-REQUEST FOR PROPOSALS (Ashland Forest Lands Restoration Project RF ir.,, ! T Y O F -ASHLAND CITY OF ASHLAND FOREST LANDS RESTORATION PROJECT SPECIAL CONTRACT PROVISIONS This logging contract is made this 5th day of March, 2004, by the City of Ashland, Oregon ("City") and Superior Helicopter LLC. ("Contractor"). General Terms: City is the owner of the timber, estimated to be 400,000 to 500,000 board feet and desires to have Contractor helicopter log and transport to the designated mill all merchantable timber marked for removal. A project area map is included in Exhibit "A" of this contract. Volume Estimates: The volumes of timber set out in the preceding paragraph are estimates only. The City by making such estimates neither warrants nor limits the volume of timber conveyed under the terms of this contract. Project Area: The project area comprises 183 acres, within the 486 acres of the lower portion of the City of Ashland ownership (see map, exhibit "A") The project area lies outside of the 100 ft riparian management area of Ashland Creek. 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 forest products described in Exhibit "A" upon the execution of this contract by the City. Contractor agrees to remove these forest products prior to June 15, 2004. Agents: City: The rights and duties of the City under this contract will be exercised or discharged by City of Ashland Fire Chief Keith E. Woodley. Project monitoring for the City of Ashland will be performed by Consulting Forester Marty Main. 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. Extension of Time: An extension of the time of this contract may be made by the City at the discretion of City only upon written request from Contractor accompanied by the written consent of the receiving mill; such extension may be granted only upon a showing by Contractor that the failure to perform this contract within the specified period was due to causes beyond the control of the Contractor and without fault or negligence of Contractor. The written request must be received not later than thirty (30) days prior to the expiration date of this contract, but not earlier than ninety (90) days; such request shall state the date to which the extension is desired and shall describe the conditions which have PAGE 1-Special Contract Provisions March 5, 2004 operated to prevent purchaser from completing this contract within the specified time. Insurance: Contractor shall, at its own expense, at all times during the term of this contract, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, Worker's Compensation, blanket contractual liability, products and completed operations, and owner's and contractor's protective insurance and comprehensive vehicle liability including owned and non-owned vehicles. The liability coverage under each policy shall be a minimum of $1,000,000 per occurrence (combined single limit for bodily injury and property damage claims), vehicle liability in the amount of $1,000,000; logger's broad form B in the amount of $1,000,000, aircraft liability coverage for $10,000,000 combined single limit, including airport premises liability. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be acceptable. The insurance coverage required by this contract shall meet the coverage requirements for claims made under the Oregon Tort Claims Act. Certificates of insurance acceptable to the City shall be filed with City prior to the commencement of any services by Contractor under this contract. These certificates shall contain provision that coverages afforded under the policies can not be cancelled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. Conduct of Contractor: Contractor shall conduct all operations in a workmanlike manner consistent with good logging and forestry practices, shall supply and pay for all supervision, labor, equipment, and supplies, shall comply with Oregon Forest Practices Act, and shall take particular care to avoid damage to reproduction and leave trees and infrastructures of the City of Ashland. Contractor is expected to comply with all applicable rules and regulations of OR-OSHA, and nothing in this contract should be perceived as superceding those requirements. Contractor shall obtain all necessary permits from the Oregon Department of Forestry, designating the City of Ashland as timber owner and landowner, and the Contractor as contractor performing work. The Contractor shall conform to the additional logging provisions set forth in Exhibit "B". 