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MT ST HELENS REFORESTATION
2010 Reforestation
Forestry
LEG 12-1
03/25/2010
04/30/2010
05/O1/2010
Comments :
PROFE55IONAL SERVICES AGREEMENT
2010 Reforestation
The City of Bremerton ("City") and Mount St. Helens Reforestation ("Contractor"),
referred to collectively as the "Parties," enter into the following Agreement for professional
services:
I. Scope: The Contractor agrees to perform the services more specifically described in the
Scope of Work, dated January 14, 2010, including any attachments thereto, attached hereto as
Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only
pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified
additional services such services shall only be performed upon the express written request of the
City. Contractor further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed.
II. Term: The City and the Contractor agree that work will begin on the tasks described in
Exhibit A upon execution of this Agreement based on seedling availability and a mutually
agreeable schedule. The parties agree that the work described in Exhibit A is to be completed by
March 31, 2010; provided however, that additional time shall be granted by the City for
excusable delays or extra work as provided for in section IX (A) of this agreement.
ffi. Coffipensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Contractor $210.00 per tbousand acceptably planted seedlinss. The estimated
total number of seedlings to plant is 28,750; estimated contract value is $6037.50. Contractor's
charges and bills shall conform to the fee schedule attached hereto as Exhibit B and incorporated
herein by this reference.
The Contractor shall submit regular billing statements detailing work perfortned and
amount charged on each task or portion thereof. The descriptions shall conform to and fall
within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a
conforming billing statement, the City shall promptly process payment. PROVIDED,
HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay
work tasks under the time frame set forth in Section II herein. The Contractor's labor rates and
billing fees shall be as delineated in Exhibit B.
Contractor shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Contractor shall only be compensated for additional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be in accordance with
Exhibit B.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Contractor of its obligations under this Agreement.
Bremerton/
2010 Reforestation
Page 1 of 6
IV. Relationship of Parties: Contractor represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise. Contractor and its personnel are independent Contractors and not employees
of the City. Contractor and its personnel have no authority to bind the City or to control the
City's employees and other Contractors. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub-Contractors of the
Contractor. Contractor will be solely and entirely responsible for its acts and for the acts of
Contractor's agents, employees, representatives and sub-Contractors during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Contractors to perform the same or similar work.
As an independent Contractor, Contractor is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Contractor or its personnel.
As an independent Contractor, Contractor is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Contractor.
V. Inde�ani�iea�aon: Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTR.ACTOR'S
WAIVER OF IMMUNITY UNDER 1NDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
Bremerton/
2010 Reforestation
Page 2 of 6
VI. Insurance: The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents,
representatives, employees, sub-consultants or sub-Contractors.
Before beginning work on the project described in this Agreement, the Contractor shall
provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Laability insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operations/broad form property
damage; explosion, collapse and underground (XCU) if applicable; and employer's
liability; and
3. Ezcess Liability insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Contractor.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a"claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Contractor and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies andlor endorsements.
The Contractor's Commercial General Liability insurance shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
The Contractor's insurance shall be primary insurance as respects the City and the City
shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
VII. General Condations:
Bremerton/
2010 Reforestation
Page 3 of 6
A. Contractor shall have current registration with the State of Washington for farm labor
and shall supply proof of registration.
B. Work Performed at Contractor's Risk: Contractor shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-contractors in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
C. Place of Work: The Contractor shall perform the work authorized under this
Agreement on City-owned lands in Bremerton, Washington. Any meetings with the City staff as
described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations
mutually agreed upon by the parties.
D. Entire A�reement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
E. Severabilitv: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
F. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
G. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address
Forestry Manager
Bremerton Dept. of Public Works & Utilities
100 Oyster Bay Ave. N.
Bremerton, WA 98312
Contractor Address
Hugo Peregrino, Manager
Mt. St. Helens Reforestation
PO Box 971
Chehalis, WA 98532
H. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
I. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
Bremerton/
2010 Reforestation
Page 4 of 6
J. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and
local laws in performing its obligations under this Agreement.
K. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
L. Attornevs' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
M. Assi� Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
Vffi. Nondiscrimination: Contractor shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or
sexual orientation except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the
other Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Contractor shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delavs: The right of Contractor to proceed shall not be terminated nor shall
Contractor be charged with liquidated damages for any delays in the completion of the work due
to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2)
any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes
not reasonably foreseeable by the parties at the time of the execution of the Agreement that are
beyond the control and without the fault or negligence of the Contractor, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED,
HOWEVER, that the Contractor must promptly notify the City within ten (10) calendar days in
writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement,
the delay is properly excusable, the City shall, in writing, extend the time for completing the
work for a period of time commensurate with the period of excusable delay.