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 should be processed to acceptable diameters and lengths by Contractor prior to delivery to receiving mill. Contractor will not be paid for delivery of any log graded as cull, utility cull (UC), or other log size or grade that cannot receive full payment, with the exception of a special cull (SC) or peelable cull (PC), whose value will be divided equally by the Contractor and the City. Contractor shall exercise due diligence to ensure that specifications of receiving mill are met. The City shall monitor timber cutting operations in the field with respect to minimum log lengths required by receiving mill and Contractor shall be responsive to City concerns PAGE 2 - Special Contract Provisions with regard to log length specifications. Should the receiving mill impose penalties for short logs, except where cut lengths are outside of the control of the Contractor, the costs will be equally shared by Contractor and City. Contractor shall commence logging operations as soon as weather and field conditions permit and continue on an uninterrupted six-day per week basis until the estimated volume of 400-500 thousand board feet is removed. 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 fourteen (14) days prior to commencing any logging activity and upon any completion of any logging activity. 10. 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 Logging Operations Plan. If rock is required on the service and log landings, the City shall provide it. The City shall be responsible for the treatment of logging slash under this contract. 11. Breach of Contract: In the event the Contractor violates or breaches any terms of the contract, the City shall have the right immediately to suspend operations of the Contractor by written notice. If such breach is not remedied within fourteen days after such notice, the City may terminate this contract, and the Contractor shall have no further rights under this contract. Upon such termination, the City shall enter a forfeiture of the contract, and action may be taken to recover damages from the Contractor and surety. 12. 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. 13. Indemnification: Contractor agrees to defend, indemnify and save City, its agents, and employees harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or PAGE 3 - Special Contract Provisions 14. 15. 16. 17. 18. destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. Payment: All volumes for 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 to which logs are to be delivered. Both parties have the right to request a check scale at any time, the cost of which shall be borne by the party making the request. The parties agree to accept the rescale volume of a qualified bureau or agreed upon scaler as the final volume for such logs or other forest products whenever the bureau's or agreed upon scaler's rescale volume shows a variance in excess of plus or minus 5% from the original scale. Otherwise, the original scale will prevail. The cost of the rescale shall be as provided in the official Log Scaling and Grading rule book. If, in addition to the foregoing, the cause of the error resulting in the above adjustment, if any, is determined to be due to an error in scaling methods, the parties to this contract shall negotiate an equitable volume adjustment to be applied to the volume of logs removed from the sale area which were not rescaled. Rate of Payment: Contractor will be paid $ 581.04 per thousand board feet Scribner Westside Gross Scale. Lo.q Accountability: Purchaser shall require the truck driver of each load of logs to sign a log load receipt. Contractor shall designate a person who is competent and continuously employed at the place of loading to properly supervise and issue log load receipts. Purchaser shall ensure that scaler records the log load receipt number on the scale ticket, and attaches a copy to the copy of the scale ticket, and mails to City on the date scaled. 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. Route of Haul: The City will identify the route of haul for transport of logs to the receiving mill. Drivers will observe posted speed limits 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. 19. Lo.q.qin.q 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: PAGE 4 - Special Contract Provisions 20. 21. 22. 23. 24. 25. · Sale contract number and name. · Approximate date project work will commence. · Approximate date logging operations will commence. · Authorized representatives of Contractor and emergency contact 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. 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 Contractor gives reasonable notice to City. City shall furnish Contractor additional copies of Exhibit "A" or other suitable maps which Contractor shall use for showing locations of work specified in sections. 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. Minor Chanqes: Within sale area, minor adjustments may be made in boundaries of cutting units or in the timber individually marked for cutting when acceptable to Contractor and City. 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. No timber shall be felled across, or into, 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. 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. Damages: All operations of the Contractor under this contract shall be conducted to minimize, so far as practicable, damage to adjacent City timber and reserve trees within the sale area, to streamcourses and to streamsides within the sale area. Should Contractor cut, remove or damage any City owned timber other than as authorized by law, or this contract, Contractor shall be subject to the provisions of ORS 105.810 to 105.815. Erosion and Damage To Soil: During operations under this contract, including the use of landings, the Contractor shall take such precautions as necessary to PAGE 5 - Special Contract Provisions 26. 27. 28. 29. 30. 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. 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. 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. Refuse resulting from Contractor's use, servicing, repair or abandonment of his equipment shall be removed, buried or otherwise disposed of. Contractor shall avoid servicing of yarders, loaders, tractors, trucks and similar pieces of equipment on City lands at or adjacent to lakes streams or recreation facilities. 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. 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. 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. 31. 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. 32. 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 PAGE 6 - Special Contract Provisions 33. 34. 35. fire attributable to the operations of Contractor, employees and 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 the 9-1-1 center for the City of Ashland, which will provide other required notifications of fire response agencies. 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. Assignment: No assignment of the Contractor's rights shall be effective without the written consent of City. Payment to Laborers and Materialmen Contributions to SAIF Liens and withholding Taxes as Required by ORS 279.312: The Contractor shall: Make payment promptly, as due to all persons supplying to such Contractor labor or material for the prosecution of the work provided for in such contract. Pay all contributions or amounts due the industrial Accident Fund from such Contractor or subcontractor incurred in the performance of the contract. Not permit any lien or claim to be filed or prosecuted against the City on account of any labor or material furnished. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. File with the City a certificate of insurance indicating coverage for worker's compensation under these provisions. 36. Payments of Claims as Required by ORS 279.314. If the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the public contract as such claim becomes due, the proper officer or officers representing the City may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Contractor by reason of his contract. 37. The payment of a claim in the manner authorized in this paragraph shall not PAGE 7 - Special Contract Provisions elieve the Contractor or his surety from his or its obligation with respect to any unpaid claims. 38. Payment for Medical Care and Attention to Employees as Required by ORS 279.320: The Contractor shall promptly, as due, make payment to any person, copartnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all moneys and sums which the Contractor collected or deducted from the wages of his employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. Contractor ,~ (authodzed si§nature) City of Ashland BY Director of Frme'n-ce (title) Reviewed as to Content BY '~hief Federal ID# q3-11q-~Scfo Date: Reviewed as to Form / ,City Attorney Date PAGE 8 - Special Contract Provisions 12 / 08 / 2003 EXHIBIT "A" ASHLAND FOREST LANDS RESTORATION PROJECT January 8, 2004 Intent It is the intent of the City of Ashland to protect and promote ecosystem conditions that support the production of quality drinking water for the City of Ashland, and to ensure the development of healthy, sustainable, functioning forests trending toward late successional forest conditions. Given the high levels of bark beetle related mortality within the last three years and the ongoing threat of large scale, high intensity wildfire, it is questionable whether existing stands are sustainable over time. The City of Ashland has applied a "thin from below" treatment