B. Ri h� ts Upon Termination: In the event of termination, the City shall pay for all
services performed by the Contractor to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
Bremerton/
2010 Reforestation
Page 5 of 6
data within the Contractor's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
CITY ���MERTON CONTRACTOR
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its: Public Works & Utilities Director its: /`�1 �1 w� A G L/Z
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Bremerton/
2010 Reforestation
Page 6 of 6
E�BIT A
SCOPE OF WORK — Jaauary 14, 2010
2010 REFORESTATION CONTRACT
SCOPE OF WORK:
NOTE: Seedlings to be supplied by the City of Ba�emerton
1. Contractor shall acceptably plant approximately 28,750 seedlin�s (26,750 Plug+l
Douglas Fir and 2000 Plug+l Western Red Cedar) on approximately 71 acres of
Bremerton Water Utility forest land. Specifics for individual planting units are
contained in the attached "Reforestation Unit Description" and maps, which are
made a part of the Scope of Work by this reference.
2. Contractor shall plant by hand methods, utilizing approved planting shovels
common to the industry.
3. Contractor shall use acceptable methods of planting based on these factors:
selection of plantable spot; proper spacing; clearing of planting spot; correct
digging of planting hole; tree placement; and back-filling/firming of soil. The
preceding shall be accomplished according to best management practices
common to the industry and/or as specified in the attached "Reforestation Unit
Description".
4. Contractor shall, from the time of seedling delivery, exercise proper care of
seedlings, including, but not limited to, protection from drying, heating,
smothering, freezing, drowning, or mechanical injury.
5. Contractor shall, prior to commencement of planting operations, arrange to meet
with Forestry staff to discuss the scope of work and make arrangements for access
and sanitary facilities.
Contract compliance, to determine acceptable planting, shall be performed by City
Representative using 1/50�" acre circular plots. At each plot, City Representative will
examine for and record his/her findings using criteria described in 3) above and/or in the
"Reforestation Unit Description". To be acceptable, planting quality shall be at least 92%
of the total trees planted in the unit, and within 5% (+/-) of the quantity specified in the
"Reforestation Unit Description". A minimum of two (2) well distributed plots per five
(5) acres planted will be taken.
Seedlings shall be made available by the City at the individual planting units, or at
another mutually agreeable area on City lands.
2/10/2010
EXHIBIT B
FEE/RATE SCHEDULE
2010 REFOIZES'Y'ATION CONTRACT
PAYNIENT SHALL BE BASED ON THE FOLLOWING:
1. The quoted rate per thousand planted seedlings which is $210.00/thousand. An
estimated 28,750 seedlin�s (26,750 Plug+l Douglas Fir and 2000 Plug+l
Western Red Cedar) are to be planted on approximately 71 ac�es of Bremerton
Water Utility forest land. Total trees planted shall be based on actual tree count
for acceptably planted seedlings on the aggregate of units as described in E�ibit
A.
2. For similar additional work that the City may request, and upon mutual agreement
of the parties, an hourly rate of $28.00/hour/worker, is established.
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A (�PRv�Et,7 SNaVEL
REMARKS:
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FOREST PRACTICE ACTIVITV IVi�►P
TOWNSHIP 24 NORTH HALF 0, RANGE 9 WEST (1N.M.) HALF 0, SECTION 24
Appiication #: z� � �(44 �
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Fle�e use the fegend from lhe FPA Instructlon or provide a list of symbols used.
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fi Co�tour Intervat: 40 Feet
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REFORESTATION iTNIT DESCRIPTION
TJNIT NAME: /'� � IC e �u rV p t- ra � � -�o �5 F
FPA #: '—' YEAR LOGGED: �. o o�j NET ACRES: /
LEG�.: Pa�z NC SE 3�(2�! �-� w�
CONTRACT PERIOD: l- e3 - M A�2 "Zo � o
STOCK TO BE PI,ANTED:
Species D F
Size/Age P�uc, -+- t
Approg. Quantity L/SO
'I'otal Trees/Acre �/S �
Totat S`O
SPACING: / � x � �
ELEVATION: 4 O O ASPECT: cS E SLOPES: �C 15 %
SLASH CONDTTIONS: 1� c� i�.� -�c.od e � art e
SPECIAL REQUIREMENTS:
IA�PQo�e� S�rd�e�
1tENL!�RKS:
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Pleaso use the legend from the FPA Instrudion or provide a fist of syrt�lwts used.
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Contour I�terval: -00 Feet
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TOWNSHIP 24 NORTH NALF 0, RANGE 1 WEST (W.M.) HA�F O, SECTION 34
Appiication #: � � 33'�!' � �
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