strategy upon its forest lands since 1995. Project Description This RFP initiates work on "Phase I1" of the treatment methodology for City of Ashland forest lands which involves the commercial thinning and removal of approximately 400- 500 thousand board feet (gross volume Scribner long-log scale) of merchantable and non-merchantable timber on 183 acres, of the 486 acres of forest land contained in our Lower Watershed. Approximately 6,000 trees have been marked for removal, averaging 32 trees per acre. Thirty percent of those trees marked are standing dead timber. Location Of Project Two general silvicultural treatments - mortality salvage and stand density reduction through commercial thinning - have been marked and designated for approximately 183 acres of the 486 acres (37.7%) in the lower City of Ashland ownership. These treatments were spread out over a total of 17 units (see attached map). No treatments were prescribed for the remaining 303 acres where they were, (1) areas burned in the 1959 fire with little, if any, merchantable volume, (2) areas of significant slope concern, (3) riparian management areas along Ashland Creek and Reeder Reservoir, (4) reserve areas, and (5) quarries, roads, Reeder Reservoir and other non-forest sites. Boundaries of Project Areas The project areas are generally identifiable as project units by blue flagging. Access is by all weather City of Ashland and Forest Service seasonal roads. Seasonal roads may be impassable for several days after heavy rains, or snow blocked during the winter months. The City of Ashland will need to conform to the road use permit issued by the Ashland Ranger District for this project. I:::~ld IRIT "A" 12 / 08 / 2003 Unique Features of Project Areas Leave trees, wildlife trees and snags are present within the project sites. Hardwood trees are present throughout the project area and shall not be cut or damaged if at all possible. Hardwood trees 14 inches DBH and larger are particularly prioritized for retention. Treatment Protocols Slash treatment from this project will not be the responsibility of the contractor. Tops and the majority of limbs will be left in the unit rather than be flown attached to logs or trees. FXHIRIT "A" EXHIBIT "B" PRESCRIBED LOGGING PRACTICES 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 timber to be left standing. Once logging has commenced, it shall be completed 30 days unless modified by prior written agreement of the parties. After a 30 day period or longer period if agreed upon as provided above, no additional logging shall be done unless said period is extended on account of factors described in paragraph I-E of the Agreement. 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. 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. All costs of logging, including timber falling, yarding, loading and hauling to purchasing mill, shall be paid for by CONTRACTOR, unless otherwise indicated in this contract. 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. At all times during the operating period of this contract the CONTRACTOR shall keep logger's choice roads being utilized under this contract, open and in such state of repair as to permit normal operation of a pickup truck at a speed of 10 miles per hour. Upon termination of use the roads shall be left in such condition. 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. 8. The timber cut pursuant to this sale shall be removed from the location of falling to the landing via helicopter. A dropline with a maximum length of one hundred fifty (150) feet is required. All logs will be yarded to landings agreed upon between CONTRACTOR and CITY, as indicated in the approved Logging Operations Plan. PRESCRIBED LOGGING PRACTICES March 5, 2004 Page 1 10. 11. 12. 13. 14. This sale is primarily a commercial thinning sale, and therefore 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. Damage is defined as any and all butt or bole scars one-third bole circumference or greater, and/or any broken tops or boles. Timber to be removed has been carefully marked in small groups of a minimum of 400 board feet. All multiple log turns will be vertically lifted from a small enough radius to result in minimal damage to the residual forest. Logs to be yarded will be lifted vertically to a height above the adjacent trees that are left before starting to return to the landing. All limbs that can be removed in the falling and bucking operation, and tops of all trees, shall be removed prior to being yarded and left in the woods. Material which is 16 feet or more in length, 5 inches or more in diameter inside bark at the small end, and 33 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's agent, 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 included timber by 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, also such felling shall be done in such a manner that all timber will fall into the sale area whenever possible. The tops and limbs thrown into adjacent areas must be removed concurrently with the logging operations. When bucking, the last log shall be left attached to the top until yarded to the landing. Trees shall be cut as close to the ground as practicable. Felling should be conducted in a manner that does not compromise the safety of the failer, as outlined in OR-OSHA Administrative rules Chapter 437, Division 7. Numerous snags are marked for removal in this project, which may require special safety considerations and/or the removal of adjacent trees. Any unmarked tree removed for safety reasons shall have an "X" cut into the stump for identification purposes. Acceptable log lengths of purchasing mill(s) will be given to CONTRACTOR prior to initiation of job, including minimum log lengths. A log length restriction of 43 feet 10 inches, plus up to one foot of trim, will be required under this contract. No longer logs shall leave the property. 15. Firewood use and/or cutting shall not be permitted. PRESCRIBED LOGGING PRACTICES March 5, 2004 Page 2 17. Before removing any logs from the area hereinabove 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. Three logs or 20% of the logs from the timber sale area decked on a truck, whichever is greater, 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, provided by the CITY, shall be applied over each brand. 18. 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. 19. Aerial logging operations on weekends will be restricted to US Forest Service landing (upper landing). The use of City of Ashland landings (lower landings) on weekends will be restricted to helicopter service work only. PRESCRIBED LOGGING PRACTICES March 5, 2004 Page 3 uperior Helicopter LLC Member of the Swanson Group 9 February 2004 This proposal is in response to a solicitation by the City of Ashland. The solicitation is to secure mn/ices for natural resoume rnaregem~t activities on the Ashland Forest Lands Restoration Project. The following is a proposal submitted by Superior Helicopter, LLC. History Supedor Helicopter LLC has bccn in business since 1996. It is owned and operated by the Swanson Group which has been in the Timber Business since 1951. Superior Helicopter, LLC employs several very experierta~ Logging Managers who all have bccn involved in helicopter logging for 17 + years. Superior and Swanson Group have expertise in all phases of Timber Stand EnhancaTent and Logging operations. During the (:x)urse of a typical year our helicopters can be found working throughout the Northv, estem United Slates on Logging, Construction and Fire projects. Heli-Lo~qinq Production Timber Harvesting in a safe, environmentally responsible manner Superior Helicopter began as a helicopter-logging outfit and enjoys an outstanding reputation as one of the premier helicopter harvest companies in North America. Superior employs a staff of highly experienced forest managers and can provide everything from cutting, processing, loading to ground crews to a well equipped fleet of log hauling trucks for support of our helicopter logging operations. Superior believes safety and efficiency are the keys to a productive operation. Ph: (541) 832-1167 Fax (541) 832-1184 www. superiorhelicopter, com 2794 Foothill Blvd. Grants Pass, OR 97526 PO Box 1480 Grants Pass, OR 97528 Movin.q wood with the Aerial Truck The KMAX helicopter was originally chosen by Superior for timber harvesting for several unique reasons. - It is a rugged, reliable helicopter designed for repetitive heavy lift operations all day, every day - It utilizes an intermeshing dual rotor system that eliminates the tail rotor. This system not only generates tremendous lift, it also greatly reduces downwash, which makes it well suited for vertical forest thinning without environmental or residual canopy damage. Noise levels are up to 30% quieter than traditional Heli-Logging aircraft which is a real plus in today's Urban Interface Fuels Reduction projects.. It is the safest aircraft to work beneath in the industry due to Iow downwash, great pilot visibility out both sides of the aircraft, and good dead lift capability (lifting turns straight up, instead of dragging for lift) - It is rated at 5000 lbs. lift capacity at 8000 ft. elevation. Environmental Thinnin_o- Without a Trace Superior's KMAX operation is uniquely suited to this application, because we have the forest professionals and the proper size helicopters to perform light thinning economically and without any canopy or stand damage. The quietness and Iow rotor wash signature of the KMAX is an environmentally responsible way to thin high density woodlands. Additional company information can be found at our website, www.superiorhelicopter, com. (9.3) Recent Logging Customers Sierra Pacific Industries Lincoln, California Contact: David Harcus Office Phone: 916-645-1631 Projects: 2002 - Grouse Heli Volume: 2.0 mmbf Emi Gap Salvage Volume: 3.0 mmbf 2003 - Two Bald Hell Volume: 1.8 mmbf Grouse Heli Volume: 1.0 mmbf Poorman Hell Volume: 2.8 mmbf Prairie Wood Products Prairie City, OR Contact: John Shaw Office Phone: 541-620-0955 Projects: 2003 - Boulder Beatle Volume: 1.5 mmbf Sierra Pacific Industries Anderson, California Contact: Bruce Haynes Office Phone: 530-378-8352 Projects: 2003 - Ken Del Heli Volume: 3.1 mmbf Swanson Group Glendale, OR Contact: Ted Wall Office Phone: 541-832-1113 Projects: Too many to list Volume: 10.0 mmbf+ p/year Combination of Federal and Fee Lands Fruit Growers Supply Co. Hilt, California Contact: Terry Salvestro Projects: 2002 Miller Heli Office: 530-475-3453 Volume: 2.0 mmbf RY Timber Co. Townsend, Montana Contact: Ed Regan Office: 406-266-3111 Projects: 2001 Maverick Mt Volume: 500'000 mbf Discovery Basin Volume: 300'000 mbf Black Tail #1 Volume: 2.0 mmbf 2002 Black Tail #2 Volume: 2.4 mmbf Clearwater Forest Industries Kooskia, Idaho Contact: Jim Wassmuth Office: 208-926-4266 Projects: 2003 East Bridge Volume: 3.0 mmbf 806 Timber Sale Volume: 5.5 mmbf Ottma,n Forestry, Missoula, Montana Contact: John Ottman Projects: 2001- 2002 Office: Sterling Ranch 406-543-7179 Volume: 8.0 mmbf 1~. ramid Mountain Lumber Seeley Lake, Montana Contact: Bruce Timpano Office: 406-677-2201 ext: 43 Projects: 2001- 2003 Sieben Adel Ranch Volume: 2.0 mmbf Abemathy Volume: 1.8 mmbf Bear Salvage Volume: 3.0 mmbf Other Customers Plum Creek Missoula, Montana Contact: Steve Hayes Office: 406-542-3281 Three Riv, ers Timber Kamiah, Idaho Contact: Mike Hanna Office: 208-935-2547 Boise Cascade White City, Oregon Contact: Greg Johnson, A1 Van Prooyen Office:541-776-6600 (9.4) , Government Contractine Superior Helicopter LLC also continues to contract annually too the United States Governmem (N.I.F.C.), States of Oregon, Washington, Idaho, California and the country of Australia for Helicopter Water Bombing services during each respective fire season. Bid For Services:/lshland Forest Lands. Restora~on Project Submitted by: Superior Helicopter LLC PO Box 1480 Grants Pass, OR 97528 Contact: Carson Johnson Timber Sale Operations Manager 541-832-1220 Delivered Lo~ing Cost Bids: 1) Yreka, CA 2) White City, OR 3) Riddle/Dillard, OR 4) Glendale, OR $587.33 p/1000 gross/merch $575.86 p/1000 gross/merch $625.86 p/1000 gross/merch $589.70 p/1000 gross/merch Contract Stipulations; In order for Superior Helicopter LLC to enter into an agreement for services there will need to be several modifications to the Contract RFP. The following are some of these issues that would need to be further negotiated if you were to choose our services: Page 2- Special Contract Provisions (9. Contractors Duties) Due to the nature of the timber to be cut it is impossible to control the amount of short logs the trees will contain. We would not enter into an agreement that contains a penalty for short logs. The same paragraph contains language that contractor must commence operations as soon as field conditions permit. We understand time is of the essence; but we would have to schedule around prior commitments. Page 6- Special Contract Provisions (26. Unavoidable Damage) Due to the tight nature of the timber stand and light cut tree marking we feel there is a high likelihood of some residual tree damage. We would have an issue with agreeing to pay for something that is impossible to control. Page 7 - Special Contract Provisions (39. Hours of labor) Our operations and employees work more than 8 hours per day weather permitting. Our employees are paid overtime for anything over 40 hours in a 7 day period. We also work 7 days a week with 5 day on / 2 day off rotations. We could not change our operations to meet the Cities requirement for such a short term project and would require that Wage and Hour stipulations be waived. Page 1 - Prescibed Logging Practices (7.) We have concerns with yarding logs over the power lines on this project. Our problem is not with actually striking the lines with a load but the uncontrollable chance of limbs, bark or a broken chunk coming off while crossing the line. If the lines are left charged and a limb was to strike them it is a possibility that a fire could result. In addition we have never cut timber at the face of a Dam. Can trees hitting the ground in the vicinity of the dam cause any cracking or problems? Also there is the water line at the bottom of the units that has trees marked around it. Those trees can be dealt with but the pipe could be struck by a run away log or chunk from several hundred feet up the hill that is out of any of our control. Just some questions on liability we would like answered before the start of operations that will require a waiver stating that the City will assume all liability and cost for any damage that may possibly occur unless it is absolute gross negligence on our part. Page 2 - Prescibed Logging Practices (9.) Same issue as stated in Page 6- Special Contract Provisions (26. Unavoidable Damage) above. Page 3 - Prescibed Logging Practices (19.) Due to the location of the service landing we would need a waiver to operate out of there on Saturday and Sunday to facilitate yarding in the Southem most units which are a mile or more away. The aircra~ would land and take off every 1 to 1.5 hours approximately 5 to 6 times each day. Also we would ask that the time restriction for the Northern landing operations be extended too 7:00 am thru 6:00 pm during all operations. Summary, Superior Helicopter LLC is encouraged to see a city take action to protect its local forest and watershed. We hope to provide the services the City of Ashland is looking for. If you have any questions or concerns with this proposal please contact Carson Johnson at 541-832- 1220. Thank you for considering Superior Helicopter LLC for the Ashland Forest Lands Restoration Project. Carson Johnson Timbersale Operations Manager Superior Helicopter LLC PO Box 1480 Grants Pass, OR 97528 'COR I DATE A D. CERTIFICATE OF LIABILITY INSURANCE p.,,,. Of 2 03/0 /200' PRODUCER INSURED 877-94'5-7378 Willis North America, Inc. - Regional Cert Center 26 Century Blvd. P. O. Box 305191 Nashville, TN 372305191 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE SuDerior Helicopter, LLC PO Box 1480 Grants Pass, OR 97528 INSURER A:American States Insurance ComDany 1970&-001 INSURERB:Arch Specialty Insurance Coa~pny 21199-000 INSURERC: INSURERD: INSURERE: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION I.TR TYPE OF INSURANCE POLICY NUMBER DATE ~MM/DD/YY~ DATE ~'M M/DIll'y} LIMITS A GE___NERAL LIABILITY 01CC-,24,575720 9/30/2003 9/30/2004' EACH OCCURRENCE $ 1,000, 000 X COMMERClALGENERAL LIABILITYi r--~ . FIRE DAMAGE (Any onefire) $ 200,000 [X~l OCCUR i MED EXP (Any one person) $ 10,000 I CLAIMS MADE X Includes Loggers ! PERSONAL&ADVINJURY $ 1,000# 000 X Broad Form PD GENERALAGGREGATE $ 2,000,000 G EN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 2,000,000 JECT [---'] LOC A AUTOMOBILE LIABIUTY 01CG24'575720 9/30/2003 9/30/2004' COMBINED SINGLE LIMIT X : ANY AUTO (La accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ B EXCESSLIABILITY~ 72ULP14,33800 9/30/2003 9/30/2004, EACH OCCURRENCE $ 20,000,000 X I OCCUR [I CLAIMSMADE AGGREGATE $ 20,000,000 $ DEDUCTIBLE $ X RETENTION $ 25,00 {; $ WORKERS COMPENSATION AND WC STATU- I OTH- EMPLOYERS' LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT $ ; I E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS NAMED INSURED ( S ) -- SuDerior Helicopter, LLC CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETFER: CANCELLATION Ashland Fire & Rescue 455 Siskiyou Boulevard Ashland, OR 97520 I ACORD 25-S (7~7) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN .OT~CE TO THE CERTIFICATE .OLDER NAMEO TO THE .Em, BU~ FA.LURE TO ~O SO S.ALL IMPOSE NO O~JG~TION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR R EPR ESEN.74~TIVF-'~· / ~ AUTHORED R~ES?~ATIVE / / f/ Col1:933125 TD1:2084'86 Cer~.'4'~9-561' ~ ' /© ACORD CORPORATION1988 Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD2~S(7~7) Co11=933125 TD1=208486 Cert=4119561 03/01/04 M0N 16:49 FAX 206 232 9515 CALEDONIAN INS. GRP. ~002 CERTI~CATE OF INSURANCE This is to certify that the policies of insurance as described below have been issued to the Insured for whom this certificate is executed and are in force at this time, This certificate is issued for information only and confers not rights upon the holder. This certificate neither sfF-lmmtively nor negatively amends, extends, or alt~rs the coverage afforded by such policy(ies) or binder(s) stated herein. SEVERAL LIABILITY NOTICE The subscribing insurers' obligations under contracts of insurance to which riley subscribe are several and not joint and are limited solely tc extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing imurer who any reason does not satisfy all or part of its obligations. INSURED: SUPERIOR HELICOPTER, LLC SUPERIOR LEASING LLC PO Box 1480 Grants Pass, OR 97528 CERTIFICATE ISSUED TO: Ashland Fire & Rescue 455 Siskiyou Blvd. Ashland, OR 97528 POLICY PERIOD: September 30, 2003 to September 30, 2004 at 12:01 A.M.L.S.T. POLICY NO's/ INSURER's.: 75.0%: OM05436 / CY07399 - Underwrit,rs at Lloyd's London and Foreign Insurers 12.5%: PXLR 3700020-1 - XL Specialty Insurance Company 12.5% 01330%012 - Houston Casual~ Company AIRCRAFT: All Rotorwing Aircraft owned and/or operated by the Named Insured. TERRITORY: Worldwide AIRCRAFT LIABILITY C.O.VERAGE Combined Single Limit Bodily Injury and Property Damage (Excluding Liability To Occupants): I,IMITS OF LIABILITY $25,000,000. Each Occurrence INCLUDING CARGO LIABILITY COVERAGE EACH OCCURRENCE Combined Single Limit: Deductible: $5,000. $250,000. With respect to Aircraft Liability: It is understood that Ashland Fire & Rescue shall be included hereunder as an additional insured solely with respect to operations, on taheir behalf, by the Named Insured. It being specifically understood and agreed the inclusion of more than one insured hereunder shall not operate to increase the limits of the Insurer's liability. Caledonian Insurance Group, Inc. has made provision for prompt notice to you in the evem of cancellation of the above described policies, but except as otherwise stated in this certificate, Caledonian Insurance Group, Inc. assumes no legal responsibility for any failure to do so. Certificate Date: Dccember 22, 2003 Caledonian Ill~pmnce Group, Inc. P.o. Box 601 \l Mercer Isla~l, '~.98040-0060 (206)By: 232-9~0.0 ~.6)i~._~/232-9515 03/01/04 M0N 16:49 FAX 206 232 9515 CALEDONIAN INS. GRP. ~003 B PCOFFOPATDN ,too High St SE -~alem, OK cJ'/3~g,-~,ooo Toll Free 1-B00-255-~525 ASHLAND FIRE &. RESCUE 455 SZSK]'YOU BLVD A~HLAND, OK 97520 OREGON WORKERS' COMPENSATe. ON CER'r'ZFI'CATE OF ZNSURANCE CEI~'I'~F~CATE HOt.DER; ASHLAND FIRE & P-,E$CUE ~-55 SISKT~OU BLvD ASHLAND, OR 97520 IThe policy of Insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. ..,. ..... . ....... POL;[L'"Y NO. 498960 ZN~.IRED; PO BOX 14~0 GRANTS PASS, OP. 97528 POI.iCY PERE)D lo/o~/zoo3 TO :[o/o~.12oo4 WIII T~j OF EUGENE PO BOX 1.357 EUGENE, OP. 97440 DATE 03/,0~./2,004 I..IMZTS OF L.TABZLT-i'Y: Bodlly Injury by Accident $500,000 each acddent Bodily Injury by Disease SS00,000 each employee Bodily Injury by Disease $500,000 policy' limit DF....~.IR,~Irlr'zoN OF OPERA'rZONBfLOCA,TZ(3N$/ePI~L'ZAI, P,E: All Operations IN POI~q'ANT; The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information anly and confe~s no rights to the certificate holder. This cert:ificate does not amend, extend or alter the coverage afforded by the policies above. SHOULD ANY OF THE ABOVE DESCR.[EtED POLZCIES BE CANCELED BEFORE THE EXPIRA3'~ON DATE THEREOF. THE ISSUING COMPANY WILL HA~L 30 DAYS' WRZT~N NOT~C;E TO THE ABOVE NAMED CERTIFICATE HOLDEP,, AUTHORIZED REPP. ES ENTA'rZvE CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 CITY REC0RDER'S COPY Page 1 / 1 I 04896 VENDOR: 008322 SUPERIOR HELICOPTER LLC 2794 FOOTHILL BLVD GRANTS PASS, OR 97526 SHIP TO: Ashland Fire Department (541) 482-2770 455 SISKIYOU BLVD ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: 03/05/2004 Special Inst: Req. No.: Dept.: PUBLIC WORKS Contact: Keith Woodlev Confirming? NO BLANKET PURCHASE ORDER and Log Transpo~ to Receiving ~ gross/~erc~ Rate of payment: Contractor will be Scribner Westside Gross Scale. RFP Completion Date: 04-30-2004 SUBTOT~ 350.000.00 BILL TO: Account Payable T~ 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 350,000.00 ASHLAND, OR 97520 E 670.08.29.00.604160 350,000.00 Autli~d Signature VENDOR COPY A request for a Pumhase Order REQUISITION FORM THIS REQUEST IS A: [] Change Order(existing PO # __.) CITY OF - SHLAND Date0, Request: II Required Date of Delivery/Service: Vendor Name: Address: City, State, Zip: Phone: Fax Number Deliver Location SIJPFRIOR HFI ICQPTFR II C. 2794 FOOTHILL BLVD GRANTS PASS, OR 97526 Tel: (541) 832-1167 Fax: (541) 832-1184 455 Siskiyou Blvd. Ashland OR 97520 Services Only Description Total Cost Solicitation Process: HELICOPTER TIMBER HARVESTING $ 581 04 Pi1000: (copies attached) SERVICES AND LOG TRANSPORT TO [] Sole Source '~invitation to Bid RECEIVING MILL ~(copies on file) N°t TO Exceed [] Less than ~ Request for $5000 Proposal (copies on file) Account Number 670.08.29.00.604160 *Please attach the Original signed contract and Insurance certificate. Item # Quantity Unit Description Unit Cost Total Cost Account Number *Please attach the quotes. Employee Signature: /~ ~'c'4:'~ /'-/..~,/Y/~.. ~',-~ Supervisor/Dept. Head Signature: '~'~"';/'/-//v//'r~ NOTE: By signing this requisilion form, I certify that fhe above redCest meets the City of Ashland Solicitation Process requirements and can be provided { when necessary, t, G:Finance\ProcedurCAP\Forms\Supedor Helicopter Requisition form.doc Updated on:07/15